# 36 CFR § 1011.10: How will the Presidio Trust use administrative offset (offset of non-tax federal payments) to collect a debt?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-36-1011.10

## Section

- **Citation:** 36 CFR § 1011.10
- **Heading:** How will the Presidio Trust use administrative offset (offset of non-tax federal payments) to collect a debt?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 36—Parks, Forests, and Public Property > CHAPTER X—PRESIDIO TRUST > PART 1011—DEBT COLLECTION > Subpart B—Procedures To Collect Presidio Trust Debts

## Text

(a) Centralized administrative offset through the Treasury Offset Program. (1) The Presidio Trust will refer any eligible debt over 120 days delinquent to the Treasury Offset Program for collection by centralized administrative offset. The Presidio Trust may refer any eligible debt less than 120 days delinquent to the Treasury Offset Program for offset.
(2) At least 60 days prior to referring a debt to the Treasury Offset Program, in accordance with paragraph (a)(1) of this section, the Presidio Trust will send notice to the debtor in accordance with the requirements of § 1011.4 of this part. The Presidio Trust will certify to the FMS, in writing, that the debt is valid, delinquent, legally enforceable and that there are no legal bars to collection by offset. In addition, the Presidio Trust will certify its compliance with the due process requirements under 31 U.S.C. 3716(a) and with the requirements described in this part.
(b) Non-centralized administrative offset for a debt. (1) When centralized administrative offset through the Treasury Offset Program is not available or appropriate, the Presidio Trust may collect delinquent, legally enforceable debts through non-centralized administrative offset. In these cases, the Presidio Trust may offset a payment internally or make an offset request directly to a federal paying agency.
(2) At least 30 days prior to offsetting a payment internally or requesting a federal paying agency to offset a payment, the Presidio Trust will send notice to the debtor in accordance with the requirements of § 1011.4 of this part. When referring a debt for offset under this paragraph (b), the Presidio Trust will certify, in writing, that the debt is valid, delinquent, legally enforceable and that there are no legal bars to collection by offset. In addition, the Presidio Trust will certify its compliance with the due process requirements under 31 U.S.C. 3716(a) and with these regulations concerning administrative offset.
(c) Administrative review. The notice described in § 1011.4 of this part will explain to the debtor how to request an administrative review of the Presidio Trust determination that the debtor owes a debt and how to present evidence that the debt is not delinquent or legally enforceable. In addition to challenging the existence and amount of the debt, the debtor may seek a review of the terms of repayment. In most cases, the Presidio Trust will provide the debtor with a “paper hearing” based upon a review of the written record, including documentation provided by the debtor. The Presidio Trust will provide the debtor with a reasonable opportunity for an oral hearing when the debtor requests reconsideration of the debt and the Presidio Trust determines that the question of the indebtedness cannot be resolved by review of the documentary evidence, for example, when the validity of the debt turns on an issue of credibility or veracity. Unless otherwise required by law, an oral hearing under this section is not required to be a formal evidentiary hearing, although the Presidio Trust will document all significant matters presented at the hearing. The Presidio Trust may suspend collection through administrative offset and/or other collection actions pending the resolution of a debtor's dispute. The Presidio Trust may establish policies, guidelines and procedures concerning the administrative review process consistent with the FCCS and the regulations in this section.
(d) Procedures for expedited offset. Under the circumstances described by the FCCS, the Presidio Trust may effect an offset against a payment to be made to the debtor prior to sending a notice to the debtor, as described in § 1011.4 of this part, or completing the procedures described in paragraph (b)(2) and (c) of this section. The Presidio Trust will give the debtor notice and an opportunity for review as soon as practicable and promptly refund any money ultimately found not to have been owed to the Government.
[70 FR 73588, Dec. 13, 2005, as amended at 83 FR 50838, Oct. 10, 2018]

## Nearby sections

- [36 CFR § 1011.1 § 1011.1 What definitions apply to the regulations in this part?](https://www.frixlaw.com/law-library/statutes/ecfr-36-1011.1.md)
- [36 CFR § 1011.2 § 1011.2 Why is the Presidio Trust issuing these regulations and what do they cover?](https://www.frixlaw.com/law-library/statutes/ecfr-36-1011.2.md)
- [36 CFR § 1011.3 § 1011.3 Do these regulations adopt the Federal Claims Collections Standards?](https://www.frixlaw.com/law-library/statutes/ecfr-36-1011.3.md)
- [36 CFR § 1011.4 § 1011.4 What notice will the Presidio Trust send to a debtor when collecting a debt?](https://www.frixlaw.com/law-library/statutes/ecfr-36-1011.4.md)
- [36 CFR § 1011.5 § 1011.5 What interest, penalty charges and administrative costs will the Presidio Trust add to a debt?](https://www.frixlaw.com/law-library/statutes/ecfr-36-1011.5.md)
- [36 CFR § 1011.6 § 1011.6 When will the Presidio Trust allow a debtor to enter into a repayment agreement?](https://www.frixlaw.com/law-library/statutes/ecfr-36-1011.6.md)
- [36 CFR § 1011.7 § 1011.7 When will the Presidio Trust compromise a debt?](https://www.frixlaw.com/law-library/statutes/ecfr-36-1011.7.md)
- [36 CFR § 1011.8 § 1011.8 When will the Presidio Trust suspend or terminate debt collection on a debt?](https://www.frixlaw.com/law-library/statutes/ecfr-36-1011.8.md)
- [36 CFR § 1011.9 § 1011.9 When will the Presidio Trust transfer a debt to the Financial Management Service for collection?](https://www.frixlaw.com/law-library/statutes/ecfr-36-1011.9.md)
- [36 CFR § 1011.10 § 1011.10 How will the Presidio Trust use administrative offset (offset of non-tax federal payments) to collect a debt?](https://www.frixlaw.com/law-library/statutes/ecfr-36-1011.10.md)
- [36 CFR § 1011.11 § 1011.11 How will the Presidio Trust use tax refund offset to collect a debt?](https://www.frixlaw.com/law-library/statutes/ecfr-36-1011.11.md)
- [36 CFR § 1011.12 § 1011.12 How will the Presidio Trust offset a Federal employee's salary to collect a debt?](https://www.frixlaw.com/law-library/statutes/ecfr-36-1011.12.md)
- [36 CFR § 1011.13 § 1011.13 How will the Presidio Trust use administrative wage garnishment to collect a debt from a debtor's wages?](https://www.frixlaw.com/law-library/statutes/ecfr-36-1011.13.md)
- [36 CFR § 1011.14 § 1011.14 How will the Presidio Trust report debts to credit bureaus?](https://www.frixlaw.com/law-library/statutes/ecfr-36-1011.14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-36-1011.10. Check the current official text before relying on it. Not legal advice.