The words "may bar it from receiving" are substituted for the words "is authorized to debar such State, Territory, or the District of Columbia from further participation in any and all". In subsection (f), the words "Instead of the procedure prescribed by subsections (b)-(d)" are substituted for the words "and to constitute as to such property a discretional substitute for the examination, report, and disposition provided for elsewhere in this section". words "a finding of unserviceability because of that wear and tear" are substituted for the words "finding to that effect". AMENDMENTS The 1958-Subsec. (c). Pub. L. 85-861 substituted "of further" for "or further". EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section by Pub. L. 85-861 effective Aug. 10, 1956, see note set out under section 101 of Title 10, Armed Forces. § 711. Disposition of obsolete or condemned property. Each State and Territory, Puerto Rico, the Canal Zone, and the District of Columbia shall, upon receiving new property issued to its National Guard to replace obsolete or condemned issues of property, return the replaced property to the Department of the Army or the Department of the Air Force, as the case may be, or otherwise dispose of it, as the Secretary concerned directs. No money credit may be allowed for property disposed of under this section. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 616.) The words "to its National Guard" are inserted for clarity. The word "it" is substituted for the words "all property so replaced or condemned". The last sentence is substituted for 32: 46 (last 8 words). § 712. Disposition of proceeds of condemned stores issued to National Guard. The following shall be covered into the Treasury: (1) The proceeds from sales of condemned stores issued to the National Guard of a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia, and not charged against its allotment. (2) The net proceeds from collections made from any person to reimburse the United States for the loss or destruction of, or damage to, property described in clause (1). (3) Stoppage against members of the National Guard for the loss or destruction of, or damage to, property described in clause (1). (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 616.) The word "Hereafter" is omitted as executed. The words "and the Air National Guard" are omitted, since "National Guard", as defined in section 101 (2) of this title, includes the Army National Guard and the Air National Guard. The words "Federal service" are substituted for the words "active service of the United States". The words "mailing of official matter" are substituted for the words "transmission of official mail matter". § 714. Final settlement of accounts: deceased members. (a) In the settlement of the accounts of a member of the National Guard who dies after December 31, 1955, an amount due from the armed force of which he was a member shall be paid to the person highest on the following list living on the date of death: (1) Beneficiary designated by him in writing to receive such an amount, if the designation is received, before the deceased member's death, at the place named in regulations to be prescribed by the Secretary concerned. (2) Surviving spouse. (3) Children and their descendants, by representation. (4) Father and mother in equal parts or, if either is dead, the survivor. (5) Legal representative. (6) Person entitled under the law of the domicile of the deceased member. (b) Designations and changes of designation of beneficiaries under subsection (a) (1) are subject to regulations to be prescribed by the Secretary concerned. So far as practicable, these regulations shall be uniform with those prescribed for the armed forces under section 2771 (b) of Title 10. (c) Under such regulations as the Comptroller General may prescribe, payments under subsection (a) shall be made by the Department of the Army or the Department of the Air Force, as the case may be. Payment under clause (6) of subsection (a) shall be made (1) upon settlement by the General Accounting Office; or (2) as otherwise authorized by the Comptroller General. (d) A payment under this section bars recovery by any other person of the amount paid. (Added Pub. L. 85-861, § 2(12), Sept. 2, 1958, 72 Stat. 1546, and amended Pub. L. 87-46, June 16, 1961, 75 Stat. 92.) In subsection (a), the definition of the term "Department", in 37: 361, is omitted as unnecessary, since the particular departments referred to are spelled out in the revised text. The definition of the term "uniformed services", in 37: 361, is omitted as covered by the word "member" in this revised section. Clauses (1)-(6) are substituted for the last 5 clauses of 37: 362. The words "regulations to be prescribed by the Secretary concerned" are substituted for the words "regulations of the Department concerned", since the "Department", as such, cannot issue regulations. AMENDMENTS 1961-Subsec. (c). Pub. L. 87-46 substituted "Payment under clause (6) of subsection (a) shall be made"(1) upon settlement by the General Accounting ofAce; or "(2) as otherwise authorized by the Comptroller General" for "Payments under clauses (2)-(6) of subsection (a) may be paid only after settlement by the General Accounting Office." DESIGNATION OF BENEFICIARY MADE BEFORE JAN. 1, 1956 Designation of beneficiary made before Jan. 1, 1956, considered as the designation of a beneficiary for the purposes of this section, see note set out under section 2771 of Title 10, Armed Forces. § 715. Property loss; personal injury or death: activities under certain sections of this title. (a) Under such regulations as the Secretary of the Army or Secretary of the Air Force may prescribe, he or, subject to appeal to him, the Judge Advocate General of the armed force under his jurisdiction, if designated by him, may settle, and pay in an amount not more than $15,000 a claim against the United States for (1) damage to, or loss of, real property, including damage or loss incident to use and occupancy; (2) damage to, or loss of, personal property, including property bailed to the United States or the National Guard and including registered or insured mail damaged, lost, or destroyed by a criminal act while in the possession of the National Guard; or (3) personal injury or death; either caused by a member of the Army National Guard or the Air National Guard, as the case may be, while engaged in training or duty under section 316, 502, 503, 504, or 505 of this title or any other provision of law for which he is entitled to pay under section 206 of title 37, or for which he has waived that pay, and acting within the scope of his employment; or otherwise incident to noncombat activities of the Army National Guard or the Air National Guard, as the case may be, under one of those sections. (b) A claim may be allowed under subsection (a) only if (1) it is presented in writing within two years after it accrues, except that if the claim accrues in time of war or armed conflict or if such a war or armed conflict intervenes within two years after it accrues, and if good cause is shown, the claim may be presented not later than two years after the war or armed conflict is terminated; (2) it is not covered by section 2734 of title 10 or section 2672 of title 28; (3) it is not for personal injury or death of such a member or a person employed under section 709 of this title, whose injury or death is incident to his service; (4) the damage to, or loss of, property, or the personal injury or death, was not caused wholly or partly by a negligent or wrongful act of the claimant, his agent, or his employee; and (5) it is substantiated as prescribed in regulations of the Secretary concerned. For the purposes of clause (1), the dates of the beginning and end of an armed conflict are the dates established by concurrent resolution of Congress or by a determination of the President. (c) Payment may not be made under this section for reimbursement for medical, hospital, or burial services furnished at the expense of the United States or of any State or the District of Columbia or Puerto Rico. (d) If the Secretary of the military department concerned considers that a claim in excess of $15,000 is meritorious and would otherwise be covered by this section, he may pay the claimant $15,000 and report the excess to Congress for its consideration. (e) Except as provided in subsection (d), no claim may be paid under this section unless the amount tendered is accepted by the claimant in full satisfaction. (f) In any case where the amount to be paid is not more than $2,500, the authority contained in subsection (a) may be delegated to any officer of the Army or the Air Force, as the case may be, who has been delegated authority under section 2733 (g) of title 10, to settle similar claims, subject to appeal to the Secretary concerned, or his designee for that purpose. (g) Notwithstanding any other provision of law, the settlement of a claim under this section is final and conclusive. (h) In this section, "settle" means consider, ascertain, adjust, determine, and dispose of a claim, whether by full or partial allowance or disallowance. (Added Pub. L. 86-740, § 1(1), Sept. 13, 1960, 74 Stat. 878, and amended Pub. L. 87-649, § 8(b), Sept. 7, 1962, 76 Stat. 495; Pub. L. 90-486, § 2(3), Aug. 13, 1968, 82 Stat. 756; Pub. L. 90-525, § 6, Sept. 26, 1968, 82 Stat. 878; Pub. L. 91-312, § 3, July 8, 1970, 84 Stat. 412.) AMENDMENTS 1970 Subsec. (a). Pub. L. 91-312, § 3(a), substituted "$15,000" for "$5,000". Subsec. (d). Pub. L. 91-312, § 3(b), substituted "$15,000" for "$5,000". 1968 Subsec. (a). Pub. L. 90-486 struck out "caused by a person employed under section 709 of this title acting within the scope of his employment;" following "acting within the scope of his employment;". Subsec. (f). Pub. L. 90-525 increased the limitation on amount of settlement from $1,000 to $2,500 and provided for appeals to Secretary concerned, or his designee, from determinations delegating authority to settle claims to an officer of the Army or the Air Force. 1962 Subsec. (a). Pub. L. 87-649 substituted "section 206 of title 37" for "section 301 of title 37” în cl. (3). EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-486 effective Jan. 1, 1968, except that no deductions or withholding from salary which result therefrom shall commence before the first day of the first pay period that begins on or after Jan. 1, 1968, see section 11 of Pub. L. 90-486, set out as a note under section 709 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Amendment of section by Pub. L. 87-649 effective on Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. SAVINGS PROVISIONS FOR CLAIMS ARISING BEFORE JAN. 1, 1969 Settlement and payment of claims arising under this section before January 1, 1969, see section 3(a) of Pub. L. 90-486, set out as a note under section 709 of this title. SECTION REFERRED TO IN OTHER SECTIONS GENERAL PROVISIONS §1. Regulations by Secretary of the Army for navigation of waters generally. It shall be the duty of the Secretary of the Army to prescribe such regulations for the use, administration, and navigation of the navigable waters of the United States as in his judgment the public necessity may require for the protection of life and property, or of operations of the United States in channel improvement, covering all matters not specifically delegated by law to some other executive department. Such regulations shall be posted, in conspicuous and appropriate places, for the information of the public; and every person and every corporation which shall violate such regulations shall be deemed guilty of a misdemeanor and, on conviction thereof in any district court of the United States within whose territorial jurisdiction such offense may have been committed, shall be punished by a fine not exceeding $500, or by imprisonment (in the case of a natural person) not exceeding six months, in the discretion of the court. Any regulations prescribed by the Secretary of the Army in pursuance of this section may be enforced as provided in section 413 of this title, the provisions whereof are made applicable to the said regulations. (Aug. 18, 1894, ch. 299, § 4, 28 Stat. 362; June 13, 1902, ch. 1079, §§ 6, 11, 32 Stat. 374; Aug. 8, 1917, ch. 49, § 7, 40 Stat. 266.) CODIFICATION The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501. Section 205 (a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956 enacted "Title 10, Armed Forces", which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army. RULES AND REGULATIONS Administrative provisions covering the general duties and jurisdiction of the Coast Guard in the administration and enforcement of navigation and vessel inspection laws are set out in chapter I, subchapter A, part 2 of Title 33, Navigation and Navigable Waters, in the Code of Federal Regulations. Such part 2, consisting of sections 2.01-1 to 2.99-270, sets out the geographic outlines of the Coast Guard's jurisdiction and the navigable waters of the United States. CROSS REFERENCES Felony and misdemeanor defined, see section 1 of Title 18, Crimes and Criminal Procedure. § 2. Regulations for navigation of South and Southwest Passes of Mississippi River; penalties. The Secretary of the Army is authorized to make such rules and regulations for the navigation of the South and Southwest Passes of the Mississippi River as to him shall seem necessary or expedient for the purpose of preventing any obstruction to the channels through said South and Southwest Passes and any injury to the works therein constructed. The term "South and Southwest Passes", as employed in this section, shall be construed as embracing the entire extent of channel in each case, between the upper ends of the works at the head of the pass and the outer or sea ends of the jetties at the entrance from the Gulf of Mexico; and any willful violation of any rule or regulation made by the Secretary of the Army in pursuance of this section shall be deemed a misdemeanor, for which the owner or owners, agent or agents, master or pilot of the vessel so offending shall be separately or collectively responsible, and on conviction thereof shall be punished by a fine of not less than $100, nor exceeding $500, or by imprisonment for not exceeding three months, or by both fine and imprisonment, at the discretion of the court. (Mar. 3, 1909, ch. 264, § 5, 35 Stat. 818.) CODIFICATION The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501. Section 205 (a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces", which in sections 3011-3013 continued the military Department of the Army. CROSS REFERENCES Appropriations for examinations and surveys, see section 725a (b) (18) of Title 31, Money and Finance. Felony and misdemeanor defined, see section 1 of Title 18, Crimes and Criminal Procedure. § 3. Regulations to prevent injuries from target practice. Authority to adopt regulations.-In the interest of the national defense, and for the better protection of life and property on the navigable waters of the United States, the Secretary of the Army is authorized and empowered to prescribe such regulations as he may deem best for the use and navigation of any portion or area of the navigable waters of the United States or waters under the jurisdiction of the United States endangered or likely to be endangered by Artillery fire in target practice or otherwise, or by the proving operations of the Government ordnance proving grounds at Sandy Hook, New Jersey, or at any Government crdnance proving ground that may be established elsewhere on or near such waters, and of any portion or area of said waters occupied by submarine mines, mine fields, submarine cables, or other material and accessories pertaining to seacoast fortifications, or by any plant or facility engaged in the execution of any public project of river and harbor improvement; and the said Secretary shall have like power to regulate the transportation of explosives upon any of said waters: Provided, That the authority conferred shall be so exercised as not unreasonably to interfere with or restrict the food fishing industry, and the regulations prescribed in pursuance hereof shall provide for the use of such waters by food fishermen operating under permits granted by the Department of the Army. Detail of vessels to enforce regulations.-To enforce the regulations prescribed pursuant to this section, the Secretary of the Army, may detail any public vessel in the service of the Department of the Army, or, upon the request of the Secretary of the Army, the head of any other department may enforce, and the head of any such department is authorized to enforce, such regulations by means of any public vessel of such department. Posting and violation of regulations.-The regulations made by the Secretary of the Army pursuant to this section shall be posted in conspicuous and appropriate places, designated by him, for the in |