provide Federal participation in relocations costs on the terms specified in section 211(a) of the Act. Applicants or grantees will be requested to certify that additional applicant funds are or will be available to cover the non-Federal portion of relocation expenses. In the event that neither the Federal nor the nonFederal financial resources are adequate to meet the estimated costs of relocation payments and assistance, the project must be relocated.

NOTE: It is unlikely that a project where construction is underway on January 2, 1971, and is thus impossible to relocate would have caused displacement of persons after January 2, 1971.

§ 15.38

Advance DHEW payments.

Section 211 (c) of the Act allows the Secretary to advance Federal funds to State agencies to cover the costs of relocation payments or assistance if he determines that advance payments are necessary for the expeditious completion of a program or project. Requests for application of this provision to individual projects will be evaluated by the Secretary in terms of the time considerations, methods being used by the displacing agency to finance the project or program, and whether the relocation assistance is being rendered direct or by contract.

(a) Identification of the real property and the estate or interest therein to be acquired including the buildings, structures, and other improvements on the land as well as the fixtures considered to be a part of the real property.

(b) The amount of the estimated just compensation as determined by the acquiring agency and a statement of the basis therefor.

(c) If only a portion of the property is to be acquired, a separate statement of the estimated just compensation for the real property interest to be acquired and, where appropriate, damages and benefits to the remaining real property.

tion of Federal property to prescribe regulations, with the approval of the President, to assure that preference including assignment of vending machine income to achieve and protect that preference.

§ 20.2 Department policy on permits for vending stands.

(a) Pursuant to these responsibilities and subject to paragraph (b) of this section, it will be the policy of this Department with respect to property of which it is in control of the maintenance, operation, and protection, to issue a permit authorizing the operation of such vending stands (which term includes vending machines) without charge for space or necessary utilities as, in the opinion of the State licensing agency, are suitable for operation by a licensed blind person and for which the State licensing agency makes application.

(b) The application of a State licensing agency for a permit may be denied or revoked if the Secretary determines that the interest of the United States would be adversely affected or this Department unduly inconvenienced by its issuance or continuance. Loss of revenue by reason of granting a rent-free permit for operation of a vending stand by a licensed blind person shall not be a basis for denying such permit as unduly inconveniencing this Department or adversely affecting the interest of the United States. If a constituent believes factors other than loss of revenue justify denial or revocation of a permit for the operation of a vending stand by a licensed blind person, it shall refer the matter to the Secretary, together with the recommendation of the Director of the Office of Vocational Rehabilitation.

(c) No permit, lease, or other arrangement for the operation of a vending stand (which term includes vending machines) on property, the maintenance, operation, and protection of which is in a constituent, shall be entered into or renewed without first consulting the State licensing agency, unless express permission is given therefor by the head of the constituent after consultation with the Director of the Office of Vocational Rehabilitation.

(d) After a permit to operate a vending stand is in effect, no article shall be offered for sale on the property (through over the counter sales, by vending machine, or otherwise) which

competes with articles approved for sale under the permit, except that this regulation shall not prevent a cafeteria or restaurant from selling articles of a type considered as food and usually sold as part of a meal, nor shall it prevent the sale of articles by vending machines. However, the income from any vending machines which are located within reasonable proximity to and are in direct competition with a vending stand for which a permit has been issued shall be assigned to the operator of such stand. If a vending machine vends articles of a type authorized by the permit and is so located that it attracts customers who would otherwise patronize the vending stand, such machine is in reasonable proximity to and direct competition with the stand.

(e) In the exercise of any function of this Department in connection with planning for the construction, alteration, or remodeling of buildings which are, or will become, Federal property (including those to be leased or otherwise acquired under Public Law 519, 83d Congress, 68 Stat. 518), provision shall be made for suitable space for a vending stand or stands, if the operation of one on such property will be feasible This shall include the facilities which will be necessary to the operation of such a stand, such as adequate electrical wiring and outlets, heating, plumbing, and ventilation. The constituent will consult with the State licensing agency in carrying out this subsection.

§ 20.3 Provisions of the permit.

(a) The permit will be conditioned upon the vending stand meeting specified standards, including standards relating to appearance, safety, sanitation, and efficiency of operation. Due regard shall be given to provisions of laws and regulations for the public welfare which are applicable, or would be applicable, if the property involved were not under the jurisdiction of the Federal Government.

which are or can reasonably be made available, or safety, health, or legal requirements demand otherwise. Due regard shall be given to provisions of laws and regulations for the public welfare which are applicable, or would be applicable, it the property involved were not under the jurisdiction of the Federal Government. The permit shall also contain adequate provisions to prevent material defacement or damage to property, including a provision that when alterations are to be made by other than the United States, they will be made with the approval of and under the supervision of the appropriate official of the Federal Government. The permit may contain other reasonable conditions necessary for the protection of the Government and the prospective patrons of the vending stand. However, no condition shall be imposed which would require a vending stand to provide a service not usually associated with such stands.

(c) The permit shall describe the location of the vending stand proper and the locations of the vending machines to be operated on the property. Where feasible, each vending stand will be located in a room, affording easy access to potential patrons.

§ 20.4 Report on noncompliance with provisions of permit or on other mat

ters.

The permit together with the applicable rules, regulations, and policies of the State licensing agency shall govern the operation of a vending stand, and all officials and employees of this Department shall encourage conduct and operation in accordance with such permit, rules, regulations, and policies. The constituent shall cooperate with the State licensing agency with respect to the foregoing and report to it any significant violations or other relevant matters which come to its attention. If a constituent believes that the State licensing agency is not taking proper action in such matters, it shall inform the Director of the Office of Vocational Rehabilitation.

§ 20.5 Appeals by State licensing agencies.

(a) If a constituent and the State licensing agency fail to reach agreement concerning the granting of a permit for a vending stand, the denial or modification of a permit, the suitability of the stand location, the assignment of vend

ing machine proceeds, the methods of operation of the stand, or other terms of the permit (including articles which may be sold), the State licensing agency shall have the right to appeal to the Secretary. The constituent shall give the State licensing agency written notice of its decision and the State licensing agency shall, within fifteen days from the date of such notice, give the constituent and the Secretary written notices of its appeal.

(b) Upon appeal, full investigation shall be undertaken. The State licensing agency shall be given opportunity to present information; a full report shall be obtained from the constituent; and the Vocational Rehabilitation Administration shall be consulted. The decision of the Secretary shall be rendered within ninety days of the filing of the appeal. The State licensing agency shall be promptly notified of the decision and of the action taken thereon. The decision of the Secretary shall be final. [28 FR. 7594, July 26, 1963]

§ 20.6 Termination of other existing arrangements for vending stands.

(a) When a permit is issued to a State licensing agency for operation of a vending stand on any property location, steps shall be taken to terminate any existing arrangement for the sale of articles by other than a licensed blind person which are not permitted to be sold under § 20.2 (d). In terminating a permit, contract, or other arrangement with other than a State licensing agency, notice shall be given as required under the terms of the arrangement, or if none is provided, a reasonable notice of termination may be given in the discretion of the constituent.

(b) In the application of this section, this Department will cooperate with the non-licensed vendor and the licensing agency to prevent interruption of vending stand service, or where interruption is necessary in preparing for the vending stand for which a permit is issued, to keep such interruption to a minimum. § 20.7 Constituents to maintain procedures for assuring preference.

(a) The head of each constituent of this Department in control of the maintenance, operation, and protection of any Federal property shall maintain the procedures to insure compliance with the regulations of this part.

(b) A constituent shall designate a representative for each property loca

tion under its control to cooperate with the State licensing agency.

(c) The State licensing agency of the State in which the property is located shall be notified in writing of the name of such representative.

(d) The representative will make such joint surveys with the State licensing agency as it may request to ascertain whether, and if so, in what locations, vending stands may be properly, profitably, and satisfactorily operated by blind persons.

(e) Such alterations or repairs as are reasonable and feasible in order to accommodate the vending stand will be made.

§ 20.8 Definitions.

As used in this part, the following terms shall have the meaning indicated:

(a) "Act" means the RandolphSheppard Vending Stand Act (Public Law 732, 74th Congress, 49 Stat. 1559, as amended by Public Law 565, 83d Congress, 68 Stat. 663; 20 U.S.C. 107, chapter 6A).

(b) "Secretary" means the Secretary of Health, Education, and Welfare.

(c) "Constituent" means the Public Health Service, Social Security Administration, Food and Drug Administration, Office of Education, Office of Vocational Rehabilitation, Saint Elizabeths Hospital and such comparable administrative units as may hereafter be formed. Where this Department is in control of the maintenance, operation, and protection of Federal property, but such property is not operated by a constituent as defined above, the Director of the Division of Administration of the Department shall exercise the authority and responsibility of a constituent under this part with respect to such property.

(d) "Federal property" means any building, land, or other real property owned, leased, or occupied by any department or agency of the United States or any instrumentality wholly owned by the United States, or by any department or agency of the District of Columbia or any Territory or possession of the United States.

(e) "Property" or "property location," unless the context indicates otherwise, means any real property location of which this Department, or a constituent thereof is in control of the maintenance, operation, and protection.

(f) "Permit," unless the context indicates otherwise, means the official au

thorization given by a constituent on behalf of the United States Government to carry out the statutory policy described in this part, whereby the State licensing agency is authorized to place a licensed blind person (or persons) to operate a vending stand (or stands).

(g) "Denial of a permit” shall include the termination of a permit or the refusal to renew a permit.

(h) "Vending stand," unless the context indicates otherwise, means:

(1) Such shelters, counters, shelving, display and wall cases, refrigerating apparatus, and other appropriate auxiliary equipment as are necessary for the vending of such articles as may be approved by the State licensing agency and the constituent.

(2) Manual or coin-operated vending machines or similar devices for vending such articles.

(1) "State licensing agency" means the State agency designated by the Director of the Office of Vocational Rehabilitation pursuant to the act to issue licenses to blind persons for the operation of vending stands on Federal and other properties.

(j) "Licensed blind person" means a blind person licensed to operate a vending stand on Federal or other property by a State licensing agency.

Sec.

30.1

30.2

30.3

PART 30-CLAIMS COLLECTION

Incorporation by reference.
Scope of regulations.

Delegation of authority.

AUTHORITY: The provisions of this Part 30 issued under sec. 3, 80 Stat. 309, 31 U.S.C. 951-953; Joint Regulations of GAO and Department of Justice, 4 CFR Ch. II Parts 101105; Statement of Organization and Delegation of Authority of the Department as amended, 31 F.R. 16375.

SOURCE: The provisions of this Part 30 appear at 32 F.R. 17891, Dec. 14, 1967, unless otherwise noted.

§ 30.1 Incorporation by reference.

The regulations of this part incorporate herein and supplement as necessary for Department operation all provisions of the Joint Regulations issued by the Comptroller General of the United States and the Attorney General of the United States under section 3 of the Federal Claims Collection Act of 1966, which prescribes standards for administrative collection of civil claims by the Government as well as compromise,

suspension, or termination of agency collection action, with respect to claims not exceeding $20,000 exclusive of interest, and the referral to the General Accounting Office, and to the Department of Justice for litigation, of civil claims by the Government.

§ 30.2 Scope of regulations.

The standards set forth in this chapter are not applicable where standards are prescribed under statutes other than the Federal Claims Collection Act of 1966, for compromise or termination of collection action, or waiver in whole or in part of claims thereunder. § 30.3

Delegation of authority.

(a) The Department Claims Officer shall collect, compromise, suspend or terminate claims in accordance with the provisions of this part.

(b) The appropriate office, local, regional, or headquarters, shall take all necessary administrative action required under the Act and Joint Regulations, except that, with respect to claims of $200 or more, no compromise of a claim shall be effected, nor collection action suspended or terminated except upon prior approval of the Department Claims Officer or upon his specific delegation.

[32 F.R. 17891, Dec. 14, 1967, as amended at 36 F.R. 3817, Feb. 27, 1971]

Subpart A-General

§ 35.1 Scope of regulations.

The regulations in this part shall apply only to claims asserted under the Federal Tort Claims Act, as amended, 28 U.S.C. sections 2671-2680, accruing on or after January 18, 1967, for money damages against the United States for damage to or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Department of Health, Education, and Welfare while acting within the scope of his office or employment.

Subpart B-Procedures

§ 35.2 Administrative claim; when presented; place of filing.

(a) For purposes of the regulations in this part, a claim shall be deemed to have been presented when the Department of Health, Education, and Welfare receives, at a place designated in paragraph (b) of this section, an executed Standard Form 95 or other written notification of an incident accompanied by a claim for money damages in a sum certain for damage to or loss of property, for personal injury, or for death, alleged to have occurred by reason of the incident. A claim which should have been presented to the Department but which was mistakenly addressed to or filed with another Federal agency, shall be deemed to be presented to the Department as of the date that the claim is received by the Department. A claim mistakenly addressed to or filed with the Department shall forthwith be transferred to the appropriate Federal agency, if ascertainable, or returned to the claimant.

(b) A claim presented in compliance with paragraph (a) of this section may be amended by the claimant at any time prior to final action by the Department Claims Officer or prior to the exercise of the claimant's option to bring suit under 28 U.S.C. 2675(a). Amendments shall be submitted in writing and signed by the claimant or his duly authorized agent or legal representative. Upon the timely filing of an amendment to a pending claim, the Department shall have 6 months in which to make a final disposition of the claim as amended and the claimant's option under 28 U.S.C. 2675 (a) shall not accrue until 6 months after the filing of an amendment.