further allocation or quota is established for such country. Nothing in this subpart shall be deemed to authorize the exportation of flour in violation of the Trading with the Enemy Act, as amended, or any other statute, or any order or regulation issued pursuant thereto.

§ 295.108 Reports by exporters. (a) Each exporter shall, prior to or at the time of giving his first acceptance hereunder, submit to Commodity at the South Agriculture Building, Washington 25, D. C., a certified statement of his unfilled export sale contracts for flour as of the date of this subpart. A statement of the cancelation of any such contracts shall also be submitted to Commodity within 5 days after cancelation. Such statements shall show, with respect to such contracts and cancelations the quantity and kind of the flour, the destination of the flour, and the time within which delivery is required to be made by the exporter.

(b) Each exporter shall report by telegraphic day letter or straight telegram to Commodity at the South Agriculture Building, Washington 25, D. C., within 24 hours after the making thereof, each export sale contract for flour made by him on or after the date of this subpart and shall state in such wire the quantity and kind of flour, destination country, the Regional Director to whom his acceptance has been or will be submitted, and expected date of exportation. The exporter shall, within five days after such export sale contract is reported, confirm such wire by letter. Cancelations of any such contracts shall be reported and confirmed in like time and manner. Each exporter shall also report to Commodity at Washington, D. C., within five days after such exportation, all flour which is exported after the date of this subpart but which is not sold or applied against export sale contracts made after such date.

(c) Proof of exportation and any documents required in connection therewith shall be submitted by the exporter to the Regional Director of Commodity to whom the acceptance was submitted. § 295.109 Exportation of flour under contract prior to announcement. Each exporter who gives an acceptance hereunder shall be deemed thereby to agree that he will export, in addition to the quantity of flour which he is otherwise required to export hereunder, a quantity of flour equal to the quantity covered

by his unfilled export sale contracts as of the date of this subpart. Each such acceptance shall constitute the exporter's certification that he has not canceled, or obtained the cancelation of, any unfilled export sale contract for flour with the expectation or intent of thereafter selling to the same purchaser flour with respect to which he has obtained or will obtain the benefits of this subpart.

§ 295.110 Bond. The exporter shall, prior to or at the time of giving his first acceptance hereunder, furnish to Commodity a bond, in form prescribed by Commodity, in an aggregate amount of at least $10,000. The surety on such bond must be a corporate surety approved by Commodity. Commodity may, by notice at any time, require that the amount of such bond be increased to an aggregate amount of not more than $200,000.

§ 295.111 Records and reports. The exporter shall make available to Commodity, from time to time, as Commodity may request, such of exporter's and such of his affiliates' and subsidiaries' books, records, and accounts, and other documents and papers as Commodity may deem pertinent to any transaction hereunder. The exporter shall furnish to Commodity such information and reports as Commodity may from time to time request, subject to the approval of the Bureau of the Budget pursuant to the Federal Reports Act of 1942. The specific reporting requirements hereof have been approved by the Bureau of the Budget pursuant to the Federal Reports Act of 1942.

§ 295.112 Set-off. Commodity may set-off against any amount owed by it to the exporter any amount owed by the exporter to it.

§ 295.113 Assignment. The exporter shall not, without the written consent of Commodity, assign any right hereunder of the exporter against Commodity.

§ 295.114 For Conversion factors. the purposes of this announcement 100 pounds of flour (other than whole wheat or Graham flour) shall be equivalent to 2.35 bushels of wheat and 100 pounds of whole wheat or Graham flour shall be equivalent to 1.79 bushels of wheat.

§ 295.115 Exclusion from program. If Commodity determines that any ex

porter has not acted in good faith in connection with the submission of any acceptance or claim hereunder or has failed to discharge fully any obligation assumed by him in connection with this subpart, such exporter may be denied the privilege of giving further acceptances hereunder.

§ 295.116 Inability to perform. Commodity shall not be responsible for any failure to deliver, or delay in delivery of, wheat due to any cause beyond its control.

$ 295.117 Definitions. (a) "Exporter" means any individual, corporation, partnership, association, or other business entity engaged in the business of exporting flour.

(b) "Wheat" means wheat produced in the continental United States.

(c) "Bushel" means 60 pounds of wheat weighed before cleaning, but exclusive of dockage.

(d) "Regional Director" means the Regional Director of Commodity Credit Corporation (at Minneapolis, Kansas City, Chicago, or Portland, Oregon) who is responsible for handling the kind of wheat specified in the exporter's acceptance. The Regional Directors are responsible as stated below for handling the various kinds of wheat: Minneapolis Regional Director, all Class I Hard Red Spring, Class II Durum wheat and Class III Red Durum, except as otherwise provided for; Portland, Oregon Regional Director, all wheat with respect to which the flour is to be exported from ports of Washington, Oregon, and California; Kansas City Regional Director, all Class IV, Hard Red Winter Wheat, except as otherwise provided; Chicago Regional Director, all Class V, Soft Red Winter Wheat and other wheats not otherwise provided for. The addresses of the Regional Directors are as follows.

Regional Director, Commodity Credit Corporation, McKnight Building, Minneapolis 1, Minnesota.

Regional Director, Commodity Credit Corporation, Dwight Building, Kansas City 13, Missouri.

Regional Director, Commodity Credit Corporation, 208 South La Salle Street, Chicago 4, Illinois.

Regional Director, Commodity Credit Corporation, Artisans Building, Portland 5, Oregon.

(e) "Ceiling price" means the maximum price (not including any markups or service charges), as determined by Commodity, at which, under regulations of the Office of Price Administration, or its successor, wheat of the particular quality and location may be sold and delivered.

(f) "Port" means United States seaboard port or border point.

(g) "Business day" means any day other than Sunday, and other than December 25, January 1, February 22, July 4, Labor Day, and the fourth Thursday in November.

(h) "Flour" means flour from wheat, farina, and semolina, made from wheat produced in the continental United States and as defined in paragraphs (6), (13), and (15) of section 16 (a) of Revised Maximum Price Regulation No. 2961 issued by the Office of Price Administration, as amended, or as it may be amended or revised from time to time. Flour shall not include wheat products ground for feed for other than human consumption, nor wheat products produced during a continuing process of manufacturing processed wheat products other than flour or flour mixes.

(i) "Eligible export sale" means an agreement to sell flour, for permanent physical removal from the continental United States to a country to which, at the time such agreement is made, exportation would satisfy the exportation requirement hereof, which is entered into during the time this subpart is in effect, which is reported to Commodity pursuant to § 295.108 (b), and which is not canceled.

§ 295.118 Revocation, amendment. This subpart may be revoked or amended by Commodity at any time by announcement to such effect or by filing notice of such revocation or amendment with the Division of the Federal Register, but such revocation or amendment shall not affect any acceptance filed prior to the time such announcement is made or such notice of revocation or amendment is filed.

1 Tabulated in Chapter XI of Title 32.

Sec. 300.9

PART 300-GENERAL

Authorization of the Administrator to approve sales of real property and execute deeds. [Revoked] 300.11 Delegation of authority to Administrator to approve sales of real and personal property and to carry out the expeditious liquidation of projects. [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. [Added] 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 functions. [Added]

300.14 Delegation of authority with respect to programs of Farm Security Administration. [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 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.

now

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 delegate such of the powers as are hereby conferred upon him. (R.S. 161; 5 U.S.C. 22) [Admin. Memo. 37, Mar. 13, 1944, 9 F.R. 2840]

§ 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. (a) Regional Directors of the Farm Security Administration are hereby authorized on behalf of the United States, in accordance with applicable provisions of FSA instructions and otherwise:

(1) To sell and dispose of all real and personal property or any interests therein under the jurisdiction of the Farm Security Administration, including such property held in trust for State rural rehabilitation corporations and to execute on behalf of the United States all deeds and other instruments necessary in connection with such sales.

(2) 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 land or property or taken as security for the purchase price in connection with such sale; to execute and perform all notices, consents, or other acts to be given or done by the United States under the aforesaid agreements or security instruments; to do and perform all things necessary for servicing, renewing and collecting outstanding indebtednesses in favor of the United States and to accept, record, release and satisfy instruments of security of all kinds and upon default in any payment or obligation, to enforce payment by realizing upon security.

(b) All transactions authorized hereunder shall conform to all applicable requirements of law and all applicable regulations of the Department of Agriculture.

(c) In the absence of the Regional Director of the 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 Acting Regional Director of the Farm Security Administration.

(d) This section shall be effective as of the 27th day of April 1944, and previous delegations of authority relating to matters to which reference is herein made are hereby superseded. All other delegations of authority not in conflict herewith shall remain in full force and effect. (§ 300.11 of this chapter) [A.L. 672, Apr. 27, 1944, 9 F.R. 4523]

§ 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 functions. Regional Directors of Farm Security Administration are hereby empowered on behalf of the United States, to the extent provided in, and pursuant to and in accordance with the provisions of applicable FSA Instructions and specific authorizations from time to time issued or to be issued:

(a) To approve the sale and disposition of real and personal property or any interest therein acquired by defense relocation corporations and land purchasing and development associations under programs administered by Farm Security Administration; to release individual tracts of land from the security of the Government represented by mortgages or other liens on such acquired property; and to exercise, for and on behalf of United States of America, all rights, privileges and powers of the Government under the terms of any agreement or instrument heretofore or hereafter entered into in connection with the sale of such property, or taken in connection with such sale as security for the sale price.

(b) To determine whether any land held by the United States under the supervision of the Secretary of Agriculture or the War Food Administrator pursuant to Executive Order 7530, dated December 31, 1936, as amended by Executive Order 7557, dated February 19, 1937, is suitable for the purposes of Title I of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1000-1008).

(c) Upon determination that lands referred to in (b) hereof are suitable for the purposes of Title I, to utilize such land for the purposes of said title; to sell and dispose of any such land pursuant to the authority contained in sec. 43 of the Bankhead-Jones Farm Tenant Act; to make loans for the necessary improvements thereon, upon such terms as