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  <FDSYS>
    <CFRTITLE>49</CFRTITLE>
    <CFRTITLETEXT>Transportation</CFRTITLETEXT>
    <VOL>1</VOL>
    <DATE>1998-10-01</DATE>
    <ORIGINALDATE>1998-10-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Delegations and Redelegations by Secretarial Officers</TITLE>
    <GRANULENUM>A</GRANULENUM>
    <HEADING>Appendix A to Part 1</HEADING>
    <ANCESTORS>
      <PARENT HEADING="" SEQ="2"/>
      <PARENT HEADING="" SEQ="1"/>
      <PARENT HEADING="PART 1" SEQ="0">ORGANIZATION AND DELEGATION OF POWERS AND DUTIES</PARENT>
    </ANCESTORS>
  </FDSYS>
  <APPENDIX>
    <EAR>Pt. 1, App. A</EAR>
    <HD SOURCE="HED">Appendix A to Part 1—Delegations and Redelegations by Secretarial Officers</HD>
    <P>1. <E T="03">Director of Budget.</E> The Assistant Secretary for Budget and Programs has redelegated to the Director of Budget authority to:</P>
    <P>(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.</P>
    <P>(b) Issue allotments or allocations of funds to components of the Department.</P>
    <P>2. <E T="03">Chief Counsel, U.S. Coast Guard.</E> (a) The General Counsel, as Judge Advocate General for the U.S. Coast Guard, has delegated to the Chief Counsel, U.S. Coast Guard, pursuant to the Uniform Code of Military Justice, chapter 47 of title 10, United States Code, authority to exercise the following powers and duties:</P>
    <P>(1) The authority to recommend assignment for duty of judge advocates under Article 6(a), section 806(a) of title 10, United States Code.</P>
    <P>(2) The authority to make field inspections in connection with the administration of military justice under Article 6(a) section 806(a) of Title 10, United States Code.</P>

    <P>(3) The authority to designate military judges; to make assignments of, and exercise direct responsibility for, military judges; and to assign, or approve the performance of, <PRTPAGE P="51"/>other duties of a judicial or nonjudicial nature by military judges under Article 26(c), section 826(c) of title 10, United States Code.</P>
    <P>(4) The authority to forward to a Court of Military Review records that must be referred to a Court of Military Review under Article 66(b), section 866(b) of title 10, United States Code.</P>
    <P>(5) The authority to instruct the convening authority to take action in accordance with the decision of the Court of Military Review or dismiss the charges under Article 66(e), section 866(e) of title 10, United States Code.</P>
    <P>(6) The authority to modify or vacate findings and sentences in cases not reviewed by a Court of Military Review under Article 69, section 869 of title 10, United States Code.</P>
    <P>(7) The authority to certify counsel as competent to perform the duties of trial counsel and defense counsel of a general court-martial under 10 U.S.C. 827(b), Art. 27(b) UCMJ.</P>
    <P>(8) The authority to detail appellate Government counsel and appellate defense counsel to perform duties in connection with the review of court-martial cases by the Court of Military Review, the Court of Military Appeals and the Supreme Court.</P>
    <P>(9) The authority to perform any other duty and exercise any other power which the General Counsel is authorized or required to perform under the Uniform Code of Military Justice or the Manual for Courts-Martial, with the exception of the following which are reserved to the General Counsel or his or her delegatee within the Office of the General Counsel:</P>
    <P>(i) Authority to certify commissioned officers as qualified for duty as military judges under Article 26(b), section 826(b) of title 10, United States Code.</P>
    <P>(ii) Authority to establish a Court of Military Review and designate a chief judge of the court under Article 66(a), section 866(a) of title 10, United States Code.</P>
    <P>(iii) Authority to order cases sent to the Court of Military Appeals under Article 67(b)(2), section 867(b)(2) of title 10, United States Code.</P>
    <P>(iv) Authority to examine records of general courts-martial not reviewed under Article 66, section 866 of title 10, United States Code, and modify or set aside the findings or the sentence, or refer the record to the Court of Military Review under Article 69(a), section 869(a) of title 10, United States Code.</P>
    <P>(v) Authority to prescribe rules not inconsistent with the Manual for Courts-Martial to govern the professional supervision and discipline of military trial and appellate judges, judge advocates, and other lawyers who practice in proceedings governed by the UCMJ and Manual for Courts-Martial.</P>
    <P>(vi) Authority to make the recommendation of the Judge Advocate General in a court-martial case requiring approval by the Secretary or the President.</P>
    <P>(vii) Authority to approve a vacation of supension of dismissal of military personnel.</P>
    <P>(b) The authority delegated by paragraph (a)(3) of this section may be redelegated only to the Deputy Chief Counsel.</P>
    <P>(c) The Chief Counsel shall make an annual summary report of his actions taken under paragraph (a)(6) of this section of this delegation to the General Counsel of the Department of Transportation (including the number of cases subject to that authority, the number of applications for review filed, and the disposition thereof) for inclusion, as appropriate, in the Judge Advocates General and Court of Military Appeals report to Congress required by Article 67(g), section 867(g) of title 10, United States Code.</P>
    <P>3. <E T="03">Chief Counsels.</E> The General Counsel has delegated to the Chief Counsels the authority delegated to the General Counsel by Amendment 1-41 to part 1 of title 49, Code of Federal Regulations, 35 FR 17653, November 17, 1970, as follows:</P>
    <P>Section 855 of the Revised Statutes, as amended by Public Law 91-393, 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:</P>
    <HD SOURCE="HD1">delegation to the department of transportation for the approval of the title to lands being acquired for federal public purposes</HD>
    <P>Pursuant to the provision of Public Law 91-393, approved September 1, 1970, 84 Stat. 835, amending R.S. 355 (40 U.S.C. 255), and acting under the provisions of Order No. 440-70 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.</P>
    <P>This delegation of authority is further subject to:</P>
    <P>1. Compliance with the regulations issued by the Assistant Attorney General on October 2, 1970, a copy of which is enclosed.</P>
    <P>2. This delegation is limited to:<PRTPAGE P="52"/>
    </P>
    <P>(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.</P>
    <P>(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.</P>
    <P>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.</P>
    <P>The Chief Counsels of the United States Coast Guard, Federal Aviation Administration, Federal Highway Administration, Federal Railroad Administration, National Highway Traffic Safety Administration, Urban Mass Transportation 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 or 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.</P>

    <P>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.
    </P>
    <FP>(49 CFR 1.45(a) and 1.53(a); 49 U.S.C. 322)</FP>
    
    <CITA>[Amdt. 1-113, 40 FR 43901, Sept. 24, 1975]</CITA>
    <EDNOTE>
      <HD SOURCE="HED">Editorial Note:</HD>
      <P>For <E T="04">Federal Register</E> citations affecting appendix A to part 1, see the List of CFR Sections Affected in the Finding Aids section of this volume.</P>
    </EDNOTE>
  </APPENDIX>
</CFRGRANULE>
