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B-202732 1 (1981-07-30)

handle is hein.gao/gaobacuvw0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 OFFIcs OF GENERAL COUNSEL B-202732 July ?0, 1981 The Honorable M. Karl Shurtliff United States Attorney Federal Building - Room 693 Box 037, 550 W. Fort Street Boise, Idaho 83724 Attention: Deborah Bail, Assistant U.S. Attorney Dear Mr. Shurtliff: Subject: LId aho v. United States Civ. 81-1046 (D. Idaho, February 3, 1981). By letter of February 13, 1981 (file reference JA;rb 157-22-330), the Justice Department requested the Air Force to prepare a litigation report in the above-entitled case. Soon thereafter the Air Force for- warded the matter to this Office, suggesting that we prepare the report since (1) the action forming the basis of the complaint was our with- holding of funds and (2) after referring Idaho's claim to us for settlement in January 1979, it considered the case closed, and, as required by its administrative regulations, had disposed of its file. Copies of relevant materials from our file are enclosed. The amount in question, $6,025.22, represents the amount in excess of $25,000 of an award of $31,025.22 made by the Air Force to Idaho in January 1979 under the Military Claims Act, 10 U.S.C. § 2733, for damages to Idaho school endowment lands caused by Air Force Aerial gunnery activities which caused a fire. (This is referred to in the enclosed file materials as The Brown's Creek Fire.) Payments of claims under that Act from agency appropriated funds are limited to $25,000, with any excess being paid pursuant to 31 U.S.C. § 724(a), the permanent indefinite appropriation for the payment of judgments and certain awards and compromise settlements against the United States. The Air Force thus referred the settlement to the GAO, for payment of the balance due to Idaho. The claimed amount was not paid to Idaho but instead was withheld by our Office in partial liquidation of a debt asserted against Idaho by the Department of Interior's Bureau of Land Management (BLM) for costs incurred by the Government in fighting an earlier, unrelated fire on Idaho land. It was referred to our Claims Division in June 1976 as an uncollectible debt.

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