Page:United States Statutes at Large Volume 59 Part 1.djvu/601

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59 STAT.] 79TH CONG. , 1 ST SESS.-CH. 483-NOV. 15 , 1945 expiration of one year after the latter date: Provided further, That any such settlements made by such commissions shall be subject to such regulations as the Secretary of the Navy may prescribe and may, in cases where the amount exceeds $2,500 but does not exceed $5,000, be subject to the approval of such commanding or other officer of the Navy or Marine Corps forces, as the Secretary of the Navy may prescribe; and the Secretary of the Navy shall have authority, if he deems any claim in excess of $5,000, or any claims for death or personal injury to residents of Guam arising under the conditions herein set forth as a basis for property damage claims. to be meri- torious, to certify such amount as may be found to be just and rea- sonable thereon to Congress as a legal claim for payment out of appropriations that may be made by Congress therefor, together with a brief statement of the character of such claim, the amount claimed, and the amount allowed: Provided further, That no claim of any person who has voluntarily aided an enemy of the United States, or of any national of any country at war with the United States, or of any ally of such enemy country, except when the local military commander or his designee shall determine that such national was at the time of the damage or injury and still is friendly to the United States, shall be allowed under this Act: Provided further, That any such settlements made by such commissions under the authority of this Act shall be final and conclusive for all purposes, notwithstanding any other provision of law to the contrary. SEC. 2 . In the discretion of the Secretary of the Navy or his designees, settlements of claims under section 1 of this Act shall be made by reim- bursement in kind from available Government property stores and services and/or out of the appropriation current at the time of settle- ment, for "Pay and subsistence of naval personnel". SEC. 3. Insofar as the claims of residents of Guam arising in Guam are concerned, this Act is in lieu of all other provisions of law author- izing settlement of war-damage claims by the agencies of the United States Government, but shall otherwise be supplementary to, and not in lieu of, all other provisions of law authorizing consideration, ascer- tainment, adjustment, determination, or payment of claims by the Secretary of the Navy. SEC. 4 . Claims of the type described in section 1 hereof on account of damage to or loss or destruction of property, both real and personal, or personal injury or death of any person, caused by Coast Guard forces, or individual members, including military personnel and civilian employees thereof, or otherwise incident to activities of such forces, arising at any time while the Coast Guard shall be operating as a part of the Navy may be considered, ascertained, adjusted, deter- mined, and paid in the manner in this Act provided for the settlement of Navy and Marine Corps claims: Provided,That no claims on account of damage to or loss or destruction of property, or personal injury or death, caused by Coast Guard forces or individual members thereof, or otherwise incident to the activities of such forces, shall be con- sidered, ascertained, adjusted, determined, or paid under the pro- visions of this Act at any time when the Coast Guard shall be operating under the Treasury Department. SEC. 5. This Act shall not apply to claims of persons not permanent residents of Guam or to claims not arising in Guam. Approved November 15, 1945. Regulations. Specified settle- ments subject to ap- proval. Claims in exess of $5,000. Claims not allowed. Finality of settle- ments. Reimbursement in kind. Substitution of pro- visions. Cost Ouard. Nonapplicability.