§ 2.61 7 CFR Subtitle A (1–1–14 Edition)

U.S.C. 1011(c), and Executive Order (a)(8), subject to reservations in 11609, 3 CFR, 1971–1975 Comp., p. 586). § 2.20(b)(1), the following delegations of (4) Making recommendations to the authority are made by the Under Sec- President for establishing new units or retary for Natural Resources and Envi- adding to existing units of the National ronment to the Chief of the Natural Wild and Scenic Rivers System (16 Resources Conservation Service: U.S.C. 1271–1278); National Scenic (1) Provide national leadership in the Trails System (16 U.S.C. 1241–1249) and conservation, development and produc- the National Wilderness Preservation tive use of the Nation’s soil, water, and System (16 U.S.C. 1131–1136). related resources. Such leadership en- (5) Signing of declarations of taking compasses soil, water, plant, and wild- and requests for condemnation of prop- life conservation; small watershed pro- erty as authorized by law to carry out tection and flood prevention; and re- the mission of the Forest Service (40 source conservation and development. U.S.C. 257). Integrated in these programs are ero- (6) Approval of acquisition of land sion control, sediment reduction, pollu- under the Weeks Act of March 1, 1911, tion abatement, land use planning, as amended (16 U.S.C. 521), and special multiple use, improvement of water forest receipts acts (Pub. L. No. 337, quality, and several surveying and 74th Cong., 49 Stat. 866, as amended by monitoring activities related to envi- Pub. L. No. 310, 78th Cong., 58 Stat. 227; ronmental improvement. All are de- Pub. L. No. 505, 75th Cong., 52 Stat. 347, signed to assure: as amended by Pub. L. No. 310, 78th (i) Quality in the natural resource Cong., 58 Stat. 227; Pub. L. No. 634, 75th base for sustained use; Cong., 52 Stat. 699, as amended by Pub. (ii) Quality in the environment to L. No. 310, 78th Cong., 58 Stat. 227; Pub. provide attractive, convenient, and sat- L. No. 748, 75th Cong., 52 Stat. 1205, as isfying places to live, work, and play; amended by Pub. L. No. 310, 78th Cong., and 58 Stat. 227; Pub. L. No. 427, 76th Cong., (iii) Quality in the standard of living 54 Stat. 46; Pub. L. No. 589, 76th Cong., based on community improvement and 54 Stat. 297; Pub. L. No. 591, 76th Cong., adequate income. 54 Stat. 299; Pub. L. No. 637, 76th Cong., (2) Provide national leadership in 54 Stat. 402; Pub. L. No. 781, 84th Cong., evaluating and coordinating land use 70 Stat. 632) of $250,000 or more in value policy, and administer the Farmland for national forest purposes. Protection Policy Act (7 U.S.C. 4201 et (7) The authority to approve dis- seq.), including the Farms for the Fu- bursements from the New World Mine ture Program authorized by sections Response and Restoration Account and 1465–1470 of the Food, Agriculture, Con- the authority to prepare and approve servation, and Trade Act of 1990 (7 the New World Mine Response and Res- U.S.C. 4201 note), except as otherwise toration Plan, including the coordina- delegated to the Administrator, Agri- tion of the response and restoration ac- cultural Research Service in tivities of the Forest Service and the § 2.65(a)(80) and the Director, National other Federal and State agencies, and Institute of Food and Agriculture in make quarterly reports to Congress § 2.66(a)(76). under section 502(d) and (f) of Title V of (3) Administer the basic program of the Department of the Interior and Re- soil and water conservation under Pub. lated Agencies Appropriations Act of L. No. 46, 74th Congress, as amended, 1998, Pub. L. 105–83. and related laws (16 U.S.C. 590a–f, 1–1, q, q–1; 42 U.S.C. 3271–3274; 7 U.S.C. 2201), [60 FR 56393, Nov. 8, 1995, as amended at 64 FR 34967, June 30, 1999; 65 FR 12429, Mar. 9, including: 2000; 67 FR 59135, Sept. 20, 2002; 72 FR 36859, (i) Technical and financial assistance July 6, 2007; 74 FR 3408, Jan. 21, 2009; 78 FR to land users in carrying out locally 40938, July 9, 2013] adapted soil and water conservation programs primarily through soil and § 2.61 Chief, Natural Resources Con- water conservation districts in the sev- servation Service. eral States, the District of Columbia, (a) Delegations. Pursuant to § 2.20 the Commonwealth of Puerto Rico, and (a)(1), (a)(3), (a)(5), (a)(6), (a)(7)(ii) and the Commonwealth of the Northern

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Mariana Islands, American Samoa, Farm Tenant Act (7 U.S.C. 1010–1011); Guam, the Virgin Islands, and Feder- and ally recognized Native American (v) Providing leadership in the tribes, but also to communities, water- inventorying and monitoring of soil, shed groups, Federal and State agen- water, land, and related resources of cies, and other cooperators. This au- the Nation. thority includes such assistance as: (4) Administer the Watershed Protec- (A) Comprehensive planning assist- tion and Flood Prevention Programs, ance in nonmetroplitan districts; including: (B) Assistance in the field of income- (i) The eleven authorized watershed producing recreation on rural non-Fed- projects authorized under 33 U.S.C. eral lands; 702b–1, except for responsibilities as- (C) Forestry assistance, as part of signed to the Forest Service; total technical assistance to private (ii) The emergency flood control land owners and land users when such work under 33 U.S.C. 701b–1, except for services are an integral part of land responsibilities assigned to the Forest management and such services are not Service; available from a State agency; and for- (iii) The Cooperative River Basin estry services in connection with Surveys and Investigations Programs windbreaks and shelter belts to prevent under 16 U.S.C. 1006, except for respon- wind and water erosion of lands; sibilities assigned to the Forest Serv- (D) Assistance in developing pro- ice; grams relating to natural beauty; and (iv) The pilot watershed projects (E) Assistance to other USDA agen- under 16 U.S.C. 590a–f, and 16 U.S.C. cies in connection with the administra- 1001–1009, except for responsibilities as- tion of their programs, as follows: signed to the Forest Service; (1) To the Farm Service Agency in the development and technical serv- (v) The Watershed Protection and icing of certain programs, such as the Flood Prevention Program under 16 Agricultural Conservation Program U.S.C. 1001–1010, including rehabilita- and other such similar conservation tion of water resource structural meas- programs; ures constructed under certain Depart- (2) To the Rural Housing Service in ment of Agriculture programs under 16 connection with their loan and land U.S.C. 1012, except for responsibilities disposition programs. assigned to the Rural Housing Service (ii) Soil Surveys, including: and the Forest Service. (A) Providing leadership for the Fed- (vi) The joint investigations and sur- eral part of the National Cooperative veys with the Department of the Army Soil Survey which includes conducting under 16 U.S.C. 1009; and and publishing soil surveys; (vii) The Emergency Conservation (B) Conducting soil surveys for re- Program and the Emergency Water- source planning and development; and shed Protection Program under sec- (C) Performing the cartographic serv- tions 401–405 of the Agricultural Credit ices essential to carrying out the func- Act of 1978, 16 U.S.C. 2201–2205, except tions of the Natural Resources Con- for the provisions of sections 401 and servation Service, including furnishing 402, 16 U.S.C. 2201–2202, as administered photographs, mosaics, and maps. by the Farm Service Agency. (iii) Conducting and coordinating (5) Administer the Great Plains Con- snow surveys and making water supply servation Program and the Critical forecasts pursuant to Reorganization Lands Resources Conservation Pro- Plan No. IV of 1940 (5 U.S.C. App.); gram under 16 U.S.C. 590p(b). (iv) Operating plant materials cen- (6) Administer the Resource Con- ters for the assembly and testing of servation and Development Program plant species in conservation programs, under 16 U.S.C. 590a–f; 7 U.S.C. 1010– including the use, administration, and 1011; and 16 U.S.C. 3451–3461, except for disposition of lands under the adminis- responsibilities assigned to the Rural tration of the Natural Resources Con- Utilities Service. servation Service for such purposes (7) Responsibility for entering into under title III of the Bankhead-Jones long-term contracts for carrying out

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conservation and environmental meas- Commodity Credit Corporation that ures in watershed areas. provide assistance with respect to nat- (8) Provide national leadership for ural resources conservation, under and administer the Soil and Water Re- Title XII of the Food Security Act of sources Conservation Act of 1977 (16 1985 (the Act), as amended (16 U.S.C. U.S.C. 2001 et seq.), except for respon- 3801 et seq.), including the following: sibilities assigned to other USDA agen- (i) Technical assistance related to cies. the conservation of highly erodible (9) Administer Rural Clean Water lands and wetlands pursuant to sec- Program and other responsibilities as- tions 1211–1223 of the Act (16 U.S.C. signed under section 35 of the Clean 3811–3823); Water Act of 1977 (33 U.S.C. 1251 et seq.). (ii) Technical assistance related to (10) Monitor actions and progress of the Conservation Reserve Program au- USDA in complying with Executive thorized by sections 1231–1235A of the Order 11988, Flood Plain Management, 3 Act (16 U.S.C. 3831–3835a); CFR, 1977 Comp., p. 117, and Executive (iii) The Wetlands Reserve Program Order 11990, Protection of Wetlands, 3 and the Emergency Wetlands Reserve CFR, 1977 Comp., p. 121, regarding man- Program authorized by sections 1237– agement of floodplains and protection 1237F of the Act (16 U.S.C. 3837–3837f) of wetlands; monitor USDA efforts on and the Emergency Supplemental Ap- protection of important agricultural, propriations for Relief from the Major, forest and rangelands; and provide staff Widespread Flooding in the Midwest assistance to the USDA Natural Re- Act, Pub. L. 103–75; sources and Environment Committee. (iv) The Conservation Security Pro- (11) Administer the search and rescue gram authorized by sections 1238–1238C operations authorized under 7 U.S.C. (16 U.S.C. 3838–3838c) and the Conserva- 2273. tion Stewardship Program authorized (12) Administer section 202(c) of the by sections 1238D–1238G (16 U.S.C. Colorado River Basin Salinity Control 3838d–3838g). Act, 43 U.S.C. 1592(c) including: (v) The Farmland Protection Pro- (i) Identify salt source areas and de- gram authorized by sections 1238H– termine the salt load resulting from ir- 1238I of the Act (16 U.S.C. 3838h–3838i); rigation and watershed management (vi) The Farm Viability Program au- practices; thorized by section 1238J of the Act (16 (ii) Conduct salinity control studies U.S.C. 3838j); of irrigated salt source areas; (vii) The Environmental Easement (iii) Provide technical and financial Program authorized by sections 1239– assistance in the implementation of sa- 1239D of the Act (16 U.S.C. 3839–3839d); linity control projects including the (viii) The Environmental Quality In- development of salinity control plans, centives Program authorized by sec- technical services for application, and tions 1240–1240I of the Act (16 U.S.C. certification of practice applications; 3839aa–3839aa–9); (iv) Develop plans for implementing (xix) The conservation of private measures that will reduce the salt load grazing lands authorized by section of the Colorado River; 1240M of the Act (16 U.S.C. 3839bb); (v) Develop and implement long-term (x) The Wildlife Habitat Incentives monitoring and evaluation plans to Program authorized by section 1240N of measure and report progress and ac- the Act (16 U.S.C. 3839bb–1); complishments in achieving program (xi) The program for soil erosion and objectives; and sedimentation control in the Great (vi) Enter into and administer con- Lakes basin authorized by section tracts with program participants and 1240P of the Act (16 U.S.C. 3839bb–3); waive cost-sharing requirements when (xii) The delivery of technical assist- such cost-sharing requirements would ance under section 1242 of the Act (16 result in a failure to proceed with need- U.S.C. 3842), including the approval of ed on-farm measures. persons or entities outside of USDA to (13) Administer natural resources provide technical services; conservation authorities, including au- (xiii) The authority for partnerships thorities related to programs of the and cooperation provided by section

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1243 of the Act (16 U.S.C. 3843), except the Administrator, Risk Management for responsibilities assigned to the Agency. Under Secretary for Farm and Foreign (19) Administer the Healthy Forests Agricultural Services; and Reserve Program authorized by sec- (xiv) The incentives for certain farm- tions 501–508, Title V of the Healthy ers and ranchers and Indian tribes and Forests Restoration Act of 2003 (16 the protection of certain proprietary U.S.C. 6571–6578). information related to natural re- (20) Coordinate USDA input and as- sources conservation programs as pro- sistance to the Department of Com- vided by section 1244 of the Act (16 merce and other Federal agencies con- U.S.C. 3844), except for responsibilities sistent with section 307 of the Coastal assigned to the Administrator, Farm Zone Management Act of 1972 (16 U.S.C. Service Agency. 1456), and coordinate USDA review of (xv) The Agriculture Conservation qualifying state and local government Experienced Services Program author- coastal management plans or programs ized by section 1252 of the Act (16 prepared under such Act and submitted U.S.C. 3851). to the Secretary of Commerce, con- (xvi) The authority under sections sistent with section 306(a) and (c) of 1261–1262 of the Act (16 U.S.C. 3861–3862) such Act (16 U.S.C. 1455(a) and (c)). to establish and utilize State Technical (21) Administer responsibilities and Committees. functions assigned under the Defense (xvii) Those portions of the Grassland Production Act of 1950, as amended (50 Reserve Program under sections 1238N– U.S.C. App. 2061 et seq.), and title VI of 1238Q of the Act (16 U.S.C. 3838n–3838q) the Robert T. Stafford Disaster Relief that are or become the responsibility and Emergency Assistance Act (42 of the Under Secretary for Natural Re- U.S.C. 5195 et seq.), relating to agricul- sources and Environment. tural lands and water. (xviii) The authority in section 1241 (22) Administer the Abandoned Mine of the Act (16 U.S.C. 3841) to accept and Reclamation Program for Rural Lands use voluntary contributions of non- and other responsibilities assigned Federal funds in support of natural re- under the Surface Mining Control and sources conservation programs under Reclamation Act of 1977 (30 U.S.C. 1201 subtitle D of title XII of the Act with et seq.), except for responsibilities as- respect to authorities delegated to the signed to the Forest Service. Chief, Natural Resources Conservation (23) With respect to land and facili- Service. ties under his or her authority, to exer- (14) Approve and transmit to the Con- cise the functions delegated to the Sec- gress comprehensive river basin re- retary by Executive Order 12580, 3 CFR, ports. 1987 Comp., p. 193, under the following (15) Provide representation on the provisions of the Comprehensive Envi- Water Resources Council and river ronmental Response, Compensation, basin commissions created by 42 U.S.C. and Liability Act of 1980 (‘‘the Act’’), 1962, and on river basin interagency as amended: committees. (i) Sections 104(a), (b), and (c)(4) of (16) Jointly administer the Forestry the Act (42 U.S.C. 9604(a), (b), and Incentives Program with the Forest (c)(4)), with respect to removal and re- Service, in consultation with State medial actions in the event of release Foresters, under section 4 of the Coop- or threatened release of a hazardous erative Forestry Assistance Act of 1978 substance, pollutant, or contaminant (16 U.S.C. 2103). into the environment; (17) Administer the Water Bank Pro- (ii) Sections 104(e)–(h) of the Act (42 gram under the Water Bank Act (16 U.S.C. 9604 (e)–(h)), with respect to in- U.S.C. 1301 et seq.). formation gathering and access re- (18) Administer the agricultural man- quests and orders; compliance with agement assistance provisions of sec- Federal health and safety standards tion 524(b) of the Federal Crop Insur- and wage and labor standards applica- ance Act, as amended (7 U.S.C. 1524(b)), ble to covered work; and emergency except for responsibilities assigned to procurement powers;

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(iii) Section 104(i)(11) of the Act (42 excluding section 122(b)(1) of the Act U.S.C. 9604(i)(11)), with respect to the (42 U.S.C. 9633(b)(1)), related to mixed reduction of exposure to significant funding agreements. risk to human health; (24) With respect to facilities and ac- (iv) Section 104(j) of the Act (42 tivities under his or her authority, to U.S.C. 9604(j)), with respect to the ac- exercise the authority of the Secretary quisition of real property and interests of Agriculture pursuant to section 1– in real property required to conduct a 102 related to compliance with applica- remedial action; ble pollution control standards and sec- (v) The first two sentences of section tion 1–601 of Executive Order 12088, 3 105(d) of the Act (42 U.S.C. 9605(d)), CFR, 1978 Comp., p. 243, to enter into with respect to petitions for prelimi- an inter-agency agreement with the nary assessment of a release or threat- United States Environmental Protec- ened release; tion Agency, or an administrative con- (vi) Section 105(f) of the Act (42 sent order or a consent judgment in an U.S.C. 9605(f)), with respect to consider- appropriate United States District ation of the availability of qualified Court with an appropriate State, inter- minority firms in awarding contracts, state, or local agency, containing a but excluding that portion of section plan and schedule to achieve and main- 105(f) of the Act pertaining to the an- tain compliance with applicable pollu- nual report to Congress; tion control standards established pur- (vii) Section 109 of the Act (42 U.S.C. suant to the following: 9609), with respect to the assessment of civil penalties for violations of section (i) Solid Waste Disposal Act, as 122 of the Act (42 U.S.C. 9622) and the amended by the Resource Conservation granting of awards to individuals pro- and Recovery Act, the Hazardous and viding information; Solid Waste Amendments, and the Fed- (viii) Section 111(f) of the Act (42 eral Facility Compliance Act (42 U.S.C. U.S.C. 9611(f)), with respect to the des- 6901 et seq.); ignation of officials who may obligate (ii) Federal Water Pollution Preven- money in the Hazardous Substances tion and Control Act, as amended (33 ; U.S.C. 1251 et seq.); (ix) Section 113(k) of the Act (42 (iii) , as U.S.C. 9613(k)), with respect to estab- amended (42 U.S.C. 300f et seq.); lishing an administrative record upon (iv) Clean Air Act, as amended (42 which to base the selection of a re- U.S.C. 7401 et seq.); sponse action and identifying and noti- (v) of 1972, as fying potentially responsible parties; amended (42 U.S.C. 4901 et seq.); (x) Section 116(a) of the Act (42 U.S.C. (vi) Toxic Substances Control Act, as 9616(a)), with respect to preliminary as- amended, (15 U.S.C. 2601 et seq.); sessment and site inspection of facili- (vii) Federal Insecticide, Fungicide, ties; and Rodenticide Act, as amended (7 (xi) Section 117(a) and (c) of the Act U.S.C. 136 et seq.); and (42 U.S.C. 9617(a) and (c)), with respect (viii) Comprehensive Environmental to public participation in the prepara- Response, Compensation, and Liability tion of any plan for remedial action and explanation of variances from the Act of 1980, as amended by the Super- final remedial action plan for any re- fund Amendments and Reauthorization medial action or enforcement action, Act of 1986 (42 U.S.C. 9601 et seq.). including any settlement or consent (25) Administer the following provi- decree entered into; sions of the Farm Security and Rural (xii) Section 119 of the Act (42 U.S.C. Investment Act of 2002 with respect to 9619), with respect to indemnifying re- functions otherwise delegated to the sponse action contractors; Chief, Natural Resources and Environ- (xiii) Section 121 of the Act (42 U.S.C. ment: 9621), with respect to cleanup stand- (i) The equitable relief provisions of ards; and section 1613 (7 U.S.C. 7996); (xiv) Section 122 of the Act (42 U.S.C. (ii) The tracking of benefits under 9622), with respect to settlement, but section 1614 (7 U.S.c. 7997); and

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(iii) The development of a plan and Subpart K—Delegations of Author- related report to coordinate land re- ity by the Under Secretary for tirement and agricultural working land Research, Education, and Ec- conservation programs under section onomics 2005 (16 U.S.C. 3801 note). (26) Implement the information dis- § 2.63 Deputy Under Secretary for Re- closure authorities of section search, Education, and Economics. 1619(b)(3)(A) of the Food, Conservation, Pursuant to § 2.21(a), subject to res- and Energy Act of 2008 (7 U.S.C. ervations in § 2.21(b), and subject to 8791(b)(3)(A)). policy guidance and direction by the (27) In coordination with the Direc- Under Secretary, the following delega- tor, Office of Advocacy and Outreach, tion of authority is made by the Under issue receipts under section 2501A(e) of Secretary for Research, Education, and the Food, Agriculture, Conservation, Economics, to be exercised only during and Trade Act of 1990 (7 U.S.C. 2279– the absence or unavailability of the 1(e)). Under Secretary: Perform all the du- ties and exercise all the powers which (28) Authorize employees of the Nat- are now or which may hereafter be del- ural Resources Conservation Service to egated to the Under Secretary for Re- carry and use firearms for personal search, Education, and Economics. protection while conducting field work in remote locations in the performance § 2.65 Administrator, Agricultural Re- of their official duties (7 U.S.C. 2274a). search Service. (29) Conduct activities that assist the (a) Delegations. Pursuant to Director, Office of Environmental Mar- § 2.21(a)(1), (a)(3) and (a)(5) through kets, in developing guidelines regard- (a)(7), subject to reservations in ing the development of environmental § 2.21(b)(1), the following delegations of services markets. authority are made by the Under Sec- (b) Reservations. The following au- retary for Research, Education, and thorities are reserved to the Under Sec- Economics to the Administrator, Agri- retary for Natural Resources and Envi- cultural Research Service: ronment: (1) Coordinate USDA policy relative to the Federal Insecticide, Fungicide, (1) Executing cooperative agreements and Rodenticide Act, as amended (7 and memoranda of understanding for U.S.C. 136 et seq.) and coordinate the multi-agency cooperation with con- Department’s Integrated Pest Manage- servation districts and other districts ment Programs and the Pesticide As- organized for soil and water conserva- sessment Program (7 U.S.C. 136–136y). tion within States, territories, posses- (2) Conduct research related to the sions, and American Indian Nations. economic feasibility of the manufac- (2) Approving additions to authorized ture and commercialization of natural Resource Conservation and Develop- rubber from hydrocarbon-containing ment Projects that designate new plants (7 U.S.C. 178–178n). project areas in which resource con- (3) Conduct research on the control of servation and development program as- undesirable species of honeybees in co- sistance will be provided, and with- operation with specific foreign govern- drawing authorization for assistance, ments (7 U.S.C. 284). pursuant to 16 U.S.C. 590a-f; 7 U.S.C. (4) Conduct research concerning do- 1010–1011; 16 U.S.C. 3451–3461. mestic animals and poultry, their pro- (3) Giving final approval to and tection and use, the causes of con- transmitting to the Congress water- tagious, infectious, and communicable diseases, and the means for the preven- shed work plans that require congres- tion and cure of the same (7 U.S.C. 391). sional approval. (5) Conduct research related to the [60 FR 56393, Nov. 8, 1995, as amended at 62 dairy industry and to the dissemina- FR 1031, Jan. 8, 1997; 68 FR 27444, May 20, tion of information for the promotion 2003; 74 FR 3409, Jan. 21, 2009; 75 FR 43381, of the dairy industry (7 U.S.C. 402). July 23, 2010; 76 FR 4802, Jan. 27, 2011; 78 FR (6) Conduct research and demonstra- 40938, July 9, 2013] tions at Mandan, ND, related to dairy

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