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PART 300-GENERAL Sec. 300.9

Authorization of the Administrator

to approve sales of real property

and execute deeds. (Revoked) 300.11 Delegation of authority to Adminis

trator to approve sales of real and personal property and to carry out the expeditious liquidation of proj

ects. (Added] 300.12 Delegation of authority to Regional

Directors to sell real and personal property and to execute deeds and other instruments of conveyance, to accept, record, release and satisfy instruments of security, and to perform other functions. (Add

ed]

300.13 Delegation of authority to Regional

Directors to dispose of real and personal property, to release instruments of security, to execute deeds and other instruments of conveyance, and to perform other func

tions. (Added) 300.14 Delegation of authority with respect

to programs of Farm Security Ad

ministration. [Added] 300.15 Delegation of authority to Assistant

Administrator with respect to real estate lending

and

servicing. (Added) $ 300.9 Authorization of the Administrator to approve sales of real property and execute deeds. [Revoked]

CODIFICATION: $ 300.9 was revoked by Administrator's Memorandum 37, Mar. 13, 1944, 9 F.R. 2840.

$ 300.11 Delegation of authority to Administrator to approve sales of real and personal property and to carry out the expeditious liquidation of projects. Frank Hancock, as Administrator of the Farm Security Administration, is authorized to sell and dispose of, in accordance with the applicable provisions of law, all real and personal property under the jurisdiction of the Farm Security Administration, and is further authorized and directed to do all things necessary in accordance with the applicable provisions of law, to carry out the expeditious liquidation of all resettlement projects, rural rehabilitation projects for resettlement purposes, cooperative land-leasing and land-purchasing associations and all other cooperative farming enterprises now under the jurisdiction of the Farm Security Administration, including the real and personal property comprising such enterprises, which come within the Congressional mandate to liquidate.

The authority hereby delegated includes, but is not limited to, the following:

(a) The approval of sales and conveyances of real property or interests therein held by the United States of America and under the jurisdiction of the Farm Security Administration, including real property held in trust for any State rural rehabilitation corporation, and to execute, on behalf of the United States of America, all deeds or other instruments necessary in connection therewith: Provided, however, That in selling such property, the Administrator shall be guided by the following principles:

(1) Wherever practicable, sales of economic farm units shall be made to persons eligible under Title I of the Bankhead-Jones Farm Tenant Act at prices based on the earning capacity of the farms. The purchase price for each such farm shall be payable over a period not in excess of 40 years, and the unpaid portion of the purchase price shall bear interest at the rate of three per cent per annum.

(2) Sales of subsistence units shall be for the reasonable fair value thereof. The purchase price shall be payable over a period not in excess of 40 years and the balance of the purchase price shall bear interest at the rate of three per cent per annum, payable annually.

(3) All the interests in oil, gas, and other mineral rights which are vested in or owned by the United States, either legally or equitably, at the time of the sale of lands in accordance with this authorization, shall be reserved when the properties to be conveyed are situated in areas where such mineral rights have substantial market value or where, based on the opinion of qualified geologists, such rights are prospectively of substantial market value. At least 75% of all of the oil, gas and other mineral rights vested in or owned by the United States either legally or equitably at the time of conveyance will be reserved when such lands are situated within areas where such rights have no known market value or the market value thereof is nominal and where, based on the opinion of qualified geologists, such rights are not prospectively of substantial market value. Where mineral rights are to be transferred, including instances where the lands to be conveyed are held at the time of conveyance under purchase contracts reserving to the United States all minerals, the market value of the mineral rights to be conveyed will be taken into consideration in establishing the purchase price of such lands.

(b) The transfer, by sale or grant in accordance with the applicable provisions of law, of the school and other community facilities including, but not limited to, water systems, irrigation systems,

sewage disposal systems and other public utilities serving such projects, to eligible purchasers authorized by law to acquire, operate and maintain such facilities. All dedications pursuant to section 4 of the Bankhead-Black Act (40 U.S.C. 434) must be approved by me.

(c) The application in accordance with the applicable provisions of law, in those instances where property of the Government has been improved by land-leasing associations, of the reasonable fair value of such improvements against the outstanding obligations of such associations owing to the United States.

(d) In connection with the sale and disposition of such property or interests therein: (1) To exercise for and on behalf of the United States of America, all rights, privileges and powers of the United States of America under the terms of any agreement or instrument heretofore or hereafter entered into in connection with the sale of such lands or property, or taken as security for the purchase price in connection with such sales; (2) to execute and perform all notices, consents and other acts to be given or done by the United States of America under the aforesaid agreements or security instruments; (3) to do and perform all things necessary for servicing, renewing and collecting the outstanding indebtedness in favor of the United States of America and to accept, record, release and satisfy instruments of security of all kinds, and (4) upon default in any payment or obligation, to enforce payment by realizing upon the security.

In the absence of the Administrator of the Farm Security Administration, or his inability to carry out the powers and functions hereby delegated, the authority conferred by this section may be exercised by the Acting Administrator of the Farm Security Administration.

This authority shall supersede the Secretary's memorandum dated March 15, 1943 (8 F.R. 3221), designated “Authorization of Administrator to approve sales of real property and execute deeds," ($ 300.9) and shall supersede Administration Order 246 (Rev. 1), dated July 20, 1939 (4 F.R. 3389), designated “Authority to approve the sale of State Rural Rehabilitation Corporation surplus real property."

All other delegations of authority not in conflict herewith shall remain unchanged and in full force and effect. In

his discretion, the Administrator may (d) This section shall be effective delegate such of the powers as are hereby as of the 27th day of April 1944, and preconferred upon him. (R.S. 161; 5 vious delegations of authority relating U.S.C. 22) [Admin, Memo. 37, Mar. 13, to matters to which reference is herein 1944, 9 F.R. 2840]

made are hereby superseded. All other $ 300.12 Delegation of authority to

delegations of authority not in conflict

herewith shall remain in full force and Regional Directors to sell real and per

effect. ($ 300.11 of this chapter) [A.L. sonal property and to execute deeds and

672, Apr. 27, 1944, 9 F.R. 4523] other instruments of conveyance, to accept, record, release and satisfy instru- $ 300.13 Delegation of authority to ments of security, and to perform other Regional Directors to dispose of real and functions. (a) Regional Directors of personal property, to release instruthe Farm Security Administration are ments of security, to execute deeds hereby authorized on behalf of the United and other instruments of conveyance, States, in accordance with applicable and to perform other functions. Reprovisions of FSA instructions and other- gional Directors of Farm Security Adwise:

ministration are hereby empowered on (1). To sell and dispose of all real and

behalf of the United States, to the extent personal property or any interests provided in, and pursuant to and in therein under the jurisdiction of the

accordance with the provisions of appliFarm Security Administration, includ- cable FSA Instructions and specific ing such property held in trust for State authorizations from time to time issued rural rehabilitation corporations and to

or to be issued: execute on behalf of the United States (a) To approve the sale and disposiall deeds and other instruments neces- tion of real and personal property or any sary in connection with such sales.

interest therein acquired by defense re(2) To exercise for and on behalf of

location corporations and land purchasthe United States of America all rights,

ing and development associations under privileges and powers of the United programs administered by Farm SecuStates of America under the terms of

rity Administration; to release individual any agreement or instrument heretofore

tracts of land from the security of the or hereafter entered into in connection Government represented by mortgages with the sale of such land or property

or other liens on such acquired property; or taken as security for the purchase

and to exercise, for and on behalf of price in connection with such sale; to

United States of America, all rights, execute and perform all notices, consents,

privileges and powers of the Government or other acts to be given or done by the

under the terms of any agreement or inUnited States under the aforesaid agree

strument heretofore or hereafter entered ments or security instruments; to do and

into in connection with the sale of such perform all things necessary for servic

property, or taken in connection with ing, renewing and collecting outstanding

such sale as security for the sale price. indebtednesses in favor of the United

(b) To determine whether any land States and to accept, record, release and

held by the United States under the susatisfy instruments of security of all

pervision of the Secretary of Agriculture kinds and upon default in any payment

or the War Food Administrator pursuant or obligation, to enforce payment by

to Executive Order 7530, dated December realizing upon security.

31, 1936, as amended by Executive Or

der 7557, dated February 19, 1937, is (b) All transactions authorized hereunder shall conform to all applicable

suitable for the purposes of Title I of

the Bankhead-Jones Farm Tenant Act requirements of law and all applicable regulations of the Department of Agri

(7 U.S.C. 1000–1008). culture.

(c) Upon determination that lands re(c) In the absence of the Regional

ferred to in (b) hereof are suitable for Director of the Farm Security Adminis- the purposes of Title I, to utilize such tration or his inability to carry out the land for the purposes of said title; to powers and functions hereby delegated, sell and dispose of any such land pursuthe authority conferred by this delega- ant to the authority contained in sec. 43 tion may be exercised by the Acting of the Bankhead-Jones Farm Tenant Regional Director of the Farm Security Act; to make loans for the necessary imAdministration.

provements thereon, upon such terms as

shall be appropriate and in accordance with the provisions of said title; and to execute all deeds and other instruments necessary in connection with such sales.

(d) In the absence of the Regional Director of Farm Security Administration, or his inability to carry out the powers and functions hereby delegated, the authority conferred by this delegation may be exercised by the appropriate Acting Regional Director of the Farm Security Administration but may not be further redelegated. (§ 300.11 of this chapter) [Reg., effective July 29, 1944, 9 F.R. 9345)

$ 300.14 Delegation of authority with respect to programs of Farm Security Administration. (a) The Administrator of Farm Security Administration (hereinafter referred to as the "Administrator") is hereby authorized and directed to do all things necessary to administer and supervise, in a manner consistent with law, the various programs and functions of the Farm Security Administration including, but not limited to (1) the rural rehabilitation, tenant purchase, water facilities, and water conservation and utilization programs and the liquidation and management, pending liquidation, of resettlement projects and rural rehabilitation projects for resettlement purposes, (2) the expenditure of funds heretofore or hereafter authorized or appropriated for any of such programs, and (3) the loans and other assets heretofore or hereafter acquired by the Farm Security Administration or the United States of America or the Secretary of Agriculture as trustee in connection with such programs or other programs for substantially similar purposes.

(b) The Administrator may, from time to time, prescribe such rules and regulations, consistent with law, as appear to him to be necessary or appropriate in carrying out the authority delegated hereby.

(c) Existing rules and regulations effective on the date of this section and relating to the funds and assets identified in (a) hereof and not in conflict herewith shall continue in effect until modified by me or by the Administrator acting pursuant to this section.

(d) In his discretion, the Administrator may delegate such of the authority as is hereby conferred upon him.

(e) In the absence of the Administrator or his inability to carry out the authority hereby delegated, such authority may be exercised by the Acting Administrator of Farm Security Administration.

(f) The authority delegated by this section is in addition to and does not supersede the authority conferred by $ 300.11. (R.S. 161; 5 U.S.C. 22) [Reg., Aug. 2, 1944, effective July 1, 1944, 9 F.R. 9389]

$ 300.15 Delegation of authority to Assistant Administrator with respect to real estate lending and servicing. There is hereby delegated to C. Stott Noble, Assistant Administrator of Farm Security Administration:

(a) The power and authority, subject to the jurisdiction and control of the Administrator, to do all things the Administrator is required or empowered to do which are necessary to administer and supervise the activities of Farm Security Administration under the respective jurisdictions of the Farm Ownership Division, the Project Sales Division and the Engineering Division pertaining to real estate, real estate lending and servicing, the liquidation of Resettlement projects and Rural Rehabilitation projects for Resettlement purposes, including but not limited to land-leasing, land-purchasing associations and defense relocation corporations, except the power and authority to compromise claims pursuant to section 41 (g) of the BankheadJones Farm Tenant Act.

(b) This delegation shall revoke or modify existing authorizations and instructions only to the extent such authorizations and instructions are in conflict herewith.

(c) In his discretion, the Assistant Administrator may redelegate any of the power or authority granted herein to subordinates under his jurisdiction and may revoke or modify existing authorities within the scope of this delegation.

(d) In the absence of the Assistant Administrator, or in the event of his inability to carry out the authority herein delegated, such authority may be exercised by the Acting Assistant Administrator serving in his place and stead. (8$ 300.11 and 300.14 of this chapter) [Reg., Aug. 19, 1944, effective July 1, 1944, 9 F.R. 10239)

PART 320-METHOD OF REDELEGA.

TION OF AUTHORITY (ADDED] Sec. 320.1 Delegation of authority. 320.2 Designation of Acting Regional Direc

tors. AUTHORITY: $$ 320.1 and 320.2 issued under R.S. 161; 5 U.S.C. 22.

SOURCE: $$ 320.1 and 320.2 contained in Regulations, Farm Security Administrator, Oct. 9, 1944, 9 F.R. 12403.

$320.1 Delegation of authority-(a) General. Delegation of authority is an essential instrument of administration and should be employed at all administrative levels to the fullest extent practicable and consistent with applicable regulations. It is often a necessary corollary to the assignment of duties and responsibilities, but each must be clearly established in order to avoid misunderstanding. Assignment of duties must not be made when it may have the direct or indirect effect of conveying authority where delegation is not authorized. Although the delegation of authority conveys a commensurate personal responsibility and liability for acts performed thereunder, delegating officials retain full responsibility for supervising and directing their subordinates in the proper exercise of such authority and may, in default thereof, share liability for improper use. All delegations, revocations or modifications of authorities must be in accord with this instruction and other regulations and procedures.

(b) Authorities. (1) All FSA officials are vested with all authorities vested in or delegated to any of their respective subordinates in the same direct line of authority, except (i) where authorities are delegated directly to such subordinates by authorized Departmental or other Government officials other than FSA officials, and (ii) where fiscal instruments must be approved by immediate supervising officials, by officials in charge, or by officials responsible for receipt of goods or services. In order to avoid the necessity of numerous intermediate delegations of authority, delegation will usually be made directly to the official(s) who it is intended will exercise the authority under normal circumstances and, wherever practicable, to positions rather than individuals.

(2) Regional Directors, may, for justifiable reasons and by written notice to the individual employee concerned, re

voke or modify any authority to their subordinates except authority delegated directly by the authorized Departmental or other Government officials other than FSA officials. In justifiable circumstances Regional Directors may delegate to appropriate officials in the regional office any authority which is vested in or delegated to state, district or county officials, except where prohibited or limited by applicable procedures.

(3) Any official may, for justifiable reasons, by written notice and in accordance with applicable regulations and procedures, revoke or modify any authority which he has personally delegated.

(4) All authorities, whether vested, delegated or redelegated, will be exercised in full compliance with the limitations, conditions, and requirements of applicable regulations and procedures, and subject to such direction and supervision as may be consistent therewith.

(c) Expiration of delegated authorities. (1) Blanket or position delegations automatically remain in effect regardless of changes in incumbents until the instrument of delegation, usually an instruction, is withdrawn or revised, subject to such modification or revocation as may be made in individual cases as authorized herein. The incumbents of positions named in such delegations are automatically divested of the specific authorities in case of separation, transfer or removal from the named position. New incumbents are automatically vested with all authorities vested in or delegated to the named positions, subject to such modification or revocation as may be made in individual cases as authorized herein.

(2) Individual delegations of authority (delegations to persons by name) expire (i) on the date specified; (ii) when the delegate is separated or leaves the position with which the delegation is identified; (iii) the delegation is invalidated by regulations or procedures; or (iiii) the delegation is revoked or modified as provided herein.

(3) Unless provided in the instrument of authorization, delegations or redelegations of authority, whether individual or position, do not expire upon separation or transfer of the official who makes the delegation. New delegations should not be made, in such cases, unless necessary for other reasons. However, new incumbents of positions from which such

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