Department of Agriculture Organic Act
(The Department of Agriculture
was established by the Act of May 15, 1862,
ch. 72, 12 Stat. 387. This Act was the
source of sections 520, 521, 522, 523,
524, 525, 526, 528, and 529 of the Revised
Statutes approved June 20, 1874, relating
to the establishment and functions of the
Department of Agriculture.)
SEC. 520.(1) There
shall be at the seat of government a Department
of Agriculture, the general design and
duties of which shall be to acquire and
to diffuse among the people of the United
States useful information on subjects connected
with agriculture, rural development,(2) aquaculture, and human nutrition(3) in the most general and comprehensive sense of those
terms and to procure, propagate, and distribute
among the people new and valuable seeds
and plants(4)
SEC. 521.(5) (Repealed)
SEC. 522.(6) (Repealed)
SEC. 523.(7) The
Secretary(8) of Agriculture shall appoint a chief clerk.
SEC. 524.(9) (Repealed)
SEC. 525.(10) The
Secretary(11) of Agriculture shall have charge, in the building
and premises appropriated to the Department,
of the library, furniture, fixtures, records,
and other property appertaining to it,
or hereafter acquired for use in its business.
SEC. 526.(12) (a)
The Secretary(13) of Agriculture shall procure and preserve all information
concerning agriculture, rural development,
aquaculture, and human nutrition(14) which
he can obtain by means of books and correspondence,
and by practical and scientific experiments,
accurate records of which experiments shall
be kept in his office, by the collection
of statistics, and by any other appropriate
means within his power; he shall collect
new and valuable seeds and plants; shall
test, by cultivation, the value of such
of them as may require such tests; shall
propagate such as may be worthy of propagation;
and shall distribute them among agriculturists;
and he shall advise the President, other
members of his cabinet, and the Congress
on policies and programs designed to improve
the quality of life for people living in
the rural and non-metropolitan regions
of the Nation; and
(b)(15) The
Secretary is authorized to initiate or
expand research and development efforts
related to solution of problems of rural
water supply, rural sewage and solid waste
management, rural housing, rural industrialization,
and technology appropriate to small- and
moderate-sized family farming operations,
and any other problem that the Secretary
may determine has an effect upon the economic
development or the quality of life in rural
areas.
SEC. 527.(16) That
purchase and distribution of vegetable,
field, and flower seeds, plants, shrubs,
vines, bulbs and cuttings shall be of the
freshest and best obtainable varieties
and adapted to general cultivation.
SEC. 528.(17) The
Secretary(18) of Agriculture shall annually make a general report
in writing of his acts to the President
in which he may recommend the publication
of papers forming parts of or accompanying
his report.(19) He shall also make special reports on particular subjects
whenever required to do so by the President
or either House of Congress, or when he
shall think the subject in his charge requires
it.
SEC. 529.(20)(Repealed)
(1) 7 U.S.C. 2201.
(2) Amended by the Act of
August 30, 1972, Public Law 92-419,
sec. 603, 86 Stat. 675, to include "rural
development".
(3) Amended by the Food and
Agriculture Act of 1977, Public Law
95-113, sec. 1502(a), 91 Stat. 1021,
7 U.S.C. 2201, to include "aquaculture
and human nutrition".
(4) Transfers of functions
were accomplished by the following: Public
Law 86-509, June 11, 1960, 74 Stat.
205, which enacted provisions of Reorganization
Plan Numbered 1 of 1959, provided: "That,
except as otherwise provided in section
2 hereof, the following functions are
hereby transferred to the Secretary of
Agriculture:
"(a) The functions of the Secretary
of the Interior under the Act of March
20, 1922, 42 Stat. 465, as amended (16
U.S.C. 485, 486), with respect to exchanges
of non-Federal lands for national forest
lands or timber.
"(b) The functions of the Secretary
of the Interior under the Act of February
2, 1922 (42 Stat. 362), with respect to
exchanges of lands in private ownership
within or within six miles of the Deschutes
National Forest for national forest lands,
or for timber from any national forest,
in the State of Oregon.
"(c) The functions of the Secretary
of the Interior under the Act of June 7,
1924 (43 Stat. 643), except section 2 thereof,
with respect to exchanges of privately
owned lands for national forest timber
in New Mexico.
"(d) The functions of the Secretary
of the Interior under the Act of January
12, 1925 (43 Stat. 739), except section
2 thereof, with respect to exchanges of
privately owned lands for national forest
timber in New Mexico.
"(e) The functions of the Secretary
of the Interior under the Act of April
21, 1926 (44 Stat. 303), except section
2 thereof, with respect to exchanges of
privately owned lands for national forest
lands or timber in New Mexico and Arizona.
"(f) The functions of the Secretary
of the Interior under section 2 of the
Act of May 26, 1926 (44 Stat. 655; 16 U.S.C.
38), with respect to exchanges of lands
held in private or State ownership for
national forest lands or timber in Montana.
"(g) The functions of the Secretary
of the Interior under the Act of June 15,
1926 (44 Stat. 746), with respect to exchanges
of State lands for national forest lands
in New Mexico.
"(h) The functions of the Secretary
of the Interior under the Act of December
7, 1942 (56 Stat. 1042), with respect to
exchange transactions in which lands under
the jurisdiction of the Secretary of Agriculture
are exchanged for State lands in Minnesota
which are to be under the jurisdiction
of the Secretary of Agriculture after their
acquisition by the United States.
"(i) The function of the Secretary
of the Interior (originally vested in the
Commissioner of the General Land Office)
under section 6 of the Act of April 28,
1930 (46 Stat. 257; 43 U.S.C. 872), with
respect to execution of quitclaim deeds
for lands conveyed to the United States
in connection with exchange transactions
involving lands under the jurisdiction
of the Secretary of Agriculture.
"(j) The functions of the Secretary
of the Interior under section 2(b) of the
Joint Resolution of August 8, 1947 (61
Stat. 921), with respect to appraisals
and sales of certain lands within the Tongass
National Forest.
"(k) The functions of the Secretary
of the Interior under section 10 of the
Act of March 1, 1911 (36 Stat. 962; 16
U.S.C. 519), with respect to sales of small
tracts of acquired national forest lands
found chiefly valuable for agriculture.
"(l) The functions of the Secretary
of the Interior under section 402 of Reorganization
Plan Numbered 3 of 1946 (60 Stat. 1099),
section 3 of the Act of September 1, 1949
(63 Stat. 683; 30 U.S.C. 192c), the Act
of June 30, 1950 (64 Stat. 311; 16 U.S.C.
508b), section 3 of the Act of June 28,
1952 (66 Stat. 285), or otherwise, with
respect to the use and disposal from lands
under the jurisdiction of the Secretary
of Agriculture of those mineral materials
which the Secretary of Agriculture is authorized
to dispose of from other lands under his
jurisdiction under the Act of July 31,
1947 (61 Stat. 681), as amended by the
Act of July 23, 1955 (69 Stat. 367; 30
U.S.C. 601).
"Sec. 2. (a) In no case covered by
subsections (a), (b), (e), (g), and (h)
of section 1 hereof shall the exchange
provide for the patenting of land by the
United States without a reservation of
minerals (1) unless the Secretary of Agriculture
has obtained the advice of the Secretary
of the Interior that the land is nonmineral
in character, or (2) unless the Secretary
of the Interior approves of the valuation
and disposition of the minerals in the
lands to be patented. A sale of land covered
by subsection (j) of section 1 hereof shall
be made by the Secretary of Agriculture
without a reservation of minerals only
after consultation with, and the approval
of, the Secretary of the Interior as to
the valuation and disposition of the minerals.
No lands of the United States shall be
exchanged in any case covered by subsection
(f) of section 1 hereof unless the Secretary
of Agriculture has obtained the advice
of the Secretary of the Interior that such
lands are nonmineral in character.
"(b) Nothing in this Act shall be
construed to authorize the Secretary of
Agriculture to determine or adjudicate
the validity or invalidity of any mining
claim or part thereof.
"(c) Nothing in subsection (l) of
section 1 hereof shall be construed to
authorize the Secretary of Agriculture
to dispose of coal, phosphate, sodium,
potassium, oil, oil shale, gas, or sulfur,
or to dispose of any minerals which would
be subject to disposal under the mining
laws if said laws were applicable to the
lands in which the minerals are situated.
"(d) Upon approval by the Secretary
of Agriculture pursuant to the provisions
of this Act of any exchange or sale, respectively,
of national forest lands under the provisions
of law referred to in subsections (a),
(b), (e), (f), (g), and (j) of section
1, hereof, the Secretary of the Interior,
upon the recommendation of the Secretary
of Agriculture, shall issue the patent
therefor.
"(e) All conveyances under the Act
referred to in subsection (h) of section
1 hereof of national forest lands reserved
from the public domain shall, upon recommendation
of the Secretary of Agriculture, be made
by the Secretary of the Interior.".
Reorganization Plan No. 2 of 1953 effective
June 4, 1953, 18 F.R. 3219, 67 Stat. 633,
provided for the Department of Agriculture,
as follows:
"SECTION 1. Transfer of functions
to the Secretary. (a) Subject to the exceptions
specified in subsection (b) of this section,
there are hereby transferred to the Secretary
of Agriculture all functions not now vested
in him of all other officers, and of all
agencies and employees, of the Department
of Agriculture.
"(b) This section shall not apply
to the functions vested by the Administrative
Procedure Act (5 U.S.C. 1001 et seq.) [see §§ 551
et seq., 701 et seq., 3105, 3344, 5362,
7521 of this title] in hearing examiners
employed by the Department of Agriculture
nor to the functions of (1) corporations
of the Department of Agriculture, (2) the
boards of directors and officers of such
corporations, (3) the Advisory Board of
the Commodity Credit Corporation, or (4)
the Farm Credit Administration or any agency,
officer, or entity of, under, or subject
to the supervision of the said Administration.
"SEC. 2. Assistant Secretaries of
Agriculture. Two additional Assistant Secretaries
of Agriculture shall be appointed by the
President, by and with the advice and consent
of the Senate. Each such assistant secretary
shall perform such functions as the Secretary
of Agriculture shall, from time to time,
prescribe and each shall receive compensation
at the rate prescribed by law for Assistant
Secretaries of executive departments.
"SEC. 3. Administrative Assistant
Secretary. An Administrative Assistant
Secretary of Agriculture shall be appointed,
with the approval of the President, by
the Secretary of Agriculture under the
classified civil service, and shall perform
such functions as the Secretary of Agriculture
shall, from time to time, prescribe. The
provisions of the item numbered (1) of
the third proviso under the heading "General
Provisions" appearing in Chapter XI
of the Third Supplemental Appropriation
Act, 1952, approved June 5, 1952, 66 Stat.
121, are hereby made applicable to the
position of Administrative Assistant Secretary
of Agriculture. [Deleted by Public Law
97- 325, section 8, 96 Stat. 1606, which
also provided for the appointment of an
additional Assistant Secretary of Agriculture
by the President with the advice and consent
of the Senate and for the total of such
Assistant Secretaries to be 7.]
"SEC. 4. Delegation of functions.
(a) 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
any agency or 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.
"(b) To the extent that the carrying
out of subsection (a) of this section involves
the assignment of major functions or major
groups of functions to major constituent
organizational units of the Department
of Agriculture, now or hereafter existing,
or to the heads or other officers thereof,
and to the extent deemed practicable by
the Secretary, he shall give appropriate
advance public notice of delegations of
functions proposed to be made by him and
shall afford appropriate opportunity for
interested persons and groups to place
before the Department of Agriculture their
views with respect to such proposed delegations.
"(c) In carrying out subsection (a)
of this section the Secretary shall seek
to simplify and make efficient the operation
of the Department of Agriculture, to place
the administration of farm programs close
to the state and local levels, and to adapt
the administration of the programs of the
Department to regional, State, and local
conditions.
"SEC. 5. Incidental transfers. The
Secretary of Agriculture may from time
to time effect such transfer07/16/2007tment of Agriculture of any of the
records, property, and personnel affected
by this reorganiza tion plan and such transfers
of unexpended balances (available or to
be made available for use in connection
with any affected function or agency) of
appropriations, allocations, and other
funds of such Department, as he deems necessary
to carry out the provisions of this reorganization
plan; but such unexpended balances so transferred
shall be used only for the purposes for
which such appropriation was originally
made.".
(5) Sections 521 and 522
dealing with establishment of the
office of the commissioner of agriculture
and clerks and employees, respectively,
were repealed by the Act of March 3,
1933, ch. 202, 47 Stat. 1428.
(6) Sections 521 and 522
dealing with establishment of the
office of the commissioner of agriculture
and clerks and employees, respectively,
were repealed by the Act of March 3,
1933, ch. 202, 47 Stat. 1428.
(7) 7 U.S.C. 2215. R.S. sec.
523 was derived from the Act of May 15,
1862, ch. 72, sec. 4, 12 Stat. 388.
(8) Original reference was
to the "Commissioner of Agriculture." The
Act of July 14, 1890, ch. 707, 26 Stat.
288, provided that the Secretary of Agriculture
is authorized and directed to perform
all the duties named in all Acts of Congress
in force February 8, 1889, to be performed
by the Commissioner of Agriculture.
(9) Repealed by the Act of
June 6, 1972, Public Law 92-310, 86 Stat.
205.
(10) 7 U.S.C. 2206. R.S.
sec. 525 was derived from the Act of
May 15, 1862, ch. 72, sec. 3, 12 Stat.
387, and Res. Dec. 15, 1868, No. 1, 15
Stat. 343.
(11) Original reference
was to the "Commissioner of Agriculture." The
Act of July 14, 1890, ch. 707, 26 Stat.
288, provided that the Secretary of Agriculture
is authorized and directed to perform
all the duties named in all Acts of Congress
in force February 8, 1889, to be performed
by the Commissioner of Agriculture.
(12) 7 U.S.C. 2204. Amended
by the Rural Development Act of 1972, Public
Law 92-419, section 603(b), 86 Stat. 675,
which designated existing provisions as
subsection (a), provided for information
concerning rural development, prescribed
advisory functions of the Secretary, and
added subsection (b).
(13) Original reference
was to the "Commissioner of Agriculture." The
Act of July 14, 1890, ch. 707, 26 Stat.
288, provided that the Secretary of Agriculture
is authorized and directed to perform
all the duties named in all Acts of Congress
in force February 8, 1889, to be performed
by the Commissioner of Agriculture.
(14) Amended by the Food
and Agriculture Act of 1977, Public Law
95-113, sec. 1502(a), 91 Stat. 1021,
7 U.S.C. 2201, to include "aquaculture
and human nutrition".
(15) Amended in its entirety
by the Rural Development Policy Act of
1980, Public Law 96-355, section
5, 94 Stat. 1174.
(16) 7 U.S.C. 415. Section
527 was amended in its entirety by the
Act of April 25, 1896, ch. 140, 29 Stat.
106. The Act substituted this section for
one which read: "The purchase and
distribution of seeds by the Department
of Agriculture shall be confined to such
seeds as are rare and uncommon to the country,
or such as can be made more profitable
by frequent changes from one part of our
own country to another; and the purchase
or propagation and distribution of trees,
plants, shrubs, vines, and cuttings, shall
be confined to such as are adapted to general
cultivation and to promote the general
interests of horticulture and agriculture
throughout the United States.".
(17) 7 U.S.C. 2207. R.S.
sec 528 was derived from the Act of May
15, 1862, ch. 72, sec. 3, 12 Stat. 387.
(18) Original reference
was to the "Commissioner of Agriculture." The
Act of July 14, 1890, ch. 707, 26 Stat.
288, provided that the Secretary of Agriculture
is authorized and directed to perform
all the duties named in all Acts of Congress
in force February 8, 1889, to be performed
by the Commissioner of Agriculture.
(19) This section was amended
and section 529 was deleted to reflect
that: (1) the Act of May 29, 1928, ch. 901,
section 1, 45 Stat. 993, discontinued
the report to Congress of the Secretary's
acts and the account of all moneys received
and expended by him and the report in
detail to the Congress of all moneys
expended by him or under his direction,
and repealed sections 528 and 529 "to
the extent of such requirement";
and (2) the Act of August 30, 1954, ch.
1076, section 1, 68 Stat. 966, discontinued
the annual report to the President accounting
for all moneys received and expended
by him and repealed section 528 "to
the extent of such requirement".
(20) This section was amended
and section 529 was deleted to reflect
that: (1) the Act of May 29, 1928,
ch. 901, section 1, 45 Stat. 993, discontinued
the report to Congress of the Secretary's
acts and the account of all moneys received
and expended by him and the report in
detail to the Congress of all moneys
expended by him or under his direction,
and repealed sections 528 and 529 "to
the extent of such requirement";
and (2) the Act of August 30, 1954, ch.
1076, section 1, 68 Stat. 966, discontinued
the annual report to the President accounting
for all moneys received and expended
by him and repealed section 528 "to
the extent of such requirement".
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