7 CFR Subtitle a (1–1–19 Edition)
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§ 2.60 7 CFR Subtitle A (1–1–19 Edition) Environment to the Deputy Under Sec- Pub. L. No. 505, 75th Cong., 52 Stat. 347, retaries for Natural Resources and En- as amended by Pub. L. No. 310, 78th vironment, to be exercised only during Cong., 58 Stat. 227; Pub. L. No. 634, 75th the absence or unavailability of the Cong., 52 Stat. 699, as amended by Pub. Under Secretary: Perform all the du- L. No. 310, 78th Cong., 58 Stat. 227; Pub. ties and exercise all the powers which L. No. 748, 75th Cong., 52 Stat. 1205, as are now or which may hereafter be del- amended by Pub. L. No. 310, 78th Cong., egated to the Under Secretary for Nat- 58 Stat. 227; Pub. L. No. 427, 76th Cong., ural Resources and Environment. Pro- 54 Stat. 46; Pub. L. No. 589, 76th Cong., vided, that, except in the absence of 54 Stat. 297; Pub. L. No. 591, 76th Cong., both the Under Secretary and a Deputy 54 Stat. 299; Pub. L. No. 637, 76th Cong., Under Secretary, this authority shall 54 Stat. 402; Pub. L. No. 781, 84th Cong., be exercised by the respective Deputy 70 Stat. 632) is limited to acquisitions Under Secretary only with respect to of less than $250,000 in value. the area or responsibility assigned to (3) As necessary for administrative him or her. purposes, divide into and designate as national forests any lands of 3,000 acres § 2.60 Chief, Forest Service. or less which are acquired under or (a) Delegations. Pursuant to subject to the Weeks Act of March 1, § 2.20(a)(1), (a)(2), (a)(6), (a)(7)(ii) and 1911, as amended, and which are contig- (a)(8), the following delegations of au- uous to existing national forest bound- thority are made by the Under Sec- aries established under the authority retary for Natural Resources and Envi- of the Weeks Act. ronment to the Chief of the Forest (4) Plan and administer wildlife and Service: fish conservation rehabilitation and (1) Provide national leadership in for- habitat management programs on Na- estry. (As used here and elsewhere in tional Forest System lands, pursuant this section, the term ‘‘forestry’’ en- to 16 U.S.C. 670g, 670h, and 670o. compasses renewable and nonrenewable (5) For the purposes of the National resources of forests, including lands Forests System Drug Control Act of governed by the Alaska National Inter- 1986 (16 U.S.C. 559–f), specifically des- est Lands Conservation Act, forest-re- lated rangeland, grassland, brushland, ignate certain specially trained officers woodland, and alpine areas including and employees of the Forest Service, but not limited to recreation, range, not exceeding 500, to have authority in timber, minerals, watershed, wildlife the performance of their duties within and fish; natural scenic, scientific, cul- the boundaries of the National Forest tural, and historic values of forests and System: related lands; and derivative values (i) To carry firearms; such as economic strength and social (ii) To enforce and conduct investiga- well being). tions of violations of section 401 of the (2) Protect, manage, and administer Controlled Substance Act (21 U.S.C. the national forests, national forest 481) and other criminal violations re- purchase units, national grasslands, lating to marijuana and other con- and other lands and interests in lands trolled substances that are manufac- administered by the Forest Service, tured, distributed, or dispensed on Na- which collectively are designated as tional Forest System lands; the National Forest System. This dele- (iii) To make arrests with a warrant gation covers the acquisition and dis- or process for misdemeanor violations, position of lands and interest in lands or without a warrant for violations of as may be authorized for the protec- such misdemeanors that any such offi- tion, management, and administration cer or employee has probable cause to of the National Forest System, except believe are being committed in that that the authority to approve acquisi- employee’s presence or view, or for a tion of land under the Weeks Act of felony with a warrant or without a March 1, 1911, as amended, and special warrant if that employee has probable forest receipts acts (Pub. L. No. 337, cause to believe that the person being 74th Cong., 49 Stat. 866, as amended by arrested has committed or is commit- Pub. L. No. 310, 78th Cong., 58 Stat. 227; ting such a felony; 262 VerDate Sep<11>2014 13:30 Mar 29, 2019 Jkt 247012 PO 00000 Frm 00272 Fmt 8010 Sfmt 8010 Y:\SGML\247012.XXX 247012 Spaschal on DSK3GDR082PROD with CFR Office of the Secretary, USDA § 2.60 (iv) To serve warrants and other (12) Enter into contracts, grants, and process issued by a court or officer of cooperative agreements for the support competent jurisdiction; of scientific research in forestry activi- (v) To search, with or without a war- ties (7 U.S.C. 427i(a), 1624; 16 U.S.C. rant or process, any person, place, or 582a–8, 1643–1645, 1649). conveyance according to Federal law or (13) Enter into cooperative research rule of law; and and development agreements with in- (vi) To seize, with or without warrant dustry, universities, and others; insti- or process, any evidentiary item ac- tute a cash award program to reward cording to Federal law or rule of law. scientific, engineering, and technical (6) Cooperate with the law enforce- personnel; award royalties to inven- ment officials of any Federal agency, tors; and retain and use royalty income State, or political subdivision, in the (15 U.S.C. 3710a–3710c). investigation of violations of, and en- (14) Enter into contracts, grants, or forcement of, section 401 of the Con- cooperative agreements to further re- trolled Substances Act (21 U.S.C. 841), search, extension, or teaching pro- other laws and regulations relating to grams in the food and agricultural marijuana and other controlled sub- sciences (7 U.S.C. 3152, 3318). stances, and State drug control laws or (15) Enter into cost-reimbursable ordinances, within the boundaries of agreements relating to agricultural re- the National Forest System. search, extension, or teaching activi- (7) Administer programs under sec- ties (7 U.S.C. 3319a). tion 23 of the Federal Highway Act (23 (16) Administer programs of coopera- U.S.C. 101(a), 120(f), 125(a)–(c), 138, tive forestry assistance in the protec- 202(a)–(b), 203, 204(a)–(h), 205(a)–(d), 211, tion, conservation, and multiple re- 317, 401(a)). source management of forests and re- (8) Administer provisions of the Sur- lated resources in both rural and urban face Mining Control and Reclamation areas and forest lands in foreign coun- Act of 1977 (30 U.S.C. 1272, 1305) as they tries (16 U.S.C. 2101–2114). relate to management of the National (17) Provide assistance to States and Forest System. other units of government in forest re- (9) Conduct, support, and cooperate sources planning and forestry rural re- in investigations, experiments, tests, vitalization (7 U.S.C. 6601, 6611–6617; 16 and other activities deemed necessary U.S.C. 2107). to obtain, analyze, develop, dem- (18) Conduct a program of technology onstrate, and disseminate scientific in- implementation for State forestry per- formation about protecting, managing, sonnel, private forest landowners and and utilizing forest and rangeland re- managers, vendors, forest operators, newable resources in rural, suburban, public agencies, and individuals (16 and urban areas in the United States U.S.C. 2107). and foreign countries. The activities (19) Administer rural fire protection conducted, supported, or cooperated in and control program (16 U.S.C. 2106). shall include, but not be limited to: re- (20) Provide technical assistance on newable resource management re- forestry technology or the implemen- search; renewable resource environ- tation of the conservation reserve and mental research; renewable resource softwood timber programs authorized protection research, renewable re- in sections 1231–1244 and 1254 of the source utilization research, and renew- Food Security Act of 1985 (16 U.S.C. able resource assessment research (16 3831–3844; 7 U.S.C. 1981 note). U.S.C. 1641–1647). (21) Administer forest insect, disease, (10) Use authorities and means avail- and other pest management programs able to disseminate the knowledge and (16 U.S.C. 2104). technology developed from forestry re- (22) Exercise the custodial functions search (16 U.S.C. 1645). of the Secretary for lands and interests (11) Coordinate activities with other in lands under lease or contract of sale agencies in USDA, other Federal and to States and local agencies pursuant State agencies, forestry schools, and to title III of the Bankhead-Jones private entities and individuals (16 Farm Tenant Act and administer re- U.S.C. 1643). served and reversionary interests in 263 VerDate Sep<11>2014 13:30 Mar 29, 2019 Jkt 247012 PO 00000 Frm 00273 Fmt 8010 Sfmt 8010 Y:\SGML\247012.XXX 247012 Spaschal on DSK3GDR082PROD with CFR § 2.60 7 CFR Subtitle A (1–1–19 Edition) lands conveyed under that Act (7 and other departments and establish- U.S.C. 1010–1012). ments; (23) Under such general program cri- (v) Promoting interchange of tech- teria and procedures as may be estab- nical mapping information, including lished by the Natural Resources Con- techniques which may reduce costs or servation Service: improve quality; and (i) Administer the forestry aspects of (vi) Maintaining the mapping records the programs listed in paragraphs formerly maintained by the Office of (a)(23)(i)(A), (B), and (C) of this section Operations. on the National Forest System, range- (27) Administer the radio frequency lands with national forest boundaries, licensing work of USDA, including: adjacent rangelands which are admin- (i) Representing USDA on the Inter- istered under formal agreement, and departmental Radio Advisory Com- other forest lands: mittee and its Frequency Assignment (A) The cooperative river basin sur- Subcommittee of the National Tele- veys and investigations program (16 communications and Information Ad- U.S.C.