propriate explanation. If a subsequent offer on Form FHA-992 is received after the date specified in Form FHA-991 and while the application is still in effect, the subsequent offer will be considered on the basis of the fair market value existing at the time action is taken thereon, and the offer will be handled as if it were an original offer. If an application is withdrawn by the applicant, rejected by the Government, or terminates, any abstract of title submitted by the applicant as evidence of his surface title will be returned to him.

(e) Establishment of fair market value. In fair market value areas, appraisals will be required and the reserved mineral interests will be sold for their fair market value. "Fair market value" as applied to the sale of such reserved mineral interests means the cash price for which they could reasonably be expected to sell upon negotiations between a reasonably well-informed owner who is willing but not obligated to sell, and a reasonably well-informed buyer who is able and willing but not obligated to buy.

(1) Fair market value. The fair market value of the reserved mineral interests in each case will be established by the State Director taking into consideration the appraisal information, his personal knowledge, and any other available pertinent information, including any information which is obtainable from State authorities on mineral development, production, and other relevant matters.

(2) Appraisal by County Committee and County Supervisor. A fair market value appraisal will be made by the appropriate Farmers Home Administration County Committee and County Supervisor for the reserved mineral interests covered by each application in fair market value areas. Some of the factors to be considered in making such appraisals and to be covered by the appraisal report are geological information which may be available, leasing activity, lease bonus and rental prices, prices being paid for royalty or mineral rights in the immediate area, trading activity in royalty or minerals and leases, proximity to drilling or mining activity, and results of previous drilling or mining operations.

(3) Technical appraisals. In some cases, the State Director may, because of the existence of development or other conditions, deem it necessary to obtain technical appraisals by persons experi

enced in the field of appraising minerals. Such appraisals may be made by qualified Government appraisers or by other qualified persons.

§ 1886.5 Failure to accept delivery of quitclaim deeds.

In any case in which the applicant does not accept delivery of the quitclaim deed of mineral interests (and pay the purchase price in fair market value areas) within fifteen (15) days from the date delivery is tendered to him, the contract resulting from the application, offer, and acceptances will terminate automatically, and the County Supervisor will return the deed to the State Director for cancellation. The applicant will agree to such cancellation by the execution of a rider attached to his application Form FHA-987 or FHA-990, and made a part of such application.

covery value involved in any one sale does not exceed $500. In the event it appears that the reasonable recovery value in any one sale will exceed $500, it is required that such abstracts be advertised for sale. All abstracts covering land owned by a particular individual may be sold as a unit, even though they cover separate, noncontiguous tracts.

(a) Negotiated sales. Sales will be negotiated to the extent practical, at the best price obtainable, with (1) the owners, either surface or mineral, (2) local title companies, lawyers, or other persons engaged in preparing abstracts of title for the public generally, and (3) persons holding a mortgage or other interest. When equal offers are received from owners and others, the sale should be made to the owners. In those cases where an abstract covers a tract of land

which has been subdivided, and the land interests are held by several parties, determination should be made as to whether they wish to purchase the abstract jointly. If all of them are not interested in making a joint purchase of the abstract, the abstract may be sold to any one or more of the several owners who are interested in buying it.

(b) Advertised sales. If there should be cases where it appears that the reasonable recovery value of surplus abstracts of title in any one sale will exceed $500, the Finance Office will furnish the State Office with the required invitation to bid forms and necessary instruction for handling the matter and for the return of the bid docket to the Finance Office for execution of the contract of sale by an authorized contracting officer.

2101.9 Appeals.

2101.10 Inspection and copies.

AUTHORITY: The provisions of this Part 2101 issued under 5 U.S.C. 552, 559.

SOURCE: The provisions of this Part 2101 appear at 32 F.R. 9615, July 4, 1967, unless otherwise noted.

Subpart A-Availability of Reports, Staff Manuals and Instructions, and Related Material

§ 2101.1 Reports and informational material.

The International Agricultural Development Service, hereinafter referred to as "IADS," issues from time to time reports and other informational material concerning the foreign technical assistance and training programs for which it has responsibilities. The material includes reports on specific activities carried out in foreign countries for and in cooperation with the Agency for International Development. As such reports and material are issued, copies will be mailed to all interested persons who may be affected. IADS will make all such is

IADS will maintain and make available for public inspection and copying a current index providing identifying information on all IADS reports and staff manuals and instructions made available pusruant to § 2101.2.

§ 2101.4 Facilities for inspection, copies.

Facilities for public inspection and copying of the material described in the foregoing sections will be provided in a reading area in the office of the Information Officer, IADS, South Building, U.S. Department of Agriculture, Washington, D.C. Copies of such material may also be obtained in person or by mail. Applicable fees are prescribed by the Director, Office of Plant and Operations, U.S. Department of Agriculture. Subpart B-Disclosure of Identifiable Records

§ 2101.5 Requests.

Requests for IADS records pursuant to 5 U.S.C. 552(a) (3) shall (a) be made to the Information Officer, IADS, South Building, U.S. Department of Agriculture, Washington, D.C. 20250, and (b)

identify each record sought with reasonable specificity. The Information Officer, IADS, may require that the request be in writing. Requests for records may be filed in person or by mail.

§ 2101.6

Delegation of authority.

Subject to the provisions of § 2101.9, the Information Officer is authorized to act on behalf of IADS on all requests for records in accordance with 5 U.S.C. 552, as implemented by this subpart and the regulations of the Secretary of Agriculture, Part I of this title, as amended. § 2101.7 Available records.

The Information Officer shall promptly make available all IADS records requested in accordance with § 2101.5 unless he determines that it is an exempt record as described in § 2101.8. The Information Officer shall promptly give written notice of any such determination, together with the reasons therefor. § 2101.8

Exempt Records.

A denial by the Information Officer of any request for an IADS record may be appealed by the person who made the request to the Administrator, IADS. The appeal shall be made in writing within 15 days after the date of mailing of the Information Officer's notice of determination. The Administrator will give written notice of IADS's final determination. As provided in the regulations of the Secretary of Agriculture governing the availability of official records, Part I of this title, as amended, except where disclosure is prohibited by statute, Executive order, or the regulations of other Government agencies, the Administrator may, in individual cases, make records exempt from disclosure available if he determines that disclosure will not adversely affect the national interest or constitute an unwarranted invasion of individual privacy.

§ 2101.10 Inspection and copies.

A person who has requested available records shall be promptly notified that upon payment of applicable fees, he may inspect and copy such records, and purchase copies or extracts thereof, in the office of the Information Officer, on business days from 9:30 a.m. to 5 p.m. Copies of such records may also be purchased by mail. Applicable fees prescribed by the Director, Office of Plant and Operations, U.S. Department of Agriculture.

are

Part

2400.10

Prehearing arrangements.

2400.11 Hearings. 2400.12 Decisions. 2400.13

Extensions of time and stenographic reporting of hearings.

AUTHORITY: The provisions of this Part 2400 issued under 5 U.S.C. 301, 40 U.S.C. 486 (c) and under sec. 4, 62 Stat. 1070, as amended; 15 U.S.C. 714b. Interpret or apply secs. 9, 10, 62 Stat. 1072, 1073; 15 U.S.C. 714g, 714h.

SOURCE: The provisions of this Part 2400 appear at 33 F.R. 2420, Jan. 31, 1968, unless otherwise noted.

poration on April 17, 1946, and (2) Ad Hoc Boards of Contract Appeals designated from time to time by the Director of Plant and Operations under authority of Subpart 4-50.2 of the Agriculture Procurement Regulations.

(b) The provisions of the Administrative Procedure Act (60 Stat. 237, as amended, 5 U.S.C. 551-559) are not applicable to proceedings before the Board except those requirements with respect to publication of description of organization, statements as to channeling and determination of functions, substantive rules, statements of general policy, or interpretations, and publication or availability for public inspection of final opinions or orders in the adjudication of

cases.

§ 2400.2 Membership and participation.

(a) The Board is composed of eleven members appointed by the Secretary of Agriculture one of whom is designated to act as Chairman and one as Vice Chairman. The Vice Chairman shall act for the Chairman in his absence. The Board has an Executive Secretary designated by the Secretary of Agriculture. The Executive Secretary may, if his appointment so provides, also be a member of the Board.

(b) An appeal to the Board shall be considered and decided by a panel of not less than three members designated by the Chairman to hear and decide the appeal. If the Chairman is not a member of a panel, or is unable to act as "Presiding Officer," he shall name one of the members of the panel to serve as "Presiding Officer" who shall be responsible for the proper disposition of the appeal. The