៨ assistive technology program for farmers with disabilities (7 U.S.C. 5933). (40) Conduct educational and demonstrational work in cooperative farm forestry programs (16 U.S.C. 568). (41) Provide for an expanded and comprehensive extension program for forest and rangeland renewable resources (16 U.S.C. 1671-1676). (42) Conduct forestry and natural resource education programs, including guidelines for technology transfer (16 U.S.C. 1674). (43) Provide technical, financial, and educational assistance to State foresters and State extension directors on rural forestry assistance (16 U.S.C. 2102). (44) Provide educational assistance to State foresters under the Forest Stewardship Program (16 U.S.C. 2103a). (45) Implement and conduct an educational program to assist the development of urban and community forestry programs (16 U.S.C. 2105). (46) Administer extension education programs in aquaculture (16 U.S.C. 2804 and 2806). (47) Provide educational assistance to farmers regarding the Agricultural Water Quality Protection Program (16 U.S.C. 3838b). (48) Authorize the use of the 4-H Club name and emblem (18 U.S.C. 707). (49) Obtain and furnish Federal excess property to eligible recipients for use in the conduct of research and extension programs (40 U.S.C. 483(d)(2)). (50) Conduct demonstrational and promotional activities related to farm dwellings and other buildings for the purposes of reducing costs and adapting and developing fixtures and appurtenances for more efficient and economical farm use (42 U.S.C. 1476(b)). (51) Provide leadership and direct assistance in planning, conducting, and evaluating extension programs under a memorandum of agreement with the Bureau of Indian Affairs dated May, 1956. (52) Exercise the responsibilities of the Secretary under regulations dealing with Equal Employment Opportunity (part 18 of this subtitle). (53) Administer educational and information services assigned under the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et. seq.), §2.109 and the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251 et. seq.). (54) Provide management support services for the Cooperative State Research Service as agreed upon by the agencies with authority to take actions required by law or regulation. As used herein, the term management support services includes finance, personnel, procurement, property management, communications, paperwork management and related administrative services. (55) Carry out demonstration and educational activities authorized in section 202(c) of the Colorado River Basin Salinity Control Act (43 U.S.C. 1592(c)). (56) Provide educational and technical assistance in implementing and administering the conservation reserve program authorized in sections 12311244 of the Food Security Act of 1985 (Public Law 99-198, 99 Stat. 1509) (16 U.S.C. 3831-3844). (57) Administer grants to 1890 landgrant colleges, including Tuskegee University, to upgrade agricultural and food sciences facilities which are used for research, extension, and resident instruction (7 U.S.C. 3222b). (58) Establish and administer a program for the development and utilization of an agricultural communications network (7 U.S.C. 5926). (b) [Reserved] [57 FR 9658, Mar. 20, 1992, as amended at 57 FR 58961, Dec. 14, 1992; 58 FR 35359, July 1, 1993] §2.109 Director, National Agricultural Library. (a) Delegations. Pursuant to §2.30(a), subject to reservations in §2.30a, the following delegations of authority are made by the Assistant Secretary for Science and Education to the Director, National Agricultural Library: (1) Provide resource information concerning rural electric and telephone use and rural development efforts (7 U.S.C. 917). (2) Act as a catalyst to provide access to leadership training and services programs encompassing private, public, business, and government entities in cooperation with the Extension Service (7 U.S.C. 950aa-1). (3) Develop and maintain library and information systems and networks and facilitate cooperation and coordination of the agricultural libraries of colleges, universities, USDA, and their closely allied information gathering and dissemination units in conjunction with private industry and other research libraries (7 U.S.C. 2201, 2204, 3125a, and 3126). (4) Accept gifts and order disbursements from the Treasury for the benefit of the National Agricultural Library or for the carrying out of any of its functions (7 U.S.C. 2264–2265). (5) Provide for the dissemination of appropriate rural health and safety information resources possessed by the NAL Rural Information Center, in cooperation with State educational program efforts (7 U.S.C. 2662). (6) Provide national leadership in the development and maintenance of library and related information systems and other activities to support the research, extension, and teaching programs in the food and agricultural sciences pursuant to the National Agricultural Research, Extension, and Teaching Policy Act of 1977, as amended (7 U.S.C. 3101 and 3121). (7) Administer the programs and services of NAL consistent with its charge to serve as the primary agricultural information resource of the United States and enter into agreements and receive funds from various entities to conduct NAL activities (7 U.S.C. 3125a). (8) Provide and distribute information and data about Federal, State, local, and other rural development assistance programs and services available to individuals and organizations. To the extent possible, the National Agricultural Library shall use telecommunications technology to disseminate such information to rural areas (7 U.S.C. 3125b). (9) Assemble and collect food and nutrition educational materials, including the results of nutrition research, training methods, other materials related to the purposes procedures, and of the National Agricultural Research, Extension, and Teaching Policy Act of 1977, as amended; maintain such information; and provide for the dissemination of such information and materials 7 CFR Subtitle A (1-1-95 Edition) on a regular basis to State educational agencies and other interested parties (7 U.S.C. 3126). (10) Conduct program evaluations to improve the administration and efficacy of the library and related information systems in the food and agricultural sciences (7 U.S.C. 3317). (11) Enter into contracts, grants, or cooperative agreements to further library and related information programs supporting research, extension, and teaching programs in the food and agricultural sciences (7 U.S.C. 3318). (12) Enter into cost-reimbursable agreements to further library and related information programs supporting research, extension, and teaching programs in the food and agricultural sciences (7 U.S.C. 3319a). (13) Administer the National Agricultural Library, including the farmland information center, pursuant to section 1544(b) of the Farmland Protection Policy Act (7 U.S.C. 4205(b)). (14) Support Department water programs through participation in State water quality coordination programs and dissemination of agrichemical information (7 U.S.C. 5503-5506). (15) Provide a repository of agriculture and ground water quality planning information (7 U.S.C. 5505). (16) Disseminate information on materials and methods of pest and disease control available to agricultural producers through the pest and disease control database (7 U.S.C. 5882). (17) Represent the Department on all library and information science matters before Congressional Committees and appropriate commissions, and provide representation to the coordinating committees of the Federal and State governments concerned with library and information science activities. (18) Represent the Department in international organizational activities and on international technical committees concerned with library and information science activities. (19) Prepare and disseminate computer files, indexes and abstracts, bibliographies, reviews and other analytical information tools. (20) Arrange for the consolidated purchasing and dissemination of printed and automated indexes, abstracts, jour nals, and other widely used information resources and services. (21) Provide assistance and support to professional organizations and others concerned with library and information science matters and issues. (22) Copy and deliver on demand selected articles and other materials from NAL's collections by photographic reproduction or other means within the permissions, constraints, and limitations of sections 106, 107, and 108 of the Copyright Act of October 19, 1976 (17 U.S.C. 106, 107 and 108). (23) Formulate, write, or prescribe bibliographic and technically related standards for the library and information systems of USDA. (24) Assure the acquisition, preservation, and accessibility of all information concerning food and agriculture by providing leadership to and coordination of the acquisition programs and related activities of the library and information systems, with the agencies of USDA, other Federal departments and agencies, State agricultural experiment stations, colleges and universities, and other research institutions and organizations. (25) Determine by survey or other appropriate means, the information needs of the Department's scientific, professional, technical, and administrative staffs, its constituencies, and the general public in the areas of food, agriculture, the environment, and other related areas. 3.22 Definitions. 3.23 Collection by administrative offset. 3.24 Coordinating administrative offset with other Federal agencies. 3.25 Notice requirements before offset. 3.26 Exceptions to notice requirements. 3.27 Inspection of USDA records related to the debt. 3.28 Written agreements to repay debt as alternative to administrative offset. 3.29 Hearings and reviews. 3.30 Stay of offset. 3.31 Agency procedures. 3.32 Offset against amounts payable from Civil Service retirement and disability fund. 3.33 Offset of debtor's judgment against the United States. 3.34 Interest, penalties and administrative costs. 3.35 Disclosure to a credit reporting agency. 3.36 Use of collection agencies. 1150. SOURCE: 10 FR 807, Jan. 23, 1945, unless otherwise noted. Redesignated at 13 FR 6903, Nov. 24, 1948. §3.1 Purposes of the act and regulations. when The principal purposes of the act and of the regulations in this part are to provide means of: (a) Settling, by compromise, adjustment or cancellation relatively small debts long past due and owing to the Government arising from loans or payments made under farm programs administered by the Department; (b) recovering by the Department of substantial sums which are found uncollectible the indebtednesses are treated as full obligations, and which otherwise would probably never be collected; (c) clearing the accounts of balances so small as not to warrant continued efforts of collection; and (d) the clearing of the accounts of the records of indebtedness made uncollectible by reason of the death or disappearance of the debtors. The existence of the act will neither serve as grounds for any relaxation in the general collection policy of the Department nor should it serve as grounds for any lessening of the efforts of farmers to pay their indebtedness. §3.2 Definitions. (a) Department means Department of Agriculture. (b) Indebtedness with respect to any person, means a debt to the Government under each of the acts and programs listed in §3.10. (c) Compromise means final liquidation of the indebtedness through the immediate payment of a portion thereof, and acceptance by the United States of such payment in full satisfaction of the indebtedness. (d) Adjustment means down of the amount of the indebtedthe scaling ness including interest, conditioned upon the payment of the adjusted amount at some specified future time or times; such adjustment is not to be considered as effective as a settlement under this act until the provisions of the adjustment arrangement have been carried out. 7 CFR Subtitle A (1-1-95 Edition) (e) Cancellation means the complete discharge, without payment, of the indebtedness and the debtor. [10 FR 807, Jan. 23, 1945, as amended at 11 FR 11984, Oct. 15, 1946. Redesignated at 13 FR 6903, Nov. 24, 1948; 55 FR 38662, Sept. 20, 1990) §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: (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 proce dures 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 FR 807, Jan. 23, 1945, as amended at 12 FR 441, Jan. 22, 1947. Redesignated at 13 FR 6903, Nov. 24, 1948, and amended at 21 FR 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 indebted ness 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 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 Offices, such authority may also be delegated to the State Administrative Officers 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 FR 3213, May 16, 1956, as amended at 55 FR 18591, May 3, 1990] §3.6 Forms and records. The Office of Management and Budget 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 Management and Budget a report of operations under this part quarterly, or for such other periods as the Director of Finance may designate. [21 FR 3213, May 16, 1956, as amended at 55 FR 38662, Sept. 20, 1990] §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 mak |