7 CFR Part 2

§ 1c.124 7 CFR Subtitle A (1–1–06 Edition)

criteria, factors such as whether the 2.17 Under Secretary for Rural Develop- applicant has been subject to a termi- ment. nation or suspension under paragarph 2.18 Under Secretary for Food Safety. (a) of this section and whether the ap- 2.19 Under Secretary for Food, Nutrition, plicant or the person or persons who and Consumer Services. would direct or has have directed the 2.20 Under Secretary for Natural Resources and Environment. scientific and technical aspects of an 2.21 Under Secretary for Research, Edu- activity has have, in the judgment of cation, and Economics. the department or agency head, mate- 2.22 Under Secretary for Marketing and rially failed to discharge responsibility Regulatory Programs. for the protection of the rights and 2.23 Assistant Secretary for Congressional welfare of human subjects (whether or Relations. not the research was subject to federal 2.24 Assistant Secretary for Administra- regulation). tion. 2.25 Assistant Secretary for Civil Rights. § 1c.124 Conditions. Subpart D—Delegations of Authority to With respect to any research project or any class of research projects the de- Other General Officers and Agency Heads partment or agency head may impose 2.26 Director, Office of the Executive Secre- additional conditions prior to or at the tariat. time of approval when in the judgment 2.27 Office of Administrative Law Judges. of the department or agency head addi- 2.28 Chief Financial Officer. tional conditions are necessary for the 2.29 Chief Economist. protection of human subjects. 2.30 Director, Office of Budget and Program Analysis. 2.31 General Counsel. PART 2—DELEGATIONS OF AU- 2.32 Director, Homeland Security Staff. THORITY BY THE SECRETARY OF 2.33 Inspector General. AGRICULTURE AND GENERAL OF- 2.34 Director, National Appeals Division. FICERS OF THE DEPARTMENT 2.35 Judicial Officer. 2.36 Director, Office of Communications. Subpart A—General 2.37 Chief Information Officer. Sec. Subpart E [Reserved] 2.1 Establishment of the Department. 2.2 Authority of the Secretary to prescribe Subpart F—Delegations of Authority by the regulations. Under Secretary for Farm and Foreign 2.3 Authority of the Secretary to delegate Agricultural Services authority. 2.4 General officers. 2.40 Deputy Under Secretary for Farm and 2.5 Order in which officers of the Depart- Foreign Agricultural Services. ment shall act as Secretary. 2.42 Administrator, Farm Service Agency. 2.43 Administrator, Foreign Agricultural Subpart B—General Delegations of Service. Authority by the Secretary of Agriculture 2.44 Administrator, Risk Management 2.7 Authority to supervise and direct. Agency and Manager, Federal Crop In- 2.8 Delegations of authority to agency surance Corporation. heads to order that the United States flag be flown at half-staff. Subpart G—Delegations of Authority by the 2.9 Additional delegations. Under Secretary for Rural Development 2.10 Limitations. 2.11 New principles and periodic reviews. 2.45 Deputy Under Secretary for Rural Eco- 2.12 Secretary and general officers not pre- nomic and Community Development. cluded from exercising delegated powers. 2.47 Administrator, Rural Utilities Service. 2.13 Status of prior delegations. 2.48 Administrator, Rural Business-Cooper- ative Service. Subpart C—Delegations of Authority to the 2.49 Administrator, Rural Housing Service. Deputy Secretary, the Under Secre- taries and Assistant Secretaries Subpart H—Delegations of Authority by the Under Secretary for Food Safety 2.15 Deputy Secretary. 2.16 Under Secretary for Farm and Foreign 2.51 Deputy Under Secretary for Food Safe- Agricultural Services. ty.

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2.53 Administrator, Food Safety and Inspec- 2.81 Administrator, Grain Inspection, Pack- tion Service. ers and Stockyards Administration.

Subpart I—Delegations of Authority by the Subpart O—Delegations of Authority by the Under Secretary for Food, Nutrition, Assistant Secretary for Congressional and Consumer Services Relations

2.55 Deputy Under Secretary for Food, Nu- 2.83 Deputy Assistant Secretary for Con- trition, and Consumer Services. gressional Relations. 2.57 Administrator, Food and Nutrition 2.85 Director, Office of Intergovernmental Service. Affairs.

Subpart J—Delegations of Authority by the Subpart P—Delegations of Authority by the Under Secretary for Natural Resources Assistant Secretary for Administration and Environment 2.87 Deputy Assistant Secretary for Admin- istration. 2.59 Deputy Under Secretaries for Natural 2.88 Director, Office of Small and Disadvan- Resources and Environment. taged Business Utilization. 2.60 Chief, Forest Service. 2.90 [Reserved] 2.61 Chief, Natural Resources Conservation 2.91 Director, Office of Operations. Service. 2.92 Director, Office of Human Resources Management. Subpart K—Delegations of Authority by the 2.93 Director, Office of Procurement and Under Secretary for Research, Edu- Property Management. cation, and Economics 2.94 Director, Office of Planning and Coorination. 2.63 Deputy Under Secretary for Research, 2.95 Director, Office of Ethics. Education, and Economics. 2.65 Administrator, Agricultural Research Subpart Q—Delegations of Authority by the Service. Chief Information Officer 2.66 Administrator, Cooperative State Re- 2.200 Deputy Chief Information Officer. search, Education, and Extension Serv- ice. Subpart R—Delegations of Authority by the 2.67 Administrator, Economic Research Assistant Secretary for Civil Rights Service. 2.68 Administrator, National Agricultural 2.300 Director, Office of Civil Rights Statistics Service. AUTHORITY: 7 U.S.C. 6912(a)(1); 5 U.S.C. 301; Reorganization Plan No. 2 of 1953, 3 CFR Subpart L—Delegations of Authority by the 1949–1953 Comp., p. 1024. Chief Economist SOURCE: 60 FR 56393, Nov. 8, 1995, unless 2.70 Deputy Chief Economist. otherwise noted. 2.71 Director, Office of Risk Assessment and Cost-Benefit Analysis. Subpart A—General 2.72 Chairman, World Agricultural Outlook Board. § 2.1 Establishment of the Department. 2.73 Director, Office of Energy Policy and New Uses. The Department of Agriculture was created by the Act of May 15, 1862, and Subpart M—Delegations of Authority by by the Act of February 9, 1889, it was the Chief Financial Officer made an executive department in the Federal Government under the super- 2.75 Deputy Chief Financial Officer. vision and control of the Secretary of Agriculture (7 U.S.C. 2201, 2202, 2204). Subpart N—Delegations of Authority by the Under Secretary for Marketing and § 2.2 Authority of the Secretary to pre- Regulatory Programs scribe regulations.

2.77 Deputy Under Secretary for Marketing The general authority of the Sec- and Regulatory Programs. retary to prescribe regulations gov- 2.79 Administrator, Agricultural Marketing erning the work of the Department is Service. based on 5 U.S.C. 301 which provides 2.80 Administrator, Animal and Plant that the head of an Executive depart- Health Inspection Service. ment may prescribe regulations for the

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government of his department, the con- the Judicial Officer; the Director, Of- duct of its employees, the distribution fice of Budget and Program Analysis; and performance of its business, and the Chief Economist; the Director, Na- the custody, use and preservation of its tional Appeals Division; and the Direc- records, papers, and property. tor of Communications. § 2.3 Authority of the Secretary to del- [68 FR 27435, May 20, 2003] egate authority. (a) The general authority of the Sec- § 2.5 Order in which officers of the De- retary to make delegations of his au- partment shall act as Secretary. thority is based on: (a) Pursuant to Executive Order 13241 (1) Section 4(a) of Reorganization (66 FR 66258), as amended by Executive Plan No. 2 of 1953 (5 U.S.C. App.), which Order 13261 (67 FR 13243), during any pe- provides that the Secretary of Agri- riod when both the Secretary and the culture may from time to time make Deputy Secretary have died, resigned, such provisions as he shall deem appro- or are otherwise unable to perform the priate authorizing the performance by functions and duties of the office of the any other officer, or by an agency or Secretary, the officials designated in employee, of the Department of Agri- paragraphs (a)(1) through (a)(10) of this culture of any function of the Sec- section shall act as Secretary in the retary, including any function trans- order in which they are listed. Each of- ferred to the Secretary by the provi- ficial shall act only in the event of the sions of this reorganization plan; and death, resignation, or inability to per- (2) Section 212(a)(1) of the Depart- ment of Agriculture Reorganization form the duties of Secretary of the im- Act of 1994, Pub. L. No. 103–354, 7 U.S.C. mediately preceding official: 6912(a)(1), which provides that the Sec- (1) The Under Secretary for Farm and retary may delegate to any agency, of- Foreign Agricultural Services. fice, officer, or employee of the Depart- (2) The Under Secretary for Mar- ment the authority to perform any keting and Regulatory Programs. function transferred to the Secretary (3) The Under Secretary for Rural De- under 7 U.S.C. 6912(a) or any other velopment. function vested in the Secretary as of (4) The Under Secretary for Food, the date of the enactment of the Act. Nutrition, and Consumer Services. (b) [Reserved] (5) The Under Secretary for Natural Resources and Environment. § 2.4 General officers. (6) The Under Secretary for Research, The work of the Department is under Education, and Economics. the supervision and control of the Sec- (7) The Under Secretary for Food retary who is assisted by the following Safety. general officers: the Deputy Secretary, the Under Secretary for Farm and For- (8) The General Counsel. eign Agricultural Services; the Under (9) The Assistant Secretary for Ad- Secretary for Rural Economic and ministration. Community Development; the Under (10) The Assistant Secretary for Con- Secretary for Food Safety; the Under gressional Relations. Secretary for Food, Nutrition, and (b) No official who is serving in an of- Consumer Services; the Under Sec- fice listed in paragraphs (a)(1) through retary for Natural Resources and Envi- (a)(10) of this section in an acting ca- ronment; the Under Secretary for Re- pacity shall, by virtue of so serving, search, Education, and Economics; the act as Secretary pursuant to this sec- Under Secretary for Marketing and tion. Regulatory Programs; the Assistant (c) Notwithstanding the provisions of Secretary for Congressional Relations; this section and Executive Orders 13241 the Assistant Secretary for Adminis- and 13262, the President retains the dis- tration; the Assistant Secretary for cretion, to the extent permitted by Civil Rights; the General Counsel; the Subchapter III of Chapter 33 of title 5 Inspector General; the Chief Financial of the United States Code, to depart Officer; the Chief Information Officer;

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from the order of succession in para- § 2.9 Additional delegations. graph (a) of this section in designating The authority granted to a general an acting Secretary. officer may be exercised in the dis- [69 FR 34252, June 21, 2004] charge of any additional functions which the Secretary may assign. Subpart B—General Delegations of Authority by the Secretary § 2.10 Limitations. of Agriculture The delegations made in this part shall not be construed to confer upon § 2.7 Authority to supervise and direct. any general officer or agency head the authority of the Secretary to prescribe Unless specifically reserved, or other- regulations which by law require ap- wise delegated, the delegations of au- proval of the President. thority to each general officer of the Department and each agency head con- § 2.11 New principles and periodic re- tained in this part includes the author- views. ity to direct and supervise the employees engaged in the conduct of activities In the exercise of authority delegated under such official’s jurisdiction, and by the Secretary, the application of the authority to take any action, exe- new principles of major importance or cute any document, authorize any ex- a departure from principles established penditure, promulgate any rule, regula- by the Secretary should be brought to tion, order, or instruction required by the attention of the Secretary. General or authorized by law and deemed by officers are responsible for assuring the general officer or agency head to be that periodic reviews are conducted of necessary and proper to the discharge the activities of the agencies assigned of his or her responsibilities. This au- to their direction and supervision, as thority will be exercised subject to ap- required by 5 U.S.C. 305. plicable administrative directives. Un- § 2.12 Secretary and general officers less otherwise provided, a general offi- not precluded from exercising dele- cer or agency head may, subject to his gated powers. or her continuing responsibility for the No delegation of authority by the proper discharge of delegations made Secretary or a general officer con- to him, in this part, delegate and pro- tained in this part shall preclude the vide for the redelegation of his or her Secretary or general officer from exer- authority to appropriate officers and cising any of the authority so dele- employees. Subject to the general su- gated. pervision of the Secretary, agency heads who are delegated authority § 2.13 Status of prior delegations. from a general officer, in this part, report to and are under the supervision Nothing in this part shall affect the of that general officer. bylaws of the Commodity Credit Cor- poration, the Federal Crop Insurance § 2.8 Delegations of authority to agen- Corporation, or the Rural Telephone cy heads to order that the United Bank. All delegations previously made States flag be flown at half-staff. which are inconsistent with delega- Pursuant to section 5 of Proclama- tions made in this part are superseded; tion 3044, 3 CFR, 1954–1958 Comp., p. 4, however, any regulation, order, author- each general officer and agency head is ization, expenditure, or other instru- delegated authority to order that the ment, heretofore issued or made pursu- United States flag shall be flown at ant to any delegation of authority half-staff on buildings and grounds shall continue in full force and effect under his or her jurisdiction or control. unless and until withdrawn or super- This authority shall be exercised in ac- seded pursuant to authority granted in cordance with directives promulgated this part. by the Director, Office of Operations.

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Subpart C—Delegations of Author- (F) Providing a Chairperson for the ity to the Deputy Secretary, Photography Sales Committee of the the Under Secretaries and As- Department; (G) Coordinating development, prepa- sistant Secretaries ration, and issuance of specifications for aerial photography for the Depart- EDITORIAL NOTE: Nomenclature changes to ment; subpart C appear at 60 FR 66713, Dec. 26, 1995. (H) Coordinating and performing procurement, inspection, and application § 2.15 Deputy Secretary. of specifications for USDA aerial pho- The following delegation of authority tography; is made by the Secretary of Agri- (I) Providing for liaison with EROS culture to the Deputy Secretary: Per- Data Center to support USDA pro- form all of the duties and exercise all grams and research with satellite im- of the powers and functions which are agery reproductions; and now or which may hereafter be, vested (J) Maintaining library and files of in the Secretary of Agriculture. This USDA aerial film and retrieving and delegation is subject to the limitation supplying reproductions on request. in § 2.10. (iv) Administer the Agricultural Con- servation Program under title X of the § 2.16 Under Secretary for Farm and Agricultural Act of 1970, as amended Foreign Agricultural Services. (16 U.S.C. 1501 et seq.), and under the (a) The following delegations of au- Soil Conservation and Domestic Allot- thority are made by the Secretary of ment Act, as amended (16 U.S.C. 590g et Agriculture to the Under Secretary for seq.). Farm and Foreign Agricultural Serv- (v) Administer the Emergency Con- ices: servation Program under the Agricul- (1) Related to consolidated farm service. tural Credit Act of 1978, as amended (16 (i) Formulate policies and administer U.S.C. 2201 et seq.). programs authorized by the Agricul- (vi) Conduct fiscal, accounting and tural Adjustment Act of 1938, as claims functions relating to Com- amended (7 U.S.C. 1282 et seq.). modity Credit Corporation (CCC) programs for which the Under Secretary (ii) Formulate policies and admin- for Farm and Foreign Agricultural ister programs authorized by the Agri- Services has been delegated authority cultural Act of 1949, as amended (7 under paragraph (a)(3) of this section U.S.C. 1441 et seq.). and, in conjunction with other agencies (iii) Coordinate and prevent duplica- of the U.S. Government, develop and tion of aerial photographic work of the formulate agreements to reschedule Department, including: amounts due from foreign countries. (A) Clearing photography projects; (vii) Conduct assigned activities (B) Assigning symbols for new aerial under the Strategic and Critical Mate- photography, maintaining symbol rials Stockpiling Act, as amended (50 records, and furnishing symbol books; U.S.C. 98 et seq.). (C) Recording departmental aerial (viii) Supervise and direct Farm photography flow and coordinating the Service Agency State and county of- issuance of aerial photography status fices and delegate functions to be per- maps of latest coverage; formed by Farm Service Agency State (D) Promoting interchange of tech- and county committees. nical information and techniques to de- (ix) Administer the dairy indemnity velop lower costs and better quality; program under the Act of August 13, (E) Representing the Department on 1968, as amended (7 U.S.C. 450j et seq.). committees, task forces, work groups, (x) Administer procurement, proc- and other similar groups concerned essing, handling, distribution, disposi- with aerial photography acquisition tion, transportation, payment, and re- and reproduction, and serving as liai- lated services with respect to surplus son with other governmental agencies removal and supply operations which on aerial photography but excluding are carried out under section 210 of the mapping; Agricultural Act of 1956 (7 U.S.C. 1859),

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the Act of August 19, 1958, as amended servation under sections 1211–1213 and (7 U.S.C. 1431 note), and section 709 of 1221–1223 of the Food Security Act of the Food and Agricultural Act of 1965, 1985, as amended (16 U.S.C. 3811–3813 as amended (7 U.S.C. 1446a–1), except as and 3821–3823). delegated in paragraph (a)(3) of this (xx) Administer the Integrated Farm section and to the Under Secretary for Management Program under the Food, Food, Nutrition, and Consumer Serv- Agriculture, Conservation, and Trade ices in § 2.19, and assist the Under Sec- Act of 1990, as amended (7 U.S.C. 5822). retary for Food, Nutrition, and Con- (xxi) Administer the provisions of sumer Services and the Assistant Sec- section 326 of the Food and Agricul- retary for Marketing and Regulatory tural Act of 1962, as amended (7 U.S.C. Programs in the procurement, han- 1339c), as they relate to any Farm dling, payment, and related services Service Agency administered program. under section 32 of the Act of August (xxii) Conduct an Options Pilot Pro- 24, 1935, as amended (7 U.S.C. 612c), the gram pursuant to sections 1151–1156 of Act of June 28, 1937, as amended (7 the Food, Agriculture, Conservation, U.S.C. 713c), the National School and Trade Act of 1990, as amended (7 Lunch Act, as amended (42 U.S.C. 1751, U.S.C. 1421 note). et seq.), section 8 of the Child Nutrition (xxiii) Formulate and administer reg- Act of 1966, as amended (42 U.S.C. 1777), ulations regarding program ineligi- section 311 of the Older Americans Act bility resulting from convictions under of 1965, as amended (42 U.S.C. 3030a), Federal or State law of planting, culti- section 4(a) of the Agriculture and Con- vating, growing, producing, harvesting, sumer Protection Act of 1973, as or storing a controlled substance, as amended (7 U.S.C. 612c note), and sec- required under section 1764 of the Food tion 1114 of the Agriculture and Food Security Act of 1985 (21 U.S.C. 881a). Act of 1981 (7 U.S.C. 1431e). (xxiv) Formulate policies and admin- (xi) [Reserved] ister programs authorized by Title I of (xii) Administer the Agricultural the Federal Agriculture Improvement Foreign Investment Disclosure Act of and Reform Act of 1996. 1978 (7 U.S.C. 3501 et seq.), except those (xxv) Administer all programs of the functions delegated in § 2.21(a)(8)(xi). Commodity Credit Corporation that (xiii) Administer energy management provide assistance with respect to the activities as assigned. production of agricultural commod- (xiv) Conduct producer referenda of ities, including disaster assistance and commodity promotion programs under the domestic marketing of such com- the Beef Research and Information modities, except as may otherwise be Act, as amended (7 U.S.C. 2901 et seq.), reserved by the Secretary of Agri- and the Agricultural Promotion Pro- culture. grams Act of 1990, as amended (7 U.S.C. (xxvi) Administer the following pro- 6001 et seq.). visions of the Farm Security and Rural (xv) Conduct field operations of di- Investment Act of 2002 with respect to version programs for fresh fruits and functions otherwise delegated to the vegetables under section 32 of the Act Under Secretary for Farm and Foreign of August 29, 1935. Agricultural Services: (xvi) Administer the U.S. Warehouse (A) The equitable relief provisions of Act, as amended (7 U.S.C. 241–273), and section 1613 (7 U.S.C. 7996). perform compliance examinations for (B) The tracking of benefits under Farm Service Agency programs. section 1614 (7 U.S.C. 7997). (xvii) Administer the provisions of (C) The development of a plan and re- the Soil Conservation and Domestic Al- lated report to coordinate land retire- lotment Act relating to assignment of ment and agricultural working land payments (16 U.S.C. 590h(g)). conservation programs under section (xviii) Formulate and carry out the 2005 (16 U.S.C. 3801 note). Conservation Reserve Program under (2) Related to farm credit. (i) Admin- the Food Security Act of 1985, as ister the Consolidated Farm and Rural amended (16 U.S.C. 1231 et seq.). Development Act (7 U.S.C. 1921 et seq.), (xix) Carry out functions relating to except for the authority contained in highly erodible land and wetland con- the following sections:

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(A) The authority in section 304(b) (7 approved August 16, 1972, and the U.S.C. 1924(b)), relating to small busi- Emergency Livestock Credit Act of ness enterprise loans; 1974 (Pub. L. No. 93–357), as amended. (B) Section 306 (7 U.S.C. 1926), relat- (vii) Administer loans to homestead ing to all programs in that section; or desertland entrymen and purchasers (C) Section 306A (7 U.S.C. 1926a) and of land in reclamation projects or to an section 306B (7 U.S.C. 1926b), relating to entryman under the desertland law (7 the emergency community water as- U.S.C. 1006a and 1006b). sistance grant programs; (viii) Administer the Federal Claims (D) Section 306C (7 U.S.C. 1926c) to Collection Act of 1966, as amended (31 administer the water and waste facility U.S.C. 3711 et seq.), and joint regula- loans and grants to alleviate health tions issued pursuant thereto by the risks; Attorney General and the Comptroller (E) Sections 309 (7 U.S.C. 1929) and General (4 CFR chapter II), with re- 309A (7 U.S.C. 1929a), regarding assets spect to claims of the Farm Service and programs related to rural develop- Agency. ment; (ix) Service, collect, settle, and liq- (F) Section 310A (7 U.S.C. 1931), relat- uidate: ing to watershed and resource con- (A) Deferred land purchase obliga- servation and development loans; tions of individuals under the Wheeler- (G) Section 310B (7 U.S.C. 1932), re- Case Act of August 11, 1939, as amended garding rural industrialization assist- (16 U.S.C. 590y), and under the item, ance; ‘‘Water Conservation and Utilization (H) Section 312(b) (7 U.S.C. 1942(b)), projects’’ in the Department of the In- relating to small business enterprises; terior Appropriation Act, 1940 (53 Stat. (I) Section 342 (7 U.S.C. 1013a); 719), as amended; (J) Section 364 (7 U.S.C. 2006f), sec- (B) Puerto Rican Hurricane Relief tion 365 (7 U.S.C. 2008), section 366 (7 loans under the Act of July 11, 1956 (70 U.S.C. 2008a), section 367 (7 U.S.C. Stat. 525); and 2008b), and section 368 (7 U.S.C. 2008c), (C) Loans made in conformance with regarding assets and programs related section 4 of the Southeast Hurricane to rural development; and Disaster Relief Act of 1965 (79 Stat. (K) Administrative provisions of sub- 1301). title D of the Consolidated Farm and (x) Administer loans to Indian tribes Rural Development Act related to and tribal corporations (25 U.S.C. 488– Rural Utilities Service, Rural Busi- 492). ness-Cooperative Service, and Rural (xi) Administer the State Agricul- Housing Service activities. tural Loan Mediation Program under (ii) Collect, service, and liquidate title 5 of the Agricultural Credit Act of loans made or insured by the Farm 1987 (7 U.S.C. 5101 et seq.) Service Agency, or its predecessor (xii) Administer financial assistance agencies. programs relating to Economic Oppor- (iii) Administer the Rural Rehabili- tunity Loans to Cooperatives under tation Corporation Trust Liquidation part A of title III and part D of title I Act (40 U.S.C. 440 et seq.), and trust, liq- and the necessarily related functions in uidation, and other agreements entered title VI of the Economic Opportunity into pursuant thereto. Act of 1964, as amended (42 U.S.C. 2763– (iv) [Reserved] 2768, 2841–2855, 2942, 2943(b), 2961), dele- (v) Administer Farmers Home Ad- gated by the Director of the Office of ministration or any successor agency Economic Opportunity to the Sec- assets conveyed in trust under the Par- retary of Agriculture by documents ticipation Sales Act of 1966 (12 U.S.C. dated October 23, 1964 (29 FR 14764), and 1717). June 17, 1968 (33 FR 9850), respectively. (vi) Administer the Emergency Loan (xiii) Exercise all authority and dis- and Guarantee Programs under sec- cretion vested in the Secretary by sections 232, 234, 237, and 253 of the Dis- tion 331(c) of the Consolidated Farm aster Relief Act of 1970 (Pub. L. No. 91– and Rural Development Act, as amend- 606), the Disaster Relief Act of 1969 ed by section 2 of the Farmers Home (Pub. L. No. 91–79), Pub. L. No. 92–385, Administration Improvement Act of

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1994, Pub. L. 103–248 (7 U.S.C. 1981(c)), (GATT) and the World Trade Organiza- including the following: tion (WTO). (A) Determine, with the concurrence (ii) Administer Departmental proof the General Counsel, which actions grams concerned with development of are to be referred to the Department of foreign markets for agricultural prod- Justice for the conduct of litigation, ucts of the United States except func- and refer such actions to the Depart- tions relating to export marketing opment of Justice through the General erations under section 32 of the Act of Counsel; August 23, 1935, as amended (7 U.S.C. (B) Determine, with the concurrence 612c), delegated to the Assistant Sec- of the General Counsel, which actions retary for Marketing and Regulatory are to be referred to the General Coun- Programs, and utilization research del- sel, for the conduct of litigation and egated to the Under Secretary for Re- refer such actions; and search, Education, and Economics. (C) Enter into contracts with private (iii) Conduct studies of worldwide sector attorneys for the conduct of liti- production, trade, marketing, prices, gation, with the concurrence of the consumption, and other factors affect- General Counsel, after determining ing exports and imports of U.S. agricul- that the attorneys will provide com- tural commodities; obtain information petent and cost effective representa- on methods used by other countries to tion for the Farm Service Agency. move farm commodities in world trade (xiv) Administer programs for Apple on a competitive basis for use in the Loans and Emergency Loans for Seed development of programs of this De- Producers under sections 203(f) and 253, partment; provide information to do- respectively, of the Agricultural Risk mestic producers, the agricultural Protection Act of 2000 (7 U.S.C. 1421 trade, the public and other interests; note, Pub. L. 106–224). and promote normal commercial mar- (xv) Administer evaluations of direct kets abroad. This delegation excludes and guaranteed loan programs under basic and long-range analyses of world section 5301 of the Farm security and conditions and developments affecting Rural Investment Act of 2002 (7 U.S.C. supply, demand, and trade in farm 1922 note). products and general economic anal- (3) Related to foreign agriculture. (i) yses of the international financial and Coordinate the carrying out by Depart- monetary aspects of agricultural af- ment agencies of their functions in- fairs as assigned to the Under Sec- volving foreign agricultural policies retary for Research, Education, and and programs and their operations and Economics. activities in foreign areas. Act as liai- (iv) Conduct functions of the Depart- son on these matters and functions re- ment relating to GATT, WTO, the lating to foreign agriculture between Trade Expansion Act of 1962 (19 U.S.C. the Department of Agriculture and the 1801 et seq.), the Trade Act of 1974 (19 Department of State, the United States U.S.C. 2101 et seq.), the Trade Agree- Trade Representative, the Trade Policy ments Act of 1979 (19 U.S.C. 2501 et seq.), Committee, the Agency for Inter- the Omnibus Trade and Competition national Development, and other de- Act of 1988 (19 U.S.C. 2901 et seq.), the partments, agencies, and committees provisions of subtitle B of title III of of the U.S. Government, foreign gov- the North American Free Trade Agree- ernments, the Organization for Eco- ment Implementation Act, and other nomic Cooperation and Development, legislation affecting international agri- the European Union, the Food and Ag- cultural trade including the programs riculture Organization of the United designed to reduce foreign tariffs and Nations, the International Bank for other trade barriers. Reconstruction and Development, the (v) Maintain a worldwide agricultural Inter-American Development Bank, intelligence and reporting system, in- the Organization of American States, cluding provision for foreign agricul- and other public and private U.S. and tural representation abroad to protect international organizations, and the and promote U.S. agricultural inter- contracting parties to the General ests, and to acquire information on de- Agreement on Tariffs and Trade mand, competition, marketing, and

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distribution of U.S. agricultural com- (x) Plan and carry out programs and modities abroad pursuant to title VI of activities under the foreign market the Agricultural Act of 1954, as amend- promotion authority of: the Wheat Re- ed (7 U.S.C. 1761–1768). search and Promotion Act (7 U.S.C. (vi) Conduct Department activities to 1292 note); the Cotton Research and carry out the provisions of the Inter- Promotion Act (7 U.S.C. 2101–2118); the national Coffee Agreement Act of 1968 Potato Research and Promotion Act (7 (19 U.S.C. 1356f). U.S.C. 2611–2627); the Egg Research and (vii) Administer functions of the De- Consumer Information Act of 1974 (7 partment relating to import controls, U.S.C. 2701–2718); the Beef Research and except those functions reserved to the Information Act, as amended (7 U.S.C. Secretary in paragraph (b) of this sec- 2901–2918); the Wheat and Wheat Foods tion and those relating to section 8e of Research and Nutrition Education Act the Agricultural Act of 1938 (7 U.S.C. (7 U.S.C. 3401–3417); the Floral Research 608e–1), as assigned to the Assistant and Consumer Information Act of 1981 Secretary for Marketing and Regu- (7 U.S.C. 4301–4319); subtitle B of title I latory Programs. These include: of the Dairy and Tobacco Adjustment (A) Functions under section 22 of the Act of 1983 (7 U.S.C. 4501–4513); the Agricultural Adjustment Act of 1933, as Honey Research, Promotion, and Con- amended (7 U.S.C. 624); sumer Information Act of 1984, as (B) General note 15(c) to the Har- amended (7 U.S.C. 4601–4612); the Pork monized Tariff Schedule of the United Promotion, Research, and Consumer States (19 U.S.C. 1202); Information Act of 1985 (7 U.S.C. 4801– (C) Requests for emergency relief 4819); the Watermelon Research and from duty-free imports of perishable Promotion Act, as amended (7 U.S.C. products filed with the Department of 4901–4916); the Pecan Promotion and Agriculture under section 213(f) of the Research Act of 1990 (7 U.S.C. 6001– Caribbean Basin Recovery Act of 1983 6013); the Mushroom Promotion, Re- (19 U.S.C. 2703(f)); search, and Consumer Information Act (D) Section 404 of the Trade and Tar- of 1990 (7 U.S.C. 6101–6112); the Lime Re- iff Act of 1984 (19 U.S.C. 2112 note); search, Promotion, and Consumer In- (E) Section 204(e) of the Andean formation Act of 1990 (7 U.S.C. 6201– Trade Preference Act (19 U.S.C. 6212); the Soybean Promotion, Re- 3203(e)); search, and Consumer Information Act (F) Functions under sections 309 and of 1990 (7 U.S.C. 6301–6311); the Fluid 316 of the North American Free Trade Milk Promotion Act of 1990 (7 U.S.C. Agreement Implementation Act (19 6401–6417); the Fresh Cut Flowers and U.S.C. 3358 and 3381); Fresh Cut Greens Promotion and Con- (G) Section 301(a) of the United sumer Information Act (7 U.S.C. 6801– States-Canada Free Trade Agreement 6814); the Sheep Promotion, Research, Implementation Act (19 U.S.C. 2112 and Information Act of 1994 (7 U.S.C. note); and 7101–7111); the Commodity Promotion, (H) Section 204 of the Agricultural Research, and Information Act of 1996 Act of 1956, as amended (7 U.S.C. 1854). (7 U.S.C. 7411–7425); the Canola and (viii) Represent the Department on Rapeseed Research, Promotion, and the Interdepartmental Committee for Consumer Information Act (7 U.S.C. Export Control and to conduct depart- 7441–7452); the National Kiwifruit Re- mental activities to carry out the pro- search, Promotion, and Consumer In- visions of the Export Administration formation Act (7 U.S.C. 7461–7473); and, Act of 1969, as amended (50 U.S.C. App. the Popcorn Promotion, Research, and 2401 et seq.), except as reserved to the Consumer Information Act (7 U.S.C. Secretary under paragraph (b)(2) of this 7481–7491). This authority includes de- section. termining the programs and activities (ix) Exercise the Department’s re- to be undertaken and assuring that sponsibilities in connection with inter- they are coordinated with the overall national negotiations of the Inter- departmental programs to develop for- national Wheat Agreement and in the eign markets for U.S. agricultural administration of such Agreement. products.

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(xi) Formulate policies and admin- (xix) Determine the agricultural ister barter programs under which ag- commodities acquired under price sup- ricultural commodities are exported. port programs which are available for (xii) Perform functions of the Depart- export and allocate such commodities ment in connection with the develop- among the various export programs. ment and implementation of agree- (xx) Conduct economic analyses per- ments to finance the sale and expor- taining to the foreign sugar situation. tation of agricultural commodities (xxi) Exercise the Department’s func- under Public Law 480, 83rd Congress, tions with respect to the International hereafter referred to as ‘‘Public Law Sugar Agreement or any such future 480’’ (7 U.S.C. 1691, 1701 et seq.). agreements. (xiii) Administer commodity procure- (xxii) Exercise the Department’s re- ment and supply, transportation (other sponsibilities with respect to tariff- than from point of export, except for rate quotes for dairy products under movement to trust territories or pos- chapter 4 of the Harmonized Tariff sessions), handling, payment, and re- Schedule of the United States (19 lated services in connection with pro- U.S.C. 1202). grams under titles II and III of Public (xxiii) Serve as a focal point for han- Law 480 (7 U.S.C. 1691, 1701 et seq.), and dling quality or weight discrepancy in- payment and related services with re- quiries from foreign buyers of U.S. ag- spect to export programs and barter ricultural commodities to insure that operations. they are investigated and receive a timely response and that reports there- (xiv) Coordinate within the Depart- of are made to appropriate parties and ment activities arising under Public government officials in order that cor- Law 480 (except as delegated to the rective action may be taken. Under Secretary for Research, Edu- (xxiv) Establish and administer regu- cation, and Economics in § 2.21(a)(8)), lations relating to foreign travel by and represent the Department in its re- employees of the Department. Regula- lationships in such matters with the tions will include, but not be limited Department of State, any interagency to, obtaining and controlling passports, committee on Public Law 480, and obtaining visas, coordinating Depart- other departments, agencies and com- ment of State medical clearances and mittees of the Government. imposing requirements for itineraries (xv) Formulate policies and imple- and contacting the Foreign Agricul- ment programs to promote the export tural Affairs Officers upon arrival in of dairy products, as authorized under the Officers’ country(ies) of responsi- section 153 of the Food Security Act of bility. 1985, as amended (15 U.S.C. 713a–14), and (xxv) Formulate policies and admin- of sunflowerseed oil and cottonseed oil, ister programs and activities author- as authorized under section 301(b)(2)(A) ized by the Agricultural Trade Act of of the Disaster Assistance Act of 1988, 1978, as amended (7 U.S.C. 5601 et seq.). as amended (7 U.S.C. 1464 note). (xxvi) Administer the Foreign Serv- (xvi) Formulate policies and imple- ice personnel system for the Depart- ment a program for the export sales of ment in accordance with 22 U.S.C. 3922, dairy products, as authorized by sec- except as otherwise delegated to the tion 1163 of the Food Security Act of Assistant Secretary for Marketing and 1985 (7 U.S.C. 1731 note). Regulatory Programs in § 2.22(a)(2)(i), (xvii) Carry out activities relating to but including authority to approve the sale, reduction, or cancellation of joint regulations issued by the Depart- debt, as authorized by title VI of the ment of State and authority to rep- Agricultural Trade and Development resent the Department of Agriculture Act of 1954, as amended (7 U.S.C. 1738 et in all interagency consultations and seq.). negotiations with the other foreign af- (xviii) Carry out debt-for-health-and- fairs agencies with respect to joint reg- protection swaps, as authorized by sec- ulations. tion 1517 of the Food, Agriculture, Con- (xxvii) Establish and maintain U.S. servation, and Trade Act of 1990 (7 Agricultural Trade Offices, to develop, U.S.C. 1706). maintain and expand international

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markets for U.S. agricultural commod- tunities through the operation of a De- ities in accordance with title IV of partment information center, pursuant Pub. L. No. 95–501 (7 U.S.C. 1765a-g). to 7 U.S.C. 2201. (xxviii) Administer the programs (xxxix) Enter into contracts, grants, under section 416(b) of the Agricultural cooperative agreements, and cost reim- Act of 1949, as amended (7 U.S.C. bursable agreements relating to agri- 1431(b)), relating to the foreign dona- cultural research, extension, or teach- tion of CCC stocks of agricultural com- ing activities (7 U.S.C. 3318, 3319a). modities. (xl) Determine amounts reimbursable (xxix)–(xxx) [Reserved] for indirect costs under international (xxxi) Administer programs under agricultural programs and agreements the Food for Progress Act of 1985 (7 (7 U.S.C. 3319). U.S.C. 1736o). (xli) Administer the Cochran Fellow- (xxxii) Serve as Department adviser ship Program (7 U.S.C. 3293). on policies, organizational arrange- (xlii) Determine quantity trigger lev- ments, budgets, and actions to accom- els and impose additional duties under plish international scientific and tech- the special safeguard measures in ac- nical cooperation in food and agri- cordance with U.S. note 2 to sub- culture. chapter IV of chapter 99 of the Har- (xxxiii) Administer and direct the monized Tariff Schedule of the United Department’s programs in inter- States (19 U.S.C. 1202). national development, technical assist- (xliii) Implement provisions of the ance, and training carried out under Trade Act of 1974 regarding adjustment the Foreign Assistance Act, as amend- assistance for farmers (19 U.S.C. 2401– ed, as requested under such act (22 2401g). U.S.C. 2151 et seq.). (xliv) Implement section 3107 of the (xxxiv) Administer and coordinate as- Farm Security and Rural Investment signed Departmental programs in Act of 2002 (7 U.S.C. 173o–1), expect for international research and scientific the authority to designate Federal and technical cooperation with other agencies under section 3107(d) that is governmental agencies, land grant uni- reserved to the President. versities, international organizations, (4) Related to risk management. (i) Ex- international agricultural research ercise general supervision of the Fed- centers, and other institutions (7 eral Crop Insurance Corporation. U.S.C. 1624, 3291). (ii) Appoint such officers and employ- (xxxv) Direct and coordinate the De- ees as may be necessary for the trans- partment’s participation in scientific action of the business of the Federal and technical matters and exchange Crop Insurance Corporation and the agreements between the United States Risk Management Agency. and other countries. (iii) Conduct pilot programs involv- (xxxvi) Direct and coordinate the De- ing revenue insurance, risk manage- partment’s work in international orga- ment savings accounts, or the use of nizations and interagency committees futures markets to manage risk and concerned with food and agricultural support farm income. development programs (7 U.S.C. 2201– (iv) Provide education in manage- 2202). ment of the financial risks inherent in (xxxvii) Coordinate policy formula- the production and marketing of agri- tion for USDA international science cultural commodities. and technology programs concerning (5) Related to committee management. international agricultural research Establish and reestablish regional, centers, international organizations, state, and local advisory committees and international agricultural research for activities under his or her author- and extension activities (7 U.S.C. 3291). ity. This authority may not be redele- (xxxviii) Disseminate, upon request, gated. information on subjects connected with (6) Related to defense and emergency agriculture which has been acquired by preparedness. Administer responsibil- USDA agencies that may be useful to ities and functions assigned under the the U.S. private sector in expanding Defense Production Act of 1950, as foreign markets and investment oppor- amended (50 U.S.C. App. 2061 et seq.),

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and title VI of the Robert T. Stafford (vii) Section 109 of the Act (42 U.S.C. Disaster Relief and Emergency Assist- 9609), with respect to the assessment of ance Act (42 U.S.C. 5195 et seq.), con- civil penalties for violations of section cerning agricultural production; food 122 of the Act (42 U.S.C. 9622), and the processing, storage, and distribution; granting of awards to individuals pro- distribution of farm equipment and fer- viding information; tilizer; rehabilitation and use of food, (viii) Section 111(f) of the Act (42 agricultural and related agribusiness U.S.C. 9611(f)), with respect to the des- facilities; CCC resources; farm credit ignation of officials who may obligate and financial assistance; and foreign money in the Hazardous Substances agricultural intelligence and other for- Superfund; eign agricultural matters. (ix) Section 113(k) of the Act (42 (7) 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 requests and orders; compliance with sponse action contractors; Federal health and safety standards (xiii) Section 121 of the Act (42 U.S.C. and wage and labor standards applica- 9621), with respect to cleanup stand- ble to covered work; and emergency ards; and procurement powers; (xiv) Section 122 of the Act (42 U.S.C. (iii) Section 104(i)(11) of the Act (42 9622), with respect to settlements, but U.S.C. 9604(i)(11)), with respect to the excluding section 122(b)(1) of the Act reduction of exposure to significant (42 U.S.C. 9622(b)(1)), related to mixed risk to human health; funding agreements. (iv) Section 104(j) of the Act (42 (8) Related to compliance with environ- U.S.C. 9604(j)), with respect to the ac- mental laws. With respect to facilities quisition of real property and interests and activities under his or her author- in real property required to conduct a ity, to exercise the authority of the remedial action; Secretary of Agriculture pursuant to (v) The first two sentences of section section 1–102 related to compliance 105(d) of the Act (42 U.S.C. 9605(d)), with applicable pollution control with respect to petition for prelimi- standards and section 1–601 of Execu- nary assessment of a release or threat- tive Order 12088, 3 CFR, 1978 Comp., p. ened release; 243, to enter into an inter-agency (vi) Section 105(f) of the Act (42 agreement with the United States En- U.S.C. 9605(f)), with respect to consider- vironmental Protection Agency, or an ation of the availability of qualified administrative consent order or a con- minority firms in awarding contracts, sent judgment in an appropriate State, but excluding that portion of section interstate, or local agency, containing 105(f) pertaining to the annual report a plan and schedule to achieve and to Congress; maintain compliance with applicable

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pollution control standards established Conservation and Domestic Allotment pursuant to the following: Act, as amended (16 U.S.C. 590h(b)). (i) Solid Waste Disposal Act, as (2) Related to foreign agriculture. (i) amended by the Resource Conservation Approving export controls with respect and Recovery Act, as further amended to any agricultural commodity, includ- by the Hazardous and Solid Waste ing fats and oils or animal hides or Amendments, and the Federal Facility skins as provided for in the Export Ad- Compliance Act (42 U.S.C. 6901 et seq.); ministration Act of 1969, as amended (ii) Federal Water Pollution Preven- (50 U.S.C. App. 2401 et seq.). tion and Control Act, as amended (33 (ii) Advising the President that im- U.S.C. 1251 et seq.); ports are having the effect on programs (iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.); or operations of this Department re- (iv) Clean Air Act, as amended (42 quired as a prerequisite for the imposi- U.S.C. 7401 et seq.); tion of import controls under section 22 (v) Noise Control Act of 1972, as of the Agricultural Adjustment Act of amended (42 U.S.C. 4901 et seq.); 1933, as amended (7 U.S.C. 624a), recom- (vi) Toxic Substances Control Act, as mending that the President cause an amended (15 U.S.C. 2601 et seq.); investigation to be made by the Tariff (vii) Federal Insecticide, Fungicide, Commission of the facts so that a de- and Rodenticide Act, as amended (7 termination can be made whether im- U.S.C. 136 et seq.); and port restrictions should be imposed (viii) Comprehensive Environmental under that Act, and determining under Response, Compensation, and Liability section 204(e) of the Andean Trade Act of 1980, as amended by the Super- Preference Act (19 U.S.C. 3203(e)) that fund Amendments and Reauthorization there exists a serious injury, or threat Act of 1986 (42 U.S.C. 9601 et seq.). thereof and recommending to the (9) Related to hazardous materials man- President whether or not to take ac- agement. (i) Serve on the USDA Haz- tion. ardous Materials Policy Council. (iii) Determining the agricultural (ii) Recommend actions and policies commodities and the quantities thereof that enable USDA agencies under his available for disposition under Public or her authority to comply with the in- Law 480 (7 U.S.C. 1731). tent, purposes, and standards of environmental laws for pollution preven- (3) Related to risk management. (i) Ap- tion, control, and abatement. pointment of those members of the (iii) Consult with the United States Board of Directors of the Federal Crop Environmental Protection Agency and Insurance Corporation who are not al- other appropriate Federal agencies in ready otherwise employed by the De- developing pollution prevention, con- partment of Agriculture, and as au- trol, and abatement policies and pro- thorized in 7 U.S.C. 1505(a) designating grams relating to agencies under his or an Under Secretary of Agriculture to her authority. be a member of the Board in addition (iv) Recommend actions and policies to the Under Secretary responsible for of the loan and grant programs under the Federal crop insurance program his or her authority concerning compli- who is a Board member pursuant to 7 ance with the Asset Conservation, U.S.C. 1505(a). Lender Liability, and Deposit Insur- (ii) Appointment of the Adminis- ance Protection Act of 1996, Subtitle E trator of the Risk Management Agency of Public Law No. 104–208. who also shall serve as the Manager of (b) The following authorities are re- the Federal Crop Insurance Corpora- served to the Secretary of Agriculture: tion. (1) Related to farm service. (i) Appoint- ment of Farm Service Agency State [60 FR 56393, Nov. 8, 1995, as amended at 61 committeemen. FR 25775, May 23, 1996; 61 FR 37552, July 18, (ii) Final approval of regulations re- 1996; 62 FR 1031, Jan. 8, 1997; 62 FR 19900, Apr. lating to the selection and exercise of 24, 1997; 62 FR 40253, July 28, 1997; 65 FR 12427, the functions of committees promul- Mar. 9, 2000; 68 FR 27435, May 20, 2003] gated under section 8(b) of the Soil

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§ 2.17 Under Secretary for Rural De- means for extending their services ef- velopment. fectively to rural areas. (a) The following delegations of au- (10) Assist other Federal agencies in thority are made by the Secretary of designating pilot projects in rural Agriculture to the Under Secretary for areas. Rural Economic and Community De- (11) Conduct studies to determine velopment: how programs of the Department can (1) Provide leadership and coordina- be brought to bear on the economic de- tion within the executive branch of a velopment problems of the country and Nationwide Rural Development Pro- assure that local groups are receiving gram utilizing the services of executive adequate technical assistance from branch departments and agencies and Federal agencies or from local and the agencies, bureaus, offices, and serv- State governments in formulating de- ices of the Department of Agriculture velopment programs and in carrying in coordination with rural development out planned development activities. programs of State and local govern- (12) Assist other Federal agencies in ments (7 U.S.C. 2204). formulating manpower development (2) Coordinate activities relative to and training policies. rural development among agencies re- (13) Related to committee management. porting to the Under Secretary for Establish and reestablish regional, Rural Economic and Community De- state, and local advisory committees velopment and, through appropriate for activities under his or her author- channels, serve as the coordinating of- ity. This authority may not be re-dele- ficial for other departmental agencies gated. having primary responsibilities for spe- (14) Related to defense and emergency cific titles of the Rural Development preparedness. Administer responsibil- Act of 1972, and allied legislation. 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) Administer the Federal Claims national organizations in developing Collection Act of 1966 (31 U.S.C. 3711 et

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seq.), and joint regulations issued pur- (viii) Section 111(f) of the Act (42 suant thereto by the Attorney General U.S.C. 9611(f)), with respect to the des- and the Comptroller General (4 CFR ignation of officials who may obligate chapter II), with respect to claims of money in the Hazardous Substances the Rural Housing Service, the Rural Superfund; Business-Cooperative Service and the (ix) Section 113(k) of the Act (42 Rural Utilities Service. U.S.C. 9613(k)), with respect to estab- (18) With respect to land and facili- lishing an administrative record upon ties under his or her authority, exer- which to base the selection of a re- cise the functions delegated to the Sec- sponse action and identifying and noti- retary by Executive Order 12580, 3 CFR, fying potentially responsible parties; 1987 Comp., p. 193, under the following (x) Section 116(a) of the Act (42 U.S.C. provisions of the Comprehensive Envi- 9616(a)), with respect to preliminary as- ronmental Response, Compensation, sessment and site inspection of facili- and Liability Act of 1980 (‘‘the Act’’), ties; as 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 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 response 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; (19) With respect to facilities and ac- (iv) Section 104(j) of the Act (42 tivities under his or her authority, to U.S.C. 9604(j)), with respect to the ac- exercise the authority of the Secretary quisition of real property and interests of Agriculture pursuant to section 1– in real property required to conduct a 102 related to compliance with applica- remedial action; ble pollution control standards and sec- (v) The first two sentences of section tion 1–601 of Executive Order 12088, 3 105(d) of the Act (42 U.S.C. 9605(d)), CFR, 1978 Comp., p. 243, to enter into with respect to petitions for prelimi- an inter-agency agreement with the nary assessment of a release or threat- United States Environmental Protec- ened release; tion Agency, or an administrative con- (vi) Section 105(f) of the Act (42 sent order or a consent judgment in an U.S.C. 9605(f)), with respect to consider- appropriate State, interstate, or local ation of the availability of qualified agency, containing a plan and schedule 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.);

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(ii) Federal Water Pollution Preven- Rural Development act relating to tion and Control Act, as amended (33 rural utility activities. U.S.C. 1251 et seq.); (L) Section 379B (7 U.S.C. 2008p). (iii) Safe Drinking Water Act, as (v) Administer section 8, and those amended (42 U.S.C. 300f et seq.); functions with respect to repayment of (iv) Clean Air Act, as amended (42 obligations under section 4 of the Wa- U.S.C. 7401 et seq.); tershed Protection and Flood Preven- (v) Noise Control Act of 1972, as tion Act (16 U.S.C. 1006a, 1004) and ad- amended (42 U.S.C. 4901 et seq.); minister the Resource Conservation (vi) Toxic Substances Control Act, as and Development Program to assist in amended (15 U.S.C. 2601 et seq.); carrying out resource conservation and (vii) Federal Insecticide, Fungicide, development projects in rural areas and Rodenticide Act, as amended (7 under section 32(e) of the Bankhead- U.S.C. 136 et seq.); and Jones Farm Tenant Act (7 U.S.C. (viii) Comprehensive Environmental 1011(e)). Response, Compensation, and Liability (vi) Administer the Water and Waste Act of 1980, as amended by the Super- Loan Program (7 U.S.C. 1926–1). fund Amendments and Reauthorization (vii) Administer the Rural Waste- Act of 1986 (42 U.S.C. 9601 et seq.). water Treatment Circuit Rider Pro- (20) Related to rural utilities service. (i) gram (7 U.S.C. 1926 note). Administer the Rural Electrification (viii) Administer the Distance Learn- Act of 1936, as amended (7 U.S.C. 901 et ing and Medical Link Programs (7 seq.) except for rural economic develop- U.S.C. 950aaa et seq.). ment loan and grant programs; (7 (ix) Administer Water and Waste Fa- U.S.C. 940c and 950aa et seq.): Provided, cility Programs and activities (7 U.S.C. however, that the Under Secretary 1926–1). may utilize consultants and attorneys (x) Administer the SEARCH Grants for the provision of legal services pur- for Small Communities Program (7 suant to 7 U.S.C. 918, with the concur- U.S.C. 2009ee et seq.) rence of the General Counsel. (21) Related to rural business-coopera- (ii) Administer the Rural Electrifica- tive. (i) Administer the Rural Economic tion Act of 1938 (7 U.S.C. 903 note). Development Loan and Grant Pro- (iii) Designate the chief executive of- grams under the Rural Electrification ficer of the Rural Telephone Bank. Act (7 U.S.C. 940c and 950aa et seq.). (iv) Administer the following sections of the Consolidated Farm and (ii) Administer the following sections Rural Development Act (7 U.S.C. 1921, of the Consolidated Farm and Rural et seq.): Development Act (7 U.S.C. 1921 et seq.): (A) Section 306 (7 U.S.C. 1926), related (A) Section 306(a)(110(A) (7 U.S.C. to water and waste facilities. 1926(a)(11)(A)), relating to grants for (B) Section 306A (7 U.S.C. 1926a). business technical assistance and plan- (C) Section 306B (7 U.S.C. 1926b). ning. (D) Section 306C (7 U.S.C. 1926c). (B) Section 304(b) (7 U.S.C. 1924(b)), (E) Section 306D (7 U.S.C. 1926d). relating to small business enterprises. (F) Section 306E (7 U.S.C. 1926e). (C) Sections 309 (7 U.S.C. 1929) and (G) Section 309 (7 U.S.C. 1929) and 309A (7 U.S.C. 1929a), relating to assets 309A (7 U.S.C. 1929a), relating to assets and programs related to rural develop- and programs related to watershed fa- ment. cilities, resource and conservation fa- (D) Section 310B (7 U.S.C. 1932), relat- cilities, and water and waste facilities. ing to rural industrialization assist- (H) Section 310A (7 U.S.C. 1931), relat- ance, rural business enterprises grants ing to watershed and resource con- and rural technology and cooperative servation and development development grants. (I) Section 310B(b) (7 U.S.C. 1932(b)). (E) Section 312(b) (7 U.S.C. 1942(b)), (J) Section 310B(i) (7 U.S.C. 1932(i)), relating to small business enterprises. relating to loans for business tele- (F) Administrative Provisions of sub- communications partnerships. title D of the Consolidated Farm and (K) Administrative Provisions of sub- Rural Development Act relating to title D of the consolidated Farm and rural business-cooperative activities.

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(G) Section 378 (7 U.S.C. 2008m) relat- cooperatives as authorized by the Agri- ing to the National Rural Development cultural Marketing Act of 1946 (7 U.S.C. Partnership; 1621–1627). (H) Section 384A et seq. (7 U.S.C. (xiv) Work with institutions and 2009cc et seq.) relating to the Rural international organizations throughout Business Investment Program; the world on subjects related to the de- (I) Section 385A et seq. (7 U.S.C. velopment and operation of agricul- 2009dd et seq.) relating to Rural Stra- tural cooperatives. Such work may be tegic Investment Program. carried out by: (iii) Administer Alcohol Fuels Credit (A) Exchanging materials and results Guarantee Program Account (Pub. L. with such institutions or organiza- 102–341, 106 Stat. 895). tions; (iv) Administer section 1323 of the (B) Engaging in joint or coordinated Food Security Act of 1985 (7 U.S.C. 1932 activities; or note). (C) Stationing representatives at (v) Administer loan programs in the such institutions or organizations in Appalachian region under sections 203 foreign countries (7 U.S.C. 3291). and 204 of the Appalachian Regional (xv) Administer in rural areas the Development Act of 1965 (40 U.S.C. App. process of designation, provision of 204). monitoring and oversight, and provi- (vi) Administer section 601 of the sion of technical assistance for Em- Powerplant and Industrial Fuel Use powerment Zones and Enterprise Com- Act of 1978 (Pub. L. 95–620). munities pursuant to section 13301 of (vii) Administer the Drought and Dis- Public Law 103–66, Omnibus Budget aster Guaranteed Loan Program under Reconciliation Act of 1993 (26 U.S.C. section 331 of the Disaster Assistance 1391 et seq.) Act of 1988 (7 U.S.C. 1929a note). (xvi) Work with Federal agencies in (viii) Administer the Disaster Assist- encouraging the creation of local rural ance for Rural Business Enterprises community development organiza- Guaranteed Loan Program under sections. Within a State, assist other Fed- tion 401 of the Disaster Assistance Act eral agencies in developing means for of 1989 (7 U.S.C. 1929a note). extending their services effectively to (ix) Administer the Rural Economic rural areas and in designating pilot Development Demonstration Grant projects in rural areas (7 U.S.C. 2204). Program (7 U.S.C. 2662a). (xvii) Conduct assessments to deter- (x) Administer the Economically Dis- mine how programs of the Department advantaged Rural Community Loan can be brought to bear on the economic Program (7 U.S.C. 6616). development problems of a State or (xi) Administer the assets of the Al- local area and assure that local groups ternative Agricultural Research and are receiving adequate and effective Commercialization Corporation and technical assistance from Federal the funds in the Alternative Agricul- agencies or from local and State gov- tural Research and Commercialization ernments in formulating development Fund in accordance with section 6201 of programs and in carrying out planned the Farm Security and Rural Invest- development activities (7 U.S.C. 2204b). ment Act of 2000 (note to 7 U.S.C. 5901 (xviii) Develop a process through (repealed)). which State, sub-state and local rural (xii) Administer programs authorized development needs, goals, objectives, by the Cooperative Marketing Act of plans, and recommendations can be re- 1926 (7 U.S.C. 451–457). ceived and assessed on a continuing (xiii) Carry out the responsibilities of basis (7 U.S.C. 2204b). the Secretary of Agriculture relating (xix) Prepare local or area-wide rural to the marketing aspects of coopera- development strategies based on the tives, including economic research and needs, goals, objectives, plans and rec- analysis, the application of economic ommendations of local communities, research findings, technical assistance sub-state areas and States (7 U.S.C. to existing and developing coopera- 2204b). tives, education on cooperatives, and (xx) Develop a system of outreach in statistical information pertaining to the State or local area to promote

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rural development and provide for the (iv) Administer the Rural Housing publication and dissemination of infor- Disaster Program under sections 232, mation, through multi-media methods, 234, and 253 of the Disaster Relief Act relating to rural development. Advise of 1970 (Pub. L. No. 91–606). local rural development organizations (v) Exercise all authority and discre- of availability of Federal programs and tion vested in the Secretary by section the type of assistance available, and 510(d) of the Housing Act of 1949, as assist in making contact with Federal amended by section 1045 of the Stewart program (7 U.S.C. 2204; 7 U.S.C. 2204b). B. McKinney Homeless Assistance (xxi) Administer the Value-Added Ag- Amendments Act of 1988, Pub. L. 100– ricultural Product Market Develop- 628 (42 U.S.C. 1480(d)), including the fol- ment Grant program (note to 7 U.S.C. lowing: 1621). (A) Determine, with the concurrence (xxii) Administer the Agriculture In- of the General Counsel, which actions novation Center Demonstration pro- are to be referred to the Department of gram (note to 7 U.S.C. 1621). Justice for the conduct of litigation, (xxiii) Administer the Renewable En- and refer such actions to the Depart- ergy System and Energy Efficiency Im- ment of Justice through the General provements program (7 U.S.C. 8106). Counsel; (22) Related to rural housing. (i) Ad- (B) Determine, with the concurrence minister the following under the Con- of the General Counsel, which actions solidated Farm and Rural Development are to be referred to the General Coun- Act ( 7 U.S.C. 1921 et seq.): sel for the conduct of litigation and (A) Section 306 (7 U.S.C. 1926), except refer such actions; and with respect to financing for water and (C) Enter into contracts with private waste disposal facilities; or loans for sector attorneys for the conduct of liti- rural electrification or telephone sys- gation, with the concurrence of the tems or facilities other than hydro- General Counsel, after determining electric generating and related dis- that the attorneys will provide com- tribution systems and supplemental petent and cost effective representa- and supporting structures if they are tion for the Rural Housing Service and eligible for Rural Utilities Service fi- representation by the attorney will ei- nancing; and financing for grazing fa- ther accelerate the process by which a cilities and irrigation and drainage fa- family or person eligible for assistance cilities; and subsection 306(a)(11). under section 502 of the Housing Act of (B) Section 309A (7 U.S.C. 1929a), re- 1949 will be able to purchase and oc- garding assets and programs relating cupy the housing involved, or preserve to community facilities. the quality of the housing involved. (C) Administrative Provisions of sub- (vi) Administer the Rural Fire- title D of the Consolidated Farm and fighters and Emergency Personnel Rural Development Act relating to Grant program (7 U.S.C. 2655). rural housing activities. (23) Related to hazardous materials (D) Section 379 (7 U.S.C. 2008n) relat- management. (i) Serve on the USDA ing to the Rural Telework program; Hazardous Materials Policy Council. (E) Section 379A (7 U.S.C. 2008o) re- (ii) Recommend actions and policies lating to the Historic Barn Preserva- that enable USDA agencies under his tion program; and or her authority to comply with the in- (F) Section 379C (7 U.S.C. 2008q) relat- tent, purposes, and standards of envi- ing to the Farm Workers Training ronmental laws for pollution preven- Grant program. tion, control, and abatement. (ii) Administer title V of the Housing (iii) Consult with the United States Act of 1949 (42 U.S.C. 1471 et seq.), ex- Environmental Protection Agency and cept those functions pertaining to re- other appropriate Federal agencies in search. developing pollution prevention, con- (iii) Make grants, administer a grant trol, and abatement policies and pro- program, and determine the types of grams relating to agencies under his or assistance to be provided to aid low-in- her authority. come migrant and seasonal farm- (iv) Recommend actions and policies workers (42 U.S.C. 5177a). of the loan and grant programs under

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his or her authority concerning compli- (A) Poultry Products Inspection Act, ance with the Asset Conservation, as amended (21 U.S.C. 451–470); Lender Liability, and Deposit Insur- (B) Federal Meat Inspection Act, as ance Protection Act of 1996, Subtitle E amended, and related legislation, ex- of Public Law No. 104–208. cluding sections 12–14, and also exclud- (24) Administer the Biorefinery De- ing so much of section 18 as pertains to velopment Grant program (7 U.S.C. issuance of certificates of condition of 8103). live animals intended and offered for (25) Administer the Energy Audit and export (21 U.S.C. 601–611, 615–624, 641– Renewable Energy Development pro- 645, 661, 671–680, 691–692, 694–695); gram (7 U.S.C. 8105). (C) Egg Products Inspection Act, ex- (26) Related cooperative agreements. cept for the Shell Egg Surveillance Enter into cooperative agreements with other Federal agencies, State and Program, voluntary laboratory anal- local governments, and any other orga- yses of egg products, and the Vol- nizations or individuals to improve the untary Egg Grading Program (21 U.S.C. coordination and effectiveness of Fed- 1031–1056); eral programs, services, and actions af- (D) Talmadge-Aiken Act (7 U.S.C. fecting rural areas, including the es- 450) with respect to cooperation with tablishment and financing of inter- States in administration of the Federal agency groups, as long as the objec- Meat Inspection Act and the Poultry tives of the agreement will serve the Products Inspection Act; mutual interest of the parties in rural (E) Humane Slaughter Act (7 U.S.C. development activities (7 U.S.C. 1901–1906); 2204b(b)(4)). (F) National Laboratory Accredita- (b) The following authority is re- tion Program (7 U.S.C. 138–138i) with served to the Secretary of Agriculture: respect to laboratories accredited only (1) Related to rural business-coopera- for pesticide residue analysis in meat tive. Submission to the Congress of the and poultry products; report required pursuant to section (G) Administer and conduct a Food 1469 of Pub. L. No. 101–624. Safety Research Program (7 U.S.C. 427); (2) [Reserved] and [60 FR 56393, Nov. 8, 1995, as amended at 65 (H) Conduct an education program FR 12427, Mar. 9, 2000; 66 FR 31107, June 11, regarding the availability and safety of 2001; 68 FR 27436, May 20, 2003] processes and treatments that eliminate or substantially reduce the level § 2.18 Under Secretary for Food Safe- ty. of pathogens on meat, meat food products, poultry, and poultry products (21 (a) The following delegations of au- U.S.C. 679b). thority are made by the Secretary of (iii) Coordinate with the Assistant Agriculture to the Under Secretary for Secretary for Marketing and Regu- Food Safety: latory Programs the administration of (1) Related to food safety and inspec- programs relating to human pathogen tion. (i) Exercise the functions of the reduction (such as salmonella enteritidis) Secretary of Agriculture contained in the Agricultural Marketing Act of 1946, pursuant to section 2 of the Act of Feb- as amended (7 U.S.C. 1621–1627), relat- ruary 2, 1903, as amended (21 U.S.C. ing to voluntary inspection of poultry 111), and sections 4 and 5 of the Act of and edible products thereof; voluntary May 29, 1884, as amended (21 U.S.C. 120). inspection and certification of tech- (iv) Enter into contracts, grants, or nical animal fat; certified products for cooperative agreements to further re- dogs, cats, and other carnivora; vol- search programs in the agricultural untary inspection of rabbits and edible sciences (7 U.S.C. 3318). products thereof; and voluntary inspec- (2) Related to committee management. tion and certification of edible meat Establish and reestablish regional, and other products. State, and local advisory committees (ii) Exercise the functions of the Sec- for activities under his or her author- retary of Agriculture contained in the ity. This authority may not be redele- following legislation: gated.

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(3) Related to defense and emergency ation of the availability of qualified preparedness. Administer responsibil- minority firms in awarding contracts, ities and functions assigned under the but excluding that portion of section Defense Production Act of 1950, as 105(f) pertaining to the annual report amended (50 U.S.C. App. 2061 et seq.), to Congress; and title VI of the Robert T. Stafford (vii) Section 109 of the Act (42 U.S.C. Disaster Relief and Emergency Assist- 9609), with respect to the assessment of ance Act (42 U.S.C. 5195 et seq.), con- civil penalties for violations of section cerning the wholesomeness of meat and 122 of the Act (42 U.S.C. 9622), and the poultry and products thereof and in- granting of awards to individuals pro- spection of eggs and egg products. viding information; (4) Related to biotechnology. Coordi- (viii) Section 111(f) of the Act (42 nate the development and carrying out U.S.C. 9611(f)), with respect to the des- by Department agencies of all matters ignation of officials who may obligate and functions pertaining to the Depart- money in the Hazardous Substances ment’s regulation of biotechnology as Superfund; they may affect the safety of meat, (ix) Section 113(k) of the Act (42 poultry or egg products. 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 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 requests and orders; compliance with sponse action contractors; Federal health and safety standards (xiii) Section 121 of the Act (42 U.S.C. and wage and labor standards applica- 9621), with respect to cleanup stand- ble to covered work; and emergency ards; and procurement powers; (xiv) Section 122 of the Act (42 U.S.C. (iii) Section 104(i)(11) of the Act (42 9622), with respect to settlements, but U.S.C. 9604(i)(11)), with respect to the excluding section 122(b)(1) of the Act reduction of exposure to significant (42 U.S.C. 9622(b)(1)), related to mixed risk to human health; funding agreements. (iv) Section 104(j) of the Act (42 (6) Related to compliance with environ- U.S.C. 9604(j)), with respect to the ac- mental laws. With respect to facilities quisition of real property and interests and activities under his or her author- in real property required to conduct a ity, to exercise the authority of the remedial action; Secretary of Agriculture pursuant to (v) The first two sentences of section section 1–102 related to compliance 105(d) of the Act (42 U.S.C. 9605(d)), with applicable pollution control with respect to petitions for prelimi- standards and section 1–601 of Execu- nary assessment of a release or threat- tive Order 12088, 3 CFR, 1978 Comp., p. ened release; 243, to enter into an inter-agency (vi) Section 105(f) of the Act (42 agreement with the United States En- U.S.C. 9605(f)), with respect to consider- vironmental Protection Agency, or an

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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: [60 FR 56393, Nov. 8, 1995, as amended at 65 (i) Solid Waste Disposal Act, as FR 12428, Mar. 9, 2000; 68 FR 27436, May 20, amended by the Resource Conservation 2003] and Recovery Act, as further amended by the Hazardous and Solid Waste § 2.19 Under Secretary for Food, Nutri- Amendments, and the Federal Facility tion, and Consumer Services. Compliance Act (42 U.S.C. 6901 et seq.); (a) The following delegations of au- (ii) Federal Water Pollution Preven- thority are made by the Secretary of tion and Control Act, as amended (33 Agriculture to the Under Secretary for U.S.C. 1251 et seq.); Food, Nutrition, and Consumer Serv- (iii) Safe Drinking Water Act, as ices: amended (42 U.S.C. 300f et seq.); (1) Related to food and nutrition. (i) (iv) Clean Air Act, as amended (42 Administer the following legislation: U.S.C. 7401 et seq.); (A) The Food Stamp Act of 1977, as (v) Noise Control Act of 1972, as amended (7 U.S.C. 2011–2032). amended (42 U.S.C. 4901 et seq.); (B) Richard B. Russell National (vi) Toxic Substances Control Act, as School Lunch Act, as amended (42 amended (15 U.S.C. 2601 et seq.); U.S.C. 1751–1769h), except procurement (vii) Federal Insecticide, Fungicide, of agricultural commodities and other and Rodenticide Act, as amended (7 foods under section thereof. U.S.C. 136 et seq.); and (C) Child Nutrition Act of 1966, as (viii) Comprehensive Environmental amended (42 U.S.C. 1771–1790). Response, Compensation, and Liability (D) Sections 933–939 of the Food, Ag- Act of 1980, as amended by the Super- riculture, Conservation, and Trade Act fund Amendments and Reauthorization Amendments of 1991 (7 U.S.C. 5930 Act of 1986 (42 U.S.C. 9601 et seq.). note). (7) Related to hazardous materials man- (E) Section 301 of the Healthy Meals agement. (i) Serve on the USDA Haz- for Healthy Americans Act of 1994 ardous Materials Policy Council. (Pub. L. 103–448). (ii) Recommend actions and policies (F) Section 4402 of the Farm Security that enable the USDA agency under his and Rural Investment Act of 2002 (7 or her authority to comply with the in- U.S.C. 3007). tent, purposes, and standards of envi- (ii) Administer those functions relat- ronmental laws for pollution preven- ing to the distribution and donation of tion, control, and abatement. agricultural commodities and products (iii) Consult with the United States thereof under the following legislation: Environmental Protection Agency and (A) Clause (3) of section 416(a) of the other appropriate Federal agencies in Agricultural Act of 1949, as amended (7 developing pollution prevention, con- U.S.C. 1431(a)), except the estimate and trol, and abatement policies and pro- announcement of the types and vari- grams relating to agencies under his or eties of food commodities, and the her authority. quantities thereof, to become available (iv) Exercise primary responsibility for distribution thereunder; to regulate drug, pesticide, and envi- (B) Section 709 of the Food and Agri- ronmental contaminants in food prod- culture Act of 1965, as amended (7 ucts as covered by the Federal Insecti- U.S.C. 1446a–1); cide, Fungicide, and Rodenticide Act, (C) Section 32 of the Act of August 24, as amended (7 U.S.C. 136 et seq.), includ- 1935, as amended (7 U.S.C. 612c), as sup- ing the Food Quality Protection Act of plemented by the Act of June 28, 1937, 1996, Public Law 104–170, and the Toxic as amended (15 U.S.C. 713c), and related Substances Control Act, as amended (15 legislation; U.S.C. 2601 et seq.), as implemented by (D) Section 9 of the Act of September the Food Safety and Inspection Service 6, 1958, as amended (7 U.S.C. 1431b);

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(E) Section 210 of the Agricultural Act of 1996 (8 U.S.C. 1612) relating to Act of 1956 (7 U.S.C. 1859), except with the eligibility of aliens for benefits respect to donations to Federal penal under the domestic food assistance pro- and correctional institutions; grams. (F) Section 402 of the Mutual Secu- (2) Related to consumer advice. (i) De- rity Act of 1954, as amended (22 U.S.C. velop and implement USDA policy and 1922); procedural guidelines for carrying out (G) Section 311 of the Older Ameri- the Department’s Consumer Affairs cans Act of 1965, as amended (42 U.S.C. Plan. 3030a); (ii) Advise the Secretary and other (H) Sections 412 and 413(b) of the Rob- policy level officials of the Department ert T. Stafford Disaster Relief and on consumer affairs policies and pro- Emergency Assistance Act (42 U.S.C. grams. 5179, 5180(b)); (iii) Coordinate USDA consumer af- (I) Sections 4 and 5 of the Agriculture fairs activities and monitor and ana- and Consumer Protection Act of 1973, lyze agency procedures and perform- as amended (7 U.S.C. 612c note); ance. (J) Section 1114 of the Agriculture (iv) Represent the Department at and Food Act of 1981, as amended (7 conferences, meetings and other con- U.S.C. 1431e); tacts where consumer affairs issues are (K) Section 1336 of the Agriculture discussed, including liaison with the and Food Act of 1981 (Pub. L. 97–98); White House and other governmental (L) Emergency Food Assistance Act agencies and departments. of 1983 (7 U.S.C. 612c note); (v) Work with the Office of Budget (M) Sections 3(b)–(i), 3A and 4 of the and Program Analysis and the Office of Commodity Distribution Reform Act Communications to ensure coordina- and WIC Amendments of 1987 (7 U.S.C. tion of USDA consumer affairs and 612c note); and public participation programs, policies (N) Section 110 of the Hunger Preven- and information, and to prevent dupli- tion Act of 1988 (7 U.S.C. 612c note). cation of responsibilities. (iii) Administer those functions re- (vi) Serve as a consumer ombudsman lating to the distribution of food cou- and communication link between con- pons under section 412 of the Robert T. sumers and the Department. Stafford Disaster Relief and Emer- (vii) Approve the designation of agen- gency Assistance Act (42 U.S.C. 5179). cy Consumer Affairs Contacts. (iv) In connection with the functions (3) Related to human nutrition informa- assigned in paragraphs (a)(1)(i), (ii) and tion. (i) Develop techniques and equip- (iii) of this section, relating to the dis- ment to assist consumers in the home tribution and donation of agricultural and in institutions in selecting food commodities and products thereof and that supplies a nutritionally adequate food coupons to eligible recipients, au- diet. thority to determine the requirements (ii) Develop family food plans at dif- for such agricultural commodities and ferent costs for use as standards by products thereof and food coupons to families of different sizes, sex-age com- be so distributed. position, and economic levels. (v) Receive donation of food commod- (iii) Develop suitable and safe prepa- ities under clause (3) of section 416(a) of ration and management procedures to the Agricultural Act of 1949, as amend- retain nutritional and eating qualities ed, section 709 of the Food and Agri- of food served in homes and institu- culture Act of 1965, as amended, section tions. 5 of the Agriculture and Consumer Pro- (iv) Develop materials to aid the pub- tection Act of 1973, section 1114(a) of lic in meeting dietary needs, with em- the Agriculture and Food Act of 1981, phasis on food selection for good nutri- and section 202(a) and 202A of the tion and appropriate cost, and food Emergency Food Assistance Act of preparation to avoid waste, maximize 1983. nutrient retention, minimize food safe- (vi) Administer those functions under ty hazards, and conserve energy. title IV of the Personal Responsibility (v) Develop food plans for use in es- and Work Opportunity Reconciliation tablishing food stamp benefit levels,

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and assess the nutritional impact of (ii) Represent USDA on Regional Re- Federal food programs. sponse Teams on hazardous spills and (vi) Coordinate nutrition education oil spills pursuant to the Comprehen- promotion and professional education sive Environmental Response, Com- projects within the Department. pensation, and Liability Act, as amend- (vii) Analyze data from food con- ed ( 42 U.S.C. 9601 et seq.), the Clean sumption surveys in coordination with Water Act, as amended (33 U.S.C. 1251 the Under Secretary for Research, Edu- et seq.), the Oil Pollution Act (OPA), as cation, and Economics to provide a amended (33 U.S.C. 2701 et seq.), Execu- basis for evaluating dietary adequacy. tive Order 12580, 3 CFR, 1987 Comp., p. (viii) Consult with the Federal and 193, Executive Order 12777, 3 CFR, 1991 State agencies, the Congress, univer- Comp., p. 351, and the National Contin- sities, and other public and private or- gency Plan, 40 CFR part 300. ganizations and the general public re- (iii) Represent USDA in contacts garding household food consumption, with the United States Environmental individual intake, and dietary ade- Protection Agency, the Council on En- quacy, and implications of the survey vironmental Quality, and other organi- on public policy regarding food and nu- zations or agencies on matters related trition policies (7 U.S.C. 3171–3175). to assigned responsibilities. (4) Related to committee management. (iv) Formulate and promulgate USDA Establish and reestablish regional, policy relating to environmental activ- State, and local advisory committees ity and natural resources. for activities under his or her author- (v) Provide staff support for the Sec- ity. This authority may not be redele- retary in the review of environmental gated. impact statements. (5) Related to defense and emergency (vi) Provide leadership in USDA for preparedness. Administer responsibil- general land use activities including ities and functions assigned under the implementation of Executive Order Defense Production Act of 1950, as 11988, Flood Plain Management, 3 CFR, amended (50 U.S.C. App. 2061 et seq.), 1977 Comp., p. 117, and Executive Order and title VI of the Robert T. Stafford 11990, Protection of Wetlands, 3 CFR, Disaster Relief and Emergency Assist- 1977 Comp., p. 121. ance Act (42 U.S.C. 5195 et seq.), con- (vii) Take such action as may be nec- cerning food stamp assistance. essary, including issuance of adminis- (b) The following authority is re- trative orders, and enter into agree- served to the Secretary of Agriculture: ments with any person to perform any (1) Related to food and nutrition. Au- response action under sections 106(a) thority to appoint the members of the and 122 (except subsection (b)(1)) of the National Advisory Council on Mater- Comprehensive Environmental Re- nal, Infant, and Fetal Nutrition as di- sponse, Compensation, and Liability rected in section 17(k) of the Child Nu- Act of 1980, as amended (42 U.S.C. trition Act of 1966, as amended (42 9606(a), 9622), pursuant to sections U.S.C. 1786(k)). 4(c)(3) and 4(d)(3) of Executive Order (2) [Reserved] No. 12580, as amended by Executive [60 FR 56393, Nov. 8, 1995, as amended at 68 Order No. 13016, to be exercised only FR 27436, May 20, 2003] with the concurrence of the General Counsel. § 2.20 Under Secretary for Natural Re- (viii) Exercise the functions of the sources and Environment. Secretary of Agriculture authorized in (a) The following delegations of au- Title V of the Department of the Inte- thority are made by the Secretary of rior and Related Agencies Appropria- Agriculture to the Under Secretary for tions Act of 1998, Pub. L. 105–83, relat- Natural Resources and Environment: ing to the acquisition of the New World (1) Related to environmental quality. (i) Mine and other priority land acquisi- Administer the implementation of the tions, land exchanges, and other activi- National Environmental Policy Act for ties. the United States Department of Agri- (ix) Serve on the USDA Hazardous culture (USDA). Materials Policy Council.

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

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political subdivision, in the investiga- tors; and retain and use royalty income tion of violations of, and enforcement (15 U.S.C. 3710a–3710c). of, section 401 of the Controlled Sub- (xiv) Enter into contracts, grants, or stances Act (21 U.S.C. 841), other laws cooperative agreements to further re- and regulations relating to marijuana search, extension, or teaching pro- 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 (xv) Enter into cost-reimbursable Forest System. agreements relating to agricultural re- (vii) 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, (xvi) Administer programs of cooper- 202(a)–(b), 203, 204(a)–(h), 205(a)–(d), 211, ative forestry assistance in the protec- 317, 402(a)). tion, conservation, and multiple re- (viii) Exercise the administrative ap- source management of forests and re- peal functions of the Secretary of Agri- lated resources in both rural and urban culture in review of 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 215 and 217 and 36 CFR (xvii) Provide assistance to States part 251, subpart C. and other units of government in forest (ix) Conduct, support, and cooperate resources planning and forestry rural in investigations, experiments, tests, revitalization (7 U.S.C. 6601, 6611–6617; and other activities deemed necessary 16 U.S.C. 2107). to obtain, analyze, develop, dem- (xviii) Conduct a program of tech- onstrate, and disseminate scientific in- nology implementation for State for- formation about protecting, managing, estry personnel, private forest land- and utilizing forest and rangeland re- owners and managers, vendors, forest newable resources in rural, suburban, operators, public agencies, and individ- and urban areas in the United States uals (16 U.S.C. 2107). and foreign countries. The activities (xix) Administer Rural Fire Protec- conducted, supported, or cooperated in tion and Control Programs (16 U.S.C. shall include, but not be limited to: re- 2106). newable resource management re- (xx) 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). (x) Use authorities and means avail- (xxi) Administer forest insect, dis- able to disseminate the knowledge and ease, and other pest management pro- technology developed from forestry re- grams (16 U.S.C. 2104). search (16 U.S.C. 1645). (xxii) Exercise the custodial func- (xi) Coordinate activities with other tions of the Secretary for lands and in- agencies in USDA, other Federal and terests in lands under lease or contract State agencies, forestry schools, and of sale to States and local agencies private entities and individuals (16 pursuant to title III of the Bankhead- U.S.C. 1643). Jones Farm Tenant Act and administer (xii) Enter into contracts, grants, reserved and reversionary interests in and cooperative agreements for the lands conveyed under that Act (7 support of scientific research in for- U.S.C. 1010–1012). estry activities (7 U.S.C. 427i(a), 1624; 16 (xxiii) Under such general program U.S.C. 582a–8, 1643–1645, 1649). criteria and procedures as may be es- (xiii) Enter into cooperative research tablished by the Natural Resources and development agreements with in- Conservation Service: dustry, universities, and others; insti- (A) Administer the forestry aspects tute a cash award program to reward of the programs listed in paragraphs scientific, engineering, and technical (a)(2)(xxiii)(A)(1), (2) and (3) of this sec- personnel; award royalties to inven- tion on the National Forest System,

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rangelands with national forest bound- (xxvii) Administer the radio fre- aries, adjacent rangelands which are quency licensing work of USDA, in- administered under formal agreement, cluding: and other forest lands; (A) Representing USDA on the Inter- (1) The cooperative river basin sur- departmental Radio Advisory Com- veys and investigations program (16 mittee and its Frequency Assignment U.S.C. 1006); Subcommittee of the National Tele- (2) The Eleven Authorized Watershed communications and Information Ad- Improvement Programs and Emer- ministration, Department of Com- gency Flood Prevention Measures Pro- merce; gram under the Flood Control Act (33 (B) Establishing policies, standards, U.S.C. 701b–1); and and procedures for allotting and as- (3) The Small Watershed Protection signing frequencies within USDA and Program under the Pilot Watershed for obtaining effective utilization of Protection and Watershed Protection them; and Flood Prevention Acts (7 U.S.C. (C) Providing licensing action nec- 701a–h; 16 U.S.C. 1001–1009); and essary to assign radio frequencies for (B) Exercise responsibility in connec- use by the agencies of USDA and main- tion with the forestry aspects of the tenance of the records necessary in Resource Conservation and Develop- connection therewith; ment Program authorized by title III of (D) Providing inspection of USDA’s the Bankhead-Jones Farm Tenant Act radio operations to ensure compliance (7 U.S.C. 1011(e)). with national and international regulations and policies for radio frequency (xxiv) Provide assistance to the Farm use; and Service Agency in connection with the Agricultural Conservation Program, (E) Representing USDA in all mat- the Naval Stores Conservation Pro- ters relating to responsibilities and authorities under the Federal Water gram, and the Cropland Conversion Power Act, as amended (16 U.S.C. 791– Program (16 U.S.C. 590g–q). 823). (xxv) Provide assistance to the Rural (xxviii) [Reserved] Housing Service in connection with grants and loans under authority of (xxix) Administer the Youth Con- servation Corps Act (42 U.S.C. precede section 303 of the Consolidated Farm 2711 note) for USDA. and Rural Development Act, 7 U.S.C. 1923; and consultation with the Depart- (xxx) Establish and operate the Job ment of Housing and Urban Develop- Corps Civilian Conservation Centers on National Forest System lands as au- ment under the authority of 40 U.S.C. thorized by title I, sections 106 and 107 461(e). of the Economic Opportunity Act of (xxvi) Coordinate mapping work of 1964 (42 U.S.C. 2716–2717), in accordance USDA including: with the terms of an agreement dated (A) Clearing mapping projects to pre- May 11, 1967, between the Secretary of vent duplication; Agriculture and the Secretary of (B) Keeping a record of mapping done Labor; and administration of other co- by USDA agencies; operative manpower training and work (C) Preparing and submitting re- experience programs where the Forest quired USDA reports; Service serves as host or prime sponsor (D) Serving as liaison on mapping with other Departments of Federal, with the Office of Management and State, or local governments. Budget, Department of Interior, and (xxxi) Administer the Volunteers in other departments and establishments; the National Forests Act of 1972 (16 (E) Promoting interchange of tech- U.S.C. 558a–558d, 558a note). nical mapping information, including (xxxii) Exercise the functions of the techniques which may reduce costs or Secretary of Agriculture authorized in improve quality; and the Alaska National Interest Lands (F) Maintaining the mapping records Conservation Act (16 U.S.C. 3101–3215). formerly maintained by the Office of (xxxiii) Exercise the functions of the Operations. Secretary as authorized in the Wild

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and Scenic Rivers Act (16 U.S.C. 1271– authorities necessary to carry out pilot 1278). projects (Public Law 106–291). (xxxiv) Jointly administer gypsy (3) Related to natural resources con- moth eradication activities with the servation. (i) Provide national leader- Assistant Secretary for Marketing and ship in the conservation, development Regulatory Programs, under the au- and productive use of the Nation’s soil, thority of section 102 of the Organic water, and related resources. Such Act of 1944, as amended; and the Act of leadership encompasses soil, water, April 6, 1937, as amended (7 U.S.C. 147a, plant, and wildlife conservation; small 148, 148a–148e); and the Talmadge Aiken watershed protection and flood preven- Act (7 U.S.C. 450), by assuming primary tion; and resource conservation and de- responsibility for treating isolated velopment. Integrated in these pro- gypsy moth infestations on Federal grams are erosion control, sediment re- lands, and on State and private lands duction, pollution abatement, land use contiguous to infested Federal lands, planning, multiple use, improvement of and any other infestations over 640 water quality, and several surveying acres on State and private lands. and monitoring activities related to (xxxv) Exercise the functions of the environmental improvement. All are Secretary authorized in the Federal designed to assure: Onshore Oil and Gas Leasing Reform (A) Quality in the natural resource Act of 1987 (30 U.S.C. 226 et seq.). base for sustained use; (xxxvi) Administer the Public Lands (B) Quality in the environment to Corps program (16 U.S.C. 1721 et seq.) provide attractive, convenient, and sat- for USDA consistent with the Depart- isfying places to live, work, and play; ment’s overall national service pro- and gram. (C) Quality in the standard of living (xxxvii) Jointly administer the For- based on community improvement and estry Incentives Program with the Nat- adequate income. ural Resources Conservation Service, in consultation with State Foresters, (ii) Provide national leadership in under section 4 of the Cooperative For- and evaluate and coordinate land use estry Assistance Act of 1978 (16 U.S.C. policy, and administer the Farmland 2103). Protection Policy Act (7 U.S.C. 4201 et (xxxviii) Focusing on countries that seq.), including the Farms for the Fu- could have a substantial impact on ture Program authorized by sections global warming, provide assistance 1465–1470 of the Food, Agriculture, Con- that promotes sustainable development servation, and Trade Act of 1990, as and global environmental stability; amended (7 U.S.C. 4201 note), except as share technical, managerial, extension, otherwise delegated to the Under Sec- and administrative skills; provide edu- retary for Research, Education, and cation and training opportunities; en- Economics in § 2.21(a)(1)(lxii). gage in scientific exchange; and co- (iii) Administer the basic program of operate with domestic and inter- soil and water conservation under Pub. national organizations that further L. No. 46, 74th Congress, as amended, international programs for the man- and related laws (16 U.S.C. 590 a–f, i–l, agement and protection of forests, q, q–1; 42 U.S.C. 3271–3274; 7 U.S.C. 2201), rangelands, wildlife, fisheries and re- including: lated natural resources (16 U.S.C. 4501– (A) Technical and financial assist- 4505). ance to land users in carrying out lo- (xxxix) Enter into pilot projects with cally adapted soil and water conserva- the Bureau of Land Management tion programs primarily through soil (BLM), U.S. Department of the Inte- and water conservation districts in the rior, in support of the Service First ini- several States, the District of Colum- tiative for the purpose of promoting bia, the Commonwealth of Puerto Rico, customer service and efficiency in and the Commonwealth of the North- managing National Forest System ern Mariana Islands, American Samoa, lands and public lands and delegate to Guam, the Virgin Islands, and Feder- BLM employees those Forest Service ally recognized Native American

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tribes, but also to communities, water- (E) Providing leadership in the shed groups, Federal and State agen- inventorying and monitoring of soil, cies, and other cooperators. This au- water, land, and related resources of thority includes such assistance as: the Nation. (1) Comprehensive planning assist- (iv) Administer the Watershed Pro- ance in nonmetropolitan districts; tection and Flood Prevention Pro- (2) Assistance in the field of income- grams, including: producing recreation on rural non-Fed- (A) The eleven authorized watershed eral lands; projects authorized under 33 U.S.C. (3) Forestry assistance, as part of 702b–1; total technical assistance to private (B) The emergency flood control land owners and land users when such work under 33 U.S.C. 701b–1; services are an integral part of land (C) The Cooperative River Basin Sur- management and such services are not veys and Investigations Programs available from a State agency; and for- under 16 U.S.C. 1006; estry services in connection with (D) The pilot watershed projects windbreaks and shelter belts to prevent under 16 U.S.C. 590 a–f and 16 U.S.C. wind and water erosion of lands; 1001–1009; (4) Assistance in developing programs (E) The Watershed Protection and relating to natural beauty; and Flood Prevention Program under 16 (5) Assistance to other USDA agen- U.S.C. 1001–1010, including rehabilita- cies in connection with the administration of water resource structural meas- tion of their programs, as follows: ures constructed under certain Depart- (i) To the Farm Service Agency in ment of Agriculture programs under 16 the development and technical serv- U.S.C. 1012, except for responsibilities icing of certain programs, such as the assigned to the Under Secretary for Agricultural Conservation Program Rural Development. and other such similar conservation (F) The joint investigations and sur- programs; veys with the Department of the Army (ii) To the Rural Housing Service in under 16 U.S.C. 1009; and connection with their loan and land (G) The Emergency Conservation disposition programs; Program under sections 401–405 of the (B) Soil Surveys, including: Agricultural Credit Act of 1978 (the (1) Providing leadership for the Fed- Act), 16 U.S.C. 2201 et seq., except for eral part of the National Cooperative the provisions of sections 401 and 402 of Soil Survey which includes conducting the Act, 16 U.S.C. 2201–2202, as adminis- and publishing soil surveys; tered by the Under Secretary for Farm (2) Conducting soil surveys for re- and Foreign Agricultural Services. source planning and development; and (v) Administer the Great Plains Con- (3) Performing the cartographic serv- servation Program and the Critical ices essential to carrying out the func- Lands Resources Conservation Pro- tions of the Natural Resources Con- gram under 16 U.S.C. 590p(b), 590q and servation Service, including furnishing 590q–3. photographs, mosaics, and maps; (vi) Administer the Resource Con- (C) Conducting and coordinating servation and Development Program snow surveys and making water supply under 16 U.S.C. 590 a–f; 7 U.S.C. 1010– forecasts pursuant to Reorganization 1011; and 16 U.S.C. 3451–3461, except for Plan No. IV of 1940 (5 U.S.C. App.); responsibilities assigned to the Under (D) Operating plant materials centers Secretary for Rural Economic and for the assembly and testing of plant Community Development. species in conservation programs, in- (vii) Responsibility for entering into cluding the use, administration, and long-term contracts for carrying out disposition of lands under the adminis- conservation and environmental meas- tration of the Natural Resources Con- ures in watershed areas. servation Service for such purposes (viii) Provide national leadership for under title III of the Bankhead-Jones and administer the Soil and Water Re- Farm Tenant Act (7 U.S.C. 1010–1011); sources Conservation Act of 1977 (16 and U.S.C. 2001 et seq.).

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(ix) Administer the Rural Clean (A) Technical assistance related to Water Program and other responsibil- the conservation of highly erodible ities assigned under section 35 of the lands and wetlands pursuant to sec- Clean Water Act of 1977 (33 U.S.C. 1251 tions 1211–1223 of the Act (16 U.S.C. et seq.). 3811–3823). (x) Monitor actions and progress of (B) Technical assistance related to USDA in complying with Executive the Conservation Reserve Program au- Order 11988, Flood Plain Management, 3 thorized by sections 1231–1235A of the CFR, 1977 Comp., p. 117, and Executive Act (16 U.S.C. 3831–3835a). 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, and the Emergency Supplemental Ap- forest and rangelands; and provide staff propriations for Relief from the Major, assistance to the USDA Natural Re- Widespread Flooding in the Midwest sources and Environment Committee. Act, Public Law 103–75. (xi) Administer the search and rescue (D) The Conservation Security Pro- operations authorized under 7 U.S.C. gram authorized by sections 1238–1238C 2273. (16 U.S.C. 3838–3838c). (xii) Administer section 202(c) of the (E) The Farmland Protection Pro- Colorado River Basin Salinity Control gram authorized by sections 1238H– Act, 43 U.S.C. 1592(c), including: 1238I of the Act (16 U.S.C. 3838h–3838i). (A) Identify salt source areas and de- (F) The Farm Viability Program au- termine the salt load resulting from ir- thorized by section 1238J of the Act (16 rigation and watershed management U.S.C. 3838j). practices; (G) The Environmental Easement (B) Conduct salinity control studies Program authorized by sections 1239– of irrigated salt source areas; 1239D of the Act (16 U.S.C. 3839–3839d). (C) Provide technical and financial (H) The Environmental Quality In- assistance in the implementation of sa- centives Program authorized by sec- linity control projects including the tions 1240–1240I of the Act (16 U.S.C. development of salinity control plans, 3839aa–3839aa–9). technical services for application, and (I) The conservation of private graz- certification of practice applications; ing lands authorized by section 1240M (D) Develop plans for implementing of the Act (16 U.S.C. 3839bb). measures that will reduce the salt load (J) The Wildlife Habitat Incentives of the Colorado River; Program authorized by section 1240N of (E) Develop and implement long-term the Act (16 U.S.C. 3839bb–1). monitoring and evaluation plans to (K) The program for soil erosion and measure and report progress and ac- sedimentation control in the Great complishments in achieving program Lakes basin authorized by section objectives; and 1240P of the Act (16 U.S.C. 3839bb–3). (F) Enter into and administer con- (L) The delivery of technical assist- tracts with program participants and ance under section 1242 of the Act (16 waive cost-sharing requirements when U.S.C. 3842), including the approval of such cost-sharing requirements would persons or entities outside of USDA to result in a failure to proceed with need- provide technical services. ed on-farm measures. (M) The authority for partnerships (xiii) Except as otherwise delegated, and cooperation provided by section administer natural resources conserva- 1243 of the Act (16 U.S.C. 3843), except tion authorities, including authorities for responsibilities assigned to the related to programs of the Commodity Under Secretary for Farm and Foreign Credit Corporation that provide assist- Agricultural Services. ance with respect to natural resources (N) The incentives for beginning conservation, under Title XII of the farmers and ranchers and Indian tribes Food Security Act of 1985 (the Act), as and the protection of certain propri- amended (16 U.S.C. 3801 et seq.), includ- etary information related to natural ing the following: resources conservation programs as

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provided by section 1244 of the Act (16 Defense Production Act of 1950, as U.S.C. 3844), except for responsibilities amended (50 U.S.C. App. 2061 et seq.) assigned to the Under Secretary for and title VI of the Robert T. Stafford Farm and Foreign Agricultural Serv- Disaster Relief and Emergency Assist- ices. ance Act (42 U.S.C. 5195 et seq.), relat- (xiv) Approve and transmit to the ing to agricultural land and water, for- Congress comprehensive river basin re- ests and forest products, rural fire de- ports. fense, and forestry research. (xv) Provide representation on the (6) Related to surface mining control Water Resources Council and river and reclamation. Administer respon- basin commissions created by 42 U.S.C. sibilities and functions assigned to the 1962, and on river basin interagency Secretary of Agriculture under the committees. Surface Mining Control and Reclama- (xvi) Administer the following provi- tion Act of 1977 (30 U.S.C. 1201 et seq.). sions of the Farm Security and Rural (7) Related to environmental response. Investment Act of 2002 with respect to (i) With respect to land and facilities functions otherwise delegated to the under his or her authority, to exercise Under Secretary for Natural Resources the functions delegated to the Sec- and Environment: retary by Executive Order 12580, 3 CFR, (A) The equitable relief provisions of 1987 Comp., p. 193, and Executive Order section 1613 (7 U.S.C. 7996). 12777, 3 CFR, 1991 Comp., p. 351, to act (B) The tracking of benefits under as Federal trustee for natural re- section 1614 (7 U.S.C. 7997). sources in accordance with section (C) The development of a plan and re- 107(f) of the Comprehensive Environ- lated report to coordinate land retire- mental Response, Compensation, and ment and agricultural working land Liability Act of 1980 (42 U.S.C. 9607(f)), conservation programs under section section 311(f)(5) of the Federal Water 2005 (16 U.S.C. 3801 note). Pollution Control Act (33 U.S.C. (xvii) Administer the Water Bank 1321(f)(5)), and section 1006(b)(2) of the Program under the Water Bank Act (16 Oil Pollution Act of 1990 (33 U.S.C. U.S.C. 1301 et seq.). 2706(b)(2)). (xviii) Administer the agricultural (ii) With respect to land and facilities management assistance provisions of under his or her authority, to exercise section 524(b) of the Federal Crop In- the functions delegated to the Sec- surance Act, as amended (7 U.S.C. retary by Executive Order 12580, 3 CFR, 1524(b)), except for responsibilities as- 1987 Comp., p. 193, under the following signed to the Under Secretary for Farm provisions of the Comprehensive Envi- and Foreign Agricultural Services. ronmental Response, Compensation, (xix) Coordinate USDA input and as- and Liability Act of 1980 (‘‘the Act’’), sistance to the Department of Com- as amended: merce and other Federal agencies con- (A) Sections 104(a), (b), and (c)(4) of sistent with section 307 of the Coastal the Act (42 U.S.C. 9604(a), (b), and Zone Management Act of 1972 (16 U.S.C. (c)(4)), with respect to removal and re- 1456), and coordinate USDA review of medial actions in the event of release qualifying state and local government or threatened release of a hazardous coastal management plans or programs substance, pollutant, or contaminant prepared under such Act and submitted into the environment; to the Secretary of Commerce, con- (B) Sections 104(e)–(h) of the Act (42 sistent with section 306(a) and (c) of U.S.C. 9604(e)–(h)), with respect to in- such Act (16 U.S.C. 1455(a) and (c)). 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;

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(D) Section 104(j) of the Act (42 U.S.C. (42 U.S.C. 9622(b)(1)), relating to mixed 9604(j)), with respect to the acquisition funding agreements. of real property and interests in real (iii) With respect to land and facili- property required to conduct a reme- ties under his or her authority, to exer- dial action; cise the authority vested in the Sec- (E) The first two sentences of section retary of Agriculture to act as the 105(d) of the Act (42 U.S.C. 9605(d)), ‘‘Federal Land Manager’’ pursuant to with respect to petitions for prelimi- the Clean Air Act, as amended (42 nary assessment of a release or threat- U.S.C. 7401 et seq.). ened release; (8) Related to compliance with environ- (F) Section 105(f) of the Act (42 U.S.C. mental laws. With respect to facilities 9605(f)), with respect to consideration and activities under his or her author- of the availability of qualified minority, to exercise the authority of the ity firms in awarding contracts, but ex- Secretary of Agriculture pursuant to cluding that portion of section 105(f) of section 1–102 related to compliance the Act pertaining to the annual report with applicable pollution control to Congress; standards and section 1–601 of Execu- (G) Section 109 of the Act (42 U.S.C. tive Order 12088, 3 CFR, 1978 Comp., p. 9609), with respect to the assessment of 243, to enter into an inter-agency civil penalties for violations of section agreement with the United States En- 122 of the Act (42 U.S.C. 9622), and the vironmental Protection Agency, or an granting of awards to individuals pro- administrative consent order or a con- viding information; sent judgment in an appropriate United (H) Section 111(f) of the Act (42 U.S.C. States District Court with an appro- 9611(f)), with respect to the designation priate State, interstate, or local agen- of officials who may obligate money in cy, containing a plan and schedule to the Hazardous Substances Superfund; achieve and maintain compliance with (I) Section 113(g) of the Act (42 U.S.C. applicable pollution control standards 9613(g)), with respect to receiving noti- established pursuant to the following: fication of a natural resource trustee’s (i) Solid Waste Disposal Act, as intent to file suit; amended by the Resource Conservation (J) Section 113(k) of the Act (42 and Recovery Act, the Hazardous and U.S.C. 9613(k)), with respect to estab- Solid Waste Amendments, and the Fed- lishing an administrative record upon eral Facility Compliance Act (42 U.S.C. which to base the selection of a re- 6901 et seq.); sponse action and identifying and noti- (ii) Federal Water Pollution Preven- fying potentially responsible parties; tion and Control Act, as amended (33 (K) Section 116(a) of the Act (42 U.S.C. 1251 et seq.); U.S.C. 9616(a)), with respect to prelimi- (iii) Safe Drinking Water Act, as nary assessment and site inspection of amended (42 U.S.C. 300f et seq.); facilities; (iv) Clean Air Act, as amended (42 (L) Section 117(a) and (c) of the Act U.S.C. 7401 et seq.); (42 U.S.C. 9617(a) and (c)), with respect (v) Noise Control Act of 1972, as to public participation in the prepara- amended (42 U.S.C. 4901 et seq.); tion of any plan for remedial action (vi) Toxic Substances Control Act, as and explanation of variances from the amended (15 U.S.C. 2601 et seq.); final remedial action plan for any re- (vii) Federal Insecticide, Fungicide, medial action or enforcement action, and Rodenticide Act, as amended (7 including any settlement or consent U.S.C. 136 et seq.); and decree entered into; (viii) Comprehensive Environmental (M) Section 119 of the Act (42 U.S.C. Response, Compensation, and Liability 9619), with respect to indemnifying re- Act of 1980, as amended by the Super- sponse action contractors; fund Amendments and Reauthorization (N) Section 121 of the Act (42 U.S.C. Act of 1986 (42 U.S.C. 9601 et seq.). 9621), with respect to cleanup stand- (9) Related to historic preservation. Ad- ards; and minister the implementation of the (O) Section 122 of the Act (42 U.S.C. National Historic Preservation Act of 9622), with respect to settlements, but 1966, 16 U.S.C. 470 et seq., Executive excluding section 122(b)(1) of the Act Order 11593, 3 CFR, 1971–1975 Comp., p.

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559, and regulations of the Advisory culture, Conservation, and Trade Act Council on Historic preservation, 36 of 1990 (Pub. L. No. 101–624, 104 Stat. CFR part 800, for the Department of 3703), except the provisions relating to Agriculture with authority to name the USDA Graduate School in section the Secretary’s designee to the Advi- 1669 and the provisions relating to al- sory Council on Historic Preservation. ternative agricultural research and (b) The following authorities are re- commercialization under sections 1657– served to the Secretary of Agriculture: 1664 (7 U.S.C. 5801 et seq.). (1) Related to natural resource con- (iii) Coordinate USDA policy and servation. Designation of new project conduct programs relative to the Fed- areas in which the resource conserva- eral Insecticide, Fungicide, and tion and development program assist- Rodenticide Act, as amended (7 U.S.C. ance will be provided. 136 et seq.) and coordinate the Depart- (2) [Reserved] ment’s Integrated Pest Management Programs and the Pesticide Assess- [60 FR 56393, Nov. 8, 1995, as amended at 62 FR 1031, Jan. 8, 1997; 64 FR 32797, June 18, ment Program (7 U.S.C. 136–136y). 1999; 64 FR 34967, June 30, 1999; 65 FR 12428, (iv) Carry out research, technology Mar. 9, 2000; 67 FR 59135, Sept. 30, 2002; 68 FR development, technology transfer, and 27437, May 20, 2003; 69 FR 34252, June 21, 2004] demonstration projects related to the economic feasibility of the manufac- § 2.21 Under Secretary for Research, ture and commercialization of natural Education, and Economics. rubber from plants containing hydro- (a) The following delegations of au- carbons (7 U.S.C. 178–178n). thority are made by the Secretary of (v) Conduct research on the control Agriculture to the Under Secretary for of undesirable species of honey bees in Research, Education, and Economics. cooperation with specific foreign gov- (1) Related to science and education. (i) ernments (7 U.S.C. 284). Direct, coordinate and provide national (vi) Administer the appropriation for leadership and support for research, ex- the endowment and maintenance of tension and teaching programs in the colleges for the benefit of agriculture food and agricultural sciences to meet and the mechanical arts (7 U.S.C. 321– major needs and challenges in develop- 326a). ment of new food and fiber; food and (vii) Administer teaching funds au- agriculture viability and competitive- thorized by section 22 of the Bankhead ness in the global economy; enhancing Jones Act, as amended (7 U.S.C. 329). economic opportunities and quality of (viii) Administer a Cooperative Agri- life for rural America; food and agricultural Extension Program in accord- cultural system productivity and de- ance with the Smith-Lever Act, as velopment of new crops and new uses; amended (7 U.S.C. 341–349). the environment and natural resources; (ix) Cooperate with the States for the or the promotion of human health and purpose of encouraging and assisting welfare pursuant to the National Agri- them in carrying out research related cultural Research, Extension, and to the problems of agriculture in its Teaching Policy of 1977, as amended (7 broadest aspects under the Hatch Act, U.S.C. 3101 et seq.). as amended (7 U.S.C. 361a–361i). (ii) Provide national leadership and (x) Evaluate, assess, and report to support for research, extension, and congressional agriculture committees teaching programs in the food and agri- on the merits of proposals for agricul- cultural sciences to carry out sustain- tural research facilities in the States, able agriculture research and edu- and ensure that each research activity cation; a National Plant Genetic Re- conducted by an Agricultural Research sources Program; a national agricul- Service facility serves a national or tural weather information system; re- multistate need (7 U.S.C. 390 et seq.). search regarding the production, prepa- (xi) Conduct research concerning do- ration, processing, handling, and stor- mestic animals and poultry, their pro- age of agricultural products; a Plant tection and use, the causes of con- and Animal Pest and Disease Control tagious, infectious, and communicable Program; and any other provisions pur- diseases, and the means for the preven- suant to title XVI of the Food, Agri- tion and cure of the same (7 U.S.C. 391).

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(xii) Conduct research related to the only), private organizations or corpora- dairy industry and to the dissemina- tions, and individuals, and of facilities tion of information for the promotion grants to State agricultural experi- of the dairy industry (7 U.S.C. 402). ment stations and other designated (xiii) Conduct research and dem- colleges and universities, to promote onstrations at Mandan, ND, related to research, extension, or education, in dairy livestock breeding, growing, and food, agriculture and related areas (7 feeding, and other problems pertaining U.S.C. 450i). to the establishment of the dairy and (xxi)–(xxii) [Reserved] livestock industries (7 U.S.C. 421–422). (xxiii) Conduct research related to (xiv) Conduct research on new uses soil and water conservation, engineer- for cotton and on cotton ginning and ing operations, and methods of cultiva- processing (7 U.S.C. 423–424). tion to provide for the control and pre- (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. 1441 note). servation development; and develop- (xxvi) [Reserved] ment of efficient use of farm buildings, homes, and farm machinery except as (xxvii) Conduct research to develop otherwise delegated in § 2.22(a)(1)(ii) and determine methods for the humane and § 2.79(a)(2) (7 U.S.C. 427, 1621–1627, slaughter of livestock (7 U.S.C. 1904). 1629, 2201, and 2204). (xxviii) Administer a competitive (xvi) Conduct research on varietal grant program for non- profit institu- improvement of wheat and feed grains tions to establish and operate centers to enhance their conservation and en- for rural technology or cooperative de- vironmental qualities (7 U.S.C. 428b). velopment (7 U.S.C. 1932(f)). (xvii) [Reserved] (xxix) Administer a Nutrition Edu- (xviii) Enter into agreements with cation Program for Food Stamp recipi- and receive funds from any State, ents and for the distribution of com- other political subdivision, organiza- modities on reservations (7 U.S.C. tion, or individual for the purpose of 2020(f)). conducting cooperative research (xxx) Conduct education and exten- projects (7 U.S.C. 450a). sion programs and a pilot project re- (xix) Carry out a program (IR–4 Pro- lated to nutrition education (7 U.S.C. gram) for the collection of residue and 2027(a) and 5932). efficacy data in support of minor use (xxxi) Make grants and enter into pesticide registration or reregistration contracts and other agreements for and to determine tolerances for minor outreach and technical assistance to use chemical residues in or on agricul- socially disadvantaged farmers and tural commodities (7 U.S.C. 450i). ranchers (7 U.S.C. 2279(a)(3)). (xx) Administer and direct a program (xxxii) Develop and maintain na- of competitive grants for research, and tional and international library and in- special grants for research, education, formation systems and networks and or extension, to State agricultural ex- facilitate cooperation and coordination periment stations, colleges and univer- of the agricultural libraries of colleges, sities, other research institutions and universities, USDA, and their closely organizations, Federal agencies, na- allied information gathering and dis- tional laboratories (competitive grants semination units in conjunction with

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private industry and other research li- other materials related to the purposes braries (7 U.S.C. 2201, 2204, 3125a, and of the National Agricultural Research, 3126). Extension, and Teaching Policy Act of (xxxiii) Accept gifts and order dis- 1977, as amended; maintain such infor- bursements from the Treasury for car- mation; and provide for the dissemina- rying out of National Agricultural Li- tion of such information and materials brary (NAL) functions (7 U.S.C. 2264– on a regular basis to State educational 2265). agencies and other interested parties (7 (xxxiv) Propagate bee-breeding stock U.S.C. 3126). and release bee germplasm to the pub- (xlii) Conduct programs related to lic (7 U.S.C. 283). composting research and extension (7 (xxxv) Administer, in cooperation U.S.C. 3130). with land-grant colleges and univer- (xliii) Conduct a program of grants to sities where applicable, a rural devel- States to expand, renovate, or improve opment research and extension pro- schools of veterinary medicine (7 gram, a small farm research and exten- U.S.C. 3151). sion program, and a rural health and (xliv) Formulate and administer pro- safety education program under the grams to strengthen secondary edu- Rural Development Act of 1972, as cation and two-year post secondary amended (7 U.S.C. 2661–2667). teaching programs; promote linkages (xxxvi) Administer a cooperative ex- between secondary, two-year post sec- tension program under the Farmer-to- ondary, and higher education programs Consumer Direct Marketing Act of 1976 in the food and agricultural sciences; (7 U.S.C. 3004). administer grants to secondary edu- (xxxvii) Coordinate the development cation and two-year post secondary and carrying out by Department agen- teaching programs, and to colleges and cies of all matters and functions per- universities; maintain a national food taining to agricultural research con- and agricultural education information ducted or funded by the Department in- system (7 U.S.C. 3152). volving biotechnology, including the (xlv) Administer the National Food development and implementation of and Agricultural Sciences Teaching guidelines for oversight of research ac- Awards Program for recognition of tivities, acting as liaison on all mat- educators in the food and agricultural ters and functions pertaining to agri- sciences (7 U.S.C. 3152). cultural research in biotechnology be- (xlvi) Administer the National Agri- tween agencies within the Department cultural Science Award for research or and between the Department and other advanced studies in the food and agri- governmental, educational, or private cultural sciences (7 U.S.C. 3153). organizations and carrying out any (xlvii) Administer grants to colleges, other activities authorized by (7 U.S.C. universities, and Federal laboratories 3121). for research on the production and (xxxviii) [Reserved] marketing of alcohols and industrial (xxxix) Establish and oversee the Na- hydrocarbons from agricultural com- tional Agricultural Research, Exten- modities and forest products (7 U.S.C. sion, Education, and Economics Advi- 3154). sory Board (7 U.S.C. 3123). (xlviii) Administer a National Food (xl) Provide and distribute informa- and Human Nutrition Research and Ex- tion and data about Federal, State, tension Program. Establish and admin- local, and other Rural Development As- ister a Human Nutrition Intervention sistance Programs and services avail- and Health Promotion Research Pro- able to individuals and organizations. gram (7 U.S.C. 3171–3175). To the extent possible, NAL shall use (xlix) Administer and direct an Ani- telecommunications technology to dis- mal Health and Disease Research Pro- seminate such information to rural gram under the National Agricultural areas (7 U.S.C. 3125b). Research, Extension, and Teaching (xli) Assemble and collect food and Policy Act of 1977, as amended (7 U.S.C. nutrition educational material, includ- 3191–3201). ing the results of nutrition research, (l) Support continuing agricultural training methods, procedures, and and forestry extension and research, at

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1890 land-grant colleges, including tural Research Service (7 U.S.C. 3291, Tuskegee University, and administer a 3292b). grant program for five National Re- (liv) Provide for an agricultural research and Training Centers (7 U.S.C. search and development program with 3221, 3222, 3222c, 3222d). the United States/Mexico Foundation (li) Administer grants to 1890 land- for Science (7 U.S.C. 3292a). grant colleges, including Tuskegee (lv) Administer a program of com- University, through Federal-grant petitive grants to colleges and univer- funds to help finance research facilities sities and State cooperative institu- and equipment including agricultural tions for the acquisition of special pur- libraries (7 U.S.C. 3223). pose scientific research equipment for (lii) Establish and administer com- use in the food and agricultural petitive grants (or grants without re- sciences (7 U.S.C. 3310a). gard to any requirement for competi- (lvi) Enter into contracts, grants, or tion) to Hispanic-serving Institutions cooperative agreements to further re- for the purpose of promoting and search, extension, or teaching pro- strengthening the ability of Hispanic- grams in the food and agriculture serving Institutions to carry out edu- sciences (7 U.S.C. 3318). cation, applied research, and related (lvii) Enter into cost-reimbursable community development programs (7 agreements with State cooperative in- U.S.C. 3241). stitutions or other colleges and univer- (liii) Provide policy direction and co- sities for the acquisition of goods or ordinate the Department’s work with services in support of research, exten- national and international institutions sion, or teaching activities in the food and other persons throughout the and agricultural sciences, including world in the performance of agricul- the furtherance of library and related tural research, extension, teaching, information programs (7 U.S.C. 3319a). and development activities; administer (lviii) Conduct research and develop- a program of competitive grants for ment and implement a program for the collaborative projects involving Fed- development of supplemental and al- eral scientists or scientists from col- ternative crops (7 U.S.C. 3319d). leges and universities working with (lix) Administer an Aquaculture As- scientists at international agricultural sistance Program, involving centers, research centers in other nations focus- by making grants to eligible institu- ing either on new technologies and pro- tions for research and extension to fa- grams for increasing the production of cilitate or expand production and mar- food and fiber or training scientists keting of aquacultural food species and and a program of competitive grants to products; making grants to States to colleges and universities to strengthen formulate Aquaculture development United States economic competitive- plans for the production and marketing ness and to promote international mar- of aquacultural species and products; ket development; establish a program and conducting a program of research, in coordination with the Foreign Agri- extension and demonstration at cultural Service to place interns from aquacultural demonstration centers (7 United States colleges and universities U.S.C. 3321–22). at Foreign Agricultural Service field (lx) Administer a Cooperative Range- offices overseas; and provide a biennial land Research Program (7 U.S.C. 3331– report to the Committee on Agri- 3336). culture of the House of Representatives (lxi) Conduct a program of basic re- and the Committee on Agriculture, Nu- search on cancer in animals and birds trition, and Forestry of the Senate on (7 U.S.C. 3902). efforts of the Federal Government to (lxii) Design and implement edu- coordinate international agricultural cational programs and distribute mate- research within the Federal Govern- rials in cooperation with the coopera- ment, and to more effectively link the tive extension services of the States activities of domestic and inter- emphasizing the importance of produc- national agricultural researchers, par- tive farmland, and designate a farm- ticularly researchers of the Agricul- land information center, pursuant to

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section 1544 of the Farmland Protec- trol available to agricultural producers tion Policy Act (7 U.S.C. 4205). through the pest and disease control (lxiii) [Reserved] database (7 U.S.C. 5882). (lxiv) Administer programs and con- (lxxv) Administer and conduct re- duct projects for research, extension, search and grant programs on the con- and education on sustainable agri- trol and eradication of exotic pests (7 culture (7 U.S.C. 5811–5813). U.S.C. 5883). (lxv) Conduct research and coopera- (lxxvi) Conduct research and edu- tive extension programs to optimize cational programs to study the biology crop and livestock production poten- and behavior of chinch bugs (7 U.S.C. tial, integrated resource management, 5884). and integrated crop management (7 U.S.C. 5821). (lxxvii) Administer research pro- (lxvi) Design, implement, and develop grams and grants for risk assessment handbooks, technical guides, and other research to address concerns about the educational materials emphasizing sus- environmental effects of biotechnology tainable agriculture production sys- (7 U.S.C. 5921). tems and practices (7 U.S.C. 5831). (lxxviii) Administer a rural elec- (lxvii) Administer a competitive tronic commerce extension program grant program to organizations to through grants to regional rural devel- carry out a training program on sus- opment centers and competitive grants tainable agriculture (7 U.S.C. 5832). to land-grant colleges and universities (lxviii) Administer a national re- and to colleges and universities (in- search program on genetic resources to cluding community colleges) with agri- provide for the collection, preserva- cultural or rural development pro- tion, and dissemination of genetic ma- grams (7 U.S.C. 5923). terial important to American food and (lxxix) Conduct a research initiative agriculture production (7 U.S.C. 5841– known as the Agricultural Genome Ini- 5844). tiative, and make grants or enter into (lxix) Conduct remote-sensing and cooperative agreements on a competi- other weather-related research (7 tive basis to carry out the Initiative (7 U.S.C. 5852). U.S.C. 5924). (lxx) Establish an Agricultural Weather Office and administer a na- (lxxx) Administer a competitive high tional agricultural weather informa- priority research and extension grants tion system, including a competitive program in specified subject areas (7 grants program for research in atmos- U.S.C. 5925). pheric sciences and climatology (7 (lxxxi) Administer a program of com- U.S.C. 5852–5853). petitive grants to support research and (lxxi) Administer a research and ex- extension activities in Nutrient Man- tension grant program to States to ad- agement Research and Extension (7 minister programs for State agricul- U.S.C. 5925a). tural weather information systems (7 (lxxxii) Administer competitive U.S.C. 5854). grants to support research and exten- (lxxii) Administer grants and conduct sion activities regarding organically research programs to measure micro- grown and processed agricultural com- biological and chemical agents associ- modities (7 U.S.C. 5925b). ated with the production, preparation, (lxxxiii) Facilitate access, through processing, handling, and storage of ag- the Economic Research Service and the ricultural products (7 U.S.C. 5871–5874). Agricultural Research Service (includ- (lxxiii) Administer and conduct re- ing the National Agricultural Library), search and extension programs on integrated pest management, including re- by research and extensions profes- search to benefit floriculture (7 U.S.C. sionals, farmers, and other interested 5881). persons in the United States to, and (lxxiv) Establish a National Pesticide the use by those persons of, organic re- Resistance Monitoring Program and search conducted outside the United disseminate information on materials States (7 U.S.C. 5925d). and methods of pest and disease con- (lxxxiv)–(lxxxvii) [Reserved]

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(lxxxviii) Establish and administer a the expansion of the professional edu- program for the development and utili- cation of forestry, natural resources, zation of an agricultural communica- and environmental scientists (16 U.S.C. tions network (7 U.S.C. 5926). 1649). (lxxxix)–(xc) [Reserved] (cv) Provide for an expanded and (xci) Administer education programs comprehensive extension program for on Indian reservations and tribal juris- forest and rangeland renewable re- dictions (7 U.S.C. 5930). sources (16 U.S.C. 1671–1676). (xcii) [Reserved] (cvi) Provide technical, financial, and (xciii) Administer a demonstration educational assistance to State for- grants program for support of an as- esters and State extension directors on sistive technology program for farmers rural forestry assistance (16 U.S.C. with disabilities (7 U.S.C. 5933). 2102). (xciv) Conduct research on diseases (cvii) Provide educational assistance affecting honeybees (7 U.S.C. 5934). to State foresters under the Forest (xcv) Control within USDA the acqui- Stewardship Program (16 U.S.C. 2103a). sition, use, and disposal of material (cviii) Implement and conduct an and equipment that may be a source of educational program to assist the de- ionizing radiation hazard. velopment of Urban and Community (xcvi) Conduct programs of research, Forestry Programs (16 U.S.C. 2105). technology development, and edu- (cix) Provide staff support to the Sec- cation related to global climate change retary of Agriculture in his or her role (7 U.S.C. 6701–6710). as permanent Chair for the Joint Sub- (xcvii) Administer the Small Busi- committee on Aquaculture established ness Innovation Development Act of by the National Aquaculture Act of 1982 for USDA (15 U.S.C. 638(e)–(k)). 1980 and coordinate aquacultural ac- (xcviii) Coordinate Departmental tivities within the Department (16 policies under the Toxic Substance U.S.C. 2805). Control Act (15 U.S.C. 2601–2629). (cx) Perform research, development, (xcix) Provide educational and tech- and extension activities in aquaculture nical assistance in implementing and (16 U.S.C. 2804 and 2806). administering the Conservation Re- serve Program authorized in sections (cxi) Provide educational assistance 1231–1244 of the Food Security Act of to farmers regarding the Agricultural 1985 (Pub. L. No. 99–198, 99 Stat. 1509 (16 Water Quality Protection Program (16 U.S.C. 3831–3844)). U.S.C. 3838b). (c) Enter into cooperative research (cxii) Copy and deliver on demand se- and development agreements with in- lected articles and other materials dustry, universities, and others; insti- from the Department’s collections by tute a cash award program to reward photographic reproduction or other scientific, engineering, and technical means within the permissions, con- personnel; award royalties to inven- straints, and limitations of sections tors; and retain and use royalty income 106, 107, and 108 of the Copyright Act of (15 U.S.C. 3710a–3710c). October 19, 1976, (17 U.S.C. 106, 107, and (ci) Coordinate USDA activities dele- 108). gated under 15 U.S.C. 3710a–3710c. (cxiii) Authorize the use of the 4–H (cii) Conduct educational and dem- Club name and emblem (18 U.S.C. 707). onstrational work in Cooperative Farm (cxiv) Maintain a National Arbo- Forestry Programs (16 U.S.C. 568). retum for the purposes of research and (ciii) Administer a cooperative for- education concerning tree and plant estry program in accordance with the life, and order disbursements from the McIntire-Stennis Cooperative Forestry Treasury, in accordance with the Act Act, and administer a competitive for- of March 4, 1927 (20 U.S.C. 191 et seq.). estry, natural resources, and environ- (cxv) Conduct research on foot-and- mental grant program (16 U.S.C. 582A– mouth disease and other animal dis- 582A–8). eases (21 U.S.C. 113a). (civ) Establish and administer the (cxvi) Conduct research on the con- Forestry Student Grant Program to trol and eradication of cattle grubs provide competitive grants to assist (screwworms) (21 U.S.C. 114e).

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(cxvii) Obtain and furnish Federal ex- (cxxviii) Represent the Department cess property to eligible recipients for on all library and information science use in the conduct of research and ex- matters before Congressional Commit- tension programs (40 U.S.C. 483(d)(2)). tees and appropriate commissions, and (cxviii) Conduct research demonstra- provide representation to the coordi- tion and promotion activities related nating committees of the Federal and to farm dwellings and other buildings State governments concerned with li- for the purposes of reducing costs and brary and information science activi- adapting and developing fixtures and ties. appurtenances for more efficient and (cxxix) Represent the Department in economical farm use (42 U.S.C. 1476(b)). international organizational activities (cxix) Carry out research, demonstra- and on international technical com- tion, and educational activities author- mittees concerned with agricultural ized in section 202(c) of the Colorado science, education, and development River Basin Salinity Control Act (43 activities, including library and infor- U.S.C. 1592(c)). mation science activities. (cxx) Conduct research on losses of (cxxx) Prepare and disseminate com- livestock in interstate commerce due puter files, indexes and abstracts, bib- to injury or disease (45 U.S.C. 71 note). liographies, reviews, and other analyt- (cxxi) Administer a Cooperative Agri- ical information tools. cultural Extension Program related to (cxxxi) Arrange for the consolidated agriculture, uses of solar energy with purchasing and dissemination of print- respect to agriculture, and home eco- ed and automated indexes, abstracts, nomics in the District of Columbia journals, and other widely used infor- (D.C. Code 31–1409). mation resources and services. (cxxii) [Reserved] (cxxxii) Provide assistance and sup- (cxxiii) Exercise the responsibilities port to professional organizations and of the Secretary under regulations others concerned with library and in- dealing with Equal Employment Oppor- formation science matters and issues. tunity in the Cooperative Extension (cxxxiii) Pursuant to the authority Service (part 18 of this title). delegated by the Administrator of Gen- (cxxiv) Represent the Department on eral Services to the Secretary of Agri- the Federal Interagency Council on culture in 34 FR 6406, 36 FR 1293, 36 FR Education. 18440, and 38 FR 23838, appoint uni- (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

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approved by the Director, Office of Op- pursuant to section 922 of the Federal erations, and the General Counsel prior Agriculture Improvement and Reform to issuance. Act (7 U.S.C. 2279c). (cxxxiv) Represent the Department (cxliv) Develop and carry out a sys- on the National Science and Tech- tem to monitor and evaluate agricul- nology Council. tural research and extension activities (cxxxv) Administer the Department’s conducted or supported by the Depart- Patent Program except as delegated to ment that will enable the Secretary to the General Counsel in § 2.31(e). measure the impact and effectiveness (cxxxvi) Review cooperative research of research, extension, and education and development agreements entered programs according to priorities, goals, into pursuant to 15 U.S.C. 3710a–3710c, and mandates established by law. Con- with authority to disapprove or require duct a comprehensive review of state- the modification of any such agree- of-the-art information technology sys- ment. tems for use in developing the system (cxxxvii) Establish and administer a (7 U.S.C. 3129). 1994 Institutions Endowment Fund and (cxlv) Make grants, competitive to enter into agreements necessary to grants, and special research grants to, do this (Section 533(b) and (c) of the and enter into cooperative agreements Equity in Educational Land-Grant Sta- and other contracting instruments tus Act of 1994, 7 U.S.C. 301 note). with, policy research centers (7 U.S.C. (cxxxviii) Make grants in equal 3155). amounts to 1994 Land-Grant Institu- (cxlvi) Conduct a pilot research pro- tions to be used in the same manner as gram to link major cancer and heart is prescribed for colleges under the Act and other circulatory disease research of August 30, 1890 (7 U.S.C. 321 et seq.), efforts with agricultural research ef- and subject to the requirements of such forts to identify compounds in vegeta- Act (Section 534(a) of the Equity in bles and fruits that prevent these dis- Educational Land-Grant Status Act of eases (7 U.S.C. 3174a). 1994, 7 U.S.C. 301 note). (clvii) Administer an Initiative for (cxxxix) Make competitive Institu- Future Agriculture and Food Systems tional Capacity Building Grants to as- (7 U.S.C. 7621). sist 1994 Land-Grant Institutions with (cxlviii) Administer the Stuttgart constructing, acquiring, and remod- National Aquaculture Research Center eling buildings, laboratories, and other (16 U.S.C. 778 et seq.; Pub. L. 104–127, capital facilities (including fixtures sec. 889). and equipment) necessary to conduct (cxlix) Provide technical and edu- instructional activities more effec- cational assistance to conserve and en- tively in agriculture and sciences (Sec- hance private grazing land resources tion 535 of the Equity in Educational (16 U.S.C. 2005b). Land-Grant Status Act of 1994, 7 U.S.C. (cl) Provide technical assistance to 301 note). farmers and ranchers under the Envi- (cxl) Make competitive grants to 1994 ronmental Quality Incentives Program Land-Grant Institutions to conduct ag- (16 U.S.C. 3830 et seq.). ricultural research that addresses high (cli) Ensure that agricultural re- priority concerns of tribal, national, or search conducted by the Agricultural multistate significance (Section 536 of Research Service, and agricultural re- the Equity in Educational Land-Grant search, extension, or education activi- Status Act of 1994, 7 U.S.C. 301 note). ties administered by the Cooperative (cxli) Implement and administer the State Research, Education, and Exten- Community Food Projects Program sion Service on a competitive basis ad- and the Innovative Programs for Ad- dress a concern that is a priority and dressing Common Community Prob- has national, multistate, or regional lems pursuant to the provisions of sec- significance (7 U.S.C. 7611). tion 25 of the Food Stamp Act of 1977 (7 (clii) Solicit and consider input and U.S.C. 2034). recommendations from persons who (cxlii) [Reserved] conduct or use agricultural research, (cxliii) Coordinate the Department of extension, or education and, after con- Agriculture summer intern program sultation with appropriate subcabinet

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officials, establish priorities for agri- to coordinate and manage research and cultural research, extension, and edu- extension activities to enhance the cation activities conducted or funded quality of high-value agricultural prod- by the Department; promulgate regula- ucts (7 U.S.C. 7622). tions concerning implementation of a (clix) Administer a program of com- process for obtaining stakeholder input petitive grants to eligible entities to at 1862, 1890, and 1994 Institutions; and conduct research, education, or infor- ensure that federally supported and mation dissemination projects for the conducted agricultural research, exten- development and advancement of preci- sion, and education activities are ac- sion agriculture (7 U.S.C. 7623). complished in accord with identified (clx) Coordinate the resources of the management principles (7 U.S.C. 7612). Department to develop, commercialize, (cliii) Establish procedures that pro- and promote the use of biobased prod- vide for scientific peer review of each ucts, and enter into cooperative agree- agricultural research grant adminis- ments with private entities to operate tered on a competitive basis, and for pilot plants and other large-scale prep- merit review of each agricultural ex- aration facilities under which the fa- tension or education grant adminis- cilities and technical expertise of the tered, on a competitive basis, by the Agricultural Research Service may be Cooperative State Research, Edu- made available (7 U.S.C. 7624). cation, and Extension Service (7 U.S.C. (clxi) Administer the Thomas Jeffer- 7613(a)). son Initiative for Crop Diversification (cliv) Consider the results of the an- program of competitive grants and con- nual review performed by the Agricul- tracts for the purpose of conducting re- tural Research, Extension, Education, search and development, in coopera- and Economics Advisory Board regard- tion with other public and private enti- ing the relevance to priorities of the ties, on the production and marketing funding of all agricultural research, ex- of new and nontraditional crops needed tension, or education activities con- to strengthen and diversify the agricul- ducted or funded by the Department tural production base of the United and the adequacy of funding, when for- States (7 U.S.C. 7625). mulating each request for proposals, (clxii) Administer competitive grants and evaluating proposals, involving an for integrated, multifunctional agricul- agricultural research, extension, or tural research, education, and exten- education activity funded, on a com- sion activities (7 U.S.C. 7626). petitive basis, by the Department; and (clxiii) Administer a coordinated pro- solicit and consider input from persons gram of research, extension, and edu- who conduct or use agricultural re- cation to improve the competitiveness, search, extension, or education regard- viability, and sustainability of small ing the prior year’s request for pro- and medium size dairy, livestock, and posals for each activity funded on a poultry operations (7 U.S.C. 7627). competitive basis (7 U.S.C. 7613(c)). (clxiv) Administer grants to con- (clv) Establish, in consultation with sortia of land-grant colleges and uni- appropriate subcabinet officials, proce- versities to enhance the ability of the dures to ensure scientific peer review consortia to carry out multi-State re- of all research activities conducted by search projects aimed at understanding the Department (7 U.S.C. 7613(d)). and combating diseases of wheat, (clvi) Require a procedure to be es- triticale, and barley caused by Fusar- tablished by each 1862, 1890, and 1994 In- ium graminearum and related fungi or stitution, for merit review of each agri- Tilletia indica and related fungi (7 cultural research and extension activ- U.S.C. 7628). ity funded and review of the activity in (clxv) Operate and administer the accordance with the procedure (7 Food Animal Residue Avoidance Data- U.S.C. 7613(e)). base through contracts, grants, or co- (clvii) Administer an Initiative for operative agreements with appropriate Future Agriculture and Food Systems colleges or universities (7 U.S.C. 7642). (7 U.S.C. 7621). (clxvi) Update on a periodic basis, nu- (clviii) Administer a program of com- trient composition data and report to petitive grants to eligible partnerships Congress the method that will be used

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to update the data and the timing of ability of the United States food and the update (7 U.S.C. 7651). agricultural system to chemical or bio- (clxvii) Establish and maintain a logical attack, to continue partner- Food Safety Research Information Of- ships with institutions of higher edu- fice at the National Agricultural Li- cation and other institutions to help brary to provide to the research com- form stable, long-term programs to en- munity and the general public informa- hance the biosecurity of the United tion on publicly and privately funded States, to make competitive grants to food safety research initiatives (7 universities and qualified research in- U.S.C. 7654(a)). stitutions for research on (clxviii) Develop a national program counterbioterrorsims, and to counter of safe food handling education for or otherwise respond to chemical or bi- adults and young people to reduce the ological attack (7 U.S.C. 3351). risk of food-borne illness (7 U.S.C. (clxxv) Administer a program of com- 7655). petitive grants to colleges and univer- (clxix) Conduct a performance eval- sities for expansion and security up- uation to determine whether federally grades to enhance the security of agri- funded agricultural research, exten- culture against bioterrorism threats (7 sion, and education programs result in U.S.C. 3352). public goods that have national or (clxxvi) Administer programs for dis- multistate significance, including tance education grants and resident in- through a contract with one or more struction grants to eligible institutions entities to provide input and rec- in insular areas that have demon- ommendations with respect to feder- strable capacity to carry out teaching ally funded agricultural research, ex- and extension programs in the food and tension, and education programs (7 agricultural sciences (7 U.S.C. 3361– U.S.C. 7671). 3363). (clxx) Request the National Academy (clxxvii) Develop and implement a of Sciences to conduct a study of the program to communicate with the pub- role and mission of federally funded ag- lic regarding the use of biotechnology ricultural research, extension, and edu- in producing food for human consump- cation (7 U.S.C. 7672). tion (7 U.S.C. 5921a). (clxxi) Take a census of agriculture (clxxviii) Administer a program of in 1998 and every fifth year thereafter cooperative research (including pursuant to the Census of Agriculture through competitive award of grants Act of 1997, Pub. L. No. 105–113 (7 U.S.C. and cooperative agreements to colleges 2204g). and universities) and extension (clxxii) Cooperate with other Federal projects on carbon cycling in soils and agencies (including the National plants, the exchange of other green- Science Foundation) in issuing joint house gases from agriculture, and the requests for proposals, awarding carbon sequestration benefits of con- grants, and administering grants under servation practices (7 U.S.C. 6711). any competitive agricultural research, (clxxix) Administer a program, in co- education, or extension grant program ordination with State veterinarians (7 U.S.C. 3319b). and other appropriate State animal (clxxiii) Administer a program of health professionals, to conduct re- competitive grants, establish edu- search, testing, and evaluation of pro- cation teams, and establish an online grams for the control and management clearinghouse of curricula and training of Johne’s disease in livestock (7 U.S.C. materials and programs, all for train- 7629). ing, education, outreach, and technical (clxxx) Administer a program of assistance initiatives for the benefit of grants to the Girl Scouts of the United beginning farmers and ranchers (7 States of America, the Boy Scouts of U.S.C. 3319f). America, the National 4–H Council, and (clxxiv) Administer agricultural re- the National FFA Organization to es- search, education, and extension ac- tablish pilot projects to expand the tivities (including through competitive programs carried out by the organiza- grants), using any authority available tions in rural areas and small towns (7 to the Secretary, to reduce the vulner- U.S.C. 7630).

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(clxxxi) Oversee implementation of substance, pollutant, or contaminant the termination of Federal schedule A into the environment; civil service appointments of State ag- (ii) Sections 104(e)–(h) of the Act (42 ricultural extension employees at land- U.S.C. 9604(e)–(h)), with respect to in- grant colleges and universities (section formation gathering and access re- 7220 of Pub. L. 107–171). quests and orders; compliance with (clxxxii) Administer a program of Federal health and safety standards grants to the Food and Agricultural and wage and labor standards applica- Policy Research Institute (section 10805 ble to covered work; and emergency of Pub. L. 107–171). procurement powers; (2) Related to committee management. (iii) Section 104(i)(11) of the Act (42 Establish or reestablish regional, state U.S.C. 9604(i)(11)), with respect to the and local advisory committees for the reduction of exposure to significant activities authorized. This authority risk to human health; may not be redelegated. (iv) Section 104(j) of the Act (42 (3) Related to defense and emergency U.S.C. 9604(j)), with respect to the ac- preparedness. Administer the respon- quisition of real property and interests sibilities and functions assigned under in real property required to conduct a the Defense Production Act of 1950, as remedial action; (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- (vii) Section 109 of the Act (42 U.S.C. ergy programs. 9609), with respect to the assessment of (4) Related to rural development ac- civil penalties for violations of section tivities. Provide guidance and direc- 122 of the Act (42 U.S.C. 9622), and the tion for the accomplishment of activi- granting of awards to individuals pro- ties authorized under Section V of the viding information; Rural Development Act of 1972, as (viii) Section 111(f) of the Act (42 amended (7 U.S.C. 2661 et seq.), for pro- U.S.C. 9611(f)), with respect to the des- grams under the control of the Under ignation of officials who may obligate Secretary for Research, Education, and money in the Hazardous Substances Economics, coordinating the policy as- Superfund; pects thereof with the Under Secretary (ix) Section 113(k) of the Act (42 for Rural Development. 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,

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including any settlement or consent tional Food and Human Nutrition Re- decree entered into; search Program under the National Ag- (xii) Section 119 of the Act (42 U.S.C. ricultural Research, Extension, and 9119), with respect to indemnifying re- Teaching Policy Act of 1977, as amend- sponse action contractors; ed. As used herein the term ‘‘research’’ (xiii) Section 121 of the Act (42 U.S.C. includes: 9621), with respect to cleanup stand- (A) Research on the nutrient com- ards; and position of foods and the effects of agri- (xiv) Section 122 of the Act (42 U.S.C. cultural practices, handling, food proc- 9622), with respect to settlements, but essing, and cooking on the nutrients excluding section 122(b)(1) of the Act they contain; (42 U.S.C. 9622(b)(1)), related to mixed (B) Surveillance of the nutritional funding agreements. benefits provided to participants in the (6) Related to compliance with environ- food programs administered by the De- mental laws. With respect to facilities partment; and and activities under his or her author- (C) Research on the factors affecting ity, to exercise the authority of the food preference and habits (7 U.S.C. Secretary of Agriculture pursuant to 3171–3175, 3177). section 1–102 related to compliance (ii) The authority in paragraph with applicable pollution control (a)(7)(i) of this section includes the au- standards and section 1–601 of Execu- thority to: tive Order 12088, 3 CFR, 1978 Comp., p. (A) Appraise the nutritive content of 243, to enter into an inter-agency the U.S. food supply; agreement with the United States En- (B) Develop and make available data vironmental Protection Agency, or an on the nutrient composition of foods administrative consent order or a con- needed by Federal, State, and local sent judgment in an appropriate State, agencies administering food and nutri- interstate, or local agency, containing tion programs, and the general public, a plan and schedule to achieve and to improve the nutritional quality of maintain compliance with applicable diets; pollution control standards established (C) Coordinate nutrition education pursuant to the following: research projects within the Depart- (i) Solid Waste Disposal Act, as ment; and amended by the Resource Conservation (D) Maintain data generated on food and Recovery Act, as further amended composition in a National Nutrient by the Hazardous and Solid Waste Data Bank. Amendments, and the Federal Facility (iii) Conduct, in cooperation with the Compliance Act (42 U.S.C. 6901 et seq.); Department of Health and Human (ii) Federal Water Pollution Preven- Services, the National Nutrition Moni- tion and Control Act, as amended (33 toring and Related Research Program. U.S.C. 1251 et seq.); 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

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and Related Research for the develop- state and national estimates (7 U.S.C. ment and coordination of a Ten-Year 476, 951, and 2204). Comprehensive Plan as required by (v) Take such security precautions as Pub. L. No. 101–445, 7 U.S.C. 5301 et seq. are necessary to prevent disclosure of (8) Related to economic research and crop or livestock report information statistical reporting. (i) Conduct eco- prior to the scheduled issuance time nomic research on matters of impor- approved in advance by the Secretary tance to cooperatives as authorized by of Agriculture and take such actions as the Agricultural Marketing Act of 1946 are necessary to avoid disclosure of (7 U.S.C. 1621–1627). confidential data or information sup- (ii) Conduct economic and social plied by any person, firm, partnership, science research and analyses relating corporation, or association (18 U.S.C. to: 1902, 1903, and 2072). (A) Food and agriculture situation (vi) Improve statistics in the Depart- and outlook; ment; maintain liaison with OMB and (B) The production, marketing, and other Federal agencies for coordination distribution of food and fiber products of statistical methods and techniques. (excluding forest and forest products), (vii) Investigate and make findings including studies of the performance of as to the effect upon the production of the food and agricultural sector of the food and upon the agricultural econ- economy in meeting needs and wants of omy of any proposed action pending be- consumers; fore the Administrator of the Environ- (C) Basic and long-range, worldwide, mental Protection Agency for presen- economic analyses and research on sup- tation in the public interest, before ply, demand, and trade in food and said Administrator, other agencies, or fiber products and the effects on the before the courts. U.S. food and agriculture system, in- (viii) Review economic data and anal- cluding general economic analyses of yses used in speeches by Department the international financial and mone- personnel and in materials prepared for tary aspects of agricultural affairs; release through the press, radio, and (D) Natural resources, including television. studies of the use and management of (ix) Coordinate all economic analysis land and water resources, the quality and review all decisions involving sub- of these resources, resource institu- stantial economic policy implications. tions, and watershed and river basin (x) Cooperate and work with national development problems; and and international institutions and (E) Rural people and communities, as other persons throughout the world in authorized by title II of the Agricul- the performance of agricultural re- tural Marketing Act of 1946, as amend- search and extension activities to pro- ed (7 U.S.C. 1621–1627), and the Act of mote and support the development of a June 29, 1935, as amended (7 U.S.C. 427). viable and sustainable global and agri- (iii) Perform economic and other so- cultural system. Such work may be cial science research under section carried out by: 104(b)(1) and (3) of the Agricultural (A) Exchanging research materials Trade Development and Assistance Act and results with the institutions or of 1954, as amended, with funds admin- persons; istered by the Foreign Agricultural (B) Engaging in joint or coordinated Service (7 U.S.C. 1704). 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 nation, 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;

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(D) Stationing representatives at and Nationality Act, as amended, 8 such institutions or organizations in U.S.C. 1182(e) and 22 CFR 514.44(c)). foreign countries; or (10) Related to hazardous materials (E) Entering into agreements with management. (i) Serve on the USDA land-grant colleges and universities, Hazardous Materials Policy Council. other organizations, institutions, or in- (ii) Recommend actions and policies dividuals with comparable goals, and that enable USDA agencies under his with the concurrence of the Foreign or her authority to comply with the in- Agricultural Service, USDA, inter- tent, purposes, and standards of envi- national organizations (limited to ronmental laws for pollution preven- agreements either involving no ex- tion, control, and abatement. change of funds or involving disburse- (iii) Consult with the United States ments by the agency to the coop- Environmental Protection Agency and erator), and then reporting these agree- other appropriate Federal agencies in ments to the Secretary of Agriculture developing pollution prevention, con- (7 U.S.C. 3291(a)). trol, and abatement policies and pro- (xi) Prepare for transmittal by the grams relating to agencies under his or Secretary to the President and both her authority. Houses of Congress, an analytical re- (iv) Serve as a USDA Environmental port under section 5 of the Agricultural Executive responsible for coordinating Foreign Investment Disclosure Act of waste prevention; recycling; and the 1978 (7 U.S.C. 3504) concerning the ef- procurement, acquisition, and use of fect on family farms and rural commu- recycled products and environmentally nities of holdings, acquisitions, and preferable products, including biobased transfers of U.S. agricultural land by products, and services pursuant to Ex- foreign persons. ecutive Order 13101 (dual assignment (xii) Enter into contracts, grants, or with the Assistant Secretary for Ad- cooperative agreements to further re- ministration). search and statistical reporting pro- (b) The following authorities are re- grams in the food and agricultural served to the Secretary of Agriculture: sciences (7 U.S.C. 3318). (1) Related to science and education. (i) (xiii) Enter into cost-reimbursable Withhold funds from States in accord- agreements relating to agricultural re- ance with section 1436 of the National search and statistical reporting (7 Agricultural Research, Extension, and U.S.C. 3319a). Teaching Policy Act of 1977, as amend- (xiv) Ensure that segregated data on ed (7 U.S.C. 3198). the production and marketing of or- (ii) Reapportion funds under section 4 ganic agricultural products is included and apportion funds under section 5 of in the ongoing baseline of data collection regarding agricultural production the Act of October 10, 1962 (16 U.S.C. and marketing (7 U.S.C. 5925c). 582a–3, 582a–5). (xv) Administer a program of manda- (iii) Appoint an advisory committee tory reporting for dairy products and under section 6 of the Act of October substantially identical products (7 10, 1962 (16 U.S.C. 582a–4). U.S.C. 1637a, 1637b). (iv) Final concurrence in Equal Em- (xvi) Include in each issuance of pro- ployment Opportunity Programs with- jections of net farm income an esti- in the cooperative extension programs mate of the net farm income earned by submitted under part 18 of this title. commercial producers in the United (v) Approve selection of State direc- States that will in addition show the tors of extension. estimate of net farm income attrib- (vi) Approve the memoranda of un- utable to commercial producers of live- derstanding between the land-grant stock, loan commodities, and agricul- universities and USDA related to coop- tural commodities other than loan erative extension programs. commodities (7 U.S.C. 7998). (2) Related to economic research and (9) Related to immigration. Serve as statistical reporting. (i) Final approval the designee of the Secretary pursuant and issuance of the monthly crop re- to section 212(e) of the Immigration port (7 U.S.C. 411a).

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(ii) Final action on rules and regula- (vi) Serve as the focal point for all tions for the Agricultural Statistics Department transportation matters in- Board. cluding development of policies and strategies. [60 FR 56393, Nov. 8, 1995, as amended at 62 (vii) Cooperate with other Depart- FR 65593, Dec. 15, 1997; 64 FR 40735, July 28, 1999; 65 FR 5414, Feb. 4, 2000; 65 FR 12428, Mar. mental agencies in the development 9, 2000; 65 FR 31245, May 17, 2000; 68 FR 27437, and recommendation of policies for in- May 20, 2003] 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. 1621–1627), including Act, as amended (7 U.S.C. 471–476), ex- payments to State Departments of Ag- cept as otherwise assigned; riculture in connection with coopera- (D) Naval Stores Act (7 U.S.C. 91–99); tive 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- 415d); (ii) Conduct marketing efficiency re- (G) Agricultural Marketing Agree- search and development activities di- ment Act of 1937, as amended (7 U.S.C. rectly applicable to the conduct of the 601, 602, 608a-608e, 610, 612, 614, 624, 671– Wholesale Market Development Pro- 674); gram, specifically: (H) Cotton Research and Promotion (A) Studies of facilities and methods Act (7 U.S.C. 2101–2118), except as dele- used in physical distribution of food gated to the Under Secretary for Farm and other farm products; and Foreign Agricultural Services in (B) Studies designed to improve han- § 2.16(a)(3)(x); dling of all agricultural products as (I) Export Apple and Pear Act (7 they are moved from farms to con- U.S.C. 581–590); sumers; and (J) Export Grape and Plum Act (7 (C) application of presently available U.S.C. 591–599); scientific knowledge to the solution of (K) Titles I, II, IV, and V of the Fed- practical problems encountered in the eral Seed Act, as amended (7 U.S.C. marketing of agricultural products (7 1551–1575, 1591–1611); U.S.C. 1621–1627). (L) Perishable Agricultural Commod- (iii) Exercise the functions of the ities Act (7 U.S.C. 499a-499s); Secretary of Agriculture relating to (M) Produce Agency Act (7 U.S.C. the transportation activities contained 491–497); in section 203(j) of the Agricultural (N) Tobacco Seed and Plant Expor- Marketing Act of 1946 (7 U.S.C. 1622(j)) tation Act (7 U.S.C. 516–517); as amended, but excepting matters oth- (O) Tobacco Statistics Act (7 U.S.C. erwise assigned. 501–508); (iv) Administer transportation ac- (P) Section 401(a) of the Organic Act tivities under section 201 of the Agri- of 1944 (7 U.S.C. 415e); cultural Adjustment Act of 1938 (7 (Q) Agricultural Fair Practices Act (7 U.S.C. 1291). U.S.C. 2301–2306); (v) Apply results of economic re- (R) Wheat Research and Promotion search and operations analysis to Act (7 U.S.C. 1292 note), except as dele- evaluate transportation issues and to gated to the Under Secretary for Farm recommend revisions of current proce- and Foreign Agricultural Services in dures. § 2.16(a)(3)(x);

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(S) Plant Variety Protection Act (7 practicable, use the commodity pro- U.S.C. 2321–2331, 2351–2357, 2371–2372, curement, handling, payment and re- 2401–2404, 2421–2427, 2441–2443, 2461–2463, lated services of the Farm Service 2481–2486, 2501–2504, 2531–2532, 2541–2545, Agency; 2561–2569, 2581–2583), except as delegated (DD) Act of May 23, 1980, regarding to the Judicial Officer; inspection of dairy products for export (T) Subtitle B of title I and section (21 U.S.C. 693); 301(4) of the Dairy and Tobacco Adjust- (EE) The Pork Promotion, Research ment Act of 1983 (7 U.S.C. 4501–4513, and Consumer Information Act of 1985 4514(4)), except as delegated to the (7 U.S.C. 4801–4819), except as delegated Under Secretary for Farm and Foreign to the Under Secretary for Farm and Agricultural Services in § 2.16(a)(3)(x); Foreign Agricultural Services in (U) Potato Research and Promotion § 2.16(a)(3)(x); Act (7 U.S.C. 2611–2627), except as dele- (FF) The Watermelon Research and gated to the Under Secretary for Farm Promotion Act (7 U.S.C. 4901–4916), ex- and Foreign Agricultural Services in cept as delegated to the Under Sec- § 2.16(a)(3)(x); retary for Farm and Foreign Agricul- (V) [Reserved] tural Services in § 2.16(a)(3)(x); (W) Egg Research and Consumer In- (GG) The Honey Research, Pro- formation Act (7 U.S.C. 2701–2718), ex- motion, and Consumer Information Act cept as delegated to the Under Sec- (7 U.S.C. 4601–4612), except as delegated retary for Farm and Foreign Agricul- to the Under Secretary for Farm and tural Services in § 2.16(a)(3)(x); Foreign Agricultural Services in (X) Beef Research and Information § 2.16(a)(3)(x); Act, as amended (7 U.S.C. 2901–2918), ex- (HH) Subtitles B and C of the Dairy cept as delegated to the Under Sec- Production Stabilization Act of 1983, as retary for Farm and Foreign Agricul- amended (7 U.S.C. 4501–4513, 4531–4538); tural Services in §§ 2.16(a)(1)(xiv) and (a)(3)(x); (II) The Floral Research and Con- (Y) Wheat and Wheat Foods Research sumer Information Act (7 U.S.C. 4301– and Nutrition Education Act (7 U.S.C. 4319), except as delegated to the Under 3401–3417), except as delegated to the Secretary for Farm and Foreign Agri- Under Secretary for Farm and Foreign cultural Services in § 2.16(a)(3)(x); Agricultural Services in (JJ) Section 213 of the Tobacco Ad- § 2.16(a)(3)(x); justment Act of 1983, as amended (7 (Z) Egg Products Inspection Act re- U.S.C. 511r); lating to the Shell Egg Surveillance (KK) National Laboratory Accredita- Program, voluntary laboratory anal- tion Program (7 U.S.C. 138–138i) with yses of egg products, and the Vol- respect to laboratories accredited for untary Egg Grading Program (21 U.S.C. pesticide residue analysis in fruits and 1031–1056); vegetables and other agricultural com- (AA) Section 32 of the Act of August modities, except those laboratories 24, 1935 (7 U.S.C. 612c), as supplemented analyzing only meat and poultry prod- by the Act of June 28, 1937 (15 U.S.C. ucts; 713c), and related legislation, except (LL) Pecan Promotion and Research functions which are otherwise assigned Act of 1990 (7 U.S.C. 6001–6013), except relating to the domestic distribution as delegated to the Under Secretary for and donation of agricultural commod- Farm and Foreign Agricultural Serv- ities and products thereof following the ices in § 2.16(a)(3)(x); procurement thereof; (MM) Mushroom Promotion, Re- (BB) Procurement of agricultural search, and Consumer Information Act commodities and other foods under sec- of 1990 (7 U.S.C. 6101–6112), except as tion 6 of the National School Lunch delegated to the Under Secretary for Act of 1946, as amended (42 U.S.C. 1755); Farm and Foreign Agricultural Serv- (CC) In carrying out the procurement ices in § 2.16(a)(3)(x); functions in paragraphs (a)(1)(viii)(AA) (NN) Lime Research, Promotion, Re- and (BB) of this section, the Assistant search, and Consumer Information Act Secretary for Marketing and Regu- of 1990 (7 U.S.C. 6201–6212), except as latory Programs shall, to the extent delegated to the Under Secretary for

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Farm and Foreign Agricultural Serv- retary for Farm and Foreign Agricul- ices in § 2.16(a)(3)(x); tural Services in § 2.16(a)(3)(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 Farm and For- cept as delegated to the Under Sec- eign Agricultural Services in retary for Farm and Foreign Agricul- § 2.16(a)(3)(x); tural Services in § 2.16(a)(3)(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 Farm (7 U.S.C. 7481–7491), except as delegated and Foreign Agricultural Services in to the Under Secretary for Farm and § 2.16(a)(3)(x); Foreign Agricultural Services in (QQ) Producer Research and Pro- § 2.16(a)(3)(x). motion Board Accountability (104 Stat. (CCC) Farmers’ Market Promotion 3927); Program (7 U.S.C. 2005). (RR) Consistency with International (DDD) National Organic Certification Obligations of the United States (7 Cost-Share Program (7 U.S.C. 6523). U.S.C. 2278); (EEE) Exemption of Certified Or- (SS) Organic Foods Production Act of ganic Products from Assessment (7 1990 (7 U.S.C. 6501–6522), provided that U.S.C. 7401). the Administrator, Agricultural Mar- 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 (ix) Furnish, on request, copies of the Administrator, Agricultural Mar- programs, pamphlets, reports, or other keting Service, will enter into agree- publications for missions or programs ments, as necessary, with other Fed- as may otherwise be delegated or as- eral agencies; signed to the Assistant Secretary for (UU) The International Carriage of Marketing and Regulatory Programs, Perishable Foodstuffs Act (7 U.S.C. and charge user fees therefor, as au- 4401–4406); thorized by section 1121 of the Agri- (VV) The Sheep Promotion, Re- culture and Food Act of 1981, as amend- search, and Information Act (7 U.S.C. ed by section 1769 of the Food Security 7101–7111), except as delegated to the Act of 1985, 7 U.S.C. 2242a. Under Secretary for Farm and Foreign (x) Collect, summarize, and publish Agricultural Services in § 2.16(a)(3)(x); data on the production, distribution, and and stocks of sugar. (WW) The Fresh Cut Flowers and (2) Related to animal and plant health Fresh Cut Greens Promotion and Con- inspection. Exercise the functions of the sumer Information Act (7 U.S.C. 6801– Secretary of Agriculture under the fol- 6814), except as delegated to the Under lowing authorities: Secretary for Farm and Foreign Agri- (i) Administer the Foreign Service cultural Services in § 2.16(a)(3)(x). personnel system for employees of the (XX) Commodity Promotion and Animal and Plant Health Inspection Evaluation (7 U.S.C. 7401); Service in accordance with 22 U.S.C. (YY) The Commodity Promotion, Re- 3922, except that this delegation does search, and Information Act of 1996 (7 not include the authority to represent U.S.C. 7411–7425), except as delegated to the Department of Agriculture in the Under Secretary for Farm and For- interagency consultations and negotia- eign Agricultural Services in tions with other foreign affairs agen- § 2.16(a)(3)(x); cies regarding joint regulations, nor (ZZ) The Canola and Rapeseed Re- the authority to approve joint regula- search, Promotion, and Consumer In- tions issued by the Department of formation Act (7 U.S.C. 7441–7452), ex- State relating to administration of the cept as delegated to the Under Sec- Foreign Service;

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(ii) The Terminal Inspection Act, as (xxi) Title III (and title IV to the ex- amended (7 U.S.C. 166); tent that it relates to activities under (iii) The Honeybee Act, as amended (7 title III,) of the Federal Seed Act, as U.S.C. 281–286); amended (7 U.S.C. 1581–1610); (iv) Section 18 of the Federal Meat (xxii) Authority to prescribe the Inspection Act, as amended, as it per- amounts of commuted traveltime al- tains to the issuance of certificates of lowances and the circumstances under condition of live animals intended and which such allowances may be paid to offered for export (21 U.S.C. 618); employees covered by the Act of Au- (v) The responsibilities of the United gust 28, 1950 (7 U.S.C. 2260); States under the International Plant (xxiii) The Act of March 2, 1931 (7 Protection Convention; U.S.C. 426–426b); (vi) (Laboratory) Animal Welfare (xxiv) The Act of December 22, 1987 (7 Act, as amended (7 U.S.C. 2131–2159); U.S.C. 426c); (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. 3291(a)(3)); (xi) Virus-Serum-Toxin Act (21 U.S.C. (xxvi) Authority to prescribe and col- 151–159). lect fees under the Act of August 31, (xii) Conduct diagnostic and related 1951, as amended (31 U.S.C. 9701), and activities necessary to prevent, detect, sections 2508 and 2509 of the Food, Agri- control or eradicate foot-and-mouth culture, Conservation, and Trade Act disease and other foreign animal dis- of 1990 (21 U.S.C. 136, 136a), as amended; eases (21 U.S.C. 113a); (xxvii) The provisions of 35 U.S.C. 156; (xiii) The Agricultural Marketing (xviii) Enter into cooperative re- Act of 1946, sections 203, 205, as amend- search and development agreements ed (7 U.S.C. 1622, 1624), with respect to with industry, universities, and others; voluntary inspection and certification institute a cash award program to re- of animal products; inspection, testing, ward scientific, engineering, and tech- treatment, and certification of ani- nical personnel; award royalties to in- mals; and a program to investigate and ventors; and retain and use royalty in- develop solutions to the problems re- come (15 U.S.C. 3710a–3710c); and sulting from the use of sulfonamides in (xxix) The Alien Species Prevention swine; and Enforcement Act of 1992 (39 U.S.C. (xiv) Talmadge Aiken Act (7 U.S.C. 3015 note). 450) with respect to cooperation with (xxxx) Sections 901–905 of the Federal States in control and eradication of Agriculture Improvement and Reform plant and animal diseases and pests; Act of 1996 (7 U.S.C. 1901 note). (xv) The Federal Noxious Weed Act of (xxxi) Plant Protection Act (Title IV, 1974, as amended (7 U.S.C. 2801 note; Pub. L. 106–224, 114 Stat. 438, 7 U.S.C. 2814). 7701–7772). (xvi) The Endangered Species Act of (xxxii) Animal Health Protection Act 1973 (16 U.S.C. 1531–1544); (7 U.S.C. 8301–8317). (xvii) Executive Order 11987, 3 CFR, (xxxiii) Section 10504 of the Farm Se- 1977 Comp., p. 116; curity and Rural Investment Act of (xviii) Section 101(d), Organic Act of 2002 (7 U.S.C. 8318). 1944 (7 U.S.C. 430); (xxxiv) Title V of the Agricultural (xix) The Swine Health Protection Risk Protection Act of 2000 (7 U.S.C. Act, as amended (7 U.S.C. 3801–3813); 2279e and 2279f). (xx) Lacey Act Amendments of 1981, (xxxv) The responsibilities of the as amended (16 U.S.C. 3371–3378); United States related to activities of

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the Office of International des private organizations. Provided, that Epizooties. with respect to biotechnology matters (3) Related to grain inspection, packers affecting egg products, the Assistant and stockyards. (i) Exercise the author- Secretary shall consult and coordinate ity of the Secretary of Agriculture con- activities of Department agencies with tained in the U.S. Grain Standards Act, the Under Secretary for Food Safety. as amended (7 U.S.C. 71–87h). (7) Related to environmental response. (ii) Exercise the functions of the Sec- With respect to land and facilities retary of Agriculture contained in the under his or her authority, exercise the Agricultural Marketing Act of 1946, as functions delegated to the Secretary by amended (7 U.S.C. 1621–1627), relating Executive Order 12580, 3 CFR, 1987 to inspection and standardization ac- Comp., p. 193, under the following pro- tivities relating to grain. visions of the Comprehensive Environ- (iii) Administer the Packers and mental Response, Compensation, and Stockyards Act, as amended and sup- Liability Act of 1980 (‘‘the Act’’), as plemented (7 U.S.C. 181–229). amended: (iv) Enforce provisions of the Con- (i) Sections 104(a), (b), and (c)(4) of sumer Credit Protection Act (15 U.S.C. the Act (42 U.S.C. 9604(a), (b), and 1601–1655, 1681–1681t) with respect to (c)(4)), with respect to removal and re- any activities subject to the Packers medial actions in the event of release and Stockyards Act, 1921, as amended or threatened release of a hazardous and supplemented. substance, pollutant, or contaminant (v) Exercise the functions of the Sec- into the environment; retary of Agriculture contained in sec- (ii) Sections 104(e)–(h) of the Act (42 tion 1324 of the Food Security Act of U.S.C. 9604(e)–(h)), with respect to in- 1985 (7 U.S.C. 1631). formation gathering and access re- (4) Related to committee management. quests and orders; compliance with Establish and reestablish regional, Federal health and safety standards State, and local advisory committees and wage and labor standards applica- for activities under his or her authority. This authority may not be redele- ble to covered work; and emergency gated. procurement powers; (5) Related to defense and emergency (iii) Section 104(i)(11) of the Act (42 preparedness. (i) Administer respon- U.S.C. 9604(i)(11)), with respect to the sibilities and functions assigned under reduction of exposure to significant the Defense Production Act of 1950, as risk to human health; amended (50 U.S.C. App. 2061 et seq.), (iv) Section 104(j) of the Act (42 and title VI of the Robert T. Stafford U.S.C. 9604(j)), with respect to the ac- Disaster Relief and Emergency Assist- quisition of real property and interests ance Act (42 U.S.C. 5195 et seq.), con- in real property required to conduct a cerning protection of livestock, poul- remedial action; try and crops and products thereof (v) The first two sentences of section from biological and chemical warfare; 105(d) of the Act (42 U.S.C. 9605(d)), and utilization or disposal of livestock with respect to petitions for prelimi- and poultry exposed to radiation. nary assessment of a release or threat- (ii) Title II, Subtitles B and C, of the ened release; Public Health Security and Bioter- (vi) Section 105(f) of the Act (42 rorism Preparedness and Response Act U.S.C. 9605(f)), with respect to consider- of 2002 (7 U.S.C. 8401 note, 8401, 8411). ation of the availability of qualified (6) Related to biotechnology. Coordi- minority firms in awarding contracts, nate the development and carrying out but excluding that portion of section by Department agencies of all matters 105(f) pertaining to the annual report and functions pertaining to the Depart- to Congress; ment’s regulation of biotechnology, (vii) Section 109 of the Act (42 U.S.C. and act as liaison on all matters and 9609), with respect to the assessment of functions pertaining to the regulation civil penalties for violations of section of biotechnology between agencies 122 of the Act (42 U.S.C. 9622), and the within the Department and between granting of awards to individuals pro- the Department and governmental and viding information;

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(viii) Section 111(f) of the Act (42 Amendments, and the Federal Facility U.S.C. 9611(f)), with respect to the des- Compliance Act (42 U.S.C. 6901 et seq.); ignation of officials who may obligate (ii) Federal Water Pollution Preven- money in the Hazardous Substances tion and Control Act, as amended (33 Superfund; U.S.C. 1251 et seq.); (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.). medial action or enforcement action, (9) Related to the Capper-Volstead Act. including any settlement or consent Serve as a member of the Capper-Vol- decree entered into; stead Act Committee to identify cases (xii) Section 119 of the Act (42 U.S.C. of undue price enhancement by associa- 9119), with respect to indemnifying re- tions of producers and issue complaints sponse action contractors; requiring such associations to show (xiii) Section 121 of the Act (42 U.S.C. cause why an order should not be made 9621), with respect to cleanup stand- directing them to cease and desist from ards; and monopolization or restraint of trade (7 (xiv) Section 122 of the Act (42 U.S.C. U.S.C. 292). 9622), with respect to settlements, but (10) Related to hazardous materials excluding section 122(b)(1) of the Act management. (i) Serve on the USDA (42 U.S.C. 9622(b)(1)), related to mixed Hazardous Materials Policy Council. funding agreements. (ii) Recommend actions and policies (8) Related to compliance with environ- that enable USDA agencies under his mental laws. With respect to facilities or her authority to comply with the in- and activities under his or her author- tent, purposes, and standards of envi- ity, to exercise the authority of the ronmental laws for pollution preven- Secretary of Agriculture pursuant to tion, control, and abatement. section 1–102 related to compliance (iii) Consult with the United States with applicable pollution control Environmental Protection Agency and standards and section 1–601 of Execu- other appropriate Federal agencies in tive Order 12088, 3 CFR, 1978 Comp., p. developing pollution prevention, con- 243, to enter into an inter-agency trol, and abatement policies and pro- agreement with the United States En- grams relating to agencies under his or vironmental Protection Agency, or an her authority. administrative consent order or a con- (b) The following authorities are resent judgment in an appropriate State, served to the Secretary of Agriculture: interstate, or local agency, containing (1) Relating to agricultural mar- a plan and schedule to achieve and keting. maintain compliance with applicable (i) Promulgation, with the Secretary pollution control standards established of the Treasury of joint regulations pursuant to the following: under section 402(b) of the Federal Seed (i) Solid Waste Disposal Act, as Act, as amended (7 U.S.C. 1592(b)). amended by the Resource Conservation (ii) Appoint members of the National and Recovery Act, as further amended Dairy Promotion and Research Board by the Hazardous and Solid Waste established by section 113(b) of the

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Dairy and Tobacco Adjustment Act of Consumer Information Act (7 U.S.C. 1983 (7 U.S.C. 4504(b)). 7464(c)); (iii) Appoint members of the Na- (xv) Appoint members of Popcorn tional Processor Advertising and Pro- Board established by section 575(b)(1) of motion Board established by section the Popcorn Promotion, Research, and 1999H(b)(4) of the Fluid Milk Pro- Consumer Information Act (7 U.S.C. motion Act of 1990 (7 U.S.C. 6407(b)). 7484(b)); (iv) Appoint members of the Cotton (xvi) Appoint members of the Wheat Board established by section 7(a) of the Industry Council established by section Cotton Research and Promotion Act, 1706(a) of the Wheat and Wheat Foods as amended (7 U.S.C. 2106(a)); Research and Nutrition Education Act (v) Appoint members of the Egg Board established by section 8(a) of the (7 U.S.C. 3405(a)); Egg Research and Consumer Informa- (xvii) Appoint members of the Cattle- tion Act (7 U.S.C. 2707(a)); men’s Beef Promotion and Research (vi) Appoint members of the Board established by section 5(1) of the Floraboard established by section Beef Research and Information Act as 1707(1) of the Floral Research and Con- amended (7 U.S.C. 2904(1)); sumer Information Act (7 U.S.C. (xviii) Appoint members of the Na- 4306(1)); tional Pork Board established by sec- (vii) Appoint members of the Honey tion 1619(a)(1) of the Pork Promotion, Board established by section 7(c)(1) of Research, and Consumer Information the Honey Research, Promotion, and Act of 1985 (7 U.S.C. 4808(a)); Consumer Information Act, as amended (xix) Appoint members of the United (7 U.S.C. 4606(c)); Soybean Board established by section (viii) Appoint members of the Lime 1969(b)(1) of the Soybean Promotion, Board established by section 1955(b)(2) Research, and Consumer Information of the Lime Research, Promotion, and Act (7 U.S.C. 6304(b)); Consumer Information Act of 1990 (7 (xx) Appoint members of the Na- U.S.C. 6204(b)); tional Sheep Promotion, Research, and (ix) Appoint members of the Mush- Information Board established by sec- room Council established by section 1925(b)(1)(B) of the Mushroom Pro- tion 5(b) of the Sheep Promotion, Re- motion, Research, and Consumer Infor- search, and Information Act (7 U.S.C. mation Act of 1990 (7 U.S.C. 6104(b)); 7104(b)(1); (x) Appoint members of the Pecan (xxi) Appoint members of the Na- Marketing Board established by sec- tional Canola and Rapeseed Board es- tion 1910(b)(8)(E) of the Pecan Pro- tablished by section 535(b)(1) of the motion and Research Act of 1990 (7 Canola and Rapeseed Research, Pro- U.S.C. 6005(b)); motion, and Consumer Information Act (xi) Appoint members of the National (7 U.S.C. 7444(b)); Potato Promotion Board established by (xxii) Appoint members of boards es- section 308(a)(4) of the Potato Research tablished by section 515(b)(2)(A) of the and Promotion Act as amended (7 Commodity Promotion, Research, and U.S.C. 2617(a)); Information Act of 1996 (7 U.S.C. (xii) Appoint members of the Na- 7414(b)). tional Watermelon Promotion Board (2) Related to animal and plant health established by section 1647(c) of the inspection. (i) Determination that an Watermelon Research and Promotion emergency or extraordinary emergency Act (7 U.S.C. 4906(c)); exists under the Animal Health Protec- (xiii) Appoint members of the tion Act (7 U.S.C. 8306, 8316). PromoFlor Council established by section 5(b) of the Fresh Cut Flowers and (ii) Determination that an emergency Fresh Cut Greens Act of 1993 (7 U.S.C. or extraordinary emergency exists 6804(b)); under the Plant Protection Act (7 (xiv) Appoint members of the Na- U.S.C. 7715, 7772). tional Kiwifruit Board established by (iii) Approval of requests for appor- section 555(c)(1) of the National tionment of reserves for the control of Kiwifruit Research, Promotion, and outbreaks of insects, plant diseases,

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and animal diseases to the extent nec- (I) U.S. Conference of Mayors; and essary to meet emergency conditions (J) Such other State and Federal (31 U.S.C. 1512). agencies, departments and organiza- [60 FR 56393, Nov. 8, 1995, as amended at 61 tions as are necessary in carrying out FR 25776, May 23, 1996; 61 FR 68541, Dec. 30, the responsibilities of this office. 1996; 62 FR 40254, July 28, 1997; 65 FR 12428, (ii) Maintain oversight of the activi- Mar. 9, 2000; 65 FR 49471, Aug. 14, 2000; 68 FR ties of USDA representatives to the 10 27439, May 20, 2003; 70 FR 55706, Sept. 23, 2005] Federal Regional councils. EDITORIAL NOTE: At 70 FR 55706, Sept. 23, (iii) Serve as the USDA contact with 2005, the Department of Agriculture pub- the Advisory Commission on Intergov- lished a document in the Federal Register, ernmental Relations for implementa- attempting to amend § 2.22, by revising para- tion of OMB Circular A–85 to provide graph (a)(2)(xxxi). However, because of inac- advance notification to state and local curate amendatory language, this amendment could not be incorporated. For the con- governments of proposed changes in venience of the user, the language at 70 FR Department programs that affect such 55706 is set forth as follows: governments. (iv) Act as the department represent- § 2.22 Under Secretary for Marketing and ative for Federal executive board mat- Regulatory Programs. ters. (a) * * * (2) * * * (v) Serve as the official with the principal responsibility for the implementation of Executive Order 13175, includ- * * * * * ing consultation and collaboration (xxxii) Plant Protection Act, as amended (7 with tribal officials, and coordinate the U.S.C. 7701–7786). Department’s programs involving assistance to American Indians and Alas- * * * * * ka Natives. (b) [Reserved] § 2.23 Assistant Secretary for Congres- sional Relations. [60 FR 56393, Nov. 8, 1995, as amended at 68 (a) The following delegations of au- FR 27439, May 20, 2003; 69 FR 34252, June 21, 2004] thority are made by the Secretary of Agriculture to the Assistant Secretary § 2.24 Assistant Secretary for Adminis- for Congressional Relations: tration. (1) Related to congressional affairs. (i) Exercise responsibility for coordina- (a) The following delegations of au- tion of all congressional matters in the thority are made by the Secretary of Department. Agriculture to the Assistant Secretary (ii) Maintain liaison with the Con- for Administration: gress and the White House on legisla- (1) Related to administrative law judges. tive Matters of concern to the Depart- (i) Assign, after appropriate consulta- ment. tion with other general officers, to the (2) Related to intergovernmental affairs. Office of Administrative Law Judges (i) Coordinate all programs involving proceedings not subject to 5 U.S.C. 556 intergovernmental affairs including and 557, involving the holdings of hear- State and local government relations ings and performance of related duties and liaison with: pursuant to the applicable rules of (A) National Association of State De- practice, when the Assistant Secretary partments of Agriculture; for Administration determines that be- (B) Office of Intergovernmental Rela- cause of the nature of the proceeding it tions (Office of Vice President); would be desirable for the proceeding (C) Advisory Commission on Inter- to be presided over by an Administra- governmental Relations; tive Law Judge and that such duties (D) Council of State Governments; and responsibilities would not be in- (E) National Governors Conference; consistent with those of an Adminis- (F) National Association of Counties; trative Law Judge. (G) National League of Cities; (ii) Provide administrative supervis- (H) International City Managers As- ion of the Office of Administrative Law sociation; Judges.

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(iii) Maintain overall responsibility (2) Arranging for stenographic re- and control over the Hearing Clerk’s porting of hearings and handling de- activities which include the custody of tails in connection therewith. and responsibility for the control, (2) Related to small and disadvantaged maintenance, and servicing of the business utilization. (i) In compliance original and permanent records of all with Public Law 95–507, the Assistant USDA administrative proceedings con- Secretary for Administration is des- ducted under the provisions of 5 U.S.C ignated as the Department’s Director 556 and 557: for Small and Disadvantaged Business (A) Receiving, filing and acknowl- Utilization. The Director of Small and edging the receipt of complaints, peti- Disadvantaged Business Utilization has tions, answers, briefs, arguments, and specific responsibilities under the all other documents that may be sub- Small Business Act, 15 U.S.C. 644(k). mitted to the Secretary or the Depart- These duties include being responsible ment of Agriculture in such pro- for the following: ceedings; (A) Administering the Department’s small and disadvantaged business ac- (B) Receiving and filing complaints, tivities related to procurement con- notices of inquiry, orders to show tracts, minority bank deposits, and cause, notices of hearing, designations grants and loan activities affecting of Administrative Law Judges or pre- small and minority businesses includ- siding officers, answers, briefs, argu- ing women-owned business, and the ments, orders, and all other documents small business, small minority busi- that may be promulgated or issued by ness and small women-owned business the Secretary or other duly authorized subcontracting programs; officials of the Department of Agri- (B) Providing Departmentwide liai- culture in such proceedings; son and coordination of activities re- (C) Supervising the service upon the lated to small, small disadvantaged, parties concerned of any documents and women-owned businesses with the that are required to be served, and Small Business Administration and where required, preserving proof of others in public and private sector; service; (C) Developing policies and proce- (D) Keeping a docket record of all dures required by the applicable provi- such documents and proceedings; sion of the Small Business Act, as (E) Filing a stenographic record of amended to include the establishment each administrative hearing; of goals; and (F) Preparing for certification and (D) Implementing and administering certifying under the Secretary’s fac- programs described under sections 8 simile signature, material on file in and 15 of the Small Business Act, as the Hearing Clerk’s office; amended (15 U.S.C. 637 and 644). (G) Performing any other clerical du- (3) [Reserved] ties with respect to the documents rel- (4) [Reserved] ative to such proceedings as may be re- (5) Related to operations. (i) Provide quired to be performed; services for Department headquarters in the Washington, DC metropolitan (H) Cooperating with the Office of area and at emergency relocation sites Operations in the letting of contracts and certain critical facilities specified for stenographic and reporting serv- by the Assistant Secretary for Admin- ices; and forwarding vouchers to appro- istration in the following areas: priate agencies for payment; (A) Acquiring, leasing, utilizing, con- (I) Receiving and compiling data, structing, maintaining, and disposing views or comments filed in response to of real and personal property, including notices of proposed standards or rules control of space assignments; or regulations; and (B) Acquiring, storing, distributing, (J) Performing upon request the fol- and disposing of forms; lowing services with respect to any (C) Mail management and all related hearings in such proceedings: functions; and (1) Arranging for suitable hearing (D) Occupational health services and place; and related functions.

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(ii) Operating centralized Depart- tions, and other appropriate rules and mental services to provide printing, regulations. copy reproducing, offset composing, (v) Exercise final authority in all supplies, mail, automated mailing human resources matters, including in- lists, excess property pool, resource re- dividual cases, that involve the juris- covery, shipping and receiving, forms, diction of more than one General Offi- labor services, issuing of general em- cer or agency head. ployee identification cards, supple- (vi) Receive, review, and recommend mental distributing of Department di- action on all requests for the Sec- rectives, space allocating and manage- retary’s approval in human resources ment, and related management sup- matters. port. (vii) Authorize and make final deci- (iii) Providing property management, space management, messenger, and sions on adverse actions, except in other related services with authority those cases where the Assistant Sec- to take actions required by law or reg- retary for Administration has partici- ulation to perform such services for: pated. (A) The Secretary of Agriculture; (viii) Represent the Department in (B) The general officers of the De- human resources matters in all con- partment; tacts outside the Department. (C) The offices reporting to the As- (ix) Exercise specific authorities in sistant Secretary for Administration; the following operational matters: (D) Any other offices or agencies of (A) Waive repayment of training ex- the Department as may be agreed; and penses where an employee fails to ful- (E) Other federal, state, or local gov- fill service agreement; ernment organizations on a cost recov- (B) Establish or change standards ery basis. and plans for awards to private citi- (iv) Represent the Department in zens; and contacts with other organizations or (C) Execute, change, extend, or agencies on matters related to assigned renew: responsibilities. (1) Labor-Management Agreements; (v) Promulgate Departmental regula- and tions, standards, techniques, and proce- (2) Associations of Management Offi- dures and represent the Department in cials’ or Supervisors’ Agreements. maintaining the security of physical (D) Represent any part of the Depart- facilities, self-protection, and warden ment in all contacts and proceedings services, in the Washington, D.C. met- with the National Offices of Labor Or- ropolitan area. ganizations; (vi) Provide internal administrative (E) Change a position (with no mate- management and support services for rial change in duties) from one pay sys- the defense program of the Depart- tem to another; ment. (F) Grant restoration rights, and re- (6) Related to human resources manage- lease employees with administrative ment. (i) Formulate and issue Depart- ment policy, standards, rules, and reg- reemployment rights; ulations relating to human resources (G) Authorize any mass dismissals of management. employees in the Washington, D.C., (ii) Provide human resources man- metropolitan area; agement procedural guidance and oper- (H) Approve ‘‘normal line of pro- ational instructions. motion’’ cases in the excepted service (iii) Set standards for human re- where not in accordance with time-in- sources data systems. grade criteria; (iv) Inspect and evaluate human re- (I) Make the final decision on all sources management operations and classification appeals filed with the De- issue instructions or take direct action partment of Agriculture; to insure conformity with appropriate (J) Authorize all employment actions laws, Executive Orders, Office of Per- (except nondisciplinary separations sonnel Management rules and regula- and LWOP) and classification actions

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for senior level and equivalent posi- (xi) Provide human resources serv- tions including Senior Executive Serv- ices, as listed in paragraph (a)(6)(x) of ice positions and special authority pro- this section, and organizational sup- fessional and scientific positions report services, with authority to take sponsible for carrying out research and actions required by law or regulation development functions; to perform such services for: (K) Authorize all employment ac- (A) The Secretary of Agriculture; tions (except LWOP) for the following (B) The general officers of the De- positions: partment; (1) Schedule C; (C) The offices and agencies reporting (2) Non-career Senior Executive Serv- to the Assistant Secretary for Admin- ice or equivalent; and istration; and (3) Administrative Law Judge. (D) Any other offices or agencies of (L) Authorize and make final deci- the Department as may be agreed. sions on adverse actions for positions (xii) Maintain, review, and update in GS–1–15 or equivalent; Departmental delegations of authority. (M) Authorize and make final deci- (xiii) Authorize organizational sions on adverse actions for positions changes which occur in: in the career Senior Executive Service (A) Departmental organizations: or equivalent; (1) Agency or office; (N) Approve the details of Depart- ment employees to the White House; (2) Division (or comparable compo- (O) Authorize adverse actions based nent); and in whole or in part on an allegation of (3) Branch (or comparable component violation of 5 U.S.C. chapter 73, sub- in Departmental centers, only). chapter III, for employees in the ex- (B) Field organizations: cepted service; (1) First organizational level; and (P) Authorize long-term training in (2) Next lower organizational level- programs which require Department- required only for those types of field wide competition; installations where the establishment, (Q) Initiate and take adverse action change in location, or abolition of in cases involving a violation of the same, requires approval in accordance merit system. with Departmental internal direction. (x) As used in this section, the term (xiv) Formulate and promulgate de- human resources includes: partmental organizational objectives (A) Position management; and policies. (B) Position classification; (xv) Approve coverage of individual (C) Employment; law enforcement and firefighter posi- (D) Pay administration; tions under the special retirement pro- (E) Automation of human resources visions of the Civil Service Retirement data and systems; System and the Federal Employees Re- (F) Hours of duty; tirement System. (G) Performance management; (xvi) Establish Departmentwide safe- (H) Promotions; ty and health policy and provide lead- (I) Employee development; ership in the development, coordina- (J) Incentive Programs; tion, and implementation of related (K) Leave; standards, techniques, and procedures, (L) Retirement; and represent the Department in com- (M) Human resource program man- plying with laws, Executive Orders and agement evaluations; other policy and procedural issuances (N) Social security; related to occupational safety and (O) Life insurance; health within the Department. (P) Health benefits; (xvii) Represent the Department in (Q) Unemployment compensation; all rulemaking, advisory, or legislative (R) Labor management relations; capacities on any groups, committees, (S) Intramanagement consultation; or Governmentwide activities that af- (T) [Reserved] fect the Department’s Occupational (U) Discipline; and Safety and Health Management Pro- (V) Appeals. gram.

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(xviii) Determine and provide Depart- sonal property, including control of mentwide technical services and re- space assignments; gional staff support for the safety and (E) Motor vehicle and aircraft fleet health programs. and other vehicular transportation; (xix) Administer the computerized (F) Transportation of things (traffic management information systems for management); the collection, processing and dissemi- (G) Prevention, control, and abate- nation of data related to the Depart- ment of pollution with respect to Fed- ment’s occupational safety and health eral facilities and activities under the programs. control of the Department (Executive (xx) Administer the administrative Order 12088, 3 CFR, 1978 Comp., p. 243); appeals process related to the inclusion (H) Implementation of the Uniform of positions in the Testing Designated Relocation Assistance and Real Prop- Position listing in the Department’s erty Policies Act of 1970 (42 U.S.C. 4601, Drug-Free Workplace Program and des- et seq.); and ignate the final appeal officer for that (I) Development and implementation Program. of energy management and environ- (xxi) Administer the Department’s mental actions related to acquisition Occupational Health and Preventive and procurement, real and personal Medical Program, as well as design and property management, waste preven- operate employee assistance and work- tion and resource recycling, and logis- ers’ compensation activities. tics. Maintain liaison with the Office of (xxii) Provide education and training the Federal Environmental Executive, on a Departmentwide basis for safety the Department of Energy, and other and health-related issues and develop Government agencies in these matters. resource and operational manuals. (ii) Exercise the following special au- (xxiii) Oversee and manage the De- thorities: partment’s administrative grievance (A) Designate the Departmental De- program. barring Officer to perform the func- (xxiv) Make final decisions in those tions of 48 CFR part 9, subpart 9.4 re- cases where an agency head has ap- lated to procurement activities, except pealed the recommended decision of a for commodity acquisitions on behalf grievance examiner. of the Commodity Credit Corporation (xxv) Formulate and issue Depart- (7 CFR part 1407); with authority to re- ment policy, standards, rules, and reg- delegate suspension and debarment au- ulations relating to the Senior Sci- thority for contracts awarded under entific Research Service (7 U.S.C. 7657). the School Lunch and Surplus Removal (xxvi) Redelegate, as appropriate, Programs (42 U.S.C. 1755 and 7 U.S.C. any authority delegated under para- 612c); graph (a)(6) to general officers of the (B) Conduct liaison with the Office of Department and heads of Departmental Federal Register (1 CFR part 16) in- agencies. cluding the making of required certifi- (7) Related to procurement and property cations pursuant to 1 CFR part 18; management. (i) Promulgate policies, (C) Maintain custody and permit ap- standards, techniques, and procedures, propriate use of the official seal of the and represent the Department, in the Department; following: (D) Establish policy for the use of the (A) Acquisition, including, but not official flags of the Secretary and the limited to, the procurement of sup- Department; plies, services, equipment, and con- (E) Coordinate collection and disposi- struction; tion of personal property of historical (B) Socioeconomic programs relating significance; to contracting; (F) Make information returns to the (C) Selection, standardization, and Internal Revenue Service as prescribed simplification of program delivery by 26 U.S.C. 6050M and by 26 CFR processes utilizing contracts; 1.6050M–1 and such other Treasury reg- (D) Acquisition, leasing, utilization, ulations, guidelines or procedures as value analysis, construction, mainte- may be issued by the Internal Revenue nance, and disposition of real and per- Service in accordance with 26 U.S.C.

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6050M. This includes making such chases, contracts, leases, and other verifications or certifications as may transactions; be required by 26 CFR 1.6050M–1 and (C) Designating contracting officers; making the election allowed by 26 CFR (D) Establishing clear lines of con- 1.6050M–1(d)(5)(1); tracting authority; (G) Promulgate regulations for the (E) Evaluating and monitoring the management of contracting and pro- performance of the Department’s procurement for information technology curement system; and telecommunication equipment, (F) Managing and enhancing career software, services, maintenance and re- development of the Department’s ac- lated supplies; and quisition work force; (H) Represent the Department in con- (G) Participating in the development tacts with the General Accounting Of- of Governmentwide procurement poli- fice, the General Services Administra- cies, regulations, and standards, and tion, the Office of Management and determining specific areas where Gov- Budget, and other organizations or ernmentwide performance standards agencies on matters related to assigned should be established and applied; responsibilities. (H) Developing unique Departmental (iii) Serve as the Acquisition Execu- standards as required; tive in the Department to integrate (I) Overseeing the development of and unify the management process for procurement goals, guidelines, and in- the Department’s major system acqui- novation; sitions and to monitor implementation (J) Measuring and evaluating proof the policies and practices set forth curement office performance against in Circular A–109, Major Systems Ac- stated goals; quisitions, with the exception that (K) Advising the Secretary whether major system acquisitions for informa- goals are being achieved; tion technology shall be under the cog- (L) Prescribing standards for agency nizance of the Chief Information Offi- Procurement Executives and desig- cer. This includes the authority to: nating agency Procurement Executives when these standards not are met; (A) Insure that OMB Circular A–109 is (M) Redelegating as appropriate, the effectively implemented in the Depart- authority in paragraph (a)(6)(iv)(A) of ment and that the management objec- this section to agency Procurement tives of the Circular are realized; Executives or other qualified agency (B) Review the program management officials with no power of further re- of each major system acquisition, ex- delegation; and cluding information technology; (N) Redelegating the authorities in (C) Designate the program manager paragraphs (a)(6)(iv)(B), (C), (D), (F), for each major systems acquisition, ex- and (G) of this section to agency Pro- cluding information technology; and curement executives or other qualified (D) Designate any Departmental ac- agency officials with the power of fur- quisition as a major system acquisi- ther redelegation. tion, excluding information tech- (v) Represent the Department in es- nology, under OMB Circular A–109. tablishing standards for acquisition (iv) Pursuant to Executive Order transactions within the electronic data 12931, 3 CFR, 1994 Comp., p. 925, and sec- interchange environment. tions 16, 22, and 37 of the Office of Fed- (vi) Pursuant to the Alternative Ag- eral Procurement Policy Act, as ricultural Research and Commer- amended, 41 U.S.C. 414, 418(b), and 433, cialization Act of 1990 (7 U.S.C. 5901– designate the Senior Procurement Ex- 5909), establish and maintain a Pref- ecutive for the Department and dele- erence List for selected products devel- gate responsibility for the following: oped with commercialization assist- (A) Prescribing and publishing De- ance under 7 U.S.C. 5905. partmental acquisition policies, regu- (vii) Designate the Departmental lations, and procedures; Task Order Ombudsman pursuant to 41 (B) Taking any necessary actions U.S.C. 253j. consistent with policies, regulations, (viii) Serve as Departmental Remedy and procedures with respect to pur- Coordination Official pursuant to 41

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U.S.C. 255 to determine whether pay- (xv) [Reserved] ment to any contractor should be re- (xvi) In accordance with Public Law duced or suspended based on substan- 95–91, section 656 and pursuant to Exec- tial evidence that the request of the utive Order 13123, serve as the Depart- contractor for advance, partial, or ment’s principal Energy Conservation progress payment is based on fraud. Officer. (ix) Promulgate Departmental poli- (xvii) Exercise full Departmentwide cies, standards, techniques, and proce- contracting and procurement author- dures, and represent the Department in ity. maintaining the security of physical (xviii) Conduct acquisitions with au- facilities nationwide. thority to take actions required by law (x) Review and approve exemptions or regulation to procure supplies, serv- for USDA contracts and subcontracts ices, and equipment for: from the requirements of the Clean Air (A) The Secretary of Agriculture; Act, as amended (42 U.S.C. 7401, et seq.), (B) The general officers of the De- the Federal Water Pollution Control partment; Act, as amended (33 U.S.C. 1251, et seq.), (C) The offices and agencies reporting and Executive Order 11738, 3 CFR, 1971– to the Assistant Secretary for Admin- 1975 Comp., p. 799, when he or she deter- istration; mines that the paramount interest of (D) Any other offices or agencies of the United States so requires as pro- the Department as may be agreed; and vided in these acts and Executive Order (E) For other federal, state, or local and the regulations of the Environ- government organizations on a cost re- mental Protection Agency (40 CFR covery basis. 32.2155(b)). (8) Related to competition advocacy. (i) (xi) Promulgate policy concerning Pursuant to the Office of Federal Pro- excess Federal personal property in ac- curement Policy Act (Act), as amended cordance with section 923 of Public (41 U.S.C. 401, et seq.), designate the De- Law 104–127, to support research, edu- partment’s Advocate for Competition cational, technical and scientific ac- with the responsibility for section 20 of tivities or for related programs, to: the Act (41 U.S.C. 418), including: (A) Any 1994 Institutions (as defined in section 532 of the Equity in Edu- (A) Reviewing the procurement ac- cational Land-Grant Status Act of 1994 tivities of the Department; (Public Law 103–382; 7 U.S.C. 301 note)); (B) Developing new initiatives to in- (B) Any Institutions eligible to re- crease full and open competition; ceive funds under the Act of August 30, (C) Developing goals and plans and 1890 (7 U.S.C. 321, et seq.) including recommending actions to increase Tuskegee University; and competition; (C) Any Hispanic-serving Institutions (D) Challenging conditions unneces- (as defined in sections 316(b) of the sarily restricting competition in the Higher Education Act of 1965 (20 U.S.C. acquisition of supplies and services; 1059c (b)). (E) Promoting the acquisition of (xii) Issue regulations and directives commercial items; and to implement or supplement the Fed- (F) Designating an Advocate for eral Acquisition Regulations (48 CFR Competition for each procuring activ- Chapters 1 and 4). ity within the Department. (xiii) Issue regulations and directives (9) Related to emergency preparedness. to implement or supplement the Fed- Provide guidance to the development eral Property Management Regulations and administration of the Depart- (41 CFR chapters 101 and 102). ment’s Continuity of Operations Plan (xiv) Serve as a USDA Environmental and to USDA participation in the Con- Executive responsible for coordinating tinuity of Government Plan. This in- waste prevention, recycling, and the cludes: procurement, acquisition and use of re- (i) Managing the Department Emer- cycled products and environmentally gency Operations Center and alternate preferable products, including biobased facilities. products, and services pursuant to Ex- (ii) Providing guidance and direction ecutive Order 13101. regarding continuity of operations to

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Departmental staff offices, mission or she determines that the paramount areas, and agencies. interest of the United States so re- (iii) Representing and acting as liai- quires as provided in these acts and Ex- son for the Department in contacts ecutive Order and the regulations of with other Federal entities and organi- the Environmental Protection Agency zations concerning matters of assigned (40 CFR 32.215(b)). responsibilities. (vi) Coordinate USDA waste preven- (iv) Overseeing Department con- tion, recycling, and procurement, ac- tinuity of operations, planning, and quisition and use of recycled products emergency relocation facilities to en- and environmentally preferable prod- sure that resources are in a constant ucts, including biobased products, and state of readiness. services, and serve as a USDA Environ- (10) Related to compliance with environmental Executive, pursuant to Execu- mental laws and environmental manage- tive Order 13101. ment systems. (i) Take action pursuant (vii) Serve on the USDA Hazardous to Executive Order 12088, 3 CFR, 1978 Materials Policy Council. Comp., p. 243, to comply with environ- (viii) Represent USDA in consulting mental pollution control laws with re- or working with the Environmental spect to facilities and activities under Protection Agency (EPA), the Council his or her authority, including, but not on Environmental Quality, the Domes- limited to, entering into inter-agency tic Policy Council, and others to de- agreements, administrative consent or- velop policies relating to hazardous ders, consent judgments, or other materials management and Federal fa- agreements with the appropriate Fed- cilities compliance with applicable pol- eral, State, interstate, or local agen- lution control laws. cies to achieve and maintain compli- (ix) Monitor, review, evaluate, and ance with applicable pollution control oversee hazardous materials manage- standards. ment program activities and compli- (ii) Provide program leadership and ance Department-wide. oversight for USDA compliance with (x) Monitor, review, evaluate, and applicable pollution control laws and oversee USDA agency expenditures for executive orders, including Executive hazardous materials management pro- Order 13148, Greening of the Govern- gram accomplishments. ment Through Leadership in Environ- (xi) Prepare for the USDA Hazardous mental Management. Materials Policy Council the Haz- (iii) Provide program leadership and ardous Materials Management Pro- coordination for USDA’s energy con- gram budget request to the Office of servation and energy efficiency activi- Management and Budget (OMB) and ties, and serve as USDA’s principal En- Congress, prepare accomplishment re- ergy Conservation Officer, pursuant to ports to Congress, OMB, and EPA, and Executive Order 13123, Greening of the take a lead role in the preparation of Government Through Efficient Energy replies to Congressional inquires. Management. (xii) Represent USDA on the Na- (iv) Promulgate policies, standards, tional Response Team on hazardous techniques, and procedures, and rep- spills and oil spills pursuant to the resent the Department, in prevention, Comprehensive Environmental Re- control, and abatement of pollution sponse, Compensation, and Liability with respect to Federal facilities and Act of 1980, as amended (42 U.S.C. 9601, activities under the control of the De- et seq.); the Clean Water Act, as amend- partment (Executive Order 12088, 3 ed (33 U.S.C. 1251, est seq.); Oil Pollu- CFR, 1978 Comp., p. 243). tion Act, as amended (33 U.S.C. 2701, et (v) Review and approve exemptions seq.); Executive Order 12580, 3 CFR, 1987 for USDA contracts, subcontracts, Comp., p. 193; Executive Order 12777, 3 grants, agreements, and loans from the CFR, 1991 Comp., p. 351, and the Na- requirements of the Clean Air Act, as tional Oil and Hazardous Substances amended (42 U.S.C. 7401, et seq.), the Contingency Plan, 40 CFR Part 300. Clean Water Act, as amended (33 U.S.C. (xiii) Approve disbursements from 1251, et seq.), and Executive Order 11738, the New World Mine Response and Res- 3 CFR, 1971–1975 Comp., p. 799, when he toration Account, approve the New

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World Mine Response and Restoration coordination activities on behalf of the Plan, and make quarterly reports to Assistant Secretary. Congress under Sections 502(d) and (f) (12) [Reserved] of Title V of the Department of the In- (13) Related to ethics. The Ethics func- terior and Related Agencies Appropria- tion in the U.S. Department of Agri- tions Act of 1998, Public Law 105–83. culture is under the authority of the (xiv) Ensure that the Hazardous Ma- Assistant Secretary for Administration terials Management Program Depart- for purposes of general supervision ment-wide is accomplished with regard only. The Assistant Secretary does not to, and in compliance with, Executive have any authority over the functions Order 12898, Federal Actions to Address exercised by the Deputy Assistant Sec- Environmental Justice in Minority retary for Administration, pursuant to Populations and Low-Income Popu- the Deputy Assistant Secretary’s relations. sponsibilities as Designated Agency (xv) Take such action as may be nec- Ethics Official under the Office of Gov- essary, with the affected agency head ernment Ethics regulations at 5 CFR and with the concurrence of the Gen- part 2638. eral Counsel, including issuance of ad- (14) [Reserved] ministrative orders and agreements (15) Related to defense. Provide inter- with any person to perform any re- nal administrative management and sponse action under sections 106(a) and support services for the defense pro- 122 (except subsection (b)(1)) of the gram of the Department. Comprehensive Environmental Re- (16) Related to the Board of Contract sponse, Compensation, and Liability Appeals. Provide administrative super- Act of 1980, as amended (42 U.S.C. vision of the Board of Contract Ap- 9606(a), 9622), pursuant to sections peals. No review by the Assistant Sec- 4(c)(3) and 4(d)(3) of Executive Order retary for Administration of the merits 12580, as amended by Executive Order of appeals or of decisions of the Board 13016. is authorized and the Board shall be (11) Related to management. (i) Admin- the representative of the Secretary in ister a productivity program in accord- such matters. ance with Executive Order 12089, 3 (17) Related to budget and finance. Ex- CFR, 1979 Comp., p. 246, and other pol- ercise general financial and budget au- icy and procedural directives and laws thority over all organizations assigned to: to the Assistant Secretary for Admin- (ii) Develop strategies to improve istration. processes with respect to administra- (18) Relating to personnel security and tive and associated financial activities the safeguarding of national security in- of the Department and make rec- formation: ommendations to the Secretary. (i) Direct and administer USDA’s per- (iii) Improve Departmental manage- sonnel security and public trust pro- ment by: performing management grams established pursuant to Execu- studies and reviews in response to tive Order 12968, Access to Classified agency requests for assistance; enhanc- Information (3 CFR 1995 Comp. pp 391– ing management decision making by 402) and 5 CFR 731. developing and applying analytic tech- (ii) Manage the personnel security niques to address particular adminis- functions of the Department including trative operational and management programs for eligibility access deter- problems; searching for more economi- minations, obtaining security clear- cal or effective approaches to the con- ances for USDA employees, denial or duct of business; developing and revis- revocation of access to national secu- ing systems, processes, work methods rity information, and developing and and techniques; and undertaking other promulgating policies and training. efforts to improve the management ef- (iii) Direct and administer USDA’s fectiveness and productivity of the De- program under which information is partment. safeguarded pursuant to Executive (iv) Coordinate Departmental Admin- Order 12958, Classified National Secu- istration strategic planning and budget rity Information.

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(iv) Establish Information Security (ii) Actions to enforce Title VII of (INFOSEC) policies and procedures for the Civil Rights Act of 1964, as amend- classifying, declassifying, safe- ed, 42 U.S.C. 2000e, prohibiting dis- guarding, and disposing of classified crimination in Federal employment. national security information and ma- (iii) Actions to enforce Title IX of the terials. Education Amendments of 1972, 20 (v) Establish procedures under which U.S.C. 1681, et seq., prohibiting dis- authorized holders of information may crimination on the basis of sex in challenge the classification of informa- USDA education programs and activi- tion believed to be improperly classi- ties funded by the Department. fied or unclassified. (iv) Actions to enforce the Age Dis- (vi) Take corrective action for viola- crimination Act of 1975, 42 U.S.C. 6102, tions or infractions under section 5.7, prohibiting discrimination on the basis par. (b), of Executive Order 12958. of age in USDA programs and activities (vii) Develop and maintain a secure funded by the Department. facility for the receipt and safe- (v) Actions to enforce section 504 of guarding of classified material. the Rehabilitation Act of 1973, as (viii) Coordinate security activities amended, 29 U.S.C. 794, prohibiting dis- with the Chief Information Officer who crimination against individuals with has primary responsibility for PDD 63, disabilities in USDA programs and ac- Critical Infrastructure Assurance. tivities funded by the Department. (b) The following authorities are re- (vi) Actions to enforce section 504 of served to the Secretary of Agriculture: the Rehabilitation Act of 1973, as (1) Related to human resources manage- amended, 29 U.S.C. 794, prohibiting dis- ment. Make final determinations in the crimination against individuals with following areas: disabilities in USDA conducted pro- (i) Separation of employees for secu- grams. rity reasons; (vii) Actions to enforce related Exec- (ii) Restoration to duty of employees utive Orders, Congressional mandates, following suspension from duty for se- and other laws, rules, and regulations, curity reasons; as appropriate. (viii) Actions to develop and imple- (iii) Reinstatement or restoration to ment the Department’s Federal Wom- duty or the employment of any person en’s Program. separated for security reasons; and (ix) Actions to develop and imple- (iv) Issuance of temporary certifi- ment the Department’s Hispanic Em- cates to occupy sensitive positions. ployment Program. (2) [Reserved] (2) Evaluate Departmental agency [60 FR 56393, Nov. 8, 1995, as amended at 65 programs, activities, and impact state- FR 12428, Mar. 9, 2000; 65 FR 77756, Dec. 13, ments for civil rights concerns. 2000; 67 FR 65689, Oct. 28, 2002; 68 FR 27439, (3) Provide leadership and coordinate May 20, 2003; 69 FR 34252, June 21, 2004] Departmental agencies and systems for targeting, collecting, analyzing, and § 2.25 Assistant Secretary for Civil evaluating program participation data Rights. and equal employment opportunity (a) The following delegations of au- data. thority are made by the Secretary to (4) Provide leadership and coordinate the Assistant Secretary for Civil Departmentwide programs of public no- Rights: tification regarding the availability of (1) Provide overall leadership, coordi- USDA programs on a nondiscrim- nation, and direction for the Depart- inatory basis. ment’s programs of civil rights, includ- (5) Coordinate with the Department ing program delivery, compliance, and of Justice on matters relating to title equal employment opportunity, with VI of the Civil Rights Act of 1964 (42 emphasis on the following: U.S.C. 2000d), title IX of the Education (i) Actions to enforce Title VI of the Amendments of 1972 (20 U.S.C. 1681, et Civil Rights Act of 1964, 42 U.S.C. 2000d, seq.), and section 504 of the Rehabilita- prohibiting discrimination in federally tion Act of 1973, as amended (29 U.S.C. assisted programs. 794), except those matters in litigation,

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including administrative enforcement the finality of National Appeals Divi- actions, which shall be coordinated by sion decisions, as to complaints filed the Office of the General Counsel. under parts 15a, 15b, and 15d of this (6) Coordinate with the Department title, except in those cases where the of Health and Human Services on mat- Assistant Secretary for Civil Rights ters relating to the Age Discrimination has participated in the events that Act of 1975, 42 U.S.C. 6102, except those gave rise to the matter. matters in litigation, including admin- (14) Conduct civil rights investiga- istrative enforcement actions, which tions and compliance reviews Depart- shall be coordinated by the Office of mentwide. the General Counsel. (15) Develop regulations, plans, and (7) Order proceedings and hearings in procedures necessary to carry out the the Department pursuant to §§ 15.9(e) Department’s civil rights programs, in- and 15.86 of this title which concern cluding the development, implementa- consolidated or joint hearings within tion, and coordination of Action Plans. the Department or with other Federal (16) Monitor, evaluate, and report on departments and agencies. agency compliance with established (8) Order proceedings and hearings in policy and Executive Orders which fur- the Department pursuant to § 15.8 of ther the participation of historically this title after the program agency has Black colleges and universities, the advised the applicant or recipient of Hispanic-serving institutions, 1994 trib- his or her failure to comply and has deal land grant institutions, and other termined that compliance cannot be colleges and universities with substan- secured by voluntary means. tial minority group enrollment in De- (9) Issue orders to give a notice of partmental programs and activities. hearing or the opportunity to request a (17) Related to Equal Employment Op- hearing pursuant to part 15 of this portunity (EEO). Is designated as the title; arrange for the designation of an Department’s Director of Equal Em- Administrative Law Judge to preside ployment Opportunity with authority: over any such hearing; and determine (i) To perform the functions and re- whether the Administrative Law Judge sponsibilities of that position under 29 so designated will make an initial deci- CFR part 1614, including the authority: sion or certify the record to the Sec- (A) To make changes in programs retary of Agriculture with his or her and procedures designed to eliminate recommended findings and proposed ac- discriminatory practices and improve tion. the Department’s EEO program. (10) Authorize the taking of action (B) To provide EEO services for man- pursuant to § 15.8(a) of this title relat- agers and employees. ing to compliance by ‘‘other means au- (C) To make final agency decisions thorized by law.’’ on EEO complaints by Department em- (11) Make determinations required by ployees or applicants for employment § 15.8(d) of this title that compliance and order such corrective measures in cannot be secured by voluntary means, such complaints as may be considered and then take action, as appropriate. necessary, including the recommenda- (12) Make determinations that pro- tion for such disciplinary action as is gram complaint investigations per- warranted when an employee has been formed under § 15.6 of this title estab- found to have engaged in a discrimina- lish a proper basis for findings of dis- tory practice. crimination, and that actions taken to (ii) Administer the Department’s correct such findings are adequate. EEO program. (13) Investigate (or make determina- (iii) Oversee and manage the EEO tions that program complaint inves- counseling function for the Depart- tigations establish a proper basis for ment. final determinations), make final de- (iv) Process formal EEO complaints terminations on both the merits and by employees or applicants for employ- required corrective action, and, where ment. applicable, make recommendations to (v) Investigate Department EEO com- the Secretary that relief be granted plaints and make final decisions on under 7 U.S.C. 6998(d) notwithstanding EEO complaints, except in those cases

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where the Assistant Secretary has par- and FCIC funds to satisfy such an ticipated in the events that gave rise award. to the matter. (21) Make final determinations in (vi) Order such corrective measures proceedings under part 15f of this title in EEO complaints as may be consid- where review of an administrative law ered necessary, including the rec- judge decision is undertaken. ommendation for such disciplinary ac- (22) Provide civil rights and equal tion as is warranted when an employee employment opportunity support serv- has been found to engage in a discrimi- ices, with authority to take actions re- natory practice. quired by law or regulation to perform (vii) Provide liaison on EEO matters such services for: concerning complaints and appeals (i) The Secretary of Agriculture. with the Department agencies and De- (ii) The general officers of the De- partment employees. partment. (viii) Coordinate the Department’s (iii) The offices and agencies report- affirmative employment program, spe- ing to the Assistant Secretary for Ad- cial emphasis programs, Federal Equal ministration. Opportunity Recruitment Program, (iv) Any other offices or agencies of EEO evaluations, and development of the Department as may be agreed. policy. (23) Related to outreach. (i) Develop policy guidelines and implement a De- (ix) Provide liaison on EEO programs partmental outreach program which and activities with the Equal Employ- delivers services to traditionally ment Opportunity Commission and the under-served customers. Office of Personnel Management. (ii) Develop a strategic outreach plan (18) Maintain liaison with histori- for the Department which coordinates cally Black colleges and universities, the goals, objectives, and expectations the Hispanic-serving institutions, 1994 of mission area outreach programs. tribal land grant institutions, and (iii) Coordinate the dissemination/ other colleges and universities with communication of all outreach infor- substantial minority group enrollment, mation from the Department and its and assist Department agencies in mission areas ensuring its trans- strengthening such institutions by fa- mission to as wide a public spectrum as cilitating institutional participation in possible. Department programs and activities (iv) Serve as the Department’s offi- and by encouraging minority students cial outreach spokesperson. to pursue curricula that could lead to (v) Provide coordination and over- careers in the food and agricultural sight of agency outreach activities in- sciences. cluding the establishment of outreach (19) Administer the discrimination councils. appeals and complaints program for (vi) Develop a system to monitor the the Department, including all formal delivery of outreach grants and fund- individual or group appeals, where the ing. system provides for an avenue of re- (vii) Establish requirements and pro- dress to the Department level, Equal cedures for reporting agency outreach Employment Opportunity Commission, status and accomplishments including or other outside authority. Departmental reporting under the Out- (20) Make final determinations, or reach and Assistance for Socially Dis- enter into settlement agreements, on advantaged Farmers and Ranchers Pro- discrimination complaints in federally gram (7 U.S.C. 2279). conducted programs subject to the (24) Related to conflict management. (i) Equal Credit Opportunity Act. This Designate the senior official to serve as delegation includes the authority to the Department Dispute Resolution make compensatory damage awards Specialist under the Administrative whether pursuant to a final determina- Dispute Resolution Act of 1996, 5 U.S.C. tion or in a settlement agreement 571, et seq., and provide leadership, di- under the authority of the Equal Credit rection and coordination for the De- Opportunity Act and the authority to partment’s conflict prevention and res- obligate agency funds, including CCC olution activities.

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(ii) Issue Departmental regulations, ignated pursuant to 5 U.S.C. 556(b)(3) to policies, and procedures relating to the hold hearings and perform related du- use of Alternative Dispute Resolution ties in proceedings subject to 5 U.S.C. (ADR) to resolve employment com- 556 and 557, arising under the Agricul- plaints and grievances, workplace dis- tural Marketing Agreement Act of 1937, putes, Departmental program disputes, as amended (7 U.S.C. 601 et seq.); the and contract and procurement dis- Commodity Exchange Act as amended putes. (7 U.S.C. 1 et seq.); the Perishable Agri- (iii) Provide ADR services for: cultural Commodities Act, as amended (A) The Secretary of Agriculture. (7 U.S.C. 499a et seq.); the Federal Seed (B) The general officers of the De- Act, as amended (7 U.S.C. 1551 et seq.); partment. the (Laboratory) Animal Welfare Act, (C) The offices and agencies reporting as amended (7 U.S.C. 2131 et seq.); the to the Assistant Secretary for Admin- Packers and Stockyards Act, 1921, as istration. amended and supplemented (7 U.S.C. (D) Any other officer or agency of the 181 et seq.); the Forest Resources Con- Department as may be agreed. servation and Shortage Relief of 1990 (iv) Develop and issue standards for (16 U.S.C. 630 et seq.); and any other mediators and other ADR neutrals uti- acts providing for hearings to which lized by the Department. the provisions of 5 U.S.C. 556 and 557, (v) Coordinate ADR activities are applicable. Pursuant to the applica- throughout the Department. ble rules of practice, the administra- (vi) Monitor agency ADR programs tive law judges shall make initial deci- and report at least annually to the Sec- sions in adjudication and rate pro- retary on the Department’s ADR ac- ceedings subject to 5 U.S.C. 556 and 557. tivities. Such decisions shall become final with- (25) Redelegate, as appropriate, any out further proceedings unless there is authority delegated under this section an appeal to the Secretary by a party to general officers of the Department to the proceeding in accordance with and heads of Departmental agencies. the applicable rules of practice: Pro- (b) [Reserved] vided, however, that no decision shall be final for purposes of judicial review [69 FR 34252, June 21, 2004] except a final decision of the Secretary upon appeal. As used herein, ‘‘Sec- Subpart D—Delegations of Author- retary’’ means the Secretary of Agri- ity to Other General Officers culture, the Judicial Officer, or other and Agency Heads officer or employee of the Department delegated, pursuant to the Act of April EDITORIAL NOTE: Nomenclature changes to 4, 1940 (7 U.S.C. 450c–450g), and Reorga- subpart D appear at 60 FR 66713, Dec. 26, 1995. nization Plan No. 2 of 1953 (5 U.S.C. App.), ‘‘regulatory functions’’ as that § 2.26 Director, Office of the Executive term is defined in the 1940 Act, in act- Secretariat. ing as final deciding officer in adju- The following delegation of authority dication and rate proceedings subject is made by the Secretary of Agri- to 5 U.S.C. 556 and 557. Administrative culture to the Director, Office of the Law Judges are delegated authority to Executive Secretariat: Responsible for hold hearings and perform related du- all correspondence control and related ties as provided in the Rules of Prac- records management functions for the tice Governing Cease and Desist Pro- Office of the Secretary. ceedings Under Section 2 of the Capper- Volstead Act, set forth in part 1, sub- § 2.27 Office of Administrative Law part I of this title. Judges. (2) [Reserved] (a) The following designations are (b) The Chief Administrative Law made by the Secretary of Agriculture Judge is delegated the following ad- to the Office of Administrative Law ministrative responsibilities subject to Judges: the guidance and control of the Assist- (1) Administrative law judges (for- ant Secretary for Administration (See merly hearing examiners) are des- § 2.24(a)):

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(1) Exercise general responsibility (i) Preparing and annually revising a and authority for all matters related to Departmental 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 the Office of Management and ing Clerk as set out in § 2.24(a)(1)(iii). Budget under 31 U.S.C. 3512(a)(3); and (B) Comply with the requirements es- § 2.28 Chief Financial Officer. tablished for agency financial state- (a) The Chief Financial Officer, under ments under 31 U.S.C. 3515 and with the the supervision of the Secretary, is re- requirements for audits of Department sponsible for executing the duties enu- financial statements established in 31 merated for agency Chief Financial Of- U.S.C. 3521 (e) and (f). ficers in the Chief Financial Officers (ii) Developing Departmental finan- Act of 1990, Public Law No. 101–576, 31 cial management budgets, including U.S.C. 902, including: the oversight and recommendation of (1) Reporting directly to the Sec- approval of component agency finan- retary of Agriculture regarding financial management budgets; cial management matters and the fi- (iii) Recruiting, selecting, and train- nancial execution of the budget. ing of personnel to carry out Depart- (2) Overseeing all financial manage- mental financial management func- ment activities relating to the pro- tions; grams and operations of the Depart- (iv) Approving and managing Depart- ment and component agencies. mental, and approving component (3) Developing and maintaining an in- agency, financial management systems tegrated accounting and financial sys- design or enhancement projects; and tem for the Department and compo- (v) Implementing and approving De- nent agencies, including financial re- partmental, and approving component porting and internal controls, which— agency, asset management systems, in- (i) Complies with applicable account- cluding systems for cash management, ing principles, standards, and require- credit management, debt collection, ments, and internal control standards; and property and inventory manage- (ii) Complies with such policies and ment and control. requirements as may be prescribed by (6) Preparing and transmitting, by the Director of the Office of Manage- not later than 60 days after the submis- ment and Budget; sion of the audit report required by 31 (iii) Complies with any other require- U.S.C. 3521(f), an annual report to the ments applicable to such systems; and Secretary and the Director of the Of- (iv) Provides for complete, reliable, fice of Management and Budget, which consistent, and timely information shall include: which is prepared on a uniform basis (i) A description and analysis of the and which is responsive to the financial status of financial management of the information needs of Department man- Department; agement and for the development and (ii) The annual financial statements reporting of cost information, the inte- prepared under 31 U.S.C. 3521; gration of accounting and budgeting (iii) The audit report transmitted to information, and the systematic meas- the Secretary under 31 U.S.C. 3521; urement of performance. (iv) A summary of the reports on in- (4) Making recommendations to the ternal accounting and administrative Secretary regarding the selection of control systems submitted to the the Deputy Chief Financial Officer of President and the Congress under the the Department, and selection of prin- amendments made by the Federal Man- cipal financial officers of component agers’ Financial Integrity Act of 1982 agencies of the Department. (31 U.S.C. 1113, 3512); and (5) Directing, managing, and pro- (v) Other information the Secretary viding policy guidance and oversight of considers appropriate to inform fully Department financial management per- the President and the Congress con- sonnel, activities, and operations, in- cerning the financial management of cluding: the Department.

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(7) Monitoring the financial execu- (i) Development, maintenance, re- tion of the budget of the Department in view and approval of all departmental, relation to projected and actual ex- and review and approval of component penditures, and preparing and submit- agency, internal control, fiscal, finan- ting to the Secretary timely perform- cial management and accounting sys- ance reports. tems including the financial aspects of (8) Reviewing, on a biennial basis, the payroll and property systems; fees, royalties, rent, and other charges (ii) Selection, standardization, and imposed by the Department for serv- simplification of program delivery ices and things of value it produces, processes utilizing grants, cooperative and making recommendations on revis- agreements and other forms of Federal ing those charges to reflect costs in- assistance; curred by the Department in providing (iii) Review and approval of Federal those services and things of value. assistance, internal control, fiscal, ac- (9) Accessing all records, reports, au- counting and financial management dits, reviews, documents, papers, rec- regulations and instructions proposed ommendations, or other material that or issued by USDA agencies for con- are the property of the Department or formity with Departmental require- that are available to the Department, ments; and and that relate to programs and oper- (iv) Section 5301 of the Anti-Drug ations with respect to which the Chief Abuse Act of 1988 (21 U.S.C. 853a) as it Financial Officer has responsibilities, relates to grants, loans, and licenses. except that this grant allows no access greater than that permitted under any (3) Establish policies related to the other law to records, reports, audits, Department Working Capital Fund. reviews, documents, papers, rec- (4) Approve regulations, procedures ommendations, or other material of and rates for goods and services fi- the Office of Inspector General. nanced through the Department Work- (10) Requesting such information or ing Capital Fund which will impact the assistance as may be necessary for car- financial administration of the Fund. rying out the duties and responsibil- (5) Exercise responsibility and au- ities granted the Chief Financial Offi- thority for operating USDA’s Central cer by the Chief Financial Officers Act Accounting System and related admin- of 1990 (Pub. L. No. 101–576), from any istrative systems including: Federal, State, or local governmental (i) Management of the National Fi- entity. nance Center (NFC), which includes de- (11) To the extent and in such veloping, maintaining, and operating amounts as may be provided in advance manual and automated administrative by appropriations acts, entering into and accounting systems for the USDA contracts and other arrangements with agencies related to the Central Ac- public agencies and with private per- counting System, Departmentwide sons for the preparation of financial payroll and personnel information, sta- statements, studies, analyses, and tistics, administrative payments, bil- other services, and making such pay- lings and collections, and related re- ments as may be necessary to carry porting systems that are either re- out the duties and prerogatives of the quested by the agencies or required by Chief Financial Officer. the Department; (b) In addition to the above respon- (ii) Management of the NFC auto- sibilities, the following delegations of mated data processing and tele- authority are made by the Secretary of communications systems and coordina- Agriculture to the Chief Financial Offi- tion with the Office of the Chief Infor- cer: mation Officer to assure that the hard- (1) Designate the Department’s Di- ware and software located at the NFC rector of Finance and Comptroller of will be integrated with and compatible the Department Working Capital Fund. with all other systems; (2) Establish Departmental policies, (iii) Develop new or modified ac- standards, techniques, and procedures counting systems and documentation applicable to all USDA agencies for the supporting the Central Accounting following areas: System which includes working with

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USDA agencies to obtain General Ac- ing searches for official records pursu- counting Office approval; and ant to the Freedom of Information Act, (iv) Review and approve the issuance 5 U.S.C. 552; and of accounting and management in- (ix) Monitoring USDA implementa- structions related to the operation of tion of section 5301 of the Anti-Drug the NFC. Abuse Act of 1988 (21 U.S.C. 853a) as it (6) Provide management support relates to grants, loans, and licenses. services for the NFC, and by agreement (8) Establish Department and approve with agency heads concerned, provide component agency programs, policies, such services for other USDA tenants standards, systems, techniques and housed in the same facility. As used procedures to improve the manage- herein, such management support serv- ment and operational efficiency and ef- ices shall include: fectiveness of the USDA including: (i) Personnel services, as listed in § 2.24(a)(5)(x), and organizational sup- (i) Implementation of the policies port services, with authority to take and procedures set forth in OMB Circu- actions required by law or regulation lars No. A–76: Performance of Commer- to perform such services; and cial Activities, and No. A–117: Manage- (ii) Procurement, property management Improvement and the Use of ment, space management, communica- Evaluation in the Executive Branch; tions, messenger, paperwork manage- (ii) Increased use of operations re- ment, and related administrative serv- search and management science in the ices, with authority to take actions re- areas of productivity and management; quired by law or regulation to perform and such services. (iii) All activities financed through (7) Exercise responsibility and au- the Department Working Capital Fund. thority for all matters related to the (9) Designate the Commercial Indus- Department’s accounting and financial trial Officer for USDA. operations including such activities as: (10) Develop Departmental policies, (i) Financial administration, includ- standards, techniques, and procedures ing accounting and related activities; for the conduct of reviews and analysis (ii) Reviewing financial aspects of of the utilization of the resources of agency operations and proposals; State and local governments, other (iii) Furnishing consulting services Federal agencies and of the private sec- to agencies to assist them in devel- tor in domestic program operations. oping and maintaining accounting and (11) Represent the Department in financial management systems and in- contacts with the Office of Manage- ternal controls, and for other purposes ment and Budget, General Services Ad- consistent with delegations in para- ministration, General Accounting Of- graph (b)(2) of this section; fice, Department of the Treasury, Of- (iv) Reviewing and monitoring agen- fice of Personnel Management, Depart- cy implementation of Federal assist- ment of Health and Human Services, ance policies; Department of Labor, Environmental (v) Reviewing and approving agen- Protection Agency, Department of cies’ accounting systems documentation including related development Commerce, Congress of the United plans, activities, and controls; States, State and local governments, (vi) Monitoring agencies’ progress in universities, and other public and pri- developing and revising accounting and vate sector individuals, organizations financial management systems and in- or agencies on matters related to as- ternal controls; signed responsibilities. (vii) Evaluating agencies’ financial (12) Maintain the Departmental in- systems to determine the effectiveness ventory of commercial activities re- of procedures employed, compliance quired by OMB Circular No. A–76 and with regulations, and the appropriate- provide Departmentwide technical as- ness of policies and practices; sistance to accomplish Circular objec- (viii) Promulgation of Department tives. schedule of fees and charges for repro- (13) Establish policies related to trav- ductions, furnishing of copies and mak- el by USDA employees.

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(14) Exercise responsibility for co- (2) Related to risk assessment. (i) Re- ordinating and overseeing the imple- sponsible for assessing the risks to mentation of the Government Perform- human health, human safety, or the ance and Results Act of 1993, Pub. L. environment, and for preparing cost- No. 103–62, at the Department. benefit analyses, with respect to pro- (15) Exercise responsibility for de- posed major regulations, and for pub- sign, implementation, and oversight of lishing such assessments and analyses the Department’s project known as Fi- in the FEDERAL REGISTER as required nancial Information Systems Vision, by section 304 of the Department of Ag- and approval of the design and imple- riculture Reorganization Act of 1994 (7 mentation of an integrated financial U.S.C. 2204e). information and management system (ii) Provide direction to Department for the Department and all component agencies in the appropriate methods of agencies. risk assessment and cost-benefit anal- (16) Provide budget, accounting, fis- yses and coordinate and review all risk cal and related financial management assessments and cost-benefit analyses services, with authority to take action prepared by any agency of the Depart- required by law or regulation to pro- ment. vide such services for Working Capital (iii) Enter into contracts, grants, or Funds and general appropriated and cooperative agreements to further re- trust funds for: search programs in the food and agri- (i) The Secretary of Agriculture; culture sciences (7 U.S.C. 3318). (ii) The general officers of the De- (3) Related to food and agriculture out- partment, except the Inspector Gen- look and situation. (i) Coordinate and eral; review all crop and commodity data (iii) The offices and agencies report- used to develop outlook and situation ing to the Assistant Secretary for Ad- material within the Department. ministration; and (ii) Oversee and clear for consistency (iv) Any other officers and agencies analytical assumptions and results of of the Department as may be agreed. all estimates and analyses which sig- (17) Develop, promulgate, and coordi- nificantly relate to international and nate Department-wide policy con- domestic commodity supply and de- cerning nonprocurement debarment mand, including such estimates and and suspension, as contained in 7 CFR analyses prepared for public distribu- part 3017. tion by the Foreign Agricultural Serv- [60 FR 56393, Nov. 8, 1995, as amended at 63 ice, the Economic Research Service, or FR 11101, Mar. 6, 1998; 65 FR 77761, Dec. 13, by any other agency or office of the De- 2000] partment. (4) Related to weather and climate. (i) § 2.29 Chief Economist. Advise the Secretary on climate and (a) The following delegations of au- weather activities, and coordinate the thority are made by the Secretary of development of policy options on Agriculture to the Chief Economist: weather and climate. (1) Related to economic analysis. (i) Co- (ii) Coordinate all weather and cli- ordinate economic analyses of, and re- mate information and monitoring ac- view Department decisions involving, tivities within the Department and policies and programs that have sub- provide a focal point in the Depart- stantial economic implications. ment for weather and climate informa- (ii) Review and assess the economic tion and impact assessment. impact of all significant regulations (iii) Arrange for appropriate rep- proposed by any agency of the Depart- resentation to attend all meetings, ment. hearings, and task forces held outside (iii) Review economic data and anal- the Department which require such yses used in speeches and Congres- representation. sional testimony by Department per- (iv) Designate the Executive Sec- sonnel and in materials prepared for re- retary of the USDA Weather and Cli- lease through the press, radio, and tele- mate Program Coordinating Com- vision. mittee.

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(5) Related to interagency commodity sistent with these assumptions and co- estimates committees. (i) Establish Inter- ordinated through the Interagency agency Commodity Estimates Commit- Commodity Estimates Committees. tees for Commodity Credit Corporation (8) Related to agricultural labor affairs. price-supported commodities, for major Exercise the following functions of the products thereof, and for commodities Secretary under the Immigration and where a need for such a committee has Nationality Act (INA), as amended (8 been identified, in order to bring to- U.S.C. 1101 et seq.): gether estimates and supporting anal- (i) Pursuant to section 214(c) of INA yses from participating agencies, and (8 U.S.C. 1184(c)), provide consultation to develop official estimates of supply, to the Attorney General and the Sec- utilization, and prices for commodities, retary of Labor concerning the ques- including the effects of new program tion of the importation of aliens as proposals on acreage, yield, production, nonimmigrant temporary agricultural imports, domestic utilization, price, in- workers, known as ‘‘H–2A’’ workers, come, support programs, carryover, ex- under 8 U.S.C. 1101(a)(15)(H)(ii)(a); ports, and availabilities for export. (ii) Pursuant to section 218(e) of the (ii) Designate the Chairman, who INA (8 U.S.C. 1188 note), provide con- shall also act as Secretary, for all sultation to the Attorney General and Interagency Commodity Estimates the Secretary of Labor concerning all Committees. regulations to implement 8 U.S.C. (iii) Assure that all committee mem- 101(a)(15)(H)(ii)(a) and 1188 providing bers have the basic assumptions, back- for the importation of H–2A workers; ground data and other relevant data re- (iii) Pursuant to section 210(h) of the garding the overall economy and mar- INA (8 U.S.C. 1160(h)), promulgate regu- ket prospects for specific commodities. lations to define ‘‘seasonal agricultural (iv) Review for consistency of analyt- services’’ for purposes of the Special ical assumptions and results all pro- Agricultural Worker (SAW) Program; posed decisions made by Commodity (iv) Pursuant to section 210A(a) of Estimates Committees prior to any re- the INA (8 U.S.C. 1161(a)), determine lease outside the Department. jointly with the Secretary of Labor the (6) Related to remote sensing. (i) Pro- number (if any) of additional special vide technical assistance, coordination, agricultural workers, known as ‘‘re- and guidance to Department agencies plenishment agricultural workers’’ in planning, developing, and carrying (RAWs), who should be admitted to the out satellite remote sensing activities United States or otherwise acquire the to assure full consideration and evalua- status of aliens lawfully admitted for tion of advanced technology. temporary residence during fiscal (ii) Coordinate administrative, man- years 1990 through 1993 to meet a short- agement, and budget information relat- age of workers to perform seasonal ag- ing to the Department’s remote sens- ricultural services in the United States ing activities including: during each such fiscal year; (A) Inter- and intra-agency meetings, (v) Pursuant to section 210A(a)(7) of correspondence, and records; the INA (8 U.S.C. 1161(a)(7)), determine (B) Budget and management tracking jointly with the Secretary of Labor systems; and emergency requests to increase the (C) Inter-agency contacts and tech- shortage number; nology transfer. (vi) Pursuant to section 210A(a)(8) of (iii) Designate the Executive Sec- the INA (8 U.S.C. 1161(a)(8)), determine retary for the Remote Sensing Coordi- jointly with the Secretary of Labor re- nation Committee. quests to decrease the number of man- (7) Related to long-range commodity days of seasonal agricultural services and agricultural-sector projections. Es- required of RAWs to avoid deportation tablish committees of the agencies of and for naturalization under section the Department to coordinate the de- 210A(d)(5)(A) and (B) of the INA (8 velopment of a set of analytical as- U.S.C. 1161(d)(5)(A) and (B)); sumptions and long-range agricultural- (vii) Pursuant to section 210A(b)(1) of sector projections (2 years and beyond) the INA (8 U.S.C. 1161(b)(1)), calculate based on commodity projections con- jointly with the Secretary of Labor and

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annual numerical limitation on the (A) Analyzing and evaluating exist- number of RAWs who may be admitted ing and proposed energy policies and or otherwise acquire the status of strategies, including those regarding aliens lawfully admitted for temporary the allocation of scarce resources; residence during fiscal years 1990 (B) Developing energy policies and through 1993 under section 210A(c)(1) of strategies, including those regarding the INA (8 U.S.C. 1161(c)(1)); and the allocation of scarce resources; (viii) Pursuant to section 210A(b)(2) (C) Reviewing and evaluating Depart- of the INA (8 U.S.C. 1161(b)(2)), estab- mental energy and energy-related pro- lish jointly with the Secretary of grams and programs progress; Labor the information that must be re- (D) Developing agricultural and rural ported by any person or entity who em- components of national energy policy ploys SAWs or RAWs in seasonal agri- plans; and cultural services during fiscal years (E) Preparing reports on energy and 1989 through 1992, and to designate energy-related polices and programs jointly with the Secretary of Labor the required under Acts of Congress and official to whom the person or entity Executive orders, including those in- must furnish such certification. volving testimony and reports on legis- (9) Related to the Capper-Volstead Act. lative proposals. Serve as Chairman of the Capper-Vol- (vi) Provide Departmental oversight stead Act Committee to identify cases and coordination with respect to re- of undue price enhancement by associa- sources available for energy and en- tions of producers and issue complaints ergy-related activities, including funds requiring such associations to show transferred to USDA from other de- cause why an order should not be made partments or agencies of the Federal directing them to cease and desist from Government pursuant to interagency monopolization or restraint of trade. agreements. The Chairman is authorized to call (vii) Establish guidelines for use in upon any agency of the Department for the Federal procurement of biobased support in carrying the functions of products in consultation with the Ad- the Committee (7 U.S.C. 292). ministrators of the Environmental (10) Related to committee management. Protection Agency and General Serv- Establish and reestablish regional, ices and the Director, National Insti- state, and local advisory committees tute of Standards and Technology, and for activities under his or her author- establish, in consultation with the Ad- ity. This authority may not be redele- ministrator of the Environmental Pro- gated. tection Agency, a voluntary ‘‘USDA (11) Related to energy. (i) Advise the Certified Biobased Product’’ labeling Secretary and other policy-level offi- program (7 U.S.C. 8102). cials of the Department on energy poli- (viii) Administer a competitive bio- cies and programs, including legisla- diesel fuel education grants program (7 tive and budget proposals. U.S.C. 8104). (ii) Serve as or designate the Depart- (ix) Implement a memorandum of un- ment representative at hearings, con- derstanding with the Secretary of En- ferences, meetings and other contacts ergy regarding cooperation in the ap- with respect to energy and energy-re- plication of hydrogen and fuel cell lated matters, including liaison with technology programs for rural commu- the Department of Energy, the Envi- nities and agricultural producers (7 ronmental Protection Agency and U.S.C. 8107). other governmental agencies and de- [60 FR 56393, Nov. 8, 1995, as amended at 63 partments. FR 66979, Dec. 4, 1998; 64 FR 40735, July 28, (iii) Enter into contracts, grants, or 1999; 68 FR 27442, May 20, 2003] cooperative agreements to further research programs in the food and agri- § 2.30 Director, Office of Budget and culture sciences (7 U.S.C. 3318). Program Analysis. (iv) Enter into cost-reimbursable (a) The following delegations of au- agreements relating to agricultural re- thority are made by the Secretary of search (7 U.S.C. 3319a). Agriculture to the Director, Office of (v) Provide Department leadership in: Budget and Program Analysis:

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(1) Serve as the Department’s Budget and the regulations of the Attorney Officer and exercise general responsi- General contained in 28 CFR part 14; bility and authority for all matters redelegate the authority to consider, as- lated to the Department’s budgeting certain, adjust, determine, com- affairs including: promise, and settle, pursuant to the (i) Resource administration, includ- Federal Tort Claims Act as amended ing all phases of the acquisition, and (28 U.S.C. 2671–2680) and the regulations distribution of funds and staff years; of the Attorney General contained in 28 and CFR part 14, claims less than $2500 that (ii) Legislative and regulatory re- allege the negligence or wrongful act of porting and related activities. an employee of a USDA agency; and (2) Provide staff assistance for the consider, ascertain, adjust, determine Secretary, general officers, and other compromise, and settle claims pursu- Department and agency officials. ant to section 920 of the Federal Agri- (3) Formulate and promulgate De- culture Improvement and Reform Act partmental budgetary, legislative and of 1996, Public Law 104–127 (7 U.S.C. regulatory policies and procedures. 2262a). (4) Represent the Department in con- (b) Certify documents as true copies tacts with the Office of Management of those on file in the Department. and Budget, the General Accounting (c) Sign releases of claims of the Office, the Treasury Department, Con- United States against private persons gressional Committees on Appropria- for damage to or destruction of prop- tions, and other organizations and erty of the department, except those agencies on matters related to his or claims cognizable under the Contract her responsibility. Disputes Act of 1978 (41 U.S.C. 601 et (5) Coordinate and/or conduct policy seq.). and program analyses on agency oper- (d) Responsible for the overall man- ations and proposals to assist the Sec- agement and operation of the Law Li- retary, general officers and other De- brary, furnishing complete legal and partment and agency officials in for- legislative library services to the Of- mulating and implementing USDA fice of the General Counsel and the De- policies and programs. partment. (6) Review and analyze legislation, (e) Make determinations as to wheth- regulations, and policy options to de- er employees of the Department may termine their impact on USDA pro- retain commercial rights in inventions; grams and policy objectives and on the prepare patent applications and pros- Department’s budget. ecute the same before the Patent Of- (7) Monitor ongoing studies with sig- fice. nificant program or policy implica- (f) Represent the Department in for- tions. mal rulemaking and adjudicatory pro- (b) The following authority is re- ceedings held in connection with the served to the Secretary of Agriculture: administration of the Department’s ac- Final approval of the Department’s tivities, and decide whether initial de- program and financial plans. cisions of the administrative law judges shall be appealed by the Depart- § 2.31 General Counsel. ment to the Secretary. The General Counsel, as the chief law (g) Represent the Department in con- officer of the Department, is legal ad- nection with legal issues that arise in viser to the Secretary and other offi- its relations with the Congress, the cials of the Department and respon- General Accounting Office, or other sible for providing legal services for all agencies of the Government. the activities of the Department. The (h) Represent the Department in pro- delegations of authority by the Sec- ceedings before the Interstate Com- retary of Agriculture to the General merce Commission involving freight Counsel include the following: rates on farm commodities, and in ap- (a) Consider, ascertain, adjust, deter- peals from decisions of the Commission mine, compromise, and settle claims to the courts. pursuant to the Federal Tort Claims (i) In civil actions arising out of the Act, as amended (28 U.S.C. 2671–2680), activities of the Department, present

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the Department’s case to the Attorney (i) Coordination of the delegations General and U.S. attorneys and, upon and assignments made to the Depart- request of the Department of Justice, ment under the Defense Production assist in the preparation and trial of Act, 50 U.S.C. App. 2061, et seq., and the such cases and in the briefing and argu- Robert T. Stafford Disaster Relief and ment of such cases at the appellate Emergency Assistance Act, 42 U.S.C. level. 5121, et seq., by Executive Orders 12148, (j) Review cases having criminal as- ‘‘Federal Emergency Management,’’ pects and refer them to the Depart- and 12919, ‘‘National Defense Industrial ment of Justice. Resources Preparedness,’’ and Execu- (k) Act as liaison between the De- tive Order 12656, November 18, 1988, partment and the Department of Jus- ‘‘Assignment of Emergency Prepared- tice. ness Responsibilities,’’ or any suc- (l) Perform the following legal serv- cessor to these Executive Orders, to en- ices: sure that the Department has suffi- (1) Render legal opinions on ques- cient capabilities to respond to any oc- tions arising in the conduct of the De- currence, including natural disaster, partment’s activities; military attack, technological emer- (2) Prepare or review regulations; gency, or any other emergency. (3) Draft proposed legislation; (ii) Activation of the USDA incident (4) Prepare or review contracts, management system and the Federal mortgages, deeds, leases, and other Response Plan responsibilities in the documents; and event of a major incident; (5) Examine titles to land to be ac- (iii) Establishment and oversight of a quired or accepted as security for Departmentwide Incidence Command loans. training program. (m) Perform such other legal services (iv) Development and promulgation as may be required in the administra- of policies for the Department regard- tion of the Department’s activities, in- ing emergency preparedness and na- cluding the defense program. tional security, including matters re- (n) Serve as a member of the Capper- lating to anti-terrorism and agri- Volstead Act Committee to identify culture-related emergency prepared- cases of undue price enhancement by ness planning both national and inter- associations of producers and issue national; and guidance to USDA state complaints requiring such associations and county emergency boards. to show cause why an order should not (v) Representation and liaison for the be made directing them to cease and Department in contacts with other desist from monopolization or restraint Federal entities and organizations, in- of trade (7 U.S.C. 292). cluding the Office of Homeland Secu- (o) Settle claims for damage to, or rity (or successor organization), the loss of, privately owned property pur- Federal Emergency Management Agen- suant to the provisions of 31 U.S.C. cy, the National Security Council, the 3723. Office of Management and Budget, con- (p) Serve on the USDA Hazardous cerning matters of a national security, Materials Policy Council. natural disaster, other emergencies, [60 FR 56393, Nov. 8, 1995, as amended at 61 and agriculture-related international FR 49237, Sept. 19, 1996; 65 FR 12429, Mar. 9, civil emergency planning and related 2000; 70 FR 23927, May 6, 2005; 70 FR 30610, activities, and as the primary USDA May 27, 2005] representative for anti-terrorism activities. § 2.32 Director, Homeland Security (vi) Development and submission of a Staff. coordinated budget request for home- (a) The following delegations of au- land security. thority are made by the Secretary to (2) Serve as the USDA focal point to the Director, Homeland Security Staff: identify, receive, disseminate and store (1) Administer the Department Emer- USDA intelligence requirements and gency Preparedness Program. This in- convey information to the intelligence cludes the: community.

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(3) Serve as the primary point of con- riculture Reorganization Act of 1994, tact for GAO and OIG audits of USDA Pub. L. No. 103–354, title II (7 U.S.C. homeland security activities. 6991 et seq.), including: (4) Coordinate interaction between (a) Deciding appeals from adverse de- Department agencies and private sec- cisions, made by an officer or employee tor businesses and industries in emer- of an agency of the Department des- gency planning and public education ignated by the Secretary, that are ad- under Department authorities dele- verse to participants. The term ‘‘agen- gated or assigned under the Federal cy’’ shall include the following and any Response Plan, the Defense Production predecessor agency: the Farm Service Act 50 U.S.C. App. 2061, et seq., and Rob- Agency; the Commodity Credit Cor- ert T. Stafford Disaster Relief and poration (with respect to domestic pro- Emergency Assistance Act, 42 U.S.C. grams); the Federal Crop Insurance 5121, et seq. Corporation; the Rural Housing Serv- (5) Serve as the document classification authority for the Department. ice; the Rural Business-Cooperative (6) Provide staff support to the USDA Service; the Natural Resources Con- Homeland Security Council. servation Service; and a State, county, (b) [Reserved] or area committee established under section 8(b)(5) of the Soil Conservation [68 FR 27442, May 20, 2003] and Domestic Allotment Act (16 U.S.C. 590h(b)(5)); and § 2.33 Inspector General. (b) The authority to appoint such (a) The following delegations of au- hearing officers and other employees as thority are made by the Secretary of are necessary for the administration of Agriculture to the Inspector General: the activities of the Division. (1) Advise the Secretary and General officers in the planning, development, (c) Prepare a report each year on the and execution of Department policies number of requests for equitable relief and programs. and the disposition of such requests for (2) Provide for the personal security inclusion in the report of the Secretary of the Secretary and the Deputy Sec- to Congress on equitable relief requests retary. made to the Department under farm (3) Serve as liaison official for the and conservation programs (7 U.S.C. Department for all audits of USDA per- 7996(g)(2). formed by the General Accounting Of- [60 FR 56393, Nov. 8, 1995, as amended at 68 fice. FR 27442, May 20, 2003] (4) In addition to the above delegations of authority, the Inspector Gen- § 2.35 Judicial Officer. eral, under the general supervision of (a) Pursuant to the Act of April 4, the Secretary, has specific duties, re- 1940, as amended (7 U.S.C. 450c–450g), sponsibilities, and authorities pursuant and Reorganization Plan No. 2 of 1953 (5 to the Inspector General Act of 1978, U.S.C. app.), the Secretary of Agri- Pub. L. No. 95–452, 5 U.S.C. App. culture makes the following delega- (b) The following authority is reserved to the Secretary of Agriculture: tions of authority to the Judicial Offi- Approving the implementation in the cer. The Judicial Officer is authorized Office of Inspector General of adminis- to: trative policies or procedures that con- (1) Act as final deciding officer in ad- travene standard USDA administrative judicatory proceedings subject to 5 policies as promulgated by the Assist- U.S.C. 556 and 557; ant Secretary for Administration. (2) Act as final deciding officer in adjudicatory proceedings which are or § 2.34 Director, National Appeals Divi- may be subject to the ‘‘Rules of Prac- sion. tice Governing Formal Adjudicatory The Director, National Appeals Divi- Proceedings Instituted by the Sec- sion, under the general supervision of retary Under Various Statutes’’ set the Secretary, has specific duties, re- forth in part 1, subpart H, of this title; sponsibilities, and authorities pursuant (3) Act as final deciding officer in ad- to subtitle H of the Department of Ag- judicatory proceedings which are or

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may be subject to the ‘‘Rules of Prac- or persons so designated by the Sec- tice Governing Cease and Desist Pro- retary of Agriculture. ceedings Under Section 2 of the Capper- [68 FR 27443, May 20, 2003] Volstead Act’’ set forth in part 1, subpart I, of this title; § 2.36 Director, Office of Communica- (4) Act as final deciding officer in ad- tions. judicatory proceedings subject to the (a) Delegations. The following delega- ‘‘Procedures Related to Administrative tions of authority are made by the Sec- Hearings Under the Program Fraud retary of Agriculture to Director, Of- Civil Remedies Act of 1986’’ set forth in fice of Communications: part 1, subpart L, of this title; (1) Related to public affairs. (i) Advise (5) Act as final deciding officer in ad- and counsel general officers on public judicatory proceedings subject to the affairs matters to the Department. ‘‘Rules of Practice Governing Adjudica- (ii) Organize and direct the activities tion of Sourcing Area Applications and of a public affairs office to include Formal Review of Sourcing Areas Pur- press relations of the secretary of agri- suant to the Forest Resources Con- culture and other executive functions servation and Shortage Relief Act of and services for general officers of the 1990 (16 U.S.C. 620, et seq.)’’ set forth in Department. part 1, subpart M, of this title; (2) Related to information activities. (i) (6) Act as final deciding officer in Advise the secretary and general offi- rate proceedings under the Packers and cers in the planning, development, and Stockyards Act, as amended and sup- execution of Department policies and plemented (7 U.S.C. 181–229); programs. (ii) Direct and coordinate the overall (7) Act as final deciding officer in formulation and development of poli- reparation proceedings under statutes cies, programs, plans, procedures, administered by the United States De- standards and organization structures partment of Agriculture; and staffing patterns for the informa- (8) Act as final deciding officer in ap- tion activities of the Department and peals under section 63 of the Plant Va- its agencies, both in Washington and in riety Protection Act (7 U.S.C. 2443), the field. and in reexamination proceedings (iii) Exercise final review and ap- under section 91 of the Plant Variety proval of all public information mate- Protection Act, as amended (7 U.S.C. rial prepared by the Department and 2501); its agencies and select the most effec- (9) Act as final deciding officer in ad- tive method and audience for distrib- judicatory proceedings under section uting this information. 359i of the Agricultural Adjustment (iv) Serve as the central public infor- Act of 1938, as amended (7 U.S.C. mation authority in the USDA, with 1359ii); and the authority to determine policy for (10) Issue rules of practice applicable all USDA communication activities to proceedings conducted under section and agency information activities in 359i of the Agricultural Adjustment order to provide leadership and central- Act of 1938, as amended (7 U.S.C. ized operational direction for USDA 1359ii). and agency information activities so (b) The delegation of authority from that all material shall effectively sup- the Secretary of Agriculture to the Ju- port USDA policies and programs, in- dicial Officer in paragraph (a) of this cluding the defense program. section shall not be construed to limit (v) Serve as the central printing au- the authority of the Judicial Officer to thority in the USDA, with authority to perform any functions, in addition to represent the USDA with Joint Com- those identified in the Act of April 4, mittee on Printing of the Congress, the 1940, as amended (7 U.S.C. 450c–450g), Government Printing Office, and other which may be assigned by the Sec- Federal and State agencies on informa- retary of Agriculture to the Judicial tion matters. Officer. (vi) Cooperate with and secure the (c) As used in this section, the term cooperation of commercial, industrial Judicial Officer shall mean any person and other nongovernmental agencies

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and concerns regarding information information technology program or work as required in the execution of project. the Department’s programs. (3) Providing advice and other assist- (vii) Plan and direct communication ance to the Secretary and other senior research and training for the Depart- management personnel to ensure that ment and its agencies. information technology is acquired and (viii) Oversee general officers and managed for the Department con- agency heads in the development and sistent with chapter 35 of title 44, implementation of information policies United States Code (Coordination of issued pursuant to the provisions of the Federal Information Policy). ‘‘Freedom of Information Act’’ (5 (4) Developing, implementing, and U.S.C. 552) and the ‘‘Privacy Act’’ (5 maintaining a sound and integrated U.S.C. 552a), and provide consultation Departmentwide information tech- regarding those policies. nology architecture. (ix) Supervise and provide leadership (5) Promoting the effective and effi- and final clearance for the planning, cient design and operation of all major production, and distribution of visual information resources management information material for the depart- processes for the Department, includ- ment and its agencies in Washington, ing improvements to work processes of D.C., and the field, and provide such in- the Department. formation services as may be deemed (6) Approving the acquisition or pro- necessary. curement of information technology (x) Maintain overall responsibility resources by, or on behalf of, any De- and control over the preparation of the partment agency or office. ‘‘Agricultural Decisions.’’ (7) Providing guidance and assistance (xi) Administer, direct and coordi- to Department procurement personnel nate publications and user fee author- with respect to information technology ity granted under section 1121 of the acquisition strategy and policy. Agriculture and Food Act of 1981, as (8) The Chief Information Officer is amended by section 1769 of the Food designated the Major Information Security Act of 1985, 7 U.S.C. 2242a; and Technology Systems Executive in publish any appropriate regulations USDA to integrate and unify the man- necessary to the exercise of this au- agement process for the Department’s thority. major information technology system (b) [Reserved] acquisitions and to monitor implementation of the policies and practices set § 2.37 Chief Information Officer. forth in Circular A–109, Major Systems (a) Delegation. The Chief Information Acquisitions, for information tech- Officer, under the supervision of the nology. This includes the authority to: Secretary, is responsible for executing (i) Ensure that OMB Circular A–109 is the duties enumerated in Public Law effectively implemented for informa- 104–106 for agency Chief Information tion technology systems in the Depart- Officers, as follows: ment and that the management objec- (1) Reporting directly to the Sec- tives of the Circular are realized; retary of Agriculture regarding infor- (ii) Review the program management mation technology matters. of each major information technology (2) Overseeing all information tech- system acquisition; nology and information resource man- (iii) Approve the appointment of the agement activities relating to the pro- program manager for each major infor- grams and operations of the Depart- mation technology systems acquisi- ment and component agencies. This tion; and oversight includes approving informa- (iv) Designate any Departmental in- tion technology investments, moni- formation technology acquisition as a toring and evaluating the performance major system acquisition under OMB of those investments and information Circular A–109. resource management activities, ap- (9) On an annual basis: proval of all architectures and compo- (i) Assessing Departmentwide per- nents thereto and determining whether sonnel requirements regarding knowl- to continue, modify, or terminate an edge and skill in information resources

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management, and the adequacy of such rangements; systems installation; sys- requirements, to achieve the perform- tems performance and capacity evalua- ance goals established for information tion; and security. Monitoring these resources management. activities for agencies’ major systems (ii) Developing strategies and specific development efforts to assure effective plans for hiring, training, and profes- and economic use of resources and sional development at the executive compatibility among systems of var- and management level to meet per- ious agencies when required; sonnel information technology per- (iii) Managing the Department Com- sonnel requirements. puter Centers, with the exception of (iii) Reporting to the Secretary on the National Finance Center, including progress made in improving informa- setting rates to recover the cost of tion resources management capability. goods and services within approved pol- (10) The Chief Information Officer is icy and funding levels; designated as the senior official to (iv) Reviewing and evaluating infor- carry out the responsibilities of the De- mation technology activities related to partment under chapter 35 of title 44, delegated functions to assure that they United States Code (Coordination of conform to all applicable Federal and Federal Information Policy), including: Department information technology (i) Ensuring that the information management policies, plans, standards, policies, principles, standards, guide- procedures, and guidelines; lines, rules and regulations prescribed (v) Designing, developing, imple- by the Office of Management and Budg- menting, and revising systems, proc- et are appropriately implemented with- esses, work methods, and techniques to in the Department; improve the management and oper- (ii) Reviewing proposed Department ational effectiveness of information re- reporting and record keeping require- sources; ments, including those contained in (vi) Administering the Departmental rules and regulations, to ensure that records, forms, reports and Directives they impose the minimum burden upon Management Programs; the public and have practical utility (vii) Managing all aspects of the for the Department; USDA Telecommunications Program (iii) Developing and implementing including planning, development, ac- procedures for assessing the burden to quisition, and use of equipment and the public and costs to the Department systems for voice and data communica- of information requirements contained tions, excluding the actual procure- in proposed legislation affecting De- ment of data transmission equipment, partment programs; and software, maintenance, and related (iv) Assisting the Office of Manage- supplies; ment and Budget in the performance of (viii) Managing Departmental tele- its functions assigned under the Paper- communications contracts; work Reduction Act of 1995 (44 U.S.C. (ix) Providing technical advice 3501–3520), including review of Depart- throughout the Department; ment information activities. (x) Implementing a program for ap- (11) The Chief Information Officer is plying information resources manage- responsible for: ment technology to improve produc- (i) Providing Departmentwide guid- tivity in the Department; ance and direction in planning, devel- (xi) Planning, developing, installing, oping, documenting, and managing ap- and operating computer-based systems plications software projects in accord- for message exchange, scheduling, com- ance with Federal and Department in- puter conferencing, and other applica- formation processing standards, proce- tions of office automation technology dures, and guidelines; which can be commonly used by mul- (ii) Providing Departmentwide guid- tiple Department agencies and offices; ance and direction in all aspects of in- (xii) Representing the Department in formation technology, including feasi- contacts with the General Accounting bility studies; economic analyses; sys- Office, the General Services Adminis- tems design; acquisition of equipment, tration, the Office of Management and software, services, and timesharing ar- Budget, the National Institute for

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Science and Technology, and other or- (whether through the award or modi- ganizations or agencies on matters re- fication of a procurement contract, a lated to delegated responsibilities; and cooperative or other agreement with a (xiii) Review, clear, and coordinate non-Federal party, or an interagency all statistical forms, survey plans, and agreement) to ensure technical con- reporting and record keeping require- formance to the Department technical ments originating in the Department architecture. and requiring approval by the Office of (13) Provide management and oper- Management and Budget under the Pa- ational support to the Secretary of Ag- perwork Reduction Act of 1995 (44 riculture; the general staff offices; the U.S.C. 3501–3520). offices and agencies reporting to the (12) Implementing policies estab- Assistant Secretary for Administration lished pursuant to paragraphs (a)(1) and for any other offices or agencies of through (11) of this section by: the Department as may be agreed. As (i) Disposing of information tech- used in this section, such support serv- nology that is acquired by a Depart- ices shall include: ment agency in violation of procedures (i) Information technology services, or standards for the Department Infor- as listed in paragraph (a)(11)(v) of this mation Systems Technology Architec- section with authority to take actions ture; required by law or regulation to per- (ii) Establishing information tech- form such services; and nology and information resources man- (ii) Forms management, files management performance standards for agement, and directives management agency Chief Information Officers, in- with authority to take actions required formation resources managers, and by law or regulation to perform such project managers to be used in the per- services. formance appraisal process; (b) [Reserved] (iii) Approving the selection of agen- [65 FR 77761, Dec. 13, 2000] cy Chief Information Officers and agency major information technology system project managers in accordance Subpart E [Reserved] with criteria to be promulgated by the Chief Information Officer; Subpart F—Delegations of Author- (iv) Provide recommendations to ity by the Under Secretary for Agency Heads for the removal or re- Farm and Foreign Agricultural placement of information technology Services project managers, when, in the opinion of the Chief Information Officer, appli- EDITORIAL NOTE: Nomenclature changes to cable laws and policies are being vio- subpart F appear at 60 FR 66713, Dec. 26, 1995. lated, or, when the cost, schedule, or performance of an information tech- § 2.40 Deputy Under Secretary for nology project would indicate manage- Farm and Foreign Agricultural ment deficiencies; Services. (v) Withdrawing agencies’ authority Pursuant to § 2.16(a), subject to res- to obligate funds on Information Tech- ervations in § 2.16(b), and subject to nology programs or projects if the policy guidance and direction by the agency violates the Chief Information Under Secretary, the following delega- Officer policies, standards, or Depart- tion of authority is made to the Dep- ment Information Systems Technology uty Under Secretary for Farm and For- Architecture; eign Agricultural Services, to be exer- (vi) Requiring agencies to validate cised only during the absence or un- and verify major information tech- availability of the Under Secretary: nology systems through the use of an Perform all the duties and exercise all existing contract for such purpose des- the powers which are now or which ignated by the Chief Information Offi- may hereafter be delegated to the cer; and Under Secretary for Farm and Foreign (vii) Requiring approval by the Chief Agricultural Services: Provided, that Information Officer of any proposed ac- this authority shall be exercised by the quisition of information technology respective Deputy Under Secretary in

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the order in which he or she has taken Agricultural Act of 1970, as amended office as a Deputy Under Secretary. (16 U.S.C. 1501 et seq.), and under the Soil Conservation and Domestic Allot- § 2.42 Administrator, Farm Service ment Act, as amended (16 U.S.C. 590g et Agency. seq.). (a) Delegations. Pursuant to § 2.16(a)(1) (5) Administer responsibilities and through (a)(4) and (a)(6) through (a)(8), functions assigned under the Defense subject to the reservations in Production Act of 1950, as amended (50 § 2.16(b)(1), the following delegations of U.S.C. App. 2061 et seq.), and title VI of authority are made by the Under Sec- the Robert T. Stafford Disaster Relief retary for Farm and Foreign Agricul- and Emergency Assistance Act (42 tural Services to the Administrator, U.S.C. 5195 et seq.), relating to agricul- Farm Service Agency: tural production; food processing, stor- (1) Formulate policies and administer age, and distribution of farm equip- programs authorized by the Agricul- ment and fertilizers. rehabilitation and tural Adjustment Act of 1938, as use of feed, agricultural and related ag- amended (7 U.S.C. 1282 et seq.). ribusiness facilities; and farm credit (2) Formulate policies and administer and financial assistance. programs authorized by the Agricul- (6) Administer the Emergency Con- tural Act of 1949, as amended (7 U.S.C. servation Program under the Agricul- 1441 et seq.), except the provisions of tural Credit Act of 1978, as amended (16 section 416(a)(1), (a)(2) and (b) of the U.S.C. 2201 et seq.). Agricultural Act of 1949, as amended, (7) Conduct fiscal, accounting and unless specifically provided herein. claims functions relating to CCC pro- (3) Coordinate and prevent duplica- grams for which the Foreign Agricul- tion of aerial photographic work of the tural Service has been delegated au- Department, including: thority under § 2.43 and, in conjunction (i) Clearing photography projects; with other agencies of the U.S. Govern- (ii) Assigning symbols for new aerial ment, develop and formulate agree- photography, maintaining symbol ments to reschedule amounts due from records, and furnishing symbol books; foreign countries. (iii) Recording departmental aerial (8) Conduct assigned activities under photography flow and coordinating the the Strategic and Critical Materials issuance of aerial photography status Stockpiling Act, as amended (50 U.S.C. maps of latest coverage; 98 et seq.). (iv) Promoting interchange of tech- (9) Supervise and direct Farm Service nical information and techniques to de- Agency State and county offices and velop lower costs and better quality; designate functions to be performed by (v) Representing the Department on Farm Service Agency State and county committees, task forces, work groups, committees. and other similar groups concerned (10) Administer the Dairy Indemnity with aerial photography acquisition Program under the Act of August 13, and reproduction; 1968, as amended (7 U.S.C. 450j et seq.). (vi) Providing a Chairperson for the (11) Administer procurement, proc- Photography Sales Committee of the essing, handling, distribution, disposi- Department; tion, transportation, payment, and re- (vii) Coordinating development, prep- lated services with respect to surplus aration, and issuance of specifications removal and supply operations which for aerial photography for the Depart- are carried out under section 210 of the ment; Agricultural Act of 1956 (7 U.S.C. 1859), (viii) Coordinating and performing the Act of August 19, 1958, as amended procurement, inspection, and applica- (7 U.S.C. 1431 note), and section 709 of tion of specifications for USDA aerial the Food and Agriculture Act of 1965, photography; as amended (7 U.S.C. 1446a-1), except as (ix) Maintaining library and files of delegated to the Under Secretary for USDA aerial film and retrieving and Food, Nutrition, and Consumer Serv- supplying reproductions on request. ices in § 2.19 and to the Under Secretary (4) Administer the Agricultural Con- for Farm and Foreign Agricultural servation Program under title X of the Services in § 2.16(a)(3), and assist the

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Food and Consumer Service and the ment Act relating to assignment of Agricultural Marketing Service in the payments (16 U.S.C. 590h(g)). procurement, handling, payment, and (20) Formulate and carry out the related services under section 32 of the Conservation Reserve Program under Act of August 24, 1935, as amended (7 the Food Security Act of 1985, as U.S.C. 612c), the Act of June 28, 1937, as amended (16 U.S.C. 1231 et seq.). amended (7 U.S.C. 713c), the National (21) Carry out functions relating to School Lunch Act, as amended (42 highly erodible land and wetland con- U.S.C. 1751 et seq.), section 8 of the servation under sections 1211–1213 and Child Nutrition Act of 1966, as amended 1221–1223 of the Food Security Act of (42 U.S.C. 1777), section 311 of the Older 1985, as amended (16 U.S.C. 3811–3813 Americans Act of 1965, as amended (42 and 3821–3823). U.S.C. 3030a), and section 4(a) of the (22) With respect to land and facili- Agriculture and Consumer Protection ties under his or her authority, exer- Act of 1973, as amended (7 U.S.C. 612c cise the functions delegated to the Sec- note), and section 1114 of the Agri- retary by Executive Order 12580, 3 CFR, culture and Food Act of 1981 (7 U.S.C. 1987 Comp., p. 193, under the following 1431e). provisions of the Comprehensive Envi- (12) Administer commodity procure- ronmental Response, Compensation, ment and supply, transportation (other and Liability Act of 1980 (‘‘the Act’’), than from point of export, except for as amended: movement to trust territories or pos- (i) Sections 104(a), (b), and (c)(4) of sessions), handling, payment,and re- the Act (42 U.S.C. 9604(a), (b), and lated services in connection with pro- (c)(4)), with respect to removal and re- grams under titles II and III of Public medial actions in the event of release Law 480 (7 U.S.C. 1691, 1701, et seq.) and or threatened release of a hazardous section 3107 of the Farm Security and substance, pollutant, or contaminant Rural Investment Act of 2002 (7 U.S.C. into the environment; 1736o–1) (except for the authority under (ii) Sections 104(e)–(h) of the Act (42 section 3107(d) to designate federal U.S.C. 9604(e)–(h)), with respect to in- agencies that is reserved to the Presi- formation gathering and access re- dent), and payment and related serv- quests and orders; compliance with ices with respect to export programs Federal health and safety standards and barter operations. and wage and labor standards applicable to covered work; and emergency (13) [Reserved] procurement powers; (14) Administer the Agricultural For- (iii) Section 104(i)(11) of the Act (42 eign Investment Disclosure Act of 1978 U.S.C. 9604(i)(11)), with respect to the (7 U.S.C. 3501 ) except those func- et seq. reduction of exposure to significant tions delegated in § 2.21(a)(8)(xi). risk to human health; (15) Administer energy management (iv) Section 104(j) of the Act (42 activities as assigned. U.S.C. 9604(j)), with respect to the ac- (16) Conduct producer referenda of quisition of real property and interests commodity promotion programs under in real property required to conduct a the Beef Research and Information remedial action; Act, as amended (7 U.S.C. 2901 et seq.) (v) The first two sentences of section and the Agricultural Promotion Pro- 105(d) of the Act (42 U.S.C. 9605(d)), grams Act of 1990, as amended (7 U.S.C. with respect to petition for prelimi- 6001 et seq.). nary assessment of a release or threat- (17) Conduct field operations of diver- ened release; sion programs for fresh fruits and vege- (vi) Section 105(f) of the Act (42 tables under section 32 of the Act of U.S.C. 9605(f)), with respect to consider- August 29, 1935. ation of the availability of qualified (18) Administer the U. S. Warehouse minority firms in awarding contracts, Act, as amended (7 U.S.C. 241–273), and but excluding that portion of section perform compliance examinations for 105(f) pertaining to the annual report Farm Service Agency programs. to Congress; (19) Administer the provisions of the (vii) Section 109 of the Act (42 U.S.C. Soil Conservation and Domestic Allot- 9609), with respect to the assessment of

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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 (24) Administer the Integrated Farm final remedial action plan for any re- Management Program under section medial action or enforcement action, 1451 of the Food, Agriculture, Con- including any settlement or consent servation, and Trade Act of 1990, as decree entered into; amended (7 U.S.C. 5822). (xii) Section 119 of the Act (42 U.S.C. 9119), with respect to indemnifying re- (25) Administer the provisions of sec- sponse action contractors; tion 326 of the Food and Agricultural (xiii) Section 121 of the Act (42 U.S.C. Act of 1962, as amended (7 U.S.C. 1339c), 9621), with respect to cleanup stand- as they relate to any Farm Service ards; and Agency administered program. (xiv) Section 122 of the Act (42 U.S.C. (26) Conduct an Options Pilot Pro- 9622), with respect to settlements, but gram pursuant to sections 1151–1156 of excluding section 122(b)(1) of the Act the Food, Agriculture, Conservation, (42 U.S.C. 9622(b)(1)), related to mixed and Trade Act of 1990, as amended (7 funding agreements. U.S.C. 1421 note). (23) With respect to facilities and ac- (27) Formulate and administer regu- tivities under his or her authority, to lations regarding program ineligibility exercise the authority of the Secretary resulting from convictions under Fed- of Agriculture pursuant to section 1– eral or State law of planting, culti- 102 related to compliance with applica- vating, growing, producing, harvesting, ble pollution control standards and sec- or storing a controlled substance, as tion 1–601 of Executive Order 12088, 3 required under section 1764 of the Food CFR, 1978 Comp., p. 243, to enter into Security Act of 1985 (21 U.S.C. 881a). an inter-agency agreement with the (28) Administer the Consolidated United States Environmental Protec- Farm and Rural Development Act (7 tion Agency, or an administrative con- U.S.C. 1921 et seq.) except for the au- sent order or a consent judgment in an thority contained in the following sec- appropriate State, interstate, or local tions: agency, containing a plan and schedule (i) The authority in section 304(b) (7 to achieve and maintain compliance U.S.C. 1924(b)), relating to small busi- with applicable pollution control ness enterprise loans; standards established pursuant to the (ii) Section 306 (7 U.S.C. 1926), relat- following: ing to all programs in that section; (i) Solid Waste Disposal Act, as (iii) Section 306A (7 U.S.C. 1926a) and amended by the Resource Conservation Section 306B (7 U.S.C. 1926b), relating

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to the Emergency Community Water entryman under the desertland law (7 Assistance Grant Programs; U.S.C. 1006a and 1006b). (iv) Section 306C (7 U.S.C. 1926c) to (35) Administer the Federal Claims administer the water and waste facility Collection Act of 1966, as amended (31 loans and grants to alleviate health U.S.C. 3711 et seq.), and joint regula- risks; tions issued pursuant thereto by the (v) Sections 309 (7 U.S.C. 1929) and Attorney General and the Comptroller 309A (7 U.S.C. 1929a), regarding assets General (4 CFR chapter II), with re- and programs related to rural develop- spect to claims of the Farm Service ment; Agency. (vi) Section 310A (7 U.S.C. 1931), re- (36) Service, collect, settle, and liq- lating to watershed and resource con- uidate: servation and development loans; (i) Deferred land purchase obligations (vii) Section 310B (7 U.S.C. 1932), re- of individuals under the Wheeler-Case garding rural industrialization assist- Act of August 11, 1939, as amended (16 ance; U.S.C. 590y), and under the item, (viii) Section 312(b) (7 U.S.C. 1942(b)), ‘‘Water Conservation and Utilization relating to small business enterprises; projects’’ in the Department of the In- terior Appropriation Act, 1940 (53 Stat. (ix) Section 342 (7 U.S.C. 1013a); 719), as amended; (x) Section 364 (7 U.S.C. 2006f), sec- (ii) Puerto Rican Hurricane Relief tion 365 (7 U.S.C. 2008), section 366 (7 loans under the Act of July 11, 1956 (70 U.S.C. 2008a), section 367 (7 U.S.C. Stat. 525); and 2008b), and section 368 (7 U.S.C. 2008c), (iii) Loans made in conformance with regarding assets and programs related section 4 of the Southeast Hurricane to rural development; and Disaster Relief Act of 1965 (79 Stat. (xi) Administrative provisions of sub- 1301). title D of the Consolidated Farm and (37) Administer loans to Indian tribes Rural Development Act related to and tribal corporations (25 U.S.C. 488– Rural Utilities Service, Rural Busi- 492). ness-Cooperative Service, and Rural (38) Administer the State Agricul- Housing Service activities. tural Loan Mediation Program under (29) Collect, service, and liquidate title 5 of the Agricultural Credit Act of loans made or insured by the Farm 1987 (7 U.S.C. 5101 et seq.). Service Agency, or its predecessor (39) Administer financial assistance agencies. programs relating to Economic Oppor- (30) Administer the Rural Rehabilita- tunity Loans to Cooperatives under tion Corporation Trust Liquidation Act part A of title III and part D of title I (40 U.S.C. 440 et seq.), and trust, liquida- and the necessarily related functions in tion, and other agreements entered title VI of the Economic Opportunity into pursuant thereto. Act of 1964, as amended (42 U.S.C. 2763– (31) [Reserved] 2768, 2841–2855, 2942, 2943(b), 2961), dele- (32) Administer Farmers Home Ad- gated by the Director of the Office of ministration or any successor agency Economic Opportunity to the Sec- assets conveyed in trust under the Par- retary of Agriculture by documents ticipation Sales Act of 1966 (12 U.S.C. dated October 23, 1964 (29 FR 14764), and 1717). June 17, 1968 (33 FR 9850), respectively. (33) Administer the emergency loan (40) Exercise all authority and discre- and guarantee programs under sections tion vested in the Secretary by section 232, 234, 237, and 253 of the Disaster Re- 331(c) of the Consolidated Farm and lief Act of 1970 (Pub. L. No. 91–606), the Rural Development Act, as amended by Disaster Relief Act of 1969 (Pub. L. No. section 2 of the Farmers Home Admin- 91–79), Pub. L. No. 92–385, approved Au- istration Improvement Act of 1994, gust 16, 1972, and the Emergency Live- Pub. L. No. 103–248 (7 U.S.C. 1981(c)), in- stock Credit Act of 1974 (Pub. L. No. 93– cluding the following: 357), as amended. (i) Determine, with the concurrence (34) Administer loans to homestead of the General Counsel, which actions or desertland entrymen and purchasers are to be referred to the Department of of land in reclamation projects or to an Justice for the conduct of litigation,

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and refer such actions to the Depart- (47) Administer programs for Apple ment of Justice through the General Loans and Emergency Loans for Seed Counsel; Producers under section 203(f) and 253, (ii) Determine, with the concurrence respectively, of the Agricultural Risk of the General Counsel, which actions Protection Act of 2000 (7 U.S.C. 1421 are to be referred to the General Coun- note, Pub. L. 106–224). sel, for the conduct of litigation and (48) Administer evaluations of direct refer such actions; and and guaranteed loan programs under (iii) Enter into contracts with pri- section 5301 of the Farm Security and vate sector attorneys for the conduct Rural Investment Act of 2002 (7 U.S.C. of litigation, with the concurrence of 1992 note). the General Counsel, after determining (b) Reservations. The following au- that the attorneys will provide com- thorities are reserved to the Under Sec- petent and cost effective representa- retary for Farm and Foreign Agricul- tion for the Farm Service Agency. tural Services: (41) [Reserved] (1) Designating counties and areas for (42) Administer the provisions con- emergency programs under Pub. L. No. cerning the end-use certificate system 85–58, as amended. authorized pursuant to section 301(f) of (2) Making and issuing notes to the the North American Free Trade Imple- Secretary of the Treasury for the pur- mentation Act (19 U.S.C. 3391(f)). poses of the Agricultural Credit Insur- ance Fund as authorized by the Con- (43) Determine the type and quantity solidated Farm and Rural Development of commodities that are available for Act (7 U.S.C. 1929). programming under section 416(b) of the Agricultural Act of 1949 (7 U.S.C. [60 FR 56393, Nov. 8, 1995, as amended at 61 1431(b)), and the Food for Progress Act FR 25776, May 23, 1996; 61 FR 37552, July 18, of 1985 (7 U.S.C. 1736o), and arrange for 1996; 62 FR 1031, Jan. 8, 1997; 62 FR 19901, Apr. the processing, packaging, transpor- 24, 1997; 68 FR 27443, May 20, 2003; 69 FR 34254, tation, handling and delivery to port of June 21, 2004] such commodities in connection there- § 2.43 Administrator, Foreign Agricul- with. tural Service. (44) Formulate policies and admin- (a) Delegations. Pursuant to § 2.16 ister programs authorized by Title I of (a)(3) and (a)(6), subject to reservations the Federal Agriculture Improvement in § 2.16(b)(2), the following delegations and Reform Act of 1996. of authority are made by the Under (45) Administer all programs of the Secretary for Farm and Foreign Agri- Commodity Credit Corporation that cultural Services to the Administrator, provide assistance with respect to the Foreign Agricultural Service: production of agricultural commod- (1) Coordinate the carrying out by ities, including disaster assistance and Department agencies of their functions the domestic marketing of such com- involving foreign agriculture policies modities, except as may otherwise be and programs and their operations and reserved by the Under Secretary for activities in foreign areas. Act as liai- Farm and Agricultural Services. son on these matters and functions re- (46) Administer the following provi- lating to foreign agriculture between sions of the Farm Security and Rural the Department of Agriculture and the Investment Act of 2002 with respect to Department of State, the United States functions otherwise delegated to the Trade Representative, the Trade Policy Administrator, Farm Service Agency: Committee, the Agency for Inter- (i) The equitable relief provisions of national Development and other de- section 1613 (7 U.S.C. 7996). partments, agencies and committees of (ii) The tracking of benefits under the U.S. Government, foreign govern- section 1614 (7 U.S.C. 7997). ments, the Organization for Economic (iii) The development of a plan and Cooperation and Development, the Eu- related report to coordinate land re- ropean Union, the Food and Agri- tirement and agricultural working land culture Organization of the United Na- conservation programs under section tions, the International Bank for Re- 2005 (16 U.S.C. 3801 note). construction and Development, the

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Inter-American Development Bank, retary for Marketing and Regulatory the Organization of American States, Programs. and other public and private United (5) Conduct Department activities to States and international organizations, carry out the provisions of the Inter- and the contracting parties to the Gen- national Coffee Agreement Act of 1968 eral Agreement on Tariffs and Trade (19 U.S.C. 1356f). (GATT) and the World Trade Organiza- (6) Administer functions of the De- tion (WTO). partment relating to import controls (2) Conduct functions of the Depart- including, among others, functions ment relating to GATT, WTO, the under section 22 of the Agricultural Trade Expansion Act of 1962 (19 U.S.C. Adjustment Act of 1933, as amended (7 1801 et seq.), the Trade Act of 1974 (19 U.S.C. 624), the Harmonized Tariff U.S.C. 2101 et seq.), the Trade Agree- Schedule of the United States (19 ments Act of 1979 (19 U.S.C. 2501 et seq.), U.S.C. 1202), and section 204 of the Ag- the Omnibus Trade and Competition Act of 1988 (19 U.S.C. 2901 et seq.), the ricultural Act of 1956, as amended (7 provisions of subtitle B of title III of U.S.C. 1854) but not including those the North American Free Trade Agree- functions reserved to the Secretary ment Implementation Act (except the under § 2.16(b)(2) and those relating to provisions concerning the end-use cer- section 8e of the Agricultural Adjust- tificate system authorized pursuant to ment Act of 1933, as amended (7 U.S.C. section 321(f) of that Act (19 U.S.C. 608e–1), as assigned to the Assistant 3391(f)) delegated to the Administrator, Secretary for Marketing and Regu- Farm Service Agency), and other legis- latory Programs. lation affecting international agricul- (7) Represent the Department on the tural trade including the programs de- Interdepartmental Committee for Ex- signed to reduce foreign tariffs and port Control and conduct Depart- other trade barriers. mental activities to carry out the pro- (3) Conduct studies of worldwide provisions of the Export Administration duction, trade, marketing, prices, con- Act of 1969, as amended (50 U.S.C. App. sumption, and other factors affecting 2401 et seq.), except as reserved to the exports and imports of U.S. agricul- Secretary under § 2.16(b)(2). tural commodities; obtain information (8) Exercise the Department’s respon- on methods used by other countries to sibilities in connection with inter- move farm commodities in world trade national negotiations of the Inter- on a competitive basis for use in the national Wheat Agreement and in the development of programs of this De- administration of such agreement. partment; provide information to do- (9) Provide foreign agricultural intel- mestic producers, the agricultural ligence and other foreign agricultural trade, the public and other interests; services in support of programs admin- and promote normal commercial mar- istered by the Department under the kets abroad. This delegation excludes Defense Production Act of 1950, as basic and long-range analyses of world amended (50 U.S.C. App. 2061 et seq.), conditions and developments affecting and title VI of the Robert T. Stafford supply, demand, and trade in farm Disaster Relief and Emergency Assist- products and general economic anal- ance Act (42 U.S.C. 5195 et seq.). yses of the international financial and monetary aspects of agricultural af- (10) Conduct economic analyses per- fairs as assigned to the Under Sec- taining to the foreign sugar situation. retary for Research, Education, and (11) Exercise the Department’s func- Economics. tions with respect to the International (4) Administer Departmental pro- Sugar Agreement or any such future grams concerned with development of agreements. foreign markets for agricultural prod- (12) Exercise the Department’s re- ucts of the United States except func- sponsibilities with respect to tariff- tions relating to export marketing op- rate quotes for dairy products under erations under section 32, of the Act of chapter 4 of the Harmonized Tariff August 23, 1935, as amended (7 U.S.C. Schedule of the United States (19 612c), delegated to the Assistant Sec- U.S.C. 1202).

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(13) Serve as a focal point for han- servation, and Trade Act of 1990 (7 dling quality or weight discrepancy in- U.S.C. 1706). quiries from foreign buyers of U.S. ag- (22) Allocate among the various ex- ricultural commodities to insure that port programs agricultural commod- they are investigated and receive a ities determined under § 2.16(a)(3)(xix) timely response and that reports there- to be available for export. of are made to appropriate parties and (23) Maintain a worldwide agricul- government officials in order that cor- tural intelligence and reporting sys- rective action may be taken. tem, including provision for foreign ag- (14) Formulate policies and admin- ricultural representation abroad to ister programs and activities author- protect and promote U.S. agricultural ized by the Agricultural Trade Act of interests, and to acquire information 1978, as amended (7 U.S.C. 5601 et seq.). on demand, competition, marketing, (15) Formulate policies and admin- and distribution of U.S. agricultural ister barter programs under which ag- commodities abroad pursuant to title ricultural commodities are exported. VI of the Agricultural Act of 1954, as (16) Perform functions of the Depart- amended (7 U.S.C. 1761–1768). ment in connection with the develop- (24) Plan and carry out programs and ment and implementation of agree- activities under the foreign market ments to finance the sale and expor- promotion authority of: The Wheat Re- search and Promotion Act (7 U.S.C. tation of agricultural commodities on 1292 note); the Cotton Research and long-term credit or for foreign cur- Promotion Act (7 U.S.C. 2101–2118); the rencies under Public Law 480 (7 U.S.C. Potato Research and Promotion Act (7 1691, 1701 et seq.). U.S.C. 2611–2627); the Egg Research and (17) Coordinate within the Depart- Consumer Information Act of 1974 (7 ment activities arising under Public U.S.C. 2701–2718); the Beef Research and Law 480 (except as delegated to the Information Act, as amended (7 U.S.C. Under Secretary for Research, Edu- 2901–2918); the Wheat and Wheat Foods cation, and Economics in § 2.21(a)(8)), Research and Nutrition Education Act and to represent the Department in its (7 U.S.C. 3401–3417); the Floral Research relationships in such matters with the and Consumer Information Act of 1981 Department of State, any interagency (7 U.S.C. 4301–4319); subtitle B of title I committee on Public Law 480, and of the Dairy and Tobacco Adjustment other departments, agencies and com- Act of 1983 (7 U.S.C. 4501–4513); the mittees of the Government. Honey Research, Promotion, and Con- (18) Formulate policies and imple- sumer Information Act of 1984, as ment programs to promote the export amended (7 U.S.C. 4601–4612); the Pork of dairy products, as authorized under Promotion, Research, and Consumer section 153 of the Food Security Act of Information Act of 1985 (7 U.S.C. 4801– 1985, as amended (15 U.S.C. 713a–14), and 4819); the Watermelon Research and of sunflowerseed oil and cottonseed oil, Promotion Act, as amended (7 U.S.C. as authorized under section 301(b)(2)(A) 4901–4916); the Pecan Promotion and of the Disaster Assistance Act of 1988, Research Act of 1990 (7 U.S.C. 6001– as amended (7 U.S.C. 1464 note). 6013); the Mushroom Promotion, Re- (19) Formulate policies and imple- search, and Consumer Information Act ment a program for the export sales of of 1990 (7 U.S.C. 6101–6112); the Lime Re- dairy products, as authorized by sec- search, Promotion, and Consumer In- tion 1163 of the Food Security Act of formation Act of 1990 (7 U.S.C. 6201– 1985 (7 U.S.C. 1731 note). 6212); the Soybean Promotion, Re- (20) Carry out activities relating to search, and Consumer Information Act the sale, reduction, or cancellation of of 1990 (7 U.S.C. 6301–6311); the Fluid debt, as authorized by title VI of the Milk Promotion Act of 1990 (7 U.S.C. Agricultural Trade and Development 6401–6417); the Fresh Cut Flowers and Act of 1954, as amended (7 U.S.C. 1738 et Fresh Cut Greens Promotion and Con- seq.). sumer Information Act (7 U.S.C. 6801– (21) Carry out debt-for-health-and- 6814); the Sheep Promotion, Research, protection swaps, as authorized by sec- and Information Act of 1994 (7 U.S.C. tion 1517 of the Food, Agriculture, Con- 7101–7111); The Commodity Promotion,

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Research, and Information Act of 1996 (32) Serve as Department adviser on (7 U.S.C. 7411–7425); the Canola and policies, organizational arrangements, Rapeseed Research, Promotion, and budgets, and actions to accomplish Consumer Information Act (7 U.S.C. International Scientific and Technical 7441–7452); the National Kiwifruit Re- Cooperation in Food and Agriculture. search, Promotion, and Consumer In- (33) Administer and direct the De- formation Act (7 U.S.C. 7461–7473); and, partment’s programs in international the Popcorn Promotion, Research, and development, technical assistance, and Consumer Information Act (7 U.S.C. training carried out under the Foreign 7481–7491). This authority includes de- Assistance Act, as amended, as re- termining the programs and activities quested under such act (22 U.S.C. 2151 et to be undertaken and assuring that seq.). they are coordinated with the overall (34) Administer and coordinate as- departmental programs to develop for- signed Departmental programs in eign markets for U.S. agricultural international research and scientific products. and technical cooperation with other (25) Establish and administer regula- governmental agencies, land grant uni- tions relating to foreign travel by em- versities, international organizations, ployees of the Department. Regula- international agricultural research tions will include, but not be limited centers, and other institutions (7 to, obtaining and controlling passports, U.S.C. 1624, 3291). obtaining visas, coordinating Depart- (35) Direct and coordinate the De- ment of State medical clearances and partment’s participation in scientific imposing requirements for itineraries and technical matters and exchange and contacting the Foreign Agricul- agreements between the United States tural Affairs Officers upon arrival in and other countries. the Officers’ country(ies) of responsi- (36) Direct and coordinate the De- bility. partment’s work with international or- (26) Administer the Foreign Service ganizations and interagency commit- personnel system for the Department tees concerned with food and agricul- in accordance with 22 U.S.C. 3922, ex- tural development programs (7 U.S.C. cept as otherwise delegated in 2201 and 2202). § 2.80(a)(1), but including authority to (37) Coordinate policy formulation represent the Department of Agri- for USDA international science and culture in all interagency consulta- technology programs concerning inter- tions and negotiations with the other national agricultural research centers, foreign agencies with respect to joint international organizations, and inter- regulations and authority to approve national agricultural research and ex- regulations issued by the Department tension activities (7 U.S.C. 3291). of State relating to the administration (38) Disseminate, upon request, infor- of the Foreign Service. mation on subjects connected with ag- (27) Establish and maintain U.S. Ag- riculture which has been acquired by ricultural Trade Offices to develop, USDA agencies that may be useful to maintain and expand international the U.S. private sector in expanding markets for U.S. agricultural commod- foreign markets and investment oppor- ities in accordance with title IV of tunities through the operation of a De- Pub. L. No. 95–501 (7 U.S.C. 1765a–g). partment information center, pursuant (28) Administer the programs under to 7 U.S.C. 2201. section 416(b) of the Agricultural Act of (39) Enter into contracts, grants, co- 1949, as amended (7 U.S.C. 1431(b)), re- operative agreements, and cost reim- lating to the foreign donation of CCC bursable agreements relating to agri- stocks of agricultural commodities, ex- cultural research, extension, or teach- cept as otherwise delegated in ing activities (7 U.S.C. 3318, 3319a). § 2.42(a)(43). (40) Determine amounts reimbursable (29)–(30) [Reserved] for indirect costs under international (31) Administer programs under the agricultural programs and agreements Food for Progress Act of 1985 (7 U.S.C. (7 U.S.C. 3319). 1736o), except as otherwise delegated in (41) Administer the Cochran Fellow- § 2.42(a)(43). ship Program (7 U.S.C. 3293).

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(42) Determine quantity trigger lev- markets to manage risk and support els and impose additional duties under farm income. the special safeguard measures in ac- (3) Provide education in management cordance with U.S. note 2 to sub- of the financial risks inherent in the chapter IV of chapter 99 of the Har- production and marketing of agricul- monized Tariff Schedule of the United tural commodities. States (19 U.S.C. 1202). (b) [Reserved] (43) Implement provisions of the [62 FR 19901, Apr. 24, 1997] Trade Act of 1974 regarding adjustment assistance for farmers. (19 U.S.C. 2401– 2401g). Subpart G—Delegations of Au- (44) Implement section 3107 of the thority by the Under Secretary Farm Security and Rural Investment for Rural Development Act of 2002 (7 U.S.C. 1736o–1), except as otherwise delegated in § 2.42(a)(12) and EDITORIAL NOTE: Nomenclature changes to except for the authority under section subpart G appear at 60 FR 66713, Dec. 26, 1995. 3107(d) to designate federal agencies that is reserved to the President. § 2.45 Deputy Under Secretary for Rural Economic and Community (45) Support remote sensing activi- Development. ties of the Department and research with satellite imagery including: Pursuant to § 2.17(a), subject to res- (i) Providing liaison with U.S. space ervations in § 2.17(b), and subject to programs; policy guidance and direction by the (ii) Providing administrative man- Under Secretary, the following delega- agement of the USDA Remote Sensing tion of authority is made to the Dep- Archive and the transfer of satellite uty Under Secretary for Rural Eco- imagery to all USDA agencies; nomic and Community Development, to be exercised only during the absence (iii) Coordinating all agency satellite or unavailability of the Under Sec- imagery data needs; and retary: Perform all the duties and exer- (iv) Arranging for acquisition, and cise all the powers which are now or preparation of imagery for use to the which may hereafter be delegated to extent of existing capabilities. the Under Secretary for Rural Eco- (b) [Reserved] nomic and Community Development. [60 FR 56393, Nov. 8, 1995, as amended at 61 FR 25776, May 23, 1996; 61 FR 37552, July 18, § 2.47 Administrator, Rural Utilities 1996; 62 FR 40254, July 28, 1997; 68 FR 27443, Service. May 20, 2003; 69 FR 34254, June 21, 2004] (a) Delegations. Pursuant to §§ 2.17 (a)(14) and (a)(16) through (a)(20), and § 2.44 Administrator, Risk Manage- subject to policy guidance and direc- ment Agency and Manager, Federal tion by the Under Secretary for Rural Crop Insurance Corporation. Economic and Community Develop- (a) Delegations. Pursuant to ment, the following delegations of au- § 2.16(a)(4), subject to reservations in thority are made by the Under Sec- § 2.16(b)(3), the following delegations of retary for Rural Economic and Com- authority are made by the Under Sec- munity Development to the Adminis- retary for Farm and Foreign Agricul- trator, Rural Utilities Service: tural Services to the Administrator, (1) Administer the Rural Electrifica- Risk Management Agency, and Man- tion Act of 1936, as amended (7 U.S.C. ager Federal Crop Insurance Corpora- 901, et seq.) except for rural economic tion: development loan and grant programs (1) Appoint such officers and employ- (7 U.S.C. 940c and 950aa, et seq.): Pro- ees as may be necessary for the trans- vided, however, that the Administrator action of the business of the Federal may utilize consultants and attorneys Crop Insurance Corporation and the for the provision of legal services pur- Risk Management Agency. suant to 7 U.S.C. 918, with the concur- (2) Conduct pilot programs involving rence of the General Counsel. revenue insurance, risk management (2) Administer the Rural Electrifica- savings accounts, or the use of futures tion Act of 1938 (7 U.S.C. 903 note).

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(3) The Administrator, Rural Utili- suant thereto by the Attorney General ties Service is designated to serve as and the Comptroller General (4 CFR the chief executive officer of the Rural chapter II), with respect to the claims Telephone Bank. of the Rural Utilities Service. (4) Administer the following sections (10) Administer responsibilities and of the Consolidated Farm and Rural function assigned under the Defense Development Act (7 U.S.C. 1921, et seq.): Production Act of 1950, as amended (50 (i) Section 306 (7 U.S.C. 1926), related U.S.C. App. 2061 et seq.) and title VI of to water and waste facilities. the Robert T. Stafford Disaster Relief (ii) Section 306A (7 U.S.C. 1926a). and Emergency Assistance Act (42 (iii) Section 306B (7 U.S.C. 1926b). U.S.C. 5195 et seq.), relating to rural de- (iv) Section 306C (7 U.S.C. 1926c). velopment credit and financial assist- (v) Section 306D (7 U.S.C. 1926d). ance. (vii) Section 306E (7 U.S.C. 1926e). (11) With respect to land and facili- (vii) Sections 309 (7 U.S.C. 1929 and ties under his or her authority, exer- 309A (7 U.S.C. 1929a), relating to assets cise the functions delegated to the Sec- and programs related to watershed fa- retary by Executive Order 12580, 3 CFR, cilities, resource and conservation fa- 1987 Comp., p. 193, under the following cilities, and water and waste facilities. provisions of the Comprehensive Envi- (viii) Section 305 (7 U.S.C. 1926) relat- ronmental Response, Compensation, ing to hazardous weather early warn- and Liability Act of 1980 (‘‘the Act’’), ing systems. as amended: (ix) Section 310A (7 U.S.C. 1931), re- (i) Sections 104(a), (b), and (c)(4) of lating to watershed and resource con- the Act (42 U.S.C. 9604(a), (b), and servation and development. (c)(4)), with respect to removal and re- (x) Section 310B(b) (7 U.S.C. 1932(b)). medial actions in the event of release (xi) Section 310B(i) (7 U.S.C. 1932(i)), or threatened release of a hazardous relating to loans for business tele- substance, pollutant, or contaminant communications partnerships. into the environment; (xii) Section 342 (7 U.S.C. 1013p). (xiii) Administrative Provisions of (ii) Sections 104(e)–(h) of the Act (42 subtitle D of the Consolidated Farm U.S.C. 9604(e)–(h)), with respect to in- and Rural Development Act relating to formation gathering and access re- Rural Utilities Service activities. quests and orders; compliance with (xiv) Section 379B (7 U.S.C. 2009;). Federal health and safety standards (5) Administer section 8, and those and wage and labor standards applica- functions with respect to repayment of ble to covered work; and emergency obligations under section 4, of the Wa- procurement powers; tershed Protection and Flood Preven- (iii) Section 104(i)(11) of the Act (42 tion Act (16 U.S.C. 1006a, 1004) and ad- U.S.C. 9604(i)(11)), with respect to the minister the Resource Conservation reduction of exposure to significant and Development Program to assist in risk to human health; carrying out resource conservation and (iv) Section 104(j) of the Act (42 development projects in rural areas U.S.C. 9604(j)), with respect to the ac- under section 32(e) of the Bankhead- quisition of real property and interests Jones Farm Tenant Act (7 U.S.C. in real property required to conduct a 1011(e)). remedial action; (6) Administer the Water and Waste (v) The first two sentences of section Loan Program (7 U.S.C. 1926–1). 105(d) of the Act (42 U.S.C. 9605(d)), (7) Administer the Rural Wastewater with respect to petitions for prelimi- Treatment Circuit Rider Program (7 nary assessment of a release or threat- U.S.C. 1926 note). ened release; (8) Collect, service, and liquidate (vi) Section 105(f) of the Act (42 loans made, insured, or guaranteed by U.S.C. 9605(f)), with respect to consider- the Rural Utilities Service or its prede- ation of the availability of qualified cessor agencies. minority firms in awarding contracts, (9) Administer the Federal Claims but excluding that portion of section Collection Act of 1966 (31 U.S.C. 3711 et 105(f) pertaining to the annual report seq.), and joint regulations issued pur- to Congress;

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(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- 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- (13) Administer the Distance Learn- medial action or enforcement action, ing and Medical Link Programs (7 including any settlement or consent U.S.C. 950aaa et seq.). decree entered into; (14) Administer water and waste fa- (xii) Section 119 of the Act (42 U.S.C. cility programs and activities (7 U.S.C. 9119), with respect to indemnifying re- 1926–1). sponse action contractors; (15) Admnister the SEARCH Grants (xiii) Section 121 of the Act (42 U.S.C. for Small Communities Program (7 9621), with respect to cleanup stand- U.S.C. 2009ee et seq.). ards; and (b) Reservations. The following au- (xiv) Section 122 of the Act (42 U.S.C. thority is reserved to the Under Sec- 9622), with respect to settlements, but retary for Rural Economic and Com- excluding section 122(b)(1) of the Act munity Development: (42 U.S.C. 9622(b)(1)), related to mixed (1) Making and issuing notes to the funding agreements. Secretary of the Treasury for the pur- (12) With respect to facilities and ac- poses of the Rural Development Insur- tivities under his or her authority, to ance Fund as authorized by the Con- exercise the authority of the Secretary solidated Farm and Rural Development of Agriculture pursuant to section 1– Act (7 U.S.C. 1929a). 102 related to compliance with applica- (2) Administering loans for rural tele- ble pollution control standards and sec- phone facilities and service in rural tion 1–601 of Executive Order 12088, 3 areas as authorized by the Consoli- CFR, 1978 Comp., p. 243, to enter into dated Farm and Rural Development an inter-agency agreement with the Act (7 U.S.C. 1921 et seq.). United States Environmental Protec- tion Agency, or an administrative con- [60 FR 56393, Nov. 8, 1995, as amended at 66 sent order or a consent judgment in an FR 16593, Mar. 27, 2001; 68 FR 27443, May 20, appropriate State, interstate, or local 2003] agency, containing a plan and schedule to achieve and maintain compliance § 2.48 Administrator, Rural Business- with applicable pollution control Cooperative Service. standards established pursuant to the (a) Delegations. Pursuant to § 2.17 following: (a)(1), (a)(2), (a)(14), (a)(16) through

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(a)(19) and (a)(21), subject to reserva- (7) Administer the Drought and Dis- tions in § 2.17(b)(1), and subject to pol- aster Guaranteed Loan program under icy guidance and direction by the section 331 of the Disaster Assistance Under Secretary for Rural Economic Act of 1988 (7 U.S.C. 1929a note). and Community Development, the fol- (8) Administer the Disaster Assist- lowing delegations of authority are ance for Rural Business Enterprises made by the Under Secretary for Rural Guaranteed Loan Program under sec- Economic and Community Develop- tion 401 of the Disaster Assistance Act ment to the Administrator, Rural Busi- of 1989 (7 U.S.C. 1929a note). ness-Cooperative Service: (9) Administer the Rural Economic (1) Administer the rural economic de- Development Demonstration Grant velopment loan and grant programs Program (7 U.S.C. 2662a). under the Rural Electrification Act (7 (10) Administer the Economically U.S.C. 940c and 950aa et seq.). Disadvantaged Rural Community Loan (2) Administer the following sections program (7 U.S.C. 6616). of the Consolidated Farm and Rural (11) Administer programs authorized Development Act (7 U.S.C. 1921 et seq.): by the Cooperative Marketing Act of (i) Section 306(a)(11)(A) (7 U.S.C. 1926 (7 U.S.C. 451–457). 1926(a)(11)(A)), related grants for busi- (12) Carry out the responsibilities of ness technical assistance and planning; the Secretary of Agriculture relating (ii) Section 304(b) (7 U.S.C. 1924(b)), to the marketing aspects of coopera- relating to small business enterprises; tives, including economic research and (iii) Sections 309 (7 U.S.C. 1929) and analysis, the application of economic 309A (7 U.S.C. 1929a), relating to assets research findings, technical assistance and programs related to rural develop- to existing and developing coopera- ment; tives, education on cooperatives, and (iv) Section 310B (7 U.S.C. 1932), relat- statistical information pertaining to ing to rural industrialization assist- cooperatives as authorized by the Agri- ance, rural business enterprise grants cultural Marketing Act of 1946 (7 U.S.C. and rural technology and cooperative 1621–1627). development grants; (13) Work with institutions and inter- (v) Section 312(b) (7 U.S.C. 1942(b)), national organizations throughout the relating to small business enterprises; world on subjects related to the devel- and opment and operation of agricultural (vi) Administrative Provisions of sub- cooperatives. Such work may be car- title D of the Consolidated Farm and ried out by: Rural Development Act relating to (i) Exchanging materials and results Rural Business-Cooperative Service ac- with such institutions or organiza- tivities; tions; (vii) Section 378 (7 U.S.C., 2008m) re- (ii) Engaging in joint or coordinated lating to the National Rural Develop- activities; or ment Partnership; and (iii) Stationing representatives at (viii) Section 384A et seq. (7 U.S.C. such institutions or organizations in 2009cc et seq.) relating to the Rural foreign countries (7 U.S.C. 3291). Business Investment program. (14) Collect, service, and liquidate (3) Administer Alcohol Fuels Credit loans made, insured, or guaranteed by Guarantee Program Account (Pub L. the Rural Business-Cooperative Service No. 102–341, 106 Stat. 895). or its predecessor agencies. (4) Administer section 1323 of the (15) Administer the Federal Claims Food Security Act of 1985 (7 U.S.C. 1932 Collection Act of 1966 (31 U.S.C. 3711 et note). seq.), and joint regulations issued pur- (5) Administer loan programs in the suant thereto by the Attorney General Appalachian region under sections 203 and the Comptroller General (4 CFR and 204 of the Appalachian Regional chapter II), with respect to the claims Development Act of 1965 (40 U.S.C. App. of the Rural Business-Cooperative 204). Service. (6) Administer section 601 of the Pow- (16) Administer responsibilities and erplant and Industrial Fuel Use Act of functions assigned under the Defense 1978 (Pub. L. No. 95–620). Production Act of 1950, as amended (50

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U.S.C. App. 2061 et seq.), and title VI of money in the Hazardous Substances the Robert T. Stafford Disaster Relief Superfund; and Assistance Act (42 U.S.C. 5195 et (ix) Section 113(k) of the Act (42 seq.), relating to rural development U.S.C. 9613(k)), with respect to estab- credit and financial assistance. lishing an administrative record upon (17) With respect to land and facili- which to base the selection of a re- ties under his or her authority, exer- sponse action and identifying and noti- cise the functions delegated to the Sec- fying potentially responsible parties; retary by Executive Order 12580, 3 CFR, (x) Section 116(a) of the Act (42 U.S.C. 1987 Comp., p. 193, under the following 9616(a)), with respect to preliminary as- provisions of the Comprehensive Envi- sessment and site inspection of facili- ronmental Response, Compensation, ties; and Liability Act of 1980 (‘‘the Act’’), (xi) Sections 117 (a) and (c) of the Act as 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 response 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; (18) With respect to facilities and ac- (iv) Section 104(j) of the Act (42 tivities under his or her authority, to U.S.C. 9604(j)), with respect to the ac- exercise the authority of the Secretary quisition of real property and interests of Agriculture pursuant to section 1– in real property required to conduct a 102 related to compliance with applica- remedial action; ble pollution control standards and sec- (v) The first two sentences of section tion 1–601 of Executive Order 12088, 3 105(d) of the Act (42 U.S.C. 9605(d)), CFR, 1978 Comp., p. 243, to enter into with respect to petitions for prelimi- an inter-agency agreement with the nary assessment of a release or threat- United States Environmental Protec- ened release; tion Agency, or an administrative con- (vi) Section 105(f) of the Act (42 sent order or a consent judgment in an U.S.C. 9605(f)), with respect to consider- appropriate State, interstate, or local ation of the availability of qualified agency, containing a plan and schedule 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.);

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(iii) Safe Drinking Water Act, as development problems of a State or amended (42 U.S.C. 300f et seq.); local area and assure that local groups (iv) Clean Air Act, as amended (42 are receiving adequate and effective U.S.C. 7401 et seq.); technical assistance from Federal (v) Noise Control Act of 1972, as agencies or from local and State gov- amended (42 U.S.C. 4901 et seq.); ernments in formulating development (vi) Toxic Substances Control Act, as programs and in carrying out planned amended (15 U.S.C. 2601 et seq.); development activities (7 U.S.C. 2204b). (vii) Federal Insecticide, Fungicide, (24) Develop a process through which and Rodenticide Act, as amended (7 State, sub-state and local rural devel- U.S.C. 136 et seq.); and opment needs, goals, objectives, plans, (viii) Comprehensive Environmental and recommendations can be received Response, Compensation, and Liability and assessed on a continuing basis (7 Act of 1980, as amended by the Super- U.S.C. 2204b). fund Amendments and Reauthorization (25) Prepare local or area-wide rural Act of 1986 (42 U.S.C. 9601 et seq.). development strategies based on the (19) Administer in rural areas the needs, goals, objectives, plans and rec- process of designation, provision of ommendations of local communities, monitoring and oversight, and provi- sub-state areas and States (7 U.S.C. sion of technical assistance for Em- 2204b). powerment Zones and Enterprise Com- (26) Develop a system of outreach in munities pursuant to section 13301 of the State or local area to promote Pub. L. No. 103–66, Omnibus Budget rural development and provide for the Reconciliation Act of 1993 (26 U.S.C. publication and dissemination of infor- 1391 et seq.). mation, through multi-media methods, (20) Provide leadership and coordina- relating to rural development. Advise tion within the executive branch at the local rural development organizations state and local level of Federal rural of availability of Federal programs and development program utilizing the the type of assistance available, and services of executive branch departments and agencies and the agencies, assist in making contact with Federal bureaus, offices, and services of the De- program contact (7 U.S.C. 2204; 7 U.S.C. partment of Agriculture in coordina- 2204b). tion with rural development programs (27) Administer the assets of the Al- of State and local governments (7 ternative Agricultural Research and U.S.C. 2204). Commercialization Corporation and (21) Coordinate, at the state and local the funds in the Alternative Agricul- level, activities relative to rural devel- tural Research and Commercialization opment among agencies reporting to Fund in accordance with section 6201 of the Under Secretary for Rural Eco- the Farm Security and Rural Invest- nomic and Community Development ment Act of 2000 (see note to 7 U.S.C. and, through appropriate channels, 5901 (repealed)). serve as the coordinating agency for (28) Administer the Value-Added Ag- other departmental agencies having ricultural Product Market Develop- primary responsibilities, in coordina- ment Grant program (note to 7 U.S.C. tion with rural development programs 1621). of State and local governments (7 (29) Administer the Agriculture Inno- U.S.C. 2204). vation Center Demonstration program (22) Work with Federal agencies in (note to 7 U.S.C. 1621). encouraging the creation of local rural (30) Administer the Renewable En- community development organiza- ergy Systems and Energy Efficiency tions. Within a State, assist other Fed- Improvements program (7 U.S.C. 8106). eral agencies in developing means for (b) Reservation. The following author- extending their services effectively to ity is reserved to the Under Secretary rural areas and in designating pilot for Rural Economic and Community projects in rural areas (7 U.S.C. 2204). Development: Making and issuing (23) Conduct assessments to deter- notes to the Secretary of the Treasury mine how programs of the Department for the purposes of the Rural Develop- can be brought to bear on the economic ment Insurance Fund as authorized by

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the Consolidated Farm and Rural De- and 253 of the Disaster Relief Act of velopment Act (7 U.S.C. 1929a). 1970 (Pub. L. No. 91–606). (5) Collect, service, and liquidate [60 FR 56393, Nov. 8, 1995, as amended at 66 FR 33107, June 11, 2001; 68 FR 27444, May 20, loans made, insured or guaranteed by 2003] the Rural Housing Service or its predecessor agencies. § 2.49 Administrator, Rural Housing (6) Exercise all authority and discre- Service. tion vested in the Secretary by section (a) Delegations. Pursuant to 510(d) of the Housing Act of 1949, as § 2.17(a)(14), (a)(16) through (a)(19) and amended by section 1045 of the Stewart (a)(22), and subject to policy guidance B. McKinney Homeless Assistance and directions by the Under Secretary Amendments Act of 1988, Pub. L. No. for Rural Economic and Community 100–628 (42 U.S.C. 1480(d)), including the Development, the following delegations following: are made by the Under Secretary for (i) Determine, with the concurrence Rural Economic and Community De- of the General Counsel, which actions velopment to the Administrator, Rural are to be referred to the Department of Housing Service: Justice for the conduct of litigation, (1) Administer the following under and refer such actions to the Depart- the Consolidated Farm and Rural De- ment of Justice through the General velopment Act (7 U.S.C. 1921 et seq.): Counsel; (i) Section 306 (7 U.S.C. 1926) except (ii) Determine, with the concurrence subsection 306(a)(11) and except financ- of the General Counsel, which actions ing for water and waste disposal facili- are to be referred to the General Coun- ties; hazardous weather early warning sel for the conduct of litigation and systems; grazing facilities; irrigation refer such actions; and and drainage facilities; rural elec- (iii) Enter into contracts with pri- trification or telephone systems or fa- vate sector attorneys for the conduct cilities; and hydro-electric generating of litigation, with the concurrence of and related distribution systems and the General Counsel, after determining supplemental and supporting struc- that the attorneys will provide com- tures if they are eligible for Rural Util- petent and cost effective representa- ities financing; tion for the Rural Housing Service and (ii) Section 309A (7 U.S.C. 1929a), re- representation by the attorney will ei- garding assets and programs relating ther accelerate the process by which a to community facilities; and family or person eligible for assistance (iii) Administrative Provisions of under section 502 of the Housing Act of subtitle D of the Consolidated Farm 1949 will be able to purchase and oc- and Rural Development Act relating to cupy the housing involved, or preserve Rural Housing Service activities; the quality of the housing involved. (iv) Section 379 (7 U.S.C. 2008n) relat- (7) Administer the Federal Claims ing to the Rural Telework program. Collection Act of 1966 (31 U.S.C. 3711 et (v) Section 379A (7 U.S.C. 2008o) relat- seq.), and joint regulations issued pur- ing to the Historic Barn Preservation suant thereto by the Attorney General program. and the Comptroller General (4 CFR (vi) Section 379C (7 U.S.C. 2008q) re- chapter II), with respect to claims of lating to the Farm Workers Training the Rural Housing Service. Grant program. (8) Administer responsibilities and (2) Administer title V of the Housing function assigned under the Defense Act of 1949 (42 U.S.C. 1471 et seq.), ex- Production Act of 1950, as amended (50 cept those functions pertaining to re- U.S.C. App. 2061 et seq.) and title VI of search. the Robert T. Stafford Disaster Relief (3) Make grants, administer a grant and Emergency Assistance Act (42 program, and determine the types of U.S.C. 5195 et seq.), relating to rural assistance to be provided to aid low-in- housing and community development come migrant and seasonal farm- credit and financial assistance. workers (42 U.S.C. 5177a). (9) With respect to land and facilities (4) Administer the rural housing dis- under his or her authority, exercise the aster program under sections 232, 234, functions delegated to the Secretary by

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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 response 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; (10) With respect to facilities and ac- (iv) Section 104(j) of the Act (42 tivities under his or her authority, to U.S.C. 9604(j)), with respect to the ac- exercise the authority of the Secretary quisition of real property and interests of Agriculture pursuant to section 1– in real property required to conduct a 102 related to compliance with applica- remedial action; ble pollution control standards and sec- (v) The first two sentences of section tion 1–601 of Executive Order 12088, 3 105(d) of the Act (42 U.S.C. 9605(d)), CFR, 1978 Comp., p. 243, to enter into with respect to petitions for prelimi- an inter-agency agreement with the nary assessment of a release or threat- United States Environmental Protec- ened release; tion Agency, or an administrative con- (vi) Section 105(f) of the Act (42 sent order or a consent judgment in an U.S.C. 9605(f)), with respect to consider- appropriate State, interstate, or local ation of the availability of qualified agency, containing a plan and schedule 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.);

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(vii) Federal Insecticide, Fungicide, edible products thereof; voluntary in- and Rodenticide Act, as amended (7 spection and certification of technical U.S.C. 136 et seq.); and animal fat; certified products for dogs, (viii) Comprehensive Environmental cats and other carnivora; voluntary in- Response, Compensation, and Liability spection of rabbits and edible products Act of 1980, as amended by the Super- thereof; and voluntary inspection and fund Amendments and Reauthorization certification of edible meat and other Act of 1986 (42 U.S.C. 9601 et seq.). products. (11) Administer the Rural Fire- (2) Exercise the functions of the Sec- fighters and Emergency Personnel retary of Agriculture contained in the Grant program (7 U.S.C. 2655). following legislation: (b) Reservation. The following authority is reserved to the Under Secretary (i) Poultry Products Inspection Act, for Rural Economic and Community as amended (21 U.S.C. 451–470); Development: Making and issuing (ii) Federal Meat Inspection Act, as notes to the Secretary of the Treasury amended, and related legislation, ex- for the purposes the Rural Develop- cluding sections 12–14, and also exclud- ment Insurance Fund as authorized by ing so much of section 18 as pertains to the Consolidated Farm and Rural De- issuance of certificates of condition of velopment Act (7 U.S.C. 1929(a)) and live animals intended and offered for the Rural Housing Insurance Fund as export (21 U.S.C. 601–611, 615–624, 641– authorized by title V of the Housing 645, 661, 671–680, 691–692, 694–695); Act of 1949 (41 U.S.C. 1487). (iii) Egg Products Inspection Act, ex- [60 FR 56393, Nov. 8, 1995, as amended at 66 cept for the shell egg surveillance pro- FR 16593, Mar. 27, 2001; 68 FR 27444, May 20, gram, voluntary laboratory analyses of 2003] egg products, and the voluntary egg grading program (21 U.S.C. 1031–1056); Subpart H—Delegations of Author- (iv) Talmadge-Aiken Act (7 U.S.C. ity by the Under Secretary for 450) with respect to cooperation with Food Safety States in administration of the Federal Meat Inspection Act and the Poultry § 2.51 Deputy Under Secretary for Products Inspection Act; Food Safety. (v) Humane Slaughter Act (7 U.S.C. Pursuant to § 2.18, and subject to pol- 1901–1906); and icy guidance and direction by the (vi) Defense Production Act of 1950, Under Secretary, the following delega- as amended (50 U.S.C. App. 2061 et seq.), tion of authority is made by the Under and title VI of the Robert T. Stafford Secretary for Food Safety to the Dep- Disaster Relief and Emergency Assist- uty Under Secretary for Food Safety, ance Act (42 U.S.C. 5195 et seq.), relat- to be exercised only during the absence ing to wholesomeness of meat and or unavailability of the Under Sec- poultry and products thereof and in- retary: Perform all the duties and exer- spection of egg and egg products. cise all the powers which are now or (3) With respect to land and facilities which may hereafter be delegated to under his or her authority, exercise the the Under Secretary for Farm and For- functions delegated to the Secretary by eign Agricultural Services. Executive Order 12580, 3 CFR, 1987 § 2.53 Administrator, Food Safety and Comp., p. 193, under the following pro- Inspection Service. visions of the Comprehensive Environ- (a) Delegations. Pursuant to § 2.18, the mental Response, Compensation, and following delegations of authority are Liability Act of 1980 (‘‘the Act’’), as made by the Under Secretary for Food amended: Safety to the Administrator, Food (i) Sections 104 (a), (b), and (c)(4) of Safety and Inspection Service: the Act (42 U.S.C. 9604 (a), (b), and (1) Exercise the functions of the Sec- (c)(4)), with respect to removal and re- retary of Agriculture contained in the medial actions in the event of release Agricultural Marketing Act of 1946, as or threatened release of a hazardous amended (7 U.S.C. 1621–1627), relating substance, pollutant, or contaminant to voluntary inspection of poultry and into the environment;

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(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 response 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; (4) With respect to facilities and ac- (iv) Section 104(j) of the Act (42 tivities under his or her authority, to U.S.C. 9604(j)), with respect to the ac- exercise the authority of the Secretary quisition of real property and interests of Agriculture pursuant to section 1– in real property required to conduct a 102 related to compliance with applica- remedial action; ble pollution control standards and sec- (v) The first two sentences of section tion 1–601 of Executive Order 12088, 3 105(d) of the Act (42 U.S.C. 9605(d)), CFR, 1978 Comp., p. 243, to enter into with respect to petitions for prelimi- an inter-agency agreement with the nary assessment of a release or threat- United States Environmental Protec- ened release; tion Agency, or an administrative con- (vi) Section 105(f) of the Act (42 sent order or a consent judgment in an U.S.C. 9605(f)), with respect to consider- appropriate State, interstate, or local ation of the availability of qualified agency, containing a plan and schedule 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; (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 (5) Administer the National Labora- final remedial action plan for any re- tory Accreditation Program (7 U.S.C. medial action or enforcement action, 138–138i) with respect to laboratories including any settlement or consent accredited only for pesticide residue decree entered into; analysis in meat and poultry products.

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(6) Administer and conduct a food tion, and Consumer Services to the Ad- safety research program (7 U.S.C. 427). ministrator, Food and Nutrition Serv- (7) Coordinate with the Animal and ice: Plant Health Inspection Service the ad- (1) Administer the following legisla- ministration of programs relating to tion: human pathogen reduction (such as sal- (i) The Food Stamp Act of 1977, as monella enteritidis) pursuant to section amended (7 U.S.C. 2011–2032). 2 of the Act of February 2, 1903, as (ii) Richard B. Russell National amended (21 U.S.C. 111), and sections 4 School Lunch Act, as amended (42 and 5 of the Act of May 29, 1884, as U.S.C. 1751–1769h), except procurement amended (21 U.S.C. 120). of agricultural commodities and other (8) Enter into contracts, grants, or foods under section 6 thereof. cooperative agreements to further re- (iii) Child Nutrition Act of 1966, as search programs in the agricultural amended (42 U.S.C. 1771–1790). sciences (7 U.S.C. 3318). (iv) Sections 933–939 of the Food, Ag- (9) Conduct an education program re- riculture, Conservation, and Trade Act garding the availability and safety of Amendments of 1991 (7 U.S.C. 5930 processes and treatments that elimi- note). nate or substantially reduce the level (v) Section 301 of the Healthy Meals of pathogens on meat, meat food prod- for Healthy Americans Act of 1994 ucts, poultry, and poultry products (21 (Pub. L. 103–448). U.S.C. 679b). (vi) Section 4402 of the Farm Secu- (b) [Reserved] rity and Rural Investment Act of 2002 (7 U.S.C. 3007). [60 FR 56393, Nov. 8, 1995, as amended at 68 (2) Administer those functions relat- FR 27444, May 20, 2003] ing to the distribution and donation of agricultural commodities and products Subpart I—Delegations of Author- thereof under the following legislation: ity by the Under Secretary for (i) Clause (3) of section 416(a) of the Food, Nutrition, and Con- Agricultural Act of 1949, as amended (7 sumer Services U.S.C. 1431(a)), except the estimate and announcement of the types and vari- § 2.55 Deputy Under Secretary for eties of food commodities, and the Food, Nutrition, and Consumer quantities thereof, to become available Services. for distribution thereunder; Pursuant to § 2.19(a), subject to res- (ii) Section 709 of the Food and Agri- ervations in § 2.19(b), and subject to culture Act of 1965, as amended (7 policy guidance and direction by the U.S.C. 1446a–1); Under Secretary, the following delega- (iii) Section 32 of the Act of August tion of authority is made by the Under 24, 1935, as amended (7 U.S.C. 612c), as Secretary for Food, Nutrition, and supplemented by the Act of June 28, Consumer Services to the Deputy 1937 (15 U.S.C. 713c), and related legisla- Under Secretary for Food, Nutrition tion; and Consumer Services, to be exercised (iv) Section 9 of the Act of September only during the absence or unavail- 6, 1958 (7 U.S.C. 1431b); ability of the Under Secretary: Per- (v) Section 210 of the Agricultural form all the duties and exercise all the Act of 1956 (7 U.S.C. 1859), except with powers which are now or which may respect to donations to Federal penal hereafter be delegated to the Under and correctional institutions; Secretary for Food, Nutrition, and (vi) Section 402 of the Mutual Secu- Consumer Services. rity Act of 1954, as amended (22 U.S.C. 1922); § 2.57 Administrator, Food and Nutri- (vii) Section 311 of the Older Ameri- tion Service. cans Act of 1965, as amended (42 U.S.C. (a) Delegations. Pursuant to 3030a); § 2.19(a)(1), (a)(2) and (a)(5), subject to (viii) Sections 412 and 413(b) of the reservations in § 2.91(b), the following Robert T. Stafford Disaster Relief and delegations of authority are made by Emergency Assistance Act (42 U.S.C. the Under Secretary for Food, Nutri- 5179, 5180(b));

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(ix) Sections 4 and 5 of the Agri- discussed, including liaison with the culture and Consumer Protection Act White House and other governmental of 1973, as amended (7 U.S.C. 612c note); agencies and departments. (x) Section 1114 of the Agriculture (11) Work with the Office of Budget and Food Act of 1981, as amended (7 and Program Analysis and the Office of U.S.C. 1431e); Communications to ensure coordina- (xi) Section 1336 of the Agriculture tion of USDA consumer affairs and and Food Act of 1981 (Pub. L. No. 97–98); public participation programs, policies (xii) Emergency Food Assistance Act and information, and to prevent dupli- of 1983 (7 U.S.C. 612c note); cation of responsibilities. (xiii) Sections 3(b)–(i), 3A and 4 of the (12) Serve as a consumer ombudsman Commodity Distribution Reform Act and communication link between con- and WIC Amendments of 1987 (7 U.S.C. sumers and the Department. 612c note); and (13) Approve the designation of agen- (xiv) Section 110 of the Hunger Pre- cy Consumer Affairs Contacts. vention Act of 1988 (7 U.S.C. 612c note). (14) Administer those functions under (3) Administer those functions relat- title IV of the Personal Responsibility ing to the distribution of food coupons and Work Opportunity Reconciliation under section 412 of the Robert T. Staf- Act of 1996 (8 U.S.C. 1612) relating to ford Disaster Relief and Emergency As- the eligibility of aliens for benefits sistance Act (42 U.S.C. 5179). under the domestic food assistance pro- (4) In connection with the functions grams. assigned in paragraphs (a)(1), (a)(2), and (b) [Reserved] (a)(3) of this section, relating to the distribution and donation of agricul- [60 FR 56393, Nov. 8, 1995, as amended at 63 FR 35787, July 1, 1998; 68 FR 27444, May 20, tural commodities and products there- 2003] of and food coupons to eligible recipients, authority to determine the requirements for such agricultural com- Subpart J—Delegations of Author- modities and products thereof and food ity by the Under Secretary for coupons to be so distributed. Natural Resources and Envi- (5) Receive donation of food commod- ronment ities under clause (3) of section 416(a) of the Agricultural Act of 1949, as amend- EDITORIAL NOTE: Nomenclature changes to ed, section 709 of the Food and Agri- subpart J appear at 60 FR 66713, Dec. 26, 1995. culture Act of 1965, as amended, section 5 of the Agriculture and Consumer Pro- § 2.59 Deputy Under Secretaries for tection Act of 1973, section 1114(a) of Natural Resources and Environ- the Agriculture and Food Act of 1981, ment. and section 202(a) and 202A of the Pursuant to § 2.20(a), subject to res- Emergency Food Assistance Act of ervations in § 2.20(b), and subject to 1983. policy guidance and direction by the (6) Authorize defense emergency food Under Secretary, the following delega- stamp assistance. tion of authority is made by the Under (7) Develop and implement USDA Secretary for Natural Resources and policy and procedural guidelines for Environment to the Deputy Under Sec- carrying out the Department’s Con- retaries for Natural Resources and En- sumer Affairs Plan. vironment, to be exercised only during (8) Advise the Secretary and other the absence or unavailability of the policy level officials of the Department Under Secretary: Perform all the du- on consumer affairs policies and pro- ties and exercise all the powers which grams. are now or which may hereafter be del- (9) Coordinate USDA consumer af- egated to the Under Secretary for Nat- fairs activities and monitor and ana- ural Resources and Environment. Pro- lyze agency procedures and perform- vided, that, except in the absence of ance. both the Under Secretary and a Deputy (10) Represent the Department at Under Secretary, this authority shall conferences, meetings and other con- be exercised by the respective Deputy tacts where consumer affairs issues are Under Secretary only with respect to

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the area or responsibility assigned to (3) As necessary for administrative him or her. purposes, divide into and designate as national forests any lands of 3,000 acres § 2.60 Chief, Forest Service. or less which are acquired under or (a) Delegations. Pursuant to subject to the Weeks Act of March 1, § 2.20(a)(1), (a)(2), (a)(6), (a)(7)(ii) and 1911, as amended, and which are contig- (a)(8), the following delegations of au- uous to existing national forest bound- thority are made by the Under Sec- aries established under the authority retary for Natural Resources and Envi- of the Weeks Act. ronment to the Chief of the Forest (4) Plan and administer wildlife and Service: fish conservation rehabilitation and (1) Provide national leadership in for- habitat management programs on Na- estry. (As used here and elsewhere in tional Forest System lands, pursuant this section, the term ‘‘forestry’’ en- to 16 U.S.C. 670g, 670h, and 670o. compasses renewable and nonrenewable resources of forests, including lands (5) For the purposes of the National governed by the Alaska National Inter- Forests System Drug Control Act of est Lands Conservation Act, forest-re- 1986 (16 U.S.C. 559–f), specifically des- lated rangeland, grassland, brushland, ignate certain specially trained officers woodland, and alpine areas including and employees of the Forest Service, but not limited to recreation, range, not exceeding 500, to have authority in timber, minerals, watershed, wildlife the performance of their duties within and fish; natural scenic, scientific, cul- the boundaries of the National Forest tural, and historic values of forests and System: related lands; and derivative values (i) To carry firearms; such as economic strength and social (ii) To enforce and conduct investiga- well being). tions of violations of section 401 of the (2) Protect, manage, and administer Controlled Substance Act (21 U.S.C. the national forests, national forest 481) and other criminal violations re- purchase units, national grasslands, lating to marijuana and other con- and other lands and interests in lands trolled substances that are manufac- administered by the Forest Service, tured, distributed, or dispensed on Na- which collectively are designated as tional Forest System lands; the National Forest System. This dele- (iii) To make arrests with a warrant gation covers the acquisition and dis- or process for misdemeanor violations, position of lands and interest in lands or without a warrant for violations of as may be authorized for the protec- such misdemeanors that any such offi- tion, management, and administration cer or employee has probable cause to of the National Forest System, except believe are being committed in that that the authority to approve acquisi- employee’s presence or view, or for a tion of land under the Weeks Act of felony with a warrant or without a March 1, 1911, as amended, and special warrant if that employee has probable forest receipts acts (Pub. L. No. 337, cause to believe that the person being 74th Cong., 49 Stat. 866, as amended by arrested has committed or is commit- Pub. L. No. 310, 78th Cong., 58 Stat. 227; ting such a felony; Pub. L. No. 505, 75th Cong., 52 Stat. 347, (iv) To serve warrants and other as amended by Pub. L. No. 310, 78th process issued by a court or officer of Cong., 58 Stat. 227; Pub. L. No. 634, 75th Cong., 52 Stat. 699, as amended by Pub. competent jurisdiction; L. No. 310, 78th Cong., 58 Stat. 227; Pub. (v) To search, with or without a war- L. No. 748, 75th Cong., 52 Stat. 1205, as rant or process, any person, place, or amended by Pub. L. No. 310, 78th Cong., conveyance according to Federal law or 58 Stat. 227; Pub. L. No. 427, 76th Cong., rule of law; and 54 Stat. 46; Pub. L. No. 589, 76th Cong., (vi) To seize, with or without warrant 54 Stat. 297; Pub. L. No. 591, 76th Cong., or process, any evidentiary item ac- 54 Stat. 299; Pub. L. No. 637, 76th Cong., cording to Federal law or rule of law. 54 Stat. 402; Pub. L. No. 781, 84th Cong., (6) Cooperate with the law enforce- 70 Stat. 632) is limited to acquisitions ment officials of any Federal agency, of less than $250,000 in value. State, or political subdivision, in the

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investigation of violations of, and en- (14) Enter into contracts, grants, or forcement of, section 401 of the Con- cooperative agreements to further re- trolled Substances Act (21 U.S.C. 841), search, extension, or teaching pro- other laws and regulations relating to grams in the food and agricultural marijuana and other controlled sub- sciences (7 U.S.C. 3152, 3318). stances, and State drug control laws or (15) Enter into cost-reimbursable ordinances, within the boundaries of agreements relating to agricultural re- the National Forest System. search, extension, or teaching activi- (7) Administer programs under sec- ties (7 U.S.C. 3319a). tion 23 of the Federal Highway Act (23 (16) Administer programs of coopera- U.S.C. 101(a), 120(f), 125(a)–(c), 138, tive forestry assistance in the protec- 202(a)–(b), 203, 204(a)–(h), 205(a)–(d), 211, tion, conservation, and multiple re- 317, 401(a)). source management of forests and re- (8) Administer provisions of the Sur- lated resources in both rural and urban face Mining Control and Reclamation areas and forest lands in foreign coun- Act of 1977 (30 U.S.C. 1272, 1305) as they relate to management of the National tries (16 U.S.C. 2101–2114). Forest System. (17) Provide assistance to States and (9) 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- (18) 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 (19) Administer rural fire protection shall include, but not be limited to: re- and control program (16 U.S.C. 2106). newable resource management re- (20) 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). (10) Use authorities and means avail- (21) 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). (22) Exercise the custodial functions (11) 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 (12) 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. 427i(a), 1624; 16 U.S.C. U.S.C. 1010–1012). 582a–8, 1643–1645, 1649). (23) Under such general program cri- (13) 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)(23)(i)(A), (B), and (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- (i) Representing USDA on the Inter- istered under formal agreement, and departmental Radio Advisory Com- other forest lands: mittee and its Frequency Assignment (A) The cooperative river basin sur- Subcommittee of the National Tele- veys and investigations program (16 communications and Information Ad- U.S.C. 1006); ministration, Department of Com- (B) The eleven authorized watershed merce; improvement programs and emergency (ii) Establishing policies, standards, flood prevention measures program and procedures for allotting and as- under the Flood Control Act (33 U.S.C. signing frequencies within USDA and 701b-1); for obtaining effective utilization of (C) The small watershed protection them; program under the Pilot Watershed (iii) Providing licensing action nec- Protection and Watershed Protection essary to assign radio frequencies for and Flood Prevention Acts (7 U.S.C. use by the agencies of USDA and main- 701a-h; 16 U.S.C. 1001–1009). tenance of the records necessary in (ii) Exercise responsibility in connec- connection therewith; and tion with the forestry aspects of the re- (iv) Providing inspection of USDA’s source conservation and development radio operations to ensure compliance program authorized by title III of the with national and international regula- Bankhead-Jones Farm Tenant Act (7 tions and policies for radio frequency U.S.C. 1011(e)). use. (24) Provide assistance to the Farm (28) Represent USDA in all matters Service Agency in connection with the relating to responsibilities and au- agricultural conservation program, the thorities under the Federal Water naval stores conservation program, and Power Act, as amended (16 U.S.C. 791– the cropland conversion program (16 823). U.S.C. 590g–q). (29) [Reserved] (25) Provide assistance to the Rural (30) Administer the Youth Conserva- Housing Service in connection with tion Corps Act (42 U.S.C. precede 2711 grants and loans under authority of note) for USDA. section 303 of the Consolidated Farm (31) Establish and operate the Job and Rural Development Act, 7 U.S.C. Corps Civilian Conservation Centers on 1923; and consultation with the Depart- National Forest System lands as au- ment of Housing and Urban Develop- thorized by title I, sections 106 and 107 ment under the authority of 40 U.S.C. of the Economic Opportunity Act of 461(e). 1964 (42 U.S.C. 2716–2717), in accordance (26) Coordinate mapping work of with the terms of an agreement dated USDA including: May 11, 1967, between the Secretary of (i) Clearing mapping projects to pre- Agriculture and the Secretary of vent duplication; Labor; and administration of other co- (ii) Keeping a record of mapping done operative manpower training and work by USDA agencies; experience programs where the Forest (iii) Preparing and submitting re- Service serves as host or prime sponsor quired USDA reports; with other Departments of Federal, (iv) Serving as liaison on mapping State, or local governments. with the Office of Management and (32) Administer the Volunteers in the Budget, Department of the Interior, National Forests Act of 1972 (16 U.S.C. and other departments and establish- 558a-558d, 558a note). ments; (33) Exercise the functions of the Sec- (v) Promoting interchange of tech- retary of Agriculture authorized in the nical mapping information, including Alaska National Interest Lands Con- techniques which may reduce costs or servation Act (16 U.S.C. 3101–3215). improve quality; and (34) Administer responsibilities and (vi) Maintaining the mapping records functions assigned under the Defense formerly maintained by the Office of Production Act of 1950, as amended (50 Operations. U.S.C. App. 2061 et seq.), and title VI of (27) Administer the radio frequency the Robert T. Stafford Disaster Relief licensing work of USDA, including: and Emergency Assistance Act (42

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U.S.C. 5195 et seq.), relating to forests and Liability Act of 1980 (‘‘the Act’’), and forest products, rural fire defense, as amended: and forestry research. (i) Sections 104 (a), (b), and (c)(4) of (35) Represent USDA on Regional Re- the Act (42 U.S.C. 9604 (a), (b), and sponse Teams on hazardous spills and (c)(4)), with respect to removal and re- 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. 1271–1278), 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- (vi) Section 105(f) of the Act (42 priate to carry out title VIII of the U.S.C. 9605(f)), with respect to consider- Alaska National Interest Lands Con- ation of the availability of qualified servation Act (16 U.S.C. 3101–3215) with minority firms in awarding contracts, regard to National Forest System but excluding that portion of section Lands. 105(f) of the Act pertaining to the an- (38) Jointly administer gypsy moth nual report to Congress; eradication activities with the Animal (vii) Section 109 of the Act (42 U.S.C. and Plant Health Inspection Service, 9609), with respect to the assessment of under the authority of section 102 of civil penalties for violations of section the Organic Act of 1944, as amended; 122 of the Act (42 U.S.C. 9622), and the and the Act of April 6, 1937, as amended granting of awards to individuals pro- (7 U.S.C. 147a, 148, 148a–148e); and the viding information; Talmadge Aiken Act (7 U.S.C. 450), by (viii) Section 111(f) of the Act (42 assuming primary responsibility for U.S.C. 9611(f)), with respect to the des- treating isolated gypsy moth infesta- ignation of officials who may obligate tions on Federal lands, and on State money in the Hazardous Substances and private lands contiguous to in- Superfund; fested Federal lands, and any other in- (ix) Section 113(g) of the Act (42 festations over 640 acres on State and U.S.C. 9613(g)), with respect to receiv- private lands. ing notification of a natural resource (39) With respect to land and facili- trustee’s intent to file suit; ties under his or her authority, to exer- (x) Section 113(k) of the Act (42 cise 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 1987 Comp., p. 193, under the following which to base the selection of a re- provisions of the Comprehensive Envi- sponse action and identifying and noti- ronmental Response, Compensation, fying potentially responsible parties;

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(xi) Section 116(a) of the Act (42 (iv) Clean Air Act, as amended (42 U.S.C. 9616(a)), with respect to prelimi- U.S.C. 7401 et seq.); nary assessment and site inspection of (v) Noise Control Act of 1972, as facilities; amended (42 U.S.C. 4901 et seq.); (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 excluding section 122(b)(1) of the Act as Federal trustee for natural re- (42 U.S.C. 9622(b)(1)), related to mixed sources in accordance with section funding agreements. 107(f) of the Comprehensive Environ- (40) Exercise the functions of the Sec- mental Response, Compensation, and retary authorized in the Federal On- Liability Act of 1980 (42 U.S.C 9607(f)), shore Oil and Gas Leasing Reform Act section 311(f)(5) of the Federal Water of 1987 (30 U.S.C. 226 et seq.). Pollution Control Act (33 U.S.C. (41) With respect to facilities and ac- 1321(f)(5)), and section 1006(b)(2) of the tivities under his or her authority, to Oil Pollution Act of 1990 (33 U.S.C. exercise the authority of the Secretary 2706(b)(2)). of Agriculture pursuant to section 1– (43) With respect to land and facili- 102 related to compliance with applica- ties under his or her authority, to exer- 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) Jointly administer the Forestry tain compliance with applicable pollu- Incentives Program with the Natural tion control standards established pursuant to the following: Resources Conservation Service, in consultation with State Foresters, (i) Solid Waste Disposal Act, as amended by the Resource Conservation under section 4 of the Cooperative For- and Recovery Act, the Hazardous and estry Assistance Act of 1978 (16 U.S.C. Solid Waste Amendment, and the Fed- 2103). eral Facility Compliance Act (42 U.S.C. (46) Focusing on countries that could 6901 et seq.); have a substantial impact on global (ii) Federal Water Pollution Preven- warming, provide assistance that pro- tion and Control Act, as amended (33 motes sustainable development and U.S.C. 1251 et seq.); global environmental stability; share (iii) Safe Drinking Water Act, as technical, managerial, extension, and amended (42 U.S.C. 300f et seq.);

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administrative skills; provide edu- (4) Making recommendations to the cation and training opportunities; en- President for establishing new units or gage in scientific exchange; and co- adding to existing units of the National operate with domestic and inter- Wild and Scenic Rivers System (16 national organizations that further U.S.C. 1271–1278); National Scenic international programs for the man- Trails System (16 U.S.C. 1241–1249) and agement and protection of forests, the National Wilderness Preservation rangelands, wildlife, fisheries and re- System (16 U.S.C. 1131–1136). lated natural resources (16 U.S.C. 4501– (5) Signing of declarations of taking 4505). and requests for condemnation of prop- (47) Exercise the functions of the Sec- erty as authorized by law to carry out retary of Agriculture authorized in the mission of the Forest Service (40 Title V of the Department of the Inte- U.S.C. 257). rior and Related Agencies Appropria- (6) Approval of acquisition of land tions Act of 1998, Pub. L. 105–83, relating to the acquisition so the New World under the Weeks Act of March 1, 1911, Mines and other priority land acquisi- as amended (16 U.S.C. 521), and special tions, land exchanges, and other activi- forest receipts acts (Pub. L. No. 337, ties. 74th Cong., 49 Stat. 866, as amended by (48) Enter into pilot projects with the Pub. L. No. 310, 78th Cong., 58 Stat. 227; Bureau of Land Management (BLM), Pub. L. No. 505, 75th Cong., 52 Stat. 347, U.S. Department of the Interior, in as amended by Pub. L. No. 310, 78th support of the Service First initiative Cong., 58 Stat. 227; Pub. L. No. 634, 75th for the purpose of promoting customer Cong., 52 Stat. 699, as amended by Pub. service and efficiency in managing Na- L. No. 310, 78th Cong., 58 Stat. 227; Pub. tional Forest System lands and public L. No. 748, 75th Cong., 52 Stat. 1205, as lands and delegate to BLM employees amended by Pub. L. No. 310, 78th Cong., those Forest Service authorities nec- 58 Stat. 227; Pub. L. No. 427, 76th Cong., essary to carry out those pilot projects 54 Stat. 46; Pub. L. No. 589, 76th Cong., (Pub. L. 106–291). 54 Stat. 297; Pub. L. No. 591, 76th Cong., (b) Reservations. The following au- 54 Stat. 299; Pub. L. No. 637, 76th Cong., thorities are reserved to the Under Sec- 54 Stat. 402; Pub. L. No. 781, 84th Cong., retary for Natural Resources and Envi- 70 Stat. 632) of $250,000 or more in value ronment: for national forest purposes. (1) The authority to issue final rules (7) The authority to approve dis- and regulations relating to the admin- bursements from the New World Mine istration of Forest Service programs, Response and Restoration Account and except as provided in 36 CFR 261.70 and the authority to prepare and approve § 2.60(a)(37). the New World Mine Response and Res- (2) As deemed necessary for adminis- toration Plan, including the coordina- trative purposes, the authority to di- tion of the response and restoration ac- vide into and designate as national for- tivities of the Forest Service and the ests any lands of more than 3,000 acres other Federal and State agencies, and acquired under or subject to the Weeks make quarterly reports to Congress Act of March 1, 1911, as amended (16 under section 502(d) and (f) of Title V of U.S.C. 521). the Department of the Interior and Re- (3) The authority to make rec- lated Agencies Appropriations Act of ommendations to the Administrator of 1998, Pub. L. 105–83. General Services regarding transfer to other Federal, State, or Territorial [60 FR 56393, Nov. 8, 1995, as amended at 64 agencies lands acquired under the FR 34967, June 30, 1999; 65 FR 12429, Mar. 9, Bankhead-Jones Farm Tenant Act, to- 2000; 67 FR 59135, Sept. 20, 2002] gether with recommendations on the conditions of use and administration of § 2.61 Chief, Natural Resources Con- such lands, pursuant to the provisions servation Service. of section 32(c) of title III of the (a) Delegations. Pursuant to § 2.20 Bankhead-Jones Farm Tenant Act (7 (a)(1), (a)(3), (a)(5), (a)(6), (a)(7)(ii) and U.S.C. 1011(c), and Executive Order (a)(8), subject to reservations in 11609, 3 CFR, 1971–1975 Comp., p. 586). § 2.20(b)(1), the following delegations of

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authority are made by the Under Sec- ally recognized Native American retary for Natural Resources and Envi- tribes, but also to communities, water- ronment to the Chief of the Natural shed groups, Federal and State agen- Resources Conservation Service: cies, and other cooperators. This au- (1) Provide national leadership in the thority includes such assistance as: conservation, development and produc- (A) Comprehensive planning assist- tive use of the Nation’s soil, water, and ance in nonmetroplitan districts; related resources. Such leadership en- (B) Assistance in the field of income- compasses soil, water, plant, and wild- producing recreation on rural non-Fed- life conservation; small watershed pro- eral lands; tection and flood prevention; and re- (C) Forestry assistance, as part of source conservation and development. total technical assistance to private Integrated in these programs are ero- land owners and land users when such sion control, sediment reduction, pollu- services are an integral part of land tion abatement, land use planning, management and such services are not multiple use, improvement of water available from a State agency; and for- quality, and several surveying and estry services in connection with monitoring activities related to envi- windbreaks and shelter belts to prevent ronmental improvement. All are de- wind and water erosion of lands; signed to assure: (D) Assistance in developing pro- (i) Quality in the natural resource grams relating to natural beauty; and base for sustained use; (E) Assistance to other USDA agen- (ii) Quality in the environment to cies in connection with the administra- provide attractive, convenient, and sat- tion of their programs, as follows: isfying places to live, work, and play; (1) To the Farm Service Agency in and the development and technical serv- (iii) Quality in the standard of living icing of certain programs, such as the based on community improvement and Agricultural Conservation Program adequate income. and other such similar conservation (2) Provide national leadership in programs; evaluating and coordinating land use (2) To the Rural Housing Service in policy, and administer the Farmland connection with their loan and land Protection Policy Act (7 U.S.C. 4201 et disposition programs. 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 Administrator, Co- (C) Performing the cartographic serv- operative State Research, Education, ices essential to carrying out the func- and Extension Service in § 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. L. No. 46, 74th Congress, as amended, (iii) Conducting and coordinating and related laws (16 U.S.C. 590a–f, 1–1, snow surveys and making water supply q, q–1; 42 U.S.C. 3271–3274; 7 U.S.C. 2201), forecasts pursuant to Reorganization including: Plan No. IV of 1940 (5 U.S.C. App.); (i) Technical and financial assistance (iv) Operating plant materials cen- to land users in carrying out locally ters for the assembly and testing of adapted soil and water conservation plant species in conservation programs, programs primarily through soil and including the use, administration, and water conservation districts in the sev- disposition of lands under the adminis- eral States, the District of Columbia, tration of the Natural Resources Con- the Commonwealth of Puerto Rico, and servation Service for such purposes the Commonwealth of the Northern under title III of the Bankhead-Jones Mariana Islands, American Samoa, Farm Tenant Act (7 U.S.C. 1010–1011); Guam, the Virgin Islands, and Feder- and

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(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 33 U.S.C. (10) Monitor actions and progress of 702b–1, except for responsibilities as- USDA in complying with Executive signed to the Forest Service; Order 11988, Flood Plain Management, 3 (ii) The emergency flood control CFR, 1977 Comp., p. 117, and Executive work under 33 U.S.C. 701b–1, except for Order 11990, Protection of Wetlands, 3 responsibilities assigned to the Forest CFR, 1977 Comp., p. 121, regarding man- Service; agement of floodplains and protection (iii) The Cooperative River Basin of wetlands; monitor USDA efforts on Surveys and Investigations Programs protection of important agricultural, under 16 U.S.C. 1006, except for respon- forest and rangelands; and provide staff sibilities assigned to the Forest Serv- assistance to the USDA Natural Re- ice; sources and Environment Committee. (iv) The pilot watershed projects (11) Administer the search and rescue under 16 U.S.C. 590a–f, and 16 U.S.C. operations authorized under 7 U.S.C. 1001–1009, except for responsibilities as- 2273. signed to the Forest Service; (12) Administer section 202(c) of the (v) The Watershed Protection and Colorado River Basin Salinity Control Flood Prevention Program under 16 Act, 43 U.S.C. 1592(c) including: U.S.C. 1001–1010, including rehabilita- (i) Identify salt source areas and de- tion of water resource structural meas- termine the salt load resulting from ir- ures constructed under certain Depart- rigation and watershed management ment of Agriculture programs under 16 practices; U.S.C. 1012, except for responsibilities (ii) Conduct salinity control studies assigned to the Rural Housing Service of irrigated salt source areas; and the Forest Service. (iii) Provide technical and financial (vi) The joint investigations and sur- assistance in the implementation of sa- veys with the Department of the Army linity control projects including the under 16 U.S.C. 1009; and development of salinity control plans, (vii) The Emergency Conservation technical services for application, and Program under sections 401–405 of the certification of practice applications; Agricultural Credit Act of 1978 (the (iv) Develop plans for implementing Act), 16 U.S.C. 2201 et seq., except for measures that will reduce the salt load the provisions of sections 401 and 402 of of the Colorado River; the Act, 16 U.S.C. 2201–2202, as adminis- (v) Develop and implement long-term tered by the Farm Service Agency. monitoring and evaluation plans to (5) Administer the Great Plains Con- measure and report progress and ac- servation Program and the Critical complishments in achieving program Lands Resources Conservation Pro- objectives; and gram under 16 U.S.C. 590p(b). (vi) Enter into and administer con- (6) Administer the Resource Con- tracts with program participants and servation and Development Program waive cost-sharing requirements when under 16 U.S.C. 590a–f; 7 U.S.C. 1010– such cost-sharing requirements would 1011; and 16 U.S.C. 3451–3461, except for result in a failure to proceed with need- responsibilities assigned to the Rural ed on-farm measures. Utilities Service. (13) Administer natural resources (7) Responsibility for entering into conservation authorities, including au- long-term contracts for carrying out thorities related to programs of the conservation and environmental meas- Commodity Credit Corporation that ures in watershed areas. provide assistance with respect to nat- (8) Provide national leadership for ural resources conservation, under and administer the Soil and Water Re- Title XII of the Food Security Act of

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1985 (the Act), as amended (16 U.S.C. etary information related to natural 3801 et seq.), including the following: resources conservation programs as (i) Technical assistance related to provided by section 1244 of the Act (16 the conservation of highly erodible U.S.C. 3844), except for responsibilities lands and wetlands pursuant to sec- assigned to the Administrator, Farm tions 1211–1223 of the Act (16 U.S.C. Service Agency. 3811–3823); (14) Approve and transmit to the Con- (ii) Technical assistance related to gress comprehensive river basin re- the Conservation Reserve Program au- ports. thorized by sections 1231–1235A of the (15) Provide representation on the Act (16 U.S.C. 3831–3835a); Water Resources Council and river (iii) The Wetlands Reserve Program basin commissions created by 42 U.S.C. and the Emergency Wetlands Reserve 1962, and on river basin interagency Program authorized by sections 1237– committees. 1237F of the Act (16 U.S.C. 3837–3837f) (16) Jointly administer the Forestry and the Emergency Supplemental Ap- Incentives Program with the Forest propriations for Relief from the Major, Service, in consultation with State Widespread Flooding in the Midwest Foresters, under section 4 of the Coop- Act, Pub. L. 103–75; erative Forestry Assistance Act of 1978 (iv) The Conservation Security Pro- (16 U.S.C. 2103). gram authorized by sections 1238–1238C (17) Administer the Water Bank Pro- (16 U.S.C. 3838–3838c); gram under the Water Bank Act (16 (v) The Farmland Protection Pro- gram authorized by sections 1238H– U.S.C. 1301 et seq.). 1238I of the Act (16 U.S.C. 3838h–3838i); (18) Administer the agricultural man- (vi) The Farm Viability Program au- agement assistance provisions of sec- thorized by section 1238J of the Act (16 tion 524(b) of the Federal Crop Insur- U.S.C. 3838j); ance Act, as amended (7 U.S.C. 1524(b)), (vii) The Environmental Easement except for responsibilities assigned to Program authorized by sections 1239– the Administrator, Risk Management 1239D of the Act (16 U.S.C. 3839–3839d); Agency. (viii) The Environmental Quality In- (19) [Reserved] centives Program authorized by sec- (20) Coordinate USDA input and as- tions 1240–1240I of the Act (16 U.S.C. sistance to the Department of Com- 3839aa–3839aa–9); merce and other Federal agencies con- (xix) The conservation of private sistent with section 307 of the Coastal grazing lands authorized by section Zone Management Act of 1972 (16 U.S.C. 1240M of the Act (16 U.S.C. 3839bb); 1456), and coordinate USDA review of (x) The Wildlife Habitat Incentives qualifying state and local government Program authorized by section 1240N of coastal management plans or programs the Act (16 U.S.C. 3839bb–1); prepared under such Act and submitted (xi) The program for soil erosion and to the Secretary of Commerce, con- sedimentation control in the Great sistent with section 306(a) and (c) of Lakes basin authorized by section such Act (16 U.S.C. 1455(a) and (c)). 1240P of the Act (16 U.S.C. 3839bb–3); (21) Administer responsibilities and (xii) The delivery of technical assist- functions assigned under the Defense ance under section 1242 of the Act (16 Production Act of 1950, as amended (50 U.S.C. 3842), including the approval of U.S.C. App. 2061 et seq.), and title VI of persons or entities outside of USDA to the Robert T. Stafford Disaster Relief provide technical services; and Emergency Assistance Act (42 (xiii) The authority for partnerships U.S.C. 5195 et seq.), relating to agricul- and cooperation provided by section tural lands and water. 1243 of the Act (16 U.S.C. 3843), except (22) Administer the Abandoned Mine for responsibilities assigned to the Reclamation Program for Rural Lands Under Secretary for Farm and Foreign and other responsibilities assigned Agricultural Services; and under the Surface Mining Control and (xiv) The incentives for beginning Reclamation Act of 1977 (30 U.S.C. 1201 farmers and ranchers and Indian tribes et seq.), except for responsibilities as- and the protection of certain propri- signed to the Forest Service.

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(23) With respect to land and facili- which to base the selection of a re- ties under his or her authority, to exer- sponse action and identifying and noti- cise the functions delegated to the Sec- fying potentially responsible parties; retary by Executive Order 12580, 3 CFR, (x) Section 116(a) of the Act (42 U.S.C. 1987 Comp., p. 193, under the following 9616(a)), with respect to preliminary as- provisions of the Comprehensive Envi- sessment and site inspection of facili- ronmental Response, Compensation, ties; and Liability Act of 1980 (‘‘the Act’’), (xi) Section 117(a) and (c) of the Act as 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- 9619), with respect to indemnifying re- formation gathering and access response 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 settlement, 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. 9633(b)(1)), related to mixed reduction of exposure to significant funding agreements. risk to human health; (24) With respect to facilities and ac- (iv) Section 104(j) of the Act (42 tivities under his or her authority, to U.S.C. 9604(j)), with respect to the ac- exercise the authority of the Secretary quisition of real property and interests of Agriculture pursuant to section 1– in real property required to conduct a 102 related to compliance with applica- remedial action; ble pollution control standards and sec- (v) The first two sentences of section tion 1–601 of Executive Order 12088, 3 105(d) of the Act (42 U.S.C. 9605(d)), CFR, 1978 Comp., p. 243, to enter into with respect to petitions for prelimi- an inter-agency agreement with the nary assessment of a release or threat- United States Environmental Protec- ened release; tion Agency, or an administrative con- (vi) Section 105(f) of the Act (42 sent order or a consent judgment in an U.S.C. 9605(f)), with respect to consider- appropriate United States District ation of the availability of qualified Court with an appropriate State, inter- minority firms in awarding contracts, state, or local agency, containing a but excluding that portion of section plan and schedule to achieve and main- 105(f) of the Act pertaining to the an- tain compliance with applicable pollu- nual report to Congress; tion control standards established pur- (vii) Section 109 of the Act (42 U.S.C. suant to the following: 9609), with respect to the assessment of (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, the Hazardous and granting of awards to individuals pro- Solid Waste Amendments, and the Fed- viding information; eral Facility Compliance Act (42 U.S.C. (viii) Section 111(f) of the Act (42 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.);

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(v) Noise Control Act of 1972, as Subpart K—Delegations of Author- amended (42 U.S.C. 4901 et seq.); ity by the Under Secretary for (vi) Toxic Substances Control Act, as Research, Education, and Ec- amended, (15 U.S.C. 2601 et seq.); onomics (vii) Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 § 2.63 Deputy Under Secretary for Re- U.S.C. 136 et seq.); and search, Education, and Economics. (viii) Comprehensive Environmental Pursuant to § 2.21(a), subject to res- Response, Compensation, and Liability ervations in § 2.21(b), and subject to Act of 1980, as amended by the Super- policy guidance and direction by the fund Amendments and Reauthorization Under Secretary, the following delega- Act of 1986 (42 U.S.C. 9601 et seq.). tion of authority is made by the Under (25) Administer the following provi- Secretary for Research, Education, and sions of the Farm Security and Rural Economics, to be exercised only during Investment Act of 2002 with respect to the absence or unavailability of the Under Secretary: Perform all the du- functions otherwise delegated to the ties and exercise all the powers which Chief, Natural Resources and Environ- are now or which may hereafter be del- ment: egated to the Under Secretary for Re- (i) The equitable relief provisions of search, Education, and Economics. section 1613 (7 U.S.C. 7996); (ii) The tracking of benefits under § 2.65 Administrator, Agricultural Re- section 1614 (7 U.S.c. 7997); and search Service. (iii) The development of a plan and (a) Delegations. Pursuant to related report to coordinate land re- § 2.21(a)(1), (a)(3) and (a)(5) through tirement and agricultural working land (a)(7), subject to reservations in conservation programs under section § 2.21(b)(1), the following delegations of 2005 (16 U.S.C. 3801 note). authority are made by the Under Sec- (b) Reservations. The following au- retary for Research, Education, and thorities are reserved to the Under Sec- Economics to the Administrator, Agri- retary for Natural Resources and Envi- cultural Research Service: (1) Coordinate USDA policy relative ronment: to the Federal Insecticide, Fungicide, (1) Executing cooperative agreements and Rodenticide Act, as amended (7 and memoranda of understanding for U.S.C. 136 et seq.) and coordinate the multi-agency cooperation with con- Department’s Integrated Pest Manage- servation districts and other districts ment Programs and the Pesticide As- organized for soil and water conserva- sessment Program (7 U.S.C. 136–136y). tion within States, territories, posses- (2) Conduct research related to the sions, and American Indian Nations. economic feasibility of the manufac- (2) Approving additions to authorized ture and commercialization of natural Resource Conservation and Develop- rubber from hydrocarbon-containing ment Projects that designate new plants (7 U.S.C. 178–178n). project areas in which resource con- (3) Conduct research on the control of servation and development program as- undesirable species of honeybees in co- sistance will be provided, and with- operation with specific foreign govern- drawing authorization for assistance, ments (7 U.S.C. 284). pursuant to 16 U.S.C. 590a-f; 7 U.S.C. (4) Conduct research concerning do- 1010–1011; 16 U.S.C. 3451–3461. mestic animals and poultry, their protection and use, the causes of con- (3) Giving final approval to and tagious, infectious, and communicable transmitting to the Congress water- diseases, and the means for the preven- shed work plans that require congres- tion and cure of the same (7 U.S.C. 391). sional approval. (5) Conduct research related to the [60 FR 56393, Nov. 8, 1995, as amended at 62 dairy industry and to the dissemina- FR 1031, Jan. 8, 1997; 68 FR 27444, May 20, tion of information for the promotion 2003] of the dairy industry (7 U.S.C. 402). (6) Conduct research and demonstra- tions at Mandan, ND, related to dairy

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livestock breeding, growing, and feed- (16) Conduct research to formulate ing, and other problems pertaining to new uses for farm and forest products the establishment of the dairy and live- (7 U.S.C. 1632(b)). stock industries (7 U.S.C. 421–422). (17) Conduct research to develop and (7) Conduct research on new uses for determine methods for the humane cotton and on cotton ginning and proc- slaughter of livestock (7 U.S.C. 1904). essing (7 U.S.C. 423–424). (18) Provide national leadership and (8) Conduct research into the basic support for research programs and problems of agriculture in its broadest other research activities in the food aspects, including, but not limited to, and agricultural sciences to meet production, marketing (other than sta- major needs and challenges in food and tistical and economic research but in- agricultural system productivity; de- cluding research related to family use velopment of new food, fiber, and en- of resources), distribution, processing, ergy sources; agricultural energy use and utilization of plant and animal and production; natural resources; pro- commodities; problems of human nu- motion of the health and welfare of trition; development of markets for ag- people; human nutrition; and inter- ricultural commodities; discovery, in- national food and agriculture pursuant troduction, and breeding of new crops, to the National Agricultural Research, plants, animals, both foreign and na- Extension, and Teaching Policy Act of tive; conservation development; and 1977, as amended (7 U.S.C. 3101 et seq.). development of efficient use of farm (19) [Reserved] buildings, homes, and farm machinery (20) Administer the National Agricul- except as otherwise delegated in tural Science Award for research or ad- §§ 2.22(a)(1)(ii) and 2.79(a)(2) (7 U.S.C. vanced studies in the food and agricul- 427, 1621–1627, 1629, 2201 and 2204). tural sciences (7 U.S.C. 3153). (21) Conduct program evaluations to (9) Conduct research on varietal im- improve the administration and effec- provement of wheat and feed grains to tiveness of agricultural research and enhance their conservation and envi- education programs (7 U.S.C. 3317). ronmental qualities (7 U.S.C. 428b). (22) Enter into contracts, grants, or (10) [Reserved] cooperative agreements to further re- (11) Enter into agreements with and search programs and library and re- receive funds from any State, other po- lated information programs supporting litical subdivision, organization, or in- research, extension, and teaching pro- dividual for the purpose of conducting grams in the food and agricultural cooperative research projects (7 U.S.C. sciences (7 U.S.C. 3318). 450a). (23) Enter into cost-reimbursable (12) Make facilities grants and con- agreements with State cooperative in- duct research under the IR–4 program stitutions or other colleges and univer- (7 U.S.C. 450i(d) and (e)). sities for the acquisition of goods or (13) Conduct research related to soil services in support of research, exten- and water conservation, engineering sion, or teaching activities in the food operations, and methods of cultivation and agricultural sciences, including to provide for the control and preven- the furtherance of library and related tion of soil erosion (7 U.S.C. 1010 and 16 information programs (7 U.S.C. 3319a). U.S.C. 590a). (24) Conduct research for the develop- (14) Maintain four regional research ment of supplemental and alternative laboratories and conduct research at crops (7 U.S.C. 3319d). such laboratories to develop new sci- (25) Conduct research on potential entific, chemical, and technical uses uses for compost from agricultural and new and extended markets and wastes, including evaluating the appli- outlets for farm commodities and prod- cation of compost on soil, plants, and ucts and the by-products thereof (7 crops (7 U.S.C. 3130). U.S.C. 1292). (26) [Reserved] (15) Conduct a Special Cotton Re- (27) Cooperate and work with na- search Program designed to reduce the tional and international institutions, cost of producing upland cotton in the Departments and Ministries of Agri- United States (7 U.S.C. 1441 note). culture in other nations, land-grant

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colleges and universities, and other tiative, and make grants or enter into persons throughout the world in the cooperative agreements on a competi- performance of agricultural research tive basis to carry out the Initiative (7 activities (7 U.S.C. 3291). U.S.C. 5924). (28) Provide a biennial report to the (40) Facilitate access, including Committee on Agriculture of the House through the National Agricultural Li- of Representatives and the Committee brary, by research and extension pro- on Agriculture, Nutrition, and For- fessionals, farmers, and other inter- estry of the Senate on efforts of the ested persons in the United States to, Federal Government to coordinate and the use by those persons of, or- international agricultural research ganic research conducted outside the within the Federal Government, and to United States (7 U.S.C. 5925d). more effectively link the activities of (41)–(45) [Reserved] domestic and international agricul- (46) Conduct research on diseases af- tural researchers, particularly re- fecting honeybees (7 U.S.C. 5934). searchers of the Agricultural Research (47) Coordinate USDA policy and pro- Service (7 U.S.C. 3291(d)(2)). grams relating to global climate (29) Conduct a program of basic re- change (7 U.S.C. 6701–6703). search on cancer in animals and birds (48) Coordinate Departmental poli- (7 U.S.C. 3902). cies under the Toxic Substances Con- (30) Conduct and coordinate Depart- trol Act (15 U.S.C. 2601–2629). mental research programs on water (49) With respect to facilities and ac- quality and nutrient management (7 tivities under his or her authority, to U.S.C. 5504). exercise the authority of the Secretary (31) Conduct research to optimize of Agriculture pursuant to section 1– crop and livestock production poten- 102 related to compliance with applica- tial, integrated resource management, ble pollution control standards and sec- and integrated crop management (7 tion 1–601 of Executive Order 12088, 3 U.S.C. 5821). CFR, 1978 Comp., p. 243, to enter into (32) Administer a national research an inter-agency agreement with the program on genetic resources to pro- United States Environmental Protec- vide for the collection, preservation, tion Agency, or an administrative con- and dissemination of genetic material sent order or a consent judgment in an important to American food and agri- appropriate State, interstate, or local culture production (7 U.S.C. 5841). agency, containing a plan and schedule (33) Conduct remote-sensing and to achieve and maintain compliance other weather-related research (7 with applicable pollution control U.S.C. 5852). standards established pursuant to the (34) Administer grants and conduct following: research programs to measure micro- (i) Solid Waste Disposal Act, as biological and chemical agents associ- amended by the Resource Conservation ated with the production, preparation, and Recovery Act, as further amended processing, handling, and storage of ag- by the Hazardous and Solid Waste ricultural products (7 U.S.C. 5871–5874). Amendments, and the Federal Facility (35) Conduct research on integrated Compliance Act (42 U.S.C. 6901 et seq.); pest management, including research (ii) Federal Water Pollution Preven- to benefit floriculture (7 U.S.C. 5881). tion and Control Act, as amended (33 (36) Conduct research in the control U.S.C. 1251 et seq.); and eradication of exotic pests (7 (iii) Safe Drinking Water Act, as U.S.C. 5883). amended (42 U.S.C. 300f et seq.); (37) Conduct research to study the bi- (iv) Clean Air Act, as amended (42 ology and behavior of chinch bugs (7 U.S.C. 7401 et seq.); U.S.C. 5884). (v) Noise Control Act of 1972, as (38) Administer a grant program for amended (42 U.S.C. 4901 et seq.); risk assessment research to address (vi) Toxic Substances Control Act, as concerns about the environmental ef- amended (15 U.S.C. 2601 et seq.); fects of biotechnology (7 U.S.C. 5921). (vii) Federal Insecticide, Fungicide, (39) Conduct a research initiative and Rodenticide Act, as amended (7 known as the Agricultural Genome Ini- U.S.C. 136 et seq.); and

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(viii) Comprehensive Environmental erations, and the General Counsel prior Response, Compensation, and Liability to issuance. Act of 1980, as amended by the Super- (58) Administer the Department’s fund Amendments and Reauthorization Patent Program except as delegated to Act of 1986 (42 U.S.C. 9601 et seq.). the General Counsel in § 2.31(e). (50) Perform research and administer (59) Provide management support grants for research and development in services for the Economic Research aquaculture (16 U.S.C. 2804). Service, the Cooperative State Re- (51) Maintain a National Arboretum search, Education and Extension Serv- for the purposes of research and edu- ice, and the National Agricultural Sta- cation concerning tree and plant life, tistics Service as agreed upon by the and order disbursements from the agencies with authority to take ac- Treasury, in accordance with the Act tions required by law or regulation. As of March 4, 1927 (20 U.S.C. 191 et seq.). used herein, the term management sup- (52) Conduct research on foot-and- mouth disease and other animal dis- port services includes budget, finance, eases (21 U.S.C. 113a). personnel, procurement, property man- (53) Conduct research on the control agement, communications, paperwork and eradication of cattle grubs management, ADP support, and related (screwworms) (21 U.S.C. 114e). administrative services. (54) [Reserved] (60) With respect to land and facili- (55) Conduct research on losses of ties under his or her authority, exer- livestock in interstate commerce due cise the functions delegated to the Sec- to injury or disease (45 U.S.C. 71 note). retary by Executive Order 12580, 3 CFR, (56) Control within USDA the acqui- 1987 Comp., p. 193, under the following sition, use, and disposal of material provisions of the Comprehensive Envi- and equipment that may be a source of ronmental Response, Compensation, ionizing radiation hazard. and Liability Act of 1980 (‘‘the Act’’), (57) Pursuant to the authority dele- as amended: gated by the Administrator of General (i) Sections 104 (a), (b), and (c)(4) of Services to the Secretary of Agri- the Act (42 U.S.C. 9604 (a), (b), and culture in 34 FR 6406, 36 FR 1293, 36 FR (c)(4)), with respect to removal and re- 18840, and 38 FR 23838, appoint uni- medial actions in the event of release formed armed guards and special po- or threatened release of a hazardous licemen, make all needful rules and substance, pollutant, or contaminant regulations, and annex to such rules into the environment; and regulations such reasonable pen- (ii) Sections 104(e)–(h) of the Act (42 alties (not to exceed those prescribed U.S.C. 9604(e)–(h)), with respect to in- in 40 U.S.C. 318(c)), as will insure their formation gathering and access re- enforcement, for the protection of per- quests and orders; compliance with sons, property, buildings, and grounds Federal health and safety standards of the Arboretum, Washington, DC; the and wage and labor standards applica- U.S. Meat Animal Research Center, ble to covered work; and emergency Clay Center, NE.; the Agricultural Re- procurement powers; search Center, Beltsville, MD; and the Animal Disease Center, Plum Island, (iii) Section 104(i)(11) of the Act (42 NY, over which the United States has U.S.C. 9604(i)(11)), with respect to the exclusive or concurrent criminal juris- reduction of exposure to significant diction, in accordance with the limita- risk to human health; tions and requirements of the Federal (iv) Section 104(j) of the Act (42 Property and Administrative Services U.S.C. 9604(j)), with respect to the ac- Act of 1949, as amended (40 U.S.C. 471 et quisition of real property and interests seq.), the Act of June 1, 1948, as amend- in real property required to conduct a ed (40 U.S.C. 318 et seq.), and the poli- remedial action; cies, procedures, and controls pre- (v) The first two sentences of section scribed by the General Services Admin- 105(d) of the Act (42 U.S.C. 9605(d)), istration. Any rules or regulations pro- with respect to petitions for prelimi- mulgated under this authority shall be nary assessment of a release or threat- approved by the Director, Office of Op- ened release;

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(vi) Section 105(f) of the Act (42 and Emergency Assistance Act (42 U.S.C. 9605(f)), with respect to consider- U.S.C. 5195 et seq.). ation of the availability of qualified (63) Propagate bee-breeding stock and minority firms in awarding contracts, release bee germplasm to the public (7 but excluding that portion of section U.S.C. 283). 105(f) pertaining to the annual report (64) Administer a National Food and to Congress; Human Nutrition Research Program (vii) Section 109 of the Act (42 U.S.C. and a Human Nutrition Intervention 9609), with respect to the assessment of and Health Promotion Research Pro- civil penalties for violations of section gram under the National Agricultural 122 of the Act (42 U.S.C. 9622), and the Research, Extension, and Teaching granting of awards to individuals pro- Policy Act of 1977, as amended. As used viding information; herein the term ‘‘research’’ includes: (viii) Section 111(f) of the Act (42 (i) Research on the nutrient composi- U.S.C. 9611(f)), with respect to the des- tion of foods and the effects of agricul- ignation of officials who may obligate tural practices, handling, food proc- money in the Hazardous Substances essing, and cooking on the nutrients Superfund; they contain; (ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to estab- (ii) Surveillance of the nutritional lishing an administrative record upon benefits provided to participants in the which to base the selection of a re- food programs administered by the De- sponse action and identifying and noti- partment; and fying potentially responsible parties; (iii) Research on the factors affecting (x) Section 116(a) of the Act (42 U.S.C. food preference and habits. (7 U.S.C. 9616(a)), with respect to preliminary as- 3171–3175, 3177). sessment and site inspection of facili- (65) The authority in paragraph ties; (a)(64) of this section includes the au- (xi) Sections 117(a) and (c) of the Act thority to: (42 U.S.C. 9617 (a) and (c)), with respect (i) Appraise the nutritive content of to public participation in the prepara- the U.S. food supply; tion of any plan for remedial action (ii) Develop and make available data and explanation of variances from the on the nutrient composition of foods final remedial action plan for any re- needed by Federal, State, and local medial action or enforcement action, agencies administering food and nutri- including any settlement or consent tion programs, and the general public, decree entered into; to improve the nutritional quality of (xii) Section 119 of the Act (42 U.S.C. diets; 9119), with respect to indemnifying re- (iii) Coordinate nutrition education sponse action contractors; research and professional education (xiii) Section 121 of the Act (42 U.S.C. projects within the Department; and 9621), with respect to cleanup stand- (iv) Maintain data generated on food ards; and composition in a National Nutrient (xiv) Section 122 of the Act (42 U.S.C. Data Bank. 9622), with respect to settlements, but excluding section 122(b)(1) of the Act (66) Conduct, in cooperation with the (42 U.S.C. 9622(b)(1)), related to mixed Department of Health and Human funding agreements. Services, the National Nutrition Moni- (61) Carry out research activities au- toring and Related Research Program. thorized in section 202(c) of the Colo- Included in this delegation is the au- rado River Basin Salinity Control Act thority to: (43 U.S.C. 1592(c)). (i) Design and carry out periodic na- (62) Perform food and agricultural re- tionwide food consumption surveys to search in support of functions assigned measure household food consumption; to the Department under the Defense (ii) Design and carry out a contin- Production Act of 1950, as amended (50 uous, longitudinal individual intake U.S.C. App. 2061 et seq.), and title VI of survey of the United States population the Robert T. Stafford Disaster Relief and special high-risk groups; and

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(iii) Design and carry out methodo- (76) Administer the programs and logical research studies to develop im- services of the National Agricultural proved procedures for collecting house- Library consistent with its charge to hold and individual food intake conserve as the primary agricultural infor- sumption data; mation resource of the United States (67) [Reserved] and enter into agreements and receive (68) Provide staff support to the funds from various entities to conduct Under Secretary for Research, Edu- National Agricultural Library activi- cation, and Economics related to the ties (7 U.S.C. 3125a). Ten-Year Comprehensive Plan and the (77) Provide and distribute informa- Interagency Board for Nutrition Moni- tion and data about Federal, State, toring and Related Research required local, and other rural development as- by Pub. L. No. 101–445, 7 U.S.C. 5301 et sistance programs and services avail- seq. able to individuals and organizations. (69) Obtain and furnish excess prop- To the extent possible, the National erty to eligible recipients for use in the Agricultural Library shall use tele- conduct of research and extension pro- communications technology to dis- grams. seminate such information to rural areas (7 U.S.C. 3125b). (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) Provide a repository of agri- (75) Provide national leadership in culture and ground water quality plan- the development and maintenance of ning information (7 U.S.C. 5505). library and related information sys- (83) Disseminate information on ma- tems and other activities to support terials and methods of pest and disease the research, extension, and teaching control available to agricultural pro- programs in the food and agricultural ducers through the pest and disease sciences pursuant to the National Agri- control database (7 U.S.C. 5882). cultural Research, Extension, and (84) Represent the Department on all Teaching Policy Act of 1977, as amend- library and information science mated (7 U.S.C. 3101 and 3121). ters before Congressional Committees

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and appropriate commissions, and pro- pursuant to 15 U.S.C. 3710a–3710c, with vide representation to the coordinating authority to disapprove or require the committees of the Federal and State modification of any such agreement. governments concerned with library (94) Administer the Stuttgart Na- and information science activities. tional Aquaculture Research Center (16 (85) Represent the Department in U.S.C. 778 et seq.; Pub. L. 104–127, sec. international organizational activities 889). and on international technical com- (95) Provide technical and edu- mittees concerned with library and in- cational assistance to conserve and en- formation science activities. hance private grazing land resources (86) Prepare and disseminate com- (16 U.S.C. 2005b). puter files, indexes and abstracts, bib- liographies, reviews and other analyt- (96) Provide technical assistance to ical information tools. farmers and ranchers under the Envi- (87) Arrange for the consolidated pur- ronmental Quality Incentives Program chasing and dissemination of printed (16 U.S.C. 3830 et seq.). and automated indexes, abstracts, jour- (97) Enter into cooperative research nals, and other widely used informa- and development agreements with in- tion resources and services. dustry, universities, and others; insti- (88) Provide assistance and support to tute a cash award program to reward professional organizations and others scientific, engineering, and technical concerned with library and information personnel; award royalties to inven- science matters and issues. tors; and retain and use royalty income (89) Copy and deliver on demand se- (15 U.S.C. 3710a–3710c). lected articles and other materials (98) Coordinate USDA activities dele- from the National Agricultural Li- gated under 15 U.S.C. 3710a–3710c. brary’s collections by photographic re- (99) Ensure that agricultural research production or other means within the conducted by the Agricultural Re- permissions, constraints, and limita- search Service (ARS) addresses a con- tions of sections 106, 107, and 108 of the cern that is a priority and has na- Copyright Act of October 19, 1976 (17 tional, multistate, or regional signifi- U.S.C. 106, 107 and 108). (90) Formulate, write, or prescribe cance (7 U.S.C. 7611). bibliographic and technically related (100) Solicit and consider input and standards for the library and informa- recommendations from persons who tion services of USDA (7 U.S.C. 3125a et conduct or use agricultural research, seq.). extension, or education (7 U.S.C. (91) Assure the acquisition, preserva- 7612(b)). tion, and accessibility of all informa- (101) Consider the results of the an- tion concerning food and agriculture nual review performed by the Agricul- by providing leadership to and coordi- tural Research, Extension, Education, nation of the acquisition programs and and Economics Advisory Board regard- related activities of the library and in- ing the relevance to priorities of the formation systems, with the agencies funding of all agricultural research, ex- of USDA, other Federal departments tension, or education activities con- and agencies, State agricultural exper- ducted or funded by the Department iment stations, colleges and univer- and the adequacy of funding when for- sities, and other research institutions mulating each request for proposals, and organizations. and evaluating proposals, involving an (92) Determine by survey or other ap- agricultural research, extension, or propriate means, the information needs education activity funded, on a com- of the Department’s scientific, profes- petitive basis, by the Department; and sional, technical, and administrative staffs, its constituencies, and the gen- solicit and consider input from persons eral public in the areas of food, agri- who conduct or use agricultural re- culture, the environment, and other research, extension, or education regard- lated areas. ing the prior year’s request for pro- (93) Review cooperative research and posals for each activity funded on a development agreements entered into competitive basis (7 U.S.C. 7613(c)).

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(102) Establish procedures that en- facture and commercialization of nat- sure scientific peer review of all re- ural rubber from hydrocarbon-con- search activities conducted by the Ag- taining plants (7 U.S.C. 178–178n). ricultural Research Service (7 U.S.C. (2) Administer the appropriation for 7613(d)). the endowment and maintenance of (103) Coordinate the resources of the colleges for the benefit of agriculture Department to develop, commercialize, and the mechanical arts (7 U.S.C. 321– and promote the use of biobased prod- 326a). ucts, and enter into cooperative agree- (3) Administer teaching funds author- ments with private entities to operate ized by section 22 of the Bankhead pilot plants and other large-scale prep- Jones Act, as amended (7 U.S.C. 329). aration facilities under which the fa- (4) Cooperate with the States for the cilities and technical expertise of the purpose of encouraging and assisting Agricultural Research Service may be them in carrying out research related made available (7 U.S.C. 7624). to the problems of agriculture in its (104) Administer grants to consortia broadest aspects under the Hatch Act, of land-grant colleges and universities as amended (7 U.S.C. 361a–361i). to enhance the ability of the consortia (5) Administer an agricultural re- to carry out multi-State research search facilities proposal review proc- projects aimed at understanding and ess for submission to Congress (7 U.S.C. combating diseases of wheat, triticale, 390, 390a(a)–(d)). and barley caused by Fusarium (6) Carry out a program (IR–4 Pro- graminearum and related fungi or gram) for the collection of residue and Tilletia indica and related fungi (7 efficacy data in support of minor use U.S.C. 7628). pesticide registration or reregistration (105) Administer a program of fees to and to determine tolerances for minor support the Patent Culture Collection use chemical residues in or on agricul- maintained and operated by the Agri- tural commodities (7 U.S.C. 450i(e)). cultural Research Service (7 U.S.C. (7) Administer a program of competi- 7641). tive grants to State agricultural exper- (106) Update on a periodic basis, nu- iment stations, colleges and univer- trient composition data, and report to sities, other research institutions and Congress the method that will be used organizations, Federal agencies, pri- to update the data and the timing of vate organizations or corporations, and the update (7 U.S.C. 7651). individuals for research to further (107) Ensure that each research activ- USDA programs (7 U.S.C. 450i(b)). ity conducted by an Agricultural Re- (8) Administer a program of special search Service facility serves a na- grants to carry out research, exten- tional or multistate need (7 U.S.C. sion, or education activities to facili- 390a(e)). tate or expand promising break- (b) [Reserved] throughs in areas of food and agricul- [60 FR 56393, Nov. 8, 1995, as amended at 62 tural sciences and to facilitate or ex- FR 65594, Dec. 15, 1997; 65 FR 5416, Feb. 4, pand ongoing State-Federal food and 2000; 68 FR 27445, May 20, 2003] agricultural research, extension, or education programs; and administer a § 2.66 Administrator, Cooperative program of facilities grants to renovate State Research, Education, and Ex- and refurbish research spaces (7 U.S.C. tension Service. 450i (c) and (d)). (a) Delegations. Pursuant to § 2.21 (9) Make grants and enter into con- (a)(1) and (a)(3), subject to the reserva- tracts and other agreements for out- tions in § 2.21(b)(1), the following dele- reach and technical assistance to so- gations of authority are made by the cially disadvantaged farmers and Under Secretary for Research, Edu- ranchers (7 U.S.C. 2279(a)(3)). cation, and Extension to the Adminis- (10) Administer, in cooperation with trator, Cooperative State Research, land-grant colleges and universities Education, and Extension Service. where applicable, a rural development (1) Administer research and tech- research and extension program, a nology development grants related to small farm research and extension pro- the economic feasibility of the manu- gram, and a rural health and safety

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education program under the Rural De- (18) Support continuing agricultural velopment Act of 1972, as amended (7 and forestry extension and research, at U.S.C. 2661–2667). 1890 land-grant colleges, including (11) Provide national leadership and Tuskegee University, and administer a support for cooperative research and grant program for five National Re- extension programs and other coopera- search and Training Centennial Cen- tive activities in the food and agricul- ters (7 U.S.C. 3221, 3222, 3222c, 3222d). tural sciences to meet major needs and (19) Administer grants to 1890 land- challenges in food and agricultural sys- grant colleges, including Tuskegee tem productivity; development of new University, through Federal-grant food, fiber, and energy sources; agricul- funds to help finance and upgrade agri- tural energy use and production; nat- cultural and food science facilities ural resources; promotion of the health which are used for research, extension, and welfare of people; human nutrition; and resident instruction (7 U.S.C. and international food and agriculture 3222b). pursuant to the National Agricultural (20) Provide policy direction and co- Research, Extension, and Teaching ordinate the Department’s work with Policy Act of 1977, as amended (7 U.S.C. national and international institutions 3101 et seq.). and other persons throughout the (12) Conduct a program of grants to world in the performance of agricul- States to expand, renovate, or improve tural research, extension, teaching, schools of veterinary medicine (7 and development activities; administer U.S.C. 3151). a program of competitive grants for (13) Formulate and administer pro- collaborative projects involving Fed- grams to strengthen secondary edu- eral scientists or scientists from col- cation and two-year post secondary leges and universities working with teaching programs; promote linkages scientists at international agricultural between secondary, two-year post-sec- research centers in other nations focus- ondary, and higher education programs ing either on new technologies and pro- in the food and agricultural sciences; grams for increasing the production of administer grants to secondary edu- food and fiber or training scientists cation and two-year post secondary and a program of competitive grants to teaching programs, and to colleges and colleges and universities to strengthen universities; and maintain a national United States economic competitive- food and agricultural education infor- ness and to promote international mar- mation system (7 U.S.C. 3152). ket development; and establish a pro- (14) Administer the National Food gram in coordination with the Foreign and Agricultural Sciences Teaching Agricultural Service to place interns Awards program for recognition of edu- from United States colleges and uni- cators in the food and agricultural versities at Foreign Agricultural Serv- sciences (7 U.S.C. 3152). ice field offices overseas (7 U.S.C. 3291, (15) Administer grants to colleges, 3292b). universities, and Federal laboratories (21) Administer a program of com- for research on the production and petitive grants to colleges and univer- marketing of alcohol and industrial hy- sities and State cooperative institu- drocarbons from agricultural commod- tions for the acquisition of special pur- ities and forest products (7 U.S.C. 3154). pose scientific research equipment for (16) Make grants, competitive grants, use in the food and agricultural and special research grants to, and sciences (7 U.S.C. 3310a). enter into agreements and other con- (22) Conduct program evaluations to tracting instruments with policy re- improve the administration and effi- search centers (7 U.S.C. 3155). cacy of the cooperative research grants (17) Conduct a program of grants to and extension programs involving States to support continuing animal State agricultural experiment stations, health and disease research programs cooperative extension services, and col- under the National Agricultural Re- leges and universities (7 U.S.C. 3317). search, Extension, and Teaching Policy (23) Enter into contracts, grants, or Act of 1977, as amended (7 U.S.C. 3191– cooperative agreements to further re- 3201). search, extension or teaching activities

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in the food and agricultural sciences (7 weather information systems (7 U.S.C. U.S.C. 3318) 5854). (24) Enter into cost-reimbursable (34) In cooperation with the Agricul- agreements with State cooperative in- tural Research Service, administer stitutions or other colleges and univer- competitive research grants regarding sities for the acquisition of goods or the production, preparation, proc- services in support of research, exten- essing, handling, and storage of agri- sion, or teaching activities in the food culture products (7 U.S.C. 5871–5874). and agricultural sciences, including (35) Administer a grants and con- the furtherance of library and related tracts program on integrated pest man- information programs (7 U.S.C. 3319a). agement including research to benefit (25) Conduct research and develop floriculture and administer an exten- and implement a program for the de- sion program developed for integrated velopment of supplemental and alter- pest management (7 U.S.C. 5881). native crops (7 U.S.C. 3319d). (36) Administer a grants program to (26) Administer an Aquaculture As- States on the control of infestations sistance Program, involving centers, and eradication of exotic pests (7 by making grants to eligible institu- U.S.C. 5883). tions for research and extension to fa- (37) Administer a grant program for cilitate or expand production and mar- risk assessment research to address keting of aquacultural food species and concerns about the environmental ef- products; making grants to States to fects of biotechnology (7 U.S.C. 5921). formulate aquaculture development (38) Develop and implement a pro- plans for the production and marketing gram to communicate with the public of aquacultural species and products; regarding the use of biotechnology in conducting a program of research, ex- producing food for human consumption tension and demonstration at (7 U.S.C. 5921a). aquacultural demonstration centers (7 (39) Administer a rural electronic U.S.C. 3321–3322). commerce extension program through (27) [Reserved] grants to regional rural development (28) Administer a cooperative range- centers and competitive grants to land- land research program (7 U.S.C. 3331– grant colleges and universities and to 3336). colleges and universities (including (29) Administer grants for basic re- community colleges) with agricultural search on cancer in animals and birds or rural development programs (7 (7 U.S.C. 3902). U.S.C. 5923). (30) Administer programs and con- (40) Conduct a research initiative duct projects in cooperation with other known as the Agricultural Genome Ini- agencies for research and education on tiative; and make grants or enter coop- sustainable agriculture (7 U.S.C. 5811– erative agreements on a competitive 5813). basis with individuals and organiza- (31) Administer a cooperative re- tions to carry out the Initiative (7 search and extension program to opti- U.S.C. 5924). mize crop and livestock production po- (41) [Reserved] tential in integrated resource manage- (42) Administer a competitive high ment and integrated crop management priority research and extension grants systems (7 U.S.C. 5821). program in specified subject areas (7 (32) Establish an Agricultural Weath- U.S.C. 5925). er Office and administer a national ag- (43) Administer a program of com- ricultural weather information system, petitive grants to support research and including competitive grants program extension activities in Nutrient Man- for research in atmospheric sciences agement Research and Extension (7 and climatology (7 U.S.C. 5852–5853). U.S.C. 5925a). (33) Administer a cooperative exten- (44) Administer competitive grants to sion program on agricultural weather support research and extension activi- forecasts and climate information for ties regarding organically grown and agricultural producers and administer processed agricultural commodities (7 a grant program to States to admin- U.S.C. 5925b). ister programs for State agricultural (45) [Reserved]

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(46) Establish and administer a pro- (58)–(60) [Reserved] gram for the development and utiliza- (61) Administer a cooperative agri- tion of an agricultural communications cultural extension program in accord- network (7 U.S.C. 5926). ance with the Smith-Lever Act, as (47)–(48) [Reserved] amended (7 U.S.C. 341–349). (49) Support research on the effects of (62) Administer a cooperative agri- global climate change in agriculture cultural extension program related to and forestry, including mitigation of agriculture, uses of solar energy with the effects on crops of economic sig- respect to agriculture, and home eco- nificance, and on the effects of the nomics in the District of Columbia emissions of certain gases on global (D.C. Code 31–1409). climate change (7 U.S.C. 6702). (63) Conduct educational and dem- (50) Administer the Small Business onstration work related to the dis- Innovation Development Act of 1982 for tribution and marketing of agricul- USDA (15 U.S.C. 638(e)-(k)). tural products under the Agricultural (51) Administer a cooperative for- Marketing Act of 1946, as amended (7 estry program in accordance with the U.S.C. 1621–1627). McIntire-Stennis Cooperative Forestry (64) Administer a competitive grant Act, and administer a competitive for- program for non-profit institutions to estry, natural resources, and environ- establish and operate centers for rural mental grant program (16 U.S.C. 582a– technology or cooperative development 582a–8). (7 U.S.C. 1932(f)). (52) Establish and administer the (65) Administer a nutrition education Forestry Student Grant Program to program for Food Stamp recipients and provide competitive grants to assist for the distribution of commodities on the expansion of the professional edu- reservations (7 U.S.C. 2020(f)). cation of forestry, natural resources, (66)–(71) [Reserved] and environmental scientists (16 U.S.C. (72) Administer a cooperative exten- 1649). sion program under the Farmer-to-Con- (53) Provide staff support to the Sec- sumer Direct Marketing Act of 1976 (7 retary of Agriculture in his or her role U.S.C. 3004). as permanent Chair for the Joint Sub- committee on Aquaculture established (73) Identify and compile information by the National Aquaculture Act of on methods of composting agricultural 1980 and coordinate aquacultural re- wastes and its potential uses and de- sponsibilities within the Department velop educational programs on (16 U.S.C. 2805). composting (7 U.S.C. 3130). (54) Administer extension education (74) Administer a National Food and programs in aquaculture and admin- Human Nutrition Research and Exten- ister grants related to research and de- sion Program (7 U.S.C. 3171–3173, 3175) velopment in aquaculture (16 U.S.C. (75) [Reserved] 2806). (76) Design educational programs, im- (55) Coordinate research by cooper- plement, and distribute materials in ating State research institutions and cooperation with the cooperative ex- administer education and information tension services of the States empha- activities assigned under the Defense sizing the importance of productive Production Act of 1950, as amended (50 farmland pursuant to section 1544(a) of U.S.C. App. 2061 et seq.), and title VI of the Farmland Protection Policy Act (7 the Robert T. Stafford Disaster Relief U.S.C. 4205(a)). and Emergency Assistance Act (42 (77) [Reserved] U.S.C. 5195 et seq.). (78) Design, implement, and develop (56) Provide management support handbooks, technical guides, and other services to agencies reporting to the educational materials emphasizing sus- Under Secretary for Research, Edu- tainable agriculture production sys- cation, and Economics in the adminis- tems and practices (7 U.S.C. 5831). tration of discretionary grants. (79) Administer a competitive grant (57) Represent the Department on the program to organizations to carry out Federal Interagency Council on Edu- a training program on sustainable agri- cation. culture (7 U.S.C. 5832).

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(80) Establish a national pesticide re- Basin Salinity Control Act (43 U.S.C. sistance monitoring program (7 U.S.C. 1592(c)). 5882). (97) Provide educational and tech- (81) Conduct educational programs on nical assistance in implementing and the biology and behavior of chinch administering the conservation reserve bugs (7 U.S.C. 5884). program authorized in sections 1231– (82) Administer education programs 1244 of the Food Security Act of 1985 on Indian reservations and tribal juris- (Pub. L. No. 99–198, 99 Stat. 1509, 16 dictions (7 U.S.C. 5930). U.S.C. 3831–3844). (83) Administer competitive grants to (98) Establish and administer a 1994 States to establish a pilot project to Institutions Endowment Fund and to coordinate food and nutrition edu- enter into agreements necessary to do cation programs (7 U.S.C. 2027(a) and this (Section 533(b)(c) of the Equity in 5932). Educational Land-Grant Status Act of (84) Administer a demonstration 1994, 7 U.S.C. 301 note). grants program for support of an as- (99) Make grants in equal amounts to sistive technology program for farmers 1994 Land-Grant Institutions to be used with disabilities (7 U.S.C. 5933). in the same manner as is prescribed for (85) Conduct educational and dem- colleges under the Act of August 30, onstrational work in cooperative farm 1890 (26 Stat. 417, chapter 841; 7 U.S.C. forestry programs (16 U.S.C. 568). 321 et seq.) (commonly known as the (86) Provide for an expanded and com- Second Morrill Act), and subject to the prehensive extension program for for- requirements of such Act (Sections 533 est and rangeland renewable resources and 534 of the Equity in Educational (16 U.S.C. 1671–1676). Land-Grant Act of 1994, 7 U.S.C. 301 (87) [Reserved] note). (88) Provide technical, financial, and (100) Make competitive Institutional educational assistance to State for- Capacity Building Grants to assist 1994 esters and State extension directors on Institutions with constructing, acquir- rural forestry assistance (16 U.S.C. ing, and remodeling buildings, labora- 2102). tories, and other capital facilities (in- (89) Provide educational assistance to cluding fixtures and equipment) nec- State foresters under the Forest Stew- essary to conduct instructional activi- ardship Program (16 U.S.C. 2103a). ties more effectively in agriculture and (90) Implement and conduct an edu- sciences (Section 535 of the Equity in cational program to assist the develop- Educational Land-Grant Status Act of ment of urban and community forestry 1994, 7 U.S.C. 301 note). programs (16 U.S.C. 2105). (101) Make competitive grants to 1994 (91) Provide educational assistance to Land-Grant Institutions to conduct ag- farmers regarding the Agricultural ricultural research that addresses high Water Quality Protection Program (16 priority concerns of tribal, national, or U.S.C. 3838b). multistate significance (Section 536 of (92) Authorize the use of the 4–H Club the Equity in Educational Land-Grant name and emblem (18 U.S.C. 707). Status Act of 1994, 7 U.S.C. 301 note). (93) Conduct demonstrational and (102) Implement and administer the promotional activities related to farm Community Food Projects Program dwellings and other buildings for the and the Innovative Programs for Ad- purposes of reducing costs and adapt- dressing Common Community Prob- ing and developing fixtures and appur- lems pursuant to the provisions of sec- tenances for more efficient and eco- tion 25 of the Food Stamp Act of 1977 (7 nomical farm use (42 U.S.C. 1476(b)). U.S.C. 2034). (94) [Reserved] (103) [Reserved] (95) Exercise the responsibilities of (104) Develop and carry out a system the Secretary under regulations deal- to monitor and evaluate agricultural ing with Equal Employment Oppor- research and extension activities con- tunity (part 18 of this title). ducted or supported by the Department (96) Carry out demonstration and of Agriculture that will enable the Sec- educational activities authorized in retary to measure the impact and ef- section 202(c) of the Colorado River fectiveness of research, extension, and

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education programs according to prior- hance private grazing land resources ities, goals, and mandates established (16 U.S.C. 2005b). by law. Conduct a comprehensive re- (114) Provide technical assistance to view of state-of-the-art information farmers and ranchers under the Envi- technology systems for use in devel- ronmental Quality Incentives Program oping the system (7 U.S.C. 3129). (16 U.S.C. 3830 et seq.). (105) Conduct a pilot research pro- (115) Coordinate USDA policy and gram to link major cancer and heart conduct programs relative to the Fed- and other circulatory disease research eral Insecticide, Fungicide, and efforts with agricultural research ef- Rodenticide Act, as amended (7 U.S.C. forts to identify compounds in vegeta- 136, et seq.) and coordinate the Depart- bles and fruits that prevent these dis- ment’s Integrated Pest Management eases (7 U.S.C. 3174a). Programs and the Pesticide Assess- (106) Administer grants to 1890 land- ment Program (7 U.S.C. 136–136y). grant colleges, including Tuskegee (116) Conduct programs of research, University, through Federal-grant technology development, and edu- funds to help finance research facilities cation related to global climate change and equipment including agricultural (7 U.S.C. 6701–6710). libraries (7 U.S.C. 3223). (117) Represent the Department in (107) Establish and administer com- international organizational activities petitive grants (or grants without re- and on international technical com- gard to any requirement for competi- mittees concerned with agricultural tion) to Hispanic-serving Institutions for the purpose of promoting and science, education, and development strengthening the ability of Hispanic- activities, including library and infor- serving Institutions to carry out edu- mation science activities. cation, applied research, and related (118) Conduct a program of nutrition community development programs (7 education research. U.S.C. 3241). (119) Ensure that agricultural re- (108) [Reserved] search, extension, or education activi- (109) Award a grant, on a competitive ties administered, on a competitive basis, to establish a red meat safety re- basis, by the Cooperative State Re- search center at an eligible research fa- search, Education, and Extension Serv- cility (7 U.S.C. 5929). ice address a concern that is a priority (110) Coordinate the development and and has national, multistate, or re- carrying out by Department agencies gional significance (7 U.S.C. 7611). of all matters and functions pertaining (120) Solicit and consider input and to agricultural research conducted or recommendations from persons who funded by the Department involving conduct or use agricultural research, biotechnology, including the develop- extension, or education; ensure that ment and implementation of guidelines Federally supported and conducted ag- for oversight of research activities, ricultural research, extension, and edu- acting as liaison on all matters and cation activities are accomplished in functions pertaining to agricultural re- accord with identified management search in biotechnology between agen- principles; and promulgate regulations cies within the Department and be- concerning implementation of a proc- tween the Department and other gov- ess for obtaining stakeholder input at ernmental, educational, or private or- 1862, 1890, and 1994 Institutions (7 ganizations and carrying out any other U.S.C. 7612 (b), (c)and (d)). activities authorized by (7 U.S.C. 3121). (121) Establish procedures that pro- (111) Provide staff support to the vide for scientific peer review of each Under Secretary for Research, Edu- agricultural research grant adminis- cation, and Economics related to the tered, on a competitive basis, and for National Agricultural Research, Exten- merit review of each agricultural ex- sion, Education, and Economics Advi- tension or education grant adminis- sory Board (7 U.S.C. 3123). tered, on a competitive basis, by the (112) [Reserved] Cooperative State Research, Edu- (113) Provide technical and education, and Extension Service (7 U.S.C. cational assistance to conserve and en- 7613(a)).

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(122) Consider the results of the an- base through contracts, grants, or co- nual review performed by the Agricul- operative agreements with appropriate tural Research, Extension, Education, colleges or universities (7 U.S.C. 7642). and Economics Advisory Board regard- (130) Develop a national program of ing the relevance to priorities of the safe food handling education for adults funding of all agricultural research, ex- and young people to reduce the risk of tension, or education activities con- food-borne illness (7 U.S.C. 7655). ducted or funded by the Department (131) Cooperate with other Federal and the adequacy of funding, when for- agencies (including the National mulating each request for proposals, Science Foundation) in issuing joint and evaluating proposals, involving an requests for proposals, awarding agricultural research, extension, or education activity funded, on a com- grants, and administering grants under petitive basis, by the Department; and any competitive agricultural research, solicit and consider input from persons education, or extension grant program who conduct or use agricultural re- (7 U.S.C. 3319b). search, extension, or education regard- (132) Administer a program of com- ing the prior year’s request for pro- petitive grants, establish education posals for each activity funded on a teams, and establish an online clear- competitive basis (7 U.S.C. 7613(c)). inghouse of curricula and training ma- (123) Require a procedure to be estab- terials and programs, all for training, lished by each 1862, 1890, and 1994 Insti- education, outreach, and technical as- tution, for merit review of each agri- sistance initiatives for the benefit of cultural research and extension activ- beginning farmers and ranchers (7 ity funded and review of the activity in U.S.C. 3319f). accordance with the procedure (7 (133) Administer agricultural re- U.S.C. 7613(e)). search, education, and extension ac- (124) Administer an Initiative for Fu- tivities (including through competitive ture Agriculture and Food Systems (7 grants), using any authority available U.S.C. 7621). to the Secretary, to reduce the vulner- (125) Administer a program of com- ability of the United States food and petitive grants to eligible partnerships agricultural system to chemical or bio- to coordinate and manage research and logical attack, to continue partner- extension activities to enhance the quality of high-value agricultural prod- ships with institutions of higher edu- ucts (7 U.S.C. 7622). cation and other institutions to help (126) Administer a program of com- form stable, long-term programs to en- petitive grants to eligible entities to hance the biosecurity of the United conduct research, education, or infor- States, to make competitive grants to mation dissemination projects for the universities and qualified research in- development and advancement of preci- stitutions for research on sion agriculture (7 U.S.C. 7623). counterbioterrorism, and to counter or (127) Administer the Thomas Jeffer- otherwise respond to chemical or bio- son Initiative for Crop Diversification logical attack (7 U.S.C. 3351). program of competitive grants and con- (134) Administer a program of com- tracts for the purpose of conducting re- petitive grants to colleges and univer- search and development, in coopera- sities for expansion and security up- tion with other public and private enti- grades to enhance the security of agri- ties, on the production and marketing culture against bioterrorism (7 U.S.C. of new and nontraditional crops needed 3352). to strengthen and diversify the agricul- (135) Administer programs for dis- tural production base of the United tance education grants and resident in- States (7 U.S.C. 7625). struction grants to eligible institutions (128) Administer competitive grants in insular areas that have demon- for integrated, multifunctional agricultural research, education, and exten- strable capacity to carry out teaching sion activities (7 U.S.C. 7626). and extension programs in the food and (129) Operate and administer the agricultural sciences (7 U.S.C. 3361– Food Animal Residue Avoidance Data- 3363).

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(136) Administer a program of cooper- (i) Food and agriculture situation ative research (including through com- and outlook; petitive award of grants and coopera- (ii) The production, marketing, and tive agreements to colleges and univer- distribution of food and fiber products sities) and extension projects on carbon (excluding forest and forest products), cycling in soils and plants, the ex- including studies of the performance of change of other greenhouse gases from the food and agricultural sector of the agriculture, and the carbon sequestra- economy in meeting needs and wants of tion benefits of conservation practices consumers; (7 U.S.C. 6711). (iii) Basic and long-range, worldwide, (137) Administer a program, in co- economic analyses and research on sup- ordination with State veterinarians ply, demand, and trade in food and and other appropriate State animal fiber products and the effects on the health professionals, to conduct re- U.S. food and agriculture system, in- search, testing, and evaluation of pro- cluding general economic analyses of grams for the control and management the international financial and mone- of Johne’s disease in livestock (7 U.S.C. tary aspects of agricultural affairs; 7629). (iv) Natural resources, including (138) Administer a program of grants studies of the use and management of to the Girl Scouts of the United States land and water resources, the quality of America, the Boy Scouts of America, of these resources, resource institu- the National 4–H Council, and the Na- tions, and watershed and river basin tional FFA Organization to establish development problems; and pilot projects to expand the programs (v) Rural people and communities, as carried out by the organizations in authorized by title II of the Agricul- rural areas and small towns (7 U.S.C. tural Marketing Act of 1946, as amend- 7630). ed (7 U.S.C. 1621–1627), and the Act of (139) Oversee implementation of the June 29, 1935, as amended (7 U.S.C. 427). termination of Federal schedule A civil (3) Perform economic and other so- service appointments of State agricul- cial science research under section tural extension employees at land- 104(b)(1) and (3) of the Agricultural grant colleges and universities (section Trade Development and Assistance Act 7220 of Pub. L. 107–171). of 1954, as amended, with funds admin- (140) Administer and direct a pro- istered by the Foreign Agricultural gram of grants to the Food and Agri- Service (7 U.S.C. 1704(b)(1), (3)). cultural Policy Research Institute (sec- (4) Investigate and make findings as tion 10805 of Pub. L. 107–171). to the effect upon the production of (b) [Reserved] food and upon the agricultural econ- [60 FR 56393, Nov. 8, 1995, as amended at 62 omy of any proposed action pending be- FR 65595, Dec. 15, 1997; 65 FR 5417, Feb. 4, fore the Administrator of the Environ- 2000; 68 FR 27445, May 20, 2003] mental Protection Agency for presen- tation in the public interest, before § 2.67 Administrator, Economic Re- said Administrator, other agencies, or search Service. before the courts. (a) Delegations. Pursuant to § 2.21 (5) Review economic data and anal- (a)(3), (a)(8) and (a)(9), subject to res- yses used in speeches by Department ervations in § 2.21(b)(2), the following personnel and in materials prepared for delegations of authority are made by release through the press, radio and the Under Secretary for Research, Edu- television. cation, and Economics to the Adminis- (6) Cooperate and work with national trator, Economic Research Service: and international institutions and (1) Conduct economic research on other persons throughout the world in matters of importance to cooperatives the performance of agricultural re- as authorized by the Agricultural Mar- search and extension activities to pro- keting Act of 1946 (7 U.S.C. 1621–1627). mote and support the development of a (2) Conduct economic and social viable and sustainable global agricul- science research and analyses relating tural system. Such work may be car- to: ried out by:

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(i) Exchanging research materials search programs in the food and agri- and results with the institutions or cultural sciences (7 U.S.C. 3318). persons; (10) Enter into cost-reimbursable (ii) Engaging in joint or coordinated agreements relating to agricultural re- research; search (7 U.S.C. 3319a). (iii) Entering into cooperative ar- (11) Represent the Department in rangements with Departments and international organizational activities Ministries of Agriculture in other na- and on international technical com- tions to conduct research, extension; mittees concerned with agricultural and education activities (limited to ar- science, education, and development rangements either involving no ex- activities, including library and infor- change of funds or involving disburse- mation science activities. ments by the agency to the institu- (12) Facilitate access by research and tions of other nations), and then re- extension professionals, farmers, and porting these arrangements to the other interested persons in the United Under Secretary for Research, Edu- States to, and the use by those persons cation, and Economics; of, organic research conducted outside (iv) Stationing representatives at the United States (7 U.S.C. 5925d). such institutions or organizations in (13)–(14) [Reserved] foreign countries; or (15) Solicit and consider input and (v) Entering into agreements with recommendations from persons who land-grant colleges and universities, conduct or use agricultural research, other organizations, institutions, or in- extension, or education (7 U.S.C. dividuals with comparable goals, and 7612(b)). with the concurrence of the Office of (16) Consider the results of the an- International Cooperation and Devel- nual review performed by the Agricul- opment, USDA, international organiza- tural Research, Extension, Education, tions (limited to agreements either in- and Economics Advisory Board regard- volving no exchange of funds or involving the relevance to priorities of the ing disbursements by the agency to the funding of all agricultural research, ex- cooperator), and then reporting these tension, or education activities con- agreements to the Under Secretary for ducted or funded by the Department Research, Education, and Economics (7 and the adequacy of funding, when for- U.S.C. 3291(a)). mulating each request for proposals, (7) Prepare for transmittal by the and evaluating proposals, involving an Secretary to the President and both agricultural research, extension, or Houses of Congress, an analytical re- education activity funded, on a com- port under section 5 of the Agricultural petitive basis, by the Department; and Foreign Investment Disclosure Act of solicit and consider input from persons 1978 (7 U.S.C. 3504) concerning the ef- who conduct or use agricultural re- fect of holdings, acquisitions, and search, extension, or education regard- transfers of U.S. agricultural land by ing the prior year’s request for pro- foreign persons. 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 estimates 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).

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(b) Reservation. The following author- (5) Enter into contracts, grants, or ity is reserved to the Under Secretary cooperative agreements to further re- for Research, Education, and Econom- search and statistical reporting pro- ics: Review all proposed decisions hav- grams in the food and agricultural ing substantial economic policy impli- sciences (7 U.S.C. 3318). cations. (6) Enter cost-reimbursable agree- [60 FR 56393, Nov. 8, 1995, as amended at 62 ments relating to agricultural research FR 65596, Dec. 15, 1997; 64 FR 40736, July 28, and statistical reporting (7 U.S.C. 1999; 65 FR 5418, Feb. 4, 2000; 68 FR 27446, May 3319a). 20, 2003] (7) Cooperate and work with national and international institutions and § 2.68 Administrator, National Agricul- other persons throughout the world in tural Statistics Service. the performance of agricultural re- (a) Delegations. Pursuant to § 2.21 search and extension activities to pro- (a)(3) and (a)(8), subject to reservations mote and support the development of a in § 2.21(b)(2), the following delegations viable and sustainable global agricul- of authority are made by the Under tural system. Such work may be car- Secretary for Research, Education, and ried out by: Economics to the Administrator, Na- (i) Exchanging research materials tional Agricultural Statistics Service: and results with the institutions or (1) Prepare crop and livestock esti- persons; mates and administer reporting pro- (ii) Engaging in joint or coordinated grams, including estimates of produc- research; tion, supply, price, and other aspects of 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 yses and coordinate and review all risk 1998 and every fifth year thereafter assessments and cost-benefit analyses pursuant to the Census of Agriculture prepared by any agency of the Depart- Act of 1997, Pub. L. 105–113 (7 U.S.C. ment. 2204g). (3) Enter into contracts, grants, or (10) Ensure that segregated data on cooperative agreements to further re- the production and marketing of or- search programs in the food and agri- ganic agricultural products is included culture sciences (7 U.S.C. 3318). in the ongoing baseline of data collec- (b) Reservation. The following author- tion regarding agricultural production ity is reserved to the Chief Economist: and marketing (7 U.S.C. 5925c). Review all proposed decisions having (11) Administer a program of manda- substantial economic policy implica- tory reporting for dairy products and tions. substantially identical products (7 [60 FR 56393, Nov. 8, 1995, as amended at 63 U.S.C. 1637a, 1638b). FR 66979, Dec. 4, 1998] (b) Reservation. The following authority is reserved to the Under Secretary § 2.72 Chairman, World Agricultural for Research, Education, and Econom- Outlook Board. ics: Review all proposed decisions hav- (a) Delegations. Pursuant to § 2.29 ing substantial economic policy impli- (a)(3) through (a)(7), the following dele- cations. gations of authority are made by the [60 FR 56393, Nov. 8, 1995, as amended at 62 Chief Economist to the Chairman, FR 65596, Dec. 15, 1997; 65 FR 5418, Feb. 4, World Agricultural Outlook Board: 2000; 68 FR 27446, May 20, 2003] (1) Related to food and agriculture outlook and situation. (i) Coordinate and Subpart L—Delegations of review all crop and commodity data Authority by the Chief Economist used to develop outlook and situation material within the Department. § 2.70 Deputy Chief Economist. (ii) Oversee and clear for consistency Pursuant to § 2.29, the following dele- analytical assumptions and results of gation of authority is made by the all estimates and analyses which sig- Chief Economist to the Deputy Chief nificantly relate to international and Economist, to be exercised only during domestic commodity supply and de- the absence or unavailability of the mand, including such estimates and Chief Economist: Perform all the du- analyses prepared for public distribu- ties and exercise all the powers which tion by the Foreign Agricultural Serv- are now or which may hereafter be del- ice, the Economic Research Service, or egated to the Chief Economist. by any other agency or office of the De- partment. § 2.71 Director, Office of Risk Assess- (2) Related to weather and climate. (i) ment and Cost-Benefit Analysis. Advise the Secretary on climate and (a) Delegations. Pursuant to weather activities, and coordinate the § 2.29(a)(2), the following delegations of development of policy options on authority are by the Chief Economist weather and climate. to the Director, Office of Risk Assess- (ii) Coordinate all weather and cli- ment and Cost-Benefit Analysis: mate information and monitoring ac- (1) Responsible for assessing the risks tivities within the Department and to human health, human safety, or the provide a focal point in the Depart- environment, and for preparing cost- ment for weather and climate informa- benefit analyses, with respect to pro- tion and impact assessment. posed major regulations, and for pub- (iii) Arrange for appropriate rep- lishing such assessments and analyses resentation to attend all meetings, in the FEDERAL REGISTER as required hearings, and task forces held outside by section 304 of the Department of Ag- the Department which require such riculture Reorganization Act of 1994 (7 representation. U.S.C. 2204e) (iv) Designate the Executive Sec- (2) Provide direction to Department retary of the USDA Weather and Cli- agencies in the appropriate methods of mate Program Coordinating Com- risk assessment and cost-benefit anal- mittee.

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(3) Related to interagency commodity sistent with these assumptions and co- estimates committees. (i) Establish Inter- ordinated through the Interagency agency Commodity Estimates Commit- Commodity Estimates Committees. tees for Commodity Credit Corporation (b) Reservation. The following author- price-supported commodities, for major ity is reserved to the Chief Economist: products thereof, and for commodities Review all proposed decisions having where a need for such a committee has substantial economic policy implica- been identified, in order to bring to- tions. gether estimates and supporting analyses from participating agencies, and § 2.73 Director, Office of Energy Policy to develop official estimates of supply, and New Uses. utilization, and prices for commodities, (a) Delegations. Pursuant to including the effects of new program § 2.29(a)(11), the following delegations proposals on acreage, yield, production, of authority are made by the Chief imports, domestic utilization, price, in- Economist to the Director, Office of come, support programs, carryover, ex- Energy Policy and New Uses: ports, and availabilities for export. (ii) Designate the Chairman, who (1) Providing Department leadership shall also act as Secretary, for all in: Interagency Commodity Estimates (i) Analyzing and evaluating existing Committees. and proposed energy policies and strat- (iii) Assure that all committee mem- egies, including those regarding the al- bers have the basic assumptions, back- location of scarce resources; ground data and other relevant data re- (ii) Developing energy policies and garding the overall economy and mar- strategies, including those regarding ket prospects for specific commodities. the allocation of scarce resources; (iv) Review for consistency of analyt- (iii) Reviewing and evaluating De- ical assumptions and results all pro- partmental energy and energy-related posed decisions made by Commodity programs and program progress; Estimates Committees prior to any re- (iv) Developing agricultural and lease outside the Department. rural components of national energy (4) Related to remote sensing. (i) Pro- policy plans; vide technical assistance, coordination, (v) Preparing reports on energy and and guidance to Department agencies energy-related policies and programs in planning, developing, and carrying required under Act of Congress and Ex- out satellite remote sensing activities ecutive Orders, including those involv- to assure full consideration and evalua- ing testimony and reports on legislation of advanced technology. tive proposals. (ii) Coordinate administrative, man- (2) Providing Departmental oversight agement, and budget information relat- and coordination with respect to re- ing to the Department’s remote sens- sources available for energy and en- ing activities including: ergy-related activities, including funds (A) Inter- and intra-agency meetings, transferred to USDA from departments correspondence, and records; (B) Budget and management tracking and agencies of the Federal govern- systems; and ment pursuant to interagency agree- (C) Inter-agency contacts and tech- ments. nology transfer. (3) Representing the Chief Economist (iii) Designate the Executive Sec- at conferences, meetings, and other retary for the Remote Sensing Coordi- contacts where energy matters are dis- nation Committee. cussed, including liaison with the De- (5) Related to long-range commodity partment of Energy, the Environ- and agricultural-sector projections. Es- mental Protection Agency, and other tablish committees of the agencies of governmental departments and agen- the Department to coordinate the de- cies. velopment of a set of analytical as- (4) Providing the Chief Economist sumptions and long-range agricultural- with such assistance as requested to sector projections (2 years and beyond) perform the duties delegated to the Di- based on commodity projections con- rector concerning energy and new uses.

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(5) Working with the Office of the As- Subpart N—Delegations of Author- sistant Secretary for Congressional Re- ity by the Under Secretary for lations to maintain Congressional and Marketing and Regulatory public contacts in energy matters, in- Programs cluding development of legislative proposals, preparation of reports on legis- § 2.77 Deputy Under Secretary for lation pending in congress, appearances Marketing and Regulatory Pro- before Congressional committees, and grams. related activities. Pursuant to § 2.22(a), subject to res- (6) These delegations exclude the en- ervations in § 2.22(b), and subject to ergy management actions related to policy guidance and direction by the the internal operations of the Depart- Under Secretary, the following delega- ment as delegated to the Assistant Sec- tion of authority is made by the Under retary for Administration. Secretary for Marketing and Regu- (7) Conduct a program on the eco- latory Programs to the Deputy Under nomic feasibility of new uses of agri- Secretary for Marketing and Regu- cultural products. Assist agricultural latory Programs, to be exercised only researchers by evaluating the economic during the absence or unavailability of and market potential of new agricul- the Under Secretary: Perform all the tural products in the initial phase of duties and exercise all the powers development and contributing to which are now or which may hereafter prioritization of the Departmental re- be delegated to the Under Secretary for search agenda. Marketing and Regulatory Programs. (8) Administer a competitive bio- diesel fuel education grants program (7 [68 FR 27446, May 20, 2003] U.S.C. 8104). § 2.79 Administrator, Agricultural Mar- (9) Implement a memorandum of un- keting Service. derstanding with the Secretary of En- ergy regarding cooperation in the ap- (a) Delegations. Pursuant to plication of hydrogen and fuel cell § 2.22(a)(1), (a)(5) and (a)(8), subject to technology programs for rural commu- reservations in § 2.22(b)(1), the following delegations of authority are nities and agricultural producers (7 made by the Assistant Secretary for U.S.C. 8107). Marketing and Regulatory Programs (b) [Reserved] to the Administrator, Agricultural [64 FR 40736, July 28, 1999, as amended at 68 Marketing Service: FR 27446, May 20, 2003] (1) Exercise the functions of the Sec- retary of Agriculture contained in the Subpart M—Delegations of Au- Agricultural Marketing Act of 1946, as thority by the Chief Financial amended (7 U.S.C. 1621–1627), including Officer payments to State departments of agriculture in connection with cooperative § 2.75 Deputy Chief Financial Officer. marketing service projects under section 204(b) (7 U.S.C. 1623(b)), but except- Pursuant to § 2.28, the following dele- ing matters otherwise assigned. gation of authority is made by the (2) Conduct marketing efficiency re- Chief Financial Officer to the Deputy search and development activities di- Chief Financial Officer, to be exercised rectly applicable to the conduct of the only during the absence or unavail- Wholesale Market Development Pro- ability of the Chief Financial Officer: gram, specifically: Perform all the duties and exercise all (i) Studies of facilities and methods the powers which are now or which used in physical distribution of food may hereafter be delegated to the Chief and other farm products; Financial Officer. (ii) Studies designed to improve handling of all agricultural products as they are moved from farms to consumers; and

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(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. 1621–1627). 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); (i) U.S. Cotton Standards Act (7 (xxviii)–(xxx) [Reserved] U.S.C. 51–65); (xxxi) Egg Research and Consumer (ii) Cotton futures provisions of the Information Act (7 U.S.C. 2701–2718), ex- Internal Revenue Code of 1954 (26 cept as delegated in § 2.43(a)(24); U.S.C. 4854, 4862–4865, 4876, and 7263); (xxxii) Beef Research and Informa- (iii) Cotton Statistics and Estimates tion Act, as amended, (7 U.S.C. 2901– Act, as amended (7 U.S.C. 471–476), ex- 2918), except as delegated in cept as otherwise assigned; §§ 2.42(a)(29) and 2.43(a)(24); (iv) [Reserved] (xxxiii) Wheat and Wheat Foods Re- (v) Naval Stores Act (7 U.S.C. 91–99); search and Nutrition Education Act (7 (vi) Tobacco Inspection Act (7 U.S.C. U.S.C. 3401–3417), except as delegated in 511–511q); § 2.43(a)(24); (vii) Wool Standards Act (7 U.S.C. (xxxiv) Egg Products Inspection Act 415–415d); relating to the shell egg surveillance (viii) Agricultural Marketing Agree- program, voluntary laboratory anal- ment Act of 1937, as amended (7 U.S.C. yses of egg products, and the voluntary 601, 602, 608a-608e, 610, 612, 614, 624, 671– egg grading program (21 U.S.C. 1031– 674); 1056); (ix) Cotton Research and Promotion (xxxv) Section 32 of the Act of Au- Act (7 U.S.C. 2101–2118), except as speci- gust 24, 1935 (7 U.S.C. 612c), as supple- fied in § 2.43(a)(24); mented by the Act of June 28, 1937 (15 (x) Export Apple and Pear Act (7 U.S.C. 713c), and related legislation, ex- U.S.C. 581–590); cept functions which are otherwise as- (xi) Export Grape and Plum Act (7 signed relating to the domestic dis- U.S.C. 591–599); tribution and donation of agricultural

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commodities and products thereof fol- (xlix) Soybean Promotion, Research, lowing the procurement thereof; and Consumer Information Act (7 (xxxvi) Procurement of agricultural U.S.C. 6301–6311), except as specified in commodities and other foods under sec- § 2.43(a)(24); tion 6 of the National School Lunch (l) Fluid Milk Promotion Act of 1990 Act of 1946, as amended (42 U.S.C. 1755); (7 U.S.C. 6401–6417), except as specified (xxxvii) In carrying out the procure- in § 2.43(a)(24); ment functions in paragraphs (li) Producer Research and Pro- (a)(8)(xxxv) and (xxxvi) of this section, motion Board Accountability (104 Stat. the Administrator, Agricultural Mar- 3927); keting Service shall, to the extent (lii) Consistency with International practicable, use the commodity pro- Obligations of the United States (7 curement, handling, payment and re- U.S.C. 2278); lated services of the Farm Service (liii) Organic Foods Production Act Agency; of 1990 (7 U.S.C. 6501–6522) provided that (xxxviii) Act of May 23, 1908, regard- the Administrator, Agricultural Mar- ing inspection of dairy products for ex- keting Service, will enter into agree- port (21 U.S.C. 693); ments, as necessary, with the Adminis- (xxxix) The Pork Promotion, Re- trator, Food Safety and Inspection search, and Consumer Information Act Service, to provide inspection services; of 1985 (7 U.S.C. 4801–4819), except as (liv) Pesticide Recordkeeping (7 specified in § 2.43(a)(24); U.S.C. 136i–l) with the provision that (xl) The Watermelon Research and the Administrator, Agricultural Mar- Consumer Information Act (7 U.S.C. keting Service, will enter into agree- 4901–4616), except as specified in ments, as necessary, with other Fed- § 2.43(a)(24); eral agencies; (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); pesticide residue analysis in fruits and (lx) The Canola and Rapeseed Re- vegetables and other agricultural com- search, Promotion, and Consumer In- modities, except those laboratories formation Act (7 U.S.C. 7441–7452), ex- analyzing only meat and poultry prod- cept as specified in § 2.43(a)(24); ucts; (lxi) The National Kiwifruit Re- (xlvi) Pecan Promotion and Research search, Promotion, and Consumer In- Act of 1990 (7 U.S.C. 6001–6013), except formation Act (7 U.S.C. 7461–7473), ex- as specified in § 2.43(a)(24); cept as specified in § 2.43(a)(24); and (xlvii) Mushroom Promotion, Re- (lxii) The Popcorn Promotion, Re- search, and Consumer Information Act search, and Consumer Information Act of 1990 (7 U.S.C. 6101–6112), except as (7 U.S.C. 7481–7491), except as specified specified in § 2.43(a)(24); in § 2.43(a)(24). (xlviii) Lime Research, Promotion, (lxiii) Farmers’ Market Promotion and Consumer Information Act of 1990 Program (7 U.S.C. 2005). (7 U.S.C. 6201–6212), except as specified (lxiv) National Organic Certification in § 2.43(a)(24); Cost-Share Program (7 U.S.C. 6523).

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(lxv) Exemption of Certified Organic nary assessment of a release or threat- Products from Assessment (7 U.S.C. ened release; 7401). (vi) Section 105(f) of the Act (42 (lxvi) Country of Origin Labeling (7 U.S.C. 9605(f)), with respect to consider- U.S.C. 1638–1638(d)). ation of the availability of qualified (lxvii) Hass Avocado Promotion, Re- minority firms in awarding contracts, search, and Consumer Information Act but excluding that portion of section of 2000 (7 U.S.C. 7801–7813). 105(f) pertaining to the annual report (9) Furnish, on request, copies of pro- to Congress; grams, pamphlets, reports, or other (vii) Section 109 of the Act (42 U.S.C. publications for missions or programs 9609), with respect to the assessment of as may otherwise be delegated or as- civil penalties for violations of section signed to the Administrator, Agricul- 122 of the Act (42 U.S.C. 9622), and the tural Marketing Service and charge granting of awards to individuals pro- user fees therefore, as authorized by viding information; section 1121 of the Agriculture and (viii) Section 111(f) of the Act (42 Food Act of 1981, as amended by sec- U.S.C. 9611(f)), with respect to the des- tion 1769 of the Food Security Act of ignation of officials who may obligate 1985, 7 U.S.C. 2242a. money in the Hazardous Substances Superfund; (10) Collect, summarize, and publish (ix) Section 113(k) of the Act (42 data on the production, distribution, U.S.C. 9613(k)), with respect to estab- and stocks of sugar. lishing an administrative record upon (11) With respect to land and facili- which to base the selection of a re- ties under his or her authority, exer- sponse action and identifying and noti- cise the functions delegated to the Sec- fying potentially responsible parties; retary by Executive Order 12580, 3 CFR, (x) Section 116(a) of the Act (42 U.S.C. 1987 Comp., p. 193, under the following 9616(a)), with respect to preliminary as- provisions of the Comprehensive Envi- sessment and site inspection of facili- ronmental Response, Compensation, ties; and Liability Act of 1980 (‘‘the Act’’), (xi) Sections 117(a) and (c) of the Act as 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 response 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; (12) With respect to facilities and ac- (iv) Section 104(j) of the Act (42 tivities under his or her authority, to U.S.C. 9604(j)), with respect to the ac- exercise the authority of the Secretary quisition of real property and interests of Agriculture pursuant to section 1– in real property required to conduct a 102 related to compliance with applica- remedial action; ble pollution control standards and sec- (v) The first two sentences of section tion 1–601 of Executive Order 12088, 3 105(d) of the Act (42 U.S.C. 9605(d)), CFR, 1978 Comp., p. 243, to enter into with respect to petitions for prelimi- an inter-agency agreement with the

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United States Environmental Protec- joint regulations issued by the Depart- tion Agency, or an administrative con- ment of State relating to administra- sent order or a consent judgment in an tion of the Foreign Service, nor an au- appropriate State, interstate, or local thority to represent the Department of agency, containing a plan and schedule Agriculture in interagency consulta- to achieve and maintain compliance tions and negotiations with the other with applicable pollution control foreign affairs agencies with respect to standards established pursuant to the joint regulations. following: (2) The Terminal Inspection Act, as (i) Solid Waste Disposal Act, as amended (7 U.S.C. 166). amended by the Resource Conservation (3) The Honeybee Act, as amended (7 and Recovery Act, as further amended U.S.C. 281–286). by the Hazardous and Solid Waste (4) Section 18 of the Federal Meat In- Amendments, and the Federal Facility spection Act, as amended, as it per- Compliance Act (42 U.S.C. 6901 et seq.); tains to the issuance of certificates of (ii) Federal Water Pollution Preven- condition of live animals intended and tion and Control Act, as amended (33 offered for export (21 U.S.C. 618). U.S.C. 1251 et seq.); (5) The responsibilities of the United (iii) Safe Drinking Water Act, as States under the International Plant amended (42 U.S.C. 300f et seq.); Protection Convention. (iv) Clean Air Act, as amended (42 (6) (Laboratory) Animal Welfare Act, U.S.C. 7401 et seq.); as amended (7 U.S.C. 2131–2159). (v) Noise Control Act of 1972, as (7) Horse Protection Act (15 U.S.C. amended (42 U.S.C. 4901 et seq.); 1821–1831). (vi) Toxic Substances Control Act, as (8) 28 Hour Law, as amended (49 amended (15 U.S.C. 2601 et seq.); U.S.C. 80502). (vii) Federal Insecticide, Fungicide, (9) Export Animal Accommodation and Rodenticide Act, as amended (7 Act, as amended (46 U.S.C. 3901–3902). U.S.C. 136 et seq.); and (10) Purebred animal duty-free-entry (viii) Comprehensive Environmental provision of Tariff Act of June 17, 1930, Response, Compensation, and Liability as amended (19 U.S.C. 1202, part 1, Item Act of 1980, as amended by the Super- 100.01). fund Amendments and Reauthorization (11) Virus-Serum-Toxin Act (21 U.S.C. Act of 1986 (42 U.S.C. 9601 et seq.). 151–159). (b) [Reserved] (12) Conduct diagnostic and related [60 FR 56393, Nov. 8, 1995, as amended at 61 activities necessary to prevent, detect, FR 25776, May 23, 1996; 62 FR 37485, July 14, control or eradicate foot-and-mouth 1997; 62 FR 40255, July 28, 1997; 68 FR 27446, disease and other foreign animal dis- May 20, 2003] 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- 450) with respect to cooperation with culture under the following authori- States in control and eradication of ties: plant and animal diseases and pests. (1) Administer the Foreign Service (15) Defense Production Act of 1950, personnel system for employees of the as amended (50 U.S.C. App. 2061 et seq.), Animal and Plant Health Inspection and title VI of the Robert T. Stafford Service in accordance with 22 U.S.C. Disaster Relief and Emergency Assist- 3922, except that this delegation does ance Act (42 U.S.C. 5195 et seq.), relat- not include the authority to approve ing to protection of livestock, poultry

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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. 430). 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 Grain Inspection, and wage and labor standards applica- Packers and Stockyards Administra- tion, and the Agricultural Marketing ble to covered work; and emergency Service as agreed upon by the agencies procurement powers; with authority to take actions required (iii) Section 104(i)(11) of the Act (42 by law or regulation. As used herein, U.S.C. 9604(i)(11)), with respect to the the term management support services reduction of exposure to significant includes 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 (26) The Act of March 2, 1931 (7 U.S.C. 105(f) pertaining to the annual report 426–426b). to Congress; (27) The Act of December 22, 1987 (7 (vii) Section 109 of the Act (42 U.S.C. U.S.C. 426c). 9609), with respect to the assessment of (28) Authority to work with devel- civil penalties for violations of section oped and transitional countries on ag- 122 of the Act (42 U.S.C. 9622), and the ricultural and related research and ex- granting of awards to individuals pro- tension, with respect to animal and viding information;

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(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 (31) Authority to prescribe and col- final remedial action plan for any re- lect fees under the Act of August 31, medial action or enforcement action, 1951, as amended (31 U.S.C. 9701), and including any settlement or consent sections 2508 and 2509 of the Food, Agri- decree entered into; culture, Conservation, and Trade Act (xii) Section 119 of the Act (42 U.S.C. of 1990 (21 U.S.C. 136, 136a), as amended. 9119), with respect to indemnifying re- (32) The provisions of 35 U.S.C. 156. sponse action contractors; (33) Enter into cooperative research (xiii) Section 121 of the Act (42 U.S.C. and development agreements with in- 9621), with respect to cleanup stand- dustry, universities, and others; insti- ards; and tute a cash award program to reward (xiv) Section 122 of the Act (42 U.S.C. scientific, engineering, and technical 9622), with respect to settlements, but personnel; award royalties to inven- excluding section 122(b)(1) of the Act tors; and retain and use royalty income (42 U.S.C. 9622(b)(1)), related to mixed (15 U.S.C. 3710a–3710c). funding agreements. (34) The Alien Species Prevention and (30) With respect to facilities and ac- Enforcement Act of 1992 (39 U.S.C. 3015 tivities under his or her authority, to note). exercise the authority of the Secretary (35) Sections 901–905 of the Federal of Agriculture pursuant to section 1– Agriculture Improvement and Reform 102 related to compliance with applica- Act of 1996 (7 U.S.C. 1901 note). ble pollution control standards and sec- (36) Plant Protection Act, as amend- tion 1–601 of Executive Order 12088, 3 ed (7 U.S.C. 7701–7786). CFR, 1978 Comp., p. 243, to enter into (37) Animal Health Protection Act (7 an inter-agency agreement with the U.S.C. 8301–8317). United States Environmental Protec- (38) Section 10504 of the Farm Secu- tion Agency, or an administrative con- rity and Rural Investment Act of 2002 sent order or a consent judgment in an (7 U.S.C. 8318). appropriate State, interstate, or local (39) Title V of the Agricultural Risk agency, containing a plan and schedule Protection Act of 2000 (7 U.S.C. 2279e to achieve and maintain compliance and 2279f). with applicable pollution control (40) The responsibilities of the United standards established pursuant to the States related to activities of the Of- following: fice International des Epizooties. (i) Solid Waste Disposal Act, as (41) Public Health Security and Bio- amended by the Resource Conservation terrorism Preparedness and Response and Recovery Act, as further amended Act of 2002 (Title II, Subtitles B and C; by the Hazardous and Solid Waste of the Public Health Security and Bio- Amendments, and the Federal Facility terrorism Preparedness Response Act Compliance Act (42 U.S.C. 6901 et seq.); of 2002 (7 U.S.C. 8401 note, 8401, 8411)).

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(b) Reservation. The following author- substance, pollutant, or contaminant ity is reserved to the Under Secretary into the environment; for Marketing and Regulatory Pro- (ii) Sections 104(e)–(h) of the Act (42 grams: The authority to make deter- U.S.C. 9604(e)–(h)), with respect to in- minations under 35 U.S.C. 156 as to formation gathering and access re- whether an applicant acted with due quests and orders; compliance with diligence. Federal health and safety standards and wage and labor standards applica- [60 FR 56393, Nov. 8, 1995, as amended at 61 ble to covered work; and emergency FR 68541, Dec. 30, 1996; 65 FR 49471, Aug. 14, 2000; 68 FR 27446, May 20, 2003; 70 FR 55706, procurement powers; Sept. 23, 2005] (iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with respect to the § 2.81 Administrator, Grain Inspection, reduction of exposure to significant Packers and Stockyards Adminis- risk to human health; tration. (iv) Section 104(j) of the Act (42 (a) Delegations. Pursuant to §§ 2.22 U.S.C. 9604(j)), with respect to the ac- (a)(3) and (a)(9), the following delega- quisition of real property and interests tions of authority are made by the As- in real property required to conduct a sistant Secretary for Marketing and remedial action; Regulatory Programs to the Adminis- (v) The first two sentences of section trator, Grain Inspection Service, Pack- 105(d) of the Act (42 U.S.C. 9605(d)), ers and Stockyards Administration: with respect to petitions for preliminary assessment of a release or threat- (1) Administer the United States ened release; Grain Standards Act, as amended (7 (vi) Section 105(f) of the Act (42 U.S.C. 71–87h). U.S.C. 9605(f)), with respect to consider- (2) Exercise the functions of the Sec- ation of the availability of qualified retary of Agriculture contained in the minority firms in awarding contracts, Agricultural Marketing Act of 1946, as but excluding that portion of section amended (7 U.S.C. 1621–1627), relating 105(f) pertaining to the annual report to inspection and standardization ac- to Congress; tivities related to grain. (vii) Section 109 of the Act (42 U.S.C. (3) Administer the Packers and 9609), with respect to the assessment of Stockyards Act, 1921, as amended and civil penalties for violations of section supplemented. 122 of the Act (42 U.S.C. 9622), and the (4) Enforce provisions of the Con- granting of awards to individuals pro- sumer Credit Protection Act (15 U.S.C. viding information; 1601–1665, 1681–1681t), with respect to (viii) Section 111(f) of the Act (42 any activities subject to the Packers U.S.C. 9611(f)), with respect to the des- and Stockyards Act, 1921, as amended ignation of officials who may obligate and supplemented. money in the Hazardous Substances (5) Exercise the functions of the Sec- Superfund; retary of Agriculture contained in sec- (ix) Section 113(k) of the Act (42 tion 1324 of the Food Security Act of U.S.C. 9613(k)), with respect to estab- 1985 (7 U.S.C. 1631). lishing an administrative record upon (6) 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,

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including any settlement or consent Subpart O—Delegations of Au- decree entered into; thority by the Assistant Sec- (xii) Section 119 of the Act (42 U.S.C. retary for Congressional Rela- 9119), with respect to indemnifying re- tions sponse action contractors; (xiii) Section 121 of the Act (42 U.S.C. § 2.83 Deputy Assistant Secretary for 9621), with respect to cleanup stand- Congressional Relations. ards; and Pursuant to § 2.23, and subject to pol- (xiv) Section 122 of the Act (42 U.S.C. icy guidance and direction by the As- 9622), with respect to settlements, but sistant Secretary, the following delega- excluding section 122(b)(1) of the Act tion of authority is made by the Assist- (42 U.S.C. 9622(b)(1)), related to mixed ant Secretary for Congressional Rela- funding agreements. tions to the Deputy Assistant Sec- (7) With respect to facilities and ac- retary for Congressional Relations, to tivities under his or her authority, to be exercised only during the absence or exercise the authority of the Secretary unavailability of the Assistant Sec- of Agriculture pursuant to section 1– retary: Perform all duties and exercise 102 related to compliance with applica- all powers which are now or which may ble pollution control standards and sec- hereafter be delegated to the Assistant tion 1–601 of Executive Order 12088, 3 Secretary for Congressional Relations. CFR, 1978 Comp., p. 243, to enter into § 2.85 Director, Office of Intergovern- an inter-agency agreement with the mental Affairs. United States Environmental Protec- (a) Delegations. Pursuant to § 2.23, tion Agency, or an administrative con- the following delegations of authority sent order or a consent judgment in an are made by the Assistant Secretary appropriate State, interstate, or local for Congressional Relations to the Di- agency, containing a plan and schedule rector, Office of Intergovernmental Af- to achieve and maintain compliance fairs: with applicable pollution control (1) Coordinate all programs involving standards established pursuant to the intergovernmental affairs including following: State and local government relations (i) Solid Waste Disposal Act, as and liaison with: amended by the Resource Conservation (i) National Association of State De- and Recovery Act, as further amended partments of Agriculture; by the Hazardous and Solid Waste (ii) Office of Intergovernmental Rela- Amendments, and the Federal Facility tions (Office of Vice President); Compliance Act (42 U.S.C. 6901 et seq.); (iii) Advisory Commission on Inter- (ii) Federal Water Pollution Preven- governmental Relations; tion and Control Act, as amended (33 (iv) Council of State Governments; U.S.C. 1251 et seq.); (v) National Governors Conference; (iii) Safe Drinking Water Act, as (vi) National Association of Counties; amended (42 U.S.C. 300f et seq.); (vii) National League of Cities; (iv) Clean Air Act, as amended (42 (viii) International City Managers U.S.C. 7401 et seq.); Association; (ix) U.S. Conference of Mayors; and (v) Noise Control Act of 1972, as (x) Such other State and Federal amended (42 U.S.C. 4901 et seq.); agencies, departments, and organiza- (vi) Toxic Substances Control Act, as tions as are necessary in carrying out amended (15 U.S.C. 2601 et seq.); the responsibilities of this office. (vii) Federal Insecticide, Fungicide, (2) Maintain oversight of the activi- and Rodenticide Act, as amended (7 ties of USDA representatives to the 10 U.S.C. 136 et seq.); and Federal Regional councils. (viii) Comprehensive Environmental (3) Serve as the USDA contact with Response, Compensation, and Liability the Advisory Commission on Intergov- Act of 1980, as amended by the Super- ernmental Relations for implementa- fund Amendments and Reauthorization tion of OMB Circular A–85 to provide Act of 1986 (42 U.S.C. 9601 et seq.). advance notification to State and local (b) [Reserved] governments of proposed changes in

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Department programs that affect such cific responsibilities under the Small governments. Business Act, 15 U.S.C. 644(k). These (4) Act as the Department represent- duties include being responsible for the ative for Federal executive board mat- following: ters. (i) Administering the Department’s (5) Serve as the official with the prin- small and disadvantaged business ac- cipal responsibility for the implemen- tivities related to procurement con- tation of Executive Order 13175, includ- tracts, minority bank deposits, and ing consultation and collaboration grants and loan activities affecting with tribal officials, and coordinate the small and minority businesses includ- Department’s programs involving as- ing women-owned business, and the sistance to American Indians and Alas- small business, small minority busi- ka Natives. ness, and small women-owned business (b)[Reserved] subcontracting programs; (ii) Providing Departmentwide liai- [60 FR 56393, Nov. 8, 1995, as amended at 68 FR 27447, May 20, 2003; 69 FR 34254, June 21, son and coordination of activities re- 2004] lated to small, small disadvantaged, and women-owned businesses with the Subpart P—Delegations of Author- Small Business Administration and others in public and private sector; ity by the Assistant Secretary (iii) Developing policies and proce- for Administration dures required by the applicable provision of the Small Business Act, as § 2.87 Deputy Assistant Secretary for Administration. amended, to include the establishment of goals; and (a) Delegations. Pursuant to the Office (iv) Implementing and administering of Government Ethics regulations at 5 programs described under sections 8 CFR part 2638. The Deputy Assistant and 15 of the Small Business Act, as Secretary for Administration shall be amended (15 U.S.C. 637 and 644). the USDA Designated Agency Ethics (b) [Reserved] Official and shall exercise all authority pursuant to the Office of Government [65 FR 77763, Dec. 13, 2000] Ethics regulations at 5 CFR part 2638. § 2.90 [Reserved] (b) Pursuant to § 2.24(a), subject, to reservations in § 2.24(b), the following § 2.91 Director, Office of Operations. delegation of authority is made by the Assistant Secretary for Administration (a) Delegations. Pursuant to § 2.24(a)(5) to the Deputy Assistant Secretary for and (a)(9), the following delegations of Administration, to be exercised only authority are made by the Assistant during the absence or unavailability of Secretary for Administration to the the Assistant Secretary: Perform all Director, Office of Operations: (1) Provide services for Department the duties and exercise all the powers headquarters in the Washington, DC which are now or which may hereafter metropolitan area and at emergency be delegated to the Assistant Secretary relocation sites and certain critical fa- for Administration. cilities specified by the Assistant Sec- [67 FR 65690, Oct. 28, 2002] retary for Administration in the following areas: § 2.88 Director, Office of Small and (i) Acquiring, leasing, utilizing, con- Disadvantaged Business Utilization. structing, maintaining, and disposing (a) Delegations. Pursuant to § 2.24 of real and personal property, including (a)(3), the following delegations of au- control of space assignments. thority are made by the Assistant Sec- (ii) Acquiring, storing, distributing, retary for Administration to the Direc- and disposing of forms. tor, Office of Small and Disadvantaged (iii) Mail management and all related Business Utilization: functions. (1) The Director, Office of Small and (iv) Occupational health services and Disadvantaged Business Utilization, related functions. under the supervision of the Assistant (2) Operating centralized Depart- Secretary for Administration, has spe- mental services to provide printing,

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copy reproducing, offset composing, (8) Manage the Department Emer- supplies, mail, automated mailing gency Operations Center and alternate lists, excess property pool, resource re- facilities. covery, shipping and receiving, forms, (b) [Reserved] labor services, issuing of general em- [65 FR 77765, Dec. 13, 2000, as amended at 68 ployee identification cards, supple- FR 27447, May 20, 2003] mental distributing of Department directives, space allocating and manage- § 2.92 Director, Office of Human Re- ment, and related management sup- sources Management. port. (a) Delegations. Pursuant to § 2.24 (3) Providing property management, (a)(6) and (a)(12), and subject to res- space management, messenger, com- ervations in § 2.24(b)(1), the following munications, and other related services delegations of authority are made by with authority to take actions required the Assistant Secretary for Adminis- by law or regulation to perform such tration to the Director, Office of services for: Human Resources Management: (i) The Secretary of Agriculture; (1) Formulate and issue Department (ii) The general officers of the De- policy, standards, rules and regulations partment; relating to human resources manage- (iii) The offices and agencies report- ment. ing to the Assistant Secretary for Ad- (2) Provide human resources manage- ministration; ment procedural guidance and oper- (iv) Any other offices or agencies of ational instructions. the Department as may be agreed; and (3) Set standards for human resources (v) Other federal, state, or local gov- data systems. ernment organizations on a cost recov- (4) Inspect and evaluate human re- ery basis. sources management operations and (4) Represent the Department in con- issue instructions or take direct action tacts with other organizations or agen- to insure conformity with appropriate cies on matters related to assigned re- laws, Executive Orders, Office of Per- sponsibilities. sonnel Management rules and regula- (5) Promulgate Departmental regulations, and other appropriate rules and tions, standards, techniques, and proce- regulations. dures and represent the Department in (5) Exercise final authority in all maintaining the security of physical human resources matters, including in- facilities, self-protection, and warden dividual cases, that involve the juris- services, in the Washington, DC metro- diction of more than one General Offi- politan area. cer, or agency head. (6) Provide internal administrative (6) Receive, review, and recommend management and support services for action on all requests for the Sec- the defense program of the Depart- retary’s or Assistant Secretary for Ad- ment. ministration’s approval in human re- (7) Related to compliance with environ- sources matters. mental laws. Take action pursuant to (7) Authorize and make final deci- Executive Order 12088, 3 CFR, 1978 sions on adverse actions except in Comp., p. 243, to comply with environ- those cases where the Assistant Sec- mental pollution control laws with re- retary for Administration or the Direc- spect to facilities and activities under tor, Office of Human Resources Man- his or her authority, including, but not agement, has participated. limited to, entering into inter-agency (8) Represent the Department in agreements, administrative consent or- human resources matters in all con- ders, consent judgments, or other tacts outside the Department. agreements with the appropriate Fed- (9) Exercise specific authorities in eral, State, interstate, or local agen- the following operational matters: cies to achieve and maintain compli- (i) Waive repayment of training ex- ance with applicable pollution control penses where an employee fails to ful- standards. fill service agreement;

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(ii) Establish or change standards (xvi) Authorize long-term training in and plans for awards to private citi- programs which require Department- zens; and wide competition; and (iii) Execute, change, extend, or (xvii) Initiate and take adverse ac- renew: tion in cases involving a violation of (A) Labor-Management Agreements; the merit system. and (10) As used in this section, the term (B) Associations of Management Offi- human resources includes: cials’ or Supervisors’ Agreements. (i) Position management; (iv) Represent any part of the De- (ii) Position classification; partment in all contacts and pro- (iii) Employment; ceedings with the National Offices of (iv) Pay administration; Labor Organizations. (v) Automated human resources data (v) Change a position (with no mate- and systems; rial change in duties) from one pay sys- (vi) Hours of duty; tem to another; (vii) Performance management; (vi) Grant restoration rights, and re- (viii) Promotions; lease employees with administrative (ix) Employee development; reemployment rights; (x) Incentive programs; (vii) Authorize any mass dismissals (xi) Leave; of employees in the Washington, DC (xii) Retirement; metropolitan area; (xiii) Human resource program man- (viii) Approve ‘‘normal line of pro- agement evaluation; motion’’ cases in the excepted service (xiv) Social security; (xv) Life insurance; where not in accordance with time-in (xvi) Health benefits; grade criteria; (xvii) Unemployment compensation; (ix) Make the final decision on all (xviii) Labor management relations; classification appeals filed with the De- (xix) Intramanagement consultation; partment of Agriculture; (xx) [Reserved] (x) Authorize all employment actions (xxi) Discipline; and (except nondisciplinary separations (xxii) Appeals. and LWOP) and classification actions (11) Provide human resource services, for senior level and equivalent posi- as listed in paragraph (a)(10) of this tions including Senior Executive Serv- section; and organizational support ice positions and special authority pro- services; with authority to take ac- fessional and scientific positions re- tions required by law or regulation to sponsible for carrying out research and perform such services for: development functions; (i) The Secretary of Agriculture; (xi) Authorize all employment ac- (ii) The general officers of the De- tions (except LWOP) for the following partment; positions: (iii) The offices reporting to the As- (A) Schedule C; sistant Secretary for Administration; (B) Non-career Senior Executive and Service or equivalent; and (iv) Any other officer or agency of (C) Administrative Law Judge. the Department as may be agreed. (xii) Authorize and make final deci- (12) Maintain, review, and update De- sions on adverse actions for positions partmental delegations of authority. in GS–1–15 or equivalent; (13) Recommend authorization of or- (xiii) Authorize and make final deci- ganizational changes which occur in: sions on adverse actions for positions (i) Departmental organizations: in the career Senior Executive Service (A) Agency or office; or equivalent; (B) Division (or comparable compo- (xiv) Approve the details of Depart- nent); and ment employees to the White House; (C) Branch (or comparable compo- (xv) Authorize adverse actions based nent in Departmental centers, only). in whole or in part on an allegation of (ii) Field organizations; violation of 5 U.S.C. chapter 73, sub- (A) First organizational level; and chapter III, for employees in the ex- (B) Next lower organizational level- cepted service; required only for those types of field

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installations where the establishment, tions relating to the Senior Scientific change in location, or abolition of Research Service (7 U.S.C. 7657). same requires approval in accordance (25) Redelegate, as appropriate, any with Departmental internal direction. authority delegated under this section (14) Formulate and promulgate De- to general officers of the Department partmental policies regarding reorga- and heads of Departmental agencies. nizations. (b) Reservation. The following author- (15) Establish Departmentwide safety ity is reserved to the Assistant Sec- and health policy and provide leader- retary for Administration: ship in the development, coordination, (1) Authorize organizational changes and implementation of related stand- occurring in a Department agency or ards, techniques, and procedures, and staff office which affect the overall represent the Department in complying structure of that service or office; i.e., with laws, Executive Orders and other require a change to that service or of- policy and procedural issuances and re- fice’s overall organization chart. lated to occupational safety and health within the Department. (2) [Reserved] (16) Represent the Department in all [65 FR 77765, Dec. 13, 2000, as amended at 68 rulemaking, advisory, or legislative ca- FR 27447, May 20, 2003; 69 FR 34255, June 21, pacities on any groups, committees, or 2004] Government wide activities that affect the USDA Occupational Safety and § 2.93 Director, Office of Procurement Health Management Program. and Property Management. (17) Determine and provide Depart- (a) Delegations. Pursuant to mentwide technical services and re- §§ 2.24(a)(7), (a)(8), (a)(9), and (a)(10), the gional staff support for the safety and following delegations of authority are health programs. made by the Assistant Secretary for (18) Administer the computerized Administration to the Director, Office management information systems for of Procurement and Property Manage- the collection, processing, and dissemi- ment: nation of data related to the Depart- (1) Promulgate policies, standards, ment’s occupational safety and health techniques, and procedures, and rep- programs. resent the Department, in the fol- (19) Administer the administrative lowing: appeals process related to the inclusion (i) Acquisition, including, but not of positions in the Testing Designated limited to, the procurement of sup- Position listing in the Department’s plies, services, equipment, and con- Drug-Free Workplace Program and des- struction; ignate the final appeal officer for that (ii) Socioeconomic programs relating Program. to contracting; (20) Administer the Department’s Oc- (iii) Selection, standardization, and cupational Health and Prevention Med- ical Program, as well as design and op- simplification of program delivery erate employee assistance and workers’ processes utilizing contracts; compensation activities. (iv) Acquisition, leasing, utilization, (21) Provide education and training value analysis, construction, mainte- on a Departmentwide basis for safety nance, and disposition of real and per- and health-related issues and develop sonal property, including control of resource and operational manuals. space assignments; (22) Oversee and manage the Depart- (v) Motor vehicle and aircraft fleet ment’s administrative grievance pro- and other vehicular transportation; gram. (vi) Transportation of things (traffic (23) Make final decisions in those management); cases where an agency head has ap- (vii) [Reserved] pealed the recommended decision of a (viii) Implementation of the Uniform grievance examiner. Relocation Assistance and Real Prop- (24) Formulate and issue Department erty Acquisition Policies Act of 1970 (42 policy, standards, rules, and regula- U.S.C. 4601, et seq.); and

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(ix) Development and implementa- (viii) Represent the Department in tion of energy management and envi- contacts with the General Accounting ronmental actions related to acquisi- Office, the General Services Adminis- tion and procurement, real and per- tration, the Office of Management and sonal property management, waste pre- Budget, and other organizations or vention and resource recycling, and lo- agencies on matters related to assigned gistics. Maintain liaison with the Of- responsibilities; and fice of the Federal Environmental Ex- (ix) Redelegate, as appropriate, the ecutive, the Department of Energy, and authority in paragraph (a)(10) of this other Government agencies in these section to agency Property Officials or matters. other qualified agency officials with no (2) Exercise the following special au- power of further redelegation. thorities: (3) Exercise authority under the De- (i) The Director, Office of Procure- partment’s Acquisition Executive (the ment and Property Management, is Assistant Secretary for Administra- designated as the Departmental Debar- tion) to integrate and unify the man- ring Officer and authorized to perform agement process for the Department’s the functions of 48 CFR part 9, subpart major system acquisitions and to mon- 9.4 related to procurement activities, itor implementation of the policies and except for commodity acquisitions on practices set forth in OMB Circular A– behalf of the Commodity Credit Cor- 109, Major Systems Acquisitions, with poration (7 CFR part 1407), with au- the exception that major system acqui- thority to redelegate suspension and sitions for information technology debarment authority for contracts shall be under the cognizance of the awarded under the School Lunch and Chief Information Officer. This delega- Surplus Removal Programs (42 U.S.C. tion includes the authority to: 1755 and 7 U.S.C. 612c); (i) Insure that OMB Circular A–109 is effectively implemented in the Depart- (ii) Conduct liaison with the Office of ment and that the management objec- Federal Register (1 CFR part 16) in- tives of the Circular are realized; cluding the making of required certifi- (ii) Review the program management cations pursuant to 1 CFR part 18; of each major system acquisition, ex- (iii) Maintain custody and permit ap- cluding information technology; propriate use of the official seal of the (iii) Designate the program manager Department; for each major system acquisition, ex- (iv) Establish policy for the use of cluding information technology; and the official flags of the Secretary and (iv) Designate any Departmental ac- the Department; quisition, excluding information tech- (v) Coordinate collection and disposi- nology, as a major system acquisition tion of personal property of historical under OMB Circular A–109. significance; (4) Pursuant to Executive Order (vi) Make information returns to the 12931, 3 CFR, 1994 Comp., p. 925, and sec- Internal Revenue Service as prescribed tions 16, 22, and 37 of the Office of Fed- by 26 U.S.C. 6050M and by 26 CFR eral Procurement Policy Act, as 1.6050M–1 and such other Treasury reg- amended, 41 U.S.C. 414, 418(b), and 433, ulations, guidelines or procedures as serve as the Senior Procurement Exec- may be issued by the Internal Revenue utive for the Department with respon- Service in accordance with 26 U.S.C. sibility for the following: 6050M. This includes making such (i) Prescribing and publishing De- verifications or certifications as may partmental acquisition policies, regu- be required by 26 CFR 1.6050M–1 and lations, and procedures; making the election allowed by 26 CFR (ii) Taking any necessary actions 1.6050M–1(d)(5)(1). consistent with policies, regulations, (vii) Promulgate regulations for the and procedures, with respect to pur- management of contracting and pro- chases, contracts, leases, and other curement for information technology transactions; and telecommunication equipment, (iii) Designating contracting officers; software, services, maintenance and re- (iv) Establishing clear lines of con- lated supplies; and tracting authority;

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(v) Evaluating and monitoring the entific activities or for related pro- performance of the Department’s programs, to: curement system; (i) Any 1994 Institutions (as defined (vi) Managing and enhancing career in section 532 of the Equity in Edu- development of the Department’s ac- cational Land-Grant Status Act of 1994, quisition work force; (Public Law 103–382; 7 U.S.C. 301 note)); (vii) Participating in the develop- (ii) Any Institutions eligible to re- ment of Governmentwide procurement ceive funds under the Act of August 30, policies, regulations and standards, and 1890 (7 U.S.C. 321 et seq.) including determining specific areas where Gov- Tuskegee University; and ernmentwide performance standards (iii) Any Hispanic-serving Institu- should be established and applied; tions (as defined in sections 316(b) of (viii) Developing unique Depart- the Higher Education Act of 1965 (20 mental standards as required, U.S.C. 1059c (b)). (ix) Overseeing the development of (11) Issue regulations and directives procurement goals, guidelines, and in- to implement or supplement the Fed- novation; eral Acquisition Regulations (48 CFR (x) Measuring and evaluating pro- chapters 1 and 4). curement office performance against (12) Issue regulations and directives stated goals; to implement or supplement the Fed- (xi) Advising the Assistant Secretary eral Management Regulation (41 CFR whether procurement goals are being part 102) and the Federal Property achieved; Management Regulations (41 CFR chapters 101). (xii) Prescribing standards for agency (13) Exercise full Departmentwide Procurement Executives and desig- contracting and procurement author- nating agency Procurement Executives ity. when these standards are not met; (14) Conduct acquisitions with au- (xiii) Redelegating, as appropriate, thority to take actions required by law the authority in paragraph (a)(5)(i) of or regulation to procure supplies, serv- this section to agency Procurement ices, and equipment for: Executives or other qualified agency (i) The Secretary of Agriculture; officials with no power of further re- (ii) The general officers of the De- delegation; and partment; (xiv) Redelegating the authorities in (iii) The offices and agencies report- paragraphs (a)(5)(ii), (iv), (vi), and (vii) ing to the Assistant Secretary for Ad- of this section to agency Procurement ministration; executives or other qualified agency of- (iv) Any other offices or agencies of ficials with the power of further redele- the Department as may be agreed; and gation. (v) For other federal, state, or local (5) Represent the Department in es- government organizations on a cost re- tablishing standards for acquisition covery basis. transactions within the electronic data (15) Pursuant to the Office of Federal interchange environment. Procurement Policy Act (Act), as (6) [Reserved] amended (41 U.S.C. 401, et seq.), des- (7) Designate the Departmental Task ignate the Department’s Advocate for Order Ombudsman pursuant to 41 Competition with the responsibility for U.S.C. 253j. section 20 of the Act (41 U.S.C. 418), in- (8) Promulgate Departmental poli- cluding: cies, standards, techniques, and proce- (i) Reviewing the procurement activi- dures and represent the Department in ties of the Department; maintaining the security of physical (ii) Developing new initiatives to in- facilities nationwide. crease full and open competition; (9) [Reserved] (iii) Developing goals and plans and (10) Promulgate policy and obtain recommending actions to increase and furnish excess Federal personal competition; property in accordance with section 923 (iv) Challenging conditions unneces- of Public Law 104–127, in support re- sarily restricting competition in the search, educational, technical and sci- acquisition of supplies and services;

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(v) Promoting the acquisition of executive orders, including Executive commercial items; and Order 13148, Greening of the Govern- (vi) Designating an Advocate for ment Through Leadership in Environ- Competition for each procuring activ- mental Management. ity within the Department. (v) Coordinate USDA waste preven- (16) Related to Emergency Prepared- tion, recycling, and procurement, ac- ness. Provide guidance to the develop- quisition and use of recycled products ment and administration of the De- and environmentally preferable prod- partment Continuity of Operations ucts, including biobased products, and Plan and to USDA participation in services, and serve as USDA Environ- Continuity of Government Plan. This mental Executive, pursuant to Execu- includes: tive Order 13101. (i) Providing guidance and direction (vi) Serve as Departmental Adminis- regarding continuity of operations to tration Member and Executive Sec- Departmental staff offices, mission retary of the USDA Hazardous Mate- areas, and agencies. rials Policy Council. (ii) Representing and acting as liai- (vii) Represent USDA in consulting son for the Department in contacts or working with the Environmental with other Federal entities and organi- Protection Agency (EPA), the Council zations concerning matters of assigned on Environmental Quality, the Domes- responsibilities. tic Policy Council, and others to de- (iii) Overseeing Department con- velop policies relating to hazardous tinuity of operations, planning, and materials management and Federal fa- emergency relocation facilities to en- cilities compliance with applicable pol- sure that resources are in a constant lution control laws. state of readiness. (viii) Monitor, review, evaluate, and (17) Related to energy and environ- oversee hazardous materials manage- mental management: (i) Provide program ment program activities and compli- leadership and coordination for USDA’s ance Department-wide. energy conservation and energy effi- (ix) Monitor, review, evaluate, and ciency activities pursuant to Executive oversee USDA agency expenditures for Order 13123, Greening of the Govern- hazardous materials management pro- ment Through Efficient Energy Man- gram accomplishments. agement. (x) Prepare for the USDA Hazardous (ii) Promulgate policies, standards, Materials Policy Council the Haz- techniques, and procedures, and rep- ardous Materials Management Pro- resent the Department, in prevention, gram budget request to the Office of control, and abatement of pollution Management and Budget (OMB) and with respect to Federal facilities and Congress, prepare accomplishment re- activities under the control of the De- ports to Congress, OMB, and EPA, and partment (Executive Order 12088, 3 CFR take a role in the preparation of replies 1978 Comp., p. 243). to Congressional inquires. (iii) Review and approve exemptions (xi) Represent USDA on the National for USDA contracts, subcontracts, Response Team on hazardous spills and grants, agreements, and loans from the oil spills pursuant to the Comprehen- requirements of the Clean Air Act, as sive Environmental Response, Com- amended (42 U.S.C. 7401, et seq.), the pensation, and Liability Act of 1980, as Clean Water Act, as amended (33 U.S.C. amended (42 U.S.C. 9601, et seq.); the 1251, et seq.), and Executive Order 11738, Clean Water Act, as amended (33 U.S.C. 3 CFR, 1971–1975 Comp., p. 799, when he 1251, et seq.); Oil Pollution Act, as or she determines that the paramount amended (33 U.S.C. 2701, et seq.); Execu- interest of the United States so re- tive Order 12580, 3 CFR 1987 Comp., p. quires as provided in these acts and Ex- 193; Executive Order 12777, 3 CFR, 1991 ecutive Order and the regulations of Comp., p. 351, and the National Oil and the Environmental Protection Agency Hazardous Substances Contingency (40 CFR 32.215(b)). Plan, 40 CFR Part 300. (iv) Provide program leadership and (xii) Approve disbursements from the oversight for USDA compliance with New World Mine Response and Restora- applicable pollution control laws and tion Account, approve the New World

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Mine Response and Restoration Plan, challenge the classification of informa- and make quarterly reports to Con- tion believed to be improperly classi- gress under Sections 502(d) and (f) of fied or unclassified. Title V of the Department of the Inte- (vi) Take corrective action for viola- rior and Related Agencies Appropria- tions or infractions under section 5.7 tions Act of 1998, Public Law 105–83. par. (b), of Executive Order 12958. (xiii) Ensure that the Hazardous Ma- (vii) Develop and maintain a secure terials Management Program Depart- facility for the receipt and safe- ment-wide is accomplished with regard guarding of classified material. to, and in compliance with, Executive (viii) Coordinate security activities Order 12898, Federal Actions to Address with the Chief Information Officer who Environmental Justice in Minority has primary responsibility for PDD 63, Populations and Low-Income Popu- Critical Infrastructure Assurance. lations. (b) [Reserved] (xiv) Take such action as may be necessary, with the affected agency head [65 FR 77766, Dec. 13, 2000; 68 FR 27447, May 20, 2003] and with the concurrence of the Gen- eral Counsel, including issuance of ad- § 2.94 Director, Office of Planning and ministrative orders and agreements Coordination. with any person to perform any re- (a) Delegations. Pursuant to sponse action under sections 106(a) and § 2.24(a)(11), the following delegations 122 (except subsection (b)(1)) of the of authority are made by the Assistant Comprehensive Environmental Re- Secretary for Administration to the sponse, Compensation, and Liability Director, Office of Planning and Co- Act of 1980, as amended (42 U.S.C. ordination: 9606(a), 9622), pursuant to sections (1) Administer a productivity pro- 4(c)(3) and 4(d)(3) of Executive Order gram in accordance with Executive 12580, as amended by Executive Order Order 12089, 3 CFR, 1979 Comp., p. 246, 13016. and other policy and procedural direc- (18) Relating to personnel security and tives and laws to: the safeguarding of national security information: (2) Develop strategies to improve (i) Direct and administer USDA’s per- processes with respect to administra- sonnel security and public trust pro- tive and financial activities of the De- grams established pursuant to Execu- partment and make recommendations tive Order 12968, Access to Classified to the Secretary. Information (3 CFR 1995 Comp. pp 391– (3) Improve Departmental manage- 402) and 5 CFR part 731. ment by: performing management (ii) Manage the personnel security studies and reviews in response to functions of the Department including agency requests for assistance; enhanc- programs for eligibility access deter- ing management decision making by minations, obtaining security clear- developing and applying analytic tech- ance for USDA employees, denial or niques to address particular adminis- revocation of access to national secu- trative operational and management rity information, and developing and problems; searching for more economi- promulgating policies training. cal or effective approaches to the con- (iii) Direct and administer USDA’s duct of business; developing and revis- program under which information is ing systems, processes, work methods safeguard pursuant to Executive Order and techniques; and undertaking other 12958, Classified National Security In- efforts to improve the management ef- formation. fectiveness and productivity of the De- (iv) Establish Information Security partment. (INFOSEC) policies and procedures for (4) Coordinate Departmental Admin- classifying, declassifying, safe- istration strategic planning and budget guarding, and disposing of classified activities on behalf of the Assistant national security information and ma- Secretary. terials. (b) [Reserved] (v) Establish procedures under which [65 FR 77768, Dec. 13, 2000, as amended at 68 authorized holders of information may FR 27449, May 20, 2003]

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§ 2.95 Director, Office of Ethics. USDA education programs and activi- The Director, Office of Ethics, shall ties funded by the Department. be the USDA Alternate Agency Ethics (iv) Actions to enforce the Age Dis- Official, pursuant to 5 CFR 2638.202, and crimination Act of 1975, 42 U.S.C. 6102, shall exercise the authority reserved to prohibiting discrimination on the basis the Designate Agency Ethics Official of age in USDA programs and activities under 5 CFR part 2638 only in the ab- funded by the Department. sence or unavailability of the Des- (v) Actions to enforce section 504 of ignated Agency Ethics Official. the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, prohibiting dis- [67 FR 65690, Oct. 28, 2002] crimination against individuals with disabilities in USDA programs and ac- Subpart Q-Delegations of Author- tivities funded by the Department. ity by the Chief Information (vi) Actions to enforce section 504 of Officer the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, prohibiting dis- § 2.200 Deputy Chief Information Offi- crimination against individuals with cer. disabilities in USDA conducted pro- Pursuant to § 2.37, the following dele- grams. gation of authority is made by the (vii) Actions to enforce related Exec- Chief Information Officer to the Dep- utive Orders, Congressional mandates, uty Chief Information Officer, to be ex- and other laws, rules, and regulations, ercised only during the absence or un- as appropriate. availability of the Chief Information (viii) Actions to develop and imple- Officer: perform all duties and exercise ment the Department’s Federal Wom- all powers which are now or which may en’s Program. hereafter be delegated to the Chief In- (ix) Actions to develop and imple- formation Officer. ment the Department’s Hispanic Em- [65 FR 77769, Dec. 13, 2000] ployment Program. (2) Evaluate Departmental agency Subpart R—Delegations of Author- programs, activities, and impact state- ity by the Assistant Secretary ments for civil rights concerns. for Civil Rights (3) Provide leadership and coordinate Departmental agencies and systems for § 2.300 Director, Office of Civil Rights. targeting, collecting, analyzing, and (a) Pursuant to § 2.25, the following evaluating program participation data delegations of authority are made by and equal employment opportunity the Assistant Secretary for Civil data. Rights to the Director, Office of Civil (4) Provide leadership and coordinate Rights: Departmentwide programs of public no- (1) Provide overall leadership, coordi- tification regarding the availability of nation, and direction for the Depart- USDA programs on a nondiscrim- ment’s programs of civil rights, includ- inatory basis. ing program delivery, compliance, and (5) Coordinate with the Department equal employment opportunity, with of Justice on matters relating to Title emphasis on the following: VI of the Civil Rights Act of 1964 (42 (i) Actions to enforce Title VI of the U.S.C. 2000d), Title IX of the Education Civil Rights Act of 1964, 42 U.S.C. 2000d, Amendments of 1972 (20 U.S.C. 1681, et prohibiting discrimination in federally seq.), and section 504 of the Rehabilita- assisted programs. tion Act of 1973, as amended (29 U.S.C. (ii) Actions to enforce Title VII of 794), except those matters in litigation, the Civil Rights Act of 1964, as amend- including administrative enforcement ed, 42 U.S.C. 2000e, prohibiting dis- actions, which shall be coordinated by crimination in Federal employment. the Office of the General Counsel. (iii) Actions to enforce Title IX of the (6) Coordinate with the Department Education Amendments of 1972, 20 of Health and Human Services on mat- U.S.C. 1681, et seq., prohibiting dis- ters relating to the Age Discrimination crimination on the basis of sex in Act of 1975, 42 U.S.C. 6102, except those

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matters in litigation, including admin- (14) Conduct civil rights investiga- istrative enforcement actions, which tions and compliance reviews Depart- shall be coordinated by the Office of mentwide. the General Counsel. (15) Develop regulations, plans, and (7) Order proceedings and hearings in procedures necessary to carry out the the Department pursuant to §§ 15.9(e) Department’s civil rights programs, in- and 15.86 of this title which concern cluding the development, implementa- consolidated or joint hearings within tion, and coordination of Action Plans. the Department or with other Federal (16) Monitor, evaluate, and report on departments and agencies. agency compliance with established (8) Order proceedings and hearings in policy and Executive Orders which fur- the Department pursuant to § 15.8 of ther the participation of historically this title after the program agency has Black colleges and universities, the advised the applicant or recipient of Hispanic-serving institutions, 1994 trib- his or her failure to comply and has deal land grant institutions, and other termined that compliance cannot be colleges and universities with substan- secured by voluntary means. tial minority group enrollment in De- (9) Issue orders to give a notice of partmental programs and activities. hearing or the opportunity to request a hearing pursuant to part 15 of this (17) Related to Equal Employment Op- title; arrange for the designation of an portunity (EEO). Provide support to the Administrative Law Judge to preside Assistant Secretary for Civil Rights over any such hearing; and determine who serves as the Department’s Direc- whether the Administrative Law Judge tor of Equal Employment Opportunity, so designated will make an initial deci- with authority to: sion or certify the record to the Sec- (i) Perform the functions and respon- retary of Agriculture with his or her sibilities of that position under 29 CFR recommended findings and proposed ac- part 1614, including the authority: tion. (A) To make changes in programs (10) Authorize the taking of action and procedures designed to eliminate pursuant to § 15.8(a) of this title relat- discriminatory practices and improve ing to compliance by ‘‘other means au- the Department’s EEO program. thorized by law.’’ (B) To provide EEO services for man- (11) Make determinations required by agers and employees. § 15.8(d) of this title that compliance (C) To make final agency decisions cannot be secured by voluntary means, on EEO complaints by Department em- and then take action, as appropriate. ployees or applicants for employment (12) Make determinations that pro- and order such corrective measures in gram complaint investigations per- such complaints as may be considered formed under § 15.6 of this title estab- necessary, including the recommenda- lish a proper basis for findings of dis- tion for such disciplinary action as is crimination, and that actions taken to warranted when an employee has been correct such findings are adequate. found to have engaged in a discrimina- (13) Investigate (or make determina- tory practice tions that program complaint inves- (ii) Administer the Department’s tigations establish a proper basis for EEO program. final determinations), make final determinations on both the merits and (iii) Oversee and manage the EEO required corrective action, and, where counseling function for the Depart- applicable, make recommendations to ment. the Secretary that relief be granted (iv) Process formal EEO complaints under 7 U.S.C. 6998(d) notwithstanding by employees or applicants for employ- the finality of National Appeals Divi- ment. sion decisions, as to complaints filed (v) Investigate Department EEO com- under parts 15a, 15b, and 15d of this plaints and make final decisions on title, except in those cases where the EEO complaints, except in those cases Director, Office of Civil Rights, has where the Assistant Secretary has par- participated in the events that gave ticipated in the events that gave rise rise to the matter. to the matter.

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(vi) Order such corrective measures quired by law or regulation to perform in EEO complaints as may be consid- such services for: ered necessary, including the rec- (i) The Secretary of Agriculture. ommendation for such disciplinary ac- (ii) The general officers of the De- tion as is warranted when an employee partment. has been found to engage in a discrimi- (iii) The offices and agencies report- natory practice. ing to the Assistant Secretary for Ad- (vii) Provide liaison on EEO matters ministration. concerning complaints and appeals (iv) Any other offices or agencies of with the Department agencies and De- the Department as may be agreed. partment employees. (22) Related to outreach. (i) Develop (viii) Coordinate the Department’s policy guidelines and implement a De- affirmative employment program, spe- partmental outreach program which cial emphasis programs, Federal Equal delivers services to traditionally Opportunity Recruitment Program, under-served customers. EEO evaluations, and development of (ii) Develop a strategic outreach plan policy. for the Department which coordinates (ix) Provide liaison on EEO programs the goals, objectives, and expectations and activities with the Equal Employ- of mission area outreach programs. ment Opportunity Commission and the (iii) Coordinate the dissemination/ Office of Personnel Management. communication of all outreach infor- (18) Maintain liaison with histori- mation from the Department and its cally Black colleges and universities, mission areas ensuring its trans- the Hispanic-serving institutions, 1994 mission to as wide a public spectrum as tribal land grant institutions, and possible. other colleges and universities with (iv) Serve as the Department’s offi- substantial minority group enrollment, cial outreach spokesperson. and assist Department agencies in (v) Provide coordination and over- strengthening such institutions by fa- sight of agency outreach activities in- cilitating institutional participation in cluding the establishment of outreach Department programs and activities councils. and by encouraging minority students (vi) Develop a system to monitor the to pursue curricula that could lead to delivery of outreach grants and fund- careers in the food and agricultural ing. sciences. (vii) Establish requirements and pro- (19) Administer the discrimination cedures for reporting agency outreach appeals and complaints program for status and accomplishments including the Department, including all formal Departmental reporting under the Out- individual or group appeals, where the reach and Assistance for Socially Dis- system provides for an avenue of re- advantaged Farmers and Ranchers Pro- dress to the Department level, Equal gram (7 U.S.C. 2279). Employment Opportunity Commission, (24) Related to conflict management. (i) or other outside authority. Designate the senior official to serve as (20) Make final determinations, or the Department Dispute Resolution enter into settlement agreements, on Specialist under the Administrative discrimination complaints in con- Dispute Resolution Act of 1996, 5 U.S.C. ducted programs subject to the Equal 571, et seq., and provide leadership, di- Credit Opportunity Act. This delega- rection and coordination for the De- tion includes the authority to make partment’s conflict prevention and res- compensatory damage awards whether olution activities. pursuant to a final determination or in (ii) Issue Departmental regulations, a settlement agreement under the au- policies, and procedures relating to the thority of the Equal Credit Oppor- use of Alternative Dispute Resolution tunity Act and the authority to obli- (ADR) to resolve employment com- gate agency funds, including CCC and plaints and grievances, workplace dis- FCIC funds to satisfy such an award. putes, Departmental program disputes, (21) Provide civil rights and equal and contract and procurement dis- employment opportunity support serv- putes. ices, with authority to take actions re- (iii) Provide ADR services for:

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(A) The Secretary of Agriculture. 3.34 Interest, penalties and administrative (B) The general officers of the De- costs. partment. 3.35 Disclosure to a credit reporting agency. 3.36 Use of collection agencies. (C) The offices and agencies reporting to the Assistant Secretary for Admin- Subpart C—Salary Offset istration. (D) Any other officer or agency of the 3.51 Scope. Department as may be agreed. 3.52 Definitions. (iv) Develop and issue standards for 3.53 Coordinating offset with another Fed- eral agency. mediators and other ADR neutrals uti- 3.54 Determination of indebtedness. lized by the Department. 3.55 Notice requirements before offset. (v) Coordinate ADR activities 3.56 Request for a hearing. throughout the Department. 3.57 Result if employee fails to meet dead- (vi) Monitor Agency ADR programs lines. and report at least annually to the Sec- 3.58 Hearings. retary on the Department’s ADR ac- 3.59 Written decision following a hearing. tivities. 3.60 Review of Departmental record related to the debt. (25) Redelegate, as appropriate, any 3.61 Written agreement to repay debt as al- authority delegated under this section ternative to salary offset. to general officers of the Department 3.62 Procedures for salary offset: When de- and heads of Departmental agencies. ductions may begin. (b) [Reserved] 3.63 Procedures for salary offset: Types of collection. [69 FR 34255, June 21, 2004] 3.64 Procedures for salary offset: Methods of collection. PART 3—DEBT MANAGEMENT 3.65 Procedures for salary offset: Imposition of interest, penalties and administrative costs. Subpart A—Settlement of Small or Old 3.66 Nonwaiver of rights. Debts 3.67 Refunds. 3.68 Agency regulations. Sec. 3.1 Purposes of the act and regulations. Subpart D—Cooperation with the Internal 3.2 Definitions. Revenue Service 3.3 Settlement of indebtedness. 3.4 Investigations and findings. 3.81 Reporting discharged debts to the In- 3.5 Delegations of authority. ternal Revenue Service. 3.6 Forms and records. 3.82 Offset against tax refunds. 3.8 Penalties. 3.9 Indebtedness referred to the Comptroller Subpart E—Adjusted Civil Monetary General or the Attorney General. Penalties 3.10 Scope of the act. 3.91 Adjusted civil monetary penalties. Subpart B—Debt Collection 3.21 Debt collection standards. Subpart A—Settlement of Small or 3.22 Definitions. Old Debts 3.23 Collection by administrative offset. 3.24 Coordinating administrative offset with AUTHORITY: Sec. 1, 58 Stat. 836; 12 U.S.C. other Federal agencies. 1150. 3.25 Notice requirements before offset. 3.26 Exceptions to notice requirements. SOURCE: 10 FR 807, Jan. 23, 1945, unless oth- 3.27 Inspection of USDA records related to erwise noted. Redesignated at 13 FR 6903, the debt. Nov. 24, 1948. 3.28 Written agreements to repay debt as alternative to administrative offset. § 3.1 Purposes of the act and regula- 3.29 Hearings and reviews. tions. 3.30 Stay of offset. The principal purposes of the act and 3.31 Agency procedures. of the regulations in this part are to 3.32 Offset against amounts payable from Civil Service retirement and disability provide means of: fund. (a) Settling, by compromise, adjust- 3.33 Offset of debtor’s judgment against the ment or cancellation relatively small United States. debts long past due and owing to the

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