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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. 93891

$ 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. (§§ 300.11 and 300.14 of this chapter) [Reg., Aug. 19, 1944, effective July 1, 1944, 9 F.R. 10239]

PART 320-METHOD OF REDELEGATION OF AUTHORITY [ADDED]

Sec.

320.1 Delegation of authority.

320.2 Designation of Acting Regional Directors.

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

delegations have been made should, as soon as practicable, review existing delegations to their subordinates for the purpose of determining if any changes should be made or recommended.

(d) Execution of delegation forms. (1) Wherever authority has been vested in an official with a provision that such authority, or any part thereof, may be redelegated to one or more subordinate and no other form of delegation is specified, the following form will be used with such modification as may be necessary. Officials must observe any limitations placed upon their power to redelegate and must see that the delegate is bonded, if the authority requires a bond, or meets any other requirements. Pursuant to authority vested in me as by

(title)

I hereby delegate to authority to

(document reference)

(name) (location) (description of authority so dele

gated, containing any necessary limitations)

in accordance with applicable regulations and procedure. This delegation shall be and shall

effective as of

(date)

continue in effect during his incumbency, unless revoked or otherwise modified in writing.

Signed

Title

Date

(Add any necessary approvals)

(2) In regional and other field offices unless otherwise provided, delegations of authority, revocations, or modifications thereof will be prepared and signed in an original and two copies for distribution: Original to the delegate (in district and county offices file in delegate's personne! folder), two copies to the Regional Director, one of which will be filed in the delegate's personnel folder (Regional Communications and Records Section), the other will be transmitted to the Finance Area Manager if fiscal matters are involved in the delegation; otherwise the other copy may be destroyed.

(3) In the national office, delegations of authority, revocations, or modifications thereof will be prepared in an original and two copies, plus such additional copies as may be needed for distribution to affected offices. Distribution will be as follows: Original to the delegate; one

copy to the delegate's personnel folder (Communications and Records Section); one copy for the originating office file; one copy to each office or division affected.

§ 320.2 Designation of Acting Regional Directors. (a) Each Regional Director is hereby authorized to designate individual members of his staff to act for him during his temporary absence from his official headquarters, and may delegate to such individuals any and all rights, privileges, and powers including the authority to execute documents concerned therewith, vested in the Regional Director, with the exception of authorities delegated directly to him by authorized Departmental or other Government officials other than FSA officials, the redelegation of which is expressly prohibited and which may in the Regional Director's absence be exercised by previously designated individuals.

(b) Designations, as provided above should be made preferably to an Assistant Regional Director; may cover any temporary absence of the Regional Director during a specified period or cover only a single absence; may cover all rights, privileges and powers of the official or may be limited; must be made in writing, indicating the individual by name and title and specifying the period during which the designation will be effective; and may be revoked, in writing, at any time.

(c) The Regional Director may designate more than one individual and the order of succession between them. This may be accomplished by a single comprehensive delegation (see suggested form) or by separate delegations which indicate the order of succession by showing in each, the officials whose absence will make the delegation operative for the respective individuals.

(d) The following is a suggested form of designation. If the delegation is to be limited, the Regional Director will substitute the description of the functions to which the delegation is limited for the phrase "all rights, privileges, and powers (including the authority to execute all instruments in connection therewith) vested in me", in this form.

Pursuant to the authority vested in me as Regional Director of the Farm Security Administration for Region I hereby desig

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(e) The above-described form of designation and any revocation thereof will be prepared in an original and two copies plus such additional copies as may be needed for distribution to affected offices. Distribution will be made as follows: Original to the designated individual; one copy to the Finance Area Manager; one copy for filing in the Regional Communications and Records Section of the BM Division and one copy to each office affected.

(f) The designated individual will sign all documents under such an authorization with his own signature over his temporary title, "Acting Regional Director."

Subchapter G-Farm Ownership

PART 361-DELEGATIONS

Delegations of authority. [Amended]

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(ii) Submitting application to regional director. (a) When an FO borrower has indicated his intention to pay his loan in full, the FSA Supervisor will advise the Regional Director, by letter, of the borrower's intention. (This will not be necessary if payment is to be made from the proceeds of a sale which has been approved previously by the Administrator or the Regional Director.) source of funds from which the payment is to be made will be indicated; it will also be indicated whether the borrower is to remain on the farm and continue farming operations, or, if not, whether the property will continue to be operated as a family-type farm. If the Regional Director approves the acceptance of final payment he will so advise the FSA Supervisor.

(b) At the time that the FSA Supervisor requests the Regional Director's approval for the acceptance of final payment, he will request the Finance Area

Office, by letter, to inform him of the unpaid balance of principal and interest of the borrower's account as of the approximate date the borrower expects to make payment, and the daily accrual of interest thereafter. In this letter he will state the date and amount of the last collection received from the borrower, also the schedule number of Standard Form No. 1044, "Schedule of Collections", on which the remittance was scheduled.

(iii) Preparation of receipt. Final payment of the account will be indicated on Form FSA-FI 37, "Receipt for Payment", by inserting immediately above the collector's signature on the yellow, salmon, pink and blue copies the following: "Loan Type --- Fully Paid".

(iv) Surrender of notes. Upon receipt, from the U. S. Treasury Regional Disbursing Office, of the accomplished copy of Standard Form No. 1044 covering the remittance which paid the account in full, the Finance Area Office will immediately prepare Form FSA-597, "Statement of Fully Paid Notes", in triplicate. The original and first copy will be forwarded to the Communications and Records Section in the Finance Area Office city and the second copy will be filed in the Loan Accounting Section. The receipt of Form FSA-597 in the Regional Communications and Records Section will be recognized as authority to surrender the note. The Regional Communications and Records Section will stamp the note with a paid-in-full legend, attach it to the original of Form FSA-597 and forward it to the regional office, attention FO Division (or, in regions with

small case loads, the FO Loan Making and Servicing Section). The copy will be filed in the borrower's case folder.

The

(v) Satisfactions. Upon receipt of Form FSA-597 and the stamped note in the regional office, appropriate entries will be made on the Kardex records and the Regional Attorney will be requested to prepare the satisfaction. stamped note, the original of Form FSA597 and the original and one copy of the executed satisfaction (or two copies if state laws require recording or filing by the mortgagee) will be forwarded to the FSA Supervisor. The original of Form FSA-597 will be filed in the borrower's case folder in the collecting office and the stamped note delivered promptly to the borrower. (The regional office will issue instructions to collecting officials as to the length of time paid notes and satisfactions should be held for actual delivery to the borrower pending final clear

ance of the collection item, when the final payment is in a form other than a Treasury check, cashier's check or money order.) The original satisfaction will be delivered to the borrower for recording or filing if desired, and the copy will be retained in the collecting office. However, if state laws require recording or filing by the mortgagee and two copies have been supplied by the regional office, the original will be recorded or filed by the collecting official and a copy delivered to the borrower. (For instructions with respect to payment of fees, see paragraph VIII D of FSA Instruction 462.2.) 1

(vi) Prior releases confirmed. All releases heretofore executed by Regional Directors or their delegatees upon final payment of FO loans are hereby confirmed. [Subparagraph (10) added Jan. 20, 1944, 9 F.R. 824]

Subchapter J-Miscellaneous Farm Assistance

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AUTHORITY: §§ 390.1 to 390.7, inclusive, issued under 57 Stat. 542.

SOURCE: §§ 390.1 to 390.7, inclusive, contained in FSA Instruction 471.1, Revised, June 2, 1944, 9 F.R. 6117.

§ 390.1 General. In July of 1943 Congress made available to the Secretary of Agriculture a fund of $15,000,000 for assistance to farmers whose property was destroyed or damaged by floods in 1943. Current legislation has made available the unused balance of this fund for assistance to farmers whose property was destroyed or damaged by floods or windstorms in 1944. The Secretary of Agriculture has designated the Farm Security Administration as the Agency to administer the Flood and Windstorm Restoration Program.

(a) Purpose of program. The Flood and Windstorm Restoration Program will provide assistance to farmers in designated counties, who, because of

damage or destruction of property by such floods or windstorms, will not be in a position to continue agricultural production needed in the war unless credit and/or grants are made available from this source. The purpose of this program is to correct situations which appear reasonably to have resulted from such floods or windstorms and to enable eligible farmers, (1) to resume or continue agricultural production in 1944, or (2) to make arrangements for such production in 1945.

(b) Scope of program. The Flood and Windstorm Restoration Program will be restricted to counties designated by the Secretary of Agriculture. No activity will be initiated in any county until the regional director of the Farm Security Administration has been officially notified of such designation by the Secretary of Agriculture. Regional directors will submit recommendations for the designation of counties and will include information regarding the date and extent of damage and whether such damage was caused by flood or windstorm or both to the Office of the Administrator for referral to the Secretary of Agriculture.

(c) Local assistance from other agencies. Although the actual making of

'Not filed with the Division of the Federal Register.

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