[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]]

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Part II





Department of Agriculture





_______________________________________________________________________



Office of the Secretary



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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