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17.

Settlement Offer Within Authority

If the settlement offer is within the authority of the U.S. Attorney (see USAM 5-15.630) and he/she and the representative of the acquiring agency both believe that it should be accepted, the U.S. Attorney should:

  1. Draft and have executed a stipulation between the United States and the defendants in question (see ENRD Resource Manual at 34). The stipulated amount should be inclusive of interest;

  2. Have judgment entered on the stipulation (ENRD Manual at 43). The judgment should provide for a setoff against the agreed compensation for any improvements or timber removed from the premises under agreement with the former owner. If no deficiency deposit will be required, the judgment should be prepared in seven copies: two for the Department (one certified and one plain), one for the U.S. Attorney's Office, one for the acquiring agency, one for the defendant, and the original and one copy for filing;

  3. If a deficiency deposit is required, request a check for such deficiency from the District or Division Engineer in Army, Air Force, AEC or NASA cases, the district Public Works Officer or the Regional Office of the Bureau of Yards and Docks in Navy cases, the Regional Commissioner in General Services Administration cases and the local representative in Department of the Interior cases. A copy of the request together with two copies of the judgment should be submitted to the Department. The request is made through the Department in cases instituted on behalf of other agencies. For number of copies to be forwarded, see the ENRD Resource Manual at 15;

  4. Submit a prompt report of the settlement to the Department by letter;

  5. The judgment (see ENRD Resource Manual at 43) fixing compensation should direct that distribution be made of the award; if it does not, prepare a motion and order for distribution (see ENRD Resource Manual at 33 and 41);

  6. If no declaration of taking has been filed a final judgment should be entered after the judgment fixing compensation has been satisfied by payment, reciting that fact and vesting title in the United States. If a declaration of taking has been filed, the judgment should confirm title in the United States; and

  7. Send the Department one certified and one uncertified copy of the stipulation (see a href="env00034.htm#34">ENRD Resource ) and judgment (ENRD Resource Manual at 43) thereon (send additional copies of the judgment, as specified at the ENRD Resource Manual at 15) together with all title evidence, the certificate of inspection and possession (see ENRD Resource Manual at 47), and the receipt of the clerk, in duplicate. If a final judgment has been entered, as indicated in F above, one certified and one plain copy should be furnished the Department.

[cited in USAM 5-15.620]