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agency through such officers and em- § 1c.124 Conditions. ployees of the Federal department or With respect to any research project agency and such experts and consult- or any class of research projects the de- ants as the department or agency head partment or agency head of either the determines to be appropriate. This conducting or the supporting Federal evaluation will take into consideration department or agency may impose ad- the risks to the subjects, the adequacy ditional conditions prior to or at the of protection against these risks, the time of approval when in the judgment potential benefits of the research to of the department or agency head addi- the subjects and others, and the impor- tional conditions are necessary for the tance of the knowledge gained or to be protection of human subjects. gained. (b) On the basis of this evaluation, the department or agency head may PART 2—DELEGATIONS OF AU- approve or disapprove the application THORITY BY THE SECRETARY OF or proposal, or enter into negotiations AGRICULTURE AND GENERAL OF- to develop an approvable one. FICERS OF THE DEPARTMENT

§ 1c.121 [Reserved] Subpart A—General § 1c.122 Use of Federal funds. Sec. 2.1 Establishment of the Department. Federal funds administered by a Fed- 2.2 Authority of the Secretary to prescribe eral department or agency may not be regulations. expended for research involving human 2.3 Authority of the Secretary to delegate subjects unless the requirements of authority. this policy have been satisfied. 2.4 General officers. 2.5 Order in which officers of the Depart- § 1c.123 Early termination of research ment shall act as Secretary. support: Evaluation of applications and proposals. Subpart B—General Delegations of Authority by the Secretary of Agriculture (a) The department or agency head may require that Federal department 2.6 Designation of first assistants. or agency support for any project be 2.7 Authority to supervise and direct. 2.8 Delegations of authority to agency terminated or suspended in the manner heads to order that the United States prescribed in applicable program re- flag be flown at half-staff. quirements, when the department or 2.9 Additional delegations. agency head finds an institution has 2.10 Limitations. materially failed to comply with the 2.11 New principles and periodic reviews. terms of this policy. 2.12 Secretary and general officers not pre- (b) In making decisions about sup- cluded from exercising delegated powers. 2.13 Status of prior delegations. porting or approving applications or proposals covered by this policy the de- Subpart C—Delegations of Authority to the partment or agency head may take Deputy Secretary, Under Secretaries, into account, in addition to all other and Assistant Secretaries eligibility requirements and program criteria, factors such as whether the 2.15 Deputy Secretary. applicant has been subject to a termi- 2.16 Under Secretary for Farm Production and Conservation. nation or suspension under paragraph 2.17 Under Secretary for Rural Develop- (a) of this section and whether the ap- ment. plicant or the person or persons who 2.18 Under Secretary for Food Safety. would direct or has/have directed the 2.19 Under Secretary for Food, Nutrition, scientific and technical aspects of an and Consumer Services. activity has/have, in the judgment of 2.20 Under Secretary for Natural Resources the department or agency head, mate- and Environment. rially failed to discharge responsibility 2.21 Under Secretary for Research, Edu- cation, and Economics. for the protection of the rights and 2.22 Under Secretary for Marketing and welfare of human subjects (whether or Regulatory Programs. not the research was subject to federal 2.23 Assistant Secretary for Congressional regulation). Relations.

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2.24 Assistant Secretary for Administra- 2.57 Administrator, Food and Nutrition tion. Service. 2.25 Assistant Secretary for Civil Rights. 2.26 Under Secretary for Trade and Foreign Subpart J—Delegations of Authority by the Agricultural Affairs. Under Secretary for Natural Resources and Environment Subpart D—Delegations of Authority to Other General Officers and Agency Heads 2.59 Deputy Under Secretaries for Natural Resources and Environment. 2.27 Office of Administrative Law Judges. 2.60 Chief, Forest Service. 2.28 Chief Financial Officer. 2.29 Chief Economist. 2.61 [Reserved] 2.30 Director, Office of Budget and Program Analysis. Subpart K—Delegations of Authority by the 2.31 General Counsel. Under Secretary for Research, Edu- 2.32 Chief Information Officer. cation, and Economics 2.33 Inspector General. 2.34 Director, National Appeals Division. 2.63 Deputy Under Secretary for Research, 2.35 Judicial Officer. Education, and Economics. 2.36 Director, Office of Communications. 2.65 Administrator, Agricultural Research 2.37 Director, Office of Small and Disadvan- Service. taged Business Utilization. 2.66 Director, National Institute of Food 2.38 Director, Office of Partnerships and and Agriculture. Public Engagement. 2.67 Administrator, Economic Research Service. Subpart E [Reserved] 2.68 Administrator, National Agricultural Statistics Service. Subpart F—Delegations of Authority by the 2.69 Director, Office of the Chief Scientist. Under Secretary for Farm Production and Conservation Subpart L—Delegations of Authority by the 2.40 Deputy Under Secretary for Farm Pro- Chief Economist duction and Conservation. 2.70 Deputy Chief Economist. 2.41 Chief Operating Officer, Farm Produc- tion and Conservation Business Center. 2.71 Director, Office of Risk Assessment and 2.42 Administrator, . Cost-Benefit Analysis. 2.43 Chief, Natural Resources and Conserva- 2.72 Chairman, World Agricultural Outlook tion Service. Board. 2.44 Administrator, Risk Management 2.73 Director, Office of Energy and Environ- Agency and Manager, Federal Crop In- mental Policy. surance Corporation. 2.74 [Reserved] 2.75 Director, Office of Pest Management Subpart G—Delegations of Authority by the Policy. Under Secretary for Rural Development Subpart M [Reserved] 2.45 Deputy Under Secretary for Rural De- velopment. Subpart N—Delegations of Authority by the 2.46 Chief Operating Officer, Rural Develop- Under Secretary for Marketing and ment Business Center. 2.48 Administrator, Rural Business-Cooper- Regulatory Programs ative Service. 2.77 Deputy Under Secretary for Marketing 2.49 Administrator, Rural Housing Service. and Regulatory Programs. 2.79 Administrator, Agricultural Marketing Subpart H—Delegations of Authority by the Service. Under Secretary for Food Safety 2.80 Administrator, Animal and Plant 2.51 Deputy Under Secretary for Food Safe- Health Inspection Service. ty. 2.81 [Reserved] 2.53 Administrator, Food Safety and Inspec- tion Service. Subpart O—Delegations of Authority by the Assistant Secretary for Congressional Subpart I—Delegations of Authority by the Relations Under Secretary for Food, Nutrition, and Consumer Services 2.83 Deputy Assistant Secretary for Con- gressional Relations. 2.55 Deputy Under Secretary for Food, Nu- 2.85 Director, Office of Intergovernmental trition, and Consumer Services. Affairs.

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Subpart P—Delegations of Authority by the EDITORIAL NOTES: 1. Nomenclature changes Assistant Secretary for Administration to part 2 appear at 83 FR 22178, May 14, 2018. 2. Nomenclature changes to part 2 appear 2.87 Deputy Assistant Secretary for Admin- at 83 FR 61310, Nov. 29, 2018 istration. 2.89 [Reserved] 3. Nomenclature changes to part 2 appear 2.90 Director, Office of Property and Fleet at 85 FR 65504, Oct. 15, 2020. Management. 2.91 Director, Office of Human Resources Subpart A—General Management. 2.93 Director, Office of Contracting and Pro- § 2.1 Establishment of the Department. curement. 2.94 Chief Security Director, Office of Safe- The Department of Agriculture was ty, Security, and Protection. created by the Act of May 15, 1862, and 2.95 Director, Office of Homeland Security. by the Act of February 9, 1889, it was 2.96 Director, Office of Operations. made an executive department in the 2.97 Director, Office of the Executive Secre- Federal Government under the super- tariat. vision and control of the Secretary of Agriculture (7 U.S.C. 2201, 2202, 2204). Subpart Q—Delegations of Authority by the General Counsel § 2.2 Authority of the Secretary to pre- 2.200 Principal Deputy General Counsel. scribe regulations. 2.201 Director, Office of Ethics. The general authority of the Sec- 2.202 Deputy Director, Office of Ethics. retary to prescribe regulations gov- erning the work of the Department is Subpart R—Delegations of Authority by the based on 5 U.S.C. 301 which provides Assistant Secretary for Civil Rights that the head of an Executive depart- 2.300 Deputy Assistant Secretary for Civil ment may prescribe regulations for the Rights. government of his department, the con- duct of its employees, the distribution Subpart S—Delegations of Authority by the and performance of its business, and Chief Information Officer the custody, use and preservation of its records, papers, and property. 2.400 Deputy Chief Information Officer.

Subpart T—Delegations of Authority by the § 2.3 Authority of the Secretary to del- egate authority. Chief Financial Officer (a) The general authority of the Sec- 2.500 Principal Deputy Chief Financial Offi- retary to make delegations of his au- cer. thority is based on: Subpart U—Delegations of Authority by the (1) Section 4(a) of Reorganization Under Secretary for Trade and Foreign Plan No. 2 of 1953 (5 U.S.C. App.), which Agricultural Affairs provides that the Secretary of Agri- culture may from time to time make 2.600 Deputy Under Secretary for Trade and such provisions as he shall deem appro- Foreign Agricultural Affairs. priate authorizing the performance by 2.601 Administrator, Foreign Agricultural any other officer, or by an agency or Service. employee, of the Department of Agri- 2.602 Manager, U.S. Codex Office. culture of any function of the Sec- Subpart V—Delegations of Authority by the retary, including any function trans- Director, Office of Partnerships and ferred to the Secretary by the provi- Public Engagement sions of this reorganization plan; and (2) Section 212(a)(1) of the Depart- 2.700 Director, Office of Advocacy and Out- ment of Agriculture Reorganization reach. Act of 1994, Pub. L. No. 103–354, 7 U.S.C. 2.701 Director, Office of Tribal Relations. 6912(a)(1), which provides that the Sec- AUTHORITY: 7 U.S.C. 6912(a)(1); 5 U.S.C. 301; retary may delegate to any agency, of- Reorganization Plan No. 2 of 1953, 3 CFR fice, officer, or employee of the Depart- 1949–1953 Comp., p. 1024. ment the authority to perform any SOURCE: 60 FR 56393, Nov. 8, 1995, unless function transferred to the Secretary otherwise noted. under 7 U.S.C. 6912(a) or any other

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function vested in the Secretary as of (1) Under Secretary of Agriculture the date of the enactment of the Act. for Farm and Foreign Agricultural (b) [Reserved] Services. (2) Under Secretary of Agriculture § 2.4 General officers. for Food, Nutrition, and Consumer The work of the Department is under Services. the supervision and control of the Sec- (3) Assistant Secretary of Agri- retary who is assisted by the following culture for Administration. general officers: The Deputy Secretary, (4) Under Secretary of Agriculture the Under Secretary for Farm Produc- for Research, Education, and Econom- tion and Conservation; the Under Sec- ics. retary for Food, Nutrition, and Con- (5) Under Secretary of Agriculture sumer Services, the Under Secretary for Food Safety. for Food Safety; the Under Secretary (6) Under Secretary of Agriculture for Marketing and Regulatory Pro- for Natural Resources and Environ- grams; the Under Secretary for Natural ment. Resources and Environment; the Under (7) Under Secretary of Agriculture Secretary for Research, Education, and for Rural Development. Economics; the Under Secretary for (8) Under Secretary of Agriculture Rural Development; the Under Sec- for Marketing and Regulatory Pro- retary for Trade and Foreign Agricul- grams. tural Affairs; the Assistant Secretary (9) General Counsel of the Depart- for Administration; the Assistant Sec- ment of Agriculture. retary for Civil Rights; the Assistant (10) Chief of Staff, Office of the Sec- Secretary for Congressional Relations; retary. the Chief Economist; the Chief Finan- (11) State Executive Directors of the cial Officer; the Chief Information Offi- Farm Service Agency for the States of cer; the General Counsel; the Inspector California, Iowa, and Kansas, in order General; the Judicial Officer; the Di- of seniority fixed by length of unbro- rector, National Appeals Division; the ken service as State Executive Direc- Director, Office of Budget and Program tor of that State. Analysis; the Director, Office of Com- (12) Regional Administrators of the munications; the Director, Office of Food and Nutrition Service for the Partnerships and Public Engagement; Mountain Plains Regional Office (Den- the Director, Office of Tribal Rela- ver, Colorado), Midwest Regional Office tions; and the Director, Office of Small (Chicago, Illinois), and Western Re- and Disadvantaged Business Utiliza- gional Office (San Francisco, Cali- tion. fornia), in order of seniority fixed by [85 FR 65504, Oct. 15, 2020] length of unbroken service as Regional Administrator of that Regional Office. § 2.5 Order in which officers of the De- (13) Chief Financial Officer of the De- partment shall act as Secretary. partment of Agriculture. (a) Pursuant to Executive Order (14) Assistant Secretary of Agri- 13612, ‘‘Providing an Order of Succes- culture (Civil Rights). sion Within the Department of Agri- (15) Assistant Secretary of Agri- culture’’ (77 FR 31153, May 24, 2012), culture (Congressional Relations). during any period in which both the (b) If any two or more individuals Secretary and the Deputy Secretary designated in paragraphs (a)(11) or have died, resigned, or are otherwise (a)(12) of this section were sworn in to, unable to perform the functions and or commenced service in, their respec- duties of the office of Secretary, the tive offices on the same day, prece- following officials designated in para- dence shall be determined by the al- graphs (a)(1) through (a)(15) of this sec- phabetical order of the State in which tion shall act as Secretary, in the order the individual serves. in which they are listed. Each official (c) No individual who is serving in an shall act only in the event of the death, office listed in paragraphs (a)(1) resignation, or inability to perform the through (a)(15) of this section shall, by functions and duties of Secretary of virtue of so serving, act as Secretary the immediately preceding official: pursuant to this section.

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(d) No individual who is serving in an § 2.7 Authority to supervise and direct. office listed in paragraphs (a)(1) through (a)(15) of this section shall act Unless specifically reserved, or other- as Secretary unless that individual is wise delegated (including delegations otherwise eligible to so serve under the of legal functions to the General Coun- Federal Vacancies Reform Act of 1998 sel at § 2.31), the delegations of author- (5 U.S.C. 3345, et seq.). ity to each general officer of the De- (e) Notwithstanding the provisions of partment and each agency head con- this section and Executive Order 13612, tained in this part includes the author- the President retains discretion, to the ity to direct and supervise the employ- extent permitted by law, to depart ees engaged in the conduct of activities from the order of succession in para- under such official’s jurisdiction, and graph (a) of this section in designating the authority to take any action, exe- an acting Secretary. cute any document, authorize any ex- [78 FR 40936, July 9, 2013] penditure, promulgate any rule, regula- tion, order, or instruction required by Subpart B—General Delegations or authorized by law and deemed by of Authority by the Secretary the general officer or agency head to be of Agriculture necessary and proper to the discharge of his or her responsibilities. This au- § 2.6 Designation of first assistants. thority will be exercised subject to ap- plicable administrative directives. Un- (a) Every office within the Depart- ment to which appointment is required less otherwise provided, a general offi- to be made by the President with the cer or agency head may, subject to his advice and consent of the Senate or her continuing responsibility for the (‘‘PAS Office’’) may have a First As- proper discharge of delegations made sistant within the meaning of 5 U.S.C. to him, in this part, delegate and pro- 3345–3349d. vide for the redelegation of his or her (1) Where there is a position of prin- authority to appropriate officers and cipal deputy to the PAS Office, the employees. Subject to the general su- principal deputy shall be the First As- pervision of the Secretary, agency sistant. heads who are delegated authority (2) Where there is only one deputy from a general officer, in this part, re- position to the PAS Office, the official port to and are under the supervision in that position shall be the First As- of that general officer. sistant. (3) Where there is more than one dep- [60 FR 56393, Nov. 8, 1995, as amended at 83 uty position to the PAS Office, and FR 22179, May 14, 2018] this part establishes which deputy is § 2.8 Delegations of authority to agen- delegated the authority to perform all cy heads to order that the United the duties and exercise all the powers States flag be flown at half-staff. of the PAS Office during the absence or unavailability of the PAS official, the Pursuant to section 5 of Proclama- deputy delegated such authority shall tion 3044, 3 CFR, 1954–1958 Comp., p. 4, be the First Assistant. each general officer and agency head is (4) Where neither paragraph (a)(1), delegated authority to order that the (2), nor (3) of this section is applicable United States flag shall be flown at to the PAS Office, except as provided half-staff on buildings and grounds in paragraph (b) of this section, the under his or her jurisdiction or control. Secretary may designate in writing the This authority shall be exercised in ac- First Assistant position. cordance with directives promulgated (b) The Inspector General of the De- by the Director, Office of Operations. partment shall determine any arrange- ments for the temporary performance § 2.9 Additional delegations. of the functions and duties of the In- The authority granted to a general spector General when that office is va- officer may be exercised in the dis- cant. charge of any additional functions [81 FR 45963, July 15, 2016] which the Secretary may assign.

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§ 2.10 Limitations. § 2.15 Deputy Secretary. The delegations made in this part The following delegation of authority shall not be construed to confer upon is made by the Secretary of Agri- any general officer or agency head the culture to the Deputy Secretary: Per- authority of the Secretary to prescribe form all of the duties and exercise all regulations which by law require ap- of the powers and functions which are proval of the President. now or which may hereafter be, vested in the Secretary of Agriculture. This § 2.11 New principles and periodic re- delegation is subject to the limitation views. in § 2.10. In the exercise of authority delegated § 2.16 Under Secretary for Farm Pro- by the Secretary, the application of duction and Conservation. new principles of major importance or (a) The following delegations of au- a departure from principles established thority are made by the Secretary of by the Secretary should be brought to Agriculture to the Under Secretary for the attention of the Secretary. General Farm Production and Conservation: officers are responsible for assuring (1) Related to Farm Service Agency. (i) that periodic reviews are conducted of Formulate policies and administer pro- the activities of the agencies assigned grams authorized by the Agricultural to their direction and supervision, as Adjustment Act of 1938, as amended (7 required by 5 U.S.C. 305. U.S.C. 1282 et seq.). (ii) Formulate policies and admin- § 2.12 Secretary and general officers ister programs authorized by the Agri- not precluded from exercising dele- gated powers. cultural Act of 1949, as amended (7 U.S.C. 1441 et seq.). No delegation of authority by the (iii) Coordinate and prevent duplica- Secretary or a general officer con- tion of aerial photographic work of the tained in this part shall preclude the Department, including: Secretary or general officer from exer- (A) Clearing photography projects; cising any of the authority so dele- (B) Assigning symbols for new aerial gated. photography, maintaining symbol records, and furnishing symbol books; § 2.13 Status of prior delegations. (C) Recording departmental aerial Nothing in this part shall affect the photography flow and coordinating the bylaws of the Commodity Credit Cor- issuance of aerial photography status poration, the Federal Crop Insurance maps of latest coverage; Corporation, or the Rural Telephone (D) Promoting interchange of tech- Bank. All delegations previously made nical information and techniques to de- which are inconsistent with delega- velop lower costs and better quality; tions made in this part are superseded; (E) Representing the Department on however, any regulation, order, author- committees, task forces, work groups, ization, expenditure, or other instru- and other similar groups concerned ment, heretofore issued or made pursu- with aerial photography acquisition ant to any delegation of authority and reproduction, and serving as liai- shall continue in full force and effect son with other governmental agencies unless and until withdrawn or super- on aerial photography but excluding seded pursuant to authority granted in mapping; this part. (F) Providing a Chairperson for the Photography Sales Committee of the Department; Subpart C—Delegations of Author- (G) Coordinating development, prepa- ity to the Deputy Secretary, ration, and issuance of specifications Under Secretaries, and Assist- for aerial photography for the Depart- ant Secretaries ment; (H) Coordinating and performing pro- EDITORIAL NOTE: Nomenclature changes to curement, inspection, and application subpart C of part 2 appear at 60 FR 66713, of specifications for USDA aerial pho- Dec. 26, 1995. tography;

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(I) Providing for liaison with EROS section 4(a) of the Agriculture and Con- Data Center to support USDA pro- sumer Protection Act of 1973, as grams and research with satellite im- amended (7 U.S.C. 612c note), and sec- agery reproductions; and tion 1114 of the Agriculture and Food (J) Maintaining library and files of Act of 1981 (7 U.S.C. 1431e). USDA aerial film and retrieving and (xi) Administer the Organic Certifi- supplying reproductions on request. cation Cost Share Programs authorized (iv) [Reserved] under the Federal Crop Insurance Act (v) Administer the Emergency Con- (7 U.S.C. 1524(b)(4)(C)(ii), and under the servation Program under the Agricul- Farm Security and Rural Investment tural Credit Act of 1978, as amended (16 Act, as amended by the Agricultural U.S.C. 2201 et seq.). Act of 2014 (7 U.S.C. 6523). [Reserved] (vi) Conduct fiscal, accounting and (xii) Administer the Agricultural claims functions relating to Com- Foreign Investment Disclosure Act of modity Credit Corporation (CCC) pro- 1978 (7 U.S.C. 3501 et seq.), except those grams for which the Under Secretary functions delegated in § 2.21(a)(8)(xi). for Farm Production and Conservation (xiii) Administer energy management has been delegated authority. activities as assigned. (vii) Conduct assigned activities (xiv) Conduct producer referenda of under the Strategic and Critical Mate- commodity promotion programs under rials Stockpiling Act, as amended (50 the Beef Research and Information U.S.C. 98 et seq.). Act, as amended (7 U.S.C. 2901 et seq.), (viii) Supervise and direct Farm and the Agricultural Promotion Pro- Service Agency State and county of- grams Act of 1990, as amended (7 U.S.C. fices and delegate functions to be per- 6001 et seq.). formed by Farm Service Agency State (xv) Conduct field operations of di- and county committees. version programs for fresh fruits and (ix) Administer the dairy indemnity vegetables under section 32 of the Act program under the Act of August 13, of August 29, 1935. 1968, as amended (7 U.S.C. 4551 et seq.). (xvi) [Reserved] (x) Administer procurement, proc- (xvii) Collect, summarize, and pub- essing, handling, distribution, disposi- lish data on the production, distribu- tion, transportation, payment, and re- tion, and stocks of sugar. lated services with respect to surplus (xviii) Formulate and carry out the removal and supply operations which Conservation Reserve Program, includ- are carried out under section 210 of the ing the implementation of technical (7 U.S.C. 1859), assistance, under the Food Security the Act of August 19, 1958, as amended Act of 1985, as amended (16 U.S.C. 3831 (7 U.S.C. 1431 note), and section 709 of et seq.), and the functions of the Grass- the Food and Agricultural Act of 1965, land Reserve Program transferred to as amended (7 U.S.C. 1446a–1), except as the Conservation Reserve Program. delegated in paragraph (a)(3) of this (xix) Carry out functions relating to section and to the Under Secretary for highly erodible land and wetland con- Food, Nutrition, and Consumer Serv- servation under sections 1211–1213 and ices in § 2.19, and assist the Under Sec- 1221–1223 of the Food Security Act of retary for Food, Nutrition, and Con- 1985, as amended (16 U.S.C. 3811–3813 sumer Services and the Assistant Sec- and 3821–3823). retary for Marketing and Regulatory (xx)–(xxii) [Reserved] Programs in the procurement, han- (xxiii) Formulate and administer reg- dling, payment, and related services ulations regarding program ineligi- under section 32 of the Act of August bility resulting from convictions under 24, 1935, as amended (7 U.S.C. 612c), the Federal or State law of planting, culti- Act of June 28, 1937, as amended (7 vating, growing, producing, harvesting, U.S.C. 713c), the National School or storing a controlled substance, as Lunch Act, as amended (42 U.S.C. 1751, required under section 1764 of the Food et seq.), section 8 of the Child Nutrition Security Act of 1985 (21 U.S.C. 881a). Act of 1966, as amended (42 U.S.C. 1777), (xxiv) [Reserved] section 311 of the Older Americans Act (xxv) Administer all programs of the of 1965, as amended (42 U.S.C. 3030a), Commodity Credit Corporation that

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provide assistance with respect to the D of title XII of that Act with respect production of agricultural commodities to authorities delegated to the Under or the income of producers, including Secretary for Farm Production and disaster assistance and the domestic Conservation. marketing of such commodities, except (xxxiii) In coordination with the Di- as may otherwise be reserved by the rector, Office of Partnerships and Pub- Secretary of Agriculture, and similar lic Engagement, issue receipts under programs (including commodity qual- section 2501A(e) of the Food, Agri- ity development programs) consigned culture, Conservation, and Trade Act by statute to the Secretary of Agri- of 1990 (7 U.S.C. 2279–1(e)). culture unless otherwise delegated. (xxxiv) Administer the following pro- (xxvi) Administer the following pro- visions of the Food, Conservation, and visions of the Farm Security and Rural Energy Act of 2008, Public Law 110–246: Investment Act of 2002 with respect to (A) [Reserved] functions otherwise delegated to the (B) Section 1609 relating to the track- Under Secretary for Farm Production ing of benefits. and Conservation: (C)–(D) [Reserved] (A) The equitable relief provisions of (E) Section 1621 relating to direct re- section 1613 (7 U.S.C. 7996). imbursement payments to geographi- (B) The tracking of benefits under cally disadvantaged farmers or ranch- section 1614 (7 U.S.C. 7997). ers. (xxvii) Formulate and carry out the (F)–(G) [Reserved] Grassroots Source Water Protection (H) Section 14212 relating to the clo- Program authorized by the Food Secu- sure or relocation of county or field of- rity Act of 1985, as amended (16 U.S.C. fices of the Farm Service Agency. 3839bb–2). (I) Section 15353(a) relating to infor- (xxviii) Administer cooperative mation reporting for Commodity Cred- agreements authorized under 7 U.S.C. it Corporation transactions. 2204b(b)(4) as follows: (xxxv) Implement the information (A) Administer cooperative agree- disclosure authorities of section ments with respect to conservation 1619(b)(3)(A) of the Food, Conservation, programs; and Energy Act of 2008 (7 U.S.C. (B) Administer cooperative agree- 8791(b)(3)(A)). ments, of less than $100,000, with non- (xxxvi) Administer the following pro- governmental organizations or edu- visions of the , cational institutions related to out- Public Law 113–79, as amended: reach and technical assistance for pro- (A) Sections 1401–1410 relating to a grams carried out by the Farm Service margin protection program for dairy Agency, and, where such cooperative producers (7 U.S.C. 9051–9060), and sec- agreements focus on outreach activi- tion 1431 relating to a dairy product do- ties to beginning, underserved, or vet- nation program (7 U.S.C. 9071). eran producers, coordinate with the Di- (B) Section 1612 relating to the track- rector, Office of Partnerships and Pub- ing of benefits (7 U.S.C. 9095). lic Engagement to reduce potential du- (C) Section 12314 relating to the Pima plication. Agriculture Cotton Trust Fund (7 (xxix) Administer the feedstock flexi- U.S.C. 2101 note). bility program for bioenergy producers (D) Section 12315 relating to the Agri- under section 9010 of the Farm Secu- culture Wool Apparel Manufacturers rity and Rural Investment Act of 2002 Trust Fund (7 U.S.C. 7101 note). (7 U.S.C. 8110) and the biomass crop as- (xxxvii) Administer the funds made sistance program under section 9011 of available to the Office of the Secretary that Act (7 U.S.C. 8111). under Title I of Subdivision B, Further (xxx–(xxxi) [Reserved] Supplemental Appropriations for Dis- (xxxii) Implement the authority in aster Relief Requirements Act, 2018, section 1241 of the Food Security Act of Public Law 115–123. 1985 (16 U.S.C. 3841) to accept and use (xxxviii) Determine the agricultural voluntary contributions of non–Federal commodities acquired under price sup- funds in support of natural resources port programs which are available for conservation programs under subtitle export.

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(xxxix) Administer the following pro- ness-Cooperative Service, and Rural visions of the Agriculture Improve- Housing Service activities. ment Act of 2018, Public Law 116–334: (L) Section 375 (7 U.S.C. 2008j), relat- (A) Section 5413 relating to reporting ing to the National Sheep Industry Im- on farm loans (7 U.S.C. 2008x). provement Center. (B) Section 12304 relating to the Na- (M) Sections 379 (7 U.S.C. 2008n) tional Beginning Farmer and Rancher through 379G (7 U.S.C. 2008u) and sub- Coordinator (7 U.S.C. 6934a). titles E through I (7 U.S.C. 2009–2009dd– (C) Section 12612 relating to a na- 7) relating to rural development pro- tional agriculture imagery program (7 grams and activities. U.S.C. 2204j). (ii) Collect, service, and liquidate (D) Section 12615 relating to the eligi- loans made or insured by the Farm bility for farm operators on heirs’ prop- Service Agency, or its predecessor erty to obtain a farm loan number (7 agencies. U.S.C. 2266b). (iii) Administer the Rural Rehabili- (2) Related to farm credit. (i) Admin- tation Corporation Trust Liquidation ister the Consolidated Farm and Rural Act (40 U.S.C. 440 et seq.), and trust, liq- Development Act (7 U.S.C. 1921 et seq.), uidation, and other agreements entered except for the authority contained in into pursuant thereto. the following sections: (iv) [Reserved] (A) [Reserved] (v) Administer Farmers Home Ad- ministration or any successor agency (B) Section 306 (7 U.S.C. 1926), relat- assets conveyed in trust under the Par- ing to all programs in that section; ticipation Sales Act of 1966 (12 U.S.C. (C) Section 306A (7 U.S.C. 1926a) and 1717). section 306B (7 U.S.C. 1926b), relating to (vi) Administer the Emergency Loan the emergency community water as- and Guarantee Programs under sec- sistance grant programs, and section tions 232, 234, 237, and 253 of the Dis- 306D (7 U.S.C. 1926d), relating to water aster Relief Act of 1970 (Pub. L. No. 91– systems for rural Alaskan Native Vil- 606), the Disaster Relief Act of 1969 lages; (Pub. L. No. 91–79), Pub. L. No. 92–385, (D) Section 306C (7 U.S.C. 1926c) to approved August 16, 1972, and the administer the water and waste facility Emergency Livestock Credit Act of loans and grants to alleviate health 1974 (Pub. L. No. 93–357), as amended. risks; (vii) Administer loans to homestead (E) Sections 309 (7 U.S.C. 1929) and or desertland entrymen and purchasers 309A (7 U.S.C. 1929a), regarding assets of land in reclamation projects or to an and programs related to rural develop- entryman under the desertland law (7 ment; U.S.C. 1006a and 1006b). (F) Section 310A (7 U.S.C. 1931), relat- (viii) [Reserved] ing to watershed and resource con- (ix) Service, collect, settle, and liq- servation and development loans; uidate: (G) Section 310B (7 U.S.C. 1932), re- (A) Deferred land purchase obliga- garding various Rural Development tions of individuals under the Wheeler- programs; Case Act of August 11, 1939, as amended (H) Section 310C (7 U.S.C. 1933), relat- (16 U.S.C. 590y), and under the item, ing to housing program interest rates; ‘‘Water Conservation and Utilization (I) Section 310G (7 U.S.C. 1936a), re- projects’’ in the Department of the In- lating to the use of rural development terior Appropriation Act, 1940 (53 Stat. loans and grants for other purposes, 719), as amended; and section 353A (7 U.S.C. 2001a), relat- (B) Puerto Rican Hurricane Relief ing to the servicing of community fa- loans under the Act of July 11, 1956 (70 cilities loans; Stat. 525); and (J) Section 364 (7 U.S.C. 2006f) and (C) Loans made in conformance with section 365 (7 U.S.C. 2008); section 4 of the Southeast Hurricane (K) Administrative provisions of sub- Disaster Relief Act of 1965 (79 Stat. title D of the Consolidated Farm and 1301). Rural Development Act related to (x) Administer loans to Indian tribes, , Rural Busi- tribal corporations, and purchasers of

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highly fractionated land (25 U.S.C. 488– ship in the conservation, development 492). and productive use of the Nation’s soil, (xi) Administer the State Agricul- water, and related resources. Such tural Loan Mediation Program under leadership encompasses soil, water, title 5 of the Agricultural Credit Act of plant, and wildlife conservation; small 1987 (7 U.S.C. 5101 et seq.) watershed protection and flood preven- (xii) Administer financial assistance tion; and resource conservation and de- programs relating to Economic Oppor- velopment. Integrated in these pro- tunity Loans to Cooperatives under grams are erosion control, sediment re- part A of title III and part D of title I duction, pollution abatement, land use and the necessarily related functions in planning, multiple use, improvement of title VI of the Economic Opportunity water quality, and several surveying Act of 1964, as amended (42 U.S.C. 2763– and monitoring activities related to 2768, 2841–2855, 2942, 2943(b), 2961), dele- environmental improvement. All are gated by the Director of the Office of designed to assure: Economic Opportunity to the Sec- (A) Quality in the natural resource retary of Agriculture by documents base for sustained use; dated October 23, 1964 (29 FR 14764), and (B) Quality in the environment to June 17, 1968 (33 FR 9850), respectively. provide attractive, convenient, and sat- (xiii) Exercise all authority and dis- isfying places to live, work, and play; cretion vested in the Secretary by sec- and tion 331(c) of the Consolidated Farm (C) Quality in the standard of living and Rural Development Act, as amend- based on community improvement and ed by section 2 of the Farmers Home adequate income. Administration Improvement Act of 1994, Pub. L. 103–248 (7 U.S.C. 1981(c)), (ii) Provide national leadership in including the following: and evaluate and coordinate land use (A) Determine, with the concurrence policy, and administer the Farmland of the General Counsel, which actions Protection Policy Act (7 U.S.C. 4201 et are to be referred to the Department of seq.), including the Farms for the Fu- Justice for the conduct of litigation, ture Program authorized by sections and refer such actions to the Depart- 1465–1470 of the Food, Agriculture, Con- ment of Justice through the General servation, and Trade Act of 1990, as Counsel; amended (7 U.S.C. 4201 note), except as (B) Determine, with the concurrence otherwise delegated to the Under Sec- of the General Counsel, which actions retary for Research, Education, and are to be referred to the General Coun- Economics in § 2.21(a)(1)(lxii). sel, for the conduct of litigation and (iii) Administer the basic program of refer such actions; and soil and water conservation under Pub- (C) Enter into contracts with private lic Law 74–46, and related laws (16 sector attorneys for the conduct of liti- U.S.C. 590a–f, q, q–1; 42 U.S.C. 3271–3274; gation, with the concurrence of the 7 U.S.C. 2201), including: General Counsel, after determining (A) Technical and financial assist- that the attorneys will provide com- ance to land users in carrying out lo- petent and cost effective representa- cally adapted soil and water conserva- tion for the Farm Service Agency. tion programs primarily through soil (xiv) Administer programs for Apple and water conservation districts in the Loans and Emergency Loans for Seed several States, the District of Colum- Producers under sections 203(f) and 253, bia, the Commonwealth of Puerto Rico, respectively, of the Agricultural Risk and the Commonwealth of the North- Protection Act of 2000 (7 U.S.C. 1421 ern Mariana Islands, American Samoa, note, Pub. L. 106–224). Guam, the Virgin Islands, and Feder- (xv) Administer evaluations of direct ally recognized Native American and guaranteed loan programs under tribes, but also to communities, water- section 5301 of the Farm security and shed groups, Federal and State agen- Rural Investment Act of 2002 (7 U.S.C. cies, and other cooperators. This au- 1922 note). thority includes such assistance as: (3) Related to natural resources con- (1) Comprehensive planning assist- servation. (i) Provide national leader- ance in nonmetropolitan districts;

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(2) Assistance in the field of income- (A) The eleven authorized watershed producing recreation on rural non-Fed- projects authorized under the Flood eral lands; Control Act of 1944 (Pub. L. 78–534); (3) Forestry assistance, as part of (B) The emergency flood control total technical assistance to private work under 33 U.S.C. 701b–1; land owners and land users when such (C) The Cooperative River Basin Sur- services are an integral part of land veys and Investigations Programs management and such services are not under 16 U.S.C. 1006; available from a State agency; and for- (D) The pilot watershed projects estry services in connection with under 16 U.S.C. 590 a–f and 16 U.S.C. windbreaks and shelter belts to prevent 1001–1009; wind and water erosion of lands; (E) The Watershed Protection and (4) Assistance in developing programs Flood Prevention Program under 16 relating to natural beauty; and U.S.C. 1001–1010, including rehabilita- (5) Assistance to other USDA agen- tion of water resource structural meas- cies in connection with the administra- ures constructed under certain Depart- tion of their programs, as follows: ment of Agriculture programs under 16 (i) To the Farm Service Agency in U.S.C. 1012, except for responsibilities the development and technical serv- assigned to the Under Secretary for icing of certain programs, such as the Rural Development. Agricultural Conservation Program (F) The joint investigations and sur- and other such similar conservation veys with the Department of the Army programs; under 16 U.S.C. 1009; and (ii) To the Rural Housing Service in (G) The Emergency Conservation connection with their loan and land Program and the Emergency Water- disposition programs; shed Protection Program under sec- (B) Soil Surveys, including: tions 401–405 of the Agricultural Credit (1) Providing leadership for the Fed- Act of 1978, 16 U.S.C. 2201–2205. eral part of the National Cooperative (v) Administer the Abandoned Mine Soil Survey which includes conducting Reclamation Program for Rural Lands and publishing soil surveys; and other responsibilities assigned (2) Conducting soil surveys for re- under the Surface Mining Control and source planning and development; and Reclamation Act of 1977 (30 U.S.C. 1201 (3) Performing the cartographic serv- et seq.), except those responsibilities ices essential to carrying out the func- assigned to the Under Secretary for tions of the Natural Resources Con- Natural Resources and Environment. servation Service, including furnishing (vi) Administer the Resource Con- photographs, mosaics, and maps; servation and Development Program (C) Conducting and coordinating under 16 U.S.C. 590 a–f; 7 U.S.C. 1010– snow surveys and making water supply 1011; and 16 U.S.C. 3451–3461, except for forecasts pursuant to Reorganization responsibilities assigned to the Under Plan No. IV of 1940 (5 U.S.C. App.); Secretary for Rural Development. (D) Operating plant materials centers (vii) Responsibility for entering into for the assembly and testing of plant long-term contracts for carrying out species in conservation programs, in- conservation and environmental meas- cluding the use, administration, and ures in watershed areas. disposition of lands under the adminis- (viii) Provide national leadership for tration of the Natural Resources Con- and administer the Soil and Water Re- servation Service for such purposes sources Conservation Act of 1977 (16 under title III of the Bankhead–Jones U.S.C. 2001 et seq.). Farm Tenant Act (7 U.S.C. 1010–1011); (ix) Administer the Rural Clean and Water Program and other responsibil- (E) Providing leadership in the ities assigned under section 35 of the inventorying and monitoring of soil, Clean Water Act of 1977 (33 U.S.C. 1251 water, land, and related resources of et seq.). the Nation. (x) Monitor actions and progress of (iv) Administer the Watershed Pro- USDA in complying with Executive tection and Flood Prevention Pro- Order 11988, Flood Plain Management, 3 grams, including: CFR, 1977 Comp., p. 117, and Executive

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Order 11990, Protection of Wetlands, 3 (C) The Wetlands Reserve Program CFR, 1977 Comp., p. 121, regarding man- and the Emergency Wetlands Reserve agement of floodplains and protection Program authorized by sections 1237– of wetlands; monitor USDA efforts on 1237F of the Act (16 U.S.C. 3837–3837f) protection of important agricultural, prior to February 7, 2014, the transition forest and rangelands; and provide staff authority under section 2703 of the Ag- assistance to the USDA Natural Re- ricultural Act of 2014, and the Emer- sources and Environment Committee. gency Supplemental Appropriations for (xi) Administer the search and rescue Relief from the Major, Widespread operations authorized under 7 U.S.C. Flooding in the Midwest Act (Pub. L. 2273. 103–75). (xii) Administer section 202(c) of the (D) The Conservation Security Pro- Colorado River Basin Salinity Control gram authorized by sections 1238–1238C Act, 43 U.S.C. 1592(c), including: of the Act (16 U.S.C. 3838–3838c) and the (A) Identify salt source areas and de- Conservation Stewardship Program au- termine the salt load resulting from ir- thorized by sections 1240I–1240L–1 (16 rigation and watershed management U.S.C. 3839aa–21—3839aa–25). practices; (E) The Farmland Protection Pro- (B) Conduct salinity control studies gram authorized by sections 1238H– of irrigated salt source areas; 1238I of the Act (16 U.S.C. 3838h–3838i) (C) Provide technical and financial prior to February 7, 2014, and the tran- assistance in the implementation of sa- sition authority under section 2704 of linity control projects including the the Agricultural Act of 2014. development of salinity control plans, (F) The Farm Viability Program au- technical services for application, and thorized by section 1238J of the Act (16 certification of practice applications; U.S.C. 3838j) prior to February 7, 2014, (D) Develop plans for implementing and the transition authority under sec- measures that will reduce the salt load tion 2704 of the Agricultural Act of of the Colorado River; 2014. (E) Develop and implement long-term (G) The Environmental Quality In- monitoring and evaluation plans to centives Program authorized by sec- measure and report progress and ac- tions 1240–1240H of the Act (16 U.S.C. complishments in achieving program 3839aa–3839aa–8), the Agricultural objectives; and Water Enhancement Program author- (F) Enter into and administer con- ized by section 1240H of the Act (16 tracts with program participants and U.S.C. 3839aa–9) prior to February 7, waive cost-sharing requirements when 2014, and section 2706 of the Agricul- such cost-sharing requirements would tural Act of 2014. result in a failure to proceed with need- (H) The conservation of private graz- ed on-farm measures. ing lands authorized by section 1240M (xiii) Except as otherwise delegated, of the Act (16 U.S.C. 3839bb). administer natural resources conserva- (I) The Wildlife Habitat Incentives tion authorities, including authorities Program authorized by section 1240N of related to programs of the Commodity the Act (16 U.S.C. 3839bb–1) prior to Credit Corporation that provide assist- February 7, 2014 and Section 2707 of the ance with respect to natural resources Agricultural Act of 2014. conservation, under Title XII of the (J) The program for soil erosion and Food Security Act of 1985 (the Act), as sedimentation control in the Great amended (16 U.S.C. 3801 et seq.), includ- Lakes basin authorized by section ing the following: 1240P of the Act (16 U.S.C. 3839bb–3) (A) Technical assistance related to prior to February 7, 2014, and section the conservation of highly erodible 2708 of the Agricultural Act of 2014. lands and wetlands pursuant to sec- (K) The Chesapeake Bay Watershed tions 1211–1224 of the Act (16 U.S.C. Program authorized by section 1240Q of 3811–3824). the Act (16 U.S.C. 3839bb–4) prior to (B) Technical assistance related to February 7, 2014, and section 2709 of the the Conservation Reserve Program au- Agricultural Act of 2014. thorized by sections 1231–1235 of the (L) The delivery of technical assist- Act (16 U.S.C. 3831–3835). ance under section 1242 of the Act (16

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U.S.C. 3842), including the approval of 1962, and on river basin interagency persons or entities outside of USDA to committees. provide technical services. (xvii) Administer the Water Bank (M) The authority for partnerships Program under the Water Bank Act (16 and cooperation provided by section U.S.C. 1301 et seq.). 1243 of the Act (16 U.S.C. 3843) prior to (xviii) Enter into cooperative agree- February 7, 2014, and section 2710 of the ments, which may provide for the ac- Agricultural Act of 2014. quisition of goods or services, including (N) The incentives for certain farm- personal services, as authorized by ers and ranchers and Indian tribes and Public Law 106–387 (7 U.S.C. 6962a). the protection of certain proprietary (xix) Coordinate USDA input and as- information related to natural re- sistance to the Department of Com- sources conservation programs as pro- merce and other Federal agencies con- vided by section 1244 of the Act (16 sistent with section 307 of the Coastal U.S.C. 3844). Zone Management Act of 1972 (16 U.S.C. (O) The Agriculture Conservation Ex- 1456), and coordinate USDA review of perienced Services Program authorized qualifying state and local government by section 1252 of the Act (16 U.S.C. coastal management plans or programs 3851). prepared under such Act and submitted (P) The authority under sections to the Secretary of Commerce, con- 1261–1262 of the Act (16 U.S.C. 3861–3862) sistent with section 306(a) and (c) of to establish and utilize State Technical such Act (16 U.S.C. 1455(a) and (c)). Committees. (xx) Administer the Healthy Forests (Q) The Grassland Reserve Program Reserve Program authorized by sec- under sections 1238N–1238Q of the Act tions 501–508, Title V of the Healthy (16 U.S.C. 3838n–3838q) prior to Feb- Forests Restoration Act of 2003 (16 ruary 7, 2014, and section 2705 of the U.S.C. 6571–6578). Agricultural Act of 2014. (xxi) Implement the information dis- (R) The authority in section 1241 of closure authorities of section the Act (16 U.S.C. 3841) to accept and 1619(b)(3)(A) of the Food, Conservation, use voluntary contributions of non- and Energy Act of 2008 (7 U.S.C. Federal funds in support of natural re- sources conservation programs under 8791(b)(3)(A)). subtitle D of title XII of the Act with (xxii) In coordination with the Direc- respect to authorities delegated to the tor, Office of Advocacy and Outreach, Under Secretary for Farm Production issue receipts under section 2501A(e) of and Conservation. the Food, Agriculture, Conservation, (S) The Agricultural Conservation and Trade Act of 1990 (7 U.S.C. 2279– Easement Program authorized by sec- 1(e)). tions 1265–1265D of the Act (16 U.S.C. (xxiii) Authorize employees of the 3865–3865d). Natural Resources Conservation Serv- (T) The Regional Conservation Part- ice to carry and use firearms for per- nership Program authorized by sec- sonal protection while conducting field tions 1271–1271F of the Act (16 U.S.C. work in remote locations in the per- 3871–3871f). formance of their official duties (7 (U) The Voluntary Public Access and U.S.C. 2274a). Habitat Incentive Program authorized (xxiv) Conduct activities that assist by section 1240R of the Act (16 U.S.C. the Chief Economist in developing 3839bb–5). guidelines regarding the development (V) A wetlands mitigation banking of environmental services markets. program authorized by section 1222(k) (xxv) Administer the Terminal Lakes of the Act (16 U.S.C. 3822(k)). assistance program authorized by sec- (xiv) Approve and transmit to the tion 2507 of the Farm Security and Congress comprehensive river basin re- Rural Investment Act of 2002 (16 U.S.C. ports. 3839bb–6). (xv) Provide representation on the (xxvi) Administer the state and pri- Water Resources Council and river vate forest landscape-scale restoration basin commissions created by 42 U.S.C. program (16 U.S.C. 2109a).

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(xxvii) Administer the following pro- with implementing section 10016 of the visions of the Agriculture Improve- Agricultural Act of 2014 regarding lo- ment Act of 2018 (Pub. L. 116–334): cally or regionally produced agricul- (A) Section 1704 (7 U.S.C. 1308–3a), au- tural food products (7 U.S.C. 2204h). thorizing waivers of the adjusted gross (ix) Administer the Federal Crop In- income limitation. surance Act (7 U.S.C. 1501, et seq.), ex- (B) In consultation with the Director cept for sections 524(a)(1)(B), (a)(3), and of the U.S. Fish and Wildlife Service, (b) (7 U.S.C. 1524(a)(1)(B), (a)(3), (b)) and Section 2707 (16 U.S.C. 1531 note), relat- 531 (7 U.S.C. 1531). ing to wildlife management. (x) Coordinate between agencies of (C) In coordination with the Under the Department on the type and format Secretary for Marketing and Regu- of data received under the noninsured latory Programs, Section 2408 (7 U.S.C. crop disaster assistance program as au- 8351 note), relating to the Feral Swine thorized by Sec. 196 of the Federal Ag- Eradication and Control Pilot Pro- riculture Improvement and Reform Act gram. of 1996, (Pub. L. 104–127, as amended) (7 (D) Section 8628, relating to the pur- U.S.C. 7333). chase of Natural Resources Conserva- (5) Related to committee management. tion Service property in Riverside Establish and reestablish regional, County, California. state, and local advisory committees (E) Section 12302, relating to the Of- for activities under his or her author- fice of Urban Agriculture and Innova- ity. This authority may not be redele- tive Production. gated. (4) Related to risk management. (i) Ex- ercise general supervision of the Fed- (6) Related to defense and emergency eral Crop Insurance Corporation. preparedness. (i) Administer respon- (ii) Appoint such officers and employ- sibilities and functions assigned under ees as may be necessary for the trans- the Defense Production Act of 1950 (50 action of the business of the Federal U.S.C. App. 2061 et seq.), and title VI of Crop Insurance Corporation and the the Robert T. Stafford Disaster Relief . and Emergency Assistance Act (42 (iii) Conduct pilot programs involv- U.S.C. 5195 et seq.), concerning agricul- ing revenue insurance, risk manage- tural production; food processing, stor- ment savings accounts, or the use of age, and distribution; distribution of futures markets to manage risk and farm equipment and fertilizer; rehabili- support farm income. tation and use of food, agricultural, (iv) Provide education in manage- and related agribusiness facilities; CCC ment of the financial risks inherent in resources; and farm credit and finan- the production and marketing of agri- cial assistance. cultural commodities. (ii) Administer functions delegated (v) Conduct a study and issue a re- by the President to the Secretary port on the efficacy and accuracy of under Executive Order 13603, ‘‘National the application of pack factors regard- Defense Resources Preparedness’’ (3 ing the measurement of farm-stored CFR, 2012 Comp., p. 225), and Executive production for purposes of providing Order 12742, ‘‘National Security Indus- policies or plans of insurance under the trial Responsiveness’’ (3 CFR, 1991 Federal Crop Insurance Act (7 U.S.C. Comp., p. 309), including administra- 1501 et seq.). tion of an Agriculture Priorities and (vi) Carry out functions relating to Allocations System. highly erodible land and wetland con- (7) Related to environmental response. servation under sections 1211–1213 and With respect to land and facilities 1221–1223 of the Food Security Act of under his or her authority, exercise the 1985, as amended (16 U.S.C. 3811–3813 functions delegated to the Secretary by and 3821–3823). Executive Order 12580, 3 CFR, 1987 (vii) Prepare cropland reports as re- Comp., p. 193, under the following pro- quired by section 11014(c) of the Agri- visions of the Comprehensive Environ- cultural Act of 2013, Public Law 113–79. mental Response, Compensation, and (viii) Assist the Under Secretary for Liability Act of 1980 (‘‘the Act’’), as Research, Education, and Economics amended:

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(i) Sections 104 (a), (b), and (c)(4) of to public participation in the prepara- the Act (42 U.S.C. 9604 (a), (b), and tion of any plan for remedial action (c)(4)), with respect to removal and re- and explanation of variances from the medial actions in the event of release final remedial action plan for any re- or threatened release of a hazardous medial action or enforcement action, substance, pollutant, or contaminant including any settlement or consent into the environment; decree entered into; (ii) Sections 104(e)–(h) of the Act (42 (xii) Section 119 of the Act (42 U.S.C. U.S.C. 9604(e)–(h)), with respect to in- 9119), with respect to indemnifying re- formation gathering and access re- sponse action contractors; quests and orders; compliance with (xiii) Section 121 of the Act (42 U.S.C. Federal health and safety standards 9621), with respect to cleanup stand- and wage and labor standards applica- ards; and ble to covered work; and emergency (xiv) Section 122 of the Act (42 U.S.C. procurement powers; 9622), with respect to settlements, but (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 reduction of exposure to significant (8) Related to compliance with environ- risk to human health; mental laws. With respect to facilities (iv) Section 104(j) of the Act (42 and activities under his or her author- U.S.C. 9604(j)), with respect to the ac- ity, to exercise the authority of the quisition of real property and interests Secretary of Agriculture pursuant to in real property required to conduct a section 1–102 related to compliance remedial action; with applicable pollution control (v) The first two sentences of section standards and section 1–601 of Execu- 105(d) of the Act (42 U.S.C. 9605(d)), tive Order 12088, 3 CFR, 1978 Comp., p. with respect to petition for prelimi- 243, to enter into an inter-agency nary assessment of a release or threat- agreement with the United States En- ened release; vironmental Protection Agency, or an (vi) Section 105(f) of the Act (42 administrative consent order or a con- U.S.C. 9605(f)), with respect to consider- sent judgment in an appropriate State, ation of the availability of qualified interstate, or local agency, containing minority firms in awarding contracts, a plan and schedule to achieve and but excluding that portion of section maintain compliance with applicable 105(f) pertaining to the annual report pollution control standards established to Congress; pursuant to the following: (vii) Section 109 of the Act (42 U.S.C. (i) Solid Waste Disposal Act, as 9609), with respect to the assessment of amended by the Resource Conservation civil penalties for violations of section and Recovery Act, as further amended 122 of the Act (42 U.S.C. 9622), and the by the Hazardous and Solid Waste granting of awards to individuals pro- Amendments, and the Federal Facility viding information; Compliance Act (42 U.S.C. 6901 et seq.); (viii) Section 111(f) of the Act (42 (ii) Federal Water Pollution Preven- U.S.C. 9611(f)), with respect to the des- tion and Control Act, as amended (33 ignation of officials who may obligate U.S.C. 1251 et seq.); money in the Hazardous Substances (iii) Safe Drinking Water Act, as Superfund; amended (42 U.S.C. 300f et seq.); (ix) Section 113(k) of the Act (42 (iv) Clean Air Act, as amended (42 U.S.C. 9613(k)), with respect to estab- lishing an administrative record upon U.S.C. 7401 et seq.); which to base the selection of a re- (v) Noise Control Act of 1972, as sponse action and identifying and noti- amended (42 U.S.C. 4901 et seq.); fying potentially responsible parties; (vi) Toxic Substances Control Act, as (x) Section 116(a) of the Act (42 U.S.C. amended (15 U.S.C. 2601 et seq.); 9616(a)), with respect to preliminary as- (vii) Federal Insecticide, Fungicide, sessment and site inspection of facili- and Rodenticide Act, as amended (7 ties; U.S.C. 136 et seq.); and (xi) Sections 117(a) and (c) of the Act (viii) Comprehensive Environmental (42 U.S.C. 9617(a) and (c)), with respect Response, Compensation, and Liability

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Act of 1980, as amended by the Super- (2) Related to natural resources con- fund Amendments and Reauthorization servation. Designation of new project Act of 1986 (42 U.S.C. 9601 et seq.). areas in which the resource conserva- (9) Related to hazardous materials man- tion and development program assist- agement. (i) Serve on the USDA Haz- ance will be provided. ardous Materials Policy Council. (3) Related to risk management. (i) Ap- (ii) Recommend actions and policies pointment of those members of the that enable USDA agencies under his Board of Directors of the Federal Crop or her authority to comply with the in- Insurance Corporation who are not al- tent, purposes, and standards of envi- ready otherwise employed by the De- ronmental laws for pollution preven- partment of Agriculture, and as au- tion, control, and abatement. thorized in 7 U.S.C. 1505(a) designating (iii) Consult with the United States an Under Secretary of Agriculture to Environmental Protection Agency and be a member of the Board in addition other appropriate Federal agencies in to the Under Secretary responsible for developing pollution prevention, con- the Federal crop insurance program trol, and abatement policies and pro- who is a Board member pursuant to 7 grams relating to agencies under his or U.S.C. 1505(a). her authority. (ii) Appointment of the Adminis- (iv) Recommend actions and policies trator of the Risk Management Agency of the loan and grant programs under who also shall serve as the Manager of his or her authority concerning compli- the Federal Crop Insurance Corpora- ance with the Asset Conservation, tion. Lender Liability, and Deposit Insur- (4) Approval of prize competitions ance Protection Act of 1996, Subtitle E that may result in the award of more of Public Law No. 104–208. than $1,000,000 in cash prizes under sec- (10) Carry out prize competition au- tion 24(m)(4)(B) of the Stevenson- thorities in section 24 of the Steven- Wydler Technology Innovation Act of son–Wydler Technology Innovation Act 1980 (15 U.S.C. 3719(m)(4)(B)). of 1980 (15 U.S.C. 3719) related to func- [60 FR 56393, Nov. 8, 1995, as amended at 61 tions otherwise delegated to the Under FR 25775, May 23, 1996; 61 FR 37552, July 18, Secretary for Farm Production and 1996; 62 FR 1031, Jan. 8, 1997; 62 FR 19900, Apr. Conservation, except for authorities 24, 1997; 62 FR 40253, July 28, 1997; 65 FR 12427, delegated to the Chief Financial Officer Mar. 9, 2000; 68 FR 27435, May 20, 2003; 71 FR in § 2.28(a)(29) and authorities reserved 35491, June 21, 2006; 71 FR 51421, Aug. 30, 2006; to the Secretary in paragraph (b)(4) of 74 FR 3401, Jan. 21, 2009; 75 FR 43368, July 23, 2010; 78 FR 40937, July 9, 2013; 79 FR 44106, this section. July 30, 2014; 80 FR 58336, Sept. 29, 2015; 83 FR (11) Administer a Century Farms 22179, May 14, 2018; 83 FR 61311, Nov. 29. 2018; Program as authorized by section 12508 85 FR 65504, Oct. 15, 2020] of the Agriculture Improvement Act of 2018 (7 U.S.C. 2266a). § 2.17 Under Secretary for Rural De- (b) The following authorities are re- velopment. served to the Secretary of Agriculture: (a) The following delegations of au- (1) Related to farm service. (i) Appoint- thority are made by the Secretary of ment of Farm Service Agency State Agriculture to the Under Secretary for committeemen. Rural Development: (ii) Final approval of regulations re- (1) Provide leadership and coordina- lating to the selection and exercise of tion within the executive branch of a the functions of committees promul- Nationwide Rural Development Pro- gated under section 8(b) of the Soil gram utilizing the services of executive Conservation and Domestic Allotment branch departments and agencies and Act, as amended (16 U.S.C. 590h(b)). the agencies, bureaus, offices, and serv- (iii) Final approval of allocations or- ices of the Department of Agriculture ders issued by the Department pursu- in coordination with rural development ant to authorities delegated by the programs of State and local govern- President to the Secretary under Exec- ments (7 U.S.C. 2204). utive Order 13603, ‘‘National Defense (2) Coordinate activities relative to Resources Preparedness’’ (3 CFR, 2012 rural development among agencies re- Comp., p. 225). porting to the Under Secretary for

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Rural Development and, through ap- state, and local advisory committees propriate channels, serve as the coordi- for activities under his or her author- nating official for other departmental ity. This authority may not be re-dele- agencies having primary responsibil- gated. ities for specific titles of the Rural De- (14) Related to defense and emergency velopment Act of 1972, and allied legis- preparedness. Administer responsibil- lation. ities and functions assigned under the (3) Administer a national program of Defense Production Act of 1950, as economic, social, and environmental amended (50 U.S.C. App. 2061 et seq.), research and analysis, statistical pro- and title VI of the Robert T. Stafford grams, and associated service work re- Disaster Relief and Emergency Assist- lated to rural people and the commu- ance Act (42 U.S.C. 5195 et seq.), con- nities in which they live including cerning rural development credit and rural industrialization; rural popu- financial assistance. lation and manpower; local govern- (15) Related to energy. (i) Provide De- ment finance; income development partment-wide operational support and strategies; housing; social services and coordination for loan and grant pro- utilization; adjustments to changing grams to foster and encourage the pro- economic and technical forces; and duction of fuels from agricultural and other related matters. forestry products or by-products. (4) Work with Federal agencies in en- (ii) Participate as a Department rep- couraging the creation of rural commu- resentative at conferences, meetings nity development organizations. and other contacts including liaison (5) Assist other Federal agencies in with the Department of Energy and making rural community development other government agencies and depart- organizations aware of the Federal pro- ments with respect to implementation grams available to them. of established Department energy pol- (6) Advise rural community develop- icy. ment organizations of the availability (iii) Serve as Co-Chairperson of the of Federal assistance programs. Energy Coordinating Committee of the (7) Advise other Federal agencies of Department. the need for particular Federal pro- (16) Collect, service, and liquidate grams. loans made, insured, or guaranteed by (8) Assist rural community develop- the Rural Utilities Service, the Rural ment organizations in making contact Housing Service, the Rural Business- with Federal agencies whose assistance Cooperative Service, or their prede- may be of benefit to them. cessor agencies. (9) Assist other Federal agencies and (17) [Reserved] national organizations in developing (18) With respect to land and facili- means for extending their services ef- ties under his or her authority, exer- fectively to rural areas. cise the functions delegated to the Sec- (10) Assist other Federal agencies in retary by Executive Order 12580, 3 CFR, designating pilot projects in rural 1987 Comp., p. 193, under the following areas. provisions of the Comprehensive Envi- (11) Conduct studies to determine ronmental Response, Compensation, how programs of the Department can and Liability Act of 1980 (‘‘the Act’’), be brought to bear on the economic de- as amended: velopment problems of the country and (i) Sections 104(a), (b), and (c)(4) of assure that local groups are receiving the Act (42 U.S.C. 9604(a), (b), and adequate technical assistance from (c)(4)), with respect to removal and re- Federal agencies or from local and medial actions in the event of release State governments in formulating de- or threatened release of a hazardous velopment programs and in carrying substance, pollutant, or contaminant out planned development activities. into the environment; (12) Assist other Federal agencies in (ii) Sections 104(e)–(h) of the Act (42 formulating manpower development U.S.C. 9604(e)–(h)), with respect to in- and training policies. formation gathering and access re- (13) Related to committee management. quests and orders; compliance with Establish and reestablish regional, Federal health and safety standards

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and wage and labor standards applica- (xiii) Section 121 of the Act (42 U.S.C. ble to covered work; and emergency 9621), with respect to cleanup stand- procurement powers; ards; and (iii) Section 104(i)(11) of the Act (42 (xiv) Section 122 of the Act (42 U.S.C. U.S.C. 9604(i)(11)), with respect to the 9622), with respect to settlements, but reduction of exposure to significant excluding section 122(b)(1) of the Act risk to human health; (42 U.S.C. 9622(b)(1)), related to mixed (iv) Section 104(j) of the Act (42 funding agreements. U.S.C. 9604(j)), with respect to the ac- (19) With respect to facilities and ac- quisition of real property and interests tivities under his or her authority, to exercise the authority of the Secretary in real property required to conduct a of Agriculture pursuant to section 1– remedial action; 102 related to compliance with applica- (v) The first two sentences of section ble pollution control standards and sec- 105(d) of the Act (42 U.S.C. 9605(d)), tion 1–601 of Executive Order 12088, 3 with respect to petitions for prelimi- CFR, 1978 Comp., p. 243, to enter into nary assessment of a release or threat- an inter-agency agreement with the ened release; United States Environmental Protec- (vi) Section 105(f) of the Act (42 tion Agency, or an administrative con- U.S.C. 9605(f)), with respect to consider- sent order or a consent judgment in an ation of the availability of qualified appropriate State, interstate, or local minority firms in awarding contracts, agency, containing a plan and schedule but excluding that portion of section to achieve and maintain compliance 105(f) pertaining to the annual report with applicable pollution control to Congress; standards established pursuant to the (vii) Section 109 of the Act (42 U.S.C. following: 9609), with respect to the assessment of (i) Solid Waste Disposal Act, as civil penalties for violations of section amended by the Resource Conservation 122 of the Act (42 U.S.C. 9622), and the and Recovery Act, as further amended granting of awards to individuals pro- by the Hazardous and Solid Waste viding information; Amendments, and the Federal Facility (viii) Section 111(f) of the Act (42 Compliance Act (42 U.S.C. 6901 et seq.); U.S.C. 9611(f)), with respect to the des- (ii) Federal Water Pollution Preven- ignation of officials who may obligate tion and Control Act, as amended (33 money in the Hazardous Substances U.S.C. 1251 et seq.); Superfund; (iii) Safe Drinking Water Act, as (ix) Section 113(k) of the Act (42 amended (42 U.S.C. 300f et seq.); U.S.C. 9613(k)), with respect to estab- (iv) Clean Air Act, as amended (42 lishing an administrative record upon U.S.C. 7401 et seq.); which to base the selection of a re- (v) Noise Control Act of 1972, as sponse action and identifying and noti- amended (42 U.S.C. 4901 et seq.); (vi) Toxic Substances Control Act, as fying potentially responsible parties; amended (15 U.S.C. 2601 et seq.); (x) Section 116(a) of the Act (42 U.S.C. (vii) Federal Insecticide, Fungicide, 9616(a)), with respect to preliminary as- and Rodenticide Act, as amended (7 sessment and site inspection of facili- U.S.C. 136 et seq.); and ties; (viii) Comprehensive Environmental (xi) Sections 117(a) and (c) of the Act Response, Compensation, and Liability (42 U.S.C. 9617(a) and (c)), with respect Act of 1980, as amended by the Super- to public participation in the prepara- fund Amendments and Reauthorization tion of any plan for remedial action Act of 1986 (42 U.S.C. 9601 et seq.). and explanation of variances from the (20) Related to rural utilities service. (i) final remedial action plan for any re- Administer the Rural Electrification medial action or enforcement action, Act of 1936, as amended (7 U.S.C. 901 et including any settlement or consent seq.) except for rural economic develop- decree entered into; ment loan and grant programs; (7 (xii) Section 119 of the Act (42 U.S.C. U.S.C. 940c and 950aa et seq.): Provided, 9119), with respect to indemnifying re- however, that the Under Secretary sponse action contractors; may utilize consultants and attorneys

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for the provision of legal services pur- verification of eligibility of the suant to 7 U.S.C. 918, with the concur- broadband loan and grant programs of rence of the General Counsel. the Department of Agriculture (7 (ii) Administer the Rural Electrifica- U.S.C. 950bb–6). tion Act of 1938 (7 U.S.C. 903 note). (xi) In coordination with the Direc- (iii) Designate the chief executive of- tor, Office of Partnerships and Public ficer of the Rural Telephone Bank. Engagement, issue receipts under sec- (iv) Administer the following sec- tion 2501A(e) of the Food, Agriculture, tions of the Consolidated Farm and Conservation, and Trade Act of 1990 (7 Rural Development Act (7 U.S.C. 1921, U.S.C. 2279–1(e)). et seq.): (xii) Administer section 6407 of the (A) Section 306 (7 U.S.C. 1926), related Farm Security and Rural Investment to water and waste facilities. Act of 2002 (7 U.S.C. 8107a), relating to (B) Section 306A (7 U.S.C. 1926a). a rural energy savings program. (C) Section 306B (7 U.S.C. 1926b). (xiii) Administer section 6210 of the (D) Section 306C (7 U.S.C. 1926c). Agricultural Act of 2014, Public Law (E) Section 306D (7 U.S.C. 1926d). 113–79, relating to funding of pending (F) Section 306E (7 U.S.C. 1926e). rural development loan and grant ap- (G) Section 309 (7 U.S.C. 1929) and plications. 309A (7 U.S.C. 1929a), relating to assets (xiv) Administer the authority under and programs related to watershed fa- section 746 of Division A of the Consoli- cilities, resource and conservation fa- dated Appropriations Act, 2018 (Pub. L. cilities, and water and waste facilities. 115–141), and any successor provisions (H) Section 310A (7 U.S.C. 1931), relat- in subsequent appropriations acts, to ing to watershed and resource con- issue waivers to the U.S. iron and steel servation and development requirements for the construction, al- (I) Section 310B(b) (7 U.S.C. 1932(b)). teration, maintenance, or repair of a (J) [Reserved] public water or wastewater system. (K) Administrative Provisions of sub- (xv) In coordination with the Federal title D of the consolidated Farm and Communications Commission, admin- Rural Development act relating to ister Section 12511 of the Agriculture rural utility activities. Improvement Act of 2018 (Pub. L. 115– (L) Section 379B (7 U.S.C. 2008p). 334) relating to the precision agri- (v) Administer section 8, and those culture connectivity task force. functions with respect to repayment of (21) Related to rural business-coopera- obligations under section 4 of the Wa- tive. (i) Administer the Rural Economic tershed Protection and Flood Preven- Development Loan and Grant Pro- tion Act (16 U.S.C. 1006a, 1004) and ad- grams under the Rural Electrification minister the Resource Conservation Act (7 U.S.C. 940c and 950aa et seq.). and Development Program to assist in carrying out resource conservation and (ii) Administer the following sections development projects in rural areas of the Consolidated Farm and Rural under section 32(e) of the Bankhead- Development Act (7 U.S.C. 1921 et seq.): Jones Farm Tenant Act (7 U.S.C. (A) Section 306(a)(110(A) (7 U.S.C. 1011(e)). 1926(a)(11)(A)), relating to grants for (vi) Administer the Water and Waste business technical assistance and plan- Loan Program (7 U.S.C. 1926–1). ning. (vii) Administer the Rural Waste- (B) [Reserved] water Treatment Circuit Rider Pro- (C) Sections 309 (7 U.S.C. 1929) and gram (7 U.S.C. 1926 note). 309A (7 U.S.C. 1929a), relating to assets (viii) Administer the Distance Learn- and programs related to rural develop- ing and Medical Link Programs (7 ment. U.S.C. 950aaa et seq.). (D) Section 310B (7 U.S.C. 1932), relat- (ix) Administer Water and Waste Fa- ing to various Rural Development pro- cility Programs and activities (7 U.S.C. grams, except for subsection (b) of that 1926–1). section. (x) Consult with the Assistant Sec- (E) Section 310H (7 U.S.C. 1936b), re- retary of Commerce for Communica- lating to an intermediary relending tions and Information to assist in the program.

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(F) Administrative Provisions of sub- tural Research and Commercialization title D of the Consolidated Farm and Fund in accordance with section 6201 of Rural Development Act relating to the Farm Security and Rural Invest- rural business-cooperative activities. ment Act of 2000 (note to 7 U.S.C. 5901 (G) Section 378 (7 U.S.C. 2008m) relat- (repealed)). ing to the National Rural Development (xii) Administer programs authorized Partnership; by the Cooperative Marketing Act of (H) Section 379E (7 U.S.C. 2008s) relat- 1926 (7 U.S.C. 451–457). ing to the Rural Microentrepreneur As- (xiii) Carry out the responsibilities of sistance Program. the Secretary of Agriculture relating (I) Section 379F (7 U.S.C. 2000t) relat- to the marketing aspects of coopera- ing to the Expansion of Employment tives, including economic research and Opportunities for Individuals with Dis- analysis, the application of economic abilities in Rural Areas Program. research findings, technical assistance (J) Section 379G (7 U.S.C. 2008u) re- to existing and developing coopera- lating to Health Care Services. tives, education on cooperatives, and (K) Section 382A et seq. (7 U.S.C. statistical information pertaining to 2009aa et seq.) relating to the Delta Re- cooperatives as authorized by the Agri- gional Authority. cultural Marketing Act of 1946 (7 U.S.C. (L) Section 383A et seq. (7 U.S.C. 1621–1627). 2009bb et seq.) relating to the Northern (xiv) Work with institutions and Great Plains Regional Authority. international organizations throughout (M) Section 384A et seq. (7 U.S.C. the world on subjects related to the de- 2009cc et seq.) relating to the Rural velopment and operation of agricul- Business Investment Program; tural cooperatives. Such work may be (N) Section 385A et seq. (7 U.S.C. carried out by: 2009dd et seq.) relating to the Rural Col- laborative Investment Program. (A) Exchanging materials and results (iii) Administer Alcohol Fuels Credit with such institutions or organiza- Guarantee Program Account (Pub. L. tions; 102–341, 106 Stat. 895). (B) Engaging in joint or coordinated (iv) [Reserved] activities; or (v) Administer loan programs in the (C) Stationing representatives at Appalachian region under sections 203 such institutions or organizations in and 204 of the Appalachian Regional foreign countries (7 U.S.C. 3291). Development Act of 1965 (40 U.S.C. App. (xv) Administer in rural areas the 204). process of designation, provision of (vi) Administer section 601 of the monitoring and oversight, and provi- Powerplant and Industrial Fuel Use sion of technical assistance for Em- Act of 1978 (Pub. L. 95–620). powerment Zones and Enterprise Com- (vii) Administer the Drought and Dis- munities pursuant to section 13301 of aster Guaranteed Loan Program under Public Law 103–66, Omnibus Budget section 331 of the Disaster Assistance Reconciliation Act of 1993 (26 U.S.C. Act of 1988 (7 U.S.C. 1929a note). 1391 et seq.) (viii) Administer the Disaster Assist- (xvi) Work with Federal agencies in ance for Rural Business Enterprises encouraging the creation of local rural Guaranteed Loan Program under sec- community development organiza- tion 401 of the Disaster Assistance Act tions. Within a State, assist other Fed- of 1989 (7 U.S.C. 1929a note). eral agencies in developing means for (ix) Administer the Rural Economic extending their services effectively to Development Demonstration Grant rural areas and in designating pilot Program (7 U.S.C. 2662a). projects in rural areas (7 U.S.C. 2204). (x) Administer the Economically Dis- (xvii) Conduct assessments to deter- advantaged Rural Community Loan mine how programs of the Department Program (7 U.S.C. 6616). can be brought to bear on the economic (xi) Administer the assets of the Al- development problems of a State or ternative Agricultural Research and local area and assure that local groups Commercialization Corporation and are receiving adequate and effective the funds in the Alternative Agricul- technical assistance from Federal

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agencies or from local and State gov- 2207b), relating to the collection and ernments in formulating development reporting of program metrics. programs and in carrying out planned (xxviii) Implementation of a program development activities (7 U.S.C. 2204b). for the Federal procurement of (xviii) Develop a process through biobased products and of a voluntary which State, sub-state and local rural ‘‘USDA Certified Biobased product’’ la- development needs, goals, objectives, beling program (7 U.S.C. 8102). plans, and recommendations can be re- (xxix) Entering into cooperative ceived and assessed on a continuing agreements to further research pro- basis (7 U.S.C. 2204b). grams in the food and agricultural (xix) Prepare local or area-wide rural sciences, related to establishing and development strategies based on the implementing Federal biobased pro- needs, goals, objectives, plans and rec- curement and voluntary biobased label- ommendations of local communities, ing programs (7 U.S.C. 3318). sub-state areas and States (7 U.S.C. (22) Related to rural housing. (i) Ad- 2204b). minister the following under the Con- (xx) Develop a system of outreach in solidated Farm and Rural Development the State or local area to promote Act (7 U.S.C. 1921 et seq.): rural development and provide for the (A) Section 306 (7 U.S.C. 1926), except publication and dissemination of infor- with respect to financing for water and mation, through multi-media methods, waste disposal facilities; or loans for relating to rural development. Advise rural electrification or telephone sys- local rural development organizations tems or facilities other than hydro- of availability of Federal programs and electric generating and related dis- the type of assistance available, and tribution systems and supplemental assist in making contact with Federal and supporting structures if they are program (7 U.S.C. 2204; 7 U.S.C. 2204b). eligible for Rural Utilities Service fi- (xxi) In coordination with the Under nancing; and financing for grazing fa- Secretary of Marketing and Regulatory cilities and irrigation and drainage fa- Programs, administer the value-added cilities; and subsection 306(a)(11). producer grants program and farmers’ (B) Section 309A (7 U.S.C. 1929a), re- markets and local food promotion pro- garding assets and programs relating gram (7 U.S.C. 1627c(d)(5)–(6)). to community facilities. (xxii) Administer the Agriculture In- (C) Administrative Provisions of sub- novation Center Demonstration pro- title D of the Consolidated Farm and gram (7 U.S.C. 1632b). Rural Development Act relating to (xxiii) Administer the renewable en- rural housing activities. ergy programs authorized in sections 9003, 9004, 9005, 9007, and 9009 of the (D) Section 379 (7 U.S.C. 2008n) relat- Farm Security and Rural Investment ing to the Rural Telework program; Act of 2002 (7 U.S.C. 8103, 8104, 8105, (E) Section 379A (7 U.S.C. 2008o) re- 8107, and 8109). lating to the Historic Barn Preserva- (xxiv) Implement the information tion program; and disclosure authorities of section (F) Section 379C (7 U.S.C. 2008q) relat- 1619(b)(3)(A) of the Food, Conservation, ing to the Farm Workers Training and Energy Act of 2008 (7 U.S.C. Grant program. 8791(b)(3)(A)). (ii) Administer title V of the Housing (xxv) In coordination with the Direc- Act of 1949 (42 U.S.C. 1471 et seq.), ex- tor, Office of Partnerships and Public cept those functions pertaining to re- Engagement, issue receipts under sec- search. tion 2501A(e) of the Food, Agriculture, (iii) In consultation with the Depart- Conservation, and Trade Act of 1990 (7 ment of Justice, Secretary of Housing U.S.C. 2279–1(e)). and Urban Development, and Secretary (xxvi) Administer the Healthy Food of Health and Human Services, admin- Financing Initiative under section 243 ister the emergency and transitional of the Department of Agriculture Reor- pet shelter and housing assistance ganization Act of 1994 (7 U.S.C. 6953). grant program (34 U.S.C. 20127). (xxvii) Administer section 6209 of the (iv) Administer the Rural Housing Agricultural Act of 2014 (7 U.S.C. Disaster Program under sections 232,

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234, and 253 of the Disaster Relief Act (iii) Consult with the United States of 1970 (Pub. L. No. 91–606). Environmental Protection Agency and (v) Exercise all authority and discre- other appropriate Federal agencies in tion vested in the Secretary by section developing pollution prevention, con- 510(d) of the Housing Act of 1949, as trol, and abatement policies and pro- amended by section 1045 of the Stewart grams relating to agencies under his or B. McKinney Homeless Assistance her authority. Amendments Act of 1988, Pub. L. 100– (iv) Recommend actions and policies 628 (42 U.S.C. 1480(d)), including the fol- of the loan and grant programs under lowing: his or her authority concerning compli- (A) Determine, with the concurrence ance with the Asset Conservation, of the General Counsel, which actions Lender Liability, and Deposit Insur- are to be referred to the Department of ance Protection Act of 1996, Subtitle E Justice for the conduct of litigation, of Public Law No. 104–208. and refer such actions to the Depart- (24)–(25) [Reserved] ment of Justice through the General (26) Related cooperative agreements. Counsel; Enter into cooperative agreements (B) Determine, with the concurrence with other Federal agencies, State and of the General Counsel, which actions local governments, and any other orga- are to be referred to the General Coun- nizations or individuals to improve the sel for the conduct of litigation and coordination and effectiveness of Fed- refer such actions; and eral programs, services, and actions af- (C) Enter into contracts with private fecting rural areas, including the es- sector attorneys for the conduct of liti- tablishment and financing of inter- gation, with the concurrence of the agency groups, as long as the objec- General Counsel, after determining tives of the agreement will serve the that the attorneys will provide com- mutual interest of the parties in rural petent and cost effective representa- development activities (7 U.S.C. tion for the Rural Housing Service and 2204b(b)(4)). representation by the attorney will ei- (27) Exercise the authority in section ther accelerate the process by which a 10101 of the Disaster Relief and Recov- family or person eligible for assistance ery Supplemental Appropriations Act, under section 502 of the Housing Act of 2008, Public Law 110–329, div. B., regard- 1949 will be able to purchase and oc- ing the Rural Development Disaster cupy the housing involved, or preserve Assistance Fund. the quality of the housing involved. (28) In coordination with the Office of (vi) Administer the Rural Fire- Tribal Relations, provide technical as- fighters and Emergency Personnel sistance to improve access by Tribal Grant program (7 U.S.C. 2655). entities to rural development programs (vii) Implement the information dis- funded by the Department of Agri- closure authorities of section culture through available cooperative 1619(b)(3)(A) of the Food, Conservation, agreement authorities (7 U.S.C. 2671). and Energy Act of 2008 (7 U.S.C. (29) Implement section 14218 of the 8791(b)(3)(A)). Food, Conservation, and Energy Act of (viii) In coordination with the Direc- 2008 (7 U.S.C. 6941a). tor, Office of Partnerships and Public (30) Related to biomass research and de- Engagement, issue receipts under sec- velopment. tion 2501A(e) of the Food, Agriculture, Administer section 9008 of FSRIA (7 Conservation, and Trade Act of 1990 (7 U.S.C. 8108) with respect to biomass re- U.S.C. 2279–1(e)). search and development, including ad- (23) Related to hazardous materials ministration of the Biomass Research management. (i) Serve on the USDA and Development Board and Biomass Hazardous Materials Policy Council. Research and Development Technical (ii) Recommend actions and policies Advisory Committee, and submission that enable USDA agencies under his of reports to Congress, except for the or her authority to comply with the in- authority delegated to the Under Sec- tent, purposes, and standards of envi- retary for REE in § 2.21(a)(1)(cci) to ronmental laws for pollution preven- carry out the Biomass Research and tion, control, and abatement. Development Initiative; consult and

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coordinate, as appropriate, with the dogs, cats, and other carnivora; vol- Under Secretary for REE and other untary inspection of rabbits and edible mission areas within the Department products thereof; and voluntary inspec- as deemed necessary in carrying out tion and certification of edible meat the authorities delegated herein; and and other products. serve as the designated point of con- (ii) Exercise the functions of the Sec- tact referenced in 7 U.S.C. 8108 for the retary of Agriculture contained in the Department, except for purposes of ad- following legislation: ministering the Biomass Research and (A) Poultry Products Inspection Act, Development Initiative as provided in as amended (21 U.S.C. 451–470, 472); § 2.21(a)(1)(cci). (B) Federal Meat Inspection Act, as (31) Carry out prize competition au- amended, and related legislation, ex- thorities in section 24 of the Steven- cluding so much of section 18 as per- son-Wydler Technology Innovation Act tains to issuance of certificates of con- of 1980 (15 U.S.C. 3719) related to func- dition of live animals intended and of- tions otherwise delegated to the Under fered for export (21 U.S.C. 601–613, 615– Secretary for Rural Development, ex- 624, 641–645, 661, 671–680, 683, 691–692, 694– cept for authorities delegated to the 695); Chief Financial Officer in § 2.28(a)(29) (C) Egg Products Inspection Act, ex- and authorities reserved to the Sec- cept for the Shell Egg Surveillance retary in paragraph (b)(2) of this sec- Program, voluntary laboratory anal- tion. yses of egg products, and the Vol- (32) Oversee the Rural Health Liaison untary Egg Grading Program (21 U.S.C. (7 U.S.C. 6946). 1031–1056); (b) The following authority is re- (D) Talmadge-Aiken Act (7 U.S.C. served to the Secretary of Agriculture: 450) with respect to cooperation with (1) Related to rural business-coopera- States in administration of the Federal tive. Submission to the Congress of the Meat Inspection Act and the Poultry report required pursuant to section Products Inspection Act; 1469 of Pub. L. No. 101–624. (E) Humane Slaughter Act (7 U.S.C. (2) Approval of prize competitions 1901–1906); that may result in the award of more (F) National Laboratory Accredita- than $1,000,000 in cash prizes under sec- tion Program (7 U.S.C. 138–138i) with tion 24(m)(4)(B) of the Stevenson- respect to laboratories accredited only Wydler Technology Innovation Act of for pesticide residue analysis in meat 1980 (15 U.S.C. 3719(m)(4)(B)). and poultry products; [60 FR 56393, Nov. 8, 1995, as amended at 65 (G) Administer and conduct a Food FR 12427, Mar. 9, 2000; 66 FR 31107, June 11, Safety Research Program (7 U.S.C. 427); 2001; 68 FR 27436, May 20, 2003; 74 FR 3402, and Jan. 21, 2009; 75 FR 43368, July 23, 2010; 76 FR (H) Conduct an education program 52851, Aug. 24, 2011; 78 FR 40937, July 9, 2013; 79 FR 44106, July 30, 2014; 80 FR 58336, Sept. regarding the availability and safety of 29, 2015; 83 FR 22181, May 14, 2018; 83 FR 61311, processes and treatments that elimi- Nov. 29, 2018; 85 FR 65506, Oct. 15, 2020] nate or substantially reduce the level of pathogens on meat, meat food prod- § 2.18 Under Secretary for Food Safe- ucts, poultry, and poultry products (21 ty. U.S.C. 679b). (a) The following delegations of au- (iii) Coordinate with the Assistant thority are made by the Secretary of Secretary for Marketing and Regu- Agriculture to the Under Secretary for latory Programs the administration of Food Safety: programs relating to human pathogen (1) Related to food safety and inspec- reduction (such as salmonella enteritidis) tion. (i) Exercise the functions of the pursuant to section 2 of the Act of Feb- Secretary of Agriculture contained in ruary 2, 1903, as amended (21 U.S.C. the Agricultural Marketing Act of 1946, 111), and sections 4 and 5 of the Act of as amended (7 U.S.C. 1621–1627), relat- May 29, 1884, as amended (21 U.S.C. 120). ing to voluntary inspection of poultry (iv) Enter into contracts, grants, or and edible products thereof; voluntary cooperative agreements to further re- inspection and certification of tech- search programs in the agricultural nical animal fat; certified products for sciences (7 U.S.C. 3318).

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(2) Related to committee management. (v) The first two sentences of section Establish and reestablish regional, 105(d) of the Act (42 U.S.C. 9605(d)), State, and local advisory committees with respect to petitions for prelimi- for activities under his or her author- nary assessment of a release or threat- ity. This authority may not be redele- ened release; gated. (vi) Section 105(f) of the Act (42 (3) Related to defense and emergency U.S.C. 9605(f)), with respect to consider- preparedness. Administer responsibil- ation of the availability of qualified ities and functions assigned under the minority firms in awarding contracts, Defense Production Act of 1950, as but excluding that portion of section amended (50 U.S.C. App. 2061 et seq.), 105(f) pertaining to the annual report and title VI of the Robert T. Stafford to Congress; Disaster Relief and Emergency Assist- (vii) Section 109 of the Act (42 U.S.C. ance Act (42 U.S.C. 5195 et seq.), con- 9609), with respect to the assessment of cerning the wholesomeness of meat and civil penalties for violations of section poultry and products thereof and in- 122 of the Act (42 U.S.C. 9622), and the spection of eggs and egg products. granting of awards to individuals pro- (4) Related to biotechnology. Coordi- viding information; nate the development and carrying out (viii) Section 111(f) of the Act (42 by Department agencies of all matters U.S.C. 9611(f)), with respect to the des- and functions pertaining to the Depart- ignation of officials who may obligate ment’s regulation of biotechnology as money in the Hazardous Substances they may affect the safety of meat, Superfund; poultry or egg products. (ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to estab- (5) Related to environmental response. lishing an administrative record upon With respect to land and facilities which to base the selection of a re- under his or her authority, exercise the sponse action and identifying and noti- functions delegated to the Secretary by fying potentially responsible parties; Executive Order 12580, 3 CFR, 1987 (x) Section 116(a) of the Act (42 U.S.C. Comp., p. 193, under the following pro- 9616(a)), with respect to preliminary as- visions of the Comprehensive Environ- sessment and site inspection of facili- mental Response, Compensation, and ties; Liability Act of 1980 (‘‘the Act’’), as (xi) Sections 117(a) and (c) of the Act amended: (42 U.S.C. 9617(a) and (c)), with respect (i) Sections 104 (a), (b), and (c)(4) of to public participation in the prepara- the Act (42 U.S.C. 9604 (a), (b), and tion of any plan for remedial action (c)(4)), with respect to removal and re- and explanation of variances from the medial actions in the event of release final remedial action plan for any re- or threatened release of a hazardous medial action or enforcement action, substance, pollutant, or contaminant including any settlement or consent into the environment; decree entered into; (ii) Sections 104(e)–(h) of the Act (42 (xii) Section 119 of the Act (42 U.S.C. U.S.C. 9604(e)–(h)), with respect to in- 9119), with respect to indemnifying re- formation gathering and access re- sponse action contractors; quests and orders; compliance with (xiii) Section 121 of the Act (42 U.S.C. Federal health and safety standards 9621), with respect to cleanup stand- and wage and labor standards applica- ards; and ble to covered work; and emergency (xiv) Section 122 of the Act (42 U.S.C. procurement powers; 9622), with respect to settlements, but (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. 9622(b)(1)), related to mixed reduction of exposure to significant funding agreements. risk to human health; (6) Related to compliance with environ- (iv) Section 104(j) of the Act (42 mental laws. With respect to facilities U.S.C. 9604(j)), with respect to the ac- and activities under his or her author- quisition of real property and interests ity, to exercise the authority of the in real property required to conduct a Secretary of Agriculture pursuant to remedial action; section 1–102 related to compliance

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with applicable pollution control as amended (7 U.S.C. 136 et seq.), includ- standards and section 1–601 of Execu- ing the Food Quality Protection Act of tive Order 12088, 3 CFR, 1978 Comp., p. 1996, Public Law 104–170, and the Toxic 243, to enter into an inter-agency Substances Control Act, as amended (15 agreement with the United States En- U.S.C. 2601 et seq.), as implemented by vironmental Protection Agency, or an the Food Safety and Inspection Service administrative consent order or a con- through a Memorandum of Under- sent judgment in an appropriate State, standing with the United States De- interstate, or local agency, containing partment of Health and Human Serv- a plan and schedule to achieve and ices, Food and Drug Administration, maintain compliance with applicable and the United States Environmental pollution control standards established Protection Agency. pursuant to the following: (8) Carry out prize competition au- (i) Solid Waste Disposal Act, as thorities in section 24 of the Steven- amended by the Resource Conservation son-Wydler Technology Innovation Act and Recovery Act, as further amended of 1980 (15 U.S.C. 3719) related to func- by the Hazardous and Solid Waste tions otherwise delegated to the Under Amendments, and the Federal Facility Secretary for Food Safety, except for Compliance Act (42 U.S.C. 6901 et seq.); authorities delegated to the Chief Fi- (ii) Federal Water Pollution Preven- nancial Officer in § 2.28(a)(29) and au- tion and Control Act, as amended (33 thorities reserved to the Secretary in U.S.C. 1251 et seq.); paragraph (b)(1) of this section. (iii) Safe Drinking Water Act, as (b) The following authorities are re- amended (42 U.S.C. 300f et seq.); served to the Secretary of Agriculture: (iv) Clean Air Act, as amended (42 (1) Approval of prize competitions U.S.C. 7401 et seq.); that may result in the award of more (v) Noise Control Act of 1972, as than $1,000,000 in cash prizes under sec- amended (42 U.S.C. 4901 et seq.); tion 24(m)(4)(B) of the Stevenson- (vi) Toxic Substances Control Act, as Wydler Technology Innovation Act of amended (15 U.S.C. 2601 et seq.); 1980 (15 U.S.C. 3719(m)(4)(B)). (vii) Federal Insecticide, Fungicide, (2) [Reserved] and Rodenticide Act, as amended (7 U.S.C. 136 et seq.); and [60 FR 56393, Nov. 8, 1995, as amended at 65 (viii) Comprehensive Environmental FR 12428, Mar. 9, 2000; 68 FR 27436, May 20, Response, Compensation, and Liability 2003; 74 FR 3402, Jan. 21, 2009; 80 FR 58337, Sept. 29, 2015] Act of 1980, as amended by the Super- fund Amendments and Reauthorization § 2.19 Under Secretary for Food, Nutri- Act of 1986 (42 U.S.C. 9601 et seq.). tion, and Consumer Services. (7) Related to hazardous materials man- agement. (i) Serve on the USDA Haz- (a) The following delegations of au- ardous Materials Policy Council. thority are made by the Secretary of (ii) Recommend actions and policies Agriculture to the Under Secretary for that enable the USDA agency under his Food, Nutrition, and Consumer Serv- or her authority to comply with the in- ices: tent, purposes, and standards of envi- (1) Related to food and nutrition. (i) ronmental laws for pollution preven- Administer the following legislation: tion, control, and abatement. (A) The Food and Nutrition Act of (iii) Consult with the United States 2008, as amended (7 U.S.C. 2011 et seq.), Environmental Protection Agency and except for section 25, regarding assist- other appropriate Federal agencies in ance for community food projects. developing pollution prevention, con- (B) Richard B. Russell National trol, and abatement policies and pro- School Lunch Act, as amended (42 grams relating to agencies under his or U.S.C. 1751–1769i), except procurement her authority. of agricultural commodities and other (iv) Exercise primary responsibility foods under section 6 thereof. to regulate drug, pesticide, and envi- (C) Child Nutrition Act of 1966, as ronmental contaminants in food prod- amended (42 U.S.C. 1771–1790). ucts as covered by the Federal Insecti- (D) Sections 933–939 of the Food, Ag- cide, Fungicide, and Rodenticide Act, riculture, Conservation, and Trade Act

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Amendments of 1991 (7 U.S.C. 5930 (G) Section 311 of the Older Ameri- note). cans Act of 1965, as amended (42 U.S.C. (E) Section 301 of the Healthy Meals 3030a); for Healthy Americans Act of 1994 (H) Sections 412 and 413(b) of the Rob- (Pub. L. 103–448). ert T. Stafford Disaster Relief and (F) Section 4402 of the Farm Security Emergency Assistance Act (42 U.S.C. and Rural Investment Act of 2002 (7 5179, 5180(b)); U.S.C. 3007). (I) Sections 4 and 5 of the Agriculture (G) Section 4403 of the Farm Security and Consumer Protection Act of 1973, and Rural Investment Act of 2002 (7 as amended (7 U.S.C. 612c note); U.S.C. 3171 note). (J) Section 1114 of the Agriculture and Food Act of 1981, as amended (7 (H) Section 4404 of the Farm Security U.S.C. 1431e); and Rural Investment Act of 2002 (2 (K) Section 1336 of the Agriculture U.S.C. 1161). and Food Act of 1981 (Pub. L. 97–98); (I) Section 4142 of the Food, Con- (L) Emergency Food Assistance Act servation, and Energy Act of 2008 (Pub. of 1983, as amended (7 U.S.C. 7501 et L. 110–246). seq.); (J) Section 4301 of the Food, Con- (M) Sections 3(b)–(i), 3A and 4 of the servation, and Energy Act of 2008 (42 Commodity Distribution Reform Act U.S.C. 1758a). and WIC Amendments of 1987 (7 U.S.C. (K) Section 4305 of the Food, Con- 612c note); and servation, and Energy Act of 2008 (42 (N) Section 110 of the Hunger Preven- U.S.C. 1755a). tion Act of 1988 (7 U.S.C. 612c note). (L) Section 4307 of the Food, Con- (iii) Administer those functions re- servation, and Energy Act of 2008 (Pub. lating to the distribution of supple- L. 110–246). mental nutrition assistance program (M) Section 4208 of the Agriculture benefits under section 412 of the Robert Improvement Act of 2018 (7 U.S.C. T. Stafford Disaster Relief and Emer- 2026a). gency Assistance Act (42 U.S.C. 5179). (N) Section 12614 of the Agriculture (iv) In connection with the functions Improvement Act of 2018 (7 U.S.C. 6925). assigned in paragraphs (a)(1)(i), (ii) and (ii) Administer those functions relat- (iii) of this section, relating to the dis- ing to the distribution and donation of tribution and donation of agricultural agricultural commodities and products commodities and products thereof and thereof under the following legislation: supplemental nutrition assistance pro- (A) Clause (3) of section 416(a) of the gram benefits to eligible recipients, au- , as amended (7 thority to determine the requirements U.S.C. 1431(a)), except the estimate and for such agricultural commodities and announcement of the types and vari- products thereof and supplemental nu- eties of food commodities, and the trition assistance program benefits to quantities thereof, to become available be so distributed. for distribution thereunder; (v) Develop food plans for use in es- tablishing supplemental nutrition as- (B) Section 709 of the Food and Agri- sistance benefit levels, and assess the culture Act of 1965, as amended (7 nutritional impact of Federal food pro- U.S.C. 1446a–1); grams. (C) Section 32 of the Act of August 24, (vi) Administer those functions under 1935, as amended (7 U.S.C. 612c), as sup- title IV of the Personal Responsibility plemented by the Act of June 28, 1937, and Work Opportunity Reconciliation as amended (15 U.S.C. 713c), and related Act of 1996 (8 U.S.C. 1612) relating to legislation; the eligibility of aliens for benefits (D) Section 9 of the Act of September under the domestic food assistance pro- 6, 1958, as amended (7 U.S.C. 1431b); grams. (E) Section 210 of the Agricultural (vii) Administer the following provi- Act of 1956 (7 U.S.C. 1859), except with sions of the Agricultural Act of 2014, respect to donations to Federal penal Public Law 113–79: and correctional institutions; (A) Section 4004(b), relating to a dem- (F) [Reserved] onstration project regarding the Food

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Distribution Program on Indian Res- (vi) Serve as a consumer ombudsman ervations (7 U.S.C. 2013 note). and communication link between con- (B) Section 4031, relating to a Com- sumers and the Department. monwealth of the Northern Mariana Is- (vii) Approve the designation of agen- lands pilot program regarding the Sup- cy Consumer Affairs Contacts. plemental Nutrition Assistance Pro- (3) Related to human nutrition informa- gram (48 U.S.C. 1841 note). tion. (i) Develop techniques and equip- (C) Section 4032, relating to annual ment to assist consumers in the home State reporting on verification of Sup- and in institutions in selecting food plemental Nutrition Assistance Pro- that supplies a nutritionally adequate gram participation (7 U.S.C. 2036c). diet. (D) Section 4033, relating to service (ii) Develop family food plans at dif- of traditional foods in public facilities ferent costs for use as standards by (25 U.S.C. 443d). families of different sizes, sex-age com- (E) Section 4214, relating to a pilot position, and economic levels. project for canned, frozen, or dried (iii) Develop suitable and safe prepa- fruits and vegetables as part of the ration and management procedures to Fresh Fruit and Vegetable Program retain nutritional and eating qualities under the Richard B. Russell National of food served in homes and institu- School Lunch Act (42 U.S.C. 1769a tions. note). (iv) Develop materials to aid the pub- (viii) Administer section 301 of the lic in meeting dietary needs, with em- National Nutrition Monitoring and Re- phasis on food selection for good nutri- lated Research Act of 1990, relating to tion and appropriate cost, and food the Dietary Guidelines for Americans preparation to avoid waste, maximize (7 U.S.C. 5341). nutrient retention, minimize food safe- (ix) Implement section 242 of the De- ty hazards, and conserve energy. partment of Agriculture Reorganiza- (v) Develop food plans for use in es- tion Act of 1994 (7 U.S.C. 6952), relating tablishing food stamp benefit levels, to establishment of a multiagency task and assess the nutritional impact of force for the purpose of providing co- Federal food programs. ordination and direction for com- (vi) Coordinate nutrition education modity programs. promotion and professional education (2) Related to consumer advice. (i) De- projects within the Department. velop and implement USDA policy and (vii) Analyze data from food con- procedural guidelines for carrying out sumption surveys in coordination with the Department’s Consumer Affairs the Under Secretary for Research, Edu- Plan. cation, and Economics to provide a (ii) Advise the Secretary and other basis for evaluating dietary adequacy. policy level officials of the Department (viii) Consult with the Federal and on consumer affairs policies and pro- State agencies, the Congress, univer- grams. sities, and other public and private or- (iii) Coordinate USDA consumer af- ganizations and the general public re- fairs activities and monitor and ana- garding household food consumption, lyze agency procedures and perform- individual intake, and dietary ade- ance. quacy, and implications of the survey (iv) Represent the Department at on public policy regarding food and nu- conferences, meetings and other con- trition policies (7 U.S.C. 3171–3175). tacts where consumer affairs issues are (ix) In conjunction with the Depart- discussed, including liaison with the ment of Health and Human Services, White House and other governmental administer section 4403 of the Food, agencies and departments. Conservation, and Energy Act of 2008 (7 (v) Work with the Office of Budget U.S.C. 5311a). and Program Analysis and the Office of (x) Enter into contracts, grants, and Communications to ensure coordina- cooperative agreements in accordance tion of USDA consumer affairs and with section 1472 of the National Agri- public participation programs, policies cultural Research, Extension, and and information, and to prevent dupli- Teaching Policy Act of 1977 (7 U.S.C. cation of responsibilities. 3318).

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(4) Related to committee management. oil spills pursuant to the Comprehen- Establish and reestablish regional, sive Environmental Response, Com- State, and local advisory committees pensation, and Liability Act, as amend- for activities under his or her author- ed (42 U.S.C. 9601 et seq.), the Clean ity. This authority may not be redele- Water Act, as amended (33 U.S.C. 1251 gated. et seq.), the Oil Pollution Act (OPA), as (5) Related to defense and emergency amended (33 U.S.C. 2701 et seq.), Execu- preparedness. Administer responsibil- tive Order 12580, 3 CFR, 1987 Comp., p. ities and functions assigned under the 193, Executive Order 12777, 3 CFR, 1991 Defense Production Act of 1950, as Comp., p. 351, and the National Contin- amended (50 U.S.C. App. 2061 et seq.), gency Plan, 40 CFR part 300. and title VI of the Robert T. Stafford (iii) Represent USDA in contacts Disaster Relief and Emergency Assist- with the United States Environmental ance Act (42 U.S.C. 5195 et seq.), con- Protection Agency, the Council on En- cerning food stamp assistance. vironmental Quality, and other organi- (6) Carry out prize competition au- zations or agencies on matters related thorities in section 24 of the Steven- to assigned responsibilities. son-Wydler Technology Innovation Act (iv) Formulate and promulgate USDA of 1980 (15 U.S.C. 3719) related to func- policy relating to environmental activ- tions otherwise delegated to the Under ity and natural resources. Secretary for Food, Nutrition, and (v) Provide staff support for the Sec- Consumer Services, except for authori- retary in the review of environmental ties delegated to the Chief Financial impact statements. Officer in § 2.28(a)(29) and authorities (vi) Provide leadership in USDA for reserved to the Secretary in paragraph general land use activities including (b)(2) of this section. implementation of Executive Order (b) The following authority is re- 11988, Flood Plain Management, 3 CFR, served to the Secretary of Agriculture: 1977 Comp., p. 117, and Executive Order (1) Related to food and nutrition. Au- 11990, Protection of Wetlands, 3 CFR, thority to appoint the members of the 1977 Comp., p. 121. National Advisory Council on Mater- (vii) Take such action as may be nec- nal, Infant, and Fetal Nutrition as di- essary, including issuance of adminis- rected in section 17(k) of the Child Nu- trative orders, and enter into agree- trition Act of 1966, as amended (42 ments with any person to perform any U.S.C. 1786(k)). response action under sections 106(a) (2) Approval of prize competitions and 122 (except subsection (b)(1)) of the that may result in the award of more Comprehensive Environmental Re- than $1,000,000 in cash prizes under sec- sponse, Compensation, and Liability tion 24(m)(4)(B) of the Stevenson- Act of 1980, as amended (42 U.S.C. Wydler Technology Innovation Act of 9606(a), 9622), pursuant to sections 1980 (15 U.S.C. 3719(m)(4)(B)). 4(c)(3) and 4(d)(3) of Executive Order [60 FR 56393, Nov. 8, 1995, as amended at 68 No. 12580, as amended by Executive FR 27436, May 20, 2003; 74 FR 3402, Jan. 21, Order No. 13016, to be exercised only 2009; 79 FR 44107, July 30, 2014; 80 FR 58337, with the concurrence of the General Sept. 29, 2015; 85 FR 65506, Oct. 15, 2020] Counsel. (viii) Exercise the functions of the § 2.20 Under Secretary for Natural Re- Secretary of Agriculture authorized in sources and Environment. Title V of the Department of the Inte- (a) The following delegations of au- rior and Related Agencies Appropria- thority are made by the Secretary of tions Act of 1998, Pub. L. 105–83, relat- Agriculture to the Under Secretary for ing to the acquisition of the New World Natural Resources and Environment: Mine and other priority land acquisi- (1) Related to environmental quality. (i) tions, land exchanges, and other activi- Administer the implementation of the ties. National Environmental Policy Act for (ix) Serve on the USDA Hazardous the United States Department of Agri- Materials Policy Council. culture (USDA). (x) Recommend actions and policies (ii) Represent USDA on Regional Re- that enable agencies under his or her sponse Teams on hazardous spills and authority to comply with the intent,

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purposes, and standards of environ- or more which are acquired under or mental laws for pollution prevention, subject to the Weeks Act of March 1, control, and abatement. 1911, as amended, and which are contig- (xi) Consult with the United States uous to existing national forest bound- Environmental Protection Agency and aries established under the authority other appropriate Federal agencies in of the Weeks Act. developing pollution prevention, con- (v) Plan and administer wildlife and trol, and abatement policies and pro- fish conservation rehabilitation and grams relating to agencies under his or habitat management programs on Na- her authority. tional Forest System lands, pursuant (2) Related to forestry. (i) Provide na- to 16 U.S.C. 670g, 670h, and 670o. tional leadership in forestry. (As used (vi) For the purposes of the National here and elsewhere in this section, the Forest System Drug Control Act of 1986 term ‘‘forestry’’ encompasses renew- (16 U.S.C. 559b–559g), specifically des- able and nonrenewable resources of for- ignate certain specially trained officers ests, including lands governed by the and employees of the Forest Service, Alaska National Interest Lands Con- not exceeding 500, to have authority in servation Act, forest-related rangeland, the performance of their duties within grassland, brushland, woodland, and al- the boundaries of the National Forest pine areas including but not limited to System: recreation, range, timber, minerals, (A) To carry firearms; watershed, wildlife and fish; natural (B) To enforce and conduct investiga- scenic, scientific, cultural, and historic tions of violations of section 401 of the values of forests and related lands; and Controlled Substance Act (21 U.S.C. derivative values such as economic 841) and other criminal violations re- strength and social well-being). lating to marijuana and other con- (ii) Protect, manage, and administer trolled substances that are manufac- the national forests, national forest tured, distributed, or dispensed on Na- purchase units, national grasslands, tional Forest System lands; and other lands and interests in lands (C) To make arrests with a warrant administered by the Forest Service, or process for misdemeanor violations, which collectively are designated as or without a warrant for violations of the National Forest System. such misdemeanors that any such offi- (iii) Acquire, dispose of, and lease cer or employee has probable cause to lands and interests in lands as may be believe are being committed in that authorized for the protection, manage- employee’s presence or view, or for a ment, and administration of the Na- felony with a warrant or without a tional Forest System, including the au- warrant if that employee has probable thority to approve acquisition of land cause to believe that the person being under the Weeks Act of March 1, 1911, arrested has committed or is commit- as amended (16 U.S.C. 521), and special ting such a felony; forest receipts acts, as follows: (Pub. L. (D) To serve warrants and other proc- 337, 74th Cong., 49 Stat. 866, as amended ess issued by a court or officer of com- by Pub. L. 310, 78th Cong., 58 Stat. 227; petent jurisdiction; Pub. L. 505, 75th Cong., 52 Stat. 347, as (E) To search, with or without a war- amended by Pub. L. 310, 78th Cong., 58 rant or process, any person, place, or Stat. 227; Pub. L. 634, 75th Cong., 52 conveyance according to Federal law or Stat. 699, as amended by Pub. L. 310, rule of law; and 78th Cong., 58 Stat. 227; Pub. L. 748, (F) To seize, with or without warrant 75th Cong., 52 Stat. 1205, as amended by or process, any evidentiary item ac- Pub. L. 310, 78th Cong., 58 Stat. 227; cording to Federal law or rule of law. Pub. L. 427, 76th Cong., 54 Stat. 46; Pub. (vii) Authorize the Forest Service to L. 589, 76th Cong., 54 Stat. 297; Pub. L. cooperate with the law enforcement of- 591, 76th Cong., 54 Stat. 299; Pub. L. 637, ficials of any Federal agency, State, or 76th Cong., 54 Stat. 402; Pub. L. 781, political subdivision, in the investiga- 84th Cong., 70 Stat. 632). tion of violations of, and enforcement (iv) As necessary for administrative of, section 401 of the Controlled Sub- purposes, divide into and designate as stances Act (21 U.S.C. 841), other laws national forests any lands of 3,000 acres and regulations relating to marijuana

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and other controlled substances, and grams in the food and agricultural State drug control laws or ordinances, sciences (7 U.S.C. 3152, 3318). within the boundaries of the National (xvi) Enter into cost-reimbursable Forest System. agreements relating to agricultural re- (viii) Administer programs under sec- search, extension, or teaching activi- tion 23 of the Federal Highway Act (23 ties (7 U.S.C. 3319a). U.S.C. 101(a), 120(f), 125(a)–(c), 138, (xvii) Administer programs of cooper- 202(a)–(b), 203, 204(a)–(c), 205(a)–(d), 211, ative forestry assistance in the protec- 317, 402(a)). tion, conservation, and multiple re- (ix) Exercise the administrative ap- source management of forests and re- peal review functions of the Secretary lated resources in both rural and urban of Agriculture for decisions of the areas and forest lands in foreign coun- Chief of the Forest Service pursuant to tries (16 U.S.C. 2101–2114). 36 CFR parts 214, 218, and 219. (xviii) Provide assistance to States (x) Conduct, support, and cooperate and other units of government in forest in investigations, experiments, tests, resources planning and forestry rural and other activities deemed necessary revitalization (7 U.S.C. 6601, 6611–6617; to obtain, analyze, develop, dem- 16 U.S.C. 2107). onstrate, and disseminate scientific in- (xix) Conduct a program of tech- formation about protecting, managing, nology implementation for State for- and utilizing forest and rangeland re- estry personnel, private forest land- newable resources in rural, suburban, owners and managers, vendors, forest and urban areas in the United States operators, public agencies, and individ- and foreign countries. The activities uals (16 U.S.C. 2107). conducted, supported, or cooperated in (xx) Administer Rural Fire Protec- shall include, but not be limited to: Re- tion and Control Programs (16 U.S.C. newable resource management re- 2106c). search, renewable resource environ- (xxi) Provide technical assistance on mental research; renewable resource forestry technology or the implemen- protection research; renewable re- tation of the Conservation Reserve and source utilization research, and renew- Softwood Timber Programs authorized able resource assessment research (16 in sections 1231–1244 and 1254 of the U.S.C. 1641–1647). Food Security Act of 1985 (16 U.S.C. (xi) Use authorities and means avail- 3831–3844; 7 U.S.C. 1981 note). able to disseminate the knowledge and (xxii) Administer forest insect, dis- technology developed from forestry re- ease, and other pest management pro- search (16 U.S.C. 1645). grams (16 U.S.C. 2104). (xii) Coordinate activities with other (xxiii) Exercise the custodial func- agencies in USDA, other Federal and tions of the Secretary for lands and in- State agencies, forestry schools, and terests in lands under lease or contract private entities and individuals (16 of sale to States and local agencies U.S.C. 1643). pursuant to title III of the Bankhead– (xiii) Enter into contracts, grants, Jones Farm Tenant Act and administer and cooperative agreements for the reserved and reversionary interests in support of scientific research in for- lands conveyed under that Act (7 estry activities (7 U.S.C. 3105, 1624; 16 U.S.C. 1010–1013a). U.S.C. 582a–8, 1643–1645, 1649). (xxiv) Under such general program (xiv) Enter into cooperative research criteria and procedures as may be es- and development agreements with in- tablished by the Natural Resources dustry, universities, and others; insti- Conservation Service: tute a cash award program to reward (A) Administer the forestry aspects scientific, engineering, and technical of the programs listed in paragraphs personnel; award royalties to inven- (a)(2)(xxiii)(A)(1) through (3) of this tors; and retain and use royalty income section on the National Forest System, (15 U.S.C. 3710a–3710c). rangelands with national forest bound- (xv) Enter into contracts, grants, or aries, adjacent rangelands which are cooperative agreements to further re- administered under formal agreement, search, extension, or teaching pro- and other forest lands;

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(1) The cooperative river basin sur- ministration, Department of Com- veys and investigations program (16 merce; U.S.C. 1006); (B) Establishing policies, standards, (2) The Eleven Authorized Watershed and procedures for allotting and as- Improvement Programs and Emer- signing frequencies within USDA and gency Flood Prevention Measures Pro- for obtaining effective utilization of gram under the Flood Control Act of them; 1944 (Pub. L. 78–534); and (C) Providing licensing action nec- (3) The Small Watershed Protection essary to assign radio frequencies for Program under the Pilot Watershed use by the agencies of USDA and main- Protection and Watershed Protection tenance of the records necessary in and Flood Prevention Acts (7 U.S.C. connection therewith; 701a–h; 16 U.S.C. 1001–1009); and (D) Providing inspection of USDA’s (B) Exercise responsibility in connec- radio operations to ensure compliance tion with the forestry aspects of the with national and international regula- Resource Conservation and Develop- tions and policies for radio frequency ment Program authorized by title III of use; and the Bankhead-Jones Farm Tenant Act (xxix) Represent USDA in all matters (7 U.S.C. 1011(e)). relating to responsibilities and au- (xxv) Provide assistance to the Farm thorities under the Federal Power Act Service Agency in connection with the (16 U.S.C. 791a–823). Agricultural Conservation Program, (xxx) Administer the Youth Con- the Naval Stores Conservation Pro- servation Corps Act (16 U.S.C. 1701– gram, and the Cropland Conversion 1706) for USDA. Program (16 U.S.C. 590g–q). (xxxi) Establish and operate the Job (xxvi) Provide assistance to the Corps Civilian Conservation Centers on Rural Housing Service in connection National Forest System lands as au- with grants and loans under authority thorized by title I, sections 106 and 107 of section 303 of the Consolidated Farm of the Economic Opportunity Act of and Rural Development Act, 7 U.S.C. 1964 (42 U.S.C. 2716), in accordance with 1923. the terms of an agreement dated May (xxvii) Coordinate mapping work of 11, 1967, between the Secretary of Agri- USDA including: culture and the Secretary of Labor; (A) Clearing mapping projects to pre- and administration of other coopera- vent duplication; tive manpower training and work expe- (B) Keeping a record of mapping done rience programs where the Forest Serv- by USDA agencies; ice serves as host or prime sponsor (C) Preparing and submitting re- with other Departments of Federal, quired USDA reports; State, or local governments. (D) Serving as liaison on mapping (xxxii) Administer the Volunteers in with the Office of Management and the National Forests Act of 1972 (16 Budget, Department of Interior, and U.S.C. 558a–558d, 558a note). other departments and establishments; (xxxiii) Exercise the functions of the (E) Promoting interchange of tech- Secretary of Agriculture authorized in nical mapping information, including the Alaska National Interest Lands techniques which may reduce costs or Conservation Act (16 U.S.C. 3101–3215). improve quality; and (xxxiv) Exercise the functions of the (F) Maintaining the mapping records Secretary as authorized in the Wild formerly maintained by the Office of and Scenic Rivers Act (16 U.S.C. 1271– Operations. 1287). (xxviii) Administer the radio fre- (xxxv) Jointly administer gypsy quency licensing work of USDA, in- moth eradication activities with the cluding: Assistant Secretary for Marketing and (A) Representing USDA on the Inter- Regulatory Programs, under the au- departmental Radio Advisory Com- thority of section 102 of the Organic mittee and its Frequency Assignment Act of 1944, as amended; and the Act of Subcommittee of the National Tele- April 6, 1937, as amended (7 U.S.C. 7759, communications and Information Ad- 148, 148a–148e); and the Talmadge Aiken

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Act (7 U.S.C. 1633), by assuming pri- equipment to monitor, remove, dispose mary responsibility for treating iso- of, and replace infested trees located lated gypsy moth infestations on Fed- under their jurisdiction and within the eral lands, and on State and private borders of quarantined areas (16 U.S.C. lands contiguous to infested Federal 2104a). lands, and any other infestations over (xliii) [Reserved] 640 acres on State and private lands. (xliv) Administer the community (xxxvi) Exercise the functions of the wood energy program providing grants Secretary authorized in the Federal to develop community wood energy Onshore Oil and Gas Leasing Reform plans, acquire or upgrade community Act of 1987 (30 U.S.C. 226 et seq.). wood energy systems, and establish or (xxxvii) Administer the Public Lands expand biomass consumer cooperatives Corps program (16 U.S.C. 1721 et seq.; 16 (7 U.S.C. 8113). U.S.C. 1726b) for USDA consistent with (xlv) Conduct activities that assist the Department’s overall national serv- the Chief Economist in developing ice program. guidelines regarding the development (xxxviii) Focusing on countries that of environmental services markets. could have a substantial impact on (xlvi) Administer the programs au- global warming, provide assistance thorized by the Healthy Forests Res- that promotes sustainable development toration Act of 2003 (16 U.S.C. 6501 et and global environmental stability; seq.), except for the Healthy Forests share technical, managerial, extension, Reserve Program authorized in title V and administrative skills; provide edu- of such act (16 U.S.C. 6571–6578). cation and training opportunities; en- (xlvii) Administer Good Neighbor gage in scientific exchange; and co- contracts and cooperative agreements operate with domestic and inter- with a State to carry out forest, range- national organizations that further land, and watershed restoration serv- international programs for the man- ices on National Forest System lands agement and protection of forests, (16 U.S.C. 2113a). rangelands, wildlife, fisheries and re- (xlviii) Utilize the Agriculture Con- lated natural resources (16 U.S.C. 4501– servation Experienced Services (ACES) 4505). Program (16 U.S.C. 3851) to provide (xxxix) Establish programs with any technical services for conservation-re- bureau of the U.S. Department of the lated programs and authorities carried Interior (DOI), or with other agencies out on National Forest System lands within USDA, in support of the Service (16 U.S.C. 3851a). First initiative for the purpose of pro- (xlix) Enter into reciprocal fire moting customer service and efficiency agreements or contracts with domestic including delegating to employees of entities. Administer reimbursements DOI and other USDA agencies the au- received for fire suppression (42 U.S.C. thorities of the Forest Service nec- 1856–1856e). essary to carry out projects on behalf (l) Administer the large airtanker of USDA (43 U.S.C. 1703). and aerial asset lease program (16 (xl) At the request of the Director, U.S.C. 551c). Homeland Security Staff (Director), (li) Provide technical and other as- designate law enforcement personnel of sistance with respect to eligibility of the Forest Service to assist the Direc- forest products for the ‘‘USDA Cer- tor in providing for the personal secu- tified Biobased Products’’ labeling pro- rity for the Secretary and the Deputy gram (7 U.S.C. 8102(g)). Secretary in the National Forest Sys- (lii) Cooperate with public or private tem. entities or individuals to perform work (xli) Implement the information dis- on state, county, municipal, or private closure authorities of section lands within or near the boundary of 1619(b)(3)(A) of the Food, Conservation, National Forest System lands for ad- and Energy Act of 2008 (7 U.S.C. ministration, protection, improve- 8791(b)(3)(A)). ment, reforestation, and other kinds of (xlii) Administer a program for pro- work the Forest Service is authorized viding loans to eligible units of local to do on National Forest System lands, government to finance the purchase of and cooperate with public or private

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entities or individuals to perform the 1987 Comp., p. 193, under the following same kinds of work in connection with provisions of the Comprehensive Envi- the use or occupancy of National For- ronmental Response, Compensation, est System lands (16 U.S.C. 572). and Liability Act of 1980 (‘‘the Act’’), (liii) Enter into reciprocal fire agree- as amended: ments with foreign fire organizations. (A) Sections 104(a), (b), and (c)(4) of (42 U.S.C. 1856m–1856o). the Act (42 U.S.C. 9604(a), (b), and (liv) Administer the payments to (c)(4)), with respect to removal and re- states program (16 U.S.C. 500; 16 U.S.C. medial actions in the event of release 7101–7153); establish, maintain, and ap- or threatened release of a hazardous point members to Resource Advisory substance, pollutant, or contaminant Committees (16 U.S.C. 7125). into the environment; (lv) Administer the Wood Innovation (B) Sections 104(e)–(h) of the Act (42 Grant program (7 U.S.C. 7655d). U.S.C. 9604(e)–(h)), with respect to in- (3) [Reserved] formation gathering and access re- (4) Related to committee management. quests and orders; compliance orders; Establish and reestablish regional, compliance with Federal health and state, and local advisory committees safety standards and wage and labor for activities under his or her author- standards applicable to covered work; ity. This authority may not be redele- and emergency procurement powers; gated. (C) Section 104(i)(11) of the Act (42 (5) Related to defense and emergency U.S.C. 9604(i)(11)), with respect to the preparedness. Administer responsibil- reduction of exposure to significant ities and functions assigned under the risk to human health; Defense Production Act of 1950, as (D) Section 104(j) of the Act (42 U.S.C. amended (50 U.S.C. App. 2061 et seq.) 9604(j)), with respect to the acquisition and title VI of the Robert T. Stafford of real property and interests in real Disaster Relief and Emergency Assist- property required to conduct a reme- ance Act (42 U.S.C. 5195 et seq.), relat- dial action; ing to agricultural land and water, for- ests and forest products, rural fire de- (E) The first two sentences of section fense, and forestry research. 105(d) of the Act (42 U.S.C. 9605(d)), with respect to petitions for prelimi- (6) Related to surface mining control nary assessment of a release or threat- and reclamation. Administer respon- sibilities and functions assigned to the ened release; Secretary of Agriculture under the (F) Section 105(f) of the Act (42 U.S.C. Surface Mining Control and Reclama- 9605(f)), with respect to consideration tion Act of 1977 (30 U.S.C. 1201 et seq.). of the availability of qualified minor- (7) Related to environmental response. ity firms in awarding contracts, but ex- (i) With respect to land and facilities cluding that portion of section 105(f) of under his or her authority, to exercise the Act pertaining to the annual report the functions delegated to the Sec- to Congress; retary by Executive Order 12580, 3 CFR, (G) Section 109 of the Act (42 U.S.C. 1987 Comp., p. 193, and Executive Order 9609), with respect to the assessment of 12777, 3 CFR, 1991 Comp., p. 351, to act civil penalties for violations of section as Federal trustee for natural re- 122 of the Act (42 U.S.C. 9622), and the sources in accordance with section granting of awards to individuals pro- 107(f) of the Comprehensive Environ- viding information; mental Response, Compensation, and (H) Section 111(f) of the Act (42 U.S.C. Liability Act of 1980 (42 U.S.C. 9607(f)), 9611(f)), with respect to the designation section 311(f)(5) of the Federal Water of officials who may obligate money in Pollution Control Act (33 U.S.C. the Hazardous Substances Superfund; 1321(f)(5)), and section 1006(b)(2) of the (I) Section 113(g) of the Act (42 U.S.C. Oil Pollution Act of 1990 (33 U.S.C. 9613(g)), with respect to receiving noti- 2706(b)(2)). fication of a natural resource trustee’s (ii) With respect to land and facilities intent to file suit; under his or her authority, to exercise (J) Section 113(k) of the Act (42 the functions delegated to the Sec- U.S.C. 9613(k)), with respect to estab- retary by Executive Order 12580, 3 CFR, lishing an administrative record upon

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which to base the selection of a re- eral Facility Compliance Act (42 U.S.C. sponse action and identifying and noti- 6901 et seq.); fying potentially responsible parties; (ii) Federal Water Pollution Preven- (K) Section 116(a) of the Act (42 tion and Control Act, as amended (33 U.S.C. 9616(a)), with respect to prelimi- U.S.C. 1251 et seq.); nary assessment and site inspection of (iii) Safe Drinking Water Act, as facilities; amended (42 U.S.C. 300f et seq.); (L) Section 117(a) and (c) of the Act (iv) Clean Air Act, as amended (42 (42 U.S.C. 9617(a) and (c)), with respect U.S.C. 7401 et seq.); to public participation in the prepara- (v) Noise Control Act of 1972, as tion of any plan for remedial action amended (42 U.S.C. 4901 et seq.); and explanation of variances from the (vi) Toxic Substances Control Act, as final remedial action plan for any re- amended (15 U.S.C. 2601 et seq.); medial action or enforcement action, (vii) Federal Insecticide, Fungicide, including any settlement or consent decree entered into; and Rodenticide Act, as amended (7 U.S.C. 136 et seq.); and (M) Section 119 of the Act (42 U.S.C. 9619), with respect to indemnifying re- (viii) Comprehensive Environmental sponse action contractors; Response, Compensation, and Liability (N) Section 121 of the Act (42 U.S.C. Act of 1980, as amended by the Super- 9621), with respect to cleanup stand- fund Amendments and Reauthorization ards; and Act of 1986 (42 U.S.C. 9601 et seq.). (O) Section 122 of the Act (42 U.S.C. (9) Related to historic preservation. Ad- 9622), with respect to settlements, but minister the implementation of the excluding section 122(b)(1) of the Act National Historic Preservation Act of (42 U.S.C. 9622(b)(1)), relating to mixed 1966, 16 U.S.C. 470 et seq., Executive funding agreements. Order 11593, 3 CFR, 1971–1975 Comp., p. (iii) With respect to land and facili- 559, and regulations of the Advisory ties under his or her authority, to exer- Council on Historic preservation, 36 cise the authority vested in the Sec- CFR part 800, for the Department of retary of Agriculture to act as the Agriculture with authority to name ‘‘Federal Land Manager’’ pursuant to the Secretary’s designee to the Advi- the Clean Air Act, as amended (42 sory Council on Historic Preservation. U.S.C. 7401 et seq.). (10) Carry out prize competition au- (8) Related to compliance with environ- thorities in section 24 of the Steven- mental laws. With respect to facilities son-Wydler Technology Innovation Act and activities under his or her author- of 1980 (15 U.S.C. 3719) related to func- ity, to exercise the authority of the tions otherwise delegated to the Under Secretary of Agriculture pursuant to Secretary for Natural Resources and section 1–102 related to compliance Environment, except for authorities with applicable pollution control delegated to the Chief Financial Officer standards and section 1–601 of Execu- in § 2.28(a)(29) and authorities reserved tive Order 12088, 3 CFR, 1978 Comp., p. to the Secretary in paragraph (b)(2) of 243, to enter into an inter-agency this section. agreement with the United States En- (b) The following authorities are re- vironmental Protection Agency, or an served to the Secretary of Agriculture: administrative consent order or a con- sent judgment in an appropriate United (1) Related to natural resource con- States District Court with an appro- servation. Designation of new project priate State, interstate, or local agen- areas in which the resource conserva- cy, containing a plan and schedule to tion and development program assist- achieve and maintain compliance with ance will be provided. applicable pollution control standards (2) Approval of prize competitions established pursuant to the following: that may result in the award of more (i) Solid Waste Disposal Act, as than $1,000,000 in cash prizes under sec- amended by the Resource Conservation tion 24(m)(4)(B) of the Stevenson- and Recovery Act, the Hazardous and Solid Waste Amendments, and the Fed-

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Wydler Technology Innovation Act of (iv) Carry out research, technology 1980 (15 U.S.C. 3719(m)(4)(B)). development, technology transfer, and demonstration projects related to the [60 FR 56393, Nov. 8, 1995, as amended at 62 FR 1031, Jan. 8, 1997; 64 FR 32797, June 18, economic feasibility of the manufac- 1999; 64 FR 34967, June 30, 1999; 65 FR 12428, ture and commercialization of natural Mar. 9, 2000; 67 FR 59135, Sept. 30, 2002; 68 FR rubber from plants containing hydro- 27437, May 20, 2003; 69 FR 34252, June 21, 2004; carbons and other critical agricultural 72 FR 36859, July 6, 2007; 74 FR 3403, Jan. 21, materials from native agricultural 2009; 75 FR 43368, July 23, 2010; 78 FR 40937, crops having strategic and industrial July 9, 2013; 79 FR 44107, July 30, 2014; 80 FR importance (7 U.S.C. 178–178n). 58337, Sept. 29, 2015; 83 FR 22181, May 14, 2018; 85 FR 65506, Oct. 15, 2020] (v) Conduct research on the control of undesirable species of honey bees in § 2.21 Under Secretary for Research, cooperation with specific foreign gov- Education, and Economics. ernments (7 U.S.C. 284). (a) The following delegations of au- (vi) Administer the appropriation for thority are made by the Secretary of the endowment and maintenance of Agriculture to the Under Secretary for colleges for the benefit of agriculture Research, Education, and Economics and the mechanical arts (7 U.S.C. 321– (who holds the title of Chief Scientist 326a). of the Department). (vii) Administer teaching funds au- (1) Related to research, extension, and thorized by section 22 of the Bankhead education. (i) Direct, coordinate and Jones Act, as amended (7 U.S.C. 329). provide national leadership and sup- (viii) Administer a Cooperative Agri- port for research, extension and teach- cultural Extension Program in accord- ing programs in the food and agricul- ance with the Smith-Lever Act, as tural sciences to meet major needs and amended (7 U.S.C. 341–349). challenges in development of new food (ix) Cooperate with the States for the and fiber; food and agriculture viabil- purpose of encouraging and assisting ity and competitiveness in the global them in carrying out research related economy; enhancing economic opportu- to the problems of agriculture in its nities and quality of life for rural broadest aspects under the Hatch Act, America; food and agricultural system as amended (7 U.S.C. 361a–361i). productivity and development of new (x) Evaluate, assess, and report to crops and new uses; the environment congressional agriculture committees and natural resources; or the pro- on the merits of proposals for agricul- motion of human health and welfare tural research facilities in the States, pursuant to the National Agricultural and ensure that each research activity Research, Extension, and Teaching conducted by an Agricultural Research Policy of 1977, as amended (7 U.S.C. Service facility serves a national or 3101 et seq.). multistate need (7 U.S.C. 390 et seq.). (ii) Provide national leadership and (xi) Conduct research concerning do- support for research, extension, and mestic animals and poultry, their pro- teaching programs in the food and agri- tection and use, the causes of con- cultural sciences to carry out sustain- tagious, infectious, and communicable able agriculture research and edu- diseases, and the means for the preven- cation; a National Plant Genetic Re- tion and cure of the same (7 U.S.C. 391). sources Program; a national agricul- (xii) Conduct research related to the tural weather information system; and dairy industry and to the dissemina- any other provisions pursuant to title tion of information for the promotion XVI of the Food, Agriculture, Con- of the dairy industry (7 U.S.C. 402). servation, and Trade Act of 1990 (Pub. (xiii) Conduct research and dem- L. 101–624, 104 Stat. 3703). onstrations at Mandan, ND, related to (iii) Exercise the authorities of the dairy livestock breeding, growing, and Secretary in administering the Agri- feeding, and other problems pertaining culture Advanced Research and Devel- to the establishment of the dairy and opment Authority, including awarding livestock industries (7 U.S.C. 421–422). grants and entering into contracts, co- (xiv) Conduct research on new uses operative agreements, and other trans- for cotton and on cotton ginning and actions (7 U.S.C. 3319k). processing (7 U.S.C. 423–424).

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(xv) Administer and conduct research vention of soil erosion (7 U.S.C. 1010 into the basic problems of agriculture and 16 U.S.C. 590a). in its broadest aspects, including, but (xxiv) Maintain four regional re- not limited to, production, marketing search laboratories and conduct re- (other than statistical and economic search at such laboratories to develop research but including research related new scientific, chemical, and technical to family use of resources), distribu- uses and new and extended markets tion, processing, and utilization of and outlets for farm commodities and plant and animal commodities; prob- products and the byproducts thereof (7 lems of human nutrition; development U.S.C. 1292). of markets for agricultural commod- (xxv) Conduct a Special Cotton Re- ities; discovery, introduction, and search Program designed to reduce the breeding of new crops, plants, and ani- cost of producing upland cotton in the mals, both foreign and native; con- United States (7 U.S.C. 1444a(c)). servation development; and develop- (xxvi) [Reserved] ment of efficient use of farm buildings, (xxvii) Conduct research to develop homes, and farm machinery except as and determine methods for the humane otherwise delegated in § 2.22(a)(1)(ii) slaughter of livestock (7 U.S.C. 1904). and § 2.79(a)(2) (7 U.S.C. 427, 1621–1627, (xxviii)–(xxix) [Reserved] 1629, 2201, and 2204). (xvi) Conduct research on varietal (xxx) Conduct education and exten- improvement of wheat and feed grains sion programs related to nutrition edu- to enhance their conservation and en- cation (7 U.S.C. 2027(a)). vironmental qualities (7 U.S.C. 428b). (xxxi) Prepare an annual report to (xvii) Administer a program to make Congress on disbursements of funds for competitive grants to assist in the con- agricultural research and extension at struction, alteration, acquisition, mod- 1890 and 1862 Institutions for programs ernization, renovation, or remodeling under the following authorities: 7 of agricultural research facilities (7 U.S.C. 3221; 7 U.S.C. 3222; 7 U.S.C. 343(b) U.S.C. 390b). and (c); and 7 U.S.C. 361a et seq. (7 (xviii) Enter into agreements with U.S.C. 2207d). and receive funds from any State, (xxxii) Develop and maintain na- other political subdivision, organiza- tional and international library and in- tion, or individual for the purpose of formation systems and networks and conducting cooperative research facilitate cooperation and coordination projects (7 U.S.C. 3318a). of the agricultural libraries of colleges, (xix) Carry out a program (IR–4 Pro- universities, USDA, and their closely gram) for the collection of residue and allied information gathering and dis- efficacy data in support of registration semination units in conjunction with or reregistration of pesticides for private industry and other research li- minor agricultural use and for use on braries (7 U.S.C. 2201, 2204, 3125a, and specialty crops, and to determine toler- 3126). ances for minor use chemical residues (xxxiii) Accept gifts and order dis- in or on agricultural commodities (7 bursements from the Treasury for car- U.S.C. 3157(e)). rying out of National Agricultural Li- (xx) Administer the Agriculture and brary (NAL) functions (7 U.S.C. 2264– Food Research Initiative for competi- 2265). tive grants for fundamental and ap- (xxxiv) Propagate bee-breeding stock plied research, extension, and edu- and release bee germplasm to the pub- cation to address food and agricultural lic (7 U.S.C. 283). sciences; administer a program of mak- (xxxv) Administer, in cooperation ing special grants for research, exten- with land-grant colleges and univer- sion, or education activities (7 U.S.C. sities where applicable, a rural devel- 3157(b), (c)). opment research and extension pro- (xxi)–(xxii) [Reserved] gram, a small farm research and exten- (xxiii) Conduct research related to sion program, and a rural health and soil and water conservation, engineer- safety education program under the ing operations, and methods of cultiva- Rural Development Act of 1972, as tion to provide for the control and pre- amended (7 U.S.C. 2661–2667).

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(xxxvi) Administer a cooperative ex- stitutions in, or in service to benefit, tension program under the Farmer-to- developing countries. Consumer Direct Marketing Act of 1976 (xliv) Promote and strengthen higher (7 U.S.C. 3004). education in the food and agricultural (xxxvii) Coordinate the development sciences; administer grants to colleges and carrying out by Department agen- and universities; maintain a national cies of all matters and functions per- food and agricultural education infor- taining to agricultural research con- mation system; conduct programs re- ducted or funded by the Department in- garding the evaluation of teaching pro- volving biotechnology, including the grams and continuing education; ad- development and implementation of minister the National Food and Agri- guidelines for oversight of research ac- cultural Sciences Teaching, Extension, tivities, acting as liaison on all mat- and Research Awards Program to rec- ters and functions pertaining to agri- ognize and promote excellence in cultural research in biotechnology be- teaching, extension, and research in tween agencies within the Department the food and agricultural sciences; ad- and between the Department and other minister programs relating to sec- governmental, educational, or private ondary education and 2-year postsec- organizations and carrying out any ondary education, including grants to other activities authorized by (7 U.S.C. public secondary schools, institutions 3121). of higher education that award an asso- (xxxviii) [Reserved] ciate’s degree, other institutions of (xxxix) Establish and oversee the Na- higher education, and nonprofit organi- tional Agricultural Research, Exten- zations; and report to Congress on the sion, Education, and Economics Advi- distribution of funds to carry out such sory Board (7 U.S.C. 3123). teaching programs (7 U.S.C. 3152). (xl) Provide and distribute informa- (xlv) Administer a next generation tion and data about Federal, State, agriculture technology challenge com- local, and other Rural Development As- petition to incentivize mobile tech- sistance Programs and services avail- nology that removes marketplace able to individuals and organizations. entry barriers for beginning farmers To the extent possible, NAL shall use and ranchers (7 U.S.C. 3158). telecommunications technology to dis- (xlvi) Administer the National Agri- seminate such information to rural cultural Science Award for research or areas (7 U.S.C. 3125b). advanced studies in the food and agri- (xli) Assemble and collect food and cultural sciences (7 U.S.C. 3153). nutrition educational material, includ- (xlvii) [Reserved] ing the results of nutrition research, (xlviii) Administer a National Food training methods, procedures, and and Human Nutrition Research and Ex- other materials related to the purposes tension Program (7 U.S.C. 3171–3173, of the National Agricultural Research, 3175). Extension, and Teaching Policy Act of (xlix) Administer and direct an Ani- 1977, as amended; maintain such infor- mal Health and Disease Research Pro- mation; and provide for the dissemina- gram under the National Agricultural tion of such information and materials Research, Extension, and Teaching on a regular basis to State educational Policy Act of 1977, as amended (7 U.S.C. agencies and other interested parties (7 3191–3201). U.S.C. 3126). (l) Support continuing agricultural (xlii) Promote cooperation and co- and forestry extension and research at ordination between 1862, 1890, 1994, and 1890 land-grant institutions, including NLGCA Institutions, HSACUs, and co- Tuskegee University (7 U.S.C. 3221, operating forestry schools and inter- 3222, 3222d). national partner institutions in devel- (li) Administer grants to 1890 land- oping countries by exercising the Sec- grant colleges, including Tuskegee retary’s authority in 7 U.S.C. 3292, in- University, through Federal-grant cluding coordinating with the Under funds to help finance research facilities Secretary for Trade and Foreign Af- and equipment including agricultural fairs to place interns from covered in- libraries (7 U.S.C. 3223).

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(lii) Establish and administer com- search, extension, or teaching pro- petitive grants to Hispanic-serving In- grams in the food and agriculture stitutions for the purpose of promoting sciences (7 U.S.C. 3318). and strengthening the ability of His- (lvii) Enter into cost-reimbursable panic-serving Institutions to carry out agreements with State cooperative in- education, applied research, and re- stitutions or other colleges and univer- lated community development pro- sities for the acquisition of goods or grams (7 U.S.C. 3241). services in support of research, exten- (liii) Provide policy direction and co- sion, or teaching activities in the food ordinate the Department’s work with and agricultural sciences, including national and international institutions the furtherance of library and related and other persons throughout the information programs (7 U.S.C. 3319a). world in the performance of agricul- (lviii) Conduct research and develop- tural research, extension, teaching, ment and implement a program for the and development activities; administer development of supplemental and al- a program of competitive grants for ternative crops (7 U.S.C. 3319d). collaborative projects involving Fed- (lix) Administer an Aquaculture As- eral scientists or scientists from col- sistance Program, involving centers, leges and universities working with by making grants to eligible institu- scientists at international agricultural tions for research and extension to fa- research centers in other nations focus- cilitate or expand production and mar- ing either on new technologies and pro- keting of aquacultural food species and grams for increasing the production of products; making grants to States to food and fiber or training scientists formulate Aquaculture development and a program of competitive grants to plans for the production and marketing colleges and universities to strengthen of aquacultural species and products; United States economic competitive- and conducting a program of research, ness and to promote international mar- extension and demonstration at ket development; establish a program aquacultural demonstration centers (7 in coordination with the Foreign Agri- U.S.C. 3321–22). cultural Service to place interns from (lx) Administer a Cooperative Range- United States colleges and universities land Research Program (7 U.S.C. 3331– at Foreign Agricultural Service field 3336). offices overseas; and provide a biennial (lxi) Conduct a program of basic re- report to the Committee on Agri- search on cancer in animals and birds culture of the House of Representatives (7 U.S.C. 3902). and the Committee on Agriculture, Nu- (lxii) Design and implement edu- trition, and Forestry of the Senate on cational programs and distribute mate- efforts of the Federal Government to rials in cooperation with the coopera- coordinate international agricultural tive extension services of the States research within the Federal Govern- emphasizing the importance of produc- ment, and to more effectively link the tive farmland, and designate a farm- activities of domestic and inter- land information center, pursuant to national agricultural researchers, par- section 1544 of the Farmland Protec- ticularly researchers of the Agricul- tion Policy Act (7 U.S.C. 4205). tural Research Service (7 U.S.C. 3291, (lxiii) Make competitive grants to 3292b). land-grant colleges and universities, (liv) Provide for an agricultural re- including 1994 Institutions, to provide search and development program with identifiable support specifically tar- the United States/Mexico Foundation geted for Tribal students (7 U.S.C. for Science (7 U.S.C. 3292a). 3222e). (lv) Administer grants to 1890 Insti- (lxiv) Administer programs and con- tutions, including Tuskegee Univer- duct projects for research, extension, sity, for purposes of awarding scholar- and education on sustainable agri- ships to individuals pursuing careers in culture (7 U.S.C. 5811–5813). the food and agricultural sciences (7 (lxv) Conduct research and coopera- U.S.C. 3222a). tive extension programs to optimize (lvi) Enter into contracts, grants, or crop and livestock production poten- cooperative agreements to further re- tial, integrated resource management,

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and integrated crop management (7 (lxxviii) In consultation with the U.S.C. 5821). Secretary of Energy, administer com- (lxvi) Develop and make available petitive grants to provide education handbooks, technical guides, and other about carbon utilization and biogas (7 educational materials emphasizing sus- U.S.C. 8115). tainable agriculture production sys- (lxxix) Conduct a research initiative tems and practices; carry out activities known as the Agricultural Genome Ini- related to a national training program tiative, and make grants or enter into for sustainable agriculture (7 U.S.C. cooperative agreements on a competi- 5831, 5832). tive basis to carry out the Initiative (7 (lxvii) Administer competitive grants U.S.C. 5924). for the acquisition of special purpose (lxxx) Administer a competitive high scientific research equipment for use in priority research and extension grants the food and agricultural sciences pro- program in specified subject areas (7 grams of eligible institutions (7 U.S.C. U.S.C. 5925), including pollinator ac- 3310a). tivities (7 U.S.C. 5925(g)) not otherwise (lxviii) Administer a national re- delegated to the Under Secretary for search program on genetic resources to Marketing and Regulatory Programs in provide for the collection, preserva- § 2.22(a)(2)(xli); prepare an annual re- tion, and dissemination of genetic ma- port to Congress regarding pollinator terial important to American food and issues (7 U.S.C. 5925(g)(5)). agriculture production (7 U.S.C. 5841– (lxxxi) [Reserved] 5844). (lxxxii) Administer competitive grants to support research, education, (lxix) Conduct remote-sensing and and extension activities regarding or- other weather-related research (7 ganically grown and processed agricul- U.S.C. 5852). tural commodities (7 U.S.C. 5925b). (lxx) Establish an Agricultural (lxxxiii) In consultation with the Weather Office and administer a na- Urban Agriculture and Innovative Pro- tional agricultural weather informa- duction Advisory Committee, admin- tion system, including a competitive ister competitive grants to support re- grants program for research in atmos- search, education, and extension ac- pheric sciences and climatology (7 tivities for the purposes of facilitating U.S.C. 5852–5853). the development of urban, indoor, and (lxxi) Administer a research and ex- other emerging agricultural produc- tension grant program to States to ad- tion, harvesting, transportation, aggre- minister programs for State agricul- gation, packaging, distribution, and tural weather information systems (7 markets (7 U.S.C. 5925g). U.S.C. 5854). (lxxxiv) Formulate and carry out the (lxxii) Establish a National Plant Di- Veterinary Medicine Loan Repayment agnostic Network to monitor and sur- Act program authorized by the Na- veil through diagnostics threats to tional Veterinary Medical Service Act plant health from diseases or pests of (7 U.S.C. 3151a). concern in the United States, and es- (lxxxv)–(xc) [Reserved] tablish cooperative agreements with (xci) Administer education programs land-grant colleges and universities (7 on Indian reservations and tribal juris- U.S.C. 8914(c)). dictions (7 U.S.C. 5930). (lxxiii) Establish a National Plant (xcii) [Reserved] Disease Recovery System to engage in (xciii) Administer a demonstration strategic long-range planning to re- grants program for support of an as- cover from high-consequence plant sistive technology program for farmers transboundary diseases (7 U.S.C. with disabilities (7 U.S.C. 5933). 8914(d)). (xciv)–(xcvi) [Reserved] (lxxiv)–(lxxvi) [Reserved] (xcvii) Administer the Small Busi- (lxxvii) Administer research pro- ness Innovation Development Act of grams and grants for risk assessment 1982 for USDA (15 U.S.C. 638(e)–(k)). research to address concerns about the (xcviii) Coordinate Departmental environmental effects of biotechnology policies under the Toxic Substance (7 U.S.C. 5921). Control Act (15 U.S.C. 2601–2629).

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(xcix) Provide educational and tech- (cx) Perform research, development, nical assistance in implementing and and extension activities in aquaculture administering the Conservation Re- (16 U.S.C. 2804 and 2806). serve Program authorized in sections (cxi) Administer an experienced serv- 1231–1244 of the Food Security Act of ices program to obtain technical, pro- 1985 (Pub. L. No. 99–198, 99 Stat. 1509 (16 fessional, and administrative services U.S.C. 3831–3844)). to support the research, education, and (c) Enter into cooperative research economics mission area of the Depart- and development agreements with in- ment (16 U.S.C. 3851). dustry, universities, and others; insti- (cxii) Copy and deliver on demand se- tute a cash award program to reward lected articles and other materials scientific, engineering, and technical from the Department’s collections by personnel; award royalties to inven- photographic reproduction or other tors; and retain and use royalty income means within the permissions, con- (15 U.S.C. 3710a–3710c). straints, and limitations of sections (ci) Coordinate USDA activities dele- 106, 107, and 108 of the Copyright Act of gated under 15 U.S.C. 3710a–3710c. October 19, 1976, (17 U.S.C. 106, 107, and (cii) Conduct educational and dem- 108). onstrational work in Cooperative Farm (cxiii) Authorize the use of the 4-H Forestry Programs (16 U.S.C. 568). Club name and emblem (18 U.S.C. 707). (ciii) Administer a cooperative for- (cxiv) Maintain a National Arbo- estry program in accordance with the retum for the purposes of research and McIntire-Stennis Cooperative Forestry education concerning tree and plant Act, and administer a competitive for- life, and order disbursements from the estry, natural resources, and environ- Treasury, in accordance with the Act mental grant program (16 U.S.C. 582a– of March 4, 1927 (20 U.S.C. 191 et seq.). 582–8). (cxv) Conduct research on foot-and- (civ) Establish and administer the mouth disease and other animal dis- Forestry Student Grant Program to eases (21 U.S.C. 113a). provide competitive grants to assist (cxvi) [Reserved] the expansion of the professional edu- cation of forestry, natural resources, (cxvii) Obtain and furnish Federal ex- and environmental scientists (16 U.S.C. cess property to eligible recipients for 1649). use in the conduct of research and ex- tension programs (40 U.S.C. 525(c)). (cv) Provide for an expanded and comprehensive extension program for (cxviii) Conduct research demonstra- forest and rangeland renewable re- tion and promotion activities related sources (16 U.S.C. 1671–1676). to farm dwellings and other buildings (cvi) Provide technical, financial, and for the purposes of reducing costs and educational assistance to State for- adapting and developing fixtures and esters and State extension directors on appurtenances for more efficient and rural forestry assistance (16 U.S.C. economical farm use (42 U.S.C. 1476(b)). 2102). (cxix)–(cxx) [Reserved] (cvii) Provide educational assistance (cxxi) Administer a Cooperative Agri- to State foresters under the Forest cultural Extension Program related to Stewardship Program (16 U.S.C. 2103a). agriculture, uses of solar energy with (cviii) Implement and conduct an respect to agriculture, home econom- educational program to assist the de- ics, and rural energy in the District of velopment of Urban and Community Columbia (D.C. Code 38–1202.09). Forestry Programs (16 U.S.C. 2105). (cxxii) [Reserved] (cix) Provide staff support to the Sec- (cxxiii) Exercise the responsibilities retary of Agriculture in his or her role of the Secretary under regulations as permanent Chair for the Joint Sub- dealing with Equal Employment Oppor- committee on Aquaculture established tunity in the Cooperative Extension by the National Aquaculture Act of Service (part 18 of this title). 1980 and coordinate aquacultural ac- (cxxiv) Represent the Department on tivities within the Department (16 the Federal Interagency Committee on U.S.C. 2805). Education.

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(cxxv) Assure the acquisition, preser- formed armed guards and special po- vation, and accessibility of all informa- licemen, make all needful rules and tion concerning food and agriculture regulations, and annex to such rules by providing leadership to and coordi- and regulations such reasonable pen- nation of the acquisition programs and alties (not to exceed those prescribed related activities of the library and in- in 40 U.S.C. 318(c), as will ensure their formation systems, with the agencies enforcement, for the protection of per- of USDA, other Federal departments sons, property, buildings, and grounds and agencies, State agricultural exper- of the Arboretum, Washington, DC; the iment stations, colleges and univer- U.S. Meat Animal Research Center, sities, and other research institutions Clay Center, NE; the Agricultural Re- and organizations. search Center, Beltsville, MD; and the (cxxvi) Formulate, write, or prescribe Animal Disease Center, Plum Island, bibliographic and technically related NY, over which the United States has standards for the library and informa- exclusive or concurrent criminal juris- tion services of USDA (7 U.S.C. 3125a et diction, in accordance with the limita- seq.). tions and requirements of the Federal (cxxvii) Determine by survey or other Property and Administrative Services appropriate means, the information Act of 1949, as amended (40 U.S.C. 471 et needs of the Department’s scientific, seq.), the Act of June 1, 1948, as amend- professional, technical, and adminis- ed (40 U.S.C. 318 et seq.), and the poli- trative staffs, its constituencies, and cies, procedures, and controls pre- the general public in the areas of food, scribed by the General Services Admin- agriculture, the environment, and istration. Any rules or regulations pro- other related areas. mulgated under this authority shall be (cxxviii) Represent the Department approved by the Director, Office of Op- on all library and information science erations, and the General Counsel prior matters before Congressional Commit- to issuance. tees and appropriate commissions, and (cxxxiv) Represent the Department provide representation to the coordi- on the National Science and Tech- nating committees of the Federal and nology Council. State governments concerned with li- (cxxxv) Administer the Department’s brary and information science activi- Patent Program except as delegated to ties. the General Counsel in § 2.31(a)(5). (cxxix) Represent the Department in international organizational activities (cxxxvi) Review cooperative research and on international technical com- and development agreements entered mittees concerned with agricultural into pursuant to 15 U.S.C. 3710a–3710c, science, education, and development with authority to disapprove or require activities, including library and infor- the modification of any such agree- mation science activities. ment. (cxxx) Prepare and disseminate com- (cxxxvii) Establish and administer a puter files, indexes and abstracts, bib- 1994 Institutions Endowment Fund and liographies, reviews, and other analyt- to enter into agreements necessary to ical information tools. do this (Section 533(b) and (c) of the (cxxxi) Arrange for the consolidated Equity in Educational Land-Grant Sta- purchasing and dissemination of print- tus Act of 1994, 7 U.S.C. 301 note). ed and automated indexes, abstracts, (cxxxviii) Make grants in equal journals, and other widely used infor- amounts to 1994 Land-Grant Institu- mation resources and services. tions to be used in the same manner as (cxxxii) Provide assistance and sup- is prescribed for colleges under the Act port to professional organizations and of August 30, 1890 (7 U.S.C. 321 et seq.), others concerned with library and in- and subject to the requirements of such formation science matters and issues. Act (Section 534(a) of the Equity in (cxxxiii) Pursuant to the authority Educational Land-Grant Status Act of delegated by the Administrator of Gen- 1994, 7 U.S.C. 301 note). eral Services to the Secretary of Agri- (cxxxix) Make competitive Institu- culture in 34 FR 6406, 36 FR 1293, 36 FR tional Capacity Building Grants to as- 18440, and 38 FR 23838, appoint uni- sist 1994 Land-Grant Institutions with

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constructing, acquiring, and remod- ronmental Quality Incentives Program eling buildings, laboratories, and other (16 U.S.C. 3830 et seq.). capital facilities (including fixtures (cli) Ensure that agricultural re- and equipment) necessary to conduct search conducted by the Agricultural instructional activities more effec- Research Service, and agricultural re- tively in agriculture and sciences (Sec- search, extension, or education activi- tion 535 of the Equity in Educational ties administered by the National In- Land-Grant Status Act of 1994, 7 U.S.C. stitute of Food and Agriculture on a 301 note). competitive basis address a concern (cxl) Make competitive grants to 1994 that is a priority and has national, Land-Grant Institutions to conduct ag- multistate, or regional significance (7 ricultural research that addresses high U.S.C. 7611). priority concerns of tribal, national, or (clii) Solicit and consider input and multistate significance (Section 536 of recommendations from persons who the Equity in Educational Land-Grant conduct or use agricultural research, Status Act of 1994, 7 U.S.C. 301 note). extension, or education and, after con- (cxli) Implement and administer the sultation with appropriate subcabinet Community Food Projects Program officials, establish priorities for agri- under section 25 of the Food and Nutri- cultural research, extension, and edu- tion Act of 2008 (7 U.S.C. 2034). cation activities conducted or funded by the Department; promulgate regula- (cxlii) In consultation with the Under tions concerning implementation of a Secretary for Food, Nutrition, and process for obtaining stakeholder input Consumer Services, administer pilot at 1862, 1890, and 1994 Institutions and projects to encourage the use of public- Hispanic-serving agricultural colleges private partnerships committed to ad- and universities; and ensure that feder- dressing food insecurity (7 U.S.C. ally supported and conducted agricul- 2036d). tural research, extension, and edu- (cxliii) Coordinate the Department of cation activities are accomplished in Agriculture summer intern program accord with identified management pursuant to section 922 of the Federal principles (7 U.S.C. 7612). Agriculture Improvement and Reform (cliii) Establish procedures that pro- Act (7 U.S.C. 2279c). vide for scientific peer review of each (cxliv) Develop and carry out a sys- agricultural research grant adminis- tem to monitor and evaluate agricul- tered on a competitive basis, and for tural research and extension activities merit review of each agricultural ex- conducted or supported by the Depart- tension or education grant adminis- ment that will enable the Secretary to tered, on a competitive basis, by the measure the impact and effectiveness National Institute of Food and Agri- of research, extension, and education culture (7 U.S.C. 7613(a)). programs according to priorities, goals, (cliv) Consider the results of the an- and mandates established by law. Con- nual review performed by the National duct a comprehensive review of state- Agricultural Research, Extension, Edu- of-the-art information technology sys- cation, and Economics Advisory Board tems for use in developing the system regarding the relevance to priorities of (7 U.S.C. 3129). the funding of all agricultural re- (cxlv)–(cxlvi) [Reserved] search, extension, or education activi- (cliii) Establish procedures that pro- ties conducted or funded by the Depart- vide for scientific peer review of each ment and the adequacy of funding, agricultural research grant adminis- when formulating each request for pro- tered on a competitive basis, and for posals, and evaluating proposals, in- relevancy and merit review of each ag- volving an agricultural research, ex- ricultural research, extension, or edu- tension, or education activity funded, cation grant administered on a com- on a competitive basis, by the Depart- petitive basis, by the National Insti- ment; and solicit and consider input tute of Food and Agriculture (7 U.S.C. from persons who conduct or use agri- 7613(a)). cultural research, extension, or edu- (cl) Provide technical assistance to cation regarding the prior year’s re- farmers and ranchers under the Envi- quest for proposals for each activity

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funded on a competitive basis (7 U.S.C. fice at the National Agricultural Li- 7613(c)). brary to provide to the research com- (clv) Establish, in consultation with munity and the general public informa- appropriate subcabinet officials, proce- tion on publicly and privately funded dures to ensure scientific peer review food safety research initiatives (7 of all research activities conducted by U.S.C. 7654(a)). the Department (7 U.S.C. 7613(d)). (clxviii) Develop a national program (clvi) Require a procedure to be es- of safe food handling education for tablished by each 1862, 1890, and 1994 In- adults and young people to reduce the stitution and Hispanic-serving agricul- risk of food-borne illness (7 U.S.C. tural college and university, for merit 7655). review of each agricultural research (clxix) Conduct a performance eval- and extension activity funded and re- uation to determine whether federally view of the activity in accordance with funded agricultural research, exten- the procedure (7 U.S.C. 7613(e)). (clvii)–(clix) [Reserved] sion, and education programs result in (clx) Coordinate the resources of the public goods that have national or Department to develop, commercialize, multistate significance, including and promote the use of biobased prod- through a contract with one or more ucts, and enter into cooperative agree- entities to provide input and rec- ments with private entities to operate ommendations with respect to feder- pilot plants and other large-scale prep- ally funded agricultural research, ex- aration facilities under which the fa- tension, and education programs (7 cilities and technical expertise of the U.S.C. 7671). Agricultural Research Service may be (clxx) [Reserved] made available (7 U.S.C. 7624). (clxxi) Take a census of agriculture (clxi) [Reserved] in 1998 and every fifth year thereafter (clxii) Administer competitive grants pursuant to the Census of Agriculture for integrated, multifunctional agricul- Act of 1997, Public Law 105–113 (7 U.S.C. tural research, education, and exten- 2204g); ensure that the census of agri- sion activities (7 U.S.C. 7626). culture documents the number, loca- (clxiii) Administer a coordinated pro- tion, and economic contributions of so- gram of research, extension, and edu- cially disadvantaged farmers or ranch- cation to improve the competitiveness, ers in agricultural production (7 U.S.C. viability, and sustainability of small 2279(h)). and medium size dairy, livestock, and (clxxii) Cooperate with other Federal poultry operations (7 U.S.C. 7627). agencies (including the National (clxiv) Administer grants to con- Science Foundation) in issuing joint sortia of land-grant colleges and uni- requests for proposals, awarding versities to enhance the ability of the grants, and administering grants under consortia to carry out multi-State re- any competitive agricultural research, search projects aimed at understanding education, or extension grant program and combating diseases of wheat, (7 U.S.C. 3319b). triticale, and barley caused by Fusar- ium graminearum and related fungi or (clxxiii) Administer a program of Tilletia indica and related fungi (7 competitive grants, establish edu- U.S.C. 7628). cation teams, and establish an online (clxv) Operate and administer the clearinghouse of curricula and training Food Animal Residue Avoidance Data- materials and programs, all for train- base through contracts, grants, or co- ing, education, outreach, and technical operative agreements with appropriate assistance initiatives for the benefit of colleges or universities (7 U.S.C. 7642). beginning farmers and ranchers (7 (clxvi) Update on a periodic basis, nu- U.S.C. 2279d). trient composition data and report to (clxxiv) Administer agricultural re- Congress the method that will be used search, education, and extension ac- to update the data and the timing of tivities (including through competitive the update (7 U.S.C. 7651). grants), using any authority available (clxvii) Establish and maintain a to the Secretary, to reduce the vulner- Food Safety Research Information Of- ability of the United States food and

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agricultural system to chemical or bio- trict of Columbia to acquire, alter, or logical attack, to continue partner- repair facilities or relevant equipment ships with institutions of higher edu- necessary for conducting agricultural cation and other institutions to help research (7 U.S.C. 3222b–1). form stable, long-term programs to en- (clxxxiv) Administer grants to assist hance the biosecurity of the United the land-grant colleges and universities States, to make competitive grants to in insular areas to acquire, alter, or re- universities and qualified research in- pair facilities or relevant equipment stitutions for research on necessary for conducting agricultural counterbioterrorsims, and to counter research; and to support tropical and or otherwise respond to chemical or bi- subtropical agricultural research, in- ological attack (7 U.S.C. 3351). cluding pest and disease research (7 (clxxv) Administer a program of com- U.S.C. 3222b–2). petitive grants to colleges and univer- (clxxxv) Enter into agreements nec- sities for expansion and security up- essary to administer an Hispanic-Serv- grades to enhance the security of agri- ing Agricultural Colleges and Univer- culture against bioterrorism threats (7 sities Fund; enter into agreements nec- U.S.C. 3352). essary to administer a program of (clxxvi) Administer programs for dis- making annual payments to Hispanic- tance education grants and resident in- serving agricultural colleges and uni- struction grants to eligible institutions versities; administer an institutional in insular areas that have demon- capacity-building grants program for strable capacity to carry out teaching Hispanic-serving agricultural colleges and extension programs in the food and and universities; administer a competi- agricultural sciences (7 U.S.C. 3361– tive grants program to fund funda- 3363). mental and applied research and exten- (clxxvii) [Reserved] sion at Hispanic-serving agricultural (clxxviii) Administer a program of colleges and universities and to award cooperative research (including competitive grants to Hispanic-serving through competitive award of grants agricultural colleges and universities and cooperative agreements to colleges to provide for training in the food and and universities) and extension agricultural sciences of Hispanic agri- projects on carbon cycling in soils and cultural workers and Hispanic youth plants, the exchange of other green- working in the food and agricultural house gases from agriculture, and the sciences (7 U.S.C. 3243). carbon sequestration benefits of con- servation practices (7 U.S.C. 6711). (clxxxvi) Administer the New Era (clxxix) [Reserved] Rural Technology Program to make (clxxx) Administer a program of grants for technology development, ap- grants to the Girl Scouts of the United plied research, and training to aid in States of America, the Boy Scouts of the development of an agriculture- America, the National 4-H Council, and based renewable energy workforce (7 the National FFA Organization to es- U.S.C. 3319e). tablish pilot projects to expand the (clxxxvii) Administer a competitive programs carried out by the organiza- grants program to assist NLGCA Insti- tions in rural areas and small towns (7 tutions in maintaining and expanding U.S.C. 7630). capacity to conduct education, re- (clxxxi) Oversee implementation of search, and outreach activities relating the termination of Federal schedule A to agriculture, renewable resources, civil service appointments of State ag- and other similar disciplines (7 U.S.C. ricultural extension employees at land- 3319i). grant colleges and universities (section (clxxxviii) [Reserved] 7220 of Pub. L. 107–171). (clxxxix) Administer a competitive (clxxxii) Administer a program of research and extension grants program grants to the Food and Agricultural to improve the farm management Policy Research Institute (section 10805 knowledge and skills of agricultural of Pub. L. 107–171). producers and establish and maintain a (clxxxiii) Administer grants to assist national, publicly available farm finan- the land-grant university in the Dis- cial management database to support

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improved farm management (7 U.S.C. of qualified agricultural counter- 5925f). measures (7 U.S.C. 8921). (cxc) Administer the Specialty Crop (cciii) Administer a competitive Research Initiative (7 U.S.C. 7632). grants program to promote the devel- (cxci) Exchange, sell, or otherwise opment of teaching programs in agri- dispose of animals, animal products, culture, veterinary medicine, and dis- plants, and plant products, and use the ciplines closely allied to the food and sale or other proceeds to acquire such agriculture system to increase the items or to offset costs related to the number of trained individuals with an maintenance, care, or feeding of such expertise in agricultural biosecurity (7 items (7 U.S.C. 2241a). U.S.C. 8922). (cxcii) Establish and administer a (cciv) Administer a program of pro- pilot program at the Beltsville Agricul- viding grants to Alaska Native serving tural Research Center and National institutions and Native Hawaiian serv- Agricultural Library to lease non- ing institutions for the purpose of pro- excess property (7 U.S.C. 3125a note). moting and strengthening the ability (cxciii) Lease land at the of those institutions to carry out edu- Grazinglands Research Laboratory at cation, applied research, and related El Reno, , pursuant to sec- community development programs (7 tion 7503 of the Food, Conservation, U.S.C. 3156). and Energy Act of 2008 (Pub. L. 110– (ccv) Administer a competitive grant 246). program for national food safety train- (cxciv) Administer a competitive re- ing, education, extension, outreach, search and education grants program and technical assistance (7 U.S.C. 7625). relating to antibiotics and antibiotic- (ccvi) Administer a food insecurity resistant bacteria (7 U.S.C. 3202). nutrition incentive program (7 U.S.C. (cxcv) Administer a competitive 7517). grants program to establish and main- (ccvii) Administer a food and agri- tain a Farm and Ranch Stress Assist- culture service learning grant program ance Network (7 U.S.C. 5936). (7 U.S.C. 7633). (cxcvi) [Reserved] (ccviii) Administer a veterinary serv- (cxcvii) Administer a natural prod- ices grant program (7 U.S.C. 3151b). ucts research program (7 U.S.C. 5937). (ccix) Enter into grants, contracts, (cxcviii) Administer a Sun Grants cooperative agreements, or other legal Program (7 U.S.C. 8114). instruments with former Department (cxcix) [Reserved] of Agriculture agricultural research fa- (cc) Administer a competitive grant cilities (7 U.S.C. 3315(b)). program to support the development (ccx) Administer a forestry and for- and expansion of advanced training estry products research and extension programs in agricultural biosecurity initiative (7 U.S.C. 7655b). planning and response for food science (ccxi) Submit to Congress an annual professionals and veterinarians (7 report describing agricultural research, U.S.C. 8913). extension, and education activities car- (cci) Administer the Biomass Re- ried out by the Federal Government (7 search and Development Initiative (7 U.S.C. 7614c(f)). U.S.C. 8108(e)); consult and coordinate, (ccxii) Enter into cooperative agree- as appropriate, with the Under Sec- ments with institutions of higher edu- retary for RD and other mission areas cation regarding the dissemination of of the Department as deemed necessary agricultural and food law research, in carrying the authorities delegated legal tools, and information (7 U.S.C. herein; serve as the designated point of 3125a–1). contact referenced in 7 U.S.C. 8108 for (ccxiii) Consult with the Foundation the Department for purposes of admin- for Food and Agriculture Research re- istering the Biomass Research and De- garding the identification of existing velopment Initiative. and proposed Federal intramural and (ccii) Administer a competitive extramural research and development grants program to encourage basic and programs relating to the purposes of applied research and the development the Foundation and the coordination of

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Foundation activities with those pro- Federal health and safety standards grams for the purpose of minimizing and wage and labor standards applica- duplication of existing efforts and ble to covered work; and emergency avoiding conflicts (7 U.S.C. procurement powers; 5939(d)(1)(B)). (iii) Section 104(i)(11) of the Act (42 (2) Related to committee management. U.S.C. 9604(i)(11)), with respect to the Establish or reestablish regional, state reduction of exposure to significant and local advisory committees for the risk to human health; activities authorized. This authority (iv) Section 104(j) of the Act (42 may not be redelegated. U.S.C. 9604(j)), with respect to the ac- (3) Related to defense and emergency quisition of real property and interests preparedness. Administer the respon- in real property required to conduct a sibilities and functions assigned under remedial action; the Defense Production Act of 1950, as (v) The first two sentences of section amended (50 U.S.C. App. 2061 et seq.), 105(d) of the Act (42 U.S.C. 9605(d)), and title VI of the Robert T. Stafford with respect to petitions for prelimi- Disaster Relief and Emergency Assist- nary assessment of a release or threat- ance Act (42 U.S.C. 5195 et seq.), con- ened release; cerning scientific and educational pro- (vi) Section 105(f) of the Act (42 grams; estimates of supplies of agricul- U.S.C. 9605(f)), with respect to consider- tural commodities and evaluation of ation of the availability of qualified requirements therefor; coordination of minority firms in awarding contracts, damage assessment; food and agricul- but excluding that portion of section tural aspects of economic stabilization, 105(f) pertaining to the annual report economic research, and agricultural to Congress; statistics; and the coordination of en- ergy programs. (vii) Section 109 of the Act (42 U.S.C. (4) Related to rural development ac- 9609), with respect to the assessment of tivities. Provide guidance and direc- civil penalties for violations of section tion for the accomplishment of activi- 122 of the Act (42 U.S.C. 9622), and the ties authorized under Section V of the granting of awards to individuals pro- Rural Development Act of 1972, as viding information; amended (7 U.S.C. 2661 et seq.), for pro- (viii) Section 111(f) of the Act (42 grams under the control of the Under U.S.C. 9611(f)), with respect to the des- Secretary for Research, Education, and ignation of officials who may obligate Economics, coordinating the policy as- money in the Hazardous Substances pects thereof with the Under Secretary Superfund; for Rural Development. (ix) Section 113(k) of the Act (42 (5) Related to environmental response. U.S.C. 9613(k)), with respect to estab- With respect to land and facilities lishing an administrative record upon under his or her authority, exercise the which to base the selection of a re- functions delegated to the Secretary by sponse action and identifying and noti- Executive Order 12580, 3 CFR, 1987 fying potentially responsible parties; Comp., p. 193, under the following pro- (x) Section 116(a) of the Act (42 U.S.C. visions of the Comprehensive Environ- 9616(a)), with respect to preliminary as- mental Response, Compensation, and sessment and site inspection of facili- Liability Act of 1980 (‘‘the Act’’), as ties; amended: (xi) Sections 117 (a) and (c) of the Act (i) Sections 104 (a), (b), and (c)(4) of (42 U.S.C. 9617 (a) and (c)), with respect the Act (42 U.S.C. 9604 (a), (b), and to public participation in the prepara- (c)(4)), with respect to removal and re- tion of any plan for remedial action medial actions in the event of release and explanation of variances from the or threatened release of a hazardous final remedial action plan for any re- substance, pollutant, or contaminant medial action or enforcement action, into the environment; including any settlement or consent (ii) Sections 104(e)–(h) of the Act (42 decree entered into; U.S.C. 9604(e)–(h)), with respect to in- (xii) Section 119 of the Act (42 U.S.C. formation gathering and access re- 9119), with respect to indemnifying re- quests and orders; compliance with sponse action contractors;

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(xiii) Section 121 of the Act (42 U.S.C. ed. As used herein the term ‘‘research’’ 9621), with respect to cleanup stand- includes: ards; and (A) Research on the nutrient com- (xiv) Section 122 of the Act (42 U.S.C. position of foods and the effects of agri- 9622), with respect to settlements, but cultural practices, handling, food proc- excluding section 122(b)(1) of the Act essing, and cooking on the nutrients (42 U.S.C. 9622(b)(1)), related to mixed they contain; funding agreements. (B) Surveillance of the nutritional (6) Related to compliance with environ- benefits provided to participants in the mental laws. With respect to facilities food programs administered by the De- and activities under his or her author- partment; and ity, to exercise the authority of the (C) Research on the factors affecting Secretary of Agriculture pursuant to food preference and habits (7 U.S.C. section 1–102 related to compliance 3171–3173, 3175). with applicable pollution control (ii) The authority in paragraph standards and section 1–601 of Execu- (a)(7)(i) of this section includes the au- tive Order 12088, 3 CFR, 1978 Comp., p. thority to: 243, to enter into an inter-agency (A) Appraise the nutritive content of agreement with the United States En- the U.S. food supply; vironmental Protection Agency, or an (B) Develop and make available data administrative consent order or a con- on the nutrient composition of foods sent judgment in an appropriate State, needed by Federal, State, and local interstate, or local agency, containing agencies administering food and nutri- a plan and schedule to achieve and tion programs, and the general public, maintain compliance with applicable to improve the nutritional quality of pollution control standards established diets; pursuant to the following: (C) Coordinate nutrition education (i) Solid Waste Disposal Act, as research projects within the Depart- amended by the Resource Conservation ment; and and Recovery Act, as further amended (D) Maintain data generated on food by the Hazardous and Solid Waste composition in a National Nutrient Amendments, and the Federal Facility Data Bank. Compliance Act (42 U.S.C. 6901 et seq.); (iii) Conduct, in cooperation with the (ii) Federal Water Pollution Preven- Department of Health and Human tion and Control Act, as amended (33 Services, the National Nutrition Moni- U.S.C. 1251 et seq.); toring and Related Research Program. Included in this delegation is the au- (iii) Safe Drinking Water Act, as thority to: amended (42 U.S.C. 300f et seq.); (A) Design and carry out periodic na- (iv) Clean Air Act, as amended (42 tionwide food consumption surveys to U.S.C. 7401 ); et seq. measure household food consumption; (v) Noise Control Act of 1972, as (B) Design and carry out a contin- amended (42 U.S.C. 4901 et seq.); uous, longitudinal individual intake (vi) Toxic Substances Control Act, as survey of the United States population amended (15 U.S.C. 2601 et seq.); and special high-risk groups; and (vii) Federal Insecticide, Fungicide, (C) Design and carry out methodo- and Rodenticide Act, as amended (7 logical research studies to develop im- U.S.C. 136 et seq.); and proved procedures for collecting house- (viii) Comprehensive Environmental hold and individual food intake con- Response, Compensation, and Liability sumption data; Act of 1980, as amended by the Super- (iv) [Reserved] fund Amendments and Reauthorization (v) Co-chair with the Assistant Sec- Act of 1986 (42 U.S.C. 9601 et seq.). retary for Health, Department of (7) Related to national food and human Health and Human Services, the Inter- nutrition research. (i) Administer a Na- agency Board for Nutrition Monitoring tional Food and Human Nutrition Re- and Related Research for the develop- search Program under the National Ag- ment and coordination of a Ten-Year ricultural Research, Extension, and Comprehensive Plan as required by Teaching Policy Act of 1977, as amend- Pub. L. No. 101–445, 7 U.S.C. 5301 et seq.

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(8) Related to economic research and plied by any person, firm, partnership, statistical reporting. (i) Conduct eco- corporation, or association (18 U.S.C. nomic research on matters of impor- 1902, 1903, and 2072). tance to cooperatives as authorized by (vi) Improve statistics in the Depart- the Agricultural Marketing Act of 1946 ment; maintain liaison with OMB and (7 U.S.C. 1621–1627). other Federal agencies for coordination (ii) Conduct economic and social of statistical methods and techniques. science research and analyses relating (vii) Investigate and make findings to: as to the effect upon the production of (A) Food and agriculture situation food and upon the agricultural econ- and outlook; omy of any proposed action pending be- (B) The production, marketing, and fore the Administrator of the Environ- distribution of food and fiber products mental Protection Agency for presen- (excluding forest and forest products), tation in the public interest, before including studies of the performance of said Administrator, other agencies, or the food and agricultural sector of the before the courts. economy in meeting needs and wants of (viii) Review economic data and anal- consumers; yses used in speeches by Department (C) Basic and long-range, worldwide, personnel and in materials prepared for economic analyses and research on sup- release through the press, radio, and ply, demand, and trade in food and television. fiber products and the effects on the (ix) Coordinate all economic analysis U.S. food and agriculture system, in- and review all decisions involving sub- cluding general economic analyses of stantial economic policy implications. the international financial and mone- (x) Cooperate and work with national tary aspects of agricultural affairs; and international institutions and (D) Natural resources, including other persons throughout the world in studies of the use and management of the performance of agricultural re- land and water resources, the quality search and extension activities to pro- of these resources, resource institu- mote and support the development of a tions, and watershed and river basin viable and sustainable global and agri- development problems; and cultural system. Such work may be (E) Rural people and communities, as carried out by: authorized by title II of the Agricul- (A) Exchanging research materials tural Marketing Act of 1946, as amend- and results with the institutions or ed (7 U.S.C. 1621–1627), and the Act of persons; June 29, 1935, as amended (7 U.S.C. 427). (B) Engaging in joint or coordinated (iii) [Reserved] research; (iv) Prepare crop and livestock esti- (C) Entering into cooperative ar- mates and administer reporting pro- rangements with Departments and grams, including estimates of produc- Ministries of Agriculture in other na- tion, supply, price, and other aspects of tions to conduct research, extension; the U.S. agricultural economy, collec- and education activities (limited to ar- tion of statistics, conduct of enumera- rangements either involving no ex- tive and objective measurement sur- change of funds or involving disburse- veys, construction and maintenance of ments by the agency to the institu- sampling frames, and related activi- tions of other nations), and then re- ties. Prepare reports of the Agricul- porting these arrangements to the Sec- tural Statistics Board covering official retary of Agriculture; state and national estimates (7 U.S.C. (D) Stationing representatives at 476, 951, and 2204). such institutions or organizations in (v) Take such security precautions as foreign countries; or are necessary to prevent disclosure of (E) Entering into agreements with crop or livestock report information land-grant colleges and universities, prior to the scheduled issuance time other organizations, institutions, or in- approved in advance by the Secretary dividuals with comparable goals, and of Agriculture and take such actions as with the concurrence of the Foreign are necessary to avoid disclosure of Agricultural Service, USDA, inter- confidential data or information sup- national organizations (limited to

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agreements either involving no ex- and Nationality Act, as amended, 8 change of funds or involving disburse- U.S.C. 1182(e) and 22 CFR 41.63(2)(3). ments by the agency to the coop- (10) Related to hazardous materials erator), and then reporting these agree- management. (i) Serve on the USDA ments to the Secretary of Agriculture Hazardous Materials Policy Council. (7 U.S.C. 3291(a)). (ii) Recommend actions and policies (xi) Collect and, not less frequently that enable USDA agencies under his than once every 3 years report, data or her authority to comply with the in- and analysis on farmland ownership, tent, purposes, and standards of envi- tenure, transition, and entry of begin- ronmental laws for pollution preven- ning farmers and ranchers and socially tion, control, and abatement. disadvantaged farmers and ranchers (7 (iii) Consult with the United States U.S.C. 2204i). Environmental Protection Agency and (xii) Enter into contracts, grants, or other appropriate Federal agencies in cooperative agreements to further re- developing pollution prevention, con- search and statistical reporting pro- trol, and abatement policies and pro- grams in the food and agricultural grams relating to agencies under his or sciences (7 U.S.C. 3318). her authority. (xiii) Enter into cost-reimbursable (11) Related to scientific integrity. (i) agreements relating to agricultural re- Provide to the Secretary information search and statistical reporting (7 on topics that can benefit from sci- U.S.C. 3319a). entific input to ensure informed deci- (xiv) Conduct surveys and analysis sion-making at the highest levels of and publish reports relating to organic Government. production, handling, distribution, re- (ii) Facilitate the coordination and tail, and trend studies (including con- collaboration within the Department sumer purchasing patterns); develop on high priority science issues that surveys and report statistical analysis will benefit from intra-Departmental on organically produced agricultural collaboration, including coordinating products (7 U.S.C. 5925c). the assessment of the relevance, qual- (xv) Assist the Under Secretary for ity, performance, and impact of the De- Marketing and Regulatory Programs partment’s efforts in science. with respect to Dairy Product Manda- (iii) Build partnerships within the tory Reporting (7 U.S.C. 1637–1637b). scientific community by serving as a (xvi) Include in each issuance of pro- point of contact for interactions with jections of net farm income an esti- other agencies of science, universities, mate of the net farm income earned by and other external members of the sci- commercial producers in the United entific community for the purpose of States that will in addition show the leveraging and promoting relationships estimate of net farm income attrib- to explore common scientific interests utable to commercial producers of live- and shared goals. stock, loan commodities, and agricul- (iv) Develop mechanisms to address tural commodities other than loan scientific integrity within the Depart- commodities (7 U.S.C. 7998). ment. (xvii) Ensure that studies carried out (v) Serve as Chair of the USDA by the Economic Research Service doc- Science Council. ument the number, location, and eco- (12) Related to coordination of agricul- nomic contributions of socially dis- tural research, education, and extension advantaged farmers or ranchers in ag- programs and activities. Coordinate the ricultural production (7 U.S.C. 2279(h)). agricultural research, education, and (xviii) Coordinate implementation of extension activities of the Department section 10016 of the Agricultural Act of pursuant to sections 251(c)(2) and 2014 regarding locally or regionally 251(d)(2) of the Department of Agri- produced agricultural food products (7 culture Reorganization Act of 1994 (7 U.S.C. 2204h). U.S.C. 6971(c)(2), (d)(2)). (9) Related to immigration. Serve as (13) Carry out prize competition au- the designee of the Secretary pursuant thorities in section 24 of the Steven- to Section 212(e) of the Immigration son-Wydler Technology Innovation Act

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of 1980 (15 U.S.C. 3719) related to func- (A) Studies of facilities and methods tions otherwise delegated to the Under used in physical distribution of food Secretary for Research, Education, and and other farm products; Economics, except for authorities dele- (B) Studies designed to improve han- gated to the Chief Financial Officer in dling of all agricultural products as § 2.28(a)(29) and authorities reserved to they are moved from farms to con- the Secretary in paragraph (b)(3) of sumers; and this section. (C) Application of presently available (b) The following authorities are re- scientific knowledge to the solution of served to the Secretary of Agriculture: practical problems encountered in the (1) Related to science and education. marketing of agricultural products (7 (i)–(iii) [Reserved] U.S.C. 1621–1627b). (iv) Final concurrence in Equal Em- (iii) Exercise the functions of the ployment Opportunity Programs with- Secretary of Agriculture relating to in the cooperative extension programs the transportation activities contained submitted under part 18 of this title. in section 203(j) of the Agricultural (2) Related to economic research and Marketing Act of 1946 (7 U.S.C. 1622(j)) statistical reporting. as amended, but excepting matters oth- erwise assigned. (i) Final approval and issuance of the crop and livestock reports. (iv) Administer transportation ac- tivities under section 201 of the Agri- (ii) Final action on rules and regula- cultural Adjustment Act of 1938 (7 tions for the agricultural statistics U.S.C. 1291). board. (v) Apply results of economic re- (3) Approval of prize competitions search and operations analysis to that may result in the award of more evaluate transportation issues and to than $1,000,000 in cash prizes under sec- recommend revisions of current proce- tion 24(m)(4)(B) of the Stevenson- dures. Wydler Technology Innovation Act of (vi) Serve as the focal point for all 1980 (15 U.S.C. 3719(m)(4)(B)). Department transportation matters in- [60 FR 56393, Nov. 8, 1995] cluding development of policies and strategies. EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 2.21, see the List of CFR (vii) Cooperate with other Depart- Sections Affected, which appears in the mental agencies in the development Finding Aids section of the printed volume and recommendation of policies for in- and at www.govinfo.gov. land transportation of USDA and CCC- owned commodities in connection with § 2.22 Under Secretary for Marketing USDA programs. and Regulatory Programs. (viii) Exercise the functions of the (a) The following delegations of au- Secretary of Agriculture with respect thority are made by the Secretary to to the following legislation: the Under Secretary for Marketing and (A) U.S. Cotton Standards Act (7 Regulatory Programs: U.S.C. 51–65); (1) Related to agricultural marketing. (B) Cotton futures provisions of the (i) Exercise the functions of the Sec- Internal Revenue Code of 1954 (26 retary of Agriculture contained in the U.S.C. 4854, 4862–4865, 4876, and 7263); Agricultural Marketing Act of 1946, as (C) Cotton Statistics and Estimates amended (7 U.S.C. 1621 et seq.), includ- Act, as amended (7 U.S.C. 471–476), ex- ing payments to State Departments of cept as otherwise assigned; Agriculture in connection with cooper- (D) Naval Stores Act (7 U.S.C. 91–99); ative marketing service projects under (E) Tobacco Inspection Act (7 U.S.C. section 204(b) (7 U.S.C. 1623(b)), but ex- 511–511q); cepting matters otherwise assigned. (F) Wool Standard Act (7 U.S.C. 415b- (ii) Conduct marketing efficiency re- 415d); search and development activities di- (G) Agricultural Marketing Agree- rectly applicable to the conduct of the ment Act of 1937, as amended (7 U.S.C. Wholesale Market Development Pro- 601, 602, 608a-608e, 610, 612, 614, 624, 671– gram, specifically: 674);

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(H) Cotton Research and Promotion (Y) Wheat and Wheat Foods Research Act (7 U.S.C. 2101–2118), except as dele- and Nutrition Education Act (7 U.S.C. gated to the Under Secretary for Trade 3401–3417), except as delegated to the and Foreign Agricultural Affairs in Under Secretary for Trade and Foreign § 2.26(a)(1)(x); Agricultural Affairs in § 2.26(a)(1)(x); (I) Export Apple and Pear Act (7 (Z) Egg Products Inspection Act re- U.S.C. 581–590); lating to the Shell Egg Surveillance (J) Export Grape and Plum Act (7 Program, voluntary laboratory anal- U.S.C. 591–599); yses of egg products, and the Vol- (K) Titles I, II, IV, and V of the Fed- untary Egg Grading Program (21 U.S.C. eral Seed Act, as amended (7 U.S.C. 1031–1056); 1551–1575, 1591–1611); (AA) Section 32 of the Act of August (L) Perishable Agricultural Commod- 24, 1935 (7 U.S.C. 612c), as supplemented ities Act (7 U.S.C. 499a-499s); by the Act of June 28, 1937 (15 U.S.C. (M) Produce Agency Act (7 U.S.C. 713c), and related legislation, except 491–497); functions which are otherwise assigned (N) Tobacco Seed and Plant Expor- relating to the domestic distribution tation Act (7 U.S.C. 516–517); and donation of agricultural commod- ities and products thereof following the (O) Tobacco Statistics Act (7 U.S.C. procurement thereof; 501–508); (BB) Procurement of agricultural (P) Section 401(a) of the Organic Act commodities and other foods under sec- of 1944 (7 U.S.C. 415e); tion 6 of the National School Lunch (Q) Agricultural Fair Practices Act (7 Act of 1946, as amended (42 U.S.C. 1755); U.S.C. 2301–2306); (CC) [Reserved] (R) Wheat Research and Promotion (DD)Act of May 23, 1980, regarding in- Act (7 U.S.C. 1292 note), except as dele- spection of dairy products for export gated to the Under Secretary for Trade (21 U.S.C. 693); and Foreign Agricultural Affairs in (EE) The Pork Promotion, Research § 2.26(a)(1)(x); and Consumer Information Act of 1985 (S) Plant Variety Protection Act (7 (7 U.S.C. 4801–4819), except as delegated U.S.C. 2321–2331, 2351–2357, 2371–2372, to the Under Secretary for Trade and 2401–2404, 2421–2427, 2441–2443, 2461–2463, Foreign Agricultural Affairs in 2481–2486, 2501–2504, 2531–2532, 2541–2545, § 2.26(a)(1)(x)); 2561–2569, 2581–2583), except as delegated (FF) The Watermelon Research and to the Judicial Officer; Promotion Act (7 U.S.C. 4901–4916), ex- (T) Subtitle B of title I and section cept as delegated to the Under Sec- 301(4) of the Dairy and Tobacco Adjust- retary for Trade and Foreign Agricul- ment Act of 1983 (7 U.S.C. 4501–4513, tural Affairs in § 2.26(a)(1)(x); 4514(4)), except as delegated to the (GG) The Honey Research, Pro- Under Secretary for Trade and Foreign motion, and Consumer Information Act Agricultural Affairs in § 2.26(a)(1)(x); (7 U.S.C. 4601–4612), except as delegated (U) Potato Research and Promotion to the Under Secretary for Trade and Act (7 U.S.C. 2611–2627), except as dele- Foreign Agricultural Affairs in gated to the Under Secretary for Trade § 2.26(a)(1)(x); and Foreign Agricultural Affairs in (HH) Subtitles B and C of the Dairy § 2.26(a)(1)(x); Production Stabilization Act of 1983, as (V) [Reserved] amended (7 U.S.C. 4501–4513, 4531–4538); (W) Egg Research and Consumer In- (II) The Floral Research and Con- formation Act (7 U.S.C. 2701–2718), ex- sumer Information Act (7 U.S.C. 4301– cept as delegated to the Under Sec- 4319), except as delegated to the Under retary for Trade and Foreign Agricul- Secretary for Trade and Foreign Agri- tural Affairs in § 2.26(a)(1)(x); cultural Affairs in § 2.26(a)(1)(x); (X) Beef Research and Information (JJ) Section 213 of the Tobacco Ad- Act, as amended (7 U.S.C. 2901–2918), ex- justment Act of 1983, as amended (7 cept as delegated to the Under Sec- U.S.C. 511r); retary for Trade and Foreign Agricul- (KK) National Laboratory Accredita- tural Affairs in §§ 2.26(a)(1)(xiv) and tion Program (7 U.S.C. 138–138i) with (a)(3)(x); respect to laboratories accredited for

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pesticide residue analysis in fruits and Agricultural Affairs in § 2.26(a)(1)(x); vegetables and other agricultural com- and modities, except those laboratories (WW) The Fresh Cut Flowers and analyzing only meat and poultry prod- Fresh Cut Greens Promotion and Con- ucts; sumer Information Act (7 U.S.C. 6801– (LL) Pecan Promotion and Research 6814), except as delegated to the Under Act of 1990 (7 U.S.C. 6001–6013), except Secretary for Trade and Foreign Agri- as delegated to the Under Secretary for cultural Affairs in § 2.26(a)(1)(x). Trade and Foreign Agricultural Affairs (XX) Commodity Promotion and in § 2.26(a)(1)(x); Evaluation (7 U.S.C. 7401); (MM) Mushroom Promotion, Re- (YY) The Commodity Promotion, Re- search, and Consumer Information Act search, and Information Act of 1996 (7 of 1990 (7 U.S.C. 6101–6112), except as U.S.C. 7411–7425), except as delegated to delegated to the Under Secretary for the Under Secretary for Trade and For- Trade and Foreign Agricultural Affairs eign Agricultural Affairs in in § 2.26(a)(1)(x); § 2.26(a)(1)(x); (NN) Lime Research, Promotion, Re- (ZZ) The Canola and Rapeseed Re- search, and Consumer Information Act search, Promotion, and Consumer In- of 1990 (7 U.S.C. 6201–6212), except as formation Act (7 U.S.C. 7441–7452), ex- delegated to the Under Secretary for cept as delegated to theUnder Sec- Trade and Foreign Agricultural retary for Trade and Foreign Agricul- Affairsin § 2.26(a)(1)(x); tural Affairs in § 2.26(a)(1)(x); (OO) Soybean Promotion, Research, (AAA) The National Kiwifruit Re- and Consumer Information Act (7 search, Promotion, and Consumer In- U.S.C. 6301–6311), except as delegated to formation Act (7 U.S.C. 7461–7473), ex- the Under Secretary for Trade and For- cept as delegated to the Under Sec- eign Agricultural Affairs in retary for Trade and Foreign Agricul- § 2.26(a)(1)(x); tural Affairs in § 2.26(a)(1)(x); (PP) Fluid Milk Promotion Act of (BBB) The Popcorn Promotion, Re- 1990 (7 U.S.C. 6401–6417), except as dele- search, and Consumer Information Act gated to the Under Secretary for Trade (7 U.S.C. 7481–7491), except as delegated and Foreign Agricultural Affairs in to the Under Secretary for Trade and § 2.26(a)(1)(x); Foreign Agricultural Affairs in (QQ) Producer Research and Pro- § 2.26(a)(1)(x). motion Board Accountability (104 Stat. (CCC) Local Agriculture Market Pro- 3927); gram (7 U.S.C. 1627c), in coordination (RR) Consistency with International with the Under Secretary for Rural De- Obligations of the United States (7 velopment. U.S.C. 2278); (DDD) [Reserved] (SS) Organic Foods Production Act of (EEE) Exemption of Certified Or- 1990 (7 U.S.C. 6501–6522), provided that ganic Products from Assessment (7 the Administrator, Agricultural Mar- U.S.C. 7401). keting Service, will enter into agree- (FFF) Country of Origin Labeling (7 ments, as necessary, with the Adminis- U.S.C. 1638–1638(d)). trator, Food Safety and Inspection (GGG) Hass Avocado Promotion, Re- Service, to provide inspection services; search, and Consumer Information Act (TT) Pesticide Recordkeeping (7 of 2000 (7 U.S.C. 7801–7813). U.S.C. 136i–1) with the provision that (HHH) Section 7407 of the Farm Secu- the Administrator, Agricultural Mar- rity and Rural Investment Act of 2002 keting Service, will enter into agree- (7 U.S.C. 5925c), with respect to the col- ments, as necessary, with other Fed- lection and distribution of comprehen- eral agencies; sive reporting of prices relating to or- (UU) The International Carriage of ganically produced agricultural prod- Perishable Foodstuffs Act (7 U.S.C. ucts. 4401–4406); (III) Livestock Mandatory Reporting (VV) The Sheep Promotion, Re- (7 U.S.C. 1635–1636i). search, and Information Act (7 U.S.C. (JJJ) Section 375 of the Consolidated 7101–7111), except as delegated to the Farm and Rural Development Act (7 Under Secretary for Trade and Foreign U.S.C. 2008j).

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(KKK) Section 101 of the Specialty (xiv) Administer the U.S. Warehouse Crops Competitiveness Act of 2004 (7 Act, as amended (7 U.S.C. 241–273), and U.S.C. 1621 note). perform compliance examinations for (LLL) Section 1502 of the Food, Con- Agricultural Marketing Services pro- servation, and Energy Act of 2008 (7 grams. U.S.C. 8772). (xv) Administer commodity procure- (MMM) Section 12108 of the Agri- ment and supply, transportation (other culture Improvement Act of 2018 (7 than from point of export, except for U.S.C. 1622 note). movement to trust territories or pos- (NNN) Section 10105 of the Food, Con- sessions), handling, payment, and re- servation, and Energy Act of 2008 (7 lated services in connection with pro- U.S.C. 7655a). grams under titles II and III of Public (OOO) Section 10107 of the Food, Con- Law 480 (7 U.S.C. 1691, 1701, et seq.) and servation, and Energy Act of 2008 (7 section 3107 of the Farm Security and U.S.C. 1622b). Rural Investment Act of 2002 (7 U.S.C. (PPP) Section 4206 of the Agriculture 1736o–1), and payment and related serv- Improvement Act of 2018 (7 U.S.C. 7518). ices with respect to export programs and barter operations. (QQQ) Section 4213(c) of the Agricul- (xvi) Administer the Economic Ad- tural Act of 2014 (7 U.S.C. 1755b(c)). justment Assistance for Textile Mills (RRR) Section 12306 of the Agricul- program (7 U.S.C. tural Act of 2014 (7 U.S.C. 1632c). (xvii) In coordination with the Under (SSS) Section 506 of the Trade and Secretary for Farm Production and Development Act of 2000 (7 U.S.C. 7101 Conservation, administer payments note). under the Special Competitive Provi- (TTT) Section 12513 of the Agri- sions for Extra Long Staple Cotton (7 culture Improvement Act of 2018 (7 U.S.C. 9038). U.S.C. 1632d). (2) Related to animal and plant health (ix) Furnish, on request, copies of inspection. Exercise the functions of the programs, pamphlets, reports, or other Secretary of Agriculture under the fol- publications for missions or programs lowing authorities: as may otherwise be delegated or as- (i) Administer the Foreign Service signed to the Assistant Secretary for personnel system for employees of the Marketing and Regulatory Programs, Animal and Plant Health Inspection and charge user fees therefor, as au- Service in accordance with 22 U.S.C. thorized by section 1121 of the Agri- 3922, except that this delegation does culture and Food Act of 1981, as amend- not include the authority to represent ed by section 1769 of the Food Security the Department of Agriculture in Act of 1985, 7 U.S.C. 2242a. interagency consultations and negotia- (x) [Reserved] tions with other foreign affairs agen- (xi) Administer a program for Dairy cies regarding joint regulations, nor Product Mandatory Reporting (7 U.S.C. the authority to approve joint regula- 1637–1637b), with the assistance of the tions issued by the Department of Under Secretary for Research, Edu- State relating to administration of the cation, and Economics. Foreign Service; (xii) Assist the Under Secretary for (ii) The Terminal Inspection Act, as Trade and Foreign Agricultural Affairs amended (7 U.S.C. 7760); with implementing section 3205 of the (iii) The Honeybee Act, as amended (7 Food, Conservation, and Energy Act of U.S.C. 281–286); 2008 (22 U.S.C. 7112 note) regarding the (iv) Section 18 of the Federal Meat Consultative Group to Eliminate the Inspection Act, as amended, as it per- Use of Child Labor and Forced Labor in tains to the issuance of certificates of Imported Agricultural Products. condition of live animals intended and (xiii) Assist the Under Secretary for offered for export (21 U.S.C. 618); Research, Education, and Economics (v) The responsibilities of the United with implementing section 10016 of the States under the International Plant Agricultural Act of 2014 regarding lo- Protection Convention; cally or regionally produced agricul- (vi) (Laboratory) Animal Welfare tural food products (7 U.S.C. 2204h). Act, as amended (7 U.S.C. 2131–2159);

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(vii) Horse Protection Act (15 U.S.C. (xxv) Authority to work with devel- 1821–1831); oped and transitional countries on ag- (viii) 28 Hour Law, as amended (49 ricultural and related research and ex- U.S.C. 80502); tension, with respect to animal and (ix) Export Animal Accommodation plant health, including providing tech- Act, as amended (46 U.S.C. 3901–3902); nical assistance, training, and advice (x) Purebred Animal Duty Free Entry to persons from such countries engaged Provisions of Tariff Act of June 17, in such activities and the stationing of 1930, as amended (19 U.S.C. 1202, part 1, scientists of national and international Item 100.01); institutions in such countries (7 U.S.C. (xi) Virus-Serum-Toxin Act (21 U.S.C. 3291(a)(3)); 151–159). (xxvi) Authority to prescribe and col- (xii) Conduct diagnostic and related lect fees under the Act of August 31, activities necessary to prevent, detect, 1951, as amended (31 U.S.C. 9701), and control or eradicate foot-and-mouth sections 2508 and 2509 of the Food, Agri- disease and other foreign animal dis- culture, Conservation, and Trade Act eases (21 U.S.C. 113a); of 1990 (21 U.S.C. 136, 136a), as amended; (xiii) The Agricultural Marketing (xxvii) The provisions of 35 U.S.C. 156; Act of 1946, sections 203, 205, as amend- (xxviii) Enter into cooperative re- ed (7 U.S.C. 1622, 1624), with respect to search and development agreements voluntary inspection and certification with industry, universities, and others; of animal products; inspection, testing, institute a cash award program to re- treatment, and certification of ani- ward scientific, engineering, and tech- mals; and a program to investigate and nical personnel; award royalties to in- develop solutions to the problems re- ventors; and retain and use royalty in- sulting from the use of sulfonamides in come (15 U.S.C. 3710a–3710c); and swine; (xxix) The Alien Species Prevention (xiv) Talmadge Aiken Act (7 U.S.C. and Enforcement Act of 1992 (39 U.S.C. 1633) with respect to cooperation with 3015 note). States in control and eradication of (xxx) Sections 901–905 of the Federal plant and animal diseases and pests; Agriculture Improvement and Reform (xv) The Federal Noxious Weed Act of Act of 1996 (7 U.S.C. 1901 note). 1974, as amended (7 U.S.C. 2801 note; (xxxi) Plant Protection Act (Title IV, 2814). Pub. L. 106–224, 114 Stat. 438, 7 U.S.C. (xvi) The Endangered Species Act of 7701–7772). 1973 (16 U.S.C. 1531–1544); (xxxii) Animal Health Protection Act (xvii) Executive Order 11987, 3 CFR, (7 U.S.C. 8301–8317). 1977 Comp., p. 116; (xxxiii) Section 10504 of the Farm Se- (xviii) Section 101(d), Organic Act of curity and Rural Investment Act of 1944 (7 U.S.C. 398); 2002 (7 U.S.C. 8318). (xix) The Swine Health Protection (xxxiv) Title V of the Agricultural Act, as amended (7 U.S.C. 3801–3813); Risk Protection Act of 2000 (7 U.S.C. (xx) Lacey Act Amendments of 1981, 2279e and 2279f). as amended (16 U.S.C. 3371–3378); (xxxv) The responsibilities of the (xxi) Title III (and title IV to the ex- United States related to activities of tent that it relates to activities under the Office of International des title III,) of the , as Epizooties. amended (7 U.S.C. 1581–1610); (xxxvi) Implement the information (xxii) Authority to prescribe the disclosure authorities of section amounts of commuted traveltime al- 1619(b)(3)(A) of the Food, Conservation, lowances and the circumstances under and Energy Act of 2008 (7 U.S.C. which such allowances may be paid to 8791(b)(3)(A)). employees covered by the Act of Au- (xxxvii) Section 7524 of the Food, gust 28, 1950 (7 U.S.C. 2260); Conservation, and Energy Act of 2008 (xxiii) The Act of March 2, 1931 (7 (21 U.S.C. 113a note), except for the sus- U.S.C. 8351–8352); pension, revocation, or other impair- (xxiv) The Act of December 22, 1987 (7 ment of a permit issued under that sec- U.S.C. 8353); tion.

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(xxxviii) Section 10202 of the Food, (vi) Administer responsibilities and Conservation, and Energy Act of 2008 (7 functions assigned to the Secretary in U.S.C. 7761). section 11006 of the Food, Conservation, (xxxix) Section 10204 of the Food, and Energy Act of 2008 (7 U.S.C. 228 Conservation, and Energy Act of 2008 (7 note), with respect to the Packers and U.S.C. 7701 note). Stockyards Act, 1921. (xl) Section 14216 of the Food, Con- (4) Related to committee management. servation, and Energy Act of 2008 (Pub. Establish and reestablish regional, L. 110–246). State, and local advisory committees (xli) Section 1672(g)(3) of the Food, for activities under his or her author- Agriculture, Conservation, and Trade ity. This authority may not be redele- Act of 1990 (7 U.S.C. 5925(g)(3)) regard- gated. ing honey bee pest, pathogen, health, (5) Related to defense and emergency and population status surveillance. preparedness. (i) Administer respon- (xlii) Section 12309 of the Agricul- sibilities and functions assigned under tural Act of 2014 regarding produce rep- the Defense Production Act of 1950, as resented as grown in the United States amended (50 U.S.C. App. 2061 et seq.), (19 U.S.C. 1304a). and title VI of the Robert T. Stafford (xliii) Section 11013 of the Food, Con- Disaster Relief and Emergency Assist- servation, and Energy Act of 2008 (7 ance Act (42 U.S.C. 5195 et seq.), con- U.S.C. 8322). cerning protection of livestock, poul- try and crops and products thereof (xliv) In coordination with the Under from biological and chemical warfare; Secretary for Farm Production and and utilization or disposal of livestock Conservation, Section 2408 relating to and poultry exposed to radiation. the Feral Swine Eradication and Con- (ii) Title II, Subtitles B and C, of the trol Pilot Program (7 U.S.C. 8351 note), Public Health Security and Bioter- (xlv) Section 12203(b) of the Agri- rorism Preparedness and Response Act culture Improvement Act of 2018 relat- of 2002 (7 U.S.C. 8401 note, 8401, 8411). ing to diseases and pests of concern (7 (6) Related to biotechnology. Coordi- U.S.C. 8914(b)). nate the development and carrying out (xlvi) Section 12601 of the Agriculture by Department agencies of all matters Improvement Act of 2018 relating to and functions pertaining to the Depart- baiting of migratory game birds (16 ment’s regulation of biotechnology, U.S.C. 704 note). and act as liaison on all matters and (3) Related to grain inspection, packers functions pertaining to the regulation and stockyards. (i) Exercise the author- of biotechnology between agencies ity of the Secretary of Agriculture con- within the Department and between tained in the U.S. Grain Standards Act, the Department and governmental and as amended (7 U.S.C. 71–87h). private organizations. Provided, that (ii) Exercise the functions of the Sec- with respect to biotechnology matters retary of Agriculture contained in the affecting egg products, the Assistant Agricultural Marketing Act of 1946, as Secretary shall consult and coordinate amended (7 U.S.C. 1621–1627), relating activities of Department agencies with to inspection and standardization ac- the Under Secretary for Food Safety. tivities relating to grain. (7) Related to environmental response. (iii) Administer the Packers and With respect to land and facilities Stockyards Act, as amended and sup- under his or her authority, exercise the plemented (7 U.S.C. 181–229). functions delegated to the Secretary by (iv) Enforce provisions of the Con- Executive Order 12580, 3 CFR, 1987 sumer Credit Protection Act (15 U.S.C. Comp., p. 193, under the following pro- 1601–1655, 1681–1681t) with respect to visions of the Comprehensive Environ- any activities subject to the Packers mental Response, Compensation, and and Stockyards Act, 1921, as amended Liability Act of 1980 (‘‘the Act’’), as and supplemented. amended: (v) Exercise the functions of the Sec- (i) Sections 104(a), (b), and (c)(4) of retary of Agriculture contained in sec- the Act (42 U.S.C. 9604(a), (b), and tion 1324 of the Food Security Act of (c)(4)), with respect to removal and re- 1985 (7 U.S.C. 1631). medial actions in the event of release

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or threatened release of a hazardous medial action or enforcement action, substance, pollutant, or contaminant including any settlement or consent into the environment; decree entered into; (ii) Sections 104(e)–(h) of the Act (42 (xii) Section 119 of the Act (42 U.S.C. U.S.C. 9604(e)–(h)), with respect to in- 9119), with respect to indemnifying re- formation gathering and access re- sponse action contractors; quests and orders; compliance with (xiii) Section 121 of the Act (42 U.S.C. Federal health and safety standards 9621), with respect to cleanup stand- and wage and labor standards applica- ards; and ble to covered work; and emergency (xiv) Section 122 of the Act (42 U.S.C. procurement powers; 9622), with respect to settlements, but (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. 9622(b)(1)), related to mixed reduction of exposure to significant funding agreements. risk to human health; (8) Related to compliance with environ- (iv) Section 104(j) of the Act (42 mental laws. With respect to facilities U.S.C. 9604(j)), with respect to the ac- and activities under his or her author- quisition of real property and interests ity, to exercise the authority of the in real property required to conduct a Secretary of Agriculture pursuant to remedial action; section 1–102 related to compliance (v) The first two sentences of section with applicable pollution control 105(d) of the Act (42 U.S.C. 9605(d)), standards and section 1–601 of Execu- with respect to petitions for prelimi- tive Order 12088, 3 CFR, 1978 Comp., p. nary assessment of a release or threat- 243, to enter into an inter-agency ened release; agreement with the United States En- (vi) Section 105(f) of the Act (42 vironmental Protection Agency, or an U.S.C. 9605(f)), with respect to consider- administrative consent order or a con- ation of the availability of qualified sent judgment in an appropriate State, minority firms in awarding contracts, interstate, or local agency, containing but excluding that portion of section a plan and schedule to achieve and 105(f) pertaining to the annual report maintain compliance with applicable to Congress; pollution control standards established (vii) Section 109 of the Act (42 U.S.C. pursuant to the following: 9609), with respect to the assessment of (i) Solid Waste Disposal Act, as civil penalties for violations of section amended by the Resource Conservation 122 of the Act (42 U.S.C. 9622), and the and Recovery Act, as further amended granting of awards to individuals pro- by the Hazardous and Solid Waste viding information; Amendments, and the Federal Facility (viii) Section 111(f) of the Act (42 Compliance Act (42 U.S.C. 6901 et seq.); U.S.C. 9611(f)), with respect to the des- (ii) Federal Water Pollution Preven- ignation of officials who may obligate tion and Control Act, as amended (33 money in the Hazardous Substances U.S.C. 1251 et seq.); Superfund; (ix) Section 113(k) of the Act (42 (iii) Safe Drinking Water Act, 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) Noise Control Act 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) Sections 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 Act of 1980, as amended by the Super- and explanation of variances from the fund Amendments and Reauthorization final remedial action plan for any re- Act of 1986 (42 U.S.C. 9601 et seq.).

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(9) Related to the Capper-Volstead Act. (v) Appoint members of the Egg Serve as a member of the Capper-Vol- Board established by section 8(a) of the stead Act Committee to identify cases Egg Research and Consumer Informa- of undue price enhancement by associa- tion Act (7 U.S.C. 2707(a)); tions of producers and issue complaints (vi) Appoint members of the requiring such associations to show Floraboard established by section cause why an order should not be made 1707(1) of the Floral Research and Con- directing them to cease and desist from sumer Information Act (7 U.S.C. monopolization or restraint of trade (7 4306(1)); U.S.C. 292). (vii) Appoint members of the Honey (10) Related to hazardous materials Board established by section 7(c)(1) of management. (i) Serve on the USDA the Honey Research, Promotion, and Hazardous Materials Policy Council. Consumer Information Act, as amended (ii) Recommend actions and policies (7 U.S.C. 4606(c)); that enable USDA agencies under his (viii) Appoint members of the Lime or her authority to comply with the in- Board established by section 1955(b)(2) tent, purposes, and standards of envi- of the Lime Research, Promotion, and ronmental laws for pollution preven- Consumer Information Act of 1990 (7 tion, control, and abatement. U.S.C. 6204(b)); (iii) Consult with the United States (ix) Appoint members of the Mush- Environmental Protection Agency and room Council established by section other appropriate Federal agencies in 1925(b)(1)(B) of the Mushroom Pro- developing pollution prevention, con- motion, Research, and Consumer Infor- trol, and abatement policies and pro- mation Act of 1990 (7 U.S.C. 6104(b)); grams relating to agencies under his or (x) Appoint members of the Pecan her authority. Marketing Board established by sec- (11) Carry out prize competition au- tion 1910(b)(8)(E) of the Pecan Pro- thorities in section 24 of the Steven- motion and Research Act of 1990 (7 son-Wydler Technology Innovation Act U.S.C. 6005(b)); of 1980 (15 U.S.C. 3719) related to func- tions otherwise delegated to the Under (xi) Appoint members of the National Secretary for Marketing and Regu- Potato Promotion Board established by latory Programs, except for authorities section 308(a)(4) of the Potato Research delegated to the Chief Financial Officer and Promotion Act as amended (7 in § 2.28(a)(29) and authorities reserved U.S.C. 2617(a)); to the Secretary in paragraph (b)(3) of (xii) Appoint members of the Na- this section. tional Watermelon Promotion Board (b) The following authorities are re- established by section 1647(c) of the served to the Secretary of Agriculture: Watermelon Research and Promotion (1) Relating to agricultural mar- Act (7 U.S.C. 4906(c)); keting. (xiii) Appoint members of the (i) Promulgation, with the Secretary PromoFlor Council established by sec- of the Treasury of joint regulations tion 5(b) of the Fresh Cut Flowers and under section 402(b) of the Federal Seed Fresh Cut Greens Act of 1993 (7 U.S.C. Act, as amended (7 U.S.C. 1592(b)). 6804(b)); (ii) Appoint members of the National (xiv) Appoint members of the Na- Dairy Promotion and Research Board tional Kiwifruit Board established by established by section 113(b) of the section 555(c)(1) of the National Dairy and Tobacco Adjustment Act of Kiwifruit Research, Promotion, and 1983 (7 U.S.C. 4504(b)). Consumer Information Act (7 U.S.C. (iii) Appoint members of the Na- 7464(c)); tional Processor Advertising and Pro- (xv) Appoint members of Popcorn motion Board established by section Board established by section 575(b)(1) of 1999H(b)(4) of the Fluid Milk Pro- the Popcorn Promotion, Research, and motion Act of 1990 (7 U.S.C. 6407(b)). Consumer Information Act (7 U.S.C. (iv) Appoint members of the Cotton 7484(b)); Board established by section 7(a) of the (xvi) Appoint members of the Wheat Cotton Research and Promotion Act, Industry Council established by section as amended (7 U.S.C. 2106(a)); 1706(a) of the Wheat and Wheat Foods

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Research and Nutrition Education Act Wydler Technology Innovation Act of (7 U.S.C. 3405(a)); 1980 (15 U.S.C. 3719(m)(4)(B)). (xvii) Appoint members of the Cattle- [60 FR 56393, Nov. 8, 1995, as amended at 61 men’s Beef Promotion and Research FR 25776, May 23, 1996; 61 FR 68541, Dec. 30, Board established by section 5(1) of the 1996; 62 FR 40254, July 28, 1997; 65 FR 12428, Beef Research and Information Act as Mar. 9, 2000; 65 FR 49471, Aug. 14, 2000; 68 FR amended (7 U.S.C. 2904(1)); 27439, May 20, 2003; 70 FR 55706, Sept. 23, 2005; (xviii) Appoint members of the Na- 74 FR 3405, Jan. 21, 2009; 76 FR 4802, Jan. 27, tional Pork Board established by sec- 2011; 79 FR 44109, July 30, 2014; 80 FR 58337, tion 1619(a)(1) of the Pork Promotion, Sept. 29, 2015; 83 FR 22181, May 14, 2018; 83 FR Research, and Consumer Information 61311, Nov. 29, 2018; 85 FR 65509, Oct. 15, 2020] Act of 1985 (7 U.S.C. 4808(a)); EDITORIAL NOTE: At 83 FR 61311, Nov. 29, (xix) Appoint members of the United 2018, § 2.22 was amended by adding (a)(1)(xvi), Soybean Board established by section however paragraph (a)(xvi) was not provided 1969(b)(1) of the Soybean Promotion, in the text, this amendment could not be in- Research, and Consumer Information corporated due to inaccurate amendatory in- Act (7 U.S.C. 6304(b)); struction. (xx) Appoint members of the Na- § 2.23 Assistant Secretary for Congres- tional Sheep Promotion, Research, and sional Relations. Information Board established by sec- tion 5(b) of the Sheep Promotion, Re- (a) The following delegations of au- search, and Information Act (7 U.S.C. thority are made by the Secretary of 7104(b)(1); Agriculture to the Assistant Secretary (xxi) Appoint members of the Na- for Congressional Relations: tional Canola and Rapeseed Board es- (1) Related to congressional affairs. (i) tablished by section 535(b)(1) of the Exercise responsibility for coordina- Canola and Rapeseed Research, Pro- tion of all congressional matters in the motion, and Consumer Information Act Department. (7 U.S.C. 7444(b)); (ii) Maintain liaison with the Con- (xxii) Appoint members of boards es- gress and the White House on legisla- tablished by section 515(b)(2)(A) of the tive Matters of concern to the Depart- Commodity Promotion, Research, and ment. Information Act of 1996 (7 U.S.C. (2)Related to intergovernmental affairs. 7414(b)). (i) Coordinate all programs involving (2) Related to animal and plant health intergovernmental affairs including inspection. (i) Determination that an State and local government relations emergency or extraordinary emergency and liaison with: exists under the Animal Health Protec- (A) National Association of State De- tion Act (7 U.S.C. 8306, 8316). partments of Agriculture; (ii) Determination that an emergency (B) Office of Intergovernmental Rela- or extraordinary emergency exists tions (Office of Vice President); under the Plant Protection Act (7 (C) Advisory Commission on Inter- U.S.C. 7715, 7772). governmental Relations; (iii) Approval of requests for appor- (D) Council of State Governments; tionment of reserves for the control of (E) National Governors Conference; outbreaks of insects, plant diseases, and animal diseases to the extent nec- (F) National Association of Counties; essary to meet emergency conditions (G) National League of Cities; (31 U.S.C. 1512). (H) International City Managers As- (iv) The suspension, revocation, or sociation; other impairment of a permit issued (I) U.S. Conference of Mayors; and under section 7524 of the Food, Con- (J) Such other State and Federal servation, and Energy Act of 2008 (21 agencies, departments and organiza- U.S.C. 113a note). tions as are necessary in carrying out (3) Approval of prize competitions the responsibilities of this office. that may result in the award of more (ii) Maintain oversight of the activi- than $1,000,000 in cash prizes under sec- ties of USDA representatives to the 10 tion 24(m)(4)(B) of the Stevenson- Federal Regional councils.

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(iii) Serve as the USDA contact with retary for Administration has partici- the Advisory Commission on Intergov- pated. ernmental Relations for implementa- (viii) Represent the Department in tion of OMB Circular A–85 to provide human resources matters in all con- advance notification to state and local tacts outside the Department. governments of proposed changes in (ix) Exercise specific authorities in Department programs that affect such the following operational matters: governments. (A) Waive repayment of training ex- (iv) Act as the department represent- penses where an employee fails to ful- ative for Federal executive board mat- fill service agreement. ters. (B) Establish or change standards (b) [Reserved] and plans for awards to private citi- [60 FR 56393, Nov. 8, 1995, as amended at 68 zens. FR 27439, May 20, 2003; 69 FR 34252, June 21, (C) Execute, change, extend, or 2004; 80 FR 58337, Sept. 29, 2015] renew: EDITORIAL NOTE: At 79 FR 44109, July 30, (1) Labor-Management Agreements. 2014, § 2.23 was amended; however, the amend- (2) Certifications of supervisory/man- ment could not be incorporated due to inac- agerial and non-labor union employee curate amendatory instruction. and professional organizations or asso- ciations. § 2.24 Assistant Secretary for Adminis- tration. (D) Represent the Department in con- tacts with the national offices of labor (a) The following delegations of au- organizations in fulfilling the Depart- thority are made by the Secretary of ment’s national consultation obliga- Agriculture to the Assistant Secretary tions under 5 U.S.C. 7113. for Administration: (E) Change a position (with no mate- (1)–(3) [Reserved] rial change in duties) from one pay sys- (4) Related to human resources manage- tem to another. ment. (i) Formulate and issue Depart- (F) Grant restoration rights, and re- ment policy, standards, rules, and reg- lease employees with administrative ulations relating to human resources reemployment rights. management. (G) Authorize any mass dismissals of (ii) Provide human resources man- employees in the Washington, DC, met- agement procedural guidance and oper- ropolitan area. ational instructions. (H) Approve ‘‘normal line of pro- (iii) Set standards for human re- motion’’ cases in the excepted service sources data systems. where not in accordance with time-in- (iv) Inspect and evaluate human re- grade criteria. sources management operations and issue instructions or take direct action (I) Make the final decision on all to insure conformity with appropriate classification appeals filed with the De- laws, Executive Orders, Office of Per- partment of Agriculture. sonnel Management (OPM) rules and (J) Authorize all employment actions regulations, and other appropriate (except nondisciplinary separations rules and regulations. and LWOP) and classification actions (v) Exercise final authority in all for senior level and equivalent posi- human resources matters, including in- tions including Senior Executive Serv- dividual cases, that involve the juris- ice positions and special authority pro- diction of more than one General Offi- fessional and scientific positions re- cer or agency head, or otherwise as sponsible for carrying out research and deemed appropriate. development functions. (vi) Receive, review, and recommend (K) Authorize all employment ac- action on all requests for the Sec- tions (except LWOP) for the following retary’s approval in human resources positions: matters. (1) Schedule C. (vii) Authorize and make final deci- (2) Non-career Senior Executive Serv- sions on adverse actions, except in ice or equivalent. those cases where the Assistant Sec- (3) Administrative Law Judge.

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(L) Authorize and make final deci- (xiv) Approve coverage and waiver of sions on adverse actions for positions individual law enforcement and fire- in GS–1—15 or equivalent. fighter positions under the special re- (M) Authorize and make final deci- tirement provisions of the Civil Service sions on adverse actions for positions Retirement System and the Federal in the career Senior Executive Service Employees Retirement System. or equivalent. (xv) Provide for diversity and inclu- (N) Approve the details of Depart- sion, as follows: ment employees to the White House. (A) Establish, direct, and provide pol- (O) Authorize adverse actions based icy and oversight for a Department- in whole or in part on an allegation of wide Special Emphasis Program (SEP) violation of 5 U.S.C. chapter 73, sub- including: Women, African Americans, chapter III, for employees in the ex- Hispanics, Asian/Pacific Islanders, Na- cepted service. tive Americans, Disabled, and Gay/Les- (P) Authorize long-term training in bian/Bisexual/Transgender. programs which require Department- (B) Provide oversight and support for wide competition. Departmental SEP recognition pro- (Q) Initiate and take adverse action grams. in cases involving a violation of the merit system. (C) Direct and oversee the Depart- (R) Any other human resources oper- ment-wide SEPM Council. ational matter. (D) Administer Federal Equal Oppor- (x) As used in this section, the term tunity Recruitment Program. human resources includes: (xvi) Oversee and manage the Depart- (A) Position management. ment’s administrative grievance pro- (B) Position classification. gram. (C) Employment. (xvii) Make final decisions in those (D) Pay administration. cases where an agency head has ap- (E) Automation of human resources pealed the recommended decision of a data and systems. grievance examiner. (F) Hours of duty. (xviii) Administer the administrative (G) Performance management. appeals process related to the inclusion (H) Promotions. of positions in the testing designated (I) Employee development. position listing in the Department’s (J) Incentive Programs. Drug-Free Workplace Program and des- (K) Leave. ignate the final appeal officer for that (L) Retirement. Program. (M) Human resources program man- (xix) Formulate and issue Depart- agement accountability and evalua- ment policy, standards, rules, and reg- tion. ulations relating to the Senior Sci- (N) Social security. entific Research Service (7 U.S.C. 7657). (O) Life insurance. (xx) Provide human resources oper- (P) Health benefits. ational services for the following: (Q) Unemployment compensation. (A) The Secretary of Agriculture. (R) Labor management relations. (B) The general officers of the De- (S) Intramanagement consultation. (T) [Reserved] partment. (U) Discipline. (C) The offices and agencies reporting (V) Appeals. to the Assistant Secretary for Admin- (W) Drug Testing Program. istration. (X) Worklife Program. (D) The Office of the Assistant Sec- (Y) Transit Subsidy Program. retary for Civil Rights. (xi) Maintain, review, and update De- (E) Any other offices or agencies of partmental delegations of authority. the Department as may be agreed. (xii) Authorize organizational (xxi) Redelegate, as appropriate, any changes. authority delegated under paragraphs (xiii) Formulate and promulgate de- (a)(4)(i) through (a)(4)(xx) to general of- partmental organizational objectives ficers of the Department and heads of and policies. Departmental agencies.

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(xxii) Exercise the authority to non- erty Acquisition Policies Act of 1970 (42 competitively convert to an appoint- U.S.C. 4601, et seq.). ment in the competitive service a re- (I) Development and implementation cent graduate or student who is a of sustainable operations actions in- United States citizen and has been cluding establishing and achieving awarded and successfully completed a greenhouse gas emission reduction scholarship program granted to the in- goals, reducing energy intensity, in- dividual by the Department through creasing renewable energy use, increas- the 1890 National Scholars Program or ing water efficiency, reducing petro- the 1994 Tribal Scholars Program, pro- leum use and increasing alternative vided the individual meets the require- fuel use, increasing recycling and ments for such conversion and meets waste diversion, preventing pollution, Office of Personnel Management quali- reducing use of toxic chemicals, pro- fication standards, as determined by curing sustainable products and serv- the Assistant Secretary for Adminis- ices, achieving sustainable principles tration (7 U.S.C. 2279j). for new and existing buildings, pro- (5) Related to small and disadvantaged moting electronic stewardship, and business utilization. Provide general ad- continuing environmental manage- ministrative support to the Office of ment system use. Maintain liaison Small and Disadvantaged Business Uti- with the Office of the Federal Environ- lization, consistent with the other del- mental Executive, the Council on Envi- egations of authority to the Assistant ronmental Quality, the Office of Man- Secretary for Administration in this agement and Budget (OMB), the De- section. partment of Energy, and other Govern- (6) Related to procurement and property ment agencies in these matters. management. (i) Exercise full Depart- (J)–(K) [Reserved] mentwide contracting and procurement (L) Implementation of the policies authority. and procedures set forth in OMB Cir- (ii) Promulgate policies, standards, cular No. A–76, Performance of Com- techniques, and procedures, and rep- mercial Activities. resent the Department, in the fol- (iii) Exercise the following special lowing: authorities: (A) Acquisition, including, but not (A) Designate the Departmental De- limited to, the procurement of sup- barring Officer to perform the func- plies, services, equipment, and con- tions of 48 CFR part 9, subpart 9.4 re- struction. lated to procurement activities, except (B) Socioeconomic programs relating for commodity acquisitions on behalf to contracting. of the Commodity Credit Corporation (C) Selection, standardization, and (7 CFR part 1407); with authority to re- simplification of program delivery delegate suspension and debarment au- processes utilizing contracts. thority for contracts awarded under (D) Acquisition, leasing, utilization, the School Lunch and Surplus Removal value analysis, construction, mainte- Programs (42 U.S.C. 1755 and 7 U.S.C. nance, and disposition of real and per- 612c). sonal property, including control of (B) Conduct liaison with the Office of space assignments. the Federal Register (1 CFR part 16) in- (E) Motor vehicle and aircraft fleet cluding the making of required certifi- and other vehicular transportation. cations pursuant to 1 CFR part 18. (F) Transportation of things (traffic (C) Maintain custody and permit ap- management). propriate use of the official seal of the (G) Prevention, control, and abate- Department. ment of pollution with respect to Fed- (D) Establish policy for the use of the eral facilities and activities under the official flags of the Secretary and the control of the Department (Executive Department. Order 12088, ‘‘Federal Compliance With (E) Coordinate collection and disposi- Pollution Control Standards,’’ 3 CFR, tion of personal property of historical 1978 Comp., p. 243). significance. (H) Implementation of the Uniform (F) Make information returns to the Relocation Assistance and Real Prop- Internal Revenue Service as prescribed

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by 26 U.S.C. 6050M and by 26 CFR (B) Taking any necessary actions 1.6050M–1 and such other Treasury reg- consistent with policies, regulations, ulations, guidelines or procedures as and procedures with respect to pur- may be issued by the Internal Revenue chases, contracts, leases, agreements, Service in accordance with 26 U.S.C. and other transactions. 6050M. This includes making such (C) Designating contracting officers. verifications or certifications as may (D) Establishing clear lines and limi- be required by 26 CFR 1.6050M–1 and tations of contracting authority making the election allowed by 26 CFR through written delegations of author- 1.6050M–1(d)(5)(1). ity. (G) Promulgate regulations for the (E) Approving any Departmental and management of contracting and pro- component agency procurement sys- curement for information technology tems and processes. and telecommunication equipment, (F) Managing and enhancing career software, services, maintenance and re- development of the Department’s ac- lated supplies. quisition workforce. (H) Represent the Department in (G) Participating in the development working with the Government Ac- of Governmentwide procurement poli- countability Office (GAO), the General cies, regulations, and standards, and Services Administration, OMB, and determining specific areas where Gov- other organizations or agencies on ernmentwide performance standards matters related to assigned responsibil- should be established and applied. ities. (H) Developing unique Departmental (I) Serve as the designated Chief Ac- standards as required. quisition Officer for the Department (I) Overseeing the development of pursuant to section 1702 of title 41, procurement goals, guidelines, and in- United States Code. novation. (iv) Serve as the Acquisition Execu- (J) Measuring and evaluating pro- tive in the Department to integrate curement office performance against and unify the management process for stated goals. the Department’s major system acqui- sitions and to monitor implementation (K) Advising the Secretary whether of the policies and practices set forth goals are being achieved. in OMB Circular No. A–109, Major Sys- (L) Prescribing standards for agency tems Acquisitions. This includes the Procurement Executives. authority to: (M) Redelegating, suspending, or re- (A) Ensure that OMB Circular No. A– voking, as appropriate, the authority 109 is effectively implemented in the in paragraph (a)(6)(v)(A) of this section Department and that the management to agency Procurement Executives or objectives of the Circular are realized. other qualified agency officials with no (B) Review the program management power of further redelegation. of each major system acquisition. (N) Redelegating, suspending, or re- (C) Designate the program manager voking, as appropriate, the authorities for each major systems acquisition. in paragraphs (a)(6)(v)(B), (C), (D), (F), (D) Designate any Departmental ac- and (G) of this section to agency Pro- quisition as a major system acquisition curement Executives or other qualified under OMB Circular No. A–109. agency officials with the power of fur- (v) Pursuant to Executive Order ther redelegation. 12931, ‘‘Federal Procurement Reform,’’ (vi) Represent the Department in es- 3 CFR, 1994 Comp., p. 925, and sections tablishing standards for acquisition 16, 22, and 37 of the Office of Federal transactions within the electronic data Procurement Policy Act, as amended, interchange environment. 41 U.S.C. 414, 418b, and 433, designate (vii) Designate the Departmental the Senior Procurement Executive for Task Order Ombudsman pursuant to 41 the Department and delegate responsi- U.S.C. 253j. bility for the following: (viii) Designate the Departmental (A) Prescribing and publishing De- Remedy Coordination Official pursuant partmental acquisition policies, to 41 U.S.C. 255 to determine whether advisories, regulations, and procedures. payment to any contractor should be

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reduced or suspended based on substan- eral Acquisition Regulations (48 CFR tial evidence that the request of the Chapters 1 and 4). contractor for advance, partial, or (xiv) Issue regulations and directives progress payment is based on fraud. to implement or supplement the Fed- (ix) Review and approve exemptions eral Property Management Regulations for USDA contracts, subcontracts, (41 CFR chapter 101) and the Federal grants, agreements, and loans from the Management Regulation (41 CFR chap- requirements of the Clean Air Act, as ter 102). amended (42 U.S.C. 7401, et seq.), the (xv) Serve as USDA Senior Sustain- Federal Water Pollution Control Act, ability Officer under Executive Order as amended (33 U.S.C. 1251, et seq.), and 13514, ‘‘Federal Leadership in Environ- Executive Order 11738, ‘‘Providing for mental, Energy, and Economic Per- Administration of the Clean Air Act formance’’ (74 FR 52117, Oct. 8, 2009) re- and the Federal Water Pollution Con- sponsible for developing and achieving trol Act With Respect to Federal Con- greenhouse gas emission reduction tar- tracts, Grants, or Loans,’’ 3 CFR, 1971– gets, developing and implementing a 1975 Comp., p. 799, when he or she deter- Strategic Sustainability Performance mines that the paramount interest of Plan, achieving sustainable practice the United States so requires as pro- goals in Executive Order 13423, vided in these acts and Executive Order ‘‘Strengthening Federal Environ- and the regulations of the EPA (2 CFR mental, Energy, and Transportation 1532.1140). Management,’’ 3 CFR, 2007 Comp., p. (x) Transfer excess research equip- 191, and reporting USDA’s progress to ment to eligible educational institu- OMB and the Council on Environ- tions or certain non-profit organiza- mental Quality. tions for the conduct of technical and (xvi) Pursuant to the Office of Fed- scientific education and research ac- eral Procurement Policy Act (Act), as amended (41 U.S.C. 401, et seq.), des- tivities under section 11(i) of the Ste- ignate the Department’s Advocate for venson-Wydler Technology Innovation Competition with the responsibility for Act of 1980 (15 U.S.C. 3710(i)) (7 CFR section 20 of the Act (41 U.S.C. 418), in- part 2812). cluding: (xi) Promulgate policy and obtain (A) Reviewing the procurement ac- and furnish Federal excess personal tivities of the Department. property in accordance with section 923 (B) Developing new initiatives to in- of Public Law 104–127 (7 U.S.C. 2206a), crease full and open competition. to support research, educational, tech- (C) Developing goals and plans and nical and scientific activities or for re- recommending actions to increase lated programs, to: competition. (A) Any 1994 Institutions (as defined (D) Challenging conditions unneces- in section 532 of the Equity in Edu- sarily restricting competition in the cational Land-Grant Status Act of 1994 acquisition of supplies and services. (Pub. L. 103–382; 7 U.S.C. 301 note)). (E) Promoting the acquisition of (B) Any Institutions eligible to re- commercial items. ceive funds under the Act of August 30, (F) Designating an Advocate for 1890 (7 U.S.C. 321, et seq.) including Competition for each procuring activ- Tuskegee University. ity within the Department. (C) Any Hispanic-serving Institutions (xvii) Related to compliance with envi- (as defined in sections 316(b) of the ronmental laws and sustainable operating Higher Education Act of 1965 (20 U.S.C. requirements. (A) Serve as Chair of the 1059c(b)). USDA Sustainable Operations Council. (xii) Make available to organizations (B) Represent USDA in consulting or excess or surplus computers or other working with the EPA, the Council on technical equipment of the Department Environmental Quality, the Domestic for the purpose of distribution to cit- Policy Council, and others to develop ies, towns, or local government entities policies relating to hazardous mate- in rural areas (7 U.S.C. 2206b). rials management and Federal facili- (xiii) Issue regulations and directives ties compliance with applicable pollu- to implement or supplement the Fed- tion control laws.

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(C) Monitor, review, evaluate, and 12580, ‘‘Superfund Implementation,’’ 3 oversee hazardous materials manage- CFR, 1987 Comp., p. 193, as amended by ment program activities and compli- Executive Order 13016, ‘‘Amendment to ance Department-wide. Executive Order No. 12580,’’ 3 CFR, 1996 (D) Monitor, review, evaluate, and Comp., p. 214. oversee USDA agency expenditures for (I) Represent USDA on the EPA hazardous materials management pro- Brownfields Federal Partnership and gram accomplishments. coordinate USDA support for (E) Represent USDA on the National Brownfields redevelopment and estab- Response Team and exercise responsi- lish policy and guidance for the imple- bility for USDA response efforts for mentation of the June 2003 amendment hazardous substance releases and oil to Executive Order 12580, ‘‘Superfund spills pursuant to the Comprehensive Implementation,’’ 3 CFR, 1987 Comp., p. Environmental Response, Compensa- 193 (Executive Order 13308, ‘‘Further tion, and Liability Act of 1980, as Amendment to Executive Order 12580, amended (42 U.S.C. 9601, et seq.); the As Amended, Superfund Implementa- Clean Water Act, as amended (33 U.S.C. tion,’’ 3 CFR, 2003 Comp., p. 239). 1251, et seq.); Oil Pollution Act, as (xviii) Related to occupational safety amended (33 U.S.C. 2701, et seq.); Execu- and health. (A) Establish Department- tive Order 12580, ‘‘Superfund Implemen- wide safety and health policy and pro- tation,’’ 3 CFR, 1987 Comp., p. 193; Ex- vide leadership in the development, co- ecutive Order 12777, ‘‘Implementation ordination, and implementation of re- of section 311 of the Federal Water Pol- lated standards, techniques, and proce- lution Control Act of October 18, 1972, dures, and represent the Department in as amended, and the Oil Pollution Act complying with laws, Executive Orders of 1990,’’ 3 CFR, 1991 Comp., p. 351, and and other policy and procedural the National Oil and Hazardous Sub- issuances related to occupational safe- stances Contingency Plan, 40 CFR Part ty and health and workers’ compensa- 300. tion programs within the Department. (F) Approve disbursements from the (B) Represent the Department in all New World Mine Response and Restora- rulemaking, advisory, or legislative ca- tion Account, approve the New World pacities on any groups, committees, or Mine Response and Restoration Plan, Governmentwide activities that affect and make quarterly reports to Con- the Department’s Occupational Safety gress under Sections 502(d) and (f) of and Health Management Program; and Title V of the Department of the Inte- serve as the USDA Designated Safety rior and Related Agencies Appropria- and Health Official. tions Act of 1998, Public Law 105–83. (C) Determine and provide Depart- (G) Ensure that the Hazardous Mate- mentwide technical services and re- rials Management Program Depart- gional staff support for the safety and ment-wide is accomplished with regard health programs. to, and in compliance with, Executive (D) Administer the computerized Order 12898, ‘‘Federal Actions to Ad- management information systems for dress Environmental Justice in Minor- the collection, processing and dissemi- ity Populations and Low-Income Popu- nation of data related to the Depart- lations,’’ 3 CFR, 1994 Comp. p. 859. ment’s occupational safety and health (H) Take such action as may be nec- programs. essary, with the affected agency head (E) Administer the Department’s Oc- and with the concurrence of the Gen- cupational Health and Preventive Med- eral Counsel, including issuance of ad- icine Program, as well as design and ministrative orders and agreements operate employee assistance and work- with any person to perform any re- ers’ compensation activities. sponse action under sections 106(a) and (F) Provide education and training 122 (except subsection (b)(1)) of the on a Departmentwide basis for safety Comprehensive Environmental Re- and health-related issues and develop sponse, Compensation, and Liability resource and operational manuals. Act of 1980, as amended (42 U.S.C. (xix) In coordination with the Chief 9606(a), 9622), pursuant to sections Financial Officer, implement the de- 4(c)(3) and 4(d)(3) of Executive Order barment authorities in section 14211 of

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the Food, Conservation, and Energy ligence products, that support the de- Act of 2008 (7 U.S.C. 2009j), in connec- fense of the food and agriculture crit- tion with procurement activities. ical infrastructure sector; (xx) Provide services, including pro- (vi) Coordinate the conduct, evalua- curement of supplies, services, and tion, and improvement of exercises to equipment, with authority to take ac- identify and eliminate gaps in pre- tions required by law or regulation to paredness and response; perform such services for: (vii) Produce a Department-wide cen- (A) The Secretary of Agriculture. tralized strategic coordination plan to (B) The general officers of the De- provide a high-level perspective of the partment, except the Inspector Gen- operations of the Department relating eral. to homeland security, including emer- (C) Any other offices or agencies of gency management and agriculture and the Department as may be agreed, in- food defense; and cluding as a Working Capital Fund ac- (viii) Establish and carry out an tivity. interagency Agriculture and Food (7) [Reserved] Threat Awareness Partnership Pro- (8) Related to homeland security, per- gram, including by entering into coop- sonnel and document security, and emer- erative agreements or contracts with gency coordination. (i) Serve as the prin- Federal, State, or local authorities (7 cipal advisor to the Secretary on home- U.S.C. 6922). land security, including emergency (ix) Provide administrative super- management and agriculture and food vision to the unit that grants, denies, defense; or revokes security clearances for (ii) Coordinate activities of the De- USDA employees and contractors. partment, including policies, processes, (x) Administer the Department budget needs, and oversight relating to Emergency Preparedness Program. homeland security, including emer- This includes: gency management and agriculture and (A) Coordinate the delegations and food defense; assignments made to the Department (iii) Act as the primary liaison on be- under the Defense Production Act of half of the Department with other Fed- 1950, 50 U.S.C. App. 2061, et seq.; the eral departments and agencies in ac- Robert T. Stafford Disaster Relief and tivities relating to homeland security, Emergency Assistance Act, 42 U.S.C. including emergency management and 5121, et seq.; and by Executive Orders agriculture and food defense, and pro- 12148, ‘‘Federal Emergency Manage- vide for interagency coordination and ment’’ (3 CFR, 1979 Comp., p. 412), 12656, data sharing; ‘‘Assignment of Emergency Prepared- (iv) Coordinate in the Department ness Responsibilities’’ (3 CFR, 1988 the gathering of information relevant Comp., p. 585), and 13603, ‘‘National De- to early warning and awareness of fense Resources Preparedness’’ (3 CFR, threats and risks to the food and agri- 2012 Comp., p. 225), or any successor to culture critical infrastructure sector; these Executive Orders, to ensure that and share that information with, and the Department has sufficient capabili- provide assistance with interpretation ties to respond to any occurrence, in- and risk characterization of that infor- cluding natural disaster, military at- mation to, the intelligence community tack, technological emergency, or any (as defined in 5 U.S.C. 3003), law en- all hazards incident. forcement agencies, the Secretary of (B) Manage the Department Emer- Defense, the Secretary of Homeland gency Operations Center at Head- Security, the Secretary of Health and quarters and the Secretary’s alter- Human Services, and State fusion cen- native facilities; provide senior staff ters (as defined in section 210A(j) of the with international, national, and re- Homeland Security Act of 2002 (6 U.S.C. gional situational awareness reports; 124h(j)); and provide and maintain current in- (v) Liaise with the Director of Na- formation systems technology and Na- tional Intelligence to assist in the de- tional Security Systems to support velopment of periodic assessments and USDA executive crisis management ca- intelligence estimates, or other intel- pability.

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(C) Provide facilities and equipment and assist them in carrying out their to facilitate inter-agency coordination functions. during emergencies. (M) Support USDA in its manage- (D) Activate the USDA incident man- ment of the Department’s emergency agement system in accordance with the response program with respect to radi- National Response Framework and the ological emergency response activities. National Incident Management System (iii) Administer the Classified Net- in the event of a major incident; and work, Controlled Unclassified Informa- provide oversight and coordination of tion, and Insider Threat programs of the Department’s Emergency Support the Department (E.O. 13587; E.O. 13556 Functions as outlined in the National and 32 CFR part 2002). Response Framework. (iv) Serve as the primary point of (E) Develop and promulgate policies contact for Government Account- for the Department regarding emer- ability Office (GAO) and Office of the gency preparedness and national secu- Inspector General (OIG) audits of rity, including matters relating to USDA homeland security activities. anti-terrorism and agriculture-related (v) Coordinate interaction between emergency preparedness planning both Department agencies and private sec- national and international, and guid- tor businesses and industries in emer- ance to USDA State and County Emer- gency planning and public education gency Boards. under Department authorities dele- (F) [Reserved] gated or assigned under the National (G) Provide representation and liai- Response Framework, National Infra- son for the Department in contacts structure Protection Plan, Defense with other Federal entities and organi- Production Act of 1950, 50 U.S.C. App. zations, including the National Secu- 2061, et seq., and Robert T. Stafford Dis- rity Council, Homeland Security Coun- aster Relief and Emergency Assistance cil, Office of Management and Budget, Department of Homeland Security, Act, 42 U.S.C. 5121, et seq. Federal Emergency Management Agen- (vi) Oversee the Department’s ability cy, Office of The Director of National to collect and disseminate information Intelligence, and Department of De- and prepare for an agricultural disease fense concerning matters of a national emergency, agroterrorist act, or other security, natural disaster, other emer- threat to agricultural biosecurity, and gencies, and agriculture/food-related coordinate such activities among agen- international civil emergency planning cies and offices within the Department and related activities. (7 U.S.C. 8912). (H) Act as the primary USDA rep- (vii) Carry out protection operations resentative for anti-terrorism activi- for the Secretary, Deputy Secretary, ties. and other individuals as specified in (I) [Reserved] Section 12520 of the Agriculture Im- (J) Provide guidance and direction provement Act of 2018, including by au- regarding radiological emergency pre- thorizing law enforcement officers or paredness programs and the implemen- special agents to carry firearms; con- tation of the National Response duct criminal investigations into po- Framework’s Nuclear/Radiological In- tential threats to the security of indi- cident Annex to Departmental staff of- viduals protected under Section 12520; fices, mission areas, and agencies. make arrests without a warrant for (K) Provide program leadership and any offense against the United States coordination for USDA’s radiological committed in the presence of the law emergency preparedness requirements enforcement officer or special agent; with respect to Emergency Manage- perform protective intelligence work, ment and Assistance (44 CFR parts 350– including identifying and mitigating 352). potential threats and conducting ad- (L) Represent USDA on the Federal vance work to review security matters Radiological Preparedness Coordi- relating to sites and events; and co- nating Committee (FRPCC) and Re- ordinate with local law enforcement gional Assistance Committees (RACs) authorities (7 U.S.C. 2279k).

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(viii) Promulgate Departmental poli- gion and the physical access to USDA cies, standards, techniques, and proce- facilities. dures; and represent the Department in (J) Provide enterprise connectivity maintaining the security of physical to agency physical access control sys- facilities and providing security guid- tems that provide cost leveraging and ance to the Food and Agricultural Sec- provisioning/de-provisioning nation- tor nationwide. wide. (A) Lead and coordinate the develop- (ix) Provide oversight and coordina- ment and maintenance of a mission tion of the development and adminis- critical facility inventory with agency tration of the Department Continuity involvement to ensure proper security Program. This includes: countermeasures are implemented in (A) Provide guidance and direction the Department’s most critical infra- structure. regarding continuity of operations to (B) Provide guidance to USDA agen- the Office of the Secretary, Depart- cies in matters of physical security mental staff offices, mission areas, and through use of physical security assess- agencies. ments and development of mitigation (B) Represent and act as liaison for strategies. the Department in contacts with other (C) Provide guidance to USDA agen- Federal entities and organizations con- cies and the Food and Agricultural cerning matters of assigned continuity Sector in matters of security through program responsibilities. use of assessments and development of (C) Oversee Department continuity of mitigation strategies. operations and emergency relocation (D) Represent and act as liaison for facility planning, development, equip- the Department in contacts with other ping, and preparedness to ensure that Federal security entities and organiza- resources are in a constant state of tions, including the Interagency Secu- readiness. rity Committee and the Department of (x) Provide for the development and Homeland Security. administration of a Public Trust pro- (E) Provide guidance and direction to gram for the safeguarding of national ensure physical security and agri- security information: culture/food security are fully inte- (A) Direct and administer USDA’s grated in USDA’s security prepara- public trust program established pursu- tions, which are reported to and coordi- ant to 5 CFR part 731 and Executive nated with the White House. Order 13488, ‘‘Granting Reciprocity on (F) Provide assistance to the USDA Excepted Service and Federal Con- agencies in preparation for and during tractor Employee Fitness and Reinves- a disaster to identify critical assets tigating Individuals in Positions of and possible alternate storage loca- Public Trust’’ (74 FR 4111, 3 CFR, 2010 tions. Comp., p. 189). (G) Conduct physical security inves- (B) Direct and administer USDA’s tigations and compliance reviews De- program under which information is partment-wide. safeguarded pursuant to Executive (H) Review and provide coordinated technical physical security assess- Order 13526, ‘‘Classified National Secu- ments for all new construction of lab- rity Information’’ (75 FR 707, 3 CFR, oratories, data centers, germplasm re- Comp. 2010, p. 298), or subsequent or- positories, and other mission critical ders. infrastructure during the design phase, (C) Establish and maintain Informa- and all leased facilities prior to con- tion Security policies and procedures tract award. for classifying, declassifying, safe- (I) Oversee and manage physical se- guarding, and disposing of classified curity aspects of the Common Identi- national security information and ma- fication Card (LincPass) Program to terials. ensure National Institute of Standards (D) Investigate or delegate authority and Technology (NIST) and General to investigate any potential com- Services Administration (GSA) compli- promises of classified national security ancy within the National Capital Re- information and take corrective action

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for violations or infractions under sec- tion and recycling in support of Execu- tion 5.5(b) of Executive Order 13526 or tive Orders 13423, ‘‘Strengthening Fed- any subsequent order. eral Environmental, Energy, and (E) Develop and maintain oversight Transportation Management,’’ 3 CFR, of all facilities throughout USDA 2007 Comp., p. 193, and 13514, ‘‘Federal where classified national security in- Leadership in Environmental, Energy, formation is or will be safeguarded, dis- and Economic Performance’’ (74 FR cussed, or processed including sole au- 52117, Oct. 8, 2009). thority to liaison with the Central In- (C) Occupational health, safety, and telligence Agency concerning guidance, related functions; and environmental approval, requirements, and oversight compliance pursuant to Executive of USDA secure facilities. Order 12088, ‘‘Federal Compliance with (F) Act as the USDA focal point to Pollution Control Standards,’’ 3 CFR, identify, receive, disseminate and safe- 1978 Comp., p. 243, to ensure actions are guard USDA related intelligence infor- taken for the prevention, control, and mation as required; convey informa- abatement of environmental pollution. tion to USDA policy officials; and li- (ii) Provide centralized Departmental aise with the intelligence community, business services including: as appropriate. (A) Printing, copy reproducing, offset (xi) Control within USDA the acqui- composing, mail management and de- sition, use, and disposal of material livery, and automated mailing lists. and equipment that can be a source of (B) USDA Nationwide mail manage- ionizing radiation. ment policy. (A) Promulgate policies and proce- (C) Operation of a disability resource dures for ensuring the safety of USDA center for all USDA agencies in the employees, the public, and the environ- Washington, DC metropolitan area and ment resulting from USDA’s use of ion- nationwide in the areas of accessible izing radiation sources. technologies and reasonable accom- (B) Maintain and ensure compliance modations. with the Nuclear Regulatory Commis- (D) General supplies, shipping and re- sion regulations (Title 10, Code of Fed- ceiving, warehouse and labor services. eral Regulations) and license(s) issued (E) Operation of a USDA Consoli- to USDA for the acquisition, use, and dated Forms and Publications Dis- disposal of radioactive materials. tribution Center for storage and na- (9) Related to operations support to the tionwide distribution of USDA program Department of Agriculture headquarters forms and publications. complex, George Washington Carver Cen- (F) Excess personal property oper- ter, and leased facilities in the Wash- ations with disposition responsibility ington metro area. (i) Provide services for all USDA agencies in the Wash- relating to facilities management and ington, DC metropolitan area. daily operational support for agencies (G) Operation of a GSA authorized and offices occupying USDA’s head- Federal excess property Sales Center quarters complex, George Washington for USDA property and other govern- Carver Center, and, in coordination ment agencies in the Washington, DC with the General Services Administra- metropolitan area via Memorandum of tion (GSA), USDA leased facilities in Understanding (MOU). the Washington, DC metropolitan area, (iii) Promulgate Departmental regu- as well as at emergency relocation lations, standards, techniques, and pro- sites and certain critical facilities cedures and represent the Department specified by the Assistant Secretary for in managing and maintaining a com- Administration in the following areas: prehensive physical and technical secu- (A) Acquiring, leasing, utilizing, con- rity program including access control, structing, maintaining, and disposing management of special police officer of real property, including control of and guard services, executive driving, space assignments, and architecture parking, ID badging in accordance with and engineering design oversight. HSPD–12, occupant emergency and (B) Sustainable Operations leader- warden services at the USDA Head- ship and management in the areas of quarters Complex, George Washington internal energy efficiency, conserva- Carver Center and, in coordination

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with GSA, USDA leased facilities in ices to the Immediate Office of the Sec- the Washington, DC metropolitan area, retary. as well as at emergency relocation (11) [Reserved] sites and certain critical facilities (12) Related to Office of Administrative specified by the Assistant Secretary for Law Judges. (i) Assign, after appro- Administration. priate consultation with other general (iv) Provide management and over- officers, to the Office of Administrative sight of the Secretary’s People’s Gar- Law Judges proceedings not subject to den initiative and the USDA Visitor’s 5 U.S.C. 556 and 557, involving the hold- Center for education and outreach to ings of hearings and performance of re- USDA and the public. lated duties pursuant to the applicable (v) Represent the Department in con- rules of practice, when the Assistant tacts with other organizations or agen- Secretary for Administration deter- cies on matters related to assigned re- mines that because of the nature of the sponsibilities. proceeding it would be desirable for the (vi) Provide services, including travel proceeding to be presided over by an support, conference management, and Administrative Law Judge and that general administrative support includ- such duties and responsibilities would ing coordination of office renovations not be inconsistent with those of an and moves (within USDA Whitten Administrative Law Judge. Building), with authority to take ac- (ii) Provide administrative super- tions required by law or regulation to vision of the Office of Administrative perform such services for: Law Judges. (A) The Secretary of Agriculture. (iii) Maintain overall responsibility and control over the Hearing Clerk’s (B) The general officers of the De- activities which include the custody of partment, except the Inspector Gen- and responsibility for the control, eral. maintenance, and servicing of the (C) The offices and agencies reporting original and permanent records of all to the Assistant Secretary for Admin- USDA administrative proceedings con- istration. ducted under the provisions of 5 U.S.C. (D) The Office of the Assistant Sec- 556 and 557: retary for Civil Rights. (A) Receiving, filing and acknowl- (E) Any other offices or agencies of edging the receipt of complaints, peti- the Department as may be agreed. tions, answers, briefs, arguments, and (vii) Prepare responses to requests all other documents that may be sub- under the Freedom of Information Act mitted to the Secretary or the Depart- with authority to take actions as re- ment of Agriculture in such pro- quired by law or regulation for the of- ceedings. fice and agencies reporting to the As- (B) Receiving and filing complaints, sistant Secretary for Administration. notices of inquiry, orders to show (viii) Administer the records manage- cause, notices of hearing, designations ment program in support of Depart- of Administrative Law Judges or pre- mental Administration, and prepare siding officers, answers, briefs, argu- and coordinate responses to manage- ments, orders, and all other documents ment audits by the Inspector General that may be promulgated or issued by and the Government Accountability the Secretary or other duly authorized Office, with authority to take actions officials of the Department of Agri- as required by law or regulation for the culture in such proceedings. offices and agencies reporting to the (C) Supervising the service upon the Assistant Secretary for Administra- parties concerned of any documents tion. that are required to be served, and (10) Related to Secretarial correspond- where required, preserving proof of ence. (i) Exercise responsibility for all service. correspondence control and related (D) Keeping a docket record of all records management functions for the such documents and proceedings. Office of the Secretary. (E) Filing a stenographic record of (ii) Provide administrative, editorial, each administrative hearing where a and project management support serv- transcript is required.

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(F) Preparing for certification and (3) Other general. (i) Approval of prize certifying under the Secretary’s fac- competitions that may result in the simile signature, material on file in award of more than $1,000,000 in cash the Hearing Clerk’s office. prizes under section 24(m)(4)(B) of the (G) Performing any other clerical du- Stevenson-Wydler Technology Innova- ties with respect to the documents rel- tion Act of 1980 (15 U.S.C. ative to such proceedings as may be re- 3719(m)(4)(B)). quired to be performed. (ii) [Reserved] (H) Cooperating with the Office of [75 FR 43368, July 23, 2010, as amended at 77 Operations in the letting of contracts FR 14951,14952, Mar. 14, 2012; 78 FR 40937, July for stenographic and reporting serv- 9, 2013; 79 FR 44109, July 30, 2014; 80 FR 58337, ices; and forwarding vouchers to appro- Sept. 29, 2015; 83 FR 61311, Nov. 29, 2018; 85 FR priate agencies for payment. 65510, Oct. 15, 2020] (I) Receiving and compiling data, EDITORIAL NOTE: At 85 FR 65510, Oct. 15, views or comments filed in response to 2020, § 2.24 was amended by revising para- notices of proposed standards or rules graph (a)(8) however, there is some extra or regulations. text included after paragraph (a)(8)(x)(M) (J) Performing upon request the fol- starting with paragraph (iii). There is al- lowing services with respect to any ready a paragraph (iii) earlier in the revi- hearings in such proceedings: sion. (1) Arranging for suitable hearing place. § 2.25 Assistant Secretary for Civil Rights. (2) Arranging for stenographic re- porting of hearings and handling de- (a) The following delegations of au- tails in connection therewith. thority are made by the Secretary to (13) Other general. (i) Carry out prize the Assistant Secretary for Civil competition authorities in section 24 of Rights: the Stevenson-Wydler Technology In- (1) Provide overall leadership, coordi- novation Act of 1980 (15 U.S.C. 3719) re- nation, and direction for the Depart- lated to functions otherwise delegated ment’s programs of civil rights, includ- to the Assistant Secretary for Admin- ing program delivery, compliance, and istration, except for authorities dele- equal employment opportunity, with gated to the Chief Financial Officer in emphasis on the following: § 2.28(a)(29) and authorities reserved to (i) Actions to enforce Title VI of the the Secretary in paragraph (b)(3) of Civil Rights Act of 1964, 42 U.S.C. 2000d, this section. prohibiting discrimination in federally (ii) Provide Departmentwide coordi- assisted programs. nation for efforts to improve customer (ii) Actions to enforce Title VII of service. the Civil Rights Act of 1964, as amend- (b) The following authorities are re- ed, 42 U.S.C. 2000e, prohibiting dis- served to the Secretary of Agriculture: crimination in Federal employment. (1) Related to financial systems and (iii) Actions to enforce Title IX of the budget formulation and execution. Education Amendments of 1972, 20 (i) Final approval of the Depart- U.S.C. 1681, et seq., prohibiting dis- ment’s program and financial plans. crimination on the basis of sex in (ii) [Reserved] USDA education programs and activi- (2) Related to human resources manage- ties funded by the Department. ment. Make final determinations in the (iv) Actions to enforce the Age Dis- following areas: crimination Act of 1975, 42 U.S.C. 6102, (i) Separation of employees for secu- prohibiting discrimination on the basis rity reasons. of age in USDA programs and activities (ii) Restoration to duty of employees funded by the Department. following suspension from duty for se- (v) Actions to enforce section 504 of curity reasons. the Rehabilitation Act of 1973, as (iii) Reinstatement or restoration to amended, 29 U.S.C. 794, prohibiting dis- duty or the employment of any person crimination against individuals with separated for security reasons. disabilities in USDA programs and ac- (iv) Issuance of temporary certifi- tivities funded or conducted by the De- cates to occupy sensitive positions. partment.

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(vi) Actions to enforce related Execu- so designated will make an initial deci- tive Orders, Congressional mandates, sion or certify the record to the Sec- and other laws, rules, and regulations, retary with his or her recommended as appropriate. findings and proposed action. (2) Evaluate Departmental agency (10) Authorize the taking of action programs, activities, and impact state- pursuant to § 15.8(a) of this title relat- ments for civil rights concerns. ing to compliance by ‘‘other means au- (3) Analyze and evaluate program thorized by law.’’ participation data and equal employ- (11) Make determinations required by ment opportunity data, and make its § 15.8(d) of this title that compliance analyses available to other appropriate cannot be secured by voluntary means, Departmental entities, including the and then take action, as appropriate. Office of Advocacy and Outreach and (12) Make determinations that pro- affected agencies and mission areas. gram complaint investigations per- (4) Provide leadership and coordinate formed under § 15.6 of this title estab- the Department-wide programs of pub- lish a proper basis for findings of dis- lic notification regarding the avail- crimination and that actions taken to ability of USDA programs and employ- correct such findings are adequate. ment opportunities on a nondiscrim- (13) Investigate (or make determina- inatory basis. tions that program complaint inves- (5) Coordinate with the Department tigations establish a proper basis for of Justice on matters relating to title final determinations), make final de- VI of the Civil Rights Act of 1964 (42 terminations on both the merits and U.S.C. 2000d), title IX of the Education required corrective action, and, where Amendments of 1972 (20 U.S.C. 1681, et applicable, make recommendations to seq.), and section 504 of the Rehabilita- the Secretary that relief be granted tion Act of 1973, as amended (29 U.S.C. under 7 U.S.C. 6998(d) notwithstanding 794), except those matters in litigation, the finality of National Appeals Divi- including administrative enforcement sion decisions, as to complaints filed actions, which shall be coordinated by under parts 15a, 15b, and 15d of this the Office of General Counsel. title. (6) Coordinate with the Department (14) Conduct civil rights investiga- of Health and Human Services on mat- tions and compliance reviews Depart- ters relating to the Age Discrimination ment-wide. Act of 1975, 42 U.S.C. 6102, except those (15) Develop regulations, plans, and matters in litigation, including admin- procedures necessary to carry out the istrative enforcement actions, which Department’s civil rights programs, in- shall be coordinated by the Office of cluding the development, implementa- General Counsel. tion, and coordination of Action Plans. (7) Order proceedings and hearings in (16) Related to Equal Employment the Department pursuant to §§ 15.9(e) Opportunity (EEO). Is designated as and 15.86 of this title, which concern the Department’s Director of Equal consolidated or joint hearings within Employment Opportunity with author- the Department or with other Federal ity: departments and agencies. (i) To perform the functions and re- (8) Order proceedings and hearings in sponsibilities of that position under 29 the Department pursuant to § 15.8 of CFR part 1614, including the authority: this title after the program agency has (A) To make changes in programs advised the applicant or recipient of and procedures designed to eliminate his or her failure to comply and has de- discriminatory practices and improve termined that compliance cannot be the Department’s EEO program. secured by voluntary means. (B) To provide EEO services for man- (9) Issue orders to give a notice of agers and employees. hearing or the opportunity to request a (C) To make final agency decisions, hearing pursuant to part 15 of this or enter into settlement agreements on title; arrange for the designation of an EEO complaints by Department em- Administrative Law Judge to preside ployees or applicants for employment over any such hearing; and determine and order such corrective measures in whether the Administrative Law Judge response to such complaints as may be

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considered necessary, except that in or other outside authority, and provide qualifying cases as described in timely notice of such appeals to the Of- § 2.31(a)(18) the Assistant Secretary for fice of General Counsel and the Civil Civil Rights must first obtain legal suf- Rights Director of the affected agency. ficiency review and concurrence by the (18) Make final determinations, or General Counsel before extending set- enter into settlement agreements, on tlement offers or entering into settle- discrimination complaints in federally ment agreements. Corrective measures conducted programs subject to the may include recommending to the Of- Equal Credit Opportunity Act. This fice of Human Resources Management delegation includes the authority to and the affected agency or office that make compensatory damage awards appropriate disciplinary action be whether pursuant to a final determina- taken when an employee has been tion or in a settlement agreement found to have engaged in a discrimina- under the authority of the Equal Credit tory practice. Opportunity Act and the authority to (ii) Administer the Department’s obligate agency funds, including Com- EEO program. modity Credit Corporation and Federal (iii) Oversee and manage the EEO Crop Insurance Corporation funds to counseling function for the Depart- satisfy such an award. ment. (19) Make final determinations in (iv) Process formal EEO complaints proceedings under part 15f of this title by employees or applicants for employ- where review of an administrative law ment. judge decision is undertaken. (v) Investigate Department EEO com- (20) Provide civil rights and equal plaints and make final decisions on employment opportunity support serv- EEO complaints, except in those cases ices, with authority to take actions re- where the Assistant Secretary for Civil quired by law or regulation to perform Rights (or a person directly supervised such services for: by the Assistant Secretary for Civil (i) The Secretary of Agriculture. Rights) has participated in the events (ii) The general officers of the De- that gave rise to the matter. partment. (vi) Order such corrective measures (iii) The offices and agencies report- in EEO complaints as may be consid- ing to the Assistant Secretary for Ad- ered necessary. Corrective measures ministration. may include recommending to the Of- (iv) Any other offices or agencies of fice of Human Resources Management the Department as may be agreed. and the affected agency or office that (21) Related to Alternative Dispute Res- appropriate disciplinary action be olution. taken when an employee has been (i) Designate the senior official to found to have engaged in a discrimina- serve as the Department Dispute Reso- tory practice. lution Specialist pursuant to section 3 (vii) Provide liaison on EEO matters of the Administrative Dispute Resolu- concerning complaints and appeals tion Act, Public Law 101–552, as amend- with the Department agencies and De- ed (5 U.S.C. 571 note), and provide lead- partment employees. ership, direction, and coordination for (viii) Conduct EEO evaluations and the Department’s conflict prevention develop policy regarding EEO pro- and resolution activities. grams. (ii) Issue Departmental regulations, (ix) Provide liaison on EEO programs policies, and procedures relating to the and activities with the Equal Employ- use of Alternative Dispute Resolution ment Opportunity Commission and the (ADR) to resolve employment com- Office of Personnel Management. plaints and grievances, workplace dis- (17) Administer the discrimination putes, program complaints alleging appeals and complaints program for civil rights violations, and contract the Department, including all formal and procurement disputes. individual or group appeals, where the (iii) Provide ADR services for: system provides for an avenue of re- (A) The Secretary of Agriculture. dress to the Department level, Equal (B) The general officers of the De- Employment Opportunity Commission, partment.

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(C) The offices and agencies reporting ant Secretary for Civil Rights, except to the Assistant Secretary for Admin- for authorities delegated to the Chief istration. Financial Officer in § 2.28(a)(29) and au- (D) Any other office or agency of the thorities reserved to the Secretary in Department as may be agreed. paragraph (b)(1) of this section. (iv) Develop and issue standards for (26) As directed by section 12403(a) of mediators and other ADR neutrals uti- the Agriculture Improvement Act of lized by the Department. 2018, conduct civil rights impact anal- (v) Coordinate ADR activities yses in accordance with Departmental throughout the Department. Regulation 4300–004 issued on October (vi) Monitor agency ADR programs 17, 2016, with respect to the Depart- and report at least annually to the Sec- ment’s employment, federally con- retary on the Department’s ADR ac- ducted programs and activities, and tivities. federally assisted programs and activi- (22) Prepare, submit, and make pub- ties. licly available the civil rights report (b) The following authorities are re- required by section 14010 of the Food, served to the Secretary of Agriculture: Conservation, and Energy Act of 2008 (7 (1) Approval of prize competitions U.S.C. 2279–2). that may result in the award of more (23) Redelegate, as appropriate, any than $1,000,000 in cash prizes under sec- authority delegated under paragraphs tion 24(m)(4)(B) of the Stevenson- (a)(1) through (22) of this section to Wydler Technology Innovation Act of general officers of the Department and 1980 (15 U.S.C. 3719(m)(4)(B)). heads of Departmental agencies. (2) [Reserved] (24) Award grants and enter into co- [77 FR 14953, Mar. 14, 2012, as amended at 78 operative agreements, as appropriate, FR 40937, July 9, 2013; 79 FR 44109, July 30, under the following authorities only 2014; 80 FR 58337, Sept. 29, 2015; 85 FR 65512, for the purpose of conducting outreach Oct. 15, 2020] efforts in connection with the duties and powers delegated to the Assistant § 2.26 Under Secretary for Trade and Secretary for Civil Rights under this Foreign Agricultural Affairs. section: (a) The following delegations of au- (i) Grants and cooperative agree- thority are made by the Secretary of ments under section 2501(a)(3) of the Agriculture to the Under Secretary for Food, Agriculture, Conservation, and Trade and Foreign Agricultural Af- Trade Act of 1990 (7 U.S.C. 2279(a)(3)); fairs: (ii) Cooperative agreements under (1) Related to foreign agriculture. (i) section 1472(b) of the National Agricul- Coordinate the carrying out by Depart- tural Research, Extension, and Teach- ment agencies of their functions in- ing Policy Act of 1977 (7 U.S.C. 3318(b)); volving foreign agricultural policies (iii) Grants and cooperative agree- and programs and their operations and ments under section 1472(c) of the Na- activities in foreign areas. Act as liai- tional Agricultural Research, Exten- son on these matters and functions re- sion, and Teaching Policy Act of 1977 (7 lating to foreign agriculture between U.S.C. 3318(c)); the Department of Agriculture and the (iv) Cooperative agreements under Department of State, the United States section 607(b)(4) of the Rural Develop- Trade Representative, the Trade Policy ment Act of 1972 (7 U.S.C. 2204b(b)(4)); Committee, the Agency for Inter- and national Development, and other de- (v) Cooperative agreements under partments, agencies, and committees section 714 of the Agriculture, Rural of the U.S. Government, foreign gov- Development, Food and Drug Adminis- ernments, the Organization for Eco- tration, and Related Agencies Appro- nomic Cooperation and Development, priations Act, 2001 (7 U.S.C. 6962a). the European Union, the Food and Ag- (25) Carry out prize competition au- riculture Organization of the United thorities in section 24 of the Steven- Nations, the International Bank for son-Wydler Technology Innovation Act Reconstruction and Development, the of 1980 (15 U.S.C. 3719) related to func- Inter-American Development Bank, tions otherwise delegated to the Assist- the Organization of American States,

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and other public and private U.S. and and to acquire information on demand, international organizations, and the competition, marketing, and distribu- contracting parties to the World Trade tion of U.S. agricultural commodities Organization (WTO). abroad pursuant to title VI of the Agri- (ii) Administer Departmental pro- cultural Act of 1954, as amended (7 grams concerned with development of U.S.C. 1761–1768). foreign markets for agricultural prod- (vi) Exercise the Department’s func- ucts of the United States except func- tions with respect to the International tions relating to export marketing op- Coffee Agreement or any such future erations under section 32 of the Act of agreement. August 23, 1935, as amended (7 U.S.C. (vii) Administer functions of the De- 612c), delegated to the Under Secretary partment relating to import controls, for Marketing and Regulatory Pro- except those functions reserved to the grams, and utilization research dele- Secretary in paragraph (b) of this sec- gated to the Under Secretary for Re- tion and those relating to section 8e of search, Education, and Economics. the Agricultural Act of 1938 (7 U.S.C. (iii) Conduct studies of worldwide 608e–1), as assigned to the Under Sec- production, trade, marketing, prices, retary for Marketing and Regulatory consumption, and other factors affect- Programs. These include: ing exports and imports of U.S. agricul- (A) Functions under section 22 of the tural commodities; obtain information Agricultural Adjustment Act of 1933, as on methods used by other countries to amended (7 U.S.C. 624); move farm commodities in world trade (B) General note 15(c) to the Har- on a competitive basis for use in the monized Tariff Schedule of the United development of programs of this De- States (19 U.S.C. 1202); partment; provide information to do- (C) Requests for emergency relief mestic producers, the agricultural from duty-free imports of perishable trade, the public and other interests; products filed with the Department of and promote normal commercial mar- Agriculture under section 213(f) of the kets abroad. This delegation excludes Caribbean Basin Recovery Act of 1983 basic and long-range analyses of world (19 U.S.C. 2703(f)); conditions and developments affecting (D) Section 404 of the Trade and Tar- supply, demand, and trade in farm iff Act of 1984 (19 U.S.C. 2112 note); products and general economic anal- (E) Section 204(d) of the Andean yses of the international financial and Trade Preference Act (19 U.S.C. monetary aspects of agricultural af- 3203(d)); fairs as assigned to the Under Sec- (F) Functions under sections 309 and retary for Research, Education, and 316 of the North American Free Trade Economics. Agreement Implementation Act (19 (iv) Conduct functions of the Depart- U.S.C. 3358 and 3381); ment relating to WTO, the Trade Ex- (G) Section 301(a) of the United pansion Act of 1962 (19 U.S.C. 1801 et States–Canada Free Trade Agreement seq.), the Trade Act of 1974 (19 U.S.C. Implementation Act (19 U.S.C. 2112 2101 et seq.), the Trade Agreements Act note); and of 1979 (19 U.S.C. 2501 et seq.), the Omni- (H) Section 204 of the Agricultural bus Trade and Competition Act of 1988 Act of 1956, as amended (7 U.S.C. 1854). (19 U.S.C. 2901 et seq.), the provisions of (viii) Conduct Department activities subtitle B of title III of the North to carry out the provisions of the Ex- American Free Trade Agreement Im- port Administration Act of 1979, as plementation Act, and other legisla- amended (50 U.S.C. Chapter 56). tion affecting international agricul- (ix) Exercise the Department’s re- tural trade including the programs de- sponsibilities in connection with inter- signed to reduce foreign tariffs and national negotiations of the Grains other trade barriers. Trade Convention and in the adminis- (v) Maintain a worldwide agricultural tration of such Convention. intelligence and reporting system, in- (x) Plan and carry out programs and cluding provision for foreign agricul- activities under the foreign market tural representation abroad to protect promotion authority of: The Wheat Re- and promote U.S. agricultural interests search and Promotion Act (7 U.S.C.

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1292 note); the Cotton Research and ment and implementation of agree- Promotion Act (7 U.S.C. 2101–2118); the ments to finance the sale and expor- Potato Research and Promotion Act (7 tation of agricultural commodities U.S.C. 2611–2627); the Egg Research and under the Food for Peace Act (7 U.S.C. Consumer Information Act of 1974 (7 1691, 1701 et seq.). U.S.C. 2701–2718); the Beef Research and (xiii) [Reserved] Information Act, as amended (7 U.S.C. (xiv) Coordinate within the Depart- 2901–2911); the Wheat and Wheat Foods ment activities arising under the Food Research and Nutrition Education Act for Peace Act (except as delegated to (7 U.S.C. 3401–3417); the Floral Research the Under Secretary for Research, Edu- and Consumer Information Act of 1981 cation, and Economics in § 2.21(a)(8)), (7 U.S.C. 4301–4319); subtitle B of title I and represent the Department in its re- of the Dairy and Tobacco Adjustment lationships in such matters with the Act of 1983 (7 U.S.C. 4501–4514); the Department of State, any interagency Honey Research, Promotion, and Con- committee on the Food for Peace Act, sumer Information Act of 1984, as and other departments, agencies and amended (7 U.S.C. 4601–4613); the Pork committees of the Government. Promotion, Research, and Consumer (xv)–(xvi) [Reserved] Information Act of 1985 (7 U.S.C. 4801– (xvii) Carry out activities relating to 4819); the Watermelon Research and the sale, reduction, or cancellation of Promotion Act, as amended (7 U.S.C. debt, as authorized by title VI of the 4901–4916); the Pecan Promotion and Agricultural Trade and Development Research Act of 1990 (7 U.S.C. 6001– Act of 1954, as amended (7 U.S.C. 1738 et 6013); the Mushroom Promotion, Re- seq.). search, and Consumer Information Act (xviii) [Reserved] of 1990 (7 U.S.C. 6101–6112); the Lime Re- search, Promotion, and Consumer In- (xix) Allocate the agricultural com- formation Act of 1990 (7 U.S.C. 6201– modities acquired under price support 6212); the Soybean Promotion, Re- programs that have been determined search, and Consumer Information Act by the Under Secretary for Farm Pro- of 1990 (7 U.S.C. 6301–6311); the Fluid duction and Conservation or designee Milk Promotion Act of 1990 (7 U.S.C. to be available for export among the 6401–6417); the Fresh Cut Flowers and various export programs. Fresh Cut Greens Promotion and Con- (xx) Conduct economic analyses per- sumer Information Act (7 U.S.C. 6801– taining to the foreign sugar situation. 6814); the Sheep Promotion, Research, (xxi) Exercise the Department’s func- and Information Act of 1994 (7 U.S.C. tions with respect to the International 7101–7111); the Commodity Promotion, Sugar Agreement or any such future Research, and Information Act of 1996 agreements. (7 U.S.C. 7411–7425); the Canola and (xxii) Exercise the Department’s re- Rapeseed Research, Promotion, and sponsibilities with respect to tariff- Consumer Information Act (7 U.S.C. rate quotes for dairy products under 7441–7452); the National Kiwifruit Re- chapter 4 of the Harmonized Tariff search, Promotion, and Consumer In- Schedule of the United States (19 formation Act (7 U.S.C. 7461–7473); and, U.S.C. 1202). the Popcorn Promotion, Research, and (xxiii) Serve as a focal point for han- Consumer Information Act (7 U.S.C. dling quality or weight discrepancy in- 7481–7491). This authority includes de- quiries from foreign buyers of U.S. ag- termining the programs and activities ricultural commodities to insure that to be undertaken and assuring that they are investigated and receive a they are coordinated with the overall timely response and that reports there- departmental programs to develop for- of are made to appropriate parties and eign markets for U.S. agricultural government officials in order that cor- products. rective action may be taken. (xi) Formulate policies and admin- (xxiv) Establish and administer regu- ister barter programs under which ag- lations relating to foreign travel by ricultural commodities are exported. employees of the Department. Regula- (xii) Perform functions of the Depart- tions will include, but not be limited ment in connection with the develop- to, obtaining and controlling passports,

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obtaining visas, coordinating Depart- retary’s authority in 7 U.S.C. 3292, in- ment of State medical clearances and cluding coordinating with the Under imposing requirements for itineraries Secretary for Research, Education, and and contacting the Foreign Agricul- Economics to place interns from cov- tural Affairs Officers upon arrival in ered institutions in, or in service to the Officers’ country(ies) of responsi- benefit, developing countries. bility. (xxxi) Administer programs under (xxv) Formulate policies and admin- the Food for Progress Act of 1985 (7 ister programs and activities author- U.S.C. 1736o), except as otherwise dele- ized by the Agricultural Trade Act of gated in § 2.42(a)(43). 1978, as amended (7 U.S.C. 5601 et seq.). (xxxii) Serve as Department adviser (xxvi) Administer the Foreign Serv- ice personnel system for the Depart- on policies, organizational arrange- ment in accordance with 22 U.S.C. 3922, ments, budgets, and actions to accom- except as otherwise delegated to the plish international scientific and tech- Under Secretary for Marketing and nical cooperation in food and agri- Regulatory Programs in § 2.22(a)(2)(i), culture. but including authority to approve (xxxiii) Administer and direct the joint regulations issued by the Depart- Department’s programs in inter- ment of State and authority to rep- national development, technical assist- resent the Department of Agriculture ance, and training carried out under in all interagency consultations and the Foreign Assistance Act, as amend- negotiations with the other foreign af- ed, as requested under such act (22 fairs agencies with respect to joint reg- U.S.C. 2151 et seq.). ulations. (xxxiv) Administer and coordinate as- (xxvii) Establish and maintain U.S. signed Departmental programs in Agricultural Trade Offices, to develop, international research and scientific maintain and expand international and technical cooperation with other markets for U.S. agricultural commod- governmental agencies, land grant uni- ities in accordance with title IV of versities, international organizations, Public Law No. 95–501 (7 U.S.C. 1765a– international agricultural research g). centers, and other organizations, insti- (xxviii) Administer the programs tutions, or individuals (7 U.S.C. 1624, under section 416(b) of the Agricultural Act of 1949, as amended (7 U.S.C. 3291). 1431(b)), relating to the foreign dona- (xxxv) Direct and coordinate the De- tion of CCC stocks of agricultural com- partment’s participation in scientific modities, except as otherwise delegated and technical matters and exchange in § 2.42(a)(43). agreements between the United States (xxix) Support remote sensing activi- and other countries. ties of the Department and research (xxxvi) Direct and coordinate the De- with satellite imagery including: partment’s work with international or- (A) Providing liaison with U.S. space ganizations and interagency commit- programs; tees concerned with food and agricul- (B) Providing administrative man- tural development programs (7 U.S.C. agement of the USDA Remote Sensing 2201–2202). Archive and the transfer of satellite (xxxvii) Coordinate policy formula- imagery to all USDA agencies; tion for USDA international science (C) Coordinating all agency satellite and technology programs concerning imagery data needs; and international agricultural research (D) Arranging for acquisition, and centers, international organizations, preparation of imagery for use to the and international agricultural research extent of existing capabilities. and extension activities (7 U.S.C. 3291). (xxx) Promote cooperation and co- ordination between 1862, 1890, 1994, and (xxxviii) Disseminate, upon request, NLGCA Institutions, HSACUs, and co- information on subjects connected with operating forestry schools and inter- agriculture which has been acquired by national partner institutions in devel- USDA agencies that may be useful to oping countries by exercising the Sec- the U.S. private sector in expanding

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foreign markets and investment oppor- (B) Section 12315 relating to the Agri- tunities through the operation of a De- culture Wool Apparel Manufacturers partment information center, pursuant Trust Fund (7 U.S.C. 7101 note), in co- to 7 U.S.C. 2201. ordination with the Under Secretary (xxxix) Enter into contracts, grants, for Farm Production and Conservation. cooperative agreements, and cost reim- (l) In consultation with the Tribal bursable agreements relating to agri- Advisory Committee and the Director cultural research, extension, or teach- of the Office of Tribal Relations, and in ing activities (7 U.S.C. 3318, 3319a). coordination with the Secretaries of (xl) Determine amounts reimbursable Commerce, State, Interior, and the for indirect costs under international heads of any other relevant Federal agricultural programs and agreements agencies, implement section 3312 of the (7 U.S.C. 3319). Agriculture Improvement Act of 2018 (7 (xli) Administer the Cochran Fellow- U.S.C. 5608) to support greater inclu- ship Program (7 U.S.C. 3293). sion of Tribal agricultural food prod- (xlii) Determine quantity trigger lev- ucts in Federal trade activities. els and impose additional duties under (2) [Reserved] the special safeguard measures in ac- (3) Administer responsibilities and cordance with U.S. note 2 to sub- functions assigned under the Defense chapter IV of chapter 99 of the Har- Production Act of 1950 (50 U.S.C. App. monized Tariff Schedule of the United 2061 et seq.), and title VI of the Robert States (19 U.S.C. 1202). T. Stafford Disaster Relief and Emer- (xliii) Implement provisions of the gency Assistance Act (42 U.S.C. 5195 et Trade Act of 1974 regarding adjustment seq.), concerning foreign agricultural assistance for farmers (19 U.S.C. 2401– intelligence and other foreign agricul- 2401g). tural matters. (xliv) Implement section 3107 of the (4) Carry out prize competition au- Farm Security and Rural Investment thorities in section 24 of the Steven- Act of 2002 (7 U.S.C. 1736o–1). son-Wydler Technology Innovation Act (xlv) Administer the International of 1980 (15 U.S.C. 3719) related to func- Agricultural Education Fellowship tions otherwise delegated to the Under Program (7 U.S.C. 3295). Secretary for Trade and Foreign Agri- (xlvi) Implement section 3206 of the cultural Affairs, except for authorities Food, Conservation, and Energy Act of delegated to the Chief Financial Officer 2008 (7 U.S.C. 1726c) regarding local and in § 2.28(a)(29) and authorities reserved regional food aid procurement projects. to the Secretary in paragraph (b)(2) of (xlvii) Administer the Borlaug Inter- this section. national Agricultural Science and (5) Related to the U.S. Codex Office. (i) Technology Fellowship Program (7 Inform the public of the sanitary and U.S.C. 3319j). phytosanitary standard-setting activi- (xlviii) Compile and make available ties of the Codex Alimentarius Com- information relating to the improve- mission (19 U.S.C. 2578; Pres. Proc. ment of international food security, 6780). and provide technical assistance for (ii) Enter into agreements with orga- the improvement of international food nizations, institutions or individuals security to Federal, State, or local throughout the world to conduct ac- agencies; agencies or instrumentalities tivities related to the sanitary and of the government of foreign country; phytosanitary standard-setting activi- domestic or international organiza- ties of the Codex Alimentarius Com- tions; or intergovernmental organiza- mission, including international out- tions (7 U.S.C. 1736dd). reach and education, in order to pro- (xlix) Administer the following provi- mote and support the development of a sions of the Agricultural Act of 2014, viable and sustainable global agricul- Public Law 113–79: tural system; antihunger and improved (A) Section 12314 relating to the international nutrition efforts; and in- Pima Agriculture Cotton Trust Fund (7 creased quantity, quality, and avail- U.S.C. 2101 note), in coordination with ability of food (7 U.S.C. 3291). the Under Secretary for Farm Produc- (iii) Coordinate with institutions and tion and Conservation. other persons throughout the world

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performing agricultural and related re- investigation to be made by the Tariff search, extension, and teaching activi- Commission of the facts so that a de- ties by exchanging research materials termination can be made whether im- and results with such institutions or port restrictions should be imposed persons or by conducting with such in- under that Act, and determining under stitutions or persons joint or coordi- section 204(e) of the Andean Trade nated research, extension, or teaching Preference Act (19 U.S.C. 3203(e)) that activities that are related to the sani- there exists a serious injury, or threat tary and phytosanitary standard-set- thereof and recommending to the ting activities of the Codex President whether or not to take ac- Alimentarius Commission and that ad- tion. dress problems of significance to food (iii) Determining the agricultural and agriculture in the United States (7 commodities and the quantities thereof U.S.C. 3291). available for disposition under the (iv) Work with transitional and more Food for Peace Act (7 U.S.C. 1731). advanced countries in food, agricul- (2) Approval of prize competitions tural, and related research, develop- that may result in the award of more ment, teaching, and extension activi- than $1,000,000 in cash prizes under sec- ties related to the sanitary and tion 24(m)(4)(B) of the Stevenson- phytosanitary standard-setting activi- Wydler Technology Innovation Act of ties of the Codex Alimentarius Com- 1980 (15 U.S.C. 3719(m)(4)(B)). mission (7 U.S.C. 3291). [83 FR 22181, May 14, 2018, as amended at 85 (v) Enter into contracts, grants, co- FR 65512, Oct, 15, 2020] operative agreements, and cost reim- EDITORIAL NOTE: At 85 FR 65510, Oct. 15, bursable agreements to carry out the 2020, § 2.24 was amended by revising para- Department’s agricultural research, ex- graph (a)(8) however, there is some extra tension, or teaching activities related text included after paragraph (a)(8)(x)(M) to the sanitary and phytosanitary starting with paragraph (iii). There was al- standard-setting activities of the Codex ready a paragraph (iii) earlier in the revi- Alimentarius Commission (7 U.S.C. sion. 3318, 3319a). (vi) Determine amounts reimbursable Subpart D—Delegations of Author- for indirect costs under international ity to Other General Officers agricultural programs and agreements and Agency Heads (7 U.S.C. 3319). (vii) Coordinate policy formulation EDITORIAL NOTE: Nomenclature changes to for USDA international science and subpart D of part 2 appear at 60 FR 66713, technology programs concerning the Dec. 26, 1995. sanitary and phytosanitary standard- setting activities of the Codex § 2.27 Office of Administrative Law Alimentarius Commission (7 U.S.C. Judges. 3291). (a) The following designations are (b) The following authorities are re- made by the Secretary of Agriculture served to the Secretary of Agriculture: to the Office of Administrative Law (1) Related to foreign agriculture. (i) Judges: Approving export controls with respect (1) Administrative law judges (for- to any agricultural commodity, includ- merly hearing examiners) are des- ing fats and oils or animal hides or ignated pursuant to 5 U.S.C. 556(b)(3) to skins as provided for in the Export Ad- hold hearings and perform related du- ministration Act of 1969, as amended ties in proceedings subject to 5 U.S.C. (50 U.S.C. App. 2401 et seq.). 556 and 557, arising under the Agricul- (ii) Advising the President that im- tural Marketing Agreement Act of 1937, ports are having the effect on programs as amended (7 U.S.C. 601 et seq.); the or operations of this Department re- as amended quired as a prerequisite for the imposi- (7 U.S.C. 1 et seq.); the Perishable Agri- tion of import controls under section 22 cultural Commodities Act, as amended of the Agricultural Adjustment Act of (7 U.S.C. 499a et seq.); the Federal Seed 1933, as amended (7 U.S.C. 624a), recom- Act, as amended (7 U.S.C. 1551 et seq.); mending that the President cause an the (Laboratory) Animal Welfare Act,

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as amended (7 U.S.C. 2131 et seq.); the riculture, is responsible for executing Packers and Stockyards Act, 1921, as the duties enumerated for agency Chief amended and supplemented (7 U.S.C. Financial Officers in the Chief Finan- 181 et seq.); the Forest Resources Con- cial Officers Act of 1990, Public Law servation and Shortage Relief of 1990 101–576, 31 U.S.C. 902, and additional (16 U.S.C. 630 et seq.); and any other specified duties, including: acts providing for hearings to which (1) Report directly to the Secretary the provisions of 5 U.S.C. 556 and 557, regarding financial management mat- are applicable. Pursuant to the applica- ters. ble rules of practice, the administra- (2) Oversee all financial management tive law judges shall make initial deci- activities relating to the programs and sions in adjudication and rate pro- operations of the Department and com- ceedings subject to 5 U.S.C. 556 and 557. ponent agencies. Such decisions shall become final with- (3) Develop and maintain an inte- out further proceedings unless there is grated accounting and financial system an appeal to the Secretary by a party for the Department and component to the proceeding in accordance with agencies, including financial reporting the applicable rules of practice: Pro- and internal controls, which— vided, however, that no decision shall (i) Complies with applicable account- be final for purposes of judicial review ing principles, standards, and require- except a final decision of the Secretary ments, and internal control standards; upon appeal. As used herein, ‘‘Sec- (ii) Complies with such policies and retary’’ means the Secretary of Agri- requirements as may be prescribed by culture, the Judicial Officer, or other the Director of the Office of Manage- officer or employee of the Department ment and Budget (OMB); delegated, pursuant to the Act of April (iii) Complies with any other require- 4, 1940 (7 U.S.C. 450c–450g), and Reorga- ments applicable to such systems; and nization Plan No. 2 of 1953 (5 U.S.C. (iv) Provides for complete, reliable, App.), ‘‘regulatory functions’’ as that consistent, and timely information term is defined in the 1940 Act, in act- which is prepared on a uniform basis ing as final deciding officer in adju- and which is responsive to the financial dication and rate proceedings subject information needs of Department man- to 5 U.S.C. 556 and 557. Administrative agement and for the development and Law Judges are delegated authority to reporting of cost information, the inte- hold hearings and perform related du- gration of accounting and budgeting ties as provided in the Rules of Prac- information, and the systematic meas- tice Governing Cease and Desist Pro- urement of performance. ceedings Under Section 2 of the Capper- (4) Make recommendations to the Volstead Act, set forth in part 1, sub- Secretary regarding the selection of part I of this title. the Deputy Chief Financial Officer of (2) [Reserved] the Department, and selection of prin- (b) The Chief Administrative Law cipal financial officers of component Judge is delegated the following ad- agencies of the Department. ministrative responsibilities subject to (5) Direct, manage, and provide pol- the guidance and control of the Assist- icy guidance and oversight of Depart- ant Secretary for Administration (See ment financial management personnel, § 2.24(a)(12)): activities, and operations, including: (1) Exercise general responsibility (i) Prepare and annually revise a De- and authority for all matters related to partmental plan to: the administrative activities of the Of- (A) Implement the 5-year financial fice of Administrative Law Judges; and management plan prepared by the Di- (2) Direct the functions of the Hear- rector of OMB under 31 U.S.C. ing Clerk as set out in § 2.24(a)(12)(iii). 3512(a)(3); and [60 FR 56393, Nov. 8, 1995, as amended at 75 (B) Comply with the requirements es- FR 43380, July 23, 2010] tablished for agency financial state- ments under 31 U.S.C. 3515 and with the § 2.28 Chief Financial Officer. requirements for audits of Department (a) The Chief Financial Officer, under financial statements established in 31 the supervision of the Secretary of Ag- U.S.C. 3521(e) and (f).

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(ii) Develop Departmental financial ommendations, or other material that management budgets, including the are the property of the Department or oversight and recommendation of ap- that are available to the Department, proval of component agency financial and that relate to programs and oper- management budgets. ations with respect to which the Chief (iii) Recruit, select, and train per- Financial Officer has responsibilities, sonnel to carry out Departmental fi- except that this grant allows no access nancial management functions. greater than that permitted under any (iv) Approve and manage Depart- other law to records, reports, audits, mental, and approve component agen- reviews, documents, papers, rec- cy, financial management systems de- ommendations, or other material of sign or enhancement projects. the Office of Inspector General. (v) Implement and approve Depart- (10) Request such information or as- mental, and approve component agen- sistance as may be necessary for car- cy, asset management systems, includ- rying out the duties and responsibil- ing systems for cash management, credit management, debt collection, ities granted by the Chief Financial Of- and property and inventory manage- ficers Act of 1990 (Pub. L. 101–576), from ment and control. any Federal, State, or local govern- (6) Prepare and transmit, by not later mental entity. than 60 days after the submission of (11) To the extent and in such the audit report required by 31 U.S.C. amounts as may be provided in advance 3521(f), an annual report to the Sec- by appropriations acts, enter into con- retary and the Director of OMB, which tracts and other arrangements with shall include: public agencies and with private per- (i) A description and analysis of the sons for the preparation of financial status of financial management of the statements, studies, analyses, and Department. other services, and making such pay- (ii) The annual financial statements ments as may be necessary to carry prepared under 31 U.S.C. 3521. out the duties and prerogatives of the (iii) The audit report transmitted to Chief Financial Officer. the Secretary under 31 U.S.C. 3521. (12) Designate the Department’s (iv) A summary of the reports on in- Comptroller of the Department Work- ternal accounting and administrative ing Capital Fund. control systems submitted to the (13) Establish Departmental policies, President and the Congress under the standards, techniques, and procedures amendments made by the Federal Man- applicable to all USDA agencies for the agers’ Financial Integrity Act of 1982 following areas: (31 U.S.C. 1113, 3512). (i) Development, maintenance, re- (v) Other information the Secretary view and approval of all departmental, considers appropriate to inform fully and review and approval of component the President and the Congress con- agency, internal control, fiscal, finan- cerning the financial management of cial management and accounting sys- the Department. (7) Monitor the financial execution of tems including the financial aspects of the budget of the Department in rela- payment management and property tion to projected and actual expendi- systems. tures, and prepare and submit to the (ii) Selection, standardization, and Secretary timely performance reports. simplification of program delivery (8) Review, on a biennial basis, the processes utilizing grants, cooperative fees, royalties, rent, and other charges agreements and other forms of Federal imposed by the Department for serv- assistance. ices and things of value it produces, (iii) Review and approval of Federal and make recommendations on revis- assistance, internal control, fiscal, ac- ing those charges to reflect costs in- counting and financial management curred by the Department in providing regulations and instructions proposed those services and things of value. or issued by USDA agencies for con- (9) Access all records, reports, audits, formity with Departmental require- reviews, documents, papers, rec- ments.

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(iv) Section 5301 of the Anti–Drug (iv) Reviewing and monitoring agen- Abuse Act of 1988 (21 U.S.C. 862) as it cy implementation of Federal assist- relates to grants, loans, and licenses. ance policies. (14) Establish policies related to the (v) Reviewing and approving agen- Department Working Capital Fund. cies’ accounting systems documenta- (15) Approve regulations, procedures tion including related development and rates for goods and services fi- plans, activities, and controls. nanced through the Department Work- (vi) Monitoring agencies’ progress in ing Capital Fund which will impact the developing and revising accounting and financial administration of the Fund. financial management systems and in- (16) Exercise responsibility and au- ternal controls. thority for operating USDA’s financial (vii) Evaluating agencies’ financial and subsidiary management systems systems to determine the effectiveness and related administrative systems in- of procedures employed, compliance cluding: Departmentwide payroll and with regulations, and the appropriate- personnel information systems, statis- ness of policies and practices. tics, administrative payments, billings (viii) Promulgation of Department and collections, and related reporting schedule of fees and charges for repro- systems that are either requested by ductions, furnishing of copies and mak- the agencies or required by the Depart- ing searches for official records pursu- ment. ant to the Freedom of Information Act, (17) Manage the National Finance 5 U.S.C. 552. Center (NFC). (ix) Monitoring USDA implementa- (18) Provide management support tion of section 5301 of the Anti-Drug services for the NFC, and by agreement Abuse Act of 1988 (21 U.S.C. 862) as it with agency heads concerned, provide relates to grants, loans, and licenses. such services for other USDA tenants (20) Establish Department and ap- housed in the same facility. As used prove component agency programs, herein, such management support serv- policies, standards, systems, tech- ices shall include: niques and procedures to improve the (i) Personnel services, as listed in management and operational efficiency and effectiveness of the USDA includ- § 2.24(a)(4)(x), and organizational sup- ing: port services, with authority to take actions required by law or regulation (i) Increased use of operations re- to perform such services; and search and management science in the areas of productivity and management. (ii) Procurement, property manage- (ii) All activities financed through ment, space management, communica- the Department Working Capital Fund. tions, messenger, paperwork manage- ment, and related administrative serv- (21) Develop Departmental policies, ices, with authority to take actions re- standards, techniques, and procedures for the conduct of reviews and analysis quired by law or regulation to perform of the utilization of the resources of such services. State and local governments, other (19) Exercise responsibility and au- Federal agencies and of the private sec- thority for all matters related to the tor in domestic program operations. Department’s accounting and financial (22) Represent the Department in operations including such activities as: contacts with OMB, General Services (i) Financial administration, includ- Administration, GAO, Department of ing accounting and related activities. the Treasury, Office of Personnel Man- (ii) Reviewing financial aspects of agement, Department of Health and agency operations and proposals. Human Services, Department of Labor, (iii) Furnishing consulting services Environmental Protection Agency, De- to agencies to assist them in devel- partment of Commerce, Congress of the oping and maintaining accounting and United States, State and local govern- financial management systems and in- ments, universities, and other public ternal controls, and for other purposes and private sector individuals, organi- consistent with delegations in para- zations or agencies on matters related graph (a)(13) of this section. to assigned responsibilities.

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(23) Establish policies related to trav- (2) [Reserved] el by USDA employees. [79 FR 44110, July 30, 2014, as amended at 80 (24) Provide budget, accounting, fis- FR 58338, Sept. 29, 2015; 83 FR 61311, Nov. 29, cal, and related financial management 2018] services, with authority to take action required by law or regulation to pro- § 2.29 Chief Economist. vide such services for: (a) The following delegations of au- (i) The Secretary of Agriculture. thority are made by the Secretary of (ii) The general officers of the De- Agriculture to the Chief Economist: partment, except the Inspector Gen- (1) Related to economic analysis. (i) Co- eral. ordinate economic analyses of, and re- (iii) The offices and agencies report- view Department decisions involving, ing to the Assistant Secretary for Ad- policies and programs that have sub- ministration as a Working Capital stantial economic implications. Fund activity. (ii) Review and assess the economic (iv) Any other offices or agencies of impact of all significant regulations the Department as may be agreed. proposed by any agency of the Depart- (25) Develop, promulgate, and coordi- ment. nate Department-wide policy con- (iii) Review economic data and anal- cerning nonprocurement debarment yses used in speeches and Congres- and suspension. sional testimony by Department per- (26) Prepare and submit to Congress sonnel and in materials prepared for re- reports on conferences sponsored or lease through the press, radio, and tele- held by the Department or attended by vision. employees of the Department (7 U.S.C. (2) Related to risk assessment. (i) Re- 2255b). sponsible for assessing the risks to (27) Administer the debarment au- human health, human safety, or the thorities in section 14211 of the Food, environment, and for preparing cost- Conservation, and Energy Act of 2008 (7 benefit analyses, with respect to pro- U.S.C. 2209j) in coordination with the posed major regulations, and for pub- Director, Office of Contracting and lishing such assessments and analyses Procurement. in the FEDERAL REGISTER as required (28) Redelegate, as appropriate, any by section 304 of the Department of Ag- authority delegated under paragraphs riculture Reorganization Act of 1994 (7 (a)(1) through (27) of this section to U.S.C. 2204e). general officers of the Department and (ii) Provide direction to Department heads of Departmental agencies. agencies in the appropriate methods of (29) Provide Departmentwide guid- risk assessment and cost-benefit anal- ance on implementation of prize com- yses and coordinate and review all risk petition authority in section 24 of the assessments and cost-benefit analyses Stevenson-Wydler Technology Innova- prepared by any agency of the Depart- tion Act of 1980 (15 U.S.C. 3719); develop ment. guidelines to ensure that judges ap- (3) Related to food and agriculture out- pointed for prize competitions under look and situation. (i) Coordinate and that authority are fairly balanced and review all crop and commodity data operate in a transparent manner (15 used to develop outlook and situation U.S.C. 3719(k)(3)). material within the Department. (30) Settle claims not otherwise pro- (ii) Oversee and clear for consistency vided for under 31 U.S.C. 3702(a) or an- analytical assumptions and results of other provision of law. all estimates and analyses which sig- (b) The following authorities are re- nificantly relate to international and served to the Secretary of Agriculture: domestic commodity supply and de- (1) Approval of prize competitions mand, including such estimates and that may result in the award of more analyses prepared for public distribu- than $1,000,000 in cash prizes under sec- tion by the Foreign Agricultural Serv- tion 24(m)(4)(B) of the Stevenson- ice, the Economic Research Service, or Wydler Technology Innovation Act of by any other agency or office of the De- 1980 (15 U.S.C. 3719(m)(4)(B)). partment.

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(4) Related to weather and climate. (i) (6) [Reserved] Advise the Secretary on climate and (7) Related to long-range commodity weather activities, and coordinate the and agricultural-sector projections. Es- development of policy options on tablish committees of the agencies of weather and climate. the Department to coordinate the de- (ii) Coordinate all weather and cli- velopment of a set of analytical as- mate information and monitoring ac- sumptions and long-range agricultural- tivities within the Department and sector projections (2 years and beyond) provide a focal point in the Depart- based on commodity projections con- ment for weather and climate informa- sistent with these assumptions and co- tion and impact assessment. ordinated through the Interagency (iii) Arrange for appropriate rep- Commodity Estimates Committees. resentation to attend all meetings, (8) Related to agricultural labor affairs. hearings, and task forces held outside Exercise the following functions of the the Department which require such Secretary under the Immigration and representation. Nationality Act (INA), as amended (8 (iv) Designate the Executive Sec- U.S.C. 1101 et seq.): retary of the USDA Weather and Cli- (i) Pursuant to section 214(c) of INA mate Program Coordinating Com- (8 U.S.C. 1184(c)), provide consultation mittee. to the Attorney General and the Sec- (v) Coordinate with the Director of retary of Labor concerning the ques- the National Drought Mitigation Cen- tion of the importation of aliens as ter and the Administrator of the Na- nonimmigrant temporary agricultural tional Oceanic and Atmospheric Ad- workers, known as ‘‘H–2A’’ workers, ministration to enhance the collection under 8 U.S.C. 1101(a)(15)(H)(ii)(a); of data to improve the accuracy of the United States Drought Monitor (7 (ii) Pursuant to section 218(e) of the U.S.C. 5856). INA (8 U.S.C. 1188 note), provide con- (5) Related to interagency commodity sultation to the Attorney General and estimates committees. (i) Establish Inter- the Secretary of Labor concerning all agency Commodity Estimates Commit- regulations to implement 8 U.S.C. tees for Commodity Credit Corporation 101(a)(15)(H)(ii)(a) and 1188 providing price-supported commodities, for major for the importation of H–2A workers; products thereof, and for commodities (iii) Pursuant to section 210(h) of the where a need for such a committee has INA (8 U.S.C. 1160(h)), promulgate regu- been identified, in order to bring to- lations to define ‘‘seasonal agricultural gether estimates and supporting anal- services’’ for purposes of the Special yses from participating agencies, and Agricultural Worker (SAW) Program; to develop official estimates of supply, (iv) Pursuant to section 210A(a) of utilization, and prices for commodities, the INA (8 U.S.C. 1161(a)), determine including the effects of new program jointly with the Secretary of Labor the proposals on acreage, yield, production, number (if any) of additional special imports, domestic utilization, price, in- agricultural workers, known as ‘‘re- come, support programs, carryover, ex- plenishment agricultural workers’’ ports, and availabilities for export. (RAWs), who should be admitted to the (ii) Designate the Chairman, who United States or otherwise acquire the shall also act as Secretary, for all status of aliens lawfully admitted for Interagency Commodity Estimates temporary residence during fiscal Committees. years 1990 through 1993 to meet a short- (iii) Assure that all committee mem- age of workers to perform seasonal ag- bers have the basic assumptions, back- ricultural services in the United States ground data and other relevant data re- during each such fiscal year; garding the overall economy and mar- (v) Pursuant to section 210A(a)(7) of ket prospects for specific commodities. the INA (8 U.S.C. 1161(a)(7)), determine (iv) Review for consistency of analyt- jointly with the Secretary of Labor ical assumptions and results all pro- emergency requests to increase the posed decisions made by Commodity shortage number; Estimates Committees prior to any re- (vi) Pursuant to section 210A(a)(8) of lease outside the Department. the INA (8 U.S.C. 1161(a)(8)), determine

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jointly with the Secretary of Labor re- other governmental agencies and de- quests to decrease the number of man- partments. days of seasonal agricultural services (iii)–(iv) [Reserved] required of RAWs to avoid deportation (v) Provide Department leadership in: and for naturalization under section (A) Analyzing and evaluating exist- 210A(d)(5)(A) and (B) of the INA (8 ing and proposed energy policies and U.S.C. 1161(d)(5)(A) and (B)); strategies, including those regarding (vii) Pursuant to section 210A(b)(1) of the allocation of scarce resources; the INA (8 U.S.C. 1161(b)(1)), calculate (B) Developing energy policies and jointly with the Secretary of Labor and strategies, including those regarding annual numerical limitation on the the allocation of scarce resources; number of RAWs who may be admitted (C) Reviewing and evaluating Depart- or otherwise acquire the status of mental energy and energy-related pro- aliens lawfully admitted for temporary grams and programs progress; residence during fiscal years 1990 (D) Developing agricultural and rural through 1993 under section 210A(c)(1) of components of national energy policy the INA (8 U.S.C. 1161(c)(1)); and plans; and (viii) Pursuant to section 210A(b)(2) (E) Preparing reports on energy and of the INA (8 U.S.C. 1161(b)(2)), estab- energy-related polices and programs lish jointly with the Secretary of required under Acts of Congress and Labor the information that must be re- Executive orders, including those in- ported by any person or entity who em- volving testimony and reports on legis- ploys SAWs or RAWs in seasonal agri- lative proposals. cultural services during fiscal years (vi) Provide Departmental oversight 1989 through 1992, and to designate and coordination with respect to re- jointly with the Secretary of Labor the sources available for energy and en- official to whom the person or entity ergy-related activities, including funds must furnish such certification. transferred to USDA from other de- (9) Related to the Capper-Volstead Act. partments or agencies of the Federal Serve as Chairman of the Capper-Vol- Government pursuant to interagency stead Act Committee to identify cases agreements. of undue price enhancement by associa- tions of producers and issue complaints (vii) Administer a competitive bio- requiring such associations to show diesel fuel education grants program (7 cause why an order should not be made U.S.C. 8106). directing them to cease and desist from (viii) Implement a memorandum of monopolization or restraint of trade. understanding with the Secretary of The Chairman is authorized to call Energy regarding cooperation in the upon any agency of the Department for application of hydrogen and fuel cell support in carrying the functions of technology programs for rural commu- the Committee (7 U.S.C. 292). nities and agricultural producers. (10) Related to committee management. (12) Related to climate change. Establish and reestablish regional, (i) Coordinate policy analysis, long- state, and local advisory committees range planning, research, and response for activities under his or her author- strategies relating to climate change ity. This authority may not be redele- issues. gated. (ii) Provide liaison with other Fed- (11) Related to energy. (i) Advise the eral agencies, through the Office of Secretary and other policy-level offi- Science and Technology Policy, regard- cials of the Department on energy poli- ing climate change issues. cies and programs, including legisla- (iii) Inform the Department of sci- tive and budget proposals. entific developments and policy issues (ii) Serve as or designate the Depart- relating to the effects of climate ment representative at hearings, con- change on agriculture and forestry, in- ferences, meetings and other contacts cluding broader issues that affect the with respect to energy and energy-re- impact of climate change on the farms lated matters, including liaison with and forests of the United States. the Department of Energy, the Envi- (iv) Recommend to the Secretary al- ronmental Protection Agency and ternative courses of action with which

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to respond to such scientific develop- tions otherwise delegated to the Chief ments and policy issues. Economist, except for authorities dele- (v) Ensure that recognition of the po- gated to the Chief Financial Officer in tential for climate change is fully inte- § 2.28(a)(29) and authorities reserved to grated into the research, planning, and the Secretary in paragraph (b)(1) of decisionmaking processes of the De- this section. partment. (16) Related to Pest Management and (vi) Coordinate global climate change Policy. (i) Coordinate USDA policy rel- studies. ative to the Federal Insecticide, Fun- (vii) Coordinate the participation of gicide, and Rodenticide Act, as amend- the Department in interagency cli- ed (7 U.S.C. 136 et seq.) and coordinate mate-related activities. the Department’s Integrated Pest Man- (viii) Consult with the National agement Programs and the Pesticide Academy of Sciences and private, aca- Assessment Program (7 U.S.C. 136–136y) demic, State, and local groups with re- (7 U.S.C. 7653). spect to climate research and related (ii) Conduct a multiple crop and pes- activities. ticide use survey as authorized by sec- (ix) Represent the Department to the tion 10109 of the Agricultural Improve- Office of Science and Technology Pol- ment Act of 2018. icy on issues related to climate change. (b) The following authorities are re- (x) Represent the Department on the served to the Secretary of Agriculture: Intergovernmental Panel on Climate (1) Approval of prize competitions Change. that may result in the award of more (xi) Review all Department budget than $1,000,000 in cash prizes under sec- items relating to climate change tion 24(m)(4)(B) of the Stevenson- issues, including specifically the re- Wydler Technology Innovation Act of search budget to be submitted by the 1980 (15 U.S.C. 3719(m)(4)(B)). Secretary to the Office of Management (2) [Reserved] and Budget. (13) Related to environment. [60 FR 56393, Nov. 8, 1995, as amended at 63 FR 66979, Dec. 4, 1998; 64 FR 40735, July 28, (i) Coordinate implementation of sec- 1999; 68 FR 27442, May 20, 2003; 73 FR 56706, tion 1245 of the Food Security Act of Sept. 30, 2008; 74 FR 3405, Jan. 21, 2009; 77 FR 1985 regarding environmental services 14952, Mar. 14, 2012; 78 FR 40938, July 9, 2013; markets (16 U.S.C. 3845). 79 FR 44111, July 30, 2014; 80 FR 58338, Sept. (ii) [Reserved] 29, 2015; 83 FR 61311, Nov. 29, 2018; 85 FR 65512, (14) Related to agreements. Oct. 15, 2020] (i) Enter into contracts, grants, or cooperative agreements to further re- § 2.30 Director, Office of Budget and search programs in the food and agri- Program Analysis. cultural sciences (7 U.S.C. 3318). (a) The following delegations of au- (ii) Enter into cost-reimbursable thority are made by the Secretary of agreements relating to agricultural re- Agriculture to the Director, Office of search (7 U.S.C. 3319a). Budget and Program Analysis: (iii) Make competitive grants to, or (1) Serve as the Department’s Budget enter into cooperative agreements Officer and exercise general responsi- with, agricultural and re- bility and authority for all matters re- search centers (7 U.S.C. 3155). lated to the Department’s budgeting (iv) Carry out the duties of the Food affairs including: Loss and Waste Reduction Liaison, in- (i) Resource administration, includ- cluding entering into contracts or co- ing all phases of the acquisition, and operative agreements with the research distribution of funds and staff years. centers of the Research, Education, (ii) Legislative and regulatory re- and Economics mission area, institu- porting and related activities. tions of higher education, or non-profit (2) Provide staff assistance for the organizations (7 U.S.C. 6924). Secretary, general officers, and other (15) Carry out prize competition au- Department and agency officials. thorities in section 24 of the Steven- (3) Formulate and promulgate De- son-Wydler Technology Innovation Act partmental budgetary, legislative and of 1980 (15 U.S.C. 3719) related to func- regulatory policies and procedures.

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(4) Represent the Department in con- CFR part 14, claims less than $2500 that tacts with the Office of Management allege the negligence or wrongful act of and Budget, the Government Account- an employee of a USDA agency; and ability Office, the Department of the consider, ascertain, adjust, determine Treasury, Congressional Committees compromise, and settle claims pursu- on Appropriations, and other organiza- ant to section 920 of the Federal Agri- tions and agencies on matters related culture Improvement and Reform Act to his or her responsibility. of 1996, Public Law 104–127 (7 U.S.C. (5) Coordinate and/or conduct policy 2262a). and program analyses on agency oper- (2) Certify documents as true copies ations and proposals to assist the Sec- of those on file in the Department. retary, general officers and other De- (3) Sign releases of claims of the partment and agency officials in for- United States against private persons mulating and implementing USDA for damage to or destruction of prop- policies and programs. erty of the department, except those (6) Review and analyze legislation, claims cognizable under the Contract regulations, and policy options to de- Disputes Act of 1978 (41 U.S.C. 601 et termine their impact on USDA pro- seq.). grams and policy objectives and on the (4) Responsible for the overall man- Department’s budget. agement and operation of the Law Li- (7) Monitor ongoing studies with sig- brary, furnishing complete legal and nificant program or policy implica- legislative library services to the Of- tions. fice of the General Counsel and the De- (8) Exercise responsibility for coordi- partment. nating and overseeing the implementa- (5) Make determinations as to wheth- tion of the Government Performance er employees of the Department may and Results Act of 1993, Public Law retain commercial rights in inventions; 103–62, and the GPRA Modernization prepare patent applications and pros- Act of 2010, Public Law 111–352, at the ecute the same before the Patent Of- Department. fice. (b) The following authority is re- (6) Represent the Department in for- served to the Secretary of Agriculture: mal rulemaking and adjudicatory pro- Final approval of the Department’s ceedings held in connection with the program and financial plans. administration of the Department’s ac- [79 FR 44111, July 30, 2014] tivities, and decide whether initial de- cisions of the administrative law § 2.31 General Counsel. judges shall be appealed by the Depart- (a) Related to legal services. The Gen- ment to the Secretary. eral Counsel, as the chief law officer of (7) Represent the Department in con- the Department, is legal advisor to the nection with legal issues that arise in Secretary and other officials of the De- its relations with the Congress, the partment and responsible for providing General Accounting Office, or other legal services for all the activities of agencies of the Government. the Department. The delegations of au- (8) [Reserved] thority by the Secretary of Agriculture (9) In civil actions arising out of the to the General Counsel include the fol- activities of the Department, present lowing: the Department’s case to the Attorney (1) Consider, ascertain, adjust, deter- General and U.S. attorneys and, upon mine, compromise, and settle claims request of the Department of Justice, pursuant to the Federal Tort Claims assist in the preparation and trial of Act, as amended (28 U.S.C. 2671–2680), such cases and in the briefing and argu- and the regulations of the Attorney ment of such cases at the appellate General contained in 28 CFR part 14; level. delegate the authority to consider, as- (10) Review cases having criminal as- certain, adjust, determine, com- pects and refer them to the Depart- promise, and settle, pursuant to the ment of Justice. Federal Tort Claims Act as amended (11) Act as liaison between the De- (28 U.S.C. 2671–2680) and the regulations partment and the Department of Jus- of the Attorney General contained in 28 tice.

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(12) Perform the following legal serv- (19) Review monetary settlement ices: agreements of any dollar amount nego- (i) Render legal opinions on questions tiated by USDA offices or agencies arising in the conduct of the Depart- upon request except that legal suffi- ment’s activities; ciency review conducted by and con- (ii) Prepare or review regulations; currence from the Office of the General (iii) Draft proposed legislation; Counsel is required prior to execution (iv) Prepare or review contracts, for all proposed settlement agreements mortgages, deeds, leases, and other negotiated by USDA offices or agencies documents; and totaling $500,000 or more, including at- (v) Examine titles to land to be ac- torney’s fees. This required review is in quired or accepted as security for addition to existing delegations of au- loans. thority and processes for USDA offices’ (13) Perform such other legal services or agencies’ processing of settlement as may be required in the administra- agreements. This required review does tion of the Department’s activities, in- not apply to: cluding the defense program. (i) Settlements pursuant to the Fed- (14) Serve as a member of the Capper- eral Tort Claims Act, which the Office Volstead Act Committee to identify of the General Counsel handles pursu- cases of undue price enhancement by ant to paragraph (a)(1) of this section; associations of producers and issue (ii) Settlements for personnel mat- complaints requiring such associations ters, which the Office of the General to show cause why an order should not Counsel handles pursuant to paragraph be made directing them to cease and (a)(18) of this section; desist from monopolization or restraint (iii) Settlement of contract claims, of trade (7 U.S.C. 292). which contracting officers handle pur- (15) Settle claims for damage to, or suant to the Contract Disputes Act (41 loss of, privately owned property pur- U.S.C. 601 et seq.) and Federal Acquisi- suant to the provisions of 31 U.S.C. tion Regulation (48 CFR parts 1 3723. (16) Serve on the USDA Hazardous through 99); or Materials Policy Council. (iv) Settlement of USDA offices’ or (17) On a non-exclusive basis, assert agencies’ debt collection actions. in litigation the deliberative process (20) Conduct legal sufficiency reviews privilege and other legally recognized and concur with all proposed agency privileges. contracts or other transactions to re- (18) Conduct legal sufficiency reviews tain outside counsel or for the provi- and concur before a proposed settle- sion of legal services regardless of ment offer is made to an opposing whether an agency has specific statu- party for all informal and formal Equal tory authority to retain outside coun- Employment Opportunity (EEO), Office sel or legal services. The following of Special Counsel (OSC), or Merit Sys- services do not require legal suffi- tems Protection Board (MSPB) com- ciency review and concurrence from plaints that: the Office of the General Counsel: Con- (i) Require a payment of compen- tracts for the provision of services in satory damages or attorney’s fees re- relation to USDA office’s and agencies’ sulting in costs to the Department to- Freedom of Information Act activities; taling $50,000 or more; or contracts for the performance of trade- (ii) Are brought by, or allege dis- mark searches or other trademark or criminatory conduct by, any political copyright related services; or contracts appointee; or for the performance of patent prosecu- (iii) Place any political appointee on tion or other related patent services. a detail outside the Department or on (b) Related to ethics. The following an Intergovernmental Personnel Act delegation of authority is made by the (IPA) agreement for one year or more Secretary to the General Counsel: Pro- if the Department retains the obliga- vide administrative supervision for the tion to pay the employee’s salary and Office of Ethics. benefits during the duration of the de- (c) Related to the Freedom of Informa- tail or IPA agreement. tion Act. (1) Serve as the Chief Freedom

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of Information Act Officer for the De- (3) Provide advice and other assist- partment; oversee general officers and ance to the Secretary and other senior agency heads in efficient and appro- management personnel to ensure that priate compliance with the provisions information technology acquired and of the Freedom of Information Act (5 managed for the Department con- U.S.C. 552); monitor implementation of sistent with chapter 35 of title 44, 5 U.S.C. 552 throughout the agency and United States Code (Coordination of keep the Secretary and the Attorney Federal Information Policy). General informed regarding agency (4) Develop, implement, and maintain performance in its implementation; a sound and integrated Department- recommend to the Secretary necessary wide information technology architec- adjustments to agency practices, poli- ture. cies, personnel, and funding to improve (5) Promote the effective and effi- implementation of 5 U.S.C. 552; review cient design and operation of all major and report to the Attorney General, information resources management through the Secretary, as the Attorney processes for the Department, includ- General may direct; and, facilitate ing improvements to work processes of public understanding of the purposes of the Department. the statutory exemptions contained in (6) Approve the acquisition or pro- 5 U.S.C. 552. curement of information technology (2) Manage the Freedom of Informa- resources by, or on behalf of, any De- tion Act operations for the Research, partment agency or office. Education, and Economics mission (7) Collaborate with Department pro- area, the Trade and Foreign Agricul- curement personnel with respect to in- tural Affairs mission area, and all staff formation technology acquisition offices of the Department. strategy and policy. [60 FR 56393, Nov. 8, 1995, as amended at 61 (8) Function as the Major Informa- FR 49237, Sept. 19, 1996; 65 FR 12429, Mar. 9, tion Technology Systems Executive in 2000; 70 FR 23927, May 6, 2005; 70 FR 30610, USDA to integrate and unify the man- May 27, 2005; 78 FR 40938, July 9, 2013; 79 FR agement process for the Department’s 44112, July 30, 2014; 83 FR 22184, May 14, 2018; 85 FR 65512, Oct. 15, 2020] major information technology system acquisitions and to monitor implemen- § 2.32 Chief Information Officer. tation of the policies and practices set forth in Office of Management and (a) Delegations. The Chief Information Budget (OMB) Circular No. A–109, Officer is responsible for executing the Major Systems Acquisitions, for infor- duties enumerated in Public Law 104– mation technology. This includes the 106 for agency Chief Information Offi- authority to: cers, and additional specified duties, as (i) Ensure that OMB Circular No. A– follows: 109 is effectively implemented for in- (1) Report directly to the Secretary formation technology systems in the of Agriculture regarding information Department and that the management technology matters. objectives of the Circular are realized. (2) Oversee all information tech- (ii) Review the program management nology and information resource man- of each major information technology agement activities relating to the pro- system acquisition. grams and operations of the Depart- ment and component agencies. This (iii) Approve the appointment of the oversight includes approving informa- program manager for each major infor- tion technology investments, moni- mation technology systems acquisi- toring and evaluating the performance tion. of those investments and information (iv) Designate any Departmental in- resource management activities, ap- formation technology acquisition as a proval of all architectures and compo- major system acquisition under OMB nents thereto and determining whether Circular No. A–109. to continue, modify, or terminate an (9) On an annual basis: information technology program or (i) Assess Departmentwide personnel project. requirements regarding knowledge and

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skill in information resources manage- (ii) Provide Departmentwide guid- ment, and the adequacy of such re- ance and direction in all aspects of in- quirements, to achieve the perform- formation technology, including: Fea- ance goals established for information sibility studies; economic analyses; resources management. systems design; acquisition of equip- (ii) Develop strategies and specific ment, software, services, and plans for hiring, training, and profes- timesharing arrangements; systems in- sional development at the executive stallation; systems performance and and management level to meet per- capacity evaluation; information tech- sonnel information technology per- nology investment governance; cyber- sonnel requirements. security; and privacy. Monitor these (iii) Report to the Assistant Sec- activities for agencies’ major systems retary for Administration on progress development efforts to assure effective made in improving information re- and economic use of resources and sources management capability. compatibility among systems of var- (10) Function as the senior official to ious agencies when required. carry out the responsibilities of the De- (iii) Manage the Enterprise Data Cen- partment under chapter 35 of title 44, ters, with the exception of the National United States Code (Coordination of Finance Center; and oversee the deliv- Federal Information Policy), including: ery of Enterprise Data Center goods (i) Ensure that the information poli- and services, with authority to take cies, principles, standards, guidelines, actions required by law or regulation rules and regulations prescribed by to perform such services as a Working OMB are appropriately implemented Capital Fund activity. within the Department. (iv) Manage a comprehensive set of (ii) Review proposed Department re- end user office automation services and porting and record keeping require- oversee the delivery of goods and serv- ments, including those contained in ices associated with end user office au- rules and regulations, to ensure that tomation services, including desktop they impose the minimum burden upon computers, enterprise networking sup- the public and have practical utility port, handheld devices, and voice tele- for the Department. communications, with authority to (iii) Develop and implement proce- take actions required by law or regula- dures for assessing the burden to the tion to perform such services as a public and costs to the Department of Working Capital Fund activity. information requirements contained in (v) Manage the Agricultural Security proposed legislation affecting Depart- Operations Center to enable the De- ment programs. partment to effectively monitor, de- (iv) Assist OMB in the performance of tect, analyze, protect, report, and re- its functions assigned under the E-Gov- spond against known cyber ernment Act of 2002 (Pub. L. 107–347), vulnerabilities, attacks, and exploi- including review of Department and tations. Agency activities for compliance. (vi) Manage the Department’s Cer- (v) Assist OMB in the performance of tification and Accreditation process to its functions assigned under the Paper- ensure the Department and agencies work Reduction Act of 1995 (44 U.S.C. have successfully conducted periodic 3501–3520), including review of Depart- risk assessments of its systems; grant ment and Agency activities for compli- the authority to operate for systems ance. that have successfully completed the (11) The Chief Information Officer is Certification and Accreditation proc- also responsible for the following: ess; and rescind or suspend the author- (i) Provide Departmentwide guidance ity to operate for systems subject to and direction in planning, developing, repeated and/or significant security documenting, and managing applica- issues. tions software projects in accordance (vii) Ensure that OMB Circular No. with Federal and Department informa- A–16, Coordination of Geographic Infor- tion processing standards, procedures, mation and Related Spatial Data Ac- and guidelines. tivities, is effectively implemented in

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the Department and that the manage- mation technology which can be com- ment objectives of the Circular are re- monly used by multiple Department alized; and providing Departmentwide agencies and offices. guidance and direction in governing, (xvi) Represent the Department in developing, implementing, and main- contacts with the Government Ac- taining a sound and integrated countability Office, the General Serv- geospatial architecture. ices Administration, OMB, the Na- (viii) Provide technical assistance, tional Institute of Standards and Tech- coordination, and guidance to Depart- nology, and other organizations or ment agencies in planning, developing, agencies on matters related to dele- and carrying out satellite remote sens- gated responsibilities. ing activities to ensure full consider- (12) Implement policies established ation and evaluation of advanced tech- pursuant to paragraphs (a)(1) through nology; designate the Executive Sec- (a)(11) of this section by: retary for the Remote Sensing Coordi- (i) Disposing of information tech- nation Committee; and coordinate ad- nology that is acquired by a Depart- ministrative, management, and budget ment agency in violation of procedures information relating to the Depart- or standards for the Department Infor- ment’s remote sensing activities in- mation Systems Technology Architec- cluding: ture. (A) Inter- and intra-agency meetings, (ii) Establishing information tech- correspondence, and records; nology and information resources man- (B) Budget and management tracking systems; and agement performance standards for (C) Inter-agency contacts and tech- mission area Chief Information Offi- nology transfer. cers, information resources managers, (ix) Review and evaluate information and project managers to be used in the technology activities related to dele- performance appraisal process. gated functions to assure that they (iii) Approving the selection of mis- conform to all applicable Federal and sion area Chief Information Officers Department information technology and mission area major information management policies, plans, standards, technology system project managers in procedures, and guidelines. accordance with OMB policies. (x) Design, develop, implement, and (iv) Providing recommendations to revise systems, processes, work meth- mission area heads for the removal or ods, and techniques to improve the replacement of information technology management and operational effective- project managers, when, in the opinion ness of information resources. of the Chief Information Officer, appli- (xi) Manage all aspects of the USDA cable laws and policies are being vio- Telecommunications Program includ- lated, or, when the cost, schedule, or ing planning, development, acquisition, performance of an information tech- and use of equipment and systems for nology project would indicate manage- voice, data, and communications, ex- ment deficiencies. cluding the actual procurement of data (v) Withdrawing agencies’ authority transmission equipment, software, to obligate funds on Information Tech- maintenance, and related supplies. nology programs or projects if the (xii) Manage Departmental tele- agency violates the Chief Information communications contracts. Officer policies, standards, or Depart- (xiii) Provide technical advice ment Information Systems Technology throughout the Department. Architecture. (xiv) Implement a program for apply- (vi) Requiring mission areas to vali- ing information resources management date and verify major information technology to improve productivity in technology systems through the use of the Department. an existing contract for such purpose (xv) Plan, develop, install, and oper- designated by the Chief Information ate computer-based systems for mes- Officer. sage exchange, scheduling, computer (vii) Requiring approval by the Chief conferencing, televideo technologies, Information Officer of any proposed ac- and other applications of office auto- quisition of information technology

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(whether through the award or modi- travene standard USDA administrative fication of a procurement contract, a policies as promulgated by the Assist- cooperative or other agreement with a ant Secretary for Administration. non-Federal party, or an interagency [60 FR 56393, Nov. 8, 1995, as amended at 72 agreement) to ensure technical con- FR 36859, July 6, 2007] formance to the Department technical architecture. § 2.34 Director, National Appeals Divi- (viii) Providing guidance to USDA re- sion. garding implementation of Section 508 The Director, National Appeals Divi- of the Rehabilitation Act, as well as sion, under the general supervision of on-going consultative assistance re- the Secretary or Deputy Secretary, has garding information technology acces- specific duties, responsibilities, and au- sibility, and reviewing progress made thorities pursuant to subtitle H of the toward achieving information tech- Department of Agriculture Reorganiza- nology accessibility for USDA employ- tion Act of 1994, Public Law 103–354 (7 ees and individuals with disabilities. U.S.C. 6991 et seq.), including: (13) Related to the Privacy Act. Ap- (a) Deciding appeals from adverse de- point a Department Privacy Act Offi- cisions, made by an officer or employee cer; oversee general officers and agency of an agency of the Department des- heads in the development and imple- ignated by the Secretary, that are ad- mentation of policies issued pursuant verse to participants. The term ‘‘agen- to the provisions of the Privacy Act, 5 cy’’ shall include the following and any U.S.C. 552a; and provide consultation predecessor agency: the Farm Service and guidance regarding those policies. Agency; the Commodity Credit Cor- (b) [Reserved] poration (with respect to domestic pro- [85 FR 65512, Oct. 15, 2020] grams); the Federal Crop Insurance Corporation; the Rural Housing Serv- § 2.33 Inspector General. ice; the Rural Business-Cooperative (a) The following delegations of au- Service; the Natural Resources Con- thority are made by the Secretary of servation Service; and a State, county, Agriculture to the Inspector General: or area committee established under (1) Advise the Secretary and General section 8(b)(5) of the Soil Conservation officers in the planning, development, and Domestic Allotment Act (16 U.S.C. and execution of Department policies 590h(b)(5)); and and programs. (b) The authority to appoint such (2) At the request of the Director, hearing officers and other employees as Homeland Security Staff (Director), are necessary for the administration of determine the availability of law en- the activities of the Division. forcement personnel of the Office of In- (c) Prepare a report each year on the spector General to assist the Director number of requests for equitable relief in providing for the personal security and the disposition of such requests for for the Secretary and the Deputy Sec- inclusion in the report of the Secretary retary. to Congress on equitable relief requests (3) Serve as liaison official for the made to the Department under farm Department for all audits of USDA per- and conservation programs (7 U.S.C. formed by the General Accounting Of- 7996(g)(2). fice. [60 FR 56393, Nov. 8, 1995, as amended at 68 (4) In addition to the above delega- FR 27442, May 20, 2003; 79 FR 44112, July 30, tions of authority, the Inspector Gen- 2014] eral, under the general supervision of the Secretary, has specific duties, re- § 2.35 Judicial Officer. sponsibilities, and authorities pursuant (a) Pursuant to the Act of April 4, to the Inspector General Act of 1978, 1940, as amended (7 U.S.C. 450c–450g), Pub. L. No. 95–452, 5 U.S.C. App. and Reorganization Plan No. 2 of 1953 (5 (b) The following authority is re- U.S.C. app.), the Secretary of Agri- served to the Secretary of Agriculture: culture makes the following delega- Approving the implementation in the tions of authority to the Judicial Offi- Office of Inspector General of adminis- cer. The Judicial Officer is authorized trative policies or procedures that con- to:

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(1) Act as final deciding officer in ad- ‘‘Rules of Practice Governing Pro- judicatory proceedings subject to 5 ceedings on Petitions To Modify or To U.S.C. 556 and 557; Be Exempted From Marketing Orders’’ (2) Act as final deciding officer in ad- set forth in sections 900.50 through judicatory proceedings which are or 900.71 of this title; may be subject to the ‘‘Rules of Prac- (12) Act as final deciding officer in tice Governing Formal Adjudicatory adjudicatory proceedings subject to the Proceedings Instituted by the Sec- ‘‘Rules of Practice Governing Pro- retary Under Various Statutes’’ set ceedings on Petitions to Modify or To forth in part 1, subpart H, of this title; Be Exempted from Research, Pro- (3) Act as final deciding officer in ad- motion, and Information Programs’’ judicatory proceedings which are or set forth in part 1200, subpart B, of this may be subject to the ‘‘Rules of Prac- title; and tice Governing Cease and Desist Pro- (13) Act as final deciding officer in ceedings Under Section 2 of the Capper- adjudicatory proceedings subject to Volstead Act’’ set forth in part 1, sub- ‘‘Appeals of Quality Control (‘QC’) part I, of this title; Claims’’ set forth in part 283 of this (4) Act as final deciding officer in ad- title. judicatory proceedings subject to the (b) The delegation of authority from ‘‘Procedures Related to Administrative the Secretary of Agriculture to the Ju- Hearings Under the Program Fraud dicial Officer in paragraph (a) of this Civil Remedies Act of 1986’’ set forth in section shall not be construed to limit part 1, subpart L, of this title; the authority of the Judicial Officer to (5) Act as final deciding officer in ad- perform any functions, in addition to judicatory proceedings subject to the those identified in the Act of April 4, ‘‘Rules of Practice Governing Adjudica- 1940, as amended (7 U.S.C. 450c–450g), tion of Sourcing Area Applications and which may be assigned by the Sec- Formal Review of Sourcing Areas Pur- retary of Agriculture to the Judicial suant to the Forest Resources Con- Officer. servation and Shortage Relief Act of (c) As used in this section, the term 1990 (16 U.S.C. 620, et seq.)’’ set forth in Judicial Officer shall mean any person part 1, subpart M, of this title; or persons so designated by the Sec- (6) Act as final deciding officer in retary of Agriculture. rate proceedings under the Packers and [68 FR 27443, May 20, 2003, as amended at 75 Stockyards Act, as amended and sup- FR 43380, July 23, 2010] plemented (7 U.S.C. 181–229); (7) Act as final deciding officer in § 2.36 Director, Office of Communica- reparation proceedings under statutes tions. administered by the United States De- (a) Delegations. The following delega- partment of Agriculture; tions of authority are made by the Sec- (8) Act as final deciding officer in ap- retary of Agriculture to Director, Of- peals under section 63 of the Plant Va- fice of Communications: riety Protection Act (7 U.S.C. 2443), (1) Related to public affairs. (i) Advise and in reexamination proceedings and counsel general officers on public under section 91 of the Plant Variety affairs matters to the Department. Protection Act, as amended (7 U.S.C. (ii) Organize and direct the activities 2501); of a public affairs office to include (9) Act as final deciding officer in ad- press relations of the secretary of agri- judicatory proceedings under section culture and other executive functions 359i of the Agricultural Adjustment and services for general officers of the Act of 1938, as amended (7 U.S.C. Department. 1359ii); (2) Related to information activities. (i) (10) Issue rules of practice applicable Advise the secretary and general offi- to proceedings conducted under section cers in the planning, development, and 359i of the Agricultural Adjustment execution of Department policies and Act of 1938, as amended (7 U.S.C. programs. 1359ii); (ii) Direct and coordinate the overall (11) Act as final deciding officer in formulation and development of poli- adjudicatory proceedings subject to the cies, programs, plans, procedures,

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standards and organization structures necessary to the exercise of this au- and staffing patterns for the informa- thority. tion activities of the Department and (xii) Serve as the central authority its agencies, both in Washington and in to determine policy, plans, procedures, the field. and standards for the Department and (iii) Exercise final review and ap- agency strategic communications proval of all public information mate- plans; request, receive, review, and ap- rial prepared by the Department and prove agency communications plans; its agencies and select the most effec- and provide centralized communication tive method and audience for distrib- strategies for the Secretary and agen- uting this information. cies, including the creativity, produc- (iv) Serve as the central public infor- tion, and oversight of communication mation authority in the USDA, with products. authority to determine policy for all (xiii) When required, support and co- USDA and Agency communication ac- ordinate staffing of a JIC as identified tivities, as well as emergency public in the NIMS, and if required, establish information and messaging commu- and administer a JIC to provide a nication activities, in order to provide structure for developing and delivering leadership and centralized operational incident-related coordinated messages. direction for all USDA public informa- (xiv) Serve as the central authority tion activities and ensure all materials to determine policy, plans, procedures, shall effectively support USDA policies guidelines, and standards for the cre- and programs, including the defense ation and use of logos/marks by the De- program. partment’s mission areas, staff offices (v) Serve as the central printing au- or agencies, not otherwise provided for thority in the USDA, with authority to by specific laws and regulations, and represent the USDA with Joint Com- excluding the Official USDA Seal and mittee on Printing of the Congress, the Official USDA Symbol. Government Printing Office, and other (b) [Reserved] Federal and State agencies on informa- [60 FR 56393, Nov. 8, 1995, as amended at 74 tion matters. FR 19373, Apr. 29, 2009; 76 FR 66601, 66602, Oct. (vi) Cooperate with and secure the 27, 2011] cooperation of commercial, industrial and other nongovernmental agencies § 2.37 Director, Office of Small and and concerns regarding information Disadvantaged Business Utilization. work as required in the execution of (a) In compliance with the Small the Department’s programs. Business Act, the Director, Office of (vii) Plan and direct communication Small and Disadvantaged Business Uti- research and training for the Depart- lization is designated as the Depart- ment and its agencies. ment’s Director of Small and Disadvan- (viii) [Reserved] taged Business Utilization, who shall (ix) Supervise and provide leadership report directly to the Secretary of Ag- and final clearance for the planning, riculture or the Deputy Secretary of production, and distribution of visual Agriculture. The Director of Small and information material for the depart- Disadvantaged Business Utilization has ment and its agencies in Washington, specific responsibilities under the D.C., and the field, and provide such in- Small Business Act, 15 U.S.C. 644(k). formation services as may be deemed These duties include being responsible necessary. for the following: (x) Maintain overall responsibility (1) Administer the Department’s and control over the preparation of the small and disadvantaged business ac- ‘‘Agricultural Decisions.’’ tivities related to procurement con- (xi) Administer, direct and coordi- tracts, minority bank deposits, and nate publications and user fee author- grants and loan activities affecting ity granted under section 1121 of the small and minority businesses includ- Agriculture and Food Act of 1981, as ing women-owned business, and the amended by section 1769 of the Food small business, small minority busi- Security Act of 1985, 7 U.S.C. 2242a; and ness, and small women-owned business publish any appropriate regulations subcontracting programs.

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(2) Provide Departmentwide liaison (iv) Administer section 2501 of the and coordination of activities related Food, Agriculture, Conservation, and to small, small disadvantaged, and Trade Act of 1990 (7 U.S.C. 2279), as women-owned businesses with the amended, except for the beginning Small Business Administration and farmer and rancher development pro- others in the public and private sector. gram in subsection (d) and authorities (3) Develop policies and procedures related to the Census of Agriculture required by the applicable provision of and economic studies in subsection (j) the Small Business Act, as amended, to of that section. include the establishment of goals. (v) Oversee the Minority Farmer Ad- (4) Implement and administer pro- visory Committee pursuant to section grams described under sections 8 and 15 14008 of FCEA (7 U.S.C. 2279 note). of the Small Business Act, as amended (vi) Administer the low-income mi- (15 U.S.C. 637 and 644). grant and seasonal farmworker grants (5) In compliance with the Veterans program under section 2281 of the Food, Benefits Act of 2003 (Pub. L. 108–183) Agriculture, Conservation, and Trade amending the Small Business Act, im- Act of 1990 (42 U.S.C. 5177a). plement and administer procurement (vii) Consult with appropriate enti- programs for small business concerns ties regarding integration of farm- owned and controlled by service-dis- worker interests into Department pro- abled veterans. grams, including assisting farmworkers (b) The following additional authori- in becoming agricultural producers or ties are delegated by the Secretary of landowners, and research, program im- Agriculture to the Director, Office of provements, and agricultural education Small and Disadvantaged Business Uti- opportunities for low-income and mi- lization: grant seasonal farmworkers. (1) In compliance with the Javits- (viii) Administer the grants program Wagner-O’Day Act (41 U.S.C. 8501 et under section 14204 of FCEA (7 U.S.C. seq.), implement and administer the 2008q–1) to improve the supply, sta- Department’s AbilityOne program for bility, safety, and training of the agri- purchases from qualified nonprofit cultural labor force. agencies for the blind or for the se- (ix) Administer and coordinate a verely disabled. USDA outreach program in collabora- (2) [Reserved] tion with USDA agencies. [79 FR 44112, July 30, 2014] (x) Administer section 2501A of the Food, Agriculture, Conservation, and § 2.38 Director, Office of Partnerships Trade Act of 1990 (7 U.S.C. 2279–1), in- and Public Engagement. cluding the authority to coordinate De- (a) Delegations. The following delega- partment policy for the issuance of re- tions of authority are made by the Sec- ceipts under subsection (e) of that sec- retary of Agriculture to the Director, tion. Office of Partnerships and Public En- (xi) Provide strategic planning and gagement: performance measurement, coordinate (1) Related to Advocacy and Out- outreach activities, monitor goals and reach: objectives, and evaluate programs, of (i) Ensure that small farms and Department programs and activities ranches, beginning farmers or ranch- involving small farms or ranches and ers, and socially disadvantaged farmers beginning or socially disadvantaged or ranchers have access to, and equi- farmers or ranchers. table participation in, programs and (xii) Administer the USDA/1994 Land services of the Department pursuant to Grant Institutions (Tribal Colleges) section 226B(c) of the Department of Programs. Agriculture Reorganization Act of 1994 (xiii) Administer the USDA/1890 Liai- (7 U.S.C. 6934(c)). son Officer Program. (ii) Oversee the Advisory Committee (xiv) Administer the Hispanic Serv- for Beginning Farmers and Ranchers. ing Institutions National Program, in- (iii) Oversee the operations of the Of- cluding through the use of cooperative fice of Small Farms Coordination. agreements under 7 U.S.C. 3318(b).

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(xv) Serve as a lead agency in car- portunity programs such as Pathways rying out student internship programs or Job Corp, serve as the Department (7 U.S.C. 2279c). lead for strategic planning and coordi- (xvi) Coordinate outreach to Asian nating youth outreach activities of Americans and Pacific Islanders. USDA agencies’ programs (including, (2) Related to Indian tribes: but not limited to, 4–H; Science, Tech- (i) Serve as the Department’s pri- nology, Engineering and Math (STEM) mary point of contact for tribal issues. programs; information and cyber tech- (ii) Advise the Secretary on policies nology student programs, Future related to Indian tribes. Farmers of America (FFA) activities; (iii) Serve as the official with prin- summer high school internships; and cipal responsibility for the implemen- youth gardening programs); develop- tation of Executive Order 13175, ‘‘Con- ment of program evaluation metrics sultation and Coordination with Indian and consistent messaging for youth Tribal Governments,’’ including the outreach activities; and monitoring provision of Department-wide guidance goals and objectives. and oversight regarding tribal con- (7) Oversee the Agricultural Youth sultation, coordination, and collabora- Organization Coordinator (7 U.S.C. tion. 6934b). (iv) Coordinate the Department’s pro- (8) Exercise the authority of the Sec- grams involving assistance to Amer- retary related to Tribal Promise Zones ican Indians and Alaska Natives. under section 12510 of the Agriculture (v) Enter into cooperative agree- Improvement Act of 2018 (25 U.S.C. 4301 ments to improve the coordination and note). effectiveness of Federal programs, (b) [Reserved] services, and actions affecting rural areas (7 U.S.C. 2204b(b)(4)); and to pro- [83 FR 61312, Nov. 29, 2018, as amended at 85 vide outreach and technical assistance FR 65514, Oct. 15, 2020] to socially disadvantaged farmers and ranchers and veteran farmers and Subpart E [Reserved] ranchers (7 U.S.C. 2279(a)(3)). (vi) Consult with the Under Sec- Subpart F—Delegations of Author- retary for Trade and Foreign Agricul- tural Affairs on the implementation of ity by the Under Secretary for section 3312 of the Agriculture Im- Farm Production and Con- provement Act of 2018 (7 U.S.C. 5608) to servation support greater inclusion of Tribal ag- ricultural food products in Federal EDITORIAL NOTE: Nomenclature changes to trade activities. subpart F of part 2 appear at 60 FR 66713, (vii) In coordination with the Under Dec. 26, 1995. Secretary for Rural Development, pro- vide technical assistance to improve § 2.40 Deputy Under Secretary for access by Tribal entities to rural devel- Farm Production and Conservation. opment programs funded by the De- Pursuant to § 2.16(a), subject to res- partment of Agriculture through avail- ervations in § 2.16(b), and subject to able cooperative agreement authorities policy guidance and direction by the (7 U.S.C. 2671). Under Secretary, the following delega- (viii) Oversee the Tribal Advisory tion of authority is made to the Dep- Committee (7 U.S.C. 6921). uty Under Secretary for Farm Produc- (3) Oversee the Military Veterans Ag- tion and Conservation, to be exercised ricultural Liaison (7 U.S.C. 6919). only during the absence or unavail- (4) Oversee the Center for Faith- ability of the Under Secretary: Per- Based and Neighborhood Partnerships. form all the duties and exercise all the (5) Oversee the Women in Agriculture powers which are now or which may Initiative. hereafter be delegated to the Under (6) With the exception of competitive Secretary for Farm Production and grant programs administered by the Conservation: Provided, that this au- National Institute of Food and Agri- thority shall be exercised by the re- culture, or any youth employment op- spective Deputy Under Secretary in the

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order in which he or she has taken of- (iii) Recording departmental aerial fice as a Deputy Under Secretary. photography flow and coordinating the issuance of aerial photography status [83 FR 22184, May 14, 2018] maps of latest coverage; § 2.41 Chief Operating Officer, Farm (iv) Promoting interchange of tech- Production and Conservation Busi- nical information and techniques to de- ness Center. velop lower costs and better quality; (a) Delegations. Pursuant to § 2.16(a), (v) Representing the Department on subject to the reservations in committees, task forces, work groups, § 2.16(b)(1), the following delegations of and other similar groups concerned authority are made by the Under Sec- with aerial photography acquisition retary for Farm Production and Con- and reproduction; servation to the Chief Operating Offi- (vi) Providing a Chairperson for the cer, Farm Production and Conservation Photography Sales Committee of the Programs Business Center: Department; (1) Provide to the Farm Service (vii) Coordinating development, prep- Agency, Natural Resources Conserva- aration, and issuance of specifications tion Service, and Risk Management for aerial photography for the Depart- Agency management support services ment; including information technology, fi- (viii) Coordinating and performing nancial management, human resources, procurement, inspection, and applica- procurement, property management, tion of specifications for USDA aerial and related business and administra- photography; tive processes. (ix) Maintaining library and files of (2) Administer responsibilities and USDA aerial film and retrieving and functions assigned under the Defense supplying reproductions on request. Production Act of 1950 (50 U.S.C. App. (6) Administer a Century Farms Pro- 2061 et seq.), and title VI of the Robert gram as authorized by section 12508 of T. Stafford Disaster Relief and Emer- the Agriculture Improvement Act of gency Assistance Act (42 U.S.C. 5195 et 2018 (7 U.S.C. 2266a). seq.), concerning agricultural produc- (b) [Reserved] tion; food processing, storage, and dis- [83 FR 61312, Nov. 29, 2018, as amended at 85 tribution; distribution of farm equip- FR 65514, Oct. 15, 2020] ment and fertilizer; rehabilitation and use of food, agricultural, and related § 2.42 Administrator, Farm Service agribusiness facilities; CCC resources; Agency. and farm credit and financial assist- (a) Delegations. Pursuant to § 2.16(a)(1) ance. and (2) and (a)(6) through (8), subject to (3) Conduct fiscal, accounting and the reservations in § 2.16(b)(1), the fol- claims functions relating to CCC pro- lowing delegations of authority are grams for which the Foreign Agricul- made by the Under Secretary for Farm tural Service has been delegated au- Production and Conservation to the thority under § 2.601 and, in conjunc- Administrator, Farm Service Agency: tion with other agencies of the U.S. (1) Formulate policies and administer Government, develop and formulate programs authorized by the Agricul- agreements to reschedule amounts due tural Adjustment Act of 1938, as from foreign countries. amended (7 U.S.C. 1282 et seq.). (4) Administer Section 15353(a) of the (2) Formulate policies and administer Food, Conservation, and Energy Act of programs authorized by the Agricul- 2008, Public Law 110–246 relating to in- tural Act of 1949, as amended (7 U.S.C. formation reporting for Commodity 1441 et seq.), except the provisions of Credit Corporation transactions. section 416(a)(1), (a)(2) and (b) of the (5) Coordinate and prevent duplica- Agricultural Act of 1949, as amended, tion of aerial photographic work of the unless specifically provided herein. Department, including: (3)–(4) [Reserved] (i) Clearing photography projects; (5) Related to defense and emergency (ii) Assigning symbols for new aerial preparedness. (i) [Reserved] photography, maintaining symbol (ii) Administer functions delegated records, and furnishing symbol books; by the President to the Secretary

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under Executive Order 13603, ‘‘National (12)–(13) [Reserved] Defense Resources Preparedness’’ (3 (14) Administer the Agricultural For- CFR, 2012 Comp., p. 225), and Executive eign Investment Disclosure Act of 1978 Order 12742, ‘‘National Security Indus- (7 U.S.C. 3501 et seq.) except those func- trial Responsiveness’’ (3 CFR, 1991 tions delegated in § 2.21(a)(8)(xi). Comp., p. 309), including administra- (15) Administer energy management tion of an Agriculture Priorities and activities as assigned. Allocations System. (16) Conduct producer referenda of (6) Administer the Emergency Con- commodity promotion programs under servation Program under the Agricul- the Beef Research and Information tural Credit Act of 1978, as amended (16 Act, as amended (7 U.S.C. 2901 et seq.) U.S.C. 2201 et seq.). and the Agricultural Promotion Pro- (7) [Reserved] grams Act of 1990, as amended (7 U.S.C. (8) Conduct assigned activities under 6001 et seq.). the Strategic and Critical Materials Stockpiling Act, as amended (50 U.S.C. (17) Conduct field operations of diver- 98 et seq.). sion programs for fresh fruits and vege- (9) Supervise and direct Farm Service tables under section 32 of the Act of Agency State and county offices and August 29, 1935. designate functions to be performed by (18) [Reserved] Farm Service Agency State and county (19) Collect, summarize, and publish committees. data on the production, distribution, (10) Administer the Dairy Indemnity and stocks of sugar. Program under the Act of August 13, (20) Formulate and carry out the 1968, as amended (7 U.S.C. 4551 et seq.). Conservation Reserve Program, includ- (11) Administer procurement, proc- ing the implementation of technical essing, handling, distribution, disposi- assistance, under the Food Security tion, transportation, payment, and re- Act of 1985, as amended (16 U.S.C. 1231 lated services with respect to surplus et seq.), and the functions of the Grass- removal and supply operations which land Reserve Program transferred to are carried out under section 210 of the the Conservation Reserve Program. Agricultural Act of 1956 (7 U.S.C. 1859), (21) Carry out functions relating to the Act of August 19, 1958, as amended highly erodible land and wetland con- (7 U.S.C. 1431 note), and section 709 of servation under sections 1211–1213 and the Food and Agriculture Act of 1965, 1221–1223 of the Food Security Act of as amended (7 U.S.C. 1446a-1), except as 1985, as amended (16 U.S.C. 3811–3813 delegated to the Under Secretary for and 3821–3823). Food, Nutrition, and Consumer Serv- (22) With respect to land and facili- ices in § 2.19 and to the Under Secretary ties under his or her authority, exer- for Trade and Foreign Agricultural Af- cise the functions delegated to the Sec- fairs in § 2.16(a)(3), and assist the Food retary by Executive Order 12580, 3 CFR, and Consumer Service and the Agricul- 1987 Comp., p. 193, under the following tural Marketing Service in the pro- provisions of the Comprehensive Envi- curement, handling, payment, and re- ronmental Response, Compensation, lated services under section 32 of the Act of August 24, 1935, as amended (7 and Liability Act of 1980 (‘‘the Act’’), U.S.C. 612c), the Act of June 28, 1937, as as amended: amended (7 U.S.C. 713c), the National (i) Sections 104(a), (b), and (c)(4) of School Lunch Act, as amended (42 the Act (42 U.S.C. 9604(a), (b), and U.S.C. 1751 et seq.), section 8 of the (c)(4)), with respect to removal and re- Child Nutrition Act of 1966, as amended medial actions in the event of release (42 U.S.C. 1777), section 311 of the Older or threatened release of a hazardous Americans Act of 1965, as amended (42 substance, pollutant, or contaminant U.S.C. 3030a), and section 4(a) of the into the environment; Agriculture and Consumer Protection (ii) Sections 104(e)–(h) of the Act (42 Act of 1973, as amended (7 U.S.C. 612c U.S.C. 9604(e)–(h)), with respect to in- note), and section 1114 of the Agri- formation gathering and access re- culture and Food Act of 1981 (7 U.S.C. quests and orders; compliance with 1431e). Federal health and safety standards

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and wage and labor standards applica- (xiii) Section 121 of the Act (42 U.S.C. ble to covered work; and emergency 9621), with respect to cleanup stand- procurement powers; ards; and (iii) Section 104(i)(11) of the Act (42 (xiv) Section 122 of the Act (42 U.S.C. U.S.C. 9604(i)(11)), with respect to the 9622), with respect to settlements, but reduction of exposure to significant excluding section 122(b)(1) of the Act risk to human health; (42 U.S.C. 9622(b)(1)), related to mixed (iv) Section 104(j) of the Act (42 funding agreements. U.S.C. 9604(j)), with respect to the ac- (23) With respect to facilities and ac- quisition of real property and interests tivities under his or her authority, to in real property required to conduct a exercise the authority of the Secretary remedial action; of Agriculture pursuant to section 1– (v) The first two sentences of section 102 related to compliance with applica- 105(d) of the Act (42 U.S.C. 9605(d)), ble pollution control standards and sec- with respect to petition for prelimi- tion 1–601 of Executive Order 12088, 3 CFR, 1978 Comp., p. 243, to enter into nary assessment of a release or threat- an inter-agency agreement with the ened release; United States Environmental Protec- (vi) Section 105(f) of the Act (42 tion Agency, or an administrative con- U.S.C. 9605(f)), with respect to consider- sent order or a consent judgment in an ation of the availability of qualified appropriate State, interstate, or local minority firms in awarding contracts, agency, containing a plan and schedule but excluding that portion of section to achieve and maintain compliance 105(f) pertaining to the annual report with applicable pollution control to Congress; standards established pursuant to the (vii) Section 109 of the Act (42 U.S.C. following: 9609), with respect to the assessment of (i) Solid Waste Disposal Act, as civil penalties for violations of section amended by the Resource Conservation 122 of the Act (42 U.S.C. 9622), and the and Recovery Act, as further amended granting of awards to individuals pro- by the Hazardous and Solid Waste viding information; Amendments, and the Federal Facility (viii) Section 111(f) of the Act (42 Compliance Act (42 U.S.C. 6901 et seq.); U.S.C. 9611(f)), with respect to the des- (ii) Federal Water Pollution Preven- ignation of officials who may obligate tion and Control Act, as amended (33 money in the Hazardous Substances U.S.C. 1251 et seq.); Superfund; (iii) Safe Drinking Water Act, as (ix) Section 113(k) of the Act (42 amended (42 U.S.C. 300f et seq.); U.S.C. 9613(k)), with respect to estab- (iv) Clean Air Act, as amended (42 lishing an administrative record upon U.S.C. 7401 et seq.); which to base the selection of a re- (v) Noise Control Act of 1972, as sponse action and identifying and noti- amended (42 U.S.C. 4901 et seq.); fying potentially responsible parties; (vi) Toxic Substances Control Act, as (x) Section 116(a) of the Act (42 U.S.C. amended (15 U.S.C. 2601 et seq.); 9616(a)), with respect to preliminary as- (vii) Federal Insecticide, Fungicide, sessment and site inspection of facili- and Rodenticide Act, as amended (7 ties; U.S.C. 136 et seq.); and (xi) Sections 117(a) and (c) of the Act (viii) Comprehensive Environmental (42 U.S.C. 9617(a) and (c)), with respect Response, Compensation, and Liability to public participation in the prepara- Act of 1980, as amended by the Super- tion of any plan for remedial action fund Amendments and Reauthorization and explanation of variances from the Act of 1986 (42 U.S.C. 9601 et seq.). final remedial action plan for any re- (24)–(26) [Reserved] medial action or enforcement action, (27) Formulate and administer regu- including any settlement or consent lations regarding program ineligibility decree entered into; resulting from convictions under Fed- (xii) Section 119 of the Act (42 U.S.C. eral or State law of planting, culti- 9119), with respect to indemnifying re- vating, growing, producing, harvesting, sponse action contractors; or storing a controlled substance, as

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required under section 1764 of the Food Service Agency, or its predecessor Security Act of 1985 (21 U.S.C. 881a). agencies. (28) Administer the Consolidated (30) Administer the Rural Rehabilita- Farm and Rural Development Act (7 tion Corporation Trust Liquidation Act U.S.C. 1921 et seq.) except for the au- (40 U.S.C. 440 et seq.), and trust, liquida- thority contained in the following sec- tion, and other agreements entered tions: into pursuant thereto. (i) [Reserved] (31) [Reserved] (ii) Section 306 (7 U.S.C. 1926), relat- (32) Administer Farmers Home Ad- ing to all programs in that section; ministration or any successor agency (iii) Section 306A (7 U.S.C. 1926a) and assets conveyed in trust under the Par- section 306B (7 U.S.C. 1926b), relating to ticipation Sales Act of 1966 (12 U.S.C. the Emergency Community Water As- 1717). sistance Grant Programs, and section (33) Administer the emergency loan 306D (7 U.S.C. 1926d), relating to water and guarantee programs under sections systems for rural Alaskan Native Vil- 232, 234, 237, and 253 of the Disaster Re- lages; lief Act of 1970 (Pub. L. No. 91–606), the (iv) Section 306C (7 U.S.C. 1926c) to Disaster Relief Act of 1969 (Pub. L. No. administer the water and waste facility 91–79), Pub. L. No. 92–385, approved Au- loans and grants to alleviate health gust 16, 1972, and the Emergency Live- risks; stock Credit Act of 1974 (Pub. L. No. 93– (v) Sections 309 (7 U.S.C. 1929) and 357), as amended. 309A (7 U.S.C. 1929a), regarding assets (34) Administer loans to homestead and programs related to rural develop- or desertland entrymen and purchasers ment; of land in reclamation projects or to an entryman under the desertland law (7 (vi) Section 310A (7 U.S.C. 1931), re- U.S.C. 1006a and 1006b). lating to watershed and resource con- (35) [Reserved] servation and development loans; (36) Service, collect, settle, and liq- (vii) Section 310B (7 U.S.C. 1932), re- uidate: garding various Rural Development (i) Deferred land purchase obligations programs; of individuals under the Wheeler-Case (viii) Section 310C (7 U.S.C. 1933), re- Act of August 11, 1939, as amended (16 lating to housing program interest U.S.C. 590y), and under the item, rates; ‘‘Water Conservation and Utilization (ix) Section 310G (7 U.S.C. 1936a), re- projects’’ in the Department of the In- lating to the use of rural development terior Appropriation Act, 1940 (53 Stat. loans and grants for other purposes, 719), as amended; and section 353A (7 U.S.C. 2001a), relat- (ii) Puerto Rican Hurricane Relief ing to the servicing of community fa- loans under the Act of July 11, 1956 (70 cilities loans; Stat. 525); and (x) Section 364 (7 U.S.C. 2006f) and (iii) Loans made in conformance with section 365 (7 U.S.C. 2008); section 4 of the Southeast Hurricane (xi) Administrative provisions of sub- Disaster Relief Act of 1965 (79 Stat. title D of the Consolidated Farm and 1301). Rural Development Act related to (37) Administer loans to Indian Rural Utilities Service, Rural Busi- tribes, tribal corporations, and pur- ness-Cooperative Service, and Rural chasers of highly fractionated land (25 Housing Service activities. U.S.C. 488–492). (xii) Section 375 (7 U.S.C. 2008j), relat- (38) Administer the State Agricul- ing to the National Sheep Industry Im- tural Loan Mediation Program under provement Center. title 5 of the Agricultural Credit Act of (xiii) Sections 379 (7 U.S.C. 2008n) 1987 (7 U.S.C. 5101 et seq.). through 379G (7 U.S.C. 2008u) and sub- (39) Administer financial assistance titles E through I (7 U.S.C. 2009–2009dd- programs relating to Economic Oppor- 7) relating to rural development pro- tunity Loans to Cooperatives under grams and activities. part A of title III and part D of title I (29) Collect, service, and liquidate and the necessarily related functions in loans made or insured by the Farm title VI of the Economic Opportunity

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Act of 1964, as amended (42 U.S.C. 2763– Under Secretary for Farm Production 2768, 2841–2855, 2942, 2943(b), 2961), dele- and Conservation , and similar pro- gated by the Director of the Office of grams (including commodity quality Economic Opportunity to the Sec- development programs) consigned by retary of Agriculture by documents statute to the Secretary of Agriculture dated October 23, 1964 (29 FR 14764), and unless otherwise delegated. June 17, 1968 (33 FR 9850), respectively. (46) Administer the following provi- (40) Exercise all authority and discre- sions of the Farm Security and Rural tion vested in the Secretary by section Investment Act of 2002 with respect to 331(c) of the Consolidated Farm and functions otherwise delegated to the Rural Development Act, as amended by Administrator, Farm Service Agency: section 2 of the Farmers Home Admin- (i) The equitable relief provisions of istration Improvement Act of 1994, section 1613 (7 U.S.C. 7996). Pub. L. No. 103–248 (7 U.S.C. 1981(c)), in- (ii) The tracking of benefits under cluding the following: section 1614 (7 U.S.C. 7997). (i) Determine, with the concurrence (47) Administer programs for Apple of the General Counsel, which actions Loans and Emergency Loans for Seed are to be referred to the Department of Producers under section 203(f) and 253, Justice for the conduct of litigation, respectively, of the Agricultural Risk and refer such actions to the Depart- Protection Act of 2000 (7 U.S.C. 1421 ment of Justice through the General note, Pub. L. 106–224). Counsel; (48) Administer evaluations of direct (ii) Determine, with the concurrence and guaranteed loan programs under of the General Counsel, which actions section 5301 of the Farm Security and are to be referred to the General Coun- Rural Investment Act of 2002 (7 U.S.C. sel, for the conduct of litigation and 1992 note). refer such actions; and (49) Formulate and carry out the (iii) Enter into contracts with pri- Grassroots Source Water Protection vate sector attorneys for the conduct Program, authorized by the Food Secu- of litigation, with the concurrence of rity Act of 1985, as amended (16 U.S.C. the General Counsel, after determining 3839bb–2). that the attorneys will provide com- (50) Administer cooperative agree- petent and cost effective representa- ments authorized under 7 U.S.C. tion for the Farm Service Agency. 2204b(b)(4) as follows: (41) [Reserved] (i) Administer cooperative agree- (42) Administer the provisions con- ments with respect to conservation cerning the end-use certificate system programs; authorized pursuant to section 301(f) of (ii) Administer cooperative agree- the North American Free Trade Imple- ments, of less than $100,000, with non- mentation Act (19 U.S.C. 3391(f)). governmental organizations or edu- (43) Determine the type and quantity cational institutions related to out- of commodities that are available for reach and technical assistance for pro- programming under section 416(b) of grams carried out by the Farm Service the Agricultural Act of 1949 (7 U.S.C. Agency, and, where such cooperative 1431(b)), and the Food for Progress Act agreements focus on outreach activi- of 1985 (7 U.S.C. 1736o), and arrange for ties to beginning, underserved, or vet- the processing, packaging, transpor- eran producers, coordinate with the Di- tation, handling and delivery to port of rector, Office of Advocacy and Out- such commodities in connection there- reach to reduce potential duplication. with. (51) Administer the feedstock flexi- (44) [Reserved] bility program for bioenergy producers (45) Administer all programs of the under section 9010 of the Farm Secu- Commodity Credit Corporation that rity and Rural Investment Act of 2002 provide assistance with respect to the (7 U.S.C. 8110) and the biomass crop as- production of agricultural commodities sistance program under section 9011 of or the income of producers, including that Act (7 U.S.C. 8111). disaster assistance and the domestic (52)–(53) [Reserved] marketing of such commodities, except (54) Implement the authority in sec- as may otherwise be reserved by the tion 1241 of the Food Security Act of

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1985 (16 U.S.C. 3841) to accept and use sion, and Teaching Policy Act of 1977 (7 voluntary contributions of non-Federal U.S.C. 3318(b)) for the purpose of imple- funds in support of natural resources menting section 1614(c)(3) of the Agri- conservation programs under subtitle cultural Act of 2014 (7 U.S.C. 9097(c)). D of title XII of that Act with respect (60) Administer the funds made avail- to authorities delegated to the Admin- able to the Office of the Secretary istrator, Farm Service Agency. under Title I of Subdivision B, Further (55) In coordination with the Direc- Supplemental Appropriations for Dis- tor, Office of Advocacy and Outreach, aster Relief Requirements Act, 2018, issue receipts under section 2501A(e) of Public Law 115–123. the Food, Agriculture, Conservation, (61) Administer the Organic Certifi- and Trade Act of 1990 (7 U.S.C. 2279– cation Cost Share Programs authorized 1(e)). under the Federal Crop Insurance Act (56) Administer the following provi- (7 U.S.C. 1524(b)(4)(C)(ii), and under the sions of the Food, Conservation, and Farm Security and Rural Investment Energy Act of 2008, Public Law 110–246: Act, as amended by the Agricultural (i) [Reserved] Act of 2014 (7 U.S.C. 6523). (ii) Section 1609 relating to the track- (62) Determine the agricultural com- ing of benefits. modities acquired under price support (iii)–(iv) [Reserved] programs which are available for ex- (iv) Section 1613 relating to the port. durum wheat quality program. (63) Administer the following provi- (v) Section 1621 relating to direct re- sions of the Agriculture Improvement imbursement payments to geographi- Act of 2018, Public Law 116–334: cally disadvantaged farmers or ranch- (i) Section 5413 relating to reporting ers. on farm loans (7 U.S.C. 2008x). (vi)–(vii) [Reserved] (ii) Section 12304 relating to the Na- (viii) Section 14212 relating to the tional Beginning Farmer and Rancher closure or relocation of county or field Coordinator (7 U.S.C. 6934a). offices of the Farm Service Agency. (iii) Section 12612 relating to a na- (ix) [Reserved] tional agriculture imagery program (7 (57) Implement the information dis- U.S.C. 2204j). closure authorities of section (iv) Section 12615 relating to the eli- 1619(b)(3)(A) of the Food, Conservation, gibility for farm operators on heirs’ and Energy Act of 2008 (7 U.S.C. property to obtain a farm loan number 8791(b)(3)(A)). (7 U.S.C. 2266b). (58) Administer the following provi- (b) Reservations. The following au- sions of the Agricultural Act of 2014, thorities are reserved to the Under Sec- Public Law 113–79, as amended: retary for Farm Production and Con- (i) Sections 1401–1410 relating to a servation: margin protection program for dairy (1) Designating counties and areas for producers (7 U.S.C. 9051–9060), and sec- emergency programs under Pub. L. No. tion 1431 relating to a dairy product do- 85–58, as amended. nation program (7 U.S.C. 9071). (2) Making and issuing notes to the (ii) Section 1612 relating to the track- Secretary of the Treasury for the pur- ing of benefits (7 U.S.C. 9095). poses of the Agricultural Credit Insur- (iii) Section 12314 relating to the ance Fund as authorized by the Con- Pima Agriculture Cotton Trust Fund (7 solidated Farm and Rural Development U.S.C. 2101 note), in coordination with Act (7 U.S.C. 1929). the Administrator, Foreign Agricul- tural Service. [60 FR 56393, Nov. 8, 1995, as amended at 61 (iv) Section 12315 relating to the Ag- FR 25776, May 23, 1996; 61 FR 37552, July 18, riculture Wool Apparel Manufacturers 1996; 62 FR 1031, Jan. 8, 1997; 62 FR 19901, Apr. Trust Fund (7 U.S.C. 7101 note), in co- 24, 1997; 68 FR 27443, May 20, 2003; 69 FR 34254, ordination with the Administrator, June 21, 2004; 71 FR 35491, June 21, 2006; 71 FR 51421, Aug. 30, 2006; 74 FR 3406, Jan. 21, 2009; Foreign Agricultural Service. 75 FR 43380, July 23, 2010; 78 FR 40938, July 9, (59) Enter into cooperative agree- 2013; 79 FR 44112, July 30, 2014; 80 FR 58338, ments under section 1472(b) of the Na- Sept. 29, 2015; 83 FR 22184, May 14, 2018; 83 FR tional Agricultural Research, Exten- 61313, Nov. 29, 2018; 85 FR 65514, Oct. 15, 2020]

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§ 2.43 Chief, Natural Resources and eral States, the District of Columbia, Conservation Service. the Commonwealth of Puerto Rico, and (a) Delegations. Pursuant to the Commonwealth of the Northern § 2.16(a)(3), subject to reservations in Mariana Islands, American Samoa, § 2.16(b) of this chapter, the following Guam, the Virgin Islands, and Feder- delegations of authority are made by ally recognized Native American the Under Secretary for Farm Produc- tribes, but also to communities, water- tion and Conservation to the Chief of shed groups, Federal and State agen- the Natural Resources Conservation cies, and other cooperators. This au- Service: thority includes such assistance as: (1) Provide national leadership in the (A) Comprehensive planning assist- conservation, development and produc- ance in nonmetropolitan districts; tive use of the Nation’s soil, water, and (B) Assistance in the field of income- related resources. Such leadership en- producing recreation on rural non-Fed- compasses soil, water, plant, and wild- eral lands; life conservation; small watershed pro- (C) Forestry assistance, as part of tection and flood prevention; and re- total technical assistance to private source conservation and development. land owners and land users when such Integrated in these programs are ero- services are an integral part of land sion control, sediment reduction, pollu- management and such services are not tion abatement, land use planning, available from a State agency; and for- multiple use, improvement of water estry services in connection with quality, and several surveying and windbreaks and shelter belts to prevent monitoring activities related to envi- wind and water erosion of lands; ronmental improvement. All are de- (D) Assistance in developing pro- signed to assure: grams relating to natural beauty; and (i) Quality in the natural resource (E) Assistance to other USDA agen- base for sustained use; cies in connection with the administra- (ii) Quality in the environment to tion of their programs, as follows: provide attractive, convenient, and sat- (1) To the Farm Service Agency in isfying places to live, work, and play; the development and technical serv- and icing of certain programs, such as the (iii) Quality in the standard of living Agricultural Conservation Program based on community improvement and and other such similar conservation adequate income. programs; (2) Provide national leadership in (2) To the Rural Housing Service in evaluating and coordinating land use connection with their loan and land policy, and administer the Farmland disposition programs. Protection Policy Act (7 U.S.C. 4201 et seq.), including the Farms for the Fu- (ii) Soil Surveys, including: ture Program authorized by sections (A) Providing leadership for the Fed- 1465–1470 of the Food, Agriculture, Con- eral part of the National Cooperative servation, and Trade Act of 1990 (7 Soil Survey which includes conducting U.S.C. 4201 note), except as otherwise and publishing soil surveys; delegated to the Administrator, Agri- (B) Conducting soil surveys for re- cultural Research Service in source planning and development; and § 2.65(a)(80) and the Director, National (C) Performing the cartographic serv- Institute of Food and Agriculture in ices essential to carrying out the func- § 2.66(a)(76). tions of the Natural Resources Con- (3) Administer the basic program of servation Service, including furnishing soil and water conservation under Pub- photographs, mosaics, and maps. lic Law 74–46, as amended, and related (iii) Conducting and coordinating laws (16 U.S.C. 590a–f, q, q–1; 42 U.S.C. snow surveys and making water supply 3271–3274; 7 U.S.C. 2201), including: forecasts pursuant to Reorganization (i) Technical and financial assistance Plan No. IV of 1940 (5 U.S.C. App.); to land users in carrying out locally (iv) Operating plant materials cen- adapted soil and water conservation ters for the assembly and testing of programs primarily through soil and plant species in conservation programs, water conservation districts in the sev- including the use, administration, and

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disposition of lands under the adminis- (7) Responsibility for entering into tration of the Natural Resources Con- long-term contracts for carrying out servation Service for such purposes conservation and environmental meas- under title III of the Bankhead–Jones ures in watershed areas. Farm Tenant Act (7 U.S.C. 1010–1011); (8) Provide national leadership for and and administer the Soil and Water Re- (v) Providing leadership in the sources Conservation Act of 1977 (16 inventorying and monitoring of soil, U.S.C. 2001 et seq.), except for respon- water, land, and related resources of sibilities assigned to other USDA agen- the Nation. cies. (4) Administer the Watershed Protec- (9) Administer Rural Clean Water tion and Flood Prevention Programs, Program and other responsibilities as- including: signed under section 35 of the Clean (i) The eleven authorized watershed Water Act of 1977 (33 U.S.C. 1251 et seq.). projects authorized under the Flood (10) Monitor actions and progress of Control Act of 1944 (Pub. L. 78–534), ex- USDA in complying with Executive cept for responsibilities assigned to the Order 11988, Flood Plain Management, 3 Forest Service; CFR, 1977 Comp., p. 117, and Executive (ii) The emergency flood control Order 11990, Protection of Wetlands, 3 work under 33 U.S.C. 701b–1, except for CFR, 1977 Comp., p. 121, regarding man- responsibilities assigned to the Forest agement of floodplains and protection Service; of wetlands; monitor USDA efforts on (iii) The Cooperative River Basin protection of important agricultural, Surveys and Investigations Programs forest and rangelands; and provide staff under 16 U.S.C. 1006, except for respon- assistance to the USDA Natural Re- sibilities assigned to the Forest Serv- sources and Environment Committee. ice; (11) Administer the search and rescue (iv) The pilot watershed projects operations authorized under 7 U.S.C. under 16 U.S.C. 590a–f, and 16 U.S.C. 2273. 1001–1009, except for responsibilities as- (12) Administer section 202(c) of the signed to the Forest Service; Colorado River Basin Salinity Control (v) The Watershed Protection and Act, 43 U.S.C. 1592(c) including: Flood Prevention Program under 16 (i) Identify salt source areas and de- U.S.C. 1001–1010, including rehabilita- termine the salt load resulting from ir- tion of water resource structural meas- rigation and watershed management ures constructed under certain Depart- practices; ment of Agriculture programs under 16 (ii) Conduct salinity control studies U.S.C. 1012, except for responsibilities of irrigated salt source areas; assigned to the Rural Housing Service (iii) Provide technical and financial and the Forest Service. assistance in the implementation of sa- (vi) The joint investigations and sur- linity control projects including the veys with the Department of the Army development of salinity control plans, under 16 U.S.C. 1009; and technical services for application, and (vii) The Emergency Conservation certification of practice applications; Program and the Emergency Water- (iv) Develop plans for implementing shed Protection Program under sec- measures that will reduce the salt load tions 401–405 of the Agricultural Credit of the Colorado River; Act of 1978, 16 U.S.C. 2201–2205, except (v) Develop and implement long-term for the provisions of sections 401 and monitoring and evaluation plans to 402, 16 U.S.C. 2201–2202, as administered measure and report progress and ac- by the Farm Service Agency. complishments in achieving program (5) [Reserved] objectives; and (6) Administer the Resource Con- (vi) Enter into and administer con- servation and Development Program tracts with program participants and under 16 U.S.C. 590a–f; 7 U.S.C. 1010– waive cost-sharing requirements when 1011; and 16 U.S.C. 3451–3461, except for such cost-sharing requirements would responsibilities assigned to the Rural result in a failure to proceed with need- Utilities Service. ed on-farm measures.

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(13) Administer natural resources (ix) The Wildlife Habitat Incentives conservation authorities, including au- Program authorized by section 1240N of thorities related to programs of the the Act (16 U.S.C. 3839bb–1) prior to Commodity Credit Corporation that February 7, 2014 and Section 2707 of the provide assistance with respect to nat- Agricultural Act of 2014; ural resources conservation, under (x) The program for soil erosion and Title XII of the Food Security Act of sedimentation control in the Great 1985 (the Act), as amended (16 U.S.C. Lakes basin authorized by section 3801 et seq.), including the following: 1240P of the Act (16 U.S.C. 3839bb–3) (i) Technical assistance related to prior to February 7, 2014, and section the conservation of highly erodible 2708 of the Agricultural Act of 2014; lands and wetlands pursuant to sec- (xi) The Chesapeake Bay Watershed tions 1211–1224 of the Act (16 U.S.C. Program authorized by section 1240Q of 3811–3824); the Act (16 U.S.C. 3839bb–4) prior to (ii) Technical assistance related to February 7, 2014, and section 2709 of the the Conservation Reserve Program au- Agricultural Act of 2014; thorized by sections 1231–1235 of the (xii) The delivery of technical assist- Act (16 U.S.C. 3831–3835); ance under section 1242 of the Act (16 (iii) The Wetlands Reserve Program U.S.C. 3842), including the approval of and the Emergency Wetlands Reserve persons or entities outside of USDA to Program authorized by sections 1237– provide technical services; 1237F of the Act (16 U.S.C. 3837–3837f) (xiii) The authority for partnerships prior to February 7, 2014, the transition authority under section 2703 of the Ag- and cooperation provided by section ricultural Act of 2014, and the Emer- 1243 of the Act (16 U.S.C. 3843) prior to gency Supplemental Appropriations for February 7, 2014, and section 2710 of the Relief from the Major, Widespread Agricultural Act of 2014; and Flooding in the Midwest Act, Public (xiv) The incentives for certain farm- Law 103–75; ers and ranchers and Indian tribes and (iv) The Conservation Security Pro- the protection of certain proprietary gram authorized by sections 1238–1238C information related to natural re- of the Act (16 U.S.C. 3838–3838c) and the sources conservation programs as pro- Conservation Stewardship Program au- vided by section 1244 of the Act (16 thorized by sections 1240I–1240L–1 (16 U.S.C. 3844), except for responsibilities U.S.C. 3839aa–21—3839aa–25). assigned to the Administrator, Farm (v) The Farmland Protection Pro- Service Agency. gram authorized by sections 1238H– (xv) The Agriculture Conservation 1238I of the Act (16 U.S.C. 3838h–3838i) Experienced Services Program author- prior to February 7, 2014, and the tran- ized by section 1252 of the Act (16 sition authority under section 2704 of U.S.C. 3851). the Agricultural Act of 2014; (xvi) The authority under sections (vi) The Farm Viability Program au- 1261–1262 of the Act (16 U.S.C. 3861–3862) thorized by section 1238J of the Act (16 to establish and utilize State Technical U.S.C. 3838j) prior to February 7, 2014, Committees. and the transition authority under sec- (xvii) Those portions of the Grassland tion 2704 of the Agricultural Act of Reserve Program under sections 1238N– 2014; 1238Q of the Act (16 U.S.C. 3838n–3838q) (vii) The Environmental Quality In- prior to February 7, 2014, and section centives Program authorized by sec- 2705 of the Agricultural Act of 2014 that tions 1240–1240H of the Act (16 U.S.C. are or become the responsibility of the 3839aa–3839aa–8), the Agricultural Under Secretary for Farm Production Water Enhancement Program author- and Conservation. ized by section 1240H of the Act (16 (xiii) The authority in section 1241 of U.S.C. 3839aa–9) prior to February 7, the Act (16 U.S.C. 3841) to accept and 2014, and section 2706 of the Agricul- use voluntary contributions of non- tural Act of 2014; Federal funds in support of natural re- (viii) The conservation of private sources conservation programs under grazing lands authorized by section subtitle D of title XII of the Act with 1240M of the Act (16 U.S.C. 3839bb); respect to authorities delegated to the

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Chief, Natural Resources Conservation U.S.C. App. 2061 et seq.), and title VI of Service. the Robert T. Stafford Disaster Relief (xix) The Agricultural Conservation and Emergency Assistance Act (42 Easement Program authorized by sec- U.S.C. 5195 et seq.), relating to agricul- tions 1265–1265D of the Act (16 U.S.C. tural lands and water. 3865–3865d). (22) Administer the Abandoned Mine (xx) The Regional Conservation Part- Reclamation Program for Rural Lands nership Program authorized by sec- and other responsibilities assigned tions 1271–1271F of the Act (16 U.S.C. under the Surface Mining Control and 3871–3871f). Reclamation Act of 1977 (30 U.S.C. 1201 (xxi) The Voluntary Public Access et seq.), except for responsibilities as- and Habitat Incentive Program author- signed to the Forest Service. ized by section 1240R of the Act (16 (23) With respect to land and facili- U.S.C. 3839bb–5). ties under his or her authority, to exer- (xxii) A wetlands mitigation banking cise the functions delegated to the Sec- program authorized by section 1222(k) retary by Executive Order 12580, 3 CFR, of the Act (16 U.S.C. 3822(k)). 1987 Comp., p. 193, under the following (14) Approve and transmit to the Con- provisions of the Comprehensive Envi- gress comprehensive river basin re- ronmental Response, Compensation, ports. and Liability Act of 1980 (‘‘the Act’’), (15) Provide representation on the as amended: Water Resources Council and river (i) Sections 104(a), (b), and (c)(4) of basin commissions created by 42 U.S.C. the Act (42 U.S.C. 9604(a), (b), and 1962, and on river basin interagency (c)(4)), with respect to removal and re- committees. medial actions in the event of release (16) Administer the state and private or threatened release of a hazardous forest landscape-scale restoration pro- substance, pollutant, or contaminant gram (16 U.S.C. 2109a). 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; the Administrator, Risk Management (iii) Section 104(i)(11) of the Act (42 Agency, and to the Administrator, U.S.C. 9604(i)(11)), with respect to the Farm Service Agency. reduction of exposure to significant (19) Administer the Healthy Forests risk to human health; Reserve Program authorized by sec- (iv) Section 104(j) of the Act (42 tions 501–508, Title V of the Healthy U.S.C. 9604(j)), with respect to the ac- Forests Restoration Act of 2003 (16 quisition of real property and interests U.S.C. 6571–6578). in real property required to conduct a (20) Coordinate USDA input and as- remedial action; sistance to the Department of Com- (v) The first two sentences of section merce and other Federal agencies con- 105(d) of the Act (42 U.S.C. 9605(d)), sistent with section 307 of the Coastal with respect to petitions for prelimi- Zone Management Act of 1972 (16 U.S.C. nary assessment of a release or threat- 1456), and coordinate USDA review of ened release; qualifying state and local government (vi) Section 105(f) of the Act (42 coastal management plans or programs U.S.C. 9605(f)), with respect to consider- prepared under such Act and submitted ation of the availability of qualified to the Secretary of Commerce, con- minority firms in awarding contracts, sistent with section 306(a) and (c) of but excluding that portion of section such Act (16 U.S.C. 1455(a) and (c)). 105(f) of the Act pertaining to the an- (21) Administer responsibilities and nual report to Congress; functions assigned under the Defense (vii) Section 109 of the Act (42 U.S.C. Production Act of 1950, as amended (50 9609), with respect to the assessment of

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civil penalties for violations of section Solid Waste Amendments, and the Fed- 122 of the Act (42 U.S.C. 9622) and the eral Facility Compliance Act (42 U.S.C. granting of awards to individuals pro- 6901 et seq.); viding information; (ii) Federal Water Pollution Preven- (viii) Section 111(f) of the Act (42 tion and Control Act, as amended (33 U.S.C. 9611(f)), with respect to the des- U.S.C. 1251 et seq.); ignation of officials who may obligate (iii) Safe Drinking Water Act, as money in the Hazardous Substances amended (42 U.S.C. 300f et seq.); Superfund; (iv) Clean Air Act, as amended (42 (ix) Section 113(k) of the Act (42 U.S.C. 7401 et seq.); U.S.C. 9613(k)), with respect to estab- (v) Noise Control Act of 1972, as lishing an administrative record upon amended (42 U.S.C. 4901 et seq.); which to base the selection of a re- (vi) Toxic Substances Control Act, as sponse action and identifying and noti- amended, (15 U.S.C. 2601 et seq.); fying potentially responsible parties; (vii) Federal Insecticide, Fungicide, (x) Section 116(a) of the Act (42 U.S.C. and Rodenticide Act, as amended (7 9616(a)), with respect to preliminary as- U.S.C. 136 et seq.); and sessment and site inspection of facili- (viii) Comprehensive Environmental ties; Response, Compensation, and Liability (xi) Section 117(a) and (c) of the Act Act of 1980, as amended by the Super- (42 U.S.C. 9617(a) and (c)), with respect fund Amendments and Reauthorization to public participation in the prepara- Act of 1986 (42 U.S.C. 9601 et seq.). tion of any plan for remedial action (25) Administer the following provi- and explanation of variances from the sions of the Farm Security and Rural final remedial action plan for any re- Investment Act of 2002 with respect to medial action or enforcement action, functions otherwise delegated to the including any settlement or consent Chief, Natural Resources Conservation decree entered into; Service: (xii) Section 119 of the Act (42 U.S.C. (i) The equitable relief provisions of 9619), with respect to indemnifying re- section 1613 (7 U.S.C. 7996); and sponse action contractors; (ii) The tracking of benefits under (xiii) Section 121 of the Act (42 U.S.C. section 1614 (7 U.S.C. 7997). 9621), with respect to cleanup stand- (26) Implement the information dis- ards; and closure authorities of section (xiv) Section 122 of the Act (42 U.S.C. 1619(b)(3)(A) of the Food, Conservation, 9622), with respect to settlement, but and Energy Act of 2008 (7 U.S.C. excluding section 122(b)(1) of the Act. 8791(b)(3)(A)). (24) With respect to facilities and ac- (27) In coordination with the Direc- tivities under his or her authority, to tor, Office of Advocacy and Outreach, exercise the authority of the Secretary issue receipts under section 2501A(e) of of Agriculture pursuant to section 1– the Food, Agriculture, Conservation, 102 related to compliance with applica- and Trade Act of 1990 (7 U.S.C. 2279– ble pollution control standards and sec- 1(e)). tion 1–601 of Executive Order 12088, 3 (28) Authorize employees of the Nat- CFR, 1978 Comp., p. 243, to enter into ural Resources Conservation Service to an inter-agency agreement with the carry and use firearms for personal United States Environmental Protec- protection while conducting field work tion Agency, or an administrative con- in remote locations in the performance sent order or a consent judgment in an of their official duties (7 U.S.C. 2274a). appropriate United States District (29) Conduct activities that assist the Court with an appropriate State, inter- Director, Office of Environmental Mar- state, or local agency, containing a kets, in developing guidelines regard- plan and schedule to achieve and main- ing the development of environmental tain compliance with applicable pollu- services markets. tion control standards established pur- (30) Administer the Terminal Lakes suant to the following: assistance program authorized by sec- (i) Solid Waste Disposal Act, as tion 2507 of the Farm Security and amended by the Resource Conservation Rural Investment Act of 2002 (16 U.S.C. and Recovery Act, the Hazardous and 3839bb–6).

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(31) Enter into cooperative agree- § 2.44 Administrator, Risk Manage- ments, which may provide for the ac- ment Agency and Manager, Federal quisition of goods or services, including Crop Insurance Corporation. personal services, as authorized by (a) Delegations. Pursuant to Public Law 106–387 (7 U.S.C. 6962a). § 2.16(a)(4), subject to reservations in (32) Administer the following provi- § 2.16(b)(3), the following delegations of sions of the Agriculture Improvement authority are made by the Under Sec- Act of 2018 (Pub. L. 116–334): retary for Farm Production and Con- (i) Section 1704 (7 U.S.C. 1308–3a), au- servation to the Administrator, Risk thorizing waivers of the adjusted gross Management Agency, and Manager income limitation. Federal Crop Insurance Corporation: (ii) In consultation with the Adminis- (1) Appoint such officers and employ- trator, Farm Service Agency, and the ees as may be necessary for the trans- Director of the U.S. Fish and Wildlife action of the business of the Federal Service, Section 2707 (16 U.S.C. 1531 Crop Insurance Corporation and the note), relating to wildlife management. Risk Management Agency. (iii) In coordination with the Under (2) Conduct pilot programs involving Secretary for Marketing and Regu- revenue insurance, risk management latory Programs, Section 2408 (7 U.S.C. savings accounts, or the use of futures 8351 note), relating to the Feral Swine markets to manage risk and support Eradication and Control Pilot Pro- farm income. gram. (3) Provide education in management (iv) Section 8628, relating to the pur- of the financial risks inherent in the chase of Natural Resources Conserva- production and marketing of agricul- tion Service property in Riverside tural commodities. County, California. (4) Conduct a study and issue a report (v) Section 12302, relating to the Of- on the efficacy and accuracy of the ap- fice of Urban Agriculture and Innova- plication of pack factors regarding the tive Production. measurement of farm-stored produc- (b) Reservations. The following au- tion for purposes of providing policies thorities are reserved to the Under Sec- or plans of insurance under the Federal retary for Farm Production and Con- Crop Insurance Act (7 U.S.C. 1501 et servation: seq.). (1) Executing cooperative agreements (5) Carry out functions relating to and memoranda of understanding for highly erodible land and wetland con- multi-agency cooperation with con- servation under sections 1211–1213 and servation districts and other districts 1221–1223 of the Food Security Act of organized for soil and water conserva- 1985, as amended (16 U.S.C. 3811–3813 tion within States, territories, posses- and 3821–3823). sions, and American Indian Nations. (6) Prepare cropland reports as re- (2) Approving additions to authorized quired by section 11014(c) of the Agri- Resource Conservation and Develop- cultural Act of 2013, Public Law 113–79. ment Projects that designate new (7) Assist the Administrator, Eco- project areas in which resource con- nomic Research Service with imple- servation and development program as- menting section 10016 of the Agricul- sistance will be provided, and with- tural Act of 2014 regarding locally or drawing authorization for assistance, regionally produced agricultural food pursuant to 16 U.S.C. 590a-f; 7 U.S.C. products (7 U.S.C. 2204h). 1010–1011; 16 U.S.C. 3451–3461. (8) Administer the Federal Crop In- (3) Giving final approval to and surance Act (7 U.S.C. 1501, et seq.), ex- transmitting to the Congress water- cept for sections 524(a)(1)(B), (a)(3), and shed work plans that require congres- (b) (7 U.S.C. 1524(a)(1)(B), (a)(3), (b)) and sional approval. 531 (7 U.S.C. 1531). [83 FR 22185, May 14, 2018, as amended at 85 (9) Coordinate with the Adminis- FR 65515, Oct. 15, 2020] trator, Farm Service Agency, on the type and format of data received under

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the noninsured crop assistance pro- retary by Executive Order 12580, 3 CFR, gram authorized by Sec. 196 of the Fed- 1987 Comp., p. 193, under the following eral Agriculture Improvement and Re- provisions of the Comprehensive Envi- form Act of 1996 (Pub. L 104–127, as ronmental Response, Compensation, amended) (7 U.S.C. 7333). and Liability Act of 1980 (‘‘the Act’’), (b) [Reserved] as amended: (i) Sections 104(a), (b), and (c)(4) of [62 FR 19901, Apr. 24, 1997, as amended at 74 FR 3407, Jan. 21, 2009; 79 FR 44113, July 30, the Act (42 U.S.C. 9604(a), (b), and 2014; 83 FR 22188, May 14, 2018; 85 FR 65516, (c)(4)), with respect to removal and re- Oct. 15, 2020] medial actions in the event of release or threatened release of a hazardous Subpart G—Delegations of Au- substance, pollutant, or contaminant thority by the Under Secretary into the environment; (ii) Sections 104(e)–(h) of the Act (42 for Rural Development U.S.C. 9604(e)–(h)), with respect to in- formation gathering and access re- EDITORIAL NOTE: Nomenclature changes to quests and orders; compliance with subpart G of part 2 appear at 60 FR 66713, Federal health and safety standards Dec. 26, 1995. and wage and labor standards applica- § 2.45 Deputy Under Secretary for ble to covered work; and emergency Rural Development. procurement powers; (iii) Section 104(i)(11) of the Act (42 Pursuant to § 2.17(a), subject to res- U.S.C. 9604(i)(11)), with respect to the ervations in § 2.17(b), and subject to reduction of exposure to significant policy guidance and direction by the risk to human health; Under Secretary for Rural Develop- (iv) Section 104(j) of the Act (42 ment, the following delegation of au- U.S.C. 9604(j)), with respect to the ac- thority is made to the Deputy Under quisition of real property and interests Secretary for Rural Development, to be in real property required to conduct a exercised only during the absence or remedial action; unavailability of the Under Secretary: (v) The first two sentences of section Perform all the duties and exercise all 105(d) of the Act (42 U.S.C. 9605(d)), the powers which are now or which with respect to petitions for prelimi- may hereafter be delegated to the nary assessment of a release or threat- Under Secretary for Rural Develop- ened release; ment. (vi) Section 105(f) of the Act (42 [85 FR 65516, Oct. 15, 2020] U.S.C. 9605(f)), with respect to consider- ation of the availability of qualified § 2.46 Chief Operating Officer, Rural minority firms in awarding contracts, Development Business Center. but excluding that portion of section (a) Delegations. Pursuant to § 2.17(a), 105(f) pertaining to the annual report subject to the reservations in § 2.17(b), to Congress; the following delegations of authority (vii) Section 109 of the Act (42 U.S.C. are made by the Under Secretary for 9609), with respect to the assessment of Rural Development to the Chief Oper- civil penalties for violations of section ating Officer, Rural Development Busi- 122 of the Act (42 U.S.C. 9622), and the ness Center: (1) Provide to the Rural granting of awards to individuals pro- Utilities Service, Rural Housing Serv- viding information; ice, and Rural Business-Cooperative (viii) Section 111(f) of the Act (42 Service management support services U.S.C. 9611(f)), with respect to the des- including information technology, fi- ignation of officials who may obligate nancial management, human resources, money in the Hazardous Substances procurement, property management, Superfund; and related business and administra- (ix) Section 113(k) of the Act (42 tive processes. U.S.C. 9613(k)), with respect to estab- (2) With respect to land and facilities lishing an administrative record upon under the authority of the Under Sec- which to base the selection of a re- retary for Rural Development, exercise sponse action and identifying and noti- the functions delegated to the Sec- fying potentially responsible parties;

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(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) Sections 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 Act of 1980, as amended by the Super- and explanation of variances from the fund Amendments and Reauthorization final remedial action plan for any re- Act of 1986 (42 U.S.C. 9601 et seq.). medial action or enforcement action, (4) Collect, service, and liquidate sin- including any settlement or consent gle family housing loans made, insured, decree entered into; or guaranteed by the Rural Housing (xii) Section 119 of the Act (42 U.S.C. Service. 9119), with respect to indemnifying re- (b) [Reserved] sponse action contractors; [83 FR 61313, Nov. 29, 2018] (xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to cleanup stand- § 2.47 Administrator, Rural Utilities ards; and Service. (xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to settlements, but (a) Delegations. Pursuant to excluding section 122(b)(1) of the Act §§ 2.17(a)(14) and (a)(16) through (a)(20), (42 U.S.C. 9622(b)(1)), related to mixed and subject to policy guidance and di- funding agreements. rection by the Under Secretary for Rural Development, the following dele- (3) With respect to facilities and ac- gations of authority are made by the tivities under the authority of the Under Secretary for Rural Develop- Under Secretary for Rural Develop- ment to the Administrator, Rural Util- ment, exercise the authority of the ities Service: Secretary of Agriculture pursuant to section 1–102 related to compliance (1) Administer the Rural Electrifica- with applicable pollution control tion Act of 1936, as amended (7 U.S.C. standards and section 1–601 of Execu- 901, et seq.): Provided, however, that tive Order 12088, 3 CFR, 1978 Comp., p. the Administrator may utilize consult- 243, to enter into an inter-agency ants and attorneys for the provision of agreement with the United States En- legal services pursuant to 7 U.S.C. 918, vironmental Protection Agency, or an with the concurrence of the General administrative consent order or a con- Counsel. sent judgment in an appropriate State, (2) Administer the Rural Electrifica- interstate, or local agency, containing tion Act of 1938 (7 U.S.C. 903 note). a plan and schedule to achieve and (3) The Administrator, Rural Utili- maintain compliance with applicable ties Service is designated to serve as pollution control standards established the chief executive officer of the Rural pursuant to the following: Telephone Bank. (i) Solid Waste Disposal Act, as (4) Administer the following sections amended by the Resource Conservation of the Consolidated Farm and Rural and Recovery Act, as further amended Development Act (7 U.S.C. 1921, et seq.): by the Hazardous and Solid Waste (i) Section 306 (7 U.S.C. 1926), related Amendments, and the Federal Facility to water and waste facilities. Compliance Act (42 U.S.C. 6901 et seq.); (ii) Section 306A (7 U.S.C. 1926a). (ii) Federal Water Pollution Preven- (iii) Section 306B (7 U.S.C. 1926b). tion and Control Act, as amended (33 (iv) Section 306C (7 U.S.C. 1926c). U.S.C. 1251 et seq.); (v) Section 306D (7 U.S.C. 1926d). (iii) Safe Drinking Water Act, as (vii) Section 306E (7 U.S.C. 1926e). amended (42 U.S.C. 300f et seq.); (vii) Sections 309 (7 U.S.C. 1929 and (iv) Clean Air Act, as amended (42 309A (7 U.S.C. 1929a), relating to assets U.S.C. 7401 et seq.); and programs related to watershed fa- (v) Noise Control Act of 1972, as cilities, resource and conservation fa- amended (42 U.S.C. 4901 et seq.); cilities, and water and waste facilities.

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(viii) Section 305 (7 U.S.C. 1926) relat- (13) Administer the Distance Learn- ing to hazardous weather early warn- ing and Medical Link Programs (7 ing systems. U.S.C. 950aaa et seq.). (ix) Section 310A (7 U.S.C. 1931), re- (14) Administer water and waste fa- lating to watershed and resource con- cility programs and activities (7 U.S.C. servation and development. 1926–1). (x) Section 310B(b) (7 U.S.C. 1932(b)). (15) In coordination with the Office of (xi)–(xii) [Reserved] Tribal Relations, provide technical as- (xiii) Administrative Provisions of sistance to improve access by Tribal subtitle D of the Consolidated Farm entities to rural development programs and Rural Development Act relating to funded by the Department of Agri- Rural Utilities Service activities. culture through available cooperative (xiv) Section 379B (7 U.S.C. 2009;). agreement authorities (7 U.S.C. 2671). (5) Administer section 8, and those (16) In coordination with the Direc- functions with respect to repayment of tor, Office of Advocacy and Outreach, obligations under section 4, of the Wa- issue receipts under section 2501A(e) of tershed Protection and Flood Preven- the Food, Agriculture, Conservation, tion Act (16 U.S.C. 1006a, 1004) and ad- and Trade Act of 1990 (7 U.S.C. 2279– minister the Resource Conservation 1(e)). and Development Program to assist in (17) Administer section 6407 of the carrying out resource conservation and Farm Security and Rural Investment development projects in rural areas Act of 2002 (7 U.S.C. 8107a), relating to under section 32(e) of the Bankhead- a rural energy savings program. Jones Farm Tenant Act (7 U.S.C. (18) Administer section 6210 of the 1011(e)). Agricultural Act of 2014, Public Law (6) Administer the Water and Waste 113–79, relating to funding of pending Loan Program (7 U.S.C. 1926–1). rural development loan and grant ap- (7) Administer the Rural Wastewater plications. Treatment Circuit Rider Program (7 (19) Administer the authority under U.S.C. 1926 note). Sec. 746 of Division A of the Consoli- dated Appropriations Act, 2018 (Pub. L. (8) Collect, service, and liquidate 115–141), and any successor provisions loans made, insured, or guaranteed by in subsequent appropriations acts, to the Rural Utilities Service or its prede- issue waivers to the U.S. iron and steel cessor agencies. requirements for the construction, al- (9) Consult with the Assistant Sec- teration, maintenance, or repair of a retary of Commerce for Communica- public water or wastewater system. tions and Information to assist in the (b) Reservations. The following au- verification of eligibility of the thority is reserved to the Under Sec- broadband loan and grant programs of retary for Rural Development: the Department of Agriculture (7 (1) Making and issuing notes to the U.S.C. 950bb–6). Secretary of the Treasury for the pur- (10) Administer responsibilities and poses of the Rural Development Insur- function assigned under the Defense ance Fund as authorized by the Con- Production Act of 1950, as amended (50 solidated Farm and Rural Development U.S.C. App. 2061 et seq.) and title VI of Act (7 U.S.C. 1929a). the Robert T. Stafford Disaster Relief (2) Administering loans for rural tele- and Emergency Assistance Act (42 phone facilities and service in rural U.S.C. 5195 et seq.), relating to rural de- areas as authorized by the Consoli- velopment credit and financial assist- dated Farm and Rural Development ance. Act (7 U.S.C. 1921 et seq.). (11) In coordination with the Federal Communications Commission, admin- [60 FR 56393, Nov. 8, 1995, as amended at 66 ister Section 12511 of the Agriculture FR 16593, Mar. 27, 2001; 68 FR 27443, May 20, Improvement Act of 2018 (Pub. L. 115– 2003; 74 FR 3407, Jan. 21, 2009; 75 FR 43380, July 23, 2010; 78 FR 40938, July 9, 2013; 79 FR 334) relating to the precision agri- 44113, July 30, 2014; 83 FR 22188, May 14, 2018; culture connectivity task force. 83 FR 61314, Nov. 29, 2018; 85 FR 65516, Oct. 15, ((12) [Reserved] 2020]

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§ 2.48 Administrator, Rural Business- (xiii) Section 384A et seq. (7 U.S.C. Cooperative Service. 2009cc et seq.) relating to the Rural (a) Delegations. Pursuant to Business Investment program. §§ 2.17(a)(1), (a)(2), (a)(14), (a)(16) (xiv) Section 385A et seq. (7 U.S.C. through (a)(19), and (a)(21), subject to 2009dd et seq.) relating to the Rural Col- reservations in § 2.17(b)(1), and subject laborative Investment Program. to policy guidance and direction by the (3) Administer Alcohol Fuels Credit Under Secretary for Rural Develop- Guarantee Program Account (Pub L. ment, the following delegations of au- No. 102–341, 106 Stat. 895). thority are made by the Under Sec- (4) [Reserved] retary for Rural Development to the (5) Administer loan programs in the Administrator, Rural Business-Cooper- Appalachian region under sections 203 ative Service: and 204 of the Appalachian Regional (1) Administer the rural economic de- Development Act of 1965 (40 U.S.C. App. velopment loan and grant programs 204). under the Rural Electrification Act (7 (6) Administer section 601 of the Pow- U.S.C. 940c and 950aa et seq.). erplant and Industrial Fuel Use Act of 1978 (Pub. L. No. 95–620). (2) Administer the following sections (7) Administer the Drought and Dis- of the Consolidated Farm and Rural aster Guaranteed Loan program under Development Act (7 U.S.C. 1921 et seq.): section 331 of the Disaster Assistance (i) Section 306(a)(11)(A) (7 U.S.C. Act of 1988 (7 U.S.C. 1929a note). 1926(a)(11)(A)), related grants for busi- (8) Administer the Disaster Assist- ness technical assistance and planning; ance for Rural Business Enterprises (ii) [Reserved] Guaranteed Loan Program under sec- (iii) Sections 309 (7 U.S.C. 1929) and tion 401 of the Disaster Assistance Act 309A (7 U.S.C. 1929a), relating to assets of 1989 (7 U.S.C. 1929a note). and programs related to rural develop- (9) Administer the Rural Economic ment; Development Demonstration Grant (iv) Section 310B (7 U.S.C. 1932), relat- Program (7 U.S.C. 2662a). ing to various Rural Development pro- (10) Administer the Economically grams, except for subsection (b) of that Disadvantaged Rural Community Loan section. program (7 U.S.C. 6616). (v) Section 310H (7 U.S.C. 1936b), re- (11) Administer programs authorized lating to an intermediary relending by the Cooperative Marketing Act of program. 1926 (7 U.S.C. 451–457). (vi) Administrative Provisions of sub- (12) Carry out the responsibilities of title D of the Consolidated Farm and the Secretary of Agriculture relating Rural Development Act relating to to the marketing aspects of coopera- Rural Business-Cooperative Service ac- tives, including economic research and tivities; analysis, the application of economic (vii) Section 378 (7 U.S.C., 2008m) re- research findings, technical assistance lating to the National Rural Develop- to existing and developing coopera- ment Partnership; and tives, education on cooperatives, and (viii) Section 379E (7 U.S.C. 2008s) re- statistical information pertaining to lating to the Rural Microentrepreneur cooperatives as authorized by the Agri- Assistance Program. cultural Marketing Act of 1946 (7 U.S.C. (ix) Section 379F (7 U.S.C. 2000t) re- 1621–1627). lating to the Expansion of Employment (13) Work with institutions and inter- Opportunities for Individuals with Dis- national organizations throughout the abilities in Rural Areas Program. world on subjects related to the devel- (x) Section 379G (7 U.S.C. 2008u) relat- opment and operation of agricultural ing to Health Care Services. cooperatives. Such work may be car- (xi) Section 382A et seq. (7 U.S.C. ried out by: 2009aa et seq.) relating to the Delta Re- (i) Exchanging materials and results gional Authority. with such institutions or organiza- (xii) Section 383A et seq. (7 U.S.C. tions; 2009bb et seq.) relating to the Northern (ii) Engaging in joint or coordinated Great Plains Regional Authority. activities; or

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(iii) Stationing representatives at extending their services effectively to such institutions or organizations in rural areas and in designating pilot foreign countries (7 U.S.C. 3291). projects in rural areas (7 U.S.C. 2204). (14) Collect, service, and liquidate (23) Conduct assessments to deter- loans made, insured, or guaranteed by mine how programs of the Department the Rural Business-Cooperative Service can be brought to bear on the economic or its predecessor agencies. development problems of a State or (15) In coordination with the Office of local area and assure that local groups Tribal Relations, provide technical as- are receiving adequate and effective sistance to improve access by Tribal technical assistance from Federal entities to rural development programs agencies or from local and State gov- funded by the Department of Agri- ernments in formulating development culture through available cooperative programs and in carrying out planned agreement authorities (7 U.S.C. 2671). development activities (7 U.S.C. 2204b). (16) Administer responsibilities and (24) Develop a process through which functions assigned under the Defense State, sub-state and local rural devel- Production Act of 1950, as amended (50 opment needs, goals, objectives, plans, U.S.C. App. 2061 et seq.), and title VI of and recommendations can be received the Robert T. Stafford Disaster Relief and assessed on a continuing basis (7 and Assistance Act (42 U.S.C. 5195 et U.S.C. 2204b). seq.), relating to rural development (25) Prepare local or area-wide rural credit and financial assistance. development strategies based on the (17)–(18) [Reserved] needs, goals, objectives, plans and rec- (19) Administer in rural areas the ommendations of local communities, process of designation, provision of sub-state areas and States (7 U.S.C. monitoring and oversight, and provi- 2204b). sion of technical assistance for Em- (26) Develop a system of outreach in powerment Zones and Enterprise Com- the State or local area to promote munities pursuant to section 13301 of rural development and provide for the Pub. L. No. 103–66, Omnibus Budget publication and dissemination of infor- Reconciliation Act of 1993 (26 U.S.C. mation, through multi-media methods, 1391 et seq.). relating to rural development. Advise (20) Provide leadership and coordina- local rural development organizations tion within the executive branch at the of availability of Federal programs and state and local level of Federal rural the type of assistance available, and development program utilizing the assist in making contact with Federal services of executive branch depart- program contact (7 U.S.C. 2204; 7 U.S.C. ments and agencies and the agencies, 2204b). bureaus, offices, and services of the De- (27) Administer the assets of the Al- partment of Agriculture in coordina- ternative Agricultural Research and tion with rural development programs Commercialization Corporation and of State and local governments (7 the funds in the Alternative Agricul- U.S.C. 2204). tural Research and Commercialization (21) Coordinate, at the state and local Fund in accordance with section 6201 of level, activities relative to rural devel- the Farm Security and Rural Invest- opment among agencies reporting to ment Act of 2000 (see note to 7 U.S.C. the Under Secretary for Rural Develop- 5901 (repealed)). ment and, through appropriate chan- (28) In coordination with the Admin- nels, serve as the coordinating agency istrator of the Agricultural Marketing for other departmental agencies having Service, administer the value-added primary responsibilities, in coordina- producer grants program and farmers’ tion with rural development programs markets and local food promotion pro- of State and local governments (7 gram (7 U.S.C. 1627c(d)(5)–(6)). U.S.C. 2204). (29) Administer the Agriculture Inno- (22) Work with Federal agencies in vation Center Demonstration program encouraging the creation of local rural (7 U.S.C. 1632b). community development organiza- (30) Administer the Renewable En- tions. Within a State, assist other Fed- ergy Systems and Energy Efficiency eral agencies in developing means for Improvements program (7 U.S.C. 8106).

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(30) Administer the renewable energy for Rural Developmentt, the following programs authorized in sections 9003, delegations of authority are made by 9004, 9005, 9007, and 9009 of the Farm Se- the Under Secretary for Rural Develop- curity and Rural Investment Act of ment to the Administrator, Rural 2002 (7 U.S.C. 8103, 8104, 8105, 8107, and Housing Service: 8109). (1) Administer the following under (31) Implement the information dis- the Consolidated Farm and Rural De- closure authorities of section velopment Act (7 U.S.C. 1921 et seq.): 1619(b)(3)(A) of the Food, Conservation, (i) Section 306 (7 U.S.C. 1926) except and Energy Act of 2008 (7 U.S.C. subsection 306(a)(11) and except financ- 8791(b)(3)(A)). ing for water and waste disposal facili- (32) In coordination with the Direc- ties; hazardous weather early warning tor, Office of Advocacy and Outreach, systems; grazing facilities; irrigation issue receipts under section 2501A(e) of and drainage facilities; rural elec- the Food, Agriculture, Conservation, trification or telephone systems or fa- and Trade Act of 1990 (7 U.S.C. 2279– cilities; and hydro-electric generating 1(e)). and related distribution systems and (33) Administer the Healthy Food Fi- supplemental and supporting struc- nancing Initiative under section 243 of tures if they are eligible for Rural Util- the Department of Agriculture Reorga- ities financing; nization Act of 1994 (7 U.S.C. 6953). (34) Administer section 6209 of the (ii) Section 309A (7 U.S.C. 1929a), re- Agricultural Act of 2014 (7 U.S.C. garding assets and programs relating 2207b), relating to the collection and to community facilities; and reporting of program metrics. (iii) Administrative Provisions of (35) Implementation of a program for subtitle D of the Consolidated Farm the Federal procurement of biobased and Rural Development Act relating to products and of a voluntary ‘‘USDA Rural Housing Service activities; Certified Biobased product’’ labeling (iv) Section 379 (7 U.S.C. 2008n) relat- program (7 U.S.C. 8102). ing to the Rural Telework program. (36) Entering into cooperative agree- (v) Section 379A (7 U.S.C. 2008o) relat- ments to further research programs in ing to the Historic Barn Preservation the food and agricultural sciences, re- program. lated to establishing and implementing (vi) Section 379C (7 U.S.C. 2008q) re- Federal biobased procurement and vol- lating to the Farm Workers Training untary biobased labeling programs (7 Grant program. U.S.C. 3318). (2) Administer title V of the Housing (b) Reservation. The following author- Act of 1949 (42 U.S.C. 1471 et seq.), ex- ity is reserved to the Under Secretary cept those functions pertaining to re- for Rural Development: Making and search. issuing notes to the Secretary of the (3) [Reserved] Treasury for the purposes of the Rural (4) Administer the rural housing dis- Development Insurance Fund as au- aster program under sections 232, 234, thorized by the Consolidated Farm and and 253 of the Disaster Relief Act of Rural Development Act (7 U.S.C. 1970 (Pub. L. No. 91–606). 1929a). (5) [Reserved] [60 FR 56393, Nov. 8, 1995, as amended at 66 (6) Exercise all authority and discre- FR 33107, June 11, 2001; 68 FR 27444, May 20, tion vested in the Secretary by section 2003; 73 FR 3407, Jan. 21, 2009; 75 FR 43380, July 23, 2010; 78 FR 40938, July 9, 2013; 79 FR 510(d) of the Housing Act of 1949, as 44114, July 30, 2014; 83 FR 61314, Nov. 29, 2018; amended by section 1045 of the Stewart 85 FR 65516, Oct. 15, 2020] B. McKinney Homeless Assistance Amendments Act of 1988, Pub. L. No. § 2.49 Administrator, Rural Housing 100–628 (42 U.S.C. 1480(d)), including the Service. following: (a) Delegations. Pursuant to (i) Determine, with the concurrence §§ 2.17(a)(14), (a)(16) through (a)(19) and of the General Counsel, which actions (a)(22), and subject to policy guidance are to be referred to the Department of and direction by the Under Secretary Justice for the conduct of litigation,

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and refer such actions to the Depart- and Trade Act of 1990 (7 U.S.C. 2279– ment of Justice through the General 1(e)). Counsel; (b) Reservation. The following author- (ii) Determine, with the concurrence ity is reserved to the Under Secretary of the General Counsel, which actions for Rural Development: Making and are to be referred to the General Coun- issuing notes to the Secretary of the sel for the conduct of litigation and Treasury for the purposes the Rural refer such actions; and Development Insurance Fund as au- (iii) Enter into contracts with pri- thorized by the Consolidated Farm and vate sector attorneys for the conduct Rural Development Act (7 U.S.C. of litigation, with the concurrence of 1929(a)) and the Rural Housing Insur- the General Counsel, after determining ance Fund as authorized by title V of that the attorneys will provide com- the Housing Act of 1949 (41 U.S.C. 1487). petent and cost effective representa- [60 FR 56393, Nov. 8, 1995, as amended at 66 tion for the Rural Housing Service and FR 16593, Mar. 27, 2001; 68 FR 27444, May 20, representation by the attorney will ei- 2003; 74 FR 3408, Jan. 21, 2009; 75 FR 43380, ther accelerate the process by which a July 23, 2010; 78 FR 40938, July 9, 2013; 79 FR family or person eligible for assistance 44114, July 30, 2014; 85 FR 65516, Oct. 15, 2020] under section 502 of the Housing Act of 1949 will be able to purchase and oc- Subpart H—Delegations of Author- cupy the housing involved, or preserve ity by the Under Secretary for the quality of the housing involved. Food Safety (7) In coordination with the Office of Tribal Relations, provide technical as- § 2.51 Deputy Under Secretary for sistance to improve access by Tribal Food Safety. entities to rural development programs Pursuant to § 2.18, and subject to pol- funded by the Department of Agri- icy guidance and direction by the culture through available cooperative Under Secretary, the following delega- agreement authorities (7 U.S.C. 2671). tion of authority is made by the Under (8) Administer responsibilities and Secretary for Food Safety to the Dep- function assigned under the Defense uty Under Secretary for Food Safety, Production Act of 1950, as amended (50 to be exercised only during the absence U.S.C. App. 2061 et seq.) and title VI of or unavailability of the Under Sec- the Robert T. Stafford Disaster Relief retary: Perform all the duties and exer- and Emergency Assistance Act (42 cise all the powers which are now or U.S.C. 5195 et seq.), relating to rural which may hereafter be delegated to housing and community development the Under Secretary for Food Safety: credit and financial assistance. Provided, that this authority shall be (9) In consultation with the Depart- exercised first by a career Deputy ment of Justice, Secretary of Housing Under Secretary in the order in which and Urban Development, and Secretary he or she has taken office as Deputy of Health and Human Services, admin- Under Secretary, and second by a non- ister the emergency and transitional career Deputy Under Secretary in the pet shelter and housing assistance order in which he or she has taken of- grant program (34 U.S.C. 20127). fice as Deputy Under Secretary. (10) [Reserved] [80 FR 58338, Sept. 29, 2015] (11) Administer the Rural Fire- fighters and Emergency Personnel § 2.53 Administrator, Food Safety and Grant program (7 U.S.C. 2655). Inspection Service. (12) Implement the information dis- (a) Delegations. Pursuant to § 2.18, the closure authorities of section following delegations of authority are 1619(b)(3)(A) of the Food, Conservation, made by the Under Secretary for Food and Energy Act of 2008 (7 U.S.C. Safety to the Administrator, Food 8791(b)(3)(A)). Safety and Inspection Service: (13) In coordination with the Direc- (1) Exercise the functions of the Sec- tor, Office of Advocacy and Outreach, retary of Agriculture contained in the issue receipts under section 2501A(e) of Agricultural Marketing Act of 1946, as the Food, Agriculture, Conservation, amended (7 U.S.C. 1621–1627), relating

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to voluntary inspection of poultry and (ii) Sections 104(e)–(h) of the Act (42 edible products thereof; voluntary in- U.S.C. 9604(e)–(h)), with respect to in- spection and certification of technical formation gathering and access re- animal fat; certified products for dogs, quests and orders; compliance with cats and other carnivora; voluntary in- Federal health and safety standards spection of rabbits and edible products and wage and labor standards applica- thereof; and voluntary inspection and ble to covered work; and emergency certification of edible meat and other procurement powers; products. (iii) Section 104(i)(11) of the Act (42 (2) Exercise the functions of the Sec- U.S.C. 9604(i)(11)), with respect to the retary of Agriculture contained in the reduction of exposure to significant following legislation: risk to human health; (i) Poultry Products Inspection Act, (iv) Section 104(j) of the Act (42 as amended (21 U.S.C. 451–470, 472); U.S.C. 9604(j)), with respect to the ac- (ii) Federal Meat Inspection Act, as quisition of real property and interests amended, and related legislation, ex- in real property required to conduct a cluding so much of section 18 as per- remedial action; tains to issuance of certificates of con- (v) The first two sentences of section dition of live animals intended and of- 105(d) of the Act (42 U.S.C. 9605(d)), fered for export (21 U.S.C. 601–613, 615– with respect to petitions for prelimi- nary assessment of a release or threat- 624, 641–645, 661, 671–680, 683, 691–692, 694– ened release; 695); (vi) Section 105(f) of the Act (42 (iii) Egg Products Inspection Act, ex- U.S.C. 9605(f)), with respect to consider- cept for the shell egg surveillance pro- ation of the availability of qualified gram, voluntary laboratory analyses of minority firms in awarding contracts, egg products, and the voluntary egg but excluding that portion of section grading program (21 U.S.C. 1031–1056); 105(f) pertaining to the annual report (iv) Talmadge-Aiken Act (7 U.S.C. to Congress; 450) with respect to cooperation with (vii) Section 109 of the Act (42 U.S.C. States in administration of the Federal 9609), with respect to the assessment of Meat Inspection Act and the Poultry civil penalties for violations of section Products Inspection Act; 122 of the Act (42 U.S.C. 9622), and the (v) Humane Slaughter Act (7 U.S.C. granting of awards to individuals pro- 1901–1906); and viding information; (vi) Defense Production Act of 1950, (viii) Section 111(f) of the Act (42 as amended (50 U.S.C. App. 2061 et seq.), U.S.C. 9611(f)), with respect to the des- and title VI of the Robert T. Stafford ignation of officials who may obligate Disaster Relief and Emergency Assist- money in the Hazardous Substances ance Act (42 U.S.C. 5195 et seq.), relat- Superfund; ing to wholesomeness of meat and (ix) Section 113(k) of the Act (42 poultry and products thereof and in- U.S.C. 9613(k)), with respect to estab- spection of egg and egg products. lishing an administrative record upon (3) With respect to land and facilities which to base the selection of a re- under his or her authority, exercise the sponse action and identifying and noti- functions delegated to the Secretary by fying potentially responsible parties; Executive Order 12580, 3 CFR, 1987 (x) Section 116(a) of the Act (42 U.S.C. Comp., p. 193, under the following pro- 9616(a)), with respect to preliminary as- visions of the Comprehensive Environ- sessment and site inspection of facili- mental Response, Compensation, and ties; Liability Act of 1980 (‘‘the Act’’), as (xi) Sections 117 (a) and (c) of the Act amended: (42 U.S.C. 9617 (a) and (c)), with respect (i) Sections 104 (a), (b), and (c)(4) of to public participation in the prepara- the Act (42 U.S.C. 9604 (a), (b), and tion of any plan for remedial action (c)(4)), with respect to removal and re- and explanation of variances from the medial actions in the event of release final remedial action plan for any re- or threatened release of a hazardous medial action or enforcement action, substance, pollutant, or contaminant including any settlement or consent into the environment; decree entered into;

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(xii) Section 119 of the Act (42 U.S.C. (6) Administer and conduct a food 9119), with respect to indemnifying re- safety research program (7 U.S.C. 427). sponse action contractors; (7) Coordinate with the Animal and (xiii) Section 121 of the Act (42 U.S.C. Plant Health Inspection Service the ad- 9621), with respect to cleanup stand- ministration of programs relating to ards; and human pathogen reduction (such as sal- (xiv) Section 122 of the Act (42 U.S.C. monella enteritidis) pursuant to section 9622), with respect to settlements, but 2 of the Act of February 2, 1903, as excluding section 122(b)(1) of the Act amended (21 U.S.C. 111), and sections 4 (42 U.S.C. 9622(b)(1)), related to mixed and 5 of the Act of May 29, 1884, as funding agreements. amended (21 U.S.C. 120). (4) With respect to facilities and ac- (8) Enter into contracts, grants, or tivities under his or her authority, to cooperative agreements to further re- exercise the authority of the Secretary search programs in the agricultural of Agriculture pursuant to section 1– sciences (7 U.S.C. 3318). 102 related to compliance with applica- (9) Conduct an education program re- ble pollution control standards and sec- garding the availability and safety of tion 1–601 of Executive Order 12088, 3 processes and treatments that elimi- CFR, 1978 Comp., p. 243, to enter into nate or substantially reduce the level an inter-agency agreement with the of pathogens on meat, meat food prod- United States Environmental Protec- ucts, poultry, and poultry products (21 tion Agency, or an administrative con- U.S.C. 679b). sent order or a consent judgment in an (b) [Reserved] appropriate State, interstate, or local agency, containing a plan and schedule [60 FR 56393, Nov. 8, 1995, as amended at 68 FR 27444, May 20, 2003; 74 FR 3408, Jan. 21, to achieve and maintain compliance 2009] with applicable pollution control standards established pursuant to the following: Subpart I—Delegations of Author- (i) Solid Waste Disposal Act, as ity by the Under Secretary for amended by the Resource Conservation Food, Nutrition, and Con- and Recovery Act, as further amended sumer Services by the Hazardous and Solid Waste Amendments, and the Federal Facility § 2.55 Deputy Under Secretary for Compliance Act (42 U.S.C. 6901 et seq.); Food, Nutrition, and Consumer (ii) Federal Water Pollution Preven- Services. tion and Control Act, as amended (33 Pursuant to § 2.19(a), subject to res- U.S.C. 1251 et seq.); ervations in § 2.19(b), and subject to (iii) Safe Drinking Water Act, as policy guidance and direction by the amended (42 U.S.C. 300f et seq.); Under Secretary, the following delega- (iv) Clean Air Act, as amended (42 tion of authority is made by the Under U.S.C. 7401 et seq.); Secretary for Food, Nutrition, and (v) Noise Control Act of 1972, as Consumer Services to the Deputy amended (42 U.S.C. 4901 et seq.); Under Secretary for Food, Nutrition (vi) Toxic Substances Control Act, as and Consumer Services, to be exercised amended (15 U.S.C. 2601 et seq.); only during the absence or unavail- (vii) Federal Insecticide, Fungicide, ability of the Under Secretary: Per- and Rodenticide Act, as amended (7 form all the duties and exercise all the U.S.C. 136 et seq.); and powers which are now or which may (viii) Comprehensive Environmental hereafter be delegated to the Under Response, Compensation, and Liability Secretary for Food, Nutrition, and Act of 1980, as amended by the Super- Consumer Services. fund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.). § 2.57 Administrator, Food and Nutri- (5) Administer the National Labora- tion Service. tory Accreditation Program (7 U.S.C. (a) Delegations. Pursuant to 138–138i) with respect to laboratories § 2.19(a)(1), (a)(2) and (a)(5), subject to accredited only for pesticide residue reservations in § 2.91(b), the following analysis in meat and poultry products. delegations of authority are made by

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the Under Secretary for Food, Nutri- quantities thereof, to become available tion, and Consumer Services to the Ad- for distribution thereunder; ministrator, Food and Nutrition Serv- (ii) Section 709 of the Food and Agri- ice: culture Act of 1965, as amended (7 (1) Administer the following legisla- U.S.C. 1446a–1); tion: (iii) Section 32 of the Act of August (i) The Food and Nutrition Act of 24, 1935, as amended (7 U.S.C. 612c), as 2008, as amended (7 U.S.C. 2011–2036), supplemented by the Act of June 28, except for section 25, regarding assist- 1937 (15 U.S.C. 713c), and related legisla- ance for community food projects. tion; (ii) Richard B. Russell National (iv) Section 9 of the Act of September School Lunch Act, as amended (42 6, 1958 (7 U.S.C. 1431b); U.S.C. 1751–1769i), except procurement (v) Section 210 of the Agricultural of agricultural commodities and other Act of 1956 (7 U.S.C. 1859), except with foods under section 6 thereof. respect to donations to Federal penal (iii) Child Nutrition Act of 1966, as and correctional institutions; amended (42 U.S.C. 1771–1790). (vi) [Reserved] (iv) Sections 933–939 of the Food, Ag- (vii) Section 311 of the Older Ameri- riculture, Conservation, and Trade Act cans Act of 1965, as amended (42 U.S.C. Amendments of 1991 (7 U.S.C. 5930 3030a); note). (viii) Sections 412 and 413(b) of the (v) Section 301 of the Healthy Meals Robert T. Stafford Disaster Relief and for Healthy Americans Act of 1994 Emergency Assistance Act (42 U.S.C. (Pub. L. 103–448). 5179, 5180(b)); (vi) Section 4402 of the Farm Secu- (ix) Sections 4 and 5 of the Agri- rity and Rural Investment Act of 2002 culture and Consumer Protection Act (7 U.S.C. 3007). of 1973, as amended (7 U.S.C. 612c note); (vii) Section 4403 of the Farm Secu- (x) Section 1114 of the Agriculture rity and Rural Investment Act of 2002 and Food Act of 1981, as amended (7 (7 U.S.C. 3171 note). U.S.C. 1431e); (viii) Section 4404 of the Farm Secu- (xi) Section 1336 of the Agriculture rity and Rural Investment Act of 2002 and Food Act of 1981 (Pub. L. No. 97–98); (2 U.S.C. 1161). (xii) Emergency Food Assistance Act (ix) Section 4142 of the Food, Con- of 1983, as amended (7 U.S.C. 7501 et servation, and Energy Act of 2008 (Pub. seq.); L. 110–246). (xiii) Sections 3(b)–(i), 3A and 4 of the (x) Section 4301 of the Food, Con- Commodity Distribution Reform Act servation, and Energy Act of 2008 (42 and WIC Amendments of 1987 (7 U.S.C. U.S.C. 1758a). 612c note); and (xi) Section 4305 of the Food, Con- (xiv) Section 110 of the Hunger Pre- servation, and Energy Act of 2008 (42 vention Act of 1988 (7 U.S.C. 612c note). U.S.C. 1755a). (3) Administer those functions relat- (xii) Section 4307 of the Food, Con- ing to the distribution of supplemental servation, and Energy Act of 2008 (Pub. nutrition assistance program benefits L. 110–246). under section 412 of the Robert T. Staf- (xiii) Section 4208 of the Agriculture ford Disaster Relief and Emergency As- Improvement Act of 2018 (7 U.S.C. sistance Act (42 U.S.C. 5179). 2026a). (4) In connection with the functions (xiv) Section 12614 of the Agriculture assigned in paragraphs (a)(1), (a)(2), and Improvement Act of 2018 (7 U.S.C. 6925). (a)(3) of this section, relating to the (2) Administer those functions relat- distribution and donation of agricul- ing to the distribution and donation of tural commodities and products there- agricultural commodities and products of and supplemental nutrition assist- thereof under the following legislation: ance program benefits to eligible re- (i) Clause (3) of section 416(a) of the cipients, authority to determine the re- Agricultural Act of 1949, as amended (7 quirements for such agricultural com- U.S.C. 1431(a)), except the estimate and modities and products thereof and sup- announcement of the types and vari- plemental nutrition assistance pro- eties of food commodities, and the gram benefits to be so distributed.

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(5) Receive donation of food commod- (ii) Section 4031, relating to a Com- ities under clause (3) of section 416(a) of monwealth of the Northern Mariana Is- the Agricultural Act of 1949, as amend- lands pilot program regarding the Sup- ed, section 709 of the Food and Agri- plemental Nutrition Assistance Pro- culture Act of 1965, as amended, section gram (48 U.S.C. 1841 note). 5 of the Agriculture and Consumer Pro- (iii) Section 4032, relating to annual tection Act of 1973, section 1114(a) of State reporting on verification of Sup- the Agriculture and Food Act of 1981, plemental Nutrition Assistance Pro- and section 202(a) and 202A of the gram participation (7 U.S.C. 2036c). Emergency Food Assistance Act of (iv) Section 4033, relating to service 1983. of traditional foods in public facilities (6) Authorize defense emergency sup- (25 U.S.C. 443d). plemental nutrition assistance pro- (v) Section 4214, relating to a pilot gram benefits. project for canned, frozen, or dried (7) Develop and implement USDA fruits and vegetables as part of the policy and procedural guidelines for Fresh Fruit and Vegetable Program carrying out the Department’s Con- under the Richard B. Russell National sumer Affairs Plan. School Lunch Act (42 U.S.C. 1769a note). (8) Advise the Secretary and other (16) Administer section 301 of the Na- policy level officials of the Department tional Nutrition Monitoring and Re- on consumer affairs policies and pro- lated Research Act of 1990, relating to grams. the Dietary Guidelines for Americans (9) Coordinate USDA consumer af- (7 U.S.C. 5341). fairs activities and monitor and ana- (b) [Reserved] lyze agency procedures and perform- ance. [60 FR 56393, Nov. 8, 1995, as amended at 63 FR 35787, July 1, 1998; 68 FR 27444, May 20, (10) Represent the Department at 2003; 74 FR 3408, Jan. 21, 2009; 79 FR 44114, conferences, meetings and other con- July 30, 2014; 85 FR 65516, Oct. 15, 2020] tacts where consumer affairs issues are discussed, including liaison with the Subpart J—Delegations of Author- White House and other governmental agencies and departments. ity by the Under Secretary for (11) Work with the Office of Budget Natural Resources and Envi- and Program Analysis and the Office of ronment Communications to ensure coordina- tion of USDA consumer affairs and EDITORIAL NOTE: Nomenclature changes to public participation programs, policies subpart J of part 2 appear at 60 FR 66713, and information, and to prevent dupli- Dec. 26, 1995. cation of responsibilities. § 2.59 Deputy Under Secretaries for (12) Serve as a consumer ombudsman Natural Resources and Environ- and communication link between con- ment. sumers and the Department. Pursuant to § 2.20(a), subject to res- (13) Approve the designation of agen- ervations in § 2.20(b), and subject to cy Consumer Affairs Contacts. policy guidance and direction by the (14) Administer those functions under Under Secretary, the following delega- title IV of the Personal Responsibility tion of authority is made by the Under and Work Opportunity Reconciliation Secretary for Natural Resources and Act of 1996 (8 U.S.C. 1612) relating to Environment to the Deputy Under Sec- the eligibility of aliens for benefits retaries for Natural Resources and En- under the domestic food assistance pro- vironment, to be exercised only during grams. the absence or unavailability of the (15) Administer the following provi- Under Secretary: Perform all the du- sions of the Agricultural Act of 2014, ties and exercise all the powers which Public Law 113–79: are now or which may hereafter be del- (i) Section 4004(b), relating to a dem- egated to the Under Secretary for Nat- onstration project regarding the Food ural Resources and Environment. Pro- Distribution Program on Indian Res- vided, that, except in the absence of ervations (7 U.S.C. 2013 note). both the Under Secretary and a Deputy

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Under Secretary, this authority shall Cong., 70 Stat. 632) is limited to acqui- be exercised by the respective Deputy sitions of less than $250,000 in value. Under Secretary only with respect to (4) As necessary for administrative the area or responsibility assigned to purposes, divide into and designate as him or her. national forests any lands of 3,000 acres or less which are acquired under or § 2.60 Chief, Forest Service. subject to the Weeks Act of March 1, (a) Delegations. Pursuant to 1911, as amended, and which are contig- § 2.20(a)(1), (2), and (6), (a)(7)(ii), and uous to existing national forest bound- (a)(8), the following delegations of au- aries established under the authority thority are made by the Under Sec- of the Weeks Act. retary for Natural Resources and Envi- (5) Plan and administer wildlife and ronment to the Chief of the Forest fish conservation rehabilitation and Service: habitat management programs on Na- (1) Provide national leadership in for- tional Forest System lands, pursuant estry. (As used here and elsewhere in to 16 U.S.C. 670g, 670h, and 670. this section, the term ‘‘forestry’’ en- (6) For the purposes of the National compasses renewable and nonrenewable Forests System Drug Control Act of resources of forests, including lands 1986 (16 U.S.C. 559b 559g), specifically governed by the Alaska National Inter- designate certain specially trained offi- est Lands Conservation Act, forest-re- cers and employees of the Forest Serv- lated rangeland, grassland, brushland, ice, not exceeding 500, to have author- woodland, and alpine areas including ity in the performance of their duties but not limited to recreation, range, within the boundaries of the National timber, minerals, watershed, wildlife Forest System: and fish; natural scenic, scientific, cul- (i) To carry firearms; tural, and historic values of forests and (ii) To enforce and conduct investiga- related lands; and derivative values tions of violations of section 401 of the such as economic strength and social Controlled Substance Act (21 U.S.C. well-being). 841) and other criminal violations re- (2) Protect, manage, and administer lating to marijuana and other con- the national forests, national forest trolled substances that are manufac- purchase units, national grasslands, tured, distributed, or dispensed on Na- and other lands and interests in lands tional Forest System lands; administered by the Forest Service, (iii) To make arrests with a warrant which collectively are designated as or process for misdemeanor violations, the National Forest System. or without a warrant for violations of (3) Acquire, dispose, and lease lands such misdemeanors that any such offi- and interest in lands as may be author- cer or employee has probable cause to ized for the protection, management, believe are being committed in that and administration of the National employee’s presence or view, or for a Forest System, except that the author- felony with a warrant or without a ity to approve acquisition of land warrant if that employee has probable under the Weeks Act of March 1, 1911, cause to believe that the person being as amended, and special forest receipts arrested has committed or is commit- acts (Pub. L. No. 337, 74th Cong., 49 ting such a felony; Stat. 866, as amended by Pub. L. 310, (iv) To serve warrants and other 78th Cong., 58 Stat. 227; Pub. L. 505, process issued by a court or officer of 75th Cong., 52 Stat. 347, as amended by competent jurisdiction; Pub. L. 310, 78th Cong., 58 Stat. 227; (v) To search, with or without a war- Pub. L. 634, 75th Cong., 52 Stat. 699, as rant or process, any person, place, or amended by Pub. L. 310, 78th Cong., 58 conveyance according to Federal law or Stat. 227; Pub. L. No. 748, 75th Cong., 52 rule of law; and Stat. 1205, as amended by Pub. L. 310, (vi) To seize, with or without warrant 78th Cong., 58 Stat. 227; Pub. L. 427, or process, any evidentiary item ac- 76th Cong., 54 Stat. 46; Pub. L. 589, 76th cording to Federal law or rule of law. Cong., 54 Stat. 297; Pub. L. 591, 76th (7) Cooperate with the law enforce- Cong., 54 Stat. 299; Pub. L. 637, 76th ment officials of any Federal agency, Cong., 54 Stat. 402; Pub. L. 781, 84th State, or political subdivision, in the

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investigation of violations of, and en- (15) 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 (16) Enter into cost-reimbursable ordinances, within the boundaries of agreements relating to agricultural re- the National Forest System. search, extension, or teaching activi- (8) Administer programs under sec- ties (7 U.S.C. 3319a). tion 23 of the Federal Highway Act (23 (17) 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)–(c), 205(a)–(d), 211, tion, conservation, and multiple re- 317, 401). source management of forests and re- (9) 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 relate to management of the National tries (16 U.S.C. 2101–2114). Forest System. (18) Provide assistance to States and (10) Conduct, support, and cooperate other units of government in forest re- in investigations, experiments, tests, sources planning and forestry rural re- and other activities deemed necessary vitalization (7 U.S.C. 6601, 6611–6617; 16 to obtain, analyze, develop, dem- U.S.C. 2107). onstrate, and disseminate scientific in- (19) Conduct a program of technology formation about protecting, managing, implementation for State forestry per- and utilizing forest and rangeland re- sonnel, private forest landowners and newable resources in rural, suburban, managers, vendors, forest operators, and urban areas in the United States public agencies, and individuals (16 and foreign countries. The activities U.S.C. 2107). conducted, supported, or cooperated in (20) Administer rural fire protection shall include, but not be limited to: Re- and control program (16 U.S.C. 2106c). newable resource management re- (21) Provide technical assistance on search; renewable resource environ- forestry technology or the implemen- mental research; renewable resource tation of the conservation reserve and protection research, renewable re- softwood timber programs authorized source utilization research, and renew- in sections 1231–1244 and 1254 of the able resource assessment research (16 Food Security Act of 1985 (16 U.S.C. U.S.C. 1641–1647). 3831–3844; 7 U.S.C. 1981 note). (11) Use authorities and means avail- (22) Administer forest insect, disease, able to disseminate the knowledge and and other pest management programs technology developed from forestry re- (16 U.S.C. 2104). search (16 U.S.C. 1645). (23) Exercise the custodial functions (12) Coordinate activities with other of the Secretary for lands and interests agencies in USDA, other Federal and in lands under lease or contract of sale State agencies, forestry schools, and to States and local agencies pursuant private entities and individuals (16 U.S.C. 1643). to title III of the Bankhead–Jones (13) Enter into contracts, grants, and Farm Tenant Act and administer re- cooperative agreements for the support served and reversionary interests in of scientific research in forestry activi- lands conveyed under that Act (7 ties (7 U.S.C. 3105, 1624; 16 U.S.C. 582a– U.S.C. 1010–1013a). 8, 1643–1645, 1649). (24) Under such general program cri- (14) Enter into cooperative research teria and procedures as may be estab- and development agreements with in- lished by the Natural Resources Con- dustry, universities, and others; insti- servation Service: tute a cash award program to reward (i) Administer the forestry aspects of scientific, engineering, and technical the programs listed in paragraphs personnel; award royalties to inven- (a)(24)(i)(A) through (C) of this section tors; and retain and use royalty income on the National Forest System, range- (15 U.S.C. 3710a–3710c). lands with national forest boundaries,

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adjacent rangelands which are admin- Subcommittee of the National Tele- istered under formal agreement, and communications and Information Ad- other forest lands: ministration, Department of Com- (A) The cooperative river basin sur- merce; veys and investigations program (16 (ii) Establishing policies, standards, U.S.C. 1006); and procedures for allotting and as- (B) The eleven authorized watershed signing frequencies within USDA and improvement programs and emergency for obtaining effective utilization of flood prevention measures program them; under the Flood Control Act of 1944 (iii) Providing licensing action nec- (Pub. L. 78–534); essary to assign radio frequencies for (C) The small watershed protection use by the agencies of USDA and main- program under the Pilot Watershed tenance of the records necessary in Protection and Watershed Protection connection therewith; and and Flood Prevention Acts (7 U.S.C. (iv) Providing inspection of USDA’s 701a–h; 16 U.S.C. 1001–1009). radio operations to ensure compliance (ii) Exercise responsibility in connec- with national and international regula- tion with the forestry aspects of the re- tions and policies for radio frequency source conservation and development use. program authorized by title III of the (29) Represent USDA in all matters Bankhead–Jones Farm Tenant Act (7 relating to responsibilities and au- U.S.C. 1011(e)). thorities under the Federal Power Act (25) Provide assistance to the Farm (16 U.S.C. 791a–823). Service Agency in connection with the (30) Administer the Youth Conserva- agricultural conservation program, the tion Corps Act (16 U.S.C. 1701–1706)) for naval stores conservation program, and USDA. the cropland conversion program (16 (31) Establish and operate the Job U.S.C. 590g–q). Corps Civilian Conservation Centers on (26) Provide assistance to the Rural National Forest System lands as au- Housing Service in connection with thorized by title I, sections 106 and 107 grants and loans under authority of of the Economic Opportunity Act of section 303 of the Consolidated Farm 1964 (42 U.S.C. 2716), in accordance with and Rural Development Act, 7 U.S.C. the terms of an agreement dated May 1923; 11, 1967, between the Secretary of Agri- (27) Coordinate mapping work of culture and the Secretary of Labor; USDA including: and administration of other coopera- (i) Clearing mapping projects to pre- tive manpower training and work expe- vent duplication; rience programs where the Forest Serv- (ii) Keeping a record of mapping done ice serves as host or prime sponsor by USDA agencies; with other Departments of Federal, (iii) Preparing and submitting re- State, or local governments. quired USDA reports; (32) Administer the Volunteers in the (iv) Serving as liaison on mapping National Forests Act of 1972 (16 U.S.C. with the Office of Management and 558a–558d, 558a note). Budget, Department of the Interior, (33) Exercise the functions of the Sec- and other departments and establish- retary of Agriculture authorized in the ments; Alaska National Interest Lands Con- (v) Promoting interchange of tech- servation Act (16 U.S.C. 3101–3215). nical mapping information, including (34) Administer responsibilities and techniques which may reduce costs or functions assigned under the Defense improve quality; and Production Act of 1950, as amended (50 (vi) Maintaining the mapping records U.S.C. 4501 et seq.), and title VI of the formerly maintained by the Office of Robert T. Stafford Disaster Relief and Operations. Emergency Assistance Act (42 U.S.C. (28) Administer the radio frequency 5121 et seq.), relating to forests and for- licensing work of USDA, including: est products, rural fire defense, and for- (i) Representing USDA on the Inter- estry research. departmental Radio Advisory Com- (35) Represent USDA on Regional Re- mittee and its Frequency Assignment sponse Teams on hazardous spills and

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oil spills pursuant to the Comprehen- medial actions in the event of release sive Environmental Response, Com- or threatened release of a hazardous pensation, and Liability Act, as amend- substance, pollutant, or contaminant ed (42 U.S.C. 9601 et seq.), the Clean into the environment; Water Act, as amended (33 U.S.C. 1251 (ii) Sections 104 (e)–(h) of the Act (42 et seq.), the Oil Pollution Act (OPA), as U.S.C. 9604 (e)–(h)), with respect to in- amended (33 U.S.C. 2701 et seq.), Execu- formation gathering and access re- tive Order 12580, 3 CFR, 1987 Comp., p. quests and orders; compliance with 193, Executive Order 12777, 3 CFR, 1991 Federal health and safety standards Comp., p. 351, and the National Contin- and wage and labor standards applica- gency Plan, 40 CFR part 300. ble to covered work; and emergency (36) Exercise the functions of the Sec- procurement powers; retary as authorized in the Wild and (iii) Section 104(i)(11) of the Act (42 Scenic Rivers Act (16 U.S.C. 1271–1287, U.S.C. 9604(i)(11)), with respect to the except for making recommendations to reduction of exposure to significant the President regarding additions to risk to human health; the National Wild and Scenic Rivers (iv) Section 104(j) of the Act (42 System. U.S.C. 9604(j)), with respect to the ac- (37) Issue proposed rules relating to quisition of real property and interests the authorities delegated in this sec- in real property required to conduct a tion, issue final rules and regulations remedial action; as provided in 36 CFR 261.70, issue tech- (v) The first two sentences of section nical amendments and corrections to 105(d) of the Act (42 U.S.C. 9605(d)), final rules issued by the Secretary or with respect to petitions for prelimi- Under Secretary for Natural Resources nary assessment of a release or threat- and Environment, and issue proposed ened release; and final rules necessary and appro- priate to carry out title VIII of the (vi) Section 105(f) of the Act (42 Alaska National Interest Lands Con- U.S.C. 9605(f)), with respect to consider- servation Act (16 U.S.C. 3101–3215) with ation of the availability of qualified regard to National Forest System minority firms in awarding contracts, Lands. but excluding that portion of section (38) Jointly administer gypsy moth 105(f) of the Act pertaining to the an- eradication activities with the Animal nual report to Congress; and Plant Health Inspection Service, (vii) Section 109 of the Act (42 U.S.C. under the authority of section 102 of 9609), with respect to the assessment of the Organic Act of 1944, as amended; civil penalties for violations of section and the Act of April 6, 1937, as amended 122 of the Act (42 U.S.C. 9622), and the (7 U.S.C. 7759, 148, 148a–148e); and the granting of awards to individuals pro- Talmadge Aiken Act (7 U.S.C. 1633), by viding information; assuming primary responsibility for (viii) Section 111(f) of the Act (42 treating isolated gypsy moth infesta- U.S.C. 9611(f)), with respect to the des- tions on Federal lands, and on State ignation of officials who may obligate and private lands contiguous to in- money in the Hazardous Substances fested Federal lands, and any other in- Superfund; festations over 640 acres on State and (ix) Section 113(g) of the Act (42 private lands. U.S.C. 9613(g)), with respect to receiv- (39) With respect to land and facili- ing notification of a natural resource ties under his or her authority, to exer- trustee’s intent to file suit; cise the functions delegated to the Sec- (x) Section 113(k) of the Act (42 retary by Executive Order 12580, 3 CFR, U.S.C. 9613(k)), with respect to estab- 1987 Comp., p. 193, under the following lishing an administrative record upon provisions of the Comprehensive Envi- which to base the selection of a re- ronmental Response, Compensation, sponse action and identifying and noti- and Liability Act of 1980 (‘‘the Act’’), fying potentially responsible parties; as amended: (xi) Section 116(a) of the Act (42 (i) Sections 104(a), (b), and (c)(4) of U.S.C. 9616(a)), with respect to prelimi- the Act (42 U.S.C. 9604 (a), (b), and nary assessment and site inspection of (c)(4)), with respect to removal and re- facilities;

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(xii) Section 117(a) and (c) of the Act (vi) Toxic Substances Control Act, as (42 U.S.C. 9617(a) and (c)), with respect amended, (15 U.S.C. 2601 et seq.); to public participation in the prepara- (vii) Federal Insecticide, Fungicide, tion of any plan for remedial action and Rodenticide Act, as amended (7 and explanation of variances from the U.S.C. 136 et seq.); and final remedial action plan for any re- (viii) Comprehensive Environmental medial action or enforcement action, Response, Compensation, and Liability including any settlement or consent Act of 1980, as amended by the Super- decree entered into; fund Amendments and Reauthorization (xiii) Section 119 of the Act (42 U.S.C. Act of 1986 (42 U.S.C. 9601 et seq.). 9619), with respect to indemnifying re- (42) With respect to land and facili- sponse action contractors; ties under his or her authority, exer- (xiv) Section 121 of the Act (42 U.S.C. cise the functions delegated to the Sec- 9621), with respect to cleanup stand- retary by Executive Order 12580, 3 CFR, ards; and 1987 Comp., p. 193, and Executive Order (xv) Section 122 of the Act (42 U.S.C. 12777, 3 CFR, 1991 Comp., p. 351, to act 9622), with respect to settlements, but as Federal trustee for natural re- excluding section 122(b)(1) of the Act sources in accordance with section (42 U.S.C. 9622(b)(1)), related to mixed 107(f) of the Comprehensive Environ- funding agreements. mental Response, Compensation, and (40) Exercise the functions of the Sec- Liability Act of 1980 (42 U.S.C. 9607(f)), retary authorized in the Federal On- section 311(f)(5) of the Federal Water shore Oil and Gas Leasing Reform Act Pollution Control Act (33 U.S.C. of 1987 (30 U.S.C. 226 et seq.). 1321(f)(5)), and section 1006(b)(2) of the (41) With respect to facilities and ac- Oil Pollution Act of 1990 (33 U.S.C. tivities under his or her authority, to 2706(b)(2)). exercise the authority of the Secretary (43) With respect to land and facili- of Agriculture pursuant to section 1– ties under his or her authority, to exer- 102 related to compliance with applica- ble pollution control standards and sec- cise the authority vested in the Sec- tion 1–601 of Executive Order 12088, 3 retary of Agriculture to act as the CFR, 1978 Comp., p. 243, to enter into ‘‘Federal Land Manager’’ pursuant to an inter-agency agreement with the the Clean Air Act, as amended, 42 United States Environmental Protec- U.S.C. 7401 et seq. tion Agency, or an administrative con- (44) Administer the Public Lands sent order or a consent judgment in an Corps program (16 U.S.C. 1721 et seq.) appropriate United States District for USDA consistent with the Depart- Court with an appropriate State, inter- ment’s overall national service pro- state, or local agency, containing a gram. plan and schedule to achieve and main- (45) [Reserved] tain compliance with applicable pollu- (46) Focusing on countries that could tion control standards established pur- have a substantial impact on global suant to the following: warming, provide assistance that pro- (i) Solid Waste Disposal Act, as motes sustainable development and amended by the Resource Conservation global environmental stability; share and Recovery Act, the Hazardous and technical, managerial, extension, and Solid Waste Amendment, and the Fed- administrative skills; provide edu- eral Facility Compliance Act (42 U.S.C. cation and training opportunities; en- 6901 et seq.); gage in scientific exchange; and co- (ii) Federal Water Pollution Preven- operate with domestic and inter- tion and Control Act, as amended (33 national organizations that further U.S.C. 1251 et seq.); international programs for the man- (iii) Safe Drinking Water Act, as agement and protection of forests, amended (42 U.S.C. 300f et seq.); rangelands, wildlife, fisheries and re- (iv) Clean Air Act, as amended (42 lated natural resources (16 U.S.C. 4501– U.S.C. 7401 et seq.); 4505). (v) Noise Control Act of 1972, as (47) Exercise the functions of the Sec- amended (42 U.S.C. 4901 et seq.); retary of Agriculture authorized in

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Title V of the Department of the Inte- (56) Administer Good Neighbor con- rior and Related Agencies Appropria- tracts and cooperative agreements tions Act of 1998, Public Law 105–83, re- with a State to carry out forest, range- lating to the acquisition so the New land, and watershed restoration serv- World Mines and other priority land ices on National Forest System lands acquisitions, land exchanges, and other (16 U.S.C. 2113a). activities. (57) Utilize the Agriculture Conserva- (48) Establish programs with any bu- tion Experienced Services (ACES) Pro- reau of the U.S. Department of the In- gram (16 U.S.C. 3851) to provide tech- terior (DOI), or with other agencies nical services for conservation-related within USDA, in support of the Service programs and authorities carried out First initiative for the purpose of pro- on National Forest System lands (16 moting customer service and effi- U.S.C. 3851a). ciency, including delegating to employ- (58) Enter into reciprocal fire agree- ees of DOI and other USDA agencies ments or contracts with domestic enti- the authorities of the Forest Service ties. Administer reimbursements re- necessary to carry out projects on be- ceived for fire suppression (16 U.S.C. half of USDA (43 U.S.C. 1703). 1856–1856e). (49) At the request of the Director, (59) Administer the large airtanker Homeland Security Staff (Director), and aerial asset lease program (16 designate law enforcement personnel of U.S.C. 551c). the Forest Service to assist the Direc- (60) Provide technical and other as- tor in providing for the personal secu- sistance with respect to eligibility of rity for the Secretary and the Deputy forest products for the ‘‘USDA Cer- Secretary in the National Forest Sys- tified Biobased Products’’ labeling pro- tem. gram (7 U.S.C. 8102(g)). (50) Implement the information dis- (61) Cooperate with public or private closure authorities of section entities or individuals to perform work 1619(b)(3)(A) of the Food, Conservation, on state, county, municipal, or private and Energy Act of 2008 (7 U.S.C. lands within or near the boundary of 8791(b)(3)(A)). National Forest System lands for ad- (51) Administer a program, through ministration, protection, improve- the Deputy Chief of State and Private ment, reforestation, and other kinds of Forestry, for providing loans to eligible work the Forest Service is authorized units of local government to finance to do on National Forest System lands, the purchase of equipment to monitor, and cooperate with public or private remove, dispose of, and replace infested entities or individuals to perform the trees located under their jurisdiction same kinds of work in connection with and within the borders of quarantined the use or occupancy of National For- areas (16 U.S.C. 2104a). est System lands (16 U.S.C. 572). (52) [Reserved] (62) Enter into reciprocal fire agree- (53) Administer the community wood ments with foreign fire organizations. energy program providing grants to de- (42 U.S.C. 1856m–1856o). velop community wood energy plans, (63) Administer the payments to acquire or upgrade community wood states program (16 U.S.C. 500; 16 U.S.C. energy systems, and establish or ex- 7101–7153); establish, maintain, and ap- pand biomass consumer cooperatives (7 point members to Resource Advisory U.S.C. 8113). Committees (16 U.S.C. 7125). (54) Conduct activities that assist the (64) Administer the Wood Innovation Director, Office of Environmental Mar- Grant program (7 U.S.C. 7655d). kets, in developing guidelines regard- (b) Reservations. The following au- ing the development of environmental thorities are reserved to the Under Sec- services markets. retary for Natural Resources and Envi- (55) Administer the programs author- ronment: ized by the Healthy Forests Restora- (1) The authority to issue final rules tion Act of 2003 (16 U.S.C. 6501 et seq.), and regulations relating to the admin- except for the Healthy Forests Reserve istration of Forest Service programs, Program authorized in title V of such except as provided in 36 CFR 261.70 and act (16 U.S.C. 6571–6578). § 2.60(a)(37).

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(2) As deemed necessary for adminis- tion of the response and restoration ac- trative purposes, the authority to di- tivities of the Forest Service and the vide into and designate as national for- other Federal and State agencies, and ests any lands of more than 3,000 acres make quarterly reports to Congress acquired under or subject to the Weeks under section 502(d) and (f) of Title V of Act of March 1, 1911, as amended (16 the Department of the Interior and Re- U.S.C. 521). lated Agencies Appropriations Act of (3) The authority to make rec- 1998, Pub. L. 105–83. ommendations to the Administrator of General Services regarding transfer to [60 FR 56393, Nov. 8, 1995, as amended at 64 other Federal, State, or Territorial FR 34967, June 30, 1999; 65 FR 12429, Mar. 9, agencies lands acquired under the 2000; 67 FR 59135, Sept. 20, 2002; 72 FR 36859, July 6, 2007; 74 FR 3408, Jan. 21, 2009; 78 FR Bankhead-Jones Farm Tenant Act, to- 40938, July 9, 2013; 79 FR 44114, July 30, 2014; gether with recommendations on the 85 FR 65516, Oct. 15, 2020] conditions of use and administration of such lands, pursuant to the provisions § 2.61 [Reserved] of section 32(c) of title III of the Bankhead-Jones Farm Tenant Act (7 Subpart K—Delegations of Author- U.S.C. 1011(c), and Executive Order 11609, 3 CFR, 1971–1975 Comp., p. 586). ity by the Under Secretary for (4) Making recommendations to the Research, Education, and Ec- President for establishing new units or onomics adding to existing units of the National Wild and Scenic Rivers System (16 § 2.63 Deputy Under Secretary for Re- U.S.C. 1271–1278); National Scenic search, Education, and Economics. Trails System (16 U.S.C. 1241–1249) and Pursuant to § 2.21(a), subject to res- the National Wilderness Preservation ervations in § 2.21(b), and subject to System (16 U.S.C. 1131–1136). policy guidance and direction by the (5) Signing of declarations of taking Under Secretary, the following delega- and requests for condemnation of prop- tion of authority is made by the Under erty as authorized by law to carry out Secretary for Research, Education, and the mission of the Forest Service (40 Economics, to be exercised only during U.S.C. 257). the absence or unavailability of the (6) Approval of acquisition of land Under Secretary: Perform all the du- under the Weeks Act of March 1, 1911, ties and exercise all the powers which as amended (16 U.S.C. 521), and special are now or which may hereafter be del- forest receipts acts (Pub. L. No. 337, egated to the Under Secretary for Re- 74th Cong., 49 Stat. 866, as amended by search, Education, and Economics. Pub. L. No. 310, 78th Cong., 58 Stat. 227; Pub. L. No. 505, 75th Cong., 52 Stat. 347, § 2.65 Administrator, Agricultural Re- as amended by Pub. L. No. 310, 78th search Service. Cong., 58 Stat. 227; Pub. L. No. 634, 75th (a) Delegations. Pursuant to Cong., 52 Stat. 699, as amended by Pub. § 2.21(a)(1), (a)(3) and (a)(5) through L. No. 310, 78th Cong., 58 Stat. 227; Pub. (a)(7), subject to reservations in L. No. 748, 75th Cong., 52 Stat. 1205, as amended by Pub. L. No. 310, 78th Cong., § 2.21(b)(1), the following delegations of 58 Stat. 227; Pub. L. No. 427, 76th Cong., authority are made by the Under Sec- 54 Stat. 46; Pub. L. No. 589, 76th Cong., retary for Research, Education, and 54 Stat. 297; Pub. L. No. 591, 76th Cong., Economics to the Administrator, Agri- 54 Stat. 299; Pub. L. No. 637, 76th Cong., cultural Research Service: 54 Stat. 402; Pub. L. No. 781, 84th Cong., (1) [Reserved] 70 Stat. 632) of $250,000 or more in value (2) Conduct research related to the for national forest purposes. economic feasibility of the manufac- (7) The authority to approve dis- ture and commercialization of natural bursements from the New World Mine rubber from hydrocarbon-containing Response and Restoration Account and plants and other critical agricultural the authority to prepare and approve materials from native agricultural the New World Mine Response and Res- crops having strategic and industrial toration Plan, including the coordina- importance (7 U.S.C. 178–178n).

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(3) Conduct research on the control of tion of soil erosion (7 U.S.C. 1010 and 16 undesirable species of honeybees in co- U.S.C. 590a). operation with specific foreign govern- (14) Maintain four regional research ments (7 U.S.C. 284). laboratories and conduct research at (4) Conduct research concerning do- such laboratories to develop new sci- mestic animals and poultry, their pro- entific, chemical, and technical uses tection and use, the causes of con- and new and extended markets and tagious, infectious, and communicable outlets for farm commodities and prod- diseases, and the means for the preven- ucts and the by-products thereof (7 tion and cure of the same (7 U.S.C. 391). U.S.C. 1292). (5) Conduct research related to the (15) Conduct a Special Cotton Re- dairy industry and to the dissemina- search Program designed to reduce the tion of information for the promotion cost of producing upland cotton in the of the dairy industry (7 U.S.C. 402). United States (7 U.S.C. 1444a(c)). (6) Conduct research and demonstra- (16) [Reserved] tions at Mandan, ND, related to dairy (17) Conduct research to develop and livestock breeding, growing, and feed- determine methods for the humane ing, and other problems pertaining to slaughter of livestock (7 U.S.C. 1904). the establishment of the dairy and live- stock industries (7 U.S.C. 421–422). (18) Provide national leadership and (7) Conduct research on new uses for support for research programs and cotton and on cotton ginning and proc- other research activities in the food essing (7 U.S.C. 423–424). and agricultural sciences to meet (8) Conduct research into the basic major needs and challenges in food and problems of agriculture in its broadest agricultural system productivity; de- aspects, including, but not limited to, velopment of new food, fiber, and en- production, marketing (other than sta- ergy sources; agricultural energy use tistical and economic research but in- and production; natural resources; pro- cluding research related to family use motion of the health and welfare of of resources), distribution, processing, people; human nutrition; and inter- and utilization of plant and animal national food and agriculture pursuant commodities; problems of human nu- to the National Agricultural Research, trition; development of markets for ag- Extension, and Teaching Policy Act of ricultural commodities; discovery, in- 1977, as amended (7 U.S.C. 3101 et seq.). troduction, and breeding of new crops, (19) [Reserved] plants, animals, both foreign and na- (20) Administer the National Agricul- tive; conservation development; and tural Science Award for research or ad- development of efficient use of farm vanced studies in the food and agricul- buildings, homes, and farm machinery tural sciences (7 U.S.C. 3153). except as otherwise delegated in (21) Conduct program evaluations to §§ 2.22(a)(1)(ii) and 2.79(a)(2) (7 U.S.C. improve the administration and effec- 427, 1621–1627, 1629, 2201 and 2204). tiveness of agricultural research and (9) Conduct research on varietal im- education programs (7 U.S.C. 3317). provement of wheat and feed grains to (22) Enter into contracts, grants, or enhance their conservation and envi- cooperative agreements to further re- ronmental qualities (7 U.S.C. 428b). search programs and library and re- (10) [Reserved] lated information programs supporting (11) Enter into agreements with and research, extension, and teaching pro- receive funds from any State, other po- grams in the food and agricultural litical subdivision, organization, or in- sciences (7 U.S.C. 3318). dividual for the purpose of conducting (23) Enter into cost-reimbursable cooperative research projects (7 U.S.C. agreements with State cooperative in- 450a). stitutions or other colleges and univer- (12) Conduct research under the IR–4 sities for the acquisition of goods or program (7 U.S.C. 450i(e)). services in support of research, exten- (13) Conduct research related to soil sion, or teaching activities in the food and water conservation, engineering and agricultural sciences, including operations, and methods of cultivation the furtherance of library and related to provide for the control and preven- information programs (7 U.S.C. 3319a).

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(24) Conduct research for the develop- (39) Conduct a research initiative ment of supplemental and alternative known as the Agricultural Genome Ini- crops (7 U.S.C. 3319d). tiative, and make grants or enter into (25)–(26) [Reserved] cooperative agreements on a competi- (27) Cooperate and work with na- tive basis to carry out the Initiative (7 tional and international institutions, U.S.C. 5924). Departments and Ministries of Agri- (40) Facilitate access, including culture in other nations, land-grant through the National Agricultural Li- colleges and universities, and other brary, by research and extension pro- persons throughout the world in the fessionals, farmers, and other inter- performance of agricultural research ested persons in the United States to, activities (7 U.S.C. 3291). and the use by those persons of, or- (28) Provide a biennial report to the ganic research conducted outside the Committee on Agriculture of the House United States (7 U.S.C. 5925d). of Representatives and the Committee (41)–(46) [Reserved] on Agriculture, Nutrition, and For- (47) Establish a National Plant Dis- estry of the Senate on efforts of the ease Recovery System to engage in Federal Government to coordinate strategic long-range planning to re- international agricultural research cover from high-consequence plant within the Federal Government, and to transboundary diseases (7 U.S.C. more effectively link the activities of 8914(d)). domestic and international agricul- (48) Coordinate Departmental poli- tural researchers, particularly re- cies under the Toxic Substances Con- searchers of the Agricultural Research trol Act (15 U.S.C. 2601–2629). Service (7 U.S.C. 3291(d)(2)). (49) With respect to facilities and ac- (29) Conduct a program of basic re- tivities under his or her authority, to search on cancer in animals and birds exercise the authority of the Secretary (7 U.S.C. 3902). of Agriculture pursuant to section 1– (30) Promote cooperation and coordi- 102 related to compliance with applica- nation between 1862, 1890, 1994, and ble pollution control standards and sec- NLGCA Institutions, HSACUs, and co- tion 1–601 of Executive Order 12088, 3 operating forestry schools and inter- CFR, 1978 Comp., p. 243, to enter into national partner institutions in devel- an inter-agency agreement with the oping countries by exercising the Sec- United States Environmental Protec- retary’s authority in 7 U.S.C. 3292, in- tion Agency, or an administrative con- cluding coordinating with the Adminis- sent order or a consent judgment in an trator, Foreign Agricultural Service to appropriate State, interstate, or local place interns from covered institutions agency, containing a plan and schedule in, or in service to benefit, developing to achieve and maintain compliance countries. with applicable pollution control (31) Conduct research to optimize standards established pursuant to the crop and livestock production poten- following: tial, integrated resource management, (i) Solid Waste Disposal Act, as and integrated crop management (7 amended by the Resource Conservation U.S.C. 5821). and Recovery Act, as further amended (32) Administer a national research by the Hazardous and Solid Waste program on genetic resources to pro- Amendments, and the Federal Facility vide for the collection, preservation, Compliance Act (42 U.S.C. 6901 et seq.); and dissemination of genetic material (ii) Federal Water Pollution Preven- important to American food and agri- tion and Control Act, as amended (33 culture production (7 U.S.C. 5841). U.S.C. 1251 et seq.); (33) Conduct remote-sensing and (iii) Safe Drinking Water Act, as other weather-related research (7 amended (42 U.S.C. 300f et seq.); U.S.C. 5852). (iv) Clean Air Act, as amended (42 (34)–(37) [Reserved] U.S.C. 7401 et seq.); (38) Administer a grant program for (v) Noise Control Act of 1972, as risk assessment research to address amended (42 U.S.C. 4901 et seq.); concerns about the environmental ef- (vi) Toxic Substances Control Act, as fects of biotechnology (7 U.S.C. 5921). amended (15 U.S.C. 2601 et seq.);

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(vii) Federal Insecticide, Fungicide, Service, the National Institute of Food and Rodenticide Act, as amended (7 and Agriculture, and the National Ag- U.S.C. 136 et seq.); and ricultural Statistics Service as agreed (viii) Comprehensive Environmental upon by the agencies with authority to Response, Compensation, and Liability take actions required by law or regula- Act of 1980, as amended by the Super- tion. As used herein, the term manage- fund Amendments and Reauthorization ment support services includes budget, Act of 1986 (42 U.S.C. 9601 et seq.). finance, personnel, information tech- (50) Perform research and administer nology, procurement, property man- grants for research and development in agement, communications, paperwork aquaculture (16 U.S.C. 2804). management, and related administra- (51) Maintain a National Arboretum tive services. for the purposes of research and edu- (60) With respect to land and facili- cation concerning tree and plant life, ties under his or her authority, exer- and order disbursements from the cise the functions delegated to the Sec- Treasury, in accordance with the Act retary by Executive Order 12580, 3 CFR, of March 4, 1927 (20 U.S.C. 191 et seq.). 1987 Comp., p. 193, under the following (52) Conduct research on foot-and- provisions of the Comprehensive Envi- mouth disease and other animal dis- ronmental Response, Compensation, eases (21 U.S.C. 113a). and Liability Act of 1980 (‘‘the Act’’), (53)–(56) [Reserved] as amended: (57) Pursuant to the authority dele- (i) Sections 104 (a), (b), and (c)(4) of gated by the Administrator of General the Act (42 U.S.C. 9604 (a), (b), and Services to the Secretary of Agri- (c)(4)), with respect to removal and re- culture in 34 FR 6406, 36 FR 1293, 36 FR medial actions in the event of release 18840, and 38 FR 23838, appoint uni- or threatened release of a hazardous formed armed guards and special po- substance, pollutant, or contaminant licemen, make all needful rules and into the environment; regulations, and annex to such rules (ii) Sections 104(e)–(h) of the Act (42 and regulations such reasonable pen- U.S.C. 9604(e)–(h)), with respect to in- alties (not to exceed those prescribed formation gathering and access re- in 40 U.S.C. 318(c)), as will insure their quests and orders; compliance with enforcement, for the protection of per- Federal health and safety standards sons, property, buildings, and grounds and wage and labor standards applica- of the Arboretum, Washington, DC; the ble to covered work; and emergency U.S. Meat Animal Research Center, procurement powers; Clay Center, NE.; the Agricultural Re- (iii) Section 104(i)(11) of the Act (42 search Center, Beltsville, MD; and the U.S.C. 9604(i)(11)), with respect to the Animal Disease Center, Plum Island, reduction of exposure to significant NY, over which the United States has risk to human health; exclusive or concurrent criminal juris- (iv) Section 104(j) of the Act (42 diction, in accordance with the limita- U.S.C. 9604(j)), with respect to the ac- tions and requirements of the Federal quisition of real property and interests Property and Administrative Services in real property required to conduct a Act of 1949, as amended (40 U.S.C. 471 et remedial action; seq.), the Act of June 1, 1948, as amend- (v) The first two sentences of section ed (40 U.S.C. 318 et seq.), and the poli- 105(d) of the Act (42 U.S.C. 9605(d)), cies, procedures, and controls pre- with respect to petitions for prelimi- scribed by the General Services Admin- nary assessment of a release or threat- istration. Any rules or regulations pro- ened release; mulgated under this authority shall be (vi) Section 105(f) of the Act (42 approved by the Director, Office of Op- U.S.C. 9605(f)), with respect to consider- erations, and the General Counsel prior ation of the availability of qualified to issuance. minority firms in awarding contracts, (58) Administer the Department’s but excluding that portion of section Patent Program except as delegated to 105(f) pertaining to the annual report the General Counsel in § 2.31(a)(5). to Congress; (59) Provide management support (vii) Section 109 of the Act (42 U.S.C. services for the Economic Research 9609), with respect to the assessment of

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civil penalties for violations of section tural practices, handling, food proc- 122 of the Act (42 U.S.C. 9622), and the essing, and cooking on the nutrients granting of awards to individuals pro- they contain; viding information; (ii) Surveillance of the nutritional (viii) Section 111(f) of the Act (42 benefits provided to participants in the U.S.C. 9611(f)), with respect to the des- food programs administered by the De- ignation of officials who may obligate partment; and money in the Hazardous Substances (iii) Research on the factors affecting Superfund; food preference and habits (7 U.S.C. (ix) Section 113(k) of the Act (42 3171–3173, 3175). U.S.C. 9613(k)), with respect to estab- (65) The authority in paragraph lishing an administrative record upon (a)(64) of this section includes the au- which to base the selection of a re- thority to: sponse action and identifying and noti- (i) Appraise the nutritive content of fying potentially responsible parties; the U.S. food supply; (x) Section 116(a) of the Act (42 U.S.C. (ii) Develop and make available data 9616(a)), with respect to preliminary as- on the nutrient composition of foods sessment and site inspection of facili- needed by Federal, State, and local ties; agencies administering food and nutri- (xi) Sections 117(a) and (c) of the Act tion programs, and the general public, (42 U.S.C. 9617 (a) and (c)), with respect to improve the nutritional quality of to public participation in the prepara- diets; tion of any plan for remedial action (iii) Coordinate nutrition education and explanation of variances from the research and professional education final remedial action plan for any re- projects within the Department; and medial action or enforcement action, (iv) Maintain data generated on food including any settlement or consent composition in a National Nutrient decree entered into; Data Bank. (xii) Section 119 of the Act (42 U.S.C. (66) Conduct, in cooperation with the 9119), with respect to indemnifying re- Department of Health and Human sponse action contractors; Services, the National Nutrition Moni- (xiii) Section 121 of the Act (42 U.S.C. toring and Related Research Program. 9621), with respect to cleanup stand- Included in this delegation is the au- ards; and thority to: (xiv) Section 122 of the Act (42 U.S.C. (i) Design and carry out periodic na- 9622), with respect to settlements, but tionwide food consumption surveys to excluding section 122(b)(1) of the Act measure household food consumption; (42 U.S.C. 9622(b)(1)), related to mixed (ii) Design and carry out a contin- funding agreements. uous, longitudinal individual intake (61) [Reserved] survey of the United States population (62) Perform food and agricultural re- and special high-risk groups; and search in support of functions assigned (iii) Design and carry out methodo- to the Department under the Defense logical research studies to develop im- Production Act of 1950, as amended (50 proved procedures for collecting house- U.S.C. App. 2061 et seq.), and title VI of hold and individual food intake con- the Robert T. Stafford Disaster Relief sumption data; and Emergency Assistance Act (42 (67) [Reserved] U.S.C. 5195 et seq.). (68) Provide staff support to the (63) Propagate bee-breeding stock and Under Secretary for Research, Edu- release bee germplasm to the public (7 cation, and Economics related to the U.S.C. 283). Ten-Year Comprehensive Plan and the (64) Administer a National Food and Interagency Board for Nutrition Moni- Human Nutrition Research Program toring and Related Research required under the National Agricultural Re- by Pub. L. No. 101–445, 7 U.S.C. 5301 et search, Extension, and Teaching Policy seq. Act of 1977, as amended. As used herein (69) Obtain and furnish excess prop- the term ‘‘research’’ includes: erty to eligible recipients for use in the (i) Research on the nutrient composi- conduct of research and extension pro- tion of foods and the effects of agricul- grams.

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(70) [Reserved] (78) Assemble and collect food and (71) Establish and maintain a Food nutrition educational materials, in- Safety Research Information Office at cluding the results of nutrition re- the National Agricultural Library to search, training methods, procedures, provide to the research community and and other materials related to the pur- the general public information on pub- poses of the National Agricultural Re- licly and privately funded food safety search, Extension, and Teaching Policy research initiatives (7 U.S.C. 7654(a)). Act of 1977, as amended; maintain such (72) Develop and maintain library and information; and provide for the dis- information systems and networks and semination of such information and facilitate cooperation and coordination materials on a regular basis to State of the agricultural libraries of colleges, educational agencies and other inter- universities, USDA, and their closely ested parties (7 U.S.C. 3126). allied information gathering and dis- (79) Conduct program evaluations to semination units in conjunction with improve the administration and effi- private industry and other research li- cacy of the National Agricultural Li- braries (7 U.S.C. 2201, 2204, 3125a, and brary and related information systems 3126). in the food and agricultural sciences (7 (73) Accept gifts and order disburse- U.S.C. 3317). ments from the Treasury for the ben- (80) Administer the National Agricul- efit of the National Agricultural Li- tural Library, including the farmland brary or for the carrying out of any of information center, pursuant to sec- its functions (7 U.S.C. 2264–2265). tion 1544(b) of the Farmland Protection (74) Provide for the dissemination of Policy Act (7 U.S.C. 4205(b)). appropriate rural health and safety in- (81) Support Department water pro- formation resources possessed by the grams through participation in State National Agricultural Library Rural water quality coordination programs Information Center, in cooperation and dissemination of agrichemical in- with State educational program efforts formation (7 U.S.C. 5503–5506). (7 U.S.C. 2662). (82)–(83) [Reserved] (75) Provide national leadership in the development and maintenance of (84) Represent the Department on all library and related information sys- library and information science mat- tems and other activities to support ters before Congressional Committees the research, extension, and teaching and appropriate commissions, and pro- programs in the food and agricultural vide representation to the coordinating sciences pursuant to the National Agri- committees of the Federal and State cultural Research, Extension, and governments concerned with library Teaching Policy Act of 1977, as amend- and information science activities. ed (7 U.S.C. 3101 and 3121). (85) Represent the Department in (76) Administer the programs and international organizational activities services of the National Agricultural and on international technical com- Library consistent with its charge to mittees concerned with library and in- serve as the primary agricultural infor- formation science activities. mation resource of the United States (86) Prepare and disseminate com- and enter into agreements and receive puter files, indexes and abstracts, bib- funds from various entities to conduct liographies, reviews and other analyt- National Agricultural Library activi- ical information tools. ties (7 U.S.C. 3125a). (87) Arrange for the consolidated pur- (77) Provide and distribute informa- chasing and dissemination of printed tion and data about Federal, State, and automated indexes, abstracts, jour- local, and other rural development as- nals, and other widely used informa- sistance programs and services avail- tion resources and services. able to individuals and organizations. (88) Provide assistance and support to To the extent possible, the National professional organizations and others Agricultural Library shall use tele- concerned with library and information communications technology to dis- science matters and issues. seminate such information to rural (89) Copy and deliver on demand se- areas (7 U.S.C. 3125b). lected articles and other materials

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from the National Agricultural Li- (99) Ensure that agricultural research brary’s collections by photographic re- conducted by the Agricultural Re- production or other means within the search Service (ARS) addresses a con- permissions, constraints, and limita- cern that is a priority and has na- tions of sections 106, 107, and 108 of the tional, multistate, or regional signifi- Copyright Act of October 19, 1976 (17 cance (7 U.S.C. 7611). U.S.C. 106, 107 and 108). (100) Solicit and consider input and (90) Formulate, write, or prescribe recommendations from persons who bibliographic and technically related conduct or use agricultural research, standards for the library and informa- extension, or education (7 U.S.C. tion services of USDA (7 U.S.C. 3125a et 7612(b)). seq.). (101) Consider the results of the an- (91) Assure the acquisition, preserva- nual review performed by the Agricul- tion, and accessibility of all informa- tural Research, Extension, Education, tion concerning food and agriculture and Economics Advisory Board regard- by providing leadership to and coordi- ing the relevance to priorities of the nation of the acquisition programs and funding of all agricultural research, ex- related activities of the library and in- tension, or education activities con- formation systems, with the agencies ducted or funded by the Department of USDA, other Federal departments and the adequacy of funding when for- and agencies, State agricultural exper- mulating each request for proposals, iment stations, colleges and univer- and evaluating proposals, involving an sities, and other research institutions agricultural research, extension, or and organizations. education activity funded, on a com- (92) Determine by survey or other ap- petitive basis, by the Department; and propriate means, the information needs solicit and consider input from persons of the Department’s scientific, profes- who conduct or use agricultural re- sional, technical, and administrative search, extension, or education regard- staffs, its constituencies, and the gen- ing the prior year’s request for pro- eral public in the areas of food, agri- posals for each activity funded on a culture, the environment, and other re- competitive basis (7 U.S.C. 7613(c)). lated areas. (93) Review cooperative research and (102) Establish procedures that en- development agreements entered into sure scientific peer review of all re- pursuant to 15 U.S.C. 3710a–3710c, with search activities conducted by the Ag- authority to disapprove or require the ricultural Research Service (7 U.S.C. modification of any such agreement. 7613(d)). (94) Administer the Stuttgart Na- (103) Coordinate the resources of the tional Aquaculture Research Center (16 Department to develop, commercialize, U.S.C. 778 et seq.; Pub. L. 104–127, sec. and promote the use of biobased prod- 889). ucts, and enter into cooperative agree- (95) Provide technical and edu- ments with private entities to operate cational assistance to conserve and en- pilot plants and other large-scale prep- hance private grazing land resources aration facilities under which the fa- (16 U.S.C. 2005b). cilities and technical expertise of the (96) Provide technical assistance to Agricultural Research Service may be farmers and ranchers under the Envi- made available (7 U.S.C. 7624). ronmental Quality Incentives Program (104) Administer grants to consortia (16 U.S.C. 3830 et seq.). of land-grant colleges and universities (97) Enter into cooperative research to enhance the ability of the consortia and development agreements with in- to carry out multi-State research dustry, universities, and others; insti- projects aimed at understanding and tute a cash award program to reward combating diseases of wheat, triticale, scientific, engineering, and technical and barley caused by Fusarium personnel; award royalties to inven- graminearum and related fungi or tors; and retain and use royalty income Tilletia indica and related fungi (7 (15 U.S.C. 3710a–3710c). U.S.C. 7628). (98) Coordinate USDA activities dele- (105) Administer a program of fees to gated under 15 U.S.C. 3710a–3710c. support the Patent Culture Collection

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maintained and operated by the Agri- § 2.66 Director, National Institute of cultural Research Service (7 U.S.C. Food and Agriculture. 7641). (a) Delegations. Pursuant to § 2.21 (106) Update on a periodic basis, nu- (a)(1) and (a)(3), subject to the reserva- trient composition data, and report to tions in § 2.21(b)(1), the following dele- Congress the method that will be used gations of authority are made by the to update the data and the timing of Under Secretary for Research, Edu- the update (7 U.S.C. 7651). cation and Economics (Under Sec- (107) Ensure that each research activ- retary) to the Director, National Insti- ity conducted by an Agricultural Re- tute of Food and Agriculture, who shall search Service facility serves a na- tional or multistate need (7 U.S.C. report directly to the Under Secretary. 390a(e)). (1) Administer research and tech- (108) Exchange, sell, or otherwise dis- nology development grants related to pose of animals, animal products, the economic feasibility of the manu- plants, and plant products, and use the facture and commercialization of nat- sale or other proceeds to acquire such ural rubber from hydrocarbon-con- items or to offset costs related to the taining plants and other critical agri- maintenance, care, or feeding of such cultural materials from native agricul- items (7 U.S.C. 2241a). tural crops having strategic and indus- (109) Establish and administer a pilot trial importance (7 U.S.C. 178–178n). program at the Beltsville Agricultural (2) Administer the appropriation for Research Center and National Agricul- the endowment and maintenance of tural Library to lease nonexcess prop- colleges for the benefit of agriculture erty (7 U.S.C. 3125a note). and the mechanical arts (7 U.S.C. 321– (110) Lease land at the Grazinglands 326a). Research Laboratory at El Reno, Okla- (3) Administer teaching funds author- homa, pursuant to section 7503 of the ized by section 22 of the Bankhead Food, Conservation, and Energy Act of Jones Act, as amended (7 U.S.C. 329). 2008 (Pub. L. 110–246). (4) Cooperate with the States for the (111) Administer a natural products purpose of encouraging and assisting research program (7 U.S.C. 5937). them in carrying out research related (112) Provide staff support to the to the problems of agriculture in its Under Secretary for Research, Edu- broadest aspects under the Hatch Act, cation, and Economics related to the as amended (7 U.S.C. 361a–361i). National Agricultural Research, Exten- (5) Administer an agricultural re- sion, Education, and Economics Advi- search facilities proposal review proc- sory Board (7 U.S.C. 3123). ess for submission to Congress (7 U.S.C. (113) Carry out pollinator health re- 390, 390a(a)–(d)). search activities (7 U.S.C. 5925(g)(2)). (6) Carry out a program (IR–4 Pro- (114) Enter into grants, contracts, co- gram) for the collection of residue and operative agreements, or other legal efficacy data in support of registration instruments with former Department or reregistration of pesticides for of Agriculture agricultural research fa- minor agricultural use and for use on cilities (7 U.S.C. 3315(b)). specialty crops, and to determine toler- (115) Enter into cooperative agree- ances for minor use chemical residues ments with institutions of higher edu- in or on agricultural commodities (7 cation regarding the dissemination of U.S.C. 450i(e)). agricultural and food law research, legal tools, and information (7 U.S.C. (7) Administer the Agriculture and 3125a–1). Food Research Initiative for competi- (b) [Reserved] tive grants for fundamental and ap- plied research, extension, and edu- [60 FR 56393, Nov. 8, 1995, as amended at 62 cation to address food and agricultural FR 65594, Dec. 15, 1997; 65 FR 5416, Feb. 4, sciences (7 U.S.C. 450i(b)). 2000; 68 FR 27445, May 20, 2003; 74 FR 3409, Jan. 21, 2009; 75 FR 43381, July 23, 2010; 76 FR (8) Administer a program of making 4802, 4803, Jan. 27, 2011; 79 FR 44115, July 30, special grants for research, extension, 2014; 83 FR 61314, Nov. 29, 2018; 85 FR 65520, or education activities (7 U.S.C. Oct. 15, 2020] 450i(c)).

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(9) Administer a next generation ag- (14) Administer a program to make riculture technology challenge com- competitive grants to assist in the con- petition to incentivize mobile tech- struction, alteration, acquisition, mod- nology that removes marketplace ernization, renovation, or remodeling entry barriers for beginning farmers of agricultural research facilities (7 and ranchers (7 U.S.C. 3158). U.S.C. 390b). (10) Administer, in cooperation with (15) Promote cooperation and coordi- land-grant colleges and universities nation between 1862, 1890, 1994, and where applicable, a rural development NLGCA Institutions, HSACUs, and co- research and extension program, a operating forestry schools and inter- small farm research and extension pro- national partner institutions in devel- gram, and a rural health and safety oping countries by exercising the Sec- education program under the Rural De- velopment Act of 1972, as amended (7 retary’s authority in 7 U.S.C. 3292, in- U.S.C. 2661–2667). cluding coordinating with the Adminis- (11) Provide national leadership and trator, Foreign Agricultural Service to support for cooperative research and place interns from covered institutions extension programs and other coopera- in, or in service to benefit, developing tive activities in the food and agricul- countries. tural sciences to meet major needs and (16) [Reserved] challenges in food and agricultural sys- (17) Administer and direct an Animal tem productivity; development of new Health and Disease Research Program food, fiber, and energy sources; agricul- under the National Agricultural Re- tural energy use and production; nat- search, Extension, and Teaching Policy ural resources; promotion of the health Act of 1977, as amended (7 U.S.C. 3191– and welfare of people; human nutrition; 3201). and international food and agriculture (18) Support continuing agricultural pursuant to the National Agricultural and forestry extension and research, at Research, Extension, and Teaching 1890 land-grant institutions, including Policy Act of 1977, as amended (7 U.S.C. Tuskegee University (7 U.S.C. 3221, 3101 et seq.). 3222, 3222d). (12) Conduct a program of grants to (19) Administer grants to 1890 land- States to expand, renovate, or improve schools of veterinary medicine (7 grant colleges, including Tuskegee U.S.C. 3151). University, through Federal-grant (13) Promote and strengthen higher funds to help finance and upgrade agri- education in the food and agricultural cultural and food science facilities sciences; administer grants to colleges which are used for research, extension, and universities; maintain a national and resident instruction (7 U.S.C. food and agricultural education infor- 3222b). mation system; conduct programs re- (20) Provide policy direction and co- garding the evaluation of teaching pro- ordinate the Department’s work with grams and continuing education; ad- national and international institutions minister the National Food and Agri- and other persons throughout the cultural Sciences Teaching, Extension, world in the performance of agricul- and Research Awards Program to rec- tural research, extension, teaching, ognize and promote excellence in and development activities; administer teaching, extension, and research in a program of competitive grants for the food and agricultural sciences; ad- collaborative projects involving Fed- minister programs relating to sec- eral scientists or scientists from col- ondary education and 2-year postsec- leges and universities working with ondary education, including grants to scientists at international agricultural public secondary schools, institutions research centers in other nations focus- of higher education that award an asso- ing either on new technologies and pro- ciate’s degree, other institutions of higher education, and nonprofit organi- grams for increasing the production of zations; and report to Congress on the food and fiber or training scientists distribution of funds to carry out such and a program of competitive grants to teaching programs (7 U.S.C. 3152). colleges and universities to strengthen

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United States economic competitive- (28) Administer a cooperative range- ness and to promote international mar- land research program (7 U.S.C. 3331– ket development; and establish a pro- 3336). gram in coordination with the Foreign (29) Administer grants for basic re- Agricultural Service to place interns search on cancer in animals and birds from United States colleges and uni- (7 U.S.C. 3902). versities at Foreign Agricultural Serv- (30) Administer programs and con- ice field offices overseas (7 U.S.C. 3291, duct projects in cooperation with other 3292b). agencies for research and education on (21) Administer grants to 1890 Insti- sustainable agriculture (7 U.S.C. 5811– tutions, including Tuskegee Univer- 5813). sity, for purposes of awarding scholar- (31) Administer a cooperative re- ships to individuals pursuing careers in search and extension program to opti- the food and agricultural sciences (7 mize crop and livestock production po- U.S.C. 3222a). tential in integrated resource manage- (22) Conduct program evaluations to ment and integrated crop management improve the administration and effi- systems (7 U.S.C. 5821). cacy of the cooperative research grants (32) Establish an Agricultural Weath- and extension programs involving er Office and administer a national ag- State agricultural experiment stations, ricultural weather information system, cooperative extension services, and col- including competitive grants program leges and universities (7 U.S.C. 3317). for research in atmospheric sciences (23) Enter into contracts, grants, or and climatology (7 U.S.C. 5852–5853). cooperative agreements to further re- (33) Administer a cooperative exten- search, extension or teaching activities sion program on agricultural weather in the food and agricultural sciences (7 forecasts and climate information for U.S.C. 3318) agricultural producers and administer (24) Enter into cost-reimbursable a grant program to States to admin- agreements with State cooperative in- ister programs for State agricultural stitutions or other colleges and univer- weather information systems (7 U.S.C. sities for the acquisition of goods or 5854). services in support of research, exten- (34) Administer competitive grants sion, or teaching activities in the food for the acquisition of special purpose and agricultural sciences, including scientific research equipment for use in the furtherance of library and related the food and agricultural sciences pro- information programs (7 U.S.C. 3319a). grams of eligible institutions (7 U.S.C. (25) Conduct research and develop 3310a). and implement a program for the de- (35) Establish a National Plant Diag- velopment of supplemental and alter- nostic Network to monitor and surveil native crops (7 U.S.C. 3319d). through diagnostics threats to plant (26) Administer an Aquaculture As- health from diseases or pests of con- sistance Program, involving centers, cern in the United States and establish by making grants to eligible institu- cooperative agreements with land- tions for research and extension to fa- grant colleges and universities (7 cilitate or expand production and mar- U.S.C. 8914(c)). keting of aquacultural food species and (36) [Reserved] products; making grants to States to (37) Administer a grant program for formulate aquaculture development risk assessment research to address plans for the production and marketing concerns about the environmental ef- of aquacultural species and products; fects of biotechnology (7 U.S.C. 5921). conducting a program of research, ex- (38)–(39) [Reserved] tension and demonstration at (40) Conduct a research initiative aquacultural demonstration centers (7 known as the Agricultural Genome Ini- U.S.C. 3321–3322). tiative; and make grants or enter coop- (27) Make competitive grants to land- erative agreements on a competitive grant colleges and universities, includ- basis with individuals and organiza- ing 1994 Institutions, to provide identi- tions to carry out the Initiative (7 fiable support specifically targeted for U.S.C. 5924). Tribal students (7 U.S.C. 3222e). (41) [Reserved]

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(42) Administer a competitive high administer education and information priority research and extension grants activities assigned under the Defense program in specified subject areas (7 Production Act of 1950, as amended (50 U.S.C. 5925), including pollinator ac- U.S.C. App. 2061 et seq.), and title VI of tivities (7 U.S.C. 5925(g)) not otherwise the Robert T. Stafford Disaster Relief delegated to the Administrator, Agri- and Emergency Assistance Act (42 cultural Research Service in U.S.C. 5195 et seq.). § 2.65(a)(113) and the Administrator, (56) Prepare an annual report to Con- Animal and Plant Health Inspection gress on disbursements of funds for ag- Service in § 2.80(a)(47). ricultural research and extension at (43) In consultation with the Urban 1890 and 1862 Institutions for programs Agriculture and Innovative Production under the following authorities: 7 Advisory Committee, administer com- U.S.C. 3221; 7 U.S.C. 3222; 7 U.S.C. 343(b) petitive grants to support research, and (c); and 7 U.S.C. 361a et seq. (7 education, and extension activities for U.S.C. the purposes of facilitating the devel- (57) Represent the Department on the opment of urban, indoor, and other Federal Interagency Committee on emerging agricultural production, har- Education. vesting, transportation, aggregation, (58)–(60) [Reserved] packaging, distribution, and markets (7 (61) Administer a cooperative agri- U.S.C. 5925g). cultural extension program in accord- (44) Administer competitive grants to ance with the Smith-Lever Act, as support research, education, and exten- amended (7 U.S.C. 341–349). sion activities regarding organically (62) Administer a cooperative agri- grown and processed agricultural com- cultural extension program relating to modities (7 U.S.C. 5925b). agriculture, uses of solar energy with (45) –(49) [Reserved] respect to agriculture, home econom- (50) Administer the Small Business ics, and rural energy in the District of Innovation Development Act of 1982 for Columbia (DC Code 38–1202.09). USDA (15 U.S.C. 638(e)-(k)). (63) Conduct educational and dem- (51) Administer a cooperative for- onstration work related to the dis- estry program in accordance with the tribution and marketing of agricul- McIntire-Stennis Cooperative Forestry tural products under the Agricultural Act, and administer a competitive for- Marketing Act of 1946, as amended (7 estry, natural resources, and environ- U.S.C. 1621–1627). mental grant program (16 U.S.C. 582a– (64)–(71) [Reserved] 582a–8). (52) Establish and administer the (72) Administer a cooperative exten- Forestry Student Grant Program to sion program under the Farmer-to-Con- provide competitive grants to assist sumer Direct Marketing Act of 1976 (7 the expansion of the professional edu- U.S.C. 3004). cation of forestry, natural resources, (73) [Reserved] and environmental scientists (16 U.S.C. (74) Administer a National Food and 1649). Human Nutrition Research and Exten- (53) Provide staff support to the Sec- sion Program (7 U.S.C. 3171–3173, 3175) retary of Agriculture in his or her role (75) [Reserved] as permanent Chair for the Joint Sub- (76) Design educational programs, im- committee on Aquaculture established plement, and distribute materials in by the National Aquaculture Act of cooperation with the cooperative ex- 1980 and coordinate aquacultural re- tension services of the States empha- sponsibilities within the Department sizing the importance of productive (16 U.S.C. 2805). farmland pursuant to section 1544(a) of (54) Administer extension education the Farmland Protection Policy Act (7 programs in aquaculture and admin- U.S.C. 4205(a)). ister grants related to research and de- (77) Recognize centers of excellence, velopment in aquaculture (16 U.S.C. led by 1890 Institutions, focused on stu- 2806). dent success and workforce develop- (55) Coordinate research by cooper- ment; nutrition, health, wellness, and ating State research institutions and quality of life; farming systems, rural

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prosperity, and economic sustain- to support the research, education, and ability; global food security and de- economics mission area of the Depart- fense, natural resources, energy, and ment (16 U.S.C. 3851). environment; and emerging tech- (92) Authorize the use of the 4-H Club nologies, and submit an annual report name and emblem (18 U.S.C. 707). to Congress on the resources invested (93) Conduct demonstrational and in and work being done by such centers promotional activities related to farm (7 U.S.C. 5926). dwellings and other buildings for the (78) Develop and make available purposes of reducing costs and adapt- handbooks, technical guides, and other ing and developing fixtures and appur- educational materials emphasizing sus- tenances for more efficient and eco- tainable agriculture production sys- nomical farm use (42 U.S.C. 1476(b)). tems and practices; carry out activities (94) [Reserved] related to a national training program (95) Exercise the responsibilities of for sustainable agriculture (7 U.S.C. the Secretary under regulations deal- 5831, 5832). ing with Equal Employment Oppor- (79) Administer grants to consortia of tunity (part 18 of this title). land-grant colleges and universities to enhance the ability of the consortia to (96) [Reserved] carry out multi-State research projects (97) Provide educational and tech- aimed at understanding and combating nical assistance in implementing and diseases of wheat, triticale, and barley administering the conservation reserve caused by Fusarium graminearum and program authorized in sections 1231– related fungi or Tilletia indica and re- 1244 of the Food Security Act of 1985 lated fungi (7 U.S.C. 7628). (Pub. L. No. 99–198, 99 Stat. 1509, 16 (80)–(81) [Reserved] U.S.C. 3831–3844). (82) Administer education programs (98) Establish and administer a 1994 on Indian reservations and tribal juris- Institutions Endowment Fund and to dictions (7 U.S.C. 5930). enter into agreements necessary to do (83) Conduct education and extension this (Section 533(b)(c) of the Equity in programs related to nutrition edu- Educational Land-Grant Status Act of cation (7 U.S.C. 2027(a)). 1994, 7 U.S.C. 301 note). (84) Administer a demonstration (99) Make grants in equal amounts to grants program for support of an as- 1994 Land-Grant Institutions to be used sistive technology program for farmers in the same manner as is prescribed for with disabilities (7 U.S.C. 5933). colleges under the Act of August 30, (85) Conduct educational and dem- 1890 (26 Stat. 417, chapter 841; 7 U.S.C. onstrational work in cooperative farm 321 et seq.) (commonly known as the forestry programs (16 U.S.C. 568). Second Morrill Act), and subject to the (86) Provide for an expanded and com- requirements of such Act (Sections 533 prehensive extension program for for- and 534 of the Equity in Educational est and rangeland renewable resources Land-Grant Act of 1994, 7 U.S.C. 301 (16 U.S.C. 1671–1676). note). (87) [Reserved] (100) Make competitive Institutional (88) Provide technical, financial, and Capacity Building Grants to assist 1994 educational assistance to State for- Institutions with constructing, acquir- esters and State extension directors on ing, and remodeling buildings, labora- rural forestry assistance (16 U.S.C. tories, and other capital facilities (in- 2102). cluding fixtures and equipment) nec- (89) Provide educational assistance to essary to conduct instructional activi- State foresters under the Forest Stew- ties more effectively in agriculture and ardship Program (16 U.S.C. 2103a). sciences (Section 535 of the Equity in (90) Implement and conduct an edu- Educational Land-Grant Status Act of cational program to assist the develop- 1994, 7 U.S.C. 301 note). ment of urban and community forestry (101) Make competitive grants to 1994 programs (16 U.S.C. 2105). Land-Grant Institutions to conduct ag- (91) Administer an experienced serv- ricultural research that addresses high ices program to obtain technical, pro- priority concerns of tribal, national, or fessional, and administrative services multistate significance (Section 536 of

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the Equity in Educational Land-Grant (113) Provide technical and edu- Status Act of 1994, 7 U.S.C. 301 note). cational assistance to conserve and en- (102) Implement and administer the hance private grazing land resources Community Food Projects Program (16 U.S.C. 2005b). under section 25 of the Food and Nutri- (114) Provide technical assistance to tion Act of 2008 (7 U.S.C. 2034). farmers and ranchers under the Envi- (103) In consultation with the Admin- ronmental Quality Incentives Program istrator of the Food and Nutrition (16 U.S.C. 3830 et seq.). Service, administer pilot projects to (115)–(116) [Reserved] encourage the use of public-private (117) Represent the Department in partnerships committed to addressing international organizational activities food insecurity (7 U.S.C. 2036d). and on international technical com- (104) Develop and carry out a system mittees concerned with agricultural to monitor and evaluate agricultural science, education, and development research and extension activities con- activities, including library and infor- ducted or supported by the Department mation science activities. of Agriculture that will enable the Sec- (118) [Reserved] retary to measure the impact and ef- (119) Ensure that agricultural re- fectiveness of research, extension, and search, extension, or education activi- education programs according to prior- ties administered, on a competitive basis, by the National Institute of Food ities, goals, and mandates established and Agriculture address a concern that by law. Conduct a comprehensive re- is a priority and has national, view of state-of-the-art information multistate, or regional significance (7 technology systems for use in devel- U.S.C. 7611). oping the system (7 U.S.C. 3129). (120) Solicit and consider input and (105) [Reserved] recommendations from persons who (106) Administer grants to 1890 land- conduct or use agricultural research, grant colleges, including Tuskegee extension, or education; ensure that University, through Federal-grant Federally supported and conducted ag- funds to help finance research facilities ricultural research, extension, and edu- and equipment including agricultural cation activities are accomplished in libraries (7 U.S.C. 3223). accord with identified management (107) Establish and administer com- principles; and promulgate regulations petitive grants to Hispanic-serving In- concerning implementation of a proc- stitutions for the purpose of promoting ess for obtaining stakeholder input at and strengthening the ability of His- 1862, 1890, and 1994 Institutions and His- panic-serving Institutions to carry out panic-serving agricultural colleges and education, applied research, and re- universities (7 U.S.C. 7612(b), (c), and lated community development pro- (d)). grams (7 U.S.C. 3241). (121) Establish procedures that pro- (108)–(109) [Reserved] vide for scientific peer review of each (110) Coordinate the development and agricultural research grant adminis- carrying out by Department agencies tered on a competitive basis, and for of all matters and functions pertaining relevancy and merit review of each ag- to agricultural research conducted or ricultural research, extension, or edu- funded by the Department involving cation grant administered on a com- biotechnology, including the develop- petitive basis, by the National Insti- ment and implementation of guidelines tute of Food and Agriculture (7 U.S.C. for oversight of research activities, 7613(a)). acting as liaison on all matters and (122) Consider the results of the an- functions pertaining to agricultural re- nual review performed by the National search in biotechnology between agen- Agricultural Research, Extension, Edu- cies within the Department and be- cation, and Economics Advisory Board tween the Department and other gov- regarding the relevance to priorities of ernmental, educational, or private or- the funding of all agricultural re- ganizations and carrying out any other search, extension, or education activi- activities authorized by (7 U.S.C. 3121). ties conducted or funded by the Depart- (111)–(112) [Reserved] ment and the adequacy of funding,

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when formulating each request for pro- ships with institutions of higher edu- posals, and evaluating proposals, in- cation and other institutions to help volving an agricultural research, ex- form stable, long-term programs to en- tension, or education activity funded, hance the biosecurity of the United on a competitive basis, by the Depart- States, to make competitive grants to ment; and solicit and consider input universities and qualified research in- from persons who conduct or use agri- stitutions for research on cultural research, extension, or edu- counterbioterrorism, and to counter or cation regarding the prior year’s re- otherwise respond to chemical or bio- quest for proposals for each activity logical attack (7 U.S.C. 3351). funded on a competitive basis (7 U.S.C. (134) Administer a program of com- 7613(c)). petitive grants to colleges and univer- (123) Require a procedure to be estab- sities for expansion and security up- lished by each 1862, 1890, and 1994 Insti- grades to enhance the security of agri- tution and Hispanic-serving agricul- culture against bioterrorism (7 U.S.C. tural college and university, for merit 3352). review of each agricultural research (135) Administer programs for dis- and extension activity funded and re- tance education grants and resident in- view of the activity in accordance with struction grants to eligible institutions the procedure (7 U.S.C. 7613(e)). in insular areas that have demon- (124)–(127) [Reserved] strable capacity to carry out teaching (128) Administer competitive grants and extension programs in the food and for integrated, multifunctional agricul- agricultural sciences (7 U.S.C. 3361– tural research, education, and exten- 3363). sion activities (7 U.S.C. 7626). (136) Administer a program of cooper- (129) Operate and administer the ative research (including through com- Food Animal Residue Avoidance Data- petitive award of grants and coopera- base through contracts, grants, or co- tive agreements to colleges and univer- operative agreements with appropriate sities) and extension projects on carbon colleges or universities (7 U.S.C. 7642). (130) Develop a national program of cycling in soils and plants, the ex- safe food handling education for adults change of other greenhouse gases from and young people to reduce the risk of agriculture, and the carbon sequestra- food-borne illness (7 U.S.C. 7655). tion benefits of conservation practices (131) Cooperate with other Federal (7 U.S.C. 6711). agencies (including the National (137) In consultation with the Sec- Science Foundation) in issuing joint retary of Energy, administer competi- requests for proposals, awarding tive grants to provide education about grants, and administering grants under carbon utilization and biogas (7 U.S.C. any competitive agricultural research, 8115). education, or extension grant program (138) Administer a program of grants (7 U.S.C. 3319b). to the Girl Scouts of the United States (132) Administer a program of com- of America, the Boy Scouts of America, petitive grants, establish education the National 4-H Council, and the Na- teams, and establish an online clear- tional FFA Organization to establish inghouse of curricula and training ma- pilot projects to expand the programs terials and programs, all for training, carried out by the organizations in education, outreach, and technical as- rural areas and small towns (7 U.S.C. sistance initiatives for the benefit of 7630). beginning farmers and ranchers (7 (139) Oversee implementation of the U.S.C. 2279(d)). termination of Federal schedule A civil (133) Administer agricultural re- service appointments of State agricul- search, education, and extension ac- tural extension employees at land- tivities (including through competitive grant colleges and universities (section grants), using any authority available 7220 of Pub. L. 107–171). to the Secretary, to reduce the vulner- (140) Administer and direct a pro- ability of the United States food and gram of grants to the Food and Agri- agricultural system to chemical or bio- cultural Policy Research Institute (sec- logical attack, to continue partner- tion 10805 of Pub. L. 107–171).

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(141) Formulate and carry out the to improve the farm management Veterinary Medicine Loan Repayment knowledge and skills of agricultural Act program authorized by the Na- producers and establish and maintain a tional Veterinary Medical Service Act national, publicly available farm finan- (7 U.S.C. 3151a). cial management database to support (142) Administer grants to assist the improved farm management (7 U.S.C. land-grant university in the District of 5925f). Columbia to acquire, alter, or repair fa- (149) Administer the Specialty Crop cilities or relevant equipment nec- Research Initiative (7 U.S.C. 7632). essary for conducting agricultural re- (150) Administer a competitive re- search (7 U.S.C. 3222b–1). search and education grants program (143) Administer grants to assist the relating to antibiotics and antibiotic- land-grant colleges and universities in resistant bacteria (7 U.S.C. 3202). insular areas to acquire, alter, or re- (151) Administer a competitive grants pair facilities or relevant equipment program to establish and maintain a necessary for conducting agricultural Farm and Ranch Stress Assistance research; and to support tropical and Network (7 U.S.C. 5936). subtropical agricultural research, in- (152) Administer a competitive grant cluding pest and disease research (7 program to support the development U.S.C. 3222b–2). and expansion of advanced training (144) Enter into agreements nec- programs in agricultural biosecurity essary to administer an Hispanic–Serv- planning and response for food science ing Agricultural Colleges and Univer- professionals and veterinarians (7 sities Fund; enter into agreements nec- U.S.C. 8913). essary to administer a program of making annual payments to Hispanic- (153) Administer a Sun Grants Pro- serving agricultural colleges and uni- gram (7 U.S.C. 8114). versities; administer an institutional (154)–(155) [Reserved] capacity-building grants program for (156) Administer the Biomass Re- Hispanic-serving agricultural colleges search and Development Initiative (7 and universities; administer a competi- U.S.C. 8108(e)); consult and coordinate, tive grants program to fund funda- as appropriate, with the Under Sec- mental and applied research and exten- retary for Rural Development and sion at Hispanic-serving agricultural other mission areas of the Department colleges and universities and to award as deemed necessary in carrying out competitive grants to Hispanic-serving the authorities delegated herein. agricultural colleges and universities (157) Administer a competitive grants to provide for training in the food and program to encourage basic and applied agricultural sciences of Hispanic agri- research and the development of quali- cultural workers and Hispanic youth fied agricultural countermeasures (7 working in the food and agricultural U.S.C. 8921). sciences (7 U.S.C. 3243). (158) Administer a competitive grants (145) Administer the New Era Rural program to promote the development Technology Program to make grants of teaching programs in agriculture, for technology development, applied veterinary medicine, and disciplines research, and training to aid in the de- closely allied to the food and agri- velopment of an agriculture-based re- culture system to increase the number newable energy workforce (7 U.S.C. of trained individuals with an expertise 3319e). in agricultural biosecurity (7 U.S.C. (146) Administer a competitive grants 8922). program to assist NLGCA Institutions (159) Administer a program of pro- in maintaining and expanding capacity viding grants to Alaska Native serving to conduct education, research, and institutions and Native Hawaiian serv- outreach activities relating to agri- ing institutions for the purpose of pro- culture, renewable resources, and other moting and strengthening the ability similar disciplines (7 U.S.C. 3319i). of those institutions to carry out edu- (147) [Reserved] cation, applied research, and related (148) Administer a competitive re- community development programs (7 search and extension grants program U.S.C. 3156).

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(160) Administer a competitive grant U.S. food and agriculture system, in- program for national food safety train- cluding general economic analyses of ing, education, extension, outreach, the international financial and mone- and technical assistance (7 U.S.C. 7625). tary aspects of agricultural affairs; (161) Enter into agreements with and (iv) Natural resources, including receive funds from any State, other po- studies of the use and management of litical subdivision, organization, or in- land and water resources, the quality dividual for the purpose of conducting of these resources, resource institu- cooperative research projects (7 U.S.C. tions, and watershed and river basin 450a). development problems; and (162) Administer a food insecurity nu- (v) Rural people and communities, as trition incentive program (7 U.S.C. authorized by title II of the Agricul- 7517). tural Marketing Act of 1946, as amend- (163) Administer a food and agri- ed (7 U.S.C. 1621–1627), and the Act of culture service learning grant program June 29, 1935, as amended (7 U.S.C. 427). (7 U.S.C. 7633). (3) [Reserved] (164) Administer a veterinary services (4) Investigate and make findings as grant program (7 U.S.C. 3151b). to the effect upon the production of (165) Administer a forestry and for- food and upon the agricultural econ- estry products research and extension omy of any proposed action pending be- initiative (7 U.S.C. 7655b). fore the Administrator of the Environ- (b) [Reserved] mental Protection Agency for presen- [60 FR 56393, Nov. 8, 1995, as amended at 62 tation in the public interest, before FR 65595, Dec. 15, 1997; 65 FR 5417, Feb. 4, said Administrator, other agencies, or 2000; 68 FR 27445, May 20, 2003; 72 FR 12701, before the courts. Mar. 19, 2007; 74 FR 3409, Jan. 21, 2009; 75 FR (5) Review economic data and anal- 43381, July 23, 2010; 76 FR 4803, Jan. 27, 2011; yses used in speeches by Department 76 FR 52852, Aug. 24, 2011; 77 FR 40249, July 9, 2012; 79 FR 44115, July 30, 2014; 83 FR 61314, personnel and in materials prepared for Nov. 29, 2018; 85 FR 65520, Oct. 15, 2020] release through the press, radio and television. § 2.67 Administrator, Economic Re- (6) Cooperate and work with national search Service. and international institutions and (a) Delegations. Pursuant to § 2.21 other persons throughout the world in (a)(3), (a)(8) and (a)(9), subject to res- the performance of agricultural re- ervations in § 2.21(b)(2), the following search and extension activities to pro- delegations of authority are made by mote and support the development of a the Under Secretary for Research, Edu- viable and sustainable global agricul- cation, and Economics to the Adminis- tural system. Such work may be car- trator, Economic Research Service: ried out by: (1) Conduct economic research on (i) Exchanging research materials matters of importance to cooperatives and results with the institutions or as authorized by the Agricultural Mar- persons; keting Act of 1946 (7 U.S.C. 1621–1627). (ii) Engaging in joint or coordinated (2) Conduct economic and social research; science research and analyses relating (iii) Entering into cooperative ar- to: rangements with Departments and (i) Food and agriculture situation Ministries of Agriculture in other na- and outlook; tions to conduct research, extension; (ii) The production, marketing, and and education activities (limited to ar- distribution of food and fiber products rangements either involving no ex- (excluding forest and forest products), change of funds or involving disburse- including studies of the performance of ments by the agency to the institu- the food and agricultural sector of the tions of other nations), and then re- economy in meeting needs and wants of porting these arrangements to the consumers; Under Secretary for Research, Edu- (iii) Basic and long-range, worldwide, cation, and Economics; economic analyses and research on sup- (iv) Stationing representatives at ply, demand, and trade in food and such institutions or organizations in fiber products and the effects on the foreign countries; or

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(v) Entering into agreements with funding of all agricultural research, ex- land-grant colleges and universities, tension, or education activities con- other organizations, institutions, or in- ducted or funded by the Department dividuals with comparable goals, and and the adequacy of funding, when for- with the concurrence of the Office of mulating each request for proposals, International Cooperation and Devel- and evaluating proposals, involving an opment, USDA, international organiza- agricultural research, extension, or tions (limited to agreements either in- education activity funded, on a com- volving no exchange of funds or involv- petitive basis, by the Department; and ing disbursements by the agency to the solicit and consider input from persons cooperator), and then reporting these who conduct or use agricultural re- agreements to the Under Secretary for search, extension, or education regard- Research, Education, and Economics (7 ing the prior year’s request for pro- U.S.C. 3291(a)). (7) [Reserved] posals for each activity funded on a (8) Administer responsibilities and competitive basis (7 U.S.C. 7613(c)). functions assigned under the Defense (17) Establish procedures that ensure Production Act of 1950, as amended (50 scientific peer review of all research U.S.C. App. 2061 et seq.), and title VI of activities conducted by the Economic the Robert T. Stafford Disaster Relief Research Service (7 U.S.C. 7613(d)). and Emergency Assistance Act (42 (18) Include in each issuance of pro- U.S.C. 5195 et seq.), concerning esti- jections of net farm income an esti- mates of supplies of agricultural com- mate of the net farm income earned by modities and evaluation of require- commercial producers in the United ments therefor; food and agricultural States that will in addition show the aspects of economic stabilization and estimate of net farm income attrib- economic research; and coordination of utable to commercial producers of live- energy programs. stock, loan commodities, and agricul- (9) Enter into contracts, grants, or tural commodities other than loan cooperative agreements to further re- commodities (7 U.S.C. 7998). search programs in the food and agri- (19) Conduct surveys and analysis and cultural sciences (7 U.S.C. 3318). publish reports relating to organic pro- (10) Enter into cost-reimbursable duction, handling, distribution, retail, agreements relating to agricultural re- and trend studies (including consumer search (7 U.S.C. 3319a). (11) Represent the Department in purchasing patterns) (7 U.S.C. 5925c). international organizational activities (20) Ensure that studies carried out and on international technical com- by the Economic Research Service doc- mittees concerned with agricultural ument the number, location, and eco- science, education, and development nomic contributions of socially dis- activities, including library and infor- advantaged farmers or ranchers in ag- mation science activities. ricultural production (7 U.S.C. 2279(h)). (12) Facilitate access by research and (21) Enter into agreements with and extension professionals, farmers, and receive funds from any State, other po- other interested persons in the United litical subdivision, organization, or in- States to, and the use by those persons dividual for the purpose of conducting of, organic research conducted outside cooperative research projects (7 U.S.C. the United States (7 U.S.C. 5925d). 450a). (13)–(14) [Reserved] (22) Coordinate implementation of (15) Solicit and consider input and section 10016 of the Agricultural Act of recommendations from persons who 2014 regarding locally or regionally conduct or use agricultural research, produced agricultural food products (7 extension, or education (7 U.S.C. U.S.C. 2204h). 7612(b)). (16) Consider the results of the an- (b) Reservation. The following author- nual review performed by the Agricul- ity is reserved to the Under Secretary tural Research, Extension, Education, and Economics Advisory Board regard- ing the relevance to priorities of the

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for Research, Education, and Econom- (5) Enter into contracts, grants, or ics: Review all proposed decisions hav- cooperative agreements to further re- ing substantial economic policy impli- search and statistical reporting pro- cations. grams in the food and agricultural sciences (7 U.S.C. 3318). [60 FR 56393, Nov. 8, 1995, as amended at 62 FR 65596, Dec. 15, 1997; 64 FR 40736, July 28, (6) Enter cost-reimbursable agree- 1999; 65 FR 5418, Feb. 4, 2000; 68 FR 27446, May ments relating to agricultural research 20, 2003; 74 FR 3410, Jan. 21, 2009; 79 FR 44116, and statistical reporting (7 U.S.C. July 30, 2014] 3319a). (7) Cooperate and work with national § 2.68 Administrator, National Agricul- and international institutions and tural Statistics Service. other persons throughout the world in (a) Delegations. Pursuant to § 2.21 the performance of agricultural re- (a)(3) and (a)(8), subject to reservations search and extension activities to pro- in § 2.21(b)(2), the following delegations mote and support the development of a of authority are made by the Under viable and sustainable global agricul- Secretary for Research, Education, and tural system. Such work may be car- Economics to the Administrator, Na- ried out by: tional Agricultural Statistics Service: (i) Exchanging research materials (1) Prepare crop and livestock esti- and results with the institutions or mates and administer reporting pro- persons; grams, including estimates of produc- (ii) Engaging in joint or coordinated tion, supply, price, and other aspects of research; the U.S. agricultural economy, collec- (iii) Entering into cooperative ar- tion of statistics, conduct of enumera- rangements with Departments and tive and objective measurement sur- Ministries of Agriculture in other na- veys, construction and maintenance of tions to conduct research, extension, sampling frames, and related activi- and education activities (limited to ar- ties. Prepare reports of the Agricul- rangements either involving no ex- tural Statistics Board of the Depart- change of funds or involving disburse- ment of Agriculture covering official ments by the agency to the institu- state and national estimates (7 U.S.C. tions of other nations), and then re- 476, 951, and 2204). porting these arrangements to the (2) Take such security precautions as Under Secretary for Research, Edu- are necessary to prevent disclosure of cation, and Economics; crop or livestock report information (iv) Stationing representatives at prior to the scheduled issuance time such institutions or organizations in approved in advance by the Secretary foreign countries; or of Agriculture and take such actions as (v) entering into agreements with are necessary to avoid disclosure of land-grant colleges and universities, confidential data or information sup- other organizations, institutions, or in- plied by any person, firm, partnership, dividuals with comparable goals, and, corporation, or association (18 U.S.C. with the concurrence of the Foreign 1902, 1905, and 2072). Agricultural Service, international or- (3) Improve statistics in the Depart- ganizations (limited to agreements ei- ment; maintain liaison with OMB and ther involving no exchange of funds or other Federal agencies for coordination involving disbursements by the agency of statistical methods and techniques. to the cooperator), and then reporting (4) Administer responsibilities and these agreements to the Under Sec- functions assigned under the Defense retary for Research, Education, and Production Act of 1950, as amended (50 Economics (7 U.S.C. 3291(a)). U.S.C. App. 2061 et seq.), and title VI of (8) Represent the Department in the Robert T. Stafford Disaster Relief international organizational activities and Emergency Assistance Act (42 and on international technical com- U.S.C. 5195 et seq.), concerning coordi- mittees concerned with agricultural nation of damage assessment; and food science, education, and development and agricultural aspects of agricultural activities, including library and infor- statistics. mation science activities.

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(9) Take a census of agriculture in (1) Provide to the Under Secretary 1998 and every fifth year thereafter (Chief Scientist of the Department) in- pursuant to the Census of Agriculture formation on topics that can benefit Act of 1997, Public Law 105–113 (7 U.S.C. from scientific input to ensure in- 2204g); ensure that the census of agri- formed decision-making at the highest culture documents the number, loca- levels of Government. tion, and economic contributions of so- (2) Assist the Chief Scientist with fa- cially disadvantaged farmers or ranch- cilitating the coordination and collabo- ers in agricultural production (7 U.S.C. ration within the Department on high 2279(h)). priority science issues that will benefit (10) Develop surveys and report sta- from intra-Departmental collabora- tistical analysis on organically pro- tion, including coordinating the assess- duced agricultural products (7 U.S.C. ment of the relevance, quality, per- 5925c). formance, and impact of the Depart- (11) Assist the Administrator, Agri- ment’s efforts in science. cultural Marketing Service with re- (3) Assist the Chief Scientist with spect to Dairy Product Mandatory Re- building partnerships within the sci- porting (7 U.S.C. 1637–1637b). entific community and with the Chief Scientist’s role as point of contact for (12) Enter into agreements with and interactions with other agencies of receive funds from any State, other po- science, universities, and other exter- litical subdivision, organization, or in- nal members of the scientific commu- dividual for the purpose of conducting nity for the purpose of leveraging and cooperative research projects, includ- promoting relationships to explore ing agricultural statistical survey ac- common scientific interests and shared tivities (7 U.S.C. 450a). goals. (13) Assist the Administrator, Eco- (4) Assist the Chief Scientist with de- nomic Research Service with imple- veloping mechanisms to address sci- menting section 10016 of the Agricul- entific integrity within the Depart- tural Act of 2014 regarding locally or ment. regionally produced agricultural food (5) [Reserved] products (7 U.S.C. 2204h). (6) Assist the Chief Scientist in car- (14) Collect and, not less frequently rying out sections 251(c)(2) and 251(d)(2) than once every 3 years report, data of the Department of Agriculture Reor- and analysis on farmland ownership, ganization Act of 1994 (7 U.S.C. tenure, transition, and entry of begin- 6971(c)(2), (d)(2)) by exercising the du- ning farmers and ranchers and socially ties set forth in section 25 l(e)(3)(E) of disadvantaged farmers and ranchers (7 that Act (7 U.S.C. 6971(e)(3)(E)) through U.S.C. 2204i). a series of divisions organized by the (b) Reservation. The following author- following focus areas: ity is reserved to the Under Secretary (i) Renewable energy, natural re- for Research, Education, and Econom- sources, and environment; ics: Review all proposed decisions hav- (ii) Food safety, nutrition, and ing substantial economic policy impli- health; cations. (iii) Plant health and production and plant products; [60 FR 56393, Nov. 8, 1995, as amended at 62 FR 65596, Dec. 15, 1997; 65 FR 5418, Feb. 4, (iv) Animal health and production 2000; 68 FR 27446, May 20, 2003; 74 FR 3410, and animal products; Jan. 21, 2009; 77 FR 40250, July 9, 2012; 79 FR (v) Agricultural systems and tech- 44116, July 30, 2014; 85 FR 65521, Oct. 15, 2020] nology; and (vi) Agricultural economics and rural § 2.69 Director, Office of the Chief Sci- communities. entist. (b) The divisions will be headed by (a) Delegations. Pursuant to Division Chiefs/Senior Advisors (or a § 2.21(a)(11) and (a)(12), the following similar title), and will be known collec- delegations of authority are made by tively as the Office of the Chief Sci- the Under Secretary for Research, Edu- entist. cation, and Economics to the Director, [76 FR 10756, Feb. 28, 2011, as amended at 85 Office of the Chief Scientist. FR 65521, Oct. 15, 2020]

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Subpart L—Delegations of (ii) Oversee and clear for consistency Authority by the Chief Economist analytical assumptions and results of all estimates and analyses which sig- § 2.70 Deputy Chief Economist. nificantly relate to international and Pursuant to § 2.29, the following dele- domestic commodity supply and de- gation of authority is made by the mand, including such estimates and Chief Economist to the Deputy Chief analyses prepared for public distribu- Economist, to be exercised only during tion by the Foreign Agricultural Serv- the absence or unavailability of the ice, the Economic Research Service, or Chief Economist: Perform all the du- by any other agency or office of the De- ties and exercise all the powers which partment. are now or which may hereafter be del- (2) Related to weather and climate. (i) egated to the Chief Economist. Advise the Secretary on climate and weather activities, and coordinate the § 2.71 Director, Office of Risk Assess- development of policy options on ment and Cost-Benefit Analysis. weather and climate. (a) Delegations. Pursuant to (ii) Coordinate all weather and cli- § 2.29(a)(2), the following delegations of mate information and monitoring ac- authority are by the Chief Economist tivities within the Department and to the Director, Office of Risk Assess- provide a focal point in the Depart- ment and Cost-Benefit Analysis: ment for weather and climate informa- (1) Responsible for assessing the risks tion and impact assessment. to human health, human safety, or the (iii) Arrange for appropriate rep- environment, and for preparing cost- resentation to attend all meetings, benefit analyses, with respect to pro- hearings, and task forces held outside posed major regulations, and for pub- the Department which require such lishing such assessments and analyses representation. in the FEDERAL REGISTER as required (iv) Designate the Executive Sec- by section 304 of the Department of Ag- retary of the USDA Weather and Cli- riculture Reorganization Act of 1994 (7 U.S.C. 2204e) mate Program Coordinating Com- (2) Provide direction to Department mittee. agencies in the appropriate methods of (v) Coordinate with the Director of risk assessment and cost-benefit anal- the National Drought Mitigation Cen- yses and coordinate and review all risk ter and the Administrator of the Na- assessments and cost-benefit analyses tional Oceanic and Atmospheric Ad- prepared by any agency of the Depart- ministration to enhance the collection ment. of data to improve the accuracy of the (b) Reservation. The following author- United States Drought Monitor (7 ity is reserved to the Chief Economist: U.S.C. 5856). Review all proposed decisions having (3) Related to interagency commodity substantial economic policy implica- estimates committees. (i) Establish Inter- tions. agency Commodity Estimates Commit- tees for Commodity Credit Corporation [60 FR 56393, Nov. 8, 1995, as amended at 63 FR 66979, Dec. 4, 1998; 78 FR 40938, July 9, price-supported commodities, for major 2013] products thereof, and for commodities where a need for such a committee has § 2.72 Chairman, World Agricultural been identified, in order to bring to- Outlook Board. gether estimates and supporting anal- (a) Delegations. Pursuant to § 2.29 yses from participating agencies, and (a)(3) through (a)(7), the following dele- to develop official estimates of supply, gations of authority are made by the utilization, and prices for commodities, Chief Economist to the Chairman, including the effects of new program World Agricultural Outlook Board: proposals on acreage, yield, production, (1) Related to food and agriculture out- imports, domestic utilization, price, in- look and situation. (i) Coordinate and come, support programs, carryover, ex- review all crop and commodity data ports, and availabilities for export. used to develop outlook and situation (ii) Designate the Chairman, who material within the Department. shall also act as Secretary, for all

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Interagency Commodity Estimates ecutive Orders, including those involv- Committees. ing testimony and reports on legisla- (iii) Assure that all committee mem- tive proposals. bers have the basic assumptions, back- (2) Providing Departmental oversight ground data and other relevant data re- and coordination with respect to re- garding the overall economy and mar- sources available for energy and en- ket prospects for specific commodities. ergy-related activities, including funds (iv) Review for consistency of analyt- transferred to USDA from departments ical assumptions and results all pro- and agencies of the Federal govern- posed decisions made by Commodity ment pursuant to interagency agree- Estimates Committees prior to any re- ments. lease outside the Department. (3) Representing the Chief Economist (4) [Reserved] at conferences, meetings, and other (5) Related to long-range commodity contacts where energy matters are dis- and agricultural-sector projections. Es- cussed, including liaison with the De- tablish committees of the agencies of partment of Energy, the Environ- the Department to coordinate the de- mental Protection Agency, and other velopment of a set of analytical as- governmental departments and agen- sumptions and long-range agricultural- cies. sector projections (2 years and beyond) (4) Providing the Chief Economist based on commodity projections con- with such assistance as requested to sistent with these assumptions and co- perform the duties delegated to the Di- ordinated through the Interagency rector concerning energy and new uses. Commodity Estimates Committees. (5) Working with the Office of the As- (b) Reservation. The following author- sistant Secretary for Congressional Re- ity is reserved to the Chief Economist: lations to maintain Congressional and Review all proposed decisions having public contacts in energy matters, in- substantial economic policy implica- cluding development of legislative pro- tions. posals, preparation of reports on legis- [60 FR 56393, Nov. 8, 1995, as amended at 77 lation pending in congress, appearances FR 14952, Mar. 14, 2012; 78 FR 40938, July 9, before Congressional committees, and 2013; 85 FR 65521, Oct. 15, 2020] related activities. (6) These delegations exclude the en- § 2.73 Director, Office of Energy and ergy management actions related to Environmental Policy. the internal operations of the Depart- (a) Delegations. Pursuant to ment as delegated to the Assistant Sec- § 2.29(a)(11) through (13) the following retary for Administration. delegations of authority are made by (7) Conduct a program on the eco- the Chief Economist to the Director, nomic feasibility of new uses of agri- Office of Energy and Environmental cultural products. Assist agricultural Policy. researchers by evaluating the economic (1) Providing Department leadership and market potential of new agricul- in: tural products in the initial phase of (i) Analyzing and evaluating existing development and contributing to and proposed energy policies and strat- prioritization of the Departmental re- egies, including those regarding the al- search agenda. location of scarce resources; (8) Administer a competitive bio- (ii) Developing energy policies and diesel fuel education grants program (7 strategies, including those regarding U.S.C. 8106). the allocation of scarce resources; (9) Implement a memorandum of un- (iii) Reviewing and evaluating De- derstanding with the Secretary of En- partmental energy and energy-related ergy regarding cooperation in the ap- programs and program progress; plication of hydrogen and fuel cell (iv) Developing agricultural and technology programs for rural commu- rural components of national energy nities and agricultural producers. policy plans; (10) Related to global climate change. (i) (v) Preparing reports on energy and Coordinate policy analysis, long-range energy-related policies and programs planning, research, and response strat- required under and Ex- egies relating to climate change issues.

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(ii) Provide liaison with other Fed- of authority are made by the Chief eral agencies, through the Office of Economist to the Director, Office of Science and Technology Policy, regard- Pest Management Policy: ing climate change issues. (1) Coordinate USDA policy relative (iii) Inform the Department of sci- to the Federal Insecticide, Fungicide, entific developments and policy issues and Rodenticide Act, as amended (7 relating to the effects of climate U.S.C. 136, et seq.) and coordinate the change on agriculture and forestry, in- Department’s Integrated Pest Manage- cluding broader issues that affect the ment Programs and the Pesticide As- impact of climate change on the farms sessment Program (7 U.S.C. 136–136y) (7 and forests of the United States. U.S.C. 7653). (iv) Recommend to the Chief Econo- (2) Conduct a multiple crop and pes- mist alternative courses of action with ticide use survey as authorized by sec- which to respond to such scientific de- tion 10109 of the Agricultural Improve- velopments and policy issues. ment Act of 2018. (v) Ensure that recognition of the po- (b) [Reserved] tential for climate change is fully inte- grated into the research, planning, and [83 FR 61314, Nov. 29, 2018, as amended at 85 decisionmaking processes of the De- FR 65521, Oct. 15, 2020] partment. (vi) Coordinate global climate change Subpart M [Reserved] studies. (vii) Coordinate the participation of Subpart N—Delegations of Author- the Department in interagency cli- ity by the Under Secretary for mate-related activities. Marketing and Regulatory (viii) Consult with the National Programs Academy of Sciences and private, aca- demic, State, and local groups with re- § 2.77 Deputy Under Secretary for spect to climate research and related Marketing and Regulatory Pro- activities. grams. (ix) Represent the Department to the Pursuant to § 2.22(a), subject to res- Office of Science and Technology Pol- ervations in § 2.22(b), and subject to icy on issues related to climate change. policy guidance and direction by the (x) Represent the Department on the Under Secretary, the following delega- Intergovernmental Panel on Climate tion of authority is made by the Under Change. Secretary for Marketing and Regu- (xi) Review all Department budget latory Programs to the Deputy Under items relating to climate change Secretary for Marketing and Regu- issues, including specifically the re- latory Programs, to be exercised only search budget to be submitted by the during the absence or unavailability of Secretary to the Office of Management the Under Secretary: Perform all the and Budget. duties and exercise all the powers (11) Related to environmental markets. which are now or which may hereafter Coordinate implementation of section be delegated to the Under Secretary for 1245 of the Food Security Act of 1985 re- Marketing and Regulatory Programs: garding environmental services mar- Provided, that this authority shall be kets (16 U.S.C. 3845). exercised by the respective Deputy (b) [Reserved] Under Secretary in the order in which [64 FR 40736, July 28, 1999, as amended at 68 he or she has taken office as a Deputy FR 27446, May 20, 2003; 74 FR 3410, Jan. 21, Under Secretary. 2009; 79 FR 44116, July 30, 2014; 83 FR 61314, Nov. 29, 2018] [75 FR 79950, Dec. 21, 2010]

§ 2.74 [Reserved] § 2.79 Administrator, Agricultural Mar- keting Service. § 2.75 Director, Office of Pest Manage- (a) Delegations. Pursuant to ment Policy. § 2.22(a)(1), (a)(5) and (a)(8), subject to (a) Delegations. Pursuant to reservations in § 2.22(b)(1), the fol- § 2.29(a)(16), the following delegations lowing delegations of authority are

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made by the Under Secretary for Mar- (i) U.S. Cotton Standards Act (7 keting and Regulatory Programs to the U.S.C. 51–65); Administrator, Agricultural Marketing (ii) Cotton futures provisions of the Service: Internal Revenue Code of 1954 (26 (1) Exercise the functions of the Sec- U.S.C. 4854, 4862–4865, 4876, and 7263); retary of Agriculture contained in the (iii) Cotton Statistics and Estimates Agricultural Marketing Act of 1946, as Act, as amended (7 U.S.C. 471–476), ex- amended (7 U.S.C. 1621 et seq.), includ- cept as otherwise assigned; ing payments to State Departments of (iv) [Reserved] Agriculture in connection with cooper- (v) Naval Stores Act (7 U.S.C. 91–99); ative marketing service projects under (vi) Tobacco Inspection Act (7 U.S.C. section 204(b) (7 U.S.C. 1623(b)), but ex- 511–511q); cepting matters otherwise assigned. (vii) Wool Standards Act (7 U.S.C. (2) Conduct marketing efficiency re- 415–415d); search and development activities di- (viii) Agricultural Marketing Agree- rectly applicable to the conduct of the ment Act of 1937, as amended (7 U.S.C. Wholesale Market Development Pro- 601, 602, 608a-608e, 610, 612, 614, 624, 671– gram, specifically: 674); (i) Studies of facilities and methods (ix) Cotton Research and Promotion used in physical distribution of food Act (7 U.S.C. 2101–2118), except as speci- and other farm products; fied in § 2.43(a)(24); (ii) Studies designed to improve han- (x) Export Apple and Pear Act (7 dling of all agricultural products as U.S.C. 581–590); they are moved from farms to con- (xi) Export Grape and Plum Act (7 sumers; and U.S.C. 591–599); (iii) Application of presently avail- (xii) Titles I, II, IV, and V of the Fed- able scientific knowledge to the solu- eral Seed Act, as amended (7 U.S.C. tion of practical problems encountered 1551–1575, 1591–1611); in the marketing of agricultural prod- (xiii) Perishable Agricultural Com- ucts (7 U.S.C. 1621–1627b). modities Act (7 U.S.C. 499a-499s); (3) Exercise the functions of the Sec- (xiv) Produce Agency Act (7 U.S.C. retary of Agriculture relating to the 491–497); transportation activities contained in (xv) Tobacco Seed and Plant Expor- section 203(j) of the Agricultural Mar- tation Act (7 U.S.C. 516–517); keting Act of 1946 (7 U.S.C. 1622(j)) as (xvi) [Reserved] amended, but excepting matters other- (xvii) Tobacco Statistics Act (7 wise assigned. U.S.C. 501–508); (4) Administer transportation activi- (xviii)–(xxi) [Reserved] ties under section 201 of the Agricul- (xxii) Section 401(a) of the Organic tural Adjustment Act of 1938 (7 U.S.C. Act of 1944 (7 U.S.C. 415e); 1291). (xxiii) Agricultural Fair Practices (5) Apply results of economic re- Act (7 U.S.C. 2301–2306); search and operations analysis to (xxiv) Wheat Research and Pro- evaluate transportation issues and to motion Act (7 U.S.C. 1292 note), except recommend revisions of current proce- as specified in § 2.43(a)(24); dures. (xxv) Plant Variety Protection Act (7 (6) Serve as the focal point for all De- U.S.C. 2321–2331, 2351–2357, 2371- 2372, partment transportation matters in- 2401–2404, 2421–2427, 2441–2443, 2461–2463, cluding development of policies and 2481–2486, 2501–2504, 2531–2532, 2541–2545, strategies. 2561–2569, 2581–2583), except as delegated (7) Cooperate with other Depart- to the Judicial Officer; mental agencies in the development (xxvi) Subtitle B of title I and section and recommendation of policies and 301(4) of the Dairy and Tobacco Adjust- programs for inland transportation of ment Act of 1983 (7 U.S.C. 4501–4513, USDA and CCC-owned commodities in 4514(4)), except as specified in connection with USDA programs. § 2.43(a)(24); (8) Exercise the functions of the Sec- (xxvii) Potato Research and Pro- retary of Agriculture contained in the motion Act (7 U.S.C. 2611–2627), except following legislation: as specified in § 2.43(a)(24);

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(xxviii)–(xxx) [Reserved] pesticide residue analysis in fruits and (xxxi) Egg Research and Consumer vegetables and other agricultural com- Information Act (7 U.S.C. 2701–2718), ex- modities, except those laboratories cept as delegated in § 2.43(a)(24); analyzing only meat and poultry prod- (xxxii) Beef Research and Informa- ucts; tion Act, as amended, (7 U.S.C. 2901– (xlvi) Pecan Promotion and Research 2918), except as delegated in Act of 1990 (7 U.S.C. 6001–6013), except §§ 2.42(a)(29) and 2.43(a)(24); as specified in § 2.43(a)(24); (xxxiii) Wheat and Wheat Foods Re- (xlvii) Mushroom Promotion, Re- search and Nutrition Education Act (7 search, and Consumer Information Act U.S.C. 3401–3417), except as delegated in of 1990 (7 U.S.C. 6101–6112), except as § 2.43(a)(24); specified in § 2.43(a)(24); (xxxiv) Egg Products Inspection Act (xlviii) Lime Research, Promotion, relating to the shell egg surveillance and Consumer Information Act of 1990 program, voluntary laboratory anal- (7 U.S.C. 6201–6212), except as specified yses of egg products, and the voluntary in § 2.43(a)(24); egg grading program (21 U.S.C. 1031– (xlix) Soybean Promotion, Research, 1056); and Consumer Information Act (7 (xxxv) Section 32 of the Act of Au- U.S.C. 6301–6311), except as specified in gust 24, 1935 (7 U.S.C. 612c), as supple- § 2.43(a)(24); mented by the Act of June 28, 1937 (15 (l) Fluid Milk Promotion Act of 1990 U.S.C. 713c), and related legislation, ex- (7 U.S.C. 6401–6417), except as specified cept functions which are otherwise as- in § 2.43(a)(24); signed relating to the domestic dis- (li) Producer Research and Pro- tribution and donation of agricultural motion Board Accountability (104 Stat. commodities and products thereof fol- 3927); lowing the procurement thereof; (lii) Consistency with International (xxxvi) Procurement of agricultural Obligations of the United States (7 commodities and other foods under sec- U.S.C. 2278); tion 6 of the National School Lunch (liii) Organic Foods Production Act Act of 1946, as amended (42 U.S.C. 1755); of 1990 (7 U.S.C. 6501–6522) provided that (xxxvii) [Reserved] the Administrator, Agricultural Mar- (xxxviii) Act of May 23, 1908, regard- keting Service, will enter into agree- ing inspection of dairy products for ex- ments, as necessary, with the Adminis- port (21 U.S.C. 693); trator, Food Safety and Inspection (xxxix) The Pork Promotion, Re- Service, to provide inspection services; search, and Consumer Information Act (liv) Pesticide Recordkeeping (7 of 1985 (7 U.S.C. 4801–4819), except as U.S.C. 136i–l) with the provision that specified in § 2.43(a)(24); the Administrator, Agricultural Mar- (xl) The Watermelon Research and keting Service, will enter into agree- Consumer Information Act (7 U.S.C. ments, as necessary, with other Fed- 4901–4616), except as specified in eral agencies; § 2.43(a)(24); (lv) The International Carriage of (xli) The Honey Research, Pro- Perishable Foodstuffs Act (7 U.S.C. motion, and Consumer Information Act 4401–4406); (7 U.S.C. 4601–4612), except as specified (lvi) The Sheep Promotion, Research, in § 2.43(a)(24); and Information Act (7 U.S.C. 7101– (xlii) Subtitles B and C of the Dairy 7111), except as specified in § 2.43(a)(24); Production Stabilization Act of 1983, as and amended (7 U.S.C. 4501–4513, 4531–4538); (lvii) The Fresh Cut Flowers and (xliii) The Floral Research and Con- Fresh Cut Greens Promotion and Con- sumer Information Act (7 U.S.C. 4301– sumer Information Act (7 U.S.C. 6801– 4319), except as specified in § 2.43(a)(24); 6814), except as specified in § 2.43(a)(24). (xliv) Section 213 of the Tobacco Ad- (lviii) Commodity Promotion and justment Act of 1983, as amended (7 Evaluation (7 U.S.C. 7401); U.S.C. 511r); (lix) Commodity Promotion, Re- (xlv) National Laboratory Accredita- search, and Information Act of 1996 (7 tion Program (7 U.S.C. 138–138i) with U.S.C. 7411–7425), except as specified in respect to laboratories accredited for § 2.43(a)(24);

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(lx) The Canola and Rapeseed Re- (lxxix) Section 506 of the Trade and search, Promotion, and Consumer In- Development Act of 2000 (7 U.S.C. 7101 formation Act (7 U.S.C. 7441–7452), ex- note). cept as specified in § 2.43(a)(24); (lxxx) Section 12513 of the Agri- (lxi) The National Kiwifruit Re- culture Improvement Act of 2018 (7 search, Promotion, and Consumer In- U.S.C. 1632d). formation Act (7 U.S.C. 7461–7473), ex- (9) Furnish, on request, copies of pro- cept as specified in § 2.43(a)(24); and grams, pamphlets, reports, or other (lxii) The Popcorn Promotion, Re- publications for missions or programs search, and Consumer Information Act as may otherwise be delegated or as- (7 U.S.C. 7481–7491), except as specified signed to the Administrator, Agricul- in § 2.43(a)(24). tural Marketing Service and charge (lxiii) Local Agriculture Market Pro- user fees therefore, as authorized by gram (7 U.S.C. 1627c), in coordination section 1121 of the Agriculture and with the Administrator, Rural Busi- Food Act of 1981, as amended by sec- ness-Cooperative Service. tion 1769 of the Food Security Act of (lxiv) [Reserved] 1985, 7 U.S.C. 2242a. (lxv) Exemption of Certified Organic (10) [Reserved] Products from Assessment (7 U.S.C. (11) With respect to land and facili- 7401). ties under his or her authority, exer- (lxvi) Country of Origin Labeling (7 cise the functions delegated to the Sec- U.S.C. 1638–1638(d)). retary by Executive Order 12580, 3 CFR, (lxvii) Hass Avocado Promotion, Re- 1987 Comp., p. 193, under the following search, and Consumer Information Act provisions of the Comprehensive Envi- of 2000 (7 U.S.C. 7801–7813). ronmental Response, Compensation, (lxviii) Section 7407 of the Farm Se- and Liability Act of 1980 (‘‘the Act’’), curity and Rural Investment Act of as amended: 2002 (7 U.S.C. 5925c), with respect to the (i) Sections 104 (a), (b), and (c)(4) of collection and distribution of com- the Act (42 U.S.C. 9604 (a), (b), and prehensive reporting of prices relating (c)(4)), with respect to removal and re- to organically produced agricultural medial actions in the event of release products. or threatened release of a hazardous (lxix) Livestock Mandatory Report- substance, pollutant, or contaminant ing (7 U.S.C. 1635–1636i). into the environment; (lxx) Section 375 of the Consolidated (ii) Sections 104(e)–(h) of the Act (42 Farm and Rural Development Act (7 U.S.C. 9604(e)–(h)), with respect to in- U.S.C. 2008j). formation gathering and access re- (lxxi) Section 101 of the Specialty quests and orders; compliance with Crops Competitiveness Act of 2004 (7 Federal health and safety standards U.S.C. 1621 note). and wage and labor standards applica- (lxxii) Section 1502 of the Food, Con- ble to covered work; and emergency servation, and Energy Act of 2008 (7 procurement powers; U.S.C. 8772). (iii) Section 104(i)(11) of the Act (42 (lxxiii) Section 12108 of the Agri- U.S.C. 9604(i)(11)), with respect to the culture Improvement Act of 2018 (7 reduction of exposure to significant U.S.C. 1622 note). risk to human health; (lxxiv) Section 10105 of the Food, (iv) Section 104(j) of the Act (42 Conservation, and Energy Act of 2008 (7 U.S.C. 9604(j)), with respect to the ac- U.S.C. 7655a). quisition of real property and interests (lxxv) Section 10107 of the Food, Con- in real property required to conduct a servation, and Energy Act of 2008 (7 remedial action; U.S.C. 1622b). (v) The first two sentences of section (lxxvi) Section 4206 of the Agri- 105(d) of the Act (42 U.S.C. 9605(d)), culture Improvement Act of 2018 (7 with respect to petitions for prelimi- U.S.C. 7518). nary assessment of a release or threat- (lxxvii) Section 4213(c) of the Agricul- ened release; tural Act of 2014 (7 U.S.C. 1755b(c)). (vi) Section 105(f) of the Act (42 (lxxviii) Section 12306 of the Agricul- U.S.C. 9605(f)), with respect to consider- tural Act of 2014 (7 U.S.C. 1632c). ation of the availability of qualified

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minority firms in awarding contracts, to achieve and maintain compliance but excluding that portion of section with applicable pollution control 105(f) pertaining to the annual report standards established pursuant to the to Congress; following: (vii) Section 109 of the Act (42 U.S.C. (i) Solid Waste Disposal Act, as 9609), with respect to the assessment of amended by the Resource Conservation civil penalties for violations of section and Recovery Act, as further amended 122 of the Act (42 U.S.C. 9622), and the by the Hazardous and Solid Waste granting of awards to individuals pro- Amendments, and the Federal Facility viding information; Compliance Act (42 U.S.C. 6901 et seq.); (viii) Section 111(f) of the Act (42 (ii) Federal Water Pollution Preven- U.S.C. 9611(f)), with respect to the des- tion and Control Act, as amended (33 ignation of officials who may obligate U.S.C. 1251 et seq.); money in the Hazardous Substances (iii) Safe Drinking Water Act, as Superfund; amended (42 U.S.C. 300f et seq.); (ix) Section 113(k) of the Act (42 (iv) Clean Air Act, as amended (42 U.S.C. 9613(k)), with respect to estab- U.S.C. 7401 et seq.); lishing an administrative record upon (v) Noise Control Act of 1972, as which to base the selection of a re- amended (42 U.S.C. 4901 et seq.); sponse action and identifying and noti- (vi) Toxic Substances Control Act, as fying potentially responsible parties; amended (15 U.S.C. 2601 et seq.); (x) Section 116(a) of the Act (42 U.S.C. (vii) Federal Insecticide, Fungicide, 9616(a)), with respect to preliminary as- and Rodenticide Act, as amended (7 sessment and site inspection of facili- U.S.C. 136 et seq.); and ties; (xi) Sections 117(a) and (c) of the Act (viii) Comprehensive Environmental (42 U.S.C. 9617 (a) and (c)), with respect Response, Compensation, and Liability to public participation in the prepara- Act of 1980, as amended by the Super- tion of any plan for remedial action fund Amendments and Reauthorization and explanation of variances from the Act of 1986 (42 U.S.C. 9601 et seq.). final remedial action plan for any re- (13) Administer a program for Dairy medial action or enforcement action, Product Mandatory Reporting (7 U.S.C. including any settlement or consent 1637–1637b), with the assistance of the decree entered into; Administrator, National Agricultural (xii) Section 119 of the Act (42 U.S.C. Statistics Service. 9119), with respect to indemnifying re- (14) Assist the Administrator of the sponse action contractors; Foreign Agricultural Service with im- (xiii) Section 121 of the Act (42 U.S.C. plementing section 3205 of the Food, 9621), with respect to cleanup stand- Conservation, and Energy Act of 2008 ards; and (22 U.S.C. 7112 note) regarding the Con- (xiv) Section 122 of the Act (42 U.S.C. sultative Group to Eliminate the Use 9622), with respect to settlements, but of Child Labor and Forced Labor in Im- excluding section 122(b)(1) of the Act ported Agricultural Products. (42 U.S.C. 9622(b)(1)), related to mixed (15) Assist the Administrator, Eco- funding agreements. nomic Research Service with imple- (12) With respect to facilities and ac- menting section 10016 of the Agricul- tivities under his or her authority, to tural Act of 2014 regarding locally or exercise the authority of the Secretary regionally produced agricultural food of Agriculture pursuant to section 1– products (7 U.S.C. 2204h). 102 related to compliance with applica- (16) Administer the United States ble pollution control standards and sec- Grain Standards Act, as amended (7 tion 1–601 of Executive Order 12088, 3 U.S.C. 71–87h). CFR, 1978 Comp., p. 243, to enter into (17) Administer the Packers and an inter-agency agreement with the Stockyards Act, 1921, as amended and United States Environmental Protec- supplemented. tion Agency, or an administrative con- (18) Enforce provisions of the Con- sent order or a consent judgment in an sumer Credit Protection Act (15 U.S.C. appropriate State, interstate, or local 1601–1665, 1681–1681t), with respect to agency, containing a plan and schedule any activities subject to the Packers

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and Stockyards Act, 1921, as amended culture under the following authori- and supplemented. ties: (19) Exercise the functions of the Sec- (1) Administer the Foreign Service retary of Agriculture contained in sec- personnel system for employees of the tion 1324 of the Food Security Act of Animal and Plant Health Inspection 1985 (7 U.S.C. 1631). Service in accordance with 22 U.S.C. (20) Administer responsibilities and 3922, except that this delegation does functions assigned to the Secretary in not include the authority to approve section 11006 of the Food, Conservation, joint regulations issued by the Depart- and Energy Act of 2008 (7 U.S.C. 228 ment of State relating to administra- note), with respect to the Packers and tion of the Foreign Service, nor an au- Stockyards Act, 1921. thority to represent the Department of (21) Administer the U. S. Warehouse Agriculture in interagency consulta- Act, as amended (7 U.S.C. 241–273), and tions and negotiations with the other perform compliance examinations for foreign affairs agencies with respect to Agricultural Marketing Services pro- joint regulations. grams. (2) The Terminal Inspection Act, as amended (7 U.S.C. 166). (22) Administer commodity procure- (3) The Honeybee Act, as amended (7 ment and supply, transportation (other U.S.C. 281–286). than from point of export, except for (4) Section 18 of the Federal Meat In- movement to trust territories or pos- spection Act, as amended, as it per- sessions), handling, payment, and re- tains to the issuance of certificates of lated services in connection with pro- condition of live animals intended and grams under titles II and III of Public offered for export (21 U.S.C. 618). Law 480 (7 U.S.C. 1691, 1701, et seq.) and (5) The responsibilities of the United section 3107 of the Farm Security and States under the International Plant Rural Investment Act of 2002 (7 U.S.C. Protection Convention. 1736o–1), and payment and related serv- (6) (Laboratory) Animal Welfare Act, ices with respect to export programs as amended (7 U.S.C. 2131–2159). and barter operations. (7) Horse Protection Act (15 U.S.C. (23) Administer the Economic Adjust- 1821–1831). ment Assistance for Textile Mills pro- (8) 28 Hour Law, as amended (49 gram (7 U.S.C. 9037(c)). U.S.C. 80502). (24) In coordination with Adminis- (9) Export Animal Accommodation trator, Farm Service Agency, admin- Act, as amended (46 U.S.C. 3901–3902). ister payments under the Special Com- (10) Purebred animal duty-free-entry petitive Provisions for Extra Long Sta- provision of Tariff Act of June 17, 1930, ple Cotton (7 U.S.C. 9038). as amended (19 U.S.C. 1202, part 1, Item (b) [Reserved] 100.01). (11) Virus-Serum-Toxin Act (21 U.S.C. [60 FR 56393, Nov. 8, 1995, as amended at 61 FR 25776, May 23, 1996; 62 FR 37485, July 14, 151–159). 1997; 62 FR 40255, July 28, 1997; 68 FR 27446, (12) Conduct diagnostic and related May 20, 2003; 74 FR 3411, Jan. 21, 2009; 79 FR activities necessary to prevent, detect, 44116, July 30, 2014; 83 FR 22188, May 14, 2018; control or eradicate foot-and-mouth 83 FR 61314, Nov. 29, 2018; 85 FR 65521, Oct. 15, disease and other foreign animal dis- 2020] eases (21 U.S.C. 113a). (13) The Agricultural Marketing Act § 2.80 Administrator, Animal and Plant of 1946, section 203, 205, as amended (7 Health Inspection Service. U.S.C. 1622, 1624), with respect to vol- (a) Delegations. Pursuant to § 2.22(a)(2) untary inspection and certification of and (a)(6) through (a)(9), and subject to animal products; inspection, testing, reservations in § 2.22(b)(2), the fol- treatment, and certification of ani- lowing delegations of authority are mals; and a program to investigate and made by the Under Secretary for Mar- develop solutions to the problems re- keting and Regulatory Programs to the sulting from the use of sulfonamides in Administrator, Animal and Plant swine. Health Inspection Service: Exercise (14) Talmadge-Aiken Act (7 U.S.C. functions of the Secretary of Agri- 1633) with respect to cooperation with

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States in control and eradication of (26) The Act of March 2, 1931 (7 U.S.C. plant and animal diseases and pests. 8351–8352). (15) Defense Production Act of 1950, (27) The Act of December 22, 1987 (7 as amended (50 U.S.C. App. 2061 et seq.), U.S.C. 8353). and title VI of the Robert T. Stafford (28) Authority to work with devel- Disaster Relief and Emergency Assist- oped and transitional countries on ag- ance Act (42 U.S.C. 5195 et seq.), relat- ricultural and related research and ex- ing to protection of livestock, poultry tension, with respect to animal and and crops and products thereof from bi- plant health, including providing tech- ological and chemical warfare; and uti- nical assistance, training, and advice lization or disposal of livestock and to persons from such countries engaged poultry exposed to radiation. in such activities and the stationing of (16) The Federal Noxious Weed Act of scientists at national and international 1974, as amended (7 U.S.C. 2801 note; institutions in such countries (7 U.S.C. 2814). 3291(a)(3)). (17) The Endangered Species Act of (29) With respect to land and facili- 1973 (16 U.S.C. 1531–1544). ties under his or her authority, exer- (18) Executive Order 11987, 3 CFR, 1977 cise the functions delegated to the Sec- Comp., p. 116. retary by Executive Order 12580, 3 CFR, (19) Section 101(d), Organic Act of 1987 Comp., p. 193, under the following 1944 (7 U.S.C. 398). provisions of the Comprehensive Envi- (20) The Swine Health Protection ronmental Response, Compensation, Act, as amended (7 U.S.C. 3801–3813). and Liability Act of 1980 (‘‘the Act’’), (21) Lacey Act Amendments of 1981, as amended: as amended (16 U.S.C. 3371–3378). (i) Sections 104 (a), (b), and (c)(4) of (22) Title III (and title IV to the ex- the Act (42 U.S.C. 9604 (a), (b), and tent that it relates to activities under (c)(4)), with respect to removal and re- title III) of the Federal Seed Act, as medial actions in the event of release amended (7 U.S.C. 1581–1610). or threatened release of a hazardous (23) Authority to prescribe the substance, pollutant, or contaminant amounts of commuted traveltime al- into the environment; lowances and the circumstances under (ii) Sections 104(e)–(h) of the Act (42 which such allowances may be paid to U.S.C. 9604(e)–(h)), with respect to in- employees covered by the Act of Au- formation gathering and access re- gust 28, 1950 (7 U.S.C. 2260). quests and orders; compliance with (24) Provide management support Federal health and safety standards services for the Agricultural Mar- and wage and labor standards applica- keting Service, as agreed upon by the ble to covered work; and emergency agencies, with authority to take ac- procurement powers; tions required by law or regulation. As (iii) Section 104(i)(11) of the Act (42 used herein, the term management sup- U.S.C. 9604(i)(11)), with respect to the port services includes information reduction of exposure to significant technology, budget, finance, personnel, risk to human health; procurement, property management, (iv) Section 104(j) of the Act (42 communications, paperwork manage- U.S.C. 9604(j)), with respect to the ac- ment, and related administrative serv- quisition of real property and interests ices. in real property required to conduct a (25) Coordinate the development and remedial action; carrying out by Department agencies (v) The first two sentences of section of all matters and functions pertaining 105(d) of the Act (42 U.S.C. 9605(d)), to the Department’s regulation of bio- with respect to petitions for prelimi- technology, and act as liaison on all nary assessment of a release or threat- matters and functions pertaining to ened release; the regulation of biotechnology be- (vi) Section 105(f) of the Act (42 tween agencies within the Department U.S.C. 9605(f)), with respect to consider- and between the Department and other ation of the availability of qualified governmental and private organiza- minority firms in awarding contracts, tions. but excluding that portion of section

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105(f) pertaining to the annual report standards established pursuant to the to Congress; following: (vii) Section 109 of the Act (42 U.S.C. (i) Solid Waste Disposal Act, as 9609), with respect to the assessment of amended by the Resource Conservation civil penalties for violations of section and Recovery Act, as further amended 122 of the Act (42 U.S.C. 9622), and the by the Hazardous and Solid Waste granting of awards to individuals pro- Amendments, and the Federal Facility viding information; Compliance Act (42 U.S.C. 6901 et seq.); (viii) Section 111(f) of the Act (42 (ii) Federal Water Pollution Preven- U.S.C. 9611(f)), with respect to the des- tion and Control Act, as amended (33 ignation of officials who may obligate U.S.C. 1251 et seq.); money in the Hazardous Substances (iii) Safe Drinking Water Act, as Superfund; amended (42 U.S.C. 300f et seq.); (ix) Section 113(k) of the Act (42 (iv) Clean Air Act, as amended (42 U.S.C. 9613(k)), with respect to estab- U.S.C. 7401 et seq.); lishing an administrative record upon (v) Noise Control Act of 1972, as which to base the selection of a re- amended (42 U.S.C. 4901 et seq.); sponse action and identifying and noti- (vi) Toxic Substances Control Act, as fying potentially responsible parties; amended (15 U.S.C. 2601 et seq.); (x) Section 116(a) of the Act (42 U.S.C. (vii) Federal Insecticide, Fungicide, 9616(a)), with respect to preliminary as- and Rodenticide Act, as amended (7 sessment and site inspection of facili- U.S.C. 136 et seq.); and ties; (viii) Comprehensive Environmental (xi) Sections 117 (a) and (c) of the Act Response, Compensation, and Liability (42 U.S.C. 9617 (a) and (c)), with respect Act of 1980, as amended by the Super- to public participation in the prepara- fund Amendments and Reauthorization tion of any plan for remedial action Act of 1986 (42 U.S.C. 9601 et seq.). and explanation of variances from the final remedial action plan for any re- (31) Authority to prescribe and col- medial action or enforcement action, lect fees under the Act of August 31, including any settlement or consent 1951, as amended (31 U.S.C. 9701), and decree entered into; sections 2508 and 2509 of the Food, Agri- (xii) Section 119 of the Act (42 U.S.C. culture, Conservation, and Trade Act 9119), with respect to indemnifying re- of 1990 (21 U.S.C. 136, 136a), as amended. sponse action contractors; (32) The provisions of 35 U.S.C. 156. (xiii) Section 121 of the Act (42 U.S.C. (33) Enter into cooperative research 9621), with respect to cleanup stand- and development agreements with in- ards; and dustry, universities, and others; insti- (xiv) Section 122 of the Act (42 U.S.C. tute a cash award program to reward 9622), with respect to settlements, but scientific, engineering, and technical excluding section 122(b)(1) of the Act personnel; award royalties to inven- (42 U.S.C. 9622(b)(1)), related to mixed tors; and retain and use royalty income funding agreements. (15 U.S.C. 3710a–3710c). (30) With respect to facilities and ac- (34) The Alien Species Prevention and tivities under his or her authority, to Enforcement Act of 1992 (39 U.S.C. 3015 exercise the authority of the Secretary note). of Agriculture pursuant to section 1– (35) Sections 901–905 of the Federal 102 related to compliance with applica- Agriculture Improvement and Reform ble pollution control standards and sec- Act of 1996 (7 U.S.C. 1901 note). tion 1–601 of Executive Order 12088, 3 (36) Plant Protection Act, as amend- CFR, 1978 Comp., p. 243, to enter into ed (7 U.S.C. 7701–7786). an inter-agency agreement with the (37) Animal Health Protection Act (7 United States Environmental Protec- U.S.C. 8301–8317). tion Agency, or an administrative con- (38) Section 10504 of the Farm Secu- sent order or a consent judgment in an rity and Rural Investment Act of 2002 appropriate State, interstate, or local (7 U.S.C. 8318). agency, containing a plan and schedule (39) Title V of the Agricultural Risk to achieve and maintain compliance Protection Act of 2000 (7 U.S.C. 2279e with applicable pollution control and 2279f).

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(40) The responsibilities of the United whether an applicant acted with due States related to activities of the Of- diligence. fice International des Epizooties. [60 FR 56393, Nov. 8, 1995, as amended at 61 (41) Public Health Security and Bio- FR 68541, Dec. 30, 1996; 65 FR 49471, Aug. 14, terrorism Preparedness and Response 2000; 68 FR 27446, May 20, 2003; 70 FR 55706, Act of 2002 (Title II, Subtitles B and C; Sept. 23, 2005; 74 FR 3411, Jan. 21, 2009; 76 FR of the Public Health Security and Bio- 4803, Jan. 27, 2011; 79 FR 44116, July 30, 2014; terrorism Preparedness Response Act 83 FR 61314, Nov. 29, 2018; 85 FR 65521, Oct. 15, of 2002 (7 U.S.C. 8401 note, 8401, 8411)). 2020] (42) Implement the information dis- closure authorities of section § 2.81 [Reserved] 1619(b)(3)(A) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. Subpart O—Delegations of Au- 8791(b)(3)(A)). thority by the Assistant Sec- (43) Section 7524 of the Food, Con- retary for Congressional Rela- servation, and Energy Act of 2008 (21 tions U.S.C. 113a note), except for the sus- pension, revocation, or other impair- § 2.83 Deputy Assistant Secretary for ment of a permit issued under that sec- Congressional Relations. tion. Pursuant to § 2.23, and subject to pol- (44) Section 10202 of the Food, Con- icy guidance and direction by the As- servation, and Energy Act of 2008 (7 sistant Secretary, the following delega- U.S.C. 7761). tion of authority is made by the Assist- (45) Section 10204 of the Food, Con- ant Secretary for Congressional Rela- servation, and Energy Act of 2008 (7 tions to the Deputy Assistant Sec- U.S.C. 7701 note). retary for Congressional Relations, to (46) Section 14216 of the Food, Con- be exercised only during the absence or servation, and Energy Act of 2008 (Pub. unavailability of the Assistant Sec- L. 110–246). retary: Perform all duties and exercise (47) Section 1672(g)(3) of the Food, all powers which are now or which may Agriculture, Conservation, and Trade hereafter be delegated to the Assistant Act of 1990 (7 U.S.C. 5925(g)(3)) regard- Secretary for Congressional Relations. ing honey bee pest, pathogen, health, and population status surveillance. § 2.85 Director, Office of Intergovern- (48) Section 12309 of the Agricultural mental Affairs. Act of 2014 regarding produce rep- (a) Delegations. Pursuant to § 2.23, resented as grown in the United States the following delegations of authority (19 U.S.C. 1304a). are made by the Assistant Secretary (49) Section 11013 of the Food, Con- for Congressional Relations to the Di- servation, and Energy Act of 2008 (7 rector, Office of Intergovernmental Af- U.S.C. 8322). fairs: (50) In coordination with the Chief, Natural Resources Conservation Serv- (1) Coordinate all programs involving ice, Section 2408 relating to the Feral intergovernmental affairs including Swine Eradication and Control Pilot State and local government relations Program (7 U.S.C. 8351 note). and liaison with: (51) Section 12203(b) of the Agri- (i) National Association of State De- culture Improvement Act of 2018 relat- partments of Agriculture; ing to diseases and pests of concern (7 (ii) Office of Intergovernmental Rela- U.S.C. 8914(b)). tions (Office of Vice President); (52) Section 12601 of the Agriculture (iii) Advisory Commission on Inter- Improvement Act of 2018 relating to governmental Relations; baiting of migratory game birds (16 (iv) Council of State Governments; U.S.C. 704 note). (v) National Governors Conference; (b) Reservation. The following author- (vi) National Association of Counties; ity is reserved to the Under Secretary (vii) National League of Cities; for Marketing and Regulatory Pro- (viii) International City Managers grams: The authority to make deter- Association; minations under 35 U.S.C. 156 as to (ix) U.S. Conference of Mayors; and

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(x) Such other State and Federal delegations of authority are made by agencies, departments, and organiza- the Assistant Secretary for Adminis- tions as are necessary in carrying out tration to the Director, Office of Prop- the responsibilities of this office. erty and Fleet Management: (2) Maintain oversight of the activi- (1) Promulgate policies, standards, ties of USDA representatives to the 10 techniques, and procedures, and rep- Federal Regional councils. resent the Department, in the fol- (3) Serve as the USDA contact with lowing: the Advisory Commission on Intergov- (i) Utilization, value analysis, con- ernmental Relations for implementa- struction, maintenance, and disposi- tion of OMB Circular A–85 to provide tion of real and personal property, in- advance notification to State and local cluding control of space assignments. governments of proposed changes in (ii) Motor vehicle and aircraft fleet Department programs that affect such and other vehicular transportation. governments. (iii) Transportation of things (traffic (4) Act as the Department represent- management). ative for Federal executive board mat- (iv) Prevention, control, and abate- ters. ment of pollution with respect to Fed- (b) [Reserved] eral facilities and activities under the [60 FR 56393, Nov. 8, 1995, as amended at 68 control of the Department (Executive FR 27447, May 20, 2003; 69 FR 34254, June 21, Order 12088, ‘‘Federal Compliance With 2004; 79 FR 44117, July 30, 2014] Pollution Control Standards,’’ 3 CFR, 1978 Comp., p. 243). Subpart P—Delegations of Author- (v) Development and implementation ity by the Assistant Secretary of sustainable operations actions in- for Administration cluding establishing and achieving greenhouse gas emission reduction goals, reducing energy intensity, in- SOURCE: 75 FR 43381, July 23, 2010, unless creasing renewable energy use, increas- otherwise noted. ing water efficiency, reducing petro- § 2.87 Deputy Assistant Secretary for leum use and increasing alternative Administration. fuel use, increasing recycling and Pursuant to § 2.24(a), and subject to waste diversion, preventing pollution, reservations in § 2.24(b), the following reducing use of toxic chemicals, pro- delegation of authority is made by the curing sustainable products and serv- Assistant Secretary for Administration ices, achieving sustainable principles to the Deputy Assistant Secretary for for new and existing buildings, pro- Administration, to be exercised only moting electronic stewardship, and during the absence or unavailability of continuing environmental manage- the Assistant Secretary: Perform all ment system use. Maintain liaison the duties and exercise all the powers with the Office of the Federal Environ- which are now or which may hereafter mental Executive, the Council on Envi- be delegated to the Assistant Secretary ronmental Quality, the Office of Man- for Administration: Provided, that this agement and Budget (OMB), the De- authority shall be exercised first by a partment of Energy, and other Govern- respective non-career Deputy Assistant ment agencies in these matters. Secretary in the order in which he or (2) Exercise the following special au- she has taken office as Deputy Assist- thorities: ant Secretary, and second by a career (i) Maintain custody and permit ap- Deputy Assistant Secretary. propriate use of the official seal of the Department. § 2.89 [Reserved] (ii) Establish policy for the use of the official flags of the Secretary and the § 2.90 Director, Office of Property and Department. Fleet Management. (iii) Coordinate collection and dis- (a) Delegations. Pursuant to § 2.24(a)(6) position of personal property of histor- of this chapter, and with due deference ical significance. for delegations to other Departmental (iv) Make information returns to the Administration officials, the following Internal Revenue Service as prescribed

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by 26 U.S.C. 6050M and by 26 CFR CFR chapter 101) and the Federal Man- 1.6050M–1 and such other Treasury reg- agement Regulation (41 CFR chapter ulations, guidelines or procedures as 102). may be issued by the Internal Revenue (7) Related to compliance with envi- Service in accordance with 26 U.S.C. ronmental laws and sustainable oper- 6050M. This includes making such ating requirements. verifications or certifications as may (i) Serve as Departmental Adminis- be required by 26 CFR 1.6050M–1 and tration Member and Executive Sec- making the election allowed by 26 CFR retary of the USDA Sustainable Oper- 1.6050M–1(d)(5)(1). ations Council. (v) Represent the Department in (ii) Represent USDA in consulting or working with the Government Ac- working with the EPA, the Council on countability Office (GAO), the General Environmental Quality, the Domestic Services Administration, OMB, and Policy Council, and others to develop other organizations or agencies on policies relating to hazardous mate- matters related to assigned responsibil- rials management and Federal facili- ities. ties compliance with applicable pollu- (vi) Redelegate, as appropriate, the tion control laws. authority in paragraphs (a)(4) and (a)(6) (iii) Monitor, review, evaluate, and of this section to agency Property Offi- oversee hazardous materials manage- cials or other qualified agency officials ment program activities and compli- with no power of further redelegation. ance Department-wide. (3) Transfer excess research equip- ment to eligible educational institu- (iv) Monitor, review, evaluate, and tions or certain non-profit organiza- oversee USDA agency expenditures for tions for the conduct of technical and hazardous materials management pro- scientific education and research ac- gram accomplishments. tivities under section 11(i) of the Ste- (v) Represent USDA on the National venson–Wydler Technology Innovation Response Team and exercise responsi- Act of 1980 (15 U.S.C. 3710(i)) (7 CFR bility for USDA response efforts for part 2812). hazardous substance releases and oil (4) Promulgate policy and obtain and spills pursuant to the Comprehensive furnish Federal excess personal prop- Environmental Response, Compensa- erty in accordance with section 923 of tion, and Liability Act of 1980, as Public Law 104–127 (7 U.S.C. 2206a), to amended (42 U.S.C. 9601, et seq.); the support research, educational, tech- Clean Water Act, as amended (33 U.S.C. nical and scientific activities or for re- 1251, et seq.); Oil Pollution Act, as lated programs, to: amended (33 U.S.C. 2701, et seq.); Execu- (i) Any 1994 Institutions (as defined tive Order 12580, ‘‘Superfund Implemen- in section 532 of the Equity in Edu- tation,’’ 3 CFR, 1987 Comp., p. 193; Ex- cational Land–Grant Status Act of 1994 ecutive Order 12777, ‘‘Implementation (Pub. L. 103–382; 7 U.S.C. 301 note)). of section 311 of the Federal Water Pol- (ii) Any Institutions eligible to re- lution Control Act of October 18, 1972, ceive funds under the Act of August 30, as amended, and the Oil Pollution Act 1890 (7 U.S.C. 321, et seq.) including of 1990,’’ 3 CFR, 1991 Comp., p. 351, and Tuskegee University. the National Oil and Hazardous Sub- (iii) Any Hispanic-serving Institu- stances Contingency Plan, 40 CFR part tions (as defined in section 316(b) of the 300. When a spill of national signifi- Higher Education Act of 1965 (20 U.S.C. cance is declared under the Oil Pollu- 1059c(b)). tion Act of 1990, responsibility for (5) Make available to organizations USDA response efforts will transfer to excess or surplus computers or other the Office of Homeland Security and technical equipment of the Department Emergency Coordination, as deter- for the purpose of distribution to cit- mined by the Assistant Secretary for ies, towns, or local government entities Administration. in rural areas (7 U.S.C. 2206b). (vi) Approve disbursements from the (6) Issue regulations and directives to New World Mine Response and Restora- implement or supplement the Federal tion Account, approve the New World Property Management Regulations (41 Mine Response and Restoration Plan,

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and make quarterly reports to Con- reservations in § 2.24(b), the following gress under Sections 502(d) and (f) of delegations of authority are made by Title V of the Department of the Inte- the Assistant Secretary for Adminis- rior and Related Agencies Appropria- tration to the Director, Office of tions Act of 1998, Public Law 105–83. Human Resources Management: (vii) Ensure that the Hazardous Ma- (1) Formulate and issue Department terials Management Program Depart- policy, standards, rules and regulations ment-wide is accomplished with regard relating to human resources manage- to, and in compliance with, Executive ment. Order 12898, ‘‘Federal Actions to Ad- (2) Provide human resources manage- dress Environmental Justice in Minor- ment procedural guidance and oper- ity Populations and Low–Income Popu- ational instructions. lations,’’ 3 CFR, 1994 Comp., p. 859. (3) Set standards for human resources (viii) Take such action as may be data systems. necessary, with the affected agency (4) Inspect and evaluate human re- head and with the concurrence of the sources management operations and General Counsel, including issuance of issue instructions or take direct action administrative orders and agreements to insure conformity with appropriate with any person to perform any re- laws, Executive Orders, Office of Per- sponse action under sections 106(a) and sonnel Management (OPM) rules and 122 (except subsection (b)(1)) of the regulations, and other appropriate Comprehensive Environmental Re- rules and regulations. sponse, Compensation, and Liability (5) Exercise final authority in all Act of 1980, as amended (42 U.S.C. human resources matters, including in- 9606(a), 9622), pursuant to sections dividual cases, that involve the juris- 4(c)(3) and 4(d)(3) of Executive Order diction of more than one General Offi- 12580, ‘‘Superfund Implementation,’’ 3 cer, or agency head, or otherwise as CFR, 1987 Comp., p. 193, as amended by deemed appropriate. Executive Order 13016, ‘‘Amendment to (6) Receive, review, and recommend Executive Order No. 12580,’’ 3 CFR, 1996 action on all requests for the Sec- Comp., p. 214. retary’s or Assistant Secretary for Ad- (ix) Represent USDA on the EPA ministration’s approval in human re- Brownfields Federal Partnership and sources matters. coordinate USDA support for (7) Authorize and make final deci- Brownfields redevelopment and estab- sions on adverse actions except in lish policy and guidance for the imple- those cases where the Assistant Sec- mentation of the June 2003 amendment retary for Administration or the Direc- to Executive Order 12580, ‘‘Superfund tor, Office of Human Resources Man- Implementation,’’ 3 CFR, 1987 Comp., p. agement, has participated. 193 (Executive Order 13308, ‘‘Further (8) Represent the Department in Amendment to Executive Order 12580, human resources matters in all con- As Amended, Superfund Implementa- tacts outside the Department. tion,’’ 3 CFR, 2003 Comp., p. 239). (9) Exercise specific authorities in (8) Exercise responsibility for USDA the following operational matters: response efforts when a spill of na- (i) Waive repayment of training ex- tional significance is declared under penses where an employee fails to ful- the Oil Pollution Act of 1990, as deter- fill service agreement. mined by the Assistant Secretary for (ii) Establish or change standards Administration. and plans for awards to private citi- (b) [Reserved] zens. [83 FR 61315, Nov. 29, 2018, as amended at 85 (iii) Execute, change, extend, or FR 65521, Oct. 15, 2020] renew: (A) Labor-Management Agreements. § 2.91 Director, Office of Human Re- (B) Certifications of supervisory/ sources Management. managerial and non-labor union em- (a) Delegations. Pursuant to ployee and professional organizations § 2.24(a)(4), with due deference for dele- and associations. gations to other Departmental Admin- (iv) Represent the Department in all istration officials, and subject to the contacts with the national offices of

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labor organizations in fulfilling the De- (i) Position management. partment’s national consultation obli- (ii) Position classification. gations under 5 U.S.C. 7113. (iii) Employment. (v) Change a position (with no mate- (iv) Pay administration. rial change in duties) from one pay sys- (v) Automated human resources data tem to another. and systems. (vi) Grant restoration rights, and re- (vi) Hours of duty. lease employees with administrative (vii) Performance management. reemployment rights. (viii) Promotions. (vii) Authorize any mass dismissals (ix) Employee development. of employees in the Washington, DC (x) Incentive programs. metropolitan area. (xi) Leave. (viii) Approve ‘‘normal line of pro- (xii) Retirement. motion’’ cases in the excepted service (xiii) Human resources program man- where not in accordance with time-in agement accountability and evalua- grade criteria. tion. (ix) Make the final decision on all (xiv) Social security. classification appeals filed with the De- (xv) Life insurance. partment of Agriculture. (xvi) Health benefits. (x) Authorize all employment actions (xvii) Unemployment compensation. (except nondisciplinary separations (xviii) Labor management relations. and LWOP) and classification actions (xix) Intramanagement consultation. for senior level and equivalent posi- (xx) [Reserved] tions including Senior Executive Serv- (xxi) Discipline. ice positions and special authority pro- (xxii) Appeals. fessional and scientific positions re- (xxiii) Drug Testing Program. sponsible for carrying out research and (xxiv) Worklife Program. development functions. (xxv) Transit Subsidy Program. (xi) Authorize all employment ac- (11) Maintain, review, and update De- tions (except LWOP) for the following partmental delegations of authority. positions: (12) Recommend authorization of or- (A) Schedule C. ganizational changes. (B) Non-career Senior Executive (13) Formulate and promulgate De- Service or equivalent. partmental policies regarding reorga- (C) Administrative Law Judge. nizations. (xii) Authorize and make final deci- (14) [Reserved] sions on adverse actions for positions (15) Provide for diversity and inclu- in GS–1–15 or equivalent. sion, as follows: (xiii) Authorize and make final deci- (i) Establish, direct, and provide pol- sions on adverse actions for positions icy and oversight for a Department- in the career Senior Executive Service wide Special Emphasis Program (SEP) or equivalent. including: Women, African Americans, (xiv) Approve the details of Depart- Hispanics, Asian/Pacific Islanders, Na- ment employees to the White House. tive Americans, Disabled, and Gay/Les- (xv) Authorize adverse actions based bian/Bisexual/Transgender. in whole or in part on an allegation of (ii) Provide oversight and support for violation of 5 U.S.C. chapter 73, sub- Departmental SEP recognition pro- chapter III, for employees in the ex- grams. cepted service. (iii) Direct and oversee the Depart- (xvi) Authorize long-term training in ment-wide SEPM Council. programs which require Department- (iv) Administer Federal Equal Oppor- wide competition. tunity Recruitment Program. (xvii) Initiate and take adverse ac- (16) Oversee and manage the Depart- tion in cases involving a violation of ment’s administrative grievance pro- the merit system. gram. (xviii) Any other human resources (17) Make final decisions in those operational matter. cases where an agency head has ap- (10) As used in this section, the term pealed the recommended decision of a human resources includes: grievance examiner.

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(18) Administer the administrative and health-related issues and develop appeals process related to the inclusion resource and operational manuals. of positions in the testing designated (22) Redelegate, as appropriate, any position listing in the Department’s authority delegated under paragraphs Drug-Free Workplace Program and des- (a)(1) through (21) of this section to ignate the final appeal officer for that general officers of the Department and Program. heads of Departmental agencies, pro- (19) Formulate and issue Department vided that the Director, Office of policy, standards, rules, and regula- Human Resources Management retains tions relating to the Senior Scientific the authority to make final decisions Research Service (7 U.S.C. 7657). in any human resources matter so re- (20) Provide human resources oper- delegated. ational services for the following: (b) Reservations. The following au- (i) The Secretary of Agriculture. thorities are reserved to the Assistant (ii) The general officers of the De- Secretary for Administration: partment. (1) Authorize organizational changes (iii) The offices and agencies report- occurring in a Department agency or ing to the Assistant Secretary for Ad- staff office which affect the overall ministration. structure of that service or office; i.e., (iv) The Office of the Assistant Sec- require a change to that service or of- retary for Civil Rights. fice’s overall organization chart. (v) Any other offices or agencies of (2) Approve coverage and waiver of the Department as may be agreed. individual law enforcement and fire- (21) Related to occupational safety fighter positions under the special re- and health: tirement provisions of the Civil Service (i) Establish Departmentwide safety Retirement System and the Federal and health policy and provide leader- Employees Retirement System. ship in the development, coordination, [60 FR 56393, Nov. 8, 1995, as amended at 77 and implementation of related stand- FR 14954, Mar. 14, 2012; 78 FR 40939, July 9, ards, techniques, and procedures, and 2013; 79 FR 44117, July 30, 2014; 83 FR 61316, represent the Department in complying Nov. 29, 2018] with laws, Executive Orders and other policy and procedural issuances and re- § 2.93 Director, Office of Contracting lated to occupational safety and health and Procurement. and workers’ compensation programs (a) Delegations. Pursuant to § 2.24(a)(6) within the Department. of this chapter, and with due deference (ii) Represent the Department in all for delegations to other Departmental rulemaking, advisory, or legislative ca- Administration officials, the following pacities on any groups, committees, or delegations of authority are made by Governmentwide activities that affect the Assistant Secretary for Adminis- the USDA Occupational Safety and tration to the Director, Office of Con- Health Management Program. tracting and Procurement: (iii) Determine and provide Depart- (1) Exercise full Departmentwide con- mentwide technical services and re- tracting and procurement authority. gional staff support for the safety and (2) Promulgate policies, standards, health programs. techniques, and procedures, and rep- (iv) Administer the computerized resent the Department, in the fol- management information systems for lowing: the collection, processing, and dissemi- (i) Acquisition, including, but not nation of data related to the Depart- limited to, the procurement of sup- ment’s occupational safety and health plies, services, equipment, and con- programs. struction. (v) Administer the Department’s Oc- (ii) Socioeconomic programs relating cupational Health and Preventive Med- to contracting. icine Program, as well as design and (iii) Selection, standardization, and operate employee assistance and work- simplification of program delivery ers’ compensation activities. processes utilizing contracts. (vi) Provide education and training (iv) Acquisition and leasing of real on a Departmentwide basis for safety and personal property.

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(v) Implementation of the Uniform Department and that the management Relocation Assistance and Real Prop- objectives of the Circular are realized. erty Acquisition Policies Act of 1970 (42 (ii) Review the program management U.S.C. 4601, et seq.). of each major system acquisition, ex- (vi) Implementation of the policies cluding information technology. and procedures set forth in OMB Cir- (iii) Designate the program manager cular No. A–76, Performance of Com- for each major system acquisition, ex- mercial Activities. cluding information technology. (3) Exercise the following special au- (iv) Designate any Departmental ac- thorities: quisition, excluding information tech- (i) The Director, Office of Con- nology, as a major system acquisition tracting and Procurement, is des- under OMB Circular No. A–109. ignated as the Departmental Debarring (5) Pursuant to Executive Order Officer and authorized to perform the 12931, ‘‘Federal Procurement Reform,’’ functions of 48 CFR part 9, subpart 9.4 and 41 U.S.C. 1702(c), serve as the Sen- related to procurement activities, ex- ior Procurement Executive for the De- cept for commodity acquisitions on be- partment with responsibility for the half of the Commodity Credit Corpora- following: tion (7 CFR part 1407), with authority (i) Prescribing and publishing De- to redelegate suspension and debar- partmental acquisition policies, advisories, regulations, and procedures. ment authority for contracts awarded (ii) Taking any necessary actions under the School Lunch and Surplus consistent with policies, regulations, Removal Programs (42 U.S.C. 1755 and 7 and procedures, with respect to pur- U.S.C. 612c). chases, contracts, leases, agreements, (ii) Promulgate regulations for the and other transactions. management of contracting and pro- (iii) Appointing contracting officers. curement for information technology (iv) Establishing clear lines and limi- and telecommunication equipment, tations of contracting authority software, services, maintenance and re- through written delegations of author- lated supplies. ity. (iii) Represent the Department in (v) Approving any Departmental and working with the Government Ac- component agency procurement sys- countability Office (GAO), the General tems and processes. Services Administration, OMB, and (vi) Managing and enhancing career other organizations or agencies on development of the Department’s ac- matters related to assigned responsibil- quisition workforce. ities. (vii) Participating in the develop- (iv) Conduct liaison with the Office of ment of Governmentwide procurement Federal Register (1 CFR part 16) in- policies, regulations and standards, and cluding the making of required certifi- determining specific areas where Gov- cations pursuant to 1 CFR part 18. ernmentwide performance standards (4) Exercise authority under the De- should be established and applied. partment’s Chief Acquisition Officer (viii) Developing unique Depart- (the Assistant Secretary for Adminis- mental standards as required. tration) to integrate and unify the (ix) Overseeing the development of management process for the Depart- procurement goals, guidelines, and in- ment’s major system acquisitions and novation. to monitor implementation of the poli- (x) Measuring and evaluating pro- cies and practices set forth in OMB Cir- curement office performance against cular No. A–109, Major Systems Acqui- stated goals. sitions, with the exception that major (xi) Advising the Assistant Secretary system acquisitions for information for Administration whether procure- technology shall be under the cog- ment goals are being achieved. nizance of the Chief Information Offi- (xii) Prescribing standards for agency cer. This delegation includes the au- Senior Contracting Officials. thority to: (xiii) Redelegating, suspending, or re- (i) Ensure that OMB Circular No. A– voking, as appropriate, the authority 109 is effectively implemented in the in paragraph (a)(5)(i) of this section to

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agency Senior Contracting Officials or (iii) Developing goals and plans and other qualified agency officials with no recommending actions to increase power of further redelegation. competition. (xiv) Redelegating, suspending, or re- (iv) Challenging conditions unneces- voking, as appropriate, the authorities sarily restricting competition in the in paragraphs (a)(5)(ii), (iii), (iv), (vi), acquisition of supplies and services. and (vii) of this section to agency Sen- (v) Promoting the acquisition of ior Contracting Officials or other commercial items. qualified agency officials with the (vi) Designating an Advocate for power of further redelegation. Competition for each procuring activ- (6) Represent the Department in es- ity within the Department. tablishing standards for acquisition (13) In coordination with the Chief Financial Officer, implement the de- transactions within the electronic data barment authorities in section 14211 of interchange environment. the Food, Conservation, and Energy (7) Designate the Departmental Task Act of 2008 (7 U.S.C. 2209j), in connec- Order Ombudsman pursuant to 41 tion with procurement activities. U.S.C. 253j. (14) Provide services, including pro- (8) Serve as Departmental Remedy curement of supplies, services, and Coordination Official pursuant to 41 equipment, with authority to take ac- U.S.C. 255 to determine whether pay- tions required by law or regulation to ment to any contractor should be re- perform such services for: duced or suspended based on substan- (i) The Secretary of Agriculture. tial evidence that the request of the (ii) The general officers of the De- contractor for advance, partial, or partment, except the Inspector Gen- progress payment is based on fraud. eral. (9) Review and approve exemptions (iii) Any other offices or agencies of for USDA contracts, subcontracts, the Department as may be agreed, in- grants, agreements, and loans from the cluding as a Working Capital Fund ac- requirements of the Clean Air Act, as tivity. amended (42 U.S.C. 7401, et seq.), the (b) [Reserved] Federal Water Pollution Control Act, [83 FR 61316, Nov. 29, 2018] as amended (33 U.S.C. 1251, et seq.), and Executive Order 11738, ‘‘Providing for § 2.94 Chief Security Director, Office of Administration of the Clean Air Act Safety, Security, and Protection. and the Federal Water Pollution Con- (a) Delegations from the Assistant Sec- trol Act With Respect to Federal Con- retary for Administration. Pursuant to tracts, Grants, or Loans,’’ 3 CFR, 1971– § 2.24(a)(8) and (9), and with due def- 1975 Comp., p. 799, when he or she deter- erence for delegations to other Depart- mines that the paramount interest of mental Administration officials, the the United States so requires as pro- following delegations of authority are vided in these acts and Executive Order made by the Assistant Secretary for and the regulations of the EPA (2 CFR Administration to the Chief Security 1532.1140). Director: (10) Issue regulations and directives (1) Promulgate Departmental poli- to implement or supplement the Fed- cies, standards, techniques, and proce- eral Acquisition Regulations (48 CFR dures; and represent the Department in chapter 1 and 4). maintaining the security of physical (12) Pursuant to the Office of Federal facilities and providing security guid- Procurement Policy Act (Act), as ance to the Food and Agricultural Sec- amended (41 U.S.C. 401, et seq.), des- tor nationwide. This includes the fol- ignate the Department’s Advocate for lowing activities: Competition with the responsibility for (i) Lead and coordinate the develop- section 20 of the Act (41 U.S.C. 418), in- ment and maintenance of a mission cluding: critical facility inventory with agency (i) Reviewing the procurement activi- involvement to ensure proper security ties of the Department. countermeasures are implemented in (ii) Developing new initiatives to in- the Department’s most critical infra- crease full and open competition. structure.

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(ii) Provide guidance to USDA agen- make arrests without a warrant for cies in matters of physical security any offense against the United States through use of physical security assess- committed in the presence of the law ments and development of mitigation enforcement officer or special agent; strategies. perform protective intelligence work, (iii) Conduct physical security inves- including identifying and mitigating tigations and compliance reviews De- potential threats and conducting ad- partment-wide. vance work to review security matters (iv) Review and provide coordinated relating to sites and events; and co- technical physical security assess- ordinate with local law enforcement ments for all new construction of lab- authorities (7 U.S.C. 2279k). oratories, data centers, germplasm re- (b) [Reserved] positories, and other mission critical [85 FR 65521, Oct. 15, 2020] infrastructure during the design phase, and all leased facilities prior to con- § 2.95 Director, Office of Homeland Se- tract award. curity. (v) Oversee and manage physical se- (a) Delegations from the Secretary. Pur- curity aspects of the Common Identi- suant to Executive Order 10450, ‘‘Secu- fication Card (LincPass) Program to rity Requirements for Government Em- ensure National Institute of Standards ployment’’ (18 FR 2489, Apr. 29, 1953); and Technology (NIST) and General Executive Order 12968, ‘‘Access to Clas- Services Administration (GSA) compli- sified Information,’’ 3 CFR, 1995 Comp., ancy within the National Capital Re- p. 391; Executive Order 13526, ‘‘Classi- gion and the physical access to USDA fied National Security Information’’ (75 facilities. FR 707, Jan. 5, 2010); and 5 CFR part (vi) Provide enterprise connectivity 732, and with due deference for delega- to agency physical access control sys- tions to other Departmental Adminis- tems that provide cost leveraging and tration officials, the following delega- provisioning/de-provisioning nation- tions of authority are made by the Sec- wide. retary to the Director, Office of Home- (2) Promulgate Departmental regula- land Security, pursuant to the Direc- tions, standards, techniques, and proce- tor’s responsibilities as the Depart- dures and represent the Department in mental National Security Programs Of- managing and maintaining a com- ficer, as designated by the Secretary: prehensive physical and technical secu- (1) Manage the personnel security rity program including access control, functions of the Department, which in- management of special police officer cludes sole authority for making eligi- and guard services, executive driving, bility access determinations and spon- parking, ID badging in accordance with soring Sensitive Compartmented Infor- HSPD–12, occupant emergency and mation clearances; obtaining and warden services at the USDA Head- granting security clearances for USDA quarters Complex, George Washington employees and consultants and volun- Carver Center and, in coordination teers on authorized agreements; and with GSA, USDA leased facilities in suspending, denying, or revoking ac- the Washington, DC metropolitan area, cess to national security information as well as at emergency relocation (Executive Order 12968 ‘‘Access to Clas- sites and certain critical facilities sified Information’’, as amended), not- specified by the Assistant Secretary for withstanding the Secretary’s authority Administration. to remove an employee for national se- (3) Carry out protection operations curity reasons as outlined in 5 U.S.C. for the Secretary, Deputy Secretary, 7532. and other individuals as specified in (2) Manage, coordinate, develop, and Section 12520 of the Agriculture Im- promulgate policies and training re- provement Act of 2018, including by au- garding personnel security, and serve thorizing law enforcement officers or as USDA’s personnel security liaison to special agents to carry firearms; con- the Office of Personnel Management duct criminal investigations into po- and Director of National Intelligence. tential threats to the security of indi- (3) Review and develop recommenda- viduals protected under Section 12520; tions on classifying, declassifying, and

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safeguarding national security infor- (7) Produce a Department-wide cen- mation for which the Secretary is re- tralized strategic coordination plan to sponsible as Original Classification Au- provide a high-level perspective of the thority. operations of the Department relating (b) Delegations from the Assistant Sec- to homeland security, including emer- retary for Administration. Pursuant to gency management and agriculture and § 2.24(a)(8), and with due deference for food defense; and delegations to other Departmental Ad- (8) Establish and carry out an inter- ministration officials, the following agency Agriculture and Food Threat delegations of authority are made by Awareness Partnership Program, in- the Assistant Secretary for Adminis- cluding by entering into cooperative tration to the Director, Office of Home- agreements or contracts with Federal, land Security: State, or local authorities (7 U.S.C. (1) Serve as the principal advisor to 6922). the Secretary on homeland security, (9) Administer the Department Emer- including emergency management and gency Preparedness Program. This in- agriculture and food defense; cludes: (2) Coordinate activities of the De- (i) Coordinate the delegations and as- partment, including policies, processes, signments made to the Department budget needs, and oversight relating to under the Defense Production Act of homeland security, including emer- 1950, 50 U.S.C. App. 2061, et seq.; the gency management and agriculture and Robert T. Stafford Disaster Relief and food defense; Emergency Assistance Act, 42 U.S.C. (3) Act as the primary liaison on be- 5121, et seq.; and by Executive Orders half of the Department with other Fed- 12148, ‘‘Federal Emergency Manage- eral departments and agencies in ac- ment’’ (3 CFR, 1979 Comp., p. 412), 12656, tivities relating to homeland security, ‘‘Assignment of Emergency Prepared- including emergency management and ness Responsibilities’’ (3 CFR, 1988 agriculture and food defense, and pro- Comp., p. 585), and 13603, ‘‘National De- vide for interagency coordination and data sharing; fense Resources Preparedness’’ (3 CFR, (4) Coordinate in the Department the 2012 Comp., p. 225), or any successor to gathering of information relevant to these Executive Orders, to ensure that early warning and awareness of threats the Department has sufficient capabili- and risks to the food and agriculture ties to respond to any occurrence, in- critical infrastructure sector; and cluding natural disaster, military at- share that information with, and pro- tack, technological emergency, or any vide assistance with interpretation and all hazards incident. risk characterization of that informa- (ii) Manage the Department Emer- tion to, the intelligence community (as gency Operations Center at Head- defined in 5 U.S.C. 3003), law enforce- quarters and the Secretary’s alter- ment agencies, the Secretary of De- native facilities; provide senior staff fense, the Secretary of Homeland Secu- with international, national, and re- rity, the Secretary of Health and gional situational awareness reports; Human Services, and State fusion cen- and provide and maintain current in- ters (as defined in section 210A(j) of the formation systems technology and Na- Homeland Security Act of 2002 (6 U.S.C. tional Security Systems to support 124h(j)); USDA executive crisis management ca- (5) Liaise with the Director of Na- pability. tional Intelligence to assist in the de- (iii) Provide facilities and equipment velopment of periodic assessments and to facilitate inter-agency coordination intelligence estimates, or other intel- during emergencies. ligence products, that support the de- (iv) Activate the USDA incident fense of the food and agriculture crit- management system in accordance ical infrastructure sector; with the National Response Frame- (6) Coordinate the conduct, evalua- work and the National Incident Man- tion, and improvement of exercises to agement System in the event of a identify and eliminate gaps in pre- major incident; and provide oversight paredness and response; and coordination of the Department’s

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Emergency Support Functions as out- the Department (E.O. 13587; E.O. 13556 lined in the National Response Frame- and 32 CFR part 2002). work. (11) Serve as the primary point of (v) Develop and promulgate policies contact for Government Account- for the Department regarding emer- ability Office (GAO) and Office of the gency preparedness and national secu- Inspector General (OIG) audits of rity, including matters relating to USDA homeland security activities. anti-terrorism and agriculture-related (12) Coordinate interaction between emergency preparedness planning, both Department agencies and private sec- national and international, and guid- tor businesses and industries in emer- ance to USDA State and County Emer- gency planning and public education gency Boards. (vi) [Reserved] under Department authorities dele- (vii) Provide representation and liai- gated or assigned under the National son for the Department in contacts Response Framework, National Infra- with other Federal entities and organi- structure Protection Plan, Defense zations, including the National Secu- Production Act of 1950, 50 U.S.C. App. rity Council, Homeland Security Coun- 2061, et seq., and Robert T. Stafford Dis- cil, Office of Management and Budget, aster Relief and Emergency Assistance Department of Homeland Security, Act, 42 U.S.C. 5121, et seq. Federal Emergency Management Agen- (13) Oversee the Department’s ability cy, Office of The Director of National to collect and disseminate information Intelligence, and Department of De- and prepare for an agricultural disease fense concerning matters of a national emergency, agroterrorist act, or other security, natural disaster, other emer- threat to agricultural biosecurity, and gencies, and agriculture/food-related coordinate such activities among agen- international civil emergency planning cies and offices within the Department and related activities. (7 U.S.C. 8912). (viii) Act as the primary USDA rep- (14) Promulgate Departmental poli- resentative for anti-terrorism activi- cies, standards, techniques, and proce- ties. dures and represent the Department in (ix) [Reserved] providing security guidance to the (x) Provide guidance and direction Food and Agricultural Sector nation- regarding radiological emergency pre- paredness programs and the implemen- wide. This includes the following du- tation of the National Response ties: Framework’s Nuclear/Radiological In- (i) Provide guidance to USDA agen- cident Annex to Departmental staff of- cies and the Food and Agricultural fices, mission areas, and agencies. Sector in matters of security through (xi) Provide program leadership and use of assessments and development of coordination for USDA’s radiological mitigation strategies. emergency preparedness requirements (ii) Represent and act as liaison for with respect to Emergency Manage- the Department in contacts with other ment and Assistance (44 CFR parts 350 Federal security entities and organiza- through 352). tions, including the Interagency Secu- (xii) Represent USDA on the Federal rity Committee and the Department of Radiological Preparedness Coordi- Homeland Security. nating Committee (FRPCC) and Re- (iii) Provide guidance and direction gional Assistance Committees (RACs) to ensure physical security and agri- and assist them in carrying out their culture/food security are fully inte- functions. grated in USDA’s security prepara- (xiii) Support USDA in its manage- tions, which are reported to and coordi- ment of the Department’s emergency nated with the White House. response program with respect to radi- ological emergency response activities. (iv) Provide assistance to the USDA (xiv) [Reserved] agencies in preparation for and during (10) Administer the Classified Net- a disaster to identify critical assets work, Controlled Unclassified Informa- and possible alternate storage loca- tion, and Insider Threat programs of tions.

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(15) Provide oversight and coordina- telligence Agency concerning guidance, tion of the development and adminis- approval, requirements, and oversight tration of the Department Continuity of USDA secure facilities. Program. This includes: (vi) Act as the USDA focal point to (i) Provide guidance and direction re- identify, receive, disseminate and safe- garding continuity of operations to the guard USDA related intelligence infor- Office of the Secretary, Departmental mation as required; convey informa- staff offices, mission areas, and agen- tion to USDA policy officials; and li- cies. aise with the intelligence community, (ii) Represent and act as liaison for as appropriate. the Department in contacts with other (17) Control within USDA the acqui- Federal entities and organizations con- sition, use, and disposal of material cerning matters of assigned continuity and equipment that can be a source of program responsibilities. ionizing radiation. (iii) Oversee Department continuity (i) Promulgate policies and proce- of operations and emergency relocation dures for ensuring the safety of USDA facility planning, development, equip- employees, the public, and the environ- ping, and preparedness to ensure that ment resulting from USDA’s use of ion- resources are in a constant state of izing radiation sources. readiness. (ii) Maintain and ensure compliance (16) Provide for the development and with the Nuclear Regulatory Commis- administration of a Public Trust pro- sion regulations (Title 10, Code of Fed- gram for the safeguarding of national eral Regulations) and license(s) issued security information: to USDA for the acquisition, use, and (i) Direct and administer USDA’s disposal of radioactive materials. public trust program established pursu- ant to 5 CFR part 731 and Executive [75 FR 43381, July 23, 2010, as amended at 80 Order 13488, ‘‘Granting Reciprocity on FR 58339, Sept. 29, 2015; 83 FR 61317, Nov. 29, Excepted Service and Federal Con- 2018; 85 FR 65522, Oct. 15, 2020] tractor Employee Fitness and Reinves- § 2.96 Director, Office of Operations. tigating Individuals in Positions of Public Trust’’ (74 FR 4111, 3 CFR, 2010 (a) Delegations. Pursuant to Comp., p. 189). § 2.24(a)(9), and with due deference for (ii) Direct and administer USDA’s delegations to other Departmental Ad- program under which information is ministration officials, the following safeguarded pursuant to Executive delegations of authority are made by Order 13526, ‘‘Classified National Secu- the Assistant Secretary for Adminis- rity Information’’ (75 FR 707, 3 CFR, tration to the Director, Office of Oper- 2010 Comp., p. 298), or subsequent or- ations: ders. (1) Provide services relating to facili- (iii) Establish and maintain Informa- ties management and daily operational tion Security policies and procedures support for agencies and offices occu- for classifying, declassifying, safe- pying USDA’s headquarters complex, guarding, and disposing of classified George Washington Carver Center, and, national security information and ma- in coordination with the General Serv- terials. ices Administration (GSA), USDA (iv) Investigate or delegate authority leased facilities in the Washington, DC to investigate any potential com- metropolitan area, as well as at emer- promises of classified national security gency relocation sites and certain crit- information and take corrective action ical facilities specified by the Assistant for violations or infractions under sec- Secretary for Administration in the tion 5.5(b), of Executive Order 13526 or following areas: any subsequent order. (i) Acquiring, leasing, utilizing, con- (v) Develop and maintain oversight of structing, maintaining, and disposing all facilities throughout USDA where of real property, including control of classified national security informa- space assignments, and architecture tion is or will be safeguarded, dis- and engineering design oversight. cussed, or processed including sole au- (ii) Sustainable Operations leader- thority to liaison with the Central In- ship and management in the areas of

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internal energy efficiency, conserva- general administrative support includ- tion and recycling in support of Execu- ing coordination of office renovations tive Orders 13423, ‘‘Strengthening Fed- and moves (within USDA Whitten eral Environmental, Energy, and Building), with authority to take ac- Transportation Management,’’ 3 CFR, tions required by law or regulation to 2007 Comp., p. 193, and 13514, ‘‘Federal perform such services for: Leadership in Environmental, Energy, (i) The Secretary of Agriculture. and Economic Performance’’ (74 FR (ii) The general officers of the De- 52117, Oct. 8, 2009). partment, except the Inspector Gen- (iii) Occupational health, safety, and eral. related functions; and environmental (iii) The offices and agencies report- compliance pursuant to Executive ing to the Assistant Secretary for Ad- Order 12088, ‘‘Federal Compliance with ministration. Pollution Control Standards,’’ 3 CFR, (iv) The Office of the Assistant Sec- 1978 Comp., p. 243, to ensure actions are taken for the prevention, control, and retary for Civil Rights. abatement of environmental pollution. (v) Any other offices or agencies of (2) Provide centralized Departmental the Department as may be agreed. business services including: (7) Prepare responses to requests (i) Printing, copy reproducing, offset under the Freedom of Information Act composing, mail management and de- with authority to take actions as re- livery, and automated mailing lists. quired by law or regulation for the of- (ii) USDA Nationwide mail manage- fice and agencies reporting to the As- ment policy. sistant Secretary for Administration. (iii) Operation of a disability re- (8) Administer the records manage- source center for all USDA agencies in ment program in support the Washington, DC metropolitan area ofDepartmental Administration, and and nationwide in the areas of acces- prepare and coordinate responses to sible technologies and reasonable ac- management audits by the Inspector commodations. General and the Government Account- (iv) General supplies, shipping and re- ability Office, with authority to take ceiving, warehouse and labor services. actions as required by law or regula- (v) Operation of a USDA Consolidated tion for the offices and agencies report- Forms and Publications Distribution ing to the Assistant Secretary for Ad- Center for storage and nationwide dis- ministration. tribution of USDA program forms and (b) [Reserved] publications. (vi) Excess personal property oper- [75 FR 43381, July 23, 2010, as amended at 78 ations with disposition responsibility FR 40939, July 9, 2013; 80 FR 38339, Sept. 29, 2015; 85 FR 65524, Oct. 15, 2020] for all USDA agencies in the Wash- ington, DC metropolitan area. § 2.97 Director, Office of the Executive (vii) Operation of a GSA authorized Secretariat. Federal excess property Sales Center for USDA property and other govern- (a) Delegations. Pursuant to ment agencies in the Washington, DC § 2.24(a)(10), and with due deference for metropolitan area via Memorandum of delegations to other Departmental Ad- Understanding (MOU). ministration officials, the following (3) [Reserved] delegations of authority are made by (4) Provide management and over- the Assistant Secretary for Adminis- sight of the Secretary’s People’s Gar- tration to the Director, Office of the den initiative and the USDA Visitor’s Executive Secretariat: Center for education and outreach to (1) Exercise responsibility for all cor- USDA and the public. respondence control and related (5) Represent the Department in con- records management functions for the tacts with other organizations or agen- Office of the Secretary. cies on matters related to assigned re- (2) Provide administrative, editorial, sponsibilities. and project management support serv- (6) Provide services, including travel ices to the Immediate Office of the Sec- support, conference management, and retary.

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(3) Administer the Departmental the Deputy Assistant Secretary for records, forms, reports and directives Civil Rights, to be exercised only dur- management programs. ing the absence or unavailability of the (b) [Reserved] Assistant Secretary: Perform all duties [60 FR 56393, Nov. 8, 1995, as amended at 83 and exercise all powers, which are now FR 61317, Nov. 29, 2018] or which may hereafter be delegated to the Assistant Secretary. Subpart Q—Delegations of [77 FR 14954, Mar. 14, 2012] Authority by the General Counsel Subpart S—Delegations of Author- § 2.200 Principal Deputy General Counsel. ity by the Chief Information Officer Pursuant to § 2.31, the following dele- gation of authority is made by the § 2.400 Deputy Chief Information Offi- General Counsel to the Principal Dep- cer. uty General Counsel, to be exercised Pursuant to § 2.89, the following dele- only during the absence or unavail- gation of authority is made by the ability of the General Counsel: Perform Chief Information Officer to the Dep- all duties and exercise all powers that uty Chief Information Officer, to be ex- are now or which may hereafter be del- ercised only during the absence or un- egated to the General Counsel. availability of the Chief Information [78 FR 40940, July 9, 2013] Officer: Perform all duties and exercise all powers which are now or which may § 2.201 Director, Office of Ethics. hereafter be delegated to the Chief In- Pursuant to the Office of Govern- formation Officer. ment Ethics regulations at 5 CFR part [75 FR 43393, July 23, 2010] 2638, the Director, Office of Ethics, shall be the USDA Designated Agency Ethics Official with the authority to Subpart T—Delegations of Author- coordinate and manage the Depart- ity by the Chief Financial Offi- ment’s ethics program as provided in cer part 2638. [78 FR 40940, July 9, 2013] SOURCE: 75 FR 43393, July 23, 2010, unless otherwise noted. § 2.202 Deputy Director, Office of Eth- ics. § 2.500 Principal Deputy Chief Finan- cial Officer. Pursuant to the Office of Govern- ment Ethics regulations at 5 CFR part Pursuant to § 2.28, the following dele- 2638, the Deputy Director, Office of gation of authority is made by the Ethics, shall be the USDA Alternate Chief Financial Officer to the Principal Agency Ethics Official and shall exer- Deputy Chief Financial Officer, to be cise the authority reserved to the exercised only during the absence or USDA Designated Agency Ethics Offi- unavailability of the Chief Financial cial as provided in part 2638 in the ab- Officer: Perform all the duties and ex- sence or unavailability of the USDA ercise all the powers which are now or Designated Agency Ethics Official. which may hereafter be delegated to the Chief Financial Officer. [78 FR 40940, July 9, 2013] [79 FR 44117, July 30, 2014, as amended at 85 Subpart R—Delegations of Author- FR 65524, Oct. 15, 2020] ity by the Assistant Secretary for Civil Rights Subpart U—Delegations of Author- ity by the Under Secretary for § 2.300 Deputy Assistant Secretary for Trade and Foreign Agricultural Civil Rights. Affairs Pursuant to § 2.25, the following dele- gation of authority is made by the As- SOURCE: 83 FR 22188, May 14, 2018, unless sistant Secretary for Civil Rights to otherwise noted.

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§ 2.600 Deputy Under Secretary for (2) Conduct functions of the Depart- Trade and Foreign Agricultural Af- ment relating to WTO, the Trade Ex- fairs. pansion Act of 1962 (19 U.S.C. 1801 et Pursuant to § 2.26(a), subject to res- seq.), the Trade Act of 1974 (19 U.S.C. ervations in § 2.26(b), and subject to 2101 et seq.), the Trade Agreements Act policy guidance and direction by the of 1979 (19 U.S.C. 2501 et seq.), the Omni- Under Secretary, the following delega- bus Trade and Competition Act of 1988 tion of authority is made to the Dep- (19 U.S.C. 2901 et seq.), the provisions of uty Under Secretary for Trade and For- subtitle B of title III of the North eign Agricultural Affairs, if appointed, American Free Trade Agreement Im- to be exercised only during the absence plementation Act (except the provi- or unavailability of the Under Sec- sions concerning the end-use certifi- retary: Perform all the duties and exer- cate system authorized pursuant to cise all the powers which are now or section 321(f) of that Act (19 U.S.C. 3391(f)) delegated to the Administrator, which may hereafter be delegated to Farm Service Agency), and other legis- the Under Secretary for Trade and For- lation affecting international agricul- eign Agricultural Affairs: Provided, tural trade including the programs de- that this authority shall be exercised signed to reduce foreign tariffs and by the respective Deputy Under Sec- other trade barriers. retary in the order in which he or she (3) Conduct studies of worldwide pro- has taken office as a Deputy Under duction, trade, marketing, prices, con- Secretary. sumption, and other factors affecting exports and imports of U.S. agricul- § 2.601 Administrator, Foreign Agricul- tural Service. tural commodities; obtain information on methods used by other countries to (a) Delegations. Pursuant to § 2.26(a)(1) move farm commodities in world trade and (3), subject to reservations in on a competitive basis for use in the § 2.26(b), the following delegations of development of programs of this De- authority are made by the Under Sec- partment; provide information to do- retary for Trade and Foreign Agricul- mestic producers, the agricultural tural Affairs to the Administrator, trade, the public and other interests; Foreign Agricultural Service: and promote normal commercial mar- (1) Coordinate the carrying out by kets abroad. This delegation excludes Department agencies of their functions basic and long-range analyses of world involving foreign agriculture policies conditions and developments affecting and programs and their operations and supply, demand, and trade in farm activities in foreign areas. Act as liai- products and general economic anal- son on these matters and functions re- yses of the international financial and lating to foreign agriculture between monetary aspects of agricultural af- the Department of Agriculture and the fairs as assigned to the Under Sec- Department of State, the United States retary for Research, Education, and Trade Representative, the Trade Policy Economics. Committee, the Agency for Inter- (4) Administer Departmental pro- national Development and other de- grams concerned with development of partments, agencies and committees of foreign markets for agricultural prod- the U.S. Government, foreign govern- ucts of the United States except func- ments, the Organization for Economic tions relating to export marketing op- Cooperation and Development, the Eu- erations under section 32, of the Act of ropean Union, the Food and Agri- August 23, 1935, as amended (7 U.S.C. culture Organization of the United Na- 612c), delegated to the Under Secretary tions, the International Bank for Re- for Marketing and Regulatory Pro- construction and Development, the grams, and utilization research dele- Inter–American Development Bank, gated to the Under Secretary for Re- the Organization of American States, search, Education, and Economics. and other public and private United (5) Exercise the Department’s func- States and international organizations, tions with respect to the International and the contracting parties to the Coffee Agreement or any such future World Trade Organization (WTO). agreement.

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(6) Administer functions of the De- ized by the Agricultural Trade Act of partment relating to import controls 1978, as amended (7 U.S.C. 5601 et seq.). including, among others, functions (15) Formulate policies and admin- under section 22 of the Agricultural ister barter programs under which ag- Adjustment Act of 1933, as amended (7 ricultural commodities are exported. U.S.C. 624), the Harmonized Tariff (16) Perform functions of the Depart- Schedule of the United States (19 ment in connection with the develop- U.S.C. 1202), and section 204 of the Ag- ment and implementation of agree- ricultural Act of 1956, as amended (7 ments to finance the sale and expor- U.S.C. 1854) but not including those tation of agricultural commodities on functions reserved to the Secretary long-term credit or for foreign cur- under § 2.16(b)(2) and those relating to rencies under the Food for Peace Act (7 section 8e of the Agricultural Adjust- U.S.C. 1691, 1701 et seq.). ment Act of 1933, as amended (7 U.S.C. (17) Coordinate within the Depart- 608e–1), as assigned to the Under Sec- ment activities arising under the Food retary for Marketing and Regulatory for Peace Act (except as delegated to Programs. the Under Secretary for Research, Edu- (7) Conduct Department activities to cation, and Economics in § 2.21(a)(8)), carry out the provisions of the Export and represent the Department in its re- Administration Act of 1979, as amended lationships in such matters with the (50 U.S.C. Chapter 56). Department of State, any interagency (8) Exercise the Department’s respon- committee on the Food for Peace Act, sibilities in connection with inter- and other departments, agencies, and national negotiations of the Grains committees of the Government. Trade Convention and in the adminis- (18)–(19) [Reserved] tration of such Convention. (20) Carry out activities relating to (9) Administer responsibilities and the sale, reduction, or cancellation of functions assigned under the Defense debt, as authorized by title VI of the Production Act of 1950, as amended (50 Agricultural Trade and Development U.S.C. App. 2061 et seq.), and title VI of Act of 1954, as amended (7 U.S.C. 1738 et the Robert T. Stafford Disaster Relief seq.). and Emergency Assistance Act (42 (21) Promote cooperation and coordi- U.S.C. 5195 et seq.), concerning foreign nation between 1862, 1890, 1994, and agricultural intelligence and other for- NLGCA Institutions, HSACUs, and co- eign agricultural matters. operating forestry schools and inter- (10) Conduct economic analyses per- national partner institutions in devel- taining to the foreign sugar situation. oping countries by exercising the Sec- (11) Exercise the Department’s func- retary’s authority in 7 U.S.C. 3292, in- tions with respect to the International cluding coordinating with the Director Sugar Agreement or any such future of the National Institute of Food and agreements. Agriculture and Administrator of the (12) Exercise the Department’s re- Agricultural Research Service to place sponsibilities with respect to tariff- interns from covered institutions in, or rate quotes for dairy products under in service to benefit, developing coun- chapter 4 of the Harmonized Tariff tries. Schedule of the United States (19 (22) Allocate the agricultural com- U.S.C. 1202). modities acquired under price support (13) Serve as a focal point for han- programs that have been determined dling quality or weight discrepancy in- by the FSA Administrator to be avail- quiries from foreign buyers of U.S. ag- able for export among the various ex- ricultural commodities to insure that port programs. they are investigated and receive a (23) Maintain a worldwide agricul- timely response and that reports there- tural intelligence and reporting sys- of are made to appropriate parties and tem, including provision for foreign ag- government officials in order that cor- ricultural representation abroad to rective action may be taken. protect and promote U.S. agricultural (14) Formulate policies and admin- interests and to acquire information on ister programs and activities author- demand, competition, marketing, and

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distribution of U.S. agricultural com- departmental programs to develop for- modities abroad pursuant to title VI of eign markets for U.S. agricultural the , as amend- products. ed (7 U.S.C. 1761–1768). (25) Establish and administer regula- (24) Plan and carry out programs and tions relating to foreign travel by em- activities under the foreign market ployees of the Department. Regula- promotion authority of: The Wheat Re- tions will include, but not be limited search and Promotion Act (7 U.S.C. to, obtaining and controlling passports, 1292 note); the Cotton Research and obtaining visas, coordinating Depart- Promotion Act (7 U.S.C. 2101–2118); the ment of State medical clearances and Potato Research and Promotion Act (7 imposing requirements for itineraries U.S.C. 2611–2627); the Egg Research and and contacting the Foreign Agricul- Consumer Information Act of 1974 (7 tural Affairs Officers upon arrival in U.S.C. 2701–2718); the Beef Research and the Officers’ country(ies) of responsi- Information Act, as amended (7 U.S.C. bility. 2901–2911); the Wheat and Wheat Foods (26) Administer the Foreign Service Research and Nutrition Education Act personnel system for the Department (7 U.S.C. 3401–3417); the Floral Research in accordance with 22 U.S.C. 3922, ex- and Consumer Information Act of 1981 cept as otherwise delegated in (7 U.S.C. 4301–4319); subtitle B of title I § 2.80(a)(1), but including authority to of the Dairy and Tobacco Adjustment represent the Department of Agri- Act of 1983 (7 U.S.C. 4501–4514); the culture in all interagency consulta- Honey Research, Promotion, and Con- tions and negotiations with the other sumer Information Act of 1984, as foreign affairs agencies with respect to amended (7 U.S.C. 4601–4613); the Pork joint regulations and authority to ap- Promotion, Research, and Consumer prove joint regulations issued by the Information Act of 1985 (7 U.S.C. 4801– Department of State relating to the ad- 4819); the Watermelon Research and ministration of the Foreign Service. Promotion Act, as amended (7 U.S.C. (27) Establish and maintain U.S. Ag- 4901–4916); the Pecan Promotion and ricultural Trade Offices to develop, Research Act of 1990 (7 U.S.C. 6001– maintain and expand international 6013); the Mushroom Promotion, Re- markets for U.S. agricultural commod- search, and Consumer Information Act ities in accordance with title IV of of 1990 (7 U.S.C. 6101–6112); the Lime Re- Public Law No. 95–501 (7 U.S.C. 1765a– search, Promotion, and Consumer In- g). formation Act of 1990 (7 U.S.C. 6201– (28) Administer the programs under 6212); the Soybean Promotion, Re- section 416(b) of the Agricultural Act of search, and Consumer Information Act 1949, as amended (7 U.S.C. 1431(b)), re- of 1990 (7 U.S.C. 6301–6311); the Fluid lating to the foreign donation of CCC Milk Promotion Act of 1990 (7 U.S.C. stocks of agricultural commodities, ex- 6401–6417); the Fresh Cut Flowers and cept as otherwise delegated in Fresh Cut Greens Promotion and Con- § 2.42(a)(43). sumer Information Act (7 U.S.C. 6801– (29)–(30) [Reserved] 6814); the Sheep Promotion, Research, (31) Administer programs under the and Information Act of 1994 (7 U.S.C. Food for Progress Act of 1985 (7 U.S.C. 7101–7111); the Commodity Promotion, 1736o), except as otherwise delegated in Research, and Information Act of 1996 § 2.42(a)(43). (7 U.S.C. 7411–7425); the Canola and (32) Serve as Department adviser on Rapeseed Research, Promotion, and policies, organizational arrangements, Consumer Information Act (7 U.S.C. budgets, and actions to accomplish 7441–7452); the National Kiwifruit Re- international scientific and technical search, Promotion, and Consumer In- cooperation in food and agriculture. formation Act (7 U.S.C. 7461–7473); and, (33) Administer and direct the De- the Popcorn Promotion, Research, and partment’s programs in international Consumer Information Act (7 U.S.C. development, technical assistance, and 7481–7491). This authority includes de- training carried out under the Foreign termining the programs and activities Assistance Act, as amended, as re- to be undertaken and assuring that quested under such act (22 U.S.C. 2151 et they are coordinated with the overall seq.).

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(34) Administer and coordinate as- (44) Implement section 3107 of the signed Departmental programs in Farm Security and Rural Investment international research and scientific Act of 2002 (7 U.S.C. 1736o–1). and technical cooperation with other (45) Support remote sensing activi- governmental agencies, land grant uni- ties of the Department and research versities, international organizations, with satellite imagery including: international agricultural research (i) Providing liaison with U.S. space centers, and other organizations, insti- programs; tutions, or individuals (7 U.S.C. 1624, (ii) Providing administrative man- 3291). agement of the USDA Remote Sensing (35) Direct and coordinate the De- Archive and the transfer of satellite partment’s participation in scientific imagery to all USDA agencies; and technical matters and exchange (iii) Coordinating all agency satellite agreements between the United States imagery data needs; and and other countries. (iv) Arranging for acquisition, and (36) Direct and coordinate the De- preparation of imagery for use to the partment’s work with international or- extent of existing capabilities. ganizations and interagency commit- (46) Administer the International Ag- tees concerned with food and agricul- ricultural Education Fellowship Pro- tural development programs (7 U.S.C. gram (7 U.S.C. 3295). 2201 and 2202). (47) Implement section 3206 of the (37) Coordinate policy formulation Food, Conservation, and Energy Act of for USDA international science and 2008 (7 U.S.C. 1726c) regarding local and technology programs concerning inter- regional food aid procurement projects. national agricultural research centers, (48) Administer the Borlaug Inter- international organizations, and inter- national Agricultural Science and national agricultural research and ex- Technology Fellowship Program (7 tension activities (7 U.S.C. 3291). U.S.C. 3319j). (38) Disseminate, upon request, infor- (49) Compile and make available in- mation on subjects connected with ag- formation relating to the improvement riculture which has been acquired by of international food security, and pro- USDA agencies that may be useful to vide technical assistance for the im- the U.S. private sector in expanding provement of international food secu- foreign markets and investment oppor- rity to Federal, State, or local agen- tunities through the operation of a De- cies; agencies or instrumentalities of partment information center, pursuant the government of foreign country; do- to 7 U.S.C. 2201. mestic or international organizations; (39) Enter into contracts, grants, co- or intergovernmental organizations (7 operative agreements, and cost reim- U.S.C. 1736dd). bursable agreements relating to agri- (50) Administer the following provi- cultural research, extension, or teach- sions of the Agricultural Act of 2014, ing activities (7 U.S.C. 3318, 3319a). Public Law 113–79: (40) Determine amounts reimbursable (i) Section 12314 relating to the Pima for indirect costs under international Agriculture Cotton Trust Fund (7 agricultural programs and agreements U.S.C. 2101 note), in coordination with (7 U.S.C. 3319). the Administrator, Farm Service Agen- (41) Administer the Cochran Fellow- cy. ship Program (7 U.S.C. 3293). (ii) Section 12315 relating to the Agri- (42) Determine quantity trigger lev- culture Wool Apparel Manufacturers els and impose additional duties under Trust Fund (7 U.S.C. 7101 note), in co- the special safeguard measures in ac- ordination with the Administrator, cordance with U.S. note 2 to sub- Farm Service Agency. chapter IV of chapter 99 of the Har- (51) In consultation with the Tribal monized Tariff Schedule of the United Advisory Committee and the Director States (19 U.S.C. 1202). of the Office of Tribal Relations, and in (43) Implement provisions of the coordination with the Secretaries of Trade Act of 1974 regarding adjustment Commerce, State, Interior, and the assistance for farmers. (19 U.S.C. 2401– heads of any other relevant Federal 2401g). agencies, implement section 3312 of the

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Agriculture Improvement Act of 2018 (7 (v) Enter into contracts, grants, co- U.S.C. 5608) to support greater inclu- operative agreements, and cost reim- sion of Tribal agricultural food prod- bursable agreements to carry out the ucts in Federal trade activities. Department’s agricultural research, ex- (b) [Reserved] tension, or teaching activities related to the sanitary and phytosanitary [83 FR 22188, May 14, 2018, as amended at 85 standard-setting activities of the Codex FR 65524, Oct. 15, 2020] Alimentarius Commission (7 U.S.C. 3318, 3319a). § 2.602 Manager, U.S. Codex Office. (vi) Determine amounts reimbursable (a) Delegations. Pursuant to for indirect costs under international § 2.26(a)(5), subject to reservations in agricultural programs and agreements § 2.26(b), the following delegations of (7 U.S.C. 3319). authority are made by the Under Sec- (vii) Coordinate policy formulation retary for Trade and Foreign Agricul- for USDA international science and tural Affairs. technology programs concerning the (i) Inform the public of the sanitary sanitary and phytosanitary standard- and phytosanitary standard-setting ac- setting activities of the Codex tivities of the Codex Alimentarius Alimentarius Commission (7 U.S.C. Commission (19 U.S.C. 2578; Pres. Proc. 3291). 6780). (b) [Reserved] (ii) Enter into agreements with orga- nizations, institutions or individuals Subpart V—Delegations of Author- throughout the world to conduct ac- ity by the Director, Office of tivities related to the sanitary and Partnerships and Public En- phytosanitary standard-setting activi- gagement ties of the Codex Alimentarius Com- mission, including international out- reach and education, in order to pro- SOURCE: 83 FR 61317, Nov. 29, 2018 unless otherwise noted. mote and support the development of a viable and sustainable global agricul- § 2.700 Director, Office of Advocacy tural system; antihunger and improved and Outreach. international nutrition efforts; and in- (a) Delegations. Pursuant to creased quantity, quality, and avail- § 2.38(a)(1), and with due deference for ability of food (7 U.S.C. 3291). delegations to other Departmental Ad- (iii) Coordinate with institutions and ministration officials, the following other persons throughout the world delegations of authority are made by performing agricultural and related re- the Director, Office of Partnerships and search, extension, and teaching activi- Public Engagement to the Director, Of- ties by exchanging research materials fice of Advocacy and Outreach: and results with such institutions or (1) Ensure that small farms and persons or by conducting with such in- ranches, beginning farmers or ranch- stitutions or persons joint or coordi- ers, and socially disadvantaged farmers nated research, extension, or teaching or ranchers have access to, and equi- activities that are related to the sani- table participation in, programs and tary and phytosanitary standard-set- services of the Department pursuant to ting activities of the Codex section 226B(c) of the Department of Alimentarius Commission and that ad- Agriculture Reorganization Act of 1994 dress problems of significance to food (7 U.S.C. 6934(c)). and agriculture in the United States (7 (2) Oversee the Advisory Committee U.S.C. 3291). for Beginning Farmers and Ranchers. (iv) Work with transitional and more (3) Oversee the operations of the Of- advanced countries in food, agricul- fice of Small Farms Coordination. tural, and related research, develop- (4) Administer section 2501 of the ment, teaching, and extension activi- Food, Agriculture, Conservation, and ties related to the sanitary and Trade Act of 1990 (7 U.S.C. 2279), as phytosanitary standard-setting activi- amended, except for the beginning ties of the Codex Alimentarius Com- farmer and rancher development pro- mission (7 U.S.C. 3291). gram in subsection (d) and authorities

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related to the Census of Agriculture (b) [Reserved] and economic studies in subsection (j) [83 FR 61317, Nov. 29, 2018, as amended at 85 of that section. FR 65524, Oct. 15, 2020] (5) Oversee the Minority Farmer Ad- visory Committee pursuant to section § 2.701 Director, Office of Tribal Rela- 14008 of FCEA (7 U.S.C. 2279 note). tions. (6) Administer the low-income mi- (a) Delegations. Pursuant to grant and seasonal farmworker grants § 2.38(a)(2), the following delegations of program under section 2281 of the Food, authority are made by the Director, Of- Agriculture, Conservation, and Trade fice of Partnerships and Public Engage- Act of 1990 (42 U.S.C. 5177a). ment to the Director, Office of Tribal (7) Consult with appropriate entities Relations. regarding integration of farmworker (1) Serve as the Department’s pri- interests into Department programs, mary point of contact for tribal issues. including assisting farmworkers in be- (2) Advise the Secretary on policies coming agricultural producers or land- related to Indian tribes. (3) Serve as the official with prin- owners, and research, program im- cipal responsibility for the implemen- provements, and agricultural education tation of Executive Order 13175, ‘‘Con- opportunities for low-income and mi- sultation and Coordination with Indian grant seasonal farmworkers. Tribal Governments,’’ including the (8) Administer the grants program provision of Department-wide guidance under section 14204 of FCEA (7 U.S.C. and oversight regarding tribal con- 2008q–1) to improve the supply, sta- sultation, coordination, and collabora- bility, safety, and training of the agri- tion. cultural labor force. (4) Coordinate the Department’s pro- (9) Administer and coordinate a grams involving assistance to Amer- USDA outreach program in collabora- ican Indians and Alaska Natives. tion with USDA agencies. (5) Enter into cooperative agree- (10) Administer section 2501A of the ments to improve the coordination and Food, Agriculture, Conservation, and effectiveness of Federal programs, Trade Act of 1990 (7 U.S.C. 2279–1), in- services, and actions affecting rural cluding the authority to coordinate De- areas (7 U.S.C. 2204b(b)(4)); and to pro- partment policy for the issuance of re- vide outreach and technical assistance ceipts under subsection (e) of that sec- to socially disadvantaged farmers and tion. ranchers and veteran farmers and (11) Provide strategic planning and ranchers (7 U.S.C. 2279(a)(3)). performance measurement, coordinate (6) Consult with the Administrator, Foreign Agricultural Service on the outreach activities, monitor goals and implementation of section 3312 of the objectives, and evaluate programs, of Agriculture Improvement Act of 2018 (7 Department programs and activities U.S.C. 5608) to support greater inclu- involving small farms or ranches and sion of Tribal agricultural food prod- beginning or socially disadvantaged ucts in Federal trade activities. farmers or ranchers. (7) In coordination with the Adminis- (12) Administer the USDA/1994 Land trators of the Rural Utilities Service, Grant Institutions (Tribal Colleges) Rural Business-Cooperative Service, Programs. and Rural Housing Service, provide (13) Administer the USDA/1890 Liai- technical assistance to improve access son Officer Program. by Tribal entities to rural development (14) Administer the Hispanic Serving programs funded by the Department of Institutions National Program, includ- Agriculture through available coopera- ing through the use of cooperative tive agreement authorities (7 U.S.C. agreements under 7 U.S.C. 3318(b). 2671). (15) Serve as a lead agency in car- (8) Oversee the Tribal Advisory Com- rying out student internship programs mittee (7 U.S.C. 6921). (7 U.S.C. 2279c). (b) [Reserved] (16) Coordinate outreach to Asian- [83 FR 61317, Nov. 29, 2018, as amended at 85 Americans and Pacific Islanders. FR 65524, Oct. 15, 2020]

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