[Federal Register Volume 59, Number 58 (Friday, March 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5909]


  Federal Register / Vol. 59, No. 58 / Friday, March 25, 1994 /
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[[Page Unknown]]

[Federal Register: March 25, 1994]


                                                    VOL. 59, NO. 58

                                             Friday, March 25, 1994
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DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 2

 

Delegations of Authority by the Secretary of Agriculture and 
General Officers of the Department

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

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SUMMARY: This document amends the delegations of authority from the 
Secretary of Agriculture (the Secretary) and the General Officers of 
the Department to the Under Secretary for International Affairs and 
Commodity Programs and from the Under Secretary for International 
Affairs and Commodity Programs to the Administrator of the Agricultural 
Stabilization and Conservation Service (ASCS) concerning the commodity, 
conservation, disaster assistance, and other programs of ASCS under the 
Agricultural Adjustment Act of 1938, as amended, the Agricultural Act 
of 1949, as amended, the Food Security Act of 1985, as amended and 
other authorities in order to update and revise the regulations to 
reflect current legislation and remove obsolete references.

EFFECTIVE DATE: March 25, 1994.

FOR FURTHER INFORMATION CONTACT: Larry A. Walker, Acting Deputy 
Administrator, Policy Analysis, Agricultural Stabilization and 
Conservation Service, United States Department of Agriculture, 14th and 
Independent Avenue SW., Washington, DC 20250-0500; telephone (202) 720-
3451.

SUPPLEMENTARY INFORMATION: Sections 101B, 103B, 105B, 107B, and 208 of 
the Agricultural Act of 1949, as added by sections 601, 501, 401, 301, 
and 1126, respectively, of the Food, Agriculture, Conservation, and 
Trade Act of 1990 (FACT Act), provide for disaster assistance payments 
to producers of rice, cotton, feed grains, wheat, peanuts, soybeans, 
sugar beets, and sugarcane for losses due to drought, flood, or other 
natural disaster, as determined by the Secretary.
    Title VI of the Agricultural Act of 1949 (the Emergency Livestock 
Feed Assistance Act of 1988), as added by section 101(a) of the 
Disaster Assistance Act of 1988, provides for emergency livestock feed 
assistance to livestock producers where, because of disease, insect 
infestation, flood, drought, fire, hurricane, earthquake, storm, hot 
weather, or other natural disaster, the Secretary determines that a 
livestock emergency exists.
    Section 205 of the Agricultural Act of 1949, as added by section 
701(2) of the FACT Act, requires the Secretary to support the prices of 
oilseeds through loans and payments.
    Sections 359aa-jj of the Agricultural Adjustment Act of 1938, as 
added by section 902 of the FACT Act, require the Secretary to operate 
a sugar production adjustment program, including, under certain 
conditions, the implementation of marketing allotments for sugar and 
crystalline fructose.
    The Beef Research and Information Act, as amended, and Title XIX of 
the FACT Act, as amended (the Agricultural Promotion and Research Act 
of 1990), require the Secretary to conduct producer referenda regarding 
the operations of agricultural promotion plans using ASCS county 
offices.
    Sections 1230-56 of the Food Security Act of 1985, as added or 
amended by sections 1431-46 of the FACT Act, require the Secretary to 
implement a Conservation Reserve Program, Wetlands Reserve Program, 
Agricultural Water Quality Incentives Program, Environmental Easement 
Program, and other conservation programs.
    Section 1451 of the FACT Act, as amended, requires the Secretary to 
establish a voluntary Integrated Farm Management Program designed to 
assist producers of agricultural commodities in adopting integrated, 
multiyear, site-specific farm management plans by reducing farm program 
barriers to resource stewardship practices and systems.
    Section 326 of the Food and Agriculture Act of 1962, as amended, 
provides for Secretarial discretion in the acceptance of a ``good 
faith'' performance, made in reliance on an action or advice of an 
authorized representative of the Secretary, as the basis for meeting 
the requirements of ASCS-administered programs.
    Sections 1151-56 of the FACT Act, as amended, require the Secretary 
to conduct an Options Pilot Program to determine whether regulated 
agricultural commodity options trading can be used by producers to 
obtain protection from fluctuations in the market prices of the 
commodities they produce and the impact of such trading on the prices 
of the commodities.
    Section 1764 of the Food Security Act of 1985 requires the 
Secretary to formulate and administer regulations regarding program 
ineligibility resulting from convictions for certain controlled 
substance violations.
    The delegations of authority of the Department of Agriculture are 
amended to delegate to the Under Secretary for International Affairs 
and Commodity Programs the Secretary's authorities described above and 
to further delegate these authorities to the Administrator, ASCS, and 
to make related conforming amendments and deletions of obsolete 
references.
    This rule relates to internal agency management. Therefore, 
pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity 
for public comment are not required, and this rule may be made 
effective less than 30 days after publication in the Federal Register. 
Further, since this rule relates to internal agency management, it is 
exempt from the provisions of Executive Orders 12778 and 12866.
    This action is not a rule as defined by Public Law 96-354, the 
Regulatory Flexibility Act, and thus is exempt from the provisions of 
that Act.

List of Subjects in 7 CFR Part 2

    Authority delegations (Government agencies).

    Accordingly, part 2, title 7, Code of Federal Regulations is 
amended as follows:

PART 2--DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE 
AND GENERAL OFFICERS OF THE DEPARTMENT

    1. The authority citation for 7 CFR part 2 continues to read as 
follows:

    Authority: 5 U.S.C. 301 and Reorganization Plan No. 2 of 1953.

Subpart C--Delegations of Authority to the Deputy Secretary, the 
Under Secretary for International Affairs and Commodity Programs, 
the Under Secretary for Small Community and Rural Development, and 
Assistant Secretaries

    2. Section 2.21 is amended by revising paragraphs (b)(1), (b)(6), 
(b)(8), (b)(10), (b)(11), (b)(13), (b)(14), (b)(15), (b)(19), (b)(20), 
(b)(21), (b)(24), (b)(31), (b)(36), and (b)(39), and by adding new 
paragraphs (b)(40), (b)(41), (b)(42), and (b)(43) to read as follows:


Sec. 2.21  Under Secretary for International Affairs and Commodity 
Programs.

* * * * *
    (b) * * *
    (1) Administer the tobacco acreage allotment and farm marketing 
quota programs under the Agricultural Adjustment Act of 1938, as 
amended (7 U.S.C. 1311, et seq.).
* * * * *
    (6) Administer the forestry incentives program under section 4 of 
the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103).
* * * * *
    (8) Administer the emergency conservation program under the 
Agricultural Credit Act of 1978, as amended (16 U.S.C. 2201, et seq.).
* * * * *
    (10) Administer the feed grain program under the Agricultural Act 
of 1949, as amended (7 U.S.C. 1444f, et seq.).
    (11) Administer the wheat program under the Agricultural Act of 
1949, as amended (7 U.S.C. 1445b-3a, et seq.).
* * * * *
    (13) Administer the upland and extra long staple cotton programs 
under the Agricultural Act of 1949, as amended (7 U.S.C. 1444, 1444-2, 
et seq.).
    (14) Administer the rice program under the Agricultural Act of 
1949, as amended (7 U.S.C. 1441-2, et seq.).
    (15) Administer the milk price support program, the milk price 
reduction program, the milk production termination program, and the 
milk diversion program under the Agricultural Act of 1949, as amended 
(7 U.S.C. 1446e, et seq.), and enforce the milk manufacturing allowance 
requirements of section 102 of the Agricultural Act of 1949, as amended 
(7 U.S.C. 1446e-1, et seq.).
* * * * *
    (19) Administer emergency crop loss assistance programs in 
accordance with the Agricultural Act of 1949, as amended (7 U.S.C. 1421 
note, 1427, et seq., 1441-2, 1444-2, 1444f, 1445b-3a, and 1446i), the 
Commodity Credit Corporation Charter Act, as amended (15 U.S.C. 714b 
and 714c), the Disaster Relief and Emergency Assistance Act of 1974, as 
amended (42 U.S.C. 5121, et seq.), and appropriations Acts that provide 
for the implementation of such programs by the Commodity Credit 
Corporation.
    (20) Administer the emergency livestock assistance programs under 
the Agricultural Act of 1949, as amended (7 U.S.C. 1427, et seq., 1471 
et seq.), the Commodity Credit Corporation Charter Act, as amended (15 
U.S.C. 714b and 714c), and the Disaster Relief and Emergency Assistance 
Act of 1974, as amended (42 U.S.C. 5121, et seq.).
    (21) Administer the oilseeds price support program under the 
Agricultural Act of 1949, as amended (7 U.S.C. 1446f, et seq.).
* * * * *
    (24) Administer the sugar production adjustment program under the 
Agricultural Adjustment Act of 1938, as amended (7 U.S.C. 1359aa-jj), 
and the sugar price support program under the Agricultural Act of 1949, 
as amended (7 U.S.C. 1446g, et seq.).
* * * * *
    (31) Conduct producer referenda of commodity promotion programs 
under the Beef Research and Information Act, as amended (7 U.S.C. 2901, 
et seq.), and the Agricultural Promotion Programs Act of 1990, as 
amended (7 U.S.C. 6001, et seq.).
* * * * *
    (36) Conduct the honey price support program under the Agricultural 
Act of 1949, as amended (7 U.S.C. 1446h, et seq.).
* * * * *
    (39) Formulate and carry out an agricultural resources conservation 
program, including a Conservation Reserve Program, Wetlands Reserve 
Program, Agricultural Water Quality Incentives Program, Environmental 
Easement Program, and other conservation programs under the Food 
Security Act of 1985, as amended (16 U.S.C. 1231 et seq.).
    (40) Administer the Integrated Farm Management Program under the 
Food, Agriculture, Conservation, and Trade Act of 1990, as amended (7 
U.S.C. 5822).
    (41) Administer the provisions of section 326 of the Food and 
Agricultural Act of 1962, as amended (7 U.S.C. 1339c), as they relate 
to any Agricultural Stabilization and Conservation Service-administered 
program.
    (42) Conduct an Options Pilot Program pursuant to sections 1151-
1156 of the Food, Agriculture, Conservation, and Trade Act of 1990, as 
amended (7 U.S.C. 1421 note).
    (43) Formulate and administer regulations regarding program 
ineligibility resulting from convictions under Federal or State law of 
planting, cultivating, growing, producing, harvesting, or storing a 
controlled substance, as required under section 1764 of the Food 
Security Act of 1985 (21 U.S.C. 881a).
* * * * *

Subpart H--Delegations of Authority by the Under Secretary for 
International Affairs and Commodity Programs

    3. Section 2.65 is amended by revising paragraphs (a)(1), (a)(6), 
(a)(9), (a)(11), (a)(12), (a)(14), (a)(15), (a)(16), (a)(20), (a)(21), 
(a)(22), (a)(25), (a)(32), (a)(37), and (a)(40), redesignating the 
second paragraph (a)(42) as paragraph (a)(43), and by adding new 
paragraphs (a)(44), (a)(45), (a)(46), and (a)(47) to read as follows:


Sec. 2.65  Administrator, Agricultural Stabilization and Conservation 
Service.

    (a) * * *
    (1) Administer the tobacco acreage allotment and farm marketing 
quota programs under the Agricultural Adjustment Act of 1938, as 
amended (7 U.S.C. 1311, et seq.).
* * * * *
    (6) Administer the forestry incentives program under section 4 of 
the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103).
* * * * *
    (9) Administer the emergency conservation program under the 
Agricultural Credit Act of 1978, as amended (16 U.S.C. 2201, et seq.).
* * * * *
    (11) Administer the feed grain program under the Agricultural Act 
of 1949, as amended (7 U.S.C. 1444f, et seq.).
    (12) Administer the wheat program under the Agricultural Act of 
1949, as amended (7 U.S.C. 1445b-3a, et seq.).
* * * * *
    (14) Administer the upland and extra long staple cotton programs 
under the Agricultural Act of 1949, as amended (7 U.S.C. 1444, 1444-2, 
et seq.).
    (15) Administer the rice program under the Agricultural Act of 
1949, as amended (7 U.S.C. 1441-2, et seq.).
    (16) Administer the milk price support program, the milk price 
reduction program, the milk production termination program, and the 
milk diversion program under the Agricultural Act of 1949, as amended 
(7 U.S.C. 1446e, et seq.), and enforce the milk manufacturing allowance 
requirements of section 102 of the Agricultural Act of 1949, as amended 
(7 U.S.C. 1446e-1, et seq.).
* * * * *
    (20) Administer emergency crop loss assistance programs in 
accordance with the Agricultural Act of 1949, as amended (7 U.S.C. 1421 
note, 1427, et seq., 1441-2, 1444-2, 1444f, 1445b-3a and 1446i), the 
Commodity Credit Corporation Charter Act, as amended (15 U.S.C. 714b 
and c), and the Disaster Relief and Emergency Assistance Act of 1974, 
as amended (42 U.S.C. 5121, et seq.).
    (21) Administer the emergency livestock assistance programs under 
the Agricultural Act of 1949, as amended (7 U.S.C. 1427, et seq., 1471 
et seq.), the Commodity Credit Corporation Charter Act, as amended (15 
U.S.C. 714b and 714c), the Disaster Relief and Emergency Assistance Act 
of 1974, as amended (42 U.S.C. 5121, et seq.), and appropriation Acts 
that provide for the implementation of such programs by the Commodity 
Credit Corporation.
    (22) Administer the oilseeds price support program under the 
Agricultural Act of 1949, as amended (7 U.S.C. 1446f, et seq.).
* * * * *
    (25) Administer the sugar production adjustment program under the 
Agricultural Adjustment Act of 1938, as amended (7 U.S.C. 1359aa-jj), 
and the sugar price support program under the Agricultural Act of 1949 
(7 U.S.C. 1446g, et seq.), as amended.
* * * * *
    (32) Conduct producer referenda of commodity promotion programs 
under the Beef Research and Information Act, as amended (7 U.S.C. 2901, 
et seq.) and the Agricultural Promotion Programs Act of 1990, as 
amended (7 U.S.C. 6001, et seq.).
* * * * *
    (37) Conduct the honey price support program under the Agricultural 
Act of 1949, as amended (7 U.S.C. 1446h, et seq.).
* * * * *
    (40) Formulate and carry out an agricultural resources conservation 
program, including a Conservation Reserve Program, Wetlands Reserve 
Program, Agricultural Water Quality Incentives Program, Environmental 
Easement Program, and other conservation programs under the Food 
Security Act of 1985, as amended (16 U.S.C. 1231, et seq.).
* * * * *
    (44) Administer the Integrated Farm Management Program under 
section 1451 of the Food, Agriculture, Conservation, and Trade Act of 
1990, as amended (7 U.S.C. 5822).
    (45) Administer the provisions of section 326 of the Food and 
Agricultural Act of 1962, as amended (7 U.S.C. 1339c), as they relate 
to any agricultural Stabilization and Conservation Service-administered 
program.
    (46) Conduct an Options Pilot Program pursuant to sections 1151-
1156 of the Food, Agriculture, Conservation, and Trade Act of 1990, as 
amended (7 U.S.C. 1421 note).
    (47) Formulate and administer regulations regarding program 
ineligibility resulting from convictions under Federal or State law of 
planting, cultivating, growing, producing, harvesting, or storing a 
controlled substance, as required under section 1764 of the Food 
Security Act of 1985 (21 U.S.C. 881a).
    For subpart C:


    Dated: March 7, 1994.
Mike Espy,
Secretary of Agriculture.

    For subpart H:

    Dated: March 7, 1994.
Eugene Moos,
Under Secretary for International Affairs and Commodity Programs.
[FR Doc. 94-5909 Filed 3-24-94; 8:45 am]
BILLING CODE 3410-05-M