Forest Service employees are entitled to file claims for loss of or damage to personal property occurring in the line of duty, under authority of the Military Personnel and Civilian Employees (MP&CE) Claims Act of 1964, as amended (31 U.S.C. 3721). The Chief has the delegated authority to determine these claims, and has redelegated this authority to name-specified Designated Approving Officials.

The MP&CE Claims Act and Departmental Regulation 2510-1 (January 25, 1995) require that the loss of or damage to an employee’s personal property must have occurred "incident to the employee’s service" (in the line of duty), and possession of the property must have been "reasonable, useful, or proper under the circumstances."

The enclosed list, "Items Required, Permitted, Or Not Recommended For Employee Possession. In Emergency Response Incidents," has been developed and approved for the use of Claims Specialists and Designated Approving Officials when adjudicating employee claims. This listing will also be included in the Claims and Debt Management Handbook (FSH 6509.11k, chapter 40, exhibit 2) scheduled to be published this year.

This letter and enclosure supersede the July 23, 1996, guidance (6570/5100 - "Employee Claims in Emergency Situations") signed by Luther Burse, Acting for Deputy Chief for Administration Kathleen Connelly. Please ensure that all employees have access to this list for their information and use.

You may contact Janet Arling, Claims and Debt Management Branch, on (304) 636-1800, extention 208, or (703) 605-4748, if you have questions.

Enclosure

cc:

OF-FIN: Janet Arling

OF-FIN: Helen Allasia

OF-FIN: Virginia Heerwagen

BUSOPS-AQM: Robbie Chrishon

OF-FIN: Bill Ensign

SPF-FAM: Jerry Williams

SPF-FAM: Tom Harbour

SPF-FAM-NIFC: Dennis Pendleton

SPF-FAM-NIFC: Tory Majors

SPF-FAM-NIFC: Sandra Tripp

ITEMS REQUIRED, PERMITTED, OR NOT RECOMMENDED FOR EMPLOYEE POSSESSION IN EMERGENCY RESPONSE INCIDENTS

Employees are required to substantiate amounts claimed with written evidence of original purchase or replacement value, such as copies of receipts, estimates of repair, pages from catalogues, sales circulars, or statements from salespeople for stores selling the same or comparable items. Items may be depreciated according to Agency regulations.

1/ For reimbursement purposes, this column indicates whether personal property items are required (for safety reasons), permitted, or not recommended for employees to take on emergency assignments.

2/ Maximum Allowable Amount is the maximum amount that will be reimbursed per item lost or damaged; the amount allowable may be depreciated according to the MPCE Claims Act and agency regulations, or appreciated as appropriate (as determined by the Claims Specialist and Designated Approving Official).

3/ The maximum number of each item that will be reimbursed for each loss or damage incident. (This may be adjusted at the discretion of the Claims Specialist and Designated Approving Official).

4/ DRV means the Documented Replacement Value.

5/ DDRV means the Depreciated Documented Replacement Value.

6/ Articles that are not recommended (for doing the job) are taken at personal risk, and any loss, over $100, is a personal loss. Employees using personal property for official business must have a prior written agreement with their official supervisor or an appropriate incident management official, or a contract or lease with the Agency for such use. (Verbal authorization is not sufficient.) Otherwise, reimbursement of a claim for damage or loss of such items will be limited, under the MP&CE Claims Act authority, to a maximum of $100.