Subject to the provisions of JM 5-1.310, United States Attorneys are hereby authorized to act in the following matters in coordination with the Natural Resources Section, in response to service on the United States, without assignment of the case from the Environment and Natural Resources Division:

1. A. Actions to recover possession of, or quiet title to, property from tenants, squatters, trespassers, or others, and actions to enjoin trespass;
2. B. Actions to recover damages resulting from trespass when the amount of the claim for actual damage based upon an innocent trespass does not exceed $2 million, and actions to recover amounts exceeding $2 million
   1. 1. if the actual damages are $2 million or less and applicable state law permits the recovery of multiple damages (e.g., double or treble) for either a willful or innocent trespass; or
   2. 2. if the actual damages are $2 million or less, but the action is for conversion to obtain recovery of the enhanced value of property severed and removed in the trespass;

1. C. Actions to collect delinquent rentals or damages of not more than $2 million for use and occupancy;
2. D. Actions to collect costs of forest fire suppression and other damages resulting from such fires;
3. E. Actions to collect delinquent operation and maintenance charges of not more than $2 million accruing on Indian irrigation projects and federal reclamation projects;
4. F. Actions to collect loans of money or livestock made by the United States to individual Indians without limitation on amount, including loans made by Indian tribal organizations to individual Indians if the loan agreements, notes or securities have been assigned by the tribal organizations to the United States; and
5. G. Actions in which the United States is named as a party pursuant to 28 U.S.C. §§ 2410(a)(3), (4) (i.e., actions to partition or condemn property on which the United States has a lien).

See ENRD Directive No. 2024-02.

[Updated August 2024]