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301.5 Resettlement Administration changed to Farm Security Administration. Effective September 1, 1937, the Resettlement Administration is changed to Farm Security Administration. Administrator of the Resettlement Administration shall continue to perform the same functions and be subject to the same limitations as have heretofore been prescribed, but shall, pursuant to the foregoing change, be hereafter known as the Administrator of the Farm Security Administration.* [Sec. Memo. 732, Sept. 1, 1937, 2 F.R. 1800]
301.6 Additional functions. The Administrator of the Farm Security Administration shall perform such of the functions vested in the Secretary of Agriculture under Titles I and II, and related sections of Title IV, of the Bankhead-Jones Farm Tenant Act, as may from time to time be hereafter prescribed. (50 Stat. 522; 7 U.Š.C., Sup., 1000-1029) [Sec. Memo. 732, Sept. 1, 1937, 2 F.R. 1800]
SUBPART-CLAIMS OF DECEASED OR INCOMPETENT EMPLOYEES AND CREDITORS OF THE FARM SECURITY ADMINISTRATION
301.25 Presentation of claims for deceased employees or creditors. Amounts due from the Farm Security Administration, in excess of five hundred dollars ($500), will be paid only to the legally appointed executor or administrator of the estate of the decedent, or as may be ordered by the court. If an executor or administrator has not and will not be appointed, amounts due from the Farm Security Administration, not in excess of five hundred dollars ($500), may be paid to the person or persons who, under the laws of the domicile of the decedent, or an applicable Federal statute, would be entitled to receive the money if administration were had. [Par. 3a, A.O. 156, Mar. 31, 1936]
301.26 Presentation of claims for incompetent employees or creditors. In making claims for amounts due an employee or creditor who has been duly adjudged incompetent, the guardian or committee of the estate of such incompetent will submit a certificate showing the appointment and qualification as guardian or committee, whether bond, if required, has been given, and whether appointment is still in force and effect. [Par. 3b, A.O. 156, Mar. 31, 1936]
301.50 Preferential handling of veterans' applications. Preferential consideration will be given applications of veterans of armed forces of the United States who have applied for benefits of the program of the Farm Security Administration. Applications coming to the Farm Security Administration from the Veterans Administration without approval will be referred to the appropriate public welfare agency authorized to determine need for public aid, with the request that they be given prompt consideration. [Pars. 2b, 3a IV, A.O. 102, rev. 1, Mar. 30, 1936, 1 F.R. 91]
*For statutory citation, see note to § 301.1.
302.1 Agreements respecting payments 302.6
302.2 Selection of families for reset. 302.7 tlement type projects; eligibil
302.3 Same; general selection criteria.
302.4 Same; minimizing costs.
Same; conditions for use of Con-
Same; major provisions of Farm
302.5 Sale and lease of land to reset- 302.25 Limitations in use of Tenure tlement clients. Forms.
Section 302.1 Agreements respecting payments in lieu of taxes. It is the policy of the Farm Security Administration to enter into agreements for the making of payments in lieu of taxes upon the request of the State or political subdivision thereof or other local public taxing unit within whose territorial limits a resettlement type project or rural rehabilitation project for resettlement purposes is located, only when it is contemplated that the title to such project will remain in the United States either temporarily or indefinitely. (Sec. 2, 49 Stat. 2036; 40 U.S.C., Sup., 432) [Par. 2a, A.O. 213, Nov. 28, 1936]
*88 302.1 to 302.25, inclusive, issued under the authority contained in the Emergency Relief Appropriation Act in effect at the time of issuance, sec. 6, 49 Stat. 118, 49 Stat. 1609, sec. 2 (a), 50 Stat. 354; 15 U.S.C., Sup. 728. More specific authority and statutory provisions interpreted or applied are cited in parentheses at the end of the sections affected. The authority delegated to the President by these statutes has been redelegated by him in the Executive orders listed in note to § 301.1.
302.2 Selection of families for resettlement type projects; eligibility. The following groups of families are eligible for resettlement on rural community or infiltration projects:
Families required to be resettled in connection with land use type projects. If such families satisfy the criteria of selection set up for the particular project, they will be given preference.
Destitute and low-income farm families of the following types: Farm owners, farm tenants, croppers, farm laborers or persons who were recently in any of the foregoing classes; other persons with farming experience who are or were recently on relief rolls; other persons with farming experience who are or were recently registered as borrowers or receivers of public aid from a state rural rehabilitation corporation or from the Farm Security Administration; other persons with farming experience who are in default in payments to a Federal Land Bank and are in danger of foreclosure and eviction; other persons with farming experience who are in default to or have been denied credit by the Farm Credit Administration or any agency thereof; and other persons with farming experience, including ex-service men and young married men just entering upon the enterprise of farming, who are found to be similarly in need of public aid.
On the subsistence homesteads type projects the following groups of families are eligible for resettlement:
Low-income, self-supporting families from rural and urban areas desirous of relocating in satisfactory homes outside of or near industrial centers.
Destitute or low-income stranded workers' families who have in the past exhibited a capacity for self-support. (Families required to be resettled in connection with land use type projects are to be considered on their merits as are all applicants for projects of this type.)
The following statements define eligibility for obtaining farms in the farm tenant security projects. (These projects have no connection with tenant purchase or farm tenancy loans to be made under the Bankhead-Jones Farm Tenant Act, 50 Stat. 522; 7 U.S.C., Sup., 10001029.) All candidates for such homes will be referred to the projects by approved referral agencies which will nominate as candidates only families meeting the following requirements:
They must be farm tenants residing in the State in which the project is located.
Their principal occupation during the past 5 years must have been in connection with agriculture.
In general, no families should be considered whose selection would involve moving them a long distance from their present places of residence.
Families already residing on land obtained or purchased for a farm tenant security project are eligible and will be given preference provided they satisfy the criteria of selection for the particular projects. Families required to be resettled in connection with land use type projects of the Farm Security Administration are eligible for resettlement on farm tenant security projects and will be given preference, provided they satisfy the criteria of selection for the particular project. It is not necessary that any candidate be on the rehabilitation or relief rolls.* [Par. 3, A.O. 105, rev. 3, Sept. 25, 1936]
CROSS REFERENCE: For Farm Credit Administration, see Chapter I.
302.3 Same; general selection criteria. Families satisfying the above-mentioned eligibility requirements may be accepted for resettlement, and licensing or other necessary agreements may be executed with them, prior to occupancy, as far as available home or farm units permit, if:
Each family as a whole desires the opportunity being made available.
They evidence an acceptable initiative and resourcefulness.
They show promise of ability to enter into community life and profit from instruction and guidance.
They give reasonable assurance of attaining economic stability sufficient to enable them to meet the rental and other payments on the homes or farms for which they are proposing to obligate themselves. For families approved for rural community or infiltration projects, there must be a reasonable probability of the successful outcome of an acceptable Farm and Home Management Plan. Candidates for farms in farm tenant security projects should have demonstrated in the past successful farm ability and managerial capacity.
Each family has a reputation for paying its debts and meeting its responsibilities.
They have shown sufficient stability of residence. It is desirable. for rural community and infiltration projects, and it is highly important in farm tenant security projects, that the families have some *For statutory citation, see note to § 302.1.
previous knowledge of or connection with the land they wish to occupy.
They are free from infectious diseases and disabilities that are likely to obstruct the fulfillment of obligations. For rural projects, families must pass, before final acceptance, a medical examination.
On all projects, the head of each family is at least 21 years of age. In subsistence homesteads type projects, preference will be given to heads of families under 55 years of age; in rural community and infiltration type projects, preference will be given to heads of families under 50 years of age; and in farm tenant security projects, preference will be given to heads of families who are under 55 years of age.
The applicants are married couples with one or more children or other dependents; in special cases, young married couples without children and families consisting of one spouse and older children may be accepted. For farm tenant security projects, it is preferable that the size of each family be such as to furnish an adequate labor supply without requiring hired labor.
They have occupational, agricultural, or other special experience or training required by the particular project. Such special requirements, if necessary, will be prepared by the regional director as special criteria for that project.
For farm tenant security projects, the applicants have the necessary assets in stock and equipment; that is, it is desirable that they possess, reasonably free from indebtedness, part or all of the work stock, subsistence livestock (such as cows, pigs and chickens), farming equipment, and foodstuffs needed to run them during the next sea
As this may not always be practicable, this criterion may, in the discretion of the regional director, be altered and the necessary modification set up as a special criterion for each project.
They are unable to obtain the necessary loans for homes from other Government agencies or private business concerns.
There will be no discrimination based on nationality, race or creed, but consideration will be given to the homogeneity required, in the families accepted for successful community life.* [Pars. 4a, 4b, A.O. 105, rev. 3, Sept. 25, 1936]
302.4 Same; minimizing costs. To minimize costs, the families to be examined should be assembled on definite dates and at their own expense at central points where they can be met by the physician.* [Par. 4a, A.O. 157, rev. 1, Sept. 21, 1936]
302.5 Sale and lease of land to resettlement clients. Farm Security Administration resettlement and State rural rehabilitation corporation (managed or transferred in trust) land and improvements thereon may be sold to heads of eligible farm families (as prescribed in § 302.2) for resettlement purposes where loans under § 303.116-303.121 for repairs and improvements are not made. The purpose of Form FSA-LE 207, Farm Purchase Contract, is to provide for all of the following: (a) Permit a client to purchase a farm. (b) Provide sufficient rental to pay all operating expenses. (c) Permit the client, as he is able, to make deposits toward the purchase price over and above the rental otherwise payable; the deposits toward the pur
*For statutory citation, see note to § 302.1.
chase price to be in proportion to the income derived from the operation of the farm. (d) Provide sufficient rental to permit the payment of taxes, insurance, management, and maintenance expenses, and accumulate separately a sufficient fund to permit the repayment of the client's equity in case the Contract is canceled.* [Par. I, Adm. Instr. 141, June 4, 1938]
302.6 Same; conditions for use of Contract. (a) Form FSALE 207, Farm Purchase Contract, will be used where all of the following factors are present:
(1) It has been administratively determined that the units on a project will be sold to approved clients.
(2) Farm Management Plans and development of the unit have progressed sufficiently to permit the sale of the unit to a client.
(3) The client involved has been in occupancy under Tenure Form D-2, or other lease form, over a sufficient period of time to determine his acceptability as a client to whom a unit may be sold. The usual period of time should be 5 years. In exceptional cases a two-year period of time may be sufficient.
(4) In some cases it might be desirable to execute the Contract even though the conditions set forth in paragraph (a) (3) of this section are not present.
(5) A construction loan under §§ 303.116-303.121 will not be made to the client.
(b) The Contract may be used in cases where:
(1) A homestead association has been formed.
(2) A homestead association might be formed in the future, but will not be formed by the time the Contract is executed. In such cases the Contract may, at a later date, be assigned to a homestead association, if formed."
(c) The Contract is to be used by clients residing on a project which has been financed partially or wholly with state rural rehabilitation corporation funds but which is under the managerial or trustee supervision of the Farm Security Administration.
(d) The Contract is to be used on rural resettlement type projects and is to be executed by approved clients.
(e) The Contract is not to supersede or modify any existing Temporary Licensing Agreement, Lease or Sublease form, or Tenure form, except Tenure Form C, Form FSA-LE 79, Agreement to Purchase Land. [Par. III, Adm. Instr. 141, June 4, 1938]
302.7 Same; major provisions of Farm Purchase Contract. (a) The purchase price of the property, together with the annual rental, is payable out of agreed percentages of crops harvested by the purchaser and of livestock and poultry products sold by him.
(b) Cash payments are made by the purchaser based on predetermined percentages of the market value (at the time of harvesting of crops or sale of livestock or products) of each of the marketable farm products. These percentages may be changed by mutual consent in writing and are to be paid in cash.
(c) No time limit for the payment of the principal sum is specified.
*For statutory citation, see note to § 302.1.