Paul Fankhauser, Assistant Deputy Production Credit Commissioner, is authorized to execute and perform all functions, powers, authority, and duties pertaining to the office of Production Credit Commissioner in the event that the Production Credit Commissioner, Deputy Production Credit Commissioner Esgate, and Assistant Production Credit Commissioner Scott are all unavailable to act by reason of absence from the central office of the Farm Credit Administration or for any other cause.

Homer G. Smith, Assistant Deputy Production Credit Commissioner, is authorized to execute and perform all functions, powers, authority, and duties pertaining to the office of Production Credit Commissioner in the event that the Production Credit Commissioner, Deputy Production Credit Commissioner Esgate, Assistant Production Credit Commissioner Scott, and Assistant Deputy Production Credit Commissioner Fankhauser are all unavailable to act by reason of absence from the central office of the Farm Credit Administration or for any other cause. (48 Stat. 51, 273; 12 U.S.C. 636, 638 (b). E.O. 6084, Mar. 27, 1933; 6 CFR 1.1 (m). Sec. Memo. 846, Jan. 6, 1940) [FCA Order 421, May 9, 1945, 10 F.R. 5491]

§3.60 Functions and duties of Director of the Revolving Fund. The Director of the Revolving Fund is authorized and empowered:

(a) To accept or reject applications for loans from the Revolving Fund authorized by the Agricultural Marketing Act (46 Stat.. 11; 12 U.S.C. 1141-1141j), in whole or in part, and to make commitments therefor; to designate such officers of the Revolving Fund Section as he may deem necessary and to prescribe their authority and duties; to execute, either in person or through such officer as he may authorize, instruments for the release, modification, renewal, or revival of real and chattel mortgages, pledges, and other lien instruments, and such other documents as may be necessary to carry out the functions of his office, and all such documents and instruments heretofore executed are ratified and confirmed; and to perform any and all functions and duties, in accordance with law, which the Governor of the Farm Credit Administration is authorized to perform with respect to the administration of the Revolving Fund Section and of the Agricultural Marketing Act, as amended,

except the signing of vouchers for the disbursement of money from the Revolving Fund.

(b) To perform any and all functions and duties, in accordance with law, which the Governor of the Farm Credit Administration is authorized to perform with respect to the Administration of the Act of March 3, 1932 (47 Stat. 60; 12 U.S.C. 1401-1404), relating to loans to individuals for the purpose of assisting in forming or increasing the capital stock of agricultural credit corporations, livestock loan companies, or like organizations; and

(c) To perform any and all functions and duties, in accordance with law, which the Governor of Farm Credit Administration is authorized to perform under the regulations of the Secretary of Agriculture issued pursuant to the provisions of an Act of Congress approved December 20, 1944 (Pub. Law 518, 78th Congress, 58 Stat. 836), insofar as the said act and regulations apply to indebtedness administered by the Revolving Fund Section, and to redelegate any or all of said functions and duties in accordance with said regulations. (58 Stat. 836; 12 U.S.C. 1150. § 01.5 of Subtitle A. E.O. 6084, Mar. 27, 1933; 6 CFR 1.1. Sec. Memos. 846, Jan. 6, 1940, 1086, Apr. 26, 1943) [FCA Order 422, May 9, 1945, 10 F.R. 5491]

$3.79 Emergency Crop and Feed Loan Division; functions, powers, authority, and duties of Director, Assistant Director, and Chief of Credits and Collections. The Director of the Emergency Crop and Feed Loan Division is authorized and empowered to execute and perform all functions, powers, authority, and duties vested in the Governor of the Farm Credit Administration by any act of Congress or Executive order relative to emergency crop and feed loans and matters incidental thereto.

The Director of the Emergency Crop and Feed Loan Division is authorized to perform any and all functions, powers, authority, and duties, which the Governor of the Farm Credit Administration is authorized to perform under the regulations of the Secretary of Agriculture issued pursuant to the provisions of an Act of Congress approved December 20, 1944 (Pub. Law 518, 78th Congress, 58 Stat. 836), insofar as the said act and regulations apply to loans administered by the Emergency Crop and Feed Loan Division, and is further authorized to

redelegate any or all of said functions, powers, authority, and duties, except that the determination of any settlement shall not be delegated beyond the head of the highest field office having jurisdiction.

The Assistant Director of the Emergency Crop and Feed Loan Division is authorized and empowered to perform any and all functions and duties which the Director of the Emergency Crop and Feed Loan Division is authorized and empowered to perform, in the event that the Director is unavailable to act by reason of absence from the central office of the Farm Credit Administration, or for any other cause.

The Chief of Credits and Collections of the Emergency Crop and Feed Loan Division is authorized and empowered to perform any and all functions and duties which the Director of the Emergency Crop and Feed Loan Division is authorized and empowered to perform in the event that both the Director and the Assistant Director are unavailable to act by reason of absence from the central office of the Farm Credit Administration, or for any other cause. (Sec. 5, 50 Stat. 6; 12 U.S.C. 1020m. E.O. 6084, Mar. 27, 1933; 6 CFR 1.1 (m). § 01.5 of Subtitle A) [FCA Order 418, Apr. 4, 1945, effective Mar. 15, 1945, 10 F.R. 3901, 4031]

§ 3.86 Delegation of authority to regional managers. The regional managers of emergency crop and feed loan offices, severally, are hereby authorized to perform all functions, powers, and duties which the Director of the Emergency Crop and Feed Loan Division is authorized to perform with respect to the administration of the act of Congress approved December 20, 1944, (Pub. Law 518, 78th Congress, 58 Stat. 836), subject, however, to such rules and regulations which the Director has issued or may hereafter issue, and subject to his general supervision and control. 5, 50 Stat. 6; 12 U.S.C. 1020m. E.O. 6084, Mar. 27, 1933; 6 CFR 1.1 (m). § 01.5 of Subtitle A) [Reg., Apr. 9, 1945, 10 F.R. 3901]

(Sec.

Current market value.

Adjusted value to be used as basis for price to former owners and tenants.

5.402-03 Value to be used in fixing price to veterans.

5.404-01 Developing basic information. 5.404-02 Appraising the individual tracts. 5.404-03 Appraisal report.

PRIORITIES AND PRICING

5.503-02 Multiple former owners.

5.505-01

Disposal to others.

5.506-02

Price to veterans.

DISPOSAL OF IMPROVEMENTS

5.702-01 Priority of Government agencies, State or local governments, and non-profit institutions.

5.703-01 Grouping of buildings and other improvements for disposal. 5.703-02 Disposal of improvements by competitive bids.

5.704-01 Appraisal of improvements.

AUTHORITY: §§ 5.103-01 to 5.704-01, inclusive, issued under 58 Stat. 765; 50 U.S.C. App., Sup., 1611. Part 8301 of Title 32. Part 8305 of Title 32.

SOURCE: §§ 5.103-01 to 5.704-01, inclusive, with exception noted in text, contained in Regulations, Governor, Sept. 14, 1945, 10 F.R. 11839.

CROSS REFERENCE: For Surplus Property Administration regulations see Title 32, Chapter XXIII.

DEFINITIONS AND DELEGATIONS OF
AUTHORITY

§ 5.103-01 Definitions, Surplus Property Act of 1944. The following definitions are contained in the act and are adopted for the purposes of this part:

(a) The term "Government agency" means any executive department, board, bureau, commission, or other agency in the executive branch of the Federal Government, or any corporation wholly owned (either directly or through one or more corporations) by the United States.

(b) The term "owning agency," in the case of any property, means the executive department, the independent agency in the executive branch of the Federal Government, or the corporation (if a Government agency), having control of such property otherwise than solely as a disposal agency.

(c) The term "disposal agency" means any Government agency designated under section 10 of the act to dispose of one or more classes of surplus property.

(d) The term "property" means any interest, owned by the United States or any Government agency, in real or personal property, of any kind, wherever located, but does not include (1) the public domain, or such lands withdrawn or reserved from the public domain as the Surplus Property Board (created by section 5 of the act) determines are suitable for return to the public domain for disposition under the general land laws, or (2) naval vessels of the following categories: Battleships, cruisers, aircraft carriers, destroyers, and submarines.

(e) The term

"surplus property" means any property which has been determined to be surplus to the needs and responsibilities of the owning agency in accordance with section 11 of the act.

(f) The term "contractor inventory" means (1) any property related to a terminated contract of any type with a Government agency or to a subcontract thereunder; and (2) any property acquired under a contract pursuant to the terms of which title is vested in the Government, and in excess of the amounts needed to complete performance thereunder; and (3) any property which the Government is obligated to take over under any type of contract as a result of any change in the specifications or plans thereunder.

(g) The term "care and handling" includes completing, repairing, converting, rehabilitating, operating, maintaining, preserving, protecting, insuring, storing, packing, handling, and transporting, and, in the case of property which is dangerous to public health or safety, destroying, or rendering innocuous, such property.

(h) The term “person” means any individual, corporation, partnership, firm, association, trust, estate, or other entity.

(i) The term "State" includes the several States, Territories, and possessions

of the United States, and the District of Columbia.

(j) The term "tax-supported institution" means any scientific, literary, educational, public-health, or public-welfare institution which is supported in whole or in part through the use of funds derived from taxation by the United States, or by any State or political subdivision thereof.

1

§ 5.103-02 Definitions, regulations of Surplus Property Board. The following definitions are contained in Part 8305 of Title 32 and are adopted for the purposes of this part:

(a) "Act" means the Surplus Property Act of 1944.

(b) "Board" means the Surplus Property Board.

(c) "Continental United States" means the 48 States and the District of Columbia.

(d) "Former owner" means the person from whom the real property was acquired by the Government.

(e) "Non-profit institution" means any scientific, literary, educational, public-health, public-welfare, charitable, or eleemosynary institution, any hospital or similar institution, and any volunteer fire company, (1) which is supported in whole or in part through the use of funds derived from taxation by the United States, its territories or possessions, or by any State or political subdivision thereof, or (2) which is exempt from taxation under section 101 (6) of the Internal Revenue Code.

(f) "Offer" means a written offer to purchase surplus real property or a written application by a Government agency or a State or local government requesting that such property be held for disposal to it.

(g) "Owner-operator" means a person who will personally operate and cultivate agricultural land to earn a livelihood rather than lease it to a tenant.

(h) "Priority" means the right of a person, subject to stated conditions and limitations, to purchase surplus real property to the exclusion of other persons.

(i) "Real property" means any interest, owned by the United States or any Government agency, in real property, of any kind, wherever located, but does not

1 Regulation 5 of the Surplus Property Board.

include the public domain, or such lands withdrawn or reserved from the public domain as the Surplus Property Board determines are suitable for return to the public domain for disposition under the general land laws. It is not limited to the definition thereof as contained in section 23 of the act.

(j) "Section 23 real property" means property consisting of land, together with any fixtures and improvements thereon, located outside of the District of Columbia, but does not include war housing, industrial plants, factories, or similar structures and facilities, or the sites thereof, or land which the Board determines is essential to the use of any of the foregoing.

(k) "State or local government" means any State, territory, or possession of the United States, the District of Columbia, and any political subdivision or instrumentality thereof.

(1) "Veteran" means any person who served in the active military or naval service of the United States during the present war, or any person who served in the active military or naval service of the United States on or after September 16, 1940, and prior to the termination of the present war, and who has been discharged or released therefrom under honorable conditions.

§ 5.103-03 Definitions, regulations of Farm Credit Administration. As used in this part:

(a) "FCA" or "Administration" means the Farm Credit Administration.

(b) "Central office" means the central office of the Farm Credit Administration. (c) "FFMC" or "Corporation" means the Federal Farm Mortgage Corporation.

(d) "FLB" or "bank" means the Federal land bank serving the farm credit district in which a project of surplus agricultural and forest property concerned is located.

(e) "District office" means the office of the FFMC maintained in each of the twelve Federal land banks, including the regional director of surplus property disposal and district vice president.

(f) "Project" means the area included in a particular assignment which may or may not be composed of contiguous parts.

(g) "Project office" means an office established on the site of the project or at such other place as may be designated where business relating to the disposal

of property in the project may be transacted.

(h) "Tract" means a separate parcel of land as acquired by the Government or any other unit established by the disposal agency in reblocking an area.

§ 5.105-02 Delegations of authority. (a) An order of the Secretary of Agriculture dated April 26, 1945 (10 F.R. 4647), delegates, subject to his general supervision and direction, authority and responsibility to the governor of the FCA, with authority to redelegate to any appropriate officer, agent, or employee of the FCA or of the USDA, including the FFMC, with a provision that the services and facilities of the Federal land banks and national farm loan associations may be used.

(b) An order of the governor of the FCA dated April 28, 1945 (10 F.R. 4694), redelegates, subject to his general supervision and direction, authority and responsibility to FFMC, with a provision that the services and facilities of the Federal land banks and national farm loan associations may be used.

(c) An order of the governor of the FCA dated August 3, 1945, redelegates to the land bank commissioner, subject to the governor's supervision and direction, his supervisory powers related to surplus property disposal, and permits redelegation thereof to any officer or employee in the Land Bank Division. An order of the land bank commissioner, dated August 9, 1945, makes a further redelegation, subject to the commissioner's supervision, to the director of surplus property disposal.

(d) A resolution of the board of directors of the FFMC adopted April 30, 1945, authorizes the president of the FFMC to act for the FFMC in executing the surplus property disposal program. An order of the president of the FFMC dated August 3, 1945, appoints the president of each Federal land bank ex officio an executive officer of the Corporation with the title of regional supervisor of surplus property disposal and makes the regional director of surplus property disposal responsible for the Corporation's surplus property disposal activities in the district, subject to the supervision of the president of the Corporation. A letter from the president of the Corporation to each district vice president dated August 3, 1945, outlines the powers and duties of the district vice president and subordinates his authority and responsibility

to that of the regional director of surplus property disposal.

(e) A resolution of the board of directors of the FFMC adopted April 30, 1945, authorizes any vice president of the Corporation to sign deeds, leases, and other instruments in connection with the surplus property disposal program.

FUNCTIONAL ORGANIZATION

§ 5.201-01 Services and facilities of existing Farm Credit Administration units. The units of the FCA whose services and facilities are used in the disposal of surplus property will function under the general direction of the governor or officials designated by him. The experience of the Farm Credit Administration in connection with the servicing and selling of real estate acquired by the FFMC and the Federal land banks in the course of their regular business, the trained personnel in the various units concerned, the existing field organization, and the distribution of offices make it unnecessary to set up a special separate organization to dispose of surplus real property. Whatever services may be required should be rendered with as little disturbance to the regular organization as practicable. Such time records should be maintained as will facilitate reimbursement of all expenses.

§ 5.201-02 Federal Farm Mortgage Corporation. The responsibility for disposal of surplus agricultural and forest property is that of the FFMC by delegation of authority from the governor of the FCA. The board of directors of the Corporation has authorized the president of the Corporation to administer the program on behalf of the Corporation. Provision has been made for the use of the facilities of the FCA and the Federal land banks and, where desired, the national farm-loan associations, in the performance of the necessary operations. All official actions shall be taken in the name of the FFMC by duly authorized officials thereof.

§ 5.201-03 Facilities of central office of Farm Credit Administration. Services and facilities of the central office of the Farm Credit Administration will be used to the extent necessary or appropriate in administering the program.

§ 5.201-04 Federal land banks. It is expected that the services and facilities of the Federal land banks will be made available to the Corporation as needed