Part 1101 Description of Office, Procedures, Public Information
Part 1102 Appraiser Regulation

Terms Used In CFR > Title 12 > Chapter XI

  • Act: The Immigration and Nationality Act, as amended by the Immigration Reform and Control Act of 1986. See 33 CFR 165.1187
  • Act: means the Fair Labor Standards Act of 1938, as amended (52 Stat. See 29 CFR 570.1
  • Act: means the Federal Land Policy and Management Act of 1976, as amended (43 U. See 43 CFR 2300.0-5
  • Adjusted trading: means any method or transaction whereby a corporate credit union sells a security to a vendor at a price above its current market price and simultaneously purchases or commits to purchase from the vendor another security at a price above its current market price. See 43 CFR 2201.3-3
  • Agency: means a unit of the Executive branch of the Federal Government which is not within a Department. See 43 CFR 2300.0-5
  • Agreement to initiate: means a written, nonbinding statement of present intent to initiate and pursue an exchange, which is signed by the parties and which may be amended by the written consent of the parties or terminated at any time upon written notice by any party. See 43 CFR 2200.0-5
  • Applicable state regulator: means the prudential state regulator of a state chartered corporate credit union. See 43 CFR 2201.3-3
  • Application period: The 18-month period during which an application for adjustment of status to that of a temporary resident may be accepted, begins on June 1, 1987, and ends on November 30, 1988. See 33 CFR 165.1187
  • Arbitration: means a process to resolve a disagreement among the parties as to appraised value, performed by an arbitrator appointed by the Secretary from a list recommended by the American Arbitration Association. See 43 CFR 2200.0-5
  • Authorized officer: means any employee of the Bureau of Land Management who has been delegated the authority and responsibility to make decisions and perform the duties described in this part. See 43 CFR 2200.0-5
  • Available to cover losses that exceed retained earnings: means that the funds are available to cover operating losses realized, in accordance with generally accepted accounting principles (GAAP), by the corporate credit union that exceed retained earnings and equity acquired in a combination. See 43 CFR 2201.3-3
  • Bargaining: means a process, other than arbitration, by which parties attempt to resolve a dispute concerning the appraised value of the lands involved in an exchange. See 43 CFR 2200.0-5
  • CLF-related bridge loan: means interim financing, extending up to ten business days, that a corporate credit union provides for a natural person credit union from the time the CLF approves a loan to the natural person credit union until the CLF funds the loan. See 43 CFR 2201.3-3
  • Compensation: means all salaries, fees, wages, bonuses, severance payments, current year contributions to employee benefit plans (for example, medical, dental, life insurance, and disability), current year contributions to deferred compensation plans and future severance payments, including payments in connection with a merger or similar combination (whether or not funded. See 43 CFR 2201.3-3
  • Complete application: A complete application consists of an executed Form I-700, Application for Temporary Resident Status as a Special Agricultural Worker, evidence of qualifying agricultural employment and residence, a report of medical examination, and the prescribed number of photographs. See 33 CFR 165.1187
  • consent order: is a formal decree accepting an agreement between a party to an adjudicatory hearing proceeding held to determine whether that party has violated statutes or Commission rules or policies and the appropriate operating Bureau, with regard to such party's future compliance with such statutes, rules or policies, and disposing of all issues on which the proceeding was designated for hearing. See 47 CFR 1.93
  • Contributed capital: means either perpetual or nonperpetual capital. See 43 CFR 2201.3-3
  • Corporate credit union: means an organization that:

    (1) Is chartered under Federal or state law as a credit union. See 43 CFR 2201.3-3

  • creditor agency: includes OPM, unless otherwise noted. See 10 CFR 431.20
  • Critical accounting policies: means those policies that are most important to the portrayal of a corporate credit union's financial condition and results and that require management's most difficult, subjective, or complex judgments, often as a result of the need to make estimates about the effect of matters that are inherently uncertain. See 43 CFR 2201.3-3
  • Daily average net assets: means the average of net assets calculated for each day during the period. See 43 CFR 2201.3-3
  • Debt: means money owed by an employee of the Federal Government to an agency of the Federal Government, from sources which include loans insured or guaranteed by the United States and all other amounts due the Government from fees, leases, rents, royalties, services, sales of real or personal property, overpayments, penalties, damages, interests, fines and forfeitures (except those arising under the Uniform Code of Military Justice) and all other similar sources. See 10 CFR 431.20
  • Department: means a unit of the Executive branch of the Federal Government which is headed by a member of the President's Cabinet. See 43 CFR 2300.0-5
  • Derivatives: means a financial contract which derives its value from the value and performance of some other underlying financial instrument or variable, such as an index or interest rate. See 43 CFR 2201.3-3
  • Determination process: Determination process as used in this part means reviewing and evaluating all information provided pursuant to an application for the benefit sought and making a determination thereon. See 33 CFR 165.1187
  • Embedded option: means a characteristic of certain assets and liabilities which gives the issuer of the instrument the ability to change the features such as final maturity, rate, principal amount and average life. See 43 CFR 2201.3-3
  • Employee: means a current employee of OPM or other agency, including a current member of the Armed Forces or Reserve of the Armed Forces of the United States. See 10 CFR 431.20
  • Enterprise risk management: means the process of addressing risk on an entity-wide basis. See 43 CFR 2201.3-3
  • exceptions: means the document consolidating the exceptions and supporting brief. See 47 CFR 1.276
  • Fair value: means the price that would be received to sell an asset, or paid to transfer a liability, in an orderly transaction between market participants at the measurement date, as defined by GAAP. See 43 CFR 2201.3-3
  • Family unity: The term family unity as used in section 210(c)(2)(B)(i) of the Act means maintaining the family group without deviation or change. See 33 CFR 165.1187
  • Federal lands: means any lands or interests in lands, such as mineral or timber interests, that are owned by the United States and administered by the Secretary of the Interior through the Director of the Bureau of Land Management, without regard to how the United States acquired ownership, except: (1) Lands located on the Outer Continental Shelf. See 43 CFR 2200.0-5
  • Financial statements: means the presentation of a corporate credit union's financial data, including accompanying notes, derived from accounting records of the credit union, and intended to disclose the credit union's economic resources or obligations at a point in time, or the changes therein for a period of time, in conformity with GAAP. See 43 CFR 2201.3-3
  • Grade: means a class or rank of quality. See 7 CFR 51.2
  • Hazardous substances: means those substances designated under Environmental Protection Agency regulations at 40 CFR part 302. See 43 CFR 2200.0-5
  • Hearing official: means an individual (including an administrative law judge) responsible for conducting any hearing with respect to the existence or amount of a debt claimed, and rendering a decision on the basis of such hearing. See 10 CFR 431.20
  • Highest and best use: means the most probable legal use of a property, based on market evidence as of the date of valuation, expressed in an appraiser's supported opinion. See 43 CFR 2200.0-5
  • Immediate family member: means a spouse or other family member living in the same household. See 43 CFR 2201.3-3
  • Internal control: means the process, established by the corporate credit union's board of directors, officers and employees, designed to provide reasonable assurance of reliable financial reporting and safeguarding of assets against unauthorized acquisition, use, or disposition. See 43 CFR 2201.3-3
  • Internal control framework: means criteria such as that established in Internal Control--Integrated Framework, issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO), or comparable, reasonable, and U. See 43 CFR 2201.3-3
  • Internal control over financial reporting: means a process effected by those charged with governance, management, and other personnel, designed to provide reasonable assurance regarding the preparation of reliable financial statements in accordance with accounting principles generally accepted in the United States of America. See 43 CFR 2201.3-3
  • Lands: means any land and/or interests in land. See 43 CFR 2200.0-5
  • Lands: includes both upland and submerged land areas and any right or interest in such areas. See 43 CFR 2300.0-5
  • Legalization Office: Legalization offices are local offices of the Immigration and Naturalization Service which accept and process applications for legalization or special agricultural worker status, under the authority of the district directors in whose districts such offices are located. See 33 CFR 165.1187
  • Lender: means a person who engages in a residential real estate-related lending transaction. See 24 CFR 100.141
  • Leverage ratio: means the ratio of Tier 1 capital to moving daily average net assets. See 43 CFR 2201.3-3
  • Market value: means the most probable price in cash, or terms equivalent to cash, that lands or interests in lands should bring in a competitive and open market under all conditions requisite to a fair sale, where the buyer and seller each acts prudently and knowledgeably, and the price is not affected by undue influence. See 43 CFR 2200.0-5
  • Mineral laws: means the mining laws, mineral leasing laws, and the Geothermal Steam Act, but not the Materials Sales Act, administered by the Secretary of the Interior through the Bureau of Land Management. See 43 CFR 2200.0-5
  • Minimal amount of credit risk: means the amount of credit risk when the issuer of a security has a very strong capacity to meet all financial commitments under the security for the projected life of the asset or exposure, even under adverse economic conditions. See 43 CFR 2201.3-3
  • Moving daily average net assets: means the average of daily average net assets for the month being measured and the previous eleven (11) months. See 43 CFR 2201.3-3
  • NCUA: means NCUA Board (Board), unless the particular action has been delegated by the Board. See 43 CFR 2201.3-3
  • Net assets: means total assets less Central Liquidity Facility (CLF) stock subscriptions, CLF-related bridge loans, loans guaranteed by the National Credit Union Share Insurance Fund (NCUSIF), and member reverse repurchase transactions. See 43 CFR 2201.3-3
  • Nonfrivolous application: A complete application will be determined to be nonfrivolous at the time the applicant appears for an interview at a legalization or overseas processing office if it contains:

    (1) Evidence or information which shows on its face that the applicant is admissible to the United States or, if inadmissible, that the applicable grounds of excludability may be waived under the provisions of section 210(c)(2)(i) of the Act,

    (2) Evidence or information which shows on its face that the applicant performed at least 90 man-days of qualifying employment in seasonal agricultural services during the twelve-month period from May 1, 1985 through May 1, 1986, and

    (3) Documentation which establishes a reasonable inference of the performance of the seasonal agricultural services claimed by the applicant. See 33 CFR 165.1187

  • Nonperpetual capital: means funds contributed by members or nonmembers that: are term certificates with an original minimum term of five years or that have an indefinite term (i. See 43 CFR 2201.3-3
  • Obligor: means the primary party obligated to repay an investment, e. See 43 CFR 2201.3-3
  • Office: means the central and regional offices of the Office of Personnel Management. See 10 CFR 431.20
  • Office: means an office or bureau of the Department of the Interior. See 43 CFR 2300.0-5
  • Official: means any director or committee member. See 43 CFR 2201.3-3
  • Outstanding interests: means rights or interests in property held by an entity other than a party to an exchange. See 43 CFR 2200.0-5
  • Overseas processing office: Overseas processing offices are offices outside the United States at which applications for adjustment to temporary resident status as a special agricultural worker are received, processed, referred to the Service for adjudication or denied. See 33 CFR 165.1187
  • party: refers to any person who participates in a proceeding by the timely filing of a petition for rule making, comments on a notice of proposed rule making, a petition for reconsideration, or responsive pleadings in the manner prescribed by this subpart. See 47 CFR 1.400
  • Party: means the United States or any person, State or local government who enters into an agreement to initiate an exchange. See 43 CFR 2200.0-5
  • Person: means any individual, corporation, or other legal entity legally capable to hold title to and convey land. See 43 CFR 2200.0-5
  • pleading: means any written notice, motion, petition, request, opposition, reply, brief, proposed findings, exceptions, memorandum of law, or other paper filed with the Commission in a hearing proceeding. See 47 CFR 1.204
  • Preliminary application: A preliminary application is defined as a fully completed and signed application with fee and photographs which contains specific information concerning the performance of qualifying employment in the United States, and identifies documentary evidence which the applicant intends to submit as proof of such employment. See 33 CFR 165.1187
  • Public cash assistance: Public cash assistance means income or needs-based monetary assistance. See 33 CFR 165.1187
  • Public land laws: means that body of general land laws administered by the Secretary of the Interior through the Bureau of Land Management, excepting, however, the mineral laws. See 43 CFR 2200.0-5
  • Qualified designated entity: A qualified designated entity is any state, local, church, community, or voluntary agency, farm labor organization, association of agricultural employers or individual designated by the Service to assist aliens in the preparation of applications for Legalization and/or Special Agricultural Worker status. See 33 CFR 165.1187
  • Qualifying agricultural employment: Qualifying agricultural employment means the performance of "seasonal agricultural services" described at section 210(h) of the Act as that term is defined in regulations by the Secretary of Agriculture at 7 CFR part 1d. See 33 CFR 165.1187
  • Regional processing facility: Regional Processing Facilities are Service offices established in each of the four Service regions to adjudicate, under the authority of the Directors of the Regional Processing Facilities, applications for adjustment of status under sections 210 and 245a of the Act. See 33 CFR 165.1187
  • Repurchase transaction: means a transaction in which a corporate credit union agrees to purchase a security from a counterparty and to resell the same or any identical security to that counterparty at a specified future date and at a specified price. See 43 CFR 2201.3-3
  • Residential real estate-related lending transaction: means the making of a loan:

    (1) For purchasing, constructing, improving, repairing, or maintaining a dwelling. See 24 CFR 100.141

  • Resource values: means any of the various commodity values (e. See 43 CFR 2200.0-5
  • Retained earnings: means undivided earnings, regular reserve, reserve for contingencies, supplemental reserves, reserve for losses, GAAP equity acquired in a merger, and other appropriations from undivided earnings as designated by management or the NCUA. See 43 CFR 2201.3-3
  • Salary offset: means an administrative offset to collect a debt under 5 U. See 10 CFR 431.20
  • Salary Offset Coordinator: means an official, designated by the Director of OPM, who is responsible for coordinating debt collection activities for OPM. See 10 CFR 431.20
  • Secretary: means the Secretary of the Interior or the individual to whom the authority and responsibilities of that official, as to matters considered in this part, have been delegated. See 43 CFR 2200.0-5
  • Secretary: means the Secretary of the Interior or a secretarial officer subordinate to the Secretary who has been appointed by the President by and with the advice and consent of the Senate and to whom has been delegated the authority of the Secretary to perform the duties described in this part to be performed by the Secretary. See 43 CFR 2300.0-5
  • Securities lending: means lending a security to a counterparty, either directly or through an agent, and accepting collateral in return. See 43 CFR 2201.3-3
  • Segregation: means the removal for a limited period, subject to valid existing rights, of a specified area of the Federal lands from appropriation under the public land laws and mineral laws, pursuant to the authority of the Secretary of the Interior to allow for the orderly administration of the Federal lands. See 43 CFR 2200.0-5
  • Self-test: means any program, practice or study a lender voluntarily conducts or authorizes which is designed and used specifically to determine the extent or effectiveness of compliance with the Fair Housing Act. See 24 CFR 100.141
  • Senior executive officer: means a chief executive officer, any assistant chief executive officer (e. See 43 CFR 2201.3-3
  • Service: The Immigration and Naturalization Service (INS). See 33 CFR 165.1187
  • Special agricultural worker: Any individual granted temporary resident status in the Group 1 or Group 2 classification or permanent resident status under section 210(a) of the Act. See 33 CFR 165.1187
  • Statement of value: means a written report prepared by a qualified appraiser that states the appraiser's conclusion(s) of value. See 43 CFR 2200.0-5
  • Total assets: means the sum of all a corporate credit union's assets as calculated under GAAP. See 43 CFR 2201.3-3
  • Total capital: means the sum of Tier 1 capital and Tier 2 capital, less the corporate credit union's equity investments not otherwise deducted when calculating Tier 1 capital. See 43 CFR 2201.3-3
  • Total risk-based capital ratio: means the ratio of total capital to moving monthly average net risk-weighted assets. See 43 CFR 2201.3-3
  • Trade date: means the date a corporate credit union originally agrees, whether orally or in writing, to enter into the purchase or sale of a security. See 43 CFR 2201.3-3
  • Wage and Hour Division: means the Wage and Hour Division, United States Department of Labor. See 29 CFR 570.1
  • Waiver: means the cancellation, remission, forgiveness, or non-recovery of a debt allegedly owed by an employee to OPM or another agency as permitted or required by 5 U. See 10 CFR 431.20
  • Weighted average life: means the weighted-average time to the return of a dollar of principal, calculated by multiplying each portion of principal received by the time at which it is expected to be received (based on a reasonable and supportable estimate of that time) and then summing and dividing by the total amount of principal. See 43 CFR 2201.3-3
  • Withdrawal: means withholding an area of Federal land from settlement, sale, location, or entry under some or all of the general land laws, for the purpose of limiting activities under those laws in order to maintain other public values in the area or reserving the area for a particular public purpose or program. See 43 CFR 2300.0-5