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justment is not to be considered as effective as a settlement under this act until

the provisions of the adjustment arrangement have been carried out.

(e) "Cancellation" means the complete discharge, without payment, of the indebtedness and the debtor. (10 F. R. 807, Jan. 23, 1945, as amended at 11 F. R. 11984, Oct. 15, 1946) $ 3.3 Settlement of indebtedness.

(a) Indebtedness will be compromised, adjusted, or canceled, upon applicability by the debtor except in those cases where it is found that it is legally impossible for the debtor to make application, and upon the making of all the following findings: I (1) That said indebtedness has been due and payable for five years or more;

(2) That the debtor is unable to pay said indebtedness in full and has no reasonable prospect of being able to do so; officers of the Department shall not make such findings on the basis of mere unwillingness to pay on the part of the debtor, or mere financial disadvantage to him, but should find that the settlement is the most advantageous arrangement possible from the standpoint of the Government under the findings prescribed in this part. In no event shall cancellation be made unless, in addition to the foregoing requirements, there is an advantage in removing the indebtedness from the accounts.

(3) That the debtor has acted in good faith in an effort to meet his obligation; and

(4) That the principal amount of said indebtedness is not in excess of $1,000.

(b) Indebtedness may also be canceled -- without application when any one of the following circumstances is found:

(1) The amount of said indebtedness, including interest, is less than $10; such efforts of collection have been made as are warranted under the circumstances, and the cost of collection or of continued maintenance of accounts is deemed greater than the amount of the indebtedness;

(2) The debtor is deceased and there is no reasonable prospect of recovering from his estate;

(3) The debtor's whereabouts has remained unknown for two years and there is no reasonable prospect of obtaining

collection; heads of agencies designated in § 3.5 will prescribe procedures which will assure that cancellations on this - ground will be made only after a diligent effort has been made to locate the debtor,

including such contact with other agencies of the Department or otherwise as the amount of the indebtedness and the circumstances warrant;

(4) The debtor has been discharged of the indebtedness in any proceeding under "An act to establish a uniform system of bankruptcy throughout the United States."

(5) It is impossible or impracticable for legal or other reasons to obtain the debtor's application but all of the findings required by paragraph (a) of this section are made. [10 F.R. 807, Jan. 23, 1945, as amended at 12 F.R. 441, Jan, 22, 1947, 21 F.R. 3213, May 16, 1956) $ 3.4 Investigations and findings.

The heads of agencies designated in § 3.5 shall prescribe procedures for the conduct of investigations to determine the facts incident to the settlement of any indebtedness. These procedures should include, among other things, provisions for consultations with local authorities, businessmen, or local representatives of other Government agencies, or for obtaining the recommendations of committees or other groups or persons designated by each agency for assistance in its regular program, or otherwise. The file relating to each debtor shall contain the formal findings required by $ 3.3, together with such evidence as has been obtained in support of such findings.

In order to effect uniformity in settlements, agency procedures should also provide that, where it appears from the application of the debtor or from investigation that the debtor is otherwise indebted to the United States, to the extent practicable consultation should be had (other than in cases under $ 3.3 (b) (1) and (4) with any other creditor agencies, to ascertain pertinent information as to the status of such other obligation or obligations. Such information shall be considered in connection with the settlement and for inclusion in the findings.

The head of each agency shall provide for review of proposed indebtedness settlements within his agency by officers or employees designated for that purpose under such conditions as he shall determine to be adequate to insure the protection of the interests of the United States. $ 3.5 Delegations of authority.

The heads of any administration or other agency having jurisdiction over any of the acts or programs listed in

.

$ 3.10 (including those of Commodity Credit Corporation and Federal Crop Insurance Corporation) are hereby authorized, within their respective jurisdictions, to exercise any or all of the functions prescribed by this part. The head of each of such agencies may delegate and authorize the redelegation of any of the functions vested in him by this part: Provided, That the determination of any settlement shall not be delegated beyond the head of the highest field office having jurisdiction, except that in the case of the Agricultural Stabilization and Conservation State Ofices, such authority may also be delegated to the State Administrative Oficers and except that in the case of the Farmers Home Administration, such authority may also be delegated to Assistant State Directors and Chiefs, Production Loan Operations, in State offices of that administration. (21 F. R. 3213, May 16, 1956] § 3.6 Forms and records.

The Office of Budget and Finance may prescribe or approve forms for applications for settlement of indebtedness under this part; and shall require each agency to establish records to insure the immediate availability of necessary information of operations under this part.

Each agency shall furnish to the Office of Budget and Finance a report of operations under this part quarterly, or for such other periods as the Director of Finance may designate. (21 F. R. 3213, May 16, 1956) $ 3.8 Penalties.

The act prescribes the punishment by a fine of not more than $1,000 or imprisonment for not more than one year, or both, upon conviction, for anyone making any material representation, knowing it to be false, for the purpose of influencing in any way the action of the Secretary or of any person acting under his authority in connection with any compromise, adjustment, or cancellation of indebtedness provided for in the act. The act also prohibits the acceptance by any oficer, employee, or other person to whom is delegated any power or function under the act, of any fee, commission, gift, or other consideration. directly or indirectly, for or in connection with any transaction or busi. ness relating to the compromise, adjustment, or cancellation of indebtedness under the act.

8 3.9 Indebtedness referred to Secretary

of the Treasury or the Attorney Gen.

eral. No settlement shall be effected under this part if the indebtedness is pending before the Secretary of the Treasury for compromise, or the Attorney General for collection. $ 3.10 Scope of the act.

The authorities prescribed in this part are applicable to indebtedness arising from loans or payments made or credit extended pursuant to the following acts and programs:

1. Act of July 1, 1918 (40 Stat. 635), Loans for seed.

2. Act of March 3, 1921 (41 Stat. 1347), Loans for seed.

3. Act of March 20, 1922 (42 Stat. 467), :. Loans for seed.

4. Act of April 26, 1924 (43 Stat. 110), Loans for seed and feed.

5. Act of February 25, 1927 (44 Stat. 1245), Loans for seed, feed and fertilizer.

6. Act of February 28, 1927 (44 Stat. 1251), Hurricane damage loans.

7. Act of February 25, 1929 (45 Stat. 1806), as amended May 17, 1929 (46 Stat. 3), Loans for seed, feed and fertilizer and to vegetable and fruit growers.

8. Act of March 3, 1930 (46 Stat. 78–79), as amended April 24, 1930 (46 Stat. 254), Loans for seed, feed, fertilizer, fuel and oil.

9. Act of December 20, 1930 (46 Stat. 1032), :| as amended February 14, 1931 (46 Stat. 1180), Loans for seed, feed, fertilizer, fuel and ou... and crop production, and for assisting in! forming local agricultural credit corpora- % tions, livestock loan companies, or like or- 7 ganizations.

10. Act of February 23, 1931 (46 Stat. 1276), Loans for seed, feed, fertilizer, fuel and oil. 3

11. Act of January 22, 1932 (47 Stat. 5), Loans for crop production.

12. Act of March 3, 1932 (47 Stat. 60), Loans for agricultural credit corporations, livestock loan companies, or like organiza. tions.

13. Act of February 4, 1933 (47 Stat. 795), Loans for crop production and harvesting.

14. Act of February 23, 1934 (48 Stat. 354), Loans for crop production and harvesting.

15. Act of June 19, 1934 (48 Stat. 1056), Loans for emergency relief and for seed, feed, freight, summer fallowing and similar purposes.

16. Act of February 20, 1935 (49 Stat. 28), Loans for crop production and harvesting.

17. Act of March 21, 1935 (49 Stat. 50), apo ! propriation to effectuate Act of February 20, 1935.

18. Act of April 8, 1935 (49 Stat. 115), E. O. 7305, Loans for crop production and harveste ! ing.

19. Act of January 29, 1937 (50 Stat. 5), 4! Loans for crop production and harvesting.

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46. Act of June 28, 1944 (58 Stat. 425), Loans for rural rehabilitation.

47. Flood restoration loans, Second Deficiency Appropriation Act, 1943 (57 Stat. 537, 542).

48. Subsequent legislation appropriating or making available funds for such loans as those listed under numbers 33 through 47 made by or through Resettlement Administration or the Farm Security Administration.

49. Commodity loan, purchase, sale and other programs of the Commodity Credit Corporation;

50. Crop-insurance programs formulated pursuant to Title V of the Agricultural Adjustment Act of 1938 (the Federal Crop Insurance Act), and any amendment or supplement thereto beretofore or hereafter en. acted.

51. Any indebtedness of farmers evidenced by notes or accounts receivable, title to which has been acquired in the liquidation of loans to cooperative associations made under the provisions of the Act of June 15, 1929 (46 Stat. 11). (Sec. 2, 58 Stat. 836; 12 U. S. C. 1150a)

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20. Act of February 4, 1938 (52 Stat. 27), Loans for crop production and harvesting.

21. Agricultural Adjustment Act (of 1933), as heretofore amended.

22. Bankhead Cotton Act of April 21, 1994, € as heretofore amended, on account of the 3 several cotton tax-exemption certificate pools.

23. Jones-Connally Cattle Act of April 7, 1994, as heretofore amended.

24. Emergency Appropriation Act, iscal year 1985, approved June 19, 1934 (48 Stat. 1056), as heretofore amended, (amendment to Agricultural Adjustment Act of 1933, relating to cotton option contracts.)

25. Kerr Tobacco Act of June 28, 1984 and Public Resolution No. 76 of March 14, 1936 as heretofore amended.

26. Section 32 of the Act of August 24, 1996 and related legislation,

beretoforo amended.

27. Supplemental Appropriation Act, Ascal year 1936, as heretofore amended, (rental and benefit payments and cotton price adjustment payments).

28. Sections 7 to 17 of the Soil Conserves tion and Domestic Allotment Act as heretofore amended.

29. Sugar Act of 1937 heretofore amended.

30. Sections 303 and 381 (a) of the Agricultural Adjustment Act of 1938 and related or subsequent legislation as heretofore amended, authorizing parity or adjustment payments.

31. Title IV and Title V of the Agricultural Adjustment Act of 1938 and related legisla

tion, as heretofore amended, (Cotton Pool 1 Participation Trust Certificates (Title IV). and crop insurance (Title V)).

32. Any other Act of Congress heretoforo enacted authorizing payments to farmers under programs administered through the Agricultural Adjustment Agency.

83. Act of April 8, 1935 (49 Stat. 115), 1: Loans for rural rehabilitation and relief.

34. Act of June 22, 1936 (49 Stat. 1608), Loans for rural rehabilitation and relief.

35. Act of February 9, 1937 (50 Stat. 8). Loans for rural rehabilitation and relief.

36. Act of June 29, 1937 (50 Stat. 352). Loans for rural rehabilitation and relief.

37. The Bankhead-Jones Farm Tenant Act (50 Stat. 522 et seq.).

38. The Water Facilities Act of August 28, 1937 (50 Stat. 869 et seq.).

39. Act of March 2, 1938 (52 Stat. 89, Pub. Res. 80), Loans for rural rehabilitation and

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PART 4—CLAIMS AGAINST IN

DEMNITY FUND UNDER PRO-
GRAMS ADMINISTERED BY AGRI-
CULTURAL STABILIZATION AND
CONSERVATION COUNTY COM-

MITTEES Sec. 4.1 Identification of fund. 4.2 Claims by producers for losses sustained

from erroneous destruction of crops. 4.3 Filing of claims. 4.4 Recoveries.

AUTHORITY: The provisions of this Part 4 Issued under sec. 375, 52 Stat. 66 as amended, sec. 403, 61 Stat. 932, sec. 124, 70 Stat. 198, sec. 16, 49 Stat. 1151, as amended; 7 U.S.C. 1375, 1153, 1812, 16 U.S.C. 590p; Comp. Gen. Decision A-44002, Nov. 1, 1938.

SOURCE: The provisions of this Part 4 appear at 26 F.R. 8659, Sept. 16, 1961, unless otherwise noted. 8 4.1 Identification of fund.

A general Indemnity Fund is maintained in the Treasury of the United States for indemnifying certain losses arising through discharge of Agricultural Stabilization and Conservati (hereinafter referred to as ASC) county committee responsibilities. § 4.2 Claims by producers for losses

sustained from erroneous destruction

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relief.

40. Act of June 21, 1938 (52 Stat. 809), Loans for rural rehabilitation and relief.

41. Act of June 30, 1939 (53 Stat. 927), in Loans for rural rehabilitation and relief. 0

42. Act of June 26, 1940 (54 Stat. 611), Ton Loans for rural rehabilitation and relief.

43. Act of July 1, 1941 (55 Stat. 408), 1 Loans for rural rehabilitation.

44. Act of July 22, 1942 (56 Stat. 664), Loans for rural rehabilitation.

45. Act of July 12, 1943 (57 Stat. 992), ap

Loans for rural rehabilitation.

of crops.

Losses sustained by producers from the destruction of crops under any program assigned or hereafter assigned to

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ASC county committees as a result of reliance on erroneous written information furnished by ASC committeemen or employees of ASC committees may be indemnified therefor under the following conditions:

(a) The destruction was caused by reliance in good faith by the farm operator on a notice of measured acreage which was in fact erroneous;

(b) Neither the farm operator nor any producer on the farm had actual knowledge of the error in time to arrange for remeasurement in accordance with applicable regulations;

(c) The incorrect notice was the result of an error by an ASC committeeman or an employee of an ASC committee in reporting, computing, or recording an acreage for the farm;

(d) The extent of the error was such that the farm operator could not reasonably be expected to question the acreage of which he was erroneously notified;

(e) There was no fraud, deceit, error, or failure to cooperate on the part of any producer on the farm which contributed to the erroneous determination of acreage;

(f) The claim is made to the ASC county committee within 90 days of the date of destruction; provided, however, the ASC county committee may request the ASC State committee to obtain an extension from the Deputy Administrator, State and County Operations, Agricultural Stabilization and Conservation Service, Washington, D.C., of the period during which the claim may be made if:

(1) There is evidence that the claim would have been eligible for filing if it had been made within the 90-day period; and

(2) The claimant did not become aware of the erroneous destruction in time to file within the 90-day period;

(g) The amount of indemnification to be paid the producer shall be recommended by the county committee to reflect the loss of net income from the crop erroneously destroyed. In determining such amount, the ASC county committee shall take into consideration:

(1) The actual yield per acre on the acreage actually harvested and the proceeds from the harvested acreage;

(2) The estimated costs which would have been incurred by the producer in producing, harvesting and marketing the crop on the acreage destroyed had the crop on such acreage been harvested and marketed;

(3) The net return from any replacement crop grown and marketed; and

(4) If sugar crops are destroyed, the approximate amount of Sugar Act payments which would have been made if such acreage had been carried to harvest. & 4.3 Filing of claims.

(a) who must file. Claim must be made to the ASC county committee by the interested party or his duly authorized agent. If the original claimant(s) has died, the claim must be made by the successor(s) in interest to the deceased claimant(s).

(b) How to file. The party making the claim must file a statement of facts describing: (1) The circumstances under which the loss occurred, (2) the extent of the loss suffered, and (3) the method used in determining the extent of the loss. The claim shall be filed with the ASC county committee in the county in which such loss occurred.

Since payment from the Indemnity Fund is proper only where there has been negligence or error, either willful or not, on the part of ASC committeemen or employees of ASC committees, it is necessary that this fact be clearly indicated either in the claim itself or in an accompanying ASC committee explanation.

(c) Processing claims. Claims will be transmitted by the ASC county committee, through administrative channels, to the Claims Division, General Accounting Omce, Washington 25, D.C., for final determination and settlement. The ASC county committee shall attach a recommendation that the claim be honored or denied. In addition, where appropriate & supplemental statement concerning the claim shall be included by the ASC committee. § 4.4 Recoveries.

The existence of the Indemnity Fund does not impair the right or lessen the obligation of the Government or private persons to utilize all provisions of law to recover from the responsible person(s) the amount of any loss which was caused by his gross negligence or fraudulent action,

PART 5-DETERMINATION OF

PARITY PRICES Sec. 5.1 Parity index and index of prices received

by farmers. 5.2 Marketing season average price data. 5.3 Selection of calendar year price data.

Sec.
5.4 Commodities for which parity prices

shall be calculated.
5.5 Publication of season average, calendar

year, and parity price data. 5.6 Revision of the parity price of a com

modity. AUTHORITY: The provisions of this Part 6 issued under sec. 375, sec. 301, 52 Stat. 66, 38; 7U.S.C. 1375, 1301. $ 5.1 Parity index and index of prices

received by farmers. (a) The parity index for the purpose of calculating parity prices after January ť 1, 1959, according to the formula con

tained in section 301(a) of the Agriculab tural Adjustment Act of 1938, as amendte ed by the Agricultural Acts of 1948, 1949,

1954, and 1956 (hereinafter referred to I as section 301(a)) shall be the index of

prices paid by farmers, interest, taxes,

and farm wage rates, as revised January E: 1959 and published in the January 30,

1959, and subsequent issues (including supplements) of the monthly report, "Agricultural Prices". The publication

of this index by the Statistical ReportE: ing Service in the monthly report, “Agria cultural Prices”, shall be continued.

(b) The measure of the general level pe of prices received by farmers as provided I for in section 301(a) (1) (B) (11) after

January 1, 1959, shall be the index of 1 prices received by farmers as revised 1 January 1959 and published in the Jan

uary 30, 1959, and subsequent issues of “Agricultural Prices”. The simple average of the 120 monthly indices included in the preceding 10 calendar years plus

an adjustment to take account of the en effect on the index of any adjustment

made on average prices of individual commodities as hereinafter specified shall be used in the calculation of the adjusted base prices.

Parity prices heretofore published for A periods prior to January 1, 1959 shall not be revised

(c) The term “milkfat” as used in these regulations is synonymous with the term “butterfat”, and when any statute requires calculation of the parity price of butterfat, the parity price of milkfat shall be the parity price of butterfat. (24 F.R. 697, Jan. 81, 1959, as amended by

Amdt. 6, 24 F.R. 9778, Dec. 5, 1959; Amdt. 16, F 30 F.R. 2521,

Feb. 26, 1965) 8 5.2 Marketing season average price

data. It is hereby found that it is imprac. tical to use averages of prices received by

farmers on a calendar year basis for the following agricultural commodities for the purpose of calculating adjusted base prices and, therefore, marketing season average prices will be used. An allowance for any supplemental payment resulting from price support operations shall be included in the determination of the adjusted base prices. For cigar binder tobacco, types 51-52, for each of the marketing seasons beginning in the years 1949 through 1958, 37.9 cents per pound shall be used in lieu of the average of prices received by farmers for such tobacco during each such marketing season.

BASIC COMMODITIES Extra long staple cotton; peanuts; rice, and the following types of tobacco: Fluecured, types 11-14; Virginia fire-cured, type 21; Kentucky-Tennessee fire-cured, types 22– 23; burley, type 31; dark air-cured, types 35–36; sun-cured, type 37; Pennsylvania seedleaf, type 41; cigar iller and binder, types 42-44 and 53–55; Puerto Rican filler, type 46 (price refers to year of harvest); and cigar binder, types 51-52.

DESIGNATED NONBASIC COMMODITIES Tung nuts; honey, wholesale extracted.

WOOL AND MOHAIR Wool and mohair (including payments made under terms of $ 704 of the National Wool Act of 1954).

OTHER NONBASIC COMMODITIES

CITRUS FRUIT

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Grapefruit; lemons; limes; oranges; and tangerines.

DECIDUOUS AND OTHER FRUIT Apples for processing; apricots for fresh consumption; apricots for processing (except dried); dried apricots; avocados; blackberries; boysenberries; gooseberries; loganberries; black raspberries; red raspberries; youngberries; tart cherries; sweet cherries; cranberries; dates; figs for fresh consumption; figs for processing (except dried); dried figs; grapes, raisins, dried; all grapes excluding raisins, dried; nectarines for fresh consumption; nectarines for processing; olives for processing (except crushed for oil); olives, crushed for oil; olives for canning; peaches for fresh consumption; clingstone peaches for processing (except dried); freestone peaches for processing (except dried); dried peaches; pears for fresh consumption; pears for processing (except dried); dried pears; persimmons; plums (California), for fresh consumption; plums (California), for processing; pomegranates; dried prunes (California); prunes and plums (excluding Callfornia), for fresh consumption; prunes and plums (excluding California), for processing (except dried); strawberries for fresh consumption; and strawberries for processing.

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