B-159216, MAY 27, 1966

B-159216, MAY 27, 1966

TO ROBERTA PUSCHEL:

YOUR LETTER OF APRIL 28, 1966, TO THE PRESIDENT OF THE UNITED STATES, IN EFFECT, REQUESTS RECONSIDERATION OF THE ACTIONS OF THE GENERAL ACCOUNTING OFFICE IN BARRING YOUR CLAIM FOR REPLACEMENT COSTS FOR CERTAIN FENCING ON YOUR PROPERTY WHICH ALLEGEDLY WAS TORN DOWN BY THE SOIL CONSERVATION SERVICE IN 1933.

YOUR LETTERS TO THE PRESIDENT INVOLVING THIS MATTER HAVE BEEN FORWARDED TO THE GENERAL ACCOUNTING OFFICE AS IT IS ONE OF THE FUNCTIONS OF OUR OFFICE TO SETTLE AND ADJUST CLAIMS AGAINST THE UNITED STATES. PREVIOUSLY ADVISED, THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 237, BARS ALL CLAIMS NOT RECEIVED IN OUR OFFICE WITHIN TEN YEARS FROM THE TIME THEY ACCRUE. SPECIFICALLY, THE CITED LAW PROVIDES IN PART:

"EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE * * * SHALL BE FOREVER BARRED UNLESS SUCH CLAIM * * * SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.'

IN YOUR LETTER OF APRIL 28 YOU STATE THAT TEN FULL YEARS HAD NOT ELAPSED WHEN YOU STARTED REPORTING YOUR CLAIM BUT THAT IT HAS TAKEN YOU UNTIL NOW TO FIND THE PROPER OFFICE TO CONSIDER THE MATTER.

AS CAN BE SEEN FROM THE ABOVE-QUOTED LANGUAGE, CLAIMS MUST BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN YEARS FROM THE TIME THEY ACCRUE OR BE FOREVER BARRED. THE FACT THAT YOU MAY HAVE REPORTED YOUR CLAIM ELSEWHERE WITHIN TEN YEARS FROM THE TIME IT AROSE DOES NOT TOLL THE RUNNING OF THE TEN YEAR PERIOD. ACCORDINGLY, YOUR 1933 CLAIM WHICH WAS FIRST RECEIVED HERE ON DECEMBER 22, 1965, IS BARRED AND THE LANGUAGE OF 31 U.S.C. 237 QUOTED HEREIN PRECLUDES FURTHER CONSIDERATION OF THE MATTER BY THE GENERAL ACCOUNTING OFFICE.