# Revision of Delegations of Authority

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URL: https://www.frixlaw.com/law-library/documents/fr%3A95-27388

## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** November 8, 1995
- **Citation:** 60 FR 56392

## Text

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 Agricul

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A95-27388. Public record. Not legal advice.