officer of the Department shall be referred to the Office of the General Counsel, in order that service of process may be made. In the event an officer of the Department of Agriculture is served with process in such a suit, he shall immediately notify the General Counsel. Any subpoena, summons, or other compulsory process requiring an officer or employee to give testimony, or to produce or disclose any record or material of the U.S. Department of Agriculture, shall be served on the officer or employee of the U.S. Department of Agriculture named in the subpoena, summons, or other compulsory process.

[19 F.R. 4052, July 3, 1954, as amended at 33 F.R. 10273, July 18, 1968]

§ 1.51

Subpart D-Claims

Claims based on negligence, wrongful act, or omission.

(a) Authority of Department—(1) Claims which accrue prior to January 18, 1967. Under the provisions of the Federal Tort Claims Act, 28 U.S.C. 26712680, in effect prior to January 18, 1967, the Department may consider, ascertain, adjust, determine and settle claims for money damages of $2,500 or less against the United States for personal injury, death, or property loss or damage caused by the negligent or wrongful act or omission of any employee of the Department while acting within the scope of his office or employment, under circumstances where the United States, if it were a private person, would be liable, in accordance with the law of the place where the act or omission occurred. This subparagraph applies only to those claims which accrue before January 18, 1967.

(2) Claims which accrue on or after January 18, 1967. Under the provisions of the Federal Tort Claims Act, as amended, in effect on and after January 18, 1967, and the regulations issued by the Department of Justice contained in 28 CFR Part 14, the Department may, subject to the provisions of such Act and regulations, consider, ascertain, adjust, determine, compromise, and settle claims for money damages against the United States for personal injury, death, or property loss or damage caused by the negligent or wrongful act or omission of any employee of the Department while acting within the scope of his office or employment, under circumstances where the United States, if it were a private

person, would be liable, in accordance with the law of the place where the act or omission occurred. This subparagraph applies only to those claims which accrue on or after January 18, 1967.

(b) Procedure for filing claims. Claims may be presented by the claimant, his duly authorized agent or legal representative as specified in 28 CFR 14.3. Standard Form 95, Claim for Damage or Injury, may be obtained from the local office of the Departmental agency which employs the employee who allegedly committed the negligent or wrongful act or omission. The completed claim form, together with appropriate evidence and information, as specified in 28 CFR 14.4, shall be filed with the office from which obtained.

(c) Determination of claims-(1) Delegation of authority to determine claims. The General Counsel, and such Washington and field employees of the Office of the General Counsel as may be designated by the General Counsel, are hereby authorized to consider, ascertain, adjust, determine, compromise, and settle claims pursuant to the Federal Tort Claims Act, as amended, and the regulations contained in 28 CFR Part 14 and in this section. This delegation supersedes that part of the delegation of authority to the General Counsel published in 27 F.R. 5917 which relates to allowance and disallowance of tort claims.

(2) Allowance of claim. If a claim is allowed in full or in part, the Office of the General Counsel will notify the fiscal officer of the departmental agency involved so that such agency may prepare and process an appropriate voucher for payment.

(3) Disallowance of claim. If a claim is denied, the General Counsel, or his designee, shall so notify the claimant, his attorney, or legal representative.

(5 U.S.C. 301, 28 U.S.C. 2671-2680; 28 CFR Part 14) [32 F.R. 1021, Jan. 28, 1967] Claims collection standards.

§ 1.52

(a) Authority of department. The regulations in this section are issued under section 3 of the Federal Claims Collection Act of 1966, 31 U.S.C. 952, and in conformity with the Joint Regulations issued under that Act by the Attorney General and the Comptroller General prescribing standards for administrative collection, compromise, termination of agency collection action, and referral to the General Accounting

Office, and to the Department of Justice for litigation, of civil claims by the Government for money or property, 4 CFR Ch. II.

(b) General collection standards. The Joint Regulations of the Attorney General and the Comptroller General set forth in 4 CFR, Ch. II, are applicable to and controlling on the U.S. Department of Agriculture to the extent that statutes other than the Federal Claims Collection Act of 1966, or authorized regulations issued pursuant to such other statutes, do not establish standards governing the matters covered by such Joint Regulations.

(c) Designation. The head of each agency of the Department, and such persons as may be designated by him for such purpose, with respect to claims of his agency is authorized to perform all of the duties and exercise all of the authority of the Secretary under the Federal Claims Collection Act of 1966, the aforementioned Joint Regulations of the Attorney General and the Comptroller General, and the regulations in this section: Provided, That with respect to claims of $250 or more, exclusive of interest, the head of each such agency may, if he considers it necessary or advisable to do so, direct that no compromise shall be effected or collection action terminated or suspended under authority of such Act and regulations, except with the advice and counsel of the Office of the General Counsel of the U.S. Department of Agriculture. (Sec. 3, 80 Stat. 309; 31 U.S.C. 952) F.R. 2805, Feb. 11, 1967, as amended at 32 F.R. 7835, May 30, 1967]

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(b) Cooperation with television film producers. The Department recognizes that its people and programs constitute a rich source of materials on public services, often dramatic and interesting for their human values, which are suitable for production of films for television showings. The Department welcomes the interest of television film producers in its activities and maintains an "open door" policy with respect to the availability of factual information to such producers, as it does to representatives of other media. As its resources will permit, the Department will work with producers at their request, to assure technical accuracy of scripts and story treatments.

(c) Special working relationships. In those instances where a producer of films for television seeks special Department participation such as the use of official insignia of the Department, or who request special assistance such as the services of technical advisors, use of Government equipment and similar aids which require a material expenditure of public funds, and where the proposed film will further the public service of the Department, the Department will consider entering into a special working relationship with such producer.

(d) News film reporting exempted. Television and news film reporting of Department activities is not covered by this subpart.

§ 1.73 Responsibility.

The Director of Information or his designee will be the authority for the approval of special working relationships on the part of the Department of Agriculture and its agencies. The Director or his designee shall not commit the Department to such special arrangements without proper concurrence and COordination with interested agencies and approval by the appropriate Assistant Secretary or Group Director.

§ 1.74 Basis for special working relationships.

The Department and its agencies may lend special assistance on television films when it is clearly evident that public interests are served. Where special assistance is sought, an individual cooperative agreement will be drawn up between the Department with the Director of Information as its agent, and the producer. Details on such assistance as reviewing stories and scripts, loan of

In requesting special working arrangements the producer must agree to the following stipulations:

(a) The producer must show that he has legal authority to the literary property concerned.

(b) The producer must show access to a distribution channel recognized by the motion picture or television industry. In lieu of complete distribution plans for a television series, a producer must produce satisfactory evidence of financial responsibility (showing financial resources adequate for the defrayment of costs for the proposed undertaking).

(c) The commercial advertising of any show produced, using oral or written rights granted to the producer, shall not indicate any endorsement, either direct or implied, by the U. S. Department of Agriculture or its agencies, of the sponsor's product.

(d) Commercial sponsorship shall be only by a person, firm, or corporation acceptable under the terms of the 1954 Television Code of the National Association of Radio and Television Broadcasters, and all subsequent amendments thereto. Political sponsorship shall not be permitted.

(e) That no production costs shall be chargeable to the U. S. Department of Agriculture.

(f) That such cooperation will not interfere with the conduct of Department programs.

(g) All damages, losses and personal liability incurred by producer will be his responsibility.

(h) That mutual understanding and agreement will be reached upon story, script and film treatment with the Department before film production is begun.

Equipment, locations, and personnel will be available to the extent that such availability is concurrent with normal and usual conduct of the operations of the Department. The Department will check and work with the cooperators to arrange shooting schedules in order to avoid interferences with working schedules.

§ 1.77 Assignment of priorities.

(a) Authority. (1) The Director of Information or his designee will make assignment of priorities for the U.S. Department of Agriculture for a television film company's and/or individual producer's story treatment of the subject matter, but no such priority shall limit use of the subject matter itself.

(2) A priority will be given in writing upon acceptance in writing by the producer of the stipulations in § 1.75 (b). The U. S. Department of Agriculture will hold the producer's treatment of the story material in confidence until the producer has made a public release pertaining to the subject.

(b) Time and scope. A priority will be given on the producer's story treatment for an agreed upon period of time. Requests for cooperation with similar or conflicting ideas and backgrounds will be considered only after holder of the first priority has used the agreed upon time to develop the materials.

(1) Details on priorities will be written into the agreements.

(2) The Director of Information will retain the right to cancel priorities when the producer at any stage violates the provisions of the regulations or of a particular agreement, or when public interest is no longer served.

(3) No priority will be canceled until the producer has had an opportunity to appear before the Secretary of Agriculture or his designee.

§ 1.78 Development of special working relationships.

(a) Preliminary. Prior to the submittal of a script or the rendering of an agreement, assistance may be given by the Department or one of its agencies in outlining story plans, visits to field points, and other incidentals that will assist the producer in determining his course of action.

(b) Request for special working arrangements. Once the decision is made to go ahead with an agreement, either the interested agency or the producer

will make a written submission to the Director of Information, requesting that special working arrangements be established.

(1) In submitting scripts prior or subsequent to executing a written agreement under a special working relationship four (4) copies of the completed script shall be submitted to the Director of Information or his designee, along with a statement of specific requirements and the anticipated production schedule.

(2) No script will be used under a special working relationship without the specific approval of the Director of Information.

(3) Upon approval of the script, the agency of the Department concerned with subject matter will endeavor to arrange for the desired assistance with the stipulations of this policy.

On films on which the Department or one of its agencies provides special assistance it shall be mutually agreed by the producer and the Director of Information what credits shall be given to the Department, and the form these credits will take.

Subpart F-Vending Stands To Be Operated by Licensed Blind Persons

AUTHORITY: The provisions of this Subpart F also issued under sec. 1, 49 Stat. 1559, as amended; 20 U.S.C. 107.

SOURCE: The provisions of this Subpart F appear at 22 F.R. 7169, Sept. 7, 1957, unless otherwise noted.

(b) Vending machines. Where a permit is to be or has been issued for operation of a vending stand by a licensed person, income from vending machines which are determined to be in competition and which would provide the same or similar items which are or could be vended at the stand shall also be granted to the vending stand operator. Vending machine permits shall not be granted in premises where vending opportunities exist for the purpose of avoiding issuance of a vending stand permit.

(c) Existing permits. Where a determination has been made that a permit for the operation of a vending stand or machines by licensed blind persons is to be issued, existing permits which are determined to be in substantial competition with the operation by the blind person shall be terminated as soon as possible under the terms of such permits.

(d) Surveys. Department Agencies shall cooperate with the Department of Health, Education, and Welfare and State licensing agencies in making surveys to determine whether and where vending stands may be properly and profitably operated by blind persons. § 1.93 Procedure.

Where it is determined that a vending stand may be installed, the State licensing agency shall be so advised and the necessary permit agreed upon and issued to it. Permits shall be approved by the Head or designated representative of the Agency having custody of the building or holding the prime lease.

§ 1.94 Special provisions.

(a) Articles to be sold. Items to be provided at vending stands or through vending machines may include, in addition to those specified in 20 U.S.C. 107107f, such items as mutually agreed upon between the State licensing agency and the Department Agency. Items held for sale shall be clean and wholesome and shall be stocked in sufficient quantity to meet the needs of the persons served.

(b) Location. Stands and/or machines shall be so located as to provide reasonable access by the public or employees and at the same time to not constrict or obstruct access and exit to the premises or interfere with the transaction of public business.

(c) Leased premises. If stands and/or vending machines are to be installed in leased premises, the necessary approval of the lessor shall be obtained prior to granting the permit.

(d) Charges for services. No charge shall be made to the permittee for the use of the Government-furnished space or utilities; provided however, the permittee shall assume the responsibility for all cost of installation, maintenance in good repair and tenantable condition, and removal or relocation of the stand and/or vending machines.

(e) Codes and ordinances. The permittee shall be responsible for the operation of the stand and/or machines in compliance with applicable local and state health, sanitation and building codes or ordinances. In the absence of such codes or ordinances, reasonable standards, not inconsistent with regulations of the Department, shall be enforced by the granting agency.

(f) Approval of installation. Any installations involving structural alterations or connections to building services shall be approved by the Department Agency prior to being made.

The per

(g) Termination provision. mit shall provide for termination upon (1) mutual consent, (2) vacation of the premises by the Department, (3) failure to comply with provisions of the permit (see paragraph (h) of this section), and (4) upon written determination by the Department official granting the permit that the Department is unduly inconvenienced or the interests of the United States are adversely affected. A copy of the written determination provided in (4) above shall be furnished to the State licensing agency. (See paragraph (i) of this section.)

(h) Enforcement procedure. If there are significant violations of the terms of this subpart or the permit, the matter I shall be called to the attention of the State licensing agency. Upon failure of the State licensing agency to take action, the matter shall be referred to the Director of Plant and Operations for determination by him, after consultation with the Office of Vocational Rehabilitation, Department of Health, Education, and Welfare, of whether the permit Eshould be terminated.

(i) Disputes. In the event the Department Agency's designated representative and the State licensing agency failed to reach agreement concerning:

(1) Granting of a permit,

(2) Revocation or modification of a permit,

(3) Suitability of stand location,

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(4) Assignment of vending machine proceeds,

(5) Method of operation of the stand, (6) Other terms of the permit (including articles to be sold),

the State licensing agency may request the Director, Office of Plant and Operations, to determine such disagreement. As a part of his consideration, the Director shall obtain a full report from the Department Agency's designated representative from whose decision the appeal is being taken, as well as a statement from the State licensing agency of its position, and shall consult with the Vocational Rehabilitation Administration of the Department of Health, Education and Welfare. The decision of the Director shall be rendered within 90 days after receipt of the request by the State licensing agency for final determination of the dispute, and the decision shall be communicated to all interested parties including the State licensing agency and the Department of Health, Education, and Welfare.

(j) The Director, Office of Plant and Operations, shall furnish to the Department of Health, Education, and Welfare at the end of each fiscal year a consolidated report of the total number of applications for vending stand locations received from State licensing agencies, the number accepted, the number denied and the number still pending. In order to prepare this report, each agency of the Department shall submit to the Director by August 1 the requisite data covering the preceding fiscal year. [22 F.R. 7169, Sept. 7, 1957, as amended at 28 F.R. 8117, Aug. 8, 1963]

Subpart H-Delegation of Authority § 1.201 General delegation of authority.

The head of each agency shall, under the general direction and supervision of the Secretary of Agriculture and the Under Secretary, and the Assistant Secretaries, the Administrative Assistant Secretary, the Director of Agricultural Economics, or the Director of Science and Education, to whom is assigned the general direction and supervision of his agency, direct and supervise the activities of the employees of his agency. Subject to any reservation of authority contained in delegations heretofore or hereafter published in the Federal Register, the head of any agency is hereby delegated authority to take any