§ 2415. — Time for commencing actions brought by the United States.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC2415]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 161--UNITED STATES AS PARTY GENERALLY
Sec. 2415. Time for commencing actions brought by the United
States
(a) Subject to the provisions of section 2416 of this title, and
except as otherwise provided by Congress, every action for money damages
brought by the United States or an officer or agency thereof which is
founded upon any contract express or implied in law or fact, shall be
barred unless the complaint is filed within six years after the right of
action accrues or within one year after final decisions have been
rendered in applicable administrative proceedings required by contract
or by law, whichever is later: Provided, That in the event of later
partial payment or written acknowledgment of debt, the right of action
shall be deemed to accrue again at the time of each such payment or
acknowledgment: Provided further, That an action for money damages
brought by the United States for or on behalf of a recognized tribe,
band or group of American Indians shall not be barred unless the
complaint is filed more than six years and ninety days after the right
of action accrued: Provided further, That an action for money damages
which accrued on the date of enactment of this Act in accordance with
subsection (g) brought by the United States for or on behalf of a
recognized tribe, band, or group of American Indians, or on behalf of an
individual Indian whose land is held in trust or restricted status,
shall not be barred unless the complaint is filed sixty days after the
date of publication of the list required by section 4(c) of the Indian
Claims Limitation Act of 1982: Provided, That, for those claims that are
on either of the two lists published pursuant to the Indian Claims
Limitation Act of 1982, any right of action shall be barred unless the
complaint is filed within (1) one year after the Secretary of the
Interior has published in the Federal Register a notice rejecting such
claim or (2) three years after the date the Secretary of the Interior
has submitted legislation or legislative report to Congress to resolve
such claim or more than two years after a final decision has been
rendered in applicable administrative proceedings required by contract
or by law, whichever is later.
(b) Subject to the provisions of section 2416 of this title, and
except as otherwise provided by Congress, every action for money damages
brought by the United States or an officer or agency thereof which is
founded upon a tort shall be barred unless the complaint is filed within
three years after the right of action first accrues: Provided, That an
action to recover damages resulting from a trespass on lands of the
United States; an action to recover damages resulting from fire to such
lands; an action to recover for diversion of money paid under a grant
program; and an action for conversion of property of the United States
may be brought within six years after the right of action accrues,
except that such actions for or on behalf of a recognized tribe, band or
group of American Indians, including actions relating to allotted trust
or restricted Indian lands, may be brought within six years and ninety
days after the right of action accrues, except that such actions for or
on behalf of a recognized tribe, band, or group of American Indians,
including actions relating to allotted trust or restricted Indian lands,
or on behalf of an individual Indian whose land is held in trust or
restricted status which accrued on the date of enactment of this Act in
accordance with subsection (g) may be brought on or before sixty days
after the date of the publication of the list required by section 4(c)
of the Indian Claims Limitation Act of 1982: Provided, That, for those
claims that are on either of the two lists published pursuant to the
Indian Claims Limitation Act of 1982, any right of action shall be
barred unless the complaint is filed within (1) one year after the
Secretary of the Interior has published in the Federal Register a notice
rejecting such claim or (2) three years after the Secretary of the
Interior has submitted legislation or legislative report to Congress to
resolve such claim.
(c) Nothing herein shall be deemed to limit the time for bringing an
action to establish the title to, or right of possession of, real or
personal property.
(d) Subject to the provisions of section 2416 of this title and
except as otherwise provided by Congress, every action for the recovery
of money erroneously paid to or on behalf of any civilian employee of
any agency of the United States or to or on behalf of any member or
dependent of any member of the uniformed services of the United States,
incident to the employment or services of such employee or member, shall
be barred unless the complaint is filed within six years after the right
of action accrues: Provided, That in the event of later partial payment
or written acknowledgment of debt, the right of action shall be deemed
to accrue again at the time of each such payment or acknowledgment.
(e) In the event that any action to which this section applies is
timely brought and is thereafter dismissed without prejudice, the action
may be recommenced within one year after such dismissal, regardless of
whether the action would otherwise then be barred by this section. In
any action so recommenced the defendant shall not be barred from
interposing any claim which would not have been barred in the original
action.
(f) The provisions of this section shall not prevent the assertion,
in an action against the United States or an officer or agency thereof,
of any claim of the United States or an officer or agency thereof
against an opposing party, a co-party, or a third party that arises out
of the transaction or occurrence that is the subject matter of the
opposing party's claim. A claim of the United States or an officer or
agency thereof that does not arise out of the transaction or occurrence
that is the subject matter of the opposing party's claim may, if time-
barred, be asserted only by way of offset and may be allowed in an
amount not to exceed the amount of the opposing party's recovery.
(g) Any right of action subject to the provisions of this section
which accrued prior to the date of enactment of this Act shall, for
purposes of this section, be deemed to have accrued on the date of
enactment of this Act.
(h) Nothing in this Act shall apply to actions brought under the
Internal Revenue Code or incidental to the collection of taxes imposed
by the United States.
(i) The provisions of this section shall not prevent the United
States or an officer or agency thereof from collecting any claim of the
United States by means of administrative offset, in accordance with
section 3716 of title 31.
(Added Pub. L. 89-505, Sec. 1, July 18, 1966, 80 Stat. 304; amended Pub.
L. 92-353, July 18, 1972, 86 Stat. 499; Pub. L. 92-485, Oct. 13, 1972,
86 Stat. 803; Pub. L. 95-64, July 11, 1977, 91 Stat. 268; Pub. L. 95-
103, Aug. 15, 1977, 91 Stat. 842; Pub. L. 96-217, Sec. 1, Mar. 27, 1980,
94 Stat. 126; Pub. L. 97-365, Sec. 9, Oct. 25, 1982, 96 Stat. 1754; Pub.
L. 97-394, title I, Sec. 2, Dec. 30, 1982, 96 Stat. 1976; Pub. L. 97-
452, Sec. 2(d)(2), Jan. 12, 1983, 96 Stat. 2478; Pub. L. 98-250,
Sec. 4(a), Apr. 3, 1984, 98 Stat. 118.)
References in Text
The date of enactment of this Act, referred to in subsecs. (a), (b),
and (g), means the date of enactment of Pub. L. 89-505, which was
approved July 18, 1966.
The Indian Claims Limitation Act of 1982, referred to in subsecs.
(a) and (b), is Pub. L. 97-394, title I, Secs. 2-6, Dec. 30, 1982, 96
Stat. 1976-1978, which amended this section and enacted provisions set
out as notes below. For complete classification of this Act to the Code,
see Short Title of 1982 Amendment note set out below and Tables.
This Act, referred to in subsec. (h), probably means Pub. L. 89-505,
July 18, 1966, 80 Stat. 304, which enacted this section and section 2416
of this title. For complete classification of this Act to the Code, see
Tables.
Amendments
1984--Subsecs. (a), (b). Pub. L. 98-250 substituted ``Indian Claims
Limitation Act of 1982'' for ``Indian Claims Act of 1982'' wherever
appearing.
1983--Subsec. (i). Pub. L. 97-452 substituted ``section 3716 of
title 31'' for ``section 5 of the Federal Claims Collection Act of
1966''.
1982--Subsec. (a). Pub. L. 97-394, Sec. 2(a), substituted ``sixty
days after the date of publication of the list required by section 4(c)
of the Indian Claims Act of 1982: Provided, That, for those claims that
are on either of the two lists published pursuant to the Indian Claims
Act of 1982, any right of action shall be barred unless the complaint is
filed within (1) one year after the Secretary of the Interior has
published in the Federal Register a notice rejecting such claim or (2)
three years after the date the Secretary of the Interior has submitted
legislation or legislative report to Congress to resolve such claim''
for ``after December 31, 1982'' in third proviso.
Subsec. (b). Pub. L. 97-394, Sec. 2(b), substituted ``sixty days
after the date of the publication of the list required by section 4(c)
of the Indian Claims Act of 1982: Provided, That, for those claims that
are on either of the two lists published pursuant to the Indian Claims
Act of 1982, any right of action shall be barred unless the complaint is
filed within (1) one year after the Secretary of the Interior has
published in the Federal Register a notice rejecting such claim or (2)
three years after the Secretary of the Interior has submitted
legislation or legislative report to Congress to resolve such claim''
for ``December 31, 1982'' at end of proviso.
Subsec. (i). Pub. L. 97-365 added subsec. (i).
1980--Subsec. (a). Pub. L. 96-217, Sec. 1(a), substituted ``December
31, 1982'' for ``April 30, 1980''.
Subsec. (b). Pub. L. 96-217, Sec. 1(b), substituted ``December 31,
1982'' for ``April 1, 1980''.
1977--Subsec. (a). Pub. L. 95-103, Sec. 1(a), substituted ``after
April 1, 1980'' for ``after August 18, 1977''.
Pub. L. 95-64, Sec. 1(a), substituted ``unless the complaint is
filed after August 18, 1977'' for ``unless the complaint is filed more
than eleven years after the right of action accrued'' in proviso
covering actions for money damages brought by the United States for or
on behalf of a recognized tribe, band, or group of American Indians, or
on behalf of an individual Indian whose land is held in trust or
restricted status based upon rights of action which accrued on July 18,
1966, in accordance with subsec. (g).
Subsec. (b). Pub. L. 95-103, Sec. 1(b), substituted ``on or before
April 1, 1980'' for ``on or before August 18, 1977''.
Pub. L. 95-64, Sec. 1(b), substituted ``may be brought on or before
August 18, 1977'' for ``may be brought within eleven years after the
right of action accrues'' in proviso covering actions for or on behalf
of recognized tribes, bands, or groups of American Indians, including
actions related to allotted trust or restricted Indian lands, or on
behalf of an individual Indian whose land is held in trust or restricted
status based upon rights of action which accrued on July 18, 1966, in
accordance with subsec. (g).
1972--Subsec. (a). Pub. L. 92-485, Sec. 1(a), inserted proviso
relating to actions for money damages brought by the United States for
or on behalf of a recognized tribe, band, or group of American Indians,
or on behalf of an individual Indian whose land is held in trust or
restricted status.
Pub. L. 92-353, Sec. 1(a), inserted proviso that an action for money
damages brought by the United States on behalf of American Indians shall
not be barred unless the complaint is filed more than six years and
ninety days after the right of action accrued.
Subsec. (b). Pub. L. 92-485, Sec. 1(b), inserted exception relating
to actions for or on behalf of a recognized tribe, band, or group of
American Indians, including actions relating to allotted trust or
restricted Indian lands, or on behalf of an individual Indian whose land
is held in trust or restricted status.
Pub. L. 92-353, Sec. 1(b), increased the period of limitation to six
years and ninety days for actions brought by the United States under the
subsection for or on behalf of American Indians.
Short Title of 1982 Amendment
Section 1 of Pub. L. 97-394, as amended by Pub. L. 98-250,
Sec. 4(b), Apr. 3, 1984, 98 Stat. 119, provided that: ``Sections 2
through 6 of this Act [amending this section and enacting provisions set
out below] may be cited as the `Indian Claims Limitation Act of 1982'.''
Publication of List of Indian Claims; Additional Claims; Time To
Commence Action; Rejection of Claims; Claims Resolved By Legislation
Sections 3 to 6 of Pub. L. 97-394 provided that:
``Sec. 3. (a) Within ninety days after the enactment of this Act
[Dec. 30, 1982], the Secretary of the Interior (hereinafter referred to
as the `Secretary') shall publish in the Federal Register a list of all
claims accruing to any tribe, band or group of Indians or individual
Indian on or before July 18, 1966, which have at any time been
identified by or submitted to the Secretary under the `Statute of
Limitation Project' undertaken by the Department of the Interior and
which, but for the provisions of this Act [see Short Title of 1982
Amendment note above], would be barred by the provisions of section 2415
of title 28, United States Code: Provided, That the Secretary shall have
the discretion to exclude from such list any matter which was
erroneously identified as a claim and which has no legal merit
whatsoever.
``(b) Such list shall group the claims on a reservation-by-
reservation, tribe-by-tribe, or State-by-State basis, as appropriate,
and shall state the nature and geographic location of each claim and
only such other additional information as may be needed to identify
specifically such claims.
``(c) Within thirty days after the publication of this list, the
Secretary shall provide a copy of the Indian Claims Limitation Act of
1982 [see Short Title of 1982 Amendment note above] and a copy of the
Federal Register containing this list, or such parts as may be
pertinent, to each Indian tribe, band or group whose rights or the
rights of whose members could be affected by the provisions of section
2415 of title 28, United States Code.
``Sec. 4. (a) Any tribe, band or group of Indians or any individual
Indian shall have one hundred and eighty days after the date of the
publication in the Federal Register of the list provided for in section
3 of this Act to submit to the Secretary any additional specific claim
or claims which such tribe, band or group of Indians or individual
Indian believes may be affected by section 2415 of title 28, United
States Code, and desires to have considered for litigation or
legislation by the United States.
``(b) Any such claim submitted to the Secretary shall be accompanied
by a statement identifying the nature of the claim, the date when the
right of action allegedly accrued, the names of the potential plaintiffs
and defendants, if known, and such other information needed to identify
and evaluate such claim.
``(c) Not more than thirty days after the expiration of the one
hundred and eighty day period provided for in subsection (a) of this
section, the Secretary shall publish in the Federal Register a list
containing the additional claims submitted during such period: Provided,
That the Secretary shall have the discretion to exclude from such list
any matter which has not been sufficiently identified as a claim.
``Sec. 5. (a) Any right of action shall be barred sixty days after
the date of the publication of the list required by section 4(c) of this
Act for those pre-1966 claims which, but for the provisions of this Act
[see Short Title of 1982 Amendment note above], would have been barred
by section 2415 of title 28, United States Code, unless such claims are
included on either of the lists required by section 3 or 4(c) of this
Act.
``(b) If the Secretary decides to reject for litigation any of the
claims or groups or categories of claims contained on either of the
lists required by section 3 or 4(c) of this Act, he shall send a report
to the appropriate tribe, band, or group of Indians, whose rights or the
rights of whose members could be affected by such rejection, advising
them of his decision. The report shall identify the nature and
geographic location of each rejected claim and the name of the potential
plaintiffs and defendants if they are known or can be reasonably
ascertained and shall, briefly, state the reasons why such claim or
claims were rejected for litigation. Where the Secretary knows or can
reasonably ascertain the identity of any of the potential individual
Indian plaintiffs and their present addresses, he shall provide them
with written notice of such rejection. Upon the request of any Indian
claimant, the Secretary shall, without undue delay, provide to such
claimant any nonprivileged research materials or evidence gathered by
the United States in the documentation of such claim.
``(c) The Secretary, as soon as possible after providing the report
required by subsection (b) of this section, shall publish a notice in
the Federal Register identifying the claims covered in such report. With
respect to any claim covered by such report, any right of action shall
be barred unless the complaint is filed within one year after the date
of publication in the Federal Register.
``Sec. 6. (a) If the Secretary determines that any claim or claims
contained in either of the lists as provided in sections 3 or 4(c) of
this Act is not appropriate for litigation, but determines that such
claims may be appropriately resolved by legislation, he shall submit to
the Congress legislation to resolve such claims or shall submit to
Congress a report setting out options for legislative resolution of such
claims.
``(b) Any right of action on claims covered by such legislation or
report shall be barred unless the complaint is filed within 3 years
after the date of submission of such legislation or legislative report
to Congress.''
Legislative Proposals Respecting Appropriateness of Resolution by
Litigation of Unresolved Indian Claims
Section 2 of Pub. L. 96-217 provided that: ``Not later than June 30,
1981, the Secretary of the Interior, after consultation with the
Attorney General, shall submit to the Congress legislative proposals to
resolve those Indian claims subject to the amendments made by the first
section of this Act [amending this section] that the Secretary of the
Interior or the Attorney General believes are not appropriate to resolve
by litigation.''
Section Referred to in Other Sections
This section is referred to in section 2416 of this title; title 30
section 1724.
