56392 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations

DEPARTMENT OF AGRICULTURE result of comments that were made, omitted. This authority formerly was revisions were made in the following exercised by the Assistant Secretary for Office of the Secretary sections: Administration. Section 2.7. The term ‘‘administrative Section 2.42(a)(28)(i). This paragraph 7 CFR Part 2 rules and regulations’’ is changed to is revised to parallel the revision made ‘‘administrative directives’’ to clarify to section 2.16(a)(2)(i)(A). The proposal Revision of Delegations of Authority that the authority delegated is to be exercised in accordance with applicable excepts from the authority delegated to AGENCY: Department of Agriculture. the Administrator, Farm Service ACTION: Final rule. internal directives. The term ‘‘in this part or elsewhere’’ is changed to ‘‘in this Agency, the authority to administer SUMMARY: This document revises the part’’ to clarify that agency heads section 303(a) (2) and (3) of the Con Act, delegations of authority from the delegated authority in this regulation relating to real estate loans for Secretary of Agriculture and general report to a general officer. recreation and non-farm purposes. It has officers of the Department due to a Section 2.16(a)(2)(i)(A). The proposal been determined that the authority to reorganization. excepts from the authority delegated to administer section 303(a) (2) and (3) of EFFECTIVE DATE: November 8, 1995. the Under Secretary for Farm and the Con Act should have been included in the Administrator’s delegation. FOR FURTHER INFORMATION CONTACT: Foreign Agricultural Services, the Accordingly, the provision is deleted Robert L. Siegler, Deputy Assistant authority to administer section 303(a) and the remaining paragraphs in section General Counsel, Research and (2) and (3) of the Consolidated Farm and Rural Development Act (‘‘Con Act’’), 2.42(a)(28) are renumbered. Operations Division, Office of the relating to real estate loans for General Counsel, Department of Section 2.43(a)(24). This paragraph is recreation and non-farm purposes. It has Agriculture, Room 2321–S, Washington, revised to parallel the revision made to been determined that the authority to D.C. 20250, telephone 202–720–6035. section 2.16(a)(3)(x). It adds to the list administer section 303(a) (2) and (3) of SUPPLEMENTARY INFORMATION: On June of acts administered by Administrator, the Con Act should have been included Foreign Agricultural Service, ‘‘the Pork 16, 1995, USDA published in the in the Under Secretary’s delegation. Promotion, Research, and Consumer Federal Register (60 FR 31766–31840) a Accordingly, the paragraph is deleted Information Act of 1985 (7 U.S.C. 4801– proposal to revise the delegations of and the remaining paragraphs in section 4819)’’. authority appearing in 7 CFR Part 2 due 2.16(a)(2)(i) are renumbered. to a reorganization of the department. Section 2.16(a)(3)(x). Adds to the list Section 2.79(a)(8)(xxxix). This The revised delegations were intended of acts administered by the Under paragraph is revised to parallel the to effectuate the Federal Crop Insurance Secretary for Farm and Foreign revision made to section Reform and Department of Agriculture Agricultural Services, ‘‘the Pork 2.22(a)(1)(viii)(EE). It adds the phrase Reorganization Act of 1994, Pub. L. Promotion, Research, and Consumer ‘‘except as specified in § 2.43(a)24)’’ to 103–354. The Act permits the Secretary Information Act of 1985 (7 U.S.C. 4801– the delegation to the Administrator, to reorganize the Department of 4819)’’. Agricultural Marketing Service relating Agriculture. The Act authorized the Section 2.22(a)(1)(viii)(EE). To be to the Pork Promotion, Research, and establishment of subcabinet positions consistent with the above delegation to Consumer Information Act of 1985. and the restructuring of agencies and the Under Secretary for Farm and Section 2.80(a)(23). The citation to 28 offices of the Department of Agriculture. Foreign Agricultural Services, the Hour Law was corrected to read ‘‘49 In addition, the proposal noted that phrase ‘‘except as delegated to the U.S.C. 80502’’ in the delegation to the pursuant to Public Law 101–576, the Under Secretary for Farm and Foreign Administrator, Animal and Plant Health Chief Financial Officers Act of 1990, Agricultural Services in § 2.16(a)(3)(x)’’ Inspection Service. there is required to be in the Department is added to the delegation to the of Agriculture the position of Chief Assistant Secretary for Marketing and Section 2.87(a)(12). In this paragraph, Financial Officer (CFO). The document Regulatory Programs relating to the Pork the Assistant Secretary for proposed making delegations to the Promotion, Research, and Consumer Administration has proposed delegating CFO. Finally the document proposed Information Act of 1985. to the Director, Office of Civil Rights changing the name of the Consolidated Section 2.22(a)(2)(xxiii). The citation Enforcement, the authority to perform Farm Service Agency to the ‘‘Farm to the 28 Hour Law is corrected to read investigations and make determinations Service Agency.’’ ‘‘49 U.S.C. 80502’’ in the delegation to on both the merits and required The majority of comments that were the Assistant Secretary for Marketing corrective action as to complaints that received were from employees of USDA and Regulatory Programs. allege discrimination in USDA programs who recommended that the name of the Section 2.28(b)(16). The proposed and activities. The Assistant Secretary Consolidated Farm Service Agency be delegation to the Chief Financial Officer has determined that he should make the changed to the Farm Service Agency. is revised to add the authority to final determinations on both the merits Thirteen comments were received that provide budget, accounting, fiscal and and required corrective action as to could not be identified as being from related management services, with these complaints. Accordingly, that employees of USDA. Twelve were in authority to take action required by law portion of the paragraph that delegates favor of changing the name; one was or regulation to provide such services such responsibilities to the Director, against. All the favorable comments for Working Capital Funds and general Office of Civil Rights Enforcement, is noted that the word ‘‘Consolidated’’ appropriated and trust funds for the deleted. added little to describing the function of Secretary of Agriculture; General the agency. Upon considering all the Officers of the Department, except the List of Subjects in 7 CFR Part 2 comments received, it is determined Inspector General; for offices reporting Authority delegations (Government that the name of the agency should be to the Assistant Secretary for agencies). changed to the Farm Service Agency Administration; and for any other since that name better reflects the officer or agency as may be agreed upon. Accordingly, 7 CFR part 2 is revised mission of the agency. In addition, as a This authority was inadvertently as set forth below. Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56393

PART 2ÐDELEGATIONS OF Subpart FÐDelegations of Authority by the Subpart NÐDelegations of Authority by the AUTHORITY BY THE SECRETARY OF Under Secretary for Farm and Foreign Assistant Secretary for Marketing and AGRICULTURE AND GENERAL Agricultural Services Regulatory Programs OFFICERS OF THE DEPARTMENT 2.40 Deputy Under Secretary for Farm and 2.77 Deputy Assistant Secretary for Foreign Agricultural Services. Marketing and Regulatory Programs. Subpart AÐGeneral 2.42 Administrator, Farm Service Agency. 2.79 Administrator, Agricultural Marketing Service. Sec. 2.43 Administrator, Foreign Agricultural Service. 2.80 Administrator, Animal and Plant 2.1 Establishment of the Department. Health Inspection Service. 2.2 Authority of the Secretary to prescribe Subpart GÐDelegations of Authority by the 2.81 Administrator, Grain Inspection, regulations. Under Secretary for Rural Economic and Packers and Stockyards Administration. 2.3 Authority of the Secretary to delegate Community Development authority. Subpart OÐDelegations of Authority by the 2.4 General officers. 2.45 Deputy Under Secretary for Rural Assistant Secretary for Congressional 2.5 Order in which officers of the Economic and Community Development. Relations Department shall act as Secretary. 2.47 Administrator, Rural Utilities Service. 2.83 Deputy Assistant Secretary for 2.48 Administrator, Rural Business and Congressional Relations. Subpart BÐGeneral Delegations of Cooperative Development Service. 2.85 Director, Office of Congressional and Authority by the Secretary of Agriculture 2.49 Administrator, Rural Housing and Intergovernmental Relations. Community Development Service. 2.7 Authority to supervise and direct. Subpart PÐDelegations of Authority by the 2.8 Delegations of authority to Agency Subpart HÐDelegations of Authority by the Assistant Secretary for Administration Heads to order that the United States flag Under Secretary for Food Safety be flown at half-staff. 2.87 Deputy Assistant Secretary for 2.9 Additional delegations. 2.51 Deputy Under Secretary for Food Administration. 2.89 Director, Office of Civil Rights 2.10 Limitations. Safety. Enforcement. 2.11 New principles and periodic reviews. 2.53 Administrator, Food Safety and Inspection Service. 2.90 Director, Office of Information 2.12 Secretary and general officers not Resources Management. precluded from exercising delegated Subpart IÐDelegations of Authority by the 2.91 Director, Office of Operations. powers. Under Secretary for Food, Nutrition, and 2.92 Director, Office of Personnel. 2.13 Status of prior delegations. Consumer Services Authority: 7 U.S.C. 6912(a)(1); 5 U.S.C. Subpart CÐDelegations of Authority to the 2.55 Deputy Under Secretary for Food, 301; Reorganization Plan No. 2 of 1953, 3 Deputy Secretary, the Under Secretaries Nutrition, and Consumer Services. CFR, 1949–1953 Comp., p. 1024. and Assistant Secretaries 2.57 Administrator, Food and Consumer 2.15 Deputy Secretary. Service. Subpart AÐGeneral 2.16 Under Secretary for Farm and Foreign Subpart JÐDelegations of Authority by the § 2.1 Establishment of the Department. Agricultural Services. Under Secretary for Natural Resources The Department of Agriculture was 2.17 Under Secretary for Rural Economic and Environment and Community Development. created by the Act of May 15, 1862, and 2.59 Deputy Under Secretaries for Natural 2.18 Under Secretary for Food Safety. by the Act of February 9, 1889, it was Resources and Environment. 2.19 Under Secretary for Food, Nutrition, made an executive department in the 2.60 Chief, Forest Service. and Consumer Services. Federal Government under the 2.61 Chief, Natural Resources Conservation 2.20 Under Secretary for Natural Resources supervision and control of the Secretary Service. and Environment. of Agriculture (7 U.S.C. 2201, 2202, 2.21 Under Secretary for Research, Subpart KÐDelegations of Authority by the 2204). Education, and Economics. Under Secretary for Research, Education, 2.22 Assistant Secretary for Marketing and and Economics § 2.2 Authority of the Secretary to Regulatory Programs. prescribe regulations. 2.63 Deputy Under Secretary for Research, The general authority of the Secretary 2.23 Assistant Secretary for Congressional Education, and Economics. Relations. 2.65 Administrator, Agricultural Research to prescribe regulations governing the 2.24 Assistant Secretary for Administration. Service. work of the Department is based on 5 U.S.C. 301 which provides that the head Subpart DÐDelegations of Authority to 2.66 Administrator, Cooperative State Other General Officers and Agency Heads Research, Education, and Extension of an Executive department may Service. prescribe regulations for the government 2.26 Director, Office of the Executive 2.67 Administrator, Economic Research of his department, the conduct of its Secretariat. Service. employees, the distribution and 2.27 Office of Administrative Law Judges. 2.68 Administrator, National Agricultural performance of its business, and the 2.28 Chief Financial Officer. Statistics Service. custody, use and preservation of its 2.29 Chief Economist. records, papers, and property. 2.30 Director, Office of Budget and Program Subpart LÐDelegations of Authority by the Analysis. Chief Economist § 2.3 Authority of the Secretary to delegate 2.31 General Counsel. 2.70 Deputy Chief Economist. authority. 2.32 Alternative Agricultural Research and 2.71 Director, Office of Risk Assessment (a) The general authority of the Commercialization Board. and Cost-Benefit Analysis. Secretary to make delegations of his 2.33 Inspector General. 2.72 Chairman, World Agricultural Outlook authority is based on: 2.34 Director, National Appeals Division. Board. (1) Section 4(a) of Reorganization Plan 2.35 Judicial Officer. No. 2 of 1953 (5 U.S.C. App.), which 2.36 Director, Office of Communications. Subpart MÐDelegations of Authority by the Chief Financial Officer provides that the Secretary of Subpart EÐDelegations of Authority by the 2.75 Deputy Chief Financial Officer. Agriculture may from time to time make Deputy Secretary such provisions as he shall deem 2.37 Director, Office of Small and appropriate authorizing the performance Disadvantaged Business Utilization. by any other officer, or by an agency or 56394 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations employee, of the Department of (3) The Under Secretary for Food § 2.9 Additional delegations. Agriculture of any function of the Safety. The authority granted to a general Secretary, including any function (4) The Under Secretary for Food, officer may be exercised in the transferred to the Secretary by the Nutrition, and Consumer Services. discharge of any additional functions provisions of this reorganization plan; (5) The Under Secretary for Natural which the Secretary may assign. and Resources and Environment. (2) Section 212(a)(1) of the (6) The Under Secretary for Research, § 2.10 Limitations. Department of Agriculture Education, and Economics. The delegations made in this part Reorganization Act of 1994, Pub. L. No. (7) The General Counsel. shall not be construed to confer upon 103–354, 7 U.S.C. 6912(a)(1), which (8) The Assistant Secretary for any general officer or agency head the provides that the Secretary may delegate Marketing and Regulatory Programs. to any agency, office, officer, or authority of the Secretary to prescribe (9) The Assistant Secretary for employee of the Department the regulations which by law require Administration. authority to perform any function approval of the President. transferred to the Secretary under 7 (10) The Assistant Secretary for Congressional Relations. § 2.11 New principles and periodic U.S.C. 6912(a) or any other function reviews. vested in the Secretary as of the date of (b) [Reserved] In the exercise of authority delegated the enactment of the Act. Subpart BÐGeneral Delegations of (6) [Reserved] by the Secretary, the application of new Authority by the Secretary of principles of major importance or a § 2.4 General officers. Agriculture departure from principles established by The work of the Department is under § 2.7 Authority to supervise and direct. the Secretary should be brought to the the supervision and control of the attention of the Secretary. General Unless specifically reserved, or officers are responsible for assuring that Secretary who is assisted by the otherwise delegated, the delegations of following general officers: the Deputy periodic reviews are conducted of the authority to each general officer of the activities of the agencies assigned to Secretary; the Under Secretary for Farm Department and each agency head and Foreign Agricultural Services; the their direction and supervision, as contained in this part includes the required by 5 U.S.C. 305. Under Secretary for Rural Economic and authority to direct and supervise the Community Development; the Under employees engaged in the conduct of § 2.12 Secretary and general officers not Secretary for Food Safety; the Under activities under such official’s precluded from exercising delegated Secretary for Food, Nutrition, and jurisdiction, and the authority to take powers. Consumer Services; the Under Secretary any action, execute any document, No delegation of authority by the for Natural Resources and Environment; authorize any expenditure, promulgate the Under Secretary for Research, Secretary or a general officer contained any rule, regulation, order, or in this part shall preclude the Secretary Education, and Economics; the instruction required by or authorized by Assistant Secretary for Marketing and or general officer from exercising any of law and deemed by the general officer the authority so delegated. Regulatory Programs; the Assistant or agency head to be necessary and Secretary for Congressional Relations; proper to the discharge of his or her § 2.13 Status of prior delegations. the Assistant Secretary for responsibilities. This authority will be Administration; the General Counsel; exercised subject to applicable Nothing in this part shall affect the the Inspector General; the Chief administrative directives. Unless bylaws of the Commodity Credit Financial Officer; the Judicial Officer; otherwise provided, a general officer or Corporation, the Federal Crop Insurance the Director, Office of Budget and agency head may, subject to his or her Corporation, or the Rural Telephone Program Analysis; the Chief Economist; continuing responsibility for the proper Bank. All delegations previously made the Director, National Appeals Division; discharge of delegations made to him, in which are inconsistent with delegations the Director of Communications; and this part, delegate and provide for the made in this part are superseded; the Director, Office of Small and redelegation of his or her authority to however, any regulation, order, Disadvantaged Business Utilization. appropriate officers and employees. authorization, expenditure, or other Subject to the general supervision of the instrument, heretofore issued or made § 2.5 Order in which officers of the pursuant to any delegation of authority Department shall act as Secretary. Secretary, agency heads who are delegated authority from a general shall continue in full force and effect (a) Pursuant to Executive Order officer, in this part, report to and are unless and until withdrawn or 11957, 3 CFR, 1977 Comp., p. 79, in the under the supervision of that general superseded pursuant to authority case of the absence, sickness, officer. granted in this part. resignation, or death of both the Secretary and the Deputy Secretary, the § 2.8 Delegations of authority to Agency Subpart CÐDelegations of Authority to officials designated in paragraphs (a)(1) Heads to order that the United States flag the Deputy Secretary, the Under through (a)(10) of this section shall act be flown at half-staff. Secretaries and Assistant Secretaries as Secretary in the order in which they Pursuant to section 5 of Proclamation § 2.15 Deputy Secretary. are listed. Each official shall act only in 3044, 3 CFR, 1954–1958 Comp., p. 4, the absence, sickness, resignation, or each general officer and agency head is The following delegation of authority death of the immediately preceding delegated authority to order that the is made by the Secretary of Agriculture official: United States flag shall be flown at half- to the Deputy Secretary: Perform all of (1) The Under Secretary for Farm and staff on buildings and grounds under his the duties and exercise all of the powers Foreign Agricultural Services. or her jurisdiction or control. This and functions which are now or which (2) The Under Secretary for Rural authority shall be exercised in may hereafter be, vested in the Secretary Economic and Community accordance with directives promulgated of Agriculture. This delegation is subject Development. by the Director, Office of Operations. to the limitation in § 2.10. Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56395

§ 2.16 Under Secretary for Farm and Credit Corporation (CCC) programs for (xii) Administer the Agricultural Foreign Agricultural Services. which the Under Secretary for Farm and Foreign Investment Disclosure Act of (a) The following delegations of Foreign Agricultural Services has been 1978 (7 U.S.C. 3501 et seq.), except authority are made by the Secretary of delegated authority under paragraph those functions delegated in Agriculture to the Under Secretary for (a)(3) of this section and, in conjunction § 2.21(a)(8)(xi). Farm and Foreign Agricultural Services: with other agencies of the U.S. (xiii) Administer energy management (1) Related to consolidated farm Government, develop and formulate activities as assigned. service. agreements to reschedule amounts due (xiv) Conduct producer referenda of (i) Formulate policies and administer from foreign countries. commodity promotion programs under programs authorized by the Agricultural (vii) Conduct assigned activities the Beef Research and Information Act, Adjustment Act of 1938, as amended (7 under the Strategic and Critical as amended (7 U.S.C. 2901 et seq.), and U.S.C. 1282 et seq.). Materials Stockpiling Act, as amended the Agricultural Promotion Programs (ii) Formulate policies and administer (50 U.S.C. 98 et seq.). Act of 1990, as amended (7 U.S.C. 6001 programs authorized by the Agricultural (viii) Supervise and direct Farm et seq.). Act of 1949, as amended (7 U.S.C. 1441 Service Agency State and county offices (xv) Conduct field operations of et seq.). and delegate functions to be performed diversion programs for fresh fruits and (iii) Coordinate and prevent by Farm Service Agency State and vegetables under section 32 of the Act duplication of aerial photographic work county committees. of August 29, 1935. (ix) Administer the dairy indemnity of the Department, including: (xvi) Administer the U.S. Warehouse program under the Act of August 13, (A) Clearing photography projects; Act, as amended (7 U.S.C. 241–273), 1968, as amended (7 U.S.C. 450j et seq.). (B) Assigning symbols for new aerial and perform compliance examinations photography, maintaining symbol (x) Administer procurement, processing, handling, distribution, for Farm Service Agency programs. records, and furnishing symbol books; (xvii) Administer the provisions of the (C) Recording departmental aerial disposition, transportation, payment, Soil Conservation and Domestic photography flow and coordinating the and related services with respect to Allotment Act relating to assignment of issuance of aerial photography status surplus removal and supply operations payments (16 U.S.C. 590h(g)). maps of latest coverage; which are carried out under section 210 (D) Promoting interchange of of the Agricultural Act of 1956 (7 U.S.C. (xviii) Formulate and carry out the technical information and techniques to 1859), the Act of August 19, 1958, as Conservation Reserve Program under develop lower costs and better quality; amended (7 U.S.C. 1431 note), and the Food Security Act of 1985, as (E) Representing the Department on section 709 of the Food and Agricultural amended (16 U.S.C. 1231 et seq.). committees, task forces, work groups, Act of 1965, as amended (7 U.S.C. (xix) Carry out functions relating to and other similar groups concerned 1446a–1), except as delegated in highly erodible land and wetland with aerial photography acquisition and paragraph (a)(3) of this section and to conservation under sections 1211–1213 reproduction, and serving as liaison the Under Secretary for Food, Nutrition, and 1221–1223 of the Food Security Act with other governmental agencies on and Consumer Services in § 2.19, and of 1985, as amended (16 U.S.C. 3811– aerial photography but excluding assist the Under Secretary for Food, 3813 and 3821–3823). mapping; Nutrition, and Consumer Services and (xx) Administer the Integrated Farm (F) Providing a Chairperson for the the Assistant Secretary for Marketing Management Program under the Food, Photography Sales Committee of the and Regulatory Programs in the Agriculture, Conservation, and Trade Department; procurement, handling, payment, and Act of 1990, as amended (7 U.S.C. (G) Coordinating development, related services under section 32 of the 5822). preparation, and issuance of Act of August 24, 1935, as amended (7 (xxi) Administer the provisions of specifications for aerial photography for U.S.C. 612c), the Act of June 28, 1937, section 326 of the Food and Agricultural the Department; as amended (7 U.S.C. 713c), the Act of 1962, as amended (7 U.S.C. (H) Coordinating and performing National School Lunch Act, as amended 1339c), as they relate to any Farm procurement, inspection, and (42 U.S.C. 1751, et seq.), section 8 of the Service Agency administered program. application of specifications for USDA Child Nutrition Act of 1966, as amended (xxii) Conduct an Options Pilot aerial photography; (42 U.S.C. 1777), section 311 of the Program pursuant to sections 1151–1156 (I) Providing for liaison with EROS Older Americans Act of 1965, as of the Food, Agriculture, Conservation, Data Center to support USDA programs amended (42 U.S.C. 3030a), section 4(a) and Trade Act of 1990, as amended (7 and research with satellite imagery of the Agriculture and Consumer U.S.C. 1421 note). reproductions; and Protection Act of 1973, as amended (7 (xxiii) Formulate and administer (J) Maintaining library and files of U.S.C. 612c note), and section 1114 of regulations regarding program USDA aerial film and retrieving and the Agriculture and Food Act of 1981 (7 ineligibility resulting from convictions supplying reproductions on request. U.S.C. 1431e). under Federal or State law of planting, (iv) Administer the Agricultural (xi) Administer Wool and Mohair cultivating, growing, producing, Conservation Program under title X of Programs under the National Wool Act harvesting, or storing a controlled the Agricultural Act of 1970, as of 1954, as amended (7 U.S.C. 1781, et substance, as required under section amended (16 U.S.C. 1501 et seq.), and seq.), and, in accordance with section 1764 of the Food Security Act of 1985 under the Soil Conservation and 708 of that Act (7 U.S.C. 1787), conduct (21 U.S.C. 881a). Domestic Allotment Act, as amended referenda, withhold funds (for (2) Related to farm credit. (i) (16 U.S.C. 590g et seq.). advertising and promotion) from Administer the Consolidated Farm and (v) Administer the Emergency payments made to producers under Rural Development Act (7 U.S.C. 1921 Conservation Program under the section 704 of that Act (7 U.S.C. 1783), et seq.), except for the authority Agricultural Credit Act of 1978, as and transfer such funds to the person or contained in the following sections: amended (16 U.S.C. 2201 et seq.). agency designated by the Assistant (A) The authority in section 304(b) (7 (vi) Conduct fiscal, accounting and Secretary for Marketing and Regulatory U.S.C. 1924(b)), relating to small claims functions relating to Commodity Programs. business enterprise loans; 56396 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations

(B) Section 306 (7 U.S.C. 1926), entryman under the desertland law (7 litigation, with the concurrence of the relating to all programs in that section; U.S.C. 1006a and 1006b). General Counsel, after determining that (C) Section 306A (7 U.S.C. 1926a) and (viii) Administer the Federal Claims the attorneys will provide competent section 306B (7 U.S.C. 1926b), relating Collection Act of 1966, as amended (31 and cost effective representation for the to the emergency community water U.S.C. 3711 et seq.), and joint Farm Service Agency. assistance grant programs; regulations issued pursuant thereto by (3) Related to foreign agriculture. (i) (D) Section 306C (7 U.S.C. 1926c) to the Attorney General and the Coordinate the carrying out by administer the water and waste facility Comptroller General (4 CFR chapter II), Department agencies of their functions loans and grants to alleviate health with respect to claims of the Farm involving foreign agricultural policies risks; Service Agency. and programs and their operations and (E) Sections 309 (7 U.S.C. 1929) and (ix) Service, collect, settle, and activities in foreign areas. Act as liaison 309A (7 U.S.C. 1929a), regarding assets liquidate: on these matters and functions relating and programs related to rural (A) Deferred land purchase to foreign agriculture between the development; obligations of individuals under the Department of Agriculture and the (F) Section 310A (7 U.S.C. 1931), Wheeler-Case Act of August 11, 1939, as Department of State, the United States relating to watershed and resource amended (16 U.S.C. 590y), and under Trade Representative, the Trade Policy conservation and development loans; the item, ‘‘Water Conservation and Committee, the Agency for International (G) Section 310B (7 U.S.C. 1932), Utilization projects’’ in the Department Development, and other departments, regarding rural industrialization of the Interior Appropriation Act, 1940 agencies, and committees of the U.S. assistance; (53 Stat. 719), as amended; Government, foreign governments, the (H) Section 312(b) (7 U.S.C. 1942(b)), (B) Puerto Rican Hurricane Relief Organization for Economic Cooperation relating to small business enterprises; loans under the Act of July 11, 1956 (70 and Development, the European Union, (I) Section 342 (7 U.S.C. 1013a); Stat. 525); and the Food and Agriculture Organization (J) Section 364 (7 U.S.C. 2006f), (C) Loans made in conformance with of the United Nations, the International section 365 (7 U.S.C. 2008), section 366 section 4 of the Southeast Hurricane Bank for Reconstruction and (7 U.S.C. 2008a), section 367 (7 U.S.C. Disaster Relief Act of 1965 (79 Stat. Development, the Inter-American 2008b), and section 368 (7 U.S.C. 1301). Development Bank, the Organization of 2008c), regarding assets and programs (x) Administer loans to Indian tribes American States, and other public and related to rural development; and and tribal corporations (25 U.S.C. 488– private U.S. and international (K) Administrative provisions of 492). organizations, and the contracting subtitle D of the Consolidated Farm and (xi) Administer the State Agricultural parties to the General Agreement on Rural Development Act related to Rural Loan Mediation Program under title 5 of Tariffs and Trade (GATT) and the World Utilities Service, Rural Business and the Agricultural Credit Act of 1987 (7 Trade Organization (WTO). Cooperative Development Service, and U.S.C. 5101 et seq.) (ii) Administer Departmental Rural Housing and Community (xii) Administer financial assistance programs concerned with development Development Service activities. programs relating to Economic of foreign markets for agricultural (ii) Collect, service, and liquidate Opportunity Loans to Cooperatives products of the United States except loans made or insured by the Farm under part A of title III and part D of functions relating to export marketing Service Agency, or its predecessor title I and the necessarily related operations under section 32 of the Act agencies. functions in title VI of the Economic of August 23, 1935, as amended (7 (iii) Administer the Rural Opportunity Act of 1964, as amended U.S.C. 612c), delegated to the Assistant Rehabilitation Corporation Trust (42 U.S.C. 2763–2768, 2841–2855, 2942, Secretary for Marketing and Regulatory Liquidation Act (40 U.S.C. 440 et seq.), 2943(b), 2961), delegated by the Director Programs, and utilization research and trust, liquidation, and other of the Office of Economic Opportunity delegated to the Under Secretary for agreements entered into pursuant to the Secretary of Agriculture by Research, Education, and Economics. thereto. documents dated October 23, 1964 (29 (iii) Conduct studies of worldwide (iv) Make grants and enter into FR 14764), and June 17, 1968 (33 FR production, trade, marketing, prices, contracts and other agreements to 9850), respectively. consumption, and other factors affecting provide outreach and technical (xiii) Exercise all authority and exports and imports of U.S. agricultural assistance to socially disadvantaged discretion vested in the Secretary by commodities; obtain information on farmers and ranchers under 7 U.S.C. section 331(c) of the Consolidated Farm methods used by other countries to 2279. and Rural Development Act, as move farm commodities in world trade (v) Administer Farmers Home amended by section 2 of the Farmers on a competitive basis for use in the Administration or any successor agency Home Administration Improvement Act development of programs of this assets conveyed in trust under the of 1994, Pub. L. 103–248 (7 U.S.C. Department; provide information to Participation Sales Act of 1966 (12 1981(c)), including the following: domestic producers, the agricultural U.S.C. 1717). (A) Determine, with the concurrence trade, the public and other interests; and (vi) Administer the Emergency Loan of the General Counsel, which actions promote normal commercial markets and Guarantee Programs under sections are to be referred to the Department of abroad. This delegation excludes basic 232, 234, 237, and 253 of the Disaster Justice for the conduct of litigation, and and long-range analyses of world Relief Act of 1970 (Pub. L. No. 91–606), refer such actions to the Department of conditions and developments affecting the Disaster Relief Act of 1969 (Pub. L. Justice through the General Counsel; supply, demand, and trade in farm No. 91–79), Pub. L. No. 92–385, (B) Determine, with the concurrence products and general economic analyses approved August 16, 1972, and the of the General Counsel, which actions of the international financial and Emergency Livestock Credit Act of 1974 are to be referred to the General monetary aspects of agricultural affairs (Pub. L. No. 93–357), as amended. Counsel, for the conduct of litigation as assigned to the Under Secretary for (vii) Administer loans to homestead and refer such actions; and Research, Education, and Economics. or desertland entrymen and purchasers (C) Enter into contracts with private (iv) Conduct functions of the of land in reclamation projects or to an sector attorneys for the conduct of Department relating to GATT, WTO, the Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56397

Trade Expansion Act of 1962 (19 U.S.C. activities to carry out the provisions of respect to export programs and barter 1801 et seq.), the Trade Act of 1974 (19 the Export Administration Act of 1969, operations. U.S.C. 2101 et seq.), the Trade as amended (50 U.S.C. App. 2401 et (xiv) Coordinate within the Agreements Act of 1979 (19 U.S.C. 2501 seq.), except as reserved to the Secretary Department activities arising under et seq.), the Omnibus Trade and under paragraph (b)(2) of this section. Public Law 480 (except as delegated to Competition Act of 1988 (19 U.S.C. 2901 (ix) Exercise the Department’s the Under Secretary for Research, et seq.), the provisions of subtitle B of responsibilities in connection with Education, and Economics in title III of the North American Free international negotiations of the § 2.21(a)(8)), and represent the Trade Agreement Implementation Act, International Wheat Agreement and in Department in its relationships in such and other legislation affecting the administration of such Agreement. matters with the Department of State, international agricultural trade (x) Plan and carry out programs and any interagency committee on Public including the programs designed to activities under the foreign market Law 480, and other departments, reduce foreign tariffs and other trade promotion authority of the Wheat agencies and committees of the barriers. Research and Promotion Act (7 U.S.C. Government. (v) Maintain a worldwide agricultural 1292 note); the National Wool Act of (xv) Formulate policies and intelligence and reporting system, 1954, as amended (7 U.S.C. 1781–1787); implement programs to promote the including provision for foreign the Cotton Research and Promotion Act export of dairy products, as authorized agricultural representation abroad to (7 U.S.C. 2101–2118); section 610 of the under section 153 of the Food Security protect and promote U.S. agricultural Agricultural Act of 1970 (7 U.S.C. 2119); Act of 1985, as amended (15 U.S.C. interests, and to acquire information on the Potato Research and Promotion Act 713a–14), and of sunflowerseed oil and demand, competition, marketing, and (7 U.S.C. 2611–2627); the Egg Research cottonseed oil, as authorized under distribution of U.S. agricultural and Consumer Information Act of 1974 section 301(b)(2)(A) of the Disaster commodities abroad pursuant to title VI (7 U.S.C. 2701–2718); the Beef Research Assistance Act of 1988, as amended (7 of the Agricultural Act of 1954, as and Information Act, as amended (7 U.S.C. 1464 note). amended (7 U.S.C. 1761–1768). U.S.C. 2901–2918); the Wheat and (xvi) Formulate policies and (vi) Conduct Department activities to Wheat Foods Research and Nutrition implement a program for the export carry out the provisions of the Education Act (7 U.S.C. 3401–3417); sales of dairy products, as authorized by International Coffee Agreement Act of subtitle B of title I of the Dairy and section 1163 of the Food Security Act of 1968 (19 U.S.C. 1356f). Tobacco Adjustment Act of 1983 (7 1985 (7 U.S.C. 1731 note). (vii) Administer functions of the U.S.C. 4501–4513); the Pork Promotion, (xvii) Carry out activities relating to Department relating to import controls, Research, and Consumer Information the sale, reduction, or cancellation of except those functions reserved to the Act of 1985 (7 U.S.C. 4801–4819); the debt, as authorized by title VI of the Secretary in paragraph (b) of this section Pecan Promotion and Research Act of Agricultural Trade and Development and those relating to section 8e of the 1990 (7 U.S.C. 6001–6013); the Act of 1954, as amended (7 U.S.C. 1738 Agricultural Act of 1938 (7 U.S.C. 608e– Mushroom Promotion, Research, and et seq.). (xviii) Carry out debt-for-health-and- 1), as assigned to the Assistant Secretary Consumer Information Act of 1990 (7 protection swaps, as authorized by for Marketing and Regulatory Programs. U.S.C. 6101–6112); the Lime Research, section 1517 of the Food, Agriculture, These include: Promotion and Consumer Information Conservation, and Trade Act of 1990 (7 (A) Functions under section 22 of the Act of 1990 (7 U.S.C. 6201–6212); and U.S.C. 1706). Agricultural Adjustment Act of 1933, as the Soybean Promotion, Research, and (xix) Determine the agricultural amended (7 U.S.C. 624); Consumer Information Act of 1990 (7 commodities acquired under price (B) General note 15(c) to the U.S.C. 6301–6311). This authority support programs which are available Harmonized Tariff Schedule of the includes determining the programs and for export and allocate such United States (19 U.S.C. 1202); activities to be undertaken and assuring (C) Requests for emergency relief from commodities among the various export that they are coordinated with the duty-free imports of perishable products programs. overall departmental programs to filed with the Department of Agriculture (xx) Conduct economic analyses develop foreign markets for U.S. under section 213(f) of the Caribbean pertaining to the foreign sugar situation. agricultural products. Basin Recovery Act of 1983 (19 U.S.C. (xxi) Exercise the Department’s (xi) Formulate policies and administer 2703(f)); functions with respect to the (D) Section 404 of the Trade and barter programs under which International Sugar Agreement or any Tariff Act of 1984 (19 U.S.C. 2112 note); agricultural commodities are exported. such future agreements. (E) Section 204(e) of the Andean (xii) Perform functions of the (xxii) Exercise the Department’s Trade Preference Act (19 U.S.C. Department in connection with the responsibilities with respect to tariff- 3203(e)); development and implementation of rate quotes for dairy products under (F) Functions under sections 309 and agreements to finance the sale and chapter 4 of the Harmonized Tariff 316 of the North American Free Trade exportation of agricultural commodities Schedule of the United States (19 U.S.C. Agreement Implementation Act (19 under Public Law 480, 83rd Congress, 1202). U.S.C. 3358 and 3381); hereafter referred to as ‘‘Public Law (xxiii) Serve as a focal point for (G) Section 301(a) of the United 480’’ (7 U.S.C. 1691, 1701 et seq.). handling quality or weight discrepancy States-Canada Free Trade Agreement (xiii) Administer commodity inquiries from foreign buyers of U.S. Implementation Act (19 U.S.C. 2112 procurement and supply, transportation agricultural commodities to insure that note); and (other than from point of export, except they are investigated and receive a (H) Section 204 of the Agricultural for movement to trust territories or timely response and that reports thereof Act of 1956, as amended (7 U.S.C. possessions), handling, payment, and are made to appropriate parties and 1854). related services in connection with government officials in order that (viii) Represent the Department on the programs under titles II and III of Public corrective action may be taken. Interdepartmental Committee for Export Law 480 (7 U.S.C. 1691, 1701 et seq.), (xxiv) Establish and administer Control and to conduct departmental and payment and related services with regulations relating to foreign travel by 56398 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations employees of the Department. international agricultural research et seq.), and title VI of the Robert T. Regulations will include, but not be centers, and other institutions (7 U.S.C. Stafford Disaster Relief and Emergency limited to, obtaining and controlling 1624, 3291). Assistance Act (42 U.S.C. 5195 et seq.), passports, obtaining visas, coordinating (xxxv) Direct and coordinate the concerning agricultural production; Department of State medical clearances Department’s participation in scientific food processing, storage, and and imposing requirements for and technical matters and exchange distribution; distribution of farm itineraries and contacting the Foreign agreements between the United States equipment and fertilizer; rehabilitation Agricultural Affairs Officers upon and other countries. and use of food, agricultural and related arrival in the Officers’ country(ies) of (xxxvi) Direct and coordinate the agribusiness facilities; CCC resources; responsibility. Department’s work in international farm credit and financial assistance; and (xxv) Formulate policies and organizations and interagency foreign agricultural intelligence and administer programs and activities committees concerned with food and other foreign agricultural matters. authorized by the Agricultural Trade agricultural development programs (7 (7) Related to environmental Act of 1978, as amended (7 U.S.C. 5601 U.S.C. 2201–2202). response. With respect to land and et seq.). (xxxvii) Coordinate policy facilities under his or her authority, (xxvi) Administer the Foreign Service formulation for USDA international exercise the functions delegated to the personnel system for the Department in science and technology programs Secretary by Executive Order 12580, 3 accordance with 22 U.S.C. 3922, except concerning international agricultural CFR, 1987 Comp., p. 193, under the as otherwise delegated to the Assistant research centers, international following provisions of the Secretary for Marketing and Regulatory organizations, and international Comprehensive Environmental Programs in § 2.22(a)(2)(i), but including agricultural research and extension Response, Compensation, and Liability authority to approve joint regulations activities (7 U.S.C. 3291). Act of 1980 (‘‘the Act’’), as amended: issued by the Department of State and (xxxviii) Disseminate, upon request, (i) Sections 104 (a), (b), and (c)(4) of authority to represent the Department of information on subjects connected with the Act (42 U.S.C. 9604 (a), (b), and Agriculture in all interagency agriculture which has been acquired by (c)(4)), with respect to removal and consultations and negotiations with the USDA agencies that may be useful to the remedial actions in the event of release other foreign affairs agencies with U.S. private sector in expanding foreign or threatened release of a hazardous respect to joint regulations. markets and investment opportunities substance, pollutant, or contaminant (xxvii) Establish and maintain U.S. through the operation of a Department into the environment; Agricultural Trade Offices, to develop, information center, pursuant to 7 U.S.C. (ii) Sections 104(e)–(h) of the Act (42 maintain and expand international 2201. U.S.C. 9604(e)–(h)), with respect to markets for U.S. agricultural (xxxix) Enter into contracts, grants, information gathering and access commodities in accordance with title IV cooperative agreements, and cost requests and orders; compliance with of Pub. L. No. 95–501 (7 U.S.C. 1765a- reimbursable agreements relating to Federal health and safety standards and g). agricultural research, extension, or wage and labor standards applicable to (xxviii) Administer the programs teaching activities (7 U.S.C. 3318, covered work; and emergency under section 416(b) of the Agricultural 3319a). procurement powers; Act of 1949, as amended (7 U.S.C. (xl) Determine amounts reimbursable (iii) Section 104(i)(11) of the Act (42 1431(b)), relating to the foreign donation for indirect costs under international U.S.C. 9604(i)(11)), with respect to the of CCC stocks of agricultural agricultural programs and agreements (7 reduction of exposure to significant risk commodities. U.S.C. 3319). to human health; (xxix) Administer section 214 of the (xli) Administer the Cochran (iv) Section 104(j) of the Act (42 Tobacco Adjustment Act of 1983 (7 Fellowship Program (7 U.S.C. 3293). U.S.C. 9604(j)), with respect to the U.S.C. 509). (xlii) Determine quantity trigger levels acquisition of real property and interests (xxx) Administer section 1558 of the and impose additional duties under the in real property required to conduct a Food, Agriculture, Conservation, and special safeguard measures in remedial action; Trade Act of 1990 (7 U.S.C. 958). accordance with U.S. note 2 to (v) The first two sentences of section (xxxi) Administer programs under the subchapter IV of chapter 99 of the 105(d) of the Act (42 U.S.C. 9605(d)), Food for Progress Act of 1985 (7 U.S.C. Harmonized Tariff Schedule of the with respect to petition for preliminary 1736o). United States (19 U.S.C. 1202). assessment of a release or threatened (xxxii) Serve as Department adviser (4) Related to federal crop insurance. release; on policies, organizational (i) Exercise general supervision of the (vi) Section 105(f) of the Act (42 arrangements, budgets, and actions to Federal Crop Insurance Corporation. U.S.C. 9605(f)), with respect to accomplish international scientific and (ii) Appoint such officers and consideration of the availability of technical cooperation in food and employees as may be necessary for the qualified minority firms in awarding agriculture. transaction of the business of the contracts, but excluding that portion of (xxxiii) Administer and direct the Corporation, except, as provided in section 105(f) pertaining to the annual Department’s programs in international paragraph (b)(3) of this section. report to Congress; development, technical assistance, and (5) Related to committee (vii) Section 109 of the Act (42 U.S.C. training carried out under the Foreign management. Establish and reestablish 9609), with respect to the assessment of Assistance Act, as amended, as regional, state, and local advisory civil penalties for violations of section requested under such act (22 U.S.C. committees for activities under his or 122 of the Act (42 U.S.C. 9622), and the 2151 et seq.). her authority. This authority may not be granting of awards to individuals (xxxiv) Administer and coordinate redelegated. providing information; assigned Departmental programs in (6) Related to defense and emergency (viii) Section 111(f) of the Act (42 international research and scientific and preparedness. Administer U.S.C. 9611(f)), with respect to the technical cooperation with other responsibilities and functions assigned designation of officials who may governmental agencies, land grant under the Defense Production Act of obligate money in the Hazardous universities, international organizations, 1950, as amended (50 U.S.C. App. 2061 Substances Superfund; Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56399

(ix) Section 113(k) of the Act (42 (vii) Federal Insecticide, Fungicide, services of executive branch U.S.C. 9613(k)), with respect to and Rodenticide Act, as amended (7 departments and agencies and the establishing an administrative record U.S.C. 136 et seq.); and agencies, bureaus, offices, and services upon which to base the selection of a (viii) Comprehensive Environmental of the Department of Agriculture in response action and identifying and Response, Compensation, and Liability coordination with rural development notifying potentially responsible parties; Act of 1980, as amended by the programs of State and local governments (x) Section 116(a) of the Act (42 Superfund Amendments and (7 U.S.C. 2204). U.S.C. 9616(a)), with respect to Reauthorization Act of 1986 (42 U.S.C. (2) Coordinate activities relative to preliminary assessment and site 9601 et seq.). rural development among agencies inspection of facilities; (b) The following authorities are reporting to the Under Secretary for (xi) Sections 117(a) and (c) of the Act reserved to the Secretary of Agriculture: Rural Economic and Community (42 U.S.C. 9617(a) and (c)), with respect (1) Related to farm service. (i) Development and, through appropriate to public participation in the Appointment of Farm Service Agency channels, serve as the coordinating preparation of any plan for remedial State committeemen. official for other departmental agencies action and explanation of variances (ii) Final approval of regulations having primary responsibilities for from the final remedial action plan for relating to the selection and exercise of specific titles of the Rural Development any remedial action or enforcement the functions of committees Act of 1972, and allied legislation. action, including any settlement or promulgated under section 8(b) of the (3) Administer a national program of consent decree entered into; Soil Conservation and Domestic economic, social, and environmental Allotment Act, as amended (16 U.S.C. (xii) Section 119 of the Act (42 U.S.C. research and analysis, statistical 590h(b)). 9119), with respect to indemnifying programs, and associated service work (2) Related to foreign agriculture. (i) response action contractors; related to rural people and the Approving export controls with respect communities in which they live (xiii) Section 121 of the Act (42 U.S.C. to any agricultural commodity, including rural industrialization; rural 9621), with respect to cleanup including fats and oils or animal hides population and manpower; local standards; and or skins as provided for in the Export government finance; income (xiv) Section 122 of the Act (42 U.S.C. Administration Act of 1969, as amended development strategies; housing; social 9622), with respect to settlements, but (50 U.S.C. App. 2401 et seq.). services and utilization; adjustments to excluding section 122(b)(1) of the Act (ii) Advising the President that changing economic and technical forces; (42 U.S.C. 9622(b)(1)), related to mixed imports are having the effect on and other related matters. funding agreements. programs or operations of this (4) Work with Federal agencies in (8) Related to compliance with Department required as a prerequisite encouraging the creation of rural environmental laws. With respect to for the imposition of import controls community development organizations. facilities and activities under his or her under section 22 of the Agricultural (5) Assist other Federal agencies in authority, to exercise the authority of Adjustment Act of 1933, as amended (7 making rural community development the Secretary of Agriculture pursuant to U.S.C. 624a), recommending that the organizations aware of the Federal section 1–102 related to compliance President cause an investigation to be programs available to them. with applicable pollution control made by the Tariff Commission of the (6) Advise rural community standards and section 1–601 of facts so that a determination can be development organizations of the Executive Order 12088, 3 CFR, 1978 made whether import restrictions availability of Federal assistance Comp., p. 243, to enter into an inter- should be imposed under that Act, and programs. agency agreement with the United determining under section 204(e) of the (7) Advise other Federal agencies of States Environmental Protection Andean Trade Preference Act (19 U.S.C. the need for particular Federal Agency, or an administrative consent 3203(e)) that there exists a serious programs. order or a consent judgment in an injury, or threat thereof and (8) Assist rural community appropriate State, interstate, or local recommending to the President whether development organizations in making agency, containing a plan and schedule or not to take action. contact with Federal agencies whose to achieve and maintain compliance (iii) Determining the agricultural assistance may be of benefit to them. with applicable pollution control commodities and the quantities thereof (9) Assist other Federal agencies and standards established pursuant to the available for disposition under Public national organizations in developing following: Law 480 (7 U.S.C. 1731). means for extending their services (i) Solid Waste Disposal Act, as (3) Related to federal crop insurance. effectively to rural areas. amended by the Resource Conservation (i) Appointment of the Board of (10) Assist other Federal agencies in and Recovery Act, as further amended Directors, Federal Crop Insurance designating pilot projects in rural areas. by the Hazardous and Solid Waste Corporation. (11) Conduct studies to determine Amendments, and the Federal Facility (ii) Appointment of the Manager, how programs of the Department can be Compliance Act (42 U.S.C. 6901 et seq.); Federal Crop Insurance Corporation. brought to bear on the economic development problems of the country (ii) Federal Water Pollution § 2.17 Under Secretary for Rural Economic and assure that local groups are Prevention and Control Act, as amended and Community Development. receiving adequate technical assistance (33 U.S.C. 1251 et seq.); (a) The following delegations of from Federal agencies or from local and (iii) Safe Drinking Water Act, as authority are made by the Secretary of State governments in formulating amended (42 U.S.C. 300f et seq.); Agriculture to the Under Secretary for development programs and in carrying (iv) Clean Air Act, as amended (42 Rural Economic and Community out planned development activities. U.S.C. 7401 et seq.); Development: (12) Assist other Federal agencies in (v) Noise Control Act of 1972, as (1) Provide leadership and formulating manpower development amended (42 U.S.C. 4901 et seq.); coordination within the executive and training policies. (vi) Toxic Substances Control Act, as branch of a Nationwide Rural (13) Related to committee amended (15 U.S.C. 2601 et seq.); Development Program utilizing the management. Establish and reestablish 56400 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations regional, state, and local advisory wage and labor standards applicable to related to compliance with applicable committees for activities under his or covered work; and emergency pollution control standards and section her authority. This authority may not be procurement powers; 1–601 of Executive Order 12088, 3 CFR, re-delegated. (iii) Section 104(i)(11) of the Act (42 1978 Comp., p. 243, to enter into an (14) Related to defense and U.S.C. 9604(i)(11)), with respect to the inter-agency agreement with the United emergency preparedness. Administer reduction of exposure to significant risk States Environmental Protection responsibilities and functions assigned to human health; Agency, or an administrative consent under the Defense Production Act of (iv) Section 104(j) of the Act (42 order or a consent judgment in an 1950, as amended (50 U.S.C. App. 2061 U.S.C. 9604(j)), with respect to the appropriate State, interstate, or local et seq.), and title VI of the Robert T. acquisition of real property and interests agency, containing a plan and schedule Stafford Disaster Relief and Emergency in real property required to conduct a to achieve and maintain compliance Assistance Act (42 U.S.C. 5195 et seq.), remedial action; with applicable pollution control concerning rural development credit (v) The first two sentences of section standards established pursuant to the and financial assistance. 105(d) of the Act (42 U.S.C. 9605(d)), following: (15) Related to energy. (i) Provide with respect to petitions for preliminary (i) Solid Waste Disposal Act, as Department-wide operational support assessment of a release or threatened amended by the Resource Conservation and coordination for loan and grant release; and Recovery Act, as further amended programs to foster and encourage the (vi) Section 105(f) of the Act (42 by the Hazardous and Solid Waste production of fuels from agricultural U.S.C. 9605(f)), with respect to Amendments, and the Federal Facility and forestry products or by-products. consideration of the availability of Compliance Act (42 U.S.C. 6901 et seq.); (ii) Participate as a Department qualified minority firms in awarding (ii) Federal Water Pollution representative at conferences, meetings contracts, but excluding that portion of Prevention and Control Act, as amended and other contacts including liaison section 105(f) pertaining to the annual (33 U.S.C. 1251 et seq.); with the Department of Energy and report to Congress; (iii) Safe Drinking Water Act, as other government agencies and (vii) Section 109 of the Act (42 U.S.C. amended (42 U.S.C. 300f et seq.); departments with respect to 9609), with respect to the assessment of (iv) Clean Air Act, as amended (42 implementation of established civil penalties for violations of section U.S.C. 7401 et seq.); Department energy policy. 122 of the Act (42 U.S.C. 9622), and the (v) Noise Control Act of 1972, as (iii) Serve as Co-Chairperson of the granting of awards to individuals amended (42 U.S.C. 4901 et seq.); Energy Coordinating Committee of the providing information; (vi) Toxic Substances Control Act, as Department. (viii) Section 111(f) of the Act (42 amended (15 U.S.C. 2601 et seq.); (16) Collect, service, and liquidate U.S.C. 9611(f)), with respect to the (vii) Federal Insecticide, Fungicide, loans made, insured, or guaranteed by designation of officials who may and Rodenticide Act, as amended (7 the Rural Utilities Service, the Rural obligate money in the Hazardous U.S.C. 136 et seq.); and (viii) Comprehensive Environmental Housing and Community Development Substances Superfund; Response, Compensation, and Liability Service, the Rural Business and (ix) Section 113(k) of the Act (42 Act of 1980, as amended by the Cooperative Development Service, or U.S.C. 9613(k)), with respect to Superfund Amendments and their predecessor agencies. establishing an administrative record Reauthorization Act of 1986 (42 U.S.C. (17) Administer the Federal Claims upon which to base the selection of a Collection Act of 1966 (31 U.S.C. 3711 9601 et seq.). response action and identifying and (20) Related to rural utilities service. et seq.), and joint regulations issued notifying potentially responsible parties; (i) Administer the Rural Electrification pursuant thereto by the Attorney (x) Section 116(a) of the Act (42 Act of 1936, as amended (7 U.S.C. 901 General and the Comptroller General (4 U.S.C. 9616(a)), with respect to et seq.) except for rural economic CFR chapter II), with respect to claims preliminary assessment and site development loan and grant programs; of the Rural Housing and Community inspection of facilities; (7 U.S.C. 940c and 950aa et seq.): Development Service, the Rural (xi) Sections 117(a) and (c) of the Act Provided, however, that the Under Business and Cooperative Development (42 U.S.C. 9617(a) and (c)), with respect Secretary may utilize consultants and Service and the Rural Utilities Service. to public participation in the attorneys for the provision of legal (18) With respect to land and facilities preparation of any plan for remedial services pursuant to 7 U.S.C. 918, with under his or her authority, exercise the action and explanation of variances the concurrence of the General Counsel. functions delegated to the Secretary by from the final remedial action plan for (ii) Administer the Rural Executive Order 12580, 3 CFR, 1987 any remedial action or enforcement Electrification Act of 1938 (7 U.S.C. 903 Comp., p. 193, under the following action, including any settlement or note). provisions of the Comprehensive consent decree entered into; (iii) Designate the chief executive Environmental Response, (xii) Section 119 of the Act (42 U.S.C. officer of the Rural Telephone Bank. Compensation, and Liability Act of 1980 9119), with respect to indemnifying (iv) Administer the following sections (‘‘the Act’’), as amended: response action contractors; of the Consolidated Farm and Rural (i) Sections 104(a), (b), and (c)(4) of (xiii) Section 121 of the Act (42 U.S.C. Development Act (7 U.S.C. 1921, et the Act (42 U.S.C. 9604(a), (b), and 9621), with respect to cleanup seq.): (c)(4)), with respect to removal and standards; and (A) Section 306 (7 U.S.C. 1926), remedial actions in the event of release (xiv) Section 122 of the Act (42 U.S.C. related to water and waste facilities; or threatened release of a hazardous 9622), with respect to settlements, but (B) Section 306A (7 U.S.C. 1926a); substance, pollutant, or contaminant excluding section 122(b)(1) of the Act (C) Section 306B (7 U.S.C. 1926b); into the environment; (42 U.S.C. 9622(b)(1)), related to mixed (D) Section 306C (7 U.S.C. 1926c); (ii) Sections 104(e)–(h) of the Act (42 funding agreements. (E) Sections 309 (7 U.S.C. 1929) and U.S.C. 9604(e)–(h)), with respect to (19) With respect to facilities and 309A (7 U.S.C. 1929a), relating to assets information gathering and access activities under his or her authority, to and programs related to watershed requests and orders; compliance with exercise the authority of the Secretary of facilities, resource and conservation Federal health and safety standards and Agriculture pursuant to section 1–102 facilities, and water and waste facilities; Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56401

(F) Section 310A (7 U.S.C. 1931), (iv) Administer section 1323 of the of Public Law 103–66, Omnibus Budget relating to watershed and resource Food Security Act of 1985 (7 U.S.C. Reconciliation Act of 1993 (26 U.S.C. conservation and development; 1932 note). 1391 et seq.) (G) Section 310B(b) (7 U.S.C. 1932(b)); (v) Administer loan programs in the (xvi) Work with Federal agencies in (H) Section 310B(i) (7 U.S.C. 1932(i)), Appalachian region under sections 203 encouraging the creation of local rural relating to loans for business and 204 of the Appalachian Regional community development organizations. telecommunications partnerships; and Development Act of 1965 (40 U.S.C. Within a State, assist other Federal (I) Administrative Provisions of App. 204). agencies in developing means for subtitle D of the Consolidated Farm and (vi) Administer section 601 of the extending their services effectively to Rural Development Act relating to rural Powerplant and Industrial Fuel Use Act rural areas and in designating pilot utility activities. of 1978 (Pub. L. 95–620). projects in rural areas (7 U.S.C. 2204). (v) Administer section 8, and those (vii) Administer the Drought and (xvii) Conduct assessments to functions with respect to repayment of Disaster Guaranteed Loan Program determine how programs of the obligations under section 4 of the under section 331 of the Disaster Department can be brought to bear on Watershed Protection and Flood Assistance Act of 1988 (7 U.S.C. 1929a the economic development problems of Prevention Act (16 U.S.C. 1006a, 1004) note). a State or local area and assure that local and administer the Resource (viii) Administer the Disaster groups are receiving adequate and Conservation and Development Program Assistance for Rural Business effective technical assistance from to assist in carrying out resource Enterprises Guaranteed Loan Program Federal agencies or from local and State conservation and development projects under section 401 of the Disaster governments in formulating in rural areas under section 32(e) of the Assistance Act of 1989 (7 U.S.C. 1929a development programs and in carrying Bankhead-Jones Farm Tenant Act (7 note). out planned development activities (7 U.S.C. 1011(e)). (ix) Administer the Rural Economic U.S.C. 2204b). (vi) Administer the Water and Waste Development Demonstration Grant (xviii) Develop a process through Loan Program (7 U.S.C. 1926–1). Program (7 U.S.C. 2662a). which State, sub-state and local rural (vii) Administer the Rural Wastewater (x) Administer the Economically development needs, goals, objectives, Treatment Circuit Rider Program (7 Disadvantaged Rural Community Loan plans, and recommendations can be U.S.C. 1926 note). Program (7 U.S.C. 6616). received and assessed on a continuing (xi) Exercise administrative oversight (viii) Administer the Distance basis (7 U.S.C. 2204b). Learning and Medical Link Programs (7 over the Alternative Agricultural (xix) Prepare local or area-wide rural U.S.C. 950aaa et seq.). Research and Commercialization Center development strategies based on the (ix) Administer Water and Waste established pursuant to the Alternative needs, goals, objectives, plans and Facility Programs and activities (7 Agricultural Research and recommendations of local communities, U.S.C. 1926–1). Commercialization Act of 1990, (7 sub-state areas and States (7 U.S.C. (21) Related to rural business and U.S.C. 5901 et seq.). cooperative development. (i) Administer (xii) Administer programs authorized 2204b). the Rural Economic Development Loan by the Cooperative Marketing Act of (xx) Develop a system of outreach in and Grant Programs under the Rural 1926 (7 U.S.C. 451–457). the State or local area to promote rural Electrification Act (7 U.S.C. 940c and (xiii) Carry out the responsibilities of development and provide for the 950aa et seq.). the Secretary of Agriculture relating to publication and dissemination of (ii) Administer the following sections the marketing aspects of cooperatives, information, through multi-media of the Consolidated Farm and Rural including economic research and methods, relating to rural development. Development Act (7 U.S.C. 1921 et seq.): analysis, the application of economic Advise local rural development (A) Section 306(a)(11)(A) (7 U.S.C. research findings, technical assistance organizations of availability of Federal 1926 (a)(11)(A)), relating to grants for to existing and developing cooperatives, programs and the type of assistance business technical assistance and education on cooperatives, and available, and assist in making contact planning; statistical information pertaining to with Federal program (7 U.S.C. 2204; 7 (B) Section 304(b) (7 U.S.C. 1924(b)), cooperatives as authorized by the U.S.C. 2204b). relating to small business enterprises; Agricultural Marketing Act of 1946 (7 (22) Related to rural housing and (C) Sections 309 (7 U.S.C. 1929) and U.S.C. 1621–1627). community development. (i) Administer 309A (7 U.S.C. 1929a), relating to assets (xiv) Work with institutions and the following under the Consolidated and programs related to rural international organizations throughout Farm and Rural Development Act (7 development; the world on subjects related to the U.S.C. 1921 et seq.): (D) Section 310B (7 U.S.C. 1932), development and operation of (A) Section 306 (7 U.S.C. 1926), relating to rural industrialization agricultural cooperatives. Such work except with respect to financing for assistance, rural business enterprise may be carried out by: water and waste disposal facilities; or grants and rural technology and (A) Exchanging materials and results loans for rural electrification or cooperative development grants; with such institutions or organizations; telephone systems or facilities other (E) Section 312(b) (7 U.S.C. 1942(b)), (B) Engaging in joint or coordinated than hydroelectric generating and relating to small business enterprises; activities; or related distribution systems and and (C) Stationing representatives at such supplemental and supporting structures (F) Administrative Provisions of institutions or organizations in foreign if they are eligible for Rural Utilities subtitle D of the Consolidated Farm and countries (7 U.S.C. 3291). Service financing; and financing for Rural Development Act relating to rural (xv) Administer in rural areas the grazing facilities and irrigation and business and cooperative development process of designation, provision of drainage facilities; and subsection activities. monitoring and oversight, and provision 306(a)(11); (iii) Administer Alcohol Fuels Credit of technical assistance for (B) Section 309A (7 U.S.C. 1929a), Guarantee Program Account (Pub. L. Empowerment Zones and Enterprise regarding assets and programs relating 102–341, 106 Stat. 895). Communities pursuant to section 13301 to community facilities; and 56402 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations

(C) Administrative Provisions of in the Agricultural Marketing Act of et seq.), and title VI of the Robert T. subtitle D of the Consolidated Farm and 1946, as amended (7 U.S.C. 1621–1627), Stafford Disaster Relief and Emergency Rural Development Act relating to rural relating to voluntary inspection of Assistance Act (42 U.S.C. 5195 et seq.), housing and community development poultry and edible products thereof; concerning the wholesomeness of meat activities. voluntary inspection and certification of and poultry and products thereof and (ii) Administer title V of the Housing technical animal fat; certified products inspection of eggs and egg products. Act of 1949 (42 U.S.C. 1471 et seq.), for dogs, cats, and other carnivora; (4) Related to biotechnology. except those functions pertaining to voluntary inspection of rabbits and Coordinate the development and research. edible products thereof; and voluntary carrying out by Department agencies of (iii) Make grants, administer a grant inspection and certification of edible all matters and functions pertaining to program, and determine the types of meat and other products. the Department’s regulation of assistance to be provided to aid low- (ii) Exercise the functions of the biotechnology as they may affect the income migrant and seasonal Secretary of Agriculture contained in safety of meat, poultry or egg products. farmworkers (42 U.S.C. 5177a). the following legislation: (5) Related to environmental (iv) Administer the Rural Housing (A) Poultry Products Inspection Act, response. With respect to land and Disaster Program under sections 232, as amended (21 U.S.C. 451–470); facilities under his or her authority, 234, and 253 of the Disaster Relief Act (B) Federal Meat Inspection Act, as exercise the functions delegated to the of 1970 (Pub. L. No. 91–606). amended, and related legislation, Secretary by Executive Order 12580, 3 (v) Exercise all authority and excluding sections 12–14, and also CFR, 1987 Comp., p. 193, under the discretion vested in the Secretary by excluding so much of section 18 as following provisions of the section 510(d) of the Housing Act of pertains to issuance of certificates of Comprehensive Environmental 1949, as amended by section 1045 of the condition of live animals intended and Response, Compensation, and Liability Stewart B. McKinney Homeless offered for export (21 U.S.C. 601–611, Act of 1980 (‘‘the Act’’), as amended: Assistance Amendments Act of 1988, 615–624, 641–645, 661, 671–680, 691– (i) Sections 104 (a), (b), and (c)(4) of Pub. L. 100–628 (42 U.S.C. 1480(d)), 692, 694–695); the Act (42 U.S.C. 9604 (a), (b), and including the following: (C) Egg Products Inspection Act, (c)(4)), with respect to removal and (A) Determine, with the concurrence except for the Shell Egg Surveillance remedial actions in the event of release of the General Counsel, which actions Program, voluntary laboratory analyses or threatened release of a hazardous are to be referred to the Department of of egg products, and the Voluntary Egg substance, pollutant, or contaminant Justice for the conduct of litigation, and Grading Program (21 U.S.C. 1031–1056); into the environment; refer such actions to the Department of (D) Talmadge-Aiken Act (7 U.S.C. (ii) Sections 104(e)–(h) of the Act (42 Justice through the General Counsel; 450) with respect to cooperation with U.S.C. 9604(e)–(h)), with respect to (B) Determine, with the concurrence States in administration of the Federal information gathering and access of the General Counsel, which actions Meat Inspection Act and the Poultry requests and orders; compliance with are to be referred to the General Counsel Products Inspection Act; Federal health and safety standards and (E) Humane Slaughter Act (7 U.S.C. for the conduct of litigation and refer wage and labor standards applicable to such actions; and 1901–1906); (F) National Laboratory Accreditation covered work; and emergency (C) Enter into contracts with private procurement powers; sector attorneys for the conduct of Program (7 U.S.C. 138–138i) with respect to laboratories accredited only (iii) Section 104(i)(11) of the Act (42 litigation, with the concurrence of the U.S.C. 9604(i)(11)), with respect to the General Counsel, after determining that for pesticide residue analysis in meat and poultry products; and reduction of exposure to significant risk the attorneys will provide competent to human health; and cost effective representation for the (G) Administer and conduct a Food (iv) Section 104(j) of the Act (42 Rural Housing and Community Safety Research Program (7 U.S.C. 427). U.S.C. 9604(j)), with respect to the Development Service and representation (iii) Coordinate with the Assistant acquisition of real property and interests by the attorney will either accelerate the Secretary for Marketing and Regulatory in real property required to conduct a process by which a family or person Programs the administration of remedial action; eligible for assistance under section 502 programs relating to human pathogen (v) The first two sentences of section of the Housing Act of 1949 will be able reduction (such as salmonella 105(d) of the Act (42 U.S.C. 9605(d)), to purchase and occupy the housing enteritidis) pursuant to section 2 of the with respect to petitions for preliminary involved, or preserve the quality of the Act of February 2, 1903, as amended (21 assessment of a release or threatened housing involved. U.S.C. 111), and sections 4 and 5 of the release; (b) The following authority is reserved Act of May 29, 1884, as amended (21 to the Secretary of Agriculture: U.S.C. 120). (vi) Section 105(f) of the Act (42 (1) Related to rural business and (iv) Enter into contracts, grants, or U.S.C. 9605(f)), with respect to cooperative development. Submission to cooperative agreements to further consideration of the availability of the Congress of the report required research programs in the agricultural qualified minority firms in awarding pursuant to section 1469 of Pub. L. No. sciences (7 U.S.C. 3318). contracts, but excluding that portion of 101–624. (2) Related to committee section 105(f) pertaining to the annual (2) [Reserved] management. Establish and reestablish report to Congress; regional, State, and local advisory (vii) Section 109 of the Act (42 U.S.C. § 2.18 Under Secretary for Food Safety. committees for activities under his or 9609), with respect to the assessment of (a) The following delegations of her authority. This authority may not be civil penalties for violations of section authority are made by the Secretary of redelegated. 122 of the Act (42 U.S.C. 9622), and the Agriculture to the Under Secretary for (3) Related to defense and emergency granting of awards to individuals Food Safety: preparedness. Administer providing information; (1) Related to food safety and responsibilities and functions assigned (viii) Section 111(f) of the Act (42 inspection. (i) Exercise the functions of under the Defense Production Act of U.S.C. 9611(f)), with respect to the the Secretary of Agriculture contained 1950, as amended (50 U.S.C. App. 2061 designation of officials who may Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56403 obligate money in the Hazardous (vii) Federal Insecticide, Fungicide, Emergency Assistance Act (42 U.S.C. Substances Superfund; and Rodenticide Act, as amended (7 5179, 5180(b)); (ix) Section 113(k) of the Act (42 U.S.C. 136 et seq.); and (I) Sections 4 and 5 of the Agriculture U.S.C. 9613(k)), with respect to (viii) Comprehensive Environmental and Consumer Protection Act of 1973, establishing an administrative record Response, Compensation, and Liability as amended (7 U.S.C. 612c note); upon which to base the selection of a Act of 1980, as amended by the (J) Section 1114 of the Agriculture and response action and identifying and Superfund Amendments and Food Act of 1981, as amended (7 U.S.C. notifying potentially responsible parties; Reauthorization Act of 1986 (42 U.S.C. 1431e); (x) Section 116(a) of the Act (42 9601 et seq.). (K) Section 1336 of the Agriculture U.S.C. 9616(a)), with respect to and Food Act of 1981 (Pub. L. 97–98); preliminary assessment and site § 2.19 Under Secretary for Food, Nutrition, (L) Emergency Food Assistance Act of inspection of facilities; and Consumer Services. 1983 (7 U.S.C. 612c note); (xi) Sections 117(a) and (c) of the Act (a) The following delegations of (M) Sections 3(b)–(i), 3A and 4 of the (42 U.S.C. 9617(a) and (c)), with respect authority are made by the Secretary of Commodity Distribution Reform Act to public participation in the Agriculture to the Under Secretary for and WIC Amendments of 1987 (7 U.S.C. preparation of any plan for remedial Food, Nutrition, and Consumer 612c note); and action and explanation of variances Services: (N) Section 110 of the Hunger from the final remedial action plan for (1) Related to food and nutrition. (i) Prevention Act of 1988 (7 U.S.C. 612c any remedial action or enforcement Administer the following legislation: note). action, including any settlement or (A) The Food Stamp Act of 1977, as (iii) Administer those functions consent decree entered into; amended (7 U.S.C. 2011–2032); relating to the distribution of food (xii) Section 119 of the Act (42 U.S.C. (B) National School Lunch Act of coupons under section 412 of the Robert 9119), with respect to indemnifying 1946, as amended (42 U.S.C. 1751– T. Stafford Disaster Relief and response action contractors; 1769h), except procurement of Emergency Assistance Act (42 U.S.C. (xiii) Section 121 of the Act (42 U.S.C. agricultural commodities and other 5179). 9621), with respect to cleanup foods under section 6 thereof; (iv) In connection with the functions standards; and (C) Child Nutrition Act of 1966, as assigned in paragraphs (a)(1)(i), (ii) and (xiv) Section 122 of the Act (42 U.S.C. amended (42 U.S.C. 1771–1790); (iii) of this section, relating to the 9622), with respect to settlements, but (D) Sections 933–939 of the Food, distribution and donation of agricultural excluding section 122(b)(1) of the Act Agriculture, Conservation, and Trade commodities and products thereof and (42 U.S.C. 9622(b)(1)), related to mixed Act Amendments of 1991 (7 U.S.C. 5930 food coupons to eligible recipients, funding agreements. note); and authority to determine the requirements (6) Related to compliance with (E) Section 301 of the Healthy Meals for such agricultural commodities and environmental laws. With respect to for Healthy Americans Act of 1994 (Pub. products thereof and food coupons to be facilities and activities under his or her L. 103–448). so distributed. authority, to exercise the authority of (ii) Administer those functions (v) Receive donation of food the Secretary of Agriculture pursuant to relating to the distribution and donation commodities under clause (3) of section section 1–102 related to compliance of agricultural commodities and 416(a) of the Agricultural Act of 1949, with applicable pollution control products thereof under the following as amended, section 709 of the Food standards and section 1–601 of legislation: and Agriculture Act of 1965, as Executive Order 12088, 3 CFR, 1978 (A) Clause (3) of section 416(a) of the amended, section 5 of the Agriculture Comp., p. 243, to enter into an inter- Agricultural Act of 1949, as amended (7 and Consumer Protection Act of 1973, agency agreement with the United U.S.C. 1431(a)), except the estimate and section 1114(a) of the Agriculture and States Environmental Protection announcement of the types and varieties Food Act of 1981, and section 202(a) Agency, or an administrative consent of food commodities, and the quantities and 202A of the Emergency Food order or a consent judgment in an thereof, to become available for Assistance Act of 1983. appropriate State, interstate, or local distribution thereunder; (2) Related to consumer advice. (i) agency, containing a plan and schedule (B) Section 709 of the Food and Develop and implement USDA policy to achieve and maintain compliance Agriculture Act of 1965, as amended (7 and procedural guidelines for carrying with applicable pollution control U.S.C. 1446a–1); out the Department’s Consumer Affairs standards established pursuant to the (C) Section 32 of the Act of August 24, Plan. following: 1935, as amended (7 U.S.C. 612c), as (ii) Advise the Secretary and other (i) Solid Waste Disposal Act, as supplemented by the Act of June 28, policy level officials of the Department amended by the Resource Conservation 1937, as amended (15 U.S.C. 713c), and on consumer affairs policies and and Recovery Act, as further amended related legislation; programs. by the Hazardous and Solid Waste (D) Section 9 of the Act of September (iii) Coordinate USDA consumer Amendments, and the Federal Facility 6, 1958, as amended (7 U.S.C. 1431b); affairs activities and monitor and Compliance Act (42 U.S.C. 6901 et seq.); (E) Section 210 of the Agricultural Act analyze agency procedures and (ii) Federal Water Pollution of 1956 (7 U.S.C. 1859), except with performance. Prevention and Control Act, as amended respect to donations to Federal penal (iv) Represent the Department at (33 U.S.C. 1251 et seq.); and correctional institutions; conferences, meetings and other (iii) Safe Drinking Water Act, as (F) Section 402 of the Mutual Security contacts where consumer affairs issues amended (42 U.S.C. 300f et seq.); Act of 1954, as amended (22 U.S.C. are discussed, including liaison with the (iv) Clean Air Act, as amended (42 1922); White House and other governmental U.S.C. 7401 et seq.); (G) Section 311 of the Older agencies and departments. (v) Noise Control Act of 1972, as Americans Act of 1965, as amended (42 (v) Work with the Office of Budget amended (42 U.S.C. 4901 et seq.); U.S.C. 3030a); and Program Analysis and the Office of (vi) Toxic Substances Control Act, as (H) Sections 412 and 413(b) of the Communications to ensure coordination amended (15 U.S.C. 2601 et seq.); Robert T. Stafford Disaster Relief and of USDA consumer affairs and public 56404 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations participation programs, policies and (1) Related to food and nutrition. authorized for the protection, information, and to prevent duplication Authority to appoint the members of the management, and administration of the of responsibilities. National Advisory Council on Maternal, National Forest System, including the (vi) Serve as a consumer ombudsman Infant, and Fetal Nutrition as directed in authority to approve acquisition of land and communication link between section 17(k) of the Child Nutrition Act under the Weeks Act of March 1, 1911, consumers and the Department. of 1966, as amended (42 U.S.C. 1786(k)). as amended (16 U.S.C. 521), and special (vii) Approve the designation of (2) [Reserved] forest receipts acts, as follows: (Pub. L. agency Consumer Affairs Contacts. 337, 74th Cong., 49 Stat. 866, as (3) Related to human nutrition § 2.20 Under Secretary for Natural amended by Pub. L. 310, 78th Cong., 58 Resources and Environment. information. (i) Develop techniques and Stat. 227; Pub. L. 505, 75th Cong., 52 equipment to assist consumers in the (a) The following delegations of Stat. 347, as amended by Pub. L. 310, home and in institutions in selecting authority are made by the Secretary of 78th Cong., 58 Stat. 227; Pub. L. 634, food that supplies a nutritionally Agriculture to the Under Secretary for 75th Cong., 52 Stat. 699, as amended by adequate diet. Natural Resources and Environment: Pub. L. 310, 78th Cong., 58 Stat. 227; (ii) Develop family food plans at (1) Related to environmental quality. Pub. L. 748, 75th Cong., 52 Stat. 1205, different costs for use as standards by (i) Administer the implementation of as amended by Pub. L. 310, 78th Cong., families of different sizes, sex-age the National Environmental Policy Act 58 Stat. 227; Pub. L. 427, 76th Cong., 54 composition, and economic levels. for the United States Department of Stat. 46; Pub. L. 589, 76th Cong., 54 Stat. (iii) Develop suitable and safe Agriculture (USDA). 297; Pub. L. 591, 76th Cong., 54 Stat. preparation and management (ii) Provide representation for USDA 299; Pub. L. 637, 76th Cong., 54 Stat. procedures to retain nutritional and on the National Response Team on 402; Pub. L. 781, 84th Cong., 70 Stat. eating qualities of food served in homes hazardous spills pursuant to Pub. L. No. 632). and institutions. 92–500 (33 U.S.C. 1151 note), and (iii) As necessary for administrative (iv) Develop materials to aid the section 4 of Executive Order 11735, 3 purposes, divide into and designate as public in meeting dietary needs, with CFR, 1971–1975 Comp., p. 793. national forests any lands of 3,000 acres emphasis on food selection for good (iii) Represent USDA in contacts with or more which are acquired under or nutrition and appropriate cost, and food the United States Environmental subject to the Weeks Act of March 1, preparation to avoid waste, maximize Protection Agency, the Council on 1911, as amended, and which are nutrient retention, minimize food safety Environmental Quality, and other contiguous to existing national forest hazards, and conserve energy. organizations or agencies on matters boundaries established under the (v) Develop food plans for use in related to assigned responsibilities. authority of the Weeks Act. establishing food stamp benefit levels, (iv) Formulate and promulgate USDA (iv) Plan and administer wildlife and and assess the nutritional impact of policy relating to environmental activity fish conservation rehabilitation and Federal food programs. and natural resources. habitat management programs on (vi) Coordinate nutrition education (v) Provide staff support for the National Forest System lands, pursuant promotion and professional education Secretary in the review of to 16 U.S.C. 670g, 670h, and 670o. projects within the Department. environmental impact statements. (v) For the purposes of the National (vii) Analyze data from food (vi) Provide leadership in USDA for Forest System Drug Control Act of 1986 consumption surveys in coordination general land use activities including (16 U.S.C. 559b–f), specifically with the Under Secretary for Research, implementation of Executive Order designate certain specially trained Education, and Economics to provide a 11988, Flood Plain Management, 3 CFR, officers and employees of the Forest basis for evaluating dietary adequacy. 1977 Comp., p. 117, and Executive Service, not exceeding 500, to have (viii) Consult with the Federal and Order 11990, Protection of Wetlands, 3 authority in the performance of their State agencies, the Congress, CFR, 1977 Comp., p. 121. duties within the boundaries of the universities, and other public and (2) Related to forestry. (i) Provide National Forest System: private organizations and the general national leadership in forestry. (As used (A) To carry firearms; public regarding household food here and elsewhere in this section, the (B) To enforce and conduct consumption, individual intake, and term ‘‘forestry’’ encompasses renewable investigations of violations of section dietary adequacy, and implications of and nonrenewable resources of forests, 401 of the Controlled Substance Act (21 the survey on public policy regarding including lands governed by the Alaska U.S.C. 841) and other criminal food and nutrition policies (7 U.S.C. National Interest Lands Conservation violations relating to marijuana and 3171–3175). Act, forest-related rangeland, grassland, other controlled substances that are (4) Related to committee brushland, woodland, and alpine areas manufactured, distributed, or dispensed management. Establish and reestablish including but not limited to recreation, on National Forest System lands; regional, State, and local advisory range, timber, minerals, watershed, (C) To make arrests with a warrant or committees for activities under his or wildlife and fish; natural scenic, process for misdemeanor violations, or her authority. This authority may not be scientific, cultural, and historic values without a warrant for violations of such redelegated. of forests and related lands; and misdemeanors that any such officer or (5) Related to defense and emergency derivative values such as economic employee has probable cause to believe preparedness. Administer strength and social well-being). are being committed in that employee’s responsibilities and functions assigned (ii) Protect, manage, and administer presence or view, or for a felony with under the Defense Production Act of the national forests, national forest a warrant or without a warrant if that 1950, as amended (50 U.S.C. App. 2061 purchase units, national grasslands, and employee has probable cause to believe et seq.), and title VI of the Robert T. other lands and interests in lands that the person being arrested has Stafford Disaster Relief and Emergency administered by the Forest Service, committed or is committing such a Assistance Act (42 U.S.C. 5195 et seq.), which collectively are designated as the felony; concerning food stamp assistance. National Forest System. This delegation (D) To serve warrants and other (b) The following authority is reserved covers the acquisition and disposition of process issued by a court or officer of to the Secretary of Agriculture: lands and interests in lands as may be competent jurisdiction; Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56405

(E) To search, with or without a inventors; and retain and use royalty under the Flood Control Act (33 U.S.C. warrant or process, any person, place, or income (15 U.S.C. 3710a–3710c). 701b–1); and conveyance according to Federal law or (xiv) Enter into contracts, grants, or (3) The Small Watershed Protection rule of law; and cooperative agreements to further Program under the Pilot Watershed (F) To seize, with or without warrant research, extension, or teaching Protection and Watershed Protection or process, any evidentiary item programs in the food and agricultural and Flood Prevention Acts (7 U.S.C. according to Federal law or rule of law. sciences (7 U.S.C. 3152, 3318). 701a–h; 16 U.S.C. 1001–1009); and (vi) Authorize the Forest Service to (xv) Enter into cost-reimbursable (B) Exercise responsibility in cooperate with the law enforcement agreements relating to agricultural connection with the forestry aspects of officials of any Federal agency, State, or research, extension, or teaching the Resource Conservation and political subdivision, in the activities (7 U.S.C. 3319a). Development Program authorized by investigation of violations of, and (xvi) Administer programs of title III of the Bankhead-Jones Farm enforcement of, section 401 of the cooperative forestry assistance in the Tenant Act (7 U.S.C. 1011(e)). Controlled Substances Act (21 U.S.C. protection, conservation, and multiple (xxiv) Provide assistance to the Farm 841), other laws and regulations relating resource management of forests and Service Agency in connection with the to marijuana and other controlled related resources in both rural and Agricultural Conservation Program, the substances, and State drug control laws urban areas and forest lands in foreign Naval Stores Conservation Program, and or ordinances, within the boundaries of countries (16 U.S.C. 2101–2114). the Cropland Conversion Program (16 the National Forest System. (xvii) Provide assistance to States and U.S.C. 590g–q). (vii) Administer programs under other units of government in forest (xxv) Provide assistance to the Rural section 23 of the Federal Highway Act resources planning and forestry rural Housing and Community Development (23 U.S.C. 101(a), 120(f), 125(a)–(c), 138, revitalization (7 U.S.C. 6601, 6611– Service in connection with grants and 202(a)–(b), 203, 204(a)–(h), 205(a)–(d), 6617; 16 U.S.C. 2107). loans under authority of section 303 of 211, 317, 402(a)). (xviii) Conduct a program of the Consolidated Farm and Rural (viii) Exercise the administrative technology implementation for State Development Act, 7 U.S.C. 1923; and appeal functions of the Secretary of forestry personnel, private forest consultation with the Department of Agriculture in review of decisions of the landowners and managers, vendors, Housing and Urban Development under Chief of the Forest Service pursuant to forest operators, public agencies, and the authority of 40 U.S.C. 461(e). 36 CFR parts 215 and 217 and 36 CFR individuals (16 U.S.C. 2107). (xxvi) Coordinate mapping work of part 251, subpart C. (xix) Administer Rural Fire Protection USDA including: (ix) Conduct, support, and cooperate (A) Clearing mapping projects to in investigations, experiments, tests, and Control Programs (16 U.S.C. 2106). (xx) Provide technical assistance on prevent duplication; and other activities deemed necessary to (B) Keeping a record of mapping done forestry technology or the obtain, analyze, develop, demonstrate, by USDA agencies; implementation of the Conservation and disseminate scientific information (C) Preparing and submitting required Reserve and Softwood Timber Programs about protecting, managing, and USDA reports; utilizing forest and rangeland renewable authorized in sections 1231–1244 and (D) Serving as liaison on mapping resources in rural, suburban, and urban 1254 of the Food Security Act of 1985 with the Office of Management and areas in the United States and foreign (16 U.S.C. 3831–3844; 7 U.S.C. 1981 Budget, Department of Interior, and countries. The activities conducted, note). other departments and establishments; supported, or cooperated in shall (xxi) Administer forest insect, disease, (E) Promoting interchange of technical include, but not be limited to: and other pest management programs mapping information, including renewable resource management (16 U.S.C. 2104). techniques which may reduce costs or research, renewable resource (xxii) Exercise the custodial functions improve quality; and environmental research; renewable of the Secretary for lands and interests (F) Maintaining the mapping records resource protection research; renewable in lands under lease or contract of sale formerly maintained by the Office of resource utilization research, and to States and local agencies pursuant to Operations. renewable resource assessment research title III of the Bankhead-Jones Farm (xxvii) Administer the radio (16 U.S.C. 1641–1647). Tenant Act and administer reserved and frequency licensing work of USDA, (x) Use authorities and means reversionary interests in lands conveyed including: available to disseminate the knowledge under that Act (7 U.S.C. 1010–1012). (A) Representing USDA on the and technology developed from forestry (xxiii) Under such general program Interdepartmental Radio Advisory research (16 U.S.C. 1645). criteria and procedures as may be Committee and its Frequency (xi) Coordinate activities with other established by the Natural Resources Assignment Subcommittee of the agencies in USDA, other Federal and Conservation Service: National Telecommunications and State agencies, forestry schools, and (A) Administer the forestry aspects of Information Administration, private entities and individuals (16 the programs listed in paragraphs Department of Commerce; U.S.C. 1643). (a)(2)(xxiii)(A)(1), (2) and (3) of this (B) Establishing policies, standards, (xii) Enter into contracts, grants, and section on the National Forest System, and procedures for allotting and cooperative agreements for the support rangelands with national forest assigning frequencies within USDA and of scientific research in forestry boundaries, adjacent rangelands which for obtaining effective utilization of activities (7 U.S.C. 427i(a), 1624; 16 are administered under formal them; U.S.C. 582a–8, 1643–1645, 1649). agreement, and other forest lands; (C) Providing licensing action (xiii) Enter into cooperative research (1) The cooperative river basin necessary to assign radio frequencies for and development agreements with surveys and investigations program (16 use by the agencies of USDA and industry, universities, and others; U.S.C. 1006); maintenance of the records necessary in institute a cash award program to (2) The Eleven Authorized Watershed connection therewith; reward scientific, engineering, and Improvement Programs and Emergency (D) Providing inspection of USDA’s technical personnel; award royalties to Flood Prevention Measures Program radio operations to ensure compliance 56406 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations with national and international Forestry Assistance Act of 1978 (16 the Commonwealth of the Northern regulations and policies for radio U.S.C. 2103). Mariana Islands, American Samoa, frequency use; and (xxxviii) Focusing on countries that Guam, the Virgin Islands, and Federally (E) Representing USDA in all matters could have a substantial impact on recognized Native American tribes, but relating to responsibilities and global warming, provide assistance that also to communities, watershed groups, authorities under the Federal Water promotes sustainable development and Federal and State agencies, and other Power Act, as amended (16 U.S.C. 791– global environmental stability; share cooperators. This authority includes 823). technical, managerial, extension, and such assistance as: (xxviii) [Reserved] administrative skills; provide education (1) Comprehensive planning (xxix) Administer the Youth and training opportunities; engage in assistance in nonmetropolitan districts; Conservation Corps Act (42 U.S.C. scientific exchange; and cooperate with (2) Assistance in the field of income- precede 2711 note) for USDA. domestic and international producing recreation on rural non- (xxx) Establish and operate the Job organizations that further international Federal lands; Corps Civilian Conservation Centers on programs for the management and (3) Forestry assistance, as part of total National Forest System lands as protection of forests, rangelands, technical assistance to private land authorized by title I, sections 106 and wildlife, fisheries and related natural owners and land users when such 107 of the Economic Opportunity Act of resources (16 U.S.C. 4501–4505). services are an integral part of land 1964 (42 U.S.C. 2716–2717), in (3) Related to natural resources management and such services are not accordance with the terms of an conservation. (i) Provide national available from a State agency; and agreement dated May 11, 1967, between leadership in the conservation, forestry services in connection with the Secretary of Agriculture and the development and productive use of the windbreaks and shelter belts to prevent Secretary of Labor; and administration Nation’s soil, water, and related wind and water erosion of lands; of other cooperative manpower training resources. Such leadership encompasses (4) Assistance in developing programs and work experience programs where soil, water, plant, and wildlife relating to natural beauty; and the Forest Service serves as host or conservation; small watershed (5) Assistance to other USDA agencies prime sponsor with other Departments protection and flood prevention; and in connection with the administration of of Federal, State, or local governments. resource conservation and development. their programs, as follows: (i) To the Farm Service Agency in the (xxxi) Administer the Volunteers in Integrated in these programs are erosion development and technical servicing of the National Forests Act of 1972 (16 control, sediment reduction, pollution certain programs, such as the U.S.C. 558a–558d, 558a note). abatement, land use planning, multiple Agricultural Conservation Program and (xxxii) Exercise the functions of the use, improvement of water quality, and other such similar conservation Secretary of Agriculture authorized in several surveying and monitoring programs; the Alaska National Interest Lands activities related to environmental (ii) To the Rural Housing and Conservation Act (16 U.S.C. 3101– improvement. All are designed to Community Development Service in 3215). assure: (A) Quality in the natural resource connection with their loan and land (xxxiii) Exercise the functions of the base for sustained use; disposition programs; Secretary as authorized in the Wild and (B) Quality in the environment to (B) Soil Surveys, including: Scenic Rivers Act (16 U.S.C. 1271– provide attractive, convenient, and (1) Providing leadership for the 1278). satisfying places to live, work, and play; Federal part of the National Cooperative (xxxiv) Jointly administer gypsy moth and Soil Survey which includes conducting eradication activities with the Assistant (C) Quality in the standard of living and publishing soil surveys; Secretary for Marketing and Regulatory based on community improvement and (2) Conducting soil surveys for Programs, under the authority of section adequate income. resource planning and development; 102 of the Organic Act of 1944, as (ii) Provide national leadership in and and amended; and the Act of April 6, 1937, evaluate and coordinate land use policy, (3) Performing the cartographic as amended (7 U.S.C. 147a, 148, 148a– and administer the Farmland Protection services essential to carrying out the 148e); and the Talmadge Aiken Act (7 Policy Act (7 U.S.C. 4201 et seq.), functions of the Natural Resources U.S.C. 450), by assuming primary including the Farms for the Future Conservation Service, including responsibility for treating isolated gypsy Program authorized by sections 1465– furnishing photographs, mosaics, and moth infestations on Federal lands, and 1470 of the Food, Agriculture, maps; on State and private lands contiguous to Conservation, and Trade Act of 1990, as (C) Conducting and coordinating infested Federal lands, and any other amended (7 U.S.C. 4201 note), except as snow surveys and making water supply infestations over 640 acres on State and otherwise delegated to the Under forecasts pursuant to Reorganization private lands. Secretary for Research, Education, and Plan No. IV of 1940 (5 U.S.C. App.); (xxxv) Exercise the functions of the Economics in § 2.21(a)(1)(lxii). (D) Operating plant materials centers Secretary authorized in the Federal (iii) Administer the basic program of for the assembly and testing of plant Onshore Oil and Gas Leasing Reform soil and water conservation under Pub. species in conservation programs, Act of 1987 (30 U.S.C. 226 et seq.). L. No. 46, 74th Congress, as amended, including the use, administration, and (xxxvi) Administer the Public Lands and related laws (16 U.S.C. 590 a–f, i– disposition of lands under the Corps program (16 U.S.C. 1721 et seq.) l, q, q–1; 42 U.S.C. 3271–3274; 7 U.S.C. administration of the Natural Resources for USDA consistent with the 2201), including: Conservation Service for such purposes Department’s overall national service (A) Technical and financial assistance under title III of the Bankhead-Jones program. to land users in carrying out locally Farm Tenant Act (7 U.S.C. 1010–1011); (xxxvii) Jointly administer the adapted soil and water conservation and Forestry Incentives Program with the programs primarily through soil and (E) Providing leadership in the Natural Resources Conservation Service, water conservation districts in the inventorying and monitoring of soil, in consultation with State Foresters, several States, the District of Columbia, water, land, and related resources of the under section 4 of the Cooperative the Commonwealth of Puerto Rico, and Nation. Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56407

(iv) Administer the Watershed (xi) Administer the search and rescue commissions created by 42 U.S.C. 1962, Protection and Flood Prevention operations authorized under 7 U.S.C. and on river basin interagency Programs, including: 2273. committees. (A) The eleven authorized watershed (xxii) Administer section 202(c) of the (xvi) Jointly administer the Forestry projects authorized under 33 U.S.C. Colorado River Basin Salinity Control Incentives Program with the Forest 702b–1; Act, 43 U.S.C. 1592(c), including: Service, in consultation with State (B) The emergency flood control work (A) Identify salt source areas and Foresters, under section 4 of the under 33 U.S.C. 701b–1; determine the salt load resulting from Cooperative Forestry Assistance Act of (C) The Cooperative River Basin irrigation and watershed management 1978 (16 U.S.C. 2103). Surveys and Investigations Programs practices; (xvii) Administer the Water Bank under 16 U.S.C. 1006; (B) Conduct salinity control studies of Program under the Water Bank Act (16 (D) The pilot watershed projects irrigated salt source areas; U.S.C. 1301 et seq.). under 16 U.S.C. 590 a–f and 16 U.S.C. (C) Provide technical and financial (xviii) Administer water quality 1001–1009; assistance in the implementation of activities under the Agriculture and (E) The Watershed Protection and salinity control projects including the Water Policy Coordination Act, subtitle Flood Prevention Program under 16 development of salinity control plans, G, title XIV of the Food, Agriculture, U.S.C. 1001–1009, except for technical services for application, and Conservation, and Trade Act of 1990, as responsibilities assigned to the Under certification of practice applications; amended (7 U.S.C. 5501–5505). Secretary for Rural Economic and (D) Develop plans for implementing (xix) Administer the Rural Community Development; measures that will reduce the salt load Environmental Conservation Program (F) The joint investigations and of the Colorado River; authorized by sections 1001–1010 of the surveys with the Department of the (E) Develop and implement long-term Agriculture Act of 1970, as amended (16 Army under 16 U.S.C. 1009; and monitoring and evaluation plans to U.S.C. 1501–1510). (G) The Emergency Conservation measure and report progress and (xx) Coordinate USDA input and Program under sections 401–405 of the accomplishments in achieving program assistance to the Department of Agricultural Credit Act of 1978 (the objectives; and Commerce and other Federal agencies Act), 16 U.S.C. 2201 et seq., except for (F) Enter into and administer consistent with section 307 of the the provisions of sections 401 and 402 contracts with program participants and Coastal Zone Management Act of 1972 of the Act, 16 U.S.C. 2201–2202, as waive cost-sharing requirements when (16 U.S.C. 1456), and coordinate USDA administered by the Under Secretary for such cost-sharing requirements would review of qualifying state and local Farm and Foreign Agricultural Services. result in a failure to proceed with government coastal management plans (v) Administer the Great Plains needed on-farm measures. or programs prepared under such Act Conservation Program and the Critical (xiii) Administer natural resources and submitted to the Secretary of Lands Resources Conservation Program conservation authorities under title XII Commerce, consistent with section under 16 U.S.C. 590p(b), 590q and of the Food Security Act of 1985 (Act), 306(a) and (c) of such Act (16 U.S.C. 590q–3. as amended (16 U.S.C. 3801 et seq.), 1455(a) and (c)). (vi) Administer the Resource including responsibilities for: (4) Related to committee Conservation and Development Program (A) The conservation of highly management. Establish and reestablish under 16 U.S.C. 590 a–f; 7 U.S.C. 1010– erodible lands and wetlands pursuant to regional, state, and local advisory 1011; and 16 U.S.C. 3451–3461, except sections 1211–1223 of the Act (16 U.S.C. committees for activities under his or for responsibilities assigned to the 3811–3823); her authority. This authority may not be Under Secretary for Rural Economic and (B) Technical assistance related to soil redelegated. Community Development. and water conservation technology for (5) Related to defense and emergency (vii) Responsibility for entering into the implementation and administration preparedness. Administer long-term contracts for carrying out of the Conservation Reserve Program responsibilities and functions assigned conservation and environmental authorized by sections 1231–1244 of the under the Defense Production Act of measures in watershed areas. Act, as amended (16 U.S.C. 3831–3844); 1950, as amended (50 U.S.C. App. 2061 (viii) Provide national leadership for (C) The Environmental Easement et seq.) and title VI of the Robert T. and administer the Soil and Water Program authorized by sections 1239– Stafford Disaster Relief and Emergency Resources Conservation Act of 1977 (16 1239d of the Act (16 U.S.C. 3839– Assistance Act (42 U.S.C. 5195 et seq.), U.S.C. 2001 et seq.). 3839d); relating to agricultural land and water, (ix) Administer the Rural Clean Water (D) The Agricultural Water Quality forests and forest products, rural fire Program and other responsibilities Improvement Program authorized by defense, and forestry research. assigned under section 35 of the Clean sections 1238–1238f of the Act, as (6) Related to surface mining control Water Act of 1977 (33 U.S.C. 1251 et amended (16 U.S.C. 3838–3838f); and and reclamation. Administer seq.). (E) The Wetland Reserve Program and responsibilities and functions assigned (x) Monitor actions and progress of the Emergency Wetlands Reserve to the Secretary of Agriculture under the USDA in complying with Executive Program authorized by sections 1237– Surface Mining Control and Order 11988, Flood Plain Management, 1237f of the Act, as amended (16 U.S.C. Reclamation Act of 1977 (30 U.S.C. 1201 3 CFR, 1977 Comp., p. 117, and 3837–3837f), and the Emergency et seq.). Executive Order 11990, Protection of Supplemental Appropriations for Relief (7) Related to environmental Wetlands, 3 CFR, 1977 Comp., p. 121, From the Major, Widespread Flooding response. (i) With respect to land and regarding management of floodplains in the Midwest Act of 1993, Pub. L. No. facilities under his or her authority, to and protection of wetlands; monitor 103–75. exercise the functions delegated to the USDA efforts on protection of important (xiv) Approve and transmit to the Secretary by Executive Order 12580, 3 agricultural, forest and rangelands; and Congress comprehensive river basin CFR, 1987 Comp., p. 193, and Executive provide staff assistance to the USDA reports. Order 12777, 3 CFR, 1991 Comp., p. Natural Resources and Environment (xv) Provide representation on the 351, to act as Federal trustee for natural Committee. Water Resources Council and river basin resources in accordance with section 56408 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations

107(f) of the Comprehensive (J) Section 113(k) of the Act (42 U.S.C. (iv) Clean Air Act, as amended (42 Environmental Response, 9613(k)), with respect to establishing an U.S.C. 7401 et seq.); Compensation, and Liability Act of 1980 administrative record upon which to (v) Noise Control Act of 1972, as (42 U.S.C. 9607(f)), section 311(f)(5) of base the selection of a response action amended (42 U.S.C. 4901 et seq.); the Federal Water Pollution Control Act and identifying and notifying (vi) Toxic Substances Control Act, as (33 U.S.C. 1321(f)(5)), and section potentially responsible parties; amended (15 U.S.C. 2601 et seq.); 1006(b)(2) of the Oil Pollution Act of (K) Section 116(a) of the Act (42 (vii) Federal Insecticide, Fungicide, 1990 (33 U.S.C. 2706(b)(2)). U.S.C. 9616(a)), with respect to and Rodenticide Act, as amended (7 (ii) With respect to land and facilities preliminary assessment and site U.S.C. 136 et seq.); and under his or her authority, to exercise inspection of facilities; (viii) Comprehensive Environmental the functions delegated to the Secretary (L) Section 117(a) and (c) of the Act Response, Compensation, and Liability by Executive Order 12580, 3 CFR, 1987 (42 U.S.C. 9617(a) and (c)), with respect Act of 1980, as amended by the Comp., p. 193, under the following to public participation in the Superfund Amendments and provisions of the Comprehensive preparation of any plan for remedial Reauthorization Act of 1986 (42 U.S.C. Environmental Response, action and explanation of variances 9601 et seq.). Compensation, and Liability Act of 1980 from the final remedial action plan for (b) The following authorities are (‘‘the Act’’), as amended: any remedial action or enforcement reserved to the Secretary of Agriculture: (A) Sections 104(a), (b), and (c)(4) of action, including any settlement or (1) Related to natural resource the Act (42 U.S.C. 9604(a), (b), and consent decree entered into; conservation. Designation of new (c)(4)), with respect to removal and (M) Section 119 of the Act (42 U.S.C. project areas in which the resource remedial actions in the event of release 9619), with respect to indemnifying conservation and development program or threatened release of a hazardous response action contractors; assistance will be provided. substance, pollutant, or contaminant (N) Section 121 of the Act (42 U.S.C. (2) [Reserved] into the environment; 9621), with respect to cleanup § 2.21 Under Secretary for Research, (B) Sections 104(e)–(h) of the Act (42 standards; and Education, and Economics. U.S.C. 9604(e)–(h)), with respect to (O) Section 122 of the Act (42 U.S.C. (a) The following delegations of information gathering and access 9622), with respect to settlements, but authority are made by the Secretary of requests and orders; compliance orders; excluding section 122(b)(1) of the Act Agriculture to the Under Secretary for compliance with Federal health and (42 U.S.C. 9622(b)(1)), relating to mixed Research, Education, and Economics. safety standards and wage and labor funding agreements. (1) Related to science and education. standards applicable to covered work; (iii) With respect to land and facilities (i) Direct, coordinate and provide and emergency procurement powers; under his or her authority, to exercise national leadership and support for (C) Section 104(i)(11) of the Act (42 the authority vested in the Secretary of research, extension and teaching U.S.C. 9604(i)(11)), with respect to the Agriculture to act as the ‘‘Federal Land programs in the food and agricultural reduction of exposure to significant risk Manager’’ pursuant to the Clean Air Act, sciences to meet major needs and to human health; as amended (42 U.S.C. 7401 et seq.). challenges in development of new food (D) Section 104(j) of the Act (42 U.S.C. (8) Related to compliance with and fiber; food and agriculture viability 9604(j)), with respect to the acquisition environmental laws. With respect to and competitiveness in the global of real property and interests in real facilities and activities under his or her economy; enhancing economic property required to conduct a remedial authority, to exercise the authority of opportunities and quality of life for action; the Secretary of Agriculture pursuant to rural America; food and agricultural (E) The first two sentences of section section 1–102 related to compliance system productivity and development of 105(d) of the Act (42 U.S.C. 9605(d)), with applicable pollution control new crops and new uses; the with respect to petitions for preliminary standards and section 1–601 of environment and natural resources; or assessment of a release or threatened Executive Order 12088, 3 CFR, 1978 the promotion of human health and release; Comp., p. 243, to enter into an inter- welfare pursuant to the National (F) Section 105(f) of the Act (42 U.S.C. agency agreement with the United Agricultural Research, Extension, and 9605(f)), with respect to consideration of States Environmental Protection Teaching Policy of 1977, as amended (7 the availability of qualified minority Agency, or an administrative consent U.S.C. 3101 et seq.). firms in awarding contracts, but order or a consent judgment in an (ii) Provide national leadership and excluding that portion of section 105(f) appropriate United States District Court support for research, extension, and of the Act pertaining to the annual with an appropriate State, interstate, or teaching programs in the food and report to Congress; local agency, containing a plan and agricultural sciences to carry out (G) Section 109 of the Act (42 U.S.C. schedule to achieve and maintain sustainable agriculture research and 9609), with respect to the assessment of compliance with applicable pollution education; a National Plant Genetic civil penalties for violations of section control standards established pursuant Resources Program; a national 122 of the Act (42 U.S.C. 9622), and the to the following: agricultural weather information granting of awards to individuals (i) Solid Waste Disposal Act, as system; research regarding the providing information; amended by the Resource Conservation production, preparation, processing, (H) Section 111(f) of the Act (42 and Recovery Act, the Hazardous and handling, and storage of agricultural U.S.C. 9611(f)), with respect to the Solid Waste Amendments, and the products; a Plant and Animal Pest and designation of officials who may Federal Facility Compliance Act (42 Disease Control Program; and any other obligate money in the Hazardous U.S.C. 6901 et seq.); provisions pursuant to title XVI of the Substances Superfund; (ii) Federal Water Pollution Food, Agriculture, Conservation, and (I) Section 113(g) of the Act (42 U.S.C. Prevention and Control Act, as amended Trade Act of 1990 (Pub. L. No. 101–624, 9613(g)), with respect to receiving (33 U.S.C. 1251 et seq.); 104 Stat. 3703), except the provisions notification of a natural resource (iii) Safe Drinking Water Act, as relating to the USDA Graduate School in trustee’s intent to file suit; amended (42 U.S.C. 300f et seq.); section 1669 and the provisions relating Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56409 to alternative agricultural research and its broadest aspects, including, but not (xxiv) Maintain four regional research commercialization under sections 1657– limited to, production, marketing (other laboratories and conduct research at 1664 (7 U.S.C. 5801 et seq.). than statistical and economic research such laboratories to develop new (iii) Coordinate USDA policy and but including research related to family scientific, chemical, and technical uses conduct programs relative to the Federal use of resources), distribution, and new and extended markets and Insecticide, Fungicide, and Rodenticide processing, and utilization of plant and outlets for farm commodities and Act, as amended (7 U.S.C. 136 et seq.) animal commodities; problems of products and the byproducts thereof (7 and coordinate the Department’s human nutrition; development of U.S.C. 1292). Integrated Pest Management Programs markets for agricultural commodities; (xxv) Conduct a Special Cotton and the Pesticide Assessment Program discovery, introduction, and breeding of Research Program designed to reduce (7 U.S.C. 136–136y). new crops, plants, and animals, both the cost of producing upland cotton in (iv) Carry out research, technology foreign and native; conservation the United States (7 U.S.C. 1441 note). development, technology transfer, and development; and development of (xxvi) Conduct a research and demonstration projects related to the efficient use of farm buildings, homes, development program to formulate new economic feasibility of the manufacture and farm machinery except as otherwise uses for farm and forest products (7 and commercialization of natural rubber delegated in § 2.22(a)(1)(ii) and U.S.C. 1632(b)). from plants containing hydrocarbons (7 § 2.79(a)(2) (7 U.S.C. 427, 1621–1627, (xxvii) Conduct research to develop U.S.C. 178–178n). 1629, 2201, and 2204). and determine methods for the humane (v) Conduct research on the control of (xvi) Conduct research on varietal slaughter of livestock (7 U.S.C. 1904). undesirable species of honey bees in improvement of wheat and feed grains (xxviii) Administer a competitive cooperation with specific foreign to enhance their conservation and grant program for non- profit governments (7 U.S.C. 284). environmental qualities (7 U.S.C. 428b). institutions to establish and operate (vi) Administer the appropriation for (xvii) Advance the livestock and centers for rural technology or the endowment and maintenance of agricultural interests of the United cooperative development (7 U.S.C. colleges for the benefit of agriculture States, including the breeding of horses 1932(f)). and the mechanical arts (7 U.S.C. 321– suited to the needs of the United States (xxix) Administer a Nutrition 326a). (7 U.S.C. 437). Education Program for Food Stamp (vii) Administer teaching funds (xviii) Enter into agreements with and recipients and for the distribution of authorized by section 22 of the receive funds from any State, other commodities on reservations (7 U.S.C. Bankhead Jones Act, as amended (7 political subdivision, organization, or 2020(f)). (xxx) Conduct education and U.S.C. 329). individual for the purpose of (viii) Administer a Cooperative extension programs and a pilot project conducting cooperative research Agricultural Extension Program in related to nutrition education (7 U.S.C. projects (7 U.S.C. 450a). accordance with the Smith-Lever Act, as 2027(a) and 5932). (xix) Carry out a program (IR–4 amended (7 U.S.C. 341–349). (xxxi) Provide for the dissemination (ix) Cooperate with the States for the Program) for the collection of residue of appropriate rural health and safety purpose of encouraging and assisting and efficacy data in support of minor information resources possessed by the them in carrying out research related to use pesticide registration or Rural Information Center, in the problems of agriculture in its reregistration and to determine cooperation with State educational broadest aspects under the Hatch Act, as tolerances for minor use chemical program efforts (7 U.S.C. 2662). amended (7 U.S.C. 361a–361i). residues in or on agricultural (xxxii) Develop and maintain national (x) Support agricultural research at commodities (7 U.S.C. 450i). and international library and eligible institutions in the States (xx) Administer and direct a program information systems and networks and through the provision of Federal-grant of competitive and special grants to facilitate cooperation and coordination funds to help finance physical research State agricultural experiment stations, of the agricultural libraries of colleges, facilities (7 U.S.C. 390–390k). colleges and universities, other research universities, USDA, and their closely (xi) Conduct research concerning institutions and organizations, Federal allied information gathering and domestic animals and poultry, their agencies, private organizations or dissemination units in conjunction with protection and use, the causes of corporations, and individuals and of private industry and other research contagious, infectious, and facilities grants to State agricultural libraries (7 U.S.C. 2201, 2204, 3125a, communicable diseases, and the means experiment stations and designated and 3126). for the prevention and cure of the same colleges and universities to promote (xxxiii) Accept gifts and order (7 U.S.C. 391). research in food, agriculture and related disbursements from the Treasury for (xii) Conduct research related to the areas (7 U.S.C. 450i). carrying out of National Agricultural dairy industry and to the dissemination (xxi) Provide resource information Library (NAL) functions (7 U.S.C. 2264– of information for the promotion of the concerning rural electric and telephone 2265). dairy industry (7 U.S.C. 402). use and rural development efforts (7 (xxxiv) Propagate bee-breeding stock (xiii) Conduct research and U.S.C. 917). and release bee germplasm to the public demonstrations at Mandan, ND, related (xxii) Act as a catalyst to provide (7 U.S.C. 283). to dairy livestock breeding, growing, access to leadership training and (xxxv) Administer, in cooperation and feeding, and other problems services programs encompassing with the States, a Cooperative Rural pertaining to the establishment of the private, public, business, and Development and Small Farm Research dairy and livestock industries (7 U.S.C. government entities (7 U.S.C. 950aa–1). and Extension Program under the Rural 421–422). (xxiii) Conduct research related to soil Development Act of 1972, as amended (xiv) Conduct research on new uses and water conservation, engineering (7 U.S.C. 2661–2667). for cotton and on cotton ginning and operations, and methods of cultivation (xxxvi) Administer a cooperative processing (7 U.S.C. 423–424). to provide for the control and extension program under the Farmer-to- (xv) Administer and conduct research prevention of soil erosion (7 U.S.C. 1010 Consumer Direct Marketing Act of 1976 into the basic problems of agriculture in and 16 U.S.C. 590a). (7 U.S.C. 3004). 56410 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations

(xxxvii) Coordinate the development or advanced studies in the food and programs in the food and agriculture and carrying out by Department agricultural sciences (7 U.S.C. 3153). sciences (7 U.S.C. 3318). agencies of all matters and functions (xlvii) Administer grants to colleges, (lvii) Enter into cost-reimbursable pertaining to agricultural research universities, and Federal laboratories for agreements with State cooperative conducted or funded by the Department research on the production and institutions for the acquisition of goods involving biotechnology, including the marketing of alcohols and industrial or services in support of research, development and implementation of hydrocarbons from agricultural extension, or teaching activities in the guidelines for oversight of research commodities and forest products (7 food and agricultural sciences, activities, acting as liaison on all matters U.S.C. 3154). including the furtherance of library and and functions pertaining to agricultural (xlviii) Establish a national food related information programs (7 U.S.C. research in biotechnology between science and research center for the 3319a). agencies within the Department and Southeast Region of the United States (lviii) Conduct research and develop between the Department and other and administer a National Food and and implement a pilot project program governmental, educational, or private Human Nutrition Research and for the development of supplemental organizations and carrying out any other Extension Program under the National and alternative crops (7 U.S.C. 3319d). activities authorized by (7 U.S.C. 3121). Agricultural Research, Extension, and (lix) Administer an Aquaculture (xxxviii) Establish a Joint Council on Teaching Policy Act of 1977, as Assistance Program, involving centers, Food and Agricultural Sciences to bring amended (7 U.S.C. 3171–3175). by making grants to eligible institutions about more effective research, (xlix) Administer and direct an for research and extension to facilitate extension, and teaching in the food and Animal Health and Disease Research or expand production and marketing of agricultural sciences (7 U.S.C. 3122). Program under the National Agricultural aquacultural food species and products; (xxxix) Establish and oversee the Research, Extension, and Teaching making grants to States to formulate National Agricultural Research and Policy Act of 1977, as amended (7 aquaculture development plans for the Extension Users Advisory Board and the U.S.C. 3191–3201). production and marketing of Agricultural Science and Technology (l) Support continuing agricultural aquacultural species and products; Review Board (7 U.S.C. 3123 and and forestry extension and research, conducting a program of research, 3123A). resident instruction, and facilities extension and demonstration at (xl) Provide and distribute improvement at 1890 land-grant aquacultural demonstration centers; and information and data about Federal, colleges, including Tuskegee University, making grants to aquaculture research State, local, and other Rural and administer a grant program for five facilities to do research on intensive Development Assistance Programs and National Research and Training water recirculating systems (7 U.S.C. services available to individuals and Centennial Centers (7 U.S.C. 3221, 3222, 3321–3323). organizations. To the extent possible, and 3222a–3222c). (lx) Administer a Cooperative NAL shall use telecommunications (li) Support agricultural research at Rangeland Research Program (7 U.S.C. technology to disseminate such the 1890 land-grant colleges, including 3331–3336). information to rural areas (7 U.S.C. Tuskegee University, through Federal- (lxi) Conduct a program of basic 3125b). grant funds to help finance physical research on cancer in animals and birds (xli) Assemble and collect food and facilities (7 U.S.C. 3223). (7 U.S.C. 3902). nutrition educational material, (lii) Make grants, under such terms (lxii) Design and implement including the results of nutrition and conditions as the Under Secretary educational programs and distribute research, training methods, procedures, determines, to eligible institutions for materials in cooperation with the and other materials related to the the purpose of assisting such cooperative extension services of the purposes of the National Agricultural institutions in the purchase of States emphasizing the importance of Research, Extension, and Teaching equipment and land, and the planning, productive farmland, and designate a Policy Act of 1977, as amended; construction, alteration, or renovation of farmland information center, pursuant maintain such information; and provide buildings, to provide adequate facilities to section 1544 of the Farmland for the dissemination of such to conduct extension work, and issue Protection Policy Act (7 U.S.C. 4205). information and materials on a regular rules and regulations as necessary to (lxiii) Conduct programs of education, basis to State educational agencies and carry out this authority (7 U.S.C. 3224). extension, and research related to water other interested parties (7 U.S.C. 3126). (xlii) Conduct programs related to (liii) Provide policy direction and quality, agrichemicals and nutrient composting research and extension (7 coordinate the Department’s work with management (7 U.S.C. 5503–5506). U.S.C. 3130). national and international institutions (lxiv) Administer programs and (xliii) Conduct a program of grants to and other persons throughout the world conduct projects for research, extension, States to expand, renovate, or improve in the performance of agricultural and education on sustainable schools of veterinary medicine (7 U.S.C. science, education and development agriculture (7 U.S.C. 5811–5813). 3151). activities (7 U.S.C. 3291). (lxv) Conduct research and (xliv) Formulate and administer (liv) Administer grants to States in cooperative extension programs to higher education programs in the food support of the establishment and optimize crop and livestock production and agricultural sciences and administer operation of International Trade potential, integrated resource grants to colleges and universities (7 Development Centers (7 U.S.C. 3292). management, and integrated crop U.S.C. 3152). (lv) Conduct program evaluations to management (7 U.S.C. 5821). (xlv) Administer the National Food improve the administration and (lxvi) Design, implement, and develop and Agricultural Sciences Teaching effectiveness of agricultural research, handbooks, technical guides, and other Awards Program for recognition of extension, and teaching programs (7 educational materials emphasizing educators in the food and agricultural U.S.C. 3317). sustainable agriculture production sciences (7 U.S.C. 3152). (lvi) Enter into contracts, grants, or systems and practices (7 U.S.C. 5831). (xlvi) Administer the National cooperative agreements to further (lxvii) Administer a competitive grant Agricultural Science Award for research research, extension, or teaching program to organizations to carry out a Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56411 training program on sustainable (lxxx) Administer research and (xcvi) Conduct programs of research, agriculture (7 U.S.C. 5832). extension grants for the development of technology development, and education (lxviii) Administer a national research agricultural production and marketing related to global climate change (7 program on genetic resources to provide systems to service niche markets (7 U.S.C. 6701–6710). for the collection, preservation, and U.S.C. 5925). (xcvii) Administer the Small Business dissemination of genetic material (lxxxi) Administer a grants program to Innovation Development Act of 1982 for important to American food and States on immunoassay as it is used to USDA (15 U.S.C. 638(e)–(k)). agriculture production (7 U.S.C. 5841– detect agricultural pesticide residues on (xcviii) Coordinate Departmental 5844). agricultural commodities and to policies under the Toxic Substance (lxix) Conduct remote-sensing and diagnose plant and animal diseases (7 Control Act (15 U.S.C. 2601–2629). other weather-related research (7 U.S.C. U.S.C. 5925). (xcix) Provide educational and 5852). (lxxxii) Conduct research programs technical assistance in implementing (lxx) Establish an Agricultural for the development of technology to and administering the Conservation Weather Office and administer a determine animal lean content (7 U.S.C. Reserve Program authorized in sections national agricultural weather 5925). 1231–1244 of the Food Security Act of information system, including a (lxxxiii) Conduct and support 1985 (Pub. L. No. 99–198, 99 Stat. 1509 competitive grants program for research research programs to determine the (16 U.S.C. 3831–3844)). in atmospheric sciences and climatology presence of aflatoxin in the food and (c) Enter into cooperative research (7 U.S.C. 5852–5853). feed chains (7 U.S.C. 5925). and development agreements with (lxxi) Administer a research and (lxxxiv) Administer grants and industry, universities, and others; extension grant program to States to conduct research programs to develop institute a cash award program to administer programs for State production methods and commercial reward scientific, engineering, and agricultural weather information uses for mesquite (7 U.S.C. 5925). technical personnel; award royalties to systems (7 U.S.C. 5854). (lxxxv) Administer grants and inventors; and retain and use royalty (lxxii) Administer grants and conduct conduct research programs to income (15 U.S.C. 3710a–3710c). research programs to measure investigate enhanced genetic selection (ci) Coordinate USDA activities microbiological and chemical agents and processing techniques of prickly delegated under 15 U.S.C. 3710a–3710c. (cii) Conduct educational and associated with the production, pears (7 U.S.C. 5925). (lxxxvi) Conduct a research program demonstrational work in Cooperative preparation, processing, handling, and and administer grants and contracts for Farm Forestry Programs (16 U.S.C. 568). storage of agricultural products (7 U.S.C. research on the disease of scrapie in (ciii) Cooperate with the States for the 5871–5874). sheep and goats (7 U.S.C. 5925). purposes of encouraging and assisting (lxxiii) Administer and conduct (lxxxvii) Support and conduct basic them in carrying out programs of research and extension programs on and applied research in the forestry, natural resources, and integrated pest management, including development of new commercial environmental research (16 U.S.C. research to benefit floriculture (7 U.S.C. products from natural plant materials 582a–8). 5881). for industrial, medical, and agricultural (civ) Establish and administer the (lxxiv) Establish a National Pesticide applications (7 U.S.C. 5925). Forestry Student Grant Program to Resistance Monitoring Program and (lxxxviii) Establish and administer a provide competitive grants to assist the disseminate information on materials program for the development and expansion of the professional education and methods of pest and disease control utilization of an agricultural of forestry, natural resources, and available to agricultural producers communications network (7 U.S.C. environmental scientists (16 U.S.C. through the pest and disease control 5926). 1649). database (7 U.S.C. 5882). (lxxxix) Establish an Agricultural (cv) Provide for an expanded and (lxxv) Administer and conduct Research Facilities Planning and comprehensive extension program for research and grant programs on the Closure Study Commission to review forest and rangeland renewable control and eradication of exotic pests currently operating and planned resources (16 U.S.C. 1671–1676). (7 U.S.C. 5883). facilities, and to develop (cvi) Provide technical, financial, and (lxxvi) Conduct research and recommendations (7 U.S.C. 5927). educational assistance to State foresters educational programs to study the (xc) Administer research programs to and State extension directors on rural biology and behavior of chinch bugs (7 establish national centers for forestry assistance (16 U.S.C. 2102). U.S.C. 5884). agricultural product quality research (7 (cvii) Provide educational assistance (lxxvii) Administer research programs U.S.C. 5928). to State foresters under the Forest and grants for risk assessment research (xci) Administer education programs Stewardship Program (16 U.S.C. 2103a). to address concerns about the on Indian reservations and tribal (cviii) Implement and conduct an environmental effects of biotechnology jurisdictions (7 U.S.C. 5930). educational program to assist the (7 U.S.C. 5921). (xcii) Administer a special grants development of Urban and Community (lxxviii) Administer a special grants program to study constraints on Forestry Programs (16 U.S.C. 2105). program to assist efforts by research agricultural trade (7 U.S.C. 5931). (cix) Provide staff support to the institutions to improve the efficiency (xciii) Administer a demonstration Secretary of Agriculture in his or her and efficacy of safety and inspection grants program for support of an role as permanent Chair for the Joint systems for livestock products (7 U.S.C. assistive technology program for farmers Subcommittee on Aquaculture 5923). with disabilities (7 U.S.C. 5933). established by the National Aquaculture (lxxix) Establish and coordinate (xciv) Conduct research on diseases Act of 1980 and coordinate aquacultural USDA grant programs and conduct basic affecting honeybees (7 U.S.C. 5934). activities within the Department (16 and applied research and technology (xcv) Control within USDA the U.S.C. 2805). development in the areas of plant acquisition, use, and disposal of (cx) Perform research, development, genome structure and function (7 U.S.C. material and equipment that may be a and extension activities in aquaculture 5924). source of ionizing radiation hazard. (16 U.S.C. 2804 and 2806). 56412 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations

(cxi) Provide educational assistance to (cxxiv) Represent the Department on persons, property, buildings, and farmers regarding the Agricultural Water the Federal Interagency Council on grounds of the Arboretum, Washington, Quality Protection Program (16 U.S.C. Education. DC; the U.S. Meat Animal Research 3838b). (cxxv) Assure the acquisition, Center, Clay Center, NE; the (cxii) Copy and deliver on demand preservation, and accessibility of all Agricultural Research Center, Beltsville, selected articles and other materials information concerning food and MD; and the Animal Disease Center, from the Department’s collections by agriculture by providing leadership to Plum Island, NY, over which the United photographic reproduction or other and coordination of the acquisition States has exclusive or concurrent means within the permissions, programs and related activities of the criminal jurisdiction, in accordance constraints, and limitations of sections library and information systems, with with the limitations and requirements of 106, 107, and 108 of the Copyright Act the agencies of USDA, other Federal the Federal Property and Administrative of October 19, 1976, (17 U.S.C. 106, 107, departments and agencies, State Services Act of 1949, as amended (40 and 108). agricultural experiment stations, U.S.C. 471 et seq.), the Act of June 1, (cxiii) Authorize the use of the 4–H colleges and universities, and other 1948, as amended (40 U.S.C. 318 et Club name and emblem (18 U.S.C. 707). research institutions and organizations. seq.), and the policies, procedures, and (cxxvi) Formulate, write, or prescribe controls prescribed by the General (cxiv) Maintain a National Arboretum bibliographic and technically related Services Administration. Any rules or for the purposes of research and standards for the library and regulations promulgated under this education concerning tree and plant life; information services of USDA. authority shall be approved by the accept and administer gifts or devices or (cxxvii) Determine by survey or other Director, Office of Operations, and the real and personal property for the appropriate means, the information General Counsel prior to issuance. benefit of the National Arboretum; and needs of the Department’s scientific, (cxxxiv) Represent the Department on order disbursements from the Treasury professional, technical, and the Federal Coordinating Council for (20 U.S.C. 191–195). administrative staffs, its constituencies, Science, Engineering, and Technology. (cxv) Conduct research on foot-and- and the general public in the areas of (cxxxv) Administer the Department’s mouth disease and other animal food, agriculture, the environment, and Patent Program except as delegated to diseases (21 U.S.C. 113a). other related areas. the General Counsel in § 2.31(e). (cxvi) Conduct research on the control (cxxviii) Represent the Department on (cxxxvi) Review cooperative research and eradication of cattle grubs all library and information science and development agreements entered (screwworms) (21 U.S.C. 114e). matters before Congressional into pursuant to 15 U.S.C. 3710a–3710c, (cxvii) Obtain and furnish Federal Committees and appropriate with authority to disapprove or require excess property to eligible recipients for commissions, and provide the modification of any such agreement. use in the conduct of research and representation to the coordinating (2) Related to committee extension programs (40 U.S.C. committees of the Federal and State management. Establish or reestablish 483(d)(2)). governments concerned with library and regional, state and local advisory (cxviii) Conduct research information science activities. committees for the activities authorized. demonstration and promotion activities (cxxix) Represent the Department in This authority may not be redelegated. related to farm dwellings and other international organizational activities (3) Related to defense and emergency buildings for the purposes of reducing and on international technical preparedness. Administer the costs and adapting and developing committees concerned with agricultural responsibilities and functions assigned fixtures and appurtenances for more science, education, and development under the Defense Production Act of efficient and economical farm use (42 activities, including library and 1950, as amended (50 U.S.C. App. 2061 U.S.C. 1476(b)). information science activities. et seq.), and title VI of the Robert T. (cxix) Carry out research, (cxxx) Prepare and disseminate Stafford Disaster Relief and Emergency demonstration, and educational computer files, indexes and abstracts, Assistance Act (42 U.S.C. 5195 et seq.), activities authorized in section 202(c) of bibliographies, reviews, and other concerning scientific and educational the Colorado River Basin Salinity analytical information tools. programs; estimates of supplies of Control Act (43 U.S.C. 1592(c)). (cxxxi) Arrange for the consolidated agricultural commodities and evaluation purchasing and dissemination of of requirements therefor; coordination (cxx) Conduct research on losses of printed and automated indexes, of damage assessment; food and livestock in interstate commerce due to abstracts, journals, and other widely agricultural aspects of economic injury or disease (45 U.S.C. 71 note). used information resources and stabilization, economic research, and (cxxi) Administer a Cooperative services. agricultural statistics; and the Agricultural Extension Program related (cxxxii) Provide assistance and coordination of energy programs. to agriculture, uses of solar energy with support to professional organizations (4) Related to rural development respect to agriculture, and home and others concerned with library and activities. Provide guidance and economics in the District of Columbia information science matters and issues. direction for the accomplishment of (D.C. Code 31–1409). (cxxxiii) Pursuant to the authority activities authorized under the Rural (cxxii) Provide leadership and direct delegated by the Administrator of Development Act of 1972, as amended assistance in planning, conducting and General Services to the Secretary of (7 U.S.C. 1921 et seq.), for programs evaluating extension programs under a Agriculture in 34 FR 6406, 36 FR 1293, under the control of the Under Secretary memorandum of agreement with the 36 FR 18440, and 38 FR 23838, appoint for Research, Education, and Bureau of Indian Affairs dated May uniformed armed guards and special Economics, coordinating the policy 1956. policemen, make all needful rules and aspects thereof with the Under Secretary (cxxiii) Exercise the responsibilities of regulations, and annex to such rules and for Rural Economic and Community the Secretary under regulations dealing regulations such reasonable penalties Development. with Equal Employment Opportunity in (not to exceed those prescribed in 40 (5) Related to environmental the Cooperative Extension Service (part U.S.C. 318(c), as will ensure their response. With respect to land and 18 of this title). enforcement, for the protection of facilities under his or her authority, Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56413 exercise the functions delegated to the from the final remedial action plan for (A) Research on the nutrient Secretary by Executive Order 12580, 3 any remedial action or enforcement composition of foods and the effects of CFR, 1987 Comp., p. 193, under the action, including any settlement or agricultural practices, handling, food following provisions of the consent decree entered into; processing, and cooking on the nutrients Comprehensive Environmental (xii) Section 119 of the Act (42 U.S.C. they contain; Response, Compensation, and Liability 9119), with respect to indemnifying (B) Surveillance of the nutritional Act of 1980 (‘‘the Act’’), as amended: response action contractors; benefits provided to participants in the (i) Sections 104 (a), (b), and (c)(4) of (xiii) Section 121 of the Act (42 U.S.C. food programs administered by the the Act (42 U.S.C. 9604 (a), (b), and 9621), with respect to cleanup Department; and (c)(4)), with respect to removal and standards; and (C) Research on the factors affecting remedial actions in the event of release (xiv) Section 122 of the Act (42 U.S.C. food preference and habits (7 U.S.C. or threatened release of a hazardous 9622), with respect to settlements, but 3171–3175, 3177). substance, pollutant, or contaminant excluding section 122(b)(1) of the Act (ii) The authority in paragraph (a)(7)(i) into the environment; (42 U.S.C. 9622(b)(1)), related to mixed of this section includes the authority to: (ii) Sections 104(e)–(h) of the Act (42 funding agreements. (A) Appraise the nutritive content of U.S.C. 9604(e)–(h)), with respect to (6) Related to compliance with the U.S. food supply; information gathering and access environmental laws. With respect to (B) Develop and make available data requests and orders; compliance with facilities and activities under his or her on the nutrient composition of foods Federal health and safety standards and authority, to exercise the authority of needed by Federal, State, and local wage and labor standards applicable to the Secretary of Agriculture pursuant to agencies administering food and covered work; and emergency section 1–102 related to compliance nutrition programs, and the general procurement powers; with applicable pollution control public, to improve the nutritional (iii) Section 104(i)(11) of the Act (42 standards and section 1–601 of quality of diets; U.S.C. 9604(i)(11)), with respect to the Executive Order 12088, 3 CFR, 1978 (C) Coordinate nutrition education reduction of exposure to significant risk Comp., p. 243, to enter into an inter- research projects within the to human health; agency agreement with the United Department; and (iv) Section 104(j) of the Act (42 States Environmental Protection (D) Maintain data generated on food U.S.C. 9604(j)), with respect to the Agency, or an administrative consent composition in a National Nutrient Data acquisition of real property and interests order or a consent judgment in an Bank. in real property required to conduct a appropriate State, interstate, or local (iii) Conduct, in cooperation with the remedial action; agency, containing a plan and schedule Department of Health and Human (v) The first two sentences of section to achieve and maintain compliance Services, the National Nutrition 105(d) of the Act (42 U.S.C. 9605(d)), with applicable pollution control Monitoring and Related Research with respect to petitions for preliminary standards established pursuant to the Program. Included in this delegation is assessment of a release or threatened following: the authority to: release; (i) Solid Waste Disposal Act, as (A) Design and carry out periodic (vi) Section 105(f) of the Act (42 amended by the Resource Conservation nationwide food consumption surveys U.S.C. 9605(f)), with respect to and Recovery Act, as further amended to measure household food consideration of the availability of by the Hazardous and Solid Waste consumption; qualified minority firms in awarding Amendments, and the Federal Facility (B) Design and carry out a continuous, contracts, but excluding that portion of Compliance Act (42 U.S.C. 6901 et seq.); longitudinal individual intake survey of section 105(f) pertaining to the annual (ii) Federal Water Pollution the United States population and report to Congress; Prevention and Control Act, as amended special high-risk groups; and (vii) Section 109 of the Act (42 U.S.C. (33 U.S.C. 1251 et seq.); (C) Design and carry out 9609), with respect to the assessment of (iii) Safe Drinking Water Act, as methodological research studies to civil penalties for violations of section amended (42 U.S.C. 300f et seq.); develop improved procedures for 122 of the Act (42 U.S.C. 9622), and the (iv) Clean Air Act, as amended (42 collecting household and individual granting of awards to individuals U.S.C. 7401 et seq.); food intake consumption data; providing information; (v) Noise Control Act of 1972, as (iv) Conduct a program of nutrition (viii) Section 111(f) of the Act (42 amended (42 U.S.C. 4901 et seq.); education research. U.S.C. 9611(f)), with respect to the (vi) Toxic Substances Control Act, as (v) Co-chair with the Assistant designation of officials who may amended (15 U.S.C. 2601 et seq.); Secretary for Health, Department of obligate money in the Hazardous (vii) Federal Insecticide, Fungicide, Health and Human Services, the Substances Superfund; and Rodenticide Act, as amended (7 Interagency Board for Nutrition (ix) Section 113(k) of the Act (42 U.S.C. 136 et seq.); and Monitoring and Related Research for the U.S.C. 9613(k)), with respect to (viii) Comprehensive Environmental development and coordination of a Ten- establishing an administrative record Response, Compensation, and Liability Year Comprehensive Plan as required by upon which to base the selection of a Act of 1980, as amended by the Pub. L. No. 101–445, 7 U.S.C. 5301 et response action and identifying and Superfund Amendments and seq. notifying potentially responsible parties; Reauthorization Act of 1986 (42 U.S.C. (8) Related to economic research and (x) Section 116(a) of the Act (42 9601 et seq.). statistical reporting. (i) Conduct U.S.C. 9616(a)), with respect to (7) Related to national food and economic research on matters of preliminary assessment and site human nutrition research. (i) importance to cooperatives as inspection of facilities; Administer a National Food and Human authorized by the Agricultural (xi) Sections 117 (a) and (c) of the Act Nutrition Research Program under the Marketing Act of 1946 (7 U.S.C. 1621– (42 U.S.C. 9617 (a) and (c)), with respect National Agricultural Research, 1627). to public participation in the Extension, and Teaching Policy Act of (ii) Conduct economic and social preparation of any plan for remedial 1977, as amended. As used herein the science research and analyses relating action and explanation of variances term ‘‘research’’ includes: to: 56414 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations

(A) food and agriculture situation and Administrator of the Environmental (xiii) Enter into cost-reimbursable outlook; Protection Agency for presentation in agreements relating to agricultural (B) the production, marketing, and the public interest, before said research and statistical reporting (7 distribution of food and fiber products Administrator, other agencies, or before U.S.C. 3319a). (excluding forest and forest products), the courts. (9) Related to energy. (i) Advise the including studies of the performance of (viii) Review economic data and Secretary and other policy-level officials the food and agricultural sector of the analyses used in speeches by of the Department on energy policies economy in meeting needs and wants of Department personnel and in materials and programs, including legislative and consumers; prepared for release through the press, budget proposals. (C) basic and long-range, worldwide, radio, and television. (ii) Serve as or designate the economic analyses and research on (ix) Coordinate all economic analysis Department representative at hearings, supply, demand, and trade in food and and review all decisions involving conferences, meetings and other fiber products and the effects on the substantial economic policy contacts with respect to energy and U.S. food and agriculture system, implications. energy-related matters, including liaison including general economic analyses of (x) Cooperate and work with national with the Department of Energy and the international financial and monetary and international institutions and other other governmental agencies and aspects of agricultural affairs; persons throughout the world in the departments. (D) natural resources, including performance of agricultural research and (iii) Provide Department leadership studies of the use and management of extension activities to promote and in: land and water resources, the quality of support the development of a viable and (A) Analyzing and evaluating existing these resources, resource institutions, sustainable global and agricultural and proposed energy policies and and watershed and river basin system. Such work may be carried out strategies, including those regarding the development problems; and by: allocation of scarce resources; (E) rural people and communities, as (A) Exchanging research materials and (B) Developing energy policies and authorized by title II of the Agricultural results with the institutions or persons; strategies, including those regarding the Marketing Act of 1946, as amended (7 (B) Engaging in joint or coordinated allocation of scarce resources; U.S.C. 1621–1627), and the Act of June research; (C) Reviewing and evaluating 29, 1935, as amended (7 U.S.C. 427). (C) Entering into cooperative Departmental energy and energy-related (iii) Perform economic and other arrangements with Departments and programs and program progress; social science research under section Ministries of Agriculture in other (D) Developing agricultural and rural 104(b) (1) and (3) of the Agricultural nations to conduct research, extension; components of national energy policy Trade Development and Assistance Act and education activities (limited to plans; and of 1954, as amended, with funds arrangements either involving no (E) Preparing reports on energy and administered by the Foreign exchange of funds or involving energy-related policies and programs Agricultural Service (7 U.S.C. 1704). disbursements by the agency to the required under Acts of Congress and (iv) Prepare crop and livestock institutions of other nations), and then Executive orders, including those estimates and administer reporting reporting these arrangements to the involving testimony and reports on programs, including estimates of Secretary of Agriculture; legislative proposals. production, supply, price, and other (D) Stationing representatives at such (iv) Provide Departmental oversight aspects of the U.S. agricultural institutions or organizations in foreign and coordination with respect to economy, collection of statistics, countries; or resources available for energy and conduct of enumerative and objective (E) Entering into agreements with energy-related activities, including measurement surveys, construction and land-grant colleges and universities, funds transferred to USDA from other maintenance of sampling frames, and other organizations, institutions, or departments or agencies of the Federal related activities. Prepare reports of the individuals with comparable goals, and Government pursuant to interagency Agricultural Statistics Board of the with the concurrence of the Foreign agreements. Department of Agriculture covering Agricultural Service, USDA, (v) These delegations exclude the official state and national estimates (7 international organizations (limited to energy management actions related to U.S.C. 411a, 475, 476, 951, and 2204). agreements either involving no the internal operations of the (v) Take such security precautions as exchange of funds or involving Department as delegated to the Assistant are necessary to prevent disclosure of disbursements by the agency to the Secretary for Administration. crop or livestock report information cooperator), and then reporting these (10) Related to immigration. Serve as prior to the scheduled issuance time agreements to the Secretary of the designee of the Secretary pursuant approved in advance by the Secretary of Agriculture (7 U.S.C. 3291(a)). to section 212(e) of the Immigration and Agriculture and take such actions as are (xi) Prepare for transmittal by the Nationality Act, as amended, 8 U.S.C. necessary to avoid disclosure of Secretary to the President and both 1182(e) and 22 CFR 514.44(c)). confidential data or information Houses of Congress, an analytical report (b) The following authorities are supplied by any person, firm, under section 5 of the Agricultural reserved to the Secretary of Agriculture: partnership, corporation, or association Foreign Investment Disclosure Act of (1) Related to science and education. (18 U.S.C. 1902, 1903, and 2072). 1978 (7 U.S.C. 3504) concerning the (i) Withhold funds from States and (vi) Improve statistics in the effect on family farms and rural sending notification thereof to the Department; maintain liaison with OMB communities of holdings, acquisitions, President in accordance with sections 5 and other Federal agencies for and transfers of U.S. agricultural land by and 6 of the Smith-Lever Act, as coordination of statistical methods and foreign persons. amended (7 U.S.C. 345–346), sections 5 techniques. (xii) Enter into contracts, grants, or and 7 of the Hatch Act, as amended (7 (vii) Investigate and make findings as cooperative agreements to further U.S.C. 361 (e) and (g)), and sections to the effect upon the production of food research and statistical reporting 1436, 1444, 1445 and 1468 of the and upon the agricultural economy of programs in the food and agricultural National Agricultural Research, any proposed action pending before the sciences (7 U.S.C. 3318). Extension, and Teaching Policy Act of Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56415

1977, as amended (7 U.S.C. 3198, 3221, (iv) Administer transportation (S) Plant Variety Protection Act (7 3222 and 3314). activities under section 201 of the U.S.C. 2321–2331, 2351–2357, 2371– (ii) Reapportion funds under section 4 Agricultural Adjustment Act of 1938 (7 2372, 2401–2404, 2421–2427, 2441– and apportion funds under section 5 of U.S.C. 1291). 2443, 2461–2463, 2481–2486, 2501– the Act of October 10, 1962 (16 U.S.C. (v) Apply results of economic 2504, 2531–2532, 2541–2545, 2561– 582a–3, 582a–5). research and operations analysis to 2569, 2581–2583), except as delegated (iii) Appoint an advisory committee evaluate transportation issues and to to the Judicial Officer; under section 6 of the Act of October 10, recommend revisions of current (T) Subtitle B of title I and section 1962 (16 U.S.C. 582a–4). procedures. 301(4) of the Dairy and Tobacco (iv) Final concurrence in Equal (vi) Serve as the focal point for all Adjustment Act of 1983 (7 U.S.C. 4501– Employment Opportunity Programs Department transportation matters 4513, 4514(4)), except as delegated to within the cooperative extension including development of policies and the Under Secretary for Farm and programs submitted under part 18 of strategies. Foreign Agricultural Services in this title. (vii) Cooperate with other § 2.16(a)(3)(x); (v) Approve selection of State Departmental agencies in the (U) Potato Research and Promotion directors of extension. development and recommendation of Act (7 U.S.C. 2611–2627), except as (vi) Approve the memoranda of policies for inland transportation of delegated to the Under Secretary for understanding between the land-grant USDA and CCC-owned commodities in Farm and Foreign Agricultural Services universities and USDA related to connection with USDA programs. in § 2.16(a)(3)(x); cooperative extension programs. (viii) Exercise the functions of the (V) Section 708 of the National Wool (2) Related to economic research and Secretary of Agriculture contained in Act of 1954, as amended (7 U.S.C. statistical reporting. (i) Final approval the following legislation: 1787), except as delegated to the Under (A) U.S. Cotton Standards Act (7 and issuance of the monthly crop report Secretary for Farm and Foreign U.S.C. 51–65); (7 U.S.C. 411a). Agricultural Services in §§ 2.16(a)(1)(xi) (ii) Final action on rules and (B) Cotton futures provisions of the Internal Revenue Code of 1954 (26 and (a)(3)(x); regulations for the Agricultural (W) Egg Research and Consumer Statistics Board. U.S.C. 4854, 4862–4865, 4876, and 7263); Information Act (7 U.S.C. 2701–2718), § 2.22 Assistant Secretary for Marketing (C) Cotton Statistics and Estimates except as delegated to the Under and Regulatory Programs. Act, as amended (7 U.S.C. 471–476), Secretary for Farm and Foreign (a) The following delegations of except as otherwise assigned; Agricultural Services in § 2.16(a)(3)(x); authority are made by the Secretary of (D) Naval Stores Act (7 U.S.C. 91–99); (X) Beef Research and Information Agriculture to the Assistant Secretary (E) Tobacco Inspection Act (7 U.S.C. Act, as amended (7 U.S.C. 2901–2918), for Marketing and Regulatory Programs: 511–511q); except as delegated to the Under (1) Related to agricultural marketing. (F) Wool Standard Act (7 U.S.C. 415b- Secretary for Farm and Foreign (i) Exercise the functions of the 415d); Agricultural Services in Secretary of Agriculture contained in (G) Agricultural Marketing Agreement §§ 2.16(a)(1)(xiv) and (a)(3)(x); the Agricultural Marketing Act of 1946, Act of 1937, as amended (7 U.S.C. 601, (Y) Wheat and Wheat Foods Research as amended (7 U.S.C. 1621–1627), 602, 608a-608e, 610, 612, 614, 624, 671– and Nutrition Education Act (7 U.S.C. including payments to State 674); 3401–3417), except as delegated to the Departments of Agriculture in (H) Cotton Research and Promotion Under Secretary for Farm and Foreign connection with cooperative marketing Act (7 U.S.C. 2101–2118) and section Agricultural Services in service projects under section 204(b) (7 610 of the Agricultural Act of 1970 (7 § 2.16(a)(3)(x); U.S.C. 1623(b)), but excepting matters U.S.C. 2119), except as delegated to the (Z) Egg Products Inspection Act otherwise assigned. Under Secretary for Farm and Foreign relating to the Shell Egg Surveillance (ii) Conduct marketing efficiency Agricultural Services in § 2.16(a)(3)(x); Program, voluntary laboratory analyses research and development activities (I) Export Apple and Pear Act (7 of egg products, and the Voluntary Egg directly applicable to the conduct of the U.S.C. 581–590); Grading Program (21 U.S.C. 1031–1056); (J) Export Grape and Plum Act (7 Wholesale Market Development (AA) Section 32 of the Act of August U.S.C. 591–599); 24, 1935 (7 U.S.C. 612c), as Program, specifically: (K) Titles I, II, IV, and V of the Federal (A) Studies of facilities and methods supplemented by the Act of June 28, Seed Act, as amended (7 U.S.C. 1551– used in physical distribution of food 1937 (15 U.S.C. 713c), and related 1575, 1591–1611); legislation, except functions which are and other farm products; (L) Perishable Agricultural otherwise assigned relating to the (B) Studies designed to improve Commodities Act (7 U.S.C. 499a-499s); handling of all agricultural products as (M) Produce Agency Act (7 U.S.C. domestic distribution and donation of they are moved from farms to 491–497); agricultural commodities and products consumers; and (N) Tobacco Seed and Plant thereof following the procurement (C) application of presently available Exportation Act (7 U.S.C. 516–517); thereof; scientific knowledge to the solution of (O) Tobacco Statistics Act (7 U.S.C. (BB) Procurement of agricultural practical problems encountered in the 501–508); commodities and other foods under marketing of agricultural products (7 (P) Section 401(a) of the Organic Act section 6 of the National School Lunch U.S.C. 1621–1627). of 1944 (7 U.S.C. 415e); Act of 1946, as amended (42 U.S.C. (iii) Exercise the functions of the (Q) Agricultural Fair Practices Act (7 1755); Secretary of Agriculture relating to the U.S.C. 2301–2306); (CC) In carrying out the procurement transportation activities contained in (R) Wheat Research and Promotion functions in paragraphs (a)(1)(viii)(AA) section 203(j) of the Agricultural Act (7 U.S.C. 1292 note), except as and (BB) of this section, the Assistant Marketing Act of 1946 (7 U.S.C. 1622(j)) delegated to the Under Secretary for Secretary for Marketing and Regulatory as amended, but excepting matters Farm and Foreign Agricultural Services Programs shall, to the extent practicable, otherwise assigned. in § 2.16(a)(3)(x); use the commodity procurement, 56416 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations handling, payment and related services Administrator, Food Safety and (vi) The Plant Quarantine Act, as of the Farm Service Agency; Inspection Service, to provide amended (7 U.S.C. 151–164a, 167). (DD) Act of May 23, 1980, regarding inspection services; (vii) The Terminal Inspection Act, as inspection of dairy products for export (TT) Pesticide Recordkeeping amended (7 U.S.C. 166); (21 U.S.C. 693); (7 U.S.C. 136i–1) with the provision that (viii) The Honeybee Act, as amended (EE) The Pork Promotion, Research the Administrator, Agricultural (7 U.S.C. 281–286); and Consumer Information Act of 1985 Marketing Service, will enter into (ix) The Halogeton Glomeratus (7 U.S.C. 4801–4819), except as agreements, as necessary, with other Control Act (7 U.S.C. 1651–1656); delegated to the Under Secretary for Federal agencies; (x) Tariff Act of June 17, 1930, as Farm and Foreign Agricultural Services (UU) The International Carriage of amended, sec. 306 (19 U.S.C. 1306); in § 2.16(a)(3)(x); Perishable Foodstuffs Act (7 U.S.C. (xi) Act of August 30, 1890, as (FF) The Watermelon Research and 4401–4406); and amended (21 U.S.C. 102–105); Promotion Act (7 U.S.C. 4901–4916); (VV) The Sheep Promotion, Research, (xii) Act of May 29, 1884, as amended, (GG) The Honey Research, Promotion, and Information Act (7 U.S.C. 7101– Act of February 2, 1903, as amended, and Consumer Information Act (7 U.S.C. 7111). and Act of March 3, 1905, as amended, 4601–4612); (ix) Furnish, on request, copies of and supplemental legislation (21 U.S.C. (HH) Subtitles B and C of the Dairy programs, pamphlets, reports, or other 111–114a, 114a–1, 115–130); Production Stabilization Act of 1983, as publications for missions or programs as (xiii) Act of February 28, 1947, as amended (7 U.S.C. 4501–4513, 4531– may otherwise be delegated or assigned amended (21 U.S.C. 114b–114c, 114d– 4538); to the Assistant Secretary for Marketing 1); (II) The Floral Research and and Regulatory Programs, and charge (xiv) Act of June 16, 1948 (21 U.S.C. Consumer Information Act (7 U.S.C. user fees therefor, as authorized by 114e–114f); 4301–4319); section 1121 of the Agriculture and (xv) Act of September 6, 1961 (21 (JJ) Section 213 of the Tobacco Food Act of 1981, as amended by U.S.C. 114g–114h); (xvi) Act of July 2, 1962 (21 U.S.C. Adjustment Act of 1983, as amended (7 section 1769 of the Food Security Act of 134–134h); U.S.C. 511r); 1985, 7 U.S.C. 2242a. (KK) National Laboratory (xvii) Act of May 6, 1970 (21 U.S.C. (x) Collect, summarize, and publish Accreditation Program (7 U.S.C. 138– 135–135b); data on the production, distribution, 138i) with respect to laboratories (xviii) Sections 12–14 of the Federal and stocks of sugar. accredited for pesticide residue analysis Meat Inspection Act, as amended, and (2) Related to animal and plant health in fruits and vegetables and other so much of section 18 of such Act as inspection. Exercise the functions of the agricultural commodities, except those pertains to the issuance of certificates of Secretary of Agriculture under the laboratories analyzing only meat and condition of live animals intended and following authorities: poultry products; offered for export (21 U.S.C. 612–614, (LL) Pecan Promotion and Research (i) Administer the Foreign Service 618); Act of 1990 (7 U.S.C. 6001–6013), personnel system for employees of the (xix) Improvement of poultry, poultry except as delegated to the Under Animal and Plant Health Inspection products, and hatcheries (7 U.S.C. 429); Secretary for Farm and Foreign Service in accordance with 22 U.S.C. (xx) The responsibilities of the United Agricultural Services in § 2.16(a)(3)(x); 3922, except that this delegation does States under the International Plant (MM) Mushroom Promotion, not include the authority to represent Protection Convention; Research, and Consumer Information the Department of Agriculture in (xxi) (Laboratory) Animal Welfare Act of 1990 (7 U.S.C. 6101–6112), interagency consultations and Act, as amended (7 U.S.C. 2131–2159); except as delegated to the Under negotiations with other foreign affairs (xxii) Horse Protection Act (15 U.S.C. Secretary for Farm and Foreign agencies regarding joint regulations, nor 1821–1831); Agricultural Services in § 2.16(a)(3)(x); the authority to approve joint (xxiii) 28 Hour Law, as amended (49 (NN) Lime Research, Promotion, regulations issued by the Department of U.S.C. 80502); Research, and Consumer Information State relating to administration of the (xxiv) Export Animal Accommodation Act of 1990 (7 U.S.C. 6201–6212), Foreign Service; Act, as amended (46 U.S.C. 3901–3902); except as delegated to the Under (ii) Section 102, Organic Act of 1944, (xxv) Purebred Animal Duty Free Secretary for Farm and Foreign as amended, and the Act of April 6, Entry Provisions of Tariff Act of June 17, Agricultural Services in § 2.16(a)(3)(x); 1937, as amended (7 U.S.C. 147a, 148, 1930, as amended (19 U.S.C. 1202, part (OO) Soybean Promotion, Research, 148a–148e), relating to control and 1, Item 100.01); and Consumer Information Act (7 U.S.C. eradication of plant pests and diseases, (xxvi) Virus-Serum-Toxin Act (21 6301–6311), except as delegated to the including administering survey and U.S.C. 151–158); Under Secretary for Farm and Foreign regulatory activities for the Gypsy Moth (xxvii) Conduct diagnostic and related Agricultural Services in § 2.16(a)(3)(x); Program and, with the Chief of the activities necessary to prevent, detect, (PP) Fluid Milk Promotion Act of Forest Service, jointly administering control or eradicate foot-and-mouth 1990 (7 U.S.C. 6401–6417); gypsy moth eradication activities by disease and other foreign animal (QQ) Producer Research and assuming primary responsibility for diseases (21 U.S.C. 113a); Promotion Board Accountability (104 eradication of gypsy moth infestations (xxviii) The Agricultural Marketing Stat. 3927); of 640 acres or less on State and private Act of 1946, sections 203, 205, as (RR) Consistency with International lands that are not contiguous to infested amended (7 U.S.C. 1622, 1624), with Obligations of the United States Federal lands; respect to voluntary inspection and (7 U.S.C. 2278); (iii) The Mexican Border Act, as certification of animal products; (SS) Organic Foods Production Act of amended (7 U.S.C. 149); inspection, testing, treatment, and 1990 (7 U.S.C. 6501–6522), provided (iv) The Golden Nematode Act (7 certification of animals; and a program that the Administrator, Agricultural U.S.C. 150–150g); to investigate and develop solutions to Marketing Service, will enter into (v) The Federal Plant Pest Act, as the problems resulting from the use of agreements, as necessary, with the amended (7 U.S.C. 150aa–150jj); sulfonamides in swine; Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56417

(xxix) Talmadge Aiken Act (7 U.S.C. the Agricultural Marketing Act of 1946, substance, pollutant, or contaminant 450) with respect to cooperation with as amended (7 U.S.C. 1621–1627), into the environment; States in control and eradication of relating to inspection and (ii) Sections 104(e)–(h) of the Act (42 plant and animal diseases and pests; standardization activities relating to U.S.C. 9604(e)–(h)), with respect to (xxx) The Federal Noxious Weed Act grain. information gathering and access of 1974, as amended (7 U.S.C. 2801– (iii) Administer the Packers and requests and orders; compliance with 2814); Stockyards Act, as amended and Federal health and safety standards and (xxxi) The Endangered Species Act of supplemented (7 U.S.C. 181–229). wage and labor standards applicable to 1973 (16 U.S.C. 1531–1544); (iv) Enforce provisions of the covered work; and emergency (xxxii) Executive Order 11987, 3 CFR, Consumer Credit Protection Act (15 procurement powers; 1977 Comp., p. 116; U.S.C. 1601–1655, 1681–1681t) with (iii) Section 104(i)(11) of the Act (42 (xxxiii) Section 101(d), Organic Act of respect to any activities subject to the U.S.C. 9604(i)(11)), with respect to the 1944 (7 U.S.C. 430); Packers and Stockyards Act, 1921, as reduction of exposure to significant risk (xxxiv) The Swine Health Protection amended and supplemented. to human health; Act, as amended (7 U.S.C. 3801–3813); (v) Exercise the functions of the (iv) Section 104(j) of the Act (42 (xxxv) Lacey Act Amendments of Secretary of Agriculture contained in U.S.C. 9604(j)), with respect to the 1981, as amended (16 U.S.C. 3371– section 1324 of the Food Security Act of acquisition of real property and interests 3378); 1985 (7 U.S.C. 1631). in real property required to conduct a (xxxvi) Title III (and title IV to the (4) Related to committee remedial action; extent that it relates to activities under management. Establish and reestablish (v) The first two sentences of section title III,) of the Federal Seed Act, as regional, State, and local advisory 105(d) of the Act (42 U.S.C. 9605(d)), amended (7 U.S.C. 1581–1610); committees for activities under his or with respect to petitions for preliminary (xxxvii) Authority to prescribe the her authority. This authority may not be assessment of a release or threatened amounts of commuted traveltime redelegated. release; allowances and the circumstances under (5) Related to defense and emergency (vi) Section 105(f) of the Act (42 which such allowances may be paid to preparedness. Administer U.S.C. 9605(f)), with respect to employees covered by the Act of August responsibilities and functions assigned consideration of the availability of 28, 1950 (7 U.S.C. 2260); under the Defense Production Act of (xxxviii) The Act of March 2, 1931 (7 qualified minority firms in awarding 1950, as amended (50 U.S.C. App. 2061 contracts, but excluding that portion of U.S.C. 426–426b); et seq.), and title VI of the Robert T. (xxxix) The Act of December 22, 1987 section 105(f) pertaining to the annual Stafford Disaster Relief and Emergency report to Congress; (7 U.S.C. 426c); Assistance Act (42 U.S.C. 5195 et seq.), (xl) Authority to work with developed (vii) Section 109 of the Act (42 U.S.C. concerning protection of livestock, and transitional countries on 9609), with respect to the assessment of poultry and crops and products thereof agricultural and related research and civil penalties for violations of section extension, with respect to animal and from biological and chemical warfare; 122 of the Act (42 U.S.C. 9622), and the plant health, including providing and utilization or disposal of livestock granting of awards to individuals technical assistance, training, and and poultry exposed to radiation. providing information; (6) Related to biotechnology. advice to persons from such countries (viii) Section 111(f) of the Act (42 Coordinate the development and engaged in such activities and the U.S.C. 9611(f)), with respect to the carrying out by Department agencies of stationing of scientists of national and designation of officials who may all matters and functions pertaining to international institutions in such obligate money in the Hazardous the Department’s regulation of countries (7 U.S.C. 3291(a)(3)); Substances Superfund; (xli) Authority to prescribe and collect biotechnology, and act as liaison on all (ix) Section 113(k) of the Act (42 fees under the Act of August 31, 1951, matters and functions pertaining to the U.S.C. 9613(k)), with respect to as amended (31 U.S.C. 9701), and regulation of biotechnology between establishing an administrative record sections 2508 and 2509 of the Food, agencies within the Department and upon which to base the selection of a Agriculture, Conservation, and Trade between the Department and response action and identifying and Act of 1990 (21 U.S.C. 136, 136a), as governmental and private organizations. notifying potentially responsible parties; amended; Provided, that with respect to (x) Section 116(a) of the Act (42 (xlii) The provisions of 35 U.S.C. 156; biotechnology matters affecting egg U.S.C. 9616(a)), with respect to (xliii) Enter into cooperative research products, the Assistant Secretary shall preliminary assessment and site and development agreements with consult and coordinate activities of inspection of facilities; industry, universities, and others; Department agencies with the Under (xi) Sections 117(a) and (c) of the Act institute a cash award program to Secretary for Food Safety. (42 U.S.C. 9617(a) and (c)), with respect reward scientific, engineering, and (7) Related to environmental to public participation in the technical personnel; award royalties to response. With respect to land and preparation of any plan for remedial inventors; and retain and use royalty facilities under his or her authority, action and explanation of variances income (15 U.S.C. 3710a–3710c); and exercise the functions delegated to the from the final remedial action plan for (xliv) The Alien Species Prevention Secretary by Executive Order 12580, 3 any remedial action or enforcement and Enforcement Act of 1992 (39 U.S.C. CFR, 1987 Comp., p. 193, under the action, including any settlement or 3015 note). following provisions of the consent decree entered into; (3) Related to grain inspection, Comprehensive Environmental (xii) Section 119 of the Act (42 U.S.C. packers and stockyards. Response, Compensation, and Liability 9119), with respect to indemnifying (i) Exercise the authority of the Act of 1980 (‘‘the Act’’), as amended: response action contractors; Secretary of Agriculture contained in (i) Sections 104(a), (b), and (c)(4) of (xiii) Section 121 of the Act (42 U.S.C. the U.S. Grain Standards Act, as the Act (42 U.S.C. 9604(a), (b), and 9621), with respect to cleanup amended (7 U.S.C. 71–87h). (c)(4)), with respect to removal and standards; and (ii) Exercise the functions of the remedial actions in the event of release (xiv) Section 122 of the Act (42 U.S.C. Secretary of Agriculture contained in or threatened release of a hazardous 9622), with respect to settlements, but 56418 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations excluding section 122(b)(1) of the Act Dairy and Tobacco Adjustment Act of (G) National League of Cities; (42 U.S.C. 9622(b)(1)), related to mixed 1983 (7 U.S.C. 4504(b)). (H) International City Managers funding agreements. (iii) Appoint members of the National Association; (8) Related to compliance with Processor Advertising and Promotion (I) U.S. Conference of Mayors; and environmental laws. With respect to Board established by section (J) Such other State and Federal facilities and activities under his or her 1999H(b)(4) of the Fluid Milk Promotion agencies, departments and organizations authority, to exercise the authority of Act of 1990 (7 U.S.C. 6407(b)). as are necessary in carrying out the the Secretary of Agriculture pursuant to (2) Related to animal and plant health responsibilities of this office. section 1–102 related to compliance inspection. (i) Determination that an (ii) Maintain oversight of the activities with applicable pollution control emergency or extraordinary emergency of USDA representatives to the 10 standards and section 1–601 of exists because of the outbreak of any Federal Regional councils. Executive Order 12088, 3 CFR, 1978 dangerous, communicable disease of (iii) Serve as the USDA contact with Comp., p. 243, to enter into an inter- livestock or poultry anywhere in the the Advisory Commission on agency agreement with the United United States and that such outbreak Intergovernmental Relations for States Environmental Protection threatens the livestock or poultry of the implementation of OMB Circular A–85 Agency, or an administrative consent United States (21 U.S.C. 114a, 114c, to provide advance notification to state order or a consent judgment in an 134a(b)). and local governments of proposed appropriate State, interstate, or local (ii) Determination as to the measure changes in Department programs that agency, containing a plan and schedule and character of cooperation with affect such governments. to achieve and maintain compliance Canada, Mexico, Central American (iv) Act as the department with applicable pollution control countries, Panama, and Columbia representative for Federal executive standards established pursuant to the related to operations and measures to board matters. following: eradicate, suppress, or control or to (v) Administer the implementation of (i) Solid Waste Disposal Act, as prevent or retard any communicable the National Historic Preservation Act of amended by the Resource Conservation disease of animals, the designation of 1966, 16 U.S.C. 470 et seq., Executive and Recovery Act, as further amended members of advisory committees, and Order 11593, 3 CFR, 1971–1975 Comp., by the Hazardous and Solid Waste the appointment of commissioners on p. 559, and regulations of the Advisory Amendments, and the Federal Facility any joint commission with these Council on Historic Preservation, 36 Compliance Act (42 U.S.C. 6901 et seq.); governments set up under such CFR part 800, for the Department of (ii) Federal Water Pollution programs (21 U.S.C. 114b). Agriculture with authority to name the Prevention and Control Act, as amended (iii) Approval of requests for Secretary’s designee to the Advisory (33 U.S.C. 1251 et seq.); apportionment of reserves for the Council on Historic Preservation. (iii) Safe Drinking Water Act, as control of outbreaks of insects, plant (3) Related to Indian affairs. amended (42 U.S.C. 300f et seq.); diseases, and animal diseases to the Coordinate the Department’s programs (iv) Clean Air Act, as amended (42 extent necessary to meet emergency involving assistance to American U.S.C. 7401 et seq.); conditions (31 U.S.C. 665). Indians except civil rights activities. (v) Noise Control Act of 1972, as (iv) Determination that an (b) [Reserved] amended (42 U.S.C. 4901 et seq.); extraordinary emergency exists under (vi) Toxic Substances Control Act, as § 2.24 Assistant Secretary for the criteria in section 105(b)(1) of the Administration. amended (15 U.S.C. 2601 et seq.); Federal Plant Pest Act, as amended, (7 (a) The following delegations of (vii) Federal Insecticide, Fungicide, U.S.C. 150dd(b)(1)). and Rodenticide Act, as amended (7 authority are made by the Secretary of U.S.C. 136 et seq.); and § 2.23 Assistant Secretary for Agriculture to the Assistant Secretary (viii) Comprehensive Environmental Congressional Relations. for Administration: Response, Compensation, and Liability (a) The following delegations of (1) Related to administrative law Act of 1980, as amended by the authority are made by the Secretary of judges. (i) Assign, after appropriate Superfund Amendments and Agriculture to the Assistant Secretary consultation with other general officers, Reauthorization Act of 1986 (42 U.S.C. for Congressional Relations: to the Office of Administrative Law 9601 et seq.). (1) Related to congressional affairs. (i) Judges proceedings not subject to 5 (9) Related to the Capper-Volstead Exercise responsibility for coordination U.S.C. 556 and 557, involving the Act. Serve as a member of the Capper- of all congressional matters in the holdings of hearings and performance of Volstead Act Committee to identify Department. related duties pursuant to the applicable cases of undue price enhancement by (ii) Maintain liaison with the Congress rules of practice, when the Assistant associations of producers and issue and the White House on legislative Secretary for Administration determines complaints requiring such associations Matters of concern to the Department. that because of the nature of the to show cause why an order should not (2) Related to intergovernmental proceeding it would be desirable for the be made directing them to cease and affairs. (i) Coordinate all programs proceeding to be presided over by an desist from monopolization or restraint involving intergovernmental affairs Administrative Law Judge and that such of trade (7 U.S.C. 292). including State and local government duties and responsibilities would not be (b) The following authorities are relations and liaison with: inconsistent with those of an reserved to the Secretary of Agriculture: (A) National Association of State Administrative Law Judge. (1) Relating to agricultural marketing. Departments of Agriculture; (ii) Provide administrative (i) Promulgation, with the Secretary of (B) Office of Intergovernmental supervision of the Office of the Treasury of joint regulations under Relations (Office of Vice President); Administrative Law Judges. section 402(b) of the Federal Seed Act, (C) Advisory Commission on (iii) Maintain overall responsibility as amended (7 U.S.C. 1592(b)). Intergovernmental Relations; and control over the Hearing Clerk’s (ii) Appoint members of the National (D) Council of State Governments; activities which include the custody of Dairy Promotion and Research Board (E) National Governors Conference; and responsibility for the control, established by section 113(b) of the (F) National Association of Counties; maintenance, and servicing of the Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56419 original and permanent records of all processes with respect to administrative (F) Mail management; USDA administrative proceedings and financial activities of the (G) Motor vehicle fleet and other conducted under the provisions of 5 Department. vehicular transportation; U.S.C 556 and 557: (iii) Designate the Department’s Chief (H) Transportation of things (traffic (A) Receiving, filing and Management Improvement Officer. management); acknowledging the receipt of (iv) Improve Departmental (I) Prevention, control, and abatement complaints, petitions, answers, briefs, management by: Performing of pollution with respect to Federal arguments, and all other documents that management studies and reviews in facilities and activities under the control may be submitted to the Secretary or the response to agency requests for of the Department (Executive Order Department of Agriculture in such assistance; enhancing management 12088, 3 CFR, 1978 Comp., p. 243); proceedings; decisionmaking by developing and (J) Implementation of the Uniform (B) Receiving and filing complaints, applying analytic techniques to address Relocation Assistance and Real Property notices of inquiry, orders to show cause, particular administrative operational Policies Act of 1970 (42 U.S.C. 4601 et notices of hearing, designations of and management problems; searching seq.) and Administrative Law Judges or presiding for more economical or effective (K) Develop and implement energy officers, answers, briefs, arguments, approaches to the conduct of business; management actions related to the orders, and all other documents that developing and revising systems, internal operations of the Department. may be promulgated or issued by the processes, work methods and Maintain liaison with other government Secretary or other duly authorized techniques; and undertaking other agencies in these matters. (ii) Operate, or provide for the officials of the Department of efforts to improve the management operation of, centralized Departmental Agriculture in such proceedings; effectiveness and productivity of the services for printing, copy reproduction, (C) Supervising the service upon the Department. offset composition, supply, mail, parties concerned of any documents that (v) Administer the Department’s automated mailing lists, excess property are required to be served, and where Management Improvement Program pool, resource recovery, shipping and required, preserving proof of service; including the provision of assistance to receiving, forms, labor services, (D) Keeping a docket record of all agencies through management studies issuance of general employee such documents and proceedings; and planning review; review the identification cards, supplemental (E) Filing a stenographic record of management and operating policies and distribution of Department directives, each administrative hearing; processes; search for more economical space allocation and management, and (F) Preparing for certification and approaches to the conduct of business certifying under the Secretary’s related management support. and provide such other assistance as (iii) Exercise the following special facsimile signature, material on file in will aid in improving the management authorities: the Hearing Clerk’s office; effectiveness and operation of the (A) Designate the Department’s (G) Performing any other clerical Department’s programs. Debarring Officer to perform the duties with respect to the documents (vi) Administer the Department’s functions of 48 CFR part 9, subparts relative to such proceedings as may be Management Review Program. This 9.406 and 9.407; required to be performed; authority includes the development and (B) Conduct liaison with the Office of (H) Cooperating with the Office of promulgation of departmental directives the Federal Register (1 CFR part 16) Operations in the letting of contracts for regulating the management review including the making of required stenographic and reporting services; and function. certifications pursuant to 1 CFR part 18; forwarding vouchers to appropriate (vii) Develop, design, install, and (C) Maintain custody and permit agencies for payment; revise systems, processes, work appropriate use of the official seal of the (I) Receiving and compiling data, methods, and techniques, and undertake Department; views or comments filed in response to other system engineering efforts to (D) Establish policy for the use of the notices of proposed standards or rules improve the management and official flags of the Secretary and the or regulations; and operational effectiveness of the USDA. Department; (J) Performing upon request the (3) Related to operations. (i) (E) Coordinate collection of historical following services with respect to any Promulgate Departmental policies, material for Presidential Libraries; hearings in such proceedings: standards, techniques, and procedures, (F) Oversee the safeguarding of (1) Arranging for suitable hearing and represent the Department, in the unclassified materials designated ‘‘For place; and following: Official Use Only;’’ (2) Arranging for stenographic (A) Contracting for and the (G) Make determinations under 48 reporting of hearings and handling procurement of administrative and CFR 14.406–3 (a) through (d), relating to details in connection therewith. operating supplies, services, equipment mistakes in bids alleged after opening of (2) Related to management. (i) and construction; bids and before award; and Administer a productivity program in (B) Socioeconomic programs relating (H) Make information returns to the accordance with Executive Order 12089, to contracting, except matters otherwise Internal Revenue Service as prescribed 3 CFR, 1979 Comp., p. 246, and other assigned; by 26 U.S.C. 6050M and by 26 CFR policy and procedural directives and (C) Selection, standardization, and 1.6050M–1 and such other Treasury laws to: simplification of program delivery regulations, guidelines or procedures as (A) Assess and improve productivity processes utilizing contracts; may be issued by the Internal Revenue of the Department; and (D) Acquisition, leasing, utilization, Service in accordance with 26 U.S.C. (B) Assist agencies in developing, value analysis, construction, 6050M. This includes executing such implementing and maintaining maintenance, and disposition of real verifications or certifications as may be productivity measurement systems. and personal property, including required by 26 CFR 1.6050M–1, and (ii) Responsible for the Modernization control of space assignments; making the election by 26 CFR of Administrative Processes project to (E) Acquisition, storage, distribution 1.6050M–1(d)(5)(i). analyze and make recommendations to and disposition of forms, supplies and (iv) Exercise full Departmentwide the Secretary regarding improved equipment; contracting and procurement authority 56420 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations for automatic data processing and data (H) Determining areas of Department- (ii) Provide such services as listed in transmission equipment, software, unique standards and developing paragraph (a)(4)(i) of this section, as services, maintenance, and related unique Department-wide standards; may be agreed, for other officers and supplies. This includes the (I) Certifying to the Secretary that the agencies of the Department. promulgation of Department directives procurement system meets approved (5) Related to personnel. (i) Formulate regulating the management or related standards; and issue Department policy, standards, contracting and procurement functions. (J) Prescribing standards for agency rules, and regulations relating to (v) Provide staff assistance for the Procurement Executives and designating personnel. Secretary, general officers and other agency Procurement Executives when (ii) Provide personnel management Department and agency officials. these standards are met; procedural guidance and operational (vi) Represent the Department in (K) Redelegating, as appropriate, the instructions. contacts with the General Services authority in paragraph (a)(3)(viii)(A) of (iii) Design and establish personnel Administration, the Office of this section to USDA agency data systems. Management and Budget, and other Procurement Executives or other (iv) Inspect and evaluate personnel organizations or agencies on matters qualified agency officials with no power management operations and issue related to assigned responsibilities. of further redelegation; and instructions or take direct action to (vii) Serve as the Acquisition (L) Redelegating the authorities in insure conformity with appropriate Executive in USDA to integrate and paragraphs (a)(3)(viii) (B), (C), (D), (F) laws, Executive orders, Office of unify the management process for the and (G) of this section to USDA agency Personnel Management rules and Department’s major system acquisitions Procurement Executives or other regulations, and other appropriate rules and to monitor implementation of the qualified agency officials with the and regulations. policies and practices set forth in OMB power of further redelegation. (v) Exercise final authority in all (ix) Promulgate Departmental Circular A–109, Major Systems personnel matters, including individual policies, standards, techniques, and Acquisitions. This delegation includes cases, that involve the jurisdiction of procedures and represent the the authority to: more than one General Officer. Department in maintaining the security (A) Insure that OMB Circular A–109 (vi) Receive, review, and recommend of physical facilities, self-protection, is effectively implemented in the action on all requests for the Secretary’s and warden services. approval in personnel matters. Department and that the management (x) Review and approve exemptions objectives of the Circular are realized; (vii) Represent the Department in for Department of Agriculture contracts, personnel matters in all contacts outside (B) Review the program management subcontracts, grants, subgrants, of each major system acquisition; the Department. agreements, subagreements, loans and (viii) Exercise specific authorities in (C) Designate the program manager for subloans from the requirements of the each major system acquisition; and the following operational matters: Clean Air Act, as amended (42 U.S.C. (A) Authorize cash awards above (D) Designate any Departmental 7401 et seq.), the Federal Water $2,500; acquisition as a major system Pollution Control Act, as amended (33 (B) Waive repayment of training acquisition under OMB Circular A–109. U.S.C. 1251 et seq.), and Executive expenses where employee fails to fulfill (viii) Pursuant to Executive Order Order 11738, 3 CFR, 1971–1975 Comp., service agreement; 12352, 3 CFR, 1982 Comp., p. 137, and p. 799, when he or she determines that (C) Establish or change standards and sections 16, 20(b), and 21 of the Office the paramount interest of the United plans for awards to private citizens; and of Federal Procurement Policy Act, as States so requires as provided in the (D) Execute, change, extend, or renew: amended, 41 U.S.C. 414, 418(b) and 418, above acts and Executive Order and the (1) Labor-Management Agreements; designate a Senior Procurement regulations of the Environmental and Executive for the Department and Protection Act (40 CFR 15.5(c)). (2) Association of Management delegate responsibility for the following: (4) Related to management services. Officials or Supervisor’s Agreements. (A) Prescribing and publishing (i) Provide management support (E) Represent any part of the Departmental procurement policies, services for the Secretary of Agriculture Department in all contacts and regulations, and procedures; and for the general officers of the proceedings with the National Offices of (B) Taking any necessary actions Department, except the Inspector Labor Organizations; consistent with policies, regulations, General. As used herein, such (F) Change a position (with no and procedures with respect to management support services shall material change in duties) from GS to a purchases, contracts, leases, and other include: pay system other than a wage system, or transactions; (A) Personnel services, as listed in vice versa; (C) Designating contracting officers; paragraph (a)(5)(x) of this section, and (G) Grant restoration rights, and (D) Establishing clear lines of organizational support services, with release employees with administrative contracting authority; authority to take actions required by law reemployment rights; (E) Evaluating and monitoring the or regulation to perform such services; (H) Change working hours for groups performance of the Department’s (B) Procurement, property of 50 or more employees in the procurement system; management, space management, Washington, DC, metropolitan area; (F) Managing and enhancing career communications (telephone), (I) Authorize any mass dismissals of development of the procurement work messenger, and related services with employees in the Washington, DC, force; authority to take actions required by law metropolitan area; (G) Participating in the development or regulation to perform such services; (J) Approve ‘‘normal line of of Government-wide procurement and promotion’’ cases in the excepted policies, regulations, and standards and (C) Automation, forms management, service where not in accordance with determining specific areas where files management, and directives time-in-grade criteria; Government-wide performance management with authority to take (K) Make final decisions on adverse standards should be established and actions required by law or regulation to action and performance rating appeals applied; perform such services. in all cases where the Deciding Official: Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56421

(1) Was involved directly in the (F) Hours of duty; regional staff support for the Safety and adverse action, or performance rating (G) Performance evaluation and Health Programs. appeal; or standards; (xix) Administer the computerized (2) Made the informal decision; or (H) Promotions; management information systems for (3) Determines that the Examiner’s (I) Employee development; the collection, processing and findings or Committee’s (J) Incentive Programs; dissemination of data related to the recommendations is unacceptable. (K) Leave; Department’s Occupational Safety and (L) Make the final decision on all (L) Retirement; Health Programs. classification appeals from agency (M) Program evaluation; (xx) Administer the administrative appellate decisions; (N) Social security; appeals process related to the inclusion (M) Authorize all employment actions (O) Life insurance; of positions in the Testing Designated (P) Health benefits; (except nondisciplinary separations and Position listing in the USDA Drug-Free (Q) Unemployment compensation; LWOP) and classification actions for (R) Labor management relations; Workplace Program and designate the senior level and equivalent positions (S) Intramanagement consultation; final appeal officer for that Program. including Senior Executive Service (T) Security; (xxi) Administer the Department’s positions and special authority (U) Discipline; and Occupational Health and Preventive professional and scientific positions (V) Appeals. Medical Program, as well as design and responsible for carrying out research (xi) The provisions of paragraphs operate employee assistance and and development functions; (a)(5)(x)(N) through (R) of this section workers’ compensation activities. (N) Authorize all employment actions shall not apply for positions in, or (xxii) Provide education and training (except LWOP) for the following applicants for positions in, the Office of on a Departmentwide basis for safety positions: Inspector General. and health related issues and develop (1) Schedule C; and (xii) Maintain, review and update resource and operational manuals. (2) Administrative law judge. departmental delegations of authority. (xxiii) Approve hazard pay (O) Authorize employment actions (xiii) Authorize organizational differentials under the conditions (accessions or extensions) for the changes which occur in: specified in 5 CFR part 550. following: (A) Departmental organizations: (6) Related to information resources (1) Employees whose records are (1) Service or office; management. (i) Designated as the flagged; and (2) Division (or comparable senior official to carry out the (2) Contract services. component); and responsibilities of the Department under (P) Authorize employment actions (3) Branch (or comparable component the Paperwork Reduction Act of 1980 (accessions or extensions and transfers) in departmental centers, only). (44 U.S.C. 3501–3520). This designation for the following: (B) Field organizations: includes the following responsibilities: (1) Persons with criminal or immoral (1) First organizational level; and (A) Ensuring that the information records; (2) Next lower organizational level— policies, principles, standards, (2) Persons separated for misconduct, required only for those types of field guidelines, rules and regulations delinquency, or resignation, to avoid installations where the establishment, prescribed by the Office of Management such action; and change in location, or abolition of same, and Budget are appropriately (3) Veterans with dishonorable or requires approval in accordance with implemented within the Department; other than dishonorable discharge. Departmental Regulation 1010–1 (see (B) Developing Department (Q) Authorize adverse actions for § 2.92(a)(15)(ii)(B)). information policies and procedures positions in GS–14–15 and equivalent; (xiv) Formulate and promulgate and overseeing, auditing and otherwise (R) Approve assignments of White departmental organizational objectives periodically reviewing the Department’s House details; and policies. information resources management (S) Authorize adverse actions based in (xv) Approve coverage of individual activities; whole or in part on an allegation of law enforcement and firefighter (C) Reviewing proposed Department violation of 5 U.S.C. chapter 73, positions under the special retirement reporting and recordkeeping subchapter III, for employees in the provisions of the Civil Service requirements including those contained excepted service; Retirement System and the Federal in rules and regulations, to ensure that (T) Authorize long-term training in Employees Retirement System. they impose the minimum burden upon programs which require Department- (xvi) Establish Departmentwide safety the public and have practical utility for wide competition; and health policy and provide the Department; (U) Issue all Coordinated Federal leadership in the development, (D) Developing and implementing Wage System (CFWS) Department-wide coordination, and implementation of procedures for assessing the burden to Wage Schedules, and Lithographic related standards, techniques, and the public and costs to the Department Wage Schedules in the Washington, DC procedures, and represent the of information requirements contained metropolitan area; and Department in complying with laws, in proposed legislation affecting (V) Initiate and take adverse action in Executive orders and other policy and Department programs; cases involving a violation of the merit procedural issuances related to (E) Conducting and being accountable system. occupational safety and health within for acquisitions made by the Department (ix) [Reserved] the Department. pursuant to authority delegated under (x) As used herein, the term personnel (xvii) Represent the Department in all section 111 of the Federal Property and includes: rulemaking, advisory or legislative Administrative Services Act of 1949, as (A) Position management; capacities on any groups, committees, or amended (40 U.S.C. 759); (B) Position classification; Governmentwide activities that affect (F) Assisting the Office of (C) Employment; the USDA Occupational Safety and Management and Budget in the (D) Pay administration; Health Management Program. performance of its functions assigned (E) Automation of personnel data and (xviii) Determine and/or provide under the Paperwork Reduction Act of systems design; Departmentwide technical services and 1980 (44 U.S.C. 3501–3520), including 56422 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations the review of Department information Department on telecommunications Secretariat’s concurrence in the renewal activities; and matters. of the committees; (G) Reviewing, granting, and notifying (x) Implement a program for applying (D) Assign responsibility for Congress of waivers to Federal information resources management preparation of timely notice of meetings Information Processing Standards technology to improve productivity in for publication in the Federal Register; pursuant to the authority delegated the Department. and under section 111(d)(3) of the Federal (xi) Provide leadership to integrate (E) Approve charters for national Property and Administrative Services and unify the management process for advisory committees when in a format Act of 1949, as amended (40 U.S.C. the Department’s major information other than a Secretary’s Memorandum. 759(d)(3)). resource management system (ii) Establish and reestablish regional, (ii) Develop and implement an acquisitions and to monitor State, and local advisory committees for information resources management implementation of the policies and activities authorized. This authority planning system which will integrate practices set forth in applicable OMB may not be redelegated. short-term and long-term objectives and Circulars. (8) Related to equal opportunity. (i) coordinate agency and staff office (xii) Provide Departmental services Provide overall leadership, initiatives in support of the objectives. related to Departmental administrative coordination, and direction for the (iii) Provide Departmentwide regulations, Secretarial issuances, and Department’s programs of civil rights, guidance and direction in planning, related management support. including program delivery compliance developing, documenting, and (xiii) Plan, develop, install, and and equal employment opportunity, managing applications software projects operate computer-based systems for with emphasis on the following: in accordance with Federal and message exchange, scheduling, (A) Actions to enforce title VI of the Department information processing computer conferencing, and other Civil Rights Act of 1964, 42 U.S.C. standards, procedures, and guidelines. applications of office automation 2000d, prohibiting discrimination in (iv) Provide Departmentwide technology which can be commonly Federally assisted programs; guidance and direction in all aspects of used by multiple Department agencies (B) Actions to enforce title VII of the the USDA Information Management and offices. Civil Rights Act of 1964, as amended, 42 Program including feasibility studies; U.S.C. 2000e, prohibiting discrimination (xiv) Represent the Department in economic analyses; systems design; in Federal employment; contacts with the General Accounting acquisition of equipment, software, (C) Actions to enforce title IX of the Office, the General Services services, and timesharing arrangements; Education Amendments of 1972, 20 Administration, the Office of systems installation; systems U.S.C. 1681 et seq., prohibiting Management and Budget, the National performance and capacity evaluation; discrimination on the basis of sex in Bureau of Standards, and other and security. Monitor these activities for USDA education programs and organizations or agencies on matters agencies’ major systems development activities funded by the Department; related to delegated responsibilities. efforts to assure effective and economic (D) Actions to enforce section 504 of (xv) Review, clear, and coordinate all use of resources and compatibility the Rehabilitation Act of 1973, as statistical forms, survey plans, and among systems of various agencies amended, 29 U.S.C. 794, prohibiting reporting and record keeping when required. discrimination on the basis of handicap (v) Manage the Departmental requirements originating in the in USDA programs and activities funded Computer Centers, including setting of Department and requiring approval by by the Department; rates to recover the cost of goods and the Office of Management and Budget (E) Actions to enforce the Age services within approved policy and under the Paperwork Reduction Act of Discrimination Act of 1975, 42 U.S.C. funding levels. 1980 (44 U.S.C. 3501–3520). 6102, prohibiting discrimination on the (vi) Review and evaluate information (7) Related to committee basis of age in USDA programs and resource management activities related management. (i) Serve as the activities funded by the Department; to delegated functions to assure that Department’s Committee Management (F) Actions to enforce related they conform to all applicable Federal Officer and establish and maintain Executive orders, Congressional and Department information resource departmentwide policies and mandates, and other laws, rules, and management policies, plans, standards, procedures for the management of regulations, as appropriate; procedures, and guidelines. committees. This delegation includes (G) Actions to develop and implement (vii) Design, develop, implement, and the authority to: the Department’s Federal Women’s revise systems, processes, work (A) Consult with the Committee Program; and methods, and techniques to improve the Management Secretariat prior to the (H) Actions to develop and implement management and operational establishment or reestablishment of the Department’s Hispanic Employment effectiveness of information resources. advisory committees; Program. (viii) Administer the Departmental (B) Approve and sign the written (ii) Evaluate Departmental agency records, forms, reports, and Directives certification that creation of the programs, activities, and impact Management Programs. advisory committee is in the public statements for civil rights concerns. (ix) Manage all aspects of the USDA interest and provide for the publication (iii) Provide leadership and Telecommunications Program including of such certification in the Federal coordinate USDA agency and planning, development, acquisition, and Register, along with a description of the Department systems for targeting, use of equipment and systems for voice nature and purpose of the advisory collecting, analyzing, and evaluating and data communications, excluding committee, following the Committee program participation data and equal the actual procurement of data Management Secretariat’s approval of employment opportunity data. transmission equipment, software, the establishment of the committee; (iv) Provide leadership and coordinate maintenance, and related supplies. (C) Approve and sign the notice of Departmentwide programs of public Manage Departmental renewal of advisory committees for notification regarding the availability of telecommunications contracts. Provide publication in the Federal Register, USDA programs on a nondiscriminatory technical advice throughout the following the Committee Management basis. Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56423

(v) Serve as the focal point through (xiv) Develop regulations, plans, and institutions by facilitating institutional which all contacts with the Department procedures necessary to carry out the participation in USDA programs and of Justice are made involving matters Department’s civil rights programs, activities and by encouraging minority relating to title VI of the Civil Rights Act including the development, students to pursue curricula that could of 1964 (42 U.S.C. 2000d), title IX of the implementation, and coordination of lead to careers in the food and Education Amendments of 1972 (20 Action Plans. agricultural sciences. U.S.C. 1681 et seq.), and section 504 of (xv) Provide liaison on Equal (xxiv) Investigate USDA EEO the Rehabilitation Act of 1973, as Employment Opportunity Programs and complaints with authority to enter into amended (29 U.S.C. 794), except those activities with the Equal Employment and administer contracts for such matters in litigation, including Opportunity Commission, the Office of investigations. administrative enforcement actions, Personnel Management, USDA agencies, (xxv) Make final decisions on which shall be coordinated by the Office Department employees, and applicants complaints and grievance appeals, of the General Counsel. for positions within the Department. except in those cases where the (vi) Serve as the focal point through (xvi) Monitor, evaluate, and report on Assistant Secretary for Administration which all contacts with the Department agency compliance with established has participated, when it is determined of Health and Human Services are made policy and executive orders which that such complaint or grievance involving matters relating to the Age further the participation of historically appeals are not being decided in a Discrimination Act of 1975, 42 U.S.C. black colleges and universities and with timely manner. 6102, except those matters in litigation, other colleges and universities with (xxvi) Make final decisions on formal including administrative enforcement substantial minority group enrollment grievance appeals in all cases where the action, which shall be coordinated by in Departmental programs and Deciding Official: the Office of the General Counsel. activities. (A) Was involved directly in the (vii) Order proceedings and hearings (xvii) Is designated as the grievance; or in the USDA pursuant to §§ 15.9(e) and Department’s Director of Equal (B) Made the informal decision; or (C) Determines that the Examiner’s 15.86 of this title which concern Employment Opportunity with findings or Committee’s consolidated or joint hearings within authority to perform the functions and recommendations is unacceptable. the Department and/or with other responsibilities of that position under 29 CFR part 1613, including the (xxvii) The provisions of paragraphs Federal departments and agencies. (a)(8)(xxv) and (xxvi) of this section (viii) Order proceedings and hearings authority to make changes in programs and procedures designed to eliminate shall not apply for positions in, or in the USDA pursuant to § 15.8(c) of this applicants for positions in, the Office of title after the program agency has discriminatory practices and improve the Department’s program for Equal Inspector General. advised the applicant or recipient of his (9) Related to defense. Provide or her failure to comply and has Employment Opportunity, and the authority to make decisions on internal administrative management and determined that compliance cannot be support services for the defense program secured by voluntary means. complaints of discrimination and order such corrective measures as may be of the Department. (ix) Issue orders to give a notice of (10) Related to board of contract hearing or the opportunity to request a considered necessary, including the recommendation for such disciplinary appeals. Provide administrative hearing pursuant to part 15 of this title; supervision, and exercise general arrange for the designation of an action as is warranted when an employee has been found to have responsibility for budget and finance Administrative Law Judge to preside aspects of the Board of Contract over any such hearing; and determine engaged in a discriminatory practice. (xviii) Administer the Department’s Appeals. No review by the Assistant whether the Administrative Law Judge Equal Employment Opportunity Secretary for Administration of the so designated will make an initial Program. merits of appeals or of decisions of the decision or certify the record to the (xix) Perform the EEO counseling Board is authorized and the Board shall Secretary of Agriculture with his or her function for the Department. be the representative of the Secretary in recommended findings and proposed (xx) Process formal EEO such matters. action. discrimination complaints, up to the (11) Related to environmental (x) Authorize the taking of action appellate stage, by employees or response. With respect to land and pursuant to § 15.8(a) of this title relating applicants for employment. facilities under his or her authority, to compliance by ‘‘other means (xxi) Administer the discrimination exercise the functions delegated to the authorized by law.’’ appeals and complaints program for the Secretary by Executive Order 12580, 3 (xi) Make determinations required by Department, including all formal CFR, 1987 Comp., p. 193, under the § 15.8(d) of this title that compliance individual or group appeals, where the following provisions of the cannot be secured by voluntary means, system provides for an avenue of redress Comprehensive Environmental and then take action, as appropriate. to the Department level, Equal Response, Compensation, and Liability (xii) Make determinations that Employment Opportunity Commission, Act of 1980 (‘‘the Act’’), as amended: program complaint investigations Office of Personnel Management or (i) Sections 104(a), (b), and (c)(4) of performed under § 15.6 of this title other outside authority. the Act (42 U.S.C. 9604(a), (b), and establish a proper basis for findings of (xxii) Provide liaison on EEO matters (c)(4)), with respect to removal and discrimination, and that actions taken to concerning complaints and appeals with remedial actions in the event of release correct such findings are adequate; and the USDA agencies and Department or threatened release of a hazardous perform investigations and make final employees. substance, pollutant, or contaminant determinations, on both the merits and (xxiii) Maintain liaison with into the environment; required corrective action, as to historically black colleges and (ii) Sections 104(e)–(h) of the Act (42 complaints filed under subpart B of part universities and with other colleges and U.S.C. 9604(e)–(h)), with respect to 15 of this title. universities with substantial minority information gathering and access (xiii) Conduct investigations and group enrollment, and assist USDA requests and orders; compliance with compliance reviews Departmentwide. agencies in strengthening such Federal health and safety standards and 56424 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations wage and labor standards applicable to the Secretary of Agriculture pursuant to (E) Representing the Department in covered work; and emergency section 1–102 related to compliance matters relating to international defense procurement powers; with applicable pollution control organizations, such as NATO and its (iii) Section 104(i)(11) of the Act (42 standards and section 1–601 of suborganizations. U.S.C. 9604(i)(11)), with respect to the Executive Order 12088, 3 CFR, 1978 (iv) Coordinate and facilitate USDA reduction of exposure to significant risk Comp., p. 243, to enter into an inter- operations of Natural Disaster Programs, to human health; agency agreement with the United including liaison with executive (iv) Section 104(j) of the Act (42 States Environmental Protection departments and the Congress in U.S.C. 9604(j)), with respect to the Agency, or an administrative consent disaster matters. acquisition of real property and interests order or a consent judgment in an (v) Maintain liaison with: in real property required to conduct a appropriate State, interstate, or local (A) Federal Preparedness Agency; and remedial action; agency, containing a plan and schedule (B) Defense Civil Preparedness (v) The first two sentences of section to achieve and maintain compliance Agency. 105(d) of the Act (42 U.S.C. 9605(d)), with applicable pollution control (b) The following authorities are with respect to petitions for preliminary standards established pursuant to the reserved to the Secretary of Agriculture: assessment of a release or threatened following: (1) Related to personnel. Make final release; (i) Solid Waste Disposal Act, as determinations in the following areas: (vi) Section 105(f) of the Act (42 amended by the Resource Conservation (i) Separation of employees for U.S.C. 9605(f)), with respect to and Recovery Act, as further amended security reasons. consideration of the availability of by the Hazardous and Solid Waste (ii) Restoration to duty of employees qualified minority firms in awarding Amendments, and the Federal Facility following suspension from duty for contracts, but excluding that portion of Compliance Act (42 U.S.C. 6901 et seq.); security reasons. section 105(f) pertaining to the annual (ii) Federal Water Pollution (iii) Reinstatement or restoration to report to Congress; Prevention and Control Act, as amended duty or the employment of any person (vii) Section 109 of the Act (42 U.S.C. (33 U.S.C. 1251 et seq.); separated for security reasons. 9609), with respect to the assessment of (iii) Safe Drinking Water Act, as (iv) Issuance of temporary certificates civil penalties for violations of section amended (42 U.S.C. 300f et seq.); to occupy sensitive positions. 122 of the Act (42 U.S.C. 9622), and the (iv) Clean Air Act, as amended (42 (2) [Reserved] granting of awards to individuals U.S.C. 7401 et seq.); providing information; (v) Noise Control Act of 1972, as Subpart DÐDelegations of Authority to (viii) Section 111(f) of the Act (42 amended (42 U.S.C. 4901 et seq.); Other General Officers and Agency U.S.C. 9611(f)), with respect to the (vi) Toxic Substances Control Act, as Heads designation of officials who may amended (15 U.S.C. 2601 et seq.); obligate money in the Hazardous (vii) Federal Insecticide, Fungicide, § 2.26 Director, Office of the Executive Substances Superfund; and Rodenticide Act, as amended (7 Secretariat. (ix) Section 113(k) of the Act (42 U.S.C. 136 et seq.); and The following delegation of authority U.S.C. 9613(k)), with respect to (viii) Comprehensive Environmental is made by the Secretary of Agriculture establishing an administrative record Response, Compensation, and Liability to the Director, Office of the Executive upon which to base the selection of a Act of 1980, as amended by the Secretariat: Responsible for all response action and identifying and Superfund Amendments and correspondence control and related notifying potentially responsible parties; Reauthorization Act of 1986 (42 U.S.C. records management functions for the (x) Section 116(a) of the Act (42 9601 et seq.). Office of the Secretary. U.S.C. 9616(a)), with respect to (13) Related to emergency programs. preliminary assessment and site (i) Coordinate the Departments § 2.27 Office of Administrative Law Judges. inspection of facilities; Emergency Preparedness Program and (xi) Sections 117(a) and (c) of the Act Disaster Emergency Response Program (a) The following designations are (42 U.S.C. 9617(a) and (c)), with respect including maintenance of an made by the Secretary of Agriculture to to public participation in the appropriate system whereby the the Office of Administrative Law Judges: preparation of any plan for remedial Department can react immediately when (1) Administrative law judges action and explanation of variances notified of a civil defense or natural (formerly hearing examiners) are from the final remedial action plan for disaster emergency. designated pursuant to 5 U.S.C. any remedial action or enforcement (ii) Maintain an overview of 556(b)(3) to hold hearings and perform action, including any settlement or emergency relocation facilities and related duties in proceedings subject to consent decree entered into; assure that resources are in a constant 5 U.S.C. 556 and 557, arising under the (xii) Section 119 of the Act (42 U.S.C. state of readiness. Agricultural Marketing Agreement Act 9119), with respect to indemnifying (iii) Direct the entire defense program of 1937, as amended (7 U.S.C. 601 et response action contractors; of USDA. This delegation includes: seq.); the Commodity Exchange Act as (xiii) Section 121 of the Act (42 U.S.C. (A) Maintaining liaison with amended (7 U.S.C. 1 et seq.); the 9621), with respect to cleanup executive departments and the Congress Perishable Agricultural Commodities standards; and with respect to policy matters; Act, as amended (7 U.S.C. 499a et seq.); (xiv) Section 122 of the Act (42 U.S.C. (B) Supervising and directing USDA the Federal Seed Act, as amended (7 9622), with respect to settlements, but regional emergency stalls and USDA U.S.C. 1551 et seq.); the (Laboratory) excluding section 122(b)(1) of the Act State and county emergency boards; Animal Welfare Act, as amended (7 (42 U.S.C. 9622(b)(1)), related to mixed (C) Directing the USDA part of the U.S.C. 2131 et seq.); the Packers and funding agreements. National Defense Executive Reserve Stockyards Act, 1921, as amended and (12) Related to compliance with Program; supplemented (7 U.S.C. 181 et seq.); the environmental laws. With respect to (D) Providing policy guidance to Forest Resources Conservation and facilities and activities under his or her USDA agencies in carrying out specific Shortage Relief of 1990 (16 U.S.C. 630 authority, to exercise the authority of defense assignments; and et seq.); and any other acts providing for Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56425 hearings to which the provisions of 5 (i) Complies with applicable Secretary and the Director of the Office U.S.C. 556 and 557, are applicable. accounting principles, standards, and of Management and Budget, which shall Pursuant to the applicable rules of requirements, and internal control include: practice, the administrative law judges standards; (i) A description and analysis of the shall make initial decisions in (ii) Complies with such policies and status of financial management of the adjudication and rate proceedings requirements as may be prescribed by Department; subject to 5 U.S.C. 556 and 557. Such the Director of the Office of (ii) The annual financial statements decisions shall become final without Management and Budget; prepared under 31 U.S.C. 3521; further proceedings unless there is an (iii) Complies with any other (iii) The audit report transmitted to appeal to the Secretary by a party to the requirements applicable to such the Secretary under 31 U.S.C. 3521; proceeding in accordance with the systems; and (iv) A summary of the reports on applicable rules of practice: Provided, (iv) Provides for complete, reliable, internal accounting and administrative however, that no decision shall be final consistent, and timely information control systems submitted to the for purposes of judicial review except a which is prepared on a uniform basis President and the Congress under the final decision of the Secretary upon and which is responsive to the financial amendments made by the Federal appeal. As used herein, ‘‘Secretary’’ information needs of Department Managers’ Financial Integrity Act of means the Secretary of Agriculture, the management and for the development 1982 (31 U.S.C. 1113, 3512); and Judicial Officer, or other officer or and reporting of cost information, the (v) Other information the Secretary employee of the Department delegated, integration of accounting and budgeting considers appropriate to inform fully pursuant to the Act of April 4, 1940 (7 information, and the systematic the President and the Congress U.S.C. 450c–450g), and Reorganization measurement of performance. concerning the financial management of Plan No. 2 of 1953 (5 U.S.C. App.), (4) Making recommendations to the the Department. (7) Monitoring the financial execution ‘‘regulatory functions’’ as that term is Secretary regarding the selection of the of the budget of the Department in defined in the 1940 Act, in acting as Deputy Chief Financial Officer of the relation to projected and actual final deciding officer in adjudication Department, and selection of principal expenditures, and preparing and and rate proceedings subject to 5 U.S.C. financial officers of component agencies submitting to the Secretary timely 556 and 557. Administrative Law Judges of the Department. performance reports. are delegated authority to hold hearings (5) Directing, managing, and providing policy guidance and oversight (8) Reviewing, on a biennial basis, the and perform related duties as provided fees, royalties, rent, and other charges in the Rules of Practice Governing Cease of Department financial management personnel, activities, and operations, imposed by the Department for services and Desist Proceedings Under Section 2 and things of value it produces, and of the Capper-Volstead Act, set forth in including: (i) Preparing and annually revising a making recommendations on revising part 1, subpart I of this title. those charges to reflect costs incurred by (2) [Reserved] Departmental plan to: (A) Implement the 5-year financial the Department in providing those (b) The Chief Administrative Law management plan prepared by the services and things of value. Judge is delegated the following Director of the Office of Management (9) Accessing all records, reports, administrative responsibilities subject to and Budget under 31 U.S.C. 3512(a)(3); audits, reviews, documents, papers, the guidance and control of the and recommendations, or other material that Assistant Secretary for Administration (B) Comply with the requirements are the property of the Department or (See § 2.24(a)): established for agency financial that are available to the Department, and (1) Exercise general responsibility and statements under 31 U.S.C. 3515 and that relate to programs and operations authority for all matters related to the with the requirements for audits of with respect to which the Chief administrative activities of the Office of Department financial statements Financial Officer has responsibilities, Administrative Law Judges; and established in 31 U.S.C. 3521(e) and (f). except that this grant allows no access (2) Direct the functions of the Hearing (ii) Developing Departmental financial greater than that permitted under any Clerk as set out in § 2.24(a)(1)(iii). management budgets, including the other law to records, reports, audits, § 2.28 Chief Financial Officer. oversight and recommendation of reviews, documents, papers, approval of component agency financial recommendations, or other material of (a) The Chief Financial Officer, under management budgets; the Office of Inspector General. the supervision of the Secretary, is (iii) Recruiting, selecting, and training (10) Requesting such information or responsible for executing the duties of personnel to carry out Departmental assistance as may be necessary for enumerated for agency Chief Financial financial management functions; carrying out the duties and Officers in the Chief Financial Officers (iv) Approving and managing responsibilities granted the Chief Act of 1990, Public Law No. 101–576, Departmental, and approving Financial Officer by the Chief Financial 31 U.S.C. 902, including: component agency, financial Officers Act of 1990 (Pub. L. No. 101– (1) Reporting directly to the Secretary management systems design or 576), from any Federal, State, or local of Agriculture regarding financial enhancement projects; and governmental entity. management matters and the financial (v) Implementing and approving (11) To the extent and in such execution of the budget. Departmental, and approving amounts as may be provided in advance (2) Overseeing all financial component agency, asset management by appropriations acts, entering into management activities relating to the systems, including systems for cash contracts and other arrangements with programs and operations of the management, credit management, debt public agencies and with private Department and component agencies. collection, and property and inventory persons for the preparation of financial (3) Developing and maintaining an management and control. statements, studies, analyses, and other integrated accounting and financial (6) Preparing and transmitting, by not services, and making such payments as system for the Department and later than 60 days after the submission may be necessary to carry out the duties component agencies, including financial of the audit report required by 31 U.S.C. and prerogatives of the Chief Financial reporting and internal controls, which— 3521(f), an annual report to the Officer. 56426 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations

(b) In addition to the above supporting the Central Accounting 853a) as it relates to grants, loans, and responsibilities, the following System which includes working with licenses. delegations of authority are made by the USDA agencies to obtain General (8) Establish Department and approve Secretary of Agriculture to the Chief Accounting Office approval; and component agency programs, policies, Financial Officer: (iv) Review and approve the issuance standards, systems, techniques and (1) Designate the Department’s of accounting and management procedures to improve the management Director of Finance and Comptroller of instructions related to the operation of and operational efficiency and the Department Working Capital Fund. the NFC. effectiveness of the USDA including: (2) Establish Departmental policies, (6) Provide management support (i) Implementation of the policies and standards, techniques, and procedures services for the NFC, and by agreement procedures set forth in OMB Circulars applicable to all USDA agencies for the with agency heads concerned, provide No. A–76: Performance of Commercial following areas: such services for other USDA tenants Activities, and No. A–117: Management (i) Development, maintenance, review housed in the same facility. As used Improvement and the Use of Evaluation and approval of all departmental, and herein, such management support in the Executive Branch; review and approval of component services shall include: (ii) Increased use of operations agency, internal control, fiscal, financial (i) Personnel services, as listed in research and management science in the management and accounting systems § 2.24(a)(5)(x), and organizational areas of productivity and management; including the financial aspects of support services, with authority to take and payroll and property systems; actions required by law or regulation to (iii) All activities financed through (ii) Selection, standardization, and perform such services; and the Department Working Capital Fund. simplification of program delivery (ii) Procurement, property (9) Designate the Commercial processes utilizing grants, cooperative management, space management, Industrial Officer for USDA. agreements and other forms of Federal communications, messenger, paperwork (10) Develop Departmental policies, assistance; management, and related administrative standards, techniques, and procedures (iii) Review and approval of Federal services, with authority to take actions for the conduct of reviews and analysis assistance, internal control, fiscal, required by law or regulation to perform of the utilization of the resources of accounting and financial management such services. State and local governments, other regulations and instructions proposed or (7) Exercise responsibility and Federal agencies and of the private issued by USDA agencies for conformity authority for all matters related to the sector in domestic program operations. with Departmental requirements; and Department’s accounting and financial (11) Represent the Department in (iv) Section 5301 of the Anti-Drug operations including such activities as: contacts with the Office of Management Abuse Act of 1988 (21 U.S.C. 853a) as (i) Financial administration, including and Budget, General Services it relates to grants, loans, and licenses. accounting and related activities; Administration, General Accounting (3) Establish policies related to the (ii) Reviewing financial aspects of Office, Department of the Treasury, Department Working Capital Fund. agency operations and proposals; Office of Personnel Management, (4) Approve regulations, procedures (iii) Furnishing consulting services to Department of Health and Human and rates for goods and services agencies to assist them in developing Services, Department of Labor, financed through the Department and maintaining accounting and Environmental Protection Agency, Working Capital Fund which will financial management systems and Department of Commerce, Congress of impact the financial administration of internal controls, and for other purposes the United States, State and local the Fund. consistent with delegations in paragraph governments, universities, and other (5) Exercise responsibility and (b)(2) of this section; public and private sector individuals, authority for operating USDA’s Central (iv) Reviewing and monitoring agency organizations or agencies on matters Accounting System and related implementation of Federal assistance related to assigned responsibilities. administrative systems including: policies; (12) Maintain the Departmental (i) Management of the National (v) Reviewing and approving inventory of commercial activities Finance Center (NFC), which includes agencies’ accounting systems required by OMB Circular No. A–76 and developing, maintaining, and operating documentation including related provide Departmentwide technical manual and automated administrative development plans, activities, and assistance to accomplish Circular and accounting systems for the USDA controls; objectives. agencies related to the Central (vi) Monitoring agencies’ progress in (13) Establish policies related to travel Accounting System, Departmentwide developing and revising accounting and by USDA employees. payroll and personnel information, financial management systems and (14) Exercise responsibility for statistics, administrative payments, internal controls; coordinating and overseeing the billings and collections, and related (vii) Evaluating agencies’ financial implementation of the Government reporting systems that are either systems to determine the effectiveness Performance and Results Act of 1993, requested by the agencies or required by of procedures employed, compliance Pub. L. No. 103–62, at the Department. the Department; with regulations, and the (15) Exercise responsibility for design, (ii) Management of the NFC appropriateness of policies and implementation, and oversight of the automated data processing and practices; Department’s project known as telecommunications systems and (viii) Promulgation of Department Financial Information Systems Vision, coordination with the Office of schedule of fees and charges for and approval of the design and Information Resources Management to reproductions, furnishing of copies and implementation of an integrated assure that the hardware and software making searches for official records financial information and management located at the NFC will be integrated pursuant to the Freedom of Information system for the Department and all with and compatible with all other Act, 5 U.S.C. 552; and component agencies. systems; (ix) Monitoring USDA (16) Provide budget, accounting, fiscal (iii) Develop new or modified implementation of section 5301 of the and related financial management accounting systems and documentation Anti-Drug Abuse Act of 1988 (21 U.S.C. services, with authority to take action Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56427 required by law or regulation to provide weather activities, and coordinate the (iii) Designate the Executive Secretary such services for Working Capital Funds development of policy options on for the Remote Sensing Coordination and general appropriated and trust weather and climate. Committee. funds for: (ii) Coordinate all weather and (7) Related to long-range commodity (i) The Secretary of Agriculture; climate information and monitoring and agricultural-sector projections. (ii) The general officers of the activities within the Department and Establish committees of the agencies of Department, except the Inspector provide a focal point in the Department the Department to coordinate the General; for weather and climate information and development of a set of analytical (iii) The offices and agencies reporting impact assessment. assumptions and long-range to the Assistant Secretary for (iii) Arrange for appropriate agricultural-sector projections (2 years Administration; and representation to attend all meetings, and beyond) based on commodity (iv) Any other officers and agencies of projections consistent with these the Department as may be agreed. hearings, and task forces held outside the Department which require such assumptions and coordinated through § 2.29 Chief Economist. representation. the Interagency Commodity Estimates Committees. (a) The following delegations of (iv) Designate the Executive Secretary (8) Related to agricultural labor authority are made by the Secretary of of the USDA Weather and Climate affairs. Exercise the following functions Agriculture to the Chief Economist: Program Coordinating Committee. of the Secretary under the Immigration (1) Related to economic analysis. (i) (5) Related to interagency commodity and Nationality Act (INA), as amended Coordinate economic analyses of, and estimates committees. (i) Establish (8 U.S.C. 1101 et seq.): review Department decisions involving, Interagency Commodity Estimates (i) Pursuant to section 214(c) of INA policies and programs that have Committees for Commodity Credit (8 U.S.C. 1184(c)), provide consultation substantial economic implications. Corporation price-supported to the Attorney General and the (ii) Review and assess the economic commodities, for major products Secretary of Labor concerning the impact of all significant regulations thereof, and for commodities where a question of the importation of aliens as proposed by any agency of the need for such a committee has been nonimmigrant temporary agricultural Department. identified, in order to bring together workers, known as ‘‘H–2A’’ workers, (iii) Review economic data and estimates and supporting analyses from analyses used in speeches and under 8 U.S.C. 1101(a)(15)(H)(ii)(a); participating agencies, and to develop (ii) Pursuant to section 218(e) of the Congressional testimony by Department official estimates of supply, utilization, personnel and in materials prepared for INA (8 U.S.C. 1188 note), provide and prices for commodities, including release through the press, radio, and consultation to the Attorney General the effects of new program proposals on television. and the Secretary of Labor concerning (2) Related to risk assessment. (i) acreage, yield, production, imports, all regulations to implement 8 U.S.C. Responsible for assessing the risks to domestic utilization, price, income, 101(a)(15)(H)(ii)(a) and 1188 providing human health, human safety, or the support programs, carryover, exports, for the importation of H–2A workers; environment, and for preparing cost- and availabilities for export. (iii) Pursuant to section 210(h) of the benefit analyses, with respect to (ii) Designate the Chairman, who shall INA (8 U.S.C. 1160(h)), promulgate proposed major regulations, and for also act as Secretary, for all Interagency regulations to define ‘‘seasonal publishing such assessments and Commodity Estimates Committees. agricultural services’’ for purposes of analyses in the Federal Register as (iii) Assure that all committee the Special Agricultural Worker (SAW) required by section 304 of the members have the basic assumptions, Program; Department of Agriculture background data and other relevant data (iv) Pursuant to section 210A(a) of the Reorganization Act of 1994 (7 U.S.C. regarding the overall economy and INA (8 U.S.C. 1161(a)), determine 2204e). market prospects for specific jointly with the Secretary of Labor the (ii) Provide direction to Department commodities. number (if any) of additional special agencies in the appropriate methods of (iv) Review for consistency of agricultural workers, known as risk assessment and cost-benefit analytical assumptions and results all ‘‘replenishment agricultural workers’’ analyses and coordinate and review all proposed decisions made by (RAWs), who should be admitted to the risk assessments and cost-benefit Commodity Estimates Committees prior United States or otherwise acquire the analyses prepared by any agency of the to any release outside the Department. status of aliens lawfully admitted for Department. (6) Related to remote sensing. (i) temporary residence during fiscal years (3) Related to food and agriculture Provide technical assistance, 1990 through 1993 to meet a shortage of outlook and situation. (i) Coordinate coordination, and guidance to workers to perform seasonal agricultural and review all crop and commodity data Department agencies in planning, services in the United States during used to develop outlook and situation developing, and carrying out satellite each such fiscal year; (v) Pursuant to section 210A(a)(7) of material within the Department. remote sensing activities to assure full the INA (8 U.S.C. 1161(a)(7)), determine (ii) Oversee and clear for consistency consideration and evaluation of jointly with the Secretary of Labor analytical assumptions and results of all advanced technology. estimates and analyses which emergency requests to increase the (ii) Coordinate administrative, significantly relate to international and shortage number; management, and budget information domestic commodity supply and (vi) Pursuant to section 210A(a)(8) of demand, including such estimates and relating to the Department’s remote the INA (8 U.S.C. 1161(a)(8)), determine analyses prepared for public sensing activities including: jointly with the Secretary of Labor distribution by the Foreign Agricultural (A) Inter- and intra-agency meetings, requests to decrease the number of man- Service, the Economic Research Service, correspondence, and records; days of seasonal agricultural services or by any other agency or office of the (B) Budget and management tracking required of RAWs to avoid deportation Department. systems; and and for naturalization under section (4) Related to weather and climate. (i) (C) Inter-agency contacts and 210A(d)(5) (A) and (B) of the INA (8 Advise the Secretary on climate and technology transfer. U.S.C. 1161(d)(5) (A) and (B)); 56428 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations

(vii) Pursuant to section 210A(b)(1) of and agencies on matters related to his or in its relations with the Congress, the the INA (8 U.S.C. 1161(b)(1)), calculate her responsibility. General Accounting Office, or other jointly with the Secretary of Labor and (5) Coordinate and/or conduct policy agencies of the Government. annual numerical limitation on the and program analyses on agency (h) Represent the Department in number of RAWs who may be admitted operations and proposals to assist the proceedings before the Interstate or otherwise acquire the status of aliens Secretary, general officers and other Commerce Commission involving lawfully admitted for temporary Department and agency officials in freight rates on farm commodities, and residence during fiscal years 1990 formulating and implementing USDA in appeals from decisions of the through 1993 under section 210A(c)(1) policies and programs. Commission to the courts. of the INA (8 U.S.C. 1161(c)(1)); and (6) Review and analyze legislation, (i) In civil actions arising out of the (viii) Pursuant to section 210A(b)(2) of regulations, and policy options to activities of the Department, present the the INA (8 U.S.C. 1161(b)(2)), establish determine their impact on USDA Department’s case to the Attorney jointly with the Secretary of Labor the programs and policy objectives and on General and U.S. attorneys and, upon information that must be reported by the Department’s budget. request of the Department of Justice, any person or entity who employs (7) Monitor ongoing studies with assist in the preparation and trial of SAWs or RAWs in seasonal agricultural significant program or policy such cases and in the briefing and services during fiscal years 1989 implications. argument of such cases at the appellate through 1992, and to designate jointly (b) The following authority is reserved level. with the Secretary of Labor the official to the Secretary of Agriculture: Final (j) Review cases having criminal to whom the person or entity must approval of the Department’s program aspects and refer them to the furnish such certification. and financial plans. Department of Justice. (9) Related to the Capper-Volstead (k) Act as liaison between the § 2.31 General Counsel. Act. Serve as Chairman of the Capper- Department and the Department of Volstead Act Committee to identify The General Counsel, as the chief law Justice. cases of undue price enhancement by officer of the Department, is legal (l) Perform the following legal associations of producers and issue adviser to the Secretary and other services: complaints requiring such associations officials of the Department and (1) Render legal opinions on questions to show cause why an order should not responsible for providing legal services arising in the conduct of the be made directing them to cease and for all the activities of the Department. Department’s activities; desist from monopolization or restraint The delegations of authority by the (2) Prepare or review regulations; of trade. The Chairman is authorized to Secretary of Agriculture to the General (3) Draft proposed legislation; call upon any agency of the Department Counsel include the following: (4) Prepare or review contracts, for support in carrying the functions of (a) Consider, ascertain, adjust, mortgages, deeds, leases, and other the Committee (7 U.S.C. 292). determine, compromise, and settle documents; and (10) Related to committee claims pursuant to the Federal Tort (5) Examine titles to land to be management. Establish and reestablish Claims Act, as amended (28 U.S.C. acquired or accepted as security for regional, state, and local advisory 2671–2680), and the regulations of the loans. committees for activities under his or Attorney General contained in 28 CFR (m) Perform such other legal services her authority. This authority may not be part 14. as may be required in the administration redelegated. (b) Certify documents as true copies of of the Department’s activities, including those on file in the Department. the defense program. § 2.30 Director, Office of Budget and (c) Sign releases of claims of the (n) Serve as a member of the Capper- Program Analysis. United States against private persons for Volstead Act Committee to identify (a) The following delegations of damage to or destruction of property of cases of undue price enhancement by authority are made by the Secretary of the department, except those claims associations of producers and issue Agriculture to the Director, Office of cognizable under the Contract Disputes complaints requiring such associations Budget and Program Analysis: Act of 1978 (41 U.S.C. 601 et seq.). to show cause why an order should not (1) Serve as the Department’s Budget (d) Responsible for the overall be made directing them to cease and Officer and exercise general management and operation of the Law desist from monopolization or restraint responsibility and authority for all Library, furnishing complete legal and of trade (7 U.S.C. 292). matters related to the Department’s legislative library services to the Office (o) Settle claims for damage to, or loss budgeting affairs including: of the General Counsel and the of, privately owned property pursuant (i) Resource administration, including Department. to the provisions of 31 U.S.C. 3723. all phases of the acquisition, and (e) Make determinations as to whether distribution of funds and staff years; and employees of the Department may retain § 2.32 Alternative Agricultural Research (ii) Legislative and regulatory commercial rights in inventions; and Commercialization Board. reporting and related activities. prepare patent applications and The following delegation of authority (2) Provide staff assistance for the prosecute the same before the Patent is made by the Secretary of Agriculture Secretary, general officers, and other Office. to the Alternative Agricultural Research Department and agency officials. (f) Represent the Department in and Commercialization Board: Enter (3) Formulate and promulgate formal rulemaking and adjudicatory into contracts, grants, or cooperative Departmental budgetary, legislative and proceedings held in connection with the agreements to further research programs regulatory policies and procedures. administration of the Department’s in the agricultural sciences (7 U.S.C. (4) Represent the Department in activities, and decide whether initial 3318). contacts with the Office of Management decisions of the administrative law and Budget, the General Accounting judges shall be appealed by the § 2.33 Inspector General. Office, the Treasury Department, Department to the Secretary. (a) The following delegations of Congressional Committees on (g) Represent the Department in authority are made by the Secretary of Appropriations, and other organizations connection with legal issues that arise Agriculture to the Inspector General: Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56429

(1) Advise the Secretary and General act as final deciding officer in (iii) Exercise final review and officers in the planning, development, adjudication proceedings subject to 5 approval of all public information and execution of Department policies U.S.C. 556 and 557; in other material prepared by the Department and programs. adjudication proceedings which are or and its agencies and select the most (2) Provide for the personal security of may be made subject to the ‘‘Rules of effective method and audience for the Secretary and the Deputy Secretary. Practice Governing Formal Adjudicatory distributing this information. (3) Serve as liaison official for the Proceedings Instituted by the Secretary (iv) Serve as the central public Department for all audits of USDA Under Various Statutes’’ set forth in part information authority in the USDA, performed by the General Accounting 1, subpart H of this title; in adjudication with the authority to determine policy Office. proceedings under the ‘‘Rules of for all USDA communication activities (4) In addition to the above Practice Governing Cease and Desist and agency information activities in delegations of authority, the Inspector Proceedings Under Section 2 of the order to provide leadership and General, under the general supervision Capper-Volstead Act’’ set forth in part 1, centralized operational direction for of the Secretary, has specific duties, subpart I of this title; in rate proceedings USDA and agency information activities responsibilities, and authorities under the Packers and Stockyards Act; so that all material shall effectively pursuant to the Inspector General Act of in adjudication proceedings under the support USDA policies and programs, 1978, Pub. L. No. 95–452, 5 U.S.C. App. ‘‘Procedures Related to Administrative including the defense program. (b) The following authority is reserved Hearings Under the Program Fraud Civil (v) Serve as the central printing to the Secretary of Agriculture: Remedies Act of 1986’’ set forth in part authority in the USDA, with authority to Approving the implementation in the 1, subpart L of this title; in adjudication represent the USDA with Joint Office of Inspector General of proceedings subject to the ‘‘Rules of Committee on Printing of the Congress, administrative policies or procedures Practice Governing the Adjudication of the Government Printing Office, and that contravene standard USDA Sourcing Area Applications and Formal other Federal and State agencies on administrative policies as promulgated Review of Sourcing Areas Pursuant to information matters. by the Assistant Secretary for the Forest Resources Conservation and (vi) Cooperate with and secure the cooperation of commercial, industrial Administration. Shortage Relief Act of 1990 (16 U.S.C. and other nongovernmental agencies 620, et seq.)’’ set forth in part 1, subpart § 2.34 Director, National Appeals Division. and concerns regarding information M of this title; and in reparation work as required in the execution of the The Director, National Appeals proceedings under statutes administered Department’s programs. Division, under the general supervision by the Department. As used herein the of the Secretary, has specific duties, (vii) Plan and direct communication term ‘‘Judicial Officer’’ shall mean any research and training for the Department responsibilities, and authorities person or persons so designated by the pursuant to subtitle H of the Department and its agencies. Secretary of Agriculture. The provisions (viii) Oversee general officers and of Agriculture Reorganization Act of of this delegation shall not be construed 1994, Pub. L. No. 103–354, title II (7 agency heads in the development and to limit the authority of the Judicial implementation of information policies U.S.C. 6991 et seq.), including: Officer to perform any functions, in (a) Deciding appeals from adverse issued pursuant to the provisions of the addition to those defined in the said Act decisions, made by an officer or ‘‘Freedom of Information Act’’ (5 U.S.C. of April 4, 1940, which from time to employee of an agency of the 552) and the ‘‘Privacy Act’’ (5 U.S.C. time may be assigned by the Secretary Department designated by the Secretary, 552a), and provide consultation to him or her. that are adverse to participants. The regarding those policies. term ‘‘agency’’ shall include the § 2.36 Director, Office of Communications. (ix) Supervise and provide leadership following and any predecessor agency: and final clearance for the planning, (a) Delegations. The following production, and distribution of visual the Farm Service Agency; the delegations of authority are made by the Commodity Credit Corporation (with information material for the department Secretary of Agriculture to Director, and its agencies in Washington, D.C., respect to domestic programs); the Office of Communications: Federal Crop Insurance Corporation; the and the field, and provide such (1) Related to public affairs. (i) Advise Rural Housing and Community information services as may be deemed and counsel general officers on public Development Service; the Rural necessary. affairs matters to the Department. (x) Maintain overall responsibility Business and Cooperative Development (ii) Organize and direct the activities and control over the preparation of the Service; the Natural Resources of a public affairs office to include press ‘‘Agricultural Decisions.’’ Conservation Service; and a State, relations of the secretary of agriculture (xi) Administer, direct and coordinate county, or area committee established and other executive functions and publications and user fee authority under section 8(b)(5) of the Soil services for general officers of the granted under section 1121 of the Conservation and Domestic Allotment Department. Agriculture and Food Act of 1981, as Act (16 U.S.C. 590h(b)(5)); and (2) Related to information activities. amended by section 1769 of the Food (b) The authority to appoint such Security Act of 1985, 7 U.S.C. 2242a; hearing officers and other employees as (i) Advise the secretary and general officers in the planning, development, and publish any appropriate regulations are necessary for the administration of necessary to the exercise of this the activities of the Division. and execution of Department policies and programs. authority. § 2.35 Judicial Officer. (ii) Direct and coordinate the overall (b) [Reserved] The following delegations of authority formulation and development of Subpart EÐDelegations of Authority are made by the Secretary of Agriculture policies, programs, plans, procedures, by the Deputy Secretary to the Judicial Officer: Pursuant to the standards and organization structures provisions of the Act of April 4, 1940 (7 and staffing patterns for the information § 2.37 Director, Office of Small and U.S.C. 450c–450g), and Reorganization activities of the Department and its Disadvantaged Business Utilization Plan No. 2 of 1953 (5 U.S.C. App.), the agencies, both in Washington and in the (a) Delegations. Pursuant to § 2.15, the Judicial Officer is hereby authorized to field. following delegations of authority are 56430 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations made by the Deputy Secretary to the Subpart FÐDelegations of Authority specifications for aerial photography for Director, Office of Small and by the Under Secretary for Farm and the Department; Disadvantaged Business Utilization: Foreign Agricultural Services (viii) Coordinating and performing (1) The Director, Office of Small and procurement, inspection, and Disadvantaged Business Utilization, § 2.40 Deputy Under Secretary for Farm application of specifications for USDA and Foreign Agricultural Services. under the supervision of the Deputy aerial photography; Secretary, has specific responsibilities Pursuant to § 2.16(a), subject to (ix) Providing for liaison with EROS under the Small Business Act, 15 U.S.C. reservations in § 2.16(b), and subject to Data Center to support USDA programs 644(k). These duties include being policy guidance and direction by the and research with satellite imagery responsible for the following: Under Secretary, the following reproductions; and delegation of authority is made to the (i) Administering the Department’s (x) Maintaining library and files of Deputy Under Secretary for Farm and USDA aerial film and retrieving and small and disadvantaged business Foreign Agricultural Services, to be activities related to procurement supplying reproductions on request. exercised only during the absence or (4) Administer the Agricultural contracts, minority bank deposits, and unavailability of the Under Secretary: Conservation Program under title X of grants and loan activities affecting small Perform all the duties and exercise all the Agricultural Act of 1970, as and minority business, including the powers which are now or which amended (16 U.S.C. 1501 et seq.), and women-owned business, Labor Surplus may hereafter be delegated to the Under under the Soil Conservation and Area concerns, and the small business Secretary for Farm and Foreign Domestic Allotment Act, as amended and small minority business Agricultural Services: Provided, that (16 U.S.C. 590g et seq.). subcontracting programs; this authority shall be exercised by the (5) Administer responsibilities and (ii) Providing Departmentwide liaison respective Deputy Under Secretary in functions assigned under the Defense and coordination of activities related to the order in which he or she has taken Production Act of 1950, as amended (50 small and disadvantaged business with office as a Deputy Under Secretary. U.S.C. App. 2061 et seq.), and title VI the Small Business Administration and of the Robert T. Stafford Disaster Relief others in the public and private sector; § 2.42 Administrator, Farm Service Agency. and Emergency Assistance Act (42 (iii) Developing policies and U.S.C. 5195 et seq.), relating to (a) Delegations. Pursuant to procedures required by the applicable agricultural production; food § 2.16(a)(1) through (a)(4) and (a)(6) provisions of the Small Business Act, as processing, storage, and distribution of through (a)(8), subject to the amended to include the establishment farm equipment and fertilizers. of goals; and reservations in § 2.16(b)(1), the following delegations of authority are rehabilitation and use of feed, (iv) Implementing and administering agricultural and related agribusiness programs described under sections 8 made by the Under Secretary for Farm and Foreign Agricultural Services to the facilities; and farm credit and financial and 15 of the Small Business Act, as assistance. amended (15 U.S.C. 637 and 644). Administrator, Farm Service Agency: (1) Formulate policies and administer (6) Administer the Emergency (2) In addition to the responsibilities programs authorized by the Agricultural Conservation Program under the in paragraph (a)(1) of this section, the Adjustment Act of 1938, as amended (7 Agricultural Credit Act of 1978, as following delegations of authority are U.S.C. 1282 et seq.). amended (16 U.S.C. 2201 et seq.). made by the Deputy Secretary of (2) Formulate policies and administer (7) Conduct fiscal, accounting and Agriculture to the Director, Office of programs authorized by the Agricultural claims functions relating to CCC Small and Disadvantaged Business Act of 1949, as amended (7 U.S.C. 1441 programs for which the Foreign Utilization: et seq.), except the provisions of section Agricultural Service has been delegated (i) Pursuant to the Office of Federal 416(a)(1), (a)(2) and (b) of the authority under § 2.43 and, in Procurement Policy Act (Act), as Agricultural Act of 1949, as amended, conjunction with other agencies of the amended (41 U.S.C. 401 et seq.), is unless specifically provided herein. U.S. Government, develop and designated as the Department’s (3) Coordinate and prevent formulate agreements to reschedule Advocate for Competition with duplication of aerial photographic work amounts due from foreign countries. responsibility for sections 20 and 21 of of the Department, including: (8) Conduct assigned activities under the Act (41 U.S.C. 418 and 418a), (i) Clearing photography projects; the Strategic and Critical Materials including: (ii) Assigning symbols for new aerial Stockpiling Act, as amended (50 U.S.C. (A) Reviewing the procurement photography, maintaining symbol 98 et seq.). activities of the Department; records, and furnishing symbol books; (9) Supervise and direct Farm Service Agency State and county offices and (B) Developing new initiatives to (iii) Recording departmental aerial designate functions to be performed by increase full and open competition; photography flow and coordinating the Farm Service Agency State and county (C) Developing goals and plans and issuance of aerial photography status maps of latest coverage; committees. recommending actions to increase (10) Administer the Dairy Indemnity competition; (iv) Promoting interchange of technical information and techniques to Program under the Act of August 13, (D) Challenging conditions develop lower costs and better quality; 1968, as amended (7 U.S.C. 450j et seq.). unnecessarily restricting competition in (v) Representing the Department on (11) Administer procurement, the acquisition of supplies and services; committees, task forces, work groups, processing, handling, distribution, (E) Designating an Advocate for and other similar groups concerned disposition, transportation, payment, Competition for each procuring activity with aerial photography acquisition and and related services with respect to within the Department; and reproduction; surplus removal and supply operations (F) Preparing the annual report to the (vi) Providing a Chairperson for the which are carried out under section 210 Congress for transmittal by the Secretary Photography Sales Committee of the of the Agricultural Act of 1956 (7 U.S.C. on activities of the Advocate for Department; 1859), the Act of August 19, 1958, as Competition. (vii) Coordinating development, amended (7 U.S.C. 1431 note), and (b) [Reserved] preparation, and issuance of section 709 of the Food and Agriculture Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56431

Act of 1965, as amended (7 U.S.C. and perform compliance examinations designation of officials who may 1446a-1), except as delegated to the for Farm Service Agency programs. obligate money in the Hazardous Under Secretary for Food, Nutrition, (19) Administer the provisions of the Substances Superfund; and Consumer Services in § 2.19 and to Soil Conservation and Domestic (ix) Section 113(k) of the Act (42 the Under Secretary for Farm and Allotment Act relating to assignment of U.S.C. 9613(k)), with respect to Foreign Agricultural Services in payments (16 U.S.C. 590h(g)). establishing an administrative record § 2.16(a)(3), and assist the Food and (20) Formulate and carry out the upon which to base the selection of a Consumer Service and the Agricultural Conservation Reserve Program under response action and identifying and Marketing Service in the procurement, the Food Security Act of 1985, as notifying potentially responsible parties; handling, payment, and related services amended (16 U.S.C. 1231 et seq.). (x) Section 116(a) of the Act (42 under section 32 of the Act of August (21) Carry out functions relating to U.S.C. 9616(a)), with respect to 24, 1935, as amended (7 U.S.C. 612c), highly erodible land and wetland preliminary assessment and site the Act of June 28, 1937, as amended (7 conservation under sections 1211–1213 inspection of facilities; U.S.C. 713c), the National School Lunch and 1221–1223 of the Food Security Act (xi) Sections 117(a) and (c) of the Act Act, as amended (42 U.S.C. 1751 et of 1985, as amended (16 U.S.C. 3811– (42 U.S.C. 9617(a) and (c)), with respect seq.), section 8 of the Child Nutrition 3813 and 3821–3823). to public participation in the Act of 1966, as amended (42 U.S.C. (22) With respect to land and facilities preparation of any plan for remedial 1777), section 311 of the Older under his or her authority, exercise the action and explanation of variances Americans Act of 1965, as amended (42 functions delegated to the Secretary by from the final remedial action plan for U.S.C. 3030a), and section 4(a) of the Executive Order 12580, 3 CFR, 1987 any remedial action or enforcement Agriculture and Consumer Protection Comp., p. 193, under the following action, including any settlement or Act of 1973, as amended (7 U.S.C. 612c provisions of the Comprehensive consent decree entered into; note), and section 1114 of the Environmental Response, (xii) Section 119 of the Act (42 U.S.C. Agriculture and Food Act of 1981 (7 Compensation, and Liability Act of 1980 9119), with respect to indemnifying U.S.C. 1431e). (‘‘the Act’’), as amended: response action contractors; (12) Administer commodity (i) Sections 104(a), (b), and (c)(4) of (xiii) Section 121 of the Act (42 U.S.C. procurement and supply, transportation the Act (42 U.S.C. 9604(a), (b), and 9621), with respect to cleanup (other than from point of export, except (c)(4)), with respect to removal and standards; and remedial actions in the event of release for movement to trust territories or (xiv) Section 122 of the Act (42 U.S.C. or threatened release of a hazardous possessions), handling, payment, and 9622), with respect to settlements, but substance, pollutant, or contaminant related services in connection with excluding section 122(b)(1) of the Act into the environment; programs under titles II and III of Public (42 U.S.C. 9622(b)(1)), related to mixed (ii) Sections 104(e)–(h) of the Act (42 Law 480 (7 U.S.C. 1691, 1701 et seq.), funding agreements. U.S.C. 9604(e)–(h)), with respect to and payment and related services with information gathering and access (23) With respect to facilities and respect to export programs and barter requests and orders; compliance with activities under his or her authority, to operations. Federal health and safety standards and exercise the authority of the Secretary of (13) Administer Wool and Mohair wage and labor standards applicable to Agriculture pursuant to section 1–102 Programs under the National Wool Act covered work; and emergency related to compliance with applicable of 1954, as amended (7 U.S.C. 1781 et procurement powers; pollution control standards and section seq.), and, in accordance with section (iii) Section 104(i)(11) of the Act (42 1–601 of Executive Order 12088, 3 CFR, 708 of that Act (7 U.S.C. 1787), conduct U.S.C. 9604(i)(11)), with respect to the 1978 Comp., p. 243, to enter into an referenda, withhold funds (for reduction of exposure to significant risk inter-agency agreement with the United advertising and promotion) from to human health; States Environmental Protection payments made to producers under (iv) Section 104(j) of the Act (42 Agency, or an administrative consent section 704 of that Act (7 U.S.C. 1783), U.S.C. 9604(j)), with respect to the order or a consent judgment in an and transfer such funds to the person or acquisition of real property and interests appropriate State, interstate, or local agency designated by the Assistant in real property required to conduct a agency, containing a plan and schedule Secretary for Marketing and Regulatory remedial action; to achieve and maintain compliance Programs. (v) The first two sentences of section with applicable pollution control (14) Administer the Agricultural 105(d) of the Act (42 U.S.C. 9605(d)), standards established pursuant to the Foreign Investment Disclosure Act of with respect to petition for preliminary following: 1978 (7 U.S.C. 3501 et seq.) except those assessment of a release or threatened (i) Solid Waste Disposal Act, as functions delegated in § 2.21(a)(8)(xi). release; amended by the Resource Conservation (15) Administer energy management (vi) Section 105(f) of the Act (42 and Recovery Act, as further amended activities as assigned. U.S.C. 9605(f)), with respect to by the Hazardous and Solid Waste (16) Conduct producer referenda of consideration of the availability of Amendments, and the Federal Facility commodity promotion programs under qualified minority firms in awarding Compliance Act (42 U.S.C. 6901 et seq.); the Beef Research and Information Act, contracts, but excluding that portion of (ii) Federal Water Pollution as amended (7 U.S.C. 2901 et seq.) and section 105(f) pertaining to the annual Prevention and Control Act, as amended the Agricultural Promotion Programs report to Congress; (33 U.S.C. 1251 et seq.); Act of 1990, as amended (7 U.S.C. 6001 (vii) Section 109 of the Act (42 U.S.C. (iii) Safe Drinking Water Act, as et seq.). 9609), with respect to the assessment of amended (42 U.S.C. 300f et seq.); (17) Conduct field operations of civil penalties for violations of section (iv) Clean Air Act, as amended (42 diversion programs for fresh fruits and 122 of the Act (42 U.S.C. 9622), and the U.S.C. 7401 et seq.); vegetables under section 32 of the Act granting of awards to individuals (v) Noise Control Act of 1972, as of August 29, 1935. providing information; amended (42 U.S.C. 4901 et seq.); (18) Administer the U. S. Warehouse (viii) Section 111(f) of the Act (42 (vi) Toxic Substances Control Act, as Act, as amended (7 U.S.C. 241–273), U.S.C. 9611(f)), with respect to the amended (15 U.S.C. 2601 et seq.); 56432 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations

(vii) Federal Insecticide, Fungicide, 2008c), regarding assets and programs (37) Administer loans to Indian tribes and Rodenticide Act, as amended (7 related to rural development; and and tribal corporations (25 U.S.C. 488– U.S.C. 136 et seq.); and (xi) Administrative provisions of 492). (viii) Comprehensive Environmental subtitle D of the Consolidated Farm and (38) Administer the State Agricultural Response, Compensation, and Liability Rural Development Act related to Rural Loan Mediation Program under title 5 of Act of 1980, as amended by the Utilities Service, Rural Business and the Agricultural Credit Act of 1987 (7 Superfund Amendments and Cooperative Development Service, and U.S.C. 5101 et seq.). Reauthorization Act of 1986 (42 U.S.C. Rural Housing and Community (39) Administer financial assistance 9601 et seq.). Development Service activities. programs relating to Economic (24) Administer the Integrated Farm (29) Collect, service, and liquidate Opportunity Loans to Cooperatives Management Program under section loans made or insured by the Farm under part A of title III and part D of 1451 of the Food, Agriculture, Service Agency, or its predecessor title I and the necessarily related Conservation, and Trade Act of 1990, as agencies. functions in title VI of the Economic amended (7 U.S.C. 5822). (30) Administer the Rural Opportunity Act of 1964, as amended (25) Administer the provisions of Rehabilitation Corporation Trust (42 U.S.C. 2763–2768, 2841–2855, 2942, section 326 of the Food and Agricultural Liquidation Act (40 U.S.C. 440 et seq.), 2943(b), 2961), delegated by the Director Act of 1962, as amended (7 U.S.C. and trust, liquidation, and other of the Office of Economic Opportunity 1339c), as they relate to any Farm agreements entered into pursuant to the Secretary of Agriculture by Service Agency administered program. thereto. documents dated October 23, 1964 (29 (26) Conduct an Options Pilot (31) Make grants and enter into FR 14764), and June 17, 1968 (33 FR Program pursuant to sections 1151–1156 contracts and other agreements to 9850), respectively. of the Food, Agriculture, Conservation, provide outreach and technical (40) Exercise all authority and and Trade Act of 1990, as amended (7 assistance to socially disadvantaged discretion vested in the Secretary by U.S.C. 1421 note). farmers and ranchers under 7 U.S.C. section 331(c) of the Consolidated Farm (27) Formulate and administer 2279. and Rural Development Act, as regulations regarding program (32) Administer Farmers Home amended by section 2 of the Farmers ineligibility resulting from convictions Administration or any successor agency Home Administration Improvement Act under Federal or State law of planting, assets conveyed in trust under the of 1994, Pub. L. No. 103–248 (7 U.S.C. cultivating, growing, producing, Participation Sales Act of 1966 (12 1981(c)), including the following: harvesting, or storing a controlled U.S.C. 1717). (i) Determine, with the concurrence of (33) Administer the emergency loan substance, as required under section the General Counsel, which actions are and guarantee programs under sections 1764 of the Food Security Act of 1985 to be referred to the Department of 232, 234, 237, and 253 of the Disaster (21 U.S.C. 881a). Justice for the conduct of litigation, and Relief Act of 1970 (Pub. L. No. 91–606), (28) Administer the Consolidated refer such actions to the Department of the Disaster Relief Act of 1969 (Pub. L. Farm and Rural Development Act (7 Justice through the General Counsel; No. 91–79), Pub. L. No. 92–385, U.S.C. 1921 et seq.) except for the (ii) Determine, with the concurrence approved August 16, 1972, and the authority contained in the following of the General Counsel, which actions Emergency Livestock Credit Act of 1974 sections: are to be referred to the General (i) The authority in section 304(b) (7 (Pub. L. No. 93–357), as amended. (34) Administer loans to homestead or Counsel, for the conduct of litigation U.S.C. 1924(b)), relating to small and refer such actions; and business enterprise loans; desertland entrymen and purchasers of (iii) Enter into contracts with private (ii) Section 306 (7 U.S.C. 1926), land in reclamation projects or to an sector attorneys for the conduct of relating to all programs in that section; entryman under the desertland law (7 (iii) Section 306A (7 U.S.C. 1926a) U.S.C. 1006a and 1006b). litigation, with the concurrence of the and Section 306B (7 U.S.C. 1926b), (35) Administer the Federal Claims General Counsel, after determining that relating to the Emergency Community Collection Act of 1966, as amended (31 the attorneys will provide competent Water Assistance Grant Programs; U.S.C. 3711 et seq.), and joint and cost effective representation for the (iv) Section 306C (7 U.S.C. 1926c) to regulations issued pursuant thereto by Farm Service Agency. administer the water and waste facility the Attorney General and the (41) Provide supervision of the loans and grants to alleviate health Comptroller General (4 CFR chapter II), Federal Crop Insurance Corporation. risks; with respect to claims of the Farm (42) Administer the provisions (v) Sections 309 (7 U.S.C. 1929) and Service Agency. concerning the end-use certificate 309A (7 U.S.C. 1929a), regarding assets (36) Service, collect, settle, and system authorized pursuant to section and programs related to rural liquidate: 301(f) of the North American Free Trade development; (i) Deferred land purchase obligations Implementation Act (19 U.S.C. 3391(f)). (vi) Section 310A (7 U.S.C. 1931), of individuals under the Wheeler-Case (43) Determine the type and quantity relating to watershed and resource Act of August 11, 1939, as amended (16 of commodities that are available for conservation and development loans; U.S.C. 590y), and under the item, programming under section 416(b) of (vii) Section 310B (7 U.S.C. 1932), ‘‘Water Conservation and Utilization the Agricultural Act of 1949 (7 U.S.C. regarding rural industrialization projects’’ in the Department of the 1431(b)), and the Food for Progress Act assistance; Interior Appropriation Act, 1940 (53 of 1985 (7 U.S.C. 1736o), and charge for (viii) Section 312(b) (7 U.S.C. Stat. 719), as amended; the processing, packaging, 1942(b)), relating to small business (ii) Puerto Rican Hurricane Relief transportation, handling and delivery to enterprises; loans under the Act of July 11, 1956 (70 port of such commodities in connection (ix) Section 342 (7 U.S.C. 1013a); Stat. 525); and therewith. (x) Section 364 (7 U.S.C. 2006f), (iii) Loans made in conformance with (b) Reservations. The following section 365 (7 U.S.C. 2008), section 366 section 4 of the Southeast Hurricane authorities are reserved to the Under (7 U.S.C. 2008a), section 367 (7 U.S.C. Disaster Relief Act of 1965 (79 Stat. Secretary for Farm and Foreign 2008b), and section 368 (7 U.S.C. 1301). Agricultural Services: Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56433

(1) Designating counties and areas for (3) Conduct studies of worldwide programs administered by the emergency programs under Pub. L. No. production, trade, marketing, prices, Department under the Defense 85–58, as amended. consumption, and other factors affecting Production Act of 1950, as amended (50 (2) Making and issuing notes to the exports and imports of U.S. agricultural U.S.C. App. 2061 et seq.), and title VI Secretary of the Treasury for the commodities; obtain information on of the Robert T. Stafford Disaster Relief purposes of the Agricultural Credit methods used by other countries to and Emergency Assistance Act (42 Insurance Fund as authorized by the move farm commodities in world trade U.S.C. 5195 et seq.). Consolidated Farm and Rural on a competitive basis for use in the (10) Conduct economic analyses Development Act (7 U.S.C. 1929). development of programs of this pertaining to the foreign sugar situation. Department; provide information to (11) Exercise the Department’s § 2.43 Administrator, Foreign Agricultural domestic producers, the agricultural functions with respect to the Service. trade, the public and other interests; and International Sugar Agreement or any (a) Delegations. Pursuant to § 2.16 promote normal commercial markets such future agreements. (a)(3) and (a)(6), subject to reservations abroad. This delegation excludes basic (12) Exercise the Department’s in § 2.16(b)(2), the following delegations and long-range analyses of world responsibilities with respect to tariff- of authority are made by the Under conditions and developments affecting rate quotes for dairy products under Secretary for Farm and Foreign supply, demand, and trade in farm chapter 4 of the Harmonized Tariff Agricultural Services to the products and general economic analyses Schedule of the United States (19 U.S.C. Administrator, Foreign Agricultural of the international financial and 1202). Service: monetary aspects of agricultural affairs (13) Serve as a focal point for (1) Coordinate the carrying out by as assigned to the Under Secretary for handling quality or weight discrepancy Department agencies of their functions Research, Education, and Economics. inquiries from foreign buyers of U.S. involving foreign agriculture policies (4) Administer Departmental agricultural commodities to insure that and programs and their operations and programs concerned with development they are investigated and receive a activities in foreign areas. Act as liaison of foreign markets for agricultural timely response and that reports thereof on these matters and functions relating products of the United States except are made to appropriate parties and to foreign agriculture between the functions relating to export marketing government officials in order that Department of Agriculture and the operations under section 32, of the Act corrective action may be taken. (14) Formulate policies and Department of State, the United States of August 23, 1935, as amended (7 administer programs and activities Trade Representative, the Trade Policy U.S.C. 612c), delegated to the Assistant Secretary for Marketing and Regulatory authorized by the Agricultural Trade Committee, the Agency for International Programs. Act of 1978, as amended (7 U.S.C. 5601 Development and other departments, (5) Conduct Department activities to et seq.). agencies and committees of the U.S. carry out the provisions of the (15) Formulate policies and Government, foreign governments, the International Coffee Agreement Act of administer barter programs under which Organization for Economic Cooperation 1968 (19 U.S.C. 1356f). agricultural commodities are exported. and Development, the European Union, (6) Administer functions of the (16) Perform functions of the the Food and Agriculture Organization Department relating to import controls Department in connection with the of the United Nations, the International including, among others, functions development and implementation of Bank for Reconstruction and under section 22 of the Agricultural agreements to finance the sale and Development, the Inter-American Adjustment Act of 1933, as amended (7 exportation of agricultural commodities Development Bank, the Organization of U.S.C. 624), the Harmonized Tariff on long-term credit or for foreign American States, and other public and Schedule of the United States (19 U.S.C. currencies under Public Law 480 (7 private United States and international 1202), and section 204 of the U.S.C. 1691, 1701 et seq.). organizations, and the contracting Agricultural Act of 1956, as amended (7 (17) Coordinate within the parties to the General Agreement on U.S.C. 1854) but not including those Department activities arising under Tariffs and Trade (GATT) and the World functions reserved to the Secretary Public Law 480 (except as delegated to Trade Organization (WTO). under § 2.16(b)(2) and those relating to the Under Secretary for Research, (2) Conduct functions of the section 8e of the Agricultural Education, and Economics in Department relating to GATT, WTO, the Adjustment Act of 1933, as amended (7 § 2.21(a)(8)), and to represent the Trade Expansion Act of 1962 (19 U.S.C. U.S.C. 608e–1), as assigned to the Department in its relationships in such 1801 et seq.), the Trade Act of 1974 (19 Assistant Secretary for Marketing and matters with the Department of State, U.S.C. 2101 et seq.), the Trade Regulatory Programs. any interagency committee on Public Agreements Act of 1979 (19 U.S.C. 2501 (7) Represent the Department on the Law 480, and other departments, et seq.), the Omnibus Trade and Interdepartmental Committee for Export agencies and committees of the Competition Act of 1988 (19 U.S.C. 2901 Control and conduct Departmental Government. et seq.), the provisions of subtitle B of activities to carry out the provisions of (18) Formulate policies and title III of the North American Free the Export Administration Act of 1969, implement programs to promote the Trade Agreement Implementation Act as amended (50 U.S.C. App. 2401 et export of dairy products, as authorized (except the provisions concerning the seq.), except as reserved to the Secretary under section 153 of the Food Security end-use certificate system authorized under § 2.16(b)(2). Act of 1985, as amended (15 U.S.C. pursuant to section 321(f) of that Act (19 (8) Exercise the Department’s 713a–14), and of sunflowerseed oil and U.S.C. 3391(f)) delegated to the responsibilities in connection with cottonseed oil, as authorized under Administrator, Farm Service Agency), international negotiations of the section 301(b)(2)(A) of the Disaster and other legislation affecting International Wheat Agreement and in Assistance Act of 1988, as amended (7 international agricultural trade the administration of such agreement. U.S.C. 1464 note). including the programs designed to (9) Provide foreign agricultural (19) Formulate policies and reduce foreign tariffs and other trade intelligence and other foreign implement a program for the export barriers. agricultural services in support of sales of dairy products, as authorized by 56434 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations section 1163 of the Food Security Act of employees of the Department. (35) Direct and coordinate the 1985 (7 U.S.C. 1731 note). Regulations will include, but not be Department’s participation in scientific (20) Carry out activities relating to the limited to, obtaining and controlling and technical matters and exchange sale, reduction, or cancellation of debt, passports, obtaining visas, coordinating agreements between the United States as authorized by title VI of the Department of State medical clearances and other countries. Agricultural Trade and Development and imposing requirements for (36) Direct and coordinate the Act of 1954, as amended (7 U.S.C. 1738 itineraries and contacting the Foreign Department’s work with international et seq.). Agricultural Affairs Officers upon organizations and interagency (21) Carry out debt-for-health-and- arrival in the Officers’ country(ies) of committees concerned with food and protection swaps, as authorized by responsibility. agricultural development programs (7 section 1517 of the Food, Agriculture, (26) Administer the Foreign Service U.S.C. 2201 and 2202). Conservation, and Trade Act of 1990 (7 personnel system for the Department in (37) Coordinate policy formulation for U.S.C. 1706). accordance with 22 U.S.C. 3922, except USDA international science and (22) Allocate among the various as otherwise delegated in § 2.80(a)(1), technology programs concerning export programs agricultural but including authority to represent the international agricultural research commodities determined under Department of Agriculture in all centers, international organizations, and § 2.16(a)(3)(xix) to be available for interagency consultations and international agricultural research and export. negotiations with the other foreign extension activities (7 U.S.C. 3291). (23) Maintain a worldwide agencies with respect to joint (38) Disseminate, upon request, agricultural intelligence and reporting regulations and authority to approve information on subjects connected with system, including provision for foreign regulations issued by the Department of agriculture which has been acquired by agricultural representation abroad to USDA agencies that may be useful to the State relating to the administration of protect and promote U.S. agricultural U.S. private sector in expanding foreign the Foreign Service. interests, and to acquire information on markets and investment opportunities (27) Establish and maintain U.S. demand, competition, marketing, and through the operation of a Department Agricultural Trade Offices to develop, distribution of U.S. agricultural information center, pursuant to 7 U.S.C. maintain and expand international commodities abroad pursuant to title VI 2201. of the Agricultural Act of 1954, as markets for U.S. agricultural (39) Enter into contracts, grants, amended (7 U.S.C. 1761–1768). commodities in accordance with title IV cooperative agreements, and cost (24) Plan and carry out programs and of Pub. L. No. 95–501 (7 U.S.C. 1765a– reimbursable agreements relating to activities under the foreign market g). agricultural research, extension, or promotion authority of the Wheat (28) Administer the programs under teaching activities (7 U.S.C. 3318, Research and Promotion Act (7 U.S.C. section 416(b) of the Agricultural Act of 3319a). 1292 note); the National Wool Act of 1949, as amended (7 U.S.C. 1431(b)), (40) Determine amounts reimbursable 1954, as amended (7 U.S.C. 1781–1787); relating to the foreign donation of CCC for indirect costs under international the Cotton Research and Promotion Act stocks of agricultural commodities, agricultural programs and agreements (7 (7 U.S.C. 2102–2118); section 610 of the except as otherwise delegated in U.S.C. 3319). Agricultural Act of 1970 (7 U.S.C. 2119); § 2.42(a)(43). (41) Administer the Cochran the Potato Research and Promotion Act (29) Administer section 214 of the Fellowship Program (7 U.S.C. 3293). (7 U.S.C. 2611–2627); the Egg Research Tobacco Adjustment Act of 1983 (7 (42) Determine quantity trigger levels and Consumer Information Act of 1974 U.S.C. 509). and impose additional duties under the (7 U.S.C. 2701–2718); the Beef Research (30) Administer section 1558 of the special safeguard measures in and Information Act, as amended (7 Food, Agriculture, Conservation, and accordance with U.S. note 2 to U.S.C. 2901–2918); the Wheat and Trade Act of 1990 (7 U.S.C. 958). subchapter IV of chapter 99 of the Wheat Foods Research and Nutrition (31) Administer programs under the Harmonized Tariff Schedule of the Education Act (7 U.S.C. 3401–3417); Food for Progress Act of 1985 (7 U.S.C. United States (19 U.S.C. 1202). subtitle B of title I of the Dairy and 1736o), except as otherwise delegated in (b) [Reserved] § 2.42(a)(43). Tobacco Adjustment Act of 1983 (7 Subpart GÐDelegations of Authority U.S.C. 4501–4513); the Pork Promotion, (32) Serve as Department adviser on policies, organizational arrangements, by the Under Secretary for Rural Research, and Consumer Information Economic and Community budgets, and actions to accomplish Act of 1985 (7 U.S.C. 4801–4819); the Development Pecan Promotion and Research Act of International Scientific and Technical 1990 (7 U.S.C. 6001–6013); the Cooperation in Food and Agriculture. § 2.45 Deputy Under Secretary for Rural Mushroom Promotion, Research, and (33) Administer and direct the Economic and Community Development. Consumer Information Act of 1990 (7 Department’s programs in international Pursuant to § 2.17(a), subject to U.S.C. 6101–6112); the Lime Research, development, technical assistance, and reservations in § 2.17(b), and subject to Promotion and Consumer Information training carried out under the Foreign policy guidance and direction by the Act of 1990 (7 U.S.C. 6201–6212); and Assistance Act, as amended, as Under Secretary, the following the Soybean Promotion, Research, and requested under such act (22 U.S.C. delegation of authority is made to the Consumer Information Act of 1990 (7 2151 et seq.). Deputy Under Secretary for Rural U.S.C. 6301–6311). This authority (34) Administer and coordinate Economic and Community includes determining the programs and assigned Departmental programs in Development, to be exercised only activities to be undertaken and assuring international research and scientific and during the absence or unavailability of that they are coordinated with the technical cooperation with other the Under Secretary: Perform all the overall departmental programs to governmental agencies, land grant duties and exercise all the powers develop foreign markets for U.S. universities, international organizations, which are now or which may hereafter agricultural products. international agricultural research be delegated to the Under Secretary for (25) Establish and administer centers, and other institutions (7 U.S.C. Rural Economic and Community regulations relating to foreign travel by 1624, 3291). Development. Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56435

§ 2.47 Administrator, Rural Utilities (7) Administer the Rural Wastewater (vii) Section 109 of the Act (42 U.S.C. Service. Treatment Circuit Rider Program (7 9609), with respect to the assessment of (a) Delegations. Pursuant to §§ 2.17 U.S.C. 1926 note). civil penalties for violations of section (a)(14) and (a)(16) through (a)(20), and (8) Collect, service, and liquidate 122 of the Act (42 U.S.C. 9622), and the subject to policy guidance and direction loans made, insured, or guaranteed by granting of awards to individuals by the Under Secretary for Rural the Rural Utilities Service or its providing information; Economic and Community predecessor agencies. (viii) Section 111(f) of the Act (42 Development, the following delegations (9) Administer the Federal Claims U.S.C. 9611(f)), with respect to the of authority are made by the Under Collection Act of 1966 (31 U.S.C. 3711 designation of officials who may Secretary for Rural Economic and et seq.), and joint regulations issued obligate money in the Hazardous Community Development to the pursuant thereto by the Attorney Substances Superfund; Administrator, Rural Utilities Service: General and the Comptroller General (4 (ix) Section 113(k) of the Act (42 (1) Administer the Rural CFR chapter II), with respect to the U.S.C. 9613(k)), with respect to Electrification Act of 1936, as amended claims of the Rural Utilities Service. establishing an administrative record (7 U.S.C. 901, et seq.) except for rural (10) Administer responsibilities and upon which to base the selection of a economic development loan and grant function assigned under the Defense response action and identifying and programs (7 U.S.C. 940c and 950aa, et Production Act of 1950, as amended (50 notifying potentially responsible parties; seq.): Provided, however, that the U.S.C. App. 2061 et seq.) and title VI of (x) Section 116(a) of the Act (42 Administrator may utilize consultants the Robert T. Stafford Disaster Relief U.S.C. 9616(a)), with respect to and attorneys for the provision of legal and Emergency Assistance Act (42 preliminary assessment and site services pursuant to 7 U.S.C. 918, with U.S.C. 5195 et seq.), relating to rural inspection of facilities; the concurrence of the General Counsel. development credit and financial (xi) Sections 117(a) and (c) of the Act (2) Administer the Rural assistance. (42 U.S.C. 9617(a) and (c)), with respect Electrification Act of 1938 (7 U.S.C. 903 (11) With respect to land and facilities to public participation in the note). (3) The Administrator, Rural Utilities under his or her authority, exercise the preparation of any plan for remedial Service is designated to serve as the functions delegated to the Secretary by action and explanation of variances chief executive officer of the Rural Executive Order 12580, 3 CFR, 1987 from the final remedial action plan for Telephone Bank. Comp., p. 193, under the following any remedial action or enforcement (4) Administer the following sections provisions of the Comprehensive action, including any settlement or of the Consolidated Farm and Rural Environmental Response, consent decree entered into; Development Act (7 U.S.C. 1921, et Compensation, and Liability Act of 1980 (xii) Section 119 of the Act (42 U.S.C. seq.): (‘‘the Act’’), as amended: 9119), with respect to indemnifying (i) Section 306 (7 U.S.C. 1926), related (i) Sections 104(a), (b), and (c)(4) of response action contractors; to water and waste facilities; the Act (42 U.S.C. 9604(a), (b), and (xiii) Section 121 of the Act (42 U.S.C. (ii) Section 306A (7 U.S.C. 1926a); (c)(4)), with respect to removal and 9621), with respect to cleanup (iii) Section 306B (7 U.S.C. 1926b); remedial actions in the event of release standards; and (iv) Section 306C (7 U.S.C. 1926c); or threatened release of a hazardous (xiv) Section 122 of the Act (42 U.S.C. (v) Sections 309 (7 U.S.C. 1929) and substance, pollutant, or contaminant 9622), with respect to settlements, but 309A (7 U.S.C. 1929a), relating to assets into the environment; excluding section 122(b)(1) of the Act and programs related to watershed (ii) Sections 104(e)–(h) of the Act (42 (42 U.S.C. 9622(b)(1)), related to mixed facilities, resource and conservation U.S.C. 9604(e)–(h)), with respect to funding agreements. facilities, and water and waste facilities; information gathering and access (12) With respect to facilities and (vi) Section 310A (7 U.S.C. 1931), requests and orders; compliance with activities under his or her authority, to relating to watershed and resource Federal health and safety standards and exercise the authority of the Secretary of conservation and development; wage and labor standards applicable to Agriculture pursuant to section 1–102 (vii) Section 310B(b) (7 U.S.C. covered work; and emergency related to compliance with applicable 1932(b)); procurement powers; pollution control standards and section (viii) Section 310B(i)), relating to (iii) Section 104(i)(11) of the Act (42 loans for business telecommunications 1–601 of Executive Order 12088, 3 CFR, U.S.C. 9604(i)(11)), with respect to the partnerships; 1978 Comp., p. 243, to enter into an (ix) Section 342 (7 U.S.C. 1013a); and reduction of exposure to significant risk inter-agency agreement with the United (x) Administrative Provisions of to human health; States Environmental Protection subtitle D of the Consolidated Farm and (iv) Section 104(j) of the Act (42 Agency, or an administrative consent Rural Development Act relating to Rural U.S.C. 9604(j)), with respect to the order or a consent judgment in an Utilities Service activities; acquisition of real property and interests appropriate State, interstate, or local (5) Administer section 8, and those in real property required to conduct a agency, containing a plan and schedule functions with respect to repayment of remedial action; to achieve and maintain compliance obligations under section 4, of the (v) The first two sentences of section with applicable pollution control Watershed Protection and Flood 105(d) of the Act (42 U.S.C. 9605(d)), standards established pursuant to the Prevention Act (16 U.S.C. 1006a, 1004) with respect to petitions for preliminary following: and administer the Resource assessment of a release or threatened (i) Solid Waste Disposal Act, as Conservation and Development Program release; amended by the Resource Conservation to assist in carrying out resource (vi) Section 105(f) of the Act (42 and Recovery Act, as further amended conservation and development projects U.S.C. 9605(f)), with respect to by the Hazardous and Solid Waste in rural areas under section 32(e) of the consideration of the availability of Amendments, and the Federal Facility Bankhead-Jones Farm Tenant Act (7 qualified minority firms in awarding Compliance Act (42 U.S.C. 6901 et seq.); U.S.C. 1011(e)). contracts, but excluding that portion of (ii) Federal Water Pollution (6) Administer the Water and Waste section 105(f) pertaining to the annual Prevention and Control Act, as amended Loan Program (7 U.S.C. 1926–1). report to Congress; (33 U.S.C. 1251 et seq.); 56436 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations

(iii) Safe Drinking Water Act, as (iv) Section 310B (7 U.S.C. 1932), (iii) Stationing representatives at such amended (42 U.S.C. 300f et seq.); relating to rural industrialization institutions or organizations in foreign (iv) Clean Air Act, as amended (42 assistance, rural business enterprise countries (7 U.S.C. 3291). U.S.C. 7401 et seq.); grants and rural technology and (14) Collect, service, and liquidate (v) Noise Control Act of 1972, as cooperative development grants; loans made, insured, or guaranteed by amended (42 U.S.C. 4901 et seq.); (v) Section 312(b) (7 U.S.C. 1942(b)), the Rural Business and Cooperative (vi) Toxic Substances Control Act, as relating to small business enterprises; Development Service or its predecessor amended (15 U.S.C. 2601 et seq.); and agencies. (vii) Federal Insecticide, Fungicide, (vi) Administrative Provisions of (15) Administer the Federal Claims and Rodenticide Act, as amended (7 subtitle D of the Consolidated Farm and Collection Act of 1966 (31 U.S.C. 3711 U.S.C. 136 et seq.); and Rural Development Act relating to Rural et seq.), and joint regulations issued (viii) Comprehensive Environmental Business and Cooperative Development pursuant thereto by the Attorney Response, Compensation, and Liability Service activities; General and the Comptroller General (4 Act of 1980, as amended by the (3) Administer Alcohol Fuels Credit CFR chapter II), with respect to the Superfund Amendments and claims of the Rural Business and Reauthorization Act of 1986 (42 U.S.C. Guarantee Program Account (Pub L. No. 102–341, 106 Stat. 895). Cooperative Development Service. 9601 et seq.). (16) Administer responsibilities and (13) Administer the Distance Learning (4) Administer section 1323 of the Food Security Act of 1985 (7 U.S.C. functions assigned under the Defense and Medical Link Programs (7 U.S.C. Production Act of 1950, as amended (50 950aaa et seq.). 1932 note). (5) Administer loan programs in the U.S.C. App. 2061 et seq.), and title VI (14) Administer water and waste of the Robert T. Stafford Disaster Relief facility programs and activities (7 U.S.C. Appalachian region under sections 203 and Assistance Act (42 U.S.C. 5195 et 1926–1). and 204 of the Appalachian Regional seq.), relating to rural development (b) Reservations. The following Development Act of 1965 (40 U.S.C. authority is reserved to the Under App. 204). credit and financial assistance. (17) With respect to land and facilities Secretary for Rural Economic and (6) Administer section 601 of the under his or her authority, exercise the Community Development: Powerplant and Industrial Fuel Use Act (1) Making and issuing notes to the of 1978 (Pub. L. No. 95–620). functions delegated to the Secretary by Secretary of the Treasury for the (7) Administer the Drought and Executive Order 12580, 3 CFR, 1987 purposes of the Rural Development Disaster Guaranteed Loan program Comp., p. 193, under the following Insurance Fund as authorized by the under section 331 of the Disaster provisions of the Comprehensive Consolidated Farm and Rural Assistance Act of 1988 (7 U.S.C. 1929a Environmental Response, Development Act (7 U.S.C. 1929a). note). Compensation, and Liability Act of 1980 (‘‘the Act’’), as amended: (2) Administering loans for rural (8) Administer the Disaster Assistance (i) Sections 104 (a), (b), and (c)(4) of telephone facilities and service in rural for Rural Business Enterprises the Act (42 U.S.C. 9604 (a), (b), and areas as authorized by the Consolidated Guaranteed Loan Program under section (c)(4)), with respect to removal and Farm and Rural Development Act (7 401 of the Disaster Assistance Act of remedial actions in the event of release U.S.C. 1921 et seq.). 1989 (7 U.S.C. 1929a note). or threatened release of a hazardous (9) Administer the Rural Economic § 2.48 Administrator, Rural Business and substance, pollutant, or contaminant Development Demonstration Grant Cooperative Development Service. into the environment; Program (7 U.S.C. 2662a). (a) Delegations. Pursuant to § 2.17 (ii) Sections 104(e)–(h) of the Act (42 (10) Administer the Economically (a)(1), (a)(2), (a)(14), (a)(16) through U.S.C. 9604(e)–(h)), with respect to Disadvantaged Rural Community Loan (a)(19) and (a)(21), subject to information gathering and access program (7 U.S.C. 6616). reservations in § 2.17(b)(1), and subject requests and orders; compliance with to policy guidance and direction by the (11) Administer programs authorized Federal health and safety standards and Under Secretary for Rural Economic and by the Cooperative Marketing Act of wage and labor standards applicable to Community Development, the following 1926 (7 U.S.C. 451–457). covered work; and emergency delegations of authority are made by the (12) Carry out the responsibilities of procurement powers; Under Secretary for Rural Economic and the Secretary of Agriculture relating to (iii) Section 104(i)(11) of the Act (42 Community Development to the the marketing aspects of cooperatives, U.S.C. 9604(i)(11)), with respect to the Administrator, Rural Business and including economic research and reduction of exposure to significant risk Cooperative Development Service: analysis, the application of economic to human health; (1) Administer the rural economic research findings, technical assistance (iv) Section 104(j) of the Act (42 development loan and grant programs to existing and developing cooperatives, U.S.C. 9604(j)), with respect to the under the Rural Electrification Act (7 education on cooperatives, and acquisition of real property and interests U.S.C. 940c and 950aa et seq.). statistical information pertaining to in real property required to conduct a (2) Administer the following sections cooperatives as authorized by the remedial action; of the Consolidated Farm and Rural Agricultural Marketing Act of 1946 (7 (v) The first two sentences of section Development Act (7 U.S.C. 1921 et seq.): U.S.C. 1621–1627). 105(d) of the Act (42 U.S.C. 9605(d)), (i) Section 306(a)(11)(A) (7 U.S.C. (13) Work with institutions and with respect to petitions for preliminary 1926(a)(11)(A)), related grants for international organizations throughout assessment of a release or threatened business technical assistance and the world on subjects related to the release; planning; development and operation of (vi) Section 105(f) of the Act (42 (ii) Section 304(b) (7 U.S.C. 1924(b)), agricultural cooperatives. Such work U.S.C. 9605(f)), with respect to relating to small business enterprises; may be carried out by: consideration of the availability of (iii) Sections 309 (7 U.S.C. 1929) and (i) Exchanging materials and results qualified minority firms in awarding 309A (7 U.S.C. 1929a), relating to assets with such institutions or organizations; contracts, but excluding that portion of and programs related to rural (ii) Engaging in joint or coordinated section 105(f) pertaining to the annual development; activities; or report to Congress; Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56437

(vii) Section 109 of the Act (42 U.S.C. (iii) Safe Drinking Water Act, as (24) Develop a process through which 9609), with respect to the assessment of amended (42 U.S.C. 300f et seq.); State, sub-state and local rural civil penalties for violations of section (iv) Clean Air Act, as amended (42 development needs, goals, objectives, 122 of the Act (42 U.S.C. 9622), and the U.S.C. 7401 et seq.); plans, and recommendations can be granting of awards to individuals (v) Noise Control Act of 1972, as received and assessed on a continuing providing information; amended (42 U.S.C. 4901 et seq.); basis (7 U.S.C. 2204b). (viii) Section 111(f) of the Act (42 (vi) Toxic Substances Control Act, as (25) Prepare local or area-wide rural U.S.C. 9611(f)), with respect to the amended (15 U.S.C. 2601 et seq.); development strategies based on the designation of officials who may (vii) Federal Insecticide, Fungicide, needs, goals, objectives, plans and obligate money in the Hazardous and Rodenticide Act, as amended (7 recommendations of local communities, Substances Superfund; U.S.C. 136 et seq.); and sub-state areas and States (7 U.S.C. (ix) Section 113(k) of the Act (42 (viii) Comprehensive Environmental 2204b). U.S.C. 9613(k)), with respect to Response, Compensation, and Liability (26) Develop a system of outreach in establishing an administrative record Act of 1980, as amended by the the State or local area to promote rural upon which to base the selection of a Superfund Amendments and development and provide for the response action and identifying and Reauthorization Act of 1986 (42 U.S.C. publication and dissemination of notifying potentially responsible parties; 9601 et seq.). information, through multi-media (19) Administer in rural areas the (x) Section 116(a) of the Act (42 methods, relating to rural development. process of designation, provision of U.S.C. 9616(a)), with respect to Advise local rural development monitoring and oversight, and provision preliminary assessment and site organizations of availability of Federal of technical assistance for inspection of facilities; programs and the type of assistance Empowerment Zones and Enterprise available, and assist in making contact (xi) Sections 117 (a) and (c) of the Act Communities pursuant to section 13301 (42 U.S.C. 9617 (a) and (c)), with respect with Federal program contact (7 U.S.C. of Pub. L. No. 103–66, Omnibus Budget 2204; 7 U.S.C. 2204b). to public participation in the Reconciliation Act of 1993 (26 U.S.C. preparation of any plan for remedial (b) Reservation. The following 1391 et seq.). authority is reserved to the Under action and explanation of variances (20) Provide leadership and from the final remedial action plan for Secretary for Rural Economic and coordination within the executive Community Development: Making and any remedial action or enforcement branch at the state and local level of action, including any settlement or issuing notes to the Secretary of the Federal rural development program Treasury for the purposes of the Rural consent decree entered into; utilizing the services of executive (xii) Section 119 of the Act (42 U.S.C. Development Insurance Fund as branch departments and agencies and authorized by the Consolidated Farm 9119), with respect to indemnifying the agencies, bureaus, offices, and response action contractors; and Rural Development Act (7 U.S.C. services of the Department of 1929a). (xiii) Section 121 of the Act (42 U.S.C. Agriculture in coordination with rural 9621), with respect to cleanup development programs of State and § 2.49 Administrator, Rural Housing and standards; and local governments (7 U.S.C. 2204). Community Development Service. (xiv) Section 122 of the Act (42 U.S.C. (21) Coordinate, at the state and local (a) Delegations. Pursuant to 9622), with respect to settlements, but level, activities relative to rural § 2.17(a)(14), (a)(16) through (a)(19) and excluding section 122(b)(1) of the Act development among agencies reporting (a)(22), and subject to policy guidance (42 U.S.C. 9622(b)(1)), related to mixed to the Under Secretary for Rural and directions by the Under Secretary funding agreements. Economic and Community Development for Rural Economic and Community (18) With respect to facilities and and, through appropriate channels, Development, the following delegations activities under his or her authority, to serve as the coordinating agency for are made by the Under Secretary for exercise the authority of the Secretary of other departmental agencies having Rural Economic and Community Agriculture pursuant to section 1–102 primary responsibilities, in coordination Development to the Administrator, related to compliance with applicable with rural development programs of Rural Housing and Community pollution control standards and section State and local governments (7 U.S.C. Development Service: 1–601 of Executive Order 12088, 3 CFR, 2204). (1) Administer the following under 1978 Comp., p. 243, to enter into an (22) Work with Federal agencies in the Consolidated Farm and Rural inter-agency agreement with the United encouraging the creation of local rural Development Act (7 U.S.C. 1921 et seq.): States Environmental Protection community development organizations. (i) Section 306 (7 U.S.C. 1926), except Agency, or an administrative consent Within a State, assist other Federal with respect to financing for water and order or a consent judgment in an agencies in developing means for waste disposal facilities; or loans for appropriate State, interstate, or local extending their services effectively to rural electrification or telephone agency, containing a plan and schedule rural areas and in designating pilot systems or facilities other than to achieve and maintain compliance projects in rural areas (7 U.S.C. 2204). hydroelectric generating and related with applicable pollution control (23) Conduct assessments to distribution systems and supplemental standards established pursuant to the determine how programs of the and supporting structures if they are following: Department can be brought to bear on eligible for Rural Utilities Service (i) Solid Waste Disposal Act, as the economic development problems of financing; and financing for grazing amended by the Resource Conservation a State or local area and assure that local facilities and irrigation and drainage and Recovery Act, as further amended groups are receiving adequate and facilities; and subsection 306(a)(11); by the Hazardous and Solid Waste effective technical assistance from (ii) Section 309A (7 U.S.C. 1929a), Amendments, and the Federal Facility Federal agencies or from local and State regarding assets and programs relating Compliance Act (42 U.S.C. 6901 et seq.); governments in formulating to community facilities; and (ii) Federal Water Pollution development programs and in carrying (iii) Administrative Provisions of Prevention and Control Act, as amended out planned development activities (7 subtitle D of the Consolidated Farm and (33 U.S.C. 1251 et seq.); U.S.C. 2204b). Rural Development Act relating to Rural 56438 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations

Housing and Community Development housing and community development (xi) Sections 117 (a) and (c) of the Act Service activities; credit and financial assistance. (42 U.S.C. 9617 (a) and (c)), with respect (2) Administer title V of the Housing (9) With respect to land and facilities to public participation in the Act of 1949 (42 U.S.C. 1471 et seq.), under his or her authority, exercise the preparation of any plan for remedial except those functions pertaining to functions delegated to the Secretary by action and explanation of variances research. Executive Order 12580, 3 CFR, 1987 from the final remedial action plan for (3) Make grants, administer a grant Comp., p. 193, under the following any remedial action or enforcement program, and determine the types of provisions of the Comprehensive action, including any settlement or assistance to be provided to aid low- Environmental Response, consent decree entered into; income migrant and seasonal Compensation, and Liability Act of 1980 (xii) Section 119 of the Act (42 U.S.C. farmworkers (42 U.S.C. 5177a). (‘‘the Act’’), as amended: 9119), with respect to indemnifying (4) Administer the rural housing (i) Sections 104 (a), (b), and (c)(4) of response action contractors; disaster program under sections 232, the Act (42 U.S.C. 9604(a), (b), and (xiii) Section 121 of the Act (42 U.S.C. 234, and 253 of the Disaster Relief Act (c)(4)), with respect to removal and 9621), with respect to cleanup of 1970 (Pub. L. No. 91–606). remedial actions in the event of release standards; and (5) Collect, service, and liquidate or threatened release of a hazardous (xiv) Section 122 of the Act (42 U.S.C. loans made, insured or guaranteed by substance, pollutant, or contaminant 9622), with respect to settlements, but the Rural Housing and Community into the environment; excluding section 122(b)(1) of the Act Development Service or its predecessor (ii) Sections 104(e)–(h) of the Act (42 (42 U.S.C. 9622(b)(1)), related to mixed agencies. U.S.C. 9604(e)–(h)), with respect to funding agreements. (6) Exercise all authority and information gathering and access (10) With respect to facilities and discretion vested in the Secretary by requests and orders; compliance with activities under his or her authority, to section 510(d) of the Housing Act of Federal health and safety standards and exercise the authority of the Secretary of 1949, as amended by section 1045 of the wage and labor standards applicable to Agriculture pursuant to section 1–102 Stewart B. McKinney Homeless covered work; and emergency related to compliance with applicable Assistance Amendments Act of 1988, procurement powers; pollution control standards and section Pub. L. No. 100–628 (42 U.S.C. 1480(d)), (iii) Section 104(i)(11) of the Act (42 1–601 of Executive Order 12088, 3 CFR, including the following: U.S.C. 9604(i)(11)), with respect to the 1978 Comp., p. 243, to enter into an (i) Determine, with the concurrence of inter-agency agreement with the United the General Counsel, which actions are reduction of exposure to significant risk to human health; States Environmental Protection to be referred to the Department of Agency, or an administrative consent Justice for the conduct of litigation, and (iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to the order or a consent judgment in an refer such actions to the Department of appropriate State, interstate, or local Justice through the General Counsel; acquisition of real property and interests in real property required to conduct a agency, containing a plan and schedule (ii) Determine, with the concurrence to achieve and maintain compliance of the General Counsel, which actions remedial action; (v) The first two sentences of section with applicable pollution control are to be referred to the General Counsel standards established pursuant to the for the conduct of litigation and refer 105(d) of the Act (42 U.S.C. 9605(d)), with respect to petitions for preliminary following: such actions; and (i) Solid Waste Disposal Act, as (iii) Enter into contracts with private assessment of a release or threatened release; amended by the Resource Conservation sector attorneys for the conduct of and Recovery Act, as further amended (vi) Section 105(f) of the Act (42 litigation, with the concurrence of the by the Hazardous and Solid Waste U.S.C. 9605(f)), with respect to General Counsel, after determining that Amendments, and the Federal Facility consideration of the availability of the attorneys will provide competent Compliance Act (42 U.S.C. 6901 et seq.); qualified minority firms in awarding and cost effective representation for the (ii) Federal Water Pollution contracts, but excluding that portion of Rural Housing and Community Prevention and Control Act, as amended section 105(f) pertaining to the annual Development Service and representation (33 U.S.C. 1251 et seq.); by the attorney will either accelerate the report to Congress; (iii) Safe Drinking Water Act, as process by which a family or person (vii) Section 109 of the Act (42 U.S.C. amended (42 U.S.C. 300f et seq.); eligible for assistance under section 502 9609), with respect to the assessment of (iv) Clean Air Act, as amended (42 of the Housing Act of 1949 will be able civil penalties for violations of section U.S.C. 7401 et seq.); to purchase and occupy the housing 122 of the Act (42 U.S.C. 9622), and the (v) Noise Control Act of 1972, as involved, or preserve the quality of the granting of awards to individuals amended (42 U.S.C. 4901 et seq.); housing involved. providing information; (vi) Toxic Substances Control Act, as (7) Administer the Federal Claims (viii) Section 111(f) of the Act (42 amended (15 U.S.C. 2601 et seq.); Collection Act of 1966 (31 U.S.C. 3711 U.S.C. 9611(f)), with respect to the (vii) Federal Insecticide, Fungicide, et seq.), and joint regulations issued designation of officials who may and Rodenticide Act, as amended (7 pursuant thereto by the Attorney obligate money in the Hazardous U.S.C. 136 et seq.); and General and the Comptroller General (4 Substances Superfund; (viii) Comprehensive Environmental CFR chapter II), with respect to claims (ix) Section 113(k) of the Act (42 Response, Compensation, and Liability of the Rural Housing and Community U.S.C. 9613(k)), with respect to Act of 1980, as amended by the Development Service. establishing an administrative record Superfund Amendments and (8) Administer responsibilities and upon which to base the selection of a Reauthorization Act of 1986 (42 U.S.C. function assigned under the Defense response action and identifying and 9601 et seq.). Production Act of 1950, as amended (50 notifying potentially responsible parties; (b) Reservation. The following U.S.C. App. 2061 et seq.) and title VI of (x) Section 116(a) of the Act (42 authority is reserved to the Under the Robert T. Stafford Disaster Relief U.S.C. 9616(a)), with respect to Secretary for Rural Economic and and Emergency Assistance Act (42 preliminary assessment and site Community Development: Making and U.S.C. 5195 et seq.), relating to rural inspection of facilities; issuing notes to the Secretary of the Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56439

Treasury for the purposes the Rural States in administration of the Federal (ix) Section 113(k) of the Act (42 Development Insurance Fund as Meat Inspection Act and the Poultry U.S.C. 9613(k)), with respect to authorized by the Consolidated Farm Products Inspection Act; establishing an administrative record and Rural Development Act (7 U.S.C. (v) Humane Slaughter Act (7 U.S.C. upon which to base the selection of a 1929(a)) and the Rural Housing 1901–1906); and response action and identifying and Insurance Fund as authorized by title V (vi) Defense Production Act of 1950, notifying potentially responsible parties; of the Housing Act of 1949 (41 U.S.C. as amended (50 U.S.C. App. 2061 et (x) Section 116(a) of the Act (42 1487). seq.), and title VI of the Robert T. U.S.C. 9616(a)), with respect to Stafford Disaster Relief and Emergency preliminary assessment and site Subpart HÐDelegations of Authority Assistance Act (42 U.S.C. 5195 et seq.), inspection of facilities; by the Under Secretary for Food Safety relating to wholesomeness of meat and (xi) Sections 117 (a) and (c) of the Act poultry and products thereof and (42 U.S.C. 9617 (a) and (c)), with respect § 2.51 Deputy Under Secretary for Food inspection of egg and egg products. Safety. to public participation in the (3) With respect to land and facilities preparation of any plan for remedial Pursuant to § 2.18, and subject to under his or her authority, exercise the action and explanation of variances policy guidance and direction by the functions delegated to the Secretary by from the final remedial action plan for Under Secretary, the following Executive Order 12580, 3 CFR, 1987 any remedial action or enforcement delegation of authority is made by the Comp., p. 193, under the following action, including any settlement or Under Secretary for Food Safety to the provisions of the Comprehensive consent decree entered into; Deputy Under Secretary for Food Safety, Environmental Response, to be exercised only during the absence (xii) Section 119 of the Act (42 U.S.C. Compensation, and Liability Act of 1980 9119), with respect to indemnifying or unavailability of the Under Secretary: (‘‘the Act’’), as amended: Perform all the duties and exercise all response action contractors; (i) Sections 104 (a), (b), and (c)(4) of (xiii) Section 121 of the Act (42 U.S.C. the powers which are now or which the Act (42 U.S.C. 9604 (a), (b), and may hereafter be delegated to the Under 9621), with respect to cleanup (c)(4)), with respect to removal and standards; and Secretary for Farm and Foreign remedial actions in the event of release Agricultural Services. (xiv) Section 122 of the Act (42 U.S.C. or threatened release of a hazardous 9622), with respect to settlements, but § 2.53 Administrator, Food Safety and substance, pollutant, or contaminant excluding section 122(b)(1) of the Act Inspection Service. into the environment; (42 U.S.C. 9622(b)(1)), related to mixed (ii) Sections 104(e)–(h) of the Act (42 funding agreements. (a) Delegations. Pursuant to § 2.18, the U.S.C. 9604(e)–(h)), with respect to (4) With respect to facilities and following delegations of authority are information gathering and access activities under his or her authority, to made by the Under Secretary for Food requests and orders; compliance with exercise the authority of the Secretary of Safety to the Administrator, Food Safety Federal health and safety standards and Agriculture pursuant to section 1–102 and Inspection Service: wage and labor standards applicable to related to compliance with applicable (1) Exercise the functions of the covered work; and emergency pollution control standards and section Secretary of Agriculture contained in procurement powers; the Agricultural Marketing Act of 1946, (iii) Section 104(i)(11) of the Act (42 1–601 of Executive Order 12088, 3 CFR, as amended (7 U.S.C. 1621–1627), U.S.C. 9604(i)(11)), with respect to the 1978 Comp., p. 243, to enter into an relating to voluntary inspection of reduction of exposure to significant risk inter-agency agreement with the United poultry and edible products thereof; to human health; States Environmental Protection voluntary inspection and certification of (iv) Section 104(j) of the Act (42 Agency, or an administrative consent technical animal fat; certified products U.S.C. 9604(j)), with respect to the order or a consent judgment in an for dogs, cats and other carnivora; acquisition of real property and interests appropriate State, interstate, or local voluntary inspection of rabbits and in real property required to conduct a agency, containing a plan and schedule edible products thereof; and voluntary remedial action; to achieve and maintain compliance inspection and certification of edible (v) The first two sentences of section with applicable pollution control meat and other products. 105(d) of the Act (42 U.S.C. 9605(d)), standards established pursuant to the (2) Exercise the functions of the with respect to petitions for preliminary following: Secretary of Agriculture contained in assessment of a release or threatened (i) Solid Waste Disposal Act, as the following legislation: release; amended by the Resource Conservation (i) Poultry Products Inspection Act, as (vi) Section 105(f) of the Act (42 and Recovery Act, as further amended amended (21 U.S.C. 451–470); U.S.C. 9605(f)), with respect to by the Hazardous and Solid Waste (ii) Federal Meat Inspection Act, as consideration of the availability of Amendments, and the Federal Facility amended, and related legislation, qualified minority firms in awarding Compliance Act (42 U.S.C. 6901 et seq.); excluding sections 12–14, and also contracts, but excluding that portion of (ii) Federal Water Pollution excluding so much of section 18 as section 105(f) pertaining to the annual Prevention and Control Act, as amended pertains to issuance of certificates of report to Congress; (33 U.S.C. 1251 et seq.); condition of live animals intended and (vii) Section 109 of the Act (42 U.S.C. (iii) Safe Drinking Water Act, as offered for export (21 U.S.C. 601–611, 9609), with respect to the assessment of amended (42 U.S.C. 300f et seq.); 615–624, 641–645, 661, 671–680, 691– civil penalties for violations of section (iv) Clean Air Act, as amended (42 692, 694–695); 122 of the Act (42 U.S.C. 9622), and the U.S.C. 7401 et seq.); (iii) Egg Products Inspection Act, granting of awards to individuals (v) Noise Control Act of 1972, as except for the shell egg surveillance providing information; amended (42 U.S.C. 4901 et seq.); program, voluntary laboratory analyses (viii) Section 111(f) of the Act (42 (vi) Toxic Substances Control Act, as of egg products, and the voluntary egg U.S.C. 9611(f)), with respect to the amended (15 U.S.C. 2601 et seq.); grading program (21 U.S.C. 1031–1056); designation of officials who may (vii) Federal Insecticide, Fungicide, (iv) Talmadge-Aiken Act (7 U.S.C. obligate money in the Hazardous and Rodenticide Act, as amended (7 450) with respect to cooperation with Substances Superfund; U.S.C. 136 et seq.); and 56440 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations

(viii) Comprehensive Environmental agricultural commodities and other T. Stafford Disaster Relief and Response, Compensation, and Liability foods under section 6 thereof; Emergency Assistance Act (42 U.S.C. Act of 1980, as amended by the (iii) Child Nutrition Act of 1966, as 5179). Superfund Amendments and amended (42 U.S.C. 1771–1790); (4) In connection with the functions Reauthorization Act of 1986 (42 U.S.C. (iv) Sections 933–939 of the Food, assigned in paragraphs (a)(1), (a)(2), and 9601 et seq.). Agriculture, Conservation, and Trade (a)(3) of this section, relating to the (5) Administer the National Act Amendments of 1991 (7 U.S.C. 5930 distribution and donation of agricultural Laboratory Accreditation Program (7 note); and commodities and products thereof and U.S.C. 138–138i) with respect to (v) Section 301 of the Healthy Meals food coupons to eligible recipients, laboratories accredited only for for Healthy Americans Act of 1994 (Pub. authority to determine the requirements pesticide residue analysis in meat and L. No. 103–448). for such agricultural commodities and poultry products. (2) Administer those functions products thereof and food coupons to be (6) Administer and conduct a food relating to the distribution and donation so distributed. safety research program (7 U.S.C. 427). of agricultural commodities and (5) Receive donation of food (7) Coordinate with the Animal and products thereof under the following commodities under clause (3) of section Plant Health Inspection Service the legislation: 416(a) of the Agricultural Act of 1949, administration of programs relating to (i) Clause (3) of section 416(a) of the as amended, section 709 of the Food human pathogen reduction (such as Agricultural Act of 1949, as amended (7 and Agriculture Act of 1965, as salmonella enteritidis) pursuant to U.S.C. 1431(a)), except the estimate and amended, section 5 of the Agriculture section 2 of the Act of February 2, 1903, announcement of the types and varieties and Consumer Protection Act of 1973, as amended (21 U.S.C. 111), and of food commodities, and the quantities section 1114(a) of the Agriculture and sections 4 and 5 of the Act of May 29, thereof, to become available for Food Act of 1981, and section 202(a) 1884, as amended (21 U.S.C. 120). distribution thereunder; and 202A of the Emergency Food (8) Enter into contracts, grants, or (ii) Section 709 of the Food and Assistance Act of 1983. cooperative agreements to further Agriculture Act of 1965, as amended (7 (6) Authorize defense emergency food research programs in the agricultural U.S.C. 1446a–1); stamp assistance. sciences (7 U.S.C. 3318). (iii) Section 32 of the Act of August (7) Develop and implement USDA (b) [Reserved] 24, 1935, as amended (7 U.S.C. 612c), as policy and procedural guidelines for supplemented by the Act of June 28, carrying out the Department’s Consumer Subpart IÐDelegations of Authority by 1937 (15 U.S.C. 713c), and related Affairs Plan. the Under Secretary for Food, legislation; (8) Advise the Secretary and other Nutrition, and Consumer Services (iv) Section 9 of the Act of September policy level officials of the Department 6, 1958 (7 U.S.C. 1431b); on consumer affairs policies and § 2.55 Deputy Under Secretary for Food, (v) Section 210 of the Agricultural Act Nutrition, and Consumer Services. programs. of 1956 (7 U.S.C. 1859), except with (9) Coordinate USDA consumer affairs Pursuant to § 2.19(a), subject to respect to donations to Federal penal activities and monitor and analyze reservations in § 2.19(b), and subject to and correctional institutions; agency procedures and performance. policy guidance and direction by the (vi) Section 402 of the Mutual (10) Represent the Department at Under Secretary, the following Security Act of 1954, as amended (22 conferences, meetings and other delegation of authority is made by the U.S.C. 1922); contacts where consumer affairs issues Under Secretary for Food, Nutrition, (vii) Section 311 of the Older are discussed, including liaison with the and Consumer Services to the Deputy Americans Act of 1965, as amended (42 White House and other governmental Under Secretary for Food, Nutrition and U.S.C. 3030a); agencies and departments. Consumer Services, to be exercised only (viii) Sections 412 and 413(b) of the (11) Work with the Office of Budget during the absence or unavailability of Robert T. Stafford Disaster Relief and and Program Analysis and the Office of the Under Secretary: Perform all the Emergency Assistance Act (42 U.S.C. Communications to ensure coordination duties and exercise all the powers 5179, 5180(b)); of USDA consumer affairs and public which are now or which may hereafter (ix) Sections 4 and 5 of the participation programs, policies and be delegated to the Under Secretary for Agriculture and Consumer Protection information, and to prevent duplication Food, Nutrition, and Consumer Act of 1973, as amended (7 U.S.C. 612c of responsibilities. Services. note); (12) Serve as a consumer ombudsman (x) Section 1114 of the Agriculture and communication link between § 2.57 Administrator, Food and Consumer and Food Act of 1981, as amended (7 Service. consumers and the Department. U.S.C. 1431e); (13) Approve the designation of (a) Delegations. Pursuant to (xi) Section 1336 of the Agriculture agency Consumer Affairs Contacts. § 2.19(a)(1), (a)(2) and (a)(5), subject to and Food Act of 1981 (Pub. L. No. 97– (b) [Reserved] reservations in § 2.19(b)(1), the 98); following delegations of authority are (xii) Emergency Food Assistance Act Subpart JÐDelegations of Authority by made by the Under Secretary for Food, of 1983 (7 U.S.C. 612c note); the Under Secretary for Natural Nutrition, and Consumer Services to the (xiii) Sections 3(b)–(i), 3A and 4 of the Resources and Environment Administrator, Food and Consumer Commodity Distribution Reform Act Service: and WIC Amendments of 1987 (7 U.S.C. § 2.59 Deputy Under Secretaries for (1) Administer the following 612c note); and Natural Resources and Environment. legislation: (xiv) Section 110 of the Hunger Pursuant to § 2.20(a), subject to (i) The Food Stamp Act of 1977, as Prevention Act of 1988 (7 U.S.C. 612c reservations in § 2.20(b), and subject to amended (7 U.S.C. 2011–2032); note). policy guidance and direction by the (ii) National School Lunch Act of (3) Administer those functions Under Secretary, the following 1946, as amended (42 U.S.C. 1751– relating to the distribution of food delegation of authority is made by the 1769h), except procurement of coupons under section 412 of the Robert Under Secretary for Natural Resources Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56441 and Environment to the Deputy Under L. No. 591, 76th Cong., 54 Stat. 299; or ordinances, within the boundaries of Secretaries for Natural Resources and Pub. L. No. 637, 76th Cong., 54 Stat. the National Forest System. Environment, to be exercised only 402; Pub. L. No. 781, 84th Cong., 70 (7) Administer programs under during the absence or unavailability of Stat. 632) is limited to acquisitions of section 23 of the Federal Highway Act the Under Secretary: Perform all the less than $250,000 in value. (23 U.S.C. 101(a), 120(f), 125(a)–(c), 138, duties and exercise all the powers (3) As necessary for administrative 202(a)–(b), 203, 204(a)–(h), 205(a)–(d), which are now or which may hereafter purposes, divide into and designate as 211, 317, 401(a)). be delegated to the Under Secretary for national forests any lands of 3,000 acres (8) Administer provisions of the Natural Resources and Environment. or less which are acquired under or Surface Mining Control and Provided, that, except in the absence of subject to the Weeks Act of March 1, Reclamation Act of 1977 (30 U.S.C. both the Under Secretary and a Deputy 1911, as amended, and which are 1272, 1305) as they relate to Under Secretary, this authority shall be contiguous to existing national forest management of the National Forest exercised by the respective Deputy boundaries established under the System. Under Secretary only with respect to the authority of the Weeks Act. (9) Conduct, support, and cooperate area or responsibility assigned to him or (4) Plan and administer wildlife and in investigations, experiments, tests, her. fish conservation rehabilitation and and other activities deemed necessary to § 2.60 Chief, Forest Service. habitat management programs on obtain, analyze, develop, demonstrate, National Forest System lands, pursuant and disseminate scientific information (a) Delegations. Pursuant to to 16 U.S.C. 670g, 670h, and 670o. about protecting, managing, and § 2.20(a)(1), (a)(2), (a)(6), (a)(7)(ii) and (5) For the purposes of the National utilizing forest and rangeland renewable (a)(8), the following delegations of Forests System Drug Control Act of 1986 resources in rural, suburban, and urban authority are made by the Under (16 U.S.C. 559–f), specifically designate areas in the United States and foreign Secretary for Natural Resources and Environment to the Chief of the Forest certain specially trained officers and countries. The activities conducted, Service: employees of the Forest Service, not supported, or cooperated in shall (1) Provide national leadership in exceeding 500, to have authority in the include, but not be limited to: forestry. (As used here and elsewhere in performance of their duties within the renewable resource management this section, the term ‘‘forestry’’ boundaries of the National Forest research; renewable resource encompasses renewable and System: environmental research; renewable nonrenewable resources of forests, (i) To carry firearms; resource protection research, renewable including lands governed by the Alaska (ii) To enforce and conduct resource utilization research, and National Interest Lands Conservation investigations of violations of section renewable resource assessment research Act, forest-related rangeland, grassland, 401 of the Controlled Substance Act (21 (16 U.S.C. 1641–1647). brushland, woodland, and alpine areas U.S.C. 481) and other criminal (10) Use authorities and means including but not limited to recreation, violations relating to marijuana and available to disseminate the knowledge range, timber, minerals, watershed, other controlled substances that are and technology developed from forestry wildlife and fish; natural scenic, manufactured, distributed, or dispensed research (16 U.S.C. 1645). scientific, cultural, and historic values on National Forest System lands; (11) Coordinate activities with other of forests and related lands; and (iii) To make arrests with a warrant or agencies in USDA, other Federal and derivative values such as economic process for misdemeanor violations, or State agencies, forestry schools, and strength and social well being). without a warrant for violations of such private entities and individuals (16 (2) Protect, manage, and administer misdemeanors that any such officer or U.S.C. 1643). the national forests, national forest employee has probable cause to believe (12) Enter into contracts, grants, and purchase units, national grasslands, and are being committed in that employee’s cooperative agreements for the support other lands and interests in lands presence or view, or for a felony with of scientific research in forestry administered by the Forest Service, a warrant or without a warrant if that activities (7 U.S.C. 427i(a), 1624; 16 which collectively are designated as the employee has probable cause to believe U.S.C. 582a–8, 1643–1645, 1649). National Forest System. This delegation that the person being arrested has (13) Enter into cooperative research covers the acquisition and disposition of committed or is committing such a and development agreements with lands and interest in lands as may be felony; industry, universities, and others; authorized for the protection, (iv) To serve warrants and other institute a cash award program to management, and administration of the process issued by a court or officer of reward scientific, engineering, and National Forest System, except that the competent jurisdiction; technical personnel; award royalties to authority to approve acquisition of land (v) To search, with or without a inventors; and retain and use royalty under the Weeks Act of March 1, 1911, warrant or process, any person, place, or income (15 U.S.C. 3710a–3710c). as amended, and special forest receipts conveyance according to Federal law or (14) Enter into contracts, grants, or acts (Pub. L. No. 337, 74th Cong., 49 rule of law; and cooperative agreements to further Stat. 866, as amended by Pub. L. No. (vi) To seize, with or without warrant research, extension, or teaching 310, 78th Cong., 58 Stat. 227; Pub. L. or process, any evidentiary item programs in the food and agricultural No. 505, 75th Cong., 52 Stat. 347, as according to Federal law or rule of law. sciences (7 U.S.C. 3152, 3318). amended by Pub. L. No. 310, 78th (6) Cooperate with the law (15) Enter into cost-reimbursable Cong., 58 Stat. 227; Pub. L. No. 634, enforcement officials of any Federal agreements relating to agricultural 75th Cong., 52 Stat. 699, as amended by agency, State, or political subdivision, research, extension, or teaching Pub. L. No. 310, 78th Cong., 58 Stat. in the investigation of violations of, and activities (7 U.S.C. 3319a). 227; Pub. L. No. 748, 75th Cong., 52 enforcement of, section 401 of the (16) Administer programs of Stat. 1205, as amended by Pub. L. No. Controlled Substances Act (21 U.S.C. cooperative forestry assistance in the 310, 78th Cong., 58 Stat. 227; Pub. L. 841), other laws and regulations relating protection, conservation, and multiple No. 427, 76th Cong., 54 Stat. 46; Pub. L. to marijuana and other controlled resource management of forests and No. 589, 76th Cong., 54 Stat. 297; Pub. substances, and State drug control laws related resources in both rural and 56442 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations urban areas and forest lands in foreign the cropland conversion program (16 accordance with the terms of an countries (16 U.S.C. 2101–2114). U.S.C. 590g–q). agreement dated May 11, 1967, between (17) Provide assistance to States and (25) Provide assistance to the Rural the Secretary of Agriculture and the other units of government in forest Housing and Community Development Secretary of Labor; and administration resources planning and forestry rural Service in connection with grants and of other cooperative manpower training revitalization (7 U.S.C. 6601, 6611– loans under authority of section 303 of and work experience programs where 6617; 16 U.S.C. 2107). the Consolidated Farm and Rural the Forest Service serves as host or (18) Conduct a program of technology Development Act, 7 U.S.C. 1923; and prime sponsor with other Departments implementation for State forestry consultation with the Department of of Federal, State, or local governments. personnel, private forest landowners Housing and Urban Development under (32) Administer the Volunteers in the and managers, vendors, forest operators, the authority of 40 U.S.C. 461(e). National Forests Act of 1972 (16 U.S.C. public agencies, and individuals (16 (26) Coordinate mapping work of 558a-558d, 558a note). U.S.C. 2107). USDA including: (33) Exercise the functions of the (19) Administer rural fire protection (i) Clearing mapping projects to Secretary of Agriculture authorized in and control program (16 U.S.C. 2106). prevent duplication; the Alaska National Interest Lands (20) Provide technical assistance on (ii) Keeping a record of mapping done Conservation Act (16 U.S.C. 3101– forestry technology or the by USDA agencies; 3215). implementation of the conservation (iii) Preparing and submitting (34) Administer responsibilities and reserve and softwood timber programs required USDA reports; functions assigned under the Defense authorized in sections 1231–1244 and (iv) Serving as liaison on mapping Production Act of 1950, as amended (50 1254 of the Food Security Act of 1985 with the Office of Management and U.S.C. App. 2061 et seq.), and title VI (16 U.S.C. 3831–3844; 7 U.S.C. 1981 Budget, Department of the Interior, and of the Robert T. Stafford Disaster Relief note). other departments and establishments; and Emergency Assistance Act (42 (21) Administer forest insect, disease, (v) Promoting interchange of technical U.S.C. 5195 et seq.), relating to forests and other pest management programs mapping information, including and forest products, rural fire defense, (16 U.S.C. 2104). techniques which may reduce costs or and forestry research. (22) Exercise the custodial functions improve quality; and (35) Represent USDA on the National of the Secretary for lands and interests (vi) Maintaining the mapping records Response Team on hazardous spills in lands under lease or contract of sale formerly maintained by the Office of pursuant to Pub. L. No. 92–500 (33 to States and local agencies pursuant to Operations. U.S.C. 1151 note) and section 4 of title III of the Bankhead-Jones Farm (27) Administer the radio frequency Executive Order 11735, 3 CFR, 1971– Tenant Act and administer reserved and licensing work of USDA, including: 1975 Comp., p. 793. reversionary interests in lands conveyed (i) Representing USDA on the (36) Exercise the functions of the under that Act (7 U.S.C. 1010–1012). Interdepartmental Radio Advisory (23) Under such general program Committee and its Frequency Secretary as authorized in the Wild and criteria and procedures as may be Assignment Subcommittee of the Scenic Rivers Act (16 U.S.C. 1271– established by the Natural Resources National Telecommunications and 1278), except for making Conservation Service: Information Administration, recommendations to the President (i) Administer the forestry aspects of Department of Commerce; regarding additions to the National Wild the programs listed in paragraphs (ii) Establishing policies, standards, and Scenic Rivers System. (a)(23)(i) (A), (B), and (C) of this section and procedures for allotting and (37) Issue proposed rules relating to on the National Forest System, assigning frequencies within USDA and the authorities delegated in this section, rangelands with national forest for obtaining effective utilization of issue final rules and regulations as boundaries, adjacent rangelands which them; provided in 36 CFR 261.70, issue are administered under formal (iii) Providing licensing action technical amendments and corrections agreement, and other forest lands: necessary to assign radio frequencies for to final rules issued by the Secretary or (A) The cooperative river basin use by the agencies of USDA and Under Secretary for Natural Resources surveys and investigations program (16 maintenance of the records necessary in and Environment, and issue proposed U.S.C. 1006); connection therewith; and and final rules necessary and (B) The eleven authorized watershed (iv) Providing inspection of USDA’s appropriate to carry out title VIII of the improvement programs and emergency radio operations to ensure compliance Alaska National Interest Lands flood prevention measures program with national and international Conservation Act (16 U.S.C. 3101–3215) under the Flood Control Act (33 U.S.C. regulations and policies for radio with regard to National Forest System 701b-1); frequency use. Lands. (C) The small watershed protection (28) Represent USDA in all matters (38) Jointly administer gypsy moth program under the Pilot Watershed relating to responsibilities and eradication activities with the Animal Protection and Watershed Protection authorities under the Federal Water and Plant Health Inspection Service, and Flood Prevention Acts (7 U.S.C. Power Act, as amended (16 U.S.C. 791– under the authority of section 102 of the 701a-h; 16 U.S.C. 1001–1009). 823). Organic Act of 1944, as amended; and (ii) Exercise responsibility in (29) [Reserved] the Act of April 6, 1937, as amended (7 connection with the forestry aspects of (30) Administer the Youth U.S.C. 147a, 148, 148a–148e); and the the resource conservation and Conservation Corps Act (42 U.S.C. Talmadge Aiken Act (7 U.S.C. 450), by development program authorized by precede 2711 note) for USDA. assuming primary responsibility for title III of the Bankhead-Jones Farm (31) Establish and operate the Job treating isolated gypsy moth infestations Tenant Act (7 U.S.C. 1011(e)). Corps Civilian Conservation Centers on on Federal lands, and on State and (24) Provide assistance to the Farm National Forest System lands as private lands contiguous to infested Service Agency in connection with the authorized by title I, sections 106 and Federal lands, and any other agricultural conservation program, the 107 of the Economic Opportunity Act of infestations over 640 acres on State and naval stores conservation program, and 1964 (42 U.S.C. 2716–2717), in private lands. Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56443

(39) With respect to land and facilities preliminary assessment and site Reauthorization Act of 1986 (42 U.S.C. under his or her authority, to exercise inspection of facilities; 9601 et seq.). the functions delegated to the Secretary (xii) Section 117 (a) and (c) of the Act (42) With respect to land and facilities by Executive Order 12580, 3 CFR, 1987 (42 U.S.C. 9617 (a) and (c)), with respect under his or her authority, exercise the Comp., p. 193, under the following to public participation in the functions delegated to the Secretary by provisions of the Comprehensive preparation of any plan for remedial Executive Order 12580, 3 CFR, 1987 Environmental Response, action and explanation of variances Comp., p. 193, and Executive Order Compensation, and Liability Act of 1980 from the final remedial action plan for 12777, 3 CFR, 1991 Comp., p. 351, to act (‘‘the Act’’), as amended: any remedial action or enforcement as Federal trustee for natural resources (i) Sections 104 (a), (b), and (c)(4) of action, including any settlement or in accordance with section 107(f) of the the Act (42 U.S.C. 9604 (a), (b), and consent decree entered into; Comprehensive Environmental (c)(4)), with respect to removal and (xiii) Section 119 of the Act (42 U.S.C. Response, Compensation, and Liability remedial actions in the event of release 9619), with respect to indemnifying Act of 1980 (42 U.S.C 9607(f)), section or threatened release of a hazardous response action contractors; 311(f)(5) of the Federal Water Pollution substance, pollutant, or contaminant (xiv) Section 121 of the Act (42 U.S.C. Control Act (33 U.S.C. 1321(f)(5)), and into the environment; 9621), with respect to cleanup section 1006(b)(2) of the Oil Pollution (ii) Sections 104 (e)–(h) of the Act (42 standards; and Act of 1990 (33 U.S.C. 2706(b)(2)). U.S.C. 9604 (e)–(h)), with respect to (xv) Section 122 of the Act (42 U.S.C. (43) With respect to land and facilities information gathering and access 9622), with respect to settlements, but under his or her authority, to exercise requests and orders; compliance with excluding section 122(b)(1) of the Act the authority vested in the Secretary of Federal health and safety standards and (42 U.S.C. 9622(b)(1)), related to mixed Agriculture to act as the ‘‘Federal Land wage and labor standards applicable to funding agreements. Manager’’ pursuant to the Clean Air Act, covered work; and emergency (40) Exercise the functions of the as amended, 42 U.S.C. 7401 et seq. procurement powers; Secretary authorized in the Federal (44) Administer the Public Lands (iii) Section 104(i)(11) of the Act (42 Onshore Oil and Gas Leasing Reform Corps program (16 U.S.C. 1721 et seq.) U.S.C. 9604(i)(11)), with respect to the Act of 1987 (30 U.S.C. 226 et seq.). for USDA consistent with the reduction of exposure to significant risk (41) With respect to facilities and Department’s overall national service to human health; activities under his or her authority, to program. (45) Jointly administer the Forestry (iv) Section 104(j) of the Act (42 exercise the authority of the Secretary of Incentives Program with the Natural U.S.C. 9604(j)), with respect to the Agriculture pursuant to section 1–102 Resources Conservation Service, in acquisition of real property and interests related to compliance with applicable consultation with State Foresters, under in real property required to conduct a pollution control standards and section section 4 of the Cooperative Forestry remedial action; 1–601 of Executive Order 12088, 3 CFR, 1978 Comp., p. 243, to enter into an Assistance Act of 1978 (16 U.S.C. 2103). (v) The first two sentences of section inter-agency agreement with the United (46) Focusing on countries that could 105(d) of the Act (42 U.S.C. 9605(d)), States Environmental Protection have a substantial impact on global with respect to petitions for preliminary Agency, or an administrative consent warming, provide assistance that assessment of a release or threatened order or a consent judgment in an promotes sustainable development and release; appropriate United States District Court global environmental stability; share (vi) Section 105(f) of the Act (42 with an appropriate State, interstate, or technical, managerial, extension, and U.S.C. 9605(f)), with respect to local agency, containing a plan and administrative skills; provide education consideration of the availability of schedule to achieve and maintain and training opportunities; engage in qualified minority firms in awarding compliance with applicable pollution scientific exchange; and cooperate with contracts, but excluding that portion of control standards established pursuant domestic and international section 105(f) of the Act pertaining to to the following: organizations that further international the annual report to Congress; (i) Solid Waste Disposal Act, as programs for the management and (vii) Section 109 of the Act (42 U.S.C. amended by the Resource Conservation protection of forests, rangelands, 9609), with respect to the assessment of and Recovery Act, the Hazardous and wildlife, fisheries and related natural civil penalties for violations of section Solid Waste Amendment, and the resources (16 U.S.C. 4501–4505). 122 of the Act (42 U.S.C. 9622), and the Federal Facility Compliance Act (42 (b) Reservations. The following granting of awards to individuals U.S.C. 6901 et seq.); authorities are reserved to the Under providing information; (ii) Federal Water Pollution Secretary for Natural Resources and (viii) Section 111(f) of the Act (42 Prevention and Control Act, as amended Environment: U.S.C. 9611(f)), with respect to the (33 U.S.C. 1251 et seq.); (1) The authority to issue final rules designation of officials who may (iii) Safe Drinking Water Act, as and regulations relating to the obligate money in the Hazardous amended (42 U.S.C. 300f et seq.); administration of Forest Service Substances Superfund; (iv) Clean Air Act, as amended (42 programs, except as provided in 36 CFR (ix) Section 113(g) of the Act (42 U.S.C. 7401 et seq.); 261.70 and § 2.60(a)(37). U.S.C. 9613(g)), with respect to (v) Noise Control Act of 1972, as (2) As deemed necessary for receiving notification of a natural amended (42 U.S.C. 4901 et seq.); administrative purposes, the authority resource trustee’s intent to file suit; (vi) Toxic Substances Control Act, as to divide into and designate as national (x) Section 113(k) of the Act (42 amended, (15 U.S.C. 2601 et seq.); forests any lands of more than 3,000 U.S.C. 9613(k)), with respect to (vii) Federal Insecticide, Fungicide, acres acquired under or subject to the establishing an administrative record and Rodenticide Act, as amended (7 Weeks Act of March 1, 1911, as upon which to base the selection of a U.S.C. 136 et seq.); and amended (16 U.S.C. 521). response action and identifying and (viii) Comprehensive Environmental (3) The authority to make notifying potentially responsible parties; Response, Compensation, and Liability recommendations to the Administrator (xi) Section 116(a) of the Act (42 Act of 1980, as amended by the of General Services regarding transfer to U.S.C. 9616(a)), with respect to Superfund Amendments and other Federal, State, or Territorial 56444 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations agencies lands acquired under the improvement of water quality, and (1) To the Farm Service Agency in the Bankhead-Jones Farm Tenant Act, several surveying and monitoring development and technical servicing of together with recommendations on the activities related to environmental certain programs, such as the conditions of use and administration of improvement. All are designed to Agricultural Conservation Program and such lands, pursuant to the provisions assure: other such similar conservation of section 32(c) of title III of the (i) Quality in the natural resource base programs; Bankhead-Jones Farm Tenant Act (7 for sustained use; (2) To the Rural Housing and U.S.C. 1011(c), and Executive Order (ii) Quality in the environment to Community Development Service in 11609, 3 CFR, 1971–1975 Comp., p. provide attractive, convenient, and connection with their loan and land 586). satisfying places to live, work, and play; disposition programs. (4) Making recommendations to the and (ii) Soil Surveys, including: President for establishing new units or (iii) Quality in the standard of living (A) Providing leadership for the adding to existing units of the National based on community improvement and Federal part of the National Cooperative Wild and Scenic Rivers System (16 adequate income. Soil Survey which includes conducting U.S.C. 1271–1278); National Scenic (2) Provide national leadership in and publishing soil surveys; Trails System (16 U.S.C. 1241–1249) evaluating and coordinating land use (B) Conducting soil surveys for and the National Wilderness policy, and administer the Farmland resource planning and development; Preservation System (16 U.S.C. 1131– Protection Policy Act (7 U.S.C. 4201 et and 1136). seq.), including the Farms for the Future (C) Performing the cartographic (5) Signing of declarations of taking Program authorized by sections 1465– services essential to carrying out the and requests for condemnation of 1470 of the Food, Agriculture, functions of the Natural Resources property as authorized by law to carry Conservation, and Trade Act of 1990 (7 Conservation Service, including out the mission of the Forest Service (40 U.S.C. 4201 note), except as otherwise furnishing photographs, mosaics, and U.S.C. 257). delegated to the Administrator, maps. (6) Approval of acquisition of land Agricultural Research Service in (iii) Conducting and coordinating under the Weeks Act of March 1, 1911, § 2.65(a)(80) and the Administrator, snow surveys and making water supply as amended (16 U.S.C. 521), and special Cooperative State Research, Education, forecasts pursuant to Reorganization forest receipts acts (Pub. L. No. 337, and Extension Service in § 2.66(a)(76). Plan No. IV of 1940 (5 U.S.C. App.); 74th Cong., 49 Stat. 866, as amended by (3) Administer the basic program of (iv) Operating plant materials centers Pub. L. No. 310, 78th Cong., 58 Stat. soil and water conservation under Pub. for the assembly and testing of plant 227; Pub. L. No. 505, 75th Cong., 52 L. No. 46, 74th Congress, as amended, species in conservation programs, Stat. 347, as amended by Pub. L. No. and related laws (16 U.S.C. 590a–f, 1– including the use, administration, and 310, 78th Cong., 58 Stat. 227; Pub. L. 1, q, q–1; 42 U.S.C. 3271–3274; 7 U.S.C. disposition of lands under the No. 634, 75th Cong., 52 Stat. 699, as 2201), including: administration of the Natural Resources amended by Pub. L. No. 310, 78th (i) Technical and financial assistance Conservation Service for such purposes Cong., 58 Stat. 227; Pub. L. No. 748, to land users in carrying out locally under title III of the Bankhead-Jones 75th Cong., 52 Stat. 1205, as amended adapted soil and water conservation Farm Tenant Act (7 U.S.C. 1010–1011); by Pub. L. No. 310, 78th Cong., 58 Stat. programs primarily through soil and and 227; Pub. L. No. 427, 76th Cong., 54 water conservation districts in the (v) Providing leadership in the Stat. 46; Pub. L. No. 589, 76th Cong., 54 several States, the District of Columbia, inventorying and monitoring of soil, Stat. 297; Pub. L. No. 591, 76th Cong., the Commonwealth of Puerto Rico, and water, land, and related resources of the 54 Stat. 299; Pub. L. No. 637, 76th the Commonwealth of the Northern Nation. Cong., 54 Stat. 402; Pub. L. No. 781, Mariana Islands, American Samoa, (4) Administer the Watershed 84th Cong., 70 Stat. 632) of $250,000 or Guam, the Virgin Islands, and Federally Protection and Flood Prevention more in value for national forest recognized Native American tribes, but Programs, including: purposes. also to communities, watershed groups, (i) The eleven authorized watershed § 2.61 Chief, Natural Resources Federal and State agencies, and other projects authorized under 33 U.S.C. Conservation Service. cooperators. This authority includes 702b–1, except for responsibilities (a) Delegations. Pursuant to § 2.20 such assistance as: assigned to the Forest Service; (a)(1), (a)(3), (a)(5), (a)(6), (a)(7)(ii) and (A) Comprehensive planning (ii) The emergency flood control work (a)(8), subject to reservations in assistance in nonmetroplitan districts; under 33 U.S.C. 701b–1, except for § 2.20(b)(1), the following delegations of (B) Assistance in the field of income- responsibilities assigned to the Forest authority are made by the Under producing recreation on rural non- Service; Secretary for Natural Resources and Federal lands; (iii) The Cooperative River Basin Environment to the Chief of the Natural (C) Forestry assistance, as part of total Surveys and Investigations Programs Resources Conservation Service: technical assistance to private land under 16 U.S.C. 1006, except for (1) Provide national leadership in the owners and land users when such responsibilities assigned to the Forest conservation, development and services are an integral part of land Service; productive use of the Nation’s soil, management and such services are not (iv) The pilot watershed projects water, and related resources. Such available from a State agency; and under 16 U.S.C. 590a–f, and 16 U.S.C. leadership encompasses soil, water, forestry services in connection with 1001–1009, except for responsibilities plant, and wildlife conservation; small windbreaks and shelter belts to prevent assigned to the Forest Service; watershed protection and flood wind and water erosion of lands; (v) The Watershed Protection and prevention; and resource conservation (D) Assistance in developing Flood Prevention Program under 16 and development. Integrated in these programs relating to natural beauty; and U.S.C. 1001–1009, except for programs are erosion control, sediment (E) Assistance to other USDA agencies responsibilities assigned to the Rural reduction, pollution abatement, land in connection with the administration of Housing and Community Development use planning, multiple use, their programs, as follows: Service and the Forest Service; Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56445

(vi) The joint investigations and (iv) Develop plans for implementing (19) Administer the Rural surveys with the Department of the measures that will reduce the salt load Environmental Conservation Program Army under 16 U.S.C. 1009; and of the Colorado River; authorized by sections 1001–1010 of the (vii) The Emergency Conservation (v) Develop and implement long-term Agriculture Act of 1970, as amended (16 Program under sections 401–405 of the monitoring and evaluation plans to U.S.C. 1501–1510). Agricultural Credit Act of 1978 (the measure and report progress and (20) Coordinate USDA input and Act), 16 U.S.C. 2201 et seq., except for accomplishments in achieving program assistance to the Department of the provisions of sections 401 and 402 objectives; and Commerce and other Federal agencies of the Act, 16 U.S.C. 2201–2202, as (vi) Enter into and administer consistent with section 307 of the administered by the Farm Service contracts with program participants and Coastal Zone Management Act of 1972 Agency. waive cost-sharing requirements when (16 U.S.C. 1456), and coordinate USDA (5) Administer the Great Plains such cost-sharing requirements would review of qualifying state and local Conservation Program and the Critical result in a failure to proceed with government coastal management plans Lands Resources Conservation Program needed on-farm measures. or programs prepared under such Act under 16 U.S.C. 590p(b). (13) Administer natural resources and submitted to the Secretary of conservation authorities under title XII Commerce, consistent with section (6) Administer the Resource of the Food Security Act of 1985 (Act), 306(a) and (c) of such Act (16 U.S.C. Conservation and Development Program as amended (16 U.S.C. 3801 et seq.), 1455(a) and (c)). under 16 U.S.C. 590a–f; 7 U.S.C. 1010– including responsibilities for: (21) Administer responsibilities and 1011; and 16 U.S.C. 3451–3461, except (i) the conservation of highly erodible functions assigned under the Defense for responsibilities assigned to the Rural lands and wetlands pursuant to sections Production Act of 1950, as amended (50 Utilities Service. 1211–1223 of the Act (16 U.S.C. 3811– U.S.C. App. 2061 et seq.), and title VI (7) Responsibility for entering into 3823); of the Robert T. Stafford Disaster Relief long-term contracts for carrying out (ii) technical assistance related to soil and Emergency Assistance Act (42 conservation and environmental and water conservation technology for U.S.C. 5195 et seq.), relating to measures in watershed areas. the implementation and administration agricultural lands and water. (8) Provide national leadership for of the Conservation Reserve Program (22) Administer the Abandoned Mine and administer the Soil and Water authorized by sections 1231–1244 of the Reclamation Program for Rural Lands Resources Conservation Act of 1977 (16 Act, as amended (16 U.S.C. 3831–3844); and other responsibilities assigned U.S.C. 2001 et seq.), except for (iii) the Environmental Easement under the Surface Mining Control and responsibilities assigned to other USDA Program authorized by sections 1239– Reclamation Act of 1977 (30 U.S.C. 1201 agencies. 1239d of the Act (16 U.S.C. 3839– et seq.), except for responsibilities (9) Administer Rural Clean Water 3839d); assigned to the Forest Service. Program and other responsibilities (iv) the Agricultural Water Quality (23) With respect to land and facilities assigned under section 35 of the Clean Improvement Program authorized by under his or her authority, to exercise Water Act of 1977 (33 U.S.C. 1251 et sections 1238–1238f of the Act, as the functions delegated to the Secretary seq.). amended (16 U.S.C. 3838–3838f); and by Executive Order 12580, 3 CFR, 1987 (10) Monitor actions and progress of (v) the Wetland Reserve Program and Comp., p. 193, under the following USDA in complying with Executive the Emergency Wetlands Reserve provisions of the Comprehensive Order 11988, Flood Plain Management, Program authorized by sections 1237– Environmental Response, 3 CFR, 1977 Comp., p. 117, and 1237f of the Act, as amended (16 U.S.C. Compensation, and Liability Act of 1980 Executive Order 11990, Protection of 3837–3837f), and the Emergency (‘‘the Act’’), as amended: Wetlands, 3 CFR, 1977 Comp., p. 121, Supplemental Appropriations for Relief (i) Sections 104(a), (b), and (c)(4) of regarding management of floodplains From the Major, Widespread Flooding the Act (42 U.S.C. 9604(a), (b), and and protection of wetlands; monitor in the Midwest Act of 1993, Pub. L. No. (c)(4)), with respect to removal and USDA efforts on protection of important 103–75. remedial actions in the event of release agricultural, forest and rangelands; and (14) Approve and transmit to the or threatened release of a hazardous provide staff assistance to the USDA Congress comprehensive river basin substance, pollutant, or contaminant Natural Resources and Environment reports. into the environment; Committee. (15) Provide representation on the (ii) Sections 104(e)–(h) of the Act (42 (11) Administer the search and rescue Water Resources Council and river basin U.S.C. 9604 (e)–(h)), with respect to operations authorized under 7 U.S.C. commissions created by 42 U.S.C. 1962, information gathering and access 2273. and on river basin interagency requests and orders; compliance with committees. Federal health and safety standards and (12) Administer section 202(c) of the (16) Jointly administer the Forestry wage and labor standards applicable to Colorado River Basin Salinity Control Incentives Program with the Forest covered work; and emergency Act, 43 U.S.C. 1592(c) including: Service, in consultation with State procurement powers; (i) Identify salt source areas and Foresters, under section 4 of the (iii) Section 104(i)(11) of the Act (42 determine the salt load resulting from Cooperative Forestry Assistance Act of U.S.C. 9604(i)(11)), with respect to the irrigation and watershed management 1978 (16 U.S.C. 2103). reduction of exposure to significant risk practices; (17) Administer the Water Bank to human health; (ii) Conduct salinity control studies of Program under the Water Bank Act (16 (iv) Section 104(j) of the Act (42 irrigated salt source areas; U.S.C. 1301 et seq.). U.S.C. 9604(j)), with respect to the (iii) Provide technical and financial (18) Administer water quality acquisition of real property and interests assistance in the implementation of activities under the Agriculture and in real property required to conduct a salinity control projects including the Water Policy Coordination Act, subtitle remedial action; development of salinity control plans, G, title XIV of the Food, Agriculture, (v) The first two sentences of section technical services for application, and Conservation, and Trade Act of 1990, as 105(d) of the Act (42 U.S.C. 9605(d)), certification of practice applications; amended (7 U.S.C. 5501–5505). with respect to petitions for preliminary 56446 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations assessment of a release or threatened (i) Solid Waste Disposal Act, as the powers which are now or which release; amended by the Resource Conservation may hereafter be delegated to the Under (vi) Section 105(f) of the Act (42 and Recovery Act, the Hazardous and Secretary for Research, Education, and U.S.C. 9605(f)), with respect to Solid Waste Amendments, and the Economics. consideration of the availability of Federal Facility Compliance Act (42 qualified minority firms in awarding U.S.C. 6901 et seq.); § 2.65 Administrator, Agricultural Research Service. contracts, but excluding that portion of (ii) Federal Water Pollution section 105(f) of the Act pertaining to Prevention and Control Act, as amended (a) Delegations. Pursuant to the annual report to Congress; (33 U.S.C. 1251 et seq.); § 2.21(a)(1), (a)(3) and (a)(5) through (vii) Section 109 of the Act (42 U.S.C. (iii) Safe Drinking Water Act, as (a)(7), subject to reservations in 9609), with respect to the assessment of amended (42 U.S.C. 300f et seq.); § 2.21(b)(1), the following delegations of civil penalties for violations of section (iv) Clean Air Act, as amended (42 authority are made by the Under 122 of the Act (42 U.S.C. 9622) and the U.S.C. 7401 et seq.); Secretary for Research, Education, and granting of awards to individuals (v) Noise Control Act of 1972, as Economics to the Administrator, providing information; amended (42 U.S.C. 4901 et seq.); Agricultural Research Service: (viii) Section 111(f) of the Act (42 (vi) Toxic Substances Control Act, as (1) Coordinate USDA policy relative U.S.C. 9611(f)), with respect to the amended, (15 U.S.C. 2601 et seq.); to the Federal Insecticide, Fungicide, designation of officials who may (vii) Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 obligate money in the Hazardous and Rodenticide Act, as amended (7 U.S.C. 136 et seq.) and coordinate the Substances Superfund; U.S.C. 136 et seq.); and Department’s Integrated Pest (ix) Section 113(k) of the Act (42 (viii) Comprehensive Environmental Management Programs and the Pesticide U.S.C. 9613(k)), with respect to Response, Compensation, and Liability Assessment Program (7 U.S.C. 136– establishing an administrative record Act of 1980, as amended by the 136y). upon which to base the selection of a Superfund Amendments and (2) Conduct research related to the response action and identifying and Reauthorization Act of 1986 (42 U.S.C. economic feasibility of the manufacture notifying potentially responsible parties; 9601 et seq.). and commercialization of natural rubber (x) Section 116(a) of the Act (42 (b) Reservations. The following from hydrocarbon-containing plants (7 U.S.C. 9616(a)), with respect to authorities are reserved to the Under U.S.C. 178–178n). preliminary assessment and site Secretary for Natural Resources and (3) Conduct research on the control of inspection of facilities; Environment: undesirable species of honeybees in (xi) Section 117(a) and (c) of the Act (1) Executing cooperative agreements cooperation with specific foreign (42 U.S.C. 9617(a) and (c)), with respect and memoranda of understanding for governments (7 U.S.C. 284). to public participation in the multi-agency cooperation with (4) Conduct research concerning preparation of any plan for remedial conservation districts and other districts domestic animals and poultry, their action and explanation of variances organized for soil and water protection and use, the causes of from the final remedial action plan for conservation within States, territories, contagious, infectious, and any remedial action or enforcement possessions, and American Indian communicable diseases, and the means action, including any settlement or Nations. for the prevention and cure of the same consent decree entered into; (2) Approving additions to authorized (7 U.S.C. 391). (xii) Section 119 of the Act (42 U.S.C. Resource Conservation and (5) Conduct research related to the 9619), with respect to indemnifying Development Projects that designate dairy industry and to the dissemination response action contractors; new project areas in which resource of information for the promotion of the (xiii) Section 121 of the Act (42 U.S.C. conservation and development program dairy industry (7 U.S.C. 402). 9621), with respect to cleanup assistance will be provided, and (6) Conduct research and standards; and withdrawing authorization for demonstrations at Mandan, ND, related (xiv) Section 122 of the Act (42 U.S.C. assistance, pursuant to 16 U.S.C. 590a- to dairy livestock breeding, growing, 9622), with respect to settlement, but f; 7 U.S.C. 1010–1011; 16 U.S.C. 3451– and feeding, and other problems excluding section 122(b)(1) of the Act 3461. pertaining to the establishment of the (42 U.S.C. 9633(b)(1)), related to mixed (3) Giving final approval to and dairy and livestock industries (7 U.S.C. funding agreements. transmitting to the Congress watershed 421–422). (24) With respect to facilities and (7) Conduct research on new uses for work plans that require congressional activities under his or her authority, to cotton and on cotton ginning and approval. exercise the authority of the Secretary of processing (7 U.S.C. 423–424). Agriculture pursuant to section 1–102 Subpart KÐDelegations of Authority (8) Conduct research into the basic related to compliance with applicable by the Under Secretary for Research, problems of agriculture in its broadest pollution control standards and section Education, and Economics aspects, including, but not limited to, 1–601 of Executive Order 12088, 3 CFR, production, marketing (other than 1978 Comp., p. 243, to enter into an § 2.63 Deputy Under Secretary for statistical and economic research but inter-agency agreement with the United Research, Education, and Economics. including research related to family use States Environmental Protection Pursuant to § 2.21(a), subject to of resources), distribution, processing, Agency, or an administrative consent reservations in § 2.21(b), and subject to and utilization of plant and animal order or a consent judgment in an policy guidance and direction by the commodities; problems of human appropriate United States District Court Under Secretary, the following nutrition; development of markets for with an appropriate State, interstate, or delegation of authority is made by the agricultural commodities; discovery, local agency, containing a plan and Under Secretary for Research, introduction, and breeding of new schedule to achieve and maintain Education, and Economics, to be crops, plants, animals, both foreign and compliance with applicable pollution exercised only during the absence or native; conservation development; and control standards established pursuant unavailability of the Under Secretary: development of efficient use of farm to the following: Perform all the duties and exercise all buildings, homes, and farm machinery Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56447 except as otherwise delegated in (21) Conduct program evaluations to (35) Conduct research on integrated §§ 2.22(a)(1)(ii) and 2.79(a)(2) (7 U.S.C. improve the administration and pest management, including research to 427, 1621–1627, 1629, 2201 and 2204). effectiveness of agricultural research benefit floriculture (7 U.S.C. 5881). (9) Conduct research on varietal and education programs (7 U.S.C. 3317). (36) Conduct research in the control improvement of wheat and feed grains (22) Enter into contracts, grants, or and eradication of exotic pests (7 U.S.C. to enhance their conservation and cooperative agreements to further 5883). environmental qualities (7 U.S.C. 428b). research programs and library and (37) Conduct research to study the (10) Advance the livestock and related information programs biology and behavior of chinch bugs (7 agricultural interests of the United supporting research, extension, and U.S.C. 5884). States, including the breeding of horses teaching programs in the food and (38) Administer a grant program for suited to the needs of the United States agricultural sciences (7 U.S.C. 3318). risk assessment research to address (7 U.S.C. 437). (23) Enter into cost-reimbursable concerns about the environmental (11) Enter into agreements with and agreements relating to agricultural effects of biotechnology (7 U.S.C. 5921). receive funds from any State, other research, teaching and to further library (39) Establish and coordinate USDA political subdivision, organization, or and related information programs programs and conduct basic and applied individual for the purpose of supporting research, extension and research and technology development in conducting cooperative research teaching programs in the food and the areas of plant genome structure and projects (7 U.S.C. 450a). agricultural sciences (7 U.S.C. 3319a). function (7 U.S.C. 5924). (12) Make facilities grants and (40) Conduct research for the conduct research under the IR–4 (24) Conduct research for the development of technology to determine program (7 U.S.C. 450i(d) and (e)). development of supplemental and animal lean content (7 U.S.C. 5925). (13) Conduct research related to soil alternative crops (7 U.S.C. 3319d). (41) Conduct research to determine and water conservation, engineering (25) Conduct research on potential the presence of aflatoxin in the food and operations, and methods of cultivation uses for compost from agricultural feed chains (7 U.S.C. 5925). to provide for the control and wastes, including evaluating the (42) Conduct research to develop prevention of soil erosion (7 U.S.C. 1010 application of compost on soil, plants, production methods and commercial and 16 U.S.C. 590a). and crops (7 U.S.C. 3130). uses of mesquite (7 U.S.C. 5925). (14) Maintain four regional research (26) Reserved. (43) Conduct research to investigate laboratories and conduct research at (27) Cooperate and work with enhanced genetic selection and such laboratories to develop new national and international institutions, processing techniques of prickly pears scientific, chemical, and technical uses Departments and Ministries of (7 U.S.C. 5925). and new and extended markets and Agriculture in other nations, land-grant (44) Conduct a research program and outlets for farm commodities and colleges and universities, and other administer grants and contracts for products and the by-products thereof (7 persons throughout the world in the research on the disease of scrapie in U.S.C. 1292). performance of agricultural research sheep and goats (7 U.S.C. 5925). (15) Conduct a Special Cotton activities (7 U.S.C. 3291). (45) Conduct basic and applied Research Program designed to reduce (28) Perform research and research in the development of new the cost of producing upland cotton in development at aquacultural research commercial products from natural plant the United States (7 U.S.C. 1441 note). and development centers (7 U.S.C. materials (7 U.S.C. 5925). (16) Conduct research to formulate 3322). (46) Conduct research on diseases new uses for farm and forest products (7 (29) Conduct a program of basic affecting honeybees (7 U.S.C. 5934). U.S.C. 1632(b)). research on cancer in animals and birds (47) Coordinate USDA policy and (17) Conduct research to develop and (7 U.S.C. 3902). programs relating to global climate determine methods for the humane change (7 U.S.C. 6701–6703). (30) Conduct and coordinate slaughter of livestock (7 U.S.C. 1904). (48) Coordinate Departmental policies Departmental research programs on (18) Provide national leadership and under the Toxic Substances Control Act water quality and nutrient management support for research programs and other (15 U.S.C. 2601–2629). (7 U.S.C. 5504). research activities in the food and (49) With respect to facilities and agricultural sciences to meet major (31) Conduct research to optimize activities under his or her authority, to needs and challenges in food and crop and livestock production potential, exercise the authority of the Secretary of agricultural system productivity; integrated resource management, and Agriculture pursuant to section 1–102 development of new food, fiber, and integrated crop management (7 U.S.C. related to compliance with applicable energy sources; agricultural energy use 5821). pollution control standards and section and production; natural resources; (32) Administer a national research 1–601 of Executive Order 12088, 3 CFR, promotion of the health and welfare of program on genetic resources to provide 1978 Comp., p. 243, to enter into an people; human nutrition; and for the collection, preservation, and inter-agency agreement with the United international food and agriculture dissemination of genetic material States Environmental Protection pursuant to the National Agricultural important to American food and Agency, or an administrative consent Research, Extension, and Teaching agriculture production (7 U.S.C. 5841). order or a consent judgment in an Policy Act of 1977, as amended (7 (33) Conduct remote-sensing and appropriate State, interstate, or local U.S.C. 3101 et seq.). other weather-related research (7 U.S.C. agency, containing a plan and schedule (19) Conduct a program of grants to 5852). to achieve and maintain compliance States to expand, renovate, or improve (34) Administer grants and conduct with applicable pollution control schools of veterinary medicine (7 U.S.C. research programs to measure standards established pursuant to the 3151). microbiological and chemical agents following: (20) Administer the National associated with the production, (i) Solid Waste Disposal Act, as Agricultural Science Award for research preparation, processing, handling, and amended by the Resource Conservation or advanced studies in the food and storage of agricultural products (7 U.S.C. and Recovery Act, as further amended agricultural sciences (7 U.S.C. 3153). 5871–5874). by the Hazardous and Solid Waste 56448 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations

Amendments, and the Federal Facility Agricultural Research Center, Beltsville, with respect to petitions for preliminary Compliance Act (42 U.S.C. 6901 et seq.); MD; and the Animal Disease Center, assessment of a release or threatened (ii) Federal Water Pollution Plum Island, NY, over which the United release; Prevention and Control Act, as amended States has exclusive or concurrent (vi) Section 105(f) of the Act (42 (33 U.S.C. 1251 et seq.); criminal jurisdiction, in accordance U.S.C. 9605(f)), with respect to (iii) Safe Drinking Water Act, as with the limitations and requirements of consideration of the availability of amended (42 U.S.C. 300f et seq.); the Federal Property and Administrative qualified minority firms in awarding (iv) Clean Air Act, as amended (42 Services Act of 1949, as amended (40 contracts, but excluding that portion of U.S.C. 7401 et seq.); U.S.C. 471 et seq.), the Act of June 1, section 105(f) pertaining to the annual (v) Noise Control Act of 1972, as 1948, as amended (40 U.S.C. 318 et report to Congress; amended (42 U.S.C. 4901 et seq.); seq.), and the policies, procedures, and (vii) Section 109 of the Act (42 U.S.C. (vi) Toxic Substances Control Act, as controls prescribed by the General 9609), with respect to the assessment of amended (15 U.S.C. 2601 et seq.); Services Administration. Any rules or civil penalties for violations of section (vii) Federal Insecticide, Fungicide, regulations promulgated under this 122 of the Act (42 U.S.C. 9622), and the and Rodenticide Act, as amended (7 authority shall be approved by the granting of awards to individuals U.S.C. 136 et seq.); and Director, Office of Operations, and the providing information; (viii) Comprehensive Environmental General Counsel prior to issuance. (viii) Section 111(f) of the Act (42 Response, Compensation, and Liability (58) Administer the Department’s U.S.C. 9611(f)), with respect to the Act of 1980, as amended by the Patent Program except as delegated to designation of officials who may Superfund Amendments and the General Counsel in § 2.31(e). obligate money in the Hazardous Reauthorization Act of 1986 (42 U.S.C. (59) Provide management support Substances Superfund; 9601 et seq.). services for the Economic Research (ix) Section 113(k) of the Act (42 (50) Perform research and administer Service, the Cooperative State Research, U.S.C. 9613(k)), with respect to grants for research and development in Education and Extension Service, and establishing an administrative record aquaculture (16 U.S.C. 2804). the National Agricultural Statistics upon which to base the selection of a (51) Maintain a National Arboretum Service as agreed upon by the agencies response action and identifying and for the purposes of research and with authority to take actions required notifying potentially responsible parties; education concerning tree and plant life; by law or regulation. As used herein, the (x) Section 116(a) of the Act (42 accept and administer gifts or devices of term management support services U.S.C. 9616(a)), with respect to real and personal property for the includes budget, finance, personnel, preliminary assessment and site benefit of the National Arboretum; and procurement, property management, inspection of facilities; order disbursements from the Treasury communications, paperwork (xi) Sections 117(a) and (c) of the Act (20 U.S.C. 191–195). management, ADP support, and related (42 U.S.C. 9617 (a) and (c)), with respect (52) Conduct research on foot-and- administrative services. to public participation in the mouth disease and other animal (60) With respect to land and facilities preparation of any plan for remedial diseases (21 U.S.C. 113a). under his or her authority, exercise the action and explanation of variances (53) Conduct research on the control functions delegated to the Secretary by from the final remedial action plan for and eradication of cattle grubs Executive Order 12580, 3 CFR, 1987 any remedial action or enforcement (screwworms) (21 U.S.C. 114e). Comp., p. 193, under the following action, including any settlement or (54) Conduct research activities provisions of the Comprehensive consent decree entered into; related to farm dwellings and other Environmental Response, (xii) Section 119 of the Act (42 U.S.C. buildings for the purposes of reducing Compensation, and Liability Act of 1980 9119), with respect to indemnifying costs and adapting and developing (‘‘the Act’’), as amended: response action contractors; fixtures and appurtenances for more (i) Sections 104 (a), (b), and (c)(4) of (xiii) Section 121 of the Act (42 U.S.C. efficient and economical farm use (42 the Act (42 U.S.C. 9604 (a), (b), and 9621), with respect to cleanup U.S.C. 1476(b)). (c)(4)), with respect to removal and standards; and (55) Conduct research on losses of remedial actions in the event of release (xiv) Section 122 of the Act (42 U.S.C. livestock in interstate commerce due to or threatened release of a hazardous 9622), with respect to settlements, but injury or disease (45 U.S.C. 71 note). substance, pollutant, or contaminant excluding section 122(b)(1) of the Act (56) Control within USDA the into the environment; (42 U.S.C. 9622(b)(1)), related to mixed acquisition, use, and disposal of (ii) Sections 104(e)–(h) of the Act (42 funding agreements. material and equipment that may be a U.S.C. 9604(e)–(h)), with respect to (61) Carry out research activities source of ionizing radiation hazard. information gathering and access authorized in section 202(c) of the (57) Pursuant to the authority requests and orders; compliance with Colorado River Basin Salinity Control delegated by the Administrator of Federal health and safety standards and Act (43 U.S.C. 1592(c)). General Services to the Secretary of wage and labor standards applicable to (62) Perform food and agricultural Agriculture in 34 FR 6406, 36 FR 1293, covered work; and emergency research in support of functions 36 FR 18840, and 38 FR 23838, appoint procurement powers; assigned to the Department under the uniformed armed guards and special (iii) Section 104(i)(11) of the Act (42 Defense Production Act of 1950, as policemen, make all needful rules and U.S.C. 9604(i)(11)), with respect to the amended (50 U.S.C. App. 2061 et seq.), regulations, and annex to such rules and reduction of exposure to significant risk and title VI of the Robert T. Stafford regulations such reasonable penalties to human health; Disaster Relief and Emergency (not to exceed those prescribed in 40 (iv) Section 104(j) of the Act (42 Assistance Act (42 U.S.C. 5195 et seq.). U.S.C. 318(c)), as will insure their U.S.C. 9604(j)), with respect to the (63) Propagate bee-breeding stock and enforcement, for the protection of acquisition of real property and interests release bee germplasm to the public (7 persons, property, buildings, and in real property required to conduct a U.S.C. 283). grounds of the Arboretum, Washington, remedial action; (64) Administer a National Food and DC; the U.S. Meat Animal Research (v) The first two sentences of section Human Nutrition Research Program Center, Clay Center, NE.; the 105(d) of the Act (42 U.S.C. 9605(d)), under the National Agricultural Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56449

Research, Extension, and Teaching (71) Act as a catalyst to provide access basis to State educational agencies and Policy Act of 1977, as amended. As used to leadership training and services other interested parties (7 U.S.C. 3126). herein the term ‘‘research’’ includes: programs encompassing private, public, (79) Conduct program evaluations to (i) Research on the nutrient business, and government entities in improve the administration and efficacy composition of foods and the effects of cooperation with the Extension Service of the National Agricultural Library and agricultural practices, handling, food (7 U.S.C. 950aa–1). related information systems in the food processing, and cooking on the nutrients (72) Develop and maintain library and and agricultural sciences (7 U.S.C. they contain; information systems and networks and 3317). (ii) Surveillance of the nutritional facilitate cooperation and coordination (80) Administer the National benefits provided to participants in the of the agricultural libraries of colleges, Agricultural Library, including the food programs administered by the universities, USDA, and their closely farmland information center, pursuant Department; and allied information gathering and to section 1544(b) of the Farmland (iii) Research on the factors affecting dissemination units in conjunction with Protection Policy Act (7 U.S.C. 4205(b)). food preference and habits (7 U.S.C. private industry and other research (81) Support Department water 3171–3175, 3177). libraries (7 U.S.C. 2201, 2204, 3125a, programs through participation in State (65) The authority in paragraph (a)(64) and 3126). water quality coordination programs of this section includes the authority to: (73) Accept gifts and order and dissemination of agrichemical (i) Appraise the nutritive content of disbursements from the Treasury for the information (7 U.S.C. 5503–5506). the U.S. food supply; benefit of the National Agricultural (82) Provide a repository of (ii) Develop and make available data Library or for the carrying out of any of agriculture and ground water quality on the nutrient composition of foods its functions (7 U.S.C. 2264–2265). planning information (7 U.S.C. 5505). needed by Federal, State, and local (74) Provide for the dissemination of (83) Disseminate information on agencies administering food and appropriate rural health and safety materials and methods of pest and nutrition programs, and the general information resources possessed by the disease control available to agricultural public, to improve the nutritional National Agricultural Library Rural producers through the pest and disease quality of diets; Information Center, in cooperation with control database (7 U.S.C. 5882). (84) Represent the Department on all (iii) Coordinate nutrition education State educational program efforts (7 library and information science matters research and professional education U.S.C. 2662). projects within the Department; and before Congressional Committees and (75) Provide national leadership in (iv) Maintain data generated on food appropriate commissions, and provide the development and maintenance of composition in a National Nutrient Data representation to the coordinating library and related information systems Bank. committees of the Federal and State and other activities to support the (66) Conduct, in cooperation with the governments concerned with library and research, extension, and teaching Department of Health and Human information science activities. Services, the National Nutrition programs in the food and agricultural (85) Represent the Department in Monitoring and Related Research sciences pursuant to the National international organizational activities Program. Included in this delegation is Agricultural Research, Extension, and and on international technical the authority to: Teaching Policy Act of 1977, as committees concerned with library and (i) Design and carry out periodic amended (7 U.S.C. 3101 and 3121). information science activities. nationwide food consumption surveys (76) Administer the programs and (86) Prepare and disseminate to measure household food services of the National Agricultural computer files, indexes and abstracts, consumption; Library consistent with its charge to bibliographies, reviews and other (ii) Design and carry out a continuous, serve as the primary agricultural analytical information tools. longitudinal individual intake survey of information resource of the United (87) Arrange for the consolidated the United States population and States and enter into agreements and purchasing and dissemination of special high-risk groups; and receive funds from various entities to printed and automated indexes, (iii) Design and carry out conduct National Agricultural Library abstracts, journals, and other widely methodological research studies to activities (7 U.S.C. 3125a). used information resources and develop improved procedures for (77) Provide and distribute services. collecting household and individual information and data about Federal, (88) Provide assistance and support to food intake consumption data; State, local, and other rural professional organizations and others (67) Conduct a program of nutrition development assistance programs and concerned with library and information education research. services available to individuals and science matters and issues. (68) Provide staff support to the organizations. To the extent possible, (89) Copy and deliver on demand Under Secretary for Research, the National Agricultural Library shall selected articles and other materials Education, and Economics related to the use telecommunications technology to from the National Agricultural Library’s Ten-Year Comprehensive Plan and the disseminate such information to rural collections by photographic Interagency Board for Nutrition areas (7 U.S.C. 3125b). reproduction or other means within the Monitoring and Related Research (78) Assemble and collect food and permissions, constraints, and required by Pub. L. No. 101–445, 7 nutrition educational materials, limitations of sections 106, 107, and 108 U.S.C. 5301 et seq. including the results of nutrition of the Copyright Act of October 19, 1976 (69) Obtain and furnish excess research, training methods, procedures, (17 U.S.C. 106, 107 and 108). property to eligible recipients for use in and other materials related to the (90) Formulate, write, or prescribe the conduct of research and extension purposes of the National Agricultural bibliographic and technically related programs. Research, Extension, and Teaching standards for the library and (70) Provide resource information Policy Act of 1977, as amended; information systems of USDA. concerning rural electric and telephone maintain such information; and provide (91) Assure the acquisition, use and rural development efforts (7 for the dissemination of such preservation, and accessibility of all U.S.C. 917). information and materials on a regular information concerning food and 56450 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations agriculture by providing leadership to and organizations, Federal agencies, (17) Conduct a program of grants to and coordination of the acquisition private organizations or corporations, States to support continuing animal programs and related activities of the and individuals for research to further health and disease research programs library and information systems, with USDA programs (7 U.S.C. 450i(b)). under the National Agricultural the agencies of USDA, other Federal (8) Administer a program of special Research, Extension, and Teaching departments and agencies, State grants to carry out research to facilitate Policy Act of 1977, as amended (7 agricultural experiment stations, or expand promising breakthroughs in U.S.C. 3191–3201). colleges and universities, and other areas of food and agricultural sciences (18) Support continuing agricultural research institutions and organizations. and to facilitate or expand ongoing and forestry research and extension, (92) Determine by survey or other State-Federal food and agricultural resident instruction, and facilities appropriate means, the information research programs; and administer a improvement at 1890 land-grant needs of the Department’s scientific, program of facilities grants to renovate colleges, including Tuskegee University, professional, technical, and and refurbish research spaces (7 U.S.C. and administer a grant program for five administrative staffs, its constituencies, 450i (c) and (d)). National Research and Training and the general public in the areas of (9) Conduct a research and Centennial Centers (7 U.S.C. 3221, 3222, food, agriculture, the environment, and development program to formulate new and 3222a–3222c). other related areas. uses for farm and forest products (7 (19) Administer grants to 1890 land- (b) [Reserved] U.S.C. 1632(b)). grant colleges, including Tuskegee (10) Administer, in cooperation with University, to help finance and upgrade § 2.66 Administrator, Cooperative State agricultural and food science facilities Research, Education, and Extension the States, a cooperative rural development and small farm research which are used for research, extension, Service. and resident instruction (7 U.S.C. (a) Delegations. Pursuant to § 2.21 and extension program under the Rural Development Act of 1972, as amended 3222(b)–3223). (a)(1) and (a)(3), subject to the (20) Cooperate and work with reservations in § 2.21(b)(1), the (7 U.S.C. 2661–2667). (11) Provide national leadership and national and international institutions, following delegations of authority are Departments and Ministries of made by the Under Secretary for support for cooperative research and extension programs and other Agriculture in other nations, land-grant Research, Education, and Extension to colleges and universities, and other the Administrator, Cooperative State cooperative activities in the food and agricultural sciences to meet major persons throughout the world in the Research, Education, and Extension performance of agricultural research and Service. needs and challenges in food and agricultural system productivity; extension activities (7 U.S.C. 3291). (1) Administer research and (21) Administer grants to States in development of new food, fiber, and technology development grants related support of the establishment and energy sources; agricultural energy use to the economic feasibility of the operation of International Trade and production; natural resources; manufacture and commercialization of Development Centers (7 U.S.C. 3292). natural rubber from hydrocarbon- promotion of the health and welfare of (22) Conduct program evaluations to containing plants (7 U.S.C. 178–178n). people; human nutrition; and improve the administration and efficacy (2) Administer the appropriation for international food and agriculture of the cooperative research grants and the endowment and maintenance of pursuant to the National Agricultural extension programs involving State colleges for the benefit of agriculture Research, Extension, and Teaching agricultural experiment stations, and the mechanical arts (7 U.S.C. 321– Policy Act of 1977, as amended (7 cooperative extension services, and 326a). U.S.C. 3101 et seq.). colleges and universities (7 U.S.C. (3) Administer teaching funds (12) Conduct a program of grants to 3317). authorized by section 22 of the States to expand, renovate, or improve (23) Enter into contracts, grants, or Bankhead Jones Act, as amended (7 schools of veterinary medicine (7 U.S.C. cooperative agreements to further U.S.C. 329). 3151). research, extension or teaching activities (4) Cooperate with the States for the (13) Administer higher education in the food and agricultural sciences (7 purpose of encouraging and assisting programs in the food and agricultural U.S.C. 3318) them in carrying out research related to sciences and administer grants to (24) Enter into cost-reimbursable the problems of agriculture in its colleges and universities (7 U.S.C. agreements relating to agricultural broadest aspects under the Hatch Act, as 3152). research, extension or teaching activities amended (7 U.S.C. 361a–361i). (14) Administer the National Food (7 U.S.C. 3319a). (5) Support agricultural research at and Agricultural Sciences Teaching (25) Provide technical assistance to eligible institutions in the States Awards program for recognition of farm owners and operators, marketing through provision of Federal-grant educators in the food and agricultural cooperatives, and others in the funds to help financial physical sciences (7 U.S.C. 3152). development and implementation of a research facilities (7 U.S.C. 390–390k). (15) Administer grants to colleges, research and pilot project program for (6) Carry out a program (IR–4 universities, and Federal laboratories for the development of supplemental and Program) for the collection of residue research on the production and alternative crops (7 U.S.C. 3319d). and efficacy data in support of minor marketing of alcohol and industrial (26) Administer an aquacultural use pesticide registration or hydrocarbons from agricultural assistance program, involving centers, reregistration and to determine commodities and forest products (7 by making grants to eligible institutions tolerances for minor use chemical U.S.C. 3154). for research and extension to facilitate residues in or on agricultural (16) Administer a grant, in or expand production and marketing of commodities (7 U.S.C. 450i(e)). consultation with the Agricultural aquacultural food species and products; (7) Administer a program of Research Service, for the establishment conducting a program of extension and competitive grants to State agricultural of a food science and nutrition research demonstration centers; and making experiment stations, colleges and center for the Southeast Region of the grants to States to formulate aquaculture universities, other research institutions United States (7 U.S.C. 3174). development plans for the production Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56451 and marketing of aquaculture species of a plant genome mapping program (7 established by the National Aquaculture and products (7 U.S.C. 3322). U.S.C. 5924). Act of 1980 and coordinate aquacultural (27) Administer grants to further (40) Support research related to the responsibilities within the Department develop and expand aquaculture development of new commercial (16 U.S.C. 2805). research facilities for intensive water products derived from natural plant (54) Administer extension education recirculating aquaculture systems (7 materials for industrial, medical, and programs in aquaculture and administer U.S.C. 3323). agricultural applications (7 U.S.C. grants related to research and (28) Administer a cooperative 5925). development in aquaculture (16 U.S.C. rangeland research program (7 U.S.C. (41) Administer a competitive grants 2806). 3331–3336). program to develop production methods (55) Coordinate research by (29) Administer grants for basic and commercial uses for mesquite (7 cooperating State research institutions research on cancer in animals and birds U.S.C. 5925). and administer education and (7 U.S.C. 3902). (42) Administer a competitive grants information activities assigned under (30) Administer programs and program to investigate enhanced the Defense Production Act of 1950, as conduct projects in cooperation with selection and processing techniques of amended (50 U.S.C. App. 2061 et seq.), other agencies for research and prickly pears (7 U.S.C. 5925). and title VI of the Robert T. Stafford education on sustainable agriculture (7 (43) Support research to determine Disaster Relief and Emergency U.S.C. 5811–5813). the presence of aflatoxin in the food and Assistance Act (42 U.S.C. 5195 et seq.). (31) Administer a cooperative feed chains (7 U.S.C. 5925). (56) Provide management support research and extension program to (44) Administer research and services to agencies reporting to the optimize crop and livestock production extension grants for the development of Under Secretary for Research, potential in integrated resource agricultural production and marketing Education, and Economics in the management and integrated crop systems to service niche markets (7 administration of discretionary grants. management systems (7 U.S.C. 5821). U.S.C. 5925). (57) Represent the Department on the (45) Administer a grants program to (32) Establish an Agricultural Weather Federal Interagency Council on States on immunoassay, as it is used to Office and administer a national Education. detect agricultural pesticide residues on agricultural weather information (58) Conduct and coordinate agricultural commodities and to system, including competitive grants Departmental research programs on diagnose plant and animal diseases (7 program for research in atmospheric water quality and nutrient management U.S.C. 5925). sciences and climatology (7 U.S.C. (7 U.S.C. 5504). (46) Establish and administer a 5852–5853). (59) Establish and administer program for the development and education programs relating to water (33) Administer a cooperative utilization of an agricultural quality (7 U.S.C. 5503). extension program on agricultural communications network (7 U.S.C. (60) Administer education programs weather forecasts and climate 5926). information for agricultural producers (47) Administer a competitive grants for the users and dealers of and administer a grant program to States program, in consultation with the agrichemicals (7 U.S.C. 5506). to administer programs for State Agricultural Research Service, to (61) Administer a cooperative agricultural weather information establish national centers for agricultural extension program in systems (7 U.S.C. 5854). agricultural product quality research (7 accordance with the Smith-Lever Act, as (34) In cooperation with the U.S.C. 5928). amended (7 U.S.C. 341–349). Agricultural Research Service, (48) Administer a special grants (62) Administer a cooperative administer competitive research grants program to study constraints on agricultural extension program related regarding the production, preparation, agricultural trade (7 U.S.C. 5931). to agriculture, uses of solar energy with processing, handling, and storage of (49) Support research on the effects of respect to agriculture, and home agriculture products (7 U.S.C. 5871– global climate change in agriculture and economics in the District of Columbia 5874). forestry, including mitigation of the (D.C. Code 31–1409). (35) Administer a grants and contracts effects on crops of economic (63) Conduct educational and program on integrated pest management significance, and on the effects of the demonstration work related to the including research to benefit floriculture emissions of certain gases on global distribution and marketing of a and administer an extension program climate change (7 U.S.C. 6702). agricultural products under the developed for integrated pest (50) Administer the Small Business Agricultural Marketing Act of 1946, as management (7 U.S.C. 5881). Innovation Development Act of 1982 for amended (7 U.S.C. 1621–1627). (36) Administer a grants program to USDA (15 U.S.C. 638(e)-(k)). (64) Administer a competitive grant States on the control of infestations and (51) Administer a competitive program for non-profit institutions to eradication of exotic pests (7 U.S.C. forestry, natural resources, and establish and operate centers for rural 5883). environmental grant program (16 U.S.C. technology or cooperative development (37) Administer a grant program for 582a-8). (7 U.S.C. 1932(f)). risk assessment research to address (52) Establish and administer the (65) Administer a nutrition education concerns about the environmental Forestry Student Grant Program to program for Food Stamp recipients and effects of biotechnology (7 U.S.C. 5921). provide competitive grants to assist the for the distribution of commodities on (38) Administer a special grants expansion of the professional education reservations (7 U.S.C. 2020(f)). program to assist efforts by research of forestry, natural resources, and (66) Administer a grants program for institutions to improve the efficiency environmental scientists (16 U.S.C. rural health and safety education (7 and efficacy of safety and inspection 1649). U.S.C. 2662). systems for livestock products (7 U.S.C. (53) Provide staff support to the (67) Administer a rural economic and 5923). Secretary of Agriculture in his or her business development program to (39) Administer a competitive grants role as permanent Chair for the Joint employ specialists to assist individuals program in support of the development Subcommittee on Aquaculture in business activities (7 U.S.C. 2662). 56452 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations

(68) Administer a national program to (82) Administer education programs (b) [Reserved] provide rural citizens with training to on Indian reservations and tribal increase their leadership abilities (7 jurisdictions (7 U.S.C. 5930). § 2.67 Administrator, Economic Research Service. U.S.C. 2662). (83) Administer competitive grants to (69) Administer a competitive grant States to establish a pilot project to (a) Delegations. Pursuant to § 2.21 program for financially stressed farmers, coordinate food and nutrition education (a)(3), (a)(8) and (a)(9), subject to dislocated farmers, and rural families (7 programs (7 U.S.C. 2027(a) and 5932). reservations in § 2.21(b)(2), the U.S.C. 2662(f)). (84) Administer a demonstration following delegations of authority are (70) Administer a grant program to grants program for support of an made by the Under Secretary for improve the rural health infrastructure assistive technology program for farmers Research, Education, and Economics to (7 U.S.C. 2662 note). with disabilities (7 U.S.C. 5933). the Administrator, Economic Research (85) Conduct educational and Service: (71) Administer a competitive grant demonstrational work in cooperative (1) Conduct economic research on program to establish demonstration farm forestry programs (16 U.S.C. 568). matters of importance to cooperatives as areas for rural economic development (7 (86) Provide for an expanded and authorized by the Agricultural U.S.C. 2662a). comprehensive extension program for Marketing Act of 1946 (7 U.S.C. 1621– (72) Administer a cooperative forest and rangeland renewable 1627). extension program under the Farmer-to- resources (16 U.S.C. 1671–1676). (2) Conduct economic and social Consumer Direct Marketing Act of 1976 (87) Conduct forestry and natural science research and analyses relating (7 U.S.C. 3004). resource education programs, including to: (73) Identify and compile information guidelines for technology transfer (16 (i) food and agriculture situation and on methods of composting agricultural U.S.C. 1674). outlook; wastes and its potential uses and (88) Provide technical, financial, and (ii) the production, marketing, and develop educational programs on educational assistance to State foresters distribution of food and fiber products composting (7 U.S.C. 3130). and State extension directors on rural (excluding forest and forest products), (74) Administer a national food and forestry assistance (16 U.S.C. 2102). including studies of the performance of human nutrition extension program (89) Provide educational assistance to the food and agricultural sector of the under the National Agricultural State foresters under the Forest economy in meeting needs and wants of Research, Extension, and Teaching Stewardship Program (16 U.S.C. 2103a). consumers; (90) Implement and conduct an Policy Act of 1977, as amended (7 (iii) basic and long-range, worldwide, educational program to assist the U.S.C. 3171–3175). economic analyses and research on development of urban and community (75) Make grants, under such terms supply, demand, and trade in food and forestry programs (16 U.S.C. 2105). and conditions as the Administrator fiber products and the effects on the (91) Provide educational assistance to determines, to eligible institutions for U.S. food and agriculture system, farmers regarding the Agricultural Water the purpose of assisting such including general economic analyses of Quality Protection Program (16 U.S.C. institutions in the purchase of the international financial and monetary 3838b). equipment and land, and the planning, aspects of agricultural affairs; construction, alteration, or renovation of (92) Authorize the use of the 4–H Club name and emblem (18 U.S.C. 707). (iv) natural resources, including buildings, to provide adequate facilities studies of the use and management of to conduct extension work, and issue (93) Conduct demonstrational and promotional activities related to farm land and water resources, the quality of rules and regulations as necessary to these resources, resource institutions, carry out this authority (7 U.S.C. 3224). dwellings and other buildings for the purposes of reducing costs and adapting and watershed and river basin (76) Design educational programs, development problems; and implement, and distribute materials in and developing fixtures and appurtenances for more efficient and (v) rural people and communities, as cooperation with the cooperative authorized by title II of the Agricultural extension services of the States economical farm use (42 U.S.C. 1476(b)). Marketing Act of 1946, as amended (7 emphasizing the importance of U.S.C. 1621–1627), and the Act of June productive farmland pursuant to section (94) Provide leadership and direct assistance in planning, conducting, and 29, 1935, as amended (7 U.S.C. 427). 1544(a) of the Farmland Protection (3) Perform economic and other social Policy Act (7 U.S.C. 4205(a)). evaluating extension programs under a memorandum of agreement with the science research under section 104(b) (77) Establish and administer Bureau of Indian Affairs dated May (1) and (3) of the Agricultural Trade education programs relating to water 1956. Development and Assistance Act of quality (7 U.S.C. 5503). (95) Exercise the responsibilities of 1954, as amended, with funds (78) Design, implement, and develop the Secretary under regulations dealing administered by the Foreign handbooks, technical guides, and other with Equal Employment Opportunity Agricultural Service (7 U.S.C. educational materials emphasizing (part 18 of this title). 1704(b)(1), (3)). sustainable agriculture production (96) Carry out demonstration and (4) Investigate and make findings as to systems and practices (7 U.S.C. 5831). educational activities authorized in the effect upon the production of food (79) Administer a competitive grant section 202(c) of the Colorado River and upon the agricultural economy of program to organizations to carry out a Basin Salinity Control Act (43 U.S.C. any proposed action pending before the training program on sustainable 1592(c)). Administrator of the Environmental agriculture (7 U.S.C. 5832). (97) Provide educational and Protection Agency for presentation in (80) Establish a national pesticide technical assistance in implementing the public interest, before said resistance monitoring program (7 U.S.C. and administering the conservation Administrator, other agencies, or before 5882). reserve program authorized in sections the courts. (81) Conduct educational programs on 1231–1244 of the Food Security Act of (5) Review economic data and the biology and behavior of chinch bugs 1985 (Pub. L. No. 99–198, 99 Stat. 1509, analyses used in speeches by (7 U.S.C. 5884). 16 U.S.C. 3831–3844). Department personnel and in materials Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56453 prepared for release through the press, (10) Enter into cost-reimbursable maintenance of sampling frames, and radio and television. agreements relating to agricultural related activities. Prepare reports of the (6) Cooperate and work with national research (7 U.S.C. 3319a). Agricultural Statistics Board of the and international institutions and other (11) Provide Department leadership Department of Agriculture covering persons throughout the world in the in: official state and national estimates (7 performance of agricultural research and (i) Analyzing and evaluating existing U.S.C. 411a, 475, 951, and 2204). extension activities to promote and and proposed energy policies and (2) Take such security precautions as support the development of a viable and strategies, including those regarding the are necessary to prevent disclosure of sustainable global agricultural system. allocation of scarce resources; crop or livestock report information Such work may be carried out by: (ii) Developing energy policies and prior to the scheduled issuance time (i) Exchanging research materials and strategies, including those regarding the approved in advance by the Secretary of results with the institutions or persons; allocation of scarce resources; Agriculture and take such actions as are (ii) Engaging in joint or coordinated (iii) Reviewing and evaluating necessary to avoid disclosure of research; Departmental energy and energy-related confidential data or information (iii) Entering into cooperative programs and program progress; supplied by any person, firm, arrangements with Departments and (iv) Developing agricultural and rural partnership, corporation, or association Ministries of Agriculture in other components of national energy policy (18 U.S.C. 1902, 1905, and 2072). nations to conduct research, extension; plans; and (3) Improve statistics in the and education activities (limited to (v) Preparing reports on energy and Department; maintain liaison with OMB arrangements either involving no energy-related policies and programs and other Federal agencies for exchange of funds or involving required under Acts of Congress and coordination of statistical methods and disbursements by the agency to the Executive orders, including those techniques. institutions of other nations), and then involving testimony and reports on (4) Administer responsibilities and reporting these arrangements to the legislative proposals. functions assigned under the Defense Under Secretary for Research, (11) Provide Departmental oversight Production Act of 1950, as amended (50 Education, and Economics; and coordination with respect to U.S.C. App. 2061 et seq.), and title VI (iv) Stationing representatives at such resources available for energy and of the Robert T. Stafford Disaster Relief institutions or organizations in foreign energy-related activities, including and Emergency Assistance Act (42 countries; or funds transferred to USDA from the (v) Entering into agreements with U.S.C. 5195 et seq.), concerning departments and agencies of the Federal coordination of damage assessment; and land-grant colleges and universities, Government pursuant to interagency other organizations, institutions, or food and agricultural aspects of agreements. agricultural statistics. individuals with comparable goals, and (12) Represent the Under Secretary for with the concurrence of the Office of (5) Enter into contracts, grants, or Research, Education, and Economics at cooperative agreements to further International Cooperation and conferences, meetings, and other Development, USDA, international research and statistical reporting contacts where energy matters are programs in the food and agricultural organizations (limited to agreements discussed, including liaison with the either involving no exchange of funds or sciences (7 U.S.C. 3318). Department of Energy and other (6) Enter cost-reimbursable involving disbursements by the agency governmental departments and to the cooperator), and then reporting agreements relating to agricultural agencies. research and statistical reporting (7 these agreements to the Under Secretary (13) Provide the Under Secretary for U.S.C. 3319a). for Research, Education, and Economics Research, Education, and Economics (7) Cooperate and work with national (7 U.S.C. 3291(a)). with such assistance as he may request and international institutions and other (7) Prepare for transmittal by the to perform the duties delegated to him persons throughout the world in the Secretary to the President and both concerning energy. performance of agricultural research and Houses of Congress, an analytical report (b) Reservation. The following extension activities to promote and under section 5 of the Agricultural authority is reserved to the Under support the development of a viable and Foreign Investment Disclosure Act of Secretary for Research, Education, and sustainable global agricultural system. 1978 (7 U.S.C. 3504) concerning the Economics: Review all proposed Such work may be carried out by: effect of holdings, acquisitions, and decisions having substantial economic transfers of U.S. agricultural land by policy implications. (i) Exchanging research materials and foreign persons. results with the institutions or persons; (8) Administer responsibilities and § 2.68 Administrator, National Agricultural (ii) Engaging in joint or coordinated functions assigned under the Defense Statistics Service. research; Production Act of 1950, as amended (50 (a) Delegations. Pursuant to § 2.21 (iii) Entering into cooperative U.S.C. App. 2061 et seq.), and title VI (a)(3) and (a)(8), subject to reservations arrangements with Departments and of the Robert T. Stafford Disaster Relief in § 2.21(b)(2), the following delegations Ministries of Agriculture in other and Emergency Assistance Act (42 of authority are made by the Under nations to conduct research, extension, U.S.C. 5195 et seq.), concerning Secretary for Research, Education, and and education activities (limited to estimates of supplies of agricultural Economics to the Administrator, arrangements either involving no commodities and evaluation of National Agricultural Statistics Service: exchange of funds or involving requirements therefor; food and (1) Prepare crop and livestock disbursements by the agency to the agricultural aspects of economic estimates and administer reporting institutions of other nations), and then stabilization and economic research; programs, including estimates of reporting these arrangements to the and coordination of energy programs. production, supply, price, and other Under Secretary for Research, (9) Enter into contracts, grants, or aspects of the U.S. agricultural Education, and Economics; cooperative agreements to further economy, collection of statistics, (iv) Stationing representatives at such research programs in the food and conduct of enumerative and objective institutions or organizations in foreign agricultural sciences (7 U.S.C. 3318). measurement surveys, construction and countries; or 56454 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations

(v) entering into agreements with Chief Economist to the Chairman, World (4) Related to remote sensing. (i) land-grant colleges and universities, Agricultural Outlook Board: Provide technical assistance, other organizations, institutions, or (1) Related to food and agriculture coordination, and guidance to individuals with comparable goals, and, outlook and situation. (i) Coordinate Department agencies in planning, with the concurrence of the Foreign and review all crop and commodity data developing, and carrying out satellite Agricultural Service, international used to develop outlook and situation remote sensing activities to assure full organizations (limited to agreements material within the Department. consideration and evaluation of either involving no exchange of funds or (ii) Oversee and clear for consistency advanced technology. involving disbursements by the agency analytical assumptions and results of all (ii) Coordinate administrative, to the cooperator), and then reporting estimates and analyses which management, and budget information these agreements to the Under Secretary significantly relate to international and relating to the Department’s remote for Research, Education, and Economics domestic commodity supply and sensing activities including: (7 U.S.C. 3291(a)). demand, including such estimates and (A) Inter- and intra-agency meetings, (b) Reservation. The following analyses prepared for public correspondence, and records; authority is reserved to the Under distribution by the Foreign Agricultural (B) Budget and management tracking Secretary for Research, Education, and Service, the Economic Research Service, systems; and Economics: Review all proposed or by any other agency or office of the (C) Inter-agency contacts and decisions having substantial economic Department. technology transfer. policy implications. (2) Related to weather and climate. (i) (iii) Designate the Executive Secretary Advise the Secretary on climate and for the Remote Sensing Coordination Subpart LÐDelegations of Authority weather activities, and coordinate the Committee. by the Chief Economist development of policy options on (5) Related to long-range commodity and agricultural-sector projections. § 2.70 Deputy Chief Economist. weather and climate. (ii) Coordinate all weather and Establish committees of the agencies of Pursuant to § 2.29, the following climate information and monitoring the Department to coordinate the delegation of authority is made by the activities within the Department and development of a set of analytical Chief Economist to the Deputy Chief provide a focal point in the Department assumptions and long-range Economist, to be exercised only during for weather and climate information and agricultural-sector projections (2 years the absence or unavailability of the impact assessment. and beyond) based on commodity Chief Economist: Perform all the duties (iii) Arrange for appropriate projections consistent with these and exercise all the powers which are representation to attend all meetings, assumptions and coordinated through now or which may hereafter be hearings, and task forces held outside the Interagency Commodity Estimates delegated to the Chief Economist. the Department which require such Committees. (b) Reservation. The following § 2.71 Director, Office of Risk Assessment representation. and Cost-Benefit Analysis. (iv) Designate the Executive Secretary authority is reserved to the Chief Economist: Review all proposed (a) Delegations. Pursuant to of the USDA Weather and Climate decisions having substantial economic § 2.29(a)(2), the following delegations of Program Coordinating Committee. policy implications. authority are by the Chief Economist to (3) Related to interagency commodity the Director, Office of Risk Assessment estimates committees. (i) Establish Interagency Commodity Estimates Subpart MÐDelegations of Authority and Cost-Benefit Analysis: by the Chief Financial Officer (1) Responsible for assessing the risks Committees for Commodity Credit to human health, human safety, or the Corporation price-supported § 2.75 Deputy Chief Financial Officer. environment, and for preparing cost- commodities, for major products Pursuant to § 2.28, the following benefit analyses, with respect to thereof, and for commodities where a delegation of authority is made by the proposed major regulations, and for need for such a committee has been Chief Financial Officer to the Deputy publishing such assessments and identified, in order to bring together Chief Financial Officer, to be exercised analyses in the Federal Register as estimates and supporting analyses from only during the absence or required by section 304 of the participating agencies, and to develop unavailability of the Chief Financial Department of Agriculture official estimates of supply, utilization, Officer: Perform all the duties and Reorganization Act of 1994 (7 U.S.C. and prices for commodities, including exercise all the powers which are now 2204e) the effects of new program proposals on or which may hereafter be delegated to (2) Provide direction to Department acreage, yield, production, imports, the Chief Financial Officer. agencies in the appropriate methods of domestic utilization, price, income, risk assessment and cost-benefit support programs, carryover, exports, Subpart NÐDelegations of Authority analyses and coordinate and review all and availabilities for export. by the Assistant Secretary for risk assessments and cost-benefit (ii) Designate the Chairman, who shall Marketing and Regulatory Programs analyses prepared by any agency of the also act as Secretary, for all Interagency Commodity Estimates Committees. § 2.77 Deputy Assistant Secretary for Department. Marketing and Regulatory Programs. (b) Reservation. The following (iii) Assure that all committee authority is reserved to the Chief members have the basic assumptions, Pursuant to § 2.22(a), subject to Economist: Review all proposed background data and other relevant data reservations in § 2.22(b), and subject to decisions having substantial economic regarding the overall economy and policy guidance and direction by the policy implications. market prospects for specific Assistant Secretary, the following commodities. delegation of authority is made by the § 2.72 Chairman, World Agricultural (iv) Review for consistency of Assistant Secretary for Marketing and Outlook Board. analytical assumptions and results all Regulatory Programs to the Deputy (a) Delegations. Pursuant to § 2.29 proposed decisions made by Assistant Secretary for Marketing and (a)(3) through (a)(7), the following Commodity Estimates Committees prior Regulatory Programs, to be exercised delegations of authority are made by the to any release outside the Department. only during the absence or Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56455 unavailability of the Assistant Secretary: USDA and CCC-owned commodities in 1787), except as specified in Perform all the duties and exercise all connection with USDA programs. §§ 2.42(a)(25) and 2.43(a)(24); the powers which are now or which (8) Exercise the functions of the (xxxi) Egg Research and Consumer may hereafter be delegated to the Secretary of Agriculture contained in Information Act (7 U.S.C. 2701–2718), Assistant Secretary for Marketing and the following legislation: except as delegated in § 2.43(a)(24); Regulatory Programs. (i) U.S. Cotton Standards Act (7 U.S.C. (xxxii) Beef Research and Information 51–65); Act, as amended, (7 U.S.C. 2901–2918), § 2.79 Administrator, Agricultural (ii) Cotton futures provisions of the except as delegated in §§ 2.42(a)(29) and Marketing Service. Internal Revenue Code of 1954 (26 2.43(a)(24); (a) Delegations. Pursuant to § 2.22 U.S.C. 4854, 4862–4865, 4876, and (xxxiii) Wheat and Wheat Foods (a)(1), (a)(5) and (a)(8), subject to 7263); Research and Nutrition Education Act (7 reservations in § 2.22(b)(1), the (iii) Cotton Statistics and Estimates U.S.C. 3401–3417), except as delegated following delegations of authority are Act, as amended (7 U.S.C. 471–476), in § 2.43(a)(24); made by the Assistant Secretary for except as otherwise assigned; (xxxiv) Egg Products Inspection Act Marketing and Regulatory Programs to (iv) [Reserved] relating to the shell egg surveillance the Administrator, Agricultural (v) Naval Stores Act (7 U.S.C. 91–99); program, voluntary laboratory analyses Marketing Service: (vi) Tobacco Inspection Act (7 U.S.C. of egg products, and the voluntary egg (1) Exercise the functions of the 511–511q); grading program (21 U.S.C. 1031–1056); Secretary of Agriculture contained in (vii) Wool Standards Act (7 U.S.C. (xxxv) Section 32 of the Act of August the Agricultural Marketing Act of 1946, 415–415d); 24, 1935 (7 U.S.C. 612c), as as amended (7 U.S.C. 1621–1627), (viii) Agricultural Marketing supplemented by the Act of June 28, including payments to State Agreement Act of 1937, as amended (7 1937 (15 U.S.C. 713c), and related departments of agriculture in U.S.C. 601, 602, 608a-608e, 610, 612, legislation, except functions which are connection with cooperative marketing 614, 624, 671–674); otherwise assigned relating to the service projects under section 204(b) (7 (ix) Cotton Research and Promotion domestic distribution and donation of U.S.C. 1623(b)), but excepting matters Act (7 U.S.C. 2101–2118) and section agricultural commodities and products otherwise assigned. 610 of the Agricultural Act of 1970 (7 thereof following the procurement (2) Conduct marketing efficiency U.S.C. 2119), except as specified in thereof; research and development activities § 2.43(a)(24); (xxxvi) Procurement of agricultural directly applicable to the conduct of the (x) Export Apple and Pear Act (7 commodities and other foods under Wholesale Market Development U.S.C. 581–590); section 6 of the National School Lunch Program, specifically: (xi) Export Grape and Plum Act (7 Act of 1946, as amended (42 U.S.C. (i) Studies of facilities and methods U.S.C. 591–599); 1755); used in physical distribution of food (xii) Titles I, II, IV, and V of the (xxxvii) In carrying out the and other farm products; Federal Seed Act, as amended (7 U.S.C. procurement functions in paragraphs (ii) Studies designed to improve 1551–1575, 1591–1611); (a)(8) (xxxv) and (xxxvi) of this section, handling of all agricultural products as (xiii) Perishable Agricultural the Administrator, Agricultural they are moved from farms to Commodities Act (7 U.S.C. 499a-499s); Marketing Service shall, to the extent consumers; and (xiv) Produce Agency Act (7 U.S.C. practicable, use the commodity 491–497); (iii) application of presently available procurement, handling, payment and (xv) Tobacco Seed and Plant scientific knowledge to the solution of related services of the Farm Service Exportation Act (7 U.S.C. 516–517); practical problems encountered in the Agency; (xvii) Tobacco Statistics Act (7 U.S.C. (xxxviii) Act of May 23, 1908, marketing of agricultural products (7 501–508); regarding inspection of dairy products U.S.C. 1621–1627). (xxii) Section 401(a) of the Organic for export (21 U.S.C. 693); (3) Exercise the functions of the Act of 1944 (7 U.S.C. 415e); (xxxix) The Pork Promotion, Secretary of Agriculture relating to the (xxiii) Agricultural Fair Practices Act Research, and Consumer Information transportation activities contained in (7 U.S.C. 2301–2306); Act of 1985 (7 U.S.C. 4801–4819), section 203(j) of the Agricultural (xxiv) Wheat Research and Promotion except as specified in § 2.43(a)(24); Marketing Act of 1946 (7 U.S.C. 1622(j)) Act (7 U.S.C. 1292 note), except as (xl) The Watermelon Research and as amended, but excepting matters specified in § 2.43(a)(24); Consumer Information Act (7 U.S.C. otherwise assigned. (xxv) Plant Variety Protection Act (7 4901–4616); (4) Administer transportation U.S.C. 2321–2331, 2351–2357, 2371- (xli) The Honey Research, Promotion, activities under section 201 of the 2372, 2401–2404, 2421–2427, 2441– and Consumer Information Act (7 U.S.C. Agricultural Adjustment Act of 1938 (7 2443, 2461–2463, 2481–2486, 2501– 4601–4612); U.S.C. 1291). 2504, 2531–2532, 2541–2545, 2561– (xlii) Subtitles B and C of the Dairy (5) Apply results of economic 2569, 2581–2583), except as delegated Production Stabilization Act of 1983, as research and operations analysis to to the Judicial Officer; amended (7 U.S.C. 4501–4513, 4531– evaluate transportation issues and to (xxvi) Subtitle B of title I and section 4538); recommend revisions of current 301(4) of the Dairy and Tobacco (xliii) The Floral Research and procedures. Adjustment Act of 1983 (7 U.S.C. 4501– Consumer Information Act (7 U.S.C. (6) Serve as the focal point for all 4513, 4514(4)), except as specified in 4301–4319); Department transportation matters § 2.43(a)(24); (xliv) Section 213 of the Tobacco including development of policies and (xxvii) Potato Research and Promotion Adjustment Act of 1983, as amended (7 strategies. Act (7 U.S.C. 2611–2627), except as U.S.C. 511r); (7) Cooperate with other Departmental specified in § 2.43(a)(24); (xlv) National Laboratory agencies in the development and (xxviii) [Reserved] Accreditation Program (7 U.S.C. 138– recommendation of policies and (xxix) Section 708 of the National 138i) with respect to laboratories programs for inland transportation of Wool Act of 1954, as amended (7 U.S.C. accredited for pesticide residue analysis 56456 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations in fruits and vegetables and other (i) Sections 104 (a), (b), and (c)(4) of (xiii) Section 121 of the Act (42 U.S.C. agricultural commodities, except those the Act (42 U.S.C. 9604 (a), (b), and 9621), with respect to cleanup laboratories analyzing only meat and (c)(4)), with respect to removal and standards; and poultry products; remedial actions in the event of release (xiv) Section 122 of the Act (42 U.S.C. (xlvi) Pecan Promotion and Research or threatened release of a hazardous 9622), with respect to settlements, but Act of 1990 (7 U.S.C. 6001–6013), substance, pollutant, or contaminant excluding section 122(b)(1) of the Act except as specified in § 2.43(a)(24); into the environment; (42 U.S.C. 9622(b)(1)), related to mixed (xlvii) Mushroom Promotion, (ii) Sections 104(e)–(h) of the Act (42 funding agreements. Research, and Consumer Information U.S.C. 9604(e)–(h)), with respect to (12) With respect to facilities and Act of 1990 (7 U.S.C. 6101–6112), information gathering and access activities under his or her authority, to except as specified in § 2.43(a)(24); requests and orders; compliance with exercise the authority of the Secretary of (xlviii) Lime Research, Promotion, Federal health and safety standards and Agriculture pursuant to section 1–102 and Consumer Information Act of 1990 wage and labor standards applicable to related to compliance with applicable (7 U.S.C. 6201–6212), except as covered work; and emergency pollution control standards and section specified in § 2.43(a)(24); procurement powers; 1–601 of Executive Order 12088, 3 CFR, (xlix) Soybean Promotion, Research, (iii) Section 104(i)(11) of the Act (42 1978 Comp., p. 243, to enter into an and Consumer Information Act (7 U.S.C. U.S.C. 9604(i)(11)), with respect to the inter-agency agreement with the United 6301–6311), except as specified in reduction of exposure to significant risk States Environmental Protection § 2.43(a)(24); to human health; Agency, or an administrative consent (l) Fluid Milk Promotion Act of 1990 (iv) Section 104(j) of the Act (42 order or a consent judgment in an (7 U.S.C. 6401–6417); U.S.C. 9604(j)), with respect to the appropriate State, interstate, or local (li) Producer Research and Promotion acquisition of real property and interests agency, containing a plan and schedule Board Accountability (104 Stat. 3927); in real property required to conduct a to achieve and maintain compliance (lii) Consistency with International remedial action; with applicable pollution control Obligations of the United States (7 (v) The first two sentences of section standards established pursuant to the U.S.C. 2278); 105(d) of the Act (42 U.S.C. 9605(d)), following: with respect to petitions for preliminary (liii) Organic Foods Production Act of (i) Solid Waste Disposal Act, as assessment of a release or threatened 1990 (7 U.S.C. 6501–6522) provided that amended by the Resource Conservation release; the Administrator, Agricultural and Recovery Act, as further amended (vi) Section 105(f) of the Act (42 Marketing Service, will enter into by the Hazardous and Solid Waste U.S.C. 9605(f)), with respect to agreements, as necessary, with the Amendments, and the Federal Facility consideration of the availability of Administrator, Food Safety and Compliance Act (42 U.S.C. 6901 et seq.); qualified minority firms in awarding Inspection Service, to provide (ii) Federal Water Pollution contracts, but excluding that portion of inspection services; Prevention and Control Act, as amended section 105(f) pertaining to the annual (liv) Pesticide Recordkeeping (7 (33 U.S.C. 1251 et seq.); report to Congress; (iii) Safe Drinking Water Act, as U.S.C. 136i–l) with the provision that (vii) Section 109 of the Act (42 U.S.C. amended (42 U.S.C. 300f et seq.); the Administrator, Agricultural 9609), with respect to the assessment of (iv) Clean Air Act, as amended (42 Marketing Service, will enter into civil penalties for violations of section U.S.C. 7401 et seq.); agreements, as necessary, with other 122 of the Act (42 U.S.C. 9622), and the (v) Noise Control Act of 1972, as Federal agencies; granting of awards to individuals amended (42 U.S.C. 4901 et seq.); (lv) the International Carriage of providing information; (vi) Toxic Substances Control Act, as Perishable Foodstuffs Act (7 U.S.C. (viii) Section 111(f) of the Act (42 amended (15 U.S.C. 2601 et seq.); 4401–4406); and U.S.C. 9611(f)), with respect to the (vii) Federal Insecticide, Fungicide, (lvi) The Sheep Promotion, Research, designation of officials who may and Rodenticide Act, as amended (7 and Information Act (7 U.S.C. 7101– obligate money in the Hazardous U.S.C. 136 et seq.); and 7111). Substances Superfund; (viii) Comprehensive Environmental (9) Furnish, on request, copies of (ix) Section 113(k) of the Act (42 Response, Compensation, and Liability programs, pamphlets, reports, or other U.S.C. 9613(k)), with respect to Act of 1980, as amended by the publications for missions or programs as establishing an administrative record Superfund Amendments and may otherwise be delegated or assigned upon which to base the selection of a Reauthorization Act of 1986 (42 U.S.C. to the Administrator, Agricultural response action and identifying and 9601 et seq.). Marketing Service and charge user fees notifying potentially responsible parties; (b) Reservations. The following therefore, as authorized by section 1121 (x) Section 116(a) of the Act (42 authorities are reserved to the Assistant of the Agriculture and Food Act of 1981, U.S.C. 9616(a)), with respect to Secretary for Marketing and Regulatory as amended by section 1769 of the Food preliminary assessment and site Programs: Security Act of 1985, 7 U.S.C. 2242a. inspection of facilities; (1) Taking final action on regulations (10) Collect, summarize, and publish (xi) Sections 117(a) and (c) of the Act under section 8c(15)(A) of the data on the production, distribution, (42 U.S.C. 9617 (a) and (c)), with respect Agricultural Marketing Agreement Act and stocks of sugar. to public participation in the of 1937 (7 U.S.C. 608c(15)(A)); section (11) With respect to land and facilities preparation of any plan for remedial 12(a) of the Cotton Research and under his or her authority, exercise the action and explanation of variances Promotion Act (7 U.S.C. 2111(a)); functions delegated to the Secretary by from the final remedial action plan for section 311(a) of the Potato Research Executive Order 12580, 3 CFR, 1987 any remedial action or enforcement and Promotion Act (7 U.S.C. 2620(a)); Comp., p. 193, under the following action, including any settlement or section 118(a) of the Dairy Production provisions of the Comprehensive consent decree entered into; Stabilization Act of 1983, as amended, Environmental Response, (xii) Section 119 of the Act (42 U.S.C. (7 U.S.C. 4509(a)); section 1625(a) of the Compensation, and Liability Act of 1980 9119), with respect to indemnifying Pork Promotion, Research, and (‘‘the Act’’), as amended: response action contractors; Consumer Information Act of 1985 (7 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56457

U.S.C. 4814(a)); section 1650(a) of the Health Inspection Service: Exercise so much of section 18 of such Act as Watermelon Research and Promotion functions of the Secretary of Agriculture pertains to the issuance of certificates of Act (7 U.S.C. 4909(a)); section 10(a) of under the following authorities: condition of live animals intended and the Honey Research, Promotion, and (1) Administer the Foreign Service offered for export (21 U.S.C. 612–614, Consumer Information Act (7 U.S.C. personnel system for employees of the 618). 4609(a)); section 14(a) of the Egg Animal and Plant Health Inspection (19) Improvement of poultry, poultry Research and Consumer Information Act Service in accordance with 22 U.S.C. products, and hatcheries (7 U.S.C. 429). (7 U.S.C. 2713(a)); section 1714(a) of the 3922, except that this delegation does (20) The responsibilities of the United Floral Research and Consumer not include the authority to approve States under the International Plant Information Act (7 U.S.C. 4313(a)); joint regulations issued by the Protection Convention. section 1710(a) of the Wheat and Wheat Department of State relating to (21) (Laboratory) Animal Welfare Act, Foods Research and Nutrition Education administration of the Foreign Service, as amended (7 U.S.C. 2131–2159). Act (7 U.S.C. 3409(a)); section 1913(a) of nor an authority to represent the (22) Horse Protection Act (15 U.S.C. the Pecan Promotion and Research Act Department of Agriculture in 1821–1831). of 1990 (7 U.S.C. 6008(a)); section interagency consultations and (23) 28 Hour Law, as amended (49 1927(a) of the Mushroom Promotion, negotiations with the other foreign U.S.C. 80502). Research, and Consumer Information affairs agencies with respect to joint (24) Export Animal Accommodation Act of 1990 (7 U.S.C. 6106(a)); section regulations. Act, as amended (46 U.S.C. 3901–3902). 1957(a) of the Lime Research, (2) Section 102, Organic Act of 1944, (25) Purebred animal duty-free-entry Promotion, and Consumer Information as amended, and the Act of April 6, provision of Tariff Act of June 17, 1930, Act of 1990 (7 U.S.C. 6206(a)); section 1937, as amended (7 U.S.C. 147a, 148, as amended (19 U.S.C. 1202, part 1, Item 1971(a) of the Soybean Promotion, 148a–148e), relating to control and 100.01). Research, and Consumer Information eradication of plant pests and diseases, (26) Virus-Serum-Toxin Act (21 Act (7 U.S.C. 6306(a)); section 1999K(a) including administering survey and U.S.C. 151–158). of the Fluid Milk Promotion Act of 1990 regulatory activities for the gypsy moth (27) Conduct diagnostic and related (7 U.S.C. 6410(a)); and section 7 of the program and, with the Chief of the activities necessary to prevent, detect, Sheep Promotion, Research, and Forest Service, jointly administering control or eradicate foot-and-mouth Information Act (7 U.S.C. 7106). gypsy moth eradication activities by disease and other foreign animal (2) Issuing, amending, terminating, or assuming primary responsibility for diseases (21 U.S.C. 113a). suspending any marketing agreement or eradication of gypsy moth infestations (28) The Agricultural Marketing Act order or any provision thereof under the of 640 acres or less on State and private of 1946, section 203, 205, as amended Agricultural Marketing Agreement Act lands that are not contiguous to infested (7 U.S.C. 1622, 1624), with respect to of 1937; the Cotton Research and Federal lands. voluntary inspection and certification of Promotion Act; the Potato Research and (3) The Mexican Border Act, as animal products; inspection, testing, Promotion Act; subtitles B and C of the amended (7 U.S.C. 149). treatment, and certification of animals; Dairy Production Stabilization Act of (4) The Golden Nematode Act (7 and a program to investigate and 1983, as amended; the Pork Promotion, U.S.C. 150–150g). develop solutions to the problems Research, and Consumer Information (5) The Federal Plant Pest Act, as resulting from the use of sulfonamides Act of 1985; the Beef Research and amended (7 U.S.C. 150aa–150jj). in swine. Information Act, as amended; the (6) The Plant Quarantine Act, as (29) Talmadge-Aiken Act (7 U.S.C. Watermelon Research and Promotion amended (7 U.S.C. 151–164a, 167). 450) with respect to cooperation with Act; the Honey Research, Promotion, (7) The Terminal Inspection Act, as States in control and eradication of and Consumer Information Act; the amended (7 U.S.C. 166). plant and animal diseases and pests. Floral Research and Consumer (8) The Honeybee Act, as amended (7 (30) Defense Production Act of 1950, Information Act; the Egg Research and U.S.C. 281–286). as amended (50 U.S.C. App. 2061 et Consumer Information Act; the Wheat (9) The Halogeton Glomeratus Control seq.), and title VI of the Robert T. and Wheat Foods Research and Act (7 U.S.C. 1651–1656). Stafford Disaster Relief and Emergency Nutrition Education Act; the Pecan (10) Tariff Act of June 17, 1930, as Assistance Act (42 U.S.C. 5195 et seq.), Promotion and Research Act of 1990; amended, section 306 (19 U.S.C. 1306). relating to protection of livestock, the Mushroom Promotion, Research, (11) Act of August 30, 1890, as poultry and crops and products thereof and Consumer Information Act of 1990; amended (21 U.S.C. 102–105). from biological and chemical warfare; the Lime Research, Promotion, and (12) Act of May 29, 1884, as amended, and utilization or disposal of livestock Consumer Information Act of 1990; the Act of February 2, 1903, as amended, and poultry exposed to radiation. Soybean Promotion, Research, and and Act of March 3, 1905, as amended, (31) The Federal Noxious Weed Act of Consumer Information Act; the Fluid and supplemental legislation (21 U.S.C. 1974, as amended (7 U.S.C. 2801–2814). Milk Promotion Act of 1990; the 111–114a, 114a–1, 115–130). (32) The Endangered Species Act of Organic Foods Production Act of 1990; (13) Act of February 28, 1947, as 1973 (16 U.S.C. 1531–1544). and the Sheep Promotion, Research, and amended (21 U.S.C. 114b–114c, 114d– (33) Executive Order 11987, 3 CFR, Information Act (7 U.S.C. 7101–7111). 1). 1977 Comp., p. 116. (14) Act of June 16, 1948 (21 U.S.C. (34) Section 101(d), Organic Act of § 2.80 Administrator, Animal and Plant 114e–114f). 1944 (7 U.S.C. 430). Health Inspection Service. (15) Act of September 6, 1961 (21 (35) The Swine Health Protection Act, (a) Delegations. Pursuant to § 2.22 U.S.C. 114g–114h). as amended (7 U.S.C. 3801–3813). (a)(2), (a)(6) through (a)(9), subject to (16) Act of July 2, 1962 (21 U.S.C. (36) Lacey Act Amendments of 1981, reservations in § 2.22(b)(2), the 134–134h). as amended (16 U.S.C. 3371–3378). following delegations of authority are (17) Act of May 6, 1970 (21 U.S.C. (37) Title III (and title IV to the extent made by the Assistant Secretary for 135–135b). that it relates to activities under title III) Marketing and Regulatory Programs to (18) Sections 12–14 of the Federal of the Federal Seed Act, as amended (7 the Administrator, Animal and Plant Meat Inspection Act, as amended, and U.S.C. 1581–1610). 56458 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations

(38) Authority to prescribe the (iii) Section 104(i)(11) of the Act (42 1978 Comp., p. 243, to enter into an amounts of commuted traveltime U.S.C. 9604(i)(11)), with respect to the inter-agency agreement with the United allowances and the circumstances under reduction of exposure to significant risk States Environmental Protection which such allowances may be paid to to human health; Agency, or an administrative consent employees covered by the Act of August (iv) Section 104(j) of the Act (42 order or a consent judgment in an 28, 1950 (7 U.S.C. 2260). U.S.C. 9604(j)), with respect to the appropriate State, interstate, or local (39) Provide management support acquisition of real property and interests agency, containing a plan and schedule services for the Grain Inspection, in real property required to conduct a to achieve and maintain compliance Packers and Stockyards Administration, remedial action; with applicable pollution control and the Agricultural Marketing Service (v) The first two sentences of section standards established pursuant to the as agreed upon by the agencies with 105(d) of the Act (42 U.S.C. 9605(d)), following: authority to take actions required by law with respect to petitions for preliminary (i) Solid Waste Disposal Act, as or regulation. As used herein, the term assessment of a release or threatened amended by the Resource Conservation management support services includes release; and Recovery Act, as further amended budget, finance, personnel, (vi) Section 105(f) of the Act (42 by the Hazardous and Solid Waste procurement, property management, U.S.C. 9605(f)), with respect to Amendments, and the Federal Facility communications, paperwork consideration of the availability of Compliance Act (42 U.S.C. 6901 et seq.); management, and related administrative qualified minority firms in awarding (ii) Federal Water Pollution services. contracts, but excluding that portion of Prevention and Control Act, as amended (40) Coordinate the development and section 105(f) pertaining to the annual (33 U.S.C. 1251 et seq.); carrying out by Department agencies of report to Congress; (iii) Safe Drinking Water Act, as all matters and functions pertaining to (vii) Section 109 of the Act (42 U.S.C. amended (42 U.S.C. 300f et seq.); the Department’s regulation of 9609), with respect to the assessment of (iv) Clean Air Act, as amended (42 biotechnology, and act as liaison on all civil penalties for violations of section U.S.C. 7401 et seq.); matters and functions pertaining to the 122 of the Act (42 U.S.C. 9622), and the (v) Noise Control Act of 1972, as regulation of biotechnology between granting of awards to individuals amended (42 U.S.C. 4901 et seq.); agencies within the Department and providing information; (vi) Toxic Substances Control Act, as between the Department and other (viii) Section 111(f) of the Act (42 amended (15 U.S.C. 2601 et seq.); governmental and private organizations. U.S.C. 9611(f)), with respect to the (vii) Federal Insecticide, Fungicide, (41) The Act of March 2, 1931 (7 designation of officials who may and Rodenticide Act, as amended (7 U.S.C. 426–426b). obligate money in the Hazardous U.S.C. 136 et seq.); and Substances Superfund; (42) The Act of December 22, 1987 (7 (viii) Comprehensive Environmental (ix) Section 113(k) of the Act (42 U.S.C. 426c). Response, Compensation, and Liability U.S.C. 9613(k)), with respect to Act of 1980, as amended by the (43) Authority to work with establishing an administrative record Superfund Amendments and developed and transitional countries on upon which to base the selection of a Reauthorization Act of 1986 (42 U.S.C. agricultural and related research and response action and identifying and 9601 et seq.). extension, with respect to animal and notifying potentially responsible parties; (46) Authority to prescribe and collect plant health, including providing (x) Section 116(a) of the Act (42 fees under the Act of August 31, 1951, technical assistance, training, and U.S.C. 9616(a)), with respect to as amended (31 U.S.C. 9701), and advice to persons from such countries preliminary assessment and site sections 2508 and 2509 of the Food, engaged in such activities and the inspection of facilities; Agriculture, Conservation, and Trade stationing of scientists at national and (xi) Sections 117 (a) and (c) of the Act Act of 1990 (21 U.S.C. 136, 136a), as international institutions in such (42 U.S.C. 9617 (a) and (c)), with respect amended. countries (7 U.S.C. 3291(a)(3)). to public participation in the (47) The provisions of 35 U.S.C. 156. (44) With respect to land and facilities preparation of any plan for remedial (48) Enter into cooperative research under his or her authority, exercise the action and explanation of variances and development agreements with functions delegated to the Secretary by from the final remedial action plan for industry, universities, and others; Executive Order 12580, 3 CFR, 1987 any remedial action or enforcement institute a cash award program to Comp., p. 193, under the following action, including any settlement or reward scientific, engineering, and provisions of the Comprehensive consent decree entered into; technical personnel; award royalties to Environmental Response, (xii) Section 119 of the Act (42 U.S.C. inventors; and retain and use royalty Compensation, and Liability Act of 1980 9119), with respect to indemnifying income (15 U.S.C. 3710a–3710c). (‘‘the Act’’), as amended: response action contractors; (49) The Alien Species Prevention (i) Sections 104 (a), (b), and (c)(4) of (xiii) Section 121 of the Act (42 U.S.C. and Enforcement Act of 1992 (39 U.S.C. the Act (42 U.S.C. 9604 (a), (b), and 9621), with respect to cleanup 3015 note). (c)(4)), with respect to removal and standards; and (b) Reservation. The following remedial actions in the event of release (xiv) Section 122 of the Act (42 U.S.C. authority is reserved to the Assistant or threatened release of a hazardous 9622), with respect to settlements, but Secretary for Marketing and Regulatory substance, pollutant, or contaminant excluding section 122(b)(1) of the Act Programs: The authority to make into the environment; (42 U.S.C. 9622(b)(1)), related to mixed determinations under 35 U.S.C. 156 as (ii) Sections 104(e)–(h) of the Act (42 funding agreements. to whether an applicant acted with due U.S.C. 9604(e)–(h)), with respect to (45) With respect to facilities and diligence. information gathering and access activities under his or her authority, to requests and orders; compliance with exercise the authority of the Secretary of § 2.81 Administrator, Grain Inspection, Federal health and safety standards and Agriculture pursuant to section 1–102 Packers and Stockyards Administration. wage and labor standards applicable to related to compliance with applicable (a) Delegations. Pursuant to §§ 2.22 covered work; and emergency pollution control standards and section (a)(3) and (a)(9), the following procurement powers; 1–601 of Executive Order 12088, 3 CFR, delegations of authority are made by the Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56459

Assistant Secretary for Marketing and contracts, but excluding that portion of (ii) Federal Water Pollution Regulatory Programs to the section 105(f) pertaining to the annual Prevention and Control Act, as amended Administrator, Grain Inspection Service, report to Congress; (33 U.S.C. 1251 et seq.); Packers and Stockyards Administration: (vii) Section 109 of the Act (42 U.S.C. (iii) Safe Drinking Water Act, as (1) Administer the United States 9609), with respect to the assessment of amended (42 U.S.C. 300f et seq.); Grain Standards Act, as amended (7 civil penalties for violations of section (iv) Clean Air Act, as amended (42 U.S.C. 71–87h). 122 of the Act (42 U.S.C. 9622), and the U.S.C. 7401 et seq.); (2) Exercise the functions of the granting of awards to individuals (v) Noise Control Act of 1972, as Secretary of Agriculture contained in providing information; amended (42 U.S.C. 4901 et seq.); the Agricultural Marketing Act of 1946, (viii) Section 111(f) of the Act (42 (vi) Toxic Substances Control Act, as as amended (7 U.S.C. 1621–1627), U.S.C. 9611(f)), with respect to the amended (15 U.S.C. 2601 et seq.); relating to inspection and designation of officials who may (vii) Federal Insecticide, Fungicide, standardization activities related to obligate money in the Hazardous and Rodenticide Act, as amended (7 grain. Substances Superfund; U.S.C. 136 et seq.); and (3) Administer the Packers and (ix) Section 113(k) of the Act (42 (viii) Comprehensive Environmental Stockyards Act, 1921, as amended and U.S.C. 9613(k)), with respect to Response, Compensation, and Liability supplemented. establishing an administrative record Act of 1980, as amended by the (4) Enforce provisions of the upon which to base the selection of a Superfund Amendments and Consumer Credit Protection Act (15 response action and identifying and Reauthorization Act of 1986 (42 U.S.C. U.S.C. 1601–1665, 1681–1681t), with notifying potentially responsible parties; 9601 et seq.). respect to any activities subject to the (x) Section 116(a) of the Act (42 (b) [Reserved] Packers and Stockyards Act, 1921, as U.S.C. 9616(a)), with respect to amended and supplemented. preliminary assessment and site Subpart OÐDelegations of Authority (5) Exercise the functions of the inspection of facilities; by the Assistant Secretary for Secretary of Agriculture contained in (xi) Sections 117 (a) and (c) of the Act Congressional Relations section 1324 of the Food Security Act of (42 U.S.C. 9617 (a) and (c)), with respect § 2.83 Deputy Assistant Secretary for 1985 (7 U.S.C. 1631). to public participation in the (6) With respect to land and facilities Congressional Relations. preparation of any plan for remedial under his or her authority, exercise the Pursuant to § 2.23, and subject to action and explanation of variances functions delegated to the Secretary by policy guidance and direction by the from the final remedial action plan for Executive Order 12580, 3 CFR, 1987 Assistant Secretary, the following any remedial action or enforcement Comp., p. 193, under the following delegation of authority is made by the action, including any settlement or provisions of the Comprehensive Assistant Secretary for Congressional consent decree entered into; Environmental Response, Relations to the Deputy Assistant (xii) Section 119 of the Act (42 U.S.C. Compensation, and Liability Act of 1980 Secretary for Congressional Relations, to 9119), with respect to indemnifying (‘‘the Act’’), as amended: be exercised only during the absence or (i) Sections 104 (a), (b), and (c)(4) of response action contractors; unavailability of the Assistant Secretary: the Act (42 U.S.C. 9604 (a), (b), and (xiii) Section 121 of the Act (42 U.S.C. Perform all duties and exercise all (c)(4)), with respect to removal and 9621), with respect to cleanup powers which are now or which may remedial actions in the event of release standards; and hereafter be delegated to the Assistant or threatened release of a hazardous (xiv) Section 122 of the Act (42 U.S.C. Secretary for Congressional Relations. substance, pollutant, or contaminant 9622), with respect to settlements, but into the environment; excluding section 122(b)(1) of the Act § 2.85 Director, Office of Congressional (ii) Sections 104(e)–(h) of the Act (42 (42 U.S.C. 9622(b)(1)), related to mixed and Intergovernmental Relations. U.S.C. 9604(e)–(h)), with respect to funding agreements. (a) Delegations. Pursuant to § 2.23, the information gathering and access (7) With respect to facilities and following delegations of authority are requests and orders; compliance with activities under his or her authority, to made by the Assistant Secretary for Federal health and safety standards and exercise the authority of the Secretary of Congressional Relations to the Director, wage and labor standards applicable to Agriculture pursuant to section 1–102 Office of Congressional and covered work; and emergency related to compliance with applicable Intergovernmental Relations: procurement powers; pollution control standards and section (1) Exercise responsibility for (iii) Section 104(i)(11) of the Act (42 1–601 of Executive Order 12088, 3 CFR, coordination of all congressional U.S.C. 9604(i)(11)), with respect to the 1978 Comp., p. 243, to enter into an matters in the Department. reduction of exposure to significant risk inter-agency agreement with the United (2) Maintain liaison with the Congress to human health; States Environmental Protection and the White House on legislative (iv) Section 104(j) of the Act (42 Agency, or an administrative consent matters of concern to the Department. U.S.C. 9604(j)), with respect to the order or a consent judgment in an (3) Coordinate all programs involving acquisition of real property and interests appropriate State, interstate, or local intergovernmental affairs including in real property required to conduct a agency, containing a plan and schedule State and local government relations remedial action; to achieve and maintain compliance and liaison with: (v) The first two sentences of section with applicable pollution control (i) National Association of State 105(d) of the Act (42 U.S.C. 9605(d)), standards established pursuant to the Departments of Agriculture; with respect to petitions for preliminary following: (ii) Office of Intergovernmental assessment of a release or threatened (i) Solid Waste Disposal Act, as Relations (Office of Vice President); release; amended by the Resource Conservation (iii) Advisory Commission on (vi) Section 105(f) of the Act (42 and Recovery Act, as further amended Intergovernmental Relations; U.S.C. 9605(f)), with respect to by the Hazardous and Solid Waste (iv) Council of State Governments; consideration of the availability of Amendments, and the Federal Facility (v) National Governors Conference; qualified minority firms in awarding Compliance Act (42 U.S.C. 6901 et seq.); (vi) National Association of Counties; 56460 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations

(vii) National League of Cities; including program delivery compliance Discrimination Act of 1975, 42 U.S.C. (viii) International City Managers and equal employment opportunity, 6102, except those matters in litigation, Association; with emphasis on the following: including administrative enforcement (ix) U.S. Conference of Mayors; and (i) Actions to enforce title VI of the action, which shall be coordinated by (x) Such other State and Federal Civil Rights Act of 1964, 42 U.S.C. the Office of the General Counsel. agencies, departments and organizations 2000d, prohibiting discrimination in (7) Order proceedings and hearings in as are necessary in carrying out the federally assisted programs; the Department of Agriculture pursuant responsibilities of this office. (ii) Actions to enforce title VII of the to §§ 15.9(e) and 15.86 of this title (4) Maintain oversight of the activities Civil Rights Act of 1964, as amended, 42 which concern consolidated or joint of USDA representatives to the 10 U.S.C. 2000e, prohibiting discrimination hearings within the Department and/or Federal Regional councils. in Federal employment; with other Federal departments and (5) Serve as the USDA contact with (iii) Actions to enforce title IX of the agencies. the Advisory Commission on Education Amendments of 1972, 20 (8) Order proceedings and hearings in Intergovernmental Relations for U.S.C. 1681, et seq., prohibiting the Department of Agriculture pursuant implementation of OMB Circular A–85 discrimination on the basis of sex in to § 15.8(c) of this title after the program to provide advance notification to state USDA education programs and agency has advised the applicant or and local governments of proposed activities funded by the Department; recipient of his or her failure to comply changes in Department programs that (iv) Actions to enforce section 504 of and has determined that compliance affect such governments. the Rehabilitation Act of 1973, as cannot be secured by voluntary means. (6) Act as the department amended, 29 U.S.C. 794, prohibiting (9) Issue orders to give a notice of representative for Federal executive discrimination on the basis of handicap hearing or the opportunity to request a board matters. in USDA programs and activities funded hearing pursuant to part 15 of this title; (7) Administer the implementation of by the Department; arrange for the designation of an the National Historic Preservation Act of (v) Actions to enforce the Age Administrative Law Judge to preside 1966, National Historic Preservation Act Discrimination Act of 1975, 42 U.S.C. over any such hearing; and determine of 1966, 16 U.S.C. 470 et seq., Executive 6102, prohibiting discrimination on the whether the Administrative Law Judge Order 11593, 3 CFR, 1971–1975 Comp., basis of age in USDA programs and so designated will make an initial p. 559, and regulations of the Advisory activities funded by the Department; decision or certify the record to the Council on Historic Preservation, 36 (vi) Actions to enforce related Secretary of Agriculture with his or her CFR part 800, for the Department of Executive orders, Congressional recommended findings and proposed Agriculture with authority to name the mandates, and other laws, rules, and action. Secretary’s designee to the Advisory regulations, as appropriate; (10) Authorize the taking of action Council on Historic Preservation. (vii) Actions to develop and pursuant to § 15.8(a) of this title relating (8) Coordinate the Department’s implement the Department’s Federal to compliance by ‘‘other means programs involving assistance to Women’s Programs; and authorized by law.’’ (viii) Actions to develop and American Indians except civil rights (11) Make determinations required by implement the Department’s Hispanic activities. § 15.8(d) of this title that compliance Employment Program. (b) [Reserved] cannot be secured by voluntary means, (2) Evaluate Departmental agency and then take action, as appropriate. Subpart PÐDelegations of Authority programs, activities, and impact (12) Make determinations that by the Assistant Secretary for statements for civil rights concerns. program complaint investigations Administration (3) Provide leadership and coordinate performed under § 15.6 of this title USDA agency and Department systems establish a proper basis for findings of § 2.87 Deputy Assistant Secretary for for targeting, collecting, analyzing, and discrimination, and that actions taken to Administration. evaluating program participation data correct such findings are adequate; and Pursuant to § 2.24(a), subject to and equal employment opportunity perform investigations as to complaints reservations in § 2.24(b), the following data. filed under subpart B of part 15 of this delegation of authority is made by the (4) Provide leadership and coordinate title. Assistant Secretary for Administration Departmentwide programs of public (13) Conduct investigations and to the Deputy Assistant Secretary for notification regarding the availability of compliance reviews Departmentwide. Administration, to be exercised only USDA programs on a nondiscriminatory (14) Develop regulations, plans, and during the absence or unavailability of basis. procedures necessary to carry out the the Assistant Secretary: Perform all the (5) Serve as the focal point through Department’s civil rights programs, duties and exercise all the powers which all contacts with the Department including the development, which are now or which may hereafter of Justice are made involving matters implementation, and coordination of be delegated to the Assistant Secretary relating to title VI of the Civil Rights Act Action Plans. for Administration. of 1964 (42 U.S.C. 2000d), title IX of the (15) Perform staff work for the Education Amendments of 1972 (20 Director of Equal Employment § 2.89 Director, Office of Civil Rights U.S.C. 1681 et seq.), and section 504 of Opportunity including coordination of Enforcement. the Rehabilitation Act of 1973, as the Department’s affirmative (a) Delegations. Pursuant to amended (29 U.S.C. 794), except those employment program, special emphasis § 2.24(a)(8), the following delegations of matters in litigation, including programs, Federal equal opportunity authority are made by the Assistant administrative enforcement actions, recruitment program, equal employment Secretary for Administration to the which shall be coordinated by the Office opportunity evaluations, and Director, Office of Civil Rights of the General Counsel. development of policy. Enforcement: (6) Serve as the focal point through (16) Provide equal employment (1) Provide overall leadership, which all contacts with the Department opportunity services for managers and coordination, and direction for the of Health and Human Services are made employees in the Departmental staff Department’s programs of civil rights, involving matters relating to the Age offices. Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56461

(17) Provide liaison on equal (iii) Determines that the Examiner’s (7) Review and evaluate information employment opportunity programs and findings or Committee’s resource management activities related activities with the Equal Employment recommendations is unacceptable. to delegated functions to assure that Opportunity Commission, the Office of (29) The provisions of paragraphs they conform to all applicable Federal Personnel Management, USDA agencies, (a)(27) and (a)(28) of this section shall and Department information resource Department employees, and applicants not apply for positions in, or applicants management policies, plans, standards, for positions within the Department. for positions in, the Office of Inspector procedures, and guidelines. (18) Monitor, evaluate, and report on General. (8) Design, develop, implement, and agency compliance with established (b) [Reserved] revise systems, processes, work policy and executive orders which methods, and techniques to improve the further the participation of historically § 2.90 Director, Office of Information management and operational black colleges and universities and with Resources Management. effectiveness of information resources. other colleges and universities with (a) Delegations. Pursuant to § 2.24 (9) Administer the Departmental substantial monitored group enrollment (a)(4) and (a)(6), the following records, forms, reports, and directives in Departmental programs and delegations of authority are made by the management programs, in coordination activities. Assistant Secretary for Administration with the Senior Official designated (19) Perform the EEO counseling to the Director, Office of Information under the Paperwork Reduction Act of function for the Department. Resources Management: 1980 (44 U.S.C. 3501–3520). (20) Maintain liaison with historically (1) Assist the Senior Official (10) Manage all aspects of the USDA black colleges and universities and designated under the Paperwork telecommunications program including other colleges and universities with Reduction Act of 1980 (44 U.S.C. 3501– planning, development, acquisition, and substantial minority group enrollment, 3520), with the development of use of equipment and systems for voice and assisting USDA agencies in Departmental information resource and data communications, excluding strengthening such institutions by management principles, policies and the actual procurement of data facilitating institutional participation in objectives. transmission equipment, software, USDA programs and activities and by (2) Coordinate with the Senior Official maintenance, and related supplies. encouraging minority students to pursue designated under the Paperwork Manage Departmental curricula that could lead to careers in Reduction Act of 1980 (44 U.S.C. 3501– telecommunications contracts. Provide the food and agricultural sciences. 3520), the development and technical advice throughout the (21) Process formal EEO promulgation of Departmental Department on telecommunications discrimination complaints, up to the information resources management matters. appellate stage, by employees or standards, guidelines, rules, and (11) Implement a program for applicants for employment. regulations necessary to implement applying information resources (22) Administer the discrimination approved principles, policies, and management technology to improve appeals and complaints program for the objectives. productivity in the Department. Department, including all formal (3) Develop and implement an (12) Provide leadership to integrate individual or group appeals, where the information resources management and unify the management process for system provides for an avenue of redress planning system which will integrate the Department’s major information to the Department level, Equal short-term and long-term objectives and resource management system Employment Opportunity Commission, coordinate agency and staff office acquisitions and to monitor or other outside authority. initiatives in support of the objectives. implementation of the policies and (24) Perform staff work for the (4) Provide Departmentwide guidance practices set forth in applicable OMB Director of Equal Employment and direction in planning, developing, Circulars. Opportunity on the preparation of documenting, and managing (13) Provide Departmental services decisions on complaints of applications software projects in related to Departmental administrative discrimination. accordance with Federal and regulations, Secretarial issuances, and (25) Provide liaison on EEO matters Department information processing related management support. concerning complaints and appeals with standards, procedures, and guidelines. (14) Plan, develop, install, and USDA agencies and Department (5) Provide Departmentwide guidance operate computer-based systems for employees. and direction in all aspects of the USDA message exchange, scheduling, (26) Investigate USDA EEO information management program computer conferencing, and other complaints, with authority to enter into including feasibility studies; economic applications of office automation and administer contracts for such analyses; systems design; acquisition of technology which can be commonly investigations. equipment, software, services, and used by multiple Department agencies (27) Make final decisions on timesharing arrangements; systems and offices. complaints and grievance appeals, installation; systems performance and (15) Provide automation, forms except in those cases where the capacity evaluation; and security. management, files management, Director, Office of Civil Rights Monitor these activities for agencies’ directives management, and related Enforcement has participated, when it is major systems development efforts to services, with authority to take any determined that such complaint or assure effective and economic use of action required by law or regulation to grievance appeals are not being decided resources and compatibility among provide such services, for: in a timely manner. systems of various agencies when (i) The Secretary of Agriculture; (28) Make final decisions on formal required. (ii) The general officers of the grievance appeals in all cases where the (6) Manage the Departmental Department, except the Inspector Deciding Official: Computer Centers, including setting of General; (i) Was involved directly in the rates to recover the cost of goods and (iii) The offices and agencies reporting grievance; or services within approved policy and to the Assistant Secretary for (ii) Made the informal decision; or funding levels. Administration; and 56462 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations

(iv) Provide such services as listed in (vii) Motor vehicle fleet and other required by 26 CFR 1.6050M–1, and paragraph (a)(15) of this section for any vehicular transportation; making the election allowed by 26 CFR other officer or agency of the (viii) Transportation of things (traffic 1.6050M–1(d)(5)(i). Department as may be agreed. management); (4) Provide procurement, property (16) Represent the Department in (ix) Prevention, control, and management, space management, contacts with the General Accounting abatement of pollution with respect to communications (telephone), Office, the General Services Federal facilities and activities under messenger, and related services with Administration, the Office of the control of the Department (Executive authority to take actions required by law Management and Budget, the National Order 12088, 3 CFR, 1978 Comp., p. or regulation to perform such services Bureau of Standards, and other 243); for: organizations or agencies on matters (x) Implementation of the Uniform (i) The Secretary of Agriculture; related to delegated responsibilities. Relocation Assistance and Real Property (ii) The general officers of the (17) Provide staff assistance as Policies Act of 1970 (42 U.S.C. 4601 et Department, except the Inspector required for the Secretary, general seq.); and General; officers, and other Department and (xi) Development and implementation (iii) The offices and agencies reporting agency officials. of energy management actions related to to the Assistant Secretary for (18) Provide related support services the internal operations of the Administration; and needed by the Department to carry out Department. Maintain liaison with other (iv) Provide such services as listed in defense responsibilities. Government agencies in these matters. paragraph (a)(4) of this section for any (19) Review, clear, and coordinate all (2) Operate, or provide for the other officers or agencies of the statistical forms, survey plans, and operation of, centralized Departmental Department as may be agreed. reporting and record keeping services to provide printing, copy (5) Exercise full Departmentwide requirements originating in the reproduction, offset composition, contracting and procurement authority Department and requiring approval by supply, mail, automated mailing lists, for automatic data processing and data the Office of Management and Budget excess property pool, resource recovery, transmission equipment, software, under the Paperwork Reduction Act of shipping and receiving, forms, labor services, maintenance, and related 1980 (44 U.S.C. 3501–3520). services, issuance of general employee supplies, subject to the review of the (20) Review and make identification cards, supplemental Senior Official designated under the recommendations to the Assistant distribution of Department directives, Paperwork Reduction Act of 1980 (44 Secretary for Administration on space allocation and management, and U.S.C. 3501–3520). This authority proposed waivers to Federal related management support. includes the promulgation of (3) Exercise the following special Information Processing Standards (FIPS) Departmental directives regulating the authorities: pursuant to section 111(d)(3) of the management of contracting and (i) The Director, Office of Operations, Federal Property and Administrative procurement functions. is designated as the Department’s Services Act of 1949, as amended (40 (6) Provide related support services Debarring Officer, and authorized to U.S.C. 759(d)(3)). needed by the Department to carry out perform the functions of 48 CFR part 9, (b) [Reserved] defense responsibilities. subparts 9.406 and 9.407; § 2.91 Director, Office of Operations. (ii) Conduct liaison with the Office of (7) Provide staff assistance for the (a) Delegations. Pursuant to § 2.24 the Federal Register (1 CFR part 16), Secretary, general officers and other (a)(3), (a)(4) and (a)(11), the following including the making of required Department and agency officials. delegations of authority are made by the certifications pursuant to 1 CFR part 18; (8) Represent the Department in Assistant Secretary for Administration (iii) Maintain custody and permit contacts with the General Accounting to the Director, Office of Operations: appropriate use of the official seal of the Office, the General Services (1) Promulgate Departmental policies, Department; Administration, the Office of standards, techniques, and procedures, (iv) Establish policy for the use of the Management and Budget, and other and represent the Department, in the official flags of the Secretary and the organizations or agencies on matters following: Department; related to assigned responsibilities. (i) Contracting for and the (v) Coordinate collection of historical (9) Exercise authority under the procurement of administrative and material for Presidential Libraries; Department’s Acquisition Executive operating supplies, services, equipment (vi) Oversee the safeguarding of (Assistant Secretary for Administration) and construction; unclassified materials designated ‘‘For to integrate and unify the management (ii) Socioeconomic programs relating Official Use Only;’’ process for the Department’s major to contracting, excepting those matters (vii) Make determinations under 48 system acquisitions and to monitor otherwise vested by statute in the CFR 14.406–3(a)–(d), related to mistakes implementation of the policies and Director of Small and Disadvantaged in bids alleged after opening of bids and practices set forth in OMB Circular A– Business Utilization; before award. Except for the authority to 109, Major Systems Acquisitions. This (iii) Selection, standardization, and permit withdrawal of bids under 48 CFR delegation includes the authority to: simplification of program delivery 14.406–3(c), this authority may not be (i) Insure that OMB Circular A–109 is processes utilizing contracts; redelegated; and effectively implemented in the (iv) Acquisition, leasing, utilization, (viii) Make information returns to the Department and that the management value analysis, construction, Internal Revenue Service as prescribed objectives of the Circular are realized; maintenance, and disposition of real by 26 U.S.C. 6050M and by 26 CFR (ii) Review the program management and personal property, including 1.6050M–1 and such other Treasury of each major system acquisition; control of space assignments; regulations, guidelines or procedures as (iii) Designate the program manager (v) Acquisition, storage, distribution may be issued by the Internal Revenue for each major system acquisition; and and disposition of forms, supplies and Service in accordance with 26 U.S.C. (iv) Designate any Departmental equipment; 6050M. This includes executing such acquisition as a major system (vi) Mail management; verifications or certifications as may be acquisition under OMB Circular A–109. Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56463

(10) Pursuant to Executive Order Compensation, and Liability Act of 1980 (xii) Section 119 of the Act (42 U.S.C. 12352, 3 CFR, 1982 Comp., p. 137, and (‘‘the Act’’), as amended: 9119), with respect to indemnifying sections 16, 20(b), and 21 of the Office (i) Sections 104 (a), (b), and (c)(4) of response action contractors; of Federal Procurement Policy Act, as the Act (42 U.S.C. 9604 (a), (b), and (xiii) Section 121 of the Act (42 U.S.C. amended, 41 U.S.C. 414, 418(b) and 418, (c)(4)), with respect to removal and 9621), with respect to cleanup the Director, Office of Operations, is remedial actions in the event of release standards; and designated as the Senior Procurement or threatened release of a hazardous (xiv) Section 122 of the Act (42 U.S.C. Executive for the Department with substance, pollutant, or contaminant 9622), with respect to settlements, but responsibility for the following: into the environment; excluding section 122(b)(1) of the Act (i) Prescribing and publishing (ii) Sections 104(e)–(h) of the Act (42 (42 U.S.C. 9622(b)(1)), related to mixed Departmental procurement policies, U.S.C. 9604(e)–(h)), with respect to funding agreements. regulations, and procedures; information gathering and access (13) With respect to facilities and (ii) Taking any necessary actions requests and orders; compliance with activities under his or her authority, to consistent with policies, regulations, Federal health and safety standards and exercise the authority of the Secretary of and procedures with respect to wage and labor standards applicable to Agriculture pursuant to section 1–102 purchases, contracts, leases, and other covered work; and emergency related to compliance with applicable transactions; procurement powers; pollution control standards and section (iii) Designating contracting officers; (iii) Section 104(i)(11) of the Act (42 1–601 of Executive Order 12088, 3 CFR, (iv) Establishing clear lines of U.S.C. 9604(i)(11)), with respect to the 1978 Comp., p. 243, to enter into an contracting authority; reduction of exposure to significant risk inter-agency agreement with the United (v) Evaluating and monitoring the to human health; States Environmental Protection performance of the Department’s (iv) Section 104(j) of the Act (42 Agency, or an administrative consent procurement system; U.S.C. 9604(j)), with respect to the order or a consent judgment in an (vi) Managing and enhancing career acquisition of real property and interests appropriate State, interstate, or local development of the procurement work in real property required to conduct a agency, containing a plan and schedule force; remedial action; to achieve and maintain compliance (vii) Participating in the development (v) The first two sentences of section with applicable pollution control of Government-wide procurement 105(d) of the Act (42 U.S.C. 9605(d)), standards established pursuant to the policies, regulations, and standards and with respect to petitions for preliminary following: determining specific areas where assessment of a release or threatened (i) Solid Waste Disposal Act, as Government-wide performance release; amended by the Resource Conservation standards should be established and (vi) Section 105(f) of the Act (42 and Recovery Act, as further amended applied; (viii) Determining areas of U.S.C. 9605(f)), with respect to by the Hazardous and Solid Waste Department-unique standards and consideration of the availability of Amendments, and the Federal Facility developing unique Department-wide qualified minority firms in awarding Compliance Act (42 U.S.C. 6901 et seq.); standards; contracts, but excluding that portion of (ii) Federal Water Pollution (ix) Certifying to the Secretary that the section 105(f) pertaining to the annual Prevention and Control Act, as amended procurement system meets approved report to Congress; (33 U.S.C. 1251 et seq.); standards; (vii) Section 109 of the Act (42 U.S.C. (iii) Safe Drinking Water Act, as (x) Prescribing standards for agency 9609), with respect to the assessment of amended (42 U.S.C. 300f et seq.); Procurement Executives and designating civil penalties for violations of section (iv) Clean Air Act, as amended (42 agency Procurement Executives when 122 of the Act (42 U.S.C. 9622), and the U.S.C. 7401 et seq.); these standards are met; granting of awards to individuals (v) Noise Control Act of 1972, as (xi) Redelegating, as appropriate, the providing information; amended (42 U.S.C. 4901 et seq.); authority in paragraph (a)(10)(i) of this (viii) Section 111(f) of the Act (42 (vi) Toxic Substances Control Act, as section to USDA agency Procurement U.S.C. 9611(f)), with respect to the amended (15 U.S.C. 2601 et seq.); Executives or other qualified agency designation of officials who may (vii) Federal Insecticide, Fungicide, officials with no power of further obligate money in the Hazardous and Rodenticide Act, as amended (7 redelegation; and Substances Superfund; U.S.C. 136 et seq.); and (xii) Redelegating the authorities in (ix) Section 113(k) of the Act (42 (viii) Comprehensive Environmental paragraphs (a)(10) (ii), (iii), (iv), (vi), and U.S.C. 9613(k)), with respect to Response, Compensation, and Liability (vii) of this section to USDA agency establishing an administrative record Act of 1980, as amended by the Procurement Executives or other upon which to base the selection of a Superfund Amendments and qualified agency officials with the response action and identifying and Reauthorization Act of 1986 (42 U.S.C. power of further redelegation. notifying potentially responsible parties; 9601 et seq.). (11) Promulgate Departmental (x) Section 116(a) of the Act (42 (b) [Reserved] policies, standards, techniques, and U.S.C. 9616(a)), with respect to procedures and represent the preliminary assessment and site § 2.92 Director, Office of Personnel. Department in maintaining the security inspection of facilities; (a) Delegations. Pursuant to § 2.24 of physical facilities, self-protection, (xi) Sections 117 (a) and (c) of the Act (a)(4), (a)(5) and (a)(7), subject to and warden services. (42 U.S.C. 9617 (a) and (c)), with respect reservations in § 2.24(b)(1), the (12) With respect to land and facilities to public participation in the following delegations of authority are under his or her authority, exercise the preparation of any plan for remedial made by the Assistant Secretary for functions delegated to the Secretary by action and explanation of variances Administration to the Director of Executive Order 12580, 3 CFR, 1987 from the final remedial action plan for Personnel: Comp., p. 193, under the following any remedial action or enforcement (1) Authority to formulate and issue provisions of the Comprehensive action, including any settlement or Department policy, standards, rules and Environmental Response, consent decree entered into; regulations relating to personnel. 56464 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations

(2) Provide personnel management (A) Was involved directly in the (vi) Hours of duty; procedural guidance and operational adverse action, or performance rating (vii) Performance evaluation and instructions. appeal; or standards; (3) Design and establish personnel (B) Made the informal decision; or (viii) Promotions; data systems. (C) Determines that the Examiner’s (ix) Employee development; (4) Inspect and evaluate personnel findings or Committee’s (x) Incentive programs; management operations and issue recommendations is unacceptable. (xi) Leave; instructions or take direct action to (xii) Make the final decision on all (xii) Retirement; insure conformity with appropriate classification appeals from agency (xiii) Program evaluation; laws, Executive orders, Office of appellate decisions; (xiv) Social security; Personnel Management rules and (xiii) Authorize all employment (xv) Life insurance; (xvi) Health benefits; regulations, and other appropriate rules actions (except nondisciplinary and regulations. (xvii) Unemployment compensation; separations and LWOP) and (xviii) Labor management relations; (5) Exercise final authority in all classification actions for senior level personnel matters, including individual (xix) Intramanagement consultation; and equivalent positions including (xx) Security; cases, that involve the jurisdiction of Senior Executive Service positions and (xxi) Discipline; and more than one General Officer. special authority professional and (xxii) Appeals. (6) Receive, review, and recommend scientific positions responsible for (11) Provide personnel services, as action on all requests for the Secretary’s carrying out research and development listed in paragraph (a)(10) of this or Assistant Secretary for functions; section, and organizational support Administration’s approval in personnel (xiv) Authorize all employment services, with authority to take actions matters. actions (except LWOP) for the following (7) Make final decisions on adverse required by law or regulation for: positions: (i) The Secretary of Agriculture; actions except in those cases where the (A) Schedule C; and (ii) The general officers of the Assistant Secretary for Administration (B) Administrative Law Judge. Department, except the Inspector has participated, when it is determined (xv) Authorize employment actions General; that such adverse action is not being (accessions or extensions) for the (iii) The offices and agencies reporting decided in a timely manner. following: to the Assistant Secretary for (8) Represent the Department in (A) Employees whose records are Administration, except the National personnel matters in all contacts outside flagged; and Finance Center; and the Department. (B) Contract services. (9) Specific authorities in the (iv) Provide such services as listed in (xvi) Authorize employment actions paragraph (a)(11) of this section for any following operational matters: (accessions or extensions and transfers) (i) Authorize cash awards above other officer or agency of the for the following: $2,500; Department as may be agreed. (A) Persons with criminal or immoral (ii) Waive repayment of training (12) Provide personnel services records; expenses where employee fails to fulfill relating to defense responsibilities of the (B) Persons separated for misconduct, service agreement; Department. (iii) Establish or change standards and delinquency, or resignation to avoid (13) The provisions of paragraphs plans for awards to private citizens; such action; and (a)(9)(xiii) through (xvii) of this section (iv) Execute, change, extend, or (C) Veterans with dishonorable or shall not apply to positions in, or renew: other than dishonorable discharge. applicants for positions in, the Office of (A) Labor-Management Agreements; (xvii) Authorize adverse actions for Inspector General. and positions in GS–14–15 and equivalent; (14) Maintain, review and update (B) Association of Management (xviii) Approve assignments of White departmental delegations of authority. Officials or Supervisor’s Agreements. House details; (15) Authorize organizational changes (v) Represent any part of the (xix) Authorize adverse actions based which occur in: Department in all contacts and in whole or in part on an allegation of (i) Departmental organizations: proceedings with the National Offices of violation of 5 U.S.C. chapter 73, (A) Service or office; Labor Organizations; subchapter III, for employees in the (B) Division (or comparable (vi) Change a position (with no excepted service; component); and material change in duties) from GS to a (xx) Authorize long-term training in (C) Branch (or comparable component pay system other than a wage system, or programs which require Department- in departmental centers, only). vice versa; wide competition; (ii) Field organizations: (vii) Grant restoration rights, and (xxi) Issue all Coordinated Federal (A) First organizational level; and release employees with administrative Wage Systems (CFWS) Department-wide (B) Next lower organizational level— re-employment rights; Wage Schedules, and Lithographic required only for those types of field (viii) Change working hours for Wage Schedules in the Washington, DC installations where the establishment, groups of 50 or more employees in the Metropolitan Area; and change in location, or abolition of same Washington, DC metropolitan area; (xxii) Initiate and take adverse action requires approval in accordance with (ix) Authorize any mass dismissals of in cases involving a violation of the Departmental Regulation 1010–1, employees in the Washington, DC merit system. available from the Chief, Information metropolitan area; (10) As used herein, the term Management Division, Office of (x) Approve ‘‘normal line of personnel includes: Information Resources Management, promotion’’ cases in the excepted (i) Position management; Room 403–W, Administration Building, service where not in accordance with (ii) Position classification; U.S. Department of Agriculture, time-in grade criteria; (iii) Employment; Washington, DC 20250. (xi) Make final decisions on adverse (iv) Pay administration; (16) Formulate and promulgate action and performance rating appeals (v) Automation of personnel data and departmental organizational objectives in all cases where the Deciding Official: systems design; and policies. Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56465

(17) Provide staff assistance and (25) Administer the Department’s Dated: October 17, 1995. support to the Department’s Committee Occupational Health and Preventive Ellen Haas, Management Officer. Medical Program, as well as design and Under Secretary for Food, Nutrition, and (18) Formulate policies and operate employee assistance and Consumer Services. procedures on the establishment and workers’ compensation activities. For Subpart J: management of committees in the (26) Provide education and training Department. on a Departmentwide basis for safety Dated: October 18, 1995. (19) Consult with GSA and and health related issues and develop James R. Lyons, Departmental agencies on the resource and operational manuals. Under Secretary for Natural Resources and establishment and reestablishment of (b) Reservation. The following Environment. advisory committees. authority is reserved to the Assistant For Subpart K: (20) Establish Departmentwide safety Secretary for Administration: Authorize Dated: October 17, 1995. and health policy and provide organizational changes occurring in a Karl N. Stauber, leadership in the development, Department service or staff office which coordination, and implementation of affect the overall structure of that Under Secretary for Research, Education, and Economics. related standards, techniques, and service or office; i.e., require a change to procedures, and represent the that service or office’s overall For Subpart L: Department in complying with laws, organization chart. Dated: October 17, 1995. Executive orders and other policy and For Subparts A, B, C and D: Keith J. Collin, procedural issuances related to Dated: October 12, 1995. occupational safety and health within Chief Economist. the Department. Dan Glickman, For Subpart M: Secretary of Agriculture. (21) Represent the Department in all Dated: October 30, 1995. For Subpart E: rulemaking, advisory or legislative Irwin T. David, capacities on any groups, committees, or Dated: October 12, 1995. Acting Chief Financial Officer. Governmentwide activities that affect Richard E. Rominger, For Subpart N: the USDA Occupational Safety and Deputy Secretary of Agriculture. Health Management Program. For Subpart F: Dated: October 20, 1995. (22) Determine and/or provide Shirley R. Watkins, Dated: October 16, 1995. Departmentwide technical services and Acting Assistant Secretary for Marketing and regional staff support for the safety and Eugene Moos, Regulatory Programs. health programs. Under Secretary for Farm and Foreign For Subpart O: (23) Administer the computerized Agricultural Services. management information systems for For Subpart G: Dated: October 19, 1995. the collection, processing and Dated: October 13, 1995. P. Scott Sheare, dissemination of data related to the Jill Long Thompson, Acting Assistant Secretary for Congressional Department’s occupational safety and Relations. Under Secretary for Rural Economic and health programs. Community Development. For Subpart P: (24) Administer the administrative For Subpart H: appeals process related to the inclusion Dated: October 18, 1995. of positions in the Testing Designated Dated: October 16, 1995. Wardell C. Townsend, Jr., Position listing in the USDA Drug-Free Michael Taylor, Assistant Secretary for Administration. Workplace Program and designate the Acting Under Secretary for Food Safety. [FR Doc. 95–27388 Filed 11–7–95; 8:45 am] final appeal officer for that Program. For Subpart I: BILLING CODE 3410±01±P