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B-276561 1 (1997-09-30)

handle is hein.gao/gaobablso0001 and id is 1 raw text is: 




GAO            United States
               General Accounting Office
               Washington, D.C. 20548

               Office of the General Counsel



               B-276561


               September 30, 1997

               The Honorable Carolyn B. Maloney
               House of Representatives


               Dear Ms. Maloney:

               Your letter of March 12, 1997, asked for our views about the authority of the
               Department of the Interior's Minerals Management Service (MMS) to settle certain
               disputes over royalties owed under federal leases. Specifically, you were concerned
               whether MMS settlement agreements with Exxon Company U.S.A. and Chevron
               U.S.A. Inc. in 1993 and 1994 complied with the requirement under 31 U.S.C. § 3711
               for Department of Justice approval of agency compromise of claims of the
               Government exceeding $100,000.

               Under 31 U.S.C. § 3711(a)(2), agencies have authority to compromise debt claims
               where the principal amount does not exceed $100,000, or such higher amount as the
               Attorney General may from time to time prescribe. If the principal amount of the
               debt exceeds $100,000, only the Department of Justice has the authority to
               compromise.1 You asked that we determine, based on the two settlement
               agreements, whether the agreements should have been approved by the Department
               of Justice. It is our view that the 1993 MMS settlement with Exxon should have
               been submitted to the Department of Justice for approval to the extent it
               compromised individual claims over $100,000. The Department of Justice was a
               party to the 1994 Chevron settlement agreement, which was approved by an
               Associate Attorney General.








               1Several agencies have their own agency-specific or program-specific compromise
               authority. See, for example, 62 Comp. Gen. 489 (1983) (Economic Development
               Administration); 28 Comp. Gen. 638 (1949) (insured mortgage claims by predecessor
               of Department of Housing and Urban Development).


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