plied, or set aside for application, to purposes which, in the determination of the Secretary, will effect a reduction in the amount of subsequent annual contributions."

(8) Under section 6(f) of the Act: ⚫ when the public housing agency (f) * and the Secretary mutually agree that a housing project is obsolete as to physical condition, or location, or other factors, making it unusable for housing purposes, a program of modifications or closeout shall be prepared.

(9) Under section 12 of the Act:

... not less than the wages prevailing in the locality, as determined or adopted (subsequent to a determination under applicable State or local law) by the Secretary, shall be paid to all architects, technical engineers, draftsmen, and technicians employed in the development, and all maintenance laborers and mechanics employed in the operation, of the low-income housing project involved; and not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to the DavisBacon Act (49 Stat. 1011), shall be paid to all laborers and mechanics employed in the development of the project involved (including a project with nine or more units assisted under section 8 of this Act, where the public housing agency or the Secretary and

the building or sponsor enter into an agreement for such use before construction or rehabilitation is commenced), *

(b) To the extent that the substance of the provisions in paragraph (a) of this section have been found to be consistent with the provisions of section 8 of the Act, the substance of the provisions have been included in the section 8 Housing Assistance Payments Program contracts and regulations. Accordingly, the provisions of paragraph (a) do not apply to the section 8 Housing Assistance Payments Program.

[41 FR 8056, Feb. 24, 1976. Redesignated at 41 FR 22814, June 7, 1976]

§ 899.203 Effective date of all other provisions of the Act.

In addition to the provisions of the Act made effective by the prior regulations cited in § 899.101 and those made effective by § 899.102, all other provisions of the Act are hereby made effective on February 22, 1976, in accordance with their terms.

[41 FR 8056, Feb. 24, 1976. Redesignated at 41 FR 22814, June 7, 1976]

1700.80 Director of the Examination Division, Office of Interstate Land Sales Registration, and Deputy. 1700.85 Director of the Land Sales Enforcement Division, Office of Interstate Land Sales Registration, and Deputy. 1700.90 Director of the Policy Development and Control Division, Office of Interstate Land Sales Registration. 1700.91 Director of the Field Review Division, Office of Interstate Land Sales Registration.

1700.95 Acting Administrator. 1700.100 Assistant Deputy Administrator.

AUTHORITY: Sec. 1419, 82 Stat. 598 (15 USC 1718).

SOURCE: 39 FR 19778, June 4, 1974, unless otherwise noted.

Subpart A-Authority and Organization

§ 1700.1 Scope of authority and purpose.

A land developer is required by the Interstate Land Sales Full Disclosure Act, Title XIV of Public Law 90-448, 82 Stat. 590, 15 USC 1701, enacted on August 1, 1968 (hereafter sometimes referred to as the Act) to make full disclosure in the sale or lease of certain undeveloped, subdivided land. The Act makes it unlawful (except with respect to certain exempted transactions) for any developer to sell or lease, by use of the mail or by any means in interstate commerce, any such land offered as part of a common promotional plan unless the land is registered with the Secretary of Housing and Urban Development and a printed property report is furnished to the purchaser or lessee in advance of

the signing of an agreement for sale or lease.

§ 1700.5 Authority of Secretary.

Section 1416(a) of the Act vests authority and responsibility for its administration in the Secretary of Housing and Urban Development (hereafter in this part referred to as the Secretary), and authorizes the Secretary to delegate any of his functions, duties and powers thereunder to employees of the Department of Housing and Urban Development.

§ 1700.10 Delegation of authority.

(a) The Secretary has delegated to the Interstate Land Sales Administrator and the Deputy Administrator all of the authority to exercise the power and authority vested in him under the Act except the authority to:

(1) Conduct hearings in accordance with 5 USC 556 and 557.

(2) Issue orders or determinations after such hearings.

(3) Issue rules and regulations under section 1416(a) of the Interstate Land Sales Full Disclosure Act 15 USC 1701-1720, Title XIV of the Housing and Urban Development Act of 1968 prescribing rights of appeal from the decisions of hearing examiners.

(4) Transmit evidence of apparent violations of the Act to the Attorney General of the United States for the institution of any appropriate criminal proceedings under section 1415(a) of the Act.

(5) Sue and be sued.

(b) The Secretary has further authorized the Administrator to redelegate any of the delegated authority to employees of the Department.

§ 1700.15 Establishment of office.

There is established, as an organizational unit of the Department of Housing and Urban Development, the Office of Interstate Land Sales Registration.

§ 1700.20 Administrator.

The Office of Interstate Land Sales Registration is headed by the Interstate Land Sales Administrator who shall be designated by the Secretary.

§ 1700.25 Principal divisions.

The following Divisions have been established within the Office of Interstate Land Sales Registration:

(a) Examination Division.

(b) Land Sales Enforcement Division.

(c) Policy Development and Control Division.

(d) Field Review Division.

[39 FR 19778, June 4, 1974, as amended at 43 FR 6580, Feb. 15, 1978]

§ 1700.30 Public information.

(a) In general. The identifiable records of the Office of Interstate Land Sales Registration are subject to the provisions of 5 USC 552, as implemented by Part 15-Public Information, Subtitle A, of this title.

(b) Availability of information and records. Information concerning land sales registrations and copies of statements of record may be obtained from the following address:

Office of Interstate Land Sales Registration, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, D.C. 20410.

In addition, statements of record may be reviewed at such address on any business day from 9 a.m. to 4:15 p.m. (c) Nonapplicability of exemptions authorized by 5 USC 552. Section 1405(d) of the Act specifically provides that information contained in or filed with any statement of record shall be made available to the public. The exeinptions from public disclosure authorized by 5 USC 552, as set forth in § 15.21 of this title, are not applicable to information contained in or filed with a statement of record.

of

(d) Duplication fee—property report. Notwithstanding the provisions § 15.14, Schedule of Fees, of this title, copies of a Property Report on file with the Office of Interstate Land Sales Registration will be provided upon request for a fixed fee of $2.50 per copy regardless of the number of pages duplicated. Payment may be made in cash or by check or money order payable to the Department of Housing and Urban Development. Personal checks are acceptable.

(e) Duplication and certification feerequired documents to the several States that accept Federal filings. Notwithstanding the provisions of § 15.14 Schedule of fees of this title, copies of documents on file with the Office of Interstate Land Sales Registration that are provided for certification to the several states that accept Federal filings will be provided upon request for a fixed fee of $12.00 per filing regardless of the number of pages duplicated.

(f) Methods of payment. The fees set forth in paragraphs (d) and (e) of this section may be paid by cash, by personal check, or by company check; or by U.S. money orders; or by certified check payable to the Treasurer of the United States or to the Department of Housing and Urban Development. Postage stamps will not be accepted. All other fees must be paid as set forth in § 15.14(g) of Title 24 of the Code of Federal Regulations.

(Sec. 7(d), Department of Housing and Urban Development Act, 79 Stat. 670 (42 U.S.C. 3535(d), 1419); Secretary's delegation of authority published at 37 FR 5071) [39 FR 19778, June 4, 1974, as amended at 40 FR 14753, Apr. 2, 1975]

§ 1700.35 Separability of provisions.

If any clause, sentence, paragraph, or part of these regulations shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such not judgment shall affect, impair, or invalidate the remainder thereof, but shall be confined by its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

Subpart B-Delegations of Basic Authority and Functions

§ 1700.80 Director of the Examination Division, Office of Interstate Land Sales Registration, and Deputy.

To the position of Director of the Examination Division, Office of Interstate Land Sales Registration, and under his supervision to the position of Deputy Director there are delegat

ed and assigned the following authorities and responsibilities:

(a) To receive and examine all statcments of record (other than those partial statements of record filed in connection with requests for Exemption Orders or Exemption Advisory Opinions) and property reports filed under the provisions of the Interstate Land Sales Full Disclosure Act and all amendments and corrections to such statements.

(b) To determine the adequacy of disclosure of statements of record and property reports and amendments thereto and to effect corrections, additions, and deletions in such statements and reports deemed necessary achieve the purposes of the Interstate Land Sales Full Disclosure Act.

to

(c) To recommend to the Administrator that he find effective or declare not effective statements of record filed under the Interstate Land Sales Full Disclosure Act and to prepare evidence in connection with hearings and other administrative proceedings relative to statements of record declared not effective.

§ 1700.85 Director of the Land Sales Enforcement Division, Office of Interstate Land Sales Registration, and Deputy. To the position of Director of the Land Sales Enforcement Division, Office of Interstate Land Sales Registration, and under his supervision to the position of Deputy Director, there are delegated and assigned the following authorities and responsibilities:

(a) To receive, examine, and make determination with respect to complaints arising from the alleged failure of a developer subject to the Act to comply with the requirements of the Act and Regulations issued thereunder and to negotiate resolutions of such complaints and compliance by such developers.

(b) To recommend actions by the Administrator to achieve compliance by developers deemed subject to the Act who have not complied with any or all of the requirements of the Act and Regulations issued thereunder.

(c) To conduct, on his own initiative, or in response to information received, reviews to determine the existence of

such noncompliance and secure compliance with the requirements of the Act and Regulations thereunder.

(d) To recommend suspension by the Administrator of statements of record on a determination of noncompliance with the requirements of the Act and Regulations thereunder.

(e) To recommend action to secure permanent or temporary injunctions or restraining orders to prevent acts or practices in violation of the provisions of the Act and Regulations thereunder and to require compliance therewith.

(f) To prepare evidence in connection with hearings or other administrative proceedings or injunctions or restraining orders in connection with suspensions of statements of record or other action in connection with noncompliance under the Act and Regulations thereunder.

§ 1700.90 Director of the Policy Development and Control Division, Office of Interstate Land Sales Registration.

To the position of Director of the Policy Development and Control Division there are delegated and assigned the following authorities and responsibilities:

(a) To receive, examine, and recommend approval or disapproval of developers' claims and requests for statutory and regulatory exemptions from the Act.

(b) To perform all functions incident to mail and correspondence control.

(c) To develop and recommend regulatory and legislative changes.

(d) To recommend office policy, to review examinations to determine consistency of application of office policy, and to develop training programs to implement office policy as needed.

(e) To maintain and coordinate the efforts of the Office of Interstate Land Sales Registration with the efforts of those State agencies having responsibility for land sales functions.

§ 1700.91 Director of the Field Review Division, Office of Interstate Land Sales Registration.

To the position of the Director of the Field Review Division, Office of Interstate Land Sales Registration, there are delegated and assigned the