TITLE 49 - TRANSPORTATION
SUBTITLE A - OFFICE OF THE SECRETARY OF TRANSPORTATION
PART 1 - ORGANIZATION AND DELEGATION OF POWERS AND DUTIES
subpart c - DELEGATIONS
Appendix A to Part 1 - Delegations and Redelegations by Secretarial Officers
1. Director of Budget. The Assistant Secretary for Budget and Programs has redelegated to the Director of Budget authority to: (a) Request apportionment and reapportionment of funds by the Office of Management and Budget, provided that no request for apportionment or reapportionment which anticipates the need for a supplemental appropriation shall be submitted to the Office of Management and Budget without appropriate certification by the Secretary.
(b) Issue allotments or allocations of funds to components of the Department.
2. Chief Counsels. The General Counsel has delegated to the Chief Counsels the authority delegated to the General Counsel by Amendment 141 to part 1 of title 49, Code of Federal Regulations, 35 FR 17653, November 17, 1970, as follows: Section 855 of the Revised Statutes, as amended by Public Law 91393, 84 Stat. 835 (40 U.S.C. 255) authorizes the Attorney General to delegate to other departments and agencies his authority to give written approval of the sufficiency to the title to land being acquired by the United States. The Attorney General has delegated to the Assistant Attorney General in charge of the Land and Natural Resources Division the authority to make delegations under that law to other Federal departments and agencies (35 FR 16084; 28 CFR 0.66). The Assistant Attorney General, Land and Natural Resources Division, has further delegated certain responsibilities in connection with the approval of the sufficiency of the title to land to the Department of Transportation as follows: delegation to the department of transportation for the approval of the title to lands being acquired for federal public purposes Pursuant to the provision of Public Law 91393, approved September 1, 1970, 84 Stat. 835, amending R.S. 355 (40 U.S.C. 255), and acting under the provisions of Order No. 44070 of the Attorney General, dated October 2, 1970, the responsibility for the approval of the sufficiency of the title to land for the purpose for which the property is being acquired by purchase or condemnation by the United States for the use of your Department is, subject to the general supervision of the Attorney General and to the following conditions, hereby delegated to your Department.
This delegation of authority is further subject to: 1. Compliance with the regulations issued by the Assistant Attorney General on October 2, 1970, a copy of which is enclosed.
2. This delegation is limited to: (a) The acquisition of land for which the title evidence, prepared in compliance with these regulations, consists of a certificate of title, title insurance policy, or an owner's duplicate Torrens certificate of title.
(b) The acquisition of lands valued at $100,000 or less, for which the title evidence consists of abstracts of title or other types of title evidence prepared in compliance with said regulations.
As stated in the above-mentioned Act, any Federal department or agency which has been delegated the responsibility to approve land titles under the Act may request the Attorney General to render his opinion as to the validity of the title to any real property or interest therein, or may request the advice or assistance of the Attorney General in connection with determinations as to the sufficiency of titles.
The Chief Counsels of the Federal Aviation Administration, Federal Highway Administration, Federal Railroad Administration, National Highway Traffic Safety Administration, Federal Transit Administration, the St. Lawrence Seaway Development Corporation, Maritime Administration, and Research and Special Programs Administration are hereby authorized to approve the sufficiency of the title to land being acquired by purchase of condemnation by the United States for the use of their respective organizations. This delegation is subject to the limitations imposed by the Assistant Attorney General, Land and Natural Resources Division, in his delegation to the Department of Transportation. Redelegation of this authority may only be made by the Chief Counsels to attorneys within their respective organizations.
If his organization does not have an attorney experienced and capable in the examination of title evidence, a Chief Counsel may, with the concurrence of the General Counsel, request the Attorney General to (1) furnish an opinion as to the validity of a title to real property or interest therein, or (2) provide advice or assistance in connection with determining the sufficiency of the title.
(49 CFR 1.45(a) and 1.53(a); 49 U.S.C. 322) [Amdt. 1113, 40 FR 43901, Sept. 24, 1975] Editorial Note: For Federal Register citations affecting appendix A to part 1, see the List of CFR Sections Affected which appears in the Finding Aids section of the printed volume and on GPO Access.
This document cites
- US Code - Title 49: Transportation - 49 USC 322 - Sec. 322. General powers
- Code of Federal Regulations - Title 28: Judicial Administration - 28 CFR 0.66 - Delegation respecting title opinions.
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