Revision of Delegations of Authority

SUMMARY: This document revises the delegations of authority from the

Secretary of Agriculture and general officers of the Department due to

a reorganization.

EFFECTIVE DATE: November 8, 1995.

FOR FURTHER INFORMATION CONTACT: Robert L. Siegler, Deputy Assistant

General Counsel, Research and Operations Division, Office of the

General Counsel, Department of Agriculture, Room 2321-S, Washington,

D.C. 20250, telephone 202-720-6035.

SUPPLEMENTARY INFORMATION: On June 16, 1995, USDA published in the

Federal Register (60 FR 31766-31840) a proposal to revise the

delegations of authority appearing in 7 CFR Part 2 due to a

reorganization of the department. The revised delegations were intended

to effectuate the Federal Crop Insurance Reform and Department of

Agriculture Reorganization Act of 1994, Pub. L. 103-354. The Act

permits the Secretary to reorganize the Department of Agriculture. The

Act authorized the establishment of subcabinet positions and the

restructuring of agencies and offices of the Department of Agriculture.

In addition, the proposal noted that pursuant to Public Law 101-576,

the Chief Financial Officers Act of 1990, there is required to be in

the Department of Agriculture the position of Chief Financial Officer

(CFO). The document proposed making delegations to the CFO. Finally the

document proposed changing the name of the Consolidated Farm Service

Agency to the ``Farm Service Agency.''

The majority of comments that were received were from employees of

USDA who recommended that the name of the Consolidated Farm Service

Agency be changed to the Farm Service Agency. Thirteen comments were

received that could not be identified as being from employees of USDA.

Twelve were in favor of changing the name; one was against. All the

favorable comments noted that the word ``Consolidated'' added little to

describing the function of the agency. Upon considering all the

comments received, it is determined that the name of the agency should

be changed to the Farm Service Agency since that name better reflects

the mission of the agency. In addition, as a result of comments that

were made, revisions were made in the following sections:

Section 2.7. The term ``administrative rules and regulations'' is

changed to ``administrative directives'' to clarify that the authority

delegated is to be exercised in accordance with applicable internal

directives. The term ``in this part or elsewhere'' is changed to ``in

this part'' to clarify that agency heads delegated authority in this

regulation report to a general officer.

Section 2.16(a)(2)(i)(A). The proposal excepts from the authority

delegated to the Under Secretary for Farm and Foreign Agricultural

Services, the authority to administer section 303(a) (2) and (3) of the

Consolidated Farm and Rural Development Act (``Con Act''), relating to

real estate loans for recreation and non-farm purposes. It has been

determined that the authority to administer section 303(a) (2) and (3)

of the Con Act should have been included in the Under Secretary's

delegation. Accordingly, the paragraph is deleted and the remaining

paragraphs in section 2.16(a)(2)(i) are renumbered.

Section 2.16(a)(3)(x). Adds to the list of acts administered by the

Under Secretary for Farm and Foreign Agricultural Services, ``the Pork

Promotion, Research, and Consumer Information Act of 1985 (7 U.S.C.

4801-4819)''.

Section 2.22(a)(1)(viii)(EE). To be consistent with the above

delegation to the Under Secretary for Farm and Foreign Agricultural

Services, the phrase ``except as delegated to the Under Secretary for

Farm and Foreign Agricultural Services in Sec. 2.16(a)(3)(x)'' is added

to the delegation to the Assistant Secretary for Marketing and

Regulatory Programs relating to the Pork Promotion, Research, and

Consumer Information Act of 1985.

Section 2.22(a)(2)(xxiii). The citation to the 28 Hour Law is

corrected to read ``49 U.S.C. 80502'' in the delegation to the

Assistant Secretary for Marketing and Regulatory Programs.

Section 2.28(b)(16). The proposed delegation to the Chief Financial

Officer is revised to add the authority to provide budget, accounting,

fiscal and related management services, with authority to take action

required by law or regulation to provide such services for Working

Capital Funds and general appropriated and trust funds for the

Secretary of Agriculture; General Officers of the Department, except

the Inspector General; for offices reporting to the Assistant Secretary

for Administration; and for any other officer or agency as may be

agreed upon. This authority was inadvertently omitted. This authority

formerly was exercised by the Assistant Secretary for Administration.

Section 2.42(a)(28)(i). This paragraph is revised to parallel the

revision made to section 2.16(a)(2)(i)(A). The proposal excepts from

the authority delegated to the Administrator, Farm Service Agency, the

authority to administer section 303(a) (2) and (3) of the Con Act,

relating to real estate loans for recreation and non-farm purposes. It

has been determined that the authority to administer section 303(a) (2)

and (3) of the Con Act should have been included in the Administrator's

delegation. Accordingly, the provision is deleted and the remaining

paragraphs in section 2.42(a)(28) are renumbered.

Section 2.43(a)(24). This paragraph is revised to parallel the

revision made to section 2.16(a)(3)(x). It adds to the list of acts

administered by Administrator, Foreign Agricultural Service, ``the Pork

Promotion, Research, and Consumer Information Act of 1985 (7 U.S.C.

4801-4819)''.

Section 2.79(a)(8)(xxxix). This paragraph is revised to parallel

the revision made to section 2.22(a)(1)(viii)(EE). It adds the phrase

``except as specified in Sec. 2.43(a)24)'' to the delegation to the

Administrator, Agricultural Marketing Service relating to the Pork

Promotion, Research, and Consumer Information Act of 1985.

Section 2.80(a)(23). The citation to 28 Hour Law was corrected to

read ``49 U.S.C. 80502'' in the delegation to the Administrator, Animal

and Plant Health Inspection Service.

Section 2.87(a)(12). In this paragraph, the Assistant Secretary for

Administration has proposed delegating to the Director, Office of Civil

Rights Enforcement, the authority to perform investigations and make

determinations on both the merits and required corrective action as to

complaints that allege discrimination in USDA programs and activities.

The Assistant Secretary has determined that he should make the final

determinations on both the merits and required corrective action as to

these complaints. Accordingly, that portion of the paragraph that

delegates such responsibilities to the Director, Office of Civil Rights

Enforcement, is deleted.

List of Subjects in 7 CFR Part 2

Authority delegations (Government agencies).

Accordingly, 7 CFR part 2 is revised as set forth below.

[[Page 56393]]

PART 2--DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE

AND GENERAL OFFICERS OF THE DEPARTMENT

Subpart A--General

Sec.

2.1 Establishment of the Department.

2.2 Authority of the Secretary to prescribe regulations.

2.3 Authority of the Secretary to delegate authority.

2.4 General officers.

2.5 Order in which officers of the Department shall act as

Secretary.

Subpart B--General Delegations of Authority by the Secretary of

Agriculture

2.7 Authority to supervise and direct.

2.8 Delegations of authority to Agency Heads to order that the

United States flag be flown at half-staff.

2.9 Additional delegations.

2.10 Limitations.

2.11 New principles and periodic reviews.

2.12 Secretary and general officers not precluded from exercising

delegated powers.

2.13 Status of prior delegations.

Subpart C--Delegations of Authority to the Deputy Secretary, the Under

Secretaries and Assistant Secretaries

2.15 Deputy Secretary.

2.16 Under Secretary for Farm and Foreign Agricultural Services.

2.17 Under Secretary for Rural Economic and Community Development.

2.18 Under Secretary for Food Safety.

2.19 Under Secretary for Food, Nutrition, and Consumer Services.

2.20 Under Secretary for Natural Resources and Environment.

2.21 Under Secretary for Research, Education, and Economics.

2.22 Assistant Secretary for Marketing and Regulatory Programs.

2.23 Assistant Secretary for Congressional Relations.

2.24 Assistant Secretary for Administration.

Subpart D--Delegations of Authority to Other General Officers and

Agency Heads

2.26 Director, Office of the Executive Secretariat.

2.27 Office of Administrative Law Judges.

2.28 Chief Financial Officer.

2.29 Chief Economist.

2.30 Director, Office of Budget and Program Analysis.

2.31 General Counsel.

2.32 Alternative Agricultural Research and Commercialization Board.

2.33 Inspector General.

2.34 Director, National Appeals Division.

2.35 Judicial Officer.

2.36 Director, Office of Communications.

Subpart E--Delegations of Authority by the Deputy Secretary

2.37 Director, Office of Small and Disadvantaged Business

Utilization.

Subpart F--Delegations of Authority by the Under Secretary for Farm and

Foreign Agricultural Services

2.40 Deputy Under Secretary for Farm and Foreign Agricultural

Services.

2.42 Administrator, Farm Service Agency.

2.43 Administrator, Foreign Agricultural Service.

Subpart G--Delegations of Authority by the Under Secretary for Rural

Economic and Community Development

2.45 Deputy Under Secretary for Rural Economic and Community

Development.

2.47 Administrator, Rural Utilities Service.

2.48 Administrator, Rural Business and Cooperative Development

Service.

2.49 Administrator, Rural Housing and Community Development

Service.

Subpart H--Delegations of Authority by the Under Secretary for Food

Safety

2.51 Deputy Under Secretary for Food Safety.

2.53 Administrator, Food Safety and Inspection Service.

Subpart I--Delegations of Authority by the Under Secretary for Food,

Nutrition, and Consumer Services

2.55 Deputy Under Secretary for Food, Nutrition, and Consumer

Services.

2.57 Administrator, Food and Consumer Service.

Subpart J--Delegations of Authority by the Under Secretary for Natural

Resources and Environment

2.59 Deputy Under Secretaries for Natural Resources and

Environment.

2.60 Chief, Forest Service.

2.61 Chief, Natural Resources Conservation Service.

Subpart K--Delegations of Authority by the Under Secretary for

Research, Education, and Economics

2.63 Deputy Under Secretary for Research, Education, and Economics.

2.65 Administrator, Agricultural Research Service.

2.66 Administrator, Cooperative State Research, Education, and

Extension Service.

2.67 Administrator, Economic Research Service.

2.68 Administrator, National Agricultural Statistics Service.

Subpart L--Delegations of Authority by the Chief Economist

2.70 Deputy Chief Economist.

2.71 Director, Office of Risk Assessment and Cost-Benefit Analysis.

2.72 Chairman, World Agricultural Outlook Board.

Subpart M--Delegations of Authority by the Chief Financial Officer

2.75 Deputy Chief Financial Officer.

Subpart N--Delegations of Authority by the Assistant Secretary for

Marketing and Regulatory Programs

2.77 Deputy Assistant Secretary for Marketing and Regulatory

Programs.

2.79 Administrator, Agricultural Marketing Service.

2.80 Administrator, Animal and Plant Health Inspection Service.

2.81 Administrator, Grain Inspection, Packers and Stockyards

Administration.

Subpart O--Delegations of Authority by the Assistant Secretary for

Congressional Relations

2.83 Deputy Assistant Secretary for Congressional Relations.

2.85 Director, Office of Congressional and Intergovernmental

Relations.

Subpart P--Delegations of Authority by the Assistant Secretary for

Administration

2.87 Deputy Assistant Secretary for Administration.

2.89 Director, Office of Civil Rights Enforcement.

2.90 Director, Office of Information Resources Management.

2.91 Director, Office of Operations.

2.92 Director, Office of Personnel.

Authority: 7 U.S.C. 6912(a)(1); 5 U.S.C. 301; Reorganization

Plan No. 2 of 1953, 3 CFR, 1949-1953 Comp., p. 1024.

Subpart A--General

Sec. 2.1 Establishment of the Department.

The Department of Agriculture was created by the Act of May 15,

1862, and by the Act of February 9, 1889, it was made an executive

department in the Federal Government under the supervision and control

of the Secretary of Agriculture (7 U.S.C. 2201, 2202, 2204).

Sec. 2.2 Authority of the Secretary to prescribe regulations.

The general authority of the Secretary to prescribe regulations

governing the work of the Department is based on 5 U.S.C. 301 which

provides that the head of an Executive department may prescribe

regulations for the government of his department, the conduct of its

employees, the distribution and performance of its business, and the

custody, use and preservation of its records, papers, and property.

Sec. 2.3 Authority of the Secretary to delegate authority.

(a) The general authority of the Secretary to make delegations of

his authority is based on:

(1) Section 4(a) of Reorganization Plan No. 2 of 1953 (5 U.S.C.

App.), which provides that the Secretary of Agriculture may from time

to time make such provisions as he shall deem appropriate authorizing

the performance by any other officer, or by an agency or

[[Page 56394]]

employee, of the Department of Agriculture of any function of the

Secretary, including any function transferred to the Secretary by the

provisions of this reorganization plan; and

(2) Section 212(a)(1) of the Department of Agriculture

Reorganization Act of 1994, Pub. L. No. 103-354, 7 U.S.C. 6912(a)(1),

which provides that the Secretary may delegate to any agency, office,

officer, or employee of the Department the authority to perform any

function transferred to the Secretary under 7 U.S.C. 6912(a) or any

other function vested in the Secretary as of the date of the enactment

of the Act.

(6) [Reserved]

Sec. 2.4 General officers.

The work of the Department is under the supervision and control of

the Secretary who is assisted by the following general officers: the

Deputy Secretary; the Under Secretary for Farm and Foreign Agricultural

Services; the Under Secretary for Rural Economic and Community

Development; the Under Secretary for Food Safety; the Under Secretary

for Food, Nutrition, and Consumer Services; the Under Secretary for

Natural Resources and Environment; the Under Secretary for Research,

Education, and Economics; the Assistant Secretary for Marketing and

Regulatory Programs; the Assistant Secretary for Congressional

Relations; the Assistant Secretary for Administration; the General

Counsel; the Inspector General; the Chief Financial Officer; the

Judicial Officer; the Director, Office of Budget and Program Analysis;

the Chief Economist; the Director, National Appeals Division; the

Director of Communications; and the Director, Office of Small and

Disadvantaged Business Utilization.

Sec. 2.5 Order in which officers of the Department shall act as

Secretary.

(a) Pursuant to Executive Order 11957, 3 CFR, 1977 Comp., p. 79, in

the case of the absence, sickness, resignation, or death of both the

Secretary and the Deputy Secretary, the officials designated in

paragraphs (a)(1) through (a)(10) of this section shall act as

Secretary in the order in which they are listed. Each official shall

act only in the absence, sickness, resignation, or death of the

immediately preceding official:

(1) The Under Secretary for Farm and Foreign Agricultural Services.

(2) The Under Secretary for Rural Economic and Community

Development.

(3) The Under Secretary for Food Safety.

(4) The Under Secretary for Food, Nutrition, and Consumer Services.

(5) The Under Secretary for Natural Resources and Environment.

(6) The Under Secretary for Research, Education, and Economics.

(7) The General Counsel.

(8) The Assistant Secretary for Marketing and Regulatory Programs.

(9) The Assistant Secretary for Administration.

(10) The Assistant Secretary for Congressional Relations.

(b) [Reserved]

Subpart B--General Delegations of Authority by the Secretary of

Agriculture

Sec. 2.7 Authority to supervise and direct.

Unless specifically reserved, or otherwise delegated, the

delegations of authority to each general officer of the Department and

each agency head contained in this part includes the authority to

direct and supervise the employees engaged in the conduct of activities

under such official's jurisdiction, and the authority to take any

action, execute any document, authorize any expenditure, promulgate any

rule, regulation, order, or instruction required by or authorized by

law and deemed by the general officer or agency head to be necessary

and proper to the discharge of his or her responsibilities. This

authority will be exercised subject to applicable administrative

directives. Unless otherwise provided, a general officer or agency head

may, subject to his or her continuing responsibility for the proper

discharge of delegations made to him, in this part, delegate and

provide for the redelegation of his or her authority to appropriate

officers and employees. Subject to the general supervision of the

Secretary, agency heads who are delegated authority from a general

officer, in this part, report to and are under the supervision of that

general officer.

Sec. 2.8 Delegations of authority to Agency Heads to order that the

United States flag be flown at half-staff.

Pursuant to section 5 of Proclamation 3044, 3 CFR, 1954-1958 Comp.,

p. 4, each general officer and agency head is delegated authority to

order that the United States flag shall be flown at half-staff on

buildings and grounds under his or her jurisdiction or control. This

authority shall be exercised in accordance with directives promulgated

by the Director, Office of Operations.

Sec. 2.9 Additional delegations.

The authority granted to a general officer may be exercised in the

discharge of any additional functions which the Secretary may assign.

Sec. 2.10 Limitations.

The delegations made in this part shall not be construed to confer

upon any general officer or agency head the authority of the Secretary

to prescribe regulations which by law require approval of the

President.

Sec. 2.11 New principles and periodic reviews.

In the exercise of authority delegated by the Secretary, the

application of new principles of major importance or a departure from

principles established by the Secretary should be brought to the

attention of the Secretary. General officers are responsible for

assuring that periodic reviews are conducted of the activities of the

agencies assigned to their direction and supervision, as required by 5

U.S.C. 305.

Sec. 2.12 Secretary and general officers not precluded from exercising

delegated powers.

No delegation of authority by the Secretary or a general officer

contained in this part shall preclude the Secretary or general officer

from exercising any of the authority so delegated.

Sec. 2.13 Status of prior delegations.

Nothing in this part shall affect the bylaws of the Commodity

Credit Corporation, the Federal Crop Insurance Corporation, or the

Rural Telephone Bank. All delegations previously made which are

inconsistent with delegations made in this part are superseded;

however, any regulation, order, authorization, expenditure, or other

instrument, heretofore issued or made pursuant to any delegation of

authority shall continue in full force and effect unless and until

withdrawn or superseded pursuant to authority granted in this part.

Subpart C--Delegations of Authority to the Deputy Secretary, the

Under Secretaries and Assistant Secretaries

Sec. 2.15 Deputy Secretary.

The following delegation of authority is made by the Secretary of

Agriculture to the Deputy Secretary: Perform all of the duties and

exercise all of the powers and functions which are now or which may

hereafter be, vested in the Secretary of Agriculture. This delegation

is subject to the limitation in Sec. 2.10.

[[Page 56395]]

Sec. 2.16 Under Secretary for Farm and Foreign Agricultural Services.

(a) The following delegations of authority are made by the

Secretary of Agriculture to the Under Secretary for Farm and Foreign

Agricultural Services:

(1) Related to consolidated farm service.

(i) Formulate policies and administer programs authorized by the

Agricultural Adjustment Act of 1938, as amended (7 U.S.C. 1282 et

seq.).

(ii) Formulate policies and administer programs authorized by the

Agricultural Act of 1949, as amended (7 U.S.C. 1441 et seq.).

(iii) Coordinate and prevent duplication of aerial photographic

work of the Department, including:

(A) Clearing photography projects;

(B) Assigning symbols for new aerial photography, maintaining

symbol records, and furnishing symbol books;

(C) Recording departmental aerial photography flow and coordinating

the issuance of aerial photography status maps of latest coverage;

(D) Promoting interchange of technical information and techniques

to develop lower costs and better quality;

(E) Representing the Department on committees, task forces, work

groups, and other similar groups concerned with aerial photography

acquisition and reproduction, and serving as liaison with other

governmental agencies on aerial photography but excluding mapping;

(F) Providing a Chairperson for the Photography Sales Committee of

the Department;

(G) Coordinating development, preparation, and issuance of

specifications for aerial photography for the Department;

(H) Coordinating and performing procurement, inspection, and

application of specifications for USDA aerial photography;

(I) Providing for liaison with EROS Data Center to support USDA

programs and research with satellite imagery reproductions; and

(J) Maintaining library and files of USDA aerial film and

retrieving and supplying reproductions on request.

(iv) Administer the Agricultural Conservation Program under title X

of the Agricultural Act of 1970, as amended (16 U.S.C. 1501 et seq.),

and under the Soil Conservation and Domestic Allotment Act, as amended

(16 U.S.C. 590g et seq.).

(v) Administer the Emergency Conservation Program under the

Agricultural Credit Act of 1978, as amended (16 U.S.C. 2201 et seq.).

(vi) Conduct fiscal, accounting and claims functions relating to

Commodity Credit Corporation (CCC) programs for which the Under

Secretary for Farm and Foreign Agricultural Services has been delegated

authority under paragraph (a)(3) of this section and, in conjunction

with other agencies of the U.S. Government, develop and formulate

agreements to reschedule amounts due from foreign countries.

(vii) Conduct assigned activities under the Strategic and Critical

Materials Stockpiling Act, as amended (50 U.S.C. 98 et seq.).

(viii) Supervise and direct Farm Service Agency State and county

offices and delegate functions to be performed by Farm Service Agency

State and county committees.

(ix) Administer the dairy indemnity program under the Act of August

13, 1968, as amended (7 U.S.C. 450j et seq.).

(x) Administer procurement, processing, handling, distribution,

disposition, transportation, payment, and related services with respect

to surplus removal and supply operations which are carried out under

section 210 of the Agricultural Act of 1956 (7 U.S.C. 1859), the Act of

August 19, 1958, as amended (7 U.S.C. 1431 note), and section 709 of

the Food and Agricultural Act of 1965, as amended (7 U.S.C. 1446a-1),

except as delegated in paragraph (a)(3) of this section and to the

Under Secretary for Food, Nutrition, and Consumer Services in

Sec. 2.19, and assist the Under Secretary for Food, Nutrition, and

Consumer Services and the Assistant Secretary for Marketing and

Regulatory Programs in the procurement, handling, payment, and related

services under section 32 of the Act of August 24, 1935, as amended (7

U.S.C. 612c), the Act of June 28, 1937, as amended (7 U.S.C. 713c), the

National School Lunch Act, as amended (42 U.S.C. 1751, et seq.),

section 8 of the Child Nutrition Act of 1966, as amended (42 U.S.C.

1777), section 311 of the Older Americans Act of 1965, as amended (42

U.S.C. 3030a), section 4(a) of the Agriculture and Consumer Protection

Act of 1973, as amended (7 U.S.C. 612c note), and section 1114 of the

Agriculture and Food Act of 1981 (7 U.S.C. 1431e).

(xi) Administer Wool and Mohair Programs under the National Wool

Act of 1954, as amended (7 U.S.C. 1781, et seq.), and, in accordance

with section 708 of that Act (7 U.S.C. 1787), conduct referenda,

withhold funds (for advertising and promotion) from payments made to

producers under section 704 of that Act (7 U.S.C. 1783), and transfer

such funds to the person or agency designated by the Assistant

Secretary for Marketing and Regulatory Programs.

(xii) Administer the Agricultural Foreign Investment Disclosure Act

of 1978 (7 U.S.C. 3501 et seq.), except those functions delegated in

Sec. 2.21(a)(8)(xi).

(xiii) Administer energy management activities as assigned.

(xiv) Conduct producer referenda of commodity promotion programs

under the Beef Research and Information Act, as amended (7 U.S.C. 2901

et seq.), and the Agricultural Promotion Programs Act of 1990, as

amended (7 U.S.C. 6001 et seq.).

(xv) Conduct field operations of diversion programs for fresh

fruits and vegetables under section 32 of the Act of August 29, 1935.

(xvi) Administer the U.S. Warehouse Act, as amended (7 U.S.C. 241-

273), and perform compliance examinations for Farm Service Agency

programs.

(xvii) Administer the provisions of the Soil Conservation and

Domestic Allotment Act relating to assignment of payments (16 U.S.C.

590h(g)).

(xviii) Formulate and carry out the Conservation Reserve Program

under the Food Security Act of 1985, as amended (16 U.S.C. 1231 et

seq.).

(xix) Carry out functions relating to highly erodible land and

wetland conservation under sections 1211-1213 and 1221-1223 of the Food

Security Act of 1985, as amended (16 U.S.C. 3811-3813 and 3821-3823).

(xx) Administer the Integrated Farm Management Program under the

Food, Agriculture, Conservation, and Trade Act of 1990, as amended (7

U.S.C. 5822).

(xxi) Administer the provisions of section 326 of the Food and

Agricultural Act of 1962, as amended (7 U.S.C. 1339c), as they relate

to any Farm Service Agency administered program.

(xxii) Conduct an Options Pilot Program pursuant to sections 1151-

1156 of the Food, Agriculture, Conservation, and Trade Act of 1990, as

amended (7 U.S.C. 1421 note).

(xxiii) Formulate and administer regulations regarding program

ineligibility resulting from convictions under Federal or State law of

planting, cultivating, growing, producing, harvesting, or storing a

controlled substance, as required under section 1764 of the Food

Security Act of 1985 (21 U.S.C. 881a).

(2) Related to farm credit. (i) Administer the Consolidated Farm

and Rural Development Act (7 U.S.C. 1921 et seq.), except for the

authority contained in the following sections:

(A) The authority in section 304(b) (7 U.S.C. 1924(b)), relating to

small business enterprise loans;

[[Page 56396]]

(B) Section 306 (7 U.S.C. 1926), relating to all programs in that

section;

(C) Section 306A (7 U.S.C. 1926a) and section 306B (7 U.S.C.

1926b), relating to the emergency community water assistance grant

programs;

(D) Section 306C (7 U.S.C. 1926c) to administer the water and waste

facility loans and grants to alleviate health risks;

(E) Sections 309 (7 U.S.C. 1929) and 309A (7 U.S.C. 1929a),

regarding assets and programs related to rural development;

(F) Section 310A (7 U.S.C. 1931), relating to watershed and

resource conservation and development loans;

(G) Section 310B (7 U.S.C. 1932), regarding rural industrialization

assistance;

(H) Section 312(b) (7 U.S.C. 1942(b)), relating to small business

enterprises;

(I) Section 342 (7 U.S.C. 1013a);

(J) Section 364 (7 U.S.C. 2006f), section 365 (7 U.S.C. 2008),

section 366 (7 U.S.C. 2008a), section 367 (7 U.S.C. 2008b), and section

368 (7 U.S.C. 2008c), regarding assets and programs related to rural

development; and

(K) Administrative provisions of subtitle D of the Consolidated

Farm and Rural Development Act related to Rural Utilities Service,

Rural Business and Cooperative Development Service, and Rural Housing

and Community Development Service activities.

(ii) Collect, service, and liquidate loans made or insured by the

Farm Service Agency, or its predecessor agencies.

(iii) Administer the Rural Rehabilitation Corporation Trust

Liquidation Act (40 U.S.C. 440 et seq.), and trust, liquidation, and

other agreements entered into pursuant thereto.

(iv) Make grants and enter into contracts and other agreements to

provide outreach and technical assistance to socially disadvantaged

farmers and ranchers under 7 U.S.C. 2279.

(v) Administer Farmers Home Administration or any successor agency

assets conveyed in trust under the Participation Sales Act of 1966 (12

U.S.C. 1717).

(vi) Administer the Emergency Loan and Guarantee Programs under

sections 232, 234, 237, and 253 of the Disaster Relief Act of 1970

(Pub. L. No. 91-606), the Disaster Relief Act of 1969 (Pub. L. No. 91-

79), Pub. L. No. 92-385, approved August 16, 1972, and the Emergency

Livestock Credit Act of 1974 (Pub. L. No. 93-357), as amended.

(vii) Administer loans to homestead or desertland entrymen and

purchasers of land in reclamation projects or to an entryman under the

desertland law (7 U.S.C. 1006a and 1006b).

(viii) Administer the Federal Claims Collection Act of 1966, as

amended (31 U.S.C. 3711 et seq.), and joint regulations issued pursuant

thereto by the Attorney General and the Comptroller General (4 CFR

chapter II), with respect to claims of the Farm Service Agency.

(ix) Service, collect, settle, and liquidate:

(A) Deferred land purchase obligations of individuals under the

Wheeler-Case Act of August 11, 1939, as amended (16 U.S.C. 590y), and

under the item, ``Water Conservation and Utilization projects'' in the

Department of the Interior Appropriation Act, 1940 (53 Stat. 719), as

amended;

(B) Puerto Rican Hurricane Relief loans under the Act of July 11,

1956 (70 Stat. 525); and

(C) Loans made in conformance with section 4 of the Southeast

Hurricane Disaster Relief Act of 1965 (79 Stat. 1301).

(x) Administer loans to Indian tribes and tribal corporations (25

U.S.C. 488-492).

(xi) Administer the State Agricultural Loan Mediation Program under

title 5 of the Agricultural Credit Act of 1987 (7 U.S.C. 5101 et seq.)

(xii) Administer financial assistance programs relating to Economic

Opportunity Loans to Cooperatives under part A of title III and part D

of title I and the necessarily related functions in title VI of the

Economic Opportunity Act of 1964, as amended (42 U.S.C. 2763-2768,

2841-2855, 2942, 2943(b), 2961), delegated by the Director of the

Office of Economic Opportunity to the Secretary of Agriculture by

documents dated October 23, 1964 (29 FR 14764), and June 17, 1968 (33

FR 9850), respectively.

(xiii) Exercise all authority and discretion vested in the

Secretary by section 331(c) of the Consolidated Farm and Rural

Development Act, as amended by section 2 of the Farmers Home

Administration Improvement Act of 1994, Pub. L. 103-248 (7 U.S.C.

1981(c)), including the following:

(A) Determine, with the concurrence of the General Counsel, which

actions are to be referred to the Department of Justice for the conduct

of litigation, and refer such actions to the Department of Justice

through the General Counsel;

(B) Determine, with the concurrence of the General Counsel, which

actions are to be referred to the General Counsel, for the conduct of

litigation and refer such actions; and

(C) Enter into contracts with private sector attorneys for the

conduct of litigation, with the concurrence of the General Counsel,

after determining that the attorneys will provide competent and cost

effective representation for the Farm Service Agency.

(3) Related to foreign agriculture. (i) Coordinate the carrying out

by Department agencies of their functions involving foreign

agricultural policies and programs and their operations and activities

in foreign areas. Act as liaison on these matters and functions

relating to foreign agriculture between the Department of Agriculture

and the Department of State, the United States Trade Representative,

the Trade Policy Committee, the Agency for International Development,

and other departments, agencies, and committees of the U.S. Government,

foreign governments, the Organization for Economic Cooperation and

Development, the European Union, the Food and Agriculture Organization

of the United Nations, the International Bank for Reconstruction and

Development, the Inter-American Development Bank, the Organization of

American States, and other public and private U.S. and international

organizations, and the contracting parties to the General Agreement on

Tariffs and Trade (GATT) and the World Trade Organization (WTO).

(ii) Administer Departmental programs concerned with development of

foreign markets for agricultural products of the United States except

functions relating to export marketing operations under section 32 of

the Act of August 23, 1935, as amended (7 U.S.C. 612c), delegated to

the Assistant Secretary for Marketing and Regulatory Programs, and

utilization research delegated to the Under Secretary for Research,

Education, and Economics.

(iii) Conduct studies of worldwide production, trade, marketing,

prices, consumption, and other factors affecting exports and imports of

U.S. agricultural commodities; obtain information on methods used by

other countries to move farm commodities in world trade on a

competitive basis for use in the development of programs of this

Department; provide information to domestic producers, the agricultural

trade, the public and other interests; and promote normal commercial

markets abroad. This delegation excludes basic and long-range analyses

of world conditions and developments affecting supply, demand, and

trade in farm products and general economic analyses of the

international financial and monetary aspects of agricultural affairs as

assigned to the Under Secretary for Research, Education, and Economics.

(iv) Conduct functions of the Department relating to GATT, WTO, the

[[Page 56397]]

Trade Expansion Act of 1962 (19 U.S.C. 1801 et seq.), the Trade Act of

1974 (19 U.S.C. 2101 et seq.), the Trade Agreements Act of 1979 (19

U.S.C. 2501 et seq.), the Omnibus Trade and Competition Act of 1988 (19

U.S.C. 2901 et seq.), the provisions of subtitle B of title III of the

North American Free Trade Agreement Implementation Act, and other

legislation affecting international agricultural trade including the

programs designed to reduce foreign tariffs and other trade barriers.

(v) Maintain a worldwide agricultural intelligence and reporting

system, including provision for foreign agricultural representation

abroad to protect and promote U.S. agricultural interests, and to

acquire information on demand, competition, marketing, and distribution

of U.S. agricultural commodities abroad pursuant to title VI of the

Agricultural Act of 1954, as amended (7 U.S.C. 1761-1768).

(vi) Conduct Department activities to carry out the provisions of

the International Coffee Agreement Act of 1968 (19 U.S.C. 1356f).

(vii) Administer functions of the Department relating to import

controls, except those functions reserved to the Secretary in paragraph

(b) of this section and those relating to section 8e of the

Agricultural Act of 1938 (7 U.S.C. 608e-1), as assigned to the

Assistant Secretary for Marketing and Regulatory Programs. These

include:

(A) Functions under section 22 of the Agricultural Adjustment Act

of 1933, as amended (7 U.S.C. 624);

(B) General note 15(c) to the Harmonized Tariff Schedule of the

United States (19 U.S.C. 1202);

(C) Requests for emergency relief from duty-free imports of

perishable products filed with the Department of Agriculture under

section 213(f) of the Caribbean Basin Recovery Act of 1983 (19 U.S.C.

2703(f));

(D) Section 404 of the Trade and Tariff Act of 1984 (19 U.S.C. 2112

note);

(E) Section 204(e) of the Andean Trade Preference Act (19 U.S.C.

3203(e));

(F) Functions under sections 309 and 316 of the North American Free

Trade Agreement Implementation Act (19 U.S.C. 3358 and 3381);

(G) Section 301(a) of the United States-Canada Free Trade Agreement

Implementation Act (19 U.S.C. 2112 note); and

(H) Section 204 of the Agricultural Act of 1956, as amended (7

U.S.C. 1854).

(viii) Represent the Department on the Interdepartmental Committee

for Export Control and to conduct departmental activities to carry out

the provisions of the Export Administration Act of 1969, as amended (50

U.S.C. App. 2401 et seq.), except as reserved to the Secretary under

paragraph (b)(2) of this section.

(ix) Exercise the Department's responsibilities in connection with

international negotiations of the International Wheat Agreement and in

the administration of such Agreement.

(x) Plan and carry out programs and activities under the foreign

market promotion authority of the Wheat Research and Promotion Act (7

U.S.C. 1292 note); the National Wool Act of 1954, as amended (7 U.S.C.

1781-1787); the Cotton Research and Promotion Act (7 U.S.C. 2101-2118);

section 610 of the Agricultural Act of 1970 (7 U.S.C. 2119); the Potato

Research and Promotion Act (7 U.S.C. 2611-2627); the Egg Research and

Consumer Information Act of 1974 (7 U.S.C. 2701-2718); the Beef

Research and Information Act, as amended (7 U.S.C. 2901-2918); the

Wheat and Wheat Foods Research and Nutrition Education Act (7 U.S.C.

3401-3417); subtitle B of title I of the Dairy and Tobacco Adjustment

Act of 1983 (7 U.S.C. 4501-4513); the Pork Promotion, Research, and

Consumer Information Act of 1985 (7 U.S.C. 4801-4819); the Pecan

Promotion and Research Act of 1990 (7 U.S.C. 6001-6013); the Mushroom

Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C.

6101-6112); the Lime Research, Promotion and Consumer Information Act

of 1990 (7 U.S.C. 6201-6212); and the Soybean Promotion, Research, and

Consumer Information Act of 1990 (7 U.S.C. 6301-6311). This authority

includes determining the programs and activities to be undertaken and

assuring that they are coordinated with the overall departmental

programs to develop foreign markets for U.S. agricultural products.

(xi) Formulate policies and administer barter programs under which

agricultural commodities are exported.

(xii) Perform functions of the Department in connection with the

development and implementation of agreements to finance the sale and

exportation of agricultural commodities under Public Law 480, 83rd

Congress, hereafter referred to as ``Public Law 480'' (7 U.S.C. 1691,

1701 et seq.).

(xiii) Administer commodity procurement and supply, transportation

(other than from point of export, except for movement to trust

territories or possessions), handling, payment, and related services in

connection with programs under titles II and III of Public Law 480 (7

U.S.C. 1691, 1701 et seq.), and payment and related services with

respect to export programs and barter operations.

(xiv) Coordinate within the Department activities arising under

Public Law 480 (except as delegated to the Under Secretary for

Research, Education, and Economics in Sec. 2.21(a)(8)), and represent

the Department in its relationships in such matters with the Department

of State, any interagency committee on Public Law 480, and other

departments, agencies and committees of the Government.

(xv) Formulate policies and implement programs to promote the

export of dairy products, as authorized under section 153 of the Food

Security Act of 1985, as amended (15 U.S.C. 713a-14), and of

sunflowerseed oil and cottonseed oil, as authorized under section

301(b)(2)(A) of the Disaster Assistance Act of 1988, as amended (7

U.S.C. 1464 note).

(xvi) Formulate policies and implement a program for the export

sales of dairy products, as authorized by section 1163 of the Food

Security Act of 1985 (7 U.S.C. 1731 note).

(xvii) Carry out activities relating to the sale, reduction, or

cancellation of debt, as authorized by title VI of the Agricultural

Trade and Development Act of 1954, as amended (7 U.S.C. 1738 et seq.).

(xviii) Carry out debt-for-health-and-protection swaps, as

authorized by section 1517 of the Food, Agriculture, Conservation, and

Trade Act of 1990 (7 U.S.C. 1706).

(xix) Determine the agricultural commodities acquired under price

support programs which are available for export and allocate such

commodities among the various export programs.

(xx) Conduct economic analyses pertaining to the foreign sugar

situation.

(xxi) Exercise the Department's functions with respect to the

International Sugar Agreement or any such future agreements.

(xxii) Exercise the Department's responsibilities with respect to

tariff-rate quotes for dairy products under chapter 4 of the Harmonized

Tariff Schedule of the United States (19 U.S.C. 1202).

(xxiii) Serve as a focal point for handling quality or weight

discrepancy inquiries from foreign buyers of U.S. agricultural

commodities to insure that they are investigated and receive a timely

response and that reports thereof are made to appropriate parties and

government officials in order that corrective action may be taken.

(xxiv) Establish and administer regulations relating to foreign

travel by

[[Page 56398]]

employees of the Department. Regulations will include, but not be

limited to, obtaining and controlling passports, obtaining visas,

coordinating Department of State medical clearances and imposing

requirements for itineraries and contacting the Foreign Agricultural

Affairs Officers upon arrival in the Officers' country(ies) of

responsibility.

(xxv) Formulate policies and administer programs and activities

authorized by the Agricultural Trade Act of 1978, as amended (7 U.S.C.

5601 et seq.).

(xxvi) Administer the Foreign Service personnel system for the

Department in accordance with 22 U.S.C. 3922, except as otherwise

delegated to the Assistant Secretary for Marketing and Regulatory

Programs in Sec. 2.22(a)(2)(i), but including authority to approve

joint regulations issued by the Department of State and authority to

represent the Department of Agriculture in all interagency

consultations and negotiations with the other foreign affairs agencies

with respect to joint regulations.

(xxvii) Establish and maintain U.S. Agricultural Trade Offices, to

develop, maintain and expand international markets for U.S.

agricultural commodities in accordance with title IV of Pub. L. No. 95-

501 (7 U.S.C. 1765a-g).

(xxviii) Administer the programs under section 416(b) of the

Agricultural Act of 1949, as amended (7 U.S.C. 1431(b)), relating to

the foreign donation of CCC stocks of agricultural commodities.

(xxix) Administer section 214 of the Tobacco Adjustment Act of 1983

(7 U.S.C. 509).

(xxx) Administer section 1558 of the Food, Agriculture,

Conservation, and Trade Act of 1990 (7 U.S.C. 958).

(xxxi) Administer programs under the Food for Progress Act of 1985

(7 U.S.C. 1736o).

(xxxii) Serve as Department adviser on policies, organizational

arrangements, budgets, and actions to accomplish international

scientific and technical cooperation in food and agriculture.

(xxxiii) Administer and direct the Department's programs in

international development, technical assistance, and training carried

out under the Foreign Assistance Act, as amended, as requested under

such act (22 U.S.C. 2151 et seq.).

(xxxiv) Administer and coordinate assigned Departmental programs in

international research and scientific and technical cooperation with

other governmental agencies, land grant universities, international

organizations, international agricultural research centers, and other

institutions (7 U.S.C. 1624, 3291).

(xxxv) Direct and coordinate the Department's participation in

scientific and technical matters and exchange agreements between the

United States and other countries.

(xxxvi) Direct and coordinate the Department's work in

international organizations and interagency committees concerned with

food and agricultural development programs (7 U.S.C. 2201-2202).

(xxxvii) Coordinate policy formulation for USDA international

science and technology programs concerning international agricultural

research centers, international organizations, and international

agricultural research and extension activities (7 U.S.C. 3291).

(xxxviii) Disseminate, upon request, information on subjects

connected with agriculture which has been acquired by USDA agencies

that may be useful to the U.S. private sector in expanding foreign

markets and investment opportunities through the operation of a

Department information center, pursuant to 7 U.S.C. 2201.

(xxxix) Enter into contracts, grants, cooperative agreements, and

cost reimbursable agreements relating to agricultural research,

extension, or teaching activities (7 U.S.C. 3318, 3319a).

(xl) Determine amounts reimbursable for indirect costs under

international agricultural programs and agreements (7 U.S.C. 3319).

(xli) Administer the Cochran Fellowship Program (7 U.S.C. 3293).

(xlii) Determine quantity trigger levels and impose additional

duties under the special safeguard measures in accordance with U.S.

note 2 to subchapter IV of chapter 99 of the Harmonized Tariff Schedule

of the United States (19 U.S.C. 1202).

(4) Related to federal crop insurance. (i) Exercise general

supervision of the Federal Crop Insurance Corporation.

(ii) Appoint such officers and employees as may be necessary for

the transaction of the business of the Corporation, except, as provided

in paragraph (b)(3) of this section.

(5) Related to committee management. Establish and reestablish

regional, state, and local advisory committees for activities under his

or her authority. This authority may not be redelegated.

(6) Related to defense and emergency preparedness. Administer

responsibilities and functions assigned under the Defense Production

Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), and title VI of

the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42

U.S.C. 5195 et seq.), concerning agricultural production; food

processing, storage, and distribution; distribution of farm equipment

and fertilizer; rehabilitation and use of food, agricultural and

related agribusiness facilities; CCC resources; farm credit and

financial assistance; and foreign agricultural intelligence and other

foreign agricultural matters.

(7) Related to environmental response. With respect to land and

facilities under his or her authority, exercise the functions delegated

to the Secretary by Executive Order 12580, 3 CFR, 1987 Comp., p. 193,

under the following provisions of the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (``the Act''), as

amended:

(i) Sections 104 (a), (b), and (c)(4) of the Act (42 U.S.C. 9604

(a), (b), and (c)(4)), with respect to removal and remedial actions in

the event of release or threatened release of a hazardous substance,

pollutant, or contaminant into the environment;

(ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with

respect to information gathering and access requests and orders;

compliance with Federal health and safety standards and wage and labor

standards applicable to covered work; and emergency procurement powers;

(iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with

respect to the reduction of exposure to significant risk to human

health;

(iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to

the acquisition of real property and interests in real property

required to conduct a remedial action;

(v) The first two sentences of section 105(d) of the Act (42 U.S.C.

9605(d)), with respect to petition for preliminary assessment of a

release or threatened release;

(vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to

consideration of the availability of qualified minority firms in

awarding contracts, but excluding that portion of section 105(f)

pertaining to the annual report to Congress;

(vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the

assessment of civil penalties for violations of section 122 of the Act

(42 U.S.C. 9622), and the granting of awards to individuals providing

information;

(viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect

to the designation of officials who may obligate money in the Hazardous

Substances Superfund;

[[Page 56399]]

(ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to

establishing an administrative record upon which to base the selection

of a response action and identifying and notifying potentially

responsible parties;

(x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to

preliminary assessment and site inspection of facilities;

(xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and

(c)), with respect to public participation in the preparation of any

plan for remedial action and explanation of variances from the final

remedial action plan for any remedial action or enforcement action,

including any settlement or consent decree entered into;

(xii) Section 119 of the Act (42 U.S.C. 9119), with respect to

indemnifying response action contractors;

(xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to

cleanup standards; and

(xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to

settlements, but excluding section 122(b)(1) of the Act (42 U.S.C.

9622(b)(1)), related to mixed funding agreements.

(8) Related to compliance with environmental laws. With respect to

facilities and activities under his or her authority, to exercise the

authority of the Secretary of Agriculture pursuant to section 1-102

related to compliance with applicable pollution control standards and

section 1-601 of Executive Order 12088, 3 CFR, 1978 Comp., p. 243, to

enter into an inter-agency agreement with the United States

Environmental Protection Agency, or an administrative consent order or

a consent judgment in an appropriate State, interstate, or local

agency, containing a plan and schedule to achieve and maintain

compliance with applicable pollution control standards established

pursuant to the following:

(i) Solid Waste Disposal Act, as amended by the Resource

Conservation and Recovery Act, as further amended by the Hazardous and

Solid Waste Amendments, and the Federal Facility Compliance Act (42

U.S.C. 6901 et seq.);

(ii) Federal Water Pollution Prevention and Control Act, as amended

(33 U.S.C. 1251 et seq.);

(iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.);

(iv) Clean Air Act, as amended (42 U.S.C. 7401 et seq.);

(v) Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq.);

(vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601 et

seq.);

(vii) Federal Insecticide, Fungicide, and Rodenticide Act, as

amended (7 U.S.C. 136 et seq.); and

(viii) Comprehensive Environmental Response, Compensation, and

Liability Act of 1980, as amended by the Superfund Amendments and

Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.).

(b) The following authorities are reserved to the Secretary of

Agriculture:

(1) Related to farm service. (i) Appointment of Farm Service Agency

State committeemen.

(ii) Final approval of regulations relating to the selection and

exercise of the functions of committees promulgated under section 8(b)

of the Soil Conservation and Domestic Allotment Act, as amended (16

U.S.C. 590h(b)).

(2) Related to foreign agriculture. (i) Approving export controls

with respect to any agricultural commodity, including fats and oils or

animal hides or skins as provided for in the Export Administration Act

of 1969, as amended (50 U.S.C. App. 2401 et seq.).

(ii) Advising the President that imports are having the effect on

programs or operations of this Department required as a prerequisite

for the imposition of import controls under section 22 of the

Agricultural Adjustment Act of 1933, as amended (7 U.S.C. 624a),

recommending that the President cause an investigation to be made by

the Tariff Commission of the facts so that a determination can be made

whether import restrictions should be imposed under that Act, and

determining under section 204(e) of the Andean Trade Preference Act (19

U.S.C. 3203(e)) that there exists a serious injury, or threat thereof

and recommending to the President whether or not to take action.

(iii) Determining the agricultural commodities and the quantities

thereof available for disposition under Public Law 480 (7 U.S.C. 1731).

(3) Related to federal crop insurance.

(i) Appointment of the Board of Directors, Federal Crop Insurance

Corporation.

(ii) Appointment of the Manager, Federal Crop Insurance

Corporation.

Sec. 2.17 Under Secretary for Rural Economic and Community

Development.

(a) The following delegations of authority are made by the

Secretary of Agriculture to the Under Secretary for Rural Economic and

Community Development:

(1) Provide leadership and coordination within the executive branch

of a Nationwide Rural Development Program utilizing the services of

executive branch departments and agencies and the agencies, bureaus,

offices, and services of the Department of Agriculture in coordination

with rural development programs of State and local governments (7

U.S.C. 2204).

(2) Coordinate activities relative to rural development among

agencies reporting to the Under Secretary for Rural Economic and

Community Development and, through appropriate channels, serve as the

coordinating official for other departmental agencies having primary

responsibilities for specific titles of the Rural Development Act of

1972, and allied legislation.

(3) Administer a national program of economic, social, and

environmental research and analysis, statistical programs, and

associated service work related to rural people and the communities in

which they live including rural industrialization; rural population and

manpower; local government finance; income development strategies;

housing; social services and utilization; adjustments to changing

economic and technical forces; and other related matters.

(4) Work with Federal agencies in encouraging the creation of rural

community development organizations.

(5) Assist other Federal agencies in making rural community

development organizations aware of the Federal programs available to

them.

(6) Advise rural community development organizations of the

availability of Federal assistance programs.

(7) Advise other Federal agencies of the need for particular

Federal programs.

(8) Assist rural community development organizations in making

contact with Federal agencies whose assistance may be of benefit to

them.

(9) Assist other Federal agencies and national organizations in

developing means for extending their services effectively to rural

areas.

(10) Assist other Federal agencies in designating pilot projects in

rural areas.

(11) Conduct studies to determine how programs of the Department

can be brought to bear on the economic development problems of the

country and assure that local groups are receiving adequate technical

assistance from Federal agencies or from local and State governments in

formulating development programs and in carrying out planned

development activities.

(12) Assist other Federal agencies in formulating manpower

development and training policies.

(13) Related to committee management. Establish and reestablish

[[Page 56400]]

regional, state, and local advisory committees for activities under his

or her authority. This authority may not be re-delegated.

(14) Related to defense and emergency preparedness. Administer

responsibilities and functions assigned under the Defense Production

Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), and title VI of

the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42

U.S.C. 5195 et seq.), concerning rural development credit and financial

assistance.

(15) Related to energy. (i) Provide Department-wide operational

support and coordination for loan and grant programs to foster and

encourage the production of fuels from agricultural and forestry

products or by-products.

(ii) Participate as a Department representative at conferences,

meetings and other contacts including liaison with the Department of

Energy and other government agencies and departments with respect to

implementation of established Department energy policy.

(iii) Serve as Co-Chairperson of the Energy Coordinating Committee

of the Department.

(16) Collect, service, and liquidate loans made, insured, or

guaranteed by the Rural Utilities Service, the Rural Housing and

Community Development Service, the Rural Business and Cooperative

Development Service, or their predecessor agencies.

(17) Administer the Federal Claims Collection Act of 1966 (31

U.S.C. 3711 et seq.), and joint regulations issued pursuant thereto by

the Attorney General and the Comptroller General (4 CFR chapter II),

with respect to claims of the Rural Housing and Community Development

Service, the Rural Business and Cooperative Development Service and the

Rural Utilities Service.

(18) With respect to land and facilities under his or her

authority, exercise the functions delegated to the Secretary by

Executive Order 12580, 3 CFR, 1987 Comp., p. 193, under the following

provisions of the Comprehensive Environmental Response, Compensation,

and Liability Act of 1980 (``the Act''), as amended:

(i) Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a),

(b), and (c)(4)), with respect to removal and remedial actions in the

event of release or threatened release of a hazardous substance,

pollutant, or contaminant into the environment;

(ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with

respect to information gathering and access requests and orders;

compliance with Federal health and safety standards and wage and labor

standards applicable to covered work; and emergency procurement powers;

(iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with

respect to the reduction of exposure to significant risk to human

health;

(iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to

the acquisition of real property and interests in real property

required to conduct a remedial action;

(v) The first two sentences of section 105(d) of the Act (42 U.S.C.

9605(d)), with respect to petitions for preliminary assessment of a

release or threatened release;

(vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to

consideration of the availability of qualified minority firms in

awarding contracts, but excluding that portion of section 105(f)

pertaining to the annual report to Congress;

(vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the

assessment of civil penalties for violations of section 122 of the Act

(42 U.S.C. 9622), and the granting of awards to individuals providing

information;

(viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect

to the designation of officials who may obligate money in the Hazardous

Substances Superfund;

(ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to

establishing an administrative record upon which to base the selection

of a response action and identifying and notifying potentially

responsible parties;

(x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to

preliminary assessment and site inspection of facilities;

(xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and

(c)), with respect to public participation in the preparation of any

plan for remedial action and explanation of variances from the final

remedial action plan for any remedial action or enforcement action,

including any settlement or consent decree entered into;

(xii) Section 119 of the Act (42 U.S.C. 9119), with respect to

indemnifying response action contractors;

(xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to

cleanup standards; and

(xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to

settlements, but excluding section 122(b)(1) of the Act (42 U.S.C.

9622(b)(1)), related to mixed funding agreements.

(19) With respect to facilities and activities under his or her

authority, to exercise the authority of the Secretary of Agriculture

pursuant to section 1-102 related to compliance with applicable

pollution control standards and section 1-601 of Executive Order 12088,

3 CFR, 1978 Comp., p. 243, to enter into an inter-agency agreement with

the United States Environmental Protection Agency, or an administrative

consent order or a consent judgment in an appropriate State,

interstate, or local agency, containing a plan and schedule to achieve

and maintain compliance with applicable pollution control standards

established pursuant to the following:

(i) Solid Waste Disposal Act, as amended by the Resource

Conservation and Recovery Act, as further amended by the Hazardous and

Solid Waste Amendments, and the Federal Facility Compliance Act (42

U.S.C. 6901 et seq.);

(ii) Federal Water Pollution Prevention and Control Act, as amended

(33 U.S.C. 1251 et seq.);

(iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.);

(iv) Clean Air Act, as amended (42 U.S.C. 7401 et seq.);

(v) Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq.);

(vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601 et

seq.);

(vii) Federal Insecticide, Fungicide, and Rodenticide Act, as

amended (7 U.S.C. 136 et seq.); and

(viii) Comprehensive Environmental Response, Compensation, and

Liability Act of 1980, as amended by the Superfund Amendments and

Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.).

(20) Related to rural utilities service. (i) Administer the Rural

Electrification Act of 1936, as amended (7 U.S.C. 901 et seq.) except

for rural economic development loan and grant programs; (7 U.S.C. 940c

and 950aa et seq.): Provided, however, that the Under Secretary may

utilize consultants and attorneys for the provision of legal services

pursuant to 7 U.S.C. 918, with the concurrence of the General Counsel.

(ii) Administer the Rural Electrification Act of 1938 (7 U.S.C. 903

note).

(iii) Designate the chief executive officer of the Rural Telephone

Bank.

(iv) Administer the following sections of the Consolidated Farm and

Rural Development Act (7 U.S.C. 1921, et seq.):

(A) Section 306 (7 U.S.C. 1926), related to water and waste

facilities;

(B) Section 306A (7 U.S.C. 1926a);

(C) Section 306B (7 U.S.C. 1926b);

(D) Section 306C (7 U.S.C. 1926c);

(E) Sections 309 (7 U.S.C. 1929) and 309A (7 U.S.C. 1929a),

relating to assets and programs related to watershed facilities,

resource and conservation facilities, and water and waste facilities;

[[Page 56401]]

(F) Section 310A (7 U.S.C. 1931), relating to watershed and

resource conservation and development;

(G) Section 310B(b) (7 U.S.C. 1932(b));

(H) Section 310B(i) (7 U.S.C. 1932(i)), relating to loans for

business telecommunications partnerships; and

(I) Administrative Provisions of subtitle D of the Consolidated

Farm and Rural Development Act relating to rural utility activities.

(v) Administer section 8, and those functions with respect to

repayment of obligations under section 4 of the Watershed Protection

and Flood Prevention Act (16 U.S.C. 1006a, 1004) and administer the

Resource Conservation and Development Program to assist in carrying out

resource conservation and development projects in rural areas under

section 32(e) of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(e)).

(vi) Administer the Water and Waste Loan Program (7 U.S.C. 1926-1).

(vii) Administer the Rural Wastewater Treatment Circuit Rider

Program (7 U.S.C. 1926 note).

(viii) Administer the Distance Learning and Medical Link Programs

(7 U.S.C. 950aaa et seq.).

(ix) Administer Water and Waste Facility Programs and activities (7

U.S.C. 1926-1).

(21) Related to rural business and cooperative development. (i)

Administer the Rural Economic Development Loan and Grant Programs under

the Rural Electrification Act (7 U.S.C. 940c and 950aa et seq.).

(ii) Administer the following sections of the Consolidated Farm and

Rural Development Act (7 U.S.C. 1921 et seq.):

(A) Section 306(a)(11)(A) (7 U.S.C. 1926 (a)(11)(A)), relating to

grants for business technical assistance and planning;

(B) Section 304(b) (7 U.S.C. 1924(b)), relating to small business

enterprises;

(C) Sections 309 (7 U.S.C. 1929) and 309A (7 U.S.C. 1929a),

relating to assets and programs related to rural development;

(D) Section 310B (7 U.S.C. 1932), relating to rural

industrialization assistance, rural business enterprise grants and

rural technology and cooperative development grants;

(E) Section 312(b) (7 U.S.C. 1942(b)), relating to small business

enterprises; and

(F) Administrative Provisions of subtitle D of the Consolidated

Farm and Rural Development Act relating to rural business and

cooperative development activities.

(iii) Administer Alcohol Fuels Credit Guarantee Program Account

(Pub. L. 102-341, 106 Stat. 895).

(iv) Administer section 1323 of the Food Security Act of 1985 (7

U.S.C. 1932 note).

(v) Administer loan programs in the Appalachian region under

sections 203 and 204 of the Appalachian Regional Development Act of

1965 (40 U.S.C. App. 204).

(vi) Administer section 601 of the Powerplant and Industrial Fuel

Use Act of 1978 (Pub. L. 95-620).

(vii) Administer the Drought and Disaster Guaranteed Loan Program

under section 331 of the Disaster Assistance Act of 1988 (7 U.S.C.

1929a note).

(viii) Administer the Disaster Assistance for Rural Business

Enterprises Guaranteed Loan Program under section 401 of the Disaster

Assistance Act of 1989 (7 U.S.C. 1929a note).

(ix) Administer the Rural Economic Development Demonstration Grant

Program (7 U.S.C. 2662a).

(x) Administer the Economically Disadvantaged Rural Community Loan

Program (7 U.S.C. 6616).

(xi) Exercise administrative oversight over the Alternative

Agricultural Research and Commercialization Center established pursuant

to the Alternative Agricultural Research and Commercialization Act of

1990, (7 U.S.C. 5901 et seq.).

(xii) Administer programs authorized by the Cooperative Marketing

Act of 1926 (7 U.S.C. 451-457).

(xiii) Carry out the responsibilities of the Secretary of

Agriculture relating to the marketing aspects of cooperatives,

including economic research and analysis, the application of economic

research findings, technical assistance to existing and developing

cooperatives, education on cooperatives, and statistical information

pertaining to cooperatives as authorized by the Agricultural Marketing

Act of 1946 (7 U.S.C. 1621-1627).

(xiv) Work with institutions and international organizations

throughout the world on subjects related to the development and

operation of agricultural cooperatives. Such work may be carried out

by:

(A) Exchanging materials and results with such institutions or

organizations;

(B) Engaging in joint or coordinated activities; or

(C) Stationing representatives at such institutions or

organizations in foreign countries (7 U.S.C. 3291).

(xv) Administer in rural areas the process of designation,

provision of monitoring and oversight, and provision of technical

assistance for Empowerment Zones and Enterprise Communities pursuant to

section 13301 of Public Law 103-66, Omnibus Budget Reconciliation Act

of 1993 (26 U.S.C. 1391 et seq.)

(xvi) Work with Federal agencies in encouraging the creation of

local rural community development organizations. Within a State, assist

other Federal agencies in developing means for extending their services

effectively to rural areas and in designating pilot projects in rural

areas (7 U.S.C. 2204).

(xvii) Conduct assessments to determine how programs of the

Department can be brought to bear on the economic development problems

of a State or local area and assure that local groups are receiving

adequate and effective technical assistance from Federal agencies or

from local and State governments in formulating development programs

and in carrying out planned development activities (7 U.S.C. 2204b).

(xviii) Develop a process through which State, sub-state and local

rural development needs, goals, objectives, plans, and recommendations

can be received and assessed on a continuing basis (7 U.S.C. 2204b).

(xix) Prepare local or area-wide rural development strategies based

on the needs, goals, objectives, plans and recommendations of local

communities, sub-state areas and States (7 U.S.C. 2204b).

(xx) Develop a system of outreach in the State or local area to

promote rural development and provide for the publication and

dissemination of information, through multi-media methods, relating to

rural development. Advise local rural development organizations of

availability of Federal programs and the type of assistance available,

and assist in making contact with Federal program (7 U.S.C. 2204; 7

U.S.C. 2204b).

(22) Related to rural housing and community development. (i)

Administer the following under the Consolidated Farm and Rural

Development Act (7 U.S.C. 1921 et seq.):

(A) Section 306 (7 U.S.C. 1926), except with respect to financing

for water and waste disposal facilities; or loans for rural

electrification or telephone systems or facilities other than

hydroelectric generating and related distribution systems and

supplemental and supporting structures if they are eligible for Rural

Utilities Service financing; and financing for grazing facilities and

irrigation and drainage facilities; and subsection 306(a)(11);

(B) Section 309A (7 U.S.C. 1929a), regarding assets and programs

relating to community facilities; and

[[Page 56402]]

(C) Administrative Provisions of subtitle D of the Consolidated

Farm and Rural Development Act relating to rural housing and community

development activities.

(ii) Administer title V of the Housing Act of 1949 (42 U.S.C. 1471

et seq.), except those functions pertaining to research.

(iii) Make grants, administer a grant program, and determine the

types of assistance to be provided to aid low-income migrant and

seasonal farmworkers (42 U.S.C. 5177a).

(iv) Administer the Rural Housing Disaster Program under sections

232, 234, and 253 of the Disaster Relief Act of 1970 (Pub. L. No. 91-

606).

(v) Exercise all authority and discretion vested in the Secretary

by section 510(d) of the Housing Act of 1949, as amended by section

1045 of the Stewart B. McKinney Homeless Assistance Amendments Act of

1988, Pub. L. 100-628 (42 U.S.C. 1480(d)), including the following:

(A) Determine, with the concurrence of the General Counsel, which

actions are to be referred to the Department of Justice for the conduct

of litigation, and refer such actions to the Department of Justice

through the General Counsel;

(B) Determine, with the concurrence of the General Counsel, which

actions are to be referred to the General Counsel for the conduct of

litigation and refer such actions; and

(C) Enter into contracts with private sector attorneys for the

conduct of litigation, with the concurrence of the General Counsel,

after determining that the attorneys will provide competent and cost

effective representation for the Rural Housing and Community

Development Service and representation by the attorney will either

accelerate the process by which a family or person eligible for

assistance under section 502 of the Housing Act of 1949 will be able to

purchase and occupy the housing involved, or preserve the quality of

the housing involved.

(b) The following authority is reserved to the Secretary of

Agriculture:

(1) Related to rural business and cooperative development.

Submission to the Congress of the report required pursuant to section

1469 of Pub. L. No. 101-624.

(2) [Reserved]

Sec. 2.18 Under Secretary for Food Safety.

(a) The following delegations of authority are made by the

Secretary of Agriculture to the Under Secretary for Food Safety:

(1) Related to food safety and inspection. (i) Exercise the

functions of the Secretary of Agriculture contained in the Agricultural

Marketing Act of 1946, as amended (7 U.S.C. 1621-1627), relating to

voluntary inspection of poultry and edible products thereof; voluntary

inspection and certification of technical animal fat; certified

products for dogs, cats, and other carnivora; voluntary inspection of

rabbits and edible products thereof; and voluntary inspection and

certification of edible meat and other products.

(ii) Exercise the functions of the Secretary of Agriculture

contained in the following legislation:

(A) Poultry Products Inspection Act, as amended (21 U.S.C. 451-

470);

(B) Federal Meat Inspection Act, as amended, and related

legislation, excluding sections 12-14, and also excluding so much of

section 18 as pertains to issuance of certificates of condition of live

animals intended and offered for export (21 U.S.C. 601-611, 615-624,

641-645, 661, 671-680, 691-692, 694-695);

(C) Egg Products Inspection Act, except for the Shell Egg

Surveillance Program, voluntary laboratory analyses of egg products,

and the Voluntary Egg Grading Program (21 U.S.C. 1031-1056);

(D) Talmadge-Aiken Act (7 U.S.C. 450) with respect to cooperation

with States in administration of the Federal Meat Inspection Act and

the Poultry Products Inspection Act;

(E) Humane Slaughter Act (7 U.S.C. 1901-1906);

(F) National Laboratory Accreditation Program (7 U.S.C. 138-138i)

with respect to laboratories accredited only for pesticide residue

analysis in meat and poultry products; and

(G) Administer and conduct a Food Safety Research Program (7 U.S.C.

427).

(iii) Coordinate with the Assistant Secretary for Marketing and

Regulatory Programs the administration of programs relating to human

pathogen reduction (such as salmonella enteritidis) pursuant to section

2 of the Act of February 2, 1903, as amended (21 U.S.C. 111), and

sections 4 and 5 of the Act of May 29, 1884, as amended (21 U.S.C.

120).

(iv) Enter into contracts, grants, or cooperative agreements to

further research programs in the agricultural sciences (7 U.S.C. 3318).

(2) Related to committee management. Establish and reestablish

regional, State, and local advisory committees for activities under his

or her authority. This authority may not be redelegated.

(3) Related to defense and emergency preparedness. Administer

responsibilities and functions assigned under the Defense Production

Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), and title VI of

the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42

U.S.C. 5195 et seq.), concerning the wholesomeness of meat and poultry

and products thereof and inspection of eggs and egg products.

(4) Related to biotechnology. Coordinate the development and

carrying out by Department agencies of all matters and functions

pertaining to the Department's regulation of biotechnology as they may

affect the safety of meat, poultry or egg products.

(5) Related to environmental response. With respect to land and

facilities under his or her authority, exercise the functions delegated

to the Secretary by Executive Order 12580, 3 CFR, 1987 Comp., p. 193,

under the following provisions of the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (``the Act''), as

amended:

(i) Sections 104 (a), (b), and (c)(4) of the Act (42 U.S.C. 9604

(a), (b), and (c)(4)), with respect to removal and remedial actions in

the event of release or threatened release of a hazardous substance,

pollutant, or contaminant into the environment;

(ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with

respect to information gathering and access requests and orders;

compliance with Federal health and safety standards and wage and labor

standards applicable to covered work; and emergency procurement powers;

(iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with

respect to the reduction of exposure to significant risk to human

health;

(iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to

the acquisition of real property and interests in real property

required to conduct a remedial action;

(v) The first two sentences of section 105(d) of the Act (42 U.S.C.

9605(d)), with respect to petitions for preliminary assessment of a

release or threatened release;

(vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to

consideration of the availability of qualified minority firms in

awarding contracts, but excluding that portion of section 105(f)

pertaining to the annual report to Congress;

(vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the

assessment of civil penalties for violations of section 122 of the Act

(42 U.S.C. 9622), and the granting of awards to individuals providing

information;

(viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect

to the designation of officials who may

[[Page 56403]]

obligate money in the Hazardous Substances Superfund;

(ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to

establishing an administrative record upon which to base the selection

of a response action and identifying and notifying potentially

responsible parties;

(x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to

preliminary assessment and site inspection of facilities;

(xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and

(c)), with respect to public participation in the preparation of any

plan for remedial action and explanation of variances from the final

remedial action plan for any remedial action or enforcement action,

including any settlement or consent decree entered into;

(xii) Section 119 of the Act (42 U.S.C. 9119), with respect to

indemnifying response action contractors;

(xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to

cleanup standards; and

(xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to

settlements, but excluding section 122(b)(1) of the Act (42 U.S.C.

9622(b)(1)), related to mixed funding agreements.

(6) Related to compliance with environmental laws. With respect to

facilities and activities under his or her authority, to exercise the

authority of the Secretary of Agriculture pursuant to section 1-102

related to compliance with applicable pollution control standards and

section 1-601 of Executive Order 12088, 3 CFR, 1978 Comp., p. 243, to

enter into an inter-agency agreement with the United States

Environmental Protection Agency, or an administrative consent order or

a consent judgment in an appropriate State, interstate, or local

agency, containing a plan and schedule to achieve and maintain

compliance with applicable pollution control standards established

pursuant to the following:

(i) Solid Waste Disposal Act, as amended by the Resource

Conservation and Recovery Act, as further amended by the Hazardous and

Solid Waste Amendments, and the Federal Facility Compliance Act (42

U.S.C. 6901 et seq.);

(ii) Federal Water Pollution Prevention and Control Act, as amended

(33 U.S.C. 1251 et seq.);

(iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.);

(iv) Clean Air Act, as amended (42 U.S.C. 7401 et seq.);

(v) Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq.);

(vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601 et

seq.);

(vii) Federal Insecticide, Fungicide, and Rodenticide Act, as

amended (7 U.S.C. 136 et seq.); and

(viii) Comprehensive Environmental Response, Compensation, and

Liability Act of 1980, as amended by the Superfund Amendments and

Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.).

Sec. 2.19 Under Secretary for Food, Nutrition, and Consumer Services.

(a) The following delegations of authority are made by the

Secretary of Agriculture to the Under Secretary for Food, Nutrition,

and Consumer Services:

(1) Related to food and nutrition. (i) Administer the following

legislation:

(A) The Food Stamp Act of 1977, as amended (7 U.S.C. 2011-2032);

(B) National School Lunch Act of 1946, as amended (42 U.S.C. 1751-

1769h), except procurement of agricultural commodities and other foods

under section 6 thereof;

(C) Child Nutrition Act of 1966, as amended (42 U.S.C. 1771-1790);

(D) Sections 933-939 of the Food, Agriculture, Conservation, and

Trade Act Amendments of 1991 (7 U.S.C. 5930 note); and

(E) Section 301 of the Healthy Meals for Healthy Americans Act of

1994 (Pub. L. 103-448).

(ii) Administer those functions relating to the distribution and

donation of agricultural commodities and products thereof under the

following legislation:

(A) Clause (3) of section 416(a) of the Agricultural Act of 1949,

as amended (7 U.S.C. 1431(a)), except the estimate and announcement of

the types and varieties of food commodities, and the quantities

thereof, to become available for distribution thereunder;

(B) Section 709 of the Food and Agriculture Act of 1965, as amended

(7 U.S.C. 1446a-1);

(C) Section 32 of the Act of August 24, 1935, as amended (7 U.S.C.

612c), as supplemented by the Act of June 28, 1937, as amended (15

U.S.C. 713c), and related legislation;

(D) Section 9 of the Act of September 6, 1958, as amended (7 U.S.C.

1431b);

(E) Section 210 of the Agricultural Act of 1956 (7 U.S.C. 1859),

except with respect to donations to Federal penal and correctional

institutions;

(F) Section 402 of the Mutual Security Act of 1954, as amended (22

U.S.C. 1922);

(G) Section 311 of the Older Americans Act of 1965, as amended (42

U.S.C. 3030a);

(H) Sections 412 and 413(b) of the Robert T. Stafford Disaster

Relief and Emergency Assistance Act (42 U.S.C. 5179, 5180(b));

(I) Sections 4 and 5 of the Agriculture and Consumer Protection Act

of 1973, as amended (7 U.S.C. 612c note);

(J) Section 1114 of the Agriculture and Food Act of 1981, as

amended (7 U.S.C. 1431e);

(K) Section 1336 of the Agriculture and Food Act of 1981 (Pub. L.

97-98);

(L) Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note);

(M) Sections 3(b)-(i), 3A and 4 of the Commodity Distribution

Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c note); and

(N) Section 110 of the Hunger Prevention Act of 1988 (7 U.S.C. 612c

note).

(iii) Administer those functions relating to the distribution of

food coupons under section 412 of the Robert T. Stafford Disaster

Relief and Emergency Assistance Act (42 U.S.C. 5179).

(iv) In connection with the functions assigned in paragraphs

(a)(1)(i), (ii) and (iii) of this section, relating to the distribution

and donation of agricultural commodities and products thereof and food

coupons to eligible recipients, authority to determine the requirements

for such agricultural commodities and products thereof and food coupons

to be so distributed.

(v) Receive donation of food commodities under clause (3) of

section 416(a) of the Agricultural Act of 1949, as amended, section 709

of the Food and Agriculture Act of 1965, as amended, section 5 of the

Agriculture and Consumer Protection Act of 1973, section 1114(a) of the

Agriculture and Food Act of 1981, and section 202(a) and 202A of the

Emergency Food Assistance Act of 1983.

(2) Related to consumer advice. (i) Develop and implement USDA

policy and procedural guidelines for carrying out the Department's

Consumer Affairs Plan.

(ii) Advise the Secretary and other policy level officials of the

Department on consumer affairs policies and programs.

(iii) Coordinate USDA consumer affairs activities and monitor and

analyze agency procedures and performance.

(iv) Represent the Department at conferences, meetings and other

contacts where consumer affairs issues are discussed, including liaison

with the White House and other governmental agencies and departments.

(v) Work with the Office of Budget and Program Analysis and the

Office of Communications to ensure coordination of USDA consumer

affairs and public

[[Page 56404]]

participation programs, policies and information, and to prevent

duplication of responsibilities.

(vi) Serve as a consumer ombudsman and communication link between

consumers and the Department.

(vii) Approve the designation of agency Consumer Affairs Contacts.

(3) Related to human nutrition information. (i) Develop techniques

and equipment to assist consumers in the home and in institutions in

selecting food that supplies a nutritionally adequate diet.

(ii) Develop family food plans at different costs for use as

standards by families of different sizes, sex-age composition, and

economic levels.

(iii) Develop suitable and safe preparation and management

procedures to retain nutritional and eating qualities of food served in

homes and institutions.

(iv) Develop materials to aid the public in meeting dietary needs,

with emphasis on food selection for good nutrition and appropriate

cost, and food preparation to avoid waste, maximize nutrient retention,

minimize food safety hazards, and conserve energy.

(v) Develop food plans for use in establishing food stamp benefit

levels, and assess the nutritional impact of Federal food programs.

(vi) Coordinate nutrition education promotion and professional

education projects within the Department.

(vii) Analyze data from food consumption surveys in coordination

with the Under Secretary for Research, Education, and Economics to

provide a basis for evaluating dietary adequacy.

(viii) Consult with the Federal and State agencies, the Congress,

universities, and other public and private organizations and the

general public regarding household food consumption, individual intake,

and dietary adequacy, and implications of the survey on public policy

regarding food and nutrition policies (7 U.S.C. 3171-3175).

(4) Related to committee management. Establish and reestablish

regional, State, and local advisory committees for activities under his

or her authority. This authority may not be redelegated.

(5) Related to defense and emergency preparedness. Administer

responsibilities and functions assigned under the Defense Production

Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), and title VI of

the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42

U.S.C. 5195 et seq.), concerning food stamp assistance.

(b) The following authority is reserved to the Secretary of

Agriculture:

(1) Related to food and nutrition. Authority to appoint the members

of the National Advisory Council on Maternal, Infant, and Fetal

Nutrition as directed in section 17(k) of the Child Nutrition Act of

1966, as amended (42 U.S.C. 1786(k)).

(2) [Reserved]

Sec. 2.20 Under Secretary for Natural Resources and Environment.

(a) The following delegations of authority are made by the

Secretary of Agriculture to the Under Secretary for Natural Resources

and Environment:

(1) Related to environmental quality. (i) Administer the

implementation of the National Environmental Policy Act for the United

States Department of Agriculture (USDA).

(ii) Provide representation for USDA on the National Response Team

on hazardous spills pursuant to Pub. L. No. 92-500 (33 U.S.C. 1151

note), and section 4 of Executive Order 11735, 3 CFR, 1971-1975 Comp.,

p. 793.

(iii) Represent USDA in contacts with the United States

Environmental Protection Agency, the Council on Environmental Quality,

and other organizations or agencies on matters related to assigned

responsibilities.

(iv) Formulate and promulgate USDA policy relating to environmental

activity and natural resources.

(v) Provide staff support for the Secretary in the review of

environmental impact statements.

(vi) Provide leadership in USDA for general land use activities

including implementation of Executive Order 11988, Flood Plain

Management, 3 CFR, 1977 Comp., p. 117, and Executive Order 11990,

Protection of Wetlands, 3 CFR, 1977 Comp., p. 121.

(2) Related to forestry. (i) Provide national leadership in

forestry. (As used here and elsewhere in this section, the term

``forestry'' encompasses renewable and nonrenewable resources of

forests, including lands governed by the Alaska National Interest Lands

Conservation Act, forest-related rangeland, grassland, brushland,

woodland, and alpine areas including but not limited to recreation,

range, timber, minerals, watershed, wildlife and fish; natural scenic,

scientific, cultural, and historic values of forests and related lands;

and derivative values such as economic strength and social well-being).

(ii) Protect, manage, and administer the national forests, national

forest purchase units, national grasslands, and other lands and

interests in lands administered by the Forest Service, which

collectively are designated as the National Forest System. This

delegation covers the acquisition and disposition of lands and

interests in lands as may be authorized for the protection, management,

and administration of the National Forest System, including the

authority to approve acquisition of land under the Weeks Act of March

1, 1911, as amended (16 U.S.C. 521), and special forest receipts acts,

as follows: (Pub. L. 337, 74th Cong., 49 Stat. 866, as amended by Pub.

L. 310, 78th Cong., 58 Stat. 227; Pub. L. 505, 75th Cong., 52 Stat.

347, as amended by Pub. L. 310, 78th Cong., 58 Stat. 227; Pub. L. 634,

75th Cong., 52 Stat. 699, as amended by Pub. L. 310, 78th Cong., 58

Stat. 227; Pub. L. 748, 75th Cong., 52 Stat. 1205, as amended by Pub.

L. 310, 78th Cong., 58 Stat. 227; Pub. L. 427, 76th Cong., 54 Stat. 46;

Pub. L. 589, 76th Cong., 54 Stat. 297; Pub. L. 591, 76th Cong., 54

Stat. 299; Pub. L. 637, 76th Cong., 54 Stat. 402; Pub. L. 781, 84th

Cong., 70 Stat. 632).

(iii) As necessary for administrative purposes, divide into and

designate as national forests any lands of 3,000 acres or more which

are acquired under or subject to the Weeks Act of March 1, 1911, as

amended, and which are contiguous to existing national forest

boundaries established under the authority of the Weeks Act.

(iv) Plan and administer wildlife and fish conservation

rehabilitation and habitat management programs on National Forest

System lands, pursuant to 16 U.S.C. 670g, 670h, and 670o.

(v) For the purposes of the National Forest System Drug Control Act

of 1986 (16 U.S.C. 559b-f), specifically designate certain specially

trained officers and employees of the Forest Service, not exceeding

500, to have authority in the performance of their duties within the

boundaries of the National Forest System:

(A) To carry firearms;

(B) To enforce and conduct investigations of violations of section

401 of the Controlled Substance Act (21 U.S.C. 841) and other criminal

violations relating to marijuana and other controlled substances that

are manufactured, distributed, or dispensed on National Forest System

lands;

(C) To make arrests with a warrant or process for misdemeanor

violations, or without a warrant for violations of such misdemeanors

that any such officer or employee has probable cause to believe are

being committed in that employee's presence or view, or for a felony

with a warrant or without a warrant if that employee has probable cause

to believe that the person being arrested has committed or is

committing such a felony;

(D) To serve warrants and other process issued by a court or

officer of competent jurisdiction;

[[Page 56405]]

(E) To search, with or without a warrant or process, any person,

place, or conveyance according to Federal law or rule of law; and

(F) To seize, with or without warrant or process, any evidentiary

item according to Federal law or rule of law.

(vi) Authorize the Forest Service to cooperate with the law

enforcement officials of any Federal agency, State, or political

subdivision, in the investigation of violations of, and enforcement of,

section 401 of the Controlled Substances Act (21 U.S.C. 841), other

laws and regulations relating to marijuana and other controlled

substances, and State drug control laws or ordinances, within the

boundaries of the National Forest System.

(vii) Administer programs under section 23 of the Federal Highway

Act (23 U.S.C. 101(a), 120(f), 125(a)-(c), 138, 202(a)-(b), 203,

204(a)-(h), 205(a)-(d), 211, 317, 402(a)).

(viii) Exercise the administrative appeal functions of the

Secretary of Agriculture in review of decisions of the Chief of the

Forest Service pursuant to 36 CFR parts 215 and 217 and 36 CFR part

251, subpart C.

(ix) Conduct, support, and cooperate in investigations,

experiments, tests, and other activities deemed necessary to obtain,

analyze, develop, demonstrate, and disseminate scientific information

about protecting, managing, and utilizing forest and rangeland

renewable resources in rural, suburban, and urban areas in the United

States and foreign countries. The activities conducted, supported, or

cooperated in shall include, but not be limited to: renewable resource

management research, renewable resource environmental research;

renewable resource protection research; renewable resource utilization

research, and renewable resource assessment research (16 U.S.C. 1641-

1647).

(x) Use authorities and means available to disseminate the

knowledge and technology developed from forestry research (16 U.S.C.

1645).

(xi) Coordinate activities with other agencies in USDA, other

Federal and State agencies, forestry schools, and private entities and

individuals (16 U.S.C. 1643).

(xii) Enter into contracts, grants, and cooperative agreements for

the support of scientific research in forestry activities (7 U.S.C.

427i(a), 1624; 16 U.S.C. 582a-8, 1643-1645, 1649).

(xiii) Enter into cooperative research and development agreements

with industry, universities, and others; institute a cash award program

to reward scientific, engineering, and technical personnel; award

royalties to inventors; and retain and use royalty income (15 U.S.C.

3710a-3710c).

(xiv) Enter into contracts, grants, or cooperative agreements to

further research, extension, or teaching programs in the food and

agricultural sciences (7 U.S.C. 3152, 3318).

(xv) Enter into cost-reimbursable agreements relating to

agricultural research, extension, or teaching activities (7 U.S.C.

3319a).

(xvi) Administer programs of cooperative forestry assistance in the

protection, conservation, and multiple resource management of forests

and related resources in both rural and urban areas and forest lands in

foreign countries (16 U.S.C. 2101-2114).

(xvii) Provide assistance to States and other units of government

in forest resources planning and forestry rural revitalization (7

U.S.C. 6601, 6611-6617; 16 U.S.C. 2107).

(xviii) Conduct a program of technology implementation for State

forestry personnel, private forest landowners and managers, vendors,

forest operators, public agencies, and individuals (16 U.S.C. 2107).

(xix) Administer Rural Fire Protection and Control Programs (16

U.S.C. 2106).

(xx) Provide technical assistance on forestry technology or the

implementation of the Conservation Reserve and Softwood Timber Programs

authorized in sections 1231-1244 and 1254 of the Food Security Act of

1985 (16 U.S.C. 3831-3844; 7 U.S.C. 1981 note).

(xxi) Administer forest insect, disease, and other pest management

programs (16 U.S.C. 2104).

(xxii) Exercise the custodial functions of the Secretary for lands

and interests in lands under lease or contract of sale to States and

local agencies pursuant to title III of the Bankhead-Jones Farm Tenant

Act and administer reserved and reversionary interests in lands

conveyed under that Act (7 U.S.C. 1010-1012).

(xxiii) Under such general program criteria and procedures as may

be established by the Natural Resources Conservation Service:

(A) Administer the forestry aspects of the programs listed in

paragraphs (a)(2)(xxiii)(A)(1), (2) and (3) of this section on the

National Forest System, rangelands with national forest boundaries,

adjacent rangelands which are administered under formal agreement, and

other forest lands;

(1) The cooperative river basin surveys and investigations program

(16 U.S.C. 1006);

(2) The Eleven Authorized Watershed Improvement Programs and

Emergency Flood Prevention Measures Program under the Flood Control Act

(33 U.S.C. 701b-1); and

(3) The Small Watershed Protection Program under the Pilot

Watershed Protection and Watershed Protection and Flood Prevention Acts

(7 U.S.C. 701a-h; 16 U.S.C. 1001-1009); and

(B) Exercise responsibility in connection with the forestry aspects

of the Resource Conservation and Development Program authorized by

title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(e)).

(xxiv) Provide assistance to the Farm Service Agency in connection

with the Agricultural Conservation Program, the Naval Stores

Conservation Program, and the Cropland Conversion Program (16 U.S.C.

590g-q).

(xxv) Provide assistance to the Rural Housing and Community

Development Service in connection with grants and loans under authority

of section 303 of the Consolidated Farm and Rural Development Act, 7

U.S.C. 1923; and consultation with the Department of Housing and Urban

Development under the authority of 40 U.S.C. 461(e).

(xxvi) Coordinate mapping work of USDA including:

(A) Clearing mapping projects to prevent duplication;

(B) Keeping a record of mapping done by USDA agencies;

(C) Preparing and submitting required USDA reports;

(D) Serving as liaison on mapping with the Office of Management and

Budget, Department of Interior, and other departments and

establishments;

(E) Promoting interchange of technical mapping information,

including techniques which may reduce costs or improve quality; and

(F) Maintaining the mapping records formerly maintained by the

Office of Operations.

(xxvii) Administer the radio frequency licensing work of USDA,

including:

(A) Representing USDA on the Interdepartmental Radio Advisory

Committee and its Frequency Assignment Subcommittee of the National

Telecommunications and Information Administration, Department of

Commerce;

(B) Establishing policies, standards, and procedures for allotting

and assigning frequencies within USDA and for obtaining effective

utilization of them;

(C) Providing licensing action necessary to assign radio

frequencies for use by the agencies of USDA and maintenance of the

records necessary in connection therewith;

(D) Providing inspection of USDA's radio operations to ensure

compliance

[[Page 56406]]

with national and international regulations and policies for radio

frequency use; and

(E) Representing USDA in all matters relating to responsibilities

and authorities under the Federal Water Power Act, as amended (16

U.S.C. 791-823).

(xxviii) [Reserved]

(xxix) Administer the Youth Conservation Corps Act (42 U.S.C.

precede 2711 note) for USDA.

(xxx) Establish and operate the Job Corps Civilian Conservation

Centers on National Forest System lands as authorized by title I,

sections 106 and 107 of the Economic Opportunity Act of 1964 (42 U.S.C.

2716-2717), in accordance with the terms of an agreement dated May 11,

1967, between the Secretary of Agriculture and the Secretary of Labor;

and administration of other cooperative manpower training and work

experience programs where the Forest Service serves as host or prime

sponsor with other Departments of Federal, State, or local governments.

(xxxi) Administer the Volunteers in the National Forests Act of

1972 (16 U.S.C. 558a-558d, 558a note).

(xxxii) Exercise the functions of the Secretary of Agriculture

authorized in the Alaska National Interest Lands Conservation Act (16

U.S.C. 3101-3215).

(xxxiii) Exercise the functions of the Secretary as authorized in

the Wild and Scenic Rivers Act (16 U.S.C. 1271-1278).

(xxxiv) Jointly administer gypsy moth eradication activities with

the Assistant Secretary for Marketing and Regulatory Programs, under

the authority of section 102 of the Organic Act of 1944, as amended;

and the Act of April 6, 1937, as amended (7 U.S.C. 147a, 148, 148a-

148e); and the Talmadge Aiken Act (7 U.S.C. 450), by assuming primary

responsibility for treating isolated gypsy moth infestations on Federal

lands, and on State and private lands contiguous to infested Federal

lands, and any other infestations over 640 acres on State and private

lands.

(xxxv) Exercise the functions of the Secretary authorized in the

Federal Onshore Oil and Gas Leasing Reform Act of 1987 (30 U.S.C. 226

et seq.).

(xxxvi) Administer the Public Lands Corps program (16 U.S.C. 1721

et seq.) for USDA consistent with the Department's overall national

service program.

(xxxvii) Jointly administer the Forestry Incentives Program with

the Natural Resources Conservation Service, in consultation with State

Foresters, under section 4 of the Cooperative Forestry Assistance Act

of 1978 (16 U.S.C. 2103).

(xxxviii) Focusing on countries that could have a substantial

impact on global warming, provide assistance that promotes sustainable

development and global environmental stability; share technical,

managerial, extension, and administrative skills; provide education and

training opportunities; engage in scientific exchange; and cooperate

with domestic and international organizations that further

international programs for the management and protection of forests,

rangelands, wildlife, fisheries and related natural resources (16

U.S.C. 4501-4505).

(3) Related to natural resources conservation. (i) Provide national

leadership in the conservation, development and productive use of the

Nation's soil, water, and related resources. Such leadership

encompasses soil, water, plant, and wildlife conservation; small

watershed protection and flood prevention; and resource conservation

and development. Integrated in these programs are erosion control,

sediment reduction, pollution abatement, land use planning, multiple

use, improvement of water quality, and several surveying and monitoring

activities related to environmental improvement. All are designed to

assure:

(A) Quality in the natural resource base for sustained use;

(B) Quality in the environment to provide attractive, convenient,

and satisfying places to live, work, and play; and

(C) Quality in the standard of living based on community

improvement and adequate income.

(ii) Provide national leadership in and evaluate and coordinate

land use policy, and administer the Farmland Protection Policy Act (7

U.S.C. 4201 et seq.), including the Farms for the Future Program

authorized by sections 1465-1470 of the Food, Agriculture,

Conservation, and Trade Act of 1990, as amended (7 U.S.C. 4201 note),

except as otherwise delegated to the Under Secretary for Research,

Education, and Economics in Sec. 2.21(a)(1)(lxii).

(iii) Administer the basic program of soil and water conservation

under Pub. L. No. 46, 74th Congress, as amended, and related laws (16

U.S.C. 590 a-f, i-l, q, q-1; 42 U.S.C. 3271-3274; 7 U.S.C. 2201),

including:

(A) Technical and financial assistance to land users in carrying

out locally adapted soil and water conservation programs primarily

through soil and water conservation districts in the several States,

the District of Columbia, the Commonwealth of Puerto Rico, and the

Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the

Virgin Islands, and Federally recognized Native American tribes, but

also to communities, watershed groups, Federal and State agencies, and

other cooperators. This authority includes such assistance as:

(1) Comprehensive planning assistance in nonmetropolitan districts;

(2) Assistance in the field of income-producing recreation on rural

non-Federal lands;

(3) Forestry assistance, as part of total technical assistance to

private land owners and land users when such services are an integral

part of land management and such services are not available from a

State agency; and forestry services in connection with windbreaks and

shelter belts to prevent wind and water erosion of lands;

(4) Assistance in developing programs relating to natural beauty;

and

(5) Assistance to other USDA agencies in connection with the

administration of their programs, as follows:

(i) To the Farm Service Agency in the development and technical

servicing of certain programs, such as the Agricultural Conservation

Program and other such similar conservation programs;

(ii) To the Rural Housing and Community Development Service in

connection with their loan and land disposition programs;

(B) Soil Surveys, including:

(1) Providing leadership for the Federal part of the National

Cooperative Soil Survey which includes conducting and publishing soil

surveys;

(2) Conducting soil surveys for resource planning and development;

and

(3) Performing the cartographic services essential to carrying out

the functions of the Natural Resources Conservation Service, including

furnishing photographs, mosaics, and maps;

(C) Conducting and coordinating snow surveys and making water

supply forecasts pursuant to Reorganization Plan No. IV of 1940 (5

U.S.C. App.);

(D) Operating plant materials centers for the assembly and testing

of plant species in conservation programs, including the use,

administration, and disposition of lands under the administration of

the Natural Resources Conservation Service for such purposes under

title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1011);

and

(E) Providing leadership in the inventorying and monitoring of

soil, water, land, and related resources of the Nation.

[[Page 56407]]

(iv) Administer the Watershed Protection and Flood Prevention

Programs, including:

(A) The eleven authorized watershed projects authorized under 33

U.S.C. 702b-1;

(B) The emergency flood control work under 33 U.S.C. 701b-1;

(C) The Cooperative River Basin Surveys and Investigations Programs

under 16 U.S.C. 1006;

(D) The pilot watershed projects under 16 U.S.C. 590 a-f and 16

U.S.C. 1001-1009;

(E) The Watershed Protection and Flood Prevention Program under 16

U.S.C. 1001-1009, except for responsibilities assigned to the Under

Secretary for Rural Economic and Community Development;

(F) The joint investigations and surveys with the Department of the

Army under 16 U.S.C. 1009; and

(G) The Emergency Conservation Program under sections 401-405 of

the Agricultural Credit Act of 1978 (the Act), 16 U.S.C. 2201 et seq.,

except for the provisions of sections 401 and 402 of the Act, 16 U.S.C.

2201-2202, as administered by the Under Secretary for Farm and Foreign

Agricultural Services.

(v) Administer the Great Plains Conservation Program and the

Critical Lands Resources Conservation Program under 16 U.S.C. 590p(b),

590q and 590q-3.

(vi) Administer the Resource Conservation and Development Program

under 16 U.S.C. 590 a-f; 7 U.S.C. 1010-1011; and 16 U.S.C. 3451-3461,

except for responsibilities assigned to the Under Secretary for Rural

Economic and Community Development.

(vii) Responsibility for entering into long-term contracts for

carrying out conservation and environmental measures in watershed

areas.

(viii) Provide national leadership for and administer the Soil and

Water Resources Conservation Act of 1977 (16 U.S.C. 2001 et seq.).

(ix) Administer the Rural Clean Water Program and other

responsibilities assigned under section 35 of the Clean Water Act of

1977 (33 U.S.C. 1251 et seq.).

(x) Monitor actions and progress of USDA in complying with

Executive Order 11988, Flood Plain Management, 3 CFR, 1977 Comp., p.

117, and Executive Order 11990, Protection of Wetlands, 3 CFR, 1977

Comp., p. 121, regarding management of floodplains and protection of

wetlands; monitor USDA efforts on protection of important agricultural,

forest and rangelands; and provide staff assistance to the USDA Natural

Resources and Environment Committee.

(xi) Administer the search and rescue operations authorized under 7

U.S.C. 2273.

(xxii) Administer section 202(c) of the Colorado River Basin

Salinity Control Act, 43 U.S.C. 1592(c), including:

(A) Identify salt source areas and determine the salt load

resulting from irrigation and watershed management practices;

(B) Conduct salinity control studies of irrigated salt source

areas;

(C) Provide technical and financial assistance in the

implementation of salinity control projects including the development

of salinity control plans, technical services for application, and

certification of practice applications;

(D) Develop plans for implementing measures that will reduce the

salt load of the Colorado River;

(E) Develop and implement long-term monitoring and evaluation plans

to measure and report progress and accomplishments in achieving program

objectives; and

(F) Enter into and administer contracts with program participants

and waive cost-sharing requirements when such cost-sharing requirements

would result in a failure to proceed with needed on-farm measures.

(xiii) Administer natural resources conservation authorities under

title XII of the Food Security Act of 1985 (Act), as amended (16 U.S.C.

3801 et seq.), including responsibilities for:

(A) The conservation of highly erodible lands and wetlands pursuant

to sections 1211-1223 of the Act (16 U.S.C. 3811-3823);

(B) Technical assistance related to soil and water conservation

technology for the implementation and administration of the

Conservation Reserve Program authorized by sections 1231-1244 of the

Act, as amended (16 U.S.C. 3831-3844);

(C) The Environmental Easement Program authorized by sections 1239-

1239d of the Act (16 U.S.C. 3839-3839d);

(D) The Agricultural Water Quality Improvement Program authorized

by sections 1238-1238f of the Act, as amended (16 U.S.C. 3838-3838f);

and

(E) The Wetland Reserve Program and the Emergency Wetlands Reserve

Program authorized by sections 1237-1237f of the Act, as amended (16

U.S.C. 3837-3837f), and the Emergency Supplemental Appropriations for

Relief From the Major, Widespread Flooding in the Midwest Act of 1993,

Pub. L. No. 103-75.

(xiv) Approve and transmit to the Congress comprehensive river

basin reports.

(xv) Provide representation on the Water Resources Council and

river basin commissions created by 42 U.S.C. 1962, and on river basin

interagency committees.

(xvi) Jointly administer the Forestry Incentives Program with the

Forest Service, in consultation with State Foresters, under section 4

of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103).

(xvii) Administer the Water Bank Program under the Water Bank Act

(16 U.S.C. 1301 et seq.).

(xviii) Administer water quality activities under the Agriculture

and Water Policy Coordination Act, subtitle G, title XIV of the Food,

Agriculture, Conservation, and Trade Act of 1990, as amended (7 U.S.C.

5501-5505).

(xix) Administer the Rural Environmental Conservation Program

authorized by sections 1001-1010 of the Agriculture Act of 1970, as

amended (16 U.S.C. 1501-1510).

(xx) Coordinate USDA input and assistance to the Department of

Commerce and other Federal agencies consistent with section 307 of the

Coastal Zone Management Act of 1972 (16 U.S.C. 1456), and coordinate

USDA review of qualifying state and local government coastal management

plans or programs prepared under such Act and submitted to the

Secretary of Commerce, consistent with section 306(a) and (c) of such

Act (16 U.S.C. 1455(a) and (c)).

(4) Related to committee management. Establish and reestablish

regional, state, and local advisory committees for activities under his

or her authority. This authority may not be redelegated.

(5) Related to defense and emergency preparedness. Administer

responsibilities and functions assigned under the Defense Production

Act of 1950, as amended (50 U.S.C. App. 2061 et seq.) and title VI of

the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42

U.S.C. 5195 et seq.), relating to agricultural land and water, forests

and forest products, rural fire defense, and forestry research.

(6) Related to surface mining control and reclamation. Administer

responsibilities and functions assigned to the Secretary of Agriculture

under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.

1201 et seq.).

(7) Related to environmental response. (i) With respect to land and

facilities under his or her authority, to exercise the functions

delegated to the Secretary by Executive Order 12580, 3 CFR, 1987 Comp.,

p. 193, and Executive Order 12777, 3 CFR, 1991 Comp., p. 351, to act as

Federal trustee for natural resources in accordance with section

[[Page 56408]]

107(f) of the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 (42 U.S.C. 9607(f)), section 311(f)(5) of the

Federal Water Pollution Control Act (33 U.S.C. 1321(f)(5)), and section

1006(b)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 2706(b)(2)).

(ii) With respect to land and facilities under his or her

authority, to exercise the functions delegated to the Secretary by

Executive Order 12580, 3 CFR, 1987 Comp., p. 193, under the following

provisions of the Comprehensive Environmental Response, Compensation,

and Liability Act of 1980 (``the Act''), as amended:

(A) Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a),

(b), and (c)(4)), with respect to removal and remedial actions in the

event of release or threatened release of a hazardous substance,

pollutant, or contaminant into the environment;

(B) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with

respect to information gathering and access requests and orders;

compliance orders; compliance with Federal health and safety standards

and wage and labor standards applicable to covered work; and emergency

procurement powers;

(C) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with

respect to the reduction of exposure to significant risk to human

health;

(D) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to

the acquisition of real property and interests in real property

required to conduct a remedial action;

(E) The first two sentences of section 105(d) of the Act (42 U.S.C.

9605(d)), with respect to petitions for preliminary assessment of a

release or threatened release;

(F) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to

consideration of the availability of qualified minority firms in

awarding contracts, but excluding that portion of section 105(f) of the

Act pertaining to the annual report to Congress;

(G) Section 109 of the Act (42 U.S.C. 9609), with respect to the

assessment of civil penalties for violations of section 122 of the Act

(42 U.S.C. 9622), and the granting of awards to individuals providing

information;

(H) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect to

the designation of officials who may obligate money in the Hazardous

Substances Superfund;

(I) Section 113(g) of the Act (42 U.S.C. 9613(g)), with respect to

receiving notification of a natural resource trustee's intent to file

suit;

(J) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to

establishing an administrative record upon which to base the selection

of a response action and identifying and notifying potentially

responsible parties;

(K) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to

preliminary assessment and site inspection of facilities;

(L) Section 117(a) and (c) of the Act (42 U.S.C. 9617(a) and (c)),

with respect to public participation in the preparation of any plan for

remedial action and explanation of variances from the final remedial

action plan for any remedial action or enforcement action, including

any settlement or consent decree entered into;

(M) Section 119 of the Act (42 U.S.C. 9619), with respect to

indemnifying response action contractors;

(N) Section 121 of the Act (42 U.S.C. 9621), with respect to

cleanup standards; and

(O) Section 122 of the Act (42 U.S.C. 9622), with respect to

settlements, but excluding section 122(b)(1) of the Act (42 U.S.C.

9622(b)(1)), relating to mixed funding agreements.

(iii) With respect to land and facilities under his or her

authority, to exercise the authority vested in the Secretary of

Agriculture to act as the ``Federal Land Manager'' pursuant to the

Clean Air Act, as amended (42 U.S.C. 7401 et seq.).

(8) Related to compliance with environmental laws. With respect to

facilities and activities under his or her authority, to exercise the

authority of the Secretary of Agriculture pursuant to section 1-102

related to compliance with applicable pollution control standards and

section 1-601 of Executive Order 12088, 3 CFR, 1978 Comp., p. 243, to

enter into an inter-agency agreement with the United States

Environmental Protection Agency, or an administrative consent order or

a consent judgment in an appropriate United States District Court with

an appropriate State, interstate, or local agency, containing a plan

and schedule to achieve and maintain compliance with applicable

pollution control standards established pursuant to the following:

(i) Solid Waste Disposal Act, as amended by the Resource

Conservation and Recovery Act, the Hazardous and Solid Waste

Amendments, and the Federal Facility Compliance Act (42 U.S.C. 6901 et

seq.);

(ii) Federal Water Pollution Prevention and Control Act, as amended

(33 U.S.C. 1251 et seq.);

(iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.);

(iv) Clean Air Act, as amended (42 U.S.C. 7401 et seq.);

(v) Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq.);

(vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601 et

seq.);

(vii) Federal Insecticide, Fungicide, and Rodenticide Act, as

amended (7 U.S.C. 136 et seq.); and

(viii) Comprehensive Environmental Response, Compensation, and

Liability Act of 1980, as amended by the Superfund Amendments and

Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.).

(b) The following authorities are reserved to the Secretary of

Agriculture:

(1) Related to natural resource conservation. Designation of new

project areas in which the resource conservation and development

program assistance will be provided.

(2) [Reserved]

Sec. 2.21 Under Secretary for Research, Education, and Economics.

(a) The following delegations of authority are made by the

Secretary of Agriculture to the Under Secretary for Research,

Education, and Economics.

(1) Related to science and education. (i) Direct, coordinate and

provide national leadership and support for research, extension and

teaching programs in the food and agricultural sciences to meet major

needs and challenges in development of new food and fiber; food and

agriculture viability and competitiveness in the global economy;

enhancing economic opportunities and quality of life for rural America;

food and agricultural system productivity and development of new crops

and new uses; the environment and natural resources; or the promotion

of human health and welfare pursuant to the National Agricultural

Research, Extension, and Teaching Policy of 1977, as amended (7 U.S.C.

3101 et seq.).

(ii) Provide national leadership and support for research,

extension, and teaching programs in the food and agricultural sciences

to carry out sustainable agriculture research and education; a National

Plant Genetic Resources Program; a national agricultural weather

information system; research regarding the production, preparation,

processing, handling, and storage of agricultural products; a Plant and

Animal Pest and Disease Control Program; and any other provisions

pursuant to title XVI of the Food, Agriculture, Conservation, and Trade

Act of 1990 (Pub. L. No. 101-624, 104 Stat. 3703), except the

provisions relating to the USDA Graduate School in section 1669 and the

provisions relating

[[Page 56409]]

to alternative agricultural research and commercialization under

sections 1657-1664 (7 U.S.C. 5801 et seq.).

(iii) Coordinate USDA policy and conduct programs relative to the

Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7

U.S.C. 136 et seq.) and coordinate the Department's Integrated Pest

Management Programs and the Pesticide Assessment Program (7 U.S.C. 136-

136y).

(iv) Carry out research, technology development, technology

transfer, and demonstration projects related to the economic

feasibility of the manufacture and commercialization of natural rubber

from plants containing hydrocarbons (7 U.S.C. 178-178n).

(v) Conduct research on the control of undesirable species of honey

bees in cooperation with specific foreign governments (7 U.S.C. 284).

(vi) Administer the appropriation for the endowment and maintenance

of colleges for the benefit of agriculture and the mechanical arts (7

U.S.C. 321-326a).

(vii) Administer teaching funds authorized by section 22 of the

Bankhead Jones Act, as amended (7 U.S.C. 329).

(viii) Administer a Cooperative Agricultural Extension Program in

accordance with the Smith-Lever Act, as amended (7 U.S.C. 341-349).

(ix) Cooperate with the States for the purpose of encouraging and

assisting them in carrying out research related to the problems of

agriculture in its broadest aspects under the Hatch Act, as amended (7

U.S.C. 361a-361i).

(x) Support agricultural research at eligible institutions in the

States through the provision of Federal-grant funds to help finance

physical research facilities (7 U.S.C. 390-390k).

(xi) Conduct research concerning domestic animals and poultry,

their protection and use, the causes of contagious, infectious, and

communicable diseases, and the means for the prevention and cure of the

same (7 U.S.C. 391).

(xii) Conduct research related to the dairy industry and to the

dissemination of information for the promotion of the dairy industry (7

U.S.C. 402).

(xiii) Conduct research and demonstrations at Mandan, ND, related

to dairy livestock breeding, growing, and feeding, and other problems

pertaining to the establishment of the dairy and livestock industries

(7 U.S.C. 421-422).

(xiv) Conduct research on new uses for cotton and on cotton ginning

and processing (7 U.S.C. 423-424).

(xv) Administer and conduct research into the basic problems of

agriculture in its broadest aspects, including, but not limited to,

production, marketing (other than statistical and economic research but

including research related to family use of resources), distribution,

processing, and utilization of plant and animal commodities; problems

of human nutrition; development of markets for agricultural

commodities; discovery, introduction, and breeding of new crops,

plants, and animals, both foreign and native; conservation development;

and development of efficient use of farm buildings, homes, and farm

machinery except as otherwise delegated in Sec. 2.22(a)(1)(ii) and

Sec. 2.79(a)(2) (7 U.S.C. 427, 1621-1627, 1629, 2201, and 2204).

(xvi) Conduct research on varietal improvement of wheat and feed

grains to enhance their conservation and environmental qualities (7

U.S.C. 428b).

(xvii) Advance the livestock and agricultural interests of the

United States, including the breeding of horses suited to the needs of

the United States (7 U.S.C. 437).

(xviii) Enter into agreements with and receive funds from any

State, other political subdivision, organization, or individual for the

purpose of conducting cooperative research projects (7 U.S.C. 450a).

(xix) Carry out a program (IR-4 Program) for the collection of

residue and efficacy data in support of minor use pesticide

registration or reregistration and to determine tolerances for minor

use chemical residues in or on agricultural commodities (7 U.S.C.

450i).

(xx) Administer and direct a program of competitive and special

grants to State agricultural experiment stations, colleges and

universities, other research institutions and organizations, Federal

agencies, private organizations or corporations, and individuals and of

facilities grants to State agricultural experiment stations and

designated colleges and universities to promote research in food,

agriculture and related areas (7 U.S.C. 450i).

(xxi) Provide resource information concerning rural electric and

telephone use and rural development efforts (7 U.S.C. 917).

(xxii) Act as a catalyst to provide access to leadership training

and services programs encompassing private, public, business, and

government entities (7 U.S.C. 950aa-1).

(xxiii) Conduct research related to soil and water conservation,

engineering operations, and methods of cultivation to provide for the

control and prevention of soil erosion (7 U.S.C. 1010 and 16 U.S.C.

590a).

(xxiv) Maintain four regional research laboratories and conduct

research at such laboratories to develop new scientific, chemical, and

technical uses and new and extended markets and outlets for farm

commodities and products and the byproducts thereof (7 U.S.C. 1292).

(xxv) Conduct a Special Cotton Research Program designed to reduce

the cost of producing upland cotton in the United States (7 U.S.C. 1441

note).

(xxvi) Conduct a research and development program to formulate new

uses for farm and forest products (7 U.S.C. 1632(b)).

(xxvii) Conduct research to develop and determine methods for the

humane slaughter of livestock (7 U.S.C. 1904).

(xxviii) Administer a competitive grant program for non- profit

institutions to establish and operate centers for rural technology or

cooperative development (7 U.S.C. 1932(f)).

(xxix) Administer a Nutrition Education Program for Food Stamp

recipients and for the distribution of commodities on reservations (7

U.S.C. 2020(f)).

(xxx) Conduct education and extension programs and a pilot project

related to nutrition education (7 U.S.C. 2027(a) and 5932).

(xxxi) Provide for the dissemination of appropriate rural health

and safety information resources possessed by the Rural Information

Center, in cooperation with State educational program efforts (7 U.S.C.

2662).

(xxxii) Develop and maintain national and international library and

information systems and networks and facilitate cooperation and

coordination of the agricultural libraries of colleges, universities,

USDA, and their closely allied information gathering and dissemination

units in conjunction with private industry and other research libraries

(7 U.S.C. 2201, 2204, 3125a, and 3126).

(xxxiii) Accept gifts and order disbursements from the Treasury for

carrying out of National Agricultural Library (NAL) functions (7 U.S.C.

2264-2265).

(xxxiv) Propagate bee-breeding stock and release bee germplasm to

the public (7 U.S.C. 283).

(xxxv) Administer, in cooperation with the States, a Cooperative

Rural Development and Small Farm Research and Extension Program under

the Rural Development Act of 1972, as amended (7 U.S.C. 2661-2667).

(xxxvi) Administer a cooperative extension program under the

Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3004).

[[Page 56410]]

(xxxvii) Coordinate the development and carrying out by Department

agencies of all matters and functions pertaining to agricultural

research conducted or funded by the Department involving biotechnology,

including the development and implementation of guidelines for

oversight of research activities, acting as liaison on all matters and

functions pertaining to agricultural research in biotechnology between

agencies within the Department and between the Department and other

governmental, educational, or private organizations and carrying out

any other activities authorized by (7 U.S.C. 3121).

(xxxviii) Establish a Joint Council on Food and Agricultural

Sciences to bring about more effective research, extension, and

teaching in the food and agricultural sciences (7 U.S.C. 3122).

(xxxix) Establish and oversee the National Agricultural Research

and Extension Users Advisory Board and the Agricultural Science and

Technology Review Board (7 U.S.C. 3123 and 3123A).

(xl) Provide and distribute information and data about Federal,

State, local, and other Rural Development Assistance Programs and

services available to individuals and organizations. To the extent

possible, NAL shall use telecommunications technology to disseminate

such information to rural areas (7 U.S.C. 3125b).

(xli) Assemble and collect food and nutrition educational material,

including the results of nutrition research, training methods,

procedures, and other materials related to the purposes of the National

Agricultural Research, Extension, and Teaching Policy Act of 1977, as

amended; maintain such information; and provide for the dissemination

of such information and materials on a regular basis to State

educational agencies and other interested parties (7 U.S.C. 3126).

(xlii) Conduct programs related to composting research and

extension (7 U.S.C. 3130).

(xliii) Conduct a program of grants to States to expand, renovate,

or improve schools of veterinary medicine (7 U.S.C. 3151).

(xliv) Formulate and administer higher education programs in the

food and agricultural sciences and administer grants to colleges and

universities (7 U.S.C. 3152).

(xlv) Administer the National Food and Agricultural Sciences

Teaching Awards Program for recognition of educators in the food and

agricultural sciences (7 U.S.C. 3152).

(xlvi) Administer the National Agricultural Science Award for

research or advanced studies in the food and agricultural sciences (7

U.S.C. 3153).

(xlvii) Administer grants to colleges, universities, and Federal

laboratories for research on the production and marketing of alcohols

and industrial hydrocarbons from agricultural commodities and forest

products (7 U.S.C. 3154).

(xlviii) Establish a national food science and research center for

the Southeast Region of the United States and administer a National

Food and Human Nutrition Research and Extension Program under the

National Agricultural Research, Extension, and Teaching Policy Act of

1977, as amended (7 U.S.C. 3171-3175).

(xlix) Administer and direct an Animal Health and Disease Research

Program under the National Agricultural Research, Extension, and

Teaching Policy Act of 1977, as amended (7 U.S.C. 3191-3201).

(l) Support continuing agricultural and forestry extension and

research, resident instruction, and facilities improvement at 1890

land-grant colleges, including Tuskegee University, and administer a

grant program for five National Research and Training Centennial

Centers (7 U.S.C. 3221, 3222, and 3222a-3222c).

(li) Support agricultural research at the 1890 land-grant colleges,

including Tuskegee University, through Federal-grant funds to help

finance physical facilities (7 U.S.C. 3223).

(lii) Make grants, under such terms and conditions as the Under

Secretary determines, to eligible institutions for the purpose of

assisting such institutions in the purchase of equipment and land, and

the planning, construction, alteration, or renovation of buildings, to

provide adequate facilities to conduct extension work, and issue rules

and regulations as necessary to carry out this authority (7 U.S.C.

3224).

(liii) Provide policy direction and coordinate the Department's

work with national and international institutions and other persons

throughout the world in the performance of agricultural science,

education and development activities (7 U.S.C. 3291).

(liv) Administer grants to States in support of the establishment

and operation of International Trade Development Centers (7 U.S.C.

3292).

(lv) Conduct program evaluations to improve the administration and

effectiveness of agricultural research, extension, and teaching

programs (7 U.S.C. 3317).

(lvi) Enter into contracts, grants, or cooperative agreements to

further research, extension, or teaching programs in the food and

agriculture sciences (7 U.S.C. 3318).

(lvii) Enter into cost-reimbursable agreements with State

cooperative institutions for the acquisition of goods or services in

support of research, extension, or teaching activities in the food and

agricultural sciences, including the furtherance of library and related

information programs (7 U.S.C. 3319a).

(lviii) Conduct research and develop and implement a pilot project

program for the development of supplemental and alternative crops (7

U.S.C. 3319d).

(lix) Administer an Aquaculture Assistance Program, involving

centers, by making grants to eligible institutions for research and

extension to facilitate or expand production and marketing of

aquacultural food species and products; making grants to States to

formulate aquaculture development plans for the production and

marketing of aquacultural species and products; conducting a program of

research, extension and demonstration at aquacultural demonstration

centers; and making grants to aquaculture research facilities to do

research on intensive water recirculating systems (7 U.S.C. 3321-3323).

(lx) Administer a Cooperative Rangeland Research Program (7 U.S.C.

3331-3336).

(lxi) Conduct a program of basic research on cancer in animals and

birds (7 U.S.C. 3902).

(lxii) Design and implement educational programs and distribute

materials in cooperation with the cooperative extension services of the

States emphasizing the importance of productive farmland, and designate

a farmland information center, pursuant to section 1544 of the Farmland

Protection Policy Act (7 U.S.C. 4205).

(lxiii) Conduct programs of education, extension, and research

related to water quality, agrichemicals and nutrient management (7

U.S.C. 5503-5506).

(lxiv) Administer programs and conduct projects for research,

extension, and education on sustainable agriculture (7 U.S.C. 5811-

5813).

(lxv) Conduct research and cooperative extension programs to

optimize crop and livestock production potential, integrated resource

management, and integrated crop management (7 U.S.C. 5821).

(lxvi) Design, implement, and develop handbooks, technical guides,

and other educational materials emphasizing sustainable agriculture

production systems and practices (7 U.S.C. 5831).

(lxvii) Administer a competitive grant program to organizations to

carry out a

[[Page 56411]]

training program on sustainable agriculture (7 U.S.C. 5832).

(lxviii) Administer a national research program on genetic

resources to provide for the collection, preservation, and

dissemination of genetic material important to American food and

agriculture production (7 U.S.C. 5841-5844).

(lxix) Conduct remote-sensing and other weather-related research (7

U.S.C. 5852).

(lxx) Establish an Agricultural Weather Office and administer a

national agricultural weather information system, including a

competitive grants program for research in atmospheric sciences and

climatology (7 U.S.C. 5852-5853).

(lxxi) Administer a research and extension grant program to States

to administer programs for State agricultural weather information

systems (7 U.S.C. 5854).

(lxxii) Administer grants and conduct research programs to measure

microbiological and chemical agents associated with the production,

preparation, processing, handling, and storage of agricultural products

(7 U.S.C. 5871-5874).

(lxxiii) Administer and conduct research and extension programs on

integrated pest management, including research to benefit floriculture

(7 U.S.C. 5881).

(lxxiv) Establish a National Pesticide Resistance Monitoring

Program and disseminate information on materials and methods of pest

and disease control available to agricultural producers through the

pest and disease control database (7 U.S.C. 5882).

(lxxv) Administer and conduct research and grant programs on the

control and eradication of exotic pests (7 U.S.C. 5883).

(lxxvi) Conduct research and educational programs to study the

biology and behavior of chinch bugs (7 U.S.C. 5884).

(lxxvii) Administer research programs and grants for risk

assessment research to address concerns about the environmental effects

of biotechnology (7 U.S.C. 5921).

(lxxviii) Administer a special grants program to assist efforts by

research institutions to improve the efficiency and efficacy of safety

and inspection systems for livestock products (7 U.S.C. 5923).

(lxxix) Establish and coordinate USDA grant programs and conduct

basic and applied research and technology development in the areas of

plant genome structure and function (7 U.S.C. 5924).

(lxxx) Administer research and extension grants for the development

of agricultural production and marketing systems to service niche

markets (7 U.S.C. 5925).

(lxxxi) Administer a grants program to States on immunoassay as it

is used to detect agricultural pesticide residues on agricultural

commodities and to diagnose plant and animal diseases (7 U.S.C. 5925).

(lxxxii) Conduct research programs for the development of

technology to determine animal lean content (7 U.S.C. 5925).

(lxxxiii) Conduct and support research programs to determine the

presence of aflatoxin in the food and feed chains (7 U.S.C. 5925).

(lxxxiv) Administer grants and conduct research programs to develop

production methods and commercial uses for mesquite (7 U.S.C. 5925).

(lxxxv) Administer grants and conduct research programs to

investigate enhanced genetic selection and processing techniques of

prickly pears (7 U.S.C. 5925).

(lxxxvi) Conduct a research program and administer grants and

contracts for research on the disease of scrapie in sheep and goats (7

U.S.C. 5925).

(lxxxvii) Support and conduct basic and applied research in the

development of new commercial products from natural plant materials for

industrial, medical, and agricultural applications (7 U.S.C. 5925).

(lxxxviii) Establish and administer a program for the development

and utilization of an agricultural communications network (7 U.S.C.

5926).

(lxxxix) Establish an Agricultural Research Facilities Planning and

Closure Study Commission to review currently operating and planned

facilities, and to develop recommendations (7 U.S.C. 5927).

(xc) Administer research programs to establish national centers for

agricultural product quality research (7 U.S.C. 5928).

(xci) Administer education programs on Indian reservations and

tribal jurisdictions (7 U.S.C. 5930).

(xcii) Administer a special grants program to study constraints on

agricultural trade (7 U.S.C. 5931).

(xciii) Administer a demonstration grants program for support of an

assistive technology program for farmers with disabilities (7 U.S.C.

5933).

(xciv) Conduct research on diseases affecting honeybees (7 U.S.C.

5934).

(xcv) Control within USDA the acquisition, use, and disposal of

material and equipment that may be a source of ionizing radiation

hazard.

(xcvi) Conduct programs of research, technology development, and

education related to global climate change (7 U.S.C. 6701-6710).

(xcvii) Administer the Small Business Innovation Development Act of

1982 for USDA (15 U.S.C. 638(e)-(k)).

(xcviii) Coordinate Departmental policies under the Toxic Substance

Control Act (15 U.S.C. 2601-2629).

(xcix) Provide educational and technical assistance in implementing

and administering the Conservation Reserve Program authorized in

sections 1231-1244 of the Food Security Act of 1985 (Pub. L. No. 99-

198, 99 Stat. 1509 (16 U.S.C. 3831-3844)).

(c) Enter into cooperative research and development agreements with

industry, universities, and others; institute a cash award program to

reward scientific, engineering, and technical personnel; award

royalties to inventors; and retain and use royalty income (15 U.S.C.

3710a-3710c).

(ci) Coordinate USDA activities delegated under 15 U.S.C. 3710a-

3710c.

(cii) Conduct educational and demonstrational work in Cooperative

Farm Forestry Programs (16 U.S.C. 568).

(ciii) Cooperate with the States for the purposes of encouraging

and assisting them in carrying out programs of forestry, natural

resources, and environmental research (16 U.S.C. 582a-8).

(civ) Establish and administer the Forestry Student Grant Program

to provide competitive grants to assist the expansion of the

professional education of forestry, natural resources, and

environmental scientists (16 U.S.C. 1649).

(cv) Provide for an expanded and comprehensive extension program

for forest and rangeland renewable resources (16 U.S.C. 1671-1676).

(cvi) Provide technical, financial, and educational assistance to

State foresters and State extension directors on rural forestry

assistance (16 U.S.C. 2102).

(cvii) Provide educational assistance to State foresters under the

Forest Stewardship Program (16 U.S.C. 2103a).

(cviii) Implement and conduct an educational program to assist the

development of Urban and Community Forestry Programs (16 U.S.C. 2105).

(cix) Provide staff support to the Secretary of Agriculture in his

or her role as permanent Chair for the Joint Subcommittee on

Aquaculture established by the National Aquaculture Act of 1980 and

coordinate aquacultural activities within the Department (16 U.S.C.

2805).

(cx) Perform research, development, and extension activities in

aquaculture (16 U.S.C. 2804 and 2806).

[[Page 56412]]

(cxi) Provide educational assistance to farmers regarding the

Agricultural Water Quality Protection Program (16 U.S.C. 3838b).

(cxii) Copy and deliver on demand selected articles and other

materials from the Department's collections by photographic

reproduction or other means within the permissions, constraints, and

limitations of sections 106, 107, and 108 of the Copyright Act of

October 19, 1976, (17 U.S.C. 106, 107, and 108).

(cxiii) Authorize the use of the 4-H Club name and emblem (18

U.S.C. 707).

(cxiv) Maintain a National Arboretum for the purposes of research

and education concerning tree and plant life; accept and administer

gifts or devices or real and personal property for the benefit of the

National Arboretum; and order disbursements from the Treasury (20

U.S.C. 191-195).

(cxv) Conduct research on foot-and-mouth disease and other animal

diseases (21 U.S.C. 113a).

(cxvi) Conduct research on the control and eradication of cattle

grubs (screwworms) (21 U.S.C. 114e).

(cxvii) Obtain and furnish Federal excess property to eligible

recipients for use in the conduct of research and extension programs

(40 U.S.C. 483(d)(2)).

(cxviii) Conduct research demonstration and promotion activities

related to farm dwellings and other buildings for the purposes of

reducing costs and adapting and developing fixtures and appurtenances

for more efficient and economical farm use (42 U.S.C. 1476(b)).

(cxix) Carry out research, demonstration, and educational

activities authorized in section 202(c) of the Colorado River Basin

Salinity Control Act (43 U.S.C. 1592(c)).

(cxx) Conduct research on losses of livestock in interstate

commerce due to injury or disease (45 U.S.C. 71 note).

(cxxi) Administer a Cooperative Agricultural Extension Program

related to agriculture, uses of solar energy with respect to

agriculture, and home economics in the District of Columbia (D.C. Code

31-1409).

(cxxii) Provide leadership and direct assistance in planning,

conducting and evaluating extension programs under a memorandum of

agreement with the Bureau of Indian Affairs dated May 1956.

(cxxiii) Exercise the responsibilities of the Secretary under

regulations dealing with Equal Employment Opportunity in the

Cooperative Extension Service (part 18 of this title).

(cxxiv) Represent the Department on the Federal Interagency Council

on Education.

(cxxv) Assure the acquisition, preservation, and accessibility of

all information concerning food and agriculture by providing leadership

to and coordination of the acquisition programs and related activities

of the library and information systems, with the agencies of USDA,

other Federal departments and agencies, State agricultural experiment

stations, colleges and universities, and other research institutions

and organizations.

(cxxvi) Formulate, write, or prescribe bibliographic and

technically related standards for the library and information services

of USDA.

(cxxvii) Determine by survey or other appropriate means, the

information needs of the Department's scientific, professional,

technical, and administrative staffs, its constituencies, and the

general public in the areas of food, agriculture, the environment, and

other related areas.

(cxxviii) Represent the Department on all library and information

science matters before Congressional Committees and appropriate

commissions, and provide representation to the coordinating committees

of the Federal and State governments concerned with library and

information science activities.

(cxxix) Represent the Department in international organizational

activities and on international technical committees concerned with

agricultural science, education, and development activities, including

library and information science activities.

(cxxx) Prepare and disseminate computer files, indexes and

abstracts, bibliographies, reviews, and other analytical information

tools.

(cxxxi) Arrange for the consolidated purchasing and dissemination

of printed and automated indexes, abstracts, journals, and other widely

used information resources and services.

(cxxxii) Provide assistance and support to professional

organizations and others concerned with library and information science

matters and issues.

(cxxxiii) Pursuant to the authority delegated by the Administrator

of General Services to the Secretary of Agriculture in 34 FR 6406, 36

FR 1293, 36 FR 18440, and 38 FR 23838, appoint uniformed armed guards

and special policemen, make all needful rules and regulations, and

annex to such rules and regulations such reasonable penalties (not to

exceed those prescribed in 40 U.S.C. 318(c), as will ensure their

enforcement, for the protection of persons, property, buildings, and

grounds of the Arboretum, Washington, DC; the U.S. Meat Animal Research

Center, Clay Center, NE; the Agricultural Research Center, Beltsville,

MD; and the Animal Disease Center, Plum Island, NY, over which the

United States has exclusive or concurrent criminal jurisdiction, in

accordance with the limitations and requirements of the Federal

Property and Administrative Services Act of 1949, as amended (40 U.S.C.

471 et seq.), the Act of June 1, 1948, as amended (40 U.S.C. 318 et

seq.), and the policies, procedures, and controls prescribed by the

General Services Administration. Any rules or regulations promulgated

under this authority shall be approved by the Director, Office of

Operations, and the General Counsel prior to issuance.

(cxxxiv) Represent the Department on the Federal Coordinating

Council for Science, Engineering, and Technology.

(cxxxv) Administer the Department's Patent Program except as

delegated to the General Counsel in Sec. 2.31(e).

(cxxxvi) Review cooperative research and development agreements

entered into pursuant to 15 U.S.C. 3710a-3710c, with authority to

disapprove or require the modification of any such agreement.

(2) Related to committee management. Establish or reestablish

regional, state and local advisory committees for the activities

authorized. This authority may not be redelegated.

(3) Related to defense and emergency preparedness. Administer the

responsibilities and functions assigned under the Defense Production

Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), and title VI of

the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42

U.S.C. 5195 et seq.), concerning scientific and educational programs;

estimates of supplies of agricultural commodities and evaluation of

requirements therefor; coordination of damage assessment; food and

agricultural aspects of economic stabilization, economic research, and

agricultural statistics; and the coordination of energy programs.

(4) Related to rural development activities. Provide guidance and

direction for the accomplishment of activities authorized under the

Rural Development Act of 1972, as amended (7 U.S.C. 1921 et seq.), for

programs under the control of the Under Secretary for Research,

Education, and Economics, coordinating the policy aspects thereof with

the Under Secretary for Rural Economic and Community Development.

(5) Related to environmental response. With respect to land and

facilities under his or her authority,

[[Page 56413]]

exercise the functions delegated to the Secretary by Executive Order

12580, 3 CFR, 1987 Comp., p. 193, under the following provisions of the

Comprehensive Environmental Response, Compensation, and Liability Act

of 1980 (``the Act''), as amended:

(i) Sections 104 (a), (b), and (c)(4) of the Act (42 U.S.C. 9604

(a), (b), and (c)(4)), with respect to removal and remedial actions in

the event of release or threatened release of a hazardous substance,

pollutant, or contaminant into the environment;

(ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with

respect to information gathering and access requests and orders;

compliance with Federal health and safety standards and wage and labor

standards applicable to covered work; and emergency procurement powers;

(iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with

respect to the reduction of exposure to significant risk to human

health;

(iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to

the acquisition of real property and interests in real property

required to conduct a remedial action;

(v) The first two sentences of section 105(d) of the Act (42 U.S.C.

9605(d)), with respect to petitions for preliminary assessment of a

release or threatened release;

(vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to

consideration of the availability of qualified minority firms in

awarding contracts, but excluding that portion of section 105(f)

pertaining to the annual report to Congress;

(vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the

assessment of civil penalties for violations of section 122 of the Act

(42 U.S.C. 9622), and the granting of awards to individuals providing

information;

(viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect

to the designation of officials who may obligate money in the Hazardous

Substances Superfund;

(ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to

establishing an administrative record upon which to base the selection

of a response action and identifying and notifying potentially

responsible parties;

(x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to

preliminary assessment and site inspection of facilities;

(xi) Sections 117 (a) and (c) of the Act (42 U.S.C. 9617 (a) and

(c)), with respect to public participation in the preparation of any

plan for remedial action and explanation of variances from the final

remedial action plan for any remedial action or enforcement action,

including any settlement or consent decree entered into;

(xii) Section 119 of the Act (42 U.S.C. 9119), with respect to

indemnifying response action contractors;

(xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to

cleanup standards; and

(xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to

settlements, but excluding section 122(b)(1) of the Act (42 U.S.C.

9622(b)(1)), related to mixed funding agreements.

(6) Related to compliance with environmental laws. With respect to

facilities and activities under his or her authority, to exercise the

authority of the Secretary of Agriculture pursuant to section 1-102

related to compliance with applicable pollution control standards and

section 1-601 of Executive Order 12088, 3 CFR, 1978 Comp., p. 243, to

enter into an inter-agency agreement with the United States

Environmental Protection Agency, or an administrative consent order or

a consent judgment in an appropriate State, interstate, or local

agency, containing a plan and schedule to achieve and maintain

compliance with applicable pollution control standards established

pursuant to the following:

(i) Solid Waste Disposal Act, as amended by the Resource

Conservation and Recovery Act, as further amended by the Hazardous and

Solid Waste Amendments, and the Federal Facility Compliance Act (42

U.S.C. 6901 et seq.);

(ii) Federal Water Pollution Prevention and Control Act, as amended

(33 U.S.C. 1251 et seq.);

(iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.);

(iv) Clean Air Act, as amended (42 U.S.C. 7401 et seq.);

(v) Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq.);

(vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601 et

seq.);

(vii) Federal Insecticide, Fungicide, and Rodenticide Act, as

amended (7 U.S.C. 136 et seq.); and

(viii) Comprehensive Environmental Response, Compensation, and

Liability Act of 1980, as amended by the Superfund Amendments and

Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.).

(7) Related to national food and human nutrition research. (i)

Administer a National Food and Human Nutrition Research Program under

the National Agricultural Research, Extension, and Teaching Policy Act

of 1977, as amended. As used herein the term ``research'' includes:

(A) Research on the nutrient composition of foods and the effects

of agricultural practices, handling, food processing, and cooking on

the nutrients they contain;

(B) Surveillance of the nutritional benefits provided to

participants in the food programs administered by the Department; and

(C) Research on the factors affecting food preference and habits (7

U.S.C. 3171-3175, 3177).

(ii) The authority in paragraph (a)(7)(i) of this section includes

the authority to:

(A) Appraise the nutritive content of the U.S. food supply;

(B) Develop and make available data on the nutrient composition of

foods needed by Federal, State, and local agencies administering food

and nutrition programs, and the general public, to improve the

nutritional quality of diets;

(C) Coordinate nutrition education research projects within the

Department; and

(D) Maintain data generated on food composition in a National

Nutrient Data Bank.

(iii) Conduct, in cooperation with the Department of Health and

Human Services, the National Nutrition Monitoring and Related Research

Program. Included in this delegation is the authority to:

(A) Design and carry out periodic nationwide food consumption

surveys to measure household food consumption;

(B) Design and carry out a continuous, longitudinal individual

intake survey of the United States population and special high-risk

groups; and

(C) Design and carry out methodological research studies to develop

improved procedures for collecting household and individual food intake

consumption data;

(iv) Conduct a program of nutrition education research.

(v) Co-chair with the Assistant Secretary for Health, Department of

Health and Human Services, the Interagency Board for Nutrition

Monitoring and Related Research for the development and coordination of

a Ten-Year Comprehensive Plan as required by Pub. L. No. 101-445, 7

U.S.C. 5301 et seq.

(8) Related to economic research and statistical reporting. (i)

Conduct economic research on matters of importance to cooperatives as

authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-

1627).

(ii) Conduct economic and social science research and analyses

relating to:

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(A) food and agriculture situation and outlook;

(B) the production, marketing, and distribution of food and fiber

products (excluding forest and forest products), including studies of

the performance of the food and agricultural sector of the economy in

meeting needs and wants of consumers;

(C) basic and long-range, worldwide, economic analyses and research

on supply, demand, and trade in food and fiber products and the effects

on the U.S. food and agriculture system, including general economic

analyses of the international financial and monetary aspects of

agricultural affairs;

(D) natural resources, including studies of the use and management

of land and water resources, the quality of these resources, resource

institutions, and watershed and river basin development problems; and

(E) rural people and communities, as authorized by title II of the

Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1621-1627),

and the Act of June 29, 1935, as amended (7 U.S.C. 427).

(iii) Perform economic and other social science research under

section 104(b) (1) and (3) of the Agricultural Trade Development and

Assistance Act of 1954, as amended, with funds administered by the

Foreign Agricultural Service (7 U.S.C. 1704).

(iv) Prepare crop and livestock estimates and administer reporting

programs, including estimates of production, supply, price, and other

aspects of the U.S. agricultural economy, collection of statistics,

conduct of enumerative and objective measurement surveys, construction

and maintenance of sampling frames, and related activities. Prepare

reports of the Agricultural Statistics Board of the Department of

Agriculture covering official state and national estimates (7 U.S.C.

411a, 475, 476, 951, and 2204).

(v) Take such security precautions as are necessary to prevent

disclosure of crop or livestock report information prior to the

scheduled issuance time approved in advance by the Secretary of

Agriculture and take such actions as are necessary to avoid disclosure

of confidential data or information supplied by any person, firm,

partnership, corporation, or association (18 U.S.C. 1902, 1903, and

2072).

(vi) Improve statistics in the Department; maintain liaison with

OMB and other Federal agencies for coordination of statistical methods

and techniques.

(vii) Investigate and make findings as to the effect upon the

production of food and upon the agricultural economy of any proposed

action pending before the Administrator of the Environmental Protection

Agency for presentation in the public interest, before said

Administrator, other agencies, or before the courts.

(viii) Review economic data and analyses used in speeches by

Department personnel and in materials prepared for release through the

press, radio, and television.

(ix) Coordinate all economic analysis and review all decisions

involving substantial economic policy implications.

(x) Cooperate and work with national and internat

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