[Federal Register Volume 62, Number 240 (Monday, December 15, 1997)]
[Rules and Regulations]
[Pages 65593-65596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32615]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / 
Rules and Regulations  

[[Page 65593]]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 2


Revision of Delegations of Authority

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document revises the delegations of authority from the 
Secretary of Agriculture and general officers of the Department due to 
passage of the Federal Agriculture Improvement and Reform Act.

EFFECTIVE DATE: Effective December 15, 1997.

FOR FURTHER INFORMATION CONTACT: Patrick J. Casula, Legislative Affairs 
Officer, Cooperative State Research, Education, and Extension Service, 
USDA, Room 355-A, Jamie L. Whitten Federal Bldg., Washington, D.C. 
20250-2200, telephone 202-720-4465.

SUPPLEMENTARY INFORMATION: On April 4, 1996, the Federal Agriculture 
Improvement and Reform Act of 1996, Pub. L. 104-127, was signed into 
law. With the enactment of this new law many existing authorities were 
either modified or extended and some new ones added. It is necessary 
for these authorities to be reflected as delegations to General 
Officers and Agency Administrators. This document lays out these 
delegations of authority as they have been modified and expanded. This 
rule relates to internal agency management. Therefore, pursuant to 5 
U.S.C. 553, notice of proposed rulemaking and opportunity for comment 
are not required, and this rule may be made effective less than 30 days 
after publication in the Federal Register.
    Further, since this rule relates to internal agency management, it 
is exempt from the provisions of Executive Orders 12866 and 12988. 
Finally, this action is not a rule as defined by Public Law No. 96-354, 
the Regulatory Flexibility Act, and the Small Business Regulatory 
Fairness Enforcement Act, 5 U.S.C. 801 et seq., and, thus, is exempt 
from their provisions.

List of Subjects in 7 CFR Part 2

    Authority Delegations (Government agencies).

    Accordingly, 7 CFR Part 2 is amended as set forth below.

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

    1. The authority for Part 2 continues to read as follows:

    Authority: 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 C--Delegations of Authority to the Deputy Secretary, the 
Under Secretaries and Assistant Secretaries

    2. In subpart C, Sec. 2.21 is amended by removing and reserving 
paragraphs (a)(1)(xvii), (a)(1)(xxi), (a)(1)(xxii), (a)(1)(xxxviii), 
(a)(1)(liv), (a)(1)(lxxx), (a)(1)(lxxxi), (a)(1)(lxxxii), 
(a)(1)(lxxxvii), (a)(1)(lxxxix), (a)(1)(xcii), and (a)(7)(iv), by 
revising paragraphs (a)(1)(x), (a)(1)(xxxi), (a)(1)(xxxix), 
(a)(1)(xliv), (a)(1)(xlviii), (a)(1)(l), (a)(1)(li), (a)(1)(lii), 
(a)(1)(lviii), (a)(1)(lxxxvi), (a)(1)(cxiv), (a)(1)(cxxvi), 
(a)(1)(cxxxiv), (a)(4), (a)(8)(iv), and (a)(8)(x)(E), and by adding new 
paragraphs (a)(1)(cxxxvii), (a)(1)(cxxxviii), (a)(1)(cxxxix), 
(a)(1)(cxl), (a)(1)(cxli), (a)(1)(cxlii), (a)(1)(cxliii), 
(a)(1)(cxliv), (a)(1)(cxlv), (a)(1)(cxlvi), (a)(1)(cxlvii), 
(a)(1)(cxlviii), and (a)(1)(cxlix), as follows:


Sec. 2.21  Under Secretary for Research, Education, and Economics.

    (a) * * *
    (1) * * *
    (x) Evaluate, assess, and report to congressional agriculture 
committees on the merits of proposals for agricultural research 
facilities in the States. Establish a task force on a 10-year strategic 
plan for agricultural research facilities (7 U.S.C. 390 et seq.).
* * * * *
    (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. Promote 
coordinated and integrated rural community initiatives that advance and 
empower capacity building (7 U.S.C. 2662).
* * * * *
    (xxxix) Establish and oversee the National Agricultural Research, 
Extension, Education, and Economics Advisory Board (7 U.S.C. 3123).
* * * * *
    (xliv) Formulate and administer programs to strengthen secondary 
education and two-year post secondary teaching programs; promote 
linkages between secondary, two-year postsecondary, and higher 
education programs in the food and agricultural sciences; administer 
grants to secondary education and two-year post secondary teaching 
programs, and to colleges and universities (7 U.S.C. 3152).
* * * * *
    (xlviii) Administer a National Food and Human Nutrition Research 
and Extension Program. Establish and administer a Human Nutrition 
Intervention and Health Promotion Research Program (7 U.S.C. 3171-
3175).
* * * * *
    (l) Support continuing agricultural and forestry extension and 
research, 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, 3222c).
    (li) Administer grants to 1890 land-grant colleges, including 
Tuskegee University, through Federal-grant funds to help finance 
research facilities and equipment including agricultural libraries (7 
U.S.C. 3223).
    (lii) Establish and administer competitive grants (or grants 
without regard to any requirement for competition) to Hispanic-serving 
Institutions for the purpose of promoting and strengthening the ability 
of Hispanic-serving Institutions to carry out education, applied 
research, and related community development programs (7 U.S.C. 3241).
* * * * *
    (lviii) Conduct research and development and implement a program 
for the development of supplemental and alternative crops (7 U.S.C. 
3319d).
* * * * *
    (lxxxvi) Make competitive grants to support research to eradicate 
and

[[Page 65594]]

control Brown Citrus Aphid and Citrus Tristeza Virus (7 U.S.C. 5925).
* * * * *
    (cxiv) Maintain a National Arboretum for the purposes of research 
and education concerning tree and plant life, and order disbursements 
from the Treasury, in accordance with the Act of March 4, 1927 (20 
U.S.C. 191 et seq.).
* * * * *
    (cxxvi) Formulate, write, or prescribe bibliographic and 
technically related standards for the library and information services 
of USDA (7 U.S.C. 3125a et seq.).
* * * * *
    (cxxxiv) Represent the Department on the National Science and 
Technology Council.
* * * * *
    (cxxxvii) Establish and administer a 1994 Institutions Endowment 
Fund and to enter into agreements necessary to do this (Section 533(b) 
and (c) of the Equity in Educational Land-Grant Status Act of 1994, 7 
U.S.C. 301 note).
    (cxxxviii) Make grants in equal amounts to 1994 Land-Grant 
Institutions to be used in the same manner as is prescribed for 
colleges under the Act of August 30, 1890 (7 U.S.C. 321 et seq.), and 
subject to the requirements of such Act (Section 534(a) of the Equity 
in Educational Land-Grant Status Act of 1994, 7 U.S.C. 301 note).
    (cxxxix) Make competitive Institutional Capacity Building Grants to 
assist 1994 Land-Grant Institutions with constructing, acquiring, and 
remodeling buildings, laboratories, and other capital facilities 
(including fixtures and equipment) necessary to conduct instructional 
activities more effectively in agriculture and sciences (Section 535 of 
the Equity in Educational Land-Grant Status Act of 1994, 7 U.S.C. 301 
note).
    (cxl) Implement and administer the Community Food Projects Program 
pursuant to the provisions of section 25 of the Food Stamp Act of 1977 
(7 U.S.C. 2034).
    (cxli) Receive, accept, and administer funds for the purpose of 
awarding research, extension, and education competitive grants pursuant 
to the Fund for Rural America (7 U.S.C. 2204f).
    (cxlii) Coordinate the Department of Agriculture summer intern 
program pursuant to section 922 of the Federal Agriculture Improvement 
and Reform Act (7 U.S.C. 2279c).
    (cxliii) Develop and carry out a system to monitor and evaluate 
agricultural research and extension activities conducted or supported 
by the Department that will enable the Secretary to measure the impact 
and effectiveness of research, extension, and education programs 
according to priorities, goals, and mandates established by law. 
Conduct a comprehensive review of state-of-the-art information 
technology systems for use in developing the system (7 U.S.C. 3129).
    (cxliv) Make grants, competitive grants, and special research 
grants to, and enter into cooperative agreements and other contracting 
instruments with, policy research centers (7 U.S.C. 3155).
    (cxlv) Conduct a pilot research program to link major cancer and 
heart and other circulatory disease research efforts with agricultural 
research efforts to identify compounds in vegetables and fruits that 
prevent these diseases (7 U.S.C. 3174a).
    (cxlvi) Administer grants to 1890 land-grant colleges, including 
Tuskegee University, through Federal-grant funds to help finance and 
upgrade agricultural and food science facilities which are used for 
research, extension, and resident instruction (7 U.S.C. 3222b).
    (cxlvii) Administer the Stuttgart National Aquaculture Research 
Center (16 U.S.C. 778 et seq.; Pub. L. 104-127, sec. 889).
    (cxlviii) Provide technical and educational assistance to conserve 
and enhance private grazing land resources (16 U.S.C. 2005b).
    (cxlix) Provide technical assistance to farmers and ranchers under 
the Environmental Quality Incentives Program (16 U.S.C. 3830 et seq.).
* * * * *
    (4) Related to rural development activities. Provide guidance and 
direction for the accomplishment of activities authorized under Section 
V of the Rural Development Act of 1972, as amended (7 U.S.C. 2661 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 Development.
* * * * *
    (8) * * *
    (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 covering official state 
and national estimates (7 U.S.C. 476, 951, and 2204).
* * * * *
    (x) * * *
    (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 agreements to the 
Secretary of Agriculture (7 U.S.C. 3291(a)).
* * * * *

Subpart K--Delegations of Authority by the Under Secretary for 
Research, Education, and Economics

    3. In subpart K, section 2.65 is amended by adding new paragraphs 
(a)(93) through (a)(98), by removing and reserving paragraphs (a)(10), 
(a)(19), (a)(28), (a)(40), (a)(44), (a)(45), (a)(54), (a)(67), (a)(70), 
and (a)(71), and by revising paragraphs (a)(51), (a)(64), and (a)(90), 
as follows:


Sec. 2.65  Administrator, Agricultural Research Service.

    (a) * * *
    (51) Maintain a National Arboretum for the purposes of research and 
education concerning tree and plant life, and order disbursements from 
the Treasury, in accordance with the Act of March 4, 1927 (20 U.S.C. 
191 et seq.).
* * * * *
    (64) Administer a National Food and Human Nutrition Research 
Program and a Human Nutrition Intervention and Health Promotion 
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).
* * * * *
    (90) Formulate, write, or prescribe bibliographic and technically 
related standards for the library and information services of USDA (7 
U.S.C. 3125a et seq.).
* * * * *
    (93) 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.

[[Page 65595]]

    (94) Administer the Stuttgart National Aquaculture Research Center 
(16 U.S.C. 778 et seq.; Pub. L. 104-127, sec. 889).
    (95) Provide technical and educational assistance to conserve and 
enhance private grazing land resources (16 U.S.C. 2005b).
    (96) Provide technical assistance to farmers and ranchers under the 
Environmental Quality Incentives Program (16 U.S.C. 3830 et seq.).
    (97) 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).
    (98) Coordinate USDA activities delegated under 15 U.S.C. 3710a-
3710c.
    4. In subpart K, section 2.66 is amended by removing and reserving 
(a)(21), (a)(40), (a)(44), (a)(45), and (a)(48), by revising paragraphs 
(a)(10), (a)(13), (a)(16), (a)(18), (a)(19), (a)(25), (a)(26), (a)(66), 
and (a)(74), and by adding new paragraphs (a)(98) through (a)(118), as 
follows:


Sec. 2.66  Administrator, Cooperative State Research, Education, and 
Extension Service.

    (a) * * *
    (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. Promote coordinated and 
integrated rural community initiatives that advance and empower 
capacity building (7 U.S.C. 2661-2667).
* * * * *
    (13) Formulate and administer programs to strengthen secondary 
education and two-year post secondary teaching programs; promote 
linkages between secondary, two-year postsecondary, and higher 
education programs in the food and agricultural sciences; administer 
grants to secondary education and two-year post secondary teaching 
programs, and to colleges and universities (7 U.S.C. 3152).
* * * * *
    (16) Make grants, competitive grants, and special research grants 
to, and enter into agreements and other contracting instruments with 
policy research centers (7 U.S.C. 3155).
* * * * *
    (18) Support continuing agricultural and forestry extension and 
research, 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, 3222c).
    (19) Administer grants to 1890 land-grant colleges, including 
Tuskegee University, through Federal-grant funds to help finance and 
upgrade agricultural and food science facilities which are used for 
research, extension, and resident instruction (7 U.S.C. 3222b).
* * * * *
    (25) Conduct research and develop and implement a program for the 
development of supplemental and alternative crops (7 U.S.C. 3319d).
    (26) 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).
* * * * *
    (66) Administer a grants program for rural health and safety 
education and promote coordinated and integrated rural community 
initiatives that advance and empower capacity building (7 U.S.C. 2662).
* * * * *
    (74) Administer a National Food and Human Nutrition Research and 
Extension Program (7 U.S.C. 3171-3173, 3175).
* * * * *
    (98) Establish and administer a 1994 Institutions Endowment Fund 
and to enter into agreements necessary to do this (Section 533(b)(c) of 
the Equity in Educational Land-Grant Status Act of 1994, 7 U.S.C. 301 
note).
    (99) Make grants in equal amounts to 1994 Land-Grant Institutions 
to be used in the same manner as is prescribed for colleges under the 
Act of August 30, 1890 (26 Stat. 417, chapter 841; 7 U.S.C. 321 et 
seq.) (commonly known as the Second Morrill Act), and subject to the 
requirements of such Act (Sections 533 and 534 of the Equity in 
Educational Land-Grant Act of 1994, 7 U.S.C. 301 note).
    (100) Make competitive Institutional Capacity Building Grants to 
assist 1994 Institutions with constructing, acquiring, and remodeling 
buildings, laboratories, and other capital facilities (including 
fixtures and equipment) necessary to conduct instructional activities 
more effectively in agriculture and sciences (Section 535 of the Equity 
in Educational Land-Grant Status Act of 1994, 7 U.S.C. 301 note).
    (101) Implement and administer the Community Food Projects Program 
pursuant to the provisions of section 25 of the Food Stamp Act of 1977 
(7 U.S.C. 2034).
    (102) Receive, accept, and administer funds for the purpose of 
awarding research, extension, and education competitive grants pursuant 
to the Fund for Rural America (7 U.S.C. 2204f).
    (103) Develop and carry out a system to monitor and evaluate 
agricultural research and extension activities conducted or supported 
by the Department of Agriculture that will enable the Secretary to 
measure the impact and effectiveness of research, extension, and 
education programs according to priorities, goals, and mandates 
established by law. Conduct a comprehensive review of state-of-the-art 
information technology systems for use in developing the system (7 
U.S.C. 3129).
    (104) Conduct a pilot research program to link major cancer and 
heart and other circulatory disease research efforts with agricultural 
research efforts to identify compounds in vegetables and fruits that 
prevent these diseases (7 U.S.C. 3174a).
    (105) Administer grants to 1890 land-grant colleges, including 
Tuskegee University, through Federal-grant funds to help finance 
research facilities and equipment including agricultural libraries (7 
U.S.C. 3223).
    (106) Establish and administer competitive grants (or grants 
without regard to any requirement for competition) to Hispanic-serving 
Institutions for the purpose of promoting and strengthening the ability 
of Hispanic-serving Institutions to carry out education, applied 
research, and related community development programs (7 U.S.C. 3241).
    (107) Make competitive grants to support research to eradicate and 
control Brown Citrus Aphid and Citrus Tristeza Virus (7 U.S.C. 5925).
    (108) Award a grant, on a competitive basis, to establish a red 
meat safety research center at an eligible research facility (7 U.S.C. 
5929).
    (109) 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

[[Page 65596]]

between the Department and other governmental, educational, or private 
organizations and carrying out any other activities authorized by (7 
U.S.C. 3121).
    (110) Provide staff support to the Under Secretary for Research, 
Education, and Economics related to the National Agricultural Research, 
Extension, Education, and Economics Advisory Board (7 U.S.C. 3123).
    (111) Conduct a program of grants to States to expand, renovate, or 
improve schools of veterinary medicine (7 U.S.C. 3151).
    (112) Provide technical and educational assistance to conserve and 
enhance private grazing land resources (16 U.S.C. 2005b).
    (113) Provide technical assistance to farmers and ranchers under 
the Environmental Quality Incentives Program (16 U.S.C. 3830 et seq.).
    (114) 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).
    (115) Conduct programs of research, technology development, and 
education related to global climate change (7 U.S.C. 6701-6710).
    (116) 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.
    (117) Conduct a program of nutrition education research.
    5. In subpart K, section 2.67 is amended by adding a new paragraph 
(a)(14) as follows:


Sec. 2.67  Administrator, Economic Research Service.

    (a) * * *
    (14) 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.
* * * * *
    6. In subpart K, section 2.68 is amended by adding a new paragraph 
(a)(8) and by revising paragraph (a)(1) as follows:


Sec. 2.68  Administrator, National Agricultural Statistics Service.

    (a) * * *
    (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. 
476, 951, and 2204).
* * * * *
    (8) 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.
* * * * *
    For Subpart C:

    Dated: November 28, 1997.
Dan Glickman,
Secretary of Agriculture.

    For Subpart K:

    Dated: November 26, 1997.
I. Miley Gonzalez,
Under Secretary for Research, Education, and Economics.
[FR Doc. 97-32615 Filed 12-12-97; 8:45 am]
BILLING CODE 3410-01-P