Except with respect to direct referral cases , any offer to settle or dismiss an action shall be transmitted to the Chief of the Natural Resources Section for referral to the Assistant Attorney General or for such other action as may be directed by regulation. Such offers should be accompanied by the written comments and recommendation of the referring agency and the United States Attorney. In emergency situations, such as with settlement offers received during trial, settlement offers dealing exclusively with monetary damages or penalties may be communicated to the Chief of the Natural Resources Section by telephone.

The recommendation should be guided by the principles that compromise offers cannot be accepted unless (a) there is doubt as to whether a more favorable judgment can be secured and collected or (b) because the probable cost of collection exceeds the difference between the amount offered and the amount recoverable.

[Updated April 2018]