[Federal Register Volume 60, Number 116 (Friday, June 16, 1995)]
[Proposed Rules]
[Pages 31766-31840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14564]
[[Page 31765]]
_______________________________________________________________________
Part II
Department of Agriculture
_______________________________________________________________________
Office of the Secretary
_______________________________________________________________________
7 CFR Part 2
Revision of Delegations of Authority; Proposed Rule
Federal Register / Vol. 60, No. 116 / Friday, June 16, 1995 /
Proposed Rules
[[Page 31766]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 2
Revision of Delegations of Authority
AGENCY: Department of Agriculture.
ACTION: Proposed rulemaking.
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SUMMARY: The Department of Agriculture proposes to revise the
delegations of authority from the Secretary and general officers due to
a reorganization.
DATES: Written comments must be received by July 17, 1995.
ADDRESSES: Comments may be mailed to Robert L. Siegler, Deputy
Assistant General Counsel, Research and Operations Division, Office of
the General Counsel, Department of Agriculture, Room 2321-S,
Washington, DC 20250.
FOR FURTHER INFORMATION CONTACT: Robert L. Siegler, Deputy Assistant
General Counsel, Research and Operations Division, Office of the
General Counsel, Department of Agriculture, Room 2321-S, Washington, DC
20250, telephone 202-720-6035.
SUPPLEMENTARY INFORMATION: On October 13, 1994, the President signed
the Federal Crop Insurance Reform and Department of Agriculture
Reorganization Act of 1994, Pub. L. No. 103-354. Title II of the Act,
the Department of Agriculture Reorganization Act of 1994, permits the
Secretary to reorganize the Department of Agriculture. The Act
authorized the establishment of subcabinet positions and the
restructuring of agencies and offices of the Department of Agriculture.
On October 20, 1994, the Secretary signed Secretary's Memorandum No.
1010-1. The following subcabinet positions were established:
(A) Under Secretary of Agriculture for Farm and Foreign
Agricultural Services. The Under Secretary of Agriculture for Farm and
Foreign Agricultural Services supervises all activities of the
Consolidated Farm Service Agency including the Federal Crop Insurance
Corporation, and the Foreign Agricultural Service, and performs such
other functions related to farm and foreign agricultural services as
are assigned.
(B) Under Secretary of Agriculture for Rural Economic and Community
Development. The Under Secretary of Agriculture for Rural Economic and
Community Development supervises all activities of the Rural Utilities
Service, the Rural Housing and Community Development Service, and the
Rural Business and Cooperative Development Service, and performs such
other functions related to rural economic and community development as
are assigned.
(C) Under Secretary of Agriculture for Food, Nutrition, and
Consumer Services. The Under Secretary of Agriculture for Food,
Nutrition, and Consumer Services supervises all activities of the Food
and Consumer Service, coordinates functions related to nutrition policy
and education, and performs such other functions related to food,
nutrition, and consumer services as are assigned.
(D) Under Secretary of Agriculture for Natural Resources and
Environment. The Under Secretary of Agriculture for Natural Resources
and Environment supervises all activities of the Forest Service and the
Natural Resources Conservation Service, coordinates functions related
to agricultural environmental quality, and performs such other
functions related to natural resources and environment as are assigned.
(E) Under Secretary of Agriculture for Research, Education, and
Economics. The Under Secretary of Agriculture for Research, Education,
and Economics supervises all activities of the Agricultural Research
Service, the Cooperative State Research, Education, and Extension
Service, the Economic Research Service, and the National Agricultural
Statistics Service, and performs such other functions related to
research, education, and economics as are assigned.
(F) Under Secretary of Agriculture for Food Safety. The position of
Under Secretary of Agriculture for Food Safety is established by the
Act. The Under Secretary supervises all activities of the Food Safety
and Inspection Service, as well as functions under the Egg Products
Inspection Act formerly performed by the Agricultural Marketing
Service, and the salmonella enteritidis reduction program and pathogen
reduction activities formerly performed by the Animal and Plant Health
Inspection Service, and performs such other functions related to food
safety as are assigned.
(G) Assistant Secretary of Agriculture for Marketing and Regulatory
Programs. The Assistant Secretary of Agriculture for Marketing and
Regulatory Programs supervises those activities of the Agricultural
Marketing Service and the Animal and Plant Health Inspection Service
which do not relate primarily to food safety, as well as all activities
of the Grain Inspection, Packers and Stockyards Administration, and
performs such other functions related to marketing and regulatory
programs as are assigned.
(H) Assistant Secretary of Agriculture for Congressional Relations.
The Assistant Secretary of Agriculture for Congressional Relations
supervises all activities of USDA and its agencies and offices related
to relationships with the Congress and with its committees and members,
as well as functions related to intergovernmental relations, and
performs such other functions as are assigned.
(I) Assistant Secretary of Agriculture for Administration. The
Assistant Secretary of Agriculture for Administration supervises all
activities of the Office of Civil Rights Enforcement, the Office of
Information Resources Management, the Office of Operations, and the
Office of Personnel, and provides administrative management for the
Office of Administrative Law Judges, the Board of Contract Appeals, and
the Judicial Officer, and performs such other functions related to
administrative management as are assigned.
(J) Chief Economist. The Chief Economist supervises all activities
of the Office of Risk Assessment and Cost-Benefit Analysis and the
World Agricultural Outlook Board, and is assigned responsibility for
advising the Secretary with respect to the economic effects of all
proposed major programs and activities of USDA and for preparing
economic analyses of USDA's principal initiatives.
The following agencies and offices were established within USDA:
(A) Consolidated Farm Service Agency. The Consolidated Farm Service
Agency is headed by an Administrator who reports to the Under Secretary
of Agriculture for Farm and Foreign Agricultural Services. The Agency
is assigned responsibility for agricultural price and income support
programs, production adjustment programs, and the conservation reserve
and agricultural conservation programs formerly performed by the
Agricultural Stabilization and Conservation Service, supervision of the
Federal Crop Insurance Corporation, farm-related agricultural credit
programs formerly performed by the Farmers Home Administration, and
such other programs related to farm services as are assigned.
(B) Rural Utilities Service. The Rural Utilities Service is headed
by an Administrator who reports to the Under Secretary of Agriculture
for Rural Economic and Community Development. The Service is assigned
responsibility for electric and telephone loan programs formerly
performed by
[[Page 31767]]
the Rural Electrification Administration, water and waste facility
loans and grants formerly assigned to the Rural Development
Administration, and such other functions related to rural utilities
services as are assigned.
(C) Rural Housing and Community Development Service. The Rural
Housing and Community Development Service is headed by an Administrator
who reports to the Under Secretary of Agriculture for Rural Economic
and Community Development. The Service is assigned responsibility for
housing loan programs formerly performed by the Farmers Home
Administration, community facilities loan programs formerly performed
by the Rural Development Administration, and such other programs
related to rural housing and community development as are assigned.
(D) Rural Business and Cooperative Development Service. The Rural
Business and Cooperative Development Service is headed by an
Administrator who reports to the Under Secretary of Agriculture for
Rural Economic and Community Development. The Service is assigned
responsibility for business and industry loan programs and assistance
programs for cooperatives formerly performed by the Rural Development
Administration, and such other functions related to rural business and
cooperative development as are assigned.
(E) Food and Consumer Service. The Food and Consumer Service is
headed by an Administrator who reports to the Under Secretary of
Agriculture for Food, Nutrition, and Consumer Services. The Service is
assigned responsibility for all food stamp, school lunch, child
nutrition, and special feeding programs formerly performed by the Food
and Nutrition Service, and for such other functions related to food and
consumer services as are assigned.
(F) Natural Resources Conservation Service. The Natural Resources
Conservation Service is headed by a Chief who reports to the Under
Secretary of Agriculture for Natural Resources and Environment. The
Service is assigned responsibility for all soil and water conservation
programs formerly performed by the Soil Conservation Service, the
Wetlands Reserve, Water Bank, Colorado River Basin Salinity Control,
and Forestry Incentives programs formerly performed by the Agricultural
Stabilization and Conservation Service, the Farms for the Future Act
program formerly performed by the Farmers Home Administration, and such
other functions related to natural resources conservation as are
assigned.
(G) Cooperative State Research, Education, and Extension Service.
The Cooperative State Research, Education, and Extension Service is
established by the Act. It is headed by an Administrator who reports to
the Under Secretary of Agriculture for Research, Education, and
Economics. The Service is assigned responsibility for all cooperative
State and other research programs formerly performed by the Cooperative
State Research Service, all cooperative education and extension
programs formerly performed by the Extension Service, and such other
functions related to cooperative research, education, and extension as
are assigned.
(H) Grain Inspection, Packers and Stockyards Administration. The
Grain Inspection, Packers and Stockyards Administration is headed by an
Administrator who reports to the Assistant Secretary of Agriculture for
Marketing and Regulatory Programs. The Administration is assigned
responsibility for all programs and activities formerly performed by
the Federal Grain Inspection Service and by the Packers and Stockyards
Administration, and such other functions related to regulatory programs
as are assigned.
(I) National Appeals Division. The National Appeals Division is
headed by a Director who reports to the Secretary. The Division is
assigned responsibility for all administrative appeals formerly
performed by the National Appeals Division of the Agricultural
Stabilization and Conservation Service and by the National Appeals
Staff of the Farmers Home Administration, appeals arising from
decisions of the Federal Crop Insurance Corporation and the Soil
Conservation Service, appeals arising from decisions of the successors
to these agencies established by this Memorandum, and such other
administrative appeals arising from decisions of agencies and offices
of USDA as are assigned.
(J) Office of Risk Assessment and Cost-Benefit Analysis. The Office
of Risk Assessment and Cost-Benefit Analysis is headed by a Director
who reports to the Chief Economist. The Office is assigned
responsibility for assessing the risks to human health, human safety,
or the environment, and for preparing cost-benefit analyses, with
respect to proposed major regulations, and for publishing such
assessments and analyses in the Federal Register. The Office also has
responsibility for such other analytical functions as are assigned.
The following subcabinet positions were abolished:
(A) Under Secretary of Agriculture for International Affairs and
Commodity Programs.
(B) Under Secretary of Agriculture for Small Community and Rural
Development.
(C) Assistant Secretary of Agriculture for Economics.
(D) Assistant Secretary of Agriculture for Food and Consumer
Services.
(E) Assistant Secretary of Agriculture for Marketing and Inspection
Services.
(F) Assistant Secretary of Agriculture for Natural Resources and
Environment.
(G) Assistant Secretary of Agriculture for Science and Education.
The following agencies and offices within USDA were abolished:
(A) Agricultural Stabilization and Conservation Service.
(B) Farmers Home Administration.
(C) Rural Development Administration.
(D) Rural Electrification Administration.
(E) Food and Nutrition Service.
(F) Soil Conservation Service.
(G) Cooperative State Research Service.
(H) Extension Service.
(I) National Agricultural Library.
(J) Federal Grain Inspection Service.
(K) Packers and Stockyards Administration.
(L) Office of the Consumer Advisor.
In addition, the following agencies are abolished:
(A) Office of International Cooperation and Development.
(B) Office of Energy.
(C) Economic Analysis Staff.
(D) Economics Management Staff.
(E) Agricultural Cooperative Service.
In connection with this reorganization, the Secretary on October
20, 1994, designated a major agency of the Department, in keeping with
the reorganization legislation, as the ``Consolidated Farm Service
Agency.'' That agency is charged with responsibility for all
agricultural price and income support programs, disaster and crop
insurance programs, and farm program lending activities. Upon
reflection, it is proposed herein that the name be changed to ``Farm
Service Agency,'' for purposes of simplicity and in order better to
reflect that agency's mission.
Pursuant to Pub. L. 101-576, the Chief Financial Officers Act of
1990 (CFO Act), there is required to be in the Department of
Agriculture the position of Chief Financial Officer (CFO). This
document makes delegations to the CFO. It also abolishes the Office of
Finance and Management. The CFO Act provides that the CFO, in addition
to other specified duties, shall oversee all
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financial management activities relating to the programs of the
Department; develop and maintain an integrated Department accounting
and financial management system; direct, manage, and provide policy
guidance and oversight of Department financial management personnel,
activities, and operations; monitor the financial execution of the
budget of the Department in relation to projected and actual
expenditures; review the financial management budgets of the component
agencies, and provide recommendations to the Office of Budget and
Program Analysis; provide advice and make recommendations to the
Secretary on financial management and other program matters, including
budget levels for financial management budgets; and review, on a
biennial basis, the fees, royalties, rents, and other charges imposed
by the Department for services and things of value it provides, and
make recommendations on revising those charges to reflect costs
incurred in providing those services and things of value.
Section 212(c) of the Act provides that the Secretary shall, to the
extent practicable give advance public notice of the proposed
reorganization of the Department or the delegation of any major
functions to any agency or officer. Accordingly, it is proposed to
revise 7 CFR Part 2 as set forth below.
List of Subjects in 7 CFR Part 2
Authority delegations (Government agencies).
PART 2--DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE
AND GENERAL OFFICERS OF THE DEPARTMENT
Subpart A--General
Sec.
2.1 Establishment of the Department.
2.2 Authority of the Secretary to prescribe regulations.
2.3 Authority of the Secretary to delegate authority.
2.4 General officers.
2.5 Order in which officers of the Department shall act as
Secretary.
Subpart B--General Delegations of Authority by the Secretary of
Agriculture
2.7 Authority to supervise and direct.
2.8 Delegations of authority to Agency Heads to order that the
United States flag be flown at half-staff.
2.9 Additional delegations.
2.10 Limitations.
2.11 New principles and periodic reviews.
2.12 Secretary and general officers not precluded from exercising
delegated powers.
2.13 Status of prior delegations.
Subpart C--Delegations of Authority to the Deputy Secretary, the Under
Secretaries and Assistant Secretaries
2.15 Deputy Secretary.
2.16 Under Secretary for Farm and Foreign Agricultural Services.
2.17 Under Secretary for Rural Economic and Community Development.
2.18 Under Secretary for Food Safety.
2.19 Under Secretary for Food, Nutrition, and Consumer Services.
2.20 Under Secretary for Natural Resources and Environment.
2.21 Under Secretary for Research, Education, and Economics.
2.22 Assistant Secretary for Marketing and Regulatory Programs.
2.23 Assistant Secretary for Congressional Relations.
2.24 Assistant Secretary for Administration.
Subpart D--Delegations of Authority to Other General Officers and
Agency Heads
2.26 Director, Office of the Executive Secretariat.
2.27 Office of Administrative Law Judges.
2.28 Chief Financial Officer.
2.29 Chief Economist.
2.30 Director, Office of Budget and Program Analysis.
2.31 General Counsel.
2.32 Alternative Agricultural Research and Commercialization Board.
2.33 Inspector General.
2.34 Director, National Appeals Division.
2.35 Judicial Officer.
2.36 Director, Office of Communications.
Subpart E--Delegations of Authority by the Deputy Secretary
2.37 Director, Office of Small and Disadvantaged Business
Utilization.
Subpart F--Delegations of Authority by the Under Secretary for Farm and
Foreign Agricultural Services
2.40 Deputy Under Secretary for Farm and Foreign Agricultural
Services.
2.42 Administrator, Farm Service Agency.
2.43 Administrator, Foreign Agricultural Service.
Subpart G--Delegations of Authority by the Under Secretary for Rural
Economic and Community Development
2.45 Deputy Under Secretary for Rural Economic and Community
Development.
2.47 Administrator, Rural Utilities Service.
2.48 Administrator, Rural Business and Cooperative Development
Service.
2.49 Administrator, Rural Housing and Community Development
Service.
Subpart H--Delegations of Authority by the Under Secretary for Food
Safety
2.51 Deputy Under Secretary for Food Safety.
2.53 Administrator, Food Safety and Inspection Service.
Subpart I--Delegations of Authority by the Under Secretary for Food,
Nutrition, and Consumer Services
2.55 Deputy Under Secretary for Food, Nutrition, and Consumer
Services.
2.57 Administrator, Food and Consumer Service.
Subpart J--Delegations of Authority by the Under Secretary for Natural
Resources and Environment
2.59 Deputy Under Secretaries for Natural Resources and
Environment.
2.60 Chief, Forest Service.
2.61 Chief, Natural Resources Conservation Service.
Subpart K--Delegations of Authority by the Under Secretary for
Research, Education, and Economics
2.63 Deputy Under Secretary for Research, Education, and Economics.
2.65 Administrator, Agricultural Research Service.
2.66 Administrator, Cooperative State Research, Education, and
Extension Service.
2.67 Administrator, Economic Research Service.
2.68 Administrator, National Agricultural Statistics Service.
Subpart L--Delegations of Authority by the Chief Economist
2.70 Deputy Chief Economist.
2.71 Director, Office of Risk Assessment and Cost-Benefit Analysis.
2.72 Chairman, World Agricultural Outlook Board.
Subpart M--Delegations of Authority by the Chief Financial Officer
2.75 Deputy Chief Financial Officer.
Subpart N--Delegations of Authority by the Assistant Secretary for
Marketing and Regulatory Programs
2.77 Deputy Assistant Secretary for Marketing and Regulatory
Programs.
2.79 Administrator, Agricultural Marketing Service.
2.80 Administrator, Animal and Plant Health Inspection Service.
2.81 Administrator, Grain Inspection, Packers and Stockyards
Administration.
Subpart O--Delegations of Authority by the Assistant Secretary for
Congressional Relations
2.83 Deputy Assistant Secretary for Congressional Relations.
2.85 Director, Office of Congressional and Intergovernmental
Relations.
Subpart P--Delegations of Authority by the Assistant Secretary for
Administration
2.87 Deputy Assistant Secretary for Administration.
2.89 Director, Office of Civil Rights Enforcement.
2.90 Director, Office of Information Resources Management.
2.91 Director, Office of Operations.
2.92 Director, Office of Personnel.
Authority: Sec. 212(a), Pub. L. 103-353, 108 Stat. 3210 (7
U.S.C. 6912(a)(1)); 5 U.S.C. 301; Reorganization Plan No. 2 of 1953,
3 CFR, 1949-1953 Comp., p. 1024.
Subpart A--General
Sec. 2.1 Establishment of the Department.
The Department of Agriculture was created by the Act of May 15,
1862, and
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by the Act of February 9, 1889, it was made an executive department in
the Federal Government under the supervision and control of the
Secretary of Agriculture (7 U.S.C. 2201, 2202, 2204).
Sec. 2.2 Authority of the Secretary to prescribe regulations.
The general authority of the Secretary to prescribe regulations
governing the work of the Department is based on 5 U.S.C. 301 which
provides that the head of an Executive department may prescribe
regulations for the government of his department, the conduct of its
employees, the distribution and performance of its business, and the
custody, use and preservation of its records, papers, and property.
Sec. 2.3 Authority of the Secretary to delegate authority.
(a) The general authority of the Secretary to make delegations of
his authority is based on:
(i) Section 4(a) of Reorganization Plan No. 2 of 1953 which
provides that the Secretary of Agriculture may from time to time make
such provisions as he shall deem appropriate authorizing the
performance by any other officer, or by an agency or employee, of the
Department of Agriculture of any function of the Secretary, including
any function transferred to the Secretary by the provisions of this
reorganization plan;
and
(ii) Section 212(a)(1) of the Department of Agriculture
Reorganization Act of 1994, Pub. L. 103-354, 7 U.S.C. 6912(a)(1), which
provides that the Secretary may delegate to any agency, office,
officer, or employee of the Department the authority to perform any
function transferred to the Secretary under section 211(a) or any other
function vested in the Secretary as of the date of the enactment of the
Act.
Sec. 2.4 General officers.
The work of the Department is under the supervision and control of
the Secretary who is assisted by the following general officers: the
Deputy Secretary; the Under Secretary for Farm and Foreign Agricultural
Services; the Under Secretary for Rural Economic and Community
Development; the Under Secretary for Food Safety; the Under Secretary
for Food, Nutrition, and Consumer Services; the Under Secretary for
Natural Resources and Environment; the Under Secretary for Research,
Education, and Economics; the Assistant Secretary for Marketing and
Regulatory Programs; the Assistant Secretary for Congressional
Relations; the Assistant Secretary for Administration; the General
Counsel; the Inspector General; the Chief Financial Officer; the
Judicial Officer; the Director, Office of Budget and Program Analysis;
the Chief Economist; the Director, National Appeals Division; the
Director of Communications; and the Director, Office of Small and
Disadvantaged Business Utilization.
Sec. 2.5 Order in which officers of the Department shall act as
Secretary.
(a) Pursuant to Executive Order 11957, 3 CFR, 1977 Comp., p. 79, in
the case of the absence, sickness, resignation, or death of both the
Secretary and the Deputy Secretary, the officials designated in
paragraphs (a)(1) through (a)(10) shall act as Secretary in the order
in which they are listed. Each official shall act only in the absence,
sickness, resignation, or death of the immediately preceding official:
(1) The Under Secretary for Farm and Foreign Agricultural Services.
(2) The Under Secretary for Rural Economic and Community
Development.
(3) The Under Secretary for Food Safety.
(4) The Under Secretary for Food, Nutrition, and Consumer Services.
(5) The Under Secretary for Natural Resources and Environment.
(6) The Under Secretary for Research, Education, and Economics.
(7) The General Counsel.
(8) The Assistant Secretary for Marketing and Regulatory Programs.
(9) The Assistant Secretary for Administration.
(10) The Assistant Secretary for Congressional Relations.
Subpart B--General Delegations of Authority by the Secretary of
Agriculture
Sec. 2.7 Authority to supervise and direct.
Unless specifically reserved, or otherwise delegated, the
delegations of authority to each general officer of the Department and
each agency head contained in this part includes the authority to
direct and supervise the employees engaged in the conduct of activities
under such official's jurisdiction, and the authority to take any
action, execute any document, authorize any expenditure, promulgate any
rule, regulation, order, or instruction required by or authorized by
law and deemed by the general officer or agency head to be necessary
and proper to the discharge of his or her responsibilities. This
authority will be exercised subject to applicable administrative rules
and regulations. Unless otherwise provided, a general officer or agency
head may, subject to his or her continuing responsibility for the
proper discharge of delegations made to him, in this part, delegate and
provide for the redelegation of his or her authority to appropriate
officers and employees. Subject to the general supervision of the
Secretary, agency heads who are delegated authority from a general
officer, in this part or elsewhere, report to and are under the
supervision of that general officer.
Sec. 2.8 Delegations of authority to agency heads to order that the
United States flag be flown at half-staff.
Pursuant to section 5 of Presidential Proclamation 3044, 3 CFR,
1954-1958 Comp., p. 4, each general officer and agency head is
delegated authority to order that the United States flag shall be flown
at half-staff on buildings and grounds under his or her jurisdiction or
control. This authority shall be exercised in accordance with
directives promulgated by the Director, Office of Operations.
Sec. 2.9 Additional delegations.
The authority granted to a general officer may be exercised in the
discharge of any additional functions which the Secretary may assign.
Sec. 2.10 Limitations.
The delegations made in this part shall not be construed to confer
upon any general officer or agency head the authority of the Secretary
to prescribe regulations which by law require approval of the
President.
Sec. 2.11 New principles and periodic reviews.
In the exercise of authority delegated by the Secretary, the
application of new principles of major importance or a departure from
principles established by the Secretary should be brought to the
attention of the Secretary. General officers are responsible for
assuring that periodic reviews are conducted of the activities of the
agencies assigned to their direction and supervision, as required by 5
U.S.C. 305.
Sec. 2.12 Secretary and general officers not precluded from exercising
delegated powers.
No delegation of authority by the Secretary or a general officer
contained in this part shall preclude the Secretary or general officer
from exercising any of the authority so delegated.
Sec. 2.13 Status of prior delegations.
Nothing in this part shall affect the bylaws of the Commodity
Credit
[[Page 31770]]
Corporation, the Federal Crop Insurance Corporation, or the Rural
Telephone Bank. All delegations previously made which are inconsistent
with delegations made in this part are superseded; however, any
regulation, order, authorization, expenditure, or other instrument,
heretofore issued or made pursuant to any delegation of authority shall
continue in full force and effect unless and until withdrawn or
superseded pursuant to authority granted in this part.
Subpart C--Delegations of Authority to the Deputy Secretary, the
Under Secretaries and Assistant Secretaries
Sec. 2.15 Deputy Secretary.
The following delegation of authority is made by the Secretary of
Agriculture to the Deputy Secretary: Perform all of the duties and
exercise all of the powers and functions which are now, or which may
hereafter be, vested in the Secretary of Agriculture. This delegation
is subject to the limitation in Sec. 2.10.
Sec. 2.16 Under Secretary for Farm and Foreign Agricultural Services.
(a) The following delegations of authority are made by the
Secretary of Agriculture to the Under Secretary for Farm and Foreign
Agricultural Services:
(1) Related to consolidated farm service. (i) Formulate policies
and administer programs authorized by the Agricultural Adjustment Act
of 1938, as amended (7 U.S.C. 1282, et seq.).
(ii) Formulate policies and administer programs authorized by the
Agricultural Act of 1949, as amended (7 U.S.C. 1441, et seq.).
(iii) Coordinate and prevent duplication of aerial photographic
work of the Department, including:
(A) Clearing photography projects;
(B) Assigning symbols for new aerial photography, maintaining
symbol records, and furnishing symbol books;
(C) Recording departmental aerial photography flow and coordinating
the issuance of aerial photography status maps of latest coverage;
(D) Promoting interchange of technical information and techniques
to develop lower costs and better quality;
(E) Representing the Department on committees, task forces, work
groups, and other similar groups concerned with aerial photography
acquisition and reproduction, and serving as liaison with other
governmental agencies on aerial photography but excluding mapping;
(F) Providing a Chairperson for the Photography Sales Committee of
the Department;
(G) Coordinating development, preparation, and issuance of
specifications for aerial photography for the Department;
(H) Coordinating and performing procurement, inspection, and
application of specifications for USDA aerial photography;
(I) Providing for liaison with EROS Data Center to support USDA
programs and research with satellite imagery reproductions; and
(J) Maintaining library and files of USDA aerial film and
retrieving and supplying reproductions on request.
(iv) Administer the Agricultural Conservation Program under title X
of the Agricultural Act of 1970, as amended (16 U.S.C. 1501, et seq.),
and under the Soil Conservation and Domestic Allotment Act, as amended
(16 U.S.C. 590g, et seq.).
(v) Administer the Emergency Conservation Program under the
Agricultural Credit Act of 1978, as amended (16 U.S.C. 2201, et seq.).
(vi) Conduct fiscal, accounting and claims functions relating to
Commodity Credit Corporation (CCC) programs for which the Under
Secretary for Farm and Foreign Agricultural Services has been delegated
authority under paragraph (a)(3) of this section and, in conjunction
with other agencies of the U.S. Government, develop and formulate
agreements to reschedule amounts due from foreign countries.
(vii) Conduct assigned activities under the Strategic and Critical
Materials Stockpiling Act, as amended (50 U.S.C. 98, et seq.).
(viii) Supervise and direct Farm Service Agency State and county
offices and delegate functions to be performed by Farm Service Agency
State and county committees.
(ix) Administer the dairy indemnity program under the Act of August
13, 1968, as amended (7 U.S.C. 450j, et seq.).
(x) Administer procurement, processing, handling, distribution,
disposition, transportation, payment, and related services with respect
to surplus removal and supply operations which are carried out under
section 210 of the Agricultural Act of 1956 (7 U.S.C. 1859), the Act of
August 19, 1958, as amended (7 U.S.C. 1431 note), and section 709 of
the Food and Agricultural Act of 1965, as amended (7 U.S.C. 1446a-1),
except as delegated in paragraph (a)(3) of this section and to the
Under Secretary for Food, Nutrition, and Consumer Services in
Sec. 2.19, and assist the Under Secretary for Food, Nutrition, and
Consumer Services and the Assistant Secretary for Marketing and
Regulatory Programs in the procurement, handling, payment, and related
services under section 32 of the Act of August 24, 1935, as amended (7
U.S.C. 612c), the Act of June 28, 1937, as amended (7 U.S.C. 713c), the
National School Lunch Act, as amended (42 U.S.C. 1751, et seq.),
section 8 of the Child Nutrition Act of 1966, as amended (42 U.S.C.
1777), section 311 of the Older Americans Act of 1965, as amended (42
U.S.C. 3030a), section 4(a) of the Agriculture and Consumer Protection
Act of 1973, as amended (7 U.S.C. 612c note), and section 1114 of the
Agriculture and Food Act of 1981 (7 U.S.C. 1431e).
(xi) Administer Wool and Mohair Programs under the National Wool
Act of 1954, as amended (7 U.S.C. 1781, et seq.), and, in accordance
with section 708 of that Act (7 U.S.C. 1787), conduct referenda,
withhold funds (for advertising and promotion) from payments made to
producers under section 704 of that Act (7 U.S.C. 1783), and transfer
such funds to the person or agency designated by the Assistant
Secretary for Marketing and Regulatory Programs.
(xii) Administer the Agricultural Foreign Investment Disclosure Act
of 1978 (7 U.S.C. 3501, et seq.), except those functions delegated in
Sec. 2.21(a)(8)(xi).
(xiii) Administer energy management activities as assigned.
(xiv) 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.).
(xv) Conduct field operations of diversion programs for fresh
fruits and vegetables under section 32 of the Act of August 29, 1935.
(xvi) Administer the U.S. Warehouse Act, as amended (7 U.S.C. 241-
273), and perform compliance examinations for Farm Service Agency
programs.
(xvii) Administer the provisions of the Soil Conservation and
Domestic Allotment Act relating to assignment of payments (16 U.S.C.
590h(g)).
(xviii) Formulate and carry out the Conservation Reserve Program
under the Food Security Act of 1985, as amended (16 U.S.C. 1231, et
seq.).
(xix) Carry out functions relating to highly erodible land and
wetland conservation under sections 1211-1213 and 1221-1223 of the Food
Security Act of 1985, as amended (16 U.S.C. 3811-3813 and 3821-3823).
(xx) Administer the Integrated Farm Management Program under the
Food, Agriculture, Conservation, and Trade Act of 1990, as amended (7
U.S.C. 5822).
[[Page 31771]]
(xxi) 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 Farm Service Agency administered program.
(xxii) 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).
(xxiii) 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).
(2) Related to farm credit. (i) Administer the Consolidated Farm
and Rural Development Act (7 U.S.C. 1921, et seq.), except for the
authority contained in the following sections:
(A) Section 303(a)(2) and (3) (7 U.S.C. 1923(a)(2) and (3)),
relating to real estate loans for recreation and non-farm purposes;
(B) The authority in section 304(b) (7 U.S.C. 1924(b)), relating to
small business enterprise loans;
(C) Section 306 (7 U.S.C. 1926), relating to all programs in that
section;
(D) Section 306A (7 U.S.C. 1926a) and section 306B (7 U.S.C.
1926b), relating to the emergency community water assistance grant
programs;
(E) Section 306C (7 U.S.C. 1926c) to administer the water and waste
facility loans and grants to alleviate health risks;
(F) Sections 309 (7 U.S.C. 1929) and 309A (7 U.S.C. 1929a),
regarding assets and programs related to rural development;
(G) Section 310A (7 U.S.C. 1931), relating to watershed and
resource conservation and development loans;
(H) Section 310B (7 U.S.C. 1932), regarding rural industrialization
assistance;
(I) Section 312(b) (7 U.S.C. 1942(b)), relating to small business
enterprises;
(J) Section 342 (7 U.S.C. 1013a);
(K) Section 364 (7 U.S.C. 2006f), section 365 (7 U.S.C. 2008),
section 366 (7 U.S.C. 2008a), section 367 (7 U.S.C. 2008b), and section
368 (7 U.S.C. 2008c), regarding assets and programs related to rural
development; and
(L) Administrative provisions of subtitle D of the Consolidated
Farm and Rural Development Act related to Rural Utilities Service,
Rural Business and Cooperative Development Service, and Rural Housing
and Community Development Service activities.
(ii) Collect, service, and liquidate loans made or insured by the
Farm Service Agency, or its predecessor agencies.
(iii) Administer the Rural Rehabilitation Corporation Trust
Liquidation Act (40 U.S.C. 440, et seq.), and trust, liquidation, and
other agreements entered into pursuant thereto.
(iv) Make grants and enter into contracts and other agreements to
provide outreach and technical assistance to socially disadvantaged
farmers and ranchers under 7 U.S.C. 2279.
(v) Administer Farmers Home Administration or any successor agency
assets conveyed in trust under the Participation Sales Act of 1966 (12
U.S.C. 1717).
(vi) Administer the Emergency Loan and Guarantee Programs under
sections 232, 234, 237, and 253 of the Disaster Relief Act of 1970
(Pub. L. 91-606), the Disaster Relief Act of 1969 (Pub. L. 91-79), Pub.
L. 92-385, approved August 16, 1972, and the Emergency Livestock Credit
Act of 1974 (Pub. L. 93-357), as amended.
(vii) Administer loans to homestead or desertland entrymen and
purchasers of land in reclamation projects or to an entryman under the
desertland law (7 U.S.C. 1006a and 1006b).
(viii) Administer the Federal Claims Collection Act of 1966, as
amended (31 U.S.C. 3711, et seq.), and joint regulations issued
pursuant thereto by the Attorney General and the Comptroller General (4
CFR chapter II), with respect to claims of the Farm Service Agency.
(ix) Service, collect, settle, and liquidate:
(A) Deferred land purchase obligations of individuals under the
Wheeler-Case Act of August 11, 1939, as amended (16 U.S.C. 590y), and
under the item, ``Water Conservation and Utilization projects'' in the
Department of the Interior Appropriation Act, 1940 (53 Stat. 719), as
amended;
(B) Puerto Rican Hurricane Relief loans under the Act of July 11,
1956 (70 Stat. 525); and
(C) Loans made in conformance with section 4 of the Southeast
Hurricane Disaster Relief Act of 1965 (79 Stat. 1301).
(x) Administer loans to Indian tribes and tribal corporations (25
U.S.C. 488-492).
(xi) Administer the State Agricultural Loan Mediation Program under
title 5 of the Agricultural Credit Act of 1987 (7 U.S.C. 5101, et seq.)
(xii) Administer financial assistance programs relating to Economic
Opportunity Loans to Cooperatives under part A of title III and part D
of title I and the necessarily related functions in title VI of the
Economic Opportunity Act of 1964, as amended (42 U.S.C. 2763-2768,
2841-2855, 2942, 2943(b), 2961), delegated by the Director of the
Office of Economic Opportunity to the Secretary of Agriculture by
documents dated October 23, 1964 (29 FR 14764), and June 17, 1968 (33
FR 9850), respectively.
(xiii) Exercise all authority and discretion vested in the
Secretary by section 331(c) of the Consolidated Farm and Rural
Development Act, as amended by section 2 of the Farmers Home
Administration Improvement Act of 1994, Pub. L. No. 103-248 (7 U.S.C.
1981(c)), including the following:
(A) Determine, with the concurrence of the General Counsel, which
actions are to be referred to the Department of Justice for the conduct
of litigation, and refer such actions to the Department of Justice
through the General Counsel;
(B) Determine, with the concurrence of the General Counsel, which
actions are to be referred to the General Counsel, for the conduct of
litigation and refer such actions; and
(C) Enter into contracts with private sector attorneys for the
conduct of litigation, with the concurrence of the General Counsel,
after determining that the attorneys will provide competent and cost
effective representation for the Farm Service Agency.
(3) Related to foreign agriculture. (i) Coordinate the carrying out
by Department agencies of their functions involving foreign
agricultural policies and programs and their operations and activities
in foreign areas. Act as liaison on these matters and functions
relating to foreign agriculture between the Department of Agriculture
and the Department of State, the United States Trade Representative,
the Trade Policy Committee, the Agency for International Development,
and other departments, agencies, and committees of the U.S. Government,
foreign governments, the Organization for Economic Cooperation and
Development, the European Union, the Food and Agriculture Organization
of the United Nations, the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Organization of
American States, and other public and private U.S. and international
organizations, and the contracting parties to the General Agreement on
Tariffs and Trade (GATT) and the World Trade Organization (WTO).
(ii) Administer Departmental programs concerned with development of
foreign markets for agricultural products of the United States except
functions relating to export marketing
[[Page 31772]]
operations under section 32 of the Act of August 23, 1935, as amended
(7 U.S.C. 612c), delegated to the Assistant Secretary for Marketing and
Regulatory Programs, and utilization research delegated to the Under
Secretary for Research, Education, and Economics.
(iii) Conduct studies of worldwide production, trade, marketing,
prices, consumption, and other factors affecting exports and imports of
U.S. agricultural commodities; obtain information on methods used by
other countries to move farm commodities in world trade on a
competitive basis for use in the development of programs of this
Department; provide information to domestic producers, the agricultural
trade, the public and other interests; and promote normal commercial
markets abroad. This delegation excludes basic and long-range analyses
of world conditions and developments affecting supply, demand, and
trade in farm products and general economic analyses of the
international financial and monetary aspects of agricultural affairs as
assigned to the Under Secretary for Research, Education, and Economics.
(iv) Conduct functions of the Department relating to GATT, WTO, the
Trade Expansion Act of 1962 (19 U.S.C. 1801, et seq.), the Trade Act of
1974 (19 U.S.C. 2101, et seq.), the Trade Agreements Act of 1979 (19
U.S.C. 2501, et seq.), the Omnibus Trade and Competition Act of 1988
(19 U.S.C. 2901, et seq.), the provisions of subtitle B of title III of
the North American Free Trade Agreement Implementation Act, and other
legislation affecting international agricultural trade including the
programs designed to reduce foreign tariffs and other trade barriers.
(v) Maintain a worldwide agricultural intelligence and reporting
system, including provision for foreign agricultural representation
abroad to protect and promote U.S. agricultural interests, and to
acquire information on demand, competition, marketing, and distribution
of U.S. agricultural commodities abroad pursuant to title VI of the
Agricultural Act of 1954, as amended (7 U.S.C. 1761-1768).
(vi) Conduct Department activities to carry out the provisions of
the International Coffee Agreement Act of 1968 (19 U.S.C. 1356f).
(vii) Administer functions of the Department relating to import
controls, except those functions reserved to the Secretary in paragraph
(b) of this section and those relating to section 8e of the
Agricultural Act of 1938 (7 U.S.C. 608e-1), as assigned to the
Assistant Secretary for Marketing and Regulatory Programs. These
include:
(A) Functions under section 22 of the Agricultural Adjustment Act
of 1933, as amended (7 U.S.C. 624);
(B) General note 15(c) to the Harmonized Tariff Schedule of the
United States (19 U.S.C. 1202);
(C) Requests for emergency relief from duty-free imports of
perishable products filed with the Department of Agriculture under
section 213(f) of the Caribbean Basin Recovery Act of 1983 (19 U.S.C.
2703(f));
(D) Section 404 of the Trade and Tariff Act of 1984 (19 U.S.C. 2112
note);
(E) Section 204(e) of the Andean Trade Preference Act (19 U.S.C.
3203(e));
(F) Functions under sections 309 and 316 of the North American Free
Trade Agreement Implementation Act (19 U.S.C. 3358 and 3381);
(G) Section 301(a) of the United States-Canada Free Trade Agreement
Implementation Act (19 U.S.C. 2112 note); and
(H) Section 204 of the Agricultural Act of 1956, as amended (7
U.S.C. 1854).
(viii) Represent the Department on the Interdepartmental Committee
for Export Control and to conduct departmental activities to carry out
the provisions of the Export Administration Act of 1969, as amended (50
U.S.C. App. 2401, et seq.), except as reserved to the Secretary under
paragraph (b)(2) of this section.
(ix) Exercise the Department's responsibilities in connection with
international negotiations of the International Wheat Agreement and in
the administration of such Agreement.
(x) Plan and carry out programs and activities under the foreign
market promotion authority of the Wheat Research and Promotion Act (7
U.S.C. 1292 note); the Cotton Research and Promotion Act (7 U.S.C.
2101-2118); section 610 of the Agricultural Act of 1970 (7 U.S.C.
2119); the Potato Research and Promotion Act (7 U.S.C. 2611-2627); the
Egg Research and Consumer Information Act of 1974 (7 U.S.C. 2701-2718);
the National Wool Act of 1954, as amended (7 U.S.C. 1781-1787); the
Beef Research and Information Act, as amended (7 U.S.C. 2901-2918); the
Wheat and Wheat Foods Research and Nutrition Education Act (7 U.S.C.
3401-3417); subtitle B of title I of the Dairy and Tobacco Adjustment
Act of 1983 (7 U.S.C. 4501-4513); the Pecan Promotion and Research Act
of 1990 (7 U.S.C. 6001-6013; the Mushroom Promotion, Research, and
Consumer Information Act of 1990 (7 U.S.C. 6101-6112); the Lime
Research, Promotion and Consumer Information Act of 1990 (7 U.S.C.
6201-6212); and the Soybean Promotion, Research, and Consumer
Information Act of 1990 (7 U.S.C. 6301-6311). This authority includes
determining the programs and activities to be undertaken and assuring
that they are coordinated with the overall departmental programs to
develop foreign markets for U.S. agricultural products.
(xi) Formulate policies and administer barter programs under which
agricultural commodities are exported.
(xii) Perform functions of the Department in connection with the
development and implementation of agreements to finance the sale and
exportation of agricultural commodities under Public Law 480, 83rd
Congress, hereafter referred to as ``Public Law 480'' (7 U.S.C. 1691,
1701, et seq.).
(xiii) Administer commodity procurement and supply, transportation
(other than from point of export, except for movement to trust
territories or possessions), handling, payment, and related services in
connection with programs under titles II and III of Public Law 480 (7
U.S.C. 1691, 1701, et seq.), and payment and related services with
respect to export programs and barter operations.
(xiv) Coordinate within the Department activities arising under
Public Law 480 (except as delegated to the Under Secretary for
Research, Education, and Economics in Sec. 2.21(a)(8)), and represent
the Department in its relationships in such matters with the Department
of State, any interagency committee on Public Law 480, and other
departments, agencies and committees of the Government.
(xv) Formulate policies and implement programs to promote the
export of dairy products, as authorized under section 153 of the Food
Security Act of 1985, as amended (15 U.S.C. 713a-14), and of
sunflowerseed oil and cottonseed oil, as authorized under section
301(b)(2)(A) of the Disaster Assistance Act of 1988, as amended (7
U.S.C. 1464 note).
(xvi) Formulate policies and implement a program for the export
sales of dairy products, as authorized by section 1163 of the Food
Security Act of 1985 (7 U.S.C. 1731 note).
(xvii) Carry out activities relating to the sale, reduction, or
cancellation of debt, as authorized by title VI of the Agricultural
Trade and Development Act of 1954, as amended (7 U.S.C. 1738, et seq.).
(xviii) Carry out debt-for-health-and-protection swaps, as
authorized by section 1517 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 1706).
[[Page 31773]]
(xix) Determine the agricultural commodities acquired under price
support programs which are available for export and allocate such
commodities among the various export programs.
(xx) Conduct economic analyses pertaining to the foreign sugar
situation.
(xxi) Exercise the Department's functions with respect to the
International Sugar Agreement or any such future agreements.
(xxii) Exercise the Department's responsibilities with respect to
tariff-rate quotes for dairy products under chapter 4 of the Harmonized
Tariff Schedule of the United States (19 U.S.C. 1202).
(xxiii) Serve as a focal point for handling quality or weight
discrepancy inquiries from foreign buyers of U.S. agricultural
commodities to insure that they are investigated and receive a timely
response and that reports thereof are made to appropriate parties and
government officials in order that corrective action may be taken.
(xxiv) Establish and administer regulations relating to foreign
travel by employees of the Department. Regulations will include, but
not be limited to, obtaining and controlling passports, obtaining
visas, coordinating Department of State medical clearances and imposing
requirements for itineraries and contacting the Foreign Agricultural
Affairs Officers upon arrival in the Officers' country(ies) of
responsibility.
(xxv) Formulate policies and administer programs and activities
authorized by the Agricultural Trade Act of 1978, as amended (7 U.S.C.
5601, et seq.).
(xxvi) Administer the Foreign Service personnel system for the
Department in accordance with 22 U.S.C. 3922, except as otherwise
delegated to the Assistant Secretary for Marketing and Regulatory
Programs in Sec. 2.22(a)(2)(i), but including authority to approve
joint regulations issued by the Department of State and authority to
represent the Department of Agriculture in all interagency
consultations and negotiations with the other foreign affairs agencies
with respect to joint regulations.
(xxvii) Establish and maintain U.S. Agricultural Trade Offices, to
develop, maintain and expand international markets for U.S.
agricultural commodities in accordance with title IV of Pub. L. 95-501
(7 U.S.C. 1765a-g).
(xxviii) Administer the programs under section 416(b) of the
Agricultural Act of 1949, as amended (7 U.S.C. 1431(b)), relating to
the foreign donation of CCC stocks of agricultural commodities.
(xxix) Administer section 214 of the Tobacco Adjustment Act of 1983
(7 U.S.C. 509).
(xxx) Administer section 1558 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 958).
(xxxi) Administer programs under the Food for Progress Act of 1985
(7 U.S.C. 1736o).
(xxxii) Serve as Department adviser on policies, organizational
arrangements, budgets, and actions to accomplish international
scientific and technical cooperation in food and agriculture.
(xxxiii) Administer and direct the Department's programs in
international development, technical assistance, and training carried
out under the Foreign Assistance Act, as amended, as requested under
such act (22 U.S.C. 2151, et seq.).
(xxxiv) Administer and coordinate assigned Departmental programs in
international research and scientific and technical cooperation with
other governmental agencies, land grant universities, international
organizations, international agricultural research centers, and other
institutions (7 U.S.C. 1624, 3291).
(xxxv) Direct and coordinate the Department's participation in
scientific and technical matters and exchange agreements between the
United States and other countries.
(xxxvi) Direct and coordinate the Department's work in
international organizations and interagency committees concerned with
food and agricultural development programs (7 U.S.C. 2201-2202).
(xxxvii) Coordinate policy formulation for USDA international
science and technology programs concerning international agricultural
research centers, international organizations, and international
agricultural research and extension activities (7 U.S.C. 3291).
(xxxviii) Disseminate, upon request, information on subjects
connected with agriculture which has been acquired by USDA agencies
that may be useful to the U.S. private sector in expanding foreign
markets and investment opportunities through the operation of a
Department information center, pursuant to 7 U.S.C. 2201.
(xxxix) Enter into contracts, grants, cooperative agreements, and
cost reimbursable agreements relating to agricultural research,
extension, or teaching activities (7 U.S.C. 3318, 3319a).
(xl) Determine amounts reimbursable for indirect costs under
international agricultural programs and agreements (7 U.S.C. 3319).
(xli) Administer the Cochran Fellowship Program (7 U.S.C. 3293).
(xlii) Determine quantity trigger levels and impose additional
duties under the special safeguard measures in accordance with U.S.
note 2 to subchapter IV of chapter 99 of the Harmonized Tariff Schedule
of the United States (19 U.S.C. 1202).
(4) Related to federal crop insurance. (i) Exercise general
supervision of the Federal Crop Insurance Corporation.
(ii) Appoint such officers and employees as may be necessary for
the transaction of the business of the Corporation, except, as provided
in paragraph (b)(3) of this section.
(5) Related to committee management. Establish and reestablish
regional, state, and local advisory committees for activities under his
or her authority. This authority may not be redelegated.
(6) Related to defense and emergency preparedness. Administer
responsibilities and functions assigned under the Defense Production
Act of 1950, as amended (50 U.S.C. App. 2061, et seq.), and title VI of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5195, et seq.), concerning agricultural production; food
processing, storage, and distribution; distribution of farm equipment
and fertilizer; rehabilitation and use of food, agricultural and
related agribusiness facilities; CCC resources; farm credit and
financial assistance; and foreign agricultural intelligence and other
foreign agricultural matters.
(7) Related to environmental response. With respect to land and
facilities under his or her authority, exercise the functions delegated
to the Secretary by Executive Order 12580, 3 CFR, 1987 Comp., p. 193,
under the following provisions of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (``the Act''), as
amended:
(i) Sections 104 (a), (b), and (c)(4) of the Act (42 U.S.C. 9604
(a), (b), and (c)(4)), with respect to removal and remedial actions in
the event of release or threatened release of a hazardous substance,
pollutant, or contaminant into the environment;
(ii) Sections 104 (e)-(h) of the Act (42 U.S.C. 9604 (e)-(h)), with
respect to information gathering and access requests and orders;
compliance with Federal health and safety standards and wage and labor
standards applicable to covered work; and emergency procurement powers;
(iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with
respect to the reduction of exposure to significant risk to human
health;
[[Page 31774]]
(iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to
the acquisition of real property and interests in real property
required to conduct a remedial action;
(v) The first two sentences of section 105(d) of the Act (42 U.S.C.
9605(d)), with respect to petition for preliminary assessment of a
release or threatened release;
(vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to
consideration of the availability of qualified minority firms in
awarding contracts, but excluding that portion of section 105(f)
pertaining to the annual report to Congress;
(vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the
assessment of civil penalties for violations of section 122 of the Act
(42 U.S.C. 9622), and the granting of awards to individuals providing
information;
(viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect
to the designation of officials who may obligate money in the Hazardous
Substances Superfund;
(ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to
establishing an administrative record upon which to base the selection
of a response action and identifying and notifying potentially
responsible parties;
(x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to
preliminary assessment and site inspection of facilities;
(xi) Sections 117 (a) and (c) of the Act (42 U.S.C. 9617(a) and
(c)), with respect to public participation in the preparation of any
plan for remedial action and explanation of variances from the final
remedial action plan for any remedial action or enforcement action,
including any settlement or consent decree entered into;
(xii) Section 119 of the Act (42 U.S.C. 9119), with respect to
indemnifying response action contractors;
(xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to
cleanup standards; and
(xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C.
9622(b)(1)), related to mixed funding agreements.
(8) Related to compliance with environmental laws. With respect to
facilities and activities under his or her authority, to exercise the
authority of the Secretary of Agriculture pursuant to section 1-102
related to compliance with applicable pollution control standards and
section 1-601 of Executive Order 12088, 3 CFR, 1978 Comp., p. 243, to
enter into an inter-agency agreement with the United States
Environmental Protection Agency, or an administrative consent order or
a consent judgment in an appropriate State, interstate, or local
agency, containing a plan and schedule to achieve and maintain
compliance with applicable pollution control standards established
pursuant to the following:
(i) Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act, as further amended by the Hazardous and
Solid Waste Amendments, and the Federal Facility Compliance Act (42
U.S.C. 6901, et seq.);
(ii) Federal Water Pollution Prevention and Control Act, as amended
(33 U.S.C. 1251, et seq.);
(iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f, et
seq.);
(iv) Clean Air Act, as amended (42 U.S.C. 7401, et seq.);
(v) Noise Control Act of 1972, as amended (42 U.S.C. 4901, et
seq.);
(vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601, et
seq.);
(vii) Federal Insecticide, Fungicide, and Rodenticide Act, as
amended (7 U.S.C. 136, et seq.); and
(viii) Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended by the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. 9601, et seq.).
(b) The following authorities are reserved to the Secretary of
Agriculture:
(1) Related to farm service. (i) Appointment of Farm Service Agency
State committeemen.
(ii) Final approval of regulations relating to the selection and
exercise of the functions of committees promulgated under section 8(b)
of the Soil Conservation and Domestic Allotment Act, as amended (16
U.S.C. 590h(b)).
(2) Related to foreign agriculture. (i) Approving export controls
with respect to any agricultural commodity, including fats and oils or
animal hides or skins as provided for in the Export Administration Act
of 1969, as amended (50 U.S.C. App. 2401, et seq.).
(ii) Advising the President that imports are having the effect on
programs or operations of this Department required as a prerequisite
for the imposition of import controls under section 22 of the
Agricultural Adjustment Act of 1933, as amended (7 U.S.C. 624a),
recommending that the President cause an investigation to be made by
the Tariff Commission of the facts so that a determination can be made
whether import restrictions should be imposed under that Act, and
determining under section 204(e) of the Andean Trade Preference Act (19
U.S.C. 3203(e)) that there exists a serious injury, or threat thereof
and recommending to the President whether or not to take action.
(iii) Determining the agricultural commodities and the quantities
thereof available for disposition under Public Law 480 (7 U.S.C. 1731).
(3) Related to federal crop insurance. (i) Appointment of the Board
of Directors, Federal Crop Insurance Corporation.
(ii) Appointment of the Manager, Federal Crop Insurance
Corporation.
Sec. 2.17 Under Secretary for Rural Economic and Community
Development.
(a) The following delegations of authority are made by the
Secretary of Agriculture to the Under Secretary for Rural Economic and
Community Development:
(1) Provide leadership and coordination within the executive branch
of a Nationwide Rural Development Program utilizing the services of
executive branch departments and agencies and the agencies, bureaus,
offices, and services of the Department of Agriculture in coordination
with rural development programs of State and local governments (7
U.S.C. 2204).
(2) Coordinate activities relative to rural development among
agencies reporting to the Under Secretary for Rural Economic and
Community Development and, through appropriate channels, serve as the
coordinating official for other departmental agencies having primary
responsibilities for specific titles of the Rural Development Act of
1972, and allied legislation.
(3) Administer a national program of economic, social, and
environmental research and analysis, statistical programs, and
associated service work related to rural people and the communities in
which they live including rural industrialization; rural population and
manpower; local government finance; income development strategies;
housing; social services and utilization; adjustments to changing
economic and technical forces; and other related matters.
(4) Work with Federal agencies in encouraging the creation of rural
community development organizations.
(5) Assist other Federal agencies in making rural community
development organizations aware of the Federal programs available to
them.
(6) Advise rural community development organizations of the
availability of Federal assistance programs.
[[Page 31775]]
(7) Advise other Federal agencies of the need for particular
Federal programs.
(8) Assist rural community development organizations in making
contact with Federal agencies whose assistance may be of benefit to
them.
(9) Assist other Federal agencies and national organizations in
developing means for extending their services effectively to rural
areas.
(10) Assist other Federal agencies in designating pilot projects in
rural areas.
(11) Conduct studies to determine how programs of the Department
can be brought to bear on the economic development problems of the
country and assure that local groups are receiving adequate technical
assistance from Federal agencies or from local and State governments in
formulating development programs and in carrying out planned
development activities.
(12) Assist other Federal agencies in formulating manpower
development and training policies.
(13) Related to committee management. Establish and reestablish
regional, state, and local advisory committees for activities under his
or her authority. This authority may not be re-delegated.
(14) Related to defense and emergency preparedness. Administer
responsibilities and functions assigned under the Defense Production
Act of 1950, as amended (50 U.S.C. App. 2061, et seq.), and title VI of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5195, et seq.), concerning rural development credit and
financial assistance.
(15) Related to energy. (i) Provide Department-wide operational
support and coordination for loan and grant programs to foster and
encourage the production of fuels from agricultural and forestry
products or by-products.
(ii) Participate as a Department representative at conferences,
meetings and other contacts including liaison with the Department of
Energy and other government agencies and departments with respect to
implementation of established Department energy policy.
(iii) Serve as Co-Chairperson of the Energy Coordinating Committee
of the Department.
(16) Collect, service, and liquidate loans made, insured, or
guaranteed by the Rural Utilities Service, the Rural Housing and
Community Development Service, the Rural Business and Cooperative
Development Service, or their predecessor agencies.
(17) Administer the Federal Claims Collection Act of 1966 (31
U.S.C. 3711, et seq.), and joint regulations issued pursuant thereto by
the Attorney General and the Comptroller General (4 CFR chapter II),
with respect to claims of the Rural Housing and Community Development
Service, the Rural Business and Cooperative Development Service and the
Rural Utilities Service.
(18) With respect to land and facilities under his or her
authority, exercise the functions delegated to the Secretary by
Executive Order 12580, 3 CFR, 1987 Comp., p. 193, under the following
provisions of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (``the Act''), as amended:
(i) Sections 104 (a), (b), and (c)(4) of the Act (42 U.S.C. 9604
(a), (b), and (c)(4)), with respect to removal and remedial actions in
the event of release or threatened release of a hazardous substance,
pollutant, or contaminant into the environment;
(ii) Sections 104 (e)-(h) of the Act (42 U.S.C. 9604 (e)-(h)), with
respect to information gathering and access requests and orders;
compliance with Federal health and safety standards and wage and labor
standards applicable to covered work; and emergency procurement powers;
(iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with
respect to the reduction of exposure to significant risk to human
health;
(iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to
the acquisition of real property and interests in real property
required to conduct a remedial action;
(v) The first two sentences of section 105(d) of the Act (42 U.S.C.
9605(d)), with respect to petitions for preliminary assessment of a
release or threatened release;
(vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to
consideration of the availability of qualified minority firms in
awarding contracts, but excluding that portion of section 105(f)
pertaining to the annual report to Congress;
(vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the
assessment of civil penalties for violations of section 122 of the Act
(42 U.S.C. 9622), and the granting of awards to individuals providing
information;
(viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect
to the designation of officials who may obligate money in the Hazardous
Substances Superfund;
(ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to
establishing an administrative record upon which to base the selection
of a response action and identifying and notifying potentially
responsible parties;
(x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to
preliminary assessment and site inspection of facilities;
(xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and
(c)), with respect to public participation in the preparation of any
plan for remedial action and explanation of variances from the final
remedial action plan for any remedial action or enforcement action,
including any settlement or consent decree entered into;
(xii) Section 119 of the Act (42 U.S.C. 9119), with respect to
indemnifying response action contractors;
(xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to
cleanup standards; and
(xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C.
9622(b)(1)), related to mixed funding agreements.
(19) With respect to facilities and activities under his or her
authority, to exercise the authority of the Secretary of Agriculture
pursuant to section 1-102 related to compliance with applicable
pollution control standards and section 1-601 of Executive Order 12088,
3 CFR, 1978 Comp., p. 243, to enter into an inter-agency agreement with
the United States Environmental Protection Agency, or an administrative
consent order or a consent judgment in an appropriate State,
interstate, or local agency, containing a plan and schedule to achieve
and maintain compliance with applicable pollution control standards
established pursuant to the following:
(i) Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act, as further amended by the Hazardous and
Solid Waste Amendments, and the Federal Facility Compliance Act (42
U.S.C. 6901, et seq.);
(ii) Federal Water Pollution Prevention and Control Act, as amended
(33 U.S.C. 1251, et seq.);
(iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f, et
seq.);
(iv) Clean Air Act, as amended (42 U.S.C. 7401, et seq.);
(v) Noise Control Act of 1972, as amended (42 U.S.C. 4901, et
seq.);
(vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601, et
seq.);
(vii) Federal Insecticide, Fungicide, and Rodenticide Act, as
amended (7 U.S.C. 136, et seq.); and
(viii) Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended by the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. 9601, et seq.).
[[Page 31776]]
(20) Related to rural utilities service. (i) Administer the Rural
Electrification Act of 1936, as amended (7 U.S.C. 901, et seq.) except
for rural economic development loan and grant programs; (7 U.S.C. 940c
and 950aa, et seq.): Provided, however, that the Under Secretary may
utilize consultants and attorneys for the provision of legal services
pursuant to 7 U.S.C. 918, with the concurrence of the General Counsel.
(ii) Administer the Rural Electrification Act of 1938 (7 U.S.C. 903
note).
(iii) Designate the chief executive officer of the Rural Telephone
Bank.
(iv) Administer the following sections of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1921, et seq.):
(A) Section 306 (7 U.S.C. 1926), related to water and waste
facilities;
(B) Section 306A (7 U.S.C. 1926a);
(C) Section 306B (7 U.S.C. 1926b);
(D) Section 306C (7 U.S.C. 1926c);
(E) Sections 309 (7 U.S.C. 1929) and 309A (7 U.S.C. 1929a),
relating to assets and programs related to watershed facilities,
resource and conservation facilities, and water and waste facilities;
(F) Section 310A (7 U.S.C. 1931), relating to watershed and
resource conservation and development;
(G) Section 310B(b) (7 U.S.C. 1932(b));
(H) Section 310B(i) (7 U.S.C. 1932(i)), relating to loans for
business telecommunications partnerships; and
(I) Administrative Provisions of subtitle D of the Consolidated
Farm and Rural Development Act relating to rural utility activities.
(v) Administer section 8, and those functions with respect to
repayment of obligations under section 4, of the Watershed Protection
and Flood Prevention Act (16 U.S.C. 1006a, 1004) and administer the
Resource Conservation and Development Program to assist in carrying out
resource conservation and development projects in rural areas under
section 32(e) of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(e)).
(vi) Administer the Water and Waste Loan Program (7 U.S.C. 1926-1).
(vii) Administer the Rural Wastewater Treatment Circuit Rider
Program (7 U.S.C. 1926 note).
(viii) Administer the Distance Learning and Medical Link Programs
(7 U.S.C. 950aaa, et seq.).
(ix) Administer Water and Waste Facility Programs and activities (7
U.S.C. 1926-1).
(21) Related to rural business and cooperative development. (i)
Administer the Rural Economic Development Loan and Grant Programs under
the Rural Electrification Act (7 U.S.C. 940c and 950aa, et seq.).
(ii) Administer the following sections of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1921, et seq.):
(A) Section 306(a)(11)(A) (7 U.S.C. 1926 (a)(11)(A)), relating to
grants for business technical assistance and planning;
(B) Section 304(b) (7 U.S.C. 1924(b)), relating to small business
enterprises;
(C) Sections 309 (7 U.S.C. 1929) and 309A (7 U.S.C. 1929a),
relating to assets and programs related to rural development;
(D) Section 310B (7 U.S.C. 1932), relating to rural
industrialization assistance, rural business enterprise grants and
rural technology and cooperative development grants;
(E) Section 312(b) (7 U.S.C. 1942(b)), relating to small business
enterprises; and
(F) Administrative Provisions of subtitle D of the Consolidated
Farm and Rural Development Act relating to rural business and
cooperative development activities.
(iii) Administer Alcohol Fuels Credit Guarantee Program Account
(Pub. L. 102-341, 106 Stat. 895).
(iv) Administer section 1323 of the Food Security Act of 1985 (7
U.S.C. 1932 note).
(v) Administer loan programs in the Appalachian region under
sections 203 and 204 of the Appalachian Regional Development Act of
1965 (40 U.S.C. App. 204).
(vi) Administer section 601 of the Powerplant and Industrial Fuel
Use Act of 1978 (Pub. L. 95-620).
(vii) Administer the Drought and Disaster Guaranteed Loan Program
under section 331 of the Disaster Assistance Act of 1988 (7 U.S.C.
1929a note).
(viii) Administer the Disaster Assistance for Rural Business
Enterprises Guaranteed Loan Program under section 401 of the Disaster
Assistance Act of 1989 (7 U.S.C. 1929a note).
(ix) Administer the Rural Economic Development Demonstration Grant
Program (7 U.S.C. 2662a).
(x) Administer the Economically Disadvantaged Rural Community Loan
Program (7 U.S.C. 6616).
(xi) Administer the Alternative Agricultural Research and
Commercialization Act of 1990, (7 U.S.C. 5901, et seq.).
(xii) Administer programs authorized by the Cooperative Marketing
Act of 1926 (7 U.S.C. 451-457).
(xiii) Carry out the responsibilities of the Secretary of
Agriculture relating to the marketing aspects of cooperatives,
including economic research and analysis, the application of economic
research findings, technical assistance to existing and developing
cooperatives, education on cooperatives, and statistical information
pertaining to cooperatives as authorized by the Agricultural Marketing
Act of 1946 (7 U.S.C. 1621-1627).
(xiv) Work with institutions and international organizations
throughout the world on subjects related to the development and
operation of agricultural cooperatives. Such work may be carried out
by:
(A) Exchanging materials and results with such institutions or
organizations;
(B) Engaging in joint or coordinated activities; or
(C) Stationing representatives at such institutions or
organizations in foreign countries (7 U.S.C. 3291).
(xv) Administer in rural areas the process of designation,
provision of monitoring and oversight, and provision of technical
assistance for Empowerment Zones and Enterprise Communities pursuant to
section 13301 of Pub. L. 103-66, Omnibus Budget Reconciliation Act of
1993 (26 U.S.C. 1391, et seq.)
(xvi) Work with Federal agencies in encouraging the creation of
local rural community development organizations. Within a State, assist
other Federal agencies in developing means for extending their services
effectively to rural areas and in designating pilot projects in rural
areas (7 U.S.C. 2204).
(xvii) Conduct assessments to determine how programs of the
Department can be brought to bear on the economic development problems
of a State or local area and assure that local groups are receiving
adequate and effective technical assistance from Federal agencies or
from local and State governments in formulating development programs
and in carrying out planned development activities (7 U.S.C. 2204b).
(xviii) Develop a process through which State, sub-state and local
rural development needs, goals, objectives, plans, and recommendations
can be received and assessed on a continuing basis (7 U.S.C. 2204b).
(xix) Prepare local or area-wide rural development strategies based
on the needs, goals, objectives, plans and recommendations of local
communities, sub-state areas and States (7 U.S.C. 2204b).
(xx) Develop a system of outreach in the State or local area to
promote rural development and provide for the publication and
dissemination of information, through multi-media methods, relating to
rural development. Advise local rural development
[[Page 31777]]
organizations of availability of Federal programs and the type of
assistance available, and assist in making contact with Federal program
(7 U.S.C. 2204; 7 U.S.C. 2204b).
(22) Related to rural housing and community development. (i)
Administer the following under the Consolidated Farm and Rural
Development Act (7 U.S.C. 1921, et seq.):
(A) Section 306 (7 U.S.C. 1926), except with respect to financing
for water and waste disposal facilities; or loans for rural
electrification or telephone systems or facilities other than
hydroelectric generating and related distribution systems and
supplemental and supporting structures if they are eligible for Rural
Utilities Service financing; and financing for grazing facilities and
irrigation and drainage facilities; and subsection 306(a)(11);
(B) Section 309A (7 U.S.C. 1929a), regarding assets and programs
relating to community facilities; and
(C) Administrative Provisions of subtitle D of the Consolidated
Farm and Rural Development Act relating to rural housing and community
development activities.
(ii) Administer title V of the Housing Act of 1949 (42 U.S.C. 1471,
et seq.), except those functions pertaining to research.
(iii) Make grants, administer a grant program, and determine the
types of assistance to be provided to aid low-income migrant and
seasonal farmworkers (42 U.S.C. 5177a).
(iv) Administer the Rural Housing Disaster Program under sections
232, 234, and 253 of the Disaster Relief Act of 1970 (Pub. L. 91-606).
(v) Exercise all authority and discretion vested in the Secretary
by section 510(d) of the Housing Act of 1949, as amended by section
1045 of the Stewart B. McKinney Homeless Assistance Amendments Act of
1988, Pub. L. 100-628 (42 U.S.C. 1480(d)), including the following:
(A) Determine, with the concurrence of the General Counsel, which
actions are to be referred to the Department of Justice for the conduct
of litigation, and refer such actions to the Department of Justice
through the General Counsel;
(B) Determine, with the concurrence of the General Counsel, which
actions are to be referred to the General Counsel for the conduct of
litigation and refer such actions; and
(C) Enter into contracts with private sector attorneys for the
conduct of litigation, with the concurrence of the General Counsel,
after determining that the attorneys will provide competent and cost
effective representation for the Rural Housing and Community
Development Service and representation by the attorney will either
accelerate the process by which a family or person eligible for
assistance under section 502 of the Housing Act of 1949 will be able to
purchase and occupy the housing involved, or preserve the quality of
the housing involved.
(b) The following authority is reserved to the Secretary of
Agriculture:
(1) Related to rural business and cooperative development.
Submission to the Congress of the report required pursuant to section
1469 of Pub. L. 101-624.
Sec. 2.18 Under Secretary for Food Safety.
(a) The following delegations of authority are made by the
Secretary of Agriculture to the Under Secretary for Food Safety:
(1) Related to food safety and inspection. (i) Exercise the
functions of the Secretary of Agriculture contained in the Agricultural
Marketing Act of 1946, as amended (7 U.S.C. 1621-1627), relating to
voluntary inspection of poultry and edible products thereof; voluntary
inspection and certification of technical animal fat; certified
products for dogs, cats, and other carnivora; voluntary inspection of
rabbits and edible products thereof; and voluntary inspection and
certification of edible meat and other products.
(ii) Exercise the functions of the Secretary of Agriculture
contained in the following legislation:
(A) Poultry Products Inspection Act, as amended (21 U.S.C. 451-
470);
(B) Federal Meat Inspection Act, as amended, and related
legislation, excluding sections 12-14, and also excluding so much of
section 18 as pertains to issuance of certificates of condition of live
animals intended and offered for export (21 U.S.C. 601-611, 615-624,
641-645, 661, 671-680, 691-692, 694-695);
(C) Egg Products Inspection Act, except for the Shell Egg
Surveillance Program, voluntary laboratory analyses of egg products,
and the Voluntary Egg Grading Program (21 U.S.C. 1031-1056);
(D) Talmadge-Aiken Act (7 U.S.C. 450) with respect to cooperation
with States in administration of the Federal Meat Inspection Act and
the Poultry Products Inspection Act;
(E) Humane Slaughter Act (7 U.S.C. 1901-1906);
(F) National Laboratory Accreditation Program (7 U.S.C. 138-138i)
with respect to laboratories accredited only for pesticide residue
analysis in meat and poultry products; and
(G) Administer and conduct a Food Safety Research Program (7 U.S.C.
427).
(iii) Coordinate with the Assistant Secretary for Marketing and
Regulatory Programs the administration of programs relating to human
pathogen reduction (such as salmonella enteritidis) pursuant to section
2 of the Act of February 2, 1903, as amended (21 U.S.C. 111), and
sections 4 and 5 of the Act of May 29, 1884, as amended (21 U.S.C.
120).
(iv) Enter into contracts, grants, or cooperative agreements to
further research programs in the agricultural sciences (7 U.S.C. 3318).
(2) Related to committee management. Establish and reestablish
regional, State, and local advisory committees for activities under his
or her authority. This authority may not be redelegated.
(3) Related to defense and emergency preparedness. Administer
responsibilities and functions assigned under the Defense Production
Act of 1950, as amended (50 U.S.C. App. 2061, et seq.), and title VI of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5195, et seq.), concerning the wholesomeness of meat and poultry
and products thereof and inspection of eggs and egg products.
(4) Related to biotechnology. Coordinate the development and
carrying out by Department agencies of all matters and functions
pertaining to the Department's regulation of biotechnology as they may
affect the safety of meat, poultry or egg products.
(5) Related to environmental response. With respect to land and
facilities under his or her authority, exercise the functions delegated
to the Secretary by Executive Order 12580, 3 CFR, 1987 Comp., p. 193,
under the following provisions of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (``the Act''), as
amended:
(i) Sections 104 (a), (b), and (c)(4) of the Act (42 U.S.C. 9604
(a), (b), and (c)(4)), with respect to removal and remedial actions in
the event of release or threatened release of a hazardous substance,
pollutant, or contaminant into the environment;
(ii) Sections 104 (e)-(h) of the Act (42 U.S.C. 9604 (e)-(h)), with
respect to information gathering and access requests and orders;
compliance with Federal health and safety standards and wage and labor
standards applicable to covered work; and emergency procurement powers;
(iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with
respect to the reduction of exposure to significant risk to human
health;
(iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to
the
[[Page 31778]]
acquisition of real property and interests in real property required to
conduct a remedial action;
(v) The first two sentences of section 105(d) of the Act (42 U.S.C.
9605(d)), with respect to petitions for preliminary assessment of a
release or threatened release;
(vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to
consideration of the availability of qualified minority firms in
awarding contracts, but excluding that portion of section 105(f)
pertaining to the annual report to Congress;
(vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the
assessment of civil penalties for violations of section 122 of the Act
(42 U.S.C. 9622), and the granting of awards to individuals providing
information;
(viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect
to the designation of officials who may obligate money in the Hazardous
Substances Superfund;
(ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to
establishing an administrative record upon which to base the selection
of a response action and identifying and notifying potentially
responsible parties;
(x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to
preliminary assessment and site inspection of facilities;
(xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and
(c)), with respect to public participation in the preparation of any
plan for remedial action and explanation of variances from the final
remedial action plan for any remedial action or enforcement action,
including any settlement or consent decree entered into;
(xii) Section 119 of the Act (42 U.S.C. 9119), with respect to
indemnifying response action contractors;
(xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to
cleanup standards; and
(xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C.
9622(b)(1)), related to mixed funding agreements.
(6) Related to compliance with environmental laws. With respect to
facilities and activities under his or her authority, to exercise the
authority of the Secretary of Agriculture pursuant to section 1-102
related to compliance with applicable pollution control standards and
section 1-601 of Executive Order 12088, 3 CFR, 1978 Comp., p. 243, to
enter into an inter-agency agreement with the United States
Environmental Protection Agency, or an administrative consent order or
a consent judgment in an appropriate State, interstate, or local
agency, containing a plan and schedule to achieve and maintain
compliance with applicable pollution control standards established
pursuant to the following:
(i) Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act, as further amended by the Hazardous and
Solid Waste Amendments, and the Federal Facility Compliance Act (42
U.S.C. 6901, et seq.);
(ii) Federal Water Pollution Prevention and Control Act, as amended
(33 U.S.C. 1251, et seq.);
(iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f, et
seq.);
(iv) Clean Air Act, as amended (42 U.S.C. 7401, et seq.);
(v) Noise Control Act of 1972, as amended (42 U.S.C. 4901, et
seq.);
(vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601, et
seq.);
(vii) Federal Insecticide, Fungicide, and Rodenticide Act, as
amended (7 U.S.C. 136, et seq.); and
(viii) Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended by the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. 9601, et seq.).
Sec. 2.19 Under Secretary for Food, Nutrition, and Consumer Services.
(a) The following delegations of authority are made by the
Secretary of Agriculture to the Under Secretary for Food, Nutrition,
and Consumer Services:
(1) Related to food and nutrition. (i) Administer the following
legislation:
(A) The Food Stamp Act of 1977, as amended (7 U.S.C. 2011-2032);
(B) National School Lunch Act of 1946, as amended (42 U.S.C. 1751-
1769h), except procurement of agricultural commodities and other foods
under section 6 thereof;
(C) Child Nutrition Act of 1966, as amended (42 U.S.C. 1771-1790);
(D) Sections 933-939 of the Food, Agriculture, Conservation, and
Trade Act Amendments of 1991 (7 U.S.C. 5930 note); and
(E) Section 301 of the Healthy Meals for Healthy Americans Act of
1994 (Pub. L. 103-448).
(ii) Administer those functions relating to the distribution and
donation of agricultural commodities and products thereof under the
following legislation:
(A) Clause (3) of section 416(a) of the Agricultural Act of 1949,
as amended (7 U.S.C. 1431(a)), except the estimate and announcement of
the types and varieties of food commodities, and the quantities
thereof, to become available for distribution thereunder;
(B) Section 709 of the Food and Agriculture Act of 1965, as amended
(7 U.S.C. 1446a-1);
(C) Section 32 of the Act of August 24, 1935, as amended (7 U.S.C.
612c), as supplemented by the Act of June 28, 1937, as amended (15
U.S.C. 713c), and related legislation;
(D) Section 9 of the Act of September 6, 1958, as amended (7 U.S.C.
1431b);
(E) Section 210 of the Agricultural Act of 1956 (7 U.S.C. 1859),
except with respect to donations to Federal penal and correctional
institutions;
(F) Section 402 of the Mutual Security Act of 1954, as amended (22
U.S.C. 1922);
(G) Section 311 of the Older Americans Act of 1965, as amended (42
U.S.C. 3030a);
(H) Sections 412 and 413(b) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5179, 5180(b));
(I) Sections 4 and 5 of the Agriculture and Consumer Protection Act
of 1973, as amended (7 U.S.C. 612c note);
(J) Section 1114 of the Agriculture and Food Act of 1981, as
amended (7 U.S.C. 1431e);
(K) Section 1336 of the Agriculture and Food Act of 1981 (Pub. L.
97-98);
(L) Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note);
(M) Sections 3 (b)-(i), 3A and 4 of the Commodity Distribution
Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c note); and
(N) Section 110 of the Hunger Prevention Act of 1988 (7 U.S.C. 612c
note).
(iii) Administer those functions relating to the distribution of
food coupons under section 412 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5179).
(iv) In connection with the functions assigned in paragraphs (a)(1)
(i), (ii) and (iii) of this section, relating to the distribution and
donation of agricultural commodities and products thereof and food
coupons to eligible recipients, authority to determine the requirements
for such agricultural commodities and products thereof and food coupons
to be so distributed.
(v) Receive donation of food commodities under clause (3) of
section 416(a) of the Agricultural Act of 1949, as amended, section 709
of the Food and Agriculture Act of 1965, as amended, section 5 of the
Agriculture and Consumer Protection Act of 1973, section 1114(a) of the
Agriculture and Food Act of 1981, and section 202(a)
[[Page 31779]]
and 202A of the Emergency Food Assistance Act of 1983.
(2) Related to consumer advice. (i) Develop and implement USDA
policy and procedural guidelines for carrying out the Department's
Consumer Affairs Plan.
(ii) Advise the Secretary and other policy level officials of the
Department on consumer affairs policies and programs.
(iii) Coordinate USDA consumer affairs activities and monitor and
analyze agency procedures and performance.
(iv) Represent the Department at conferences, meetings and other
contacts where consumer affairs issues are discussed, including liaison
with the White House and other governmental agencies and departments.
(v) Work with the Office of Budget and Program Analysis and the
Office of Communications to ensure coordination of USDA consumer
affairs and public participation programs, policies and information,
and to prevent duplication of responsibilities.
(vi) Serve as a consumer ombudsman and communication link between
consumers and the Department.
(vii) Approve the designation of agency Consumer Affairs Contacts.
(3) Related to human nutrition information. (i) Develop techniques
and equipment to assist consumers in the home and in institutions in
selecting food that supplies a nutritionally adequate diet.
(ii) Develop family food plans at different costs for use as
standards by families of different sizes, sex-age composition, and
economic levels.
(iii) Develop suitable and safe preparation and management
procedures to retain nutritional and eating qualities of food served in
homes and institutions.
(iv) Develop materials to aid the public in meeting dietary needs,
with emphasis on food selection for good nutrition and appropriate
cost, and food preparation to avoid waste, maximize nutrient retention,
minimize food safety hazards, and conserve energy.
(v) Develop food plans for use in establishing food stamp benefit
levels, and assess the nutritional impact of Federal food programs.
(vi) Coordinate nutrition education promotion and professional
education projects within the Department.
(vii) Analyze data from food consumption surveys in coordination
with the Under Secretary for Research, Education, and Economics to
provide a basis for evaluating dietary adequacy.
(viii) Consult with the Federal and State agencies, the Congress,
universities, and other public and private organizations and the
general public regarding household food consumption, individual intake,
and dietary adequacy, and implications of the survey on public policy
regarding food and nutrition policies (7 U.S.C. 3171-3175).
(4) Related to committee management. Establish and reestablish
regional, State, and local advisory committees for activities under his
or her authority. This authority may not be redelegated.
(5) Related to defense and emergency preparedness. Administer
responsibilities and functions assigned under the Defense Production
Act of 1950, as amended (50 U.S.C. App. 2061, et seq.), and title VI of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5195, et seq.), concerning food stamp assistance.
(b) The following authority is reserved to the Secretary of
Agriculture:
(1) Related to food and nutrition. Authority to appoint the members
of the National Advisory Council on Maternal, Infant, and Fetal
Nutrition as directed in section 17(k) of the Child Nutrition Act of
1966, as amended (42 U.S.C. 1786(k)).
(2) [Reserved]
Sec. 2.20 Under Secretary for Natural Resources and Environment.
(a) The following delegations of authority are made by the
Secretary of Agriculture to the Under Secretary for Natural Resources
and Environment:
(1) Related to environmental quality. (i) Administer the
implementation of the National Environmental Policy Act for the United
States Department of Agriculture (USDA).
(ii) Provide representation for USDA on the National Response Team
on hazardous spills pursuant to Pub. L. 92-500 (33 U.S.C. 1151 note),
and section 4 of Executive Order 11735, 3 CFR, 1971-1975 Comp., p. 793.
(iii) Represent USDA in contacts with the United States
Environmental Protection Agency, the Council on Environmental Quality,
and other organizations or agencies on matters related to assigned
responsibilities.
(iv) Formulate and promulgate USDA policy relating to environmental
activity and natural resources.
(v) Provide staff support for the Secretary in the review of
environmental impact statements.
(vi) Provide leadership in USDA for general land use activities
including implementation of Executive Order 11988, Flood Plain
Management, 3 CFR, 1977 Comp., p. 117, and Executive Order 11990,
Protection of Wetlands, 3 CFR, 1977 Comp., p. 121.
(2) Related to forestry. (i) Provide national leadership in
forestry. (As used here and elsewhere in this section, the term
``forestry'' encompasses renewable and nonrenewable resources of
forests, including lands governed by the Alaska National Interest Lands
Conservation Act, forest-related rangeland, grassland, brushland,
woodland, and alpine areas including but not limited to recreation,
range, timber, minerals, watershed, wildlife and fish; natural scenic,
scientific, cultural, and historic values of forests and related lands;
and derivative values such as economic strength and social well-being).
(ii) Protect, manage, and administer the national forests, national
forest purchase units, national grasslands, and other lands and
interests in lands administered by the Forest Service, which
collectively are designated as the National Forest System. This
delegation covers the acquisition and disposition of lands and
interests in lands as may be authorized for the protection, management,
and administration of the National Forest System, including the
authority to approve acquisition of land under the Weeks Act of March
1, 1911, as amended (16 U.S.C. 521), and special forest receipts acts,
as follows: (Pub. L. 337, 74th Cong., 49 Stat. 866, as amended by Pub.
L. 310, 78th Cong., 58 Stat. 227; Pub. L. 505, 75th Cong., 52 Stat.
347, as amended by Pub. L. 310, 78th Cong., 58 Stat. 227; Pub. L. 634,
75th Cong., 52 Stat. 699, as amended by Pub. L. 310, 78th Cong., 58
Stat. 227; Pub. L. 748, 75th Cong., 52 Stat. 1205, as amended by Pub.
L. 310, 78th Cong., 58 Stat. 227; Pub. L. 427, 76th Cong., 54 Stat. 46;
Pub. L. 589, 76th Cong., 54 Stat. 297; Pub. L. 591, 76th Cong., 54
Stat. 299; Pub. L. 637, 76th Cong., 54 Stat. 402; Pub. L. 781, 84th
Cong., 70 Stat. 632).
(iii) As necessary for administrative purposes, divide into and
designate as national forests any lands of 3,000 acres or more which
are acquired under or subject to the Weeks Act of March 1, 1911, as
amended, and which are contiguous to existing national forest
boundaries established under the authority of the Weeks Act.
(iv) Plan and administer wildlife and fish conservation
rehabilitation and habitat management programs on National Forest
System lands, pursuant to 16 U.S.C. 670g, 670h, and 670o.
(v) For the purposes of the National Forest System Drug Control Act
of 1986 (16 U.S.C. 559b-f), specifically designate certain specially
trained officers and employees of the Forest Service, not exceeding
500, to have authority in the performance of their
[[Page 31780]]
duties within the boundaries of the National Forest System:
(A) To carry firearms;
(B) To enforce and conduct investigations of violations of section
401 of the Controlled Substance Act (21 U.S.C. 841) and other criminal
violations relating to marijuana and other controlled substances that
are manufactured, distributed, or dispensed on National Forest System
lands;
(C) To make arrests with a warrant or process for misdemeanor
violations, or without a warrant for violations of such misdemeanors
that any such officer or employee has probable cause to believe are
being committed in that employee's presence or view, or for a felony
with a warrant or without a warrant if that employee has probable cause
to believe that the person being arrested has committed or is
committing such a felony;
(D) To serve warrants and other process issued by a court or
officer of competent jurisdiction;
(E) To search, with or without a warrant or process, any person,
place, or conveyance according to Federal law or rule of law; and
(F) To seize, with or without warrant or process, any evidentiary
item according to Federal law or rule of law.
(vi) Authorize the Forest Service to cooperate with the law
enforcement officials of any Federal agency, State, or political
subdivision, in the investigation of violations of, and enforcement of,
section 401 of the Controlled Substances Act (21 U.S.C. 841), other
laws and regulations relating to marijuana and other controlled
substances, and State drug control laws or ordinances, within the
boundaries of the National Forest System.
(vii) Administer programs under section 23 of the Federal Highway
Act (23 U.S.C. 101(a), 120(f), 125 (a)-(c), 138, 202 (a)-(b), 203, 204
(a)-(h), 205 (a)-(d), 211, 317, 402(a)).
(viii) Exercise the administrative appeal functions of the
Secretary of Agriculture in review of decisions of the Chief of the
Forest Service pursuant to 36 CFR parts 215 and 217 and 36 CFR part
251, subpart C.
(ix) Conduct, support, and cooperate in investigations,
experiments, tests, and other activities deemed necessary to obtain,
analyze, develop, demonstrate, and disseminate scientific information
about protecting, managing, and utilizing forest and rangeland
renewable resources in rural, suburban, and urban areas in the United
States and foreign countries. The activities conducted, supported, or
cooperated in shall include, but not be limited to: renewable resource
management research, renewable resource environmental research;
renewable resource protection research; renewable resource utilization
research, and renewable resource assessment research (16 U.S.C. 1641-
1647).
(x) Use authorities and means available to disseminate the
knowledge and technology developed from forestry research (16 U.S.C.
1645).
(xi) Coordinate activities with other agencies in USDA, other
Federal and State agencies, forestry schools, and private entities and
individuals (16 U.S.C. 1643).
(xii) Enter into contracts, grants, and cooperative agreements for
the support of scientific research in forestry activities (7 U.S.C.
427i(a), 1624; 16 U.S.C. 582a-8, 1643-1645, 1649).
(xiii) Enter into cooperative research and development agreements
with industry, universities, and others; institute a cash award program
to reward scientific, engineering, and technical personnel; award
royalties to inventors; and retain and use royalty income (15 U.S.C.
3710a-3710c).
(xiv) Enter into contracts, grants, or cooperative agreements to
further research, extension, or teaching programs in the food and
agricultural sciences (7 U.S.C. 3152, 3318).
(xv) Enter into cost-reimbursable agreements relating to
agricultural research, extension, or teaching activities (7 U.S.C.
3319a).
(xvi) Administer programs of cooperative forestry assistance in the
protection, conservation, and multiple resource management of forests
and related resources in both rural and urban areas and forest lands in
foreign countries (16 U.S.C. 2101-2114).
(xvii) Provide assistance to States and other units of government
in forest resources planning and forestry rural revitalization (7
U.S.C. 6601, 6611-6617; 16 U.S.C. 2107).
(xviii) Conduct a program of technology implementation for State
forestry personnel, private forest landowners and managers, vendors,
forest operators, public agencies, and individuals (16 U.S.C. 2107).
(xix) Administer Rural Fire Protection and Control Programs (16
U.S.C. 2106).
(xx) Provide technical assistance on forestry technology or the
implementation of the Conservation Reserve and Softwood Timber Programs
authorized in sections 1231-1244 and 1254 of the Food Security Act of
1985 (16 U.S.C. 3831-3844; 7 U.S.C. 1981 note).
(xxi) Administer forest insect, disease, and other pest management
programs (16 U.S.C. 2104).
(xxii) Exercise the custodial functions of the Secretary for lands
and interests in lands under lease or contract of sale to States and
local agencies pursuant to title III of the Bankhead-Jones Farm Tenant
Act and administer reserved and reversionary interests in lands
conveyed under that Act (7 U.S.C. 1010-1012).
(xxiii) Under such general program criteria and procedures as may
be established by the Natural Resources Conservation Service:
(A) Administer the forestry aspects of the programs listed in
paragraphs (a)(2)(xxiii)(A) (1), (2) and (3) of this section on the
National Forest System, rangelands with national forest boundaries,
adjacent rangelands which are administered under formal agreement, and
other forest lands;
(1) The cooperative river basin surveys and investigations program
(16 U.S.C. 1006);
(2) The Eleven Authorized Watershed Improvement Programs and
Emergency Flood Prevention Measures Program under the Flood Control Act
(33 U.S.C. 701b-1); and
(3) The Small Watershed Protection Program under the Pilot
Watershed Protection and Watershed Protection and Flood Prevention Acts
(7 U.S.C. 701a-h; 16 U.S.C. 1001-1009); and
(B) Exercise responsibility in connection with the forestry aspects
of the Resource Conservation and Development Program authorized by
title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(e)).
(xxiv) Provide assistance to the Farm Service Agency in connection
with the Agricultural Conservation Program, the Naval Stores
Conservation Program, and the Cropland Conversion Program (16 U.S.C.
590g-q).
(xxv) Provide assistance to the Rural Housing and Community
Development Service in connection with grants and loans under authority
of section 303 of the Consolidated Farm and Rural Development Act, 7
U.S.C. 1923; and consultation with the Department of Housing and Urban
Development under the authority of 40 U.S.C. 461(e).
(xxvi) Coordinate mapping work of USDA including:
(A) Clearing mapping projects to prevent duplication;
(B) Keeping a record of mapping done by USDA agencies;
(C) Preparing and submitting required USDA reports;
(D) Serving as liaison on mapping with the Office of Management and
Budget, Department of Interior, and other departments and
establishments;
(E) Promoting interchange of technical mapping information,
including
[[Page 31781]]
techniques which may reduce costs or improve quality; and
(F) Maintaining the mapping records formerly maintained by the
Office of Operations.
(xxvii) Administer the radio frequency licensing work of USDA,
including:
(A) Representing USDA on the Interdepartmental Radio Advisory
Committee and its Frequency Assignment Subcommittee of the National
Telecommunications and Information Administration, Department of
Commerce;
(B) Establishing policies, standards, and procedures for allotting
and assigning frequencies within USDA and for obtaining effective
utilization of them;
(C) Providing licensing action necessary to assign radio
frequencies for use by the agencies of USDA and maintenance of the
records necessary in connection therewith;
(D) Providing inspection of USDA's radio operations to ensure
compliance with national and international regulations and policies for
radio frequency use; and
(E) Representing USDA in all matters relating to responsibilities
and authorities under the Federal Water Power Act, as amended (16
U.S.C. 791-823).
(xxviii) [Reserved]
(xxix) Administer the Youth Conservation Corps Act (42 U.S.C.
precede 2711 note) for USDA.
(xxx) Establish and operate the Job Corps Civilian Conservation
Centers on National Forest System lands as authorized by title I,
sections 106 and 107 of the Economic Opportunity Act of 1964 (42 U.S.C.
2716-2717), in accordance with the terms of an agreement dated May 11,
1967, between the Secretary of Agriculture and the Secretary of Labor;
and administration of other cooperative manpower training and work
experience programs where the Forest Service serves as host or prime
sponsor with other Departments of Federal, State, or local governments.
(xxxi) Administer the Volunteers in the National Forests Act of
1972 (16 U.S.C. 558a-558d, 558a note).
(xxxii) Exercise the functions of the Secretary of Agriculture
authorized in the Alaska National Interest Lands Conservation Act (16
U.S.C. 3101-3215).
(xxxiii) Exercise the functions of the Secretary as authorized in
the Wild and Scenic Rivers Act (16 U.S.C. 1271-1278).
(xxxiv) Jointly administer gypsy moth eradication activities with
the Assistant Secretary for Marketing and Regulatory Programs, under
the authority of section 102 of the Organic Act of 1944, as amended;
and the Act of April 6, 1937, as amended (7 U.S.C. 147a, 148, 148a-
148e); and the Talmadge Aiken Act (7 U.S.C. 450), by assuming primary
responsibility for treating isolated gypsy moth infestations on Federal
lands, and on State and private lands contiguous to infested Federal
lands, and any other infestations over 640 acres on State and private
lands.
(xxxv) Exercise the functions of the Secretary authorized in the
Federal Onshore Oil and Gas Leasing Reform Act of 1987 (30 U.S.C. 226,
et seq.).
(xxxvi) Administer the Public Lands Corps program (16 U.S.C. 1721,
et seq.) for USDA consistent with the Department's overall national
service program.
(xxxvii) Jointly administer the Forestry Incentives Program with
the Natural Resources Conservation Service, in consultation with State
Foresters, under section 4 of the Cooperative Forestry Assistance Act
of 1978 (16 U.S.C. 2103).
(xxxviii) Focusing on countries that could have a substantial
impact on global warming, provide assistance that promotes sustainable
development and global environmental stability; share technical,
managerial, extension, and administrative skills; provide education and
training opportunities; engage in scientific exchange; and cooperate
with domestic and international organizations that further
international programs for the management and protection of forests,
rangelands, wildlife, fisheries and related natural resources (16
U.S.C. 4501-4505).
(3) Related to natural resources conservation. (i) Provide national
leadership in the conservation, development and productive use of the
Nation's soil, water, and related resources. Such leadership
encompasses soil, water, plant, and wildlife conservation; small
watershed protection and flood prevention; and resource conservation
and development. Integrated in these programs are erosion control,
sediment reduction, pollution abatement, land use planning, multiple
use, improvement of water quality, and several surveying and monitoring
activities related to environmental improvement. All are designed to
assure:
(A) Quality in the natural resource base for sustained use;
(B) Quality in the environment to provide attractive, convenient,
and satisfying places to live, work, and play; and
(C) Quality in the standard of living based on community
improvement and adequate income.
(ii) Provide national leadership in and evaluate and coordinate
land use policy, and administer the Farmland Protection Policy Act (7
U.S.C. 4201, et seq.), including the Farms for the Future Program
authorized by sections 1465-1470 of the Food, Agriculture,
Conservation, and Trade Act of 1990, as amended (7 U.S.C. 4201 note),
except as otherwise delegated to the Under Secretary for Research,
Education, and Economics in Sec. 2.21(a)(1)(lxii).
(iii) Administer the basic program of soil and water conservation
under Pub. L. No. 46, 74th Congress, as amended, and related laws (16
U.S.C. 590a-f, i-1, q, q-1; 42 U.S.C. 3271-3274; 7 U.S.C. 2201),
including:
(A) Technical and financial assistance to land users in carrying
out locally adapted soil and water conservation programs primarily
through soil and water conservation districts in the several States,
the District of Columbia, the Commonwealth of Puerto Rico, and the
Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the
Virgin Islands, and federally recognized Native American tribes, but
also to communities, watershed groups, Federal and State agencies, and
other cooperators. This authority includes such assistance as:
(1) Comprehensive planning assistance in nonmetropolitan districts;
(2) Assistance in the field of income-producing recreation on rural
non-Federal lands;
(3) Forestry assistance, as part of total technical assistance to
private land owners and land users when such services are an integral
part of land management and such services are not available from a
State agency; and forestry services in connection with windbreaks and
shelter belts to prevent wind and water erosion of lands;
(4) Assistance in developing programs relating to natural beauty;
and
(5) Assistance to other USDA agencies in connection with the
administration of their programs, as follows:
(i) To the Farm Service Agency in the development and technical
servicing of certain programs, such as the Agricultural Conservation
Program and other such similar conservation programs;
(ii) To the Rural Housing and Community Development Service in
connection with their loan and land disposition programs;
(B) Soil surveys, including:
(1) Providing leadership for the Federal part of the National
Cooperative
[[Page 31782]]
Soil Survey which includes conducting and publishing soil surveys;
(2) Conducting soil surveys for resource planning and development;
and
(3) Performing the cartographic services essential to carrying out
the functions of the Natural Resources Conservation Service, including
furnishing photographs, mosaics, and maps;
(C) Conducting and coordinating snow surveys and making water
supply forecasts pursuant to Reorganization Plan No. IV of 1940 (5
U.S.C. App.);
(D) Operating plant materials centers for the assembly and testing
of plant species in conservation programs, including the use,
administration, and disposition of lands under the administration of
the Natural Resources Conservation Service for such purposes under
title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1011);
and
(E) Providing leadership in the inventorying and monitoring of
soil, water, land, and related resources of the Nation.
(iv) Administer the Watershed Protection and Flood Prevention
Programs, including:
(A) The eleven authorized watershed projects authorized under 33
U.S.C. 702b-1;
(B) The emergency flood control work under 33 U.S.C. 701b-1;
(C) The Cooperative River Basin Surveys and Investigations Programs
under 16 U.S.C. 1006;
(D) The pilot watershed projects under 16 U.S.C. 590a-f and 16
U.S.C. 1001-1009;
(E) The Watershed Protection and Flood Prevention Program under 16
U.S.C. 1001-1009, except for responsibilities assigned to the Under
Secretary for Rural Economic and Community Development;
(F) The joint investigations and surveys with the Department of the
Army under 16 U.S.C. 1009; and
(G) The Emergency Conservation Program under sections 401-405 of
the Agricultural Credit Act of 1978 (the Act), 16 U.S.C. 2201, et seq.,
except for the provisions of sections 401 and 402 of the Act, 16 U.S.C.
2201-2202, as administered by the Under Secretary for Farm and Foreign
Agricultural Services.
(v) Administer the Great Plains Conservation Program and the
Critical Lands Resources Conservation Program under 16 U.S.C. 590p(b),
590q and
590q-3.
(vi) Administer the Resource Conservation and Development Program
under 16 U.S.C. 590a-f; 7 U.S.C. 1010-1011; and 16 U.S.C. 3451-3461,
except for responsibilities assigned to the Under Secretary for Rural
Economic and Community Development.
(vii) Responsibility for entering into long-term contracts for
carrying out conservation and environmental measures in watershed
areas.
(viii) Provide national leadership for and administer the Soil and
Water Resources Conservation Act of 1977 (16 U.S.C. 2001, et seq.).
(ix) Administer the Rural Clean Water Program and other
responsibilities assigned under section 35 of the Clean Water Act of
1977 (33 U.S.C. 1251, et seq.).
(x) Monitor actions and progress of USDA in complying with
Executive Order 11988, Flood Plain Management, 3 CFR, 1977 Comp., p.
117, and Executive Order 11990, Protection of Wetlands, 3 CFR, 1977
Comp., p. 121, regarding management of floodplains and protection of
wetlands; monitor USDA efforts on protection of important agricultural,
forest and rangelands; and provide staff assistance to the USDA Natural
Resources and Environment Committee.
(xi) Administer the search and rescue operations authorized under 7
U.S.C. 2273.
(xii) Administer section 202(c) of the Colorado River Basin
Salinity Control Act, 43 U.S.C. 1592(c), including:
(A) Identify salt source areas and determine the salt load
resulting from irrigation and watershed management practices;
(B) Conduct salinity control studies of irrigated salt source
areas;
(C) Provide technical and financial assistance in the
implementation of salinity control projects including the development
of salinity control plans, technical services for application, and
certification of practice applications;
(D) Develop plans for implementing measures that will reduce the
salt load of the Colorado River;
(E) Develop and implement long-term monitoring and evaluation plans
to measure and report progress and accomplishments in achieving program
objectives; and
(F) Enter into and administer contracts with program participants
and waive cost-sharing requirements when such cost-sharing requirements
would result in a failure to proceed with needed on-farm measures.
(xiii) Administer natural resources conservation authorities under
title XII of the Food Security Act of 1985 (Act), as amended (16 U.S.C.
3801, et seq.), including responsibilities for:
(A) the conservation of highly erodible lands and wetlands pursuant
to sections 1211-1223 of the Act (16 U.S.C. 3811-3823);
(B) technical assistance related to soil and water conservation
technology for the implementation and administration of the
Conservation Reserve Program authorized by sections 1231-1244 of the
Act, as amended (16 U.S.C. 3831-3844);
(C) the Environmental Easement Program authorized by sections 1239-
1239d of the Act (16 U.S.C. 3839-3839d);
(D) the Agricultural Water Quality Improvement Program authorized
by sections 1238-1238f of the Act, as amended (16 U.S.C. 3838-3838f);
and
(E) the Wetland Reserve Program and the Emergency Wetlands Reserve
Program authorized by sections 1237-1237f of the Act, as amended (16
U.S.C. 3837-3837f), and the Emergency Supplemental Appropriations for
Relief From the Major, Widespread Flooding in the Midwest Act of 1993,
Pub. L. No. 103-75.
(xiv) Approve and transmit to the Congress comprehensive river
basin reports.
(xv) Provide representation on the Water Resources Council and
river basin commissions created by 42 U.S.C. 1962, and on river basin
interagency committees.
(xvi) Jointly administer the Forestry Incentives Program with the
Forest Service, in consultation with State Foresters, under section 4
of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103).
(xvii) Administer the Water Bank Program under the Water Bank Act
(16 U.S.C. 1301, et seq.).
(xviii) Administer water quality activities under the Agriculture
and Water Policy Coordination Act, subtitle G, title XIV of the Food,
Agriculture, Conservation, and Trade Act of 1990, as amended (7 U.S.C.
5501-5505).
(xix) Administer the Rural Environmental Conservation Program
authorized by sections 1001-1010 of the Agriculture Act of 1970, as
amended (16 U.S.C. 1501-1510).
(xx) Coordinate USDA input and assistance to the Department of
Commerce and other Federal agencies consistent with section 307 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1456), and coordinate
USDA review of qualifying state and local government coastal management
plans or programs prepared under such Act and submitted to the
Secretary of Commerce, consistent with section 306(a) and (c) of such
Act (16 U.S.C. 1455 (a) and (c)).
(4) Related to committee management. Establish and reestablish
regional, state, and local advisory
[[Page 31783]]
committees for activities under his or her authority. This authority
may not be redelegated.
(5) Related to defense and emergency preparedness. Administer
responsibilities and functions assigned under the Defense Production
Act of 1950, as amended (50 U.S.C. App. 2061, et seq.) and title VI of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5195, et seq.), relating to agricultural land and water, forests
and forest products, rural fire defense, and forestry research.
(6) Related to surface mining control and reclamation. Administer
responsibilities and functions assigned to the Secretary of Agriculture
under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1201, et seq.).
(7) Related to environmental response. (i) With respect to land and
facilities under his or her authority, to exercise the functions
delegated to the Secretary by Executive Order 12580, 3 CFR, 1987 Comp.,
p. 193, and Executive Order No. 12777, 3 CFR, 1991 Comp., p. 351, to
act as Federal trustee for natural resources in accordance with section
107(f) of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9607(f)), section 311(f)(5) of the
Federal Water Pollution Control Act (33 U.S.C. 1321(f)(5)), and section
1006(b)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 2706(b)(2)).
(ii) With respect to land and facilities under his or her
authority, to exercise the functions delegated to the Secretary by
Executive Order 12580, 3 CFR, 1987 Comp., p. 193, under the following
provisions of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (``the Act''), as amended:
(A) Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a),
(b), and (c)(4)), with respect to removal and remedial actions in the
event of release or threatened release of a hazardous substance,
pollutant, or contaminant into the environment;
(B) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with
respect to information gathering and access requests and orders;
compliance orders; compliance with Federal health and safety standards
and wage and labor standards applicable to covered work; and emergency
procurement powers;
(C) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with
respect to the reduction of exposure to significant risk to human
health;
(D) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to
the acquisition of real property and interests in real property
required to conduct a remedial action;
(E) The first two sentences of section 105(d) of the Act (42 U.S.C.
9605(d)), with respect to petitions for preliminary assessment of a
release or threatened release;
(F) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to
consideration of the availability of qualified minority firms in
awarding contracts, but excluding that portion of section 105(f) of the
Act pertaining to the annual report to Congress;
(G) Section 109 of the Act (42 U.S.C. 9609), with respect to the
assessment of civil penalties for violations of section 122 of the Act
(42 U.S.C. 9622), and the granting of awards to individuals providing
information;
(H) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect to
the designation of officials who may obligate money in the Hazardous
Substances Superfund;
(I) Section 113(g) of the Act (42 U.S.C. 9613(g)), with respect to
receiving notification of a natural resource trustee's intent to file
suit;
(J) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to
establishing an administrative record upon which to base the selection
of a response action and identifying and notifying potentially
responsible parties;
(K) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to
preliminary assessment and site inspection of facilities;
(L) Section 117(a) and (c) of the Act (42 U.S.C. 9617(a) and (c)),
with respect to public participation in the preparation of any plan for
remedial action and explanation of variances from the final remedial
action plan for any remedial action or enforcement action, including
any settlement or consent decree entered into;
(M) Section 119 of the Act (42 U.S.C. 9619), with respect to
indemnifying response action contractors;
(N) Section 121 of the Act (42 U.S.C. 9621), with respect to
cleanup standards; and
(O) Section 122 of the Act (42 U.S.C. 9622), with respect to
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C.
9622(b)(1)), relating to mixed funding agreements.
(iii) With respect to land and facilities under his or her
authority, to exercise the authority vested in the Secretary of
Agriculture to act as the ``Federal Land Manager'' pursuant to the
Clean Air Act, as amended (42 U.S.C. 7401, et seq.).
(8) Related to compliance with environmental laws. With respect to
facilities and activities under his or her authority, to exercise the
authority of the Secretary of Agriculture pursuant to section 1-102
related to compliance with applicable pollution control standards and
section 1-601 of Executive Order 12088, 3 CFR, 1978 Comp., p. 243, to
enter into an inter-agency agreement with the United States
Environmental Protection Agency, or an administrative consent order or
a consent judgment in an appropriate United States District Court with
an appropriate State, interstate, or local agency, containing a plan
and schedule to achieve and maintain compliance with applicable
pollution control standards established pursuant to the following:
(i) Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act, the Hazardous and Solid Waste
Amendments, and the Federal Facility Compliance Act (42 U.S.C. 6901, et
seq.);
(ii) Federal Water Pollution Prevention and Control Act, as amended
(33 U.S.C. 1251, et seq.);
(iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f, et
seq.);
(iv) Clean Air Act, as amended (42 U.S.C. 7401, et seq.);
(v) Noise Control Act of 1972, as amended (42 U.S.C. 4901, et
seq.);
(vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601, et
seq.);
(vii) Federal Insecticide, Fungicide, and Rodenticide Act, as
amended (7 U.S.C. 136, et seq.); and
(viii) Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended by the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. 9601, et seq.).
(b) The following authorities are reserved to the Secretary of
Agriculture:
(1) Related to natural resource conservation. Designation of new
project areas in which the resource conservation and development
program assistance will be provided.
(2) [Reserved]
Sec. 2.21 Under Secretary for Research, Education, and Economics.
(a) The following delegations of authority are made by the
Secretary of Agriculture to the Under Secretary for Research,
Education, and Economics.
(1) Related to science and education.
(i) Direct, coordinate and provide national leadership and support
for research, extension and teaching programs in the food and
agricultural sciences to meet major needs and challenges in development
of new food and fiber; food and agriculture viability and
competitiveness in the global economy; enhancing economic opportunities
and quality of life for
[[Page 31784]]
rural America; food and agricultural system productivity and
development of new crops and new uses; the environment and natural
resources; or the promotion of human health and welfare pursuant to the
National Agricultural Research, Extension, and Teaching Policy of 1977,
as amended (7 U.S.C. 3101, et seq.).
(ii) Provide national leadership and support for research,
extension, and teaching programs in the food and agricultural sciences
to carry out sustainable agriculture research and education; a National
Plant Genetic Resources Program; a national agricultural weather
information system; research regarding the production, preparation,
processing, handling, and storage of agricultural products; a Plant and
Animal Pest and Disease Control Program; and any other provisions
pursuant to title XVI of the Food, Agriculture, Conservation, and Trade
Act of 1990 (Pub. L. No. 101-624, 104 Stat. 3703), except the
provisions relating to the USDA Graduate School in section 1669 and the
provisions relating to alternative agricultural research and
commercialization under sections 1657-1664 (7 U.S.C. 5801, et seq.).
(iii) Coordinate USDA policy and conduct programs relative to the
Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7
U.S.C. 136, et seq.) and coordinate the Department's Integrated Pest
Management Programs and the Pesticide Assessment Program (7 U.S.C. 136-
136y).
(iv) Carry out research, technology development, technology
transfer, and demonstration projects related to the economic
feasibility of the manufacture and commercialization of natural rubber
from plants containing hydrocarbons (7 U.S.C. 178-178n).
(v) Conduct research on the control of undesirable species of honey
bees in cooperation with specific foreign governments (7 U.S.C. 284).
(vi) Administer the appropriation for the endowment and maintenance
of colleges for the benefit of agriculture and the mechanical arts (7
U.S.C. 321-326a).
(vii) Administer teaching funds authorized by section 22 of the
Bankhead Jones Act, as amended (7 U.S.C. 329).
(viii) Administer a Cooperative Agricultural Extension Program in
accordance with the Smith-Lever Act, as amended (7 U.S.C. 341-349).
(ix) Cooperate with the States for the purpose of encouraging and
assisting them in carrying out research related to the problems of
agriculture in its broadest aspects under the Hatch Act, as amended (7
U.S.C. 361a-361i).
(x) Support agricultural research at eligible institutions in the
States through the provision of Federal-grant funds to help finance
physical research facilities (7 U.S.C. 390-390k).
(xi) Conduct research concerning domestic animals and poultry,
their protection and use, the causes of contagious, infectious, and
communicable diseases, and the means for the prevention and cure of the
same (7 U.S.C. 391).
(xii) Conduct research related to the dairy industry and to the
dissemination of information for the promotion of the dairy industry (7
U.S.C. 402).
(xiii) Conduct research and demonstrations at Mandan, ND, related
to dairy livestock breeding, growing, and feeding, and other problems
pertaining to the establishment of the dairy and livestock industries
(7 U.S.C. 421-422).
(xiv) Conduct research on new uses for cotton and on cotton ginning
and processing (7 U.S.C. 423-424).
(xv) Administer and conduct research into the basic problems of
agriculture in its broadest aspects, including, but not limited to,
production, marketing (other than statistical and economic research but
including research related to family use of resources), distribution,
processing, and utilization of plant and animal commodities; problems
of human nutrition; development of markets for agricultural
commodities; discovery, introduction, and breeding of new crops,
plants, and animals, both foreign and native; conservation development;
and development of efficient use of farm buildings, homes, and farm
machinery except as otherwise delegated in Sec. 2.22(a)(1)(ii) and
Sec. 2.79(a)(2) (7 U.S.C. 427, 1621-1627, 1629, 2201, and 2204).
(xvi) Conduct research on varietal improvement of wheat and feed
grains to enhance their conservation and environmental qualities (7
U.S.C. 428b).
(xvii) Advance the livestock and agricultural interests of the
United States, including the breeding of horses suited to the needs of
the United States (7 U.S.C. 437).
(xviii) Enter into agreements with and receive funds from any
State, other political subdivision, organization, or individual for the
purpose of conducting cooperative research projects (7 U.S.C. 450a).
(xix) Carry out a program (IR-4 Program) for the collection of
residue and efficacy data in support of minor use pesticide
registration or reregistration and to determine tolerances for minor
use chemical residues in or on agricultural commodities (7 U.S.C.
450i).
(xx) Administer and direct a program of competitive and special
grants to State agricultural experiment stations, colleges and
universities, other research institutions and organizations, Federal
agencies, private organizations or corporations, and individuals and of
facilities grants to State agricultural experiment stations and
designated colleges and universities to promote research in food,
agriculture and related areas (7 U.S.C. 450i).
(xxi) Provide resource information concerning rural electric and
telephone use and rural development efforts (7 U.S.C. 917).
(xxii) Act as a catalyst to provide access to leadership training
and services programs encompassing private, public, business, and
government entities (7 U.S.C. 950aa-1).
(xxiii) Conduct research related to soil and water conservation,
engineering operations, and methods of cultivation to provide for the
control and prevention of soil erosion (7 U.S.C. 1010 and 16 U.S.C.
590a).
(xxiv) Maintain four regional research laboratories and conduct
research at such laboratories to develop new scientific, chemical, and
technical uses and new and extended markets and outlets for farm
commodities and products and the byproducts thereof (7 U.S.C. 1292).
(xxv) Conduct a Special Cotton Research Program designed to reduce
the cost of producing upland cotton in the United States (7 U.S.C. 1441
note).
(xxvi) Conduct a research and development program to formulate new
uses for farm and forest products (7 U.S.C. 1632(b)).
(xxvii) Conduct research to develop and determine methods for the
humane slaughter of livestock (7 U.S.C. 1904).
(xxviii) Administer a competitive grant program for non-profit
institutions to establish and operate centers for rural technology or
cooperative development (7 U.S.C. 1932(f)).
(xxix) Administer a Nutrition Education Program for Food Stamp
recipients and for the distribution of commodities on reservations (7
U.S.C. 2020(f)).
(xxx) Conduct education and extension programs and a pilot project
related to nutrition education (7 U.S.C. 2027(a) and 5932).
(xxxi) Provide for the dissemination of appropriate rural health
and safety information resources possessed by the Rural Information
Center, in cooperation with State educational program efforts (7 U.S.C.
2662).
(xxxii) Develop and maintain national and international library and
information systems and networks and
[[Page 31785]]
facilitate cooperation and coordination of the agricultural libraries
of colleges, universities, USDA, and their closely allied information
gathering and dissemination units in conjunction with private industry
and other research libraries (7 U.S.C. 2201, 2204, 3125a, and 3126).
(xxxiii) Accept gifts and order disbursements from the Treasury for
carrying out of National Agricultural Library (NAL) functions (7 U.S.C.
2264-2265).
(xxxiv) Propagate bee-breeding stock and release bee germplasm to
the public (7 U.S.C. 283).
(xxxv) Administer, in cooperation with the States, a Cooperative
Rural Development and Small Farm Research and Extension Program under
the Rural Development Act of 1972, as amended (7 U.S.C. 2661-2667).
(xxxvi) Administer a cooperative extension program under the
Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3004).
(xxxvii) Coordinate the development and carrying out by Department
agencies of all matters and functions pertaining to agricultural
research conducted or funded by the Department involving biotechnology,
including the development and implementation of guidelines for
oversight of research activities, acting as liaison on all matters and
functions pertaining to agricultural research in biotechnology between
agencies within the Department and between the Department and other
governmental, educational, or private organizations and carrying out
any other activities authorized by (7 U.S.C. 3121).
(xxxviii) Establish a Joint Council on Food and Agricultural
Sciences to bring about more effective research, extension, and
teaching in the food and agricultural sciences (7 U.S.C. 3122).
(xxxix) Establish and oversee the National Agricultural Research
and Extension Users Advisory Board and the Agricultural Science and
Technology Review Board (7 U.S.C. 3123 and 3123A).
(xl) Provide and distribute information and data about Federal,
State, local, and other Rural Development Assistance Programs and
services available to individuals and organizations. To the extent
possible, NAL shall use telecommunications technology to disseminate
such information to rural areas (7 U.S.C. 3125b).
(xli) Assemble and collect food and nutrition educational material,
including the results of nutrition research, training methods,
procedures, and other materials related to the purposes of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977, as
amended; maintain such information; and provide for the dissemination
of such information and materials on a regular basis to State
educational agencies and other interested parties (7 U.S.C. 3126).
(xlii) Conduct programs related to composting research and
extension (7 U.S.C. 3130).
(xliii) Conduct a program of grants to States to expand, renovate,
or improve schools of veterinary medicine (7 U.S.C. 3151).
(xliv) Formulate and administer higher education programs in the
food and agricultural sciences and administer grants to colleges and
universities (7 U.S.C. 3152).
(xlv) Administer the National Food and Agricultural Sciences
Teaching Awards Program for recognition of educators in the food and
agricultural sciences (7 U.S.C. 3152).
(xlvi) Administer the National Agricultural Science Award for
research or advanced studies in the food and agricultural sciences (7
U.S.C. 3153).
(xlvii) Administer grants to colleges, universities, and Federal
laboratories for research on the production and marketing of alcohols
and industrial hydrocarbons from agricultural commodities and forest
products (7 U.S.C. 3154).
(xlviii) Establish a national food science and research center for
the Southeast Region of the United States and administer a National
Food and Human Nutrition Research and Extension Program under the
National Agricultural Research, Extension, and Teaching Policy Act of
1977, as amended (7 U.S.C. 3171-3175).
(xlix) Administer and direct an Animal Health and Disease Research
Program under the National Agricultural Research, Extension, and
Teaching Policy Act of 1977, as amended (7 U.S.C. 3191-3201).
(l) Support continuing agricultural and forestry extension and
research, resident instruction, and facilities improvement at 1890
land-grant colleges, including Tuskegee University, and administer a
grant program for five National Research and Training Centennial
Centers (7 U.S.C. 3221, 3222, and 3222a-3222c).
(li) Support agricultural research at the 1890 land-grant colleges,
including Tuskegee University, through Federal-grant funds to help
finance physical facilities (7 U.S.C. 3223).
(lii) Make grants, under such terms and conditions as the Under
Secretary determines, to eligible institutions for the purpose of
assisting such institutions in the purchase of equipment and land, and
the planning, construction, alteration, or renovation of buildings, to
provide adequate facilities to conduct extension work, and issue rules
and regulations as necessary to carry out this authority (7 U.S.C.
3224).
(liii) Provide policy direction and coordinate the Department's
work with national and international institutions and other persons
throughout the world in the performance of agricultural science,
education and development activities (7 U.S.C. 3291).
(liv) Administer grants to States in support of the establishment
and operation of International Trade Development Centers (7 U.S.C.
3292).
(lv) Conduct program evaluations to improve the administration and
effectiveness of agricultural research, extension, and teaching
programs (7 U.S.C. 3317).
(lvi) Enter into contracts, grants, or cooperative agreements to
further research, extension, or teaching programs in the food and
agriculture sciences (7 U.S.C. 3318).
(lvii) Enter into cost-reimbursable agreements with State
cooperative institutions for the acquisition of goods or services in
support of research, extension, or teaching activities in the food and
agricultural sciences, including the furtherance of library and related
information programs (7 U.S.C. 3319a).
(lviii) Conduct research and develop and implement a pilot project
program for the development of supplemental and alternative crops (7
U.S.C. 3319d).
(lix) Administer an Aquaculture Assistance Program, involving
centers, by making grants to eligible institutions for research and
extension to facilitate or expand production and marketing of
aquacultural food species and products; making grants to States to
formulate aquaculture development plans for the production and
marketing of aquacultural species and products; conducting a program of
research, extension and demonstration at aquacultural demonstration
centers; and making grants to aquaculture research facilities to do
research on intensive water recirculating systems (7 U.S.C. 3321-3323).
(lx) Administer a Cooperative Rangeland Research Program (7 U.S.C.
3331-3336).
(lxi) Conduct a program of basic research on cancer in animals and
birds (7 U.S.C. 3902).
(lxii) Design and implement educational programs and distribute
materials in cooperation with the cooperative extension services of the
States emphasizing the importance of productive farmland, and designate
a
[[Page 31786]]
farmland information center, pursuant to section 1544 of the Farmland
Protection Policy Act (7 U.S.C. 4205).
(lxiii) Conduct programs of education, extension, and research
related to water quality, agrichemicals and nutrient management (7
U.S.C. 5503-5506).
(lxiv) Administer programs and conduct projects for research,
extension, and education on sustainable agriculture (7 U.S.C. 5811-
5813).
(lxv) Conduct research and cooperative extension programs to
optimize crop and livestock production potential, integrated resource
management, and integrated crop management (7 U.S.C. 5821).
(lxvi) Design, implement, and develop handbooks, technical guides,
and other educational materials emphasizing sustainable agriculture
production systems and practices (7 U.S.C. 5831).
(lxvii) Administer a competitive grant program to organizations to
carry out a training program on sustainable agriculture (7 U.S.C.
5832).
(lxviii) Administer a national research program on genetic
resources to provide for the collection, preservation, and
dissemination of genetic material important to American food and
agriculture production (7 U.S.C. 5841-5844).
(lxix) Conduct remote-sensing and other weather-related research (7
U.S.C. 5852).
(lxx) Establish an Agricultural Weather Office and administer a
national agricultural weather information system, including a
competitive grants program for research in atmospheric sciences and
climatology (7 U.S.C. 5852-5853).
(lxxi) Administer a research and extension grant program to States
to administer programs for State agricultural weather information
systems (7 U.S.C. 5854).
(lxxii) Administer grants and conduct research programs to measure
microbiological and chemical agents associated with the production,
preparation, processing, handling, and storage of agricultural products
(7 U.S.C. 5871-5874).
(lxxiii) Administer and conduct research and extension programs on
integrated pest management, including research to benefit floriculture
(7 U.S.C. 5881).
(lxxiv) Establish a National Pesticide Resistance Monitoring
Program and disseminate information on materials and methods of pest
and disease control available to agricultural producers through the
pest and disease control database (7 U.S.C. 5882).
(lxxv) Administer and conduct research and grant programs on the
control and eradication of exotic pests (7 U.S.C. 5883).
(lxxvi) Conduct research and educational programs to study the
biology and behavior of chinch bugs (7 U.S.C. 5884).
(lxxvii) Administer research programs and grants for risk
assessment research to address concerns about the environmental effects
of biotechnology (7 U.S.C. 5921).
(lxxviii) Administer a special grants program to assist efforts by
research institutions to improve the efficiency and efficacy of safety
and inspection systems for livestock products (7 U.S.C. 5923).
(lxxix) Establish and coordinate USDA grant programs and conduct
basic and applied research and technology development in the areas of
plant genome structure and function (7 U.S.C. 5924).
(lxxx) Administer research and extension grants for the development
of agricultural production and marketing systems to service niche
markets (7 U.S.C. 5925).
(lxxxi) Administer a grants program to States on immunoassay as it
is used to detect agricultural pesticide residues on agricultural
commodities and to diagnose plant and animal diseases (7 U.S.C. 5925).
(lxxxii) Conduct research programs for the development of
technology to determine animal lean content (7 U.S.C. 5925).
(lxxxiii) Conduct and support research programs to determine the
presence of aflatoxin in the food and feed chains (7 U.S.C. 5925).
(lxxxiv) Administer grants and conduct research programs to develop
production methods and commercial uses for mesquite (7 U.S.C. 5925).
(lxxxv) Administer grants and conduct research programs to
investigate enhanced genetic selection and processing techniques of
prickly pears (7 U.S.C. 5925).
(lxxxvi) Conduct a research program and administer grants and
contracts for research on the disease of scrapie in sheep and goats (7
U.S.C. 5925).
(lxxxvii) Support and conduct basic and applied research in the
development of new commercial products from natural plant materials for
industrial, medical, and agricultural applications (7 U.S.C. 5925).
(lxxxviii) Establish and administer a program for the development
and utilization of an agricultural communications network (7 U.S.C.
5926).
(lxxxix) Establish an Agricultural Research Facilities Planning and
Closure Study Commission to review currently operating and planned
facilities, and to develop recommendations (7 U.S.C. 5927).
(xc) Administer research programs to establish national centers for
agricultural product quality research (7 U.S.C. 5928).
(xci) Administer education programs on Indian reservations and
tribal jurisdictions (7 U.S.C. 5930).
(xcii) Administer a special grants program to study constraints on
agricultural trade (7 U.S.C. 5931).
(xciii) Administer a demonstration grants program for support of an
assistive technology program for farmers with disabilities (7 U.S.C.
5933).
(xciv) Conduct research on diseases affecting honeybees (7 U.S.C.
5934).
(xcv) Control within USDA the acquisition, use, and disposal of
material and equipment that may be a source of ionizing radiation
hazard.
(xcvi) Conduct programs of research, technology development, and
education related to global climate change (7 U.S.C. 6701-6710).
(xcvii) Administer the Small Business Innovation Development Act of
1982 for USDA (15 U.S.C. 638 (e)-(k)).
(xcviii) Coordinate Departmental policies under the Toxic Substance
Control Act (15 U.S.C. 2601-2629).
(xcix) Provide educational and technical assistance in implementing
and administering the Conservation Reserve Program authorized in
sections 1231-1244 of the Food Security Act of 1985 (Pub. L. No. 99-
198, 99 Stat. 1509 (16 U.S.C. 3831-3844)).
(c) Enter into cooperative research and development agreements with
industry, universities, and others; institute a cash award program to
reward scientific, engineering, and technical personnel; award
royalties to inventors; and retain and use royalty income (15 U.S.C.
3710a-3710c).
(ci) Coordinate USDA activities delegated under 15 U.S.C. 3710a-
3710c.
(cii) Conduct educational and demonstrational work in Cooperative
Farm Forestry Programs (16 U.S.C. 568).
(ciii) Cooperate with the States for the purposes of encouraging
and assisting them in carrying out programs of forestry, natural
resources, and environmental research (16 U.S.C. 582a-8).
(civ) Establish and administer the Forestry Student Grant Program
to provide competitive grants to assist the expansion of the
professional education of forestry, natural resources, and
environmental scientists (16 U.S.C. 1649).
(cv) Provide for an expanded and comprehensive extension program
for forest and rangeland renewable resources (16 U.S.C. 1671-1676).
[[Page 31787]]
(cvi) Provide technical, financial, and educational assistance to
State foresters and State extension directors on rural forestry
assistance (16 U.S.C. 2102).
(cvii) Provide educational assistance to State foresters under the
Forest Stewardship Program (16 U.S.C. 2103a).
(cviii) Implement and conduct an educational program to assist the
development of Urban and Community Forestry Programs (16 U.S.C. 2105).
(cix) Provide staff support to the Secretary of Agriculture in his
or her role as permanent Chair for the Joint Subcommittee on
Aquaculture established by the National Aquaculture Act of 1980 and
coordinate aquacultural activities within the Department (16 U.S.C.
2805).
(cx) Perform research, development, and extension activities in
aquaculture (16 U.S.C. 2804 and 2806).
(cxi) Provide educational assistance to farmers regarding the
Agricultural Water Quality Protection Program (16 U.S.C. 3838b).
(cxii) Copy and deliver on demand selected articles and other
materials from the Department's collections by photographic
reproduction or other means within the permissions, constraints, and
limitations of sections 106, 107, and 108 of the Copyright Act of
October 19, 1976, (17 U.S.C. 106, 107, and 108).
(cxiii) Authorize the use of the 4-H Club name and emblem (18
U.S.C. 707).
(cxiv) Maintain a National Arboretum for the purposes of research
and education concerning tree and plant life; accept and administer
gifts or devices or real and personal property for the benefit of the
National Arboretum; and order disbursements from the Treasury (20
U.S.C. 191-195).
(cxv) Conduct research on foot-and-mouth disease and other animal
diseases (21 U.S.C. 113a).
(cxvi) Conduct research on the control and eradication of cattle
grubs (screwworms) (21 U.S.C. 114e).
(cxvii) Obtain and furnish Federal excess property to eligible
recipients for use in the conduct of research and extension programs
(40 U.S.C. 483(d)(2)).
(cxviii) Conduct research demonstration and promotion activities
related to farm dwellings and other buildings for the purposes of
reducing costs and adapting and developing fixtures and appurtenances
for more efficient and economical farm use (42 U.S.C. 1476(b)).
(cxix) Carry out research, demonstration, and educational
activities authorized in section 202(c) of the Colorado River Basin
Salinity Control Act (43 U.S.C. 1592(c)).
(cxx) Conduct research on losses of livestock in interstate
commerce due to injury or disease (45 U.S.C. 71 note).
(cxxi) Administer a Cooperative Agricultural Extension Program
related to agriculture, uses of solar energy with respect to
agriculture, and home economics in the District of Columbia (D.C. Code
31-1409).
(cxxii) Provide leadership and direct assistance in planning,
conducting and evaluating extension programs under a memorandum of
agreement with the Bureau of Indian Affairs dated May 1956.
(cxxiii) Exercise the responsibilities of the Secretary under
regulations dealing with Equal Employment Opportunity in the
Cooperative Extension Service (part 18 of this title).
(cxxiv) Represent the Department on the Federal Interagency Council
on Education.
(cxxv) Assure the acquisition, preservation, and accessibility of
all information concerning food and agriculture by providing leadership
to and coordination of the acquisition programs and related activities
of the library and information systems, with the agencies of USDA,
other Federal departments and agencies, State agricultural experiment
stations, colleges and universities, and other research institutions
and organizations.
(cxxvi) Formulate, write, or prescribe bibliographic and
technically related standards for the library and information services
of USDA.
(cxxvii) Determine by survey or other appropriate means, the
information needs of the Department's scientific, professional,
technical, and administrative staffs, its constituencies, and the
general public in the areas of food, agriculture, the environment, and
other related areas.
(cxxviii) Represent the Department on all library and information
science matters before Congressional Committees and appropriate
commissions, and provide representation to the coordinating committees
of the Federal and State governments concerned with library and
information science activities.
(cxxix) Represent the Department in international organizational
activities and on international technical committees concerned with
agricultural science, education, and development activities, including
library and information science activities.
(cxxx) Prepare and disseminate computer files, indexes and
abstracts, bibliographies, reviews, and other analytical information
tools.
(cxxxi) Arrange for the consolidated purchasing and dissemination
of printed and automated indexes, abstracts, journals, and other widely
used information resources and services.
(cxxxii) Provide assistance and support to professional
organizations and others concerned with library and information science
matters and issues.
(cxxxiii) Pursuant to the authority delegated by the Administrator
of General Services to the Secretary of Agriculture in 34 FR 6406, 36
FR 1293, 36 FR 18440, and 38 FR 23838, appoint uniformed armed guards
and special policemen, make all needful rules and regulations, and
annex to such rules and regulations such reasonable penalties (not to
exceed those prescribed in 40 U.S.C. 318(c), as will ensure their
enforcement, for the protection of persons, property, buildings, and
grounds of the Arboretum, Washington, DC; the U.S. Meat Animal Research
Center, Clay Center, NE; the Agricultural Research Center, Beltsville,
MD; and the Animal Disease Center, Plum Island, NY, over which the
United States has exclusive or concurrent criminal jurisdiction, in
accordance with the limitations and requirements of the Federal
Property and Administrative Services Act of 1949, as amended (40 U.S.C.
471, et seq.), the Act of June 1, 1948, as amended (40 U.S.C. 318, et
seq.), and the policies, procedures, and controls prescribed by the
General Services Administration. Any rules or regulations promulgated
under this authority shall be approved by the Director, Office of
Operations, and the General Counsel prior to issuance.
(cxxxiv) Represent the Department on the Federal Coordinating
Council for Science, Engineering, and Technology.
(cxxxv) Administer the Department's Patent Program except as
delegated to the General Counsel in Sec. 2.31(e).
(cxxxvi) Review cooperative research and development agreements
entered into pursuant to 15 U.S.C. 3710a-3710c, with authority to
disapprove or require the modification of any such agreement.
(2) Related to committee management. Establish or reestablish
regional, state and local advisory committees for the activities
authorized. This authority may not be redelegated.
(3) Related to defense and emergency preparedness. Administer the
responsibilities and functions assigned under the Defense Production
Act of 1950, as amended (50 U.S.C. App. 2061, et seq.), and title VI of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5195, et seq.), concerning scientific and educational programs;
estimates of supplies of agricultural commodities and evaluation of
requirements therefor; coordination
[[Page 31788]]
of damage assessment; food and agricultural aspects of economic
stabilization, economic research, and agricultural statistics; and the
coordination of energy programs.
(4) Related to rural development activities. Provide guidance and
direction for the accomplishment of activities authorized under the
Rural Development Act of 1972, as amended (7 U.S.C. 1921, et seq.), for
programs under the control of the Under Secretary for Research,
Education, and Economics, coordinating the policy aspects thereof with
the Under Secretary for Rural Economic and Community Development.
(5) Related to environmental response. With respect to land and
facilities under his or her authority, exercise the functions delegated
to the Secretary by Executive Order 12580, 3 CFR, 1987 Comp., p. 193,
under the following provisions of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (``the Act''), as
amended:
(i) Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a),
(b), and (c)(4)), with respect to removal and remedial actions in the
event of release or threatened release of a hazardous substance,
pollutant, or contaminant into the environment;
(ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with
respect to information gathering and access requests and orders;
compliance with Federal health and safety standards and wage and labor
standards applicable to covered work; and emergency procurement powers;
(iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with
respect to the reduction of exposure to significant risk to human
health;
(iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to
the acquisition of real property and interests in real property
required to conduct a remedial action;
(v) The first two sentences of section 105(d) of the Act (42 U.S.C.
9605(d)), with respect to petitions for preliminary assessment of a
release or threatened release;
(vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to
consideration of the availability of qualified minority firms in
awarding contracts, but excluding that portion of section 105(f)
pertaining to the annual report to Congress;
(vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the
assessment of civil penalties for violations of section 122 of the Act
(42 U.S.C. 9622), and the granting of awards to individuals providing
information;
(viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect
to the designation of officials who may obligate money in the Hazardous
Substances Superfund;
(ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to
establishing an administrative record upon which to base the selection
of a response action and identifying and notifying potentially
responsible parties;
(x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to
preliminary assessment and site inspection of facilities;
(xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and
(c)), with respect to public participation in the preparation of any
plan for remedial action and explanation of variances from the final
remedial action plan for any remedial action or enforcement action,
including any settlement or consent decree entered into;
(xii) Section 119 of the Act (42 U.S.C. 9119), with respect to
indemnifying response action contractors;
(xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to
cleanup standards; and
(xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C.
9622(b)(1)), related to mixed funding agreements.
(6) Related to compliance with environmental laws. With respect to
facilities and activities under his or her authority, to exercise the
authority of the Secretary of Agriculture pursuant to section 1-102
related to compliance with applicable pollution control standards and
section 1-601 of Executive Order 12088, 3 CFR, 1978 Comp., p. 243, to
enter into an inter-agency agreement with the United States
Environmental Protection Agency, or an administrative consent order or
a consent judgment in an appropriate State, interstate, or local
agency, containing a plan and schedule to achieve and maintain
compliance with applicable pollution control standards established
pursuant to the following:
(i) Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act, as further amended by the Hazardous and
Solid Waste Amendments, and the Federal Facility Compliance Act (42
U.S.C. 6901, et seq.);
(ii) Federal Water Pollution Prevention and Control Act, as amended
(33 U.S.C. 1251, et seq.);
(iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f, et
seq.);
(iv) Clean Air Act, as amended (42 U.S.C. 7401, et seq.);
(v) Noise Control Act of 1972, as amended (42 U.S.C. 4901, et
seq.);
(vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601, et
seq.);
(vii) Federal Insecticide, Fungicide, and Rodenticide Act, as
amended (7 U.S.C. 136, et seq.); and
(viii) Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended by the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. 9601, et seq.).
(7) Related to national food and human nutrition research.
(i) Administer a National Food and Human Nutrition Research Program
under the National Agricultural Research, Extension, and Teaching
Policy Act of 1977, as amended. As used herein the term ``research''
includes:
(A) Research on the nutrient composition of foods and the effects
of agricultural practices, handling, food processing, and cooking on
the nutrients they contain;
(B) Surveillance of the nutritional benefits provided to
participants in the food programs administered by the
Department; and
(C) Research on the factors affecting food preference and habits (7
U.S.C. 3171-3175, 3177).
(ii) The authority in paragraph (a)(7)(i) of this section includes
the authority to:
(A) Appraise the nutritive content of the U.S. food supply;
(B) Develop and make available data on the nutrient composition of
foods needed by Federal, State, and local agencies administering food
and nutrition programs, and the general public, to improve the
nutritional quality of diets;
(C) Coordinate nutrition education research projects within the
Department; and
(D) Maintain data generated on food composition in a National
Nutrient Data Bank.
(iii) Conduct, in cooperation with the Department of Health and
Human Services, the National Nutrition Monitoring and Related Research
Program. Included in this delegation is the authority to:
(A) Design and carry out periodic nationwide food consumption
surveys to measure household food consumption;
(B) Design and carry out a continuous, longitudinal individual
intake survey of the United States population and special high-risk
groups; and
(C) Design and carry out methodological research studies to develop
improved procedures for collecting household and individual food intake
consumption data;
[[Page 31789]]
(iv) Conduct a program of nutrition education research.
(v) Co-chair with the Assistant Secretary for Health, Department of
Health and Human Services, the Interagency Board for Nutrition
Monitoring and Related Research for the development and coordination of
a Ten-Year Comprehensive Plan as required by Pub. L. No. 101-445, 7
U.S.C. 5301, et seq.
(8) Related to economic research and statistical reporting. (i)
Conduct economic research on matters of importance to cooperatives as
authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-
1627).
(ii) Conduct economic and social science research and analyses
relating to:
(A) food and agriculture situation and outlook;
(B) the production, marketing, and distribution of food and fiber
products (excluding forest and forest products), including studies of
the performance of the food and agricultural sector of the economy in
meeting needs and wants of consumers;
(C) basic and long-range, worldwide, economic analyses and research
on supply, demand, and trade in food and fiber products and the effects
on the U.S. food and agriculture system, including general economic
analyses of the international financial and monetary aspects of
agricultural affairs;
(D) natural resources, including studies of the use and management
of land and water resources, the quality of these resources, resource
institutions, and watershed and river basin development problems; and
(E) rural people and communities, as authorized by title II of the
Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1621-1627),
and the Act of June 29, 1935, as amended (7 U.S.C. 427).
(iii) Perform economic and other social science research under
section 104(b) (1) and (3) of the Agricultural Trade Development and
Assistance Act of 1954, as amended, with funds administered by the
Foreign Agricultural Service (7 U.S.C. 1704).
(iv) Prepare crop and livestock estimates and administer reporting
programs, including estimates of production, supply, price, and other
aspects of the U.S. agricultural economy, collection of statistics,
conduct of enumerative and objective measurement surveys, construction
and maintenance of sampling frames, and related activities. Prepare
reports of the Agricultural Statistics Board of the Department of
Agriculture covering official state and national estimates (7 U.S.C.
411a, 475, 476, 951, and 2204).
(v) Take such security precautions as are necessary to prevent
disclosure of crop or livestock report information prior to the
scheduled issuance time approved in advance by the Secretary of
Agriculture and take such actions as are necessary to avoid disclosure
of confidential data or information supplied by any person, firm,
partnership, corporation, or association (18 U.S.C. 1902, 1903, and
2072).
(vi) Improve statistics in the Department; maintain liaison with
OMB and other Federal agencies for coordination of statistical methods
and techniques.
(vii) Investigate and make findings as to the effect upon the
production of food and upon the agricultural economy of any proposed
action pending before the Administrator of the Environmental Protection
Agency for presentation in the public interest, before said
Administrator, other agencies, or before the courts.
(viii) Review economic data and analyses used in speeches by
Department personnel and in materials prepared for release through the
press, radio, and television.
(ix) Coordinate all economic analysis and review all decisions
involving substantial economic policy implications.
(x) Cooperate and work with national and international institutions
and other persons throughout the world in the performance of
agricultural research and extension activities to promote and support
the development of a viable and sustainable global and agricultural
system. Such work may be carried out by:
(A) Exchanging research materials and results with the institutions
or persons;
(B) Engaging in joint or coordinated research;
(C) Entering into cooperative arrangements with Departments and
Ministries of Agriculture in other nations to conduct research,
extension; and education activities (limited to arrangements either
involving no exchange of funds or involving disbursements by the agency
to the institutions of other nations), and then reporting these
arrangements to the Secretary of Agriculture;
(D) Stationing representatives at such institutions or
organizations in foreign countries; or
(E) Entering into agreements with land-grant colleges and
universities, other organizations, institutions, or individuals with
comparable goals, and with the concurrence of the Foreign Agricultural
Service, USDA, international organizations (limited to agreements
either involving no exchange of funds or involving disbursements by the
agency to the cooperator), and then reporting these agreement to the
Secretary of Agriculture (7 U.S.C. 3291(a)).
(xi) Prepare for transmittal by the Secretary to the President and
both Houses of Congress, an analytical report under section 5 of the
Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3504)
concerning the effect on family farms and rural communities of
holdings, acquisitions, and transfers of U.S. agricultural land by
foreign persons.
(xii) Enter into contracts, grants, or cooperative agreements to
further research and statistical reporting programs in the food and
agricultural sciences (7 U.S.C. 3318).
(xiii) Enter into cost-reimbursable agreements relating to
agricultural research and statistical reporting (7 U.S.C. 3319a).
(9) Related to energy. (i) Advise the Secretary and other policy-
level officials of the Department on energy policies and programs,
including legislative and budget proposals.
(ii) Serve as or designate the Department representative at
hearings, conferences, meetings and other contacts with respect to
energy and energy-related matters, including liaison with the
Department of Energy and other governmental agencies and departments.
(iii) Provide Department leadership in:
(A) Analyzing and evaluating existing and proposed energy policies
and strategies, including those regarding the allocation of scarce
resources;
(B) Developing energy policies and strategies, including those
regarding the allocation of scarce resources;
(C) Reviewing and evaluating Departmental energy and energy-related
programs and program progress;
(D) Developing agricultural and rural components of national energy
policy plans; and
(E) Preparing reports on energy and energy-related policies and
programs required under Acts of Congress and Executive orders,
including those involving testimony and reports on legislative
proposals.
(iv) Provide Departmental oversight and coordination with respect
to resources available for energy and energy-related activities,
including funds transferred to USDA from other departments or agencies
of the Federal Government pursuant to interagency agreements.
[[Page 31790]]
(v) These delegations exclude the energy management actions related
to the internal operations of the Department as delegated to the
Assistant Secretary for Administration.
(10) Related to immigration. Serve as the designee of the Secretary
pursuant to section 212(e) of the Immigration and Nationality Act, as
amended, 8 U.S.C. 1182(e) and 22 CFR 514.44(c)).
(b) The following authorities are reserved to the Secretary of
Agriculture:
(1) Related to science and education. (i) Withhold funds from
States and sending notification thereof to the President in accordance
with sections 5 and 6 of the Smith-Lever Act, as amended (7 U.S.C. 345-
346), sections 5 and 7 of the Hatch Act, as amended (7 U.S.C. 361(e)
and (g)), and sections 1436, 1444, 1445 and 1468 of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977, as
amended (7 U.S.C. 3198, 3221, 3222 and 3314).
(ii) Reapportion funds under section 4 and apportion funds under
section 5 of the Act of October 10, 1962 (16 U.S.C. 582a-3, 582a-5).
(iii) Appoint an advisory committee under section 6 of the Act of
October 10, 1962 (16 U.S.C. 582a-4).
(iv) Final concurrence in Equal Employment Opportunity Programs
within the cooperative extension programs submitted under part 18 of
this title.
(v) Approve selection of State directors of extension.
(vi) Approve the memoranda of understanding between the land-grant
universities and USDA related to cooperative extension programs.
(2) Related to economic research and statistical reporting. (i)
Final approval and issuance of the monthly crop report (7 U.S.C. 411a).
(ii) Final action on rules and regulations for the Agricultural
Statistics Board.
Sec. 2.22 Assistant Secretary for Marketing and Regulatory Programs.
(a) The following delegations of authority are made by the
Secretary of Agriculture to the Assistant Secretary for Marketing and
Regulatory Programs:
(1) Related to agricultural marketing. (i) Exercise the functions
of the Secretary of Agriculture contained in the Agricultural Marketing
Act of 1946, as amended (7 U.S.C. 1621-1627), including payments to
State Departments of Agriculture in connection with cooperative
marketing service projects under section 204(b) (7 U.S.C. 1623(b)), but
excepting matters otherwise assigned.
(ii) Conduct marketing efficiency research and development
activities directly applicable to the conduct of the Wholesale Market
Development Program, specifically:
(A) Studies of facilities and methods used in physical distribution
of food and other farm products;
(B) Studies designed to improve handling of all agricultural
products as they are moved from farms to consumers; and
(C) application of presently available scientific knowledge to the
solution of practical problems encountered in the marketing of
agricultural products (7 U.S.C. 1621-1627).
(iii) Exercise the functions of the Secretary of Agriculture
relating to the transportation activities contained in section 203(j)
of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622(j)) as
amended, but excepting matters otherwise assigned.
(iv) Administer transportation activities under section 201 of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1291).
(v) Apply results of economic research and operations analysis to
evaluate transportation issues and to recommend revisions of current
procedures.
(vi) Serve as the focal point for all Department transportation
matters including development of policies and strategies.
(vii) Cooperate with other Departmental agencies in the development
and recommendation of policies for inland transportation of USDA and
CCC-owned commodities in connection with USDA programs.
(viii) Exercise the functions of the Secretary of Agriculture
contained in the following legislation:
(A) U.S. Cotton Standards Act (7 U.S.C. 51-65);
(B) Cotton futures provisions of the Internal Revenue Code of 1954
(26 U.S.C. 4854, 4862-4865, 4876, and 7263);
(C) Cotton Statistics and Estimates Act, as amended (7 U.S.C. 471-
476), except as otherwise assigned;
(D) Naval Stores Act (7 U.S.C. 91-99);
(E) Tobacco Inspection Act (7 U.S.C. 511-511q);
(F) Wool Standard Act (7 U.S.C. 415b-415d);
(G) Agricultural Marketing Agreement Act of 1937, as amended (7
U.S.C. 601, 602, 608a-608e, 610, 612, 614, 624, 671-674);
(H) Cotton Research and Promotion Act (7 U.S.C. 2101-2118) and
section 610 of the Agricultural Act of 1970 (7 U.S.C. 2119), except as
delegated to the Under Secretary for Farm and Foreign Agricultural
Services in Sec. 2.16(a)(3)(x);
(I) Export Apple and Pear Act (7 U.S.C. 581-590);
(J) Export Grape and Plum Act (7 U.S.C. 591-599);
(K) Titles I, II, IV, and V of the Federal Seed Act, as amended (7
U.S.C. 1551-1575, 1591-1611);
(L) Perishable Agricultural Commodities Act (7 U.S.C. 499a-499s);
(M) Produce Agency Act (7 U.S.C. 491-497);
(N) Tobacco Seed and Plant Exportation Act (7 U.S.C. 516-517);
(O) Tobacco Statistics Act (7 U.S.C. 501-508);
(P) Section 401(a) of the Organic Act of 1944 (7 U.S.C. 415e);
(Q) Agricultural Fair Practices Act (7 U.S.C. 2301-2306);
(R) Wheat Research and Promotion Act (7 U.S.C. 1292 note), except
as delegated to the Under Secretary for Farm and Foreign Agricultural
Services in Sec. 2.16(a)(3)(x);
(S) Plant Variety Protection Act (7 U.S.C. 2321-2331, 2351-2357,
2371-2372, 2401-2404, 2421-2427, 2441-2443, 2461-2463, 2481-2486, 2501-
2504, 2531-2532, 2541-2545, 2561-2569, 2581-2583), except as delegated
to the Judicial Officer;
(T) Subtitle B of title I and section 301(4) of the Dairy and
Tobacco Adjustment Act of 1983 (7 U.S.C. 4501-4513, 4514(4)), except as
delegated to the Under Secretary for Farm and Foreign Agricultural
Services in Sec. 2.16(a)(3)(x);
(U) Potato Research and Promotion Act (7 U.S.C. 2611-2627), except
as delegated to the Under Secretary for Farm and Foreign Agricultural
Services in Sec. 2.16(a)(3)(x);
(V) Section 708 of the National Wool Act of 1954, as amended (7
U.S.C. 1787), except as delegated to the Under Secretary for Farm and
Foreign Agricultural Services in Secs. 2.16(a)(1)(xi) and (a)(3)(x);
(W) Egg Research and Consumer Information Act (7 U.S.C. 2701-2718),
except as delegated to the Under Secretary for Farm and Foreign
Agricultural Services in Sec. 2.16(a)(3)(x);
(X) Beef Research and Information Act, as amended (7 U.S.C. 2901-
2918), except as delegated to the Under Secretary for Farm and Foreign
Agricultural Services in Secs. 2.16(a)(1)(xiv) and (a)(3)(x);
(Y) Wheat and Wheat Foods Research and Nutrition Education Act (7
U.S.C. 3401-3417), except as delegated to the Under Secretary for Farm
and Foreign Agricultural Services in Sec. 2.16(a)(3)(x);
(Z) Egg Products Inspection Act relating to the Shell Egg
Surveillance Program, voluntary laboratory analyses of egg products,
and the Voluntary Egg Grading Program (21 U.S.C. 1031-1056);
(AA) Section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), as
[[Page 31791]]
supplemented by the Act of June 28, 1937 (15 U.S.C. 713c), and related
legislation, except functions which are otherwise assigned relating to
the domestic distribution and donation of agricultural commodities and
products thereof following the procurement thereof;
(BB) Procurement of agricultural commodities and other foods under
section 6 of the National School Lunch Act of 1946, as amended (42
U.S.C. 1755);
(CC) In carrying out the procurement functions in paragraphs
(a)(1)(viii)(AA) and (BB) of this section, the Assistant Secretary for
Marketing and Regulatory Programs shall, to the extent practicable, use
the commodity procurement, handling, payment and related services of
the Farm Service Agency;
(DD) Act of May 23, 1980, regarding inspection of dairy products
for export (21 U.S.C. 693);
(EE) The Pork Promotion, Research and Consumer Information Act of
1985 (7 U.S.C. 4801-4819);
(FF) The Watermelon Research and Promotion Act (7 U.S.C. 4901-
4916);
(GG) The Honey Research, Promotion, and Consumer Information Act (7
U.S.C. 4601-4612);
(HH) Subtitles B and C of the Dairy Production Stabilization Act of
1983, as amended (7 U.S.C. 4501-4513, 4531-4538);
(II) The Floral Research and Consumer Information Act (7 U.S.C.
4301-4319);
(JJ) Section 213 of the Tobacco Adjustment Act of 1983, as amended
(7 U.S.C. 511r);
(KK) National Laboratory Accreditation Program (7 U.S.C. 138-138i)
with respect to laboratories accredited for pesticide residue analysis
in fruits and vegetables and other agricultural commodities, except
those laboratories analyzing only meat and poultry products;
(LL) Pecan Promotion and Research Act of 1990 (7 U.S.C. 6001-6013),
except as delegated to the Under Secretary for Farm and Foreign
Agricultural Services in Sec. 2.16(a)(3)(x);
(MM) Mushroom Promotion, Research, and Consumer Information Act of
1990 (7 U.S.C. 6101-6112), except as delegated to the Under Secretary
for Farm and Foreign Agricultural Services in Sec. 2.16(a)(3)(x);
(NN) Lime Research, Promotion, Research, and Consumer Information
Act of 1990 (7 U.S.C. 6201-6212), except as delegated to the Under
Secretary for Farm and Foreign Agricultural Services in
Sec. 2.16(a)(3)(x);
(OO) Soybean Promotion, Research, and Consumer Information Act (7
U.S.C. 6301-6311), except as delegated to the Under Secretary for Farm
and Foreign Agricultural Services in Sec. 2.16(a)(3)(x);
(PP) Fluid Milk Promotion Act of 1990 (7 U.S.C. 6401-6417);
(QQ) Producer Research and Promotion Board Accountability (104
Stat. 3927);
(RR) Consistency with International Obligations of the United
States (7 U.S.C. 2278);
(SS) Organic Foods Production Act of 1990 (7 U.S.C. 6501-6522),
provided that the Administrator, Agricultural Marketing Service, will
enter into agreements, as necessary, with the Administrator, Food
Safety and Inspection Service, to provide inspection services;
(TT) Pesticide Recordkeeping (7 U.S.C. 136i-1) with the provision
that the Administrator, Agricultural Marketing Service, will enter into
agreements, as necessary, with other Federal agencies;
(UU) The International Carriage of Perishable Foodstuffs Act (7
U.S.C. 4401-4406); and
(VV) The Sheep Promotion, Research, and Information Act (7 U.S.C.
7101-7111).
(ix) Furnish, on request, copies of programs, pamphlets, reports,
or other publications for missions or programs as may otherwise be
delegated or assigned to the Assistant Secretary for Marketing and
Regulatory Programs, and charge user fees therefor, as authorized by
section 1121 of the Agriculture and Food Act of 1981, as amended by
section 1769 of the Food Security Act of 1985, 7 U.S.C. 2242a.
(x) Collect, summarize, and publish data on the production,
distribution, and stocks of sugar.
(2) Related to animal and plant health inspection. Exercise the
functions of the Secretary of Agriculture under the following
authorities:
(i) Administer the Foreign Service personnel system for employees
of the Animal and Plant Health Inspection Service in accordance with 22
U.S.C. 3922, except that this delegation does not include the authority
to represent the Department of Agriculture in interagency consultations
and negotiations with other foreign affairs agencies regarding joint
regulations, nor the authority to approve joint regulations issued by
the Department of State relating to administration of the Foreign
Service;
(ii) Section 102, Organic Act of 1944, as amended, and the Act of
April 6, 1937, as amended (7 U.S.C. 147a, 148, 148a-148e), relating to
control and eradication of plant pests and diseases, including
administering survey and regulatory activities for the Gypsy Moth
Program and, with the Chief of the Forest Service, jointly
administering gypsy moth eradication activities by assuming primary
responsibility for eradication of gypsy moth infestations of 640 acres
or less on State and private lands that are not contiguous to infested
Federal lands;
(iii) The Mexican Border Act, as amended (7 U.S.C. 149);
(iv) The Golden Nematode Act (7 U.S.C. 150-150g);
(v) The Federal Plant Pest Act, as amended (7 U.S.C. 150aa-150jj);
(vi) The Plant Quarantine Act, as amended (7 U.S.C. 151-164a, 167).
(vii) The Terminal Inspection Act, as amended (7 U.S.C. 166);
(viii) The Honeybee Act, as amended (7 U.S.C. 281-286);
(ix) The Halogeton Glomeratus Control Act (7 U.S.C. 1651-1656);
(x) Tariff Act of June 17, 1930, as amended, sec. 306 (19 U.S.C.
1306);
(xi) Act of August 30, 1890, as amended (21 U.S.C. 102-105);
(xii) Act of May 29, 1884, as amended, Act of February 2, 1903, as
amended, and Act of March 3, 1905, as amended, and supplemental
legislation (21 U.S.C. 111-114a, 114a-1, 115-130);
(xiii) Act of February 28, 1947, as amended (21 U.S.C. 114b-114c,
114d-1);
(xiv) Act of June 16, 1948 (21 U.S.C. 114e-114f);
(xv) Act of September 6, 1961 (21 U.S.C. 114g-114h);
(xvi) Act of July 2, 1962 (21 U.S.C. 134-134h);
(xvii) Act of May 6, 1970 (21 U.S.C. 135-135b);
(xviii) Sections 12-14 of the Federal Meat Inspection Act, as
amended, and so much of section 18 of such Act as pertains to the
issuance of certificates of condition of live animals intended and
offered for export (21 U.S.C. 612-614, 618);
(xix) Improvement of poultry, poultry products, and hatcheries (7
U.S.C. 429);
(xx) The responsibilities of the United States under the
International Plant Protection Convention;
(xxi) (Laboratory) Animal Welfare Act, as amended (7 U.S.C. 2131-
2159);
(xxii) Horse Protection Act (15 U.S.C. 1821-1831);
(xxiii) 28 Hour Law, as amended (45 U.S.C. 71-74);
(xxiv) Export Animal Accommodation Act, as amended (46 U.S.C. 3901-
3902);
(xxv) Purebred Animal Duty Free Entry Provisions of Tariff Act of
June 17, 1930, as amended (19 U.S.C. 1202, part 1, Item 100.01);
(xxvi) Virus-Serum-Toxin Act (21 U.S.C. 151-158);
[[Page 31792]]
(xxvii) Conduct diagnostic and related activities necessary to
prevent, detect, control or eradicate foot-and-mouth disease and other
foreign animal diseases (21 U.S.C. 113a);
(xxviii) The Agricultural Marketing Act of 1946, sections 203, 205,
as amended (7 U.S.C. 1622, 1624), with respect to voluntary inspection
and certification of animal products; inspection, testing, treatment,
and certification of animals; and a program to investigate and develop
solutions to the problems resulting from the use of sulfonamides in
swine;
(xxix) Talmadge Aiken Act (7 U.S.C. 450) with respect to
cooperation with States in control and eradication of plant and animal
diseases and pests;
(xxx) The Federal Noxious Weed Act of 1974, as amended (7 U.S.C.
2801-2814);
(xxxi) The Endangered Species Act of 1973 (16 U.S.C. 1531-1544);
(xxxii) Executive Order 11987, 3 CFR, 1977 Comp., p. 116;
(xxxiii) Section 101(d), Organic Act of 1944 (7 U.S.C. 430);
(xxxiv) The Swine Health Protection Act, as amended (7 U.S.C. 3801-
3813);
(xxxv) Lacey Act Amendments of 1981, as amended (16 U.S.C. 3371-
3378);
(xxxvi) Title III (and title IV to the extent that it relates to
activities under title III,) of the Federal Seed Act, as amended (7
U.S.C. 1581-1610);
(xxxvii) Authority to prescribe the amounts of commuted traveltime
allowances and the circumstances under which such allowances may be
paid to employees covered by the Act of August 28, 1950 (7 U.S.C.
2260);
(xxxviii) The Act of March 2, 1931 (7 U.S.C. 426-426b);
(xxxix) The Act of December 22, 1987 (7 U.S.C. 426c);
(xl) Authority to work with developed and transitional countries on
agricultural and related research and extension, with respect to animal
and plant health, including providing technical assistance, training,
and advice to persons from such countries engaged in such activities
and the stationing of scientists of national and international
institutions in such countries (7 U.S.C. 3291(a)(3));
(xli) Authority to prescribe and collect fees under the Act of
August 31, 1951, as amended (31 U.S.C. 9701), and sections 2508 and
2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21
U.S.C. 136, 136a), as amended;
(xlii) The provisions of 35 U.S.C. 156;
(xliii) Enter into cooperative research and development agreements
with industry, universities, and others; institute a cash award program
to reward scientific, engineering, and technical personnel; award
royalties to inventors; and retain and use royalty income (15 U.S.C.
3710a-3710c); and
(xliv) The Alien Species Prevention and Enforcement Act of 1992 (39
U.S.C. 3015 note).
(3) Related to grain inspection, packers and stockyards. (i)
Exercise the authority of the Secretary of Agriculture contained in the
U.S. Grain Standards Act, as amended (7 U.S.C. 71-87h).
(ii) Exercise the functions of the Secretary of Agriculture
contained in the Agricultural Marketing Act of 1946, as amended (7
U.S.C. 1621-1627), relating to inspection and standardization
activities relating to grain.
(iii) Administer the Packers and Stockyards Act, as amended and
supplemented (7 U.S.C. 181-229).
(iv) Enforce provisions of the Consumer Credit Protection Act (15
U.S.C. 1601-1655, 1681-1681t) with respect to any activities subject to
the Packers and Stockyards Act, 1921, as amended and supplemented.
(v) Exercise the functions of the Secretary of Agriculture
contained in section 1324 of the Food Security Act of 1985 (7 U.S.C.
1631).
(4) Related to committee management. Establish and reestablish
regional, State, and local advisory committees for activities under his
or her authority. This authority may not be redelegated.
(5) Related to defense and emergency preparedness. Administer
responsibilities and functions assigned under the Defense Production
Act of 1950, as amended (50 U.S.C. App. 2061, et seq.), and title VI of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5195, et seq.), concerning protection of livestock, poultry and
crops and products thereof from biological and chemical warfare; and
utilization or disposal of livestock and poultry exposed to radiation.
(6) Related to biotechnology. Coordinate the development and
carrying out by Department agencies of all matters and functions
pertaining to the Department's regulation of biotechnology, and act as
liaison on all matters and functions pertaining to the regulation of
biotechnology between agencies within the Department and between the
Department and governmental and private organizations. Provided, that
with respect to biotechnology matters affecting egg products, the
Assistant Secretary shall consult and coordinate activities of
Department agencies with the Under Secretary for Food Safety.
(7) Related to environmental response. With respect to land and
facilities under his or her authority, exercise the functions delegated
to the Secretary by Executive Order 12580, 3 CFR, 1987 Comp., p. 193,
under the following provisions of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (``the Act''), as
amended:
(i) Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a),
(b), and (c)(4)), with respect to removal and remedial actions in the
event of release or threatened release of a hazardous substance,
pollutant, or contaminant into the environment;
(ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with
respect to information gathering and access requests and orders;
compliance with Federal health and safety standards and wage and labor
standards applicable to covered work; and emergency procurement powers;
(iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with
respect to the reduction of exposure to significant risk to human
health;
(iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to
the acquisition of real property and interests in real property
required to conduct a remedial action;
(v) The first two sentences of section 105(d) of the Act (42 U.S.C.
9605(d)), with respect to petitions for preliminary assessment of a
release or threatened release;
(vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to
consideration of the availability of qualified minority firms in
awarding contracts, but excluding that portion of section 105(f)
pertaining to the annual report to Congress;
(vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the
assessment of civil penalties for violations of section 122 of the Act
(42 U.S.C. 9622), and the granting of awards to individuals providing
information;
(viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect
to the designation of officials who may obligate money in the Hazardous
Substances Superfund;
(ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to
establishing an administrative record upon which to base the selection
of a response action and identifying and notifying potentially
responsible parties;
(x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to
preliminary assessment and site inspection of facilities;
(xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and
(c)), with respect
[[Page 31793]]
to public participation in the preparation of any plan for remedial
action and explanation of variances from the final remedial action plan
for any remedial action or enforcement action, including any settlement
or consent decree entered into;
(xii) Section 119 of the Act (42 U.S.C. 9119), with respect to
indemnifying response action contractors;
(xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to
cleanup standards; and
(xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C.
9622(b)(1)), related to mixed funding agreements.
(8) Related to compliance with environmental laws. With respect to
facilities and activities under his or her authority, to exercise the
authority of the Secretary of Agriculture pursuant to section 1-102
related to compliance with applicable pollution control standards and
section 1-601 of Executive Order 12088, 3 CFR, 1978 Comp., p. 243, to
enter into an inter-agency agreement with the United States
Environmental Protection Agency, or an administrative consent order or
a consent judgment in an appropriate State, interstate, or local
agency, containing a plan and schedule to achieve and maintain
compliance with applicable pollution control standards established
pursuant to the following:
(i) Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act, as further amended by the Hazardous and
Solid Waste Amendments, and the Federal Facility Compliance Act (42
U.S.C. 6901, et seq.);
(ii) Federal Water Pollution Prevention and Control Act, as amended
(33 U.S.C. 1251, et seq.);
(iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f, et
seq.);
(iv) Clean Air Act, as amended (42 U.S.C. 7401, et seq.);
(v) Noise Control Act of 1972, as amended (42 U.S.C. 4901, et
seq.);
(vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601, et
seq.);
(vii) Federal Insecticide, Fungicide, and Rodenticide Act, as
amended (7 U.S.C. 136, et seq.); and
(viii) Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended by the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. 9601, et seq.).
(9) Related to the Capper-Volstead Act. Serve as a member of the
Capper-Volstead Act Committee to identify cases of undue price
enhancement by associations of producers and issue complaints requiring
such associations to show cause why an order should not be made
directing them to cease and desist from monopolization or restraint of
trade (7 U.S.C. 292).
(b) The following authorities are reserved to the Secretary of
Agriculture:
(1) Relating to agricultural marketing.
(i) Promulgation, with the Secretary of the Treasury of joint
regulations under section 402(b) of the Federal Seed Act, as amended (7
U.S.C. 1592(b)).
(ii) Appoint members of the National Dairy Promotion and Research
Board established by section 113(b) of the Dairy and Tobacco Adjustment
Act of 1983 (7 U.S.C. 4504(b)).
(iii) Appoint members of the National Processor Advertising and
Promotion Board established by section 1999H(b)(4) of the Fluid Milk
Promotion Act of 1990 (7 U.S.C. 6407(b)).
(2) Related to animal and plant health inspection. (i)
Determination that an emergency or extraordinary emergency exists
because of the outbreak of any dangerous, communicable disease of
livestock or poultry anywhere in the United States and that such
outbreak threatens the livestock or poultry of the United States (21
U.S.C. 114a, 114c, 134a(b)).
(ii) Determination as to the measure and character of cooperation
with Canada, Mexico, Central American countries, Panama, and Columbia
related to operations and measures to eradicate, suppress, or control
or to prevent or retard any communicable disease of animals, the
designation of members of advisory committees, and the appointment of
commissioners on any joint commission with these governments set up
under such programs (21 U.S.C. 114b).
(iii) Approval of requests for apportionment of reserves for the
control of outbreaks of insects, plant diseases, and animal diseases to
the extent necessary to meet emergency conditions (31 U.S.C. 665).
(iv) Determination that an extraordinary emergency exists under the
criteria in section 105(b)(1) of the Federal Plant Pest Act, as
amended, (7 U.S.C. 150dd(b)(1)).
Sec. 2.23 Assistant Secretary for Congressional Relations.
(a) The following delegations of authority are made by the
Secretary of Agriculture to the Assistant Secretary for Congressional
Relations:
(1) Related to congressional affairs. (i) Exercise responsibility
for coordination of all congressional matters in the Department.
(ii) Maintain liaison with the Congress and the White House on
legislative Matters of concern to the Department.
(2) Related to intergovernmental affairs. (i) Coordinate all
programs involving intergovernmental affairs including State and local
government relations and liaison with:
(A) National Association of State Departments of Agriculture;
(B) Office of Intergovernmental Relations (Office of Vice
President);
(C) Advisory Commission on Intergovernmental Relations;
(D) Council of State Governments;
(E) National Governors Conference;
(F) National Association of Counties;
(G) National League of Cities;
(H) International City Managers Association;
(I) U.S. Conference of Mayors; and
(J) Such other State and Federal agencies, departments and
organizations as are necessary in carrying out the responsibilities of
this office.
(ii) Maintain oversight of the activities of USDA representatives
to the 10 Federal Regional councils.
(iii) Serve as the USDA contact with the Advisory Commission on
Intergovernmental Relations for implementation of OMB Circular A-85 to
provide advance notification to state and local governments of proposed
changes in Department programs that affect such governments.
(iv) Act as the department representative for Federal executive
board matters.
(v) Administer the implementation of the National Historic
Preservation Act of 1966, 16 U.S.C. 470, et seq., Executive Order
11593, 3 CFR, 1971-1975 Comp., p. 559, and regulations of the Advisory
Council on Historic Preservation, 36 CFR part 800, for the Department
of Agriculture with authority to name the Secretary's designee to the
Advisory Council on Historic Preservation.
(3) Related to Indian affairs. Coordinate the Department's programs
involving assistance to American Indians except civil rights
activities.
Sec. 2.24 Assistant Secretary for Administration.
(a) The following delegations of authority are made by the
Secretary of Agriculture to the Assistant Secretary for Administration:
(1) Related to administrative law judges. (i) Assign, after
appropriate consultation with other general officers, to the Office of
Administrative Law Judges proceedings not subject to 5 U.S.C. 556 and
557, involving the holdings of hearings and performance of related
duties pursuant to the applicable rules of practice, when the Assistant
[[Page 31794]]
Secretary for Administration determines that because of the nature of
the proceeding it would be desirable for the proceeding to be presided
over by an Administrative Law Judge and that such duties and
responsibilities would not be inconsistent with those of an
Administrative Law Judge.
(ii) Provide administrative supervision of the Office of
Administrative Law Judges.
(iii) Maintain overall responsibility and control over the Hearing
Clerk's activities which include the custody of and responsibility for
the control, maintenance, and servicing of the original and permanent
records of all USDA administrative proceedings conducted under the
provisions of 5 U.S.C 556 and 557:
(A) Receiving, filing and acknowledging the receipt of complaints,
petitions, answers, briefs, arguments, and all other documents that may
be submitted to the Secretary or the Department of Agriculture in such
proceedings;
(B) Receiving and filing complaints, notices of inquiry, orders to
show cause, notices of hearing, designations of Administrative Law
Judges or presiding officers, answers, briefs, arguments, orders, and
all other documents that may be promulgated or issued by the Secretary
or other duly authorized officials of the Department of Agriculture in
such proceedings;
(C) Supervising the service upon the parties concerned of any
documents that are required to be served, and where required,
preserving proof of service;
(D) Keeping a docket record of all such documents and proceedings;
(E) Filing a stenographic record of each administrative hearing;
(F) Preparing for certification and certifying under the
Secretary's facsimile signature, material on file in the Hearing
Clerk's office;
(G) Performing any other clerical duties with respect to the
documents relative to such proceedings as may be required to be
performed;
(H) Cooperating with the Office of Operations in the letting of
contracts for stenographic and reporting services; and forwarding
vouchers to appropriate agencies for payment;
(I) Receiving and compiling data, views or comments filed in
response to notices of proposed standards or rules or regulations; and
(J) Performing upon request the following services with respect to
any hearings in such proceedings:
(1) Arranging for suitable hearing place; and
(2) Arranging for stenographic reporting of hearings and handling
details in connection therewith.
(2) Related to management. (i) Administer a productivity program in
accordance with Executive Order 12089, 3 CFR, Comp., p. 246, and other
policy and procedural directives and laws to:
(A) Assess and improve productivity of the Department; and
(B) Assist agencies in developing, implementing and maintaining
productivity measurement systems.
(ii) Responsible for the Modernization of Administrative Processes
project to analyze and make recommendations to the Secretary regarding
improved processes with respect to administrative and financial
activities of the Department.
(iii) Designate the Department's Chief Management Improvement
Officer.
(iv) Improve Departmental management by: Performing management
studies and reviews in response to agency requests for assistance;
enhancing management decisionmaking by developing and applying analytic
techniques to address particular administrative operational and
management problems; searching for more economical or effective
approaches to the conduct of business; developing and revising systems,
processes, work methods and techniques; and undertaking other efforts
to improve the management effectiveness and productivity of the
Department.
(v) Administer the Department's Management Improvement Program
including the provision of assistance to agencies through management
studies and planning review; review the management and operating
policies and processes; search for more economical approaches to the
conduct of business and provide such other assistance as will aid in
improving the management effectiveness and operation of the
Department's programs.
(vi) Administer the Department's Management Review Program. This
authority includes the development and promulgation of departmental
directives regulating the management review function.
(vii) Develop, design, install, and revise systems, processes, work
methods, and techniques, and undertake other system engineering efforts
to improve the management and operational effectiveness of the USDA.
(3) Related to operations. (i) Promulgate Departmental policies,
standards, techniques, and procedures, and represent the Department, in
the following:
(A) Contracting for and the procurement of administrative and
operating supplies, services, equipment and construction;
(B) Socioeconomic programs relating to contracting, except matters
otherwise assigned;
(C) Selection, standardization, and simplification of program
delivery processes utilizing contracts;
(D) Acquisition, leasing, utilization, value analysis,
construction, maintenance, and disposition of real and personal
property, including control of space assignments;
(E) Acquisition, storage, distribution and disposition of forms,
supplies and equipment;
(F) Mail management;
(G) Motor vehicle fleet and other vehicular transportation;
(H) Transportation of things (traffic management);
(I) Prevention, control, and abatement of pollution with respect to
Federal facilities and activities under the control of the Department
(Executive Order 12088, 3 CFR, 1978 Comp., p. 243);
(J) Implementation of the Uniform Relocation Assistance and Real
Property Policies Act of 1970 (42 U.S.C. 4601, et seq.) and
(K) Develop and implement energy management actions related to the
internal operations of the Department. Maintain liaison with other
government agencies in these matters.
(ii) Operate, or provide for the operation of, centralized
Departmental services for printing, copy reproduction, offset
composition, supply, mail, automated mailing lists, excess property
pool, resource recovery, shipping and receiving, forms, labor services,
issuance of general employee identification cards, supplemental
distribution of Department directives, space allocation and management,
and related management support.
(iii) Exercise the following special authorities:
(A) Designate the Department's Debarring Officer to perform the
functions of 48 CFR part 9, subparts 9.406 and 9.407;
(B) Conduct liaison with the Office of the Federal Register (1 CFR
part 16) including the making of required certifications pursuant to 1
CFR part 18;
(C) Maintain custody and permit appropriate use of the official
seal of the Department;
(D) Establish policy for the use of the official flags of the
Secretary and the Department;
(E) Coordinate collection of historical material for Presidential
Libraries;
(F) Oversee the safeguarding of unclassified materials designated
``For Official Use Only;''
[[Page 31795]]
(G) Make determinations under 48 CFR 14.406-3(a) through (d),
relating to mistakes in bids alleged after opening of bids and before
award; and
(H) Make information returns to the Internal Revenue Service as
prescribed by 26 U.S.C. 6050M and by 26 CFR 1.6050M-1 and such other
Treasury regulations, guidelines or procedures as may be issued by the
Internal Revenue Service in accordance with 26 U.S.C. 6050M. This
includes executing such verifications or certifications as may be
required by 26 CFR 1.6050M-1, and making the election by 26 CFR
1.6050M-1(d)(5)(i).
(iv) Exercise full Departmentwide contracting and procurement
authority for automatic data processing and data transmission
equipment, software, services, maintenance, and related supplies. This
includes the promulgation of Department directives regulating the
management or related contracting and procurement functions.
(v) Provide staff assistance for the Secretary, general officers
and other Department and agency officials.
(vi) Represent the Department in contacts with the General Services
Administration, the Office of Management and Budget, and other
organizations or agencies on matters related to assigned
responsibilities.
(vii) Serve as the Acquisition Executive in USDA to integrate and
unify the management process for the Department's major system
acquisitions and to monitor implementation of the policies and
practices set forth in OMB Circular A-109, Major Systems Acquisitions.
This delegation includes the authority to:
(A) Insure that OMB Circular A-109 is effectively implemented in
the Department and that the management objectives of the Circular are
realized;
(B) Review the program management of each major system acquisition;
(C) Designate the program manager for each major system
acquisition; and
(D) Designate any Departmental acquisition as a major system
acquisition under OMB Circular A-109.
(viii) Pursuant to Executive Order 12352, 3 CFR, 1982 Comp., p.
137, and sections 16, 20(b), and 21 of the Office of Federal
Procurement Policy Act, as amended, 41 U.S.C. 414, 418(b) and 418,
designate a Senior Procurement Executive for the Department and
delegate responsibility for the following:
(A) Prescribing and publishing Departmental procurement policies,
regulations, and procedures;
(B) Taking any necessary actions consistent with policies,
regulations, and procedures with respect to purchases, contracts,
leases, and other transactions;
(C) Designating contracting officers;
(D) Establishing clear lines of contracting authority;
(E) Evaluating and monitoring the performance of the Department's
procurement system;
(F) Managing and enhancing career development of the procurement
work force;
(G) Participating in the development of Government-wide procurement
policies, regulations, and standards and determining specific areas
where Government-wide performance standards should be established and
applied;
(H) Determining areas of Department-unique standards and developing
unique Department-wide standards;
(I) Certifying to the Secretary that the procurement system meets
approved standards;
(J) Prescribing standards for agency Procurement Executives and
designating agency Procurement Executives when these standards are met;
(K) Redelegating, as appropriate, the authority in paragraph
(a)(3)(viii)(A) of this section to USDA agency Procurement Executives
or other qualified agency officials with no power of further
redelegation; and
(L) Redelegating the authorities in paragraphs (a)(3)(viii)(B),
(C), (D), (F) and (G) of this section to USDA agency Procurement
Executives or other qualified agency officials with the power of
further redelegation.
(ix) Promulgate Departmental policies, standards, techniques, and
procedures and represent the Department in maintaining the security of
physical facilities, self-protection, and warden services.
(x) Review and approve exemptions for Department of Agriculture
contracts, subcontracts, grants, subgrants, agreements, subagreements,
loans and subloans from the requirements of the Clean Air Act, as
amended (42 U.S.C. 7401, et seq.), the Federal Water Pollution Control
Act, as amended (33 U.S.C. 1251, et seq.), and Executive Order 11738, 3
CFR, 1971-1975 Comp., p. 799, when he or she determines that the
paramount interest of the United States so requires as provided in the
above acts and Executive Order and the regulations of the Environmental
Protection Act (40 CFR 15.5(c)).
(4) Related to management services. (i) Provide management support
services for the Secretary of Agriculture and for the general officers
of the Department, except the Inspector General. As used herein, such
management support services shall include:
(A) Personnel services, as listed in paragraph (a)(5)(x) of this
section, and organizational support services, with authority to take
actions required by law or regulation to perform such services;
(B) Procurement, property management, space management,
communications (telephone), messenger, and related services with
authority to take actions required by law or regulation to perform such
services; and
(C) Automation, forms management, files management, and directives
management with authority to take actions required by law or regulation
to perform such services.
(ii) Provide such of the above services listed in paragraph
(a)(4)(i) of this section, as may be agreed, for other officers and
agencies of the Department.
(5) Related to personnel. (i) Formulate and issue Department
policy, standards, rules, and regulations relating to personnel.
(ii) Provide personnel management procedural guidance and
operational instructions.
(iii) Design and establish personnel data systems.
(iv) Inspect and evaluate personnel management operations and issue
instructions or take direct action to insure conformity with
appropriate laws, Executive orders, Office of Personnel Management
rules and regulations, and other appropriate rules and regulations.
(v) Exercise final authority in all personnel matters, including
individual cases, that involve the jurisdiction of more than one
General Officer.
(vi) Receive, review, and recommend action on all requests for the
Secretary's approval in personnel matters.
(vii) Represent the Department in personnel matters in all contacts
outside the Department.
(viii) Exercise specific authorities in the following operational
matters:
(A) Authorize cash awards above $2,500;
(B) Waive repayment of training expenses where employee fails to
fulfill service agreement;
(C) Establish or change standards and plans for awards to private
citizens; and
(D) Execute, change, extend, or renew:
(1) Labor-Management Agreements; and
(2) Association of Management Officials or Supervisor's Agreements.
(E) Represent any part of the Department in all contacts and
proceedings with the National Offices of Labor Organizations;
(F) Change a position (with no material change in duties) from GS
to a
[[Page 31796]]
pay system other than a wage system, or vice versa;
(G) Grant restoration rights, and release employees with
administrative reemployment rights;
(H) Change working hours for groups of 50 or more employees in the
Washington, D.C., metropolitan area;
(I) Authorize any mass dismissals of employees in the Washington,
D.C., metropolitan area;
(J) Approve ``normal line of promotion'' cases in the excepted
service where not in accordance with time-in-grade criteria;
(K) Make final decisions on adverse action and performance rating
appeals in all cases where the Deciding Official:
(1) Was involved directly in the adverse action, or performance
rating appeal; or
(2) Made the informal decision; or
(3) Determines that the Examiner's findings or Committee's
recommendations are unacceptable.
(L) Make the final decision on all classification appeals from
agency appellate decisions;
(M) Authorize all employment actions (except nondisciplinary
separations and LWOP) and classification actions for senior level and
equivalent positions including Senior Executive Service positions and
special authority professional and scientific positions responsible for
carrying out research and development functions;
(N) Authorize all employment actions (except LWOP) for the
following positions:
(1) Schedule C; and
(2) Administrative law judge.
(O) Authorize employment actions (accessions or extensions) for the
following:
(1) Employees whose records are flagged; and
(2) Contract services.
(P) Authorize employment actions (accessions or extensions and
transfers) for the following:
(1) Persons with criminal or immoral records;
(2) Persons separated for misconduct, delinquency, or resignation,
to avoid such action; and
(3) Veterans with dishonorable or other than dishonorable
discharge.
(Q) Authorize adverse actions for positions in GS-14-15 and
equivalent;
(R) Approve assignments of White House details;
(S) Authorize adverse actions based in whole or in part on an
allegation of violation of 5 U.S.C. chapter 73, subchapter III, for
employees in the excepted service;
(T) Authorize long-term training in programs which require
Department-wide competition;
(U) Issue all Coordinated Federal Wage System (CFWS) Department-
wide Wage Schedules, and Lithographic Wage Schedules in the Washington,
D.C. metropolitan area; and
(V) Initiate and take adverse action in cases involving a violation
of the merit system.
(ix) [Reserved]
(x) As used herein, the term personnel includes:
(A) Position management;
(B) Position classification;
(C) Employment;
(D) Pay administration;
(E) Automation of personnel data and systems design;
(F) Hours of duty;
(G) Performance evaluation and standards;
(H) Promotions;
(I) Employee development;
(J) Incentive Programs;
(K) Leave;
(L) Retirement;
(M) Program evaluation;
(N) Social security;
(O) Life insurance;
(P) Health benefits;
(Q) Unemployment compensation;
(R) Labor management relations;
(S) Intramanagement consultation;
(T) Security;
(U) Discipline; and
(V) Appeals.
(xi) The provisions of paragraphs (a)(5)(x)(N)-(R) of this section
shall not apply for positions in, or applicants for positions in, the
Office of Inspector General.
(xii) Maintain, review and update departmental delegations of
authority.
(xiii) Authorize organizational changes which occur in:
(A) Departmental organizations:
(1) Service or office;
(2) Division (or comparable component); and
(3) Branch (or comparable component in departmental centers, only).
(B) Field organizations:
(1) First organizational level; and
(2) Next lower organizational level--required only for those types
of field installations where the establishment, change in location, or
abolition of same, requires approval in accordance with Departmental
Regulation 1010-1.
(xiv) Formulate and promulgate departmental organizational
objectives and policies.
(xv) Approve coverage of individual law enforcement and firefighter
positions under the special retirement provisions of the Civil Service
Retirement System and the Federal Employees Retirement System.
(xvi) Establish Departmentwide safety and health policy and provide
leadership in the development, coordination, and implementation of
related standards, techniques, and procedures, and represent the
Department in complying with laws, Executive orders and other policy
and procedural issuances related to occupational safety and health
within the Department.
(xvii) Represent the Department in all rulemaking, advisory or
legislative capacities on any groups, committees, or Governmentwide
activities that affect the USDA Occupational Safety and Health
Management Program.
(xviii) Determine and/or provide Departmentwide technical services
and regional staff support for the Safety and Health Programs.
(xix) Administer the computerized management information systems
for the collection, processing and dissemination of data related to the
Department's Occupational Safety and Health Programs.
(xx) Administer the administrative appeals process related to the
inclusion of positions in the Testing Designated Position listing in
the USDA Drug-Free Workplace Program and designate the final appeal
officer for that Program.
(xxi) Administer the Department's Occupational Health and
Preventive Medical Program, as well as design and operate employee
assistance and workers' compensation activities.
(xxii) Provide education and training on a Departmentwide basis for
safety and health related issues and develop resource and operational
manuals.
(xxiii) Approve hazard pay differentials under the conditions
specified in 5 CFR part 550.
(6) Related to information resources management. (i) Designated as
the senior official to carry out the responsibilities of the Department
under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-3520). This
designation includes the following responsibilities:
(A) Ensuring that the information policies, principles, standards,
guidelines, rules and regulations prescribed by the Office of
Management and Budget are appropriately implemented within the
Department;
(B) Developing Department information policies and procedures and
overseeing, auditing and otherwise periodically reviewing the
Department's information resources management activities;
(C) Reviewing proposed Department reporting and recordkeeping
requirements including those contained in rules and regulations, to
ensure that they impose the minimum burden upon the public and have
practical utility for the Department;
[[Page 31797]]
(D) Developing and implementing procedures for assessing the burden
to the public and costs to the Department of information requirements
contained in proposed legislation affecting Department programs;
(E) Conducting and being accountable for acquisitions made by the
Department pursuant to authority delegated under section 111 of the
Federal Property and Administrative Services Act of 1949, as amended
(40 U.S.C. 759);
(F) Assisting the Office of Management and Budget in the
performance of its functions assigned under the Paperwork Reduction Act
of 1980 (44 U.S.C. 3501-3520), including the review of Department
information activities; and
(G) Reviewing, granting, and notifying Congress of waivers to
Federal Information Processing Standards pursuant to the authority
delegated under section 111(d)(3) of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C. 759(d)(3)).
(ii) Develop and implement an information resources management
planning system which will integrate short-term and long-term
objectives and coordinate agency and staff office initiatives in
support of the objectives.
(iii) Provide Departmentwide guidance and direction in planning,
developing, documenting, and managing applications software projects in
accordance with Federal and Department information processing
standards, procedures, and guidelines.
(iv) Provide Departmentwide guidance and direction in all aspects
of the USDA Information Management Program including feasibility
studies; economic analyses; systems design; acquisition of equipment,
software, services, and timesharing arrangements; systems installation;
systems performance and capacity evaluation; and security. Monitor
these activities for agencies' major systems development efforts to
assure effective and economic use of resources and compatibility among
systems of various agencies when required.
(v) Manage the Departmental Computer Centers, including setting of
rates to recover the cost of goods and services within approved policy
and funding levels.
(vi) Review and evaluate information resource management activities
related to delegated functions to assure that they conform to all
applicable Federal and Department information resource management
policies, plans, standards, procedures, and guidelines.
(vii) Design, develop, implement, and revise systems, processes,
work methods, and techniques to improve the management and operational
effectiveness of information resources.
(viii) Administer the Departmental records, forms, reports, and
Directives Management Programs.
(ix) Manage all aspects of the USDA Telecommunications Program
including planning, development, acquisition, and use of equipment and
systems for voice and data communications, excluding the actual
procurement of data transmission equipment, software, maintenance, and
related supplies. Manage Departmental telecommunications contracts.
Provide technical advice throughout the Department on
telecommunications matters.
(x) Implement a program for applying information resources
management technology to improve productivity in the Department.
(xi) Provide leadership to integrate and unify the management
process for the Department's major information resource management
system acquisitions and to monitor implementation of the policies and
practices set forth in applicable OMB Circulars.
(xii) Provide Departmental services related to Departmental
administrative regulations, Secretarial issuances, and related
management support.
(xiii) Plan, develop, install, and operate computer-based systems
for message exchange, scheduling, computer conferencing, and other
applications of office automation technology which can be commonly used
by multiple Department agencies and offices.
(xiv) Represent the Department in contacts with the General
Accounting Office, the General Services Administration, the Office of
Management and Budget, the National Bureau of Standards, and other
organizations or agencies on matters related to delegated
responsibilities.
(xv) Review, clear, and coordinate all statistical forms, survey
plans, and reporting and record keeping requirements originating in the
Department and requiring approval by the Office of Management and
Budget under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-3520).
(7) Related to committee management. (i) Serve as the Department's
Committee Management Officer and establish and maintain departmentwide
policies and procedures for the management of committees. This
delegation includes the authority to:
(A) Consult with the Committee Management Secretariat prior to the
establishment or reestablishment of advisory committees;
(B) Approve and sign the written certification that creation of the
advisory committee is in the public interest and provide for the
publication of such certification in the Federal Register, along with a
description of the nature and purpose of the advisory committee,
following the Committee Management Secretariat's approval of the
establishment of the committee;
(C) Approve and sign the notice of renewal of advisory committees
for publication in the Federal Register, following the Committee
Management Secretariat's concurrence in the renewal of the committees;
(D) Assign responsibility for preparation of timely notice of
meetings for publication in the Federal Register; and
(E) Approve charters for national advisory committees when in a
format other than a Secretary's Memorandum.
(ii) Establish and reestablish regional, State, and local advisory
committees for activities authorized. This authority may not be
redelegated.
(8) Related to equal opportunity. (i) Provide overall leadership,
coordination, and direction for the Department's programs of civil
rights, including program delivery compliance and equal employment
opportunity, with emphasis on the following:
(A) Actions to enforce title VI of the Civil Rights Act of 1964, 42
U.S.C. 2000d, prohibiting discrimination in Federally assisted
programs;
(B) Actions to enforce title VII of the Civil Rights Act of 1964,
as amended, 42 U.S.C. 2000e, prohibiting discrimination in Federal
employment;
(C) Actions to enforce title IX of the Education Amendments of
1972, 20 U.S.C. 1681, et seq., prohibiting discrimination on the basis
of sex in USDA education programs and activities funded by the
Department;
(D) Actions to enforce section 504 of the Rehabilitation Act of
1973, as amended, 29 U.S.C. 794, prohibiting discrimination on the
basis of handicap in USDA programs and activities funded by the
Department;
(E) Actions to enforce the Age Discrimination Act of 1975, 42
U.S.C. 6102, prohibiting discrimination on the basis of age in USDA
programs and activities funded by the Department;
(F) Actions to enforce related Executive orders, Congressional
mandates, and other laws, rules, and regulations, as appropriate;
(G) Actions to develop and implement the Department's Federal
Women's Program; and
[[Page 31798]]
(H) Actions to develop and implement the Department's Hispanic
Employment Program.
(ii) Evaluate Departmental agency programs, activities, and impact
statements for civil rights concerns.
(iii) Provide leadership and coordinate USDA agency and Department
systems for targeting, collecting, analyzing, and evaluating program
participation data and equal employment opportunity data.
(iv) Provide leadership and coordinate Departmentwide programs of
public notification regarding the availability of USDA programs on a
nondiscriminatory basis.
(v) Serve as the focal point through which all contacts with the
Department of Justice are made involving matters relating to title VI
of the Civil Rights Act of 1964 (42 U.S.C. 2000d), title IX of the
Education Amendments of 1972 (20 U.S.C. 1681, et seq.), and section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), except
those matters in litigation, including administrative enforcement
actions, which shall be coordinated by the Office of the General
Counsel.
(vi) Serve as the focal point through which all contacts with the
Department of Health and Human Services are made involving matters
relating to the Age Discrimination Act of 1975, 42 U.S.C. 6102, except
those matters in litigation, including administrative enforcement
action, which shall be coordinated by the Office of the General
Counsel.
(vii) Order proceedings and hearings in the USDA pursuant to
Secs. 15.9(e) and 15.86 of this title which concern consolidated or
joint hearings within the Department and/or with other Federal
departments and agencies.
(viii) Order proceedings and hearings in the USDA pursuant to
Sec. 15.8(c) of this title after the program agency has advised the
applicant or recipient of his or her failure to comply and has
determined that compliance cannot be secured by voluntary means.
(ix) Issue orders to give a notice of hearing or the opportunity to
request a hearing pursuant to part 15 of this title; arrange for the
designation of an Administrative Law Judge to preside over any such
hearing; and determine whether the Administrative Law Judge so
designated will make an initial decision or certify the record to the
Secretary of Agriculture with his or her recommended findings and
proposed action.
(x) Authorize the taking of action pursuant to Sec. 15.8(a) of this
title relating to compliance by ``other means authorized by law.''
(xi) Make determinations required by Sec. 15.8(d) of this title
that compliance cannot be secured by voluntary means, and then take
action, as appropriate.
(xii) Make determinations that program complaint investigations
performed under Sec. 15.6 of this title establish a proper basis for
findings of discrimination, and that actions taken to correct such
findings are adequate; and perform investigations and make
determinations, on both the merits and required corrective action, as
to complaints filed under subpart B of part 15 of this title.
(xiii) Conduct investigations and compliance reviews
Departmentwide.
(xiv) Develop regulations, plans, and procedures necessary to carry
out the Department's civil rights programs, including the development,
implementation, and coordination of Action Plans.
(xv) Provide liaison on Equal Employment Opportunity Programs and
activities with the Equal Employment Opportunity Commission, the Office
of Personnel Management, USDA agencies, Department employees, and
applicants for positions within the Department.
(xvi) Monitor, evaluate, and report on agency compliance with
established policy and executive orders which further the participation
of historically black colleges and universities and with other colleges
and universities with substantial minority group enrollment in
Departmental programs and activities.
(xvii) Is designated as the Department's Director of Equal
Employment Opportunity with authority to perform the functions and
responsibilities of that position under 29 CFR part 1613, including the
authority to make changes in programs and procedures designed to
eliminate discriminatory practices and improve the Department's program
for Equal Employment Opportunity, and the authority to make decisions
on complaints of discrimination and order such corrective measures as
may be considered necessary, including the recommendation for such
disciplinary action as is warranted when an employee has been found to
have engaged in a discriminatory practice.
(xviii) Administer the Department's Equal Employment Opportunity
Program.
(xix) Perform the EEO counseling function for the Department.
(xx) Process formal EEO discrimination complaints, up to the
appellate stage, by employees or applicants for employment.
(xxi) Administer the discrimination appeals and complaints program
for the Department, including all formal individual or group appeals,
where the system provides for an avenue of redress to the Department
level, Equal Employment Opportunity Commission, Office of Personnel
Management or other outside authority.
(xxii) Provide liaison on EEO matters concerning complaints and
appeals with the USDA agencies and Department employees.
(xxiii) Maintain liaison with historically black colleges and
universities and with other colleges and universities with substantial
minority group enrollment, and assist USDA agencies in strengthening
such institutions by facilitating institutional participation in USDA
programs and activities and by encouraging minority students to pursue
curricula that could lead to careers in the food and agricultural
sciences.
(xxiv) Investigate USDA EEO complaints with authority to enter into
and administer contracts for such investigations.
(xxv) Make final decisions on complaints and grievance appeals,
except in those cases where the Assistant Secretary for Administration
has participated, when it is determined that such complaint or
grievance appeals are not being decided in a timely manner.
(xxvi) Make final decisions on formal grievance appeals in all
cases where the Deciding Official:
(A) Was involved directly in the grievance; or
(B) Made the informal decision; or
(C) Determines that the Examiner's findings or Committee's
recommendations is unacceptable.
(xxvii) The provisions of paragraphs (a)(8) (xxv) and (xxvi) of
this section shall not apply for positions in, or applicants for
positions in, the Office of Inspector General.
(9) Related to defense. Provide internal administrative management
and support services for the defense program of the Department.
(10) Related to board of contract appeals. Provide administrative
supervision, and exercise general responsibility for budget and finance
aspects of the Board of Contract Appeals. No review by the Assistant
Secretary for Administration of the merits of appeals or of decisions
of the Board is authorized and the Board shall be the representative of
the Secretary in such matters.
(11) Related to environmental response. With respect to land and
facilities under his or her authority, exercise the functions delegated
to the Secretary by Executive Order 12580, 3
[[Page 31799]]
CFR, 1987 Comp., p. 193, under the following provisions of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (``the Act''), as amended:
(i) Sections 104 (a), (b), and (c)(4) of the Act (42 U.S.C. 9604
(a), (b), and (c)(4)), with respect to removal and remedial actions in
the event of release or threatened release of a hazardous substance,
pollutant, or contaminant into the environment;
(ii) Sections 104 (e)-(h) of the Act (42 U.S.C. 9604 (e)-(h)), with
respect to information gathering and access requests and orders;
compliance with Federal health and safety standards and wage and labor
standards applicable to covered work; and emergency procurement powers;
(iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with
respect to the reduction of exposure to significant risk to human
health;
(iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to
the acquisition of real property and interests in real property
required to conduct a remedial action;
(v) The first two sentences of section 105(d) of the Act (42 U.S.C.
9605(d)), with respect to petitions for preliminary assessment of a
release or threatened release;
(vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to
consideration of the availability of qualified minority firms in
awarding contracts, but excluding that portion of section 105(f)
pertaining to the annual report to Congress;
(vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the
assessment of civil penalties for violations of section 122 of the Act
(42 U.S.C. 9622), and the granting of awards to individuals providing
information;
(viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect
to the designation of officials who may obligate money in the Hazardous
Substances Superfund;
(ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to
establishing an administrative record upon which to base the selection
of a response action and identifying and notifying potentially
responsible parties;
(x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to
preliminary assessment and site inspection of facilities;
(xi) Sections 117 (a) and (c) of the Act (42 U.S.C. 9617 (a) and
(c)), with respect to public participation in the preparation of any
plan for remedial action and explanation of variances from the final
remedial action plan for any remedial action or enforcement action,
including any settlement or consent decree entered into;
(xii) Section 119 of the Act (42 U.S.C. 9119), with respect to
indemnifying response action contractors;
(xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to
cleanup standards; and
(xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C.
9622(b)(1)), related to mixed funding agreements.
(12) Related to compliance with environmental laws. With respect to
facilities and activities under his or her authority, to exercise the
authority of the Secretary of Agriculture pursuant to section 1-102
related to compliance with applicable pollution control standards and
section 1-601 of Executive Order 12088, 3 CFR, 1978 Comp., p. 243, to
enter into an inter-agency agreement with the United States
Environmental Protection Agency, or an administrative consent order or
a consent judgment in an appropriate State, interstate, or local
agency, containing a plan and schedule to achieve and maintain
compliance with applicable pollution control standards established
pursuant to the following:
(i) Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act, as further amended by the Hazardous and
Solid Waste Amendments, and the Federal Facility Compliance Act (42
U.S.C. 6901, et seq.);
(ii) Federal Water Pollution Prevention and Control Act, as amended
(33 U.S.C. 1251, et seq.);
(iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f, et
seq.);
(iv) Clean Air Act, as amended (42 U.S.C. 7401, et seq.);
(v) Noise Control Act of 1972, as amended (42 U.S.C. 4901, et
seq.);
(vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601, et
seq.);
(vii) Federal Insecticide, Fungicide, and Rodenticide Act, as
amended (7 U.S.C. 136, et seq.); and
(viii) Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended by the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. 9601, et seq.).
(13) Related to emergency programs. (i) Coordinate the Department's
Emergency Preparedness Program and Disaster Emergency Response Program
including maintenance of an appropriate system whereby the Department
can react immediately when notified of a civil defense or natural
disaster emergency.
(ii) Maintain an overview of emergency relocation facilities and
assure that resources are in a constant state of readiness.
(iii) Direct the entire defense program of USDA. This delegation
includes:
(A) Maintaining liaison with executive departments and the Congress
with respect to policy matters;
(B) Supervising and directing USDA regional emergency stalls and
USDA State and county emergency boards;
(C) Directing the USDA part of the National Defense Executive
Reserve Program;
(D) Providing policy guidance to USDA agencies in carrying out
specific defense assignments; and
(E) Representing the Department in matters relating to
international defense organizations, such as NATO and its
suborganizations.
(iv) Coordinate and facilitate USDA operations of Natural Disaster
Programs, including liaison with executive departments and the Congress
in disaster matters.
(v) Maintain liaison with:
(A) Federal Preparedness Agency; and
(B) Defense Civil Preparedness Agency.
(b) The following authorities are reserved to the Secretary of
Agriculture:
(1) Related to personnel. Make final determinations in the
following areas:
(i) Separation of employees for security reasons.
(ii) Restoration to duty of employees following suspension from
duty for security reasons.
(iii) Reinstatement or restoration to duty or the employment of any
person separated for security reasons.
(iv) Issuance of temporary certificates to occupy sensitive
positions.
Subpart D--Delegations of Authority to Other General Officers and
Agency Heads
Sec. 2.26 Director, Office of the Executive Secretariat.
The following delegation of authority is made by the Secretary of
Agriculture to the Director, Office of the Executive Secretariat:
Responsible for all correspondence control and related records
management functions for the Office of the Secretary.
Sec. 2.27 Office of Administrative Law Judges.
(a) The following designations are made by the Secretary of
Agriculture to the Office of Administrative Law Judges:
(1) Administrative law judges (formerly hearing examiners) are
designated pursuant to 5 U.S.C. 556(b)(3) to hold hearings and perform
[[Page 31800]]
related duties in proceedings subject to 5 U.S.C. 556 and 557, arising
under the Agricultural Marketing Agreement Act of 1937, as amended (7
U.S.C. 601, et seq.); the Commodity Exchange Act as amended (7 U.S.C.
1, et seq.); the Perishable Agricultural Commodities Act, as amended (7
U.S.C. 499a, et seq.); the Federal Seed Act, as amended (7 U.S.C. 1551,
et seq.); the (Laboratory) Animal Welfare Act, as amended (7 U.S.C.
2131, et seq.); the Packers and Stockyards Act, 1921, as amended and
supplemented (7 U.S.C. 181, et seq.); the Forest Resources Conservation
and Shortage Relief of 1990 (16 U.S.C. 630, et seq.); and any other
acts providing for hearings to which the provisions of 5 U.S.C. 556 and
557, are applicable. Pursuant to the applicable rules of practice, the
administrative law judges shall make initial decisions in adjudication
and rate proceedings subject to 5 U.S.C. 556 and 557. Such decisions
shall become final without further proceedings unless there is an
appeal to the Secretary by a party to the proceeding in accordance with
the applicable rules of practice: Provided, however, that no decision
shall be final for purposes of judicial review except a final decision
of the Secretary upon appeal. As used herein, ``Secretary'' means the
Secretary of Agriculture, the Judicial Officer, or other officer or
employee of the Department delegated, pursuant to the Act of April 4,
1940 (7 U.S.C. 450c-450g), and Reorganization Plan No. 2 of 1953 (5
U.S.C. App.), ``regulatory functions'' as that term is defined in the
1940 Act, in acting as final deciding officer in adjudication and rate
proceedings subject to 5 U.S.C. 556 and 557. Administrative Law Judges
are delegated authority to hold hearings and perform related duties as
provided in the Rules of Practice Governing Cease and Desist
Proceedings Under Section 2 of the Capper-Volstead Act, set forth in
part 1, subpart I of this title.
(b) The Chief Administrative Law Judge is delegated the following
administrative responsibilities subject to the guidance and control of
the Assistant Secretary for Administration (See Sec. 2.24(a)):
(1) Exercise general responsibility and authority for all matters
related to the administrative activities of the Office of
Administrative Law Judges; and
(2) Direct the functions of the Hearing Clerk as set out in
Sec. 2.24(a)(1)(iii).
Sec. 2.28 Chief Financial Officer.
(a) The Chief Financial Officer, under the supervision of the
Secretary, is responsible for executing the duties enumerated for
agency Chief Financial Officers in the Chief Financial Officers Act of
1990, Public Law No. 101-576, 31 U.S.C. 902, including:
(1) Reporting directly to the Secretary of Agriculture regarding
financial management matters and the financial execution of the budget.
(2) Overseeing all financial management activities relating to the
programs and operations of the Department and component agencies.
(3) Developing and maintaining an integrated accounting and
financial system for the Department and component agencies, including
financial reporting and internal controls, which--
(i) Complies with applicable accounting principles, standards, and
requirements, and internal control standards;
(ii) Complies with such policies and requirements as may be
prescribed by the Director of the Office of Management and Budget;
(iii) Complies with any other requirements applicable to such
systems; and
(iv) Provides for complete, reliable, consistent, and timely
information which is prepared on a uniform basis and which is
responsive to the financial information needs of Department management
and for the development and reporting of cost information, the
integration of accounting and budgeting information, and the systematic
measurement of performance.
(4) Making recommendations to the Secretary regarding the selection
of the Deputy Chief Financial Officer of the Department, and selection
of principal financial officers of component agencies of the
Department.
(5) Directing, managing, and providing policy guidance and
oversight of Department financial management personnel, activities, and
operations, including:
(i) Preparing and annually revising a Departmental plan to:
(A) Implement the 5-year financial management plan prepared by the
Director of the Office of Management and Budget under 31 U.S.C.
3512(a)(3); and
(B) Comply with the requirements established for agency financial
statements under 31 U.S.C. 3515 and with the requirements for audits of
Department financial statements established in subsections (e) and (f)
of section 31 U.S.C. 3521(e) and (f).
(ii) Developing Departmental financial management budgets,
including the oversight and recommendation of approval of component
agency financial management budgets;
(iii) Recruiting, selecting, and training of personnel to carry out
Departmental financial management functions;
(iv) Approving and managing Departmental, and approving component
agency, financial management systems design or enhancement projects;
and
(v) Implementing and approving Departmental, and approving
component agency, asset management systems, including systems for cash
management, credit management, debt collection, and property and
inventory management and control.
(6) Preparing and transmitting, by not later than 60 days after the
submission of the audit report required by 31 U.S.C. 3521(f), an annual
report to the Secretary and the Director of the Office of Management
and Budget, which shall include:
(i) A description and analysis of the status of financial
management of the Department;
(ii) The annual financial statements prepared under 31 U.S.C. 3521;
(iii) The audit report transmitted to the Secretary under 31 U.S.C.
3521;
(iv) A summary of the reports on internal accounting and
administrative control systems submitted to the President and the
Congress under the amendments made by the Federal Managers' Financial
Integrity Act of 1982 (31 U.S.C. 1113, 3512); and
(v) Other information the Secretary considers appropriate to inform
fully the President and the Congress concerning the financial
management of the Department.
(7) Monitoring the financial execution of the budget of the
Department in relation to projected and actual expenditures, and
preparing and submitting to the Secretary timely performance reports.
(8) Reviewing, on a biennial basis, the fees, royalties, rent, and
other charges imposed by the Department for services and things of
value it produces, and making recommendations on revising those charges
to reflect costs incurred by the Department in providing those services
and things of value.
(9) Accessing all records, reports, audits, reviews, documents,
papers, recommendations, or other material that are the property of the
Department or that are available to the Department, and that relate to
programs and operations with respect to which the Chief Financial
Officer has responsibilities, except that this grant allows no access
greater than that permitted under any other law to records, reports,
audits, reviews, documents, papers, recommendations, or other material
of the Office of Inspector General.
(10) Requesting such information or assistance as may be necessary
for carrying out the duties and
[[Page 31801]]
responsibilities granted the Chief Financial Officer by the Chief
Financial Officers Act of 1990 (Pub. L. No. 101-576), from any Federal,
State, or local governmental entity.
(11) To the extent and in such amounts as may be provided in
advance by appropriations acts, entering into contracts and other
arrangements with public agencies and with private persons for the
preparation of financial statements, studies, analyses, and other
services, and making such payments as may be necessary to carry out the
duties and prerogatives of the Chief Financial Officer.
(b) In addition to the above responsibilities, the following
delegations of authority are made by the Secretary of Agriculture to
the Chief Financial Officer:
(1) Designate the Department's Director of Finance and Comptroller
of the Department Working Capital Fund.
(2) Establish Departmental policies, standards, techniques, and
procedures applicable to all USDA agencies for the following areas:
(i) Development, maintenance, review and approval of all
departmental, and review and approval of component agency, internal
control, fiscal, financial management and accounting systems including
the financial aspects of payroll and property systems;
(ii) Selection, standardization, and simplification of program
delivery processes utilizing grants, cooperative agreements and other
forms of Federal assistance;
(iii) Review and approval of Federal assistance, internal control,
fiscal, accounting and financial management regulations and
instructions proposed or issued by USDA agencies for conformity with
Departmental requirements; and
(iv) Section 5301 of the Anti-Drug Abuse Act of 1988 (21 U.S.C.
853a) as it relates to grants, loans, and licenses.
(3) Establish policies related to the Department Working Capital
Fund.
(4) Approve regulations, procedures and rates for goods and
services financed through the Department Working Capital Fund which
will impact the financial administration of the Fund.
(5) Exercise responsibility and authority for operating USDA's
Central Accounting System and related administrative systems including:
(i) Management of the National Finance Center (NFC), which includes
developing, maintaining, and operating manual and automated
administrative and accounting systems for the USDA agencies related to
the Central Accounting System, Departmentwide payroll and personnel
information, statistics, administrative payments, billings and
collections, and related reporting systems that are either requested by
the agencies or required by the Department;
(ii) Management of the NFC automated data processing and
telecommunications systems and coordination with the Office of
Information Resources Management to assure that the hardware and
software located at the NFC will be integrated with and compatible with
all other systems;
(iii) Develop new or modified accounting systems and documentation
supporting the Central Accounting System which includes working with
USDA agencies to obtain General Accounting Office approval; and
(iv) Review and approve the issuance of accounting and management
instructions related to the operation of the NFC.
(6) Provide management support services for the NFC, and by
agreement with agency heads concerned, provide such services for other
USDA tenants housed in the same facility. As used herein, such
management support services shall include:
(i) Personnel services, as listed in Sec. 2.24(a)(5)(x), and
organizational support services, with authority to take actions
required by law or regulation to perform such services; and
(ii) Procurement, property management, space management,
communications, messenger, paperwork management, and related
administrative services, with authority to take actions required by law
or regulation to perform such services.
(7) Exercise responsibility and authority for all matters related
to the Department's accounting and financial operations including such
activities as:
(i) Financial administration, including accounting and related
activities;
(ii) Reviewing financial aspects of agency operations and
proposals;
(iii) Furnishing consulting services to agencies to assist them in
developing and maintaining accounting and financial management systems
and internal controls, and for other purposes consistent with
delegations in paragraph (b)(2) of this section;
(iv) Reviewing and monitoring agency implementation of Federal
assistance policies;
(v) Reviewing and approving agencies' accounting systems
documentation including related development plans, activities, and
controls;
(vi) Monitoring agencies' progress in developing and revising
accounting and financial management systems and internal controls;
(vii) Evaluating agencies' financial systems to determine the
effectiveness of procedures employed, compliance with regulations, and
the appropriateness of policies and practices;
(viii) Promulgation of Department schedule of fees and charges for
reproductions, furnishing of copies and making searches for official
records pursuant to the Freedom of Information Act, 5 U.S.C. 552; and
(ix) Monitoring USDA implementation of section 5301 of the Anti-
Drug Abuse Act of 1988 (21 U.S.C. 853a) as it relates to grants, loans,
and licenses.
(8) Establish Department and approve component agency programs,
policies, standards, systems, techniques and procedures to improve the
management and operational efficiency and effectiveness of the USDA
including:
(i) Implementation of the policies and procedures set forth in OMB
Circulars No. A-76: Performance of Commercial Activities, and No. A-
117: Management Improvement and the Use of Evaluation in the Executive
Branch;
(ii) Increased use of operations research and management science in
the areas of productivity and management; and
(iii) All activities financed through the Department Working
Capital Fund.
(9) Designate the Commercial Industrial Officer for USDA.
(10) Develop Departmental policies, standards, techniques, and
procedures for the conduct of reviews and analysis of the utilization
of the resources of State and local governments, other Federal agencies
and of the private sector in domestic program operations.
(11) Represent the Department in contacts with the Office of
Management and Budget, General Services Administration, General
Accounting Office, Department of the Treasury, Office of Personnel
Management, Department of Health and Human Services, Department of
Labor, Environmental Protection Agency, Department of Commerce,
Congress of the United States, State and local governments,
universities, and other public and private sector individuals,
organizations or agencies on matters related to assigned
responsibilities.
(12) Maintain the Departmental inventory of commercial activities
required by OMB Circular No. A-76 and provide Departmentwide technical
assistance to accomplish Circular objectives.
(13) Establish policies related to travel by USDA employees.
[[Page 31802]]
(14) Exercise responsibility for coordinating and overseeing the
implementation of the Government Performance and Results Act of 1993,
Pub. L. No. 103-62, at the Department.
(15) Exercise responsibility for design, implementation, and
oversight of the Department's project known as Financial Information
Systems Vision, and approval of the design and implementation of an
integrated financial information and management system for the
Department and all component agencies.
Sec. 2.29 Chief Economist.
(a) The following delegations of authority are made by the
Secretary of Agriculture to the Chief Economist:
(1) Related to economic analysis.
(i) Coordinate economic analyses of, and review Department
decisions involving, policies and programs that have substantial
economic implications.
(ii) Review and assess the economic impact of all significant
regulations proposed by any agency of the Department.
(iii) Review economic data and analyses used in speeches and
Congressional testimony by Department personnel and in materials
prepared for release through the press, radio, and television.
(2) Related to risk assessment.
(i) Responsible for assessing the risks to human health, human
safety, or the environment, and for preparing cost-benefit analyses,
with respect to proposed major regulations, and for publishing such
assessments and analyses in the Federal Register as required by section
304 of the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 2204e).
(ii) Provide direction to Department agencies in the appropriate
methods of risk assessment and cost-benefit analyses and coordinate and
review all risk assessments and cost-benefit analyses prepared by any
agency of the Department.
(3) Related to food and agriculture outlook and situation.
(i) Coordinate and review all crop and commodity data used to
develop outlook and situation material within the Department.
(ii) Oversee and clear for consistency analytical assumptions and
results of all estimates and analyses which significantly relate to
international and domestic commodity supply and demand, including such
estimates and analyses prepared for public distribution by the Foreign
Agricultural Service, the Economic Research Service, or by any other
agency or office of the Department.
(4) Related to weather and climate.
(i) Advise the Secretary on climate and weather activities, and
coordinate the development of policy options on weather and climate.
(ii) Coordinate all weather and climate information and monitoring
activities within the Department and provide a focal point in the
Department for weather and climate information and impact assessment.
(iii) Arrange for appropriate representation to attend all
meetings, hearings, and task forces held outside the Department which
require such representation.
(iv) Designate the Executive Secretary of the USDA Weather and
Climate Program Coordinating Committee.
(5) Related to interagency commodity estimates committees.
(i) Establish Interagency Commodity Estimates Committees for
Commodity Credit Corporation price-supported commodities, for major
products thereof, and for commodities where a need for such a committee
has been identified, in order to bring together estimates and
supporting analyses from participating agencies, and to develop
official estimates of supply, utilization, and prices for commodities,
including the effects of new program proposals on acreage, yield,
production, imports, domestic utilization, price, income, support
programs, carryover, exports, and availabilities for export.
(ii) Designate the Chairman, who shall also act as Secretary, for
all Interagency Commodity Estimates Committees.
(iii) Assure that all committee members have the basic assumptions,
background data and other relevant data regarding the overall economy
and market prospects for specific commodities.
(iv) Review for consistency of analytical assumptions and results
all proposed decisions made by Commodity Estimates Committees prior to
any release outside the Department.
(6) Related to remote sensing.
(i) Provide technical assistance, coordination, and guidance to
Department agencies in planning, developing, and carrying out satellite
remote sensing activities to assure full consideration and evaluation
of advanced technology.
(ii) Coordinate administrative, management, and budget information
relating to the Department's remote sensing activities including:
(A) Inter- and intra-agency meetings, correspondence, and records;
(B) Budget and management tracking systems; and
(C) Inter-agency contacts and technology transfer.
(iii) Designate the Executive Secretary for the Remote Sensing
Coordination Committee.
(7) Related to long-range commodity and agricultural-sector
projections. Establish committees of the agencies of the Department to
coordinate the development of a set of analytical assumptions and long-
range agricultural-sector projections (2 years and beyond) based on
commodity projections consistent with these assumptions and coordinated
through the Interagency Commodity Estimates Committees.
(8) Related to agricultural labor affairs. Exercise the following
functions of the Secretary under the Immigration and Nationality Act
(INA), as amended (8 U.S.C. 1101, et seq.):
(i) Pursuant to section 214(c) of INA (8 U.S.C. 1184(c)), provide
consultation to the Attorney General and the Secretary of Labor
concerning the question of the importation of aliens as nonimmigrant
temporary agricultural workers, known as ``H-2A'' workers, under 8
U.S.C. 1101(a)(15)(H)(ii)(a);
(ii) Pursuant to section 218(e) of the INA (8 U.S.C. 1188 note),
provide consultation to the Attorney General and the Secretary of Labor
concerning all regulations to implement 8 U.S.C. 101(a)(15)(H)(ii)(a)
and 1188 providing for the importation of H-2A workers;
(iii) Pursuant to section 210(h) of the INA (8 U.S.C. 1160(h)),
promulgate regulations to define ``seasonal agricultural services'' for
purposes of the Special Agricultural Worker (SAW) Program;
(iv) Pursuant to section 210A(a) of the INA (8 U.S.C. 1161(a)),
determine jointly with the Secretary of Labor the number (if any) of
additional special agricultural workers, known as ``replenishment
agricultural workers'' (RAWs), who should be admitted to the United
States or otherwise acquire the status of aliens lawfully admitted for
temporary residence during fiscal years 1990 through 1993 to meet a
shortage of workers to perform seasonal agricultural services in the
United States during each such fiscal year;
(v) Pursuant to section 210A(a)(7) of the INA (8 U.S.C.
1161(a)(7)), determine jointly with the Secretary of Labor emergency
requests to increase the shortage number;
(vi) Pursuant to section 210A(a)(8) of the INA (8 U.S.C.
1161(a)(8)), determine jointly with the Secretary of Labor requests to
decrease the number of man-days of seasonal agricultural services
required of RAWs to avoid deportation and for naturalization under
section
[[Page 31803]]
210A(d)(5)(A) and (B) of the INA (8 U.S.C. 1161(d)(5)(A) and (B));
(vii) Pursuant to section 210A(b)(1) of the INA (8 U.S.C.
1161(b)(1)), calculate jointly with the Secretary of Labor and annual
numerical limitation on the number of RAWs who may be admitted or
otherwise acquire the status of aliens lawfully admitted for temporary
residence during fiscal years 1990 through 1993 under section
210A(c)(1) of the INA (8 U.S.C. 1161(c)(1)); and
(viii) Pursuant to section 210A(b)(2) of the INA (8 U.S.C.
1161(b)(2)), establish jointly with the Secretary of Labor the
information that must be reported by any person or entity who employs
SAWs or RAWs in seasonal agricultural services during fiscal years 1989
through 1992, and to designate jointly with the Secretary of Labor the
official to whom the person or entity must furnish such certification.
(9) Related to the Capper-Volstead Act. Serve as Chairman of the
Capper-Volstead Act Committee to identify cases of undue price
enhancement by associations of producers and issue complaints requiring
such associations to show cause why an order should not be made
directing them to cease and desist from monopolization or restraint of
trade. The Chairman is authorized to call upon any agency of the
Department for support in carrying the functions of the Committee (7
U.S.C. 292).
(10) Related to committee management. Establish and reestablish
regional, state, and local advisory committees for activities under his
or her authority. This authority may not be redelegated.
Sec. 2.30 Director, Office of Budget and Program Analysis.
(a) The following delegations of authority are made by the
Secretary of Agriculture to the Director, Office of Budget and Program
Analysis:
(1) Serve as the Department's Budget Officer and exercise general
responsibility and authority for all matters related to the
Department's budgeting affairs including:
(i) Resource administration, including all phases of the
acquisition, and distribution of funds and staff years; and
(ii) Legislative and regulatory reporting and related activities.
(2) Provide staff assistance for the Secretary, general officers,
and other Department and agency officials.
(3) Formulate and promulgate Departmental budgetary, legislative
and regulatory policies and procedures.
(4) Represent the Department in contacts with the Office of
Management and Budget, the General Accounting Office, the Treasury
Department, Congressional Committees on Appropriations, and other
organizations and agencies on matters related to his or her
responsibility.
(5) Coordinate and/or conduct policy and program analyses on agency
operations and proposals to assist the Secretary, general officers and
other Department and agency officials in formulating and implementing
USDA policies and programs.
(6) Review and analyze legislation, regulations, and policy options
to determine their impact on USDA programs and policy objectives and on
the Department's budget.
(7) Monitor ongoing studies with significant program or policy
implications.
(b) The following authority is reserved to the Secretary of
Agriculture: Final approval of the Department's program and financial
plans.
Sec. 2.31 General Counsel.
The General Counsel, as the chief law officer of the Department, is
legal adviser to the Secretary and other officials of the Department
and responsible for providing legal services for all the activities of
the Department. The delegations of authority by the Secretary of
Agriculture to the General Counsel include the following:
(a) Consider, ascertain, adjust, determine, compromise, and settle
claims pursuant to the Federal Tort Claims Act, as amended (28 U.S.C.
2671-2680), and the regulations of the Attorney General contained in 28
CFR part 14.
(b) Certify documents as true copies of those on file in the
Department.
(c) Sign releases of claims of the United States against private
persons for damage to or destruction of property of the department,
except those claims cognizable under the Contract Disputes Act of 1978
(41 U.S.C. 601, et seq.).
(d) Responsible for the overall management and operation of the Law
Library, furnishing complete legal and legislative library services to
the Office of the General Counsel and the Department.
(e) Make determinations as to whether employees of the Department
may retain commercial rights in inventions; prepare patent applications
and prosecute the same before the Patent Office.
(f) Represent the Department in formal rulemaking and adjudicatory
proceedings held in connection with the administration of the
Department's activities, and decide whether initial decisions of the
administrative law judges shall be appealed by the Department to the
Secretary.
(g) Represent the Department in connection with legal issues that
arise in its relations with the Congress, the General Accounting
Office, or other agencies of the Government.
(h) Represent the Department in proceedings before the Interstate
Commerce Commission involving freight rates on farm commodities, and in
appeals from decisions of the Commission to the courts.
(i) In civil actions arising out of the activities of the
Department, present the Department's case to the Attorney General and
U.S. attorneys and, upon request of the Department of Justice, assist
in the preparation and trial of such cases and in the briefing and
argument of such cases at the appellate level.
(j) Review cases having criminal aspects and refer them to the
Department of Justice.
(k) Act as liaison between the Department and the Department of
Justice.
(l) Perform the following legal services:
(1) Render legal opinions on questions arising in the conduct of
the Department's activities;
(2) Prepare or review regulations;
(3) Draft proposed legislation;
(4) Prepare or review contracts, mortgages, deeds, leases, and
other documents; and
(5) Examine titles to land to be acquired or accepted as security
for loans.
(m) Perform such other legal services as may be required in the
administration of the Department's activities, including the defense
program.
(n) Serve as a member of the Capper-Volstead Act Committee to
identify cases of undue price enhancement by associations of producers
and issue complaints requiring such associations to show cause why an
order should not be made directing them to cease and desist from
monopolization or restraint of trade (7 U.S.C. 292).
(o) Settle claims for damage to, or loss of, privately owned
property pursuant to the provisions of 31 U.S.C. 3723.
Sec. 2.32 Alternative Agricultural Research and Commercialization
Board.
The following delegation of authority is made by the Secretary of
Agriculture to the Alternative Agricultural Research and
Commercialization Board: Enter into contracts, grants, or cooperative
agreements to further research programs in the agricultural sciences (7
U.S.C. 3318).
[[Page 31804]]
Sec. 2.33 Inspector General.
(a) The following delegations of authority are made by the
Secretary of Agriculture to the Inspector General:
(1) Advise the Secretary and General officers in the planning,
development, and execution of Department policies and programs.
(2) Provide for the personal security of the Secretary and the
Deputy Secretary.
(3) Serve as liaison official for the Department for all audits of
USDA performed by the General Accounting Office.
(4) In addition to the above delegations of authority, the
Inspector General, under the general supervision of the Secretary, has
specific duties, responsibilities, and authorities pursuant to the
Inspector General Act of 1978, Pub. L. No. 95-452, 5 U.S.C. App.
(b) The following authority is reserved to the Secretary of
Agriculture: Approving the implementation in the Office of Inspector
General of administrative policies or procedures that contravene
standard USDA administrative policies as promulgated by the Assistant
Secretary for Administration.
Sec. 2.34 Director, National Appeals Division.
The Director, National Appeals Division, under the general
supervision of the Secretary, has specific duties, responsibilities,
and authorities pursuant to subtitle H of the Department of Agriculture
Reorganization Act of 1994, Pub. L. No. 103-354, title II (7 U.S.C.
6991, et seq.), including:
(a) Deciding appeals from adverse decisions, made by an officer or
employee of an agency of the Department designated by the Secretary,
that are adverse to participants. The term ``agency'' shall include the
following and any predecessor agency: the Farm Service Agency; the
Commodity Credit Corporation (with respect to domestic programs); the
Federal Crop Insurance Corporation; the Rural Housing and Community
Development Service; the Rural Business and Cooperative Development
Service; the Natural Resources Conservation Service; and a State,
county, or area committee established under section 8(b)(5) of the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)); and
(b) The authority to appoint such hearing officers and other
employees as are necessary for the administration of the activities of
the Division.
Sec. 2.35 Judicial Officer.
The following delegations of authority are made by the Secretary of
Agriculture to the Judicial Officer: Pursuant to the provisions of the
Act of April 4, 1940 (7 U.S.C. 450c- 450g), and Reorganization Plan No.
2 of 1953 (5 U.S.C. App.), the Judicial Officer is hereby authorized to
act as final deciding officer in adjudication proceedings subject to 5
U.S.C. 556 and 557; in other adjudication proceedings which are or may
be made subject to the ``Rules of Practice Governing Formal
Adjudicatory Proceedings Instituted by the Secretary Under Various
Statutes'' set forth in part 1, subpart H of this title; in
adjudication proceedings under the ``Rules of Practice Governing Cease
and Desist Proceedings Under Section 2 of the Capper-Volstead Act'' set
forth in part 1, subpart I of this title; in rate proceedings under the
Packers and Stockyards Act; in adjudication proceedings under the
``Procedures Related to Administrative Hearings Under the Program Fraud
Civil Remedies Act of 1986'' set forth in part 1, subpart L of this
title; in adjudication proceedings subject to the ``Rules of Practice
Governing the Adjudication of Sourcing Area Applications and Formal
Review of Sourcing Areas Pursuant to the Forest Resources Conservation
and Shortage Relief Act of 1990 (16 U.S.C. 620, et seq.)'' set forth in
part 1, subpart M of this title; and in reparation proceedings under
statutes administered by the Department. As used herein the term
``Judicial Officer'' shall mean any person or persons so designated by
the Secretary of Agriculture. The provisions of this delegation shall
not be construed to limit the authority of the Judicial Officer to
perform any functions, in addition to those defined in the said Act of
April 4, 1940, which from time to time may be assigned by the Secretary
to him or her.
Sec. 2.36 Director, Office of Communications.
(a) Delegations. The following delegations of authority are made by
the Secretary of Agriculture to Director, Office of Communications:
(1) Related to public affairs.
(i) Advise and counsel general officers on public affairs matters
to the Department.
(ii) Organize and direct the activities of a public affairs office
to include press relations of the secretary of agriculture and other
executive functions and services for general officers of the
Department.
(2) Related to information activities.
(i) Advise the secretary and general officers in the planning,
development, and execution of Department policies and programs.
(ii) Direct and coordinate the overall formulation and development
of policies, programs, plans, procedures, standards and organization
structures and staffing patterns for the information activities of the
Department and its agencies, both in Washington and in the field.
(iii) Exercise final review and approval of all public information
material prepared by the Department and its agencies and select the
most effective method and audience for distributing this information.
(iv) Serve as the central public information authority in the USDA,
with the authority to determine policy for all USDA communication
activities and agency information activities in order to provide
leadership and centralized operational direction for USDA and agency
information activities so that all material shall effectively support
USDA policies and programs, including the defense program.
(v) Serve as the central printing authority in the USDA, with
authority to represent the USDA with Joint Committee on Printing of the
Congress, the Government Printing Office, and other Federal and State
agencies on information matters.
(vi) Cooperate with and secure the cooperation of commercial,
industrial and other nongovernmental agencies and concerns regarding
information work as required in the execution of the Department's
programs.
(vii) Plan and direct communication research and training for the
Department and its agencies.
(viii) Oversee general officers and agency heads in the development
and implementation of information policies issued pursuant to the
provisions of the ``Freedom of Information Act'' (5 U.S.C. 552) and the
``Privacy Act'' (5 U.S.C. 552a), and provide consultation regarding
those policies.
(ix) Supervise and provide leadership and final clearance for the
planning, production, and distribution of visual information material
for the department and its agencies in Washington, D.C., and the field,
and provide such information services as may be deemed necessary.
(x) Maintain overall responsibility and control over the
preparation of the ``Agricultural Decisions.''
(xi) Administer, direct and coordinate publications and user fee
authority granted under section 1121 of the Agriculture and Food Act of
1981, as amended by section 1769 of the Food Security Act of 1985, 7
U.S.C. 2242a; and publish any appropriate regulations necessary to the
exercise of this authority.
(b) [Reserved]
[[Page 31805]]
Subpart E--Delegations of Authority by the Deputy Secretary
Sec. 2.37 Director, Office of Small and Disadvantaged Business
Utilization.
(a) Delegations. Pursuant to Sec. 2.15, the following delegations
of authority are made by the Deputy Secretary to the Director, Office
of Small and Disadvantaged Business Utilization:
(1) The Director, Office of Small and Disadvantaged Business
Utilization, under the supervision of the Deputy Secretary, has
specific responsibilities under the Small Business Act, 15 U.S.C.
644(k). These duties include being responsible for the following:
(i) Administering the Department's small and disadvantaged business
activities related to procurement contracts, minority bank deposits,
and grants and loan activities affecting small and minority business,
including women-owned business, Labor Surplus Area concerns, and the
small business and small minority business subcontracting programs;
(ii) Providing Departmentwide liaison and coordination of
activities related to small and disadvantaged business with the Small
Business Administration and others in the public and private sector;
(iii) Developing policies and procedures required by the applicable
provisions of the Small Business Act, as amended to include the
establishment of goals; and
(iv) Implementing and administering programs described under
sections 8 and 15 of the Small Business Act, as amended (15 U.S.C. 637
and 644).
(2) In addition to the responsibilities in paragraph (a)(1) of this
section, the following delegations of authority are made by the Deputy
Secretary of Agriculture to the Director, Office of Small and
Disadvantaged Business Utilization:
(i) Pursuant to the Office of Federal Procurement Policy Act (Act),
as amended (41 U.S.C. 401, et seq.), is designated as the Department's
Advocate for Competition with responsibility for sections 20 and 21 of
the Act (41 U.S.C. 418 and 418a), including:
(A) Reviewing the procurement activities of the Department;
(B) Developing new initiatives to increase full and open
competition;
(C) Developing goals and plans and recommending actions to increase
competition;
(D) Challenging conditions unnecessarily restricting competition in
the acquisition of supplies and services;
(E) Designating an Advocate for Competition for each procuring
activity within the Department; and
(F) Preparing the annual report to the Congress for transmittal by
the Secretary on activities of the Advocate for Competition.
(b) [Reserved]
Subpart F--Delegations of Authority by the Under Secretary for Farm
and Foreign Agricultural Services
Sec. 2.40 Deputy Under Secretary for Farm and Foreign Agricultural
Services.
Pursuant to Sec. 2.16(a), subject to reservations in Sec. 2.16(b),
and subject to policy guidance and direction by the Under Secretary,
the following delegation of authority is made to the Deputy Under
Secretary for Farm and Foreign Agricultural Services, to be exercised
only during the absence or unavailability of the Under Secretary:
Perform all the duties and exercise all the powers which are now or
which may hereafter be delegated to the Under Secretary for Farm and
Foreign Agricultural Services: Provided, that this authority shall be
exercised by the respective Deputy Under Secretary in the order in
which he or she has taken office as a Deputy Under Secretary.
Sec. 2.42 Administrator, Farm Service Agency.
(a) Delegations. Pursuant to Sec. 2.16(a)(1) through (a)(4) and
(a)(6) through (a)(8), subject to the reservations in Sec. 2.16(b)(1),
the following delegations of authority are made by the Under Secretary
for Farm and Foreign Agricultural Services to the Administrator, Farm
Service Agency:
(1) Formulate policies and administer programs authorized by the
Agricultural Adjustment Act of 1938, as amended (7 U.S.C. 1282, et
seq.).
(2) Formulate policies and administer programs authorized by the
Agricultural Act of 1949, as amended (7 U.S.C. 1441, et seq.), except
the provisions of section 416(a)(1), (a)(2) and (b) of the Agricultural
Act of 1949, as amended, unless specifically provided herein.
(3) Coordinate and prevent duplication of aerial photographic work
of the Department, including:
(i) Clearing photography projects;
(ii) Assigning symbols for new aerial photography, maintaining
symbol records, and furnishing symbol books;
(iii) Recording departmental aerial photography flow and
coordinating the issuance of aerial photography status maps of latest
coverage;
(iv) Promoting interchange of technical information and techniques
to develop lower costs and better quality;
(v) Representing the Department on committees, task forces, work
groups, and other similar groups concerned with aerial photography
acquisition and reproduction;
(vi) Providing a Chairperson for the Photography Sales Committee of
the Department;
(vii) Coordinating development, preparation, and issuance of
specifications for aerial photography for the Department;
(viii) Coordinating and performing procurement, inspection, and
application of specifications for USDA aerial photography;
(ix) Providing for liaison with EROS Data Center to support USDA
programs and research with satellite imagery reproductions; and
(x) Maintaining library and files of USDA aerial film and
retrieving and supplying reproductions on request.
(4) Administer the Agricultural Conservation Program under title X
of the Agricultural Act of 1970, as amended (16 U.S.C. 1501, et seq.),
and under the Soil Conservation and Domestic Allotment Act, as amended
(16 U.S.C. 590g, et seq.).
(5) Administer responsibilities and functions assigned under the
Defense Production Act of 1950, as amended (50 U.S.C. App. 2061, et
seq.), and title VI of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5195, et seq.), relating to
agricultural production; food processing, storage, and distribution of
farm equipment and fertilizers, rehabilitation and use of feed,
agricultural and related agribusiness facilities; and farm credit and
financial assistance.
(6) Administer the Emergency Conservation Program under the
Agricultural Credit Act of 1978, as amended (16 U.S.C. 2201, et seq.).
(7) Conduct fiscal, accounting and claims functions relating to CCC
programs for which the Foreign Agricultural Service has been delegated
authority under Sec. 2.43 and, in conjunction with other agencies of
the U.S. Government, develop and formulate agreements to reschedule
amounts due from foreign countries.
(8) Conduct assigned activities under the Strategic and Critical
Materials Stockpiling Act, as amended (50 U.S.C. 98, et seq.).
(9) Supervise and direct Farm Service Agency State and county
offices and designate functions to be performed by Farm Service Agency
State and county committees.
(10) Administer the Dairy Indemnity Program under the Act of August
13, 1968, as amended (7 U.S.C. 450j, et seq.).
(11) Administer procurement, processing, handling, distribution,
[[Page 31806]]
disposition, transportation, payment, and related services with respect
to surplus removal and supply operations which are carried out under
section 210 of the Agricultural Act of 1956 (7 U.S.C. 1859), the Act of
August 19, 1958, as amended (7 U.S.C. 1431 note), and section 709 of
the Food and Agriculture Act of 1965, as amended (7 U.S.C. 1446a-1),
except as delegated to the Under Secretary for Food, Nutrition, and
Consumer Services in Sec. 2.19 and to the Under Secretary for Farm and
Foreign Agricultural Services in Sec. 2.16(a)(3), and assist the Food
and Consumer Service and the Agricultural Marketing Service in the
procurement, handling, payment, and related services under section 32
of the Act of August 24, 1935, as amended (7 U.S.C. 612c), the Act of
June 28, 1937, as amended (7 U.S.C. 713c), the National School Lunch
Act, as amended (42 U.S.C. 1751, et seq.), section 8 of the Child
Nutrition Act of 1966, as amended (42 U.S.C. 1777), section 311 of the
Older Americans Act of 1965, as amended (42 U.S.C. 3030a), and section
4(a) of the Agriculture and Consumer Protection Act of 1973, as amended
(7 U.S.C. 612c note), and section 1114 of the Agriculture and Food Act
of 1981 (7 U.S.C. 1431e).
(12) Administer commodity procurement and supply, transportation
(other than from point of export, except for movement to trust
territories or possessions), handling, payment, and related services in
connection with programs under titles II and III of Public Law 480 (7
U.S.C. 1691, 1701, et seq.), and payment and related services with
respect to export programs and barter operations.
(13) Administer Wool and Mohair Programs under the National Wool
Act of 1954, as amended (7 U.S.C. 1781, et seq.), and, in accordance
with section 708 of that Act (7 U.S.C. 1787), conduct referenda,
withhold funds (for advertising and promotion) from payments made to
producers under section 704 of that Act (7 U.S.C. 1783), and transfer
such funds to the person or agency designated by the Assistant
Secretary for Marketing and Regulatory Programs.
(14) Administer the Agricultural Foreign Investment Disclosure Act
of 1978 (7 U.S.C. 3501, et seq.) except those functions delegated in
Sec. 2.21(a)(8)(xi).
(15) Administer energy management activities as assigned.
(16) 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.).
(17) Conduct field operations of diversion programs for fresh
fruits and vegetables under section 32 of the Act of August 29, 1935.
(18) Administer the U. S. Warehouse Act, as amended (7 U.S.C. 241-
273), and perform compliance examinations for Farm Service Agency
programs.
(19) Administer the provisions of the Soil Conservation and
Domestic Allotment Act relating to assignment of payments (16 U.S.C.
590h(g)).
(20) Formulate and carry out the Conservation Reserve Program under
the Food Security Act of 1985, as amended (16 U.S.C. 1231, et seq.).
(21) Carry out functions relating to highly erodible land and
wetland conservation under sections 1211-1213 and 1221-1223 of the Food
Security Act of 1985, as amended (16 U.S.C. 3811-3813 and 3821-3823).
(22) With respect to land and facilities under his or her
authority, exercise the functions delegated to the Secretary by
Executive Order 12580, 3 CFR, 1987 Comp., p. 193, under the following
provisions of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (``the Act''), as amended:
(i) Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a),
(b), and (c)(4)), with respect to removal and remedial actions in the
event of release or threatened release of a hazardous substance,
pollutant, or contaminant into the environment;
(ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with
respect to information gathering and access requests and orders;
compliance with Federal health and safety standards and wage and labor
standards applicable to covered work; and emergency procurement powers;
(iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with
respect to the reduction of exposure to significant risk to human
health;
(iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to
the acquisition of real property and interests in real property
required to conduct a remedial action;
(v) The first two sentences of section 105(d) of the Act (42 U.S.C.
9605(d)), with respect to petition for preliminary assessment of a
release or threatened release;
(vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to
consideration of the availability of qualified minority firms in
awarding contracts, but excluding that portion of section 105(f)
pertaining to the annual report to Congress;
(vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the
assessment of civil penalties for violations of section 122 of the Act
(42 U.S.C. 9622), and the granting of awards to individuals providing
information;
(viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect
to the designation of officials who may obligate money in the Hazardous
Substances Superfund;
(ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to
establishing an administrative record upon which to base the selection
of a response action and identifying and notifying potentially
responsible parties;
(x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to
preliminary assessment and site inspection of facilities;
(xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and
(c)), with respect to public participation in the preparation of any
plan for remedial action and explanation of variances from the final
remedial action plan for any remedial action or enforcement action,
including any settlement or consent decree entered into;
(xii) Section 119 of the Act (42 U.S.C. 9119), with respect to
indemnifying response action contractors;
(xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to
cleanup standards; and
(xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C.
9622(b)(1)), related to mixed funding agreements.
(23) With respect to facilities and activities under his or her
authority, to exercise the authority of the Secretary of Agriculture
pursuant to section 1-102 related to compliance with applicable
pollution control standards and section 1-601 of Executive Order 12088,
3 CFR, 1978 Comp., p. 243, to enter into an inter-agency agreement with
the United States Environmental Protection Agency, or an administrative
consent order or a consent judgment in an appropriate State,
interstate, or local agency, containing a plan and schedule to achieve
and maintain compliance with applicable pollution control standards
established pursuant to the following:
(i) Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act, as further amended by the Hazardous and
Solid Waste Amendments, and the Federal Facility Compliance Act (42
U.S.C. 6901, et seq.);
(ii) Federal Water Pollution Prevention and Control Act, as amended
(33 U.S.C. 1251, et seq.);
[[Page 31807]]
(iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f, et
seq.);
(iv) Clean Air Act, as amended (42 U.S.C. 7401, et seq.);
(v) Noise Control Act of 1972, as amended (42 U.S.C. 4901, et
seq.);
(vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601, et
seq.);
(vii) Federal Insecticide, Fungicide, and Rodenticide Act, as
amended (7 U.S.C. 136, et seq.); and
(viii) Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended by the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. 9601, et seq.).
(24) 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).
(25) 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 Farm Service Agency administered program.
(26) 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).
(27) 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).
(28) Administer the Consolidated Farm and Rural Development Act (7
U.S.C. 1921, et seq.) except for the authority contained in the
following sections:
(i) Section 303(a)(2) and (3) (7 U.S.C. 1923(a)(2) and (3)),
relating to real estate loans for recreation and non-farm purposes;
(ii) The authority in section 304(b) (7 U.S.C. 1924(b)), relating
to small business enterprise loans;
(iii) Section 306 (7 U.S.C. 1926), relating to all programs in that
section;
(iv) Section 306A (7 U.S.C. 1926a) and Section 306B (7 U.S.C.
1926b), relating to the Emergency Community Water Assistance Grant
Programs;
(v) Section 306C (7 U.S.C. 1926c) to administer the water and waste
facility loans and grants to alleviate health risks;
(vi) Sections 309 (7 U.S.C. 1929) and 309A (7 U.S.C. 1929a),
regarding assets and programs related to rural development;
(vii) Section 310A (7 U.S.C. 1931), relating to watershed and
resource conservation and development loans;
(viii) Section 310B (7 U.S.C. 1932), regarding rural
industrialization assistance;
(ix) Section 312(b) (7 U.S.C. 1942(b)), relating to small business
enterprises;
(x) Section 342 (7 U.S.C. 1013a);
(xi) Section 364 (7 U.S.C. 2006f), section 365 (7 U.S.C. 2008),
section 366 (7 U.S.C. 2008a), section 367 (7 U.S.C. 2008b), and section
368 (7 U.S.C. 2008c), regarding assets and programs related to rural
development; and
(xii) Administrative provisions of subtitle D of the Consolidated
Farm and Rural Development Act related to Rural Utilities Service,
Rural Business and Cooperative Development Service, and Rural Housing
and Community Development Service activities.
(29) Collect, service, and liquidate loans made or insured by the
Farm Service Agency, or its predecessor agencies.
(30) Administer the Rural Rehabilitation Corporation Trust
Liquidation Act (40 U.S.C. 440, et seq.), and trust, liquidation, and
other agreements entered into pursuant thereto.
(31) Make grants and enter into contracts and other agreements to
provide outreach and technical assistance to socially disadvantaged
farmers and ranchers under 7 U.S.C. 2279.
(32) Administer Farmers Home Administration or any successor agency
assets conveyed in trust under the Participation Sales Act of 1966 (12
U.S.C. 1717).
(33) Administer the emergency loan and guarantee programs under
sections 232, 234, 237, and 253 of the Disaster Relief Act of 1970
(Pub. L. No. 91-606), the Disaster Relief Act of 1969 (Pub. L. No. 91-
79), Pub. L. No. 92-385, approved August 16, 1972, and the Emergency
Livestock Credit Act of 1974 (Pub. L. No. 93-357), as amended.
(34) Administer loans to homestead or desertland entrymen and
purchasers of land in reclamation projects or to an entryman under the
desertland law (7 U.S.C. 1006a and 1006b).
(35) Administer the Federal Claims Collection Act of 1966, as
amended (31 U.S.C. 3711, et seq.), and joint regulations issued
pursuant thereto by the Attorney General and the Comptroller General (4
CFR chapter II), with respect to claims of the Farm Service Agency.
(36) Service, collect, settle, and liquidate:
(i) Deferred land purchase obligations of individuals under the
Wheeler-Case Act of August 11, 1939, as amended (16 U.S.C. 590y), and
under the item, ``Water Conservation and Utilization projects'' in the
Department of the Interior Appropriation Act, 1940 (53 Stat. 719), as
amended;
(ii) Puerto Rican Hurricane Relief loans under the Act of July 11,
1956 (70 Stat. 525); and
(iii) Loans made in conformance with section 4 of the Southeast
Hurricane Disaster Relief Act of 1965 (79 Stat. 1301).
(37) Administer loans to Indian tribes and tribal corporations (25
U.S.C. 488-492).
(38) Administer the State Agricultural Loan Mediation Program under
title 5 of the Agricultural Credit Act of 1987 (7 U.S.C. 5101, et
seq.).
(39) Administer financial assistance programs relating to Economic
Opportunity Loans to Cooperatives under part A of title III and part D
of title I and the necessarily related functions in title VI of the
Economic Opportunity Act of 1964, as amended (42 U.S.C. 2763-2768,
2841-2855, 2942, 2943(b), 2961), delegated by the Director of the
Office of Economic Opportunity to the Secretary of Agriculture by
documents dated October 23, 1964 (29 FR 14764), and June 17, 1968 (33
FR 9850), respectively.
(40) Exercise all authority and discretion vested in the Secretary
by section 331(c) of the Consolidated Farm and Rural Development Act,
as amended by section 2 of the Farmers Home Administration Improvement
Act of 1994, Pub. L. No. 103-248 (7 U.S.C. 1981(c), including the
following:
(i) Determine, with the concurrence of the General Counsel, which
actions are to be referred to the Department of Justice for the conduct
of litigation, and refer such actions to the Department of Justice
through the General Counsel;
(ii) Determine, with the concurrence of the General Counsel, which
actions are to be referred to the General Counsel, for the conduct of
litigation and refer such actions; and
(iii) Enter into contracts with private sector attorneys for the
conduct of litigation, with the concurrence of the General Counsel,
after determining that the attorneys will provide competent and cost
effective representation for the Farm Service Agency.
(41) Provide supervision of the Federal Crop Insurance Corporation.
(42) Administer the provisions concerning the end-use certificate
system authorized pursuant to section 301(f) of the North American Free
Trade Implementation Act (19 U.S.C. 3391(f)).
(43) Determine the type and quantity of commodities that are
available for programming under section 416(b) of the Agricultural Act
of 1949 (7 U.S.C. 1431(b)), and the Food for Progress Act
[[Page 31808]]
of 1985 (7 U.S.C. 1736o), and charge for the processing, packaging,
transportation, handling and delivery to port of such commodities in
connection therewith.
(b) Reservations. The following authorities are reserved to the
Under Secretary for Farm and Foreign Agricultural Services:
(1) Designating counties and areas for emergency programs under
Pub. L. No. 85-58, as amended.
(2) Making and issuing notes to the Secretary of the Treasury for
the purposes of the Agricultural Credit Insurance Fund as authorized by
the Consolidated Farm and Rural Development Act (7 U.S.C. 1929).
Sec. 2.43 Administrator, Foreign Agricultural Service.
(a) Delegations. Pursuant to Sec. 2.16(a)(3) and (a)(6), subject to
reservations in Sec. 2.16(b)(2), the following delegations of authority
are made by the Under Secretary for Farm and Foreign Agricultural
Services to the Administrator, Foreign Agricultural Service:
(1) Coordinate the carrying out by Department agencies of their
functions involving foreign agriculture policies and programs and their
operations and activities in foreign areas. Act as liaison on these
matters and functions relating to foreign agriculture between the
Department of Agriculture and the Department of State, the United
States Trade Representative, the Trade Policy Committee, the Agency for
International Development and other departments, agencies and
committees of the U.S. Government, foreign governments, the
Organization for Economic Cooperation and Development, the European
Union, the Food and Agriculture Organization of the United Nations, the
International Bank for Reconstruction and Development, the Inter-
American Development Bank, the Organization of American States, and
other public and private United States and international organizations,
and the contracting parties to the General Agreement on Tariffs and
Trade (GATT) and the World Trade Organization (WTO).
(2) Conduct functions of the Department relating to GATT, WTO, the
Trade Expansion Act of 1962 (19 U.S.C. 1801, et seq.), the Trade Act of
1974 (19 U.S.C. 2101, et seq.), the Trade Agreements Act of 1979 (19
U.S.C. 2501, et seq.), the Omnibus Trade and Competition Act of 1988
(19 U.S.C. 2901, et seq.), the provisions of subtitle B of title III of
the North American Free Trade Agreement Implementation Act (except the
provisions concerning the end-use certificate system authorized
pursuant to section 321(f) of that Act (19 U.S.C. 3391(f)) delegated to
the Administrator, Farm Service Agency), and other legislation
affecting international agricultural trade including the programs
designed to reduce foreign tariffs and other trade barriers.
(3) Conduct studies of worldwide production, trade, marketing,
prices, consumption, and other factors affecting exports and imports of
U.S. agricultural commodities; obtain information on methods used by
other countries to move farm commodities in world trade on a
competitive basis for use in the development of programs of this
Department; provide information to domestic producers, the agricultural
trade, the public and other interests; and promote normal commercial
markets abroad. This delegation excludes basic and long-range analyses
of world conditions and developments affecting supply, demand, and
trade in farm products and general economic analyses of the
international financial and monetary aspects of agricultural affairs as
assigned to the Under Secretary for Research, Education, and Economics.
(4) Administer Departmental programs concerned with development of
foreign markets for agricultural products of the United States except
functions relating to export marketing operations under section 32, of
the Act of August 23, 1935, as amended (7 U.S.C. 612c), delegated to
the Assistant Secretary for Marketing and Regulatory Programs.
(5) Conduct Department activities to carry out the provisions of
the International Coffee Agreement Act of 1968 (19 U.S.C. 1356f).
(6) Administer functions of the Department relating to import
controls including, among others, functions under section 22 of the
Agricultural Adjustment Act of 1933, as amended (7 U.S.C. 624), the
Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), and
section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854)
but not including those functions reserved to the Secretary under
Sec. 2.16(b)(2) and those relating to section 8e of the Agricultural
Adjustment Act of 1933, as amended (7 U.S.C. 608e-1), as assigned to
the Assistant Secretary for Marketing and Regulatory Programs.
(7) Represent the Department on the Interdepartmental Committee for
Export Control and conduct Departmental activities to carry out the
provisions of the Export Administration Act of 1969, as amended (50
U.S.C. App. 2401, et seq.), except as reserved to the Secretary under
Sec. 2.16(b)(2).
(8) Exercise the Department's responsibilities in connection with
international negotiations of the International Wheat Agreement and in
the administration of such agreement.
(9) Provide foreign agricultural intelligence and other foreign
agricultural services in support of programs administered by the
Department under the Defense Production Act of 1950, as amended (50
U.S.C. App. 2061, et seq.), and title VI of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195, et seq.).
(10) Conduct economic analyses pertaining to the foreign sugar
situation.
(11) Exercise the Department's functions with respect to the
International Sugar Agreement or any such future agreements.
(12) Exercise the Department's responsibilities with respect to
tariff-rate quotes for dairy products under chapter 4 of the Harmonized
Tariff Schedule of the United States (19 U.S.C. 1202).
(13) Serve as a focal point for handling quality or weight
discrepancy inquiries from foreign buyers of U.S. agricultural
commodities to insure that they are investigated and receive a timely
response and that reports thereof are made to appropriate parties and
government officials in order that corrective action may be taken.
(14) Formulate policies and administer programs and activities
authorized by the Agricultural Trade Act of 1978, as amended (7 U.S.C.
5601, et seq.).
(15) Formulate policies and administer barter programs under which
agricultural commodities are exported.
(16) Perform functions of the Department in connection with the
development and implementation of agreements to finance the sale and
exportation of agricultural commodities on long-term credit or for
foreign currencies under Public Law 480 (7 U.S.C. 1691, 1701, et seq.).
(17) Coordinate within the Department activities arising under
Public Law 480 (except as delegated to the Under Secretary for
Research, Education, and Economics in Sec. 2.21(a)(8), and to represent
the Department in its relationships in such matters with the Department
of State, any interagency committee on Public Law 480, and other
departments, agencies and committees of the Government.
(18) Formulate policies and implement programs to promote the
export of dairy products, as authorized under section 153 of the Food
Security Act of 1985, as amended (15 U.S.C.
[[Page 31809]]
713a-14), and of sunflowerseed oil and cottonseed oil, as authorized
under section 301(b)(2)(A) of the Disaster Assistance Act of 1988, as
amended (7 U.S.C. 1464 note).
(19) Formulate policies and implement a program for the export
sales of dairy products, as authorized by section 1163 of the Food
Security Act of 1985 (7 U.S.C. 1731 note).
(20) Carry out activities relating to the sale, reduction, or
cancellation of debt, as authorized by title VI of the Agricultural
Trade and Development Act of 1954, as amended (7 U.S.C. 1738, et seq.).
(21) Carry out debt-for-health-and-protection swaps, as authorized
by section 1517 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 1706).
(22) Allocate among the various export programs agricultural
commodities determined under Sec. 2.16(a)(3)(xix) to be available for
export.
(23) Maintain a worldwide agricultural intelligence and reporting
system, including provision for foreign agricultural representation
abroad to protect and promote U.S. agricultural interests, and to
acquire information on demand, competition, marketing, and distribution
of U.S. agricultural commodities abroad pursuant to title VI of the
Agricultural Act of 1954, as amended (7 U.S.C. 1761-1768).
(24) Plan and carry out programs and activities under the foreign
market promotion authority of the Wheat Research and Promotion Act (7
U.S.C. 1292 note); the Cotton Research and Promotion Act (7 U.S.C.
2102-2118); section 610 of the Agricultural Act of 1970 (7 U.S.C.
2119); the Potato Research and Promotion Act (7 U.S.C. 2611-2627); the
Egg Research and Consumer Information Act of 1974 (7 U.S.C. 2701-2718);
the National Wool Act of 1954, as amended (7 U.S.C. 1781-1787); the
Beef Research and Information Act, as amended (7 U.S.C. 2901-2918); the
Wheat and Wheat Foods Research and Nutrition Education Act (7 U.S.C.
3401-3417); subtitle B of title I of the Dairy and Tobacco Adjustment
Act of 1983 (7 U.S.C. 4501-4513); the Pecan Promotion and Research Act
of 1990 (7 U.S.C. 6001-6013); the Mushroom Promotion, Research, and
Consumer Information Act of 1990 (7 U.S.C. 6101-6112); the Lime
Research, Promotion and Consumer Information Act of 1990 (7 U.S.C.
6201-6212); and the Soybean Promotion, Research, and Consumer
Information Act of 1990 (7 U.S.C. 6301-6311). This authority includes
determining the programs and activities to be undertaken and assuring
that they are coordinated with the overall departmental programs to
develop foreign markets for U.S. agricultural products.
(25) Establish and administer regulations relating to foreign
travel by employees of the Department. Regulations will include, but
not be limited to, obtaining and controlling passports, obtaining
visas, coordinating Department of State medical clearances and imposing
requirements for itineraries and contacting the Foreign Agricultural
Affairs Officers upon arrival in the Officers' country(ies) of
responsibility.
(26) Administer the Foreign Service personnel system for the
Department in accordance with 22 U.S.C. 3922, except as otherwise
delegated in Sec. 2.80(a)(1), but including authority to represent the
Department of Agriculture in all interagency consultations and
negotiations with the other foreign agencies with respect to joint
regulations and authority to approve regulations issued by the
Department of State relating to the administration of the Foreign
Service.
(27) Establish and maintain U.S. Agricultural Trade Offices to
develop, maintain and expand international markets for U.S.
agricultural commodities in accordance with title IV of Pub. L. No. 95-
501 (7 U.S.C. 1765a-g).
(28) Administer the programs under section 416(b) of the
Agricultural Act of 1949, as amended (7 U.S.C. 1431(b)), relating to
the foreign donation of CCC stocks of agricultural commodities, except
as otherwise delegated in Sec. 2.42(a)(43).
(29) Administer section 214 of the Tobacco Adjustment Act of 1983
(7 U.S.C. 509).
(30) Administer section 1558 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 958).
(31) Administer programs under the Food for Progress Act of 1985 (7
U.S.C. 1736o), except as otherwise delegated in Sec. 2.42(a)(43).
(32) Serve as Department adviser on policies, organizational
arrangements, budgets, and actions to accomplish International
Scientific and Technical Cooperation in Food and Agriculture.
(33) Administer and direct the Department's programs in
international development, technical assistance, and training carried
out under the Foreign Assistance Act, as amended, as requested under
such act (22 U.S.C. 2151, et seq.).
(34) Administer and coordinate assigned Departmental programs in
international research and scientific and technical cooperation with
other governmental agencies, land grant universities, international
organizations, international agricultural research centers, and other
institutions (7 U.S.C. 1624, 3291).
(35) Direct and coordinate the Department's participation in
scientific and technical matters and exchange agreements between the
United States and other countries.
(36) Direct and coordinate the Department's work with international
organizations and interagency committees concerned with food and
agricultural development programs (7 U.S.C. 2201 and 2202).
(37) Coordinate policy formulation for USDA international science
and technology programs concerning international agricultural research
centers, international organizations, and international agricultural
research and extension activities (7 U.S.C. 3291).
(38) Disseminate, upon request, information on subjects connected
with agriculture which has been acquired by USDA agencies that may be
useful to the U.S. private sector in expanding foreign markets and
investment opportunities through the operation of a Department
information center, pursuant to 7 U.S.C. 2201.
(39) Enter into contracts, grants, cooperative agreements, and cost
reimbursable agreements relating to agricultural research, extension,
or teaching activities (7 U.S.C. 3318, 3319a).
(40) Determine amounts reimbursable for indirect costs under
international agricultural programs and agreements (7 U.S.C. 3319).
(41) Administer the Cochran Fellowship Program (7 U.S.C. 3293).
(42) Determine quantity trigger levels and impose additional duties
under the special safeguard measures in accordance with U.S. note 2 to
subchapter IV of chapter 99 of the Harmonized Tariff Schedule of the
United States (19 U.S.C. 1202).
(b) [Reserved]
Subpart G--Delegations of Authority by the Under Secretary for
Rural Economic and Community Development
Sec. 2.45 Deputy Under Secretary for Rural Economic and Community
Development.
Pursuant to Sec. 2.17(a), subject to reservations in Sec. 2.17(b),
and subject to policy guidance and direction by the Under Secretary,
the following delegation of authority is made to the Deputy Under
Secretary for Rural Economic and Community Development, to be exercised
only
[[Page 31810]]
during the absence or unavailability of the Under Secretary: Perform
all the duties and exercise all the powers which are now or which may
hereafter be delegated to the Under Secretary for Rural Economic and
Community Development.
Sec. 2.47 Administrator, Rural Utilities Service.
(a) Delegations. Pursuant to Secs. 2.17 (a)(14) and (a)(16) through
(a)(20), and subject to policy guidance and direction by the Under
Secretary for Rural Economic and Community Development, the following
delegations of authority are made by the Under Secretary for Rural
Economic and Community Development to the Administrator, Rural
Utilities Service:
(1) Administer the Rural Electrification Act of 1936, as amended (7
U.S.C. 901, et seq.) except for rural economic development loan and
grant programs; (7 U.S.C. 940c and 950aa, et seq.): Provided, however,
that the Administrator may utilize consultants and attorneys for the
provision of legal services pursuant to 7 U.S.C. 918, with the
concurrence of the General Counsel.
(2) Administer the Rural Electrification Act of 1938 (7 U.S.C. 903
note).
(3) The Administrator, Rural Utilities Service is designated to
serve as the chief executive officer of the Rural Telephone Bank.
(4) Administer the following sections of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1921, et seq.):
(i) Section 306 (7 U.S.C. 1926), related to water and waste
facilities;
(ii) Section 306A (7 U.S.C. 1926a);
(iii) Section 306B (7 U.S.C. 1926b);
(iv) Section 306C (7 U.S.C. 1926c);
(v) Sections 309 (7 U.S.C. 1929) and 309A (7 U.S.C. 1929a),
relating to assets and programs related to watershed facilities,
resource and conservation facilities, and water and waste facilities;
(vi) Section 310A (7 U.S.C. 1931), relating to watershed and
resource conservation and development;
(vii) Section 310B(b) (7 U.S.C. 1932(b));
(viii) Section 310B(i)), relating to loans for business
telecommunications partnerships;
(ix) Section 342 (7 U.S.C. 1013a); and
(x) Administrative Provisions of subtitle D of the Consolidated
Farm and Rural Development Act relating to Rural Utilities Service
activities;
(5) Administer section 8, and those functions with respect to
repayment of obligations under section 4, of the Watershed Protection
and Flood Prevention Act (16 U.S.C. 1006a, 1004) and administer the
Resource Conservation and Development Program to assist in carrying out
resource conservation and development projects in rural areas under
section 32(e) of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(e)).
(6) Administer the Water and Waste Loan Program (7 U.S.C. 1926-1).
(7) Administer the Rural Wastewater Treatment Circuit Rider Program
(7 U.S.C. 1926 note).
(8) Collect, service, and liquidate loans made, insured, or
guaranteed by the Rural Utilities Service or its predecessor agencies.
(9) Administer the Federal Claims Collection Act of 1966 (31 U.S.C.
3711, et seq.), and joint regulations issued pursuant thereto by the
Attorney General and the Comptroller General (4 CFR chapter II), with
respect to the claims of the Rural Utilities Service.
(10) Administer responsibilities and function assigned under the
Defense Production Act of 1950, as amended (50 U.S.C. App. 2061, et
seq.) and title VI of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5195, et seq.), relating to rural
development credit and financial assistance.
(11) With respect to land and facilities under his or her
authority, exercise the functions delegated to the Secretary by
Executive Order 12580, 3 CFR, 1987 Comp., p. 193, under the following
provisions of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (``the Act''), as amended:
(i) Sections 104 (a), (b), and (c)(4) of the Act (42 U.S.C.
9604(a), (b), and (c)(4)), with respect to removal and remedial actions
in the event of release or threatened release of a hazardous substance,
pollutant, or contaminant into the environment;
(ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with
respect to information gathering and access requests and orders;
compliance with Federal health and safety standards and wage and labor
standards applicable to covered work; and emergency procurement powers;
(iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with
respect to the reduction of exposure to significant risk to human
health;
(iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to
the acquisition of real property and interests in real property
required to conduct a remedial action;
(v) The first two sentences of section 105(d) of the Act (42 U.S.C.
9605(d)), with respect to petitions for preliminary assessment of a
release or threatened release;
(vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to
consideration of the availability of qualified minority firms in
awarding contracts, but excluding that portion of section 105(f)
pertaining to the annual report to Congress;
(vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the
assessment of civil penalties for violations of section 122 of the Act
(42 U.S.C. 9622), and the granting of awards to individuals providing
information;
(viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect
to the designation of officials who may obligate money in the Hazardous
Substances Superfund;
(ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to
establishing an administrative record upon which to base the selection
of a response action and identifying and notifying potentially
responsible parties;
(x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to
preliminary assessment and site inspection of facilities;
(xi) Sections 117 (a) and (c) of the Act (42 U.S.C. 9617 (a) and
(c)), with respect to public participation in the preparation of any
plan for remedial action and explanation of variances from the final
remedial action plan for any remedial action or enforcement action,
including any settlement or consent decree entered into;
(xii) Section 119 of the Act (42 U.S.C. 9119), with respect to
indemnifying response action contractors;
(xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to
cleanup standards; and
(xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C.
9622(b)(1)), related to mixed funding agreements.
(12) With respect to facilities and activities under his or her
authority, to exercise the authority of the Secretary of Agriculture
pursuant to section 1-102 related to compliance with applicable
pollution control standards and section 1-601 of Executive Order 12088,
3 CFR, 1978 Comp., p. 243, to enter into an inter-agency agreement with
the United States Environmental Protection Agency, or an administrative
consent order or a consent judgment in an appropriate State,
interstate, or local agency, containing a plan and schedule to achieve
and maintain compliance with applicable pollution control standards
established pursuant to the following:
[[Page 31811]]
(i) Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act, as further amended by the Hazardous and
Solid Waste Amendments, and the Federal Facility Compliance Act (42
U.S.C. 6901, et seq.);
(ii) Federal Water Pollution Prevention and Control Act, as amended
(33 U.S.C. 1251, et seq.);
(iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f, et
seq.);
(iv) Clean Air Act, as amended (42 U.S.C. 7401, et seq.);
(v) Noise Control Act of 1972, as amended (42 U.S.C. 4901, et
seq.);
(vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601, et
seq.);
(vii) Federal Insecticide, Fungicide, and Rodenticide Act, as
amended (7 U.S.C. 136, et seq.); and
(viii) Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended by the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. 9601, et seq.).
(13) Administer the Distance Learning and Medical Link Programs (7
U.S.C. 950aaa, et seq.).
(14) Administer water and waste facility programs and activities (7
U.S.C. 1926-1).
(b) Reservations. The following authority is reserved to the Under
Secretary for Rural Economic and Community Development:
(1) Making and issuing notes to the Secretary of the Treasury for
the purposes of the Rural Development Insurance Fund as authorized by
the Consolidated Farm and Rural Development Act (7 U.S.C. 1929a).
(2) Administering loans for rural telephone facilities and service
in rural areas as authorized by the Consolidated Farm and Rural
Development Act (7 U.S.C. 1921, et seq.).
Sec. 2.48 Administrator, Rural Business and Cooperative Development
Service.
(a) Delegations. Pursuant to Secs. 2.17 (a)(1), (a)(2), (a)(14),
(a)(16) through (a)(19) and (a)(21), subject to reservations in
Sec. 2.17(b)(1), and subject to policy guidance and direction by the
Under Secretary for Rural Economic and Community Development, the
following delegations of authority are made by the Under Secretary for
Rural Economic and Community Development to the Administrator, Rural
Business and Cooperative Development Service:
(1) Administer the rural economic development loan and grant
programs under the Rural Electrification Act (7 U.S.C. 940c and 950aa,
et seq.).
(2) Administer the following sections of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1921, et seq.):
(i) Section 306(a)(11)(A) (7 U.S.C. 1926(a)(11)(A)), related grants
for business technical assistance and planning;
(ii) Section 304(b) (7 U.S.C. 1924(b)), relating to small business
enterprises;
(iii) Sections 309 (7 U.S.C. 1929) and 309A (7 U.S.C. 1929a),
relating to assets and programs related to rural development;
(iv) Section 310B (7 U.S.C. 1932), relating to rural
industrialization assistance, rural business enterprise grants and
rural technology and cooperative development grants;
(v) Section 312(b) (7 U.S.C. 1942(b)), relating to small business
enterprises; and
(vi) Administrative Provisions of subtitle D of the Consolidated
Farm and Rural Development Act relating to Rural Business and
Cooperative Development Service activities;
(3) Administer Alcohol Fuels Credit Guarantee Program Account (Pub
L. No. 102-341, 106 Stat. 895).
(4) Administer section 1323 of the Food Security Act of 1985 (7
U.S.C. 1932 note).
(5) Administer loan programs in the Appalachian region under
sections 203 and 204 of the Appalachian Regional Development Act of
1965 (40 U.S.C. App. 204).
(6) Administer section 601 of the Powerplant and Industrial Fuel
Use Act of 1978 (Pub. L. No. 95-620).
(7) Administer the Drought and Disaster Guaranteed Loan program
under section 331 of the Disaster Assistance Act of 1988 (7 U.S.C.
1929a note).
(8) Administer the Disaster Assistance for Rural Business
Enterprises Guaranteed Loan Program under section 401 of the Disaster
Assistance Act of 1989 (7 U.S.C. 1929a note).
(9) Administer the Rural Economic Development Demonstration Grant
Program (7 U.S.C. 2662a).
(10) Administer the Economically Disadvantaged Rural Community Loan
program (7 U.S.C. 6616).
(11) Administer the Alternative Agricultural Research and
Commercialization Act of 1990, (7 U.S.C. 5901, et seq.).
(12) Administer programs authorized by the Cooperative Marketing
Act of 1926 (7 U.S.C. 451-457).
(13) Carry out the responsibilities of the Secretary of Agriculture
relating to the marketing aspects of cooperatives, including economic
research and analysis, the application of economic research findings,
technical assistance to existing and developing cooperatives, education
on cooperatives, and statistical information pertaining to cooperatives
as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-
1627).
(14) Work with institutions and international organizations
throughout the world on subjects related to the development and
operation of agricultural cooperatives. Such work may be carried out
by:
(i) Exchanging materials and results with such institutions or
organizations;
(ii) Engaging in joint or coordinated activities; or
(iii) Stationing representatives at such institutions or
organizations in foreign countries (7 U.S.C. 3291).
(15) Collect, service, and liquidate loans made, insured, or
guaranteed by the Rural Business and Cooperative Development Service or
its predecessor agencies.
(16) Administer the Federal Claims Collection Act of 1966 (31
U.S.C. 3711, et seq.), and joint regulations issued pursuant thereto by
the Attorney General and the Comptroller General (4 CFR chapter II),
with respect to the claims of the Rural Business and Cooperative
Development Service.
(17) Administer responsibilities and functions assigned under the
Defense Production Act of 1950, as amended (50 U.S.C. App. 2061, et
seq.), and title VI of the Robert T. Stafford Disaster Relief and
Assistance Act (42 U.S.C. 5195, et seq.), relating to rural development
credit and financial assistance.
(18) With respect to land and facilities under his or her
authority, exercise the functions delegated to the Secretary by
Executive Order 12580, 3 CFR, 1987 Comp., p. 193, under the following
provisions of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (``the Act''), as amended:
(i) Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a),
(b), and (c)(4)), with respect to removal and remedial actions in the
event of release or threatened release of a hazardous substance,
pollutant, or contaminant into the environment;
(ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with
respect to information gathering and access requests and orders;
compliance with Federal health and safety standards and wage and labor
standards applicable to covered work; and emergency procurement powers;
(iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with
respect to the reduction of exposure to significant risk to human
health;
(iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to
the
[[Page 31812]]
acquisition of real property and interests in real property required to
conduct a remedial action;
(v) The first two sentences of section 105(d) of the Act (42 U.S.C.
9605(d)), with respect to petitions for preliminary assessment of a
release or threatened release;
(vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to
consideration of the availability of qualified minority firms in
awarding contracts, but excluding that portion of section 105(f)
pertaining to the annual report to Congress;
(vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the
assessment of civil penalties for violations of section 122 of the Act
(42 U.S.C. 9622), and the granting of awards to individuals providing
information;
(viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect
to the designation of officials who may obligate money in the Hazardous
Substances Superfund;
(ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to
establishing an administrative record upon which to base the selection
of a response action and identifying and notifying potentially
responsible parties;
(x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to
preliminary assessment and site inspection of facilities;
(xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and
(c)), with respect to public participation in the preparation of any
plan for remedial action and explanation of variances from the final
remedial action plan for any remedial action or enforcement action,
including any settlement or consent decree entered into;
(xii) Section 119 of the Act (42 U.S.C. 9119), with respect to
indemnifying response action contractors;
(xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to
cleanup standards; and
(xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C.
9622(b)(1)), related to mixed funding agreements.
(19) With respect to facilities and activities under his or her
authority, to exercise the authority of the Secretary of Agriculture
pursuant to section 1-102 related to compliance with applicable
pollution control standards and section 1-601 of Executive Order 12088,
3 CFR, 1978 Comp., p. 243, to enter into an inter-agency agreement with
the United States Environmental Protection Agency, or an administrative
consent order or a consent judgment in an appropriate State,
interstate, or local agency, containing a plan and schedule to achieve
and maintain compliance with applicable pollution control standards
established pursuant to the following:
(i) Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act, as further amended by the Hazardous and
Solid Waste Amendments, and the Federal Facility Compliance Act (42
U.S.C. 6901, et seq.);
(ii) Federal Water Pollution Prevention and Control Act, as amended
(33 U.S.C. 1251, et seq.);
(iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f, et
seq.);
(iv) Clean Air Act, as amended (42 U.S.C. 7401, et seq.);
(v) Noise Control Act of 1972, as amended (42 U.S.C. 4901, et
seq.);
(vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601, et
seq.);
(vii) Federal Insecticide, Fungicide, and Rodenticide Act, as
amended (7 U.S.C. 136, et seq.); and
(viii) Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended by the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. 9601, et seq.).
(20) Administer in rural areas the process of designation,
provision of monitoring and oversight, and provision of technical
assistance for Empowerment Zones and Enterprise Communities pursuant to
section 13301 of Pub. L. No. 103-66, Omnibus Budget Reconciliation Act
of 1993 (26 U.S.C. 1391, et seq.).
(21) Provide leadership and coordination within the executive
branch at the state and local level of Federal rural development
program utilizing the services of executive branch departments and
agencies and the agencies, bureaus, offices, and services of the
Department of Agriculture in coordination with rural development
programs of State and local governments (7 U.S.C. 2204).
(22) Coordinate, at the state and local level, activities relative
to rural development among agencies reporting to the Under Secretary
for Rural Economic and Community Development and, through appropriate
channels, serve as the coordinating agency for other departmental
agencies having primary responsibilities, in coordination with rural
development programs of State and local governments (7 U.S.C. 2204).
(23) Work with Federal agencies in encouraging the creation of
local rural community development organizations. Within a State, assist
other Federal agencies in developing means for extending their services
effectively to rural areas and in designating pilot projects in rural
areas (7 U.S.C. 2204).
(24) Conduct assessments to determine how programs of the
Department can be brought to bear on the economic development problems
of a State or local area and assure that local groups are receiving
adequate and effective technical assistance from Federal agencies or
from local and State governments in formulating development programs
and in carrying out planned development activities (7 U.S.C. 2204b).
(25) Develop a process through which State, sub-state and local
rural development needs, goals, objectives, plans, and recommendations
can be received and assessed on a continuing basis (7 U.S.C. 2204b).
(26) Prepare local or area-wide rural development strategies based
on the needs, goals, objectives, plans and recommendations of local
communities, sub-state areas and States (7 U.S.C. 2204b).
(27) Develop a system of outreach in the State or local area to
promote rural development and provide for the publication and
dissemination of information, through multi-media methods, relating to
rural development. Advise local rural development organizations of
availability of Federal programs and the type of assistance available,
and assist in making contact with Federal program contact (7 U.S.C.
2204; 7 U.S.C. 2204b).
(b) Reservation. The following authority is reserved to the Under
Secretary for Rural Economic and Community Development: Making and
issuing notes to the Secretary of the Treasury for the purposes of the
Rural Development Insurance Fund as authorized by the Consolidated Farm
and Rural Development Act (7 U.S.C. 1929a).
Sec. 2.49 Administrator, Rural Housing and Community Development
Service.
(a) Delegations. Pursuant to Secs. 2.17(a)(14), (a)(16) through
(a)(19) and (a)(22), and subject to policy guidance and directions by
the Under Secretary for Rural Economic and Community Development, the
following delegations are made by the Under Secretary for Rural
Economic and Community Development to the Administrator, Rural Housing
and Community Development Service:
(1) Administer the following under the Consolidated Farm and Rural
Development Act (7 U.S.C. 1921, et seq.):
(i) Section 306 (7 U.S.C. 1926), except with respect to financing
for water and
[[Page 31813]]
waste disposal facilities; or loans for rural electrification or
telephone systems or facilities other than hydroelectric generating and
related distribution systems and supplemental and supporting structures
if they are eligible for Rural Utilities Service financing; and
financing for grazing facilities and irrigation and drainage
facilities; and subsection 306(a)(11);
(ii) Section 309A (7 U.S.C. 1929a), regarding assets and programs
relating to community facilities; and
(iii) Administrative Provisions of subtitle D of the Consolidated
Farm and Rural Development Act relating to Rural Housing and Community
Development Service activities;
(2) Administer title V of the Housing Act of 1949 (42 U.S.C. 1471,
et seq.), except those functions pertaining to research.
(3) Make grants, administer a grant program, and determine the
types of assistance to be provided to aid low-income migrant and
seasonal farmworkers (42 U.S.C. 5177a).
(4) Administer the rural housing disaster program under sections
232, 234, and 253 of the Disaster Relief Act of 1970 (Pub. L. No. 91-
606).
(5) Collect, service, and liquidate loans made, insured or
guaranteed by the Rural Housing and Community Development Service or
its predecessor agencies.
(6) Exercise all authority and discretion vested in the Secretary
by section 510(d) of the Housing Act of 1949, as amended by section
1045 of the Stewart B. McKinney Homeless Assistance Amendments Act of
1988, Pub. L. No. 100-628 (42 U.S.C. 1480(d)), including the following:
(i) Determine, with the concurrence of the General Counsel, which
actions are to be referred to the Department of Justice for the conduct
of litigation, and refer such actions to the Department of Justice
through the General Counsel;
(ii) Determine, with the concurrence of the General Counsel, which
actions are to be referred to the General Counsel for the conduct of
litigation and refer such actions; and
(iii) Enter into contracts with private sector attorneys for the
conduct of litigation, with the concurrence of the General Counsel,
after determining that the attorneys will provide competent and cost
effective representation for the Rural Housing and Community
Development Service and representation by the attorney will either
accelerate the process by which a family or person eligible for
assistance under section 502 of the Housing Act of 1949 will be able to
purchase and occupy the housing involved, or preserve the quality of
the housing involved.
(7) Administer the Federal Claims Collection Act of 1966 (31 U.S.C.
3711, et seq.), and joint regulations issued pursuant thereto by the
Attorney General and the Comptroller General (4 CFR chapter II), with
respect to claims of the Rural Housing and Community Development
Service.
(8) Administer responsibilities and function assigned under the
Defense Production Act of 1950, as amended (50 U.S.C. App. 2061, et
seq.) and title VI of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5195, et seq.), relating to rural
housing and community development credit and financial assistance.
(9) With respect to land and facilities under his or her authority,
exercise the functions delegated to the Secretary by Executive Order
12580, 3 CFR, 1987 Comp., p. 193, under the following provisions of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (``the Act''), as amended:
(i) Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a),
(b), and (c)(4)), with respect to removal and remedial actions in the
event of release or threatened release of a hazardous substance,
pollutant, or contaminant into the environment;
(ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with
respect to information gathering and access requests and orders;
compliance with Federal health and safety standards and wage and labor
standards applicable to covered work; and emergency procurement powers;
(iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with
respect to the reduction of exposure to significant risk to human
health;
(iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to
the acquisition of real property and interests in real property
required to conduct a remedial action;
(v) The first two sentences of section 105(d) of the Act (42 U.S.C.
9605(d)), with respect to petitions for preliminary assessment of a
release or threatened release;
(vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to
consideration of the availability of qualified minority firms in
awarding contracts, but excluding that portion of section 105(f)
pertaining to the annual report to Congress;
(vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the
assessment of civil penalties for violations of section 122 of the Act
(42 U.S.C. 9622), and the granting of awards to individuals providing
information;
(viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect
to the designation of officials who may obligate money in the Hazardous
Substances Superfund;
(ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to
establishing an administrative record upon which to base the selection
of a response action and identifying and notifying potentially
responsible parties;
(x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to
preliminary assessment and site inspection of facilities;
(xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and
(c)), with respect to public participation in the preparation of any
plan for remedial action and explanation of variances from the final
remedial action plan for any remedial action or enforcement action,
including any settlement or consent decree entered into;
(xii) Section 119 of the Act (42 U.S.C. 9119), with respect to
indemnifying response action contractors;
(xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to
cleanup standards; and
(xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C.
9622(b)(1)), related to mixed funding agreements.
(10) With respect to facilities and activities under his or her
authority, to exercise the authority of the Secretary of Agriculture
pursuant to section 1-102 related to compliance with applicable
pollution control standards and section 1-601 of Executive Order 12088,
3 CFR, 1978 Comp., p. 243, to enter into an inter-agency agreement with
the United States Environmental Protection Agency, or an administrative
consent order or a consent judgment in an appropriate State,
interstate, or local agency, containing a plan and schedule to achieve
and maintain compliance with applicable pollution control standards
established pursuant to the following:
(i) Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act, as further amended by the Hazardous and
Solid Waste Amendments, and the Federal Facility Compliance Act (42
U.S.C. 6901, et seq.);
(ii) Federal Water Pollution Prevention and Control Act, as amended
(33 U.S.C. 1251, et seq.);
(iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f, et
seq.);
(iv) Clean Air Act, as amended (42 U.S.C. 7401, et seq.);
[[Page 31814]]
(v) Noise Control Act of 1972, as amended (42 U.S.C. 4901, et
seq.);
(vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601, et
seq.);
(vii) Federal Insecticide, Fungicide, and Rodenticide Act, as
amended (7 U.S.C. 136, et seq.); and
(viii) Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended by the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. 9601, et seq.).
(b) Reservation. The following authority is reserved to the Under
Secretary for Rural Economic and Community Development: Making and
issuing notes to the Secretary of the Treasury for the purposes the
Rural Development Insurance Fund as authorized by the Consolidated Farm
and Rural Development Act (7 U.S.C. 1929(a)) and the Rural Housing
Insurance Fund as authorized by title V of the Housing Act of 1949 (41
U.S.C. 1487).
Subpart H--Delegations of Authority by the Under Secretary for Food
Safety
Sec. 2.51 Deputy Under Secretary for Food Safety.
Pursuant to Sec. 2.18, and subject to policy guidance and direction
by the Under Secretary, the following delegation of authority is made
by the Under Secretary for Food Safety to the Deputy Under Secretary
for Food Safety, to be exercised only during the absence or
unavailability of the Under Secretary: Perform all the duties and
exercise all the powers which are now or which may hereafter be
delegated to the Under Secretary for Farm and Foreign Agricultural
Services.
Sec. 2.53 Administrator, Food Safety and Inspection Service.
(a) Delegations. Pursuant to Sec. 2.18, the following delegations
of authority are made by the Under Secretary for Food Safety to the
Administrator, Food Safety and Inspection Service:
(1) Exercise the functions of the Secretary of Agriculture
contained in the Agricultural Marketing Act of 1946, as amended (7
U.S.C. 1621-1627), relating to voluntary inspection of poultry and
edible products thereof; voluntary inspection and certification of
technical animal fat; certified products for dogs, cats and other
carnivora; voluntary inspection of rabbits and edible products thereof;
and voluntary inspection and certification of edible meat and other
products.
(2) Exercise the functions of the Secretary of Agriculture
contained in the following legislation:
(i) Poultry Products Inspection Act, as amended (21 U.S.C. 451-
470);
(ii) Federal Meat Inspection Act, as amended, and related
legislation, excluding sections 12-14, and also excluding so much of
section 18 as pertains to issuance of certificates of condition of live
animals intended and offered for export (21 U.S.C. 601-611, 615-624,
641-645, 661, 671-680, 691-692, 694-695);
(iii) Egg Products Inspection Act, except for the shell egg
surveillance program, voluntary laboratory analyses of egg products,
and the voluntary egg grading program (21 U.S.C. 1031-1056);
(iv) Talmadge-Aiken Act (7 U.S.C. 450) with respect to cooperation
with States in administration of the Federal Meat Inspection Act and
the Poultry Products Inspection Act;
(v) Humane Slaughter Act (7 U.S.C. 1901-1906); and
(vi) Defense Production Act of 1950, as amended (50 U.S.C. App.
2061, et seq.), and title VI of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5195, et seq.), relating to
wholesomeness of meat and poultry and products thereof and inspection
of egg and egg products.
(3) With respect to land and facilities under his or her authority,
exercise the functions delegated to the Secretary by Executive Order
12580, 3 CFR, 1987 Comp., p. 193, under the following provisions of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (``the Act''), as amended:
(i) Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a),
(b), and (c)(4)), with respect to removal and remedial actions in the
event of release or threatened release of a hazardous substance,
pollutant, or contaminant into the environment;
(ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with
respect to information gathering and access requests and orders;
compliance with Federal health and safety standards and wage and labor
standards applicable to covered work; and emergency procurement powers;
(iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with
respect to the reduction of exposure to significant risk to human
health;
(iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to
the acquisition of real property and interests in real property
required to conduct a remedial action;
(v) The first two sentences of section 105(d) of the Act (42 U.S.C.
9605(d)), with respect to petitions for preliminary assessment of a
release or threatened release;
(vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to
consideration of the availability of qualified minority firms in
awarding contracts, but excluding that portion of section 105(f)
pertaining to the annual report to Congress;
(vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the
assessment of civil penalties for violations of section 122 of the Act
(42 U.S.C. 9622), and the granting of awards to individuals providing
information;
(viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect
to the designation of officials who may obligate money in the Hazardous
Substances Superfund;
(ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to
establishing an administrative record upon which to base the selection
of a response action and identifying and notifying potentially
responsible parties;
(x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to
preliminary assessment and site inspection of facilities;
(xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and
(c)), with respect to public participation in the preparation of any
plan for remedial action and explanation of variances from the final
remedial action plan for any remedial action or enforcement action,
including any settlement or consent decree entered into;
(xii) Section 119 of the Act (42 U.S.C. 9119), with respect to
indemnifying response action contractors;
(xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to
cleanup standards; and
(xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C.
9622(b)(1)), related to mixed funding agreements.
(4) With respect to facilities and activities under his or her
authority, to exercise the authority of the Secretary of Agriculture
pursuant to section 1-102 related to compliance with applicable
pollution control standards and section 1-601 of Executive Order 12088,
3 CFR, 1978 Comp., p. 243, to enter into an inter-agency agreement with
the United States Environmental Protection Agency, or an administrative
consent order or a consent judgment in an appropriate State,
interstate, or local agency, containing a plan and schedule to achieve
and maintain compliance with applicable pollution control standards
established pursuant to the following:
(i) Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act, as further amended
[[Page 31815]]
by the Hazardous and Solid Waste Amendments, and the Federal Facility
Compliance Act (42 U.S.C. 6901, et seq.);
(ii) Federal Water Pollution Prevention and Control Act, as amended
(33 U.S.C. 1251, et seq.);
(iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f, et
seq.);
(iv) Clean Air Act, as amended (42 U.S.C. 7401, et seq.);
(v) Noise Control Act of 1972, as amended (42 U.S.C. 4901, et
seq.);
(vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601, et
seq.);
(vii) Federal Insecticide, Fungicide, and Rodenticide Act, as
amended (7 U.S.C. 136, et seq.); and
(viii) Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended by the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. 9601, et seq.).
(5) Administer the National Laboratory Accreditation Program (7
U.S.C. 138-138i) with respect to laboratories accredited only for
pesticide residue analysis in meat and poultry products.
(6) Administer and conduct a food safety research program (7 U.S.C.
427).
(7) Coordinate with the Animal and Plant Health Inspection Service
the administration of programs relating to human pathogen reduction
(such as salmonella enteritidis) pursuant to section 2 of the Act of
February 2, 1903, as amended (21 U.S.C. 111), and sections 4 and 5 of
the Act of May 29, 1884, as amended (21 U.S.C. 120).
(8) Enter into contracts, grants, or cooperative agreements to
further research programs in the agricultural sciences (7 U.S.C. 3318).
(b) [Reserved]
Subpart I--Delegations of Authority by the Under Secretary for
Food, Nutrition, and Consumer Services
Sec. 2.55 Deputy Under Secretary for Food, Nutrition, and Consumer
Services.
Pursuant to Sec. 2.19(a), subject to reservations in Sec. 2.19(b),
and subject to policy guidance and direction by the Under Secretary,
the following delegation of authority is made by the Under Secretary
for Food, Nutrition, and Consumer Services to the Deputy Under
Secretary for Food, Nutrition and Consumer Services, to be exercised
only during the absence or unavailability of the Under Secretary:
Perform all the duties and exercise all the powers which are now or
which may hereafter be delegated to the Under Secretary for Food,
Nutrition, and Consumer Services.
Sec. 2.57 Administrator, Food and Consumer Service.
(a) Delegations. Pursuant to Secs. 2.19(a)(1), (a)(2) and (a)(5),
subject to reservations in Sec. 2.19(b)(1), the following delegations
of authority are made by the Under Secretary for Food, Nutrition, and
Consumer Services to the Administrator, Food and Consumer Service:
(1) Administer the following legislation:
(i) The Food Stamp Act of 1977, as amended (7 U.S.C. 2011-2032);
(ii) National School Lunch Act of 1946, as amended (42 U.S.C. 1751-
1769h), except procurement of agricultural commodities and other foods
under section 6 thereof;
(iii) Child Nutrition Act of 1966, as amended (42 U.S.C. 1771-
1790);
(iv) Sections 933-939 of the Food, Agriculture, Conservation, and
Trade Act Amendments of 1991 (7 U.S.C. 5930 note); and
(v) Section 301 of the Healthy Meals for Healthy Americans Act of
1994 (Pub. L. No. 103-448).
(2) Administer those functions relating to the distribution and
donation of agricultural commodities and products thereof under the
following legislation:
(i) Clause (3) of section 416(a) of the Agricultural Act of 1949,
as amended (7 U.S.C. 1431(a)), except the estimate and announcement of
the types and varieties of food commodities, and the quantities
thereof, to become available for distribution thereunder;
(ii) Section 709 of the Food and Agriculture Act of 1965, as
amended (7 U.S.C. 1446a-1);
(iii) Section 32 of the Act of August 24, 1935, as amended (7
U.S.C. 612c), as supplemented by the Act of June 28, 1937 (15 U.S.C.
713c), and related legislation;
(iv) Section 9 of the Act of September 6, 1958 (7 U.S.C. 1431b);
(v) Section 210 of the Agricultural Act of 1956 (7 U.S.C. 1859),
except with respect to donations to Federal penal and correctional
institutions;
(vi) Section 402 of the Mutual Security Act of 1954, as amended (22
U.S.C. 1922);
(vii) Section 311 of the Older Americans Act of 1965, as amended
(42 U.S.C. 3030a);
(viii) Sections 412 and 413(b) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5179, 5180(b));
(ix) Sections 4 and 5 of the Agriculture and Consumer Protection
Act of 1973, as amended (7 U.S.C. 612c note);
(x) Section 1114 of the Agriculture and Food Act of 1981, as
amended (7 U.S.C. 1431e);
(xi) Section 1336 of the Agriculture and Food Act of 1981 (Pub. L.
No. 97-98);
(xii) Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note);
(xiii) Sections 3(b)-(i), 3A and 4 of the Commodity Distribution
Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c note); and
(xiv) Section 110 of the Hunger Prevention Act of 1988 (7 U.S.C.
612c note).
(3) Administer those functions relating to the distribution of food
coupons under section 412 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act 42 U.S.C. 5179).
(4) In connection with the functions assigned in paragraphs (a)(1),
(a)(2), and (a)(3) of this section, relating to the distribution and
donation of agricultural commodities and products thereof and food
coupons to eligible recipients, authority to determine the requirements
for such agricultural commodities and products thereof and food coupons
to be so distributed.
(5) Receive donation of food commodities under clause (3) of
section 416(a) of the Agricultural Act of 1949, as amended, section 709
of the Food and Agriculture Act of 1965, as amended, section 5 of the
Agriculture and Consumer Protection Act of 1973, section 1114(a) of the
Agriculture and Food Act of 1981, and section 202(a) and 202A of the
Emergency Food Assistance Act of 1983.
(6) Authorize defense emergency food stamp assistance.
(7) Develop and implement USDA policy and procedural guidelines for
carrying out the Department's Consumer Affairs Plan.
(8) Advise the Secretary and other policy level officials of the
Department on consumer affairs policies and programs.
(9) Coordinate USDA consumer affairs activities and monitor and
analyze agency procedures and performance.
(10) Represent the Department at conferences, meetings and other
contacts where consumer affairs issues are discussed, including liaison
with the White House and other governmental agencies and departments.
(11) Work with the Office of Budget and Program Analysis and the
Office of Communications to ensure coordination of USDA consumer
affairs and public participation programs, policies and information,
and to prevent duplication of responsibilities.
[[Page 31816]]
(12) Serve as a consumer ombudsman and communication link between
consumers and the Department.
(13) Approve the designation of agency Consumer Affairs Contacts.
(b) [Reserved]
Subpart J--Delegations of Authority by the Under Secretary for
Natural Resources and Environment
Sec. 2.59 Deputy Under Secretaries for Natural Resources and
Environment.
Pursuant to Sec. 2.20(a), subject to reservations in Sec. 2.20(b),
and subject to policy guidance and direction by the Under Secretary,
the following delegation of authority is made by the Under Secretary
for Natural Resources and Environment to the Deputy Under Secretaries
for Natural Resources and Environment, to be exercised only during the
absence or unavailability of the Under Secretary: Perform all the
duties and exercise all the powers which are now or which may hereafter
be delegated to the Under Secretary for Natural Resources and
Environment. Provided, that, except in the absence of both the Under
Secretary and a Deputy Under Secretary, this authority shall be
exercised by the respective Deputy Under Secretary only with respect to
the area or responsibility assigned to him or her.
Sec. 2.60 Chief, Forest Service.
(a) Delgations. Pursuant to Secs. 2.20(a)(1), (a)(2), (a)(6),
(a)(7)(ii) and (a)(8), the following delegations of authority are made
by the Under Secretary for Natural Resources and Environment to the
Chief of the Forest Service:
(1) Provide national leadership in forestry. (As used here and
elsewhere in this section, the term ``forestry'' encompasses renewable
and nonrenewable resources of forests, including lands governed by the
Alaska National Interest Lands Conservation Act, forest-related
rangeland, grassland, brushland, woodland, and alpine areas including
but not limited to recreation, range, timber, minerals, watershed,
wildlife and fish; natural scenic, scientific, cultural, and historic
values of forests and related lands; and derivative values such as
economic strength and social well being).
(2) Protect, manage, and administer the national forests, national
forest purchase units, national grasslands, and other lands and
interests in lands administered by the Forest Service, which
collectively are designated as the National Forest System. This
delegation covers the acquisition and disposition of lands and interest
in lands as may be authorized for the protection, management, and
administration of the National Forest System, except that the authority
to approve acquisition of land under the Weeks Act of March 1, 1911, as
amended, and special forest receipts acts (Pub. L. No. 337, 74th Cong.,
49 Stat. 866, as amended by Pub. L. No. 310, 78th Cong., 58 Stat. 227;
Pub. L. No. 505, 75th Cong., 52 Stat. 347, as amended by Pub. L. No.
310, 78th Cong., 58 Stat. 227; Pub. L. No. 634, 75th Cong., 52 Stat.
699, as amended by Pub. L. No. 310, 78th Cong., 58 Stat. 227; Pub. L.
No. 748, 75th Cong., 52 Stat. 1205, as amended by Pub. L. No. 310, 78th
Cong., 58 Stat. 227; Pub. L. No. 427, 76th Cong., 54 Stat. 46; Pub. L.
No. 589, 76th Cong., 54 Stat. 297; Pub. L. No. 591, 76th Cong., 54
Stat. 299; Pub. L. No. 637, 76th Cong., 54 Stat. 402; Pub. L. No. 781,
84th Cong., 70 Stat. 632) is limited to acquisitions of less than
$250,000 in value.
(3) As necessary for administrative purposes, divide into and
designate as national forests any lands of 3,000 acres or less which
are acquired under or subject to the Weeks Act of March 1, 1911, as
amended, and which are contiguous to existing national forest
boundaries established under the authority of the Weeks Act.
(4) Plan and administer wildlife and fish conservation
rehabilitation and habitat management programs on National Forest
System lands, pursuant to 16 U.S.C. 670g, 670h, and 670o.
(5) For the purposes of the National Forests System Drug Control
Act of 1986 (16 U.S.C. 559-f), specifically designate certain specially
trained officers and employees of the Forest Service, not exceeding
500, to have authority in the performance of their duties within the
boundaries of the National Forest System:
(i) To carry firearms;
(ii) To enforce and conduct investigations of violations of section
401 of the Controlled Substance Act (21 U.S.C. 481) and other criminal
violations relating to marijuana and other controlled substances that
are manufactured, distributed, or dispensed on National Forest System
lands;
(iii) To make arrests with a warrant or process for misdemeanor
violations, or without a warrant for violations of such misdemeanors
that any such officer or employee has probable cause to believe are
being committed in that employee's presence or view, or for a felony
with a warrant or without a warrant if that employee has probable cause
to believe that the person being arrested has committed or is
committing such a felony;
(iv) To serve warrants and other process issued by a court or
officer of competent jurisdiction;
(v) To search, with or without a warrant or process, any person,
place, or conveyance according to Federal law or rule of law; and
(vi) To seize, with or without warrant or process, any evidentiary
item according to Federal law or rule of law.
(6) Cooperate with the law enforcement officials of any Federal
agency, State, or political subdivision, in the investigation of
violations of, and enforcement of, section 401 of the Controlled
Substances Act (21 U.S.C. 841), other laws and regulations relating to
marijuana and other controlled substances, and State drug control laws
or ordinances, within the boundaries of the National Forest System.
(7) Administer programs under section 23 of the Federal Highway Act
(23 U.S.C. 101(a), 120(f), 125(a)-(c), 138, 202(a)-(b), 203, 204(a)-
(h), 205(a)-(d), 211, 317, 401(a)).
(8) Administer provisions of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1272, 1305) as they relate to
management of the National Forest System.
(9) Conduct, support, and cooperate in investigations, experiments,
tests, and other activities deemed necessary to obtain, analyze,
develop, demonstrate, and disseminate scientific information about
protecting, managing, and utilizing forest and rangeland renewable
resources in rural, suburban, and urban areas in the United States and
foreign countries. The activities conducted, supported, or cooperated
in shall include, but not be limited to: renewable resource management
research; renewable resource environmental research; renewable resource
protection research, renewable resource utilization research, and
renewable resource assessment research (16 U.S.C. 1641-1647).
(10) Use authorities and means available to disseminate the
knowledge and technology developed from forestry research (16 U.S.C.
1645).
(11) Coordinate activities with other agencies in USDA, other
Federal and State agencies, forestry schools, and private entities and
individuals (16 U.S.C. 1643).
(12) Enter into contracts, grants, and cooperative agreements for
the support of scientific research in forestry activities (7 U.S.C.
427i(a), 1624; 16 U.S.C. 582a-8, 1643-1645, 1649).
(13) Enter into cooperative research and development agreements
with industry, universities, and others; institute a cash award program
to
[[Page 31817]]
reward scientific, engineering, and technical personnel; award
royalties to inventors; and retain and use royalty income (15 U.S.C.
3710a-3710c).
(14) Enter into contracts, grants, or cooperative agreements to
further research, extension, or teaching programs in the food and
agricultural sciences (7 U.S.C. 3152, 3318).
(15) Enter into cost-reimbursable agreements relating to
agricultural research, extension, or teaching activities (7 U.S.C.
3319a).
(16) Administer programs of cooperative forestry assistance in the
protection, conservation, and multiple resource management of forests
and related resources in both rural and urban areas and forest lands in
foreign countries (16 U.S.C. 2101-2114).
(17) Provide assistance to States and other units of government in
forest resources planning and forestry rural revitalization (7 U.S.C.
6601, 6611-6617; 16 U.S.C. 2107).
(18) Conduct a program of technology implementation for State
forestry personnel, private forest landowners and managers, vendors,
forest operators, public agencies, and individuals (16 U.S.C. 2107).
(19) Administer rural fire protection and control program (16
U.S.C. 2106).
(20) Provide technical assistance on forestry technology or the
implementation of the conservation reserve and softwood timber programs
authorized in sections 1231-1244 and 1254 of the Food Security Act of
1985 (16 U.S.C. 3831-3844; 7 U.S.C. 1981 note).
(21) Administer forest insect, disease, and other pest management
programs (16 U.S.C. 2104).
(22) Exercise the custodial functions of the Secretary for lands
and interests in lands under lease or contract of sale to States and
local agencies pursuant to title III of the Bankhead-Jones Farm Tenant
Act and administer reserved and reversionary interests in lands
conveyed under that Act (7 U.S.C. 1010-1012).
(23) Under such general program criteria and procedures as may be
established by the Natural Resources Conservation Service:
(i) Administer the forestry aspects of the programs listed in
paragraphs (a)(23)(i)(A), (B), and (C) of this section on the National
Forest System, rangelands with national forest boundaries, adjacent
rangelands which are administered under formal agreement, and other
forest lands:
(A) The cooperative river basin surveys and investigations program
(16 U.S.C. 1006);
(B) The eleven authorized watershed improvement programs and
emergency flood prevention measures program under the Flood Control Act
(33 U.S.C. 701b-1);
(C) The small watershed protection program under the Pilot
Watershed Protection and Watershed Protection and Flood Prevention Acts
(7 U.S.C. 701a-h; 16 U.S.C. 1001-1009).
(ii) Exercise responsibility in connection with the forestry
aspects of the resource conservation and development program authorized
by title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(e)).
(24) Provide assistance to the Farm Service Agency in connection
with the agricultural conservation program, the naval stores
conservation program, and the cropland conversion program (16 U.S.C.
590g-q).
(25) Provide assistance to the Rural Housing and Community
Development Service in connection with grants and loans under authority
of section 303 of the Consolidated Farm and Rural Development Act, 7
U.S.C. 1923; and consultation with the Department of Housing and Urban
Development under the authority of 40 U.S.C. 461(e).
(26) Coordinate mapping work of USDA including:
(i) Clearing mapping projects to prevent duplication;
(ii) Keeping a record of mapping done by USDA agencies;
(iii) Preparing and submitting required USDA reports;
(iv) Serving as liaison on mapping with the Office of Management
and Budget, Department of the Interior, and other departments and
establishments;
(v) Promoting interchange of technical mapping information,
including techniques which may reduce costs or improve quality; and
(vi) Maintaining the mapping records formerly maintained by the
Office of Operations.
(27) Administer the radio frequency licensing work of USDA,
including:
(i) Representing USDA on the Interdepartmental Radio Advisory
Committee and its Frequency Assignment Subcommittee of the National
Telecommunications and Information Administration, Department of
Commerce;
(ii) Establishing policies, standards, and procedures for allotting
and assigning frequencies within USDA and for obtaining effective
utilization of them;
(iii) Providing licensing action necessary to assign radio
frequencies for use by the agencies of USDA and maintenance of the
records necessary in connection therewith; and
(iv) Providing inspection of USDA's radio operations to ensure
compliance with national and international regulations and policies for
radio frequency use.
(28) Represent USDA in all matters relating to responsibilities and
authorities under the Federal Water Power Act, as amended (16 U.S.C.
791-823).
(29) [Reserved]
(30) Administer the Youth Conservation Corps Act (42 U.S.C. precede
2711 note) for USDA.
(31) Establish and operate the Job Corps Civilian Conservation
Centers on National Forest System lands as authorized by title I,
sections 106 and 107 of the Economic Opportunity Act of 1964 (42 U.S.C.
2716-2717), in accordance with the terms of an agreement dated May 11,
1967, between the Secretary of Agriculture and the Secretary of Labor;
and administration of other cooperative manpower training and work
experience programs where the Forest Service serves as host or prime
sponsor with other Departments of Federal, State, or local governments.
(32) Administer the Volunteers in the National Forests Act of 1972
(16 U.S.C. 558a-558d, 558a note).
(33) Exercise the functions of the Secretary of Agriculture
authorized in the Alaska National Interest Lands Conservation Act (16
U.S.C. 3101-3215).
(34) Administer responsibilities and functions assigned under the
Defense Production Act of 1950, as amended (50 U.S.C. App. 2061, et
seq.), and title VI of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5195, et seq.), relating to forests
and forest products, rural fire defense, and forestry research.
(35) Represent USDA on the National Response Team on hazardous
spills pursuant to Pub. L. No. 92-500 (33 U.S.C. 1151 note) and section
4 of Executive Order 11735, 3 CFR, 1971-1975 Comp., p. 793.
(36) Exercise the functions of the Secretary as authorized in the
Wild and Scenic Rivers Act (16 U.S.C. 1271-1278), except for making
recommendations to the President regarding additions to the National
Wild and Scenic Rivers System.
(37) Issue proposed rules relating to the authorities delegated in
this section, issue final rules and regulations as provided in 36 CFR
261.70, issue technical amendments and corrections to final rules
issued by the Secretary or Under Secretary for Natural Resources and
Environment, and issue proposed and final rules necessary and
appropriate to carry out title VIII of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3101-3215)
[[Page 31818]]
with regard to National Forest System Lands.
(38) Jointly administer gypsy moth eradication activities with the
Animal and Plant Health Inspection Service, under the authority of
section 102 of the Organic Act of 1944, as amended; and the Act of
April 6, 1937, as amended (7 U.S.C. 147a, 148, 148a-148e); and the
Talmadge Aiken Act (7 U.S.C. 450), by assuming primary responsibility
for treating isolated gypsy moth infestations on Federal lands, and on
State and private lands contiguous to infested Federal lands, and any
other infestations over 640 acres on State and private lands.
(39) With respect to land and facilities under his or her
authority, to exercise the functions delegated to the Secretary by
Executive Order 12580, 3 CFR, 1987 Comp., p. 193, under the following
provisions of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (``the Act''), as amended:
(i) Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a),
(b), and (c)(4)), with respect to removal and remedial actions in the
event of release or threatened release of a hazardous substance,
pollutant, or contaminant into the environment;
(ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604 (e)-(h)), with
respect to information gathering and access requests and orders;
compliance with Federal health and safety standards and wage and labor
standards applicable to covered work; and emergency procurement powers;
(iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with
respect to the reduction of exposure to significant risk to human
health;
(iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to
the acquisition of real property and interests in real property
required to conduct a remedial action;
(v) The first two sentences of section 105(d) of the Act (42 U.S.C.
9605(d)), with respect to petitions for preliminary assessment of a
release or threatened release;
(vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to
consideration of the availability of qualified minority firms in
awarding contracts, but excluding that portion of section 105(f) of the
Act pertaining to the annual report to Congress;
(vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the
assessment of civil penalties for violations of section 122 of the Act
(42 U.S.C. 9622), and the granting of awards to individuals providing
information;
(viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect
to the designation of officials who may obligate money in the Hazardous
Substances Superfund;
(ix) Section 113(g) of the Act (42 U.S.C. 9613(g)), with respect to
receiving notification of a natural resource trustee's intent to file
suit;
(x) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to
establishing an administrative record upon which to base the selection
of a response action and identifying and notifying potentially
responsible parties;
(xi) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to
preliminary assessment and site inspection of facilities;
(xii) Section 117(a) and (c) of the Act (42 U.S.C. 9617(a) and
(c)), with respect to public participation in the preparation of any
plan for remedial action and explanation of variances from the final
remedial action plan for any remedial action or enforcement action,
including any settlement or consent decree entered into;
(xiii) Section 119 of the Act (42 U.S.C. 9619), with respect to
indemnifying response action contractors;
(xiv) Section 121 of the Act (42 U.S.C. 9621), with respect to
cleanup standards; and
(xv) Section 122 of the Act (42 U.S.C. 9622), with respect to
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C.
9622(b)(1)), related to mixed funding agreements.
(40) Exercise the functions of the Secretary authorized in the
Federal Onshore Oil and Gas Leasing Reform Act of 1987 (30 U.S.C. 226,
et seq.).
(41) With respect to facilities and activities under his or her
authority, to exercise the authority of the Secretary of Agriculture
pursuant to section 1-102 related to compliance with applicable
pollution control standards and section 1-601 of Executive Order 12088,
3 CFR, 1978 Comp., p. 243, to enter into an inter-agency agreement with
the United States Environmental Protection Agency, or an administrative
consent order or a consent judgment in an appropriate United States
District Court with an appropriate State, interstate, or local agency,
containing a plan and schedule to achieve and maintain compliance with
applicable pollution control standards established pursuant to the
following:
(i) Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act, the Hazardous and Solid Waste Amendment,
and the Federal Facility Compliance Act (42 U.S.C. 6901, et seq.);
(ii) Federal Water Pollution Prevention and Control Act, as amended
(33 U.S.C. 1251, et seq.);
(iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f, et
seq.);
(iv) Clean Air Act, as amended (42 U.S.C. 7401, et seq.);
(v) Noise Control Act of 1972, as amended (42 U.S.C. 4901, et
seq.);
(vi) Toxic Substances Control Act, as amended, (15 U.S.C. 2601, et
seq.);
(vii) Federal Insecticide, Fungicide, and Rodenticide Act, as
amended (7 U.S.C. 136, et seq.); and
(viii) Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended by the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. 9601, et seq.).
(42) With respect to land and facilities under his or her
authority, exercise the functions delegated to the Secretary by
Executive Order 12580, 3 CFR, 1987 Comp., p. 193, and Executive Order
12777, 3 CFR, 1991 Comp., p. 351, to act as Federal trustee for natural
resources in accordance with section 107(f) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C 9607(f)), section 311(f)(5) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(f)(5)), and section 1006(b)(2) of the Oil
Pollution Act of 1990 (33 U.S.C. 2706(b)(2)).
(43) With respect to land and facilities under his or her
authority, to exercise the authority vested in the Secretary of
Agriculture to act as the ``Federal Land Manager'' pursuant to the
Clean Air Act, as amended, 42 U.S.C. 7401, et seq.
(44) Administer the Public Lands Corps program (16 U.S.C. 1721, et
seq.) for USDA consistent with the Department's overall national
service program.
(45) Jointly administer the Forestry Incentives Program with the
Natural Resources Conservation Service, in consultation with State
Foresters, under section 4 of the Cooperative Forestry Assistance Act
of 1978 (16 U.S.C. 2103).
(46) Focusing on countries that could have a substantial impact on
global warming, provide assistance that promotes sustainable
development and global environmental stability; share technical,
managerial, extension, and administrative skills; provide education and
training opportunities; engage in scientific exchange; and cooperate
with domestic and international organizations that further
international programs for the management and protection of forests,
rangelands, wildlife, fisheries and related natural resources (16
U.S.C. 4501-4505).
(b) Reservations. The following authorities are reserved to the
Under
[[Page 31819]]
Secretary for Natural Resources and Environment:
(1) The authority to issue final rules and regulations relating to
the administration of Forest Service programs, except as provided in 36
CFR 261.70 and Sec. 2.60(a)(37).
(2) As deemed necessary for administrative purposes, the authority
to divide into and designate as national forests any lands of more than
3,000 acres acquired under or subject to the Weeks Act of March 1,
1911, as amended (16 U.S.C. 521).
(3) The authority to make recommendations to the Administrator of
General Services regarding transfer to other Federal, State, or
Territorial agencies lands acquired under the Bankhead-Jones Farm
Tenant Act, together with recommendations on the conditions of use and
administration of such lands, pursuant to the provisions of section
32(c) of title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C.
1011(c), and Executive Order No. 11609, 3 CFR, 1971-1975 Comp., p.
586).
(4) Making recommendations to the President for establishing new
units or adding to existing units of the National Wild and Scenic
Rivers System (16 U.S.C. 1271-1278); National Scenic Trails System (16
U.S.C. 1241-1249) and the National Wilderness Preservation System (16
U.S.C. 1131-1136).
(5) Signing of declarations of taking and requests for condemnation
of property as authorized by law to carry out the mission of the Forest
Service (40 U.S.C. 257).
(6) Approval of acquisition of land under the Weeks Act of March 1,
1911, as amended (16 U.S.C. 521), and special forest receipts acts
(Pub. L. No. 337, 74th Cong., 49 Stat. 866, as amended by Pub. L. No.
310, 78th Cong., 58 Stat. 227; Pub. L. No. 505, 75th Cong., 52 Stat.
347, as amended by Pub. L. No. 310, 78th Cong., 58 Stat. 227; Pub. L.
No. 634, 75th Cong., 52 Stat. 699, as amended by Pub. L. No. 310, 78th
Cong., 58 Stat. 227; Pub. L. No. 748, 75th Cong., 52 Stat. 1205, as
amended by Pub. L. No. 310, 78th Cong., 58 Stat. 227; Pub. L. No. 427,
76th Cong., 54 Stat. 46; Pub. L. No. 589, 76th Cong., 54 Stat. 297;
Pub. L. No. 591, 76th Cong., 54 Stat. 299; Pub. L. No. 637, 76th Cong.,
54 Stat. 402; Pub. L. No. 781, 84th Cong., 70 Stat. 632) of $250,000 or
more in value for national forest purposes.
Sec. 2.61 Chief, Natural Resources Conservation Service.
(a) Delegations. Pursuant to Secs. 2.20(a)(1), (a)(3), (a)(5),
(a)(6), (a)(7)(ii) and (a)(8), subject to reservations in
Sec. 2.20(b)(1), the following delegations of authority are made by the
Under Secretary for Natural Resources and Environment to the Chief of
the Natural Resources Conservation Service:
(1) Provide national leadership in the conservation, development
and productive use of the Nation's soil, water, and related resources.
Such leadership encompasses soil, water, plant, and wildlife
conservation; small watershed protection and flood prevention; and
resource conservation and development. Integrated in these programs are
erosion control, sediment reduction, pollution abatement, land use
planning, multiple use, improvement of water quality, and several
surveying and monitoring activities related to environmental
improvement. All are designed to assure:
(i) Quality in the natural resource base for sustained use;
(ii) Quality in the environment to provide attractive, convenient,
and satisfying places to live, work, and play; and
(iii) Quality in the standard of living based on community
improvement and adequate income.
(2) Provide national leadership in evaluating and coordinating land
use policy, and administer the Farmland Protection Policy Act (7 U.S.C.
4201, et seq.), including the Farms for the Future Program authorized
by sections 1465-1470 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 4201 note), except as otherwise delegated to the
Administrator, Agricultural Research Service in Sec. 2.65(a)(80) and
the Administrator, Cooperative State Research, Education, and Extension
Service in Sec. 2.66(a)(76).
(3) Administer the basic program of soil and water conservation
under Pub. L. No. 46, 74th Congress, as amended, and related laws (16
U.S.C. 590a-f, 1-1, q, q-1; 42 U.S.C. 3271-3274; 7 U.S.C. 2201),
including:
(i) Technical and financial assistance to land users in carrying
out locally adapted soil and water conservation programs primarily
through soil and water conservation districts in the several States,
the District of Columbia, the Commonwealth of Puerto Rico, and the
Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the
Virgin Islands, and Federally recognized Native American tribes, but
also to communities, watershed groups, Federal and State agencies, and
other cooperators. This authority includes such assistance as:
(A) Comprehensive planning assistance in nonmetropolitan districts;
(B) Assistance in the field of income-producing recreation on rural
non-Federal lands;
(C) Forestry assistance, as part of total technical assistance to
private land owners and land users when such services are an integral
part of land management and such services are not available from a
State agency; and forestry services in connection with windbreaks and
shelter belts to prevent wind and water erosion of lands;
(D) Assistance in developing programs relating to natural beauty;
and
(E) Assistance to other USDA agencies in connection with the
administration of their programs, as follows:
(1) To the Farm Service Agency in the development and technical
servicing of certain programs, such as the Agricultural Conservation
Program and other such similar conservation programs;
(2) To the Rural Housing and Community Development Service in
connection with their loan and land disposition programs.
(ii) Soil Surveys, including:
(A) Providing leadership for the Federal part of the National
Cooperative Soil Survey which includes conducting and publishing soil
surveys;
(B) Conducting soil surveys for resource planning and development;
and
(C) Performing the cartographic services essential to carrying out
the functions of the Natural Resources Conservation Service, including
furnishing photographs, mosaics, and maps.
(iii) Conducting and coordinating snow surveys and making water
supply forecasts pursuant to Reorganization Plan No. IV of 1940 (5
U.S.C. App.);
(iv) Operating plant materials centers for the assembly and testing
of plant species in conservation programs, including the use,
administration, and disposition of lands under the administration of
the Natural Resources Conservation Service for such purposes under
title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1011);
and
(v) Providing leadership in the inventorying and monitoring of
soil, water, land, and related resources of the Nation.
(4) Administer the Watershed Protection and Flood Prevention
Programs, including:
(i) The eleven authorized watershed projects authorized under 33
U.S.C. 702b-1, except for responsibilities assigned to the Forest
Service;
(ii) The emergency flood control work under 33 U.S.C. 701b-1,
except for
[[Page 31820]]
responsibilities assigned to the Forest Service;
(iii) The Cooperative River Basin Surveys and Investigations
Programs under 16 U.S.C. 1006, except for responsibilities assigned to
the Forest Service;
(iv) The pilot watershed projects under 16 U.S.C. 590a-f, and 16
U.S.C. 1001-1009, except for responsibilities assigned to the Forest
Service;
(v) The Watershed Protection and Flood Prevention Program under 16
U.S.C. 1001-1009, except for responsibilities assigned to the Rural
Housing and Community Development Service and the Forest Service;
(vi) The joint investigations and surveys with the Department of
the Army under 16 U.S.C. 1009; and
(vii) The Emergency Conservation Program under sections 401-405 of
the Agricultural Credit Act of 1978 (the Act), 16 U.S.C. 2201, et seq.,
except for the provisions of sections 401 and 402 of the Act, 16 U.S.C.
2201-2202, as administered by the Farm Service Agency.
(5) Administer the Great Plains Conservation Program and the
Critical Lands Resources Conservation Program under 16 U.S.C. 590p(b).
(6) Administer the Resource Conservation and Development Program
under 16 U.S.C. 590a-f; 7 U.S.C. 1010-1011; and 16 U.S.C. 3451-3461,
except for responsibilities assigned to the Rural Utilities Service.
(7) Responsibility for entering into long-term contracts for
carrying out conservation and environmental measures in watershed
areas.
(8) Provide national leadership for and administer the Soil and
Water Resources Conservation Act of 1977 (16 U.S.C. 2001, et seq.),
except for responsibilities assigned to other USDA agencies.
(9) Administer Rural Clean Water Program and other responsibilities
assigned under section 35 of the Clean Water Act of 1977 (33 U.S.C.
1251, et seq.).
(10) Monitor actions and progress of USDA in complying with
Executive Order 11988, Flood Plain Management, 3 CFR, 1977 Comp., p.
117, and Executive Order 11990, Protection of Wetlands, 3 CFR, 1977
Comp., p. 121, regarding management of floodplains and protection of
wetlands; monitor USDA efforts on protection of important agricultural,
forest and rangelands; and provide staff assistance to the USDA Natural
Resources and Environment Committee.
(11) Administer the search and rescue operations authorized under 7
U.S.C. 2273.
(12) Administer section 202(c) of the Colorado River Basin Salinity
Control Act, 43 U.S.C. 1592(c) including:
(i) Identify salt source areas and determine the salt load
resulting from irrigation and watershed management practices;
(ii) Conduct salinity control studies of irrigated salt source
areas;
(iii) Provide technical and financial assistance in the
implementation of salinity control projects including the development
of salinity control plans, technical services for application, and
certification of practice applications;
(iv) Develop plans for implementing measures that will reduce the
salt load of the Colorado River;
(v) Develop and implement long-term monitoring and evaluation plans
to measure and report progress and accomplishments in achieving program
objectives; and
(vi) Enter into and administer contracts with program participants
and waive cost-sharing requirements when such cost-sharing requirements
would result in a failure to proceed with needed on-farm measures.
(13) Administer natural resources conservation authorities under
title XII of the Food Security Act of 1985 (Act), as amended (16 U.S.C.
3801, et seq.), including responsibilities for:
(i) the conservation of highly erodible lands and wetlands pursuant
to sections 1211-1223 of the Act (16 U.S.C. 3811-3823);
(ii) technical assistance related to soil and water conservation
technology for the implementation and administration of the
Conservation Reserve Program authorized by sections 1231-1244 of the
Act, as amended (16 U.S.C. 3831-3844);
(iii) the Environmental Easement Program authorized by sections
1239-1239d of the Act (16 U.S.C. 3839-3839d);
(iv) the Agricultural Water Quality Improvement Program authorized
by sections 1238-1238f of the Act, as amended (16 U.S.C. 3838-3838f);
and
(v) the Wetland Reserve Program and the Emergency Wetlands Reserve
Program authorized by sections 1237-1237f of the Act, as amended (16
U.S.C. 3837-3837f), and the Emergency Supplemental Appropriations for
Relief From the Major, Widespread Flooding in the Midwest Act of 1993,
Pub. L. No. 103-75.
(14) Approve and transmit to the Congress comprehensive river basin
reports.
(15) Provide representation on the Water Resources Council and
river basin commissions created by 42 U.S.C. 1962, and on river basin
interagency committees.
(16) Jointly administer the Forestry Incentives Program with the
Forest Service, in consultation with State Foresters, under section 4
of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103).
(17) Administer the Water Bank Program under the Water Bank Act (16
U.S.C. 1301, et seq.).
(18) Administer water quality activities under the Agriculture and
Water Policy Coordination Act, subtitle G, title XIV of the Food,
Agriculture, Conservation, and Trade Act of 1990, as amended (7 U.S.C.
5501-5505).
(19) Administer the Rural Environmental Conservation Program
authorized by sections 1001-1010 of the Agriculture Act of 1970, as
amended (16 U.S.C. 1501-1510).
(20) Coordinate USDA input and assistance to the Department of
Commerce and other Federal agencies consistent with section 307 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1456), and coordinate
USDA review of qualifying state and local government coastal management
plans or programs prepared under such Act and submitted to the
Secretary of Commerce, consistent with section 306(a) and (c) of such
Act (16 U.S.C. 1455(a) and (c)).
(21) Administer responsibilities and functions assigned under the
Defense Production Act of 1950, as amended (50 U.S.C. App. 2061, et
seq.), and title VI of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5195, et seq.), relating to
agricultural lands and water.
(22) Administer the Abandoned Mine Reclamation Program for Rural
Lands and other responsibilities assigned under the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1201, et seq.), except
for responsibilities assigned to the Forest Service.
(23) With respect to land and facilities under his or her
authority, to exercise the functions delegated to the Secretary by
Executive Order 12580, 3 CFR, 1987 Comp., p. 193, under the following
provisions of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (``the Act''), as amended:
(i) Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a),
(b), and (c)(4)), with respect to removal and remedial actions in the
event of release or threatened release of a hazardous substance,
pollutant, or contaminant into the environment;
(ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604 (e)-(h)), with
respect to information gathering and access requests and orders;
compliance with Federal health and safety standards and
[[Page 31821]]
wage and labor standards applicable to covered work; and emergency
procurement powers;
(iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with
respect to the reduction of exposure to significant risk to human
health;
(iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to
the acquisition of real property and interests in real property
required to conduct a remedial action;
(v) The first two sentences of section 105(d) of the Act (42 U.S.C.
9605(d)), with respect to petitions for preliminary assessment of a
release or threatened release;
(vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to
consideration of the availability of qualified minority firms in
awarding contracts, but excluding that portion of section 105(f) of the
Act pertaining to the annual report to Congress;
(vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the
assessment of civil penalties for violations of section 122 of the Act
(42 U.S.C. 9622) and the granting of awards to individuals providing
information;
(viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect
to the designation of officials who may obligate money in the Hazardous
Substances Superfund;
(ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to
establishing an administrative record upon which to base the selection
of a response action and identifying and notifying potentially
responsible parties;
(x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to
preliminary assessment and site inspection of facilities;
(xi) Section 117(a) and (c) of the Act (42 U.S.C. 9617(a) and (c)),
with respect to public participation in the preparation of any plan for
remedial action and explanation of variances from the final remedial
action plan for any remedial action or enforcement action, including
any settlement or consent decree entered into;
(xii) Section 119 of the Act (42 U.S.C. 9619), with respect to
indemnifying response action contractors;
(xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to
cleanup standards; and
(xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to
settlement, but excluding section 122(b)(1) of the Act (42 U.S.C.
9633(b)(1)), related to mixed funding agreements.
(24) With respect to facilities and activities under his or her
authority, to exercise the authority of the Secretary of Agriculture
pursuant to section 1-102 related to compliance with applicable
pollution control standards and section 1-601 of Executive Order 12088,
3 CFR, 1978 Comp., p. 243, to enter into an inter-agency agreement with
the United States Environmental Protection Agency, or an administrative
consent order or a consent judgment in an appropriate United States
District Court with an appropriate State, interstate, or local agency,
containing a plan and schedule to achieve and maintain compliance with
applicable pollution control standards established pursuant to the
following:
(i) Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act, the Hazardous and Solid Waste
Amendments, and the Federal Facility Compliance Act (42 U.S.C. 6901, et
seq.);
(ii) Federal Water Pollution Prevention and Control Act, as amended
(33 U.S.C. 1251, et seq.);
(iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f, et
seq.);
(iv) Clean Air Act, as amended (42 U.S.C. 7401, et seq.);
(v) Noise Control Act of 1972, as amended (42 U.S.C. 4901, et
seq.);
(vi) Toxic Substances Control Act, as amended, (15 U.S.C. 2601, et
seq.);
(vii) Federal Insecticide, Fungicide, and Rodenticide Act, as
amended (7 U.S.C. 136, et seq.); and
(viii) Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended by the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. 9601, et seq.).
(b) Reservations. The following authorities are reserved to the
Under Secretary for Natural Resources and Environment:
(1) Executing cooperative agreements and memoranda of understanding
for multi-agency cooperation with conservation districts and other
districts organized for soil and water conservation within States,
territories, possessions, and American Indian Nations.
(2) Approving additions to authorized Resource Conservation and
Development Projects that designate new project areas in which resource
conservation and development program assistance will be provided, and
withdrawing authorization for assistance, pursuant to 16 U.S.C. 590a-f;
7 U.S.C. 1010-1011; 16 U.S.C. 3451-3461.
(3) Giving final approval to and transmitting to the Congress
watershed work plans that require congressional approval.
Subpart K--Delegations of Authority by the Under Secretary for
Research, Education, and Economics
Sec. 2.63 Deputy Under Secretary for Research, Education, and
Economics.
Pursuant to Sec. 2.21(a), subject to reservations in Sec. 2.21(b),
and subject to policy guidance and direction by the Under Secretary,
the following delegation of authority is made by the Under Secretary
for Research, Education, and Economics, to be exercised only during the
absence or unavailability of the Under Secretary: Perform all the
duties and exercise all the powers which are now or which may hereafter
be delegated to the Under Secretary for Research, Education, and
Economics.
Sec. 2.65 Administrator, Agricultural Research Service.
(a) Delegations. Pursuant to Secs. 2.21(a)(1), (a)(3) and (a)(5)
through (a)(7), subject to reservations in Sec. 2.21(b)(1), the
following delegations of authority are made by the Under Secretary for
Research, Education, and Economics to the Administrator, Agricultural
Research Service:
(1) Coordinate USDA policy relative to the Federal Insecticide,
Fungicide, and Rodenticide Act, as amended (7 U.S.C. 136, et seq.) and
coordinate the Department's Integrated Pest Management Programs and the
Pesticide Assessment Program (7 U.S.C. 136-136y).
(2) Conduct research related to the economic feasibility of the
manufacture and commercialization of natural rubber from hydrocarbon-
containing plants (7 U.S.C. 178-178n).
(3) Conduct research on the control of undesirable species of
honeybees in cooperation with specific foreign governments (7 U.S.C.
284).
(4) Conduct research concerning domestic animals and poultry, their
protection and use, the causes of contagious, infectious, and
communicable diseases, and the means for the prevention and cure of the
same (7 U.S.C. 391).
(5) Conduct research related to the dairy industry and to the
dissemination of information for the promotion of the dairy industry (7
U.S.C. 402).
(6) Conduct research and demonstrations at Mandan, ND, related to
dairy livestock breeding, growing, and feeding, and other problems
pertaining to the establishment of the dairy and livestock industries
(7 U.S.C. 421-422).
(7) Conduct research on new uses for cotton and on cotton ginning
and processing (7 U.S.C. 423-424).
[[Page 31822]]
(8) Conduct research into the basic problems of agriculture in its
broadest aspects, including, but not limited to, production, marketing
(other than statistical and economic research but including research
related to family use of resources), distribution, processing, and
utilization of plant and animal commodities; problems of human
nutrition; development of markets for agricultural commodities;
discovery, introduction, and breeding of new crops, plants, animals,
both foreign and native; conservation development; and development of
efficient use of farm buildings, homes, and farm machinery except as
otherwise delegated in Secs. 2.22(a)(1)(ii) and 2.79(a)(2) (7 U.S.C.
427, 1621-1627, 1629, 2201 and 2204).
(9) Conduct research on varietal improvement of wheat and feed
grains to enhance their conservation and environmental qualities (7
U.S.C. 428b).
(10) Advance the livestock and agricultural interests of the United
States, including the breeding of horses suited to the needs of the
United States (7 U.S.C. 437).
(11) Enter into agreements with and receive funds from any State,
other political subdivision, organization, or individual for the
purpose of conducting cooperative research projects (7 U.S.C. 450a).
(12) Make facilities grants and conduct research under the IR-4
program (7 U.S.C. 450i(d) and (e)).
(13) Conduct research related to soil and water conservation,
engineering operations, and methods of cultivation to provide for the
control and prevention of soil erosion (7 U.S.C. 1010 and 16 U.S.C.
590a).
(14) Maintain four regional research laboratories and conduct
research at such laboratories to develop new scientific, chemical, and
technical uses and new and extended markets and outlets for farm
commodities and products and the by-products thereof (7 U.S.C. 1292).
(15) Conduct a Special Cotton Research Program designed to reduce
the cost of producing upland cotton in the United States (7 U.S.C. 1441
note).
(16) Conduct research to formulate new uses for farm and forest
products (7 U.S.C. 1632(b)).
(17) Conduct research to develop and determine methods for the
humane slaughter of livestock (7 U.S.C. 1904).
(18) Provide national leadership and support for research programs
and other research activities in the food and agricultural sciences to
meet major needs and challenges in food and agricultural system
productivity; development of new food, fiber, and energy sources;
agricultural energy use and production; natural resources; promotion of
the health and welfare of people; human nutrition; and international
food and agriculture pursuant to the National Agricultural Research,
Extension, and Teaching Policy Act of 1977, as amended (7 U.S.C. 3101,
et seq.).
(19) Conduct a program of grants to States to expand, renovate, or
improve schools of veterinary medicine (7 U.S.C. 3151).
(20) Administer the National Agricultural Science Award for
research or advanced studies in the food and agricultural sciences (7
U.S.C. 3153).
(21) Conduct program evaluations to improve the administration and
effectiveness of agricultural research and education programs (7 U.S.C.
3317).
(22) Enter into contracts, grants, or cooperative agreements to
further research programs and library and related information programs
supporting research, extension, and teaching programs in the food and
agricultural sciences (7 U.S.C. 3318).
(23) Enter into cost-reimbursable agreements relating to
agricultural research, teaching and to further library and related
information programs supporting research, extension and teaching
programs in the food and agricultural sciences (7 U.S.C. 3319a).
(24) Conduct research for the development of supplemental and
alternative crops (7 U.S.C. 3319d).
(25) Conduct research on potential uses for compost from
agricultural wastes, including evaluating the application of compost on
soil, plants, and crops (7 U.S.C. 3130).
(26) Reserved.
(27) Cooperate and work with national and international
institutions, Departments and Ministries of Agriculture in other
nations, land-grant colleges and universities, and other persons
throughout the world in the performance of agricultural research
activities (7 U.S.C. 3291).
(28) Perform research and development at aquacultural research and
development centers (7 U.S.C. 3322).
(29) Conduct a program of basic research on cancer in animals and
birds (7 U.S.C. 3902).
(30) Conduct and coordinate Departmental research programs on water
quality and nutrient management (7 U.S.C. 5504).
(31) Conduct research to optimize crop and livestock production
potential, integrated resource management, and integrated crop
management (7 U.S.C. 5821).
(32) Administer a national research program on genetic resources to
provide for the collection, preservation, and dissemination of genetic
material important to American food and agriculture production (7
U.S.C. 5841).
(33) Conduct remote-sensing and other weather-related research (7
U.S.C. 5852).
(34) Administer grants and conduct research programs to measure
microbiological and chemical agents associated with the production,
preparation, processing, handling, and storage of agricultural products
(7 U.S.C. 5871-5874).
(35) Conduct research on integrated pest management, including
research to benefit floriculture (7 U.S.C. 5881).
(36) Conduct research in the control and eradication of exotic
pests (7 U.S.C. 5883).
(37) Conduct research to study the biology and behavior of chinch
bugs (7 U.S.C. 5884).
(38) Administer a grant program for risk assessment research to
address concerns about the environmental effects of biotechnology (7
U.S.C. 5921).
(39) Establish and coordinate USDA programs and conduct basic and
applied research and technology development in the areas of plant
genome structure and function (7 U.S.C. 5924).
(40) Conduct research for the development of technology to
determine animal lean content (7 U.S.C. 5925).
(41) Conduct research to determine the presence of aflatoxin in the
food and feed chains (7 U.S.C. 5925).
(42) Conduct research to develop production methods and commercial
uses of mesquite (7 U.S.C. 5925).
(43) Conduct research to investigate enhanced genetic selection and
processing techniques of prickly pears (7 U.S.C. 5925).
(44) Conduct a research program and administer grants and contracts
for research on the disease of scrapie in sheep and goats (7 U.S.C.
5925).
(45) Conduct basic and applied research in the development of new
commercial products from natural plant materials (7 U.S.C. 5925).
(46) Conduct research on diseases affecting honeybees (7 U.S.C.
5934).
(47) Coordinate USDA policy and programs relating to global climate
change (7 U.S.C. 6701-6703).
(48) Coordinate Departmental policies under the Toxic Substances
Control Act (15 U.S.C. 2601-2629).
(49) With respect to facilities and activities under his or her
authority, to exercise the authority of the Secretary of Agriculture
pursuant to section 1-102 related to compliance with applicable
pollution control standards and section 1-601 of Executive Order 12088,
3 CFR, 1978 Comp., p. 243, to enter into an
[[Page 31823]]
inter-agency agreement with the United States Environmental Protection
Agency, or an administrative consent order or a consent judgment in an
appropriate State, interstate, or local agency, containing a plan and
schedule to achieve and maintain compliance with applicable pollution
control standards established pursuant to the following:
(i) Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act, as further amended by the Hazardous and
Solid Waste Amendments, and the Federal Facility Compliance Act (42
U.S.C. 6901, et seq.);
(ii) Federal Water Pollution Prevention and Control Act, as amended
(33 U.S.C. 1251, et seq.);
(iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f, et
seq.);
(iv) Clean Air Act, as amended (42 U.S.C. 7401, et seq.);
(v) Noise Control Act of 1972, as amended (42 U.S.C. 4901, et
seq.);
(vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601, et
seq.);
(vii) Federal Insecticide, Fungicide, and Rodenticide Act, as
amended (7 U.S.C. 136, et seq.); and
(viii) Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended by the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. 9601, et seq.).
(50) Perform research and administer grants for research and
development in aquaculture (16 U.S.C. 2804).
(51) Maintain a National Arboretum for the purposes of research and
education concerning tree and plant life; accept and administer gifts
or devices of real and personal property for the benefit of the
National Arboretum; and order disbursements from the Treasury (20
U.S.C. 191-195).
(52) Conduct research on foot-and-mouth disease and other animal
diseases (21 U.S.C. 113a).
(53) Conduct research on the control and eradication of cattle
grubs (screwworms) (21 U.S.C. 114e).
(54) Conduct research activities related to farm dwellings and
other buildings for the purposes of reducing costs and adapting and
developing fixtures and appurtenances for more efficient and economical
farm use (42 U.S.C. 1476(b)).
(55) Conduct research on losses of livestock in interstate commerce
due to injury or disease (45 U.S.C. 71 note).
(56) Control within USDA the acquisition, use, and disposal of
material and equipment that may be a source of ionizing radiation
hazard.
(57) Pursuant to the authority delegated by the Administrator of
General Services to the Secretary of Agriculture in 34 FR 6406, 36 FR
1293, 36 FR 18840, and 38 FR 23838, appoint uniformed armed guards and
special policemen, make all needful rules and regulations, and annex to
such rules and regulations such reasonable penalties (not to exceed
those prescribed in 40 U.S.C. 318(c)), as will insure their
enforcement, for the protection of persons, property, buildings, and
grounds of the Arboretum, Washington, DC; the U.S. Meat Animal Research
Center, Clay Center, NE.; the Agricultural Research Center, Beltsville,
MD; and the Animal Disease Center, Plum Island, NY, over which the
United States has exclusive or concurrent criminal jurisdiction, in
accordance with the limitations and requirements of the Federal
Property and Administrative Services Act of 1949, as amended (40 U.S.C.
471, et seq.), the Act of June 1, 1948, as amended (40 U.S.C. 318, et
seq.), and the policies, procedures, and controls prescribed by the
General Services Administration. Any rules or regulations promulgated
under this authority shall be approved by the Director, Office of
Operations, and the General Counsel prior to issuance.
(58) Administer the Department's Patent Program except as delegated
to the General Counsel in Sec. 2.31(e).
(59) Provide management support services for the Economic Research
Service, the Cooperative State Research, Education and Extension
Service, and the National Agricultural Statistics Service as agreed
upon by the agencies with authority to take actions required by law or
regulation. As used herein, the term management support services
includes budget, finance, personnel, procurement, property management,
communications, paperwork management, ADP support, and related
administrative services.
(60) With respect to land and facilities under his or her
authority, exercise the functions delegated to the Secretary by
Executive Order 12580, 3 CFR, 1987 Comp., p. 193, under the following
provisions of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (``the Act''), as amended:
(i) Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a),
(b), and (c)(4)), with respect to removal and remedial actions in the
event of release or threatened release of a hazardous substance,
pollutant, or contaminant into the environment;
(ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with
respect to information gathering and access requests and orders;
compliance with Federal health and safety standards and wage and labor
standards applicable to covered work; and emergency procurement powers;
(iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with
respect to the reduction of exposure to significant risk to human
health;
(iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to
the acquisition of real property and interests in real property
required to conduct a remedial action;
(v) The first two sentences of section 105(d) of the Act (42 U.S.C.
9605(d)), with respect to petitions for preliminary assessment of a
release or threatened release;
(vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to
consideration of the availability of qualified minority firms in
awarding contracts, but excluding that portion of section 105(f)
pertaining to the annual report to Congress;
(vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the
assessment of civil penalties for violations of section 122 of the Act
(42 U.S.C. 9622), and the granting of awards to individuals providing
information;
(viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect
to the designation of officials who may obligate money in the Hazardous
Substances Superfund;
(ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to
establishing an administrative record upon which to base the selection
of a response action and identifying and notifying potentially
responsible parties;
(x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to
preliminary assessment and site inspection of facilities;
(xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and
(c)), with respect to public participation in the preparation of any
plan for remedial action and explanation of variances from the final
remedial action plan for any remedial action or enforcement action,
including any settlement or consent decree entered into;
(xii) Section 119 of the Act (42 U.S.C. 9119), with respect to
indemnifying response action contractors;
(xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to
cleanup standards; and
(xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C.
9622(b)(1)), related to mixed funding agreements.
(61) Carry out research activities authorized in section 202(c) of
the Colorado River Basin Salinity Control Act (43 U.S.C. 1592(c)).
[[Page 31824]]
(62) Perform food and agricultural research in support of functions
assigned to the Department under the Defense Production Act of 1950, as
amended (50 U.S.C. App. 2061, et seq.), and title VI of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195,
et seq.).
(63) Propagate bee-breeding stock and release bee germplasm to the
public (7 U.S.C. 283).
(64) Administer a National Food and Human Nutrition Research
Program under the National Agricultural Research, Extension, and
Teaching Policy Act of 1977, as amended. As used herein the term
``research'' includes:
(i) Research on the nutrient composition of foods and the effects
of agricultural practices, handling, food processing, and cooking on
the nutrients they contain;
(ii) Surveillance of the nutritional benefits provided to
participants in the food programs administered by the Department; and
(iii) Research on the factors affecting food preference and habits
(7 U.S.C. 3171-3175, 3177).
(65) The authority in paragraph (a)(64) of this section includes
the authority to:
(i) Appraise the nutritive content of the U.S. food supply;
(ii) Develop and make available data on the nutrient composition of
foods needed by Federal, State, and local agencies administering food
and nutrition programs, and the general public, to improve the
nutritional quality of diets;
(iii) Coordinate nutrition education research and professional
education projects within the Department; and
(iv) Maintain data generated on food composition in a National
Nutrient Data Bank.
(66) Conduct, in cooperation with the Department of Health and
Human Services, the National Nutrition Monitoring and Related Research
Program. Included in this delegation is the authority to:
(i) Design and carry out periodic nationwide food consumption
surveys to measure household food consumption;
(ii) Design and carry out a continuous, longitudinal individual
intake survey of the United States population and special high-risk
groups; and
(iii) Design and carry out methodological research studies to
develop improved procedures for collecting household and individual
food intake consumption data;
(67) Conduct a program of nutrition education research.
(68) Provide staff support to the Under Secretary for Research,
Education, and Economics related to the Ten-Year Comprehensive Plan and
the Interagency Board for Nutrition Monitoring and Related Research
required by Pub. L. No. 101-445, 7 U.S.C. 5301, et seq.
(69) Obtain and furnish excess property to eligible recipients for
use in the conduct of research and extension programs.
(70) Provide resource information concerning rural electric and
telephone use and rural development efforts (7 U.S.C. 917).
(71) Act as a catalyst to provide access to leadership training and
services programs encompassing private, public, business, and
government entities in cooperation with the Extension Service (7 U.S.C.
950aa-1).
(72) Develop and maintain library and information systems and
networks and facilitate cooperation and coordination of the
agricultural libraries of colleges, universities, USDA, and their
closely allied information gathering and dissemination units in
conjunction with private industry and other research libraries (7
U.S.C. 2201, 2204, 3125a, and 3126).
(73) Accept gifts and order disbursements from the Treasury for the
benefit of the National Agricultural Library or for the carrying out of
any of its functions (7 U.S.C. 2264-2265).
(74) Provide for the dissemination of appropriate rural health and
safety information resources possessed by the National Agricultural
Library Rural Information Center, in cooperation with State educational
program efforts (7 U.S.C. 2662).
(75) Provide national leadership in the development and maintenance
of library and related information systems and other activities to
support the research, extension, and teaching programs in the food and
agricultural sciences pursuant to the National Agricultural Research,
Extension, and Teaching Policy Act of 1977, as amended (7 U.S.C. 3101
and 3121).
(76) Administer the programs and services of the National
Agricultural Library consistent with its charge to serve as the primary
agricultural information resource of the United States and enter into
agreements and receive funds from various entities to conduct National
Agricultural Library activities (7 U.S.C. 3125a).
(77) Provide and distribute information and data about Federal,
State, local, and other rural development assistance programs and
services available to individuals and organizations. To the extent
possible, the National Agricultural Library shall use
telecommunications technology to disseminate such information to rural
areas (7 U.S.C. 3125b).
(78) Assemble and collect food and nutrition educational materials,
including the results of nutrition research, training methods,
procedures, and other materials related to the purposes of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977, as
amended; maintain such information; and provide for the dissemination
of such information and materials on a regular basis to State
educational agencies and other interested parties (7 U.S.C. 3126).
(79) Conduct program evaluations to improve the administration and
efficacy of the National Agricultural Library and related information
systems in the food and agricultural sciences (7 U.S.C. 3317).
(80) Administer the National Agricultural Library, including the
farmland information center, pursuant to section 1544(b) of the
Farmland Protection Policy Act (7 U.S.C. 4205(b)).
(81) Support Department water programs through participation in
State water quality coordination programs and dissemination of
agrichemical information (7 U.S.C. 5503-5506).
(82) Provide a repository of agriculture and ground water quality
planning information (7 U.S.C. 5505).
(83) Disseminate information on materials and methods of pest and
disease control available to agricultural producers through the pest
and disease control database (7 U.S.C. 5882).
(84) Represent the Department on all library and information
science matters before Congressional Committees and appropriate
commissions, and provide representation to the coordinating committees
of the Federal and State governments concerned with library and
information science activities.
(85) Represent the Department in international organizational
activities and on international technical committees concerned with
library and information science activities.
(86) Prepare and disseminate computer files, indexes and abstracts,
bibliographies, reviews and other analytical information tools.
(87) Arrange for the consolidated purchasing and dissemination of
printed and automated indexes, abstracts, journals, and other widely
used information resources and services.
(88) Provide assistance and support to professional organizations
and others concerned with library and information science matters and
issues.
(89) Copy and deliver on demand selected articles and other
materials from the National Agricultural Library's
[[Page 31825]]
collections by photographic reproduction or other means within the
permissions, constraints, and limitations of sections 106, 107, and 108
of the Copyright Act of October 19, 1976 (17 U.S.C. 106, 107 and 108).
(90) Formulate, write, or prescribe bibliographic and technically
related standards for the library and information systems of USDA.
(91) Assure the acquisition, preservation, and accessibility of all
information concerning food and agriculture by providing leadership to
and coordination of the acquisition programs and related activities of
the library and information systems, with the agencies of USDA, other
Federal departments and agencies, State agricultural experiment
stations, colleges and universities, and other research institutions
and organizations.
(92) Determine by survey or other appropriate means, the
information needs of the Department's scientific, professional,
technical, and administrative staffs, its constituencies, and the
general public in the areas of food, agriculture, the environment, and
other related areas.
(b) [Reserved]
Sec. 2.66 Administrator, Cooperative State Research, Education, and
Extension Service.
(a) Delegations. Pursuant to Secs. 2.21(a)(1) and (a)(3), subject
to the reservations in Sec. 2.21(b)(1), the following delegations of
authority are made by the Under Secretary for Research, Education, and
Extension to the Administrator, Cooperative State Research, Education,
and Extension Service.
(1) Administer research and technology development grants related
to the economic feasibility of the manufacture and commercialization of
natural rubber from hydrocarbon-containing plants (7 U.S.C. 178-178n).
(2) Administer the appropriation for the endowment and maintenance
of colleges for the benefit of agriculture and the mechanical arts (7
U.S.C. 321-326a).
(3) Administer teaching funds authorized by section 22 of the
Bankhead Jones Act, as amended (7 U.S.C. 329).
(4) Cooperate with the States for the purpose of encouraging and
assisting them in carrying out research related to the problems of
agriculture in its broadest aspects under the Hatch Act, as amended (7
U.S.C. 361a-361i).
(5) Support agricultural research at eligible institutions in the
States through provision of Federal-grant funds to help financial
physical research facilities (7 U.S.C. 390-390k).
(6) Carry out a program (IR-4 Program) for the collection of
residue and efficacy data in support of minor use pesticide
registration or reregistration and to determine tolerances for minor
use chemical residues in or on agricultural commodities (7 U.S.C.
450i(e)).
(7) Administer a program of competitive grants to State
agricultural experiment stations, colleges and universities, other
research institutions and organizations, Federal agencies, private
organizations or corporations, and individuals for research to further
USDA programs (7 U.S.C. 450i(b)).
(8) Administer a program of special grants to carry out research to
facilitate or expand promising breakthroughs in areas of food and
agricultural sciences and to facilitate or expand ongoing State-Federal
food and agricultural research programs; and administer a program of
facilities grants to renovate and refurbish research spaces (7 U.S.C.
450i (c) and (d)).
(9) Conduct a research and development program to formulate new
uses for farm and forest products (7 U.S.C. 1632(b)).
(10) Administer, in cooperation with the States, a cooperative
rural development and small farm research and extension program under
the Rural Development Act of 1972, as amended (7 U.S.C. 2661-2667).
(11) Provide national leadership and support for cooperative
research and extension programs and other cooperative activities in the
food and agricultural sciences to meet major needs and challenges in
food and agricultural system productivity; development of new food,
fiber, and energy sources; agricultural energy use and production;
natural resources; promotion of the health and welfare of people; human
nutrition; and international food and agriculture pursuant to the
National Agricultural Research, Extension, and Teaching Policy Act of
1977, as amended (7 U.S.C. 3101, et seq.).
(12) Conduct a program of grants to States to expand, renovate, or
improve schools of veterinary medicine (7 U.S.C. 3151).
(13) Administer higher education programs in the food and
agricultural sciences and administer grants to colleges and
universities (7 U.S.C. 3152).
(14) Administer the National Food and Agricultural Sciences
Teaching Awards program for recognition of educators in the food and
agricultural sciences (7 U.S.C. 3152).
(15) Administer grants to colleges, universities, and Federal
laboratories for research on the production and marketing of alcohol
and industrial hydrocarbons from agricultural commodities and forest
products (7 U.S.C. 3154).
(16) Administer a grant, in consultation with the Agricultural
Research Service, for the establishment of a food science and nutrition
research center for the Southeast Region of the United States (7 U.S.C.
3174).
(17) Conduct a program of grants to States to support continuing
animal health and disease research programs under the National
Agricultural Research, Extension, and Teaching Policy Act of 1977, as
amended (7 U.S.C. 3191-3201).
(18) Support continuing agricultural and forestry research and
extension, resident instruction, and facilities improvement at 1890
land-grant colleges, including Tuskegee University, and administer a
grant program for five National Research and Training Centennial
Centers (7 U.S.C. 3221, 3222, and 3222a-3222c).
(19) Administer grants to 1890 land-grant colleges, including
Tuskegee University, to help finance and upgrade agricultural and food
science facilities which are used for research, extension, and resident
instruction (7 U.S.C. 3222(b)-3223).
(20) Cooperate and work with national and international
institutions, Departments and Ministries of Agriculture in other
nations, land-grant colleges and universities, and other persons
throughout the world in the performance of agricultural research and
extension activities (7 U.S.C. 3291).
(21) Administer grants to States in support of the establishment
and operation of International Trade Development Centers (7 U.S.C.
3292).
(22) Conduct program evaluations to improve the administration and
efficacy of the cooperative research grants and extension programs
involving State agricultural experiment stations, cooperative extension
services, and colleges and universities (7 U.S.C. 3317).
(23) Enter into contracts, grants, or cooperative agreements to
further research, extension or teaching activities in the food and
agricultural sciences (7 U.S.C. 3318)
(24) Enter into cost-reimbursable agreements relating to
agricultural research, extension or teaching activities (7 U.S.C.
3319a).
(25) Provide technical assistance to farm owners and operators,
marketing cooperatives, and others in the development and
implementation of a
[[Page 31826]]
research and pilot project program for the development of supplemental
and alternative crops (7 U.S.C. 3319d).
(26) Administer an aquacultural assistance program, involving
centers, by making grants to eligible institutions for research and
extension to facilitate or expand production and marketing of
aquacultural food species and products; conducting a program of
extension and demonstration centers; and making grants to States to
formulate aquaculture development plans for the production and
marketing of aquaculture species and products (7 U.S.C. 3322).
(27) Administer grants to further develop and expand aquaculture
research facilities for intensive water recirculating aquaculture
systems (7 U.S.C. 3323).
(28) Administer a cooperative rangeland research program (7 U.S.C.
3331-3336).
(29) Administer grants for basic research on cancer in animals and
birds (7 U.S.C. 3902).
(30) Administer programs and conduct projects in cooperation with
other agencies for research and education on sustainable agriculture (7
U.S.C. 5811-5813).
(31) Administer a cooperative research and extension program to
optimize crop and livestock production potential in integrated resource
management and integrated crop management systems (7 U.S.C. 5821).
(32) Establish an Agricultural Weather Office and administer a
national agricultural weather information system, including competitive
grants program for research in atmospheric sciences and climatology (7
U.S.C. 5852-5853).
(33) Administer a cooperative extension program on agricultural
weather forecasts and climate information for agricultural producers
and administer a grant program to States to administer programs for
State agricultural weather information systems (7 U.S.C. 5854).
(34) In cooperation with the Agricultural Research Service,
administer competitive research grants regarding the production,
preparation, processing, handling, and storage of agriculture products
(7 U.S.C. 5871-5874).
(35) Administer a grants and contracts program on integrated pest
management including research to benefit floriculture and administer an
extension program developed for integrated pest management (7 U.S.C.
5881).
(36) Administer a grants program to States on the control of
infestations and eradication of exotic pests (7 U.S.C. 5883).
(37) Administer a grant program for risk assessment research to
address concerns about the environmental effects of biotechnology (7
U.S.C. 5921).
(38) Administer a special grants program to assist efforts by
research institutions to improve the efficiency and efficacy of safety
and inspection systems for livestock products (7 U.S.C. 5923).
(39) Administer a competitive grants program in support of the
development of a plant genome mapping program (7 U.S.C. 5924).
(40) Support research related to the development of new commercial
products derived from natural plant materials for industrial, medical,
and agricultural applications (7 U.S.C. 5925).
(41) Administer a competitive grants program to develop production
methods and commercial uses for mesquite (7 U.S.C. 5925).
(42) Administer a competitive grants program to investigate
enhanced selection and processing techniques of prickly pears (7 U.S.C.
5925).
(43) Support research to determine the presence of aflatoxin in the
food and feed chains (7 U.S.C. 5925).
(44) Administer research and extension grants for the development
of agricultural production and marketing systems to service niche
markets (7 U.S.C. 5925).
(45) Administer a grants program to States on immunoassay, as it is
used to detect agricultural pesticide residues on agricultural
commodities and to diagnose plant and animal diseases (7 U.S.C. 5925).
(46) Establish and administer a program for the development and
utilization of an agricultural communications network (7 U.S.C. 5926).
(47) Administer a competitive grants program, in consultation with
the Agricultural Research Service, to establish national centers for
agricultural product quality research (7 U.S.C. 5928).
(48) Administer a special grants program to study constraints on
agricultural trade (7 U.S.C. 5931).
(49) Support research on the effects of global climate change in
agriculture and forestry, including mitigation of the effects on crops
of economic significance, and on the effects of the emissions of
certain gases on global climate change (7 U.S.C. 6702).
(50) Administer the Small Business Innovation Development Act of
1982 for USDA (15 U.S.C. 638(e)-(k)).
(51) Administer a competitive forestry, natural resources, and
environmental grant program (16 U.S.C. 582a-8).
(52) Establish and administer the Forestry Student Grant Program to
provide competitive grants to assist the expansion of the professional
education of forestry, natural resources, and environmental scientists
(16 U.S.C. 1649).
(53) Provide staff support to the Secretary of Agriculture in his
or her role as permanent Chair for the Joint Subcommittee on
Aquaculture established by the National Aquaculture Act of 1980 and
coordinate aquacultural responsibilities within the Department (16
U.S.C. 2805).
(54) Administer extension education programs in aquaculture and
administer grants related to research and development in aquaculture
(16 U.S.C. 2806).
(55) Coordinate research by cooperating State research institutions
and administer education and information activities assigned under the
Defense Production Act of 1950, as amended (50 U.S.C. App. 2061, et
seq.), and title VI of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5195, et seq.).
(56) Provide management support services to agencies reporting to
the Under Secretary for Research, Education, and Economics in the
administration of discretionary grants.
(57) Represent the Department on the Federal Interagency Council on
Education.
(58) Conduct and coordinate Departmental research programs on water
quality and nutrient management (7 U.S.C. 5504).
(59) Establish and administer education programs relating to water
quality (7 U.S.C. 5503).
(60) Administer education programs for the users and dealers of
agrichemicals (7 U.S.C. 5506).
(61) Administer a cooperative agricultural extension program in
accordance with the Smith-Lever Act, as amended (7 U.S.C. 341-349).
(62) Administer a cooperative agricultural extension program
related to agriculture, uses of solar energy with respect to
agriculture, and home economics in the District of Columbia (D.C. Code
31-1409).
(63) Conduct educational and demonstration work related to the
distribution and marketing of a agricultural products under the
Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1621-1627).
(64) Administer a competitive grant program for non-profit
institutions to establish and operate centers for rural
[[Page 31827]]
technology or cooperative development (7 U.S.C. 1932(f)).
(65) Administer a nutrition education program for Food Stamp
recipients and for the distribution of commodities on reservations (7
U.S.C. 2020(f)).
(66) Administer a grants program for rural health and safety
education (7 U.S.C. 2662).
(67) Administer a rural economic and business development program
to employ specialists to assist individuals in business activities (7
U.S.C. 2662).
(68) Administer a national program to provide rural citizens with
training to increase their leadership abilities (7 U.S.C. 2662).
(69) Administer a competitive grant program for financially
stressed farmers, dislocated farmers, and rural families (7 U.S.C.
2662(f)).
(70) Administer a grant program to improve the rural health
infrastructure (7 U.S.C. 2662 note).
(71) Administer a competitive grant program to establish
demonstration areas for rural economic development (7 U.S.C. 2662a).
(72) Administer a cooperative extension program under the Farmer-
to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3004).
(73) Identify and compile information on methods of composting
agricultural wastes and its potential uses and develop educational
programs on composting (7 U.S.C. 3130).
(74) Administer a national food and human nutrition extension
program under the National Agricultural Research, Extension, and
Teaching Policy Act of 1977, as amended (7 U.S.C. 3171-3175).
(75) Make grants, under such terms and conditions as the
Administrator determines, to eligible institutions for the purpose of
assisting such institutions in the purchase of equipment and land, and
the planning, construction, alteration, or renovation of buildings, to
provide adequate facilities to conduct extension work, and issue rules
and regulations as necessary to carry out this authority (7 U.S.C.
3224).
(76) Design educational programs, implement, and distribute
materials in cooperation with the cooperative extension services of the
States emphasizing the importance of productive farmland pursuant to
section 1544(a) of the Farmland Protection Policy Act (7 U.S.C.
4205(a)).
(77) Establish and administer education programs relating to water
quality (7 U.S.C. 5503).
(78) Design, implement, and develop handbooks, technical guides,
and other educational materials emphasizing sustainable agriculture
production systems and practices (7 U.S.C. 5831).
(79) Administer a competitive grant program to organizations to
carry out a training program on sustainable agriculture (7 U.S.C.
5832).
(80) Establish a national pesticide resistance monitoring program
(7 U.S.C. 5882).
(81) Conduct educational programs on the biology and behavior of
chinch bugs (7 U.S.C. 5884).
(82) Administer education programs on Indian reservations and
tribal jurisdictions (7 U.S.C. 5930).
(83) Administer competitive grants to States to establish a pilot
project to coordinate food and nutrition education programs (7 U.S.C.
2027(a) and 5932).
(84) Administer a demonstration grants program for support of an
assistive technology program for farmers with disabilities (7 U.S.C.
5933).
(85) Conduct educational and demonstrational work in cooperative
farm forestry programs (16 U.S.C. 568).
(86) Provide for an expanded and comprehensive extension program
for forest and rangeland renewable resources (16 U.S.C. 1671-1676).
(87) Conduct forestry and natural resource education programs,
including guidelines for technology transfer (16 U.S.C. 1674).
(88) Provide technical, financial, and educational assistance to
State foresters and State extension directors on rural forestry
assistance (16 U.S.C. 2102).
(89) Provide educational assistance to State foresters under the
Forest Stewardship Program (16 U.S.C. 2103a).
(90) Implement and conduct an educational program to assist the
development of urban and community forestry programs (16 U.S.C. 2105).
(91) Provide educational assistance to farmers regarding the
Agricultural Water Quality Protection Program (16 U.S.C. 3838b).
(92) Authorize the use of the 4-H Club name and emblem (18 U.S.C.
707).
(93) Conduct demonstrational and promotional activities related to
farm dwellings and other buildings for the purposes of reducing costs
and adapting and developing fixtures and appurtenances for more
efficient and economical farm use (42 U.S.C. 1476(b)).
(94) Provide leadership and direct assistance in planning,
conducting, and evaluating extension programs under a memorandum of
agreement with the Bureau of Indian Affairs dated May 1956.
(95) Exercise the responsibilities of the Secretary under
regulations dealing with Equal Employment Opportunity (part 18 of this
title).
(96) Carry out demonstration and educational activities authorized
in section 202(c) of the Colorado River Basin Salinity Control Act (43
U.S.C. 1592(c)).
(97) Provide educational and technical assistance in implementing
and administering the conservation reserve program authorized in
sections 1231-1244 of the Food Security Act of 1985 (Pub. L. No. 99-
198, 99 Stat. 1509, (16 U.S.C. 3831-3844)).
(b) [Reserved]
Sec. 2.67 Administrator, Economic Research Service.
(a) Delegations. Pursuant to Secs. 2.21(a)(3), (a)(8) and (a)(9),
subject to reservations in Sec. 2.21(b)(2), the following delegations
of authority are made by the Under Secretary for Research, Education,
and Economics to the Administrator, Economic Research Service:
(1) Conduct economic research on matters of importance to
cooperatives as authorized by the Agricultural Marketing Act of 1946 (7
U.S.C. 1621-1627).
(2) Conduct economic and social science research and analyses
relating to:
(i) food and agriculture situation and outlook;
(ii) the production, marketing, and distribution of food and fiber
products (excluding forest and forest products), including studies of
the performance of the food and agricultural sector of the economy in
meeting needs and wants of consumers;
(iii) basic and long-range, worldwide, economic analyses and
research on supply, demand, and trade in food and fiber products and
the effects on the U.S. food and agriculture system, including general
economic analyses of the international financial and monetary aspects
of agricultural affairs;
(iv) natural resources, including studies of the use and management
of land and water resources, the quality of these resources, resource
institutions, and watershed and river basin development problems; and
(v) rural people and communities, as authorized by title II of the
Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1621-1627),
and the Act of June 29, 1935, as amended (7 U.S.C. 427).
(3) Perform economic and other social science research under
section 104(b)(1) and (3) of the Agricultural Trade Development and
Assistance Act of 1954, as amended, with funds administered by the
Foreign Agricultural Service (7 U.S.C. 1704(b)(1), (3)).
(4) Investigate and make findings as to the effect upon the
production of food
[[Page 31828]]
and upon the agricultural economy of any proposed action pending before
the Administrator of the Environmental Protection Agency for
presentation in the public interest, before said Administrator, other
agencies, or before the courts.
(5) Review economic data and analyses used in speeches by
Department personnel and in materials prepared for release through the
press, radio and television.
(6) Cooperate and work with national and international institutions
and other persons throughout the world in the performance of
agricultural research and extension activities to promote and support
the development of a viable and sustainable global agricultural system.
Such work may be carried out by:
(i) Exchanging research materials and results with the institutions
or persons;
(ii) Engaging in joint or coordinated research;
(iii) Entering into cooperative arrangements with Departments and
Ministries of Agriculture in other nations to conduct research,
extension; and education activities (limited to arrangements either
involving no exchange of funds or involving disbursements by the agency
to the institutions of other nations), and then reporting these
arrangements to the Under Secretary for Research, Education, and
Economics;
(iv) Stationing representatives at such institutions or
organizations in foreign countries; or
(v) Entering into agreements with land-grant colleges and
universities, other organizations, institutions, or individuals with
comparable goals, and with the concurrence of the Office of
International Cooperation and Development, USDA, international
organizations (limited to agreements either involving no exchange of
funds or involving disbursements by the agency to the cooperator), and
then reporting these agreements to the Under Secretary for Research,
Education, and Economics (7 U.S.C. 3291(a)).
(7) Prepare for transmittal by the Secretary to the President and
both Houses of Congress, an analytical report under section 5 of the
Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3504)
concerning the effect of holdings, acquisitions, and transfers of U.S.
agricultural land by foreign persons.
(8) Administer responsibilities and functions assigned under the
Defense Production Act of 1950, as amended (50 U.S.C. App. 2061, et
seq.), and title VI of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5195, et seq.), concerning
estimates of supplies of agricultural commodities and evaluation of
requirements therefor; food and agricultural aspects of economic
stabilization and economic research; and coordination of energy
programs.
(9) Enter into contracts, grants, or cooperative agreements to
further research programs in the food and agricultural sciences (7
U.S.C. 3318).
(10) Enter into cost-reimbursable agreements relating to
agricultural research (7 U.S.C. 3319a).
(11) Provide Department leadership in:
(i) Analyzing and evaluating existing and proposed energy policies
and strategies, including those regarding the allocation of scarce
resources;
(ii) Developing energy policies and strategies, including those
regarding the allocation of scarce resources;
(iii) Reviewing and evaluating Departmental energy and energy-
related programs and program progress;
(iv) Developing agricultural and rural components of national
energy policy plans; and
(v) Preparing reports on energy and energy-related policies and
programs required under Acts of Congress and Executive orders,
including those involving testimony and reports on legislative
proposals.
(12) Provide Departmental oversight and coordination with respect
to resources available for energy and energy-related activities,
including funds transferred to USDA from the departments and agencies
of the Federal Government pursuant to interagency agreements.
(13) Represent the Under Secretary for Research, Education, and
Economics at conferences, meetings, and other contacts where energy
matters are discussed, including liaison with the Department of Energy
and other governmental departments and agencies.
(14) Provide the Under Secretary for Research, Education, and
Economics with such assistance as he may request to perform the duties
delegated to him concerning energy.
(b) Reservation. The following authority is reserved to the Under
Secretary for Research, Education, and Economics: Review all proposed
decisions having substantial economic policy implications.
Sec. 2.68 Administrator, National Agricultural Statistics Service.
(a) Delegations. Pursuant to Secs. 2.21(a)(3) and (a)(8), subject
to reservations in Sec. 2.21(b)(2), the following delegations of
authority are made by the Under Secretary for Research, Education, and
Economics to the Administrator, National Agricultural Statistics
Service:
(1) Prepare crop and livestock estimates and administer reporting
programs, including estimates of production, supply, price, and other
aspects of the U.S. agricultural economy, collection of statistics,
conduct of enumerative and objective measurement surveys, construction
and maintenance of sampling frames, and related activities. Prepare
reports of the Agricultural Statistics Board of the Department of
Agriculture covering official state and national estimates (7 U.S.C.
411a, 475, 951, and 2204).
(2) Take such security precautions as are necessary to prevent
disclosure of crop or livestock report information prior to the
scheduled issuance time approved in advance by the Secretary of
Agriculture and take such actions as are necessary to avoid disclosure
of confidential data or information supplied by any person, firm,
partnership, corporation, or association (18 U.S.C. 1902, 1905, and
2072).
(3) Improve statistics in the Department; maintain liaison with OMB
and other Federal agencies for coordination of statistical methods and
techniques.
(4) Administer responsibilities and functions assigned under the
Defense Production Act of 1950, as amended (50 U.S.C. App. 2061, et
seq.), and title VI of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5195, et seq.), concerning
coordination of damage assessment; and food and agricultural aspects of
agricultural statistics.
(5) Enter into contracts, grants, or cooperative agreements to
further research and statistical reporting programs in the food and
agricultural sciences (7 U.S.C. 3318).
(6) Enter cost-reimbursable agreements relating to agricultural
research and statistical reporting (7 U.S.C. 3319a).
(7) Cooperate and work with national and international institutions
and other persons throughout the world in the performance of
agricultural research and extension activities to promote and support
the development of a viable and sustainable global agricultural system.
Such work may be carried out by:
(i) Exchanging research materials and results with the institutions
or persons;
(ii) Engaging in joint or coordinated research;
(iii) Entering into cooperative arrangements with Departments and
Ministries of Agriculture in other nations to conduct research,
extension, and education activities (limited to
[[Page 31829]]
arrangements either involving no exchange of funds or involving
disbursements by the agency to the institutions of other nations), and
then reporting these arrangements to the Under Secretary for Research,
Education, and Economics;
(iv) Stationing representatives at such institutions or
organizations in foreign countries; or
(v) entering into agreements with land-grant colleges and
universities, other organizations, institutions, or individuals with
comparable goals, and, with the concurrence of the Foreign Agricultural
Service, international organizations (limited to agreements either
involving no exchange of funds or involving disbursements by the agency
to the cooperator), and then reporting these agreements to the Under
Secretary for Research, Education, and Economics (7 U.S.C. 3291(a)).
(b) Reservation. The following authority is reserved to the Under
Secretary for Research, Education, and Economics: Review all proposed
decisions having substantial economic policy implications.
Subpart L--Delegations of Authority by the Chief Economist
Sec. 2.70 Deputy Chief Economist.
Pursuant to Sec. 2.29, the following delegation of authority is
made by the Chief Economist to the Deputy Chief Economist, to be
exercised only during the absence or unavailability of the Chief
Economist: Perform all the duties and exercise all the powers which are
now or which may hereafter be delegated to the Chief Economist.
Sec. 2.71 Director, Office of Risk Assessment and Cost-Benefit
Analysis.
(a) Delegations. Pursuant to Sec. 2.29(a)(2), the following
delegations of authority are by the Chief Economist to the Director,
Office of Risk Assessment and Cost-Benefit Analysis:
(1) Responsible for assessing the risks to human health, human
safety, or the environment, and for preparing cost-benefit analyses,
with respect to proposed major regulations, and for publishing such
assessments and analyses in the Federal Register as required by section
304 of the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 2204e).
(2) Provide direction to Department agencies in the appropriate
methods of risk assessment and cost-benefit analyses and coordinate and
review all risk assessments and cost-benefit analyses prepared by any
agency of the Department.
(b) Reservation. The following authority is reserved to the Chief
Economist: Review all proposed decisions having substantial economic
policy implications.
Sec. 2.72 Chairman, World Agricultural Outlook Board.
(a) Delegations. Pursuant to Secs. 2.29(a)(3) through (a)(7), the
following delegations of authority are made by the Chief Economist to
the Chairman, World Agricultural Outlook Board:
(1) Related to food and agriculture outlook and situation.
(i) Coordinate and review all crop and commodity data used to
develop outlook and situation material within the Department.
(ii) Oversee and clear for consistency analytical assumptions and
results of all estimates and analyses which significantly relate to
international and domestic commodity supply and demand, including such
estimates and analyses prepared for public distribution by the Foreign
Agricultural Service, the Economic Research Service, or by any other
agency or office of the Department.
(2) Related to weather and climate.
(i) Advise the Secretary on climate and weather activities, and
coordinate the development of policy options on weather and climate.
(ii) Coordinate all weather and climate information and monitoring
activities within the Department and provide a focal point in the
Department for weather and climate information and impact assessment.
(iii) Arrange for appropriate representation to attend all
meetings, hearings, and task forces held outside the Department which
require such representation.
(iv) Designate the Executive Secretary of the USDA Weather and
Climate Program Coordinating Committee.
(3) Related to interagency commodity estimates committees.
(i) Establish Interagency Commodity Estimates Committees for
Commodity Credit Corporation price-supported commodities, for major
products thereof, and for commodities where a need for such a committee
has been identified, in order to bring together estimates and
supporting analyses from participating agencies, and to develop
official estimates of supply, utilization, and prices for commodities,
including the effects of new program proposals on acreage, yield,
production, imports, domestic utilization, price, income, support
programs, carryover, exports, and availabilities for export.
(ii) Designate the Chairman, who shall also act as Secretary, for
all Interagency Commodity Estimates Committees.
(iii) Assure that all committee members have the basic assumptions,
background data and other relevant data regarding the overall economy
and market prospects for specific commodities.
(iv) Review for consistency of analytical assumptions and results
all proposed decisions made by Commodity Estimates Committees prior to
any release outside the Department.
(4) Related to remote sensing.
(i) Provide technical assistance, coordination, and guidance to
Department agencies in planning, developing, and carrying out satellite
remote sensing activities to assure full consideration and evaluation
of advanced technology.
(ii) Coordinate administrative, management, and budget information
relating to the Department's remote sensing activities including:
(A) Inter- and intra-agency meetings, correspondence, and records;
(B) Budget and management tracking systems; and
(C) Inter-agency contacts and technology transfer.
(iii) Designate the Executive Secretary for the Remote Sensing
Coordination Committee.
(5) Related to long-range commodity and agricultural-sector
projections. Establish committees of the agencies of the Department to
coordinate the development of a set of analytical assumptions and long-
range agricultural-sector projections (2 years and beyond) based on
commodity projections consistent with these assumptions and coordinated
through the Interagency Commodity Estimates Committees.
(b) Reservation. The following authority is reserved to the Chief
Economist: Review all proposed decisions having substantial economic
policy implications.
Subpart M--Delegations of Authority by the Chief Financial Officer
Sec. 2.75 Deputy Chief Financial Officer.
Pursuant to Sec. 2.28, the following delegation of authority is
made by the Chief Financial Officer to the Deputy Chief Financial
Officer, to be exercised only during the absence or unavailability of
the Chief Financial Officer: Perform all the duties and exercise all
the powers which are now or which may hereafter be delegated to the
Chief Financial Officer.
[[Page 31830]]
Subpart N--Delegations of Authority by the Assistant Secretary for
Marketing and Regulatory Programs
Sec. 2.77 Deputy Assistant Secretary for Marketing and Regulatory
Programs.
Pursuant to Sec. 2.22(a), subject to reservations in Sec. 2.22(b),
and subject to policy guidance and direction by the Assistant
Secretary, the following delegation of authority is made by the
Assistant Secretary for Marketing and Regulatory Programs to the Deputy
Assistant Secretary for Marketing and Regulatory Programs, to be
exercised only during the absence or unavailability of the Assistant
Secretary: Perform all the duties and exercise all the powers which are
now or which may hereafter be delegated to the Assistant Secretary for
Marketing and Regulatory Programs.
Sec. 2.79 Administrator, Agricultural Marketing Service.
(a) Delegations. Pursuant to Secs. 2.22 (a)(1), (a)(5) and (a)(8),
subject to reservations in Sec. 2.22(b)(1), the following delegations
of authority are made by the Assistant Secretary for Marketing and
Regulatory Programs to the Administrator, Agricultural Marketing
Service:
(1) Exercise the functions of the Secretary of Agriculture
contained in the Agricultural Marketing Act of 1946, as amended (7
U.S.C. 1621-1627), including payments to State departments of
agriculture in connection with cooperative marketing service projects
under section 204(b) (7 U.S.C. 1623(b)), but excepting matters
otherwise assigned.
(2) Conduct marketing efficiency research and development
activities directly applicable to the conduct of the Wholesale Market
Development Program, specifically:
(i) Studies of facilities and methods used in physical distribution
of food and other farm products;
(ii) Studies designed to improve handling of all agricultural
products as they are moved from farms to consumers; and
(iii) application of presently available scientific knowledge to
the solution of practical problems encountered in the marketing of
agricultural products (7 U.S.C. 1621-1627).
(3) Exercise the functions of the Secretary of Agriculture relating
to the transportation activities contained in section 203(j) of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1622(j)) as amended, but
excepting matters otherwise assigned.
(4) Administer transportation activities under section 201 of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1291).
(5) Apply results of economic research and operations analysis to
evaluate transportation issues and to recommend revisions of current
procedures.
(6) Serve as the focal point for all Department transportation
matters including development of policies and strategies.
(7) Cooperate with other Departmental agencies in the development
and recommendation of policies and programs for inland transportation
of USDA and CCC-owned commodities in connection with USDA programs.
(8) Exercise the functions of the Secretary of Agriculture
contained in the following legislation:
(i) U.S. Cotton Standards Act (7 U.S.C. 51-65);
(ii) Cotton futures provisions of the Internal Revenue Code of 1954
(26 U.S.C. 4854, 4862-4865, 4876, and 7263);
(iii) Cotton Statistics and Estimates Act, as amended (7 U.S.C.
471-476), except as otherwise assigned;
(iv) [Reserved]
(v) Naval Stores Act (7 U.S.C. 91-99);
(vi) Tobacco Inspection Act (7 U.S.C. 511-511q);
(vii) Wool Standards Act (7 U.S.C. 415-415d);
(viii) Agricultural Marketing Agreement Act of 1937, as amended (7
U.S.C. 601, 602, 608a-608e, 610, 612, 614, 624, 671-674);
(ix) Cotton Research and Promotion Act (7 U.S.C. 2101-2118) and
section 610 of the Agricultural Act of 1970 (7 U.S.C. 2119), except as
specified in Sec. 2.43(a)(24);
(x) Export Apple and Pear Act (7 U.S.C. 581-590);
(xi) Export Grape and Plum Act (7 U.S.C. 591-599);
(xii) Titles I, II, IV, and V of the Federal Seed Act, as amended
(7 U.S.C. 1551-1575, 1591-1611);
(xiii) Perishable Agricultural Commodities Act (7 U.S.C. 499a-
499s);
(xiv) Produce Agency Act (7 U.S.C. 491-497);
(xv) Tobacco Seed and Plant Exportation Act (7 U.S.C. 516-517);
(xvii) Tobacco Statistics Act (7 U.S.C. 501-508);
(xxii) Section 401(a) of the Organic Act of 1944 (7 U.S.C. 415e);
(xxiii) Agricultural Fair Practices Act (7 U.S.C. 2301-2306);
(xxiv) Wheat Research and Promotion Act (7 U.S.C. 1292 note),
except as specified in Sec. 2.43(a)(24);
(xxv) Plant Variety Protection Act (7 U.S.C. 2321-2331, 2351-2357,
2371-2372, 2401-2404, 2421-2427, 2441-2443, 2461-2463, 2481-2486, 2501-
2504, 2531-2532, 2541-2545, 2561-2569, 2581-2583), except as delegated
to the Judicial Officer;
(xxvi) Subtitle B of title I and section 301(4) of the Dairy and
Tobacco Adjustment Act of 1983 (7 U.S.C. 4501-4513, 4514(4)), except as
specified in Sec. 2.43(a)(24);
(xxvii) Potato Research and Promotion Act (7 U.S.C. 2611-2627),
except as specified in Sec. 2.43(a)(24);
(xxviii) [Reserved]
(xxix) Section 708 of the National Wool Act of 1954, as amended (7
U.S.C. 1787), except as specified in Secs. 2.42(a)(25) and 2.43(a)(24);
(xxxi) Egg Research and Consumer Information Act (7 U.S.C. 2701-
2718), except as delegated in Sec. 2.43(a)(24);
(xxxii) Beef Research and Information Act, as amended, (7 U.S.C.
2901-2918), except as delegated in Secs. 2.42(a)(29) and 2.43(a)(24);
(xxxiii) Wheat and Wheat Foods Research and Nutrition Education Act
(7 U.S.C. 3401-3417), except as delegated in Sec. 2.43(a)(24);
(xxxiv) Egg Products Inspection Act relating to the shell egg
surveillance program, voluntary laboratory analyses of egg products,
and the voluntary egg grading program (21 U.S.C. 1031-1056);
(xxxv) Section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), as
supplemented by the Act of June 28, 1937 (15 U.S.C. 713c), and related
legislation, except functions which are otherwise assigned relating to
the domestic distribution and donation of agricultural commodities and
products thereof following the procurement thereof;
(xxxvi) Procurement of agricultural commodities and other foods
under section 6 of the National School Lunch Act of 1946, as amended
(42 U.S.C. 1755);
(xxxvii) In carrying out the procurement functions in paragraphs
(a)(8) (xxxv) and (xxxvi) of this section, the Administrator,
Agricultural Marketing Service shall, to the extent practicable, use
the commodity procurement, handling, payment and related services of
the Farm Service Agency;
(xxxviii) Act of May 23, 1908, regarding inspection of dairy
products for export (21 U.S.C. 693);
(xxxix) The Pork Promotion, Research, and Consumer Information Act
of 1985 (7 U.S.C. 4801-4819);
(xl) The Watermelon Research and Consumer Information Act (7 U.S.C.
4901-4616);
(xli) The Honey Research, Promotion, and Consumer Information Act
(7 U.S.C. 4601-4612);
[[Page 31831]]
(xlii) Subtitles B and C of the Dairy Production Stabilization Act
of 1983, as amended (7 U.S.C. 4501-4513, 4531-4538);
(xliii) The Floral Research and Consumer Information Act (7 U.S.C.
4301-4319);
(xliv) Section 213 of the Tobacco Adjustment Act of 1983, as
amended (7 U.S.C. 511r);
(xlv) National Laboratory Accreditation Program (7 U.S.C. 138-138i)
with respect to laboratories accredited for pesticide residue analysis
in fruits and vegetables and other agricultural commodities, except
those laboratories analyzing only meat and poultry products;
(xlvi) Pecan Promotion and Research Act of 1990 (7 U.S.C. 6001-
6013), except as specified in Sec. 2.43(a)(24);
(xlvii) Mushroom Promotion, Research, and Consumer Information Act
of 1990 (7 U.S.C. 6101-6112), except as specified in Sec. 2.43(a)(24);
(xlviii) Lime Research, Promotion, and Consumer Information Act of
1990 (7 U.S.C. 6201-6212), except as specified in Sec. 2.43(a)(24);
(xlix) Soybean Promotion, Research, and Consumer Information Act (7
U.S.C. 6301-6311), except as specified in Sec. 2.43(a)(24);
(l) Fluid Milk Promotion Act of 1990 (7 U.S.C. 6401-6417);
(li) Producer Research and Promotion Board Accountability (104
Stat. 3927);
(lii) Consistency with International Obligations of the United
States (7 U.S.C. 2278);
(liii) Organic Foods Production Act of 1990 (7 U.S.C. 6501-6522)
provided that the Administrator, Agricultural Marketing Service, will
enter into agreements, as necessary, with the Administrator, Food
Safety and Inspection Service, to provide inspection services;
(liv) Pesticide Recordkeeping (7 U.S.C. 136i-l) with the provision
that the Administrator, Agricultural Marketing Service, will enter into
agreements, as necessary, with other Federal agencies;
(lv) The International Carriage of Perishable Foodstuffs Act (7
U.S.C. 4401-4406); and
(lvi) The Sheep Promotion, Research, and Information Act (7 U.S.C.
7101-7111).
(9) Furnish, on request, copies of programs, pamphlets, reports, or
other publications for missions or programs as may otherwise be
delegated or assigned to the Administrator, Agricultural Marketing
Service and charge user fees therefore, as authorized by section 1121
of the Agriculture and Food Act of 1981, as amended by section 1769 of
the Food Security Act of 1985, 7 U.S.C. 2242a.
(10) Collect, summarize, and publish data on the production,
distribution, and stocks of sugar.
(11) With respect to land and facilities under his or her
authority, exercise the functions delegated to the Secretary by
Executive Order 12580, 3 CFR, 1987 Comp., p. 193, under the following
provisions of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (``the Act''), as amended:
(i) Sections 104 (a), (b), and (c)(4) of the Act (42 U.S.C. 9604
(a), (b), and (c)(4)), with respect to removal and remedial actions in
the event of release or threatened release of a hazardous substance,
pollutant, or contaminant into the environment;
(ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with
respect to information gathering and access requests and orders;
compliance with Federal health and safety standards and wage and labor
standards applicable to covered work; and emergency procurement powers;
(iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with
respect to the reduction of exposure to significant risk to human
health;
(iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to
the acquisition of real property and interests in real property
required to conduct a remedial action;
(v) The first two sentences of section 105(d) of the Act (42 U.S.C.
9605(d)), with respect to petitions for preliminary assessment of a
release or threatened release;
(vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to
consideration of the availability of qualified minority firms in
awarding contracts, but excluding that portion of section 105(f)
pertaining to the annual report to Congress;
(vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the
assessment of civil penalties for violations of section 122 of the Act
(42 U.S.C. 9622), and the granting of awards to individuals providing
information;
(viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect
to the designation of officials who may obligate money in the Hazardous
Substances Superfund;
(ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to
establishing an administrative record upon which to base the selection
of a response action and identifying and notifying potentially
responsible parties;
(x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to
preliminary assessment and site inspection of facilities;
(xi) Sections 117 (a) and (c) of the Act (42 U.S.C. 9617 (a) and
(c)), with respect to public participation in the preparation of any
plan for remedial action and explanation of variances from the final
remedial action plan for any remedial action or enforcement action,
including any settlement or consent decree entered into;
(xii) Section 119 of the Act (42 U.S.C. 9119), with respect to
indemnifying response action contractors;
(xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to
cleanup standards; and
(xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C.
9622(b)(1)), related to mixed funding agreements.
(12) With respect to facilities and activities under his or her
authority, to exercise the authority of the Secretary of Agriculture
pursuant to section 1-102 related to compliance with applicable
pollution control standards and section 1-601 of Executive Order 12088,
3 CFR, 1978 Comp., p. 243, to enter into an inter-agency agreement with
the United States Environmental Protection Agency, or an administrative
consent order or a consent judgment in an appropriate State,
interstate, or local agency, containing a plan and schedule to achieve
and maintain compliance with applicable pollution control standards
established pursuant to the following:
(i) Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act, as further amended by the Hazardous and
Solid Waste Amendments, and the Federal Facility Compliance Act (42
U.S.C. 6901, et seq.);
(ii) Federal Water Pollution Prevention and Control Act, as amended
(33 U.S.C. 1251, et seq.);
(iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f, et
seq.);
(iv) Clean Air Act, as amended (42 U.S.C. 7401, et seq.);
(v) Noise Control Act of 1972, as amended (42 U.S.C. 4901, et
seq.);
(vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601, et
seq.);
(vii) Federal Insecticide, Fungicide, and Rodenticide Act, as
amended (7 U.S.C. 136, et seq.); and
(viii) Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended by the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. 9601, et seq.).
(b) Reservations. The following authorities are reserved to the
Assistant
[[Page 31832]]
Secretary for Marketing and Regulatory Programs:
(1) Taking final action on regulations under section 8c(15)(A) of
the Agricultural Marketing Agreement Act of 1937 (7 U.S.C.
608c(15)(A)); section 12(a) of the Cotton Research and Promotion Act (7
U.S.C. 2111(a)); section 311(a) of the Potato Research and Promotion
Act (7 U.S.C. 2620(a)); section 118(a) of the Dairy Production
Stabilization Act of 1983, as amended, (7 U.S.C. 4509(a)); section
1625(a) of the Pork Promotion, Research, and Consumer Information Act
of 1985 (7 U.S.C. 4814(a)); section 1650(a) of the Watermelon Research
and Promotion Act (7 U.S.C. 4909(a)); section 10(a) of the Honey
Research, Promotion, and Consumer Information Act (7 U.S.C. 4609(a));
section 14(a) of the Egg Research and Consumer Information Act (7
U.S.C. 2713(a)); section 1714(a) of the Floral Research and Consumer
Information Act (7 U.S.C. 4313(a)); section 1710(a) of the Wheat and
Wheat Foods Research and Nutrition Education Act (7 U.S.C. 3409(a));
section 1913(a) of the Pecan Promotion and Research Act of 1990 (7
U.S.C. 6008(a)); section 1927(a) of the Mushroom Promotion, Research,
and Consumer Information Act of 1990 (7 U.S.C. 6106(a)); section
1957(a) of the Lime Research, Promotion, and Consumer Information Act
of 1990 (7 U.S.C. 6206(a)); section 1971(a) of the Soybean Promotion,
Research, and Consumer Information Act (7 U.S.C. 6306(a)); section
1999K(a) of the Fluid Milk Promotion Act of 1990 (7 U.S.C. 6410(a));
and section 7 of the Sheep Promotion, Research, and Information Act (7
U.S.C. 7106).
(2) Issuing, amending, terminating, or suspending any marketing
agreement or order or any provision thereof under the Agricultural
Marketing Agreement Act of 1937; the Cotton Research and Promotion Act;
the Potato Research and Promotion Act; subtitles B and C of the Dairy
Production Stabilization Act of 1983, as amended; the Pork Promotion,
Research, and Consumer Information Act of 1985; the Beef Research and
Information Act, as amended; the Watermelon Research and Promotion Act;
the Honey Research, Promotion, and Consumer Information Act; the Floral
Research and Consumer Information Act; the Egg Research and Consumer
Information Act; the Wheat and Wheat Foods Research and Nutrition
Education Act; the Pecan Promotion and Research Act of 1990; the
Mushroom Promotion, Research, and Consumer Information Act of 1990; the
Lime Research, Promotion, and Consumer Information Act of 1990; the
Soybean Promotion, Research, and Consumer Information Act; the Fluid
Milk Promotion Act of 1990; the Organic Foods Production Act of 1990;
and the Sheep Promotion, Research, and Information Act (7 U.S.C. 7101-
7111).
Sec. 2.80 Administrator, Animal and Plant Health Inspection Service.
(a) Delegations. Pursuant to Secs. 2.22(a)(2), (a)(6) through
(a)(9), subject to reservations in Sec. 2.22(b)(2), the following
delegations of authority are made by the Assistant Secretary for
Marketing and Regulatory Programs to the Administrator, Animal and
Plant Health Inspection Service: Exercise functions of the Secretary of
Agriculture under the following authorities:
(1) Administer the Foreign Service personnel system for employees
of the Animal and Plant Health Inspection Service in accordance with 22
U.S.C. 3922, except that this delegation does not include the authority
to approve joint regulations issued by the Department of State relating
to administration of the Foreign Service, nor an authority to represent
the Department of Agriculture in interagency consultations and
negotiations with the other foreign affairs agencies with respect to
joint regulations.
(2) Section 102, Organic Act of 1944, as amended, and the Act of
April 6, 1937, as amended (7 U.S.C. 147a, 148, 148a-148e), relating to
control and eradication of plant pests and diseases, including
administering survey and regulatory activities for the gypsy moth
program and, with the Chief of the Forest Service, jointly
administering gypsy moth eradication activities by assuming primary
responsibility for eradication of gypsy moth infestations of 640 acres
or less on State and private lands that are not contiguous to infested
Federal lands.
(3) The Mexican Border Act, as amended (7 U.S.C. 149).
(4) The Golden Nematode Act (7 U.S.C. 150-150g).
(5) The Federal Plant Pest Act, as amended (7 U.S.C. 150aa-150jj).
(6) The Plant Quarantine Act, as amended (7 U.S.C. 151-164a, 167).
(7) The Terminal Inspection Act, as amended (7 U.S.C. 166).
(8) The Honeybee Act, as amended (7 U.S.C. 281-286).
(9) The Halogeton Glomeratus Control Act (7 U.S.C. 1651-1656).
(10) Tariff Act of June 17, 1930, as amended, section 306 (19
U.S.C. 1306).
(11) Act of August 30, 1890, as amended (21 U.S.C. 102-105).
(12) Act of May 29, 1884, as amended, Act of February 2, 1903, as
amended, and Act of March 3, 1905, as amended, and supplemental
legislation (21 U.S.C. 111-114a, 114a-1, 115-130).
(13) Act of February 28, 1947, as amended (21 U.S.C. 114b-114c,
114d-1).
(14) Act of June 16, 1948 (21 U.S.C. 114e-114f).
(15) Act of September 6, 1961 (21 U.S.C. 114g-114h).
(16) Act of July 2, 1962 (21 U.S.C. 134-134h).
(17) Act of May 6, 1970 (21 U.S.C. 135-135b).
(18) Sections 12-14 of the Federal Meat Inspection Act, as amended,
and so much of section 18 of such Act as pertains to the issuance of
certificates of condition of live animals intended and offered for
export (21 U.S.C. 612-614, 618).
(19) Improvement of poultry, poultry products, and hatcheries (7
U.S.C. 429).
(20) The responsibilities of the United States under the
International Plant Protection Convention.
(21) (Laboratory) Animal Welfare Act, as amended (7 U.S.C. 2131-
2159).
(22) Horse Protection Act (15 U.S.C. 1821-1831).
(23) 28 Hour Law, as amended (45 U.S.C. 71-74).
(24) Export Animal Accommodation Act, as amended (46 U.S.C. 3901-
3902).
(25) Purebred animal duty-free-entry provision of Tariff Act of
June 17, 1930, as amended (19 U.S.C. 1202, part 1, Item 100.01).
(26) Virus-Serum-Toxin Act (21 U.S.C. 151-158).
(27) Conduct diagnostic and related activities necessary to
prevent, detect, control or eradicate foot-and-mouth disease and other
foreign animal diseases (21 U.S.C. 113a).
(28) The Agricultural Marketing Act of 1946, section 203, 205, as
amended (7 U.S.C. 1622, 1624), with respect to voluntary inspection and
certification of animal products; inspection, testing, treatment, and
certification of animals; and a program to investigate and develop
solutions to the problems resulting from the use of sulfonamides in
swine.
(29) Talmadge-Aiken Act (7 U.S.C. 450) with respect to cooperation
with States in control and eradication of plant and animal diseases and
pests.
(30) Defense Production Act of 1950, as amended (50 U.S.C. App.
2061, et seq.), and title VI of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5195, et seq.), relating to
protection of livestock, poultry and crops and products thereof from
biological and chemical warfare; and utilization or disposal of
livestock and poultry exposed to radiation.
(31) The Federal Noxious Weed Act of 1974, as amended (7 U.S.C.
2801-2814).
[[Page 31833]]
(32) The Endangered Species Act of 1973 (16 U.S.C. 1531-1544).
(33) Executive Order 11987, 3 CFR, 1977 Comp., p. 116.
(34) Section 101(d), Organic Act of 1944 (7 U.S.C. 430).
(35) The Swine Health Protection Act, as amended (7 U.S.C. 3801-
3813).
(36) Lacey Act Amendments of 1981, as amended (16 U.S.C. 3371-
3378).
(37) Title III (and title IV to the extent that it relates to
activities under title III) of the Federal Seed Act, as amended (7
U.S.C. 1581-1610).
(38) Authority to prescribe the amounts of commuted traveltime
allowances and the circumstances under which such allowances may be
paid to employees covered by the Act of August 28, 1950 (7 U.S.C.
2260).
(39) Provide management support services for the Grain Inspection,
Packers and Stockyards Administration, and the Agricultural Marketing
Service as agreed upon by the agencies with authority to take actions
required by law or regulation. As used herein, the term management
support services includes budget, finance, personnel, procurement,
property management, communications, paperwork management, and related
administrative services.
(40) Coordinate the development and carrying out by Department
agencies of all matters and functions pertaining to the Department's
regulation of biotechnology, and act as liaison on all matters and
functions pertaining to the regulation of biotechnology between
agencies within the Department and between the Department and other
governmental and private organizations.
(41) The Act of March 2, 1931 (7 U.S.C. 426-426b).
(42) The Act of December 22, 1987 (7 U.S.C. 426c).
(43) Authority to work with developed and transitional countries on
agricultural and related research and extension, with respect to animal
and plant health, including providing technical assistance, training,
and advice to persons from such countries engaged in such activities
and the stationing of scientists at national and international
institutions in such countries (7 U.S.C. 3291(a)(3)).
(44) With respect to land and facilities under his or her
authority, exercise the functions delegated to the Secretary by
Executive Order 12580, 3 CFR, 1987 Comp., p. 193, under the following
provisions of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (``the Act''), as amended:
(i) Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a),
(b), and (c)(4)), with respect to removal and remedial actions in the
event of release or threatened release of a hazardous substance,
pollutant, or contaminant into the environment;
(ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with
respect to information gathering and access requests and orders;
compliance with Federal health and safety standards and wage and labor
standards applicable to covered work; and emergency procurement powers;
(iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with
respect to the reduction of exposure to significant risk to human
health;
(iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to
the acquisition of real property and interests in real property
required to conduct a remedial action;
(v) The first two sentences of section 105(d) of the Act (42 U.S.C.
9605(d)), with respect to petitions for preliminary assessment of a
release or threatened release;
(vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to
consideration of the availability of qualified minority firms in
awarding contracts, but excluding that portion of section 105(f)
pertaining to the annual report to Congress;
(vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the
assessment of civil penalties for violations of section 122 of the Act
(42 U.S.C. 9622), and the granting of awards to individuals providing
information;
(viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect
to the designation of officials who may obligate money in the Hazardous
Substances Superfund;
(ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to
establishing an administrative record upon which to base the selection
of a response action and identifying and notifying potentially
responsible parties;
(x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to
preliminary assessment and site inspection of facilities;
(xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and
(c)), with respect to public participation in the preparation of any
plan for remedial action and explanation of variances from the final
remedial action plan for any remedial action or enforcement action,
including any settlement or consent decree entered into;
(xii) Section 119 of the Act (42 U.S.C. 9119), with respect to
indemnifying response action contractors;
(xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to
cleanup standards; and
(xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C.
9622(b)(1)), related to mixed funding agreements.
(45) With respect to facilities and activities under his or her
authority, to exercise the authority of the Secretary of Agriculture
pursuant to section 1-102 related to compliance with applicable
pollution control standards and section 1-601 of Executive Order 12088,
3 CFR, 1978 Comp., p. 243, to enter into an inter-agency agreement with
the United States Environmental Protection Agency, or an administrative
consent order or a consent judgment in an appropriate State,
interstate, or local agency, containing a plan and schedule to achieve
and maintain compliance with applicable pollution control standards
established pursuant to the following:
(i) Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act, as further amended by the Hazardous and
Solid Waste Amendments, and the Federal Facility Compliance Act (42
U.S.C. 6901, et seq.);
(ii) Federal Water Pollution Prevention and Control Act, as amended
(33 U.S.C. 1251, et seq.);
(iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f, et
seq.);
(iv) Clean Air Act, as amended (42 U.S.C. 7401, et seq.);
(v) Noise Control Act of 1972, as amended (42 U.S.C. 4901, et
seq.);
(vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601, et
seq.);
(vii) Federal Insecticide, Fungicide, and Rodenticide Act, as
amended (7 U.S.C. 136, et seq.); and
(viii) Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended by the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. 9601, et seq.).
(46) Authority to prescribe and collect fees under the Act of
August 31, 1951, as amended (31 U.S.C. 9701), and sections 2508 and
2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21
U.S.C. 136, 136a), as amended.
(47) The provisions of 35 U.S.C. 156.
(48) Enter into cooperative research and development agreements
with industry, universities, and others; institute a cash award program
to reward scientific, engineering, and technical personnel; award
royalties to inventors; and retain and use royalty income (15 U.S.C.
3710a-3710c).
[[Page 31834]]
(49) The Alien Species Prevention and Enforcement Act of 1992 (39
U.S.C. 3015 note).
(b) Reservation. The following authority is reserved to the
Assistant Secretary for Marketing and Regulatory Programs: The
authority to make determinations under 35 U.S.C. 156 as to whether an
applicant acted with due diligence.
Sec. 2.81 Administrator, Grain Inspection, Packers and Stockyards
Administration.
(a) Delegations. Pursuant to Secs. 2.22(a)(3) and (a)(9), the
following delegations of authority are made by the Assistant Secretary
for Marketing and Regulatory Programs to the Administrator, Grain
Inspection Service, Packers and Stockyards Administration:
(1) Administer the United States Grain Standards Act, as amended (7
U.S.C. 71-87h).
(2) Exercise the functions of the Secretary of Agriculture
contained in the Agricultural Marketing Act of 1946, as amended (7
U.S.C. 1621-1627), relating to inspection and standardization
activities related to grain.
(3) Administer the Packers and Stockyards Act, 1921, as amended and
supplemented.
(4) Enforce provisions of the Consumer Credit Protection Act (15
U.S.C. 1601-1665, 1681-1681t), with respect to any activities subject
to the Packers and Stockyards Act, 1921, as amended and supplemented.
(5) Exercise the functions of the Secretary of Agriculture
contained in section 1324 of the Food Security Act of 1985 (7 U.S.C.
1631).
(6) With respect to land and facilities under his or her authority,
exercise the functions delegated to the Secretary by Executive Order
12580, 3 CFR, 1987 Comp., p. 193, under the following provisions of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (``the Act''), as amended:
(i) Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a),
(b), and (c)(4)), with respect to removal and remedial actions in the
event of release or threatened release of a hazardous substance,
pollutant, or contaminant into the environment;
(ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with
respect to information gathering and access requests and orders;
compliance with Federal health and safety standards and wage and labor
standards applicable to covered work; and emergency procurement powers;
(iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with
respect to the reduction of exposure to significant risk to human
health;
(iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to
the acquisition of real property and interests in real property
required to conduct a remedial action;
(v) The first two sentences of section 105(d) of the Act (42 U.S.C.
9605(d)), with respect to petitions for preliminary assessment of a
release or threatened release;
(vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to
consideration of the availability of qualified minority firms in
awarding contracts, but excluding that portion of section 105(f)
pertaining to the annual report to Congress;
(vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the
assessment of civil penalties for violations of section 122 of the Act
(42 U.S.C. 9622), and the granting of awards to individuals providing
information;
(viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect
to the designation of officials who may obligate money in the Hazardous
Substances Superfund;
(ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to
establishing an administrative record upon which to base the selection
of a response action and identifying and notifying potentially
responsible parties;
(x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to
preliminary assessment and site inspection of facilities;
(xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and
(c)), with respect to public participation in the preparation of any
plan for remedial action and explanation of variances from the final
remedial action plan for any remedial action or enforcement action,
including any settlement or consent decree entered into;
(xii) Section 119 of the Act (42 U.S.C. 9119), with respect to
indemnifying response action contractors;
(xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to
cleanup standards; and
(xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C.
9622(b)(1)), related to mixed funding agreements.
(7) With respect to facilities and activities under his or her
authority, to exercise the authority of the Secretary of Agriculture
pursuant to section 1-102 related to compliance with applicable
pollution control standards and section 1-601 of Executive Order 12088,
3 CFR, 1978 Comp., p. 243, to enter into an inter-agency agreement with
the United States Environmental Protection Agency, or an administrative
consent order or a consent judgment in an appropriate State,
interstate, or local agency, containing a plan and schedule to achieve
and maintain compliance with applicable pollution control standards
established pursuant to the following:
(i) Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act, as further amended by the Hazardous and
Solid Waste Amendments, and the Federal Facility Compliance Act (42
U.S.C. 6901, et seq.);
(ii) Federal Water Pollution Prevention and Control Act, as amended
(33 U.S.C. 1251, et seq.);
(iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f, et
seq.);
(iv) Clean Air Act, as amended (42 U.S.C. 7401, et seq.);
(v) Noise Control Act of 1972, as amended (42 U.S.C. 4901, et
seq.);
(vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601, et
seq.);
(vii) Federal Insecticide, Fungicide, and Rodenticide Act, as
amended (7 U.S.C. 136, et seq.); and
(viii) Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended by the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. 9601, et seq.).
(b) [Reserved]
Subpart O--Delegations of Authority by the Assistant Secretary for
Congressional Relations
Sec. 2.83 Deputy Assistant Secretary for Congressional Relations.
Pursuant to Sec. 2.23, and subject to policy guidance and direction
by the Assistant Secretary, the following delegation of authority is
made by the Assistant Secretary for Congressional Relations to the
Deputy Assistant Secretary for Congressional Relations, to be exercised
only during the absence or unavailability of the Assistant Secretary:
Perform all duties and exercise all powers which are now or which may
hereafter be delegated to the Assistant Secretary for Congressional
Relations.
Sec. 2.85 Director, Office of Congressional and Intergovernmental
Relations.
(a) Delegations. Pursuant to Sec. 2.23, the following delegations
of authority are made by the Assistant Secretary for Congressional
Relations to the Director, Office of Congressional and
Intergovernmental Relations:
(1) Exercise responsibility for coordination of all congressional
matters in the Department.
[[Page 31835]]
(2) Maintain liaison with the Congress and the White House on
legislative Matters of concern to the Department.
(3) Coordinate all programs involving intergovernmental affairs
including State and local government relations and liaison with:
(i) National Association of State Departments of Agriculture;
(ii) Office of Intergovernmental Relations (Office of Vice
President);
(iii) Advisory Commission on Intergovernmental Relations;
(iv) Council of State Governments;
(v) National Governors Conference;
(vi) National Association of Counties;
(vii) National League of Cities;
(viii) International City Managers Association;
(ix) U.S. Conference of Mayors; and
(x) Such other State and Federal agencies, departments and
organizations as are necessary in carrying out the responsibilities of
this office.
(4) Maintain oversight of the activities of USDA representatives to
the 10 Federal Regional councils.
(5) Serve as the USDA contact with the Advisory Commission on
Intergovernmental Relations for implementation of OMB Circular A-85 to
provide advance notification to state and local governments of proposed
changes in Department programs that affect such governments.
(6) Act as the department representative for Federal executive
board matters.
(7) Administer the implementation of the National Historic
Preservation Act of 1966, National Historic Preservation Act of 1966,
16 U.S.C. 470, et seq., Executive Order 11593, 3 CFR, 1971-1975 Comp.,
p. 559, and regulations of the Advisory Council on Historic
Preservation, 36 CFR part 800, for the Department of Agriculture with
authority to name the Secretary's designee to the Advisory Council on
Historic Preservation.
(8) Coordinate the Department's programs involving assistance to
American Indians except civil rights activities.
(b) [Reserved]
Subpart P--Delegations of Authority by the Assistant Secretary for
Administration
Sec. 2.87 Deputy Assistant Secretary for Administration.
Pursuant to Sec. 2.24(a), subject to reservations in Sec. 2.24(b),
the following delegation of authority is made by the Assistant
Secretary for Administration to the Deputy Assistant Secretary for
Administration, to be exercised only during the absence or
unavailability of the Assistant Secretary: Perform all the duties and
exercise all the powers which are now or which may hereafter be
delegated to the Assistant Secretary for Administration.
Sec. 2.89 Director, Office of Civil Rights Enforcement.
(a) Delegations. Pursuant to Secs. 2.24(a)(8), the following
delegations of authority are made by the Assistant Secretary for
Administration to the Director, Office of Civil Rights Enforcement:
(1) Provide overall leadership, coordination, and direction for the
Department's programs of civil rights, including program delivery
compliance and equal employment opportunity, with emphasis on the
following:
(i) Actions to enforce title VI of the Civil Rights Act of 1964, 42
U.S.C. 2000d, prohibiting discrimination in federally assisted
programs;
(ii) Actions to enforce title VII of the Civil Rights Act of 1964,
as amended, 42 U.S.C. 2000e, prohibiting discrimination in Federal
employment;
(iii) Actions to enforce title IX of the Education Amendments of
1972, 20 U.S.C. 1681, et seq., prohibiting discrimination on the basis
of sex in USDA education programs and activities funded by the
Department;
(iv) Actions to enforce section 504 of the Rehabilitation Act of
1973, as amended, 29 U.S.C. 794, prohibiting discrimination on the
basis of handicap in USDA programs and activities funded by the
Department;
(v) Actions to enforce the Age Discrimination Act of 1975, 42
U.S.C. 6102, prohibiting discrimination on the basis of age in USDA
programs and activities funded by the Department;
(vi) Actions to enforce related Executive orders, Congressional
mandates, and other laws, rules, and regulations, as appropriate;
(vii) Actions to develop and implement the Department's Federal
Women's Programs; and
(viii) Actions to develop and implement the Department's Hispanic
Employment Program.
(2) Evaluate Departmental agency programs, activities, and impact
statements for civil rights concerns.
(3) Provide leadership and coordinate USDA agency and Department
systems for targeting, collecting, analyzing, and evaluating program
participation data and equal employment opportunity data.
(4) Provide leadership and coordinate Departmentwide programs of
public notification regarding the availability of USDA programs on a
nondiscriminatory basis.
(5) Serve as the focal point through which all contacts with the
Department of Justice are made involving matters relating to title VI
of the Civil Rights Act of 1964 (42 U.S.C. 2000d), title IX of the
Education Amendments of 1972 (20 U.S.C. 1681, et seq.), and section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), except
those matters in litigation, including administrative enforcement
actions, which shall be coordinated by the Office of the General
Counsel.
(6) Serve as the focal point through which all contacts with the
Department of Health and Human Services are made involving matters
relating to the Age Discrimination Act of 1975, 42 U.S.C. 6102, except
those matters in litigation, including administrative enforcement
action, which shall be coordinated by the Office of the General
Counsel.
(7) Order proceedings and hearings in the Department of Agriculture
pursuant to Secs. 15.9(e) and 15.86 of this title which concern
consolidated or joint hearings within the Department and/or with other
Federal departments and agencies.
(8) Order proceedings and hearings in the Department of Agriculture
pursuant to Sec. 15.8(c) of this title after the program agency has
advised the applicant or recipient of his or her failure to comply and
has determined that compliance cannot be secured by voluntary means.
(9) Issue orders to give a notice of hearing or the opportunity to
request a hearing pursuant to part 15 of this title; arrange for the
designation of an Administrative Law Judge to preside over any such
hearing; and determine whether the Administrative Law Judge so
designated will make an initial decision or certify the record to the
Secretary of Agriculture with his or her recommended findings and
proposed action.
(10) Authorize the taking of action pursuant to Sec. 15.8(a) of
this title relating to compliance by ``other means authorized by law.''
(11) Make determinations required by Sec. 15.8(d) of this title
that compliance cannot be secured by voluntary means, and then take
action, as appropriate.
(12) Make determinations that program complaint investigations
performed under Sec. 15.6 of this title establish a proper basis for
findings of discrimination, and that actions taken to correct such
findings are adequate; and perform investigations and make
determinations, on both the merits and required corrective action, as
to complaints filed under subpart B of part 15 of this title.
(13) Conduct investigations and compliance reviews Departmentwide.
(14) Develop regulations, plans, and procedures necessary to carry
out the
[[Page 31836]]
Department's civil rights programs, including the development,
implementation, and coordination of Action Plans.
(15) Perform staff work for the Director of Equal Employment
Opportunity including coordination of the Department's affirmative
employment program, special emphasis programs, Federal equal
opportunity recruitment program, equal employment opportunity
evaluations, and development of policy.
(16) Provide equal employment opportunity services for managers and
employees in the Departmental staff offices.
(17) Provide liaison on equal employment opportunity programs and
activities with the Equal Employment Opportunity Commission, the Office
of Personnel Management, USDA agencies, Department employees, and
applicants for positions within the Department.
(18) Monitor, evaluate, and report on agency compliance with
established policy and executive orders which further the participation
of historically black colleges and universities and with other colleges
and universities with substantial monitored group enrollment in
Departmental programs and activities.
(19) Perform the EEO counseling function for the Department.
(20) Maintain liaison with historically black colleges and
universities and other colleges and universities with substantial
minority group enrollment, and assisting USDA agencies in strengthening
such institutions by facilitating institutional participation in USDA
programs and activities and by encouraging minority students to pursue
curricula that could lead to careers in the food and agricultural
sciences.
(21) Process formal EEO discrimination complaints, up to the
appellate stage, by employees or applicants for employment.
(22) Administer the discrimination appeals and complaints program
for the Department, including all formal individual or group appeals,
where the system provides for an avenue of redress to the Department
level, Equal Employment Opportunity Commission, or other outside
authority.
(24) Perform staff work for the Director of Equal Employment
Opportunity on the preparation of decisions on complaints of
discrimination.
(25) Provide liaison on EEO matters concerning complaints and
appeals with USDA agencies and Department employees.
(26) Investigate USDA EEO complaints, with authority to enter into
and administer contracts for such investigations.
(27) Make final decisions on complaints and grievance appeals,
except in those cases where the Director, Office of Civil Rights
Enforcement has participated, when it is determined that such complaint
or grievance appeals are not being decided in a timely manner.
(28) Make final decisions on formal grievance appeals in all cases
where the Deciding Official:
(i) Was involved directly in the grievance; or
(ii) Made the informal decision; or
(iii) Determines that the Examiner's findings or Committee's
recommendations is unacceptable.
(29) The provisions of paragraphs (a)(27) and (a)(28) of this
section shall not apply for positions in, or applicants for positions
in, the Office of Inspector General.
(b) [Reserved]
Sec. 2.90 Director, Office of Information Resources Management.
(a) Delegations. Pursuant to Secs. 2.24(a)(4) and (a)(6), the
following delegations of authority are made by the Assistant Secretary
for Administration to the Director, Office of Information Resources
Management:
(1) Assist the Senior Official designated under the Paperwork
Reduction Act of 1980 (44 U.S.C. 3501-3520), with the development of
Departmental information resource management principles, policies and
objectives.
(2) Coordinate with the Senior Official designated under the
Paperwork Reduction Act of 1980 (44 U.S.C. 3501-3520), the development
and promulgation of Departmental information resources management
standards, guidelines, rules, and regulations necessary to implement
approved principles, policies, and objectives.
(3) Develop and implement an information resources management
planning system which will integrate short-term and long-term
objectives and coordinate agency and staff office initiatives in
support of the objectives.
(4) Provide Departmentwide guidance and direction in planning,
developing, documenting, and managing applications software projects in
accordance with Federal and Department information processing
standards, procedures, and guidelines.
(5) Provide Departmentwide guidance and direction in all aspects of
the USDA information management program including feasibility studies;
economic analyses; systems design; acquisition of equipment, software,
services, and timesharing arrangements; systems installation; systems
performance and capacity evaluation; and security. Monitor these
activities for agencies' major systems development efforts to assure
effective and economic use of resources and compatibility among systems
of various agencies when required.
(6) Manage the Departmental Computer Centers, including setting of
rates to recover the cost of goods and services within approved policy
and funding levels.
(7) Review and evaluate information resource management activities
related to delegated functions to assure that they conform to all
applicable Federal and Department information resource management
policies, plans, standards, procedures, and guidelines.
(8) Design, develop, implement, and revise systems, processes, work
methods, and techniques to improve the management and operational
effectiveness of information resources.
(9) Administer the Departmental records, forms, reports, and
directives management programs, in coordination with the Senior
Official designated under the Paperwork Reduction Act of 1980 (44
U.S.C. 3501-3520).
(10) Manage all aspects of the USDA telecommunications program
including planning, development, acquisition, and use of equipment and
systems for voice and data communications, excluding the actual
procurement of data transmission equipment, software, maintenance, and
related supplies. Manage Departmental telecommunications contracts.
Provide technical advice throughout the Department on
telecommunications matters.
(11) Implement a program for applying information resources
management technology to improve productivity in the Department.
(12) Provide leadership to integrate and unify the management
process for the Department's major information resource management
system acquisitions and to monitor implementation of the policies and
practices set forth in applicable OMB Circulars.
(13) Provide Departmental services related to Departmental
administrative regulations, Secretarial issuances, and related
management support.
(14) Plan, develop, install, and operate computer-based systems for
message exchange, scheduling, computer conferencing, and other
applications of office automation technology which can be commonly
[[Page 31837]]
used by multiple Department agencies and offices.
(15) Provide automation, forms management, files management,
directives management, and related services, with authority to take any
action required by law or regulation to provide such services, for:
(i) The Secretary of Agriculture;
(ii) The general officers of the Department, except the Inspector
General;
(iii) The offices and agencies reporting to the Assistant Secretary
for Administration; and
(iv) Provide such of the above service for any other officer or
agency of the Department as may be agreed.
(16) Represent the Department in contacts with the General
Accounting Office, the General Services Administration, the Office of
Management and Budget, the National Bureau of Standards, and other
organizations or agencies on matters related to delegated
responsibilities.
(17) Provide staff assistance as required for the Secretary,
general officers, and other Department and agency officials.
(18) Provide related support services needed by the Department to
carry out defense responsibilities.
(19) Review, clear, and coordinate all statistical forms, survey
plans, and reporting and record keeping requirements originating in the
Department and requiring approval by the Office of Management and
Budget under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-3520).
(20) Review and make recommendations to the Assistant Secretary for
Administration on proposed waivers to Federal Information Processing
Standards (FIPS) pursuant to section 111(d)(3) of the Federal Property
and Administrative Services Act of 1949, as amended (40 U.S.C.
759(d)(3)).
(b) [Reserved]
Sec. 2.91 Delegations to the Director, Office of Operations.
(a) Delegations. Pursuant to Secs. 2.24(a)(3), (a)(4) and (a)(11),
the following delegations of authority are made by the Assistant
Secretary for Administration to the Director, Office of Operations:
(1) Promulgate Departmental policies, standards, techniques, and
procedures, and represent the Department, in the following:
(i) Contracting for and the procurement of administrative and
operating supplies, services, equipment and construction;
(ii) Socioeconomic programs relating to contracting, excepting
those matters otherwise vested by statute in the Director of Small and
Disadvantaged Business Utilization;
(iii) Selection, standardization, and simplification of program
delivery processes utilizing contracts;
(iv) Acquisition, leasing, utilization, value analysis,
construction, maintenance, and disposition of real and personal
property, including control of space assignments;
(v) Acquisition, storage, distribution and disposition of forms,
supplies and equipment;
(vi) Mail management;
(vii) Motor vehicle fleet and other vehicular transportation;
(viii) Transportation of things (traffic management);
(ix) Prevention, control, and abatement of pollution with respect
to Federal facilities and activities under the control of the
Department (Executive Order 12088, 3 CFR, 1978 Comp., p. 243);
(x) Implementation of the Uniform Relocation Assistance and Real
Property Policies Act of 1970 (42 U.S.C. 4601, et seq.); and
(xi) Development and implementation of energy management actions
related to the internal operations of the Department. Maintain liaison
with other Government agencies in these matters.
(2) Operate, or provide for the operation of, centralized
Departmental services to provide printing, copy reproduction, offset
composition, supply, mail, automated mailing lists, excess property
pool, resource recovery, shipping and receiving, forms, labor services,
issuance of general employee identification cards, supplemental
distribution of Department directives, space allocation and management,
and related management support.
(3) Exercise the following special authorities:
(i) The Director, Office of Operations, is designated as the
Department's Debarring Officer, and authorized to perform the functions
of 48 CFR part 9, subparts 9.406 and 9.407;
(ii) Conduct liaison with the Office of the Federal Register (1 CFR
part 16), including the making of required certifications pursuant to 1
CFR part 18;
(iii) Maintain custody and permit appropriate use of the official
seal of the Department;
(iv) Establish policy for the use of the official flags of the
Secretary and the Department;
(v) Coordinate collection of historical material for Presidential
Libraries;
(vi) Oversee the safeguarding of unclassified materials designated
``For Official Use Only;''
(vii) Make determinations under 48 CFR 14.406-3(a) through (d),
related to mistakes in bids alleged after opening of bids and before
award. Except for the authority to permit withdrawal of bids under 48
CFR 14.406-3(c), this authority may not be redelegated; and
(viii) Make information returns to the Internal Revenue Service as
prescribed by 26 U.S.C. 6050M and by 26 CFR 1.6050M-1 and such other
Treasury regulations, guidelines or procedures as may be issued by the
Internal Revenue Service in accordance with 26 U.S.C. 6050M. This
includes executing such verifications or certifications as may be
required by 26 CFR 1.6050M-1, and making the election allowed by 26 CFR
1.6050M-1(d)(5)(i).
(4) Provide procurement, property management, space management,
communications (telephone), messenger, and related services with
authority to take actions required by law or regulation to perform such
services for:
(i) The Secretary of Agriculture;
(ii) The general officers of the Department, except the Inspector
General;
(iii) The offices and agencies reporting to the Assistant Secretary
for Administration; and
(iv) Provide such of the above services listed in paragraph (a)(4)
of this section for any other officers or agencies of the Department as
may be agreed.
(5) Exercise full Departmentwide contracting and procurement
authority for automatic data processing and data transmission
equipment, software, services, maintenance, and related supplies,
subject to the review of the Senior Official designated under the
Paperwork Reduction Act of 1980 (44 U.S.C. 3501-3520). This authority
includes the promulgation of Departmental directives regulating the
management of contracting and procurement functions.
(6) Provide related support services needed by the Department to
carry out defense responsibilities.
(7) Provide staff assistance for the Secretary, general officers
and other Department and agency officials.
(8) Represent the Department in contacts with the General
Accounting Office, the General Services Administration, the Office of
Management and Budget, and other organizations or agencies on matters
related to assigned responsibilities.
(9) Exercise authority under the Department's Acquisition Executive
(Assistant Secretary for Administration) to integrate and unify the
management process for the Department's major system acquisitions and
to monitor implementation of the policies and practices set forth in
OMB Circular A-
[[Page 31838]]
109, Major Systems Acquisitions. This delegation includes the authority
to:
(i) Insure that OMB Circular A-109 is effectively implemented in
the Department and that the management objectives of the Circular are
realized;
(ii) Review the program management of each major system
acquisition;
(iii) Designate the program manager for each major system
acquisition; and
(iv) Designate any Departmental acquisition as a major system
acquisition under OMB Circular A-109.
(10) Pursuant to Executive Order 12352, 3 CFR, 1982 Comp., p. 137,
and sections 16, 20(b), and 21 of the Office of Federal Procurement
Policy Act, as amended, 41 U.S.C. 414, 418(b) and 418, the Director,
Office of Operations, is designated as the Senior Procurement Executive
for the Department with responsibility for the following:
(i) Prescribing and publishing Departmental procurement policies,
regulations, and procedures;
(ii) Taking any necessary actions consistent with policies,
regulations, and procedures with respect to purchases, contracts,
leases, and other transactions;
(iii) Designating contracting officers;
(iv) Establishing clear lines of contracting authority;
(v) Evaluating and monitoring the performance of the Department's
procurement system;
(vi) Managing and enhancing career development of the procurement
work force;
(vii) Participating in the development of Government-wide
procurement policies, regulations, and standards and determining
specific areas where Government-wide performance standards should be
established and applied;
(viii) Determining areas of Department-unique standards and
developing unique Department-wide standards;
(ix) Certifying to the Secretary that the procurement system meets
approved standards;
(x) Prescribing standards for agency Procurement Executives and
designating agency Procurement Executives when these standards are met;
(xi) Redelegating, as appropriate, the authority in paragraph
(a)(10)(i) of this section to USDA agency Procurement Executives or
other qualified agency officials with no power of further redelegation;
and
(xii) Redelegating the authorities in paragraphs (a)(10) (ii),
(iii), (iv), (vi), and (vii) of this section to USDA agency Procurement
Executives or other qualified agency officials with the power of
further redelegation.
(11) Promulgate Departmental policies, standards, techniques, and
procedures and represent the Department in maintaining the security of
physical facilities, self-protection, and warden services.
(12) With respect to land and facilities under his or her
authority, exercise the functions delegated to the Secretary by
Executive Order 12580, 3 CFR, 1987 Comp., p. 193, under the following
provisions of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (``the Act''), as amended:
(i) Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a),
(b), and (c)(4)), with respect to removal and remedial actions in the
event of release or threatened release of a hazardous substance,
pollutant, or contaminant into the environment;
(ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with
respect to information gathering and access requests and orders;
compliance with Federal health and safety standards and wage and labor
standards applicable to covered work; and emergency procurement powers;
(iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with
respect to the reduction of exposure to significant risk to human
health;
(iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to
the acquisition of real property and interests in real property
required to conduct a remedial action;
(v) The first two sentences of section 105(d) of the Act (42 U.S.C.
9605(d)), with respect to petitions for preliminary assessment of a
release or threatened release;
(vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to
consideration of the availability of qualified minority firms in
awarding contracts, but excluding that portion of section 105(f)
pertaining to the annual report to Congress;
(vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the
assessment of civil penalties for violations of section 122 of the Act
(42 U.S.C. 9622), and the granting of awards to individuals providing
information;
(viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect
to the designation of officials who may obligate money in the Hazardous
Substances Superfund;
(ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to
establishing an administrative record upon which to base the selection
of a response action and identifying and notifying potentially
responsible parties;
(x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to
preliminary assessment and site inspection of facilities;
(xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and
(c)), with respect to public participation in the preparation of any
plan for remedial action and explanation of variances from the final
remedial action plan for any remedial action or enforcement action,
including any settlement or consent decree entered into;
(xii) Section 119 of the Act (42 U.S.C. 9119), with respect to
indemnifying response action contractors;
(xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to
cleanup standards; and
(xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C.
9622(b)(1)), related to mixed funding agreements.
(13) With respect to facilities and activities under his or her
authority, to exercise the authority of the Secretary of Agriculture
pursuant to section 1-102 related to compliance with applicable
pollution control standards and section 1-601 of Executive Order 12088,
3 CFR, 1978 Comp., p. 243, to enter into an inter-agency agreement with
the United States Environmental Protection Agency, or an administrative
consent order or a consent judgment in an appropriate State,
interstate, or local agency, containing a plan and schedule to achieve
and maintain compliance with applicable pollution control standards
established pursuant to the following:
(i) Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act, as further amended by the Hazardous and
Solid Waste Amendments, and the Federal Facility Compliance Act (42
U.S.C. 6901, et seq.);
(ii) Federal Water Pollution Prevention and Control Act, as amended
(33 U.S.C. 1251, et seq.);
(iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f, et
seq.);
(iv) Clean Air Act, as amended (42 U.S.C. 7401, et seq.);
(v) Noise Control Act of 1972, as amended (42 U.S.C. 4901, et
seq.);
(vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601, et
seq.);
(vii) Federal Insecticide, Fungicide, and Rodenticide Act, as
amended (7 U.S.C. 136, et seq.); and
(viii) Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended by the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. 9601, et seq.).
[[Page 31839]]
(b) [Reserved]
Sec. 2.92 Director, Office of Personnel.
(a) Delegations. Pursuant to Secs. 2.24(a)(4), (a)(5) and (a)(7),
subject to reservations in Sec. 2.24(b)(1), the following delegations
of authority are made by the Assistant Secretary for Administration to
the Director of Personnel:
(1) Authority to formulate and issue Department policy, standards,
rules and regulations relating to personnel.
(2) Provide personnel management procedural guidance and
operational instructions.
(3) Design and establish personnel data systems.
(4) Inspect and evaluate personnel management operations and issue
instructions or take direct action to insure conformity with
appropriate laws, Executive orders, Office of Personnel Management
rules and regulations, and other appropriate rules and regulations.
(5) Exercise final authority in all personnel matters, including
individual cases, that involve the jurisdiction of more than one
General Officer.
(6) Receive, review, and recommend action on all requests for the
Secretary's or Assistant Secretary for Administration's approval in
personnel matters.
(7) Make final decisions on adverse actions except in those cases
where the Assistant Secretary for Administration has participated, when
it is determined that such adverse action is not being decided in a
timely manner.
(8) Represent the Department in personnel matters in all contacts
outside the Department.
(9) Specific authorities in the following operational matters:
(i) Authorize cash awards above $2,500;
(ii) Waive repayment of training expenses where employee fails to
fulfill service agreement;
(iii) Establish or change standards and plans for awards to private
citizens;
(iv) Execute, change, extend, or renew:
(A) Labor-Management Agreements; and
(B) Association of Management Officials or Supervisor's Agreements.
(v) Represent any part of the Department in all contacts and
proceedings with the National Offices of Labor Organizations;
(vi) Change a position (with no material change in duties) from GS
to a pay system other than a wage system, or vice versa;
(vii) Grant restoration rights, and release employees with
administrative re-employment rights;
(viii) Change working hours for groups of 50 or more employees in
the Washington, D.C. metropolitan area;
(ix) Authorize any mass dismissals of employees in the Washington,
D.C. metropolitan area;
(x) Approve ``normal line of promotion'' cases in the excepted
service where not in accordance with time-in grade criteria;
(xi) Make final decisions on adverse action and performance rating
appeals in all cases where the Deciding Official:
(A) Was involved directly in the adverse action, or performance
rating appeal; or
(B) Made the informal decision; or
(C) Determines that the Examiner's findings or Committee's
recommendations is unacceptable.
(xii) Make the final decision on all classification appeals from
agency appellate decisions;
(xiii) Authorize all employment actions (except nondisciplinary
separations and LWOP) and classification actions for senior level and
equivalent positions including Senior Executive Service positions and
special authority professional and scientific positions responsible for
carrying out research and development functions;
(xiv) Authorize all employment actions (except LWOP) for the
following positions:
(A) Schedule C; and
(B) Administrative Law Judge.
(xv) Authorize employment actions (accessions or extensions) for
the following:
(A) Employees whose records are flagged; and
(B) Contract services.
(xvi) Authorize employment actions (accessions or extensions and
transfers) for the following:
(A) Persons with criminal or immoral records;
(B) Persons separated for misconduct, delinquency, or resignation
to avoid such action; and
(C) Veterans with dishonorable or other than dishonorable
discharge.
(xvii) Authorize adverse actions for positions in GS-14-15 and
equivalent;
(xviii) Approve assignments of White House details;
(xix) Authorize adverse actions based in whole or in part on an
allegation of violation of 5 U.S.C. chapter 73, subchapter III, for
employees in the excepted service;
(xx) Authorize long-term training in programs which require
Department-wide competition;
(xxi) Issue all Coordinated Federal Wage Systems (CFWS) Department-
wide Wage Schedules, and Lithographic Wage Schedules in the Washington,
D.C. Metropolitan Area; and
(xxii) Initiate and take adverse action in cases involving a
violation of the merit system.
(10) As used herein, the term personnel includes:
(i) Position management;
(ii) Position classification;
(iii) Employment;
(iv) Pay administration;
(v) Automation of personnel data and systems design;
(vi) Hours of duty;
(vii) Performance evaluation and standards;
(viii) Promotions;
(ix) Employee development;
(x) Incentive programs;
(xi) Leave;
(xii) Retirement;
(xiii) Program evaluation;
(xiv) Social security;
(xv) Life insurance;
(xvi) Health benefits;
(xvii) Unemployment compensation;
(xviii) Labor management relations;
(xix) Intramanagement consultation;
(xx) Security;
(xxi) Discipline; and
(xxii) Appeals.
(11) Provide personnel services, as listed in paragraph (a)(10) of
this section, and organizational support services, with authority to
take actions required by law or regulation for:
(i) The Secretary of Agriculture;
(ii) The general officers of the Department, except the Inspector
General;
(iii) The offices and agencies reporting to the Assistant Secretary
for Administration, except the National Finance Center; and
(iv) Provide such of the above services, for any other officer or
agency of the Department as may be agreed.
(12) Provide personnel services relating to defense
responsibilities of the Department.
(13) The provisions of paragraphs (a)(9) (xiii) through (xvii) of
this section shall not apply to positions in, or applicants for
positions in, the Office of Inspector General.
(14) Maintain, review and update departmental delegations of
authority.
(15) Authorize organizational changes which occur in:
(i) Departmental organizations:
(A) Service or office;
(B) Division (or comparable component); and
(C) Branch (or comparable component in departmental centers, only).
(ii) Field organizations:
(A) First organizational level; and
(B) Next lower organizational level--required only for those types
of field
[[Page 31840]]
installations where the establishment, change in location, or abolition
of same requires approval in accordance with Departmental Regulation
1010-1, available from the Chief, Information Management Division,
Office of Information Resources Management, Room 403-W, Administration
Building, U.S. Department of Agriculture, Washington, D.C. 20250.
(16) Formulate and promulgate departmental organizational
objectives and policies.
(17) Provide staff assistance and support to the Department's
Committee Management Officer.
(18) Formulate policies and procedures on the establishment and
management of committees in the Department.
(19) Consult with GSA and Departmental agencies on the
establishment and reestablishment of advisory committees.
(20) Establish Departmentwide safety and health policy and provide
leadership in the development, coordination, and implementation of
related standards, techniques, and procedures, and represent the
Department in complying with laws, Executive orders and other policy
and procedural issuances related to occupational safety and health
within the Department.
(21) Represent the Department in all rulemaking, advisory or
legislative capacities on any groups, committees, or Governmentwide
activities that affect the USDA Occupational Safety and Health
Management Program.
(22) Determine and/or provide Departmentwide technical services and
regional staff support for the safety and health programs.
(23) Administer the computerized management information systems for
the collection, processing and dissemination of data related to the
Department's occupational safety and health programs.
(24) Administer the administrative appeals process related to the
inclusion of positions in the Testing Designated Position listing in
the USDA Drug-Free Workplace Program and designate the final appeal
officer for that Program.
(25) Administer the Department's Occupational Health and Preventive
Medical Program, as well as design and operate employee assistance and
workers' compensation activities.
(26) Provide education and training on a Departmentwide basis for
safety and health related issues and develop resource and operational
manuals.
(b) Reservation. The following authority is reserved to the
Assistant Secretary for Administration: Authorize organizational
changes occurring in a Department service or staff office which affect
the overall structure of that service or office; i.e., require a change
to that service or office's overall organization chart.
For Subparts A, B, C and D :
Dated: May 22, 1995.
Dan Glickman,
Secretary of Agriculture.
For Subpart E:
Dated: May 22, 1995.
Richard E. Rominger,
Deputy Secretary of Agriculture.
For Subpart F:
Dated: May 25, 1995.
Gene Moos,
Under Secretary for Farm and Foreign Agricultural Services.
For Subpart G:
Dated: May 25, 1995.
Michael V. Dunn,
Acting Under Secretary for Rural Economic and Community Development.
For Subpart H:
Dated: June 1, 1995.
Michael Taylor,
Acting Under Secretary for Food Safety.
For Subpart I:
Dated: May 30, 1995.
Ellen Haas,
Under Secretary for Food, Nutrition, and Consumer Services.
For Subpart J:
Dated: May 25, 1995.
James R. Lyons,
Under Secretary for Natural Resources and Environment.
For Subpart K:
Dated: May 30, 1995.
Karl N. Stauber,
Under Secretary for Research, Education and Economics.
For Subpart L:
Dated: May 30, 1995.
Keith Collins,
Chief Economist.
For Subpart M:
Dated: May 31, 1995.
Anthony A. Williams,
Chief Financial Officer.
For Subpart N:
Dated: May 30, 1995.
Patricia Jensen,
Acting Assistant Secretary for Marketing and Regulatory Programs.
For Subpart O:
Dated: May 30, 1995.
P. Scott Shearer,
Acting Assistant Secretary for Congressional Relations.
For Subpart P:
Dated: May 31, 1995.
Warden C. Townsend, Jr.,
Assistant Secretary for Administration.
[FR Doc. 95-14564 Filed 6-15-95; 8:45 am]
BIING CODE 3410-01-P