[Federal Register: May 20, 2003 (Volume 68, Number 97)]
[Rules and Regulations]
[Page 27431-27450]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20my03-1]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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[[Page 27431]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Parts 1, 2, 15, and 15f
Animal and Plant Health Inspection Service
7 CFR Part 371
Revision of Delegations of Authority
AGENCY: Office of the Secretary; Animal and Plant Health Inspection
Service; USDA.
ACTION: Final rule.
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SUMMARY: This document revises the delegations of authority from the
Secretary of Agriculture and general officers of the Department of
Agriculture (USDA) principally to reflect changes and additions to the
delegations required by the Farm Security and Rural Investment Act of
2002, (FSRIA); the Public Health Security and Bioterrorism Preparedness
and Response Act of 2002, the reorganization of offices under the
Assistant Secretary for Administration and the establishment of the
Homeland Security Staff; the authority delegated to the Judicial
Officer to act in certain proceeding under the Plant Variety Protection
Act, as amended, and the Agricultural Adjustment Act of 1938, as
amended; the Livestock Mandatory Reporting Act of 1999; the Hass
Avocado Promotion, Research, and Consumer Information Act of 2000;
section 14 of the Watershed Protection and Flood Prevention Act; and
the responsibilities of the United States related to activities of the
Office International des Epizooties.
EFFECTIVE DATE: Effective May 20, 2003.
FOR FURTHER INFORMATION CONTACT: L. Benjamin Young, Jr., Deputy
Assistant General Counsel, Office of the General Counsel, USDA, 1400
Independence Avenue, SW., Washington, DC 20250-1415, (202) 720-5565,
benjamin.young@usda.gov.
SUPPLEMENTARY INFORMATION:
Farm Security and Rural Investment Act of 2002
The Secretary of Agriculture previously delegated authorities under
the Farm Security and Rural Investment Act of 2002, Public Law 107-171
(FSRIA) in Secretary's Memorandum (SM) 1030-50 (July 10, 2002). This
rule codifies those delegations as follows.
Title I of FSRIA authorizes the use of the Commodity Credit
Corporation (CCC) to implement a number of programs for producers of
agricultural commodities such as wheat, feed grains, cotton, rice, and
oilseeds. Title X authorizes CCC to implement a livestock assistance
program for producers who have incurred losses as the result of a
natural disaster. Since Congress has routinely authorized, on an annual
basis, the conduct by CCC of other similar commodity and disaster
programs that consistently have been delegated to the Under Secretary
for Farm and Foreign Agricultural Services, the delegations in 7 CFR
2.16 and 2.42 are amended to reflect the delegation of authority to the
Under Secretary for Farm and Foreign Services and the Administrator of
the Farm Service Agency, respectively, to implement all CCC-funded
commodity programs that provide assistance to producers of agricultural
commodities.
Additional, section 1504 of FSRIA expands the Dairy Products
Mandatory Reporting program, which requires the collection and
compilation of information with respect to prices, quantities sold, and
inventories of dairy products in order to encourage competition, to
include substantially identical products. The delegations at 7 CFR 2.21
and 2.68 are amended to reflect the delegation of this authority to the
Under Secretary for Research, Education, and Economics and the
Administrator of the National Agricultural Statistics Service,
respectively.
Title II of FSRIA authorizes the use of the Commodity Credit
Corporation (CCC) to implement a number of natural resources
conservation programs. Since Congress has routinely authorized, on an
annual basis, the conduct of CCC of the same or similar conservation
programs that consistently have been delegated to the Under Secretary
for Natural Resources and Environment, the delegations in 7 CFR 2.20
and 2.61 are amended to reflect the delegation of authority to the
Under Secretary for Natural Resources and Environment and the Chief of
the Natural Resources Conservation Service, respectively, to implement
CCC-funded programs that provide assistance for natural resources
conservation, except as elsewhere delegated.
Section 3107 of FSRIA authorized the President to establish the
McGovern-Dole International Food for Education and Child Nutrition
Program. By Presidential Memorandum dated March 11, 2003 (68 FR 12,569
(March 17, 2003)), the President delegated the authority to implement
this program to the Secretary of Agriculture. The delegations in 7 CFR
2.16, 2.42, and 2.43, are amended to delegate to the Under Secretary
for Farm and Foreign Agricultural Services and the Administrators of
the Farm Service Agency and the Foreign Agricultural Service,
respectively, the Secretary's authority to implement the program.
Section 4125 of FSRIA amended the Food Stamp Act to authorize a
contract or grant to a nongovernmental organization meeting specified
eligibility requirements to gather information on, and recommend,
innovative programs for addressing common community problems. The
delegations at 7 CFR 2.21 and 2.66 are amended to reflect the
delegation of this authority by an SM signed September 27, 2002, to the
Under Secretary for Research, Education, and Economics and the
Administrator of the Cooperative State, Research, Education, and
Extensions Service, respectively.
Section 4401 of FSRIA amended title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA)
to restore Food Stamp Program eligibility to certain disabled aliens,
qualified alien children, and qualified aliens who have resided in the
United States for a period of 5 years from their date of entry. The
delegations at 7 CFR 2.19 and 2.57 are amended to delegate authority to
administer those functions under PRWORA relating to the eligibility of
aliens for benefits under the domestic food assistance programs to the
Under Secretary for Food, Nutrition, and Consumer Services
[[Page 27432]]
and the Administrator of the Food and Nutrition Service, respectively.
Section 4402 of FSRIA directs the Secretary to establish a Seniors
Farmers' Market Nutrition Program (SFMNP) to operate through 2007. The
purposes of the SFMNP are to provide resources in the form of fresh,
nutritious, unprepared, locally grown fruits, vegetables and herbs from
farmers' markets, roadside stands and community supported agriculture
programs to low-income seniors and to increase domestic consumption of
agricultural commodities by expanding and developing or aiding in the
development of such outlets. The delegations at 7 CFR 2.19 and 2.57 are
amended to delegate authority to administer the SFMNP to the Under
Secretary for Food, Nutrition, and Consumer Services and the
Administrator of the Food and Nutrition Service, respectively.
The delegations of authority at 7 CFR 2.16 and 2.42 are amended to
reflect that the Under Secretary for Farm and Foreign Agricultural
Services and the Administrator of the Farm Service Agency are delegated
the responsibility to conduct studies and report to Congress on direct
and guaranteed loan programs as required by section 5301 of FSRIA.
Title VI of FSRIA provided a number of new rural development
program authorities to the Secretary. The delegations at 7 CFR 2.17 are
amended to reflect delegation of these authorities to the Under
Secretary for Rural Development, and 7 CFR 2.47, 2.48, and 2.49 are
amended to reflect the further delegation of these authorities (with
the exception of the Rural Strategic Investment Program) to the
Administrators of the Rural Utilities Service (RUS), Rural Business-
Cooperative Service (RBS), and Rural Housing Service (RHS),
respectively, as follows: National Rural Development Partnership (RBS),
the Rural Business Investment program (RBS), the Rural Telework program
(RHS), the Historic Barn Preservation program (RHS), the Farm Workers
Training Grant Program (RHS), the Value-Added Agricultural Product
Market Development Grant program (RBS), the Agriculture Innovation
Center Demonstration program (RBS), and the Rural Firefighters and
Emergency Personnel Grant program (RHS), the Household Well-Water Grant
program (RUS), the National Oceanic and Atmospheric Administration All-
Hazards Weather Radio Transmitter Grant program (RUS), the SEARCH Grant
program (RUS), and the Grants for Water Systems for Rural and Native
Villages in Alaska (RUS).
Title VII of FSRIA provided a number of new research, education,
economics, and extension authorities and requirements to the Secretary.
The delegations at 7 CFR 2.21 are amended to reflect the delegation of
these authorities to the Under Secretary for Reserach, Education, and
Economics (REE), and the delegations at 7 CFR 2.65, 2.66, 2.67, and
2.68, are amended to reflect the further delegation of these
authorities by the Under Secretary for REE to the Administrators of the
Agricultural Research Service (ARS), Cooperative State Research,
Education, and Extension Service (CSREES), Economic Research Service
(ERS), and the National Agricultural Statistics Service (NASS),
respectively, as follows: An overseas internship program with the
Foreign Agricultural Service (CSREES); a competitive grants program for
special purpose scientific research equipment (CSREES); authority for
joint administration of grant programs with other Federal agencies
(CSREES); a beginning farmer and rancher development program (CSREES);
a program of grants to colleges and universities in insular areas for
resident instruction and distance education (CSREES); a program of
public education regarding use of biotechnology in producing food for
human consumption (CSREES); a requirement to ensure organic
agricultural product information is included in agricultural production
and marketing data (NASS); a program of grants to the Girl Scouts of
the United States of America, the Boy Scouts of America, National 4-H
Council and the National Future Farmers of America Organization
(CSREES); authority to terminate the Federal personnel appointments of
certain State extension employees holding joint Federal-State
employment appointments (CSREES); a requirement for the inclusion of
certain data in estimates of net farm income (ERS); and a broad
authority, using any legal authority available to the Secretary, to
carry out agricultural research, education, and extension activities to
counter chemical or biological terrorism and enhance the biosecurity of
the United States (CSREES). Additionally, a grant program regarding
certain diseases of wheat and barley was expanded to include diseases
of triticale, specifically Tilletia indica and related fungi (ARS).
Title VII of FSRIA also included an authorization for establishment
of a Senior Scientific Research Service that has been delegated through
the Assistant Secretary for Administration to the Office of Human
Resources Management.
Title IX of FSRIA authorizes several new programs related to
energy. The delegations at 7 CFR 2.29 are amended to reflect the
delegation of authority to the Chief Economist to develop guidelines
and establish a voluntary labeling program for the Biobased Products
Federal Procurement Program and to administer the Biodiesel Fuel
Education grants program. 7 CFR 2.29 is also amended to reflect the
delegation to the Chief Economist of responsibility for entering into a
memorandum of understanding with the Secretary of Energy regarding
hydrogen and fuel cell technology programs for rural communities and
agricultural producers, and that responsibility is further delegated by
the Chief Economist to the Director, Office of Energy Policy and New
Uses by amendment of 7 CFR 2.73.
The delegations at 7 CFR 2.17 are amended to reflect the delegation
of authority to the Under Secretary for Rural Development to administer
the Renewable Energy System and Energy Efficiency Improvements program,
the Biorefinery Development Grant program, and the Energy Audit and
Renewable Energy Development Program, and 7 CFR 2.48 is further amended
to reflect delegation of the Renewable Energy Systems and Energy
Efficiency Improvements program to the Administrator of RBS.
The delegations at 7 CFR 2.21 and 2.66 are amended to reflect the
delegation of authority to the Under Secretary for Research, Education,
and Economics and the Administrator of CSREES to carry out a program of
cooperative research and extension projects on carbon cycling and
greenhouse gas exchanges from agriculture.
Title X, Subtitle E of FSRIA, titled the ``Animal Health Protection
Act,'' updates and consolidates a number of animal health statutes.
Section 10504 of FSRIA authorizes the Secretary to develop a program to
maintain in all regions of the United States a sufficient number of
Federal and State veterinarians who are well trained in recognition and
diagnosis of exotic and endemic animal diseases. The delegations at 7
CFR 2.22 and 2.80 are amended to reflect the delegation of authority to
administer the Animal Health Protection Act and the section 10504
veterinary program to the Under Secretary for Marketing and Regulatory
Programs and to the Administrator of the Animal and Plant Health
Inspection Service (APHIS). 7 CFR 371.4 is amended to reflect the
delegation of this
[[Page 27433]]
authority further from the Administrator of APHIS to the Deputy
Administrator for Veterinary Services. Titles 7 and 9 of the Code of
Federal Regulations will be amended in a future rulemaking action to
add the Animal Health Protection Act to authority citations and to make
any other changes deemed necessary as a result of the enactment of this
law.
Section 10605 of FSRIA requires the Secretary to establish a
Farmers' Market Promotion Program to promote the establishment,
expansion, and promotion of farmers' markets, section 10606 establishes
a National Organic Certification Cost-Share program to provide funds to
assist organic producers and handlers in obtaining certification under
the national organic production program, and section 10607 exempts
producers of 100 percent organic products from assessments under any
commodity promotion law for any agricultural commodity produced on a
certified organic farm. The delegations at 7 CFR 2.22 and 2.79 are
amended to reflect the delegation of these authorities to the Under
Secretary for Marketing and Regulatory Programs and the Administrator
of the Agricultural Marketing Service, respectively.
Section 10704 authorizes the Secretary to establish the position of
the Assistant Secretary for Civil Rights (ASCR). The Secretary
established that position by SM 1030-57 (March 7, 2003). Accordingly,
delegations of authority for civil rights previously made to the
Assistant Secretary for Administration (ASA) under 7 CFR 2.24(a)(3) are
transferred to the ASCR and codified in Sec. 2.25, and the delegations
to the Office of Civil Rights, currently at 7 CFR 2.89, are transferred
to the ASCR under a new subpart R at Sec. 2.300. Additionally,
conforming changes are made in 7 CFR parts 15 and 15f to reflect the
transfer of authority from the ASA to the ASCR.
Section 10805 of FSRIA authorizes a program of grants to the Food
and Agricultural Policy Research Institute. The delegations at 7 CFR
2.21 and 2.66 are amended to reflect the delegation of this authority
to the Under Secretary for Research, Education, and Economics and the
Administrator of CSREES, respectively.
Section 10808(a) of FSRIA directs the Secretary of Agriculture to
conduct an education program regarding the availability and safety of
processes and treatments that eliminate or substantially reduce the
level of pathogens on meat, meat food products, poultry, and poultry
products. The delegations at 7 CFR 2.18 and 2.53 are amended to reflect
the delegation of authority for this program to the Under Secretary for
Food Safety and the Administrator of the Food Safety and Inspection
Service.
Section 10816 of FSRIA establishes a Country of Origin Labeling
program that requires retailers of specified agricultural commodities
to inform consumers of the specified country of origin of those
commodities. The delegations at 7 CFR 2.22 and 2.79 are amended to
reflect the delegation of this authority to the Under Secretary for
Marketing and Regulatory Programs and the Administrator of the
Agricultural Marketing Service, respectively.
Public Health Security and Bioterrorism Preparedness and Response Act
of 2002
Title II, Subtitle B, of the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002, Public Law 107-188,
authorizes the Secretary to regulate the possession, use, and transfer
of biological agents and toxins that pose a severe threat to plant or
animal health, or animal or plant products. This authority was
delegated to the Under Secretary for Marketing and Regulatory Programs
and authorized to be delegated further to the Administrator of APHIS by
SM 1030-054 (December 6, 2002). The delegations at 7 CFR 2.22 and 2.80
are amended to reflect the delegation of the Secretary's authority to
administer Title II, Subtitle B, of the Act to the Under Secretary for
Marketing and Regulatory Programs and APHIS. 7 CFR 371.3 and 371.4 is
amended to reflect the further delegation of this authority from the
Administrator of APHIS to the Deputy Administrators of Plant Protection
and Quarantine and Veterinary Services.
Trade Act of 2002
Section 141 of the Trade Act of 2002, Public Law 107-210, amended
title II of the Trade Act of 1974 to authorize the Secretary of
Agriculture to provide ``Trade Adjustment Assistance for Farmers.''
Under this program, a group of agricultural commodity producers may
petition the Secretary for benefits if the Secretary determines that
prices for the commodity produced by the group have declined by an
amount specified in the statute and increases in imports contributed
importantly to the decline. The delegations at 7 CFR 2.16 and 2.43 are
amended to delegate to the Under Secretary for Farm and Foreign
Agricultural Services and the Administrator, Foreign Agricultural
Services, respectively, the authority to implement this new provision.
Departmental Administration
A number of changes are made to the delegations of authority to the
Assistant Secretary for Administration and to the offices that report
to him.
SM 1020-052 (August 15, 2002) established a new Homeland Security
Staff and transferred the lead responsibility for hazardous materials
management and federal facilities environmental compliance, previously
delegated to the Director, Hazardous Materials Management Group (HMMG),
to the ASA and under him, to the Director of the Office for Procurement
and Property Management (OPPM), to whom the HMMG will now report. The
delegations at 7 CFR 2.24, 2.25 (which as noted above become will now
become the delegation for the ASCR), 2.32, and 2.93 are revised to
reflect the removal of the HGGM from the published delegations and to
reflect the division of the security and emergency planning and
response functions formerly under the ASA and OPPM between OPPM and a
new Homeland Security Staff. The ASA and OPPM are responsible for
administration of the Continuity of Operations and Continuity of
Government plans and the classification of information and
administration of personnel security functions. The Homeland Security
Staff is delegated authority for providing overall leadership and
coordination of programs to plan for and respond to major natural and
terrorist emergencies and threats.
The National Historic Preservation Act function and Indian affairs
function are transferred from the Assistant Secretary for Congressional
Relations to the ASA.
The ASA, the Director, Office of Operations, are delegated
authority related to Department services for occupational health and
related functions.
Responsibility for oversight of the Department Conflict Prevention
and Resolution Center is transferred from the Office of Planning and
Coordination to the Office of Human Resources Management (OHRM).
Finally, technical changes have been made to the delegations to the
ASA and OHRM to make clear their authorities to take adverse actions
are redelegable.
Judicial Officer
This rule simplifies the language of the delegation of authority to
the Judicial Officer and makes three substantive changes to that
authority.
Plant Variety Protection Act
Pursuant to section 63 of the Plant Variety Protection Act (7
U.S.C. 2443),
[[Page 27434]]
when the Plant Variety Protection Officers refuses an application for
plant variety protection, the applicant may appeal to the Secretary of
Agriculture. Effective December 1, 1977, the Secretary of Agriculture
delegated authority to the Judicial Officer to exercise the functions
of the Secretary of Agriculture where an appeal is filed under 7 U.S.C.
2443 (42 FR 61029). However, this delegation of authority is not
reflected in the Code of Federal Regulations. Accordingly, this final
rule amends 7 CFR 2.35 to reflect the Judicial Officer's authority to
act as final deciding officer in appeals under section 63 of the Plant
Variety Protection Act (7 U.S.C. 2443).
Pursuant to section 91 of the Plant Variety Protection Act, as
amended (7 U.S.C. 2501), when a person notifies the Secretary of
Agriculture of facts which may have a hearing on the protectability of
a plant variety, the Secretary of Agriculture may cause the plant
variety protection to be reexamined. This final rule delegates
authority from the Secretary of Agriculture to the Judicial Officer to
act as final deciding officer in reexamination proceedings under
section 91 of the Plant Variety Protection Act, as amended (7 U.S.C.
2501).
Agricultural Adjustment Act of 1938
Pursuant to section 359i of the Agricultural Adjustment Act of
1938, as amended (7 U.S.C. 1359ii), adversely affected persons may
appeal allocations of marketing allotments and arbitrated disputes
between processors and producers or groups of producers regarding the
sharing of processors' allocations to the Secretary of Agriculture.
This final rule delegates authority from the Secretary of Agriculture
to the Judicial Officer to act as final deciding officer in
adjudicatory proceedings under section 359i of the Agricultural
Adjustment Act of 1938, as amended (7 U.S.C. 1359ii), and to issue
rules of practice applicable to proceedings conducted pursuant to
section 359i of the Agricultural Adjustment Act of 1938, as amended (7
U.S.C. 1359ii).
Agricultural Risk Protection Act of 2000
Sections 203(f) and 253 of the Agricultural Risk Protection Act of
2000 (Pub. L. 106-244) (``ARPA''), respectively, authorize programs for
Apple Loans and Emergency Loans for Seed Producers. The delegations at
7 CFR 2.16 and 2.42 are amended to reflect the delegation of authority
to administer these programs to the Under Secretary for Farm and
Foreign Agricultural Services and the Administrator of the Farm Service
Agency.
The V of ARPA authorizes the Secretary of Agriculture to assess
civil penalties not to exceed $10,000 against any person who causes
harm to, or interferes with, an animal used for official inspections by
the Department of Agriculture, and to subpoena witnesses and the
production of documentary evidence relating to matters under
investigation. The delegations at 7 CFR 2.22, 2.80, and 371.3 are
amended to reflect the delegation of this authority to the Under
Secretary for Marketing and Regulatory Programs, the Administrator of
APHIS, and the Deputy Administrator for Plant Protection and
Quarantine.
Livestock Mandatory Reporting Act of 1999
The Livestock Mandatory Reporting Act of 1999 (7 U.S.C. 1635-
1636(h)) established a program requiring reporting of information
regarding the marketing of cattle, swine, lambs, and products of such
livestock in order to provide producers, packers, and others in the
marketplace with information regarding pricing, contracting, and supply
and demand conditions for livestock and livestock products. The
delegations at 7 CFR 2.22 and 2.79 are amended to reflect the
delegation of this authority to the Under Secretary for Marketing and
Regulatory Programs and the Administrator of the Agricultural Marketing
Service, respectively.
Hass Avocado Promotion, Research, and Consumer Information Act of 2000
The purpose of the Hass Avocado Promotion, Research, and Consumer
Information Act of 2000 (7 U.S.C. 7801-7813) is to establish, through
assessments on Hass avocados sold by producers and importers, a
coordinated program of promotion, research, industry information, and
consumer information to strengthen and expand the domestic market for
Hass avocados. The delegations at 7 CFR 2.22 and 2.79 are amended to
reflect the delegation of this authority to the Under Secretary for
Marketing and Regulatory Programs and the Administrator of the
Agricultural Marketing Service, respectively.
Office International des Epizooties (OIE)
The Office International des Epizooties (OIE) is the international
forum for setting animal health standards, reporting global animal
situations and disease status, and presenting guidelines and
recommendations on sanitary measures relating to animal health. The
Trade Agreement Act of 1979, as amended (19 U.S.C. 2531 et seq.), gives
the Secretary of Agriculture responsibilities related to international
standards for agricultural products, which include animals and animal
products. Further, section 491 of the Trade Agreement Act of 1979, as
amended (19 U.S.C. 2578), requires the President to designate an agency
to be responsible for informing the public of the sanitary and
phytosanitary (SPS) standard-setting activities of each international
standard-setting organization. The President, pursuant to Proclamation
No. 6780 of March 23, 1995 (60 FR 15845), designated the Secretary of
Agriculture as the official responsible for informing the public of the
SPS standard-setting activities of certain international standard-
setting organizations, including the OIE.
The delegations at 7 CFR 2.22 and 2.80 are amended to reflect the
delegation of authority for carrying out responsibilities of the United
States related to activities of the OIE to the Under Secretary for
Marketing and Regulatory Programs and to the Administrator of APHIS. 7
CFR 371.4 is amended to reflect the delegation of this authority
further from the Administrator of APHIS to the Deputy Administrator for
Veterinary Services.
Watershed Protection and Flood Prevention Act
Section 313 of the Grain Standards and Warehouse Improvement Act of
2002, Public Law 106-472, added a new section 14 to the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1012) authorizing the
Secretary to provide technical and financial assistance to sponsoring
organizations to rehabilitate water resource projects owned and
operated by the sponsors that were installed under programs
administered by the Natural Resources Conservation Service. The
delegations at 7 CFR 2.20 and 2.61 are amended to reflect the
delegation of that authority by SM 1030-049 (January 16, 2002) to the
Under Secretary for Natural Resources and Environment and the Chief,
Natural Resources Conservation Service, respectively.
Miscellaneous
A number of miscellaneous minor changes have been made to the
delegations for other reasons. The delegation of authority in 7 CFR
1.189 to take final action in matters covered by the Equal Access to
Justice Act, 5 U.S.C. 504, is revised. The headings for 7 CFR part 2,
subpart N, Sec. 2.22, and Sec. 2.80(a) are revised to reflect the
change in the title of the policy official
[[Page 27435]]
responsible for Marketing and Regulatory Programs. The title of this
position was changed from ``Assistant Secretary'' to ``Under
Secretary'' by the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 1999 (Pub. L.
105-277). References in 7 CFR 2.22 and 2.80 references to statutes
repealed by the Plant Protection Act (Title IV, Pub. L. 106-224, 114
Stat. 438, 7 U.S.C. 7701-7772) are removed. The delegations of
authority for outreach and technical assistance to socially
disadvantaged farmers and ranchers under 7 U.S.C. 2279 have been
revised to reflect the fact that this authority has been removed from
the Natural Resources Conservation Service, and that the authority to
enter into contracts and other agreements pursuant to 7 U.S.C. 2279 has
been transferred from the Assistant Secretary for Administration and
Office of Outreach to the Under Secretary for Research, Education, and
Economics and the Cooperative State Research, Education, and Extension
Service. The reservations of authority by the Secretary in 7 CFR
2.22(b)(2) related to animal and plant health inspection are amended to
update the authority citations.
Additional changes have been made to the REE mission area
delegations to reflect the repeal of authorities, to consolidate some
paragraphs, and to clarify the delegation regarding the McIntire-
Stennis Cooperative Forestry Program.
Classification
Finally, this rules relates to internal agency management.
Accordingly, pursuant to 5 U.S.C. 553, notice of proposed rulemaking
and opportunity for comment are not required, and this rule may be made
effective less than 30 days after publication in the Federal Register.
This rule also is exempt from the provisions of Executive Orders 12866
and 12988. This action is not a rule as defined by the Regulatory
Flexibility Act, Pub. L. 96-354, and the Small Business Regulatory
Fairness Enforcement Act, 5 U.S.C. 801 et seq., and thus is exempt from
the provisions of those Acts.
This rule contains no information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects
7 CFR Part 1
Administrative practice and procedure, Authority delegations
(Government agencies), Equal access to justice.
7 CFR Part 2
Authority delegations (Government agencies).
7 CFR Part 15
Administrative practice and procedure, Authority delegations
(Government agencies), Civil rights, Nondiscrimination.
7 CFR Part 15f
Administrative practice and procedure, Authority delegations
(Government agencies), Civil rights.
7 CFR Part 371
Authority delegations (Government agencies).
0
Accordingly, Title 7 of the Code of Federal Regulations is amended as
set forth below:
PART 1--ADMINISTRATIVE REGULATIONS
0
1. The authority for Part 1 continues to read as follows:
Authority: 5 U.S.C. 301, unless otherwise noted. Subpart J also
issued under 5 U.S.C. 504(c)(1).
0
2. Revise Sec. 1.189 to read as follows:
Sec. 1.189 Delegations of authority.
(a) Except as provided in paragraph (b) of this section, the
Secretary of Agriculture delegates to the Judicial Officer authority to
take final action on matters pertaining to the Act in proceedings
covered by these rules. The Secretary by order may delegate authority
to take final action on matters pertaining to the Act in particular
cases to other subordinate officials or bodies.
(b)(1) The Secretary of Agriculture delegates to the Director of
the National Appeals Division authority to take final actions on
matters pertaining to the Act for proceedings under 7 CFR part 11.
(2) With respect to proceedings covered under Sec. 1.183(b)(1)(ii)
of this part, the Board of Contract Appeals is authorized by statute
(41 U.S.C. 607) to take final action.
PART 2--DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE
AND GENERAL OFFICERS OF THE DEPARTMENT
0
1. The authority for Part 2 continues to read as follows:
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 C--Delegations of Authority to the Deputy Secretary, the
Under Secretaries and Assistant Secretaries
0
2.-3. Revise Sec. 2.4 to read as follows:
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 Under Secretary for Marketing and
Regulatory Programs; the Assistant Secretary for Congressional
Relations; the Assistant Secretary for Administration; the Assistant
Secretary for Civil Rights; the General Counsel; the Inspector General;
the Chief Financial Officer; the Chief Information Officer; the
Judicial Officer; the Director, Office of Budget and Program Analysis;
the Chief Economist; the Director, National Appeals Division; and the
Director of Communications.
0
4. Amend Sec. 2.16 to add paragraphs (a)(1)(xxv), (a)(1)(xxvi),
(a)(2)(xiv), (a)(2)(xv), (a)(3)(xliii), and (a)(3)(xliv) to read as
follows:
Sec. 2.16 Under Secretary for Farm and Foreign Agricultural Services
(a) * * *
(1) * * *
(xxv) Administer all programs of the Commodity Credit Corporation
that provide assistance with respect to the production of agricultural
commodities, including disaster assistance and the domestic marketing
of such commodities, except as may otherwise be reserved by the
Secretary of Agriculture.
(xxvi) Administer the following provisions of the Farm Security and
Rural Investment Act of 2002 with respect to functions otherwise
delegated to the Under Secretary for Farm and Foreign Agricultural
Services:
(A) The equitable relief provisions of section 1613 (7 U.S.C.
7996).
(B) The tracking of benefits under section 1614 (7 U.S.C. 7997).
(C) The development of a plan and related report to coordinate land
retirement and agricultural working land conservation programs under
section 2005 (16 U.S.C. 3801 note).
* * * * *
(2) * * *
(xiv) Administer programs for Apple Loans and Emergency Loans for
Seed
[[Page 27436]]
Producers under sections 203(f) and 253, respectively, of the
Agricultural Risk Protection Act of 2000 (7 U.S.C. 1421 note, Pub. L.
106-224).
(xv) Administer evaluations of direct and guaranteed loan programs
under section 5301 of the Farm security and Rural Investment Act of
2002 (7 U.S.C. 1922 note).
* * * * *
(3) * * *
(xliii) Implement provisions of the Trade Act of 1974 regarding
adjustment assistance for farmers (19 U.S.C. 2401-2401g).
(xliv) Implement section 3107 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 173o-1), expect for the authority to
designate Federal agencies under section 3107(d) that is reserved to
the President.
* * * * *
0
5. Amend Sec. 2.17 to revise paragraphs (a)(20)(iv), (a)(21)(ii),
(a)(21)(xi), and (a)(22)(i), and add new paragraphs (a)(20)(x),
(a)(21)(xxi), (a)(21)(xxii), (a)(21)(xxiii), (a)(22)(vi), (a)(24),
(a)(25), and (a)(26) to read as follows:
Sec. 2.17 Under Secretary for Rural Development.
(a) * * *
(20) * * *
(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) Section 306D (7 U.S.C. 1926d).
(F) Section 306E (7 U.S.C. 1926e).
(G) Section 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.
(H) Section 310A (7 U.S.C. 1931), relating to watershed and
resource conservation and development
(I) Section 310B(b) (7 U.S.C. 1932(b)).
(J) Section 310B(i) (7 U.S.C. 1932(i)), relating to loans for
business telecommunications partnerships.
(K) Administrative Provisions of subtitle D of the consolidated
Farm and Rural Development act relating to rural utility activities.
(L) Section 379B (7 U.S.C. 2008p).
* * * * *
(x) Administer the SEARCH Grants for Small Communities Program (7
U.S.C. 2009ee et seq.)
(21) * * *
(ii) Administer the following sections of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1921 et seq.):
(A) Section 306(a)(110(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 enterprises grants and
rural technology and cooperative development grants.
(E) Section 312(b) (7 U.S.C. 1942(b)), relating to small business
enterprises.
(F) Administrative Provisions of subtitle D of the Consolidated
Farm and Rural Development Act relating to rural business-cooperative
activities.
(G) Section 378 (7 U.S.C. 2008m) relating to the National Rural
Development Partnership;
(H) Section 384A et seq. (7 U.S.C. 2009cc et seq.) relating to the
Rural Business Investment Program;
(I) Section 385A et seq. (7 U.S.C. 2009dd et seq.) relating to
Rural Strategic Investment Program.
* * * * *
(xi) Administer the assets of the Alternative Agricultural Research
and Commercialization Corporation and the funds in the Alternative
Agricultural Research and Commercialization Fund in accordance with
section 6201 of the Farm Security and Rural Investment Act of 2000
(note to 7 U.S.C. 5901 (repealed)).
* * * * *
(xxi) Administer the Value-Added Agricultural Product Market
Development Grant program (note to 7 U.S.C. 1621).
(xxii) Administer the Agriculture Innovation Center Demonstration
program (note to 7 U.S.C. 1621).
(xxiii) Administer the Renewable Energy System and Energy
Efficiency Improvements program (7 U.S.C. 8106).
(22) Related to rural housing. (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.
(C) Administrative Provisions of subtitle D of the Consolidated
Farm and Rural Development Act relating to rural housing activities.
(D) Section 379 (7 U.S.C. 2008n) relating to the Rural Telework
program;
(E) Section 379A (7 U.S.C. 2008o) relating to the Historic Barn
Preservation program; and
(F) Section 379C (7 U.S.C. 2008q) relating to the Farm Workers
Training Grant program.
* * * * *
(vi) Administer the Rural Firefighters and Emergency Personnel
Grant program (7 U.S.C. 2655).
* * * * *
(24) Administer the Biorefinery Development Grant program (7 U.S.C.
8103).
(25) Administer the Energy Audit and Renewable Energy Development
program (7 U.S.C. 8105).
(26) Related cooperative agreements. Enter into cooperative
agreements with other Federal agencies, State and local governments,
and any other organizations or individuals to improve the coordination
and effectiveness of Federal programs, services, and actions affecting
rural areas, including the establishment and financing of interagency
groups, as long as the objectives of the agreement will serve the
mutual interest of the parties in rural development activities (7
U.S.C. 2204b(b)(4)).
* * * * *
0
6. Amend Sec. 2.18 to revise paragraphs (a)(1)(ii)(F) and (G) and add
paragraph (a)(1)(ii)(H) to read as follows:
Sec. 2.18 Under Secretary for Food Safety.
(a) * * *
(1) * * *
(ii) * * *
(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;
(G) Administer and conduct a Food Safety Research Program (7 U.S.C.
427); and
(H) Conduct an education program regarding the availability and
safety of processes and treatments that eliminate or substantially
reduce the level of pathogens on meat, meat food products, poultry, and
poultry products (21 U.S.C. 679b).
* * * * *
0
7. Amend Sec. 2.19 to revise paragraph (a)(l)(i) and add paragraph
(a)(1)(vi) to read as follows:
[[Page 27437]]
Sec. 2.19 Under Secretary for Food, Nutrition, and Consumer Services.
(a) * * *
(1) * * *
(i) Administer the following legislation:
(A) the Food Stamp Act of 1977, as amended (7 U.S.C. 2011-2032).
(B) Richard B. Russell National School Lunch Act, as amended (42
U.S.C. 1751-1769h), except procurement of agricultural commodities and
other foods under section 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).
(E) Section 301 of the Healthy Meals for Healthy Americans Act of
1994 (Pub. L. 103-448).
(F) Section 4402 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 3007).
* * * * *
(vi) Administer those functions under title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1612) relating to the eligibility of aliens for benefits under
the domestic food assistance programs.
* * * * *
0
8. Amend Sec. 2.20 as follows:
0
a. Revise paragraphs (a)(3)(iv)(E), (a)(3)(xiii), (a)(3)(xvi), and
(a)(3)(xviii),
0
b. Remove paragraph (a)(3)(xix) and (a)(9),
0
c. Redesignate paragraph (a)(3)(xx) as (xix) and paragraph (a)(3)(xxii)
as paragraph (a)(3)(xii). The revisions read as follows:
Sec. 2.20 Under Secretary for Natural Resources and Environment.
(a) * * *
(3) * * *
(iv) * * *
(E) The Watershed Protection and Flood Prevention Program under 16
U.S.C. 1001-1010, including rehabilitation of water resource structural
measures constructed under certain Department of Agriculture programs
under 16 U.S.C. 1012, except for responsibilities assigned to the Under
Secretary for Rural Development.
* * * * *
(xiii) Except as otherwise delegated, administer natural resources
conservation authorities, including authorities related to programs of
the Commodity Credit Corporation that provide assistance with respect
to natural resources conservation, under Title XII of the Food Security
Act of 1985 (the Act), as amended (16 U.S.C. 3801 et seq.), including
the following:
(A) Technical assistance related to 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 the Conservation Reserve
Program authorized by sections 1231-1235A of the Act (16 U.S.C. 3831-
3835a).
(C) The Wetlands Reserve Program and the Emergency Wetlands Reserve
Program authorized by sections 1237-1237F of the Act (16 U.S.C. 3837-
3837f) and the Emergency Supplemental Appropriations for Relief from
the Major, Widespread Flooding in the Midwest Act, Public Law 103-75.
(D) The Conservation Security Program authorized by sections 1238-
1238C (16 U.S.C. 3838-3838c).
(E) The Farmland Protection Program authorized by sections 1238H-
1238I of the Act (16 U.S.C. 3838h-3838i).
(F) The Farm Viability Program authorized by section 1238J of the
Act (16 U.S.C. 3838j).
(G) The Environmental Easement Program authorized by sections 1239-
1239D of the Act (16 U.S.C. 3839-3839d).
(H) The Environmental Quality Incentives Program authorized by
sections 1240-1240I of the Act (16 U.S.C. 3839aa-3839aa-9).
(I) The conservation of private grazing lands authorized by section
1240M of the Act (16 U.S.C. 3839bb).
(J) The Wildlife Habitat Incentives Program authorized by section
1240N of the Act (16 U.S.C. 3839bb-1).
(K) The program for soil erosion and sedimentation control in the
Great Lakes basin authorized by section 1240P of the Act (16 U.S.C.
3839bb-3).
(L) The delivery of technical assistance under section 1242 of the
Act (16 U.S.C. 3842), including the approval of persons or entities
outside of USDA to provide technical services.
(M) The authority for partnerships and cooperation provided by
section 1243 of the Act (16 U.S.C. 3843), except for responsibilities
assigned to the Under Secretary for Farm and Foreign Agricultural
Services.
(N) The incentives for beginning farmers and ranchers and Indian
tribes and the protection of certain proprietary information related to
natural resources conservation programs as provided by section 1244 of
the Act (16 U.S.C. 3844), except for responsibilities assigned to the
Under Secretary for Farm and Foreign Agricultural Services.
* * * * *
(xvi) Administer the following provisions of the Farm Security and
Rural Investment Act of 2002 with respect to functions otherwise
delegated to the Under Secretary for Natural Resources and Environment:
(A) The equitable relief provisions of section 1613 (7 U.S.C.
7996).
(B) The tracking of benefits under section 1614 (7 U.S.C. 7997).
(C) The development of a plan and related report to coordinate land
retirement and agricultural working land conservation programs under
section 2005 (16 U.S.C. 3801 note).
* * * * *
(xviii) Administer the agricultural management assistance
provisions of section 524(b) of the Federal Crop Insurance Act, as
amended (7 U.S.C. 1524(b)), except for responsibilities assigned to the
Under Secretary for Farm and Foreign Agricultural Services.
* * * * *
0
9. Amend Sec. 2.21 as follows:
0
a. Remove and reserve paragraphs (a)(1)(xxvi), (a)(1)(lxiii),
(a)(1)(lxxxvii), (a)(1)(cxxii), and (a)(1)(cxlii);
0
b. Revise paragraphs (a)(1)(x), (a)(1)(xxxi), (a)(1)(xxxv),
(a)(1)(liii), (a)(1)(ciii), (a)(1)(cxli), (a)(1)(clvii), and
(a)(1)(clxiv);
0
c. Add new paragraphs (a)(1)(lv), (a)(1)(lxxviii), (a)(1)(lxxxii),
(a)(1)(lxxxiii), (a)(1)clxxii) through (a)(1)(clxxxii), and (a)(8)(xiv)
through (a)(1)(xvi); to read as follows:
Sec. 2.21 Under Secretary for Research, Education, and Economics.
(a) * * *
(1) * * *
(x) Evaluate, assess, and report to congressional agriculture
committees on the merits of proposals for agricultural research
facilities in the States, and ensure that each research activity
conducted by an Agricultural Research Service facility serves a
national or multistate need (7 U.S.C. 390 et seq.).
* * * * *
(xxvi) [Removed and reserved]
* * * * *
(xxxi) Make grants and enter into contracts and other agreements
for outreach and technical assistance to socially disadvantaged farmers
and ranchers (7 U.S.C. 2279(a)(3)).
* * * * *
(xxxv) Administer, in cooperation with land-grant colleges and
universities where applicable, a rural development research and
extension program, a small farm research and extension program, and a
rural health and safety education program under the Rural Development
Act of 1972, as amended (7 U.S.C. 2661-2667).
* * * * *
(liii) Provide policy direction and coordinate the Department's
work with
[[Page 27438]]
national and international institutions and other persons throughout
the world in the performance of agricultural research, extension,
teaching, and development activities; administer a program of
competitive grants for collaborative projects involving Federal
scientists or scientists from colleges and universities working with
scientists at international agricultural research centers in other
nations focusing either on new technologies and programs for increasing
the production of food and fiber or training scientists and a program
of competitive grants to colleges and universities to strengthen United
States economic competitiveness and to promote international market
development; establish a program in coordination with the Foreign
Agricultural Service to place interns from United States colleges and
universities at Foreign Agricultural Service field offices overseas;
and provide a biennial report to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate on efforts of the Federal Government to
coordinate international agricultural research within the Federal
Government, and to more effectively link the activities of domestic and
international agricultural researchers, particularly researchers of the
Agricultural Research Service (7 U.S.C. 3291, 3292b).
* * * * *
(lv) Administer a program of competitive grants to colleges and
universities and State cooperative institutions for the acquisition of
special purpose scientific research equipment for use in the food and
agricultural sciences (7 U.S.C. 3310a).
* * * * *
(lxiii) [Removed and reserved]
(lxxviii) Administer a rural electronic commerce extension program
through grants to regional rural development centers and competitive
grants to land-grant colleges and universities and to colleges and
universities (including community colleges) with agricultural or rural
development programs (7 U.S.C. 5923).
* * * * *
(lxxxii) Administer competitive grants to support research and
extension activities regarding organically grown and processed
agricultural commodities (7 U.S.C. 5925b).
(lxxxiii) Facilitate access, through the Economic Research Service
and the Agricultural Research Service (including the National
Agricultural Library), by research and extensions professionals,
farmers, and other interested persons in the United States to, and the
use by those persons of, organic research conducted outside the United
States (7 U.S.C. 5925d).
* * * * *
(lxxxvii) [Removed and reserved]
* * * * *
(ciii) Administer a cooperative forestry program in accordance with
the McIntire-Stennis Cooperative Forestry Act, and administer a
competitive forestry, natural resources, and environmental grant
program (16 U.S.C. 582A-582A-8).
* * * * *
(cxxii) [Removed and reserved]
* * * * *
(cxli) Implement and administer the Community Food Projects Program
and the Innovative Programs for Addressing Common Community Problems
pursuant to the provisions of section 25 of the Food Stamp Act of 1977
(7 U.S.C. 2034).
(cxlii) [Removed and reserved]
* * * * *
(clvii) Administer an Initiative for Future Agriculture and Food
Systems (7 U.S.C. 7621).
* * * * *
(clxiv) Administer grants to consortia of land-grant colleges and
universities to enhance the ability of the consortia to carry out
multi-State research projects aimed at understanding and combating
diseases of wheat, triticale, and barley caused by Fusarium graminearum
and related fungi or Tilletia indica and related fungi (7 U.S.C. 7628).
* * * * *
(clxxii) Cooperate with other Federal agencies (including the
National Science Foundation) in issuing joint requests for proposals,
awarding grants, and administering grants under any competitive
agricultural research, education, or extension grant program (7 U.S.C.
3319b).
(clxxiii) Administer a program of competitive grants, establish
education teams, and establish an online clearinghouse of curricula and
training materials and programs, all for training, education, outreach,
and technical assistance initiatives for the benefit of beginning
farmers and ranchers (7 U.S.C. 3319f).
(clxxiv) Administer agricultural research, education, and extension
activities (including through competitive grants), using any authority
available to the Secretary, to reduce the vulnerability of the United
States food and agricultural system to chemical or biological attack,
to continue partnerships with institutions of higher education and
other institutions to help form stable, long-term programs to enhance
the biosecurity of the United States, to make competitive grants to
universities and qualified research institutions for research on
counterbioterrorsims, and to counter or otherwise respond to chemical
or biological attack (7 U.S.C. 3351).
(clxxv) Administer a program of competitive grants to colleges and
universities for expansion and security upgrades to enhance the
security of agriculture against bioterrorism threats (7 U.S.C. 3352).
(clxxvi) Administer programs for distance education grants and
resident instruction grants to eligible institutions in insular areas
that have demonstrable capacity to carry out teaching and extension
programs in the food and agricultural sciences (7 U.S.C. 3361-3363).
(clxxvii) Develop and implement a program to communicate with the
public regarding the use of biotechnology in producing food for human
consumption (7 U.S.C. 5921a).
(clxxviii) Administer a program of cooperative research (including
through competitive award of grants and cooperative agreements to
colleges and universities) and extension projects on carbon cycling in
soils and plants, the exchange of other greenhouse gases from
agriculture, and the carbon sequestration benefits of conservation
practices (7 U.S.C. 6711).
(clxxix) Administer a program, in coordination with State
veterinarians and other appropriate State animal health professionals,
to conduct research, testing, and evaluation of programs for the
control and management of Johne's disease in livestock (7 U.S.C. 7629).
(clxxx) Administer a program of grants to the Girl Scouts of the
United States of America, the Boy Scouts of America, the National 4-H
Council, and the National FFA Organization to establish pilot projects
to expand the programs carried out by the organizations in rural areas
and small towns (7 U.S.C. 7630).
(clxxxi) Oversee implementation of the termination of Federal
schedule A civil service appointments of State agricultural extension
employees at land-grant colleges and universities (section 7220 of Pub.
L. 107-171).
(clxxxii) Administer a program of grants to the Food and
Agricultural Policy Research Institute (section 10805 of Pub. L. 107-
171).
* * * * *
(8) * * *
(xiv) Ensure that segregated data on the production and marketing
of organic
[[Page 27439]]
agricultural products is included in the ongoing baseline of data
collection regarding agricultural production and marketing (7 U.S.C.
5925c).
(xv) Administer a program of mandatory reporting for dairy products
and substantially identical products (7 U.S.C. 1637a, 1637b).
(xvi) Include in each issuance of projections of net farm income an
estimate of the net farm income earned by commercial producers in the
United States that will in addition show the estimate of net farm
income attributable to commercial producers of livestock, loan
commodities, and agricultural commodities other than loan commodities
(7 U.S.C. 7998).
* * * * *
0
10. Amend Sec. 2.22 to revise the heading, the introductory text of
paragraph (a), and paragraphs (a)(5) and (b)(2), and to add new
paragraphs (a)(1)(viii)(CCC) through (a)(1)(viii)(FFF), (a)(2)(xlvii),
(a)(2)(xlviii), (a)(2)(xlix), (a)(2)(xlx) to read as follows:
Sec. 2.22 Under Secretary for Marketing and Regulatory Programs
(a) The following delegations of authority are made by the
Secretary to the Under Secretary for Marketing and Regulatory Programs:
* * * * *
(1) * * *
(viii) Exercise the functions of the Secretary of Agriculture with
respect to the following programs:
(CCC) Farmers' Market Promotion Program (7 U.S.C. 2005).
(DDD) National Organic Certification Cost-Share Program (7 U.S.C.
6523).
(EEE) Exemption of Certified Organic Products from Assessment (7
U.S.C. 7401).
(FFF) Country of Origin Labeling (7 U.S.C. 1638-1638(d)).
(GGG) Hass Avocado Promotion, Research, and Consumer Information
Act of 2000 (7 U.S.C. 7801-7813).
* * * * *
(2) * * *
(xlvii) Animal Health Protection Act (7 U.S.C. 8301-8317).
(xlviii) Section 10504 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8318).
(xlix) Title V of the Agricultural Risk Protection Act of 2000 (7
U.S.C. 2279e and 2279f).
(xlx) The responsibilities of the United States related to
activities of the Office of International des Epizooties.
* * * * *
(5) Related to defense and emergency preparedness.
(i) 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
protection of livestock, poultry and crops and products thereof from
biological and chemical warfare; and utilization or disposal of
livestock and poultry exposed to radiation.
(ii) Title II, Subtitles B and C, of the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002 (7 U.S.C. 8401 note,
8401, 8411).
* * * * *
(b) * * *
(2) Related to animal and plant health inspection.
(i) Determination that an emergency or extraordinary emergency
exists under the Animal Health Protection Act (7 U.S.C. 8306, 8316).
(ii) Determination that an emergency or extraordinary emergency
exists under the Plant Protection Act (7 U.S.C. 7715, 7772).
(iii) Approval of requests for apportionment of reserves for the
control of outbreaks of insects, plant diseases, and animal diseases to
the extent necessary to meet emergency conditions (31 U.S.C. 1512).
* * * * *
Sec. 2.23 [Amended]
0
11. Remove in Sec. 2.23 paragraphs (a)(2)(v) and (a)(3).
0
12. Amend Sec. 2.24 as follows:
0
a. Revise paragraphs (a)(4)(viii), (a)(5)(i), (a)(6)(vii),
(a)(6)(ix)(L), (a)(6)(ix)(M), (a)(9), (a)(10), and (a)(17),
0
b. Remove and reserve paragraphs (a)(3), (a)(4)(ii), (a)(6)(x)(T),
(a)(7)(xv), and (a)(14),
0
c. Remove paragraph (a)(14) added at 65 FR 77756, Dec. 13, 2003,
0
d. Add new paragraphs (a)(6)(xxv), (a)(6)(xxvi), (a)(18), (a)(19), and
(a)(20) to read as follows:
Sec. 2.24 Assistant Secretary for Administration.
(a) * * *
(3) [Removed and reserved]
(4) * * *
(ii) [Removed and reserved]
* * * * *
(viii) Establish requirements and procedures for reporting agency
outreach status and accomplishments including Departmental reporting
under the Outreach and Assistance for Socially Disadvantaged Farmers
and Ranchers Program (7 U.S.C. 2279).
(5) * * *
(i) Provide services for Department headquarters in the Washington,
DC metropolitan area and at emergency relocation sites and certain
critical facilities specified by the Assistant Secretary for
Administration in the following areas:
(A) Acquiring, leasing, utilizing, constructing, maintaining, and
disposing of real and personal property, including control of space
assignments;
(B) Acquiring, storing, distributing, and disposing of forms;
(C) Mail management and all related functions; and
(D) Occupational health services and related functions.
* * * * *
(6) * * *
(vii) Authorize and make final decisions on adverse actions, except
in those cases where the Assistant Secretary for Administration has
participated.
* * * * *
(ix) * * *
(L) Authorize and make final decisions on adverse actions for
positions in GS-1-15 or equivalent;
(M) Authorize and make final decisions on adverse actions for
positions in the career Senior Executive Service or equivalent;
* * * * *
(x) * * *
(T) [Removed and reserved]
* * * * *
(xxv) Formulate and issue Department policy, standards, rules, and
regulations relating to the Senior Scientific Research Service (7
U.S.C. 7657).
(xxvi) Redelegate, as appropriate, any authority delegated under
paragraph (a)(6) to general officers of the Department and heads of
Departmental agencies.
(7) * * *
(xv) [Removed and reserved]
* * * * *
(9) Related to emergency preparedness. Provide guidance to the
development and administration of the Department's Continuity of
Operations Plan and to USDA participation in the Continuity of
Government Plan. This includes:
(i) Managing the Department Emergency Operations Center and
alternate facilities.
(ii) Providing guidance and direction regarding continuity of
operations to Departmental staff offices, mission areas, and agencies.
(iii) Representing and acting as liaison for the Department in
contacts with other Federal entities and organizations concerning
matters of assigned responsibilities.
(iv) Overseeing Department continuity of operations, planning, and
emergency relocation facilities to ensure that resources are in a
constant state of readiness.
(10) Related to compliance with environmental laws and
environmental
[[Page 27440]]
management systems. (i) Take action pursuant to Executive Order 12088,
3 CFR, 1978 Comp., p. 243, to comply with environmental pollution
control laws with respect to facilities and activities under his or her
authority, including, but not limited to, entering into inter-agency
agreements, administrative consent orders, consent judgments, or other
agreements with the appropriate Federal, State, interstate, or local
agencies to achieve and maintain compliance with applicable pollution
control standards.
(ii) Provide program leadership and oversight for USDA compliance
with applicable pollution control laws and executive orders, including
Executive Order 13148, Greening of the Government Through Leadership in
Environmental Management.
(iii) Provide program leadership and coordination for USDA's energy
conservation and energy efficiency activities, and serve as USDA's
principal Energy Conservation Officer, pursuant to Executive Order
13123, Greening of the Government Through Efficient Energy Management.
(iv) Promulgate policies, standards, techniques, and procedures,
and represent the Department, in prevention, control, and abatement of
pollution with respect to Federal facilities and activities under the
control of the Department (Executive Order 12088, 3 CFR, 1978 Comp., p.
243).
(v) Review and approve exemptions for USDA contracts, subcontracts,
grants, agreements, and loans from the requirements of the Clean Air
Act, as amended (42 U.S.C. 7401, et seq.), the Clean Water Act, as
amended (33 U.S.C. 1251, et seq.), and Executive Order 11738, 3 CFR,
1971-1975 Comp., p. 799, when he or she determines that the paramount
interest of the United States so requires as provided in these acts and
Executive Order and the regulations of the Environmental Protection
Agency (40 CFR 32.215(b)).
(vi) Coordinate USDA waste prevention, recycling, and procurement,
acquisition and use of recycled products and environmentally preferable
products, including biobased products, and services, and serve as a
USDA Environmental Executive, pursuant to Executive Order 13101.
(vii) Serve on the USDA Hazardous Materials Policy Council.
(viii) Represent USDA in consulting or working with the
Environmental Protection Agency (EPA), the Council on Environmental
Quality, the Domestic Policy Council, and others to develop policies
relating to hazardous materials management and Federal facilities
compliance with applicable pollution control laws.
(ix) Monitor, review, evaluate, and oversee hazardous materials
management program activities and compliance Department-wide.
(x) Monitor, review, evaluate, and oversee USDA agency expenditures
for hazardous materials management program accomplishments.
(xi) Prepare for the USDA Hazardous Materials Policy Council the
Hazardous Materials Management Program budget request to the Office of
Management and Budget (OMB) and Congress, prepare accomplishment
reports to Congress, OMB, and EPA, and take a lead role in the
preparation of replies to Congressional inquires.
(xii) Represent USDA on the National Response Team on hazardous
spills and oil spills pursuant to the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended (42
U.S.C. 9601, et seq.); the Clean Water Act, as amended (33 U.S.C. 1251,
est seq.); Oil Pollution Act, as amended (33 U.S.C. 2701, et seq.);
Executive Order 12580, 3 CFR, 1987 Comp., p. 193; Executive Order
12777, 3 CFR, 1991 Comp., p. 351, and the National Oil and Hazardous
Substances Contingency Plan, 40 CFR Part 300.
(xiii) Approve disbursements from the New World Mine Response and
Restoration Account, approve the New World Mine Response and
Restoration Plan, and make quarterly reports to Congress under Sections
502(d) and (f) of Title V of the Department of the Interior and Related
Agencies Appropriations Act of 1998, Public Law 105-83.
(xiv) Ensure that the Hazardous Materials Management Program
Department-wide is accomplished with regard to, and in compliance with,
Executive Order 12898, Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations.
(xv) Take such action as may be necessary, with the affected agency
head and with the concurrence of the General Counsel, including
issuance of administrative orders and agreements with any person to
perform any response action under sections 106(a) and 122 (except
subsection (b)(1)) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9606(a),
9622), pursuant to sections 4(c)(3) and 4(d)(3) of Executive Order
12580, as amended by Executive Order 13016.
* * * * *
(14) [Removed and reserved]
* * * * *
(17) Related to budget and finance. Exercise general financial and
budget authority over all organizations assigned to the Assistant
Secretary for Administration.
(18) Related to historic preservation. Administer the
implementation of the National Historic Preservation Act of 1966, 16
U.S.C. 470 et seq., Executive Order 11593, 3 CFR, 1971-1975 Comp., p.
559, and regulations of the Advisory Council on Historic preservation,
36 CFR part 800, for the Department of Agriculture with authority to
name the Secretary's designee to the Advisory Council on Historic
Preservation.
(19) Related to interactions with American Indians. Serve as the
official with the principal responsibility for the implementation of
Executive order 13175, including consultation and collaboration with
tribal officials, and coordinate the Department's programs involving
assistance to American Indians and Alaska Natives.
(20) Relating to personnel security and the safeguarding of
national security information:
(i) Direct and administer USDA's personnel security and public
trust programs established pursuant to Executive Order 12968, Access to
Classified Information (3 CFR 1995 Comp. pp 391-402) and 5 CFR 731.
(ii) Manage the personnel security functions of the Department
including programs for eligibility access determinations, obtaining
security clearances for USDA employees, denial or revocation of access
to national security information, and developing and promulgating
policies and training.
(iii) Direct and administer USDA's program under which information
is safeguarded pursuant to Executive Order 12958, Classified National
Security Information.
(iv) Establish Information Security (INFOSEC) policies and
procedures for classifying, declassifying, safeguarding, and disposing
of classified national security information and materials.
(v) Establish procedures under which authorized holders of
information may challenge the classification of information believed to
be improperly classified or unclassified.
(vi) Take corrective action for violations or infractions under
section 5.7, par. (b), of Executive Order 12958.
(vii) Develop and maintain a secure facility for the receipt and
safeguarding of classified material.
(viii) Coordinate security activities with the Chief Information
Officer who
[[Page 27441]]
has primary responsibility for PDD 63, Critical Infrastructure
Assurance.
* * * * *
0
13. Redesignate Sec. 2.25 to Subpart C and revise to read as follows:
Sec. 2.25 Assistant Secretary for Civil Rights.
(a) The following delegations of authority are made by the
Secretary to the Assistant Secretary for Civil Rights:
(1) Provide overall leadership, coordination, and direction for the
Department's programs of civil rights, including program delivery,
compliance, and equal employment opportunity, with emphasis on the
following:
(i) Actions to enforce Title VI of the Civil Rights Act of 1964, 42
U.S.C. 2000d, prohibiting discrimination in Federally assisted
programs.
(ii) Actions to enforce Title VII of the Civil Rights Act of 1964,
as amended, 42 U.S.C. 2000e, prohibiting discrimination in Federal
employment.
(iii) Actions to enforce Title IX of the Education Amendments of
1972, 20 U.S.C. 1681, et seq., prohibiting discrimination on the basis
of sex in USDA education programs and activities funded by the
Department.
(iv) Actions to enforce the Age Discrimination Act of 1975, 42
U.S.C. 6102, prohibiting discrimination on the basis of age in USDA
programs and activities funded by the Department.
(v) Actions to enforce Section 504 of the Rehabilitation Act of
1973, as amended, 29 U.S.C. 794, prohibiting discrimination against
individuals with disabilities in USDA programs and activities funded by
the Department.
(vi) Actions to enforce section 504 of the Rehabilitation Act of
1973, as amended, 29 U.S.C. 794, prohibiting discrimination against
individuals with disabilities in USDA conducted programs.
(vii) Actions to enforce Title II of the Americans with
Disabilities Act of 1990, as amended, 42 U.S.C. 12131, et seq.,
prohibiting discrimination against individuals with disabilities in
State and local government services.
(viii) Actions to enforce related Executive Orders, Congressional
mandates, and other laws, rules, and regulations, as appropriate.
(ix) Actions to develop and implement the Department's Federal
Women's Program.
(x) Actions to develop and implement the Department's Hispanic
Employment Program.
(2) Evaluate Departmental agency programs, activities, and impact
statements for civil rights concerns.
(3) Provide leadership and coordinate Departmental agencies and
systems for targeting, collecting, analyzing, and evaluating program
participation data and equal employment opportunity data.
(4) Provide leadership and coordinate Departmentwide programs of
public notification regarding the availability of USDA programs on a
nondiscriminatory basis.
(5) Coordinate with the Department of Justice on matters relating
to Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), Title IX
of the Education Amendments of 1972 (20 U.S.C. 1681, et seq.), and
section 504 of Rehabilitation Act of 1973, as amended (29 U.S.C. 794),
except those matters in litigation, including administrative
enforcement actions, which shall be coordinated by the Office of the
General Counsel.
(6) Coordinate with the Department of Health and Human Services on
matters relating to the Age Discrimination Act of 1975, 42 U.S.C. 6102,
except those matters in litigation, including administrative
enforcement actions, which shall be coordinated by the Office of the
General Counsel.
(7) Order proceedings and hearings in the Department pursuant to
Sec. Sec. 15.9(e) and 15.86 of this title which concern consolidated
or joint hearings within the Department or with other Federal
departments and agencies.
(8) Order proceedings and hearings in the Department pursuant to
Sec. 15.8 of this title after the program agency has advised the
applicant or recipient of his or her failure to comply and has
determined that compliance cannot be secured by voluntary means.
(9) Issue orders to give a notice of hearing or the opportunity to
request a hearing pursuant to part 15 of this title; arrange for the
designation of an Administrative Law Judge to preside over any such
hearing; and determine whether the Administrative Law Judge so
designated will make an initial decision or certify the record to the
Secretary of Agriculture with his or her recommended findings and
proposed action.
(10) Authorize the taking of action pursuant to Sec. 15.8(a) of
this title relating to compliance by ``other means authorized by law.''
(11) Make determinations required by Sec. 15.8(d) of this title
that compliance cannot be secured by voluntary means, and then take
action, as appropriate.
(12) Make determinations, after legal sufficiency reviews by the
Office of the General Counsel, that program complaint investigations
performed under Sec. 15.6 of this title establish a proper basis for
findings of discrimination, and that actions taken to correct such
findings are adequate.
(13) Perform investigations and make final determinations, after
legal sufficiency reviews by the Office of the General Counsel, on both
the merits and required corrective action, as to complaints filed under
part 15d of this title.
(14) Conduct investigations and compliance reviews Departmentwide.
(15) Develop regulations, plans, and procedures necessary to carry
out the Department's civil rights programs, including the development,
implementation, and coordination of Action Plans.
(16) Coordinate the Department's affirmative employment program,
special emphasis programs, Federal Equal Opportunity Recruitment
Program, equal employment opportunity evaluations, and development of
policy.
(17) Provide liaison on equal employment opportunity programs and
activities with the Equal Employment Opportunity Commission and the
Office of Personal Management.
(18) Monitor, evaluate, and report on agency compliance with
established policy and Executive Orders which further the participation
of historically Black colleges and universities, the Hispanic-serving
institutions, 1994 tribal land grant institutions, and other colleges
and universities with substantial minority group enrollment in
Departmental programs and activities.
(19) Is designated as the Department's Director of Equal Employment
Opportunity with authority to perform the functions and
responsibilities of that position under 29 CFR part 1614, including the
authority to make changes in programs and procedures designed to
eliminate discriminatory practices and improve the Department's program
for Equal Employment Opportunity (EEO), to provide equal opportunity
services for managers and employees, and to make final agency
decisions, after legal sufficiency reviews by the Office of the General
Counsel, on EEO complaints by Department employees or applicants for
employment and order such corrective measures in such complaints as may
be considered necessary, including the recommendation for such
disciplinary action as is warranted when an employee has been found to
have engaged in a discriminatory practice.
(20) Maintain liaison with historically Black colleges and
universities, the Hispanic-serving institutions, 1994 tribal land grant
institutions, and other colleges and universities with substantial
minority group enrollment, and assist Department agencies in
strengthening such institutions by
[[Page 27442]]
facilitating institutional participation in Department programs and
activities and by encouraging minority students to pursue curricula
that could lead to careers in the food and agricultural sciences.
(21) Administer the Department's EEO Program.
(22) Oversee and manage the EEO counseling function for the
Department.
(23) Administer the discrimination appeals and complaints program
for the Department, including all formal individual or group appeals,
where the system provides for an avenue of redress to the Department
level, Equal Employment Opportunity Commission, or other outside
authority.
(24) Process formal EEO discrimination complaints by employees or
applicants for employment.
(25) Investigate Department EEO and program discrimination
complaints.
(26) Make final decisions, after legal sufficiency reviews by the
Office of the General Counsel, or both EEO and program discrimination
complaints, except in those cases where the Assistant Secretary has
participated in the events that gave rise to the matter.
(27) Order such corrective measures in EEO complaints as may be
considered necessary, including the recommendation for such
disciplinary action as is warranted when an employee has been found to
engage in a discriminatory practice.
(28) Provide liaison on EEO matters concerning complaints and
appeals with the Department agencies and Department employees.
(29) Make final determinations, or enter into settlement
agreements, after legal sufficiency reviews by the Office of the
General Counsel, on discrimination complaints in conducted programs
subject to the Equal Credit Opportunity Act. This delegation includes
the authority to make compensatory damage awards whether pursuant to a
final determination or in a settlement agreement under the authority of
the Equal Credit Opportunity Act and the authority to obligate agency
funds, including CCC and FCIC funds to satisfy such an award.
(30) Require corrective action on findings on discrimination on
program complaints and recommend to the Secretary that relief be
granted under 7 U.S.C. 6998(d), notwithstanding the finality of
National Appeals Divisions decisions.
(31) Make final determinations in proceedings under part 15f of
this title where review of an administrative law judge decision is
undertaken.
(32) Provide civil rights and equal employment opportunity support
services, with authority to take actions required by law or regulation
to perform such services for:
(i) The Secretary of Agriculture.
(ii) The general officers of the Department.
(iii) The offices and agencies reporting to the Assistant Secretary
for Administration.
(iv) Any other offices or agencies of the Department as may be
agreed.
Subpart D--Delegations of Authority to Other General Officers and
Agency Heads
0
14. Add to Sec. 2.29 new paragraphs (a)(11)(vii), (a)(11)(viii) and
(a)(11)(ix) to read as follows:
Sec. 2.29 Chief Economist.
(a) * * *
(11) * * *
(vii) Establish guidelines for use in the Federal procurement of
biobased products in consultation with the Administrators of the
Environmental Protection Agency and General Services and the Director,
National Institute of Standards and Technology, and establish, in
consultation with the Administrator of the Environmental Protection
Agency, a voluntary ``USDA Certified Biobased Product'' labeling
program (7 U.S.C. 8102).
(viii) Administer a competitive biodiesel fuel education grants
program (7 U.S.C. 8104).
(ix) Implement a memorandum of understanding with the Secretary of
Energy regarding cooperation in the application of hydrogen and fuel
cell technology programs for rural communities and agricultural
producers (7 U.S.C. 8107).
0
15. Revise Sec. 2.32 to read as follows:
Sec. 2.32 Director, Homeland Security Staff.
(a) The following delegations of authority are made by the
Secretary to the Director, Homeland Security Staff:
(1) Administer the Department Emergency Preparedness Program. This
includes the:
(i) Coordination of the delegations and assignments made to the
Department under the Defense Production Act, 50 U.S.C. App. 2061, et
seq., and the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121, et seq., by Executive Orders 12148,
``Federal Emergency Management,'' and 12919, ``National Defense
Industrial Resources Preparedness,'' and Executive Order 12656,
November 18, 1988, ``Assignment of Emergency Preparedness
Responsibilities,'' or any successor to these Executive Orders, to
ensure that the Department has sufficient capabilities to respond to
any occurrence, including natural disaster, military attack,
technological emergency, or any other emergency.
(ii) Activation of the USDA incident management system and the
Federal Response Plan responsibilities in the event of a major
incident;
(iii) Establishment and oversight of a Departmentwide Incidence
Command training program.
(iv) Development and promulgation of policies for the Department
regarding emergency preparedness and national security, including
matters relating to anti-terrorism and agriculture-related emergency
preparedness planning both national and international; and guidance to
USDA state and county emergency boards.
(v) Representation and liaison for the Department in contacts with
other Federal entities and organizations, including the Office of
Homeland Security (or successor organization), the Federal Emergency
Management Agency, the National Security Council, the Office of
Management and Budget, concerning matters of a national security,
natural disaster, other emergencies, and agriculture-related
international civil emergency planning and related activities, and as
the primary USDA representative for anti-terrorism activities.
(vi) Development and submission of a coordinated budget request for
homeland security.
(2) Serve as the USDA focal point to identify, receive, disseminate
and store USDA intelligence requirements and convey information to the
intelligence community.
(3) Serve as the primary point of contact for GAO and OIG audits of
USDA homeland security activities.
(4) Coordinate interaction between Department agencies and private
sector businesses and industries in emergency planning and public
education under Department authorities delegated or assigned under the
Federal Response Plan, the Defense Production Act 50 U.S.C. App. 2061,
et seq., and Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121, et seq.
(5) Serve as the document classification authority for the
Department.
(6) Provide staff support to the USDA Homeland Security Council.
(b) [Reserved]
0
16. Add to Sec. 2.34 paragraph (c) to read as follows:
Sec. 2.34 Director, National Appeals Division
* * * * *
[[Page 27443]]
(c) Prepare a report each year on the number of requests for
equitable relief and the disposition of such requests for inclusion in
the report of the Secretary to Congress on equitable relief requests
made to the Department under farm and conservation programs (7 U.S.C.
7996(g)(2).
0
17. Revise Sec. 2.35 to read as follows:
Sec. 2.35 Judicial Officer.
(a) Pursuant to the Act of April 4, 1940, as amended (7 U.S.C.
450c-450g), and Reorganization Plan No. 2 of 1953 (5 U.S.C. app.), the
Secretary of Agriculture makes the following delegations of authority
to the Judicial Officer. The Judicial Officer is authorized to:
(1) Act as final deciding officer in adjudicatory proceedings
subject to 5 U.S.C. 556 and 557;
(2) Act as final deciding officer in adjudicatory proceedings which
are or may be subject to the ``Rules of Practice Governing Formal
Adjudicatory Proceedings Instituted by the Secretary Under Various
Statutes'' set forth in part 1, subpart H, of this title;
(3) Act as final deciding officer in adjudicatory proceedings which
are or may be subject to the ``Rules of Practice Governing Cease and
Desist Proceedings Under Section 2 of the Capper-Volstead Act'' set
forth in part 1, subpart I, of this title;
(4) Act as final deciding officer in adjudicatory proceedings
subject to the ``Procedures Related to Administrative Hearings Under
the Program Fraud Civil Remedies Act of 1986'' set forth in part 1,
subpart L, of this title;
(5) Act as final deciding officer in adjudicatory proceedings
subject to the ``Rules of Practice Governing Adjudication of Sourcing
Area Applications and Formal Review of Sourcing Areas Pursuant to the
Forest Resources Conservation and Shortage Relief Act of 1990 (16
U.S.C. 620, et seq.)'' set forth in part 1, subpart M, of this title;
(6) Act as final deciding officer in rate proceedings under the
Packers and Stockyards Act, as amended and supplemented (7 U.S.C. 181-
229);
(7) Act as final deciding officer in reparation proceedings under
statutes administered by the United States Department of Agriculture;
(8) Act as final deciding officer in appeals under section 63 of
the Plant Variety Protection Act (7 U.S.C. 2443), and in reexamination
proceedings under section 91 of the Plant Variety Protection Act, as
amended (7 U.S.C.. 2501);
(9) Act as final deciding officer in adjudicatory proceedings under
section 359i of the Agricultural Adjustment Act of 1938, as amended (7
U.S.C. 1359ii); and
(10) Issue rules of practice applicable to proceedings conducted
under section 359i of the Agricultural Adjustment Act of 1938, as
amended (7 U.S.C. 1359ii).
(b) The delegation of authority from the Secretary of Agriculture
to the Judicial Officer in paragraph (a) of this section shall not be
construed to limit the authority of the Judicial Officer to perform any
functions, in addition to those identified in the Act of April 4, 1940,
as amended (7 U.S.C. 450c-450g), which may be assigned by the Secretary
of Agriculture to the Judicial Officer.
(c) As used in this section, the term Judicial Officer shall mean
any person or persons so designated by the Secretary of Agriculture.
Subpart F--Delegations of Authority by the Under Secretary for Farm
and Foreign Agricultural Services
0
18. Amend Sec. 2.42 to revise paragraph (a)(12) and add paragraph
(a)(45) through (a)(48) to read as follows:
Sec. 2.42 Administrator, Farm Service Agency.
(a) * * *
(12) 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 section 3107 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 1736o-1) (except for the
authority under section 3107(d) to designate federal agencies that is
reserved to the President), and payment and related services with
respect to export programs and barter operations.
* * * * *
(45) Administer all programs of the Commodity Credit Corporation
that provide assistance with respect to the production of agricultural
commodities, including disaster assistance and the domestic marketing
of such commodities, except as may otherwise be reserved by the Under
Secretary for Farm and Agricultural Services.
(46) Administer the following provisions of the Farm Security and
Rural Investment Act of 2002 with respect to functions otherwise
delegated to the Administrator, Farm Service Agency:
(i) The equitable relief provisions of section 1613 (7 U.S.C.
7996).
(ii) The tracking of benefits under section 1614 (7 U.S.C. 7997).
(iii) The development of a plan and related report to coordinate
land retirement and agricultural working land conservation programs
under section 2005 (16 U.S.C. 3801 note).
(47) Administer programs for Apple Loans and Emergency Loans for
Seed Producers under section 203(f) and 253, respectively, of the
Agricultural Risk Protection Act of 2000 (7 U.S.C. 1421 note, Pub. L.
106-224).
(48) Administer evaluations of direct and guaranteed loan programs
under section 5301 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1992 note).
* * * * *
0
19. Amend Sec. 2.43 to add paragraphs (a)(43) and (a)(44) to read as
follows:
Sec. 2.43 Administrator, Foreign Agricultural Service.
(a) * * *
(43) Implement provisions of the Trade Act of 1974 regarding
adjustment assistance for farmers. (19 U.S.C. 2401-2401g).
(44) Implement section 3107 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 1736o-1), except as otherwise
delegated in Sec. 2.42(a)(12) and except for the authority under
section 3107(d) to designate federal agencies that is reserved to the
President.
* * * * *
Subpart G--Delegations of Authority by the Under Secretary for
Rural Development
0
20. Amend Sec. 2.47 to revise paragraph (a)(4) and add paragraph and
(a)(15) to read as follows:
Sec. 2.47 Administrator, Rural Utilities Service.
(a) * * *
(4) Administer the following sections of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1921, et seq.):
(i) Section 306 (7 U.S.C. 1926), related to water and waste
facilities.
(ii) Section 306A (7 U.S.C. 1926a).
(iii) Section 306B (7 U.S.C. 1926b).
(iv) Section 306C (7 U.S.C. 1926c).
(v) Section 306D (7 U.S.C. 1926d).
(vii) Section 306E (7 U.S.C. 1926e).
(vii) 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.
(viii) Section 305 (7 U.S.C. 1926) relating to hazardous weather
early warning systems.
(ix) Section 310A (7 U.S.C. 1931), relating to watershed and
resource conservation and development.
[[Page 27444]]
(x) Section 310B(b) (7 U.S.C. 1932(b)).
(xi) Section 310B(i) (7 U.S.C. 1932(i)), relating to loans for
business telecommunications partnerships.
(xii) Section 342 (7 U.S.C. 1013p).
(xiii) Administrative Provisions of subtitle D of the Consolidated
Farm and Rural Development Act relating to Rural Utilities Service
activities.
(xiv) Section 379B (7 U.S.C. 2009;).
* * * * *
(15) Admnister the SEARCH Grants for Small Communities Program (7
U.S.C. 2009ee et seq.).
* * * * *
21. Amend Sec. 2.48 to revise paragraph (a)(27) and add new
paragraphs (a)(2)(vii), (a)(2)(viii), (a)(28), (a)(29) and (a)(30) to
read as follows:
Sec. 2.48 Administrator, Rural-Business Cooperative Service.
(a) * * *
(2) * * *
(vii) Section 378 (7 U.S.C., 2008m) relating to the National Rural
Development Partnership; and
(viii) Section 384A et seq. (7 U.S.C. 2009cc et seq.) relating to
the Rural Business Investment program.
* * * * *
(27) Administer the assets of the Alternative Agricultural Research
and Commercialization Corporation and the funds in the Alternative
Agricultural Research and Commercialization Fund in accordance with
section 6201 of the Farm Security and Rural Investment Act of 2000 (see
note to 7 U.S.C. 5901 (repealed)).
(28) Administer the Value-Added Agricultural Product Market
Development Grant program (note to 7 U.S.C. 1621).
(29) Administer the Agriculture Innovation Center Demonstration
program (note to 7 U.S.C. 1621).
(30) Administer the Renewable Energy Systems and Energy Efficiency
Improvements program (7 U.S.C. 8106).
* * * * *
0
22. Add to Sec. 2.49, paragraphs (a)(1)(iv) through (vi) and (a)(11)
to read as follows:
Sec. 2.49 Administrator, Rural Housing Service.
(a) * * *
(1) * * *
(iv) Section 379 (7 U.S.C. 2008n) relating to the Rural Telework
program.
(v) Section 379A (7 U.S.C. 2008o) relating to the Historic Barn
Preservation program.
(vi) Section 379C (7 U.S.C. 2008q) relating to the Farm Workers
Training Grant program.
* * * * *
(11) Administer the Rural Firefighters and Emergency Personnel
Grant program (7 U.S.C. 2655).
Subpart H--Delegations of Authority by the Under Secretary for Food
Safety
0
23. Add to Sec. 2.53, paragraph (a)(9), to read as follows:
Sec. 2.53 Administrator, Food Safety and Inspection Service.
(a) * * *
(9) Conduct an education program regarding the availability and
safety of processes and treatments that eliminate or substantially
reduce the level of pathogens on meat, meat food products, poultry, and
poultry products (21 U.S.C. 679b).
* * * * *
Subpart I--Delegations of Authority by the Under Secretary for
Food, Nutrition, and Consumer Services
0
24. Amend Sec. 2.57 to revise paragraph (a)(1) and add paragraph
(a)(14) to read as follows:
Sec. 2.57 Administrator, Food and Nutrition Service.
(a) * * *
(1) Administer the following legislation:
(i) The Food Stamp Act of 1977, as amended (7 U.S.C. 2011-2032).
(ii) Richard B. Russell National School Lunch Act, as amended (42
U.S.C. 1751-1769h), except procurement of agricultural commodities and
other foods under section 6 thereof.
(iii) Child Nutrition Act of 1966, as amended (42 U.S.C. 1771-
1790).
(iv) Sections 933-939 of the Food, Agriculture, Conservation, and
Trade Act Amendments of 1991 (7 U.S.C. 5930 note).
(v) Section 301 of the Healthy Meals for Healthy Americans Act of
1994 (Pub. L. 103-448).
(vi) Section 4402 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 3007).
* * * * *
(14) Administer those functions under title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1612) relating to the eligibility of aliens for benefits under
the domestic food assistance programs.
* * * * *
Subpart J--Delegations of Authority by the Under Secretary for
Natural Resources and Environment
0
25. Amend Sec. 2.61 to revise paragraphs (a)(4)(v), (a)(13), (a)(18),
and (a)(25) and remove and reserve paragraph (a)(19) to read as
follows:
Sec. 2.61 Chief, Natural Resources Conservation Service.
(a) * * *
(4) * * *
(v) The Watershed Protection and Flood Prevention Program under 16
U.S.C. 1001-1010, including rehabilitation of water resource structural
measures constructed under certain Department of Agriculture programs
under 16 U.S.C. 1012, except for responsibilities assigned to the Rural
Housing Service and the Forest Service.
* * * * *
(13) Administer natural resources conservation authorities,
including authorities related to programs of the Commodity Credit
Corporation that provide assistance with respect to natural resources
conservation, under Title XII of the Food Security Act of 1985 (the
Act), as amended (16 U.S.C. 3801 et seq.), including the following:
(i) Technical assistance related to the conservation of highly
erodible lands and wetlands pursuant to sections 1211-1223 of the Act
(16 U.S.C. 3811-3823);
(ii) Technical assistance related to the Conservation Reserve
Program authorized by sections 1231-1235A of the Act (16 U.S.C. 3831-
3835a);
(iii) The Wetlands Reserve Program and the Emergency Wetlands
Reserve Program authorized by sections 1237-1237F of the Act (16 U.S.C.
3837-3837f) and the Emergency Supplemental Appropriations for Relief
from the Major, Widespread Flooding in the Midwest Act, Pub. L. 103-75;
(iv) The Conservation Security Program authorized by sections 1238-
1238C (16 U.S.C. 3838-3838c);
(v) The Farmland Protection Program authorized by sections 1238H-
1238I of the Act (16 U.S.C. 3838h-3838i);
(vi) The Farm Viability Program authorized by section 1238J of the
Act (16 U.S.C. 3838j);
(vii) The Environmental Easement Program authorized by sections
1239-1239D of the Act (16 U.S.C. 3839-3839d);
(viii) The Environmental Quality Incentives Program authorized by
sections 1240-1240I of the Act (16 U.S.C. 3839aa-3839aa-9);
(xix) The conservation of private grazing lands authorized by
section 1240M of the Act (16 U.S.C. 3839bb);
(x) The Wildlife Habitat Incentives Program authorized by section
1240N of the Act (16 U.S.C. 3839bb-1);
(xi) The program for soil erosion and sedimentation control in the
Great Lakes basin authorized by section 1240P of the Act (16 U.S.C.
3839bb-3);
[[Page 27445]]
(xii) The delivery of technical assistance under section 1242 of
the Act (16 U.S.C. 3842), including the approval of persons or entities
outside of USDA to provide technical services;
(xiii) The authority for partnerships and cooperation provided by
section 1243 of the Act (16 U.S.C. 3843), except for responsibilities
assigned to the Under Secretary for Farm and Foreign Agricultural
Services; and
(xiv) The incentives for beginning farmers and ranchers and Indian
tribes and the protection of certain proprietary information related to
natural resources conservation programs as provided by section 1244 of
the Act (16 U.S.C. 3844), except for responsibilities assigned to the
Administrator, Farm Service Agency.
* * * * *
(18) Administer the agricultural management assistance provisions
of section 524(b) of the Federal Crop Insurance Act, as amended (7
U.S.C. 1524(b)), except for responsibilities assigned to the
Administrator, Risk Management Agency.
(19) [Removed and reserved]
* * * * *
(25) Administer the following provisions of the Farm Security and
Rural Investment Act of 2002 with respect to functions otherwise
delegated to the Chief, Natural Resources and Environment:
(i) The equitable relief provisions of section 1613 (7 U.S.C.
7996);
(ii) The tracking of benefits under section 1614 (7 U.S.c. 7997);
and
(iii) The development of a plan and related report to coordinate
land retirement and agricultural working land conservation programs
under section 2005 (16 U.S.C. 3801 note).
* * * * *
Subpart K--Delegations of Authority by the Under Secretary for
Research, Education, and Economics
0
26. Amend Sec. 2.65 to revise paragraphs (a)(40) and (a)(104) to read
as follows:
Sec. 2.65 Administrator, Agricultural Research Service.
(a) * * *
(40) Facilitate access, including through the National Agricultural
Library, by research and extension professionals, farmers, and other
interested persons in the United States to, and the use by those
persons of, organic research conducted outside the United States (7
U.S.C. 5925d).
* * * * *
(104) Administer grants to consortia of land-grant colleges and
universities to enhance the ability of the consortia to carry out
multi-State research projects aimed at understanding and combating
diseases of wheat, triticale, and barley caused by Fusarium graminearum
and related fungi or Tilletia indica and related fungi (7 U.S.C. 7628).
* * * * *
0
27. Amend Sec. 2.66 as follows:
0
a. Remove and reserve paragraphs (a)(58), (a)(59), (a)(60), (a)(66)
through (a)(71), (a)(75), (a)(77), (a)(87), (a)(94), (a)(103), and
(a)(112);
0
b. Revise paragraphs (a)(9), (a)(10), (a)(20), (a)(39), (a)(51),
(a)(102), and (a)(124); and
0
c. Add new paragraphs (a)(21), (a)(38), (a)(40), and (a)(131) through
(a)(140) to read as follows:
Sec. 2.66 Administrator, Cooperative State Research, Education, and
Extension Service.
(a) * * *
(9) Make grants and enter into contracts and other agreements for
outreach and technical assistance to socially disadvantaged farmers and
ranchers (7 U.S.C. 2279(a)(3)).
(10) Administer, in cooperation with land-grant colleges and
universities where applicable, a rural development research and
extension program, a small farm research and extension program, and a
rural health and safety education program under the Rural Development
Act of 1972, as amended (7 U.S.C. 2661-2667).
* * * * *
(20) Provide policy direction and coordinate the Department's work
with national and international institutions and other persons
throughout the world in the performance of agricultural research,
extension, teaching, and development activities; administer a program
of competitive grants for collaborative projects involving Federal
scientists or scientists from colleges and universities working with
scientists at international agricultural research centers in other
nations focusing either on new technologies and programs for increasing
the production of food and fiber or training scientists and a program
of competitive grants to colleges and universities to strengthen United
States economic competitiveness and to promote international market
development; and establish a program in coordination with the Foreign
Agricultural Service to place interns from United States colleges and
universities at Foreign Agricultural Service field offices overseas (7
U.S.C. 3291, 3292b).
(21) Administer a program of competitive grants to colleges and
universities and State cooperative institutions for the acquisition of
special purpose scientific research equipment for use in the food and
agricultural sciences (7 U.S.C. 3310a).
* * * * *
(38) Develop and implement a program to communicate with the public
regarding the use of biotechnology in producing food for human
consumption (7 U.S.C. 5921a).
(39) Administer a rural electronic commerce extension program
through grants to regional rural development centers and competitive
grants to land-grant colleges and universities and to colleges and
universities (including community colleges) with agricultural or rural
development programs (7 U.S.C. 5923).
(40) Conduct a research initiative known as the Agricultural Genome
Initiative; and make grants or enter cooperative agreements on a
competitive basis with individuals and organizations to carry out the
Initiative (7 U.S.C. 5924).
* * * * *
(51) Administer a cooperative forestry program in accordance with
the McIntire-Stennis Cooperative Forestry Act, and administer a
competitive forestry, natural resources, and environmental grant
program (16 U.S.C. 582a-582a-8).
* * * * *
(58)-(60) [Removed and reserved]
* * * * *
(66)-(71) [Removed and reserved]
* * * * *
(75) [Removed and reserved]
* * * * *
(77) [Removed and reserved]
* * * * *
(87) [Removed and reserved]
* * * * *
(94) [Removed and reserved]
* * * * *
(102) Implement and administer the Community Food Projects Program
and the Innovative Programs for Addressing Common Community Problems
pursuant to the provisions of section 25 of the Food Stamp Act of 1977
(7 U.S.C. 2034).
(103) [Removed and reserved]
* * * * *
(112) [Removed and reserved]
* * * * *
(124) Administer an Initiative for Future Agriculture and Food
Systems (7 U.S.C. 7621).
* * * * *
(131) Cooperate with other Federal agencies (including the National
Science Foundation) in issuing joint requests for proposals, awarding
grants, and administering grants under any
[[Page 27446]]
competitive agricultural research, education, or extension grant
program (7 U.S.C. 3319b).
(132) Administer a program of competitive grants, establish
education teams, and establish an online clearinghouse of curricula and
training materials and programs, all for training, education, outreach,
and technical assistance initiatives for the benefit of beginning
farmers and ranchers (7 U.S.C. 3319f).
(133) Administer agricultural research, education, and extension
activities (including through competitive grants), using any authority
available to the Secretary, to reduce the vulnerability of the United
States food and agricultural system to chemical or biological attack,
to continue partnerships with institutions of higher education and
other institutions to help form stable, long-term programs to enhance
the biosecurity of the United States, to make competitive grants to
universities and qualified research institutions for research on
counterbioterrorism, and to counter or otherwise respond to chemical or
biological attack (7 U.S.C. 3351).
(134) Administer a program of competitive grants to colleges and
universities for expansion and security upgrades to enhance the
security of agriculture against bioterrorism (7 U.S.C. 3352).
(135) Administer programs for distance education grants and
resident instruction grants to eligible institutions in insular areas
that have demonstrable capacity to carry out teaching and extension
programs in the food and agricultural sciences (7 U.S.C. 3361-3363).
(136) Administer a program of cooperative research (including
through competitive award of grants and cooperative agreements to
colleges and universities) and extension projects on carbon cycling in
soils and plants, the exchange of other greenhouse gases from
agriculture, and the carbon sequestration benefits of conservation
practices (7 U.S.C. 6711).
(137) Administer a program, in coordination with State
veterinarians and other appropriate State animal health professionals,
to conduct research, testing, and evaluation of programs for the
control and management of Johne's disease in livestock (7 U.S.C. 7629).
(138) Administer a program of grants to the Girl Scouts of the
United States of America, the Boy Scouts of America, the National 4-H
Council, and the National FFA Organization to establish pilot projects
to expand the programs carried out by the organizations in rural areas
and small towns (7 U.S.C. 7630).
(139) Oversee implementation of the termination of Federal schedule
A civil service appointments of State agricultural extension employees
at land-grant colleges and universities (section 7220 of Pub. L. 107-
171).
(140) Administer and direct a program of grants to the Food and
Agricultural Policy Research Institute (section 10805 of Pub. L. 107-
171).
* * * * *
0
28. Amend Sec. 2.67 to add paragraph (a)(12) and paragraph (a)(18) to
read as follows:
Sec. 2.67 Administrator, Economic Research Service
(a) * * *
(12) Facilitate access by research and extension professionals,
farmers, and other interested persons in the United States to, and the
use by those persons of, organic research conducted outside the United
States (7 U.S.C. 5925d).
* * * * *
(18) Include in each issuance of projections of net farm income an
estimate of the net farm income earned by commercial producers in the
United States that will in addition show the estimate of net farm
income attributable to commercial producers of livestock, loan
commodities, and agricultural commodities other than loan commodities
(7 U.S.C. 7998).
* * * * *
0
29. Amend Sec. 2.68 to add paragraphs (a)(10) and (a)(11) to read as
follows:
Sec. 2.68 Administrator, National Agricultural Statistics Service
(a) * * *
(10) Ensure that segregated data on the production and marketing of
organic agricultural products is included in the ongoing baseline of
data collection regarding agricultural production and marketing (7
U.S.C. 5925c).
(11) Administer a program of mandatory reporting for dairy products
and substantially identical products (7 U.S.C. 1637a, 1638b).
* * * * *
Subpart L--Delegations of Authority by the Chief Economist
0
30. Add to Sec. 2.73 new paragraphs (a)(8) and (a)(9) to read as
follows:
Sec. 2.73 Director, Office of Energy Policy and New Uses.
(a) * * *
(8) Administer a competitive biodiesel fuel education grants
program (7 U.S.C. 8104).
(9) Implement a memorandum of understanding with the Secretary of
Energy regarding cooperation in the application of hydrogen and fuel
cell technology programs for rural communities and agricultural
producers (7 U.S.C. 8107).
* * * * *
Subpart N--Delegations of Authority by the Under Secretary for
Marketing and Regulatory Programs
0
31. Revise the subpart heading to read as set forth above.
0
32. Revise Sec. 2.77 to read as follows:
Sec. 2.77 Deputy Under Secretary for Marketing and Regulatory
Programs.
Pursuant to Sec. 2.22(a), subject to reservations in Sec.
2.22(b), and subject to policy guidance and direction by the Under
Secretary, the following delegation of authority is made by the Under
Secretary for Marketing and Regulatory Programs to the Deputy Under
Secretary for Marketing and Regulatory Programs, to be exercised only
during the absence or unavailability of the Under Secretary: Perform
all the duties and exercise all the powers which are now or which may
hereafter be delegated to the Under Secretary for Marketing and
Regulatory Programs.
0
33. Amend Sec. 2.79 to revise the introductory text of paragraph (a)
and add paragraphs (a)(8)(lxiii) through (a)(8)(lxvi) to read as
follows:
Sec. 2.79 Administrator, Agricultural Marketing Service.
(a) Delegations. Pursuant to Sec. 2.22(a)(1), (a)(5) and (a)(8),
subject to reservations in Sec. 2.22(b)(1), the following delegations
of authority are made by the Assistant Secretary for Marketing and
Regulatory Programs to the Administrator, Agricultural Marketing
Service:
* * * * *
(8) * * *
(lxiii) Farmers' Market Promotion Program (7 U.S.C. 2005).
(lxiv) National Organic Certification Cost-Share Program (7 U.S.C.
6523).
(lxv) Exemption of Certified Organic Products from Assessment (7
U.S.C. 7401).
(lxvi) Country of Origin Labeling (7 U.S.C. 1638-1638(d)).
(lxvii) Hass Avocado Promotion, Research, and Consumer Information
Act of 2000 (7 U.S.C. 7801-7813).
* * * * *
0
34. Amend Sec. 2.80 to revise the introductory text of paragraph (a)
and paragraph (b) and add new paragraphs (a)(52), (a)(53), (a)(54),
(a)(55), and (a)(56) to read as follows:
[[Page 27447]]
Sec. 2.80 Administrator, Animal and Plant Health Inspection Service.
(a) Delegations. Pursuant to Sec. 2.22(a)(2) and (a)(6) through
(a)(9), and subject to reservations in Sec. 2.22(b)(2), the following
delegations of authority are made by the Under Secretary for Marketing
and Regulatory Programs to the Administrator, Animal and Plant Health
Inspection Service: Exercise functions of the Secretary of Agriculture
under the following authorities:
* * * * *
(52) Animal Health Protection Act (7 U.S.C. 8301-8317).
(53) Section 10504 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8318).
(54) Title V of the Agricultural Risk Protection Act of 2000 (7
U.S.C. 2279e and 2279f).
(55) The responsibilities of the United States related to
activities of the Office International des Epizooties.
(56) Public Health Security and Bioterrorism Preparedness and
Response Act of 2002 (Title II, Subtitles B and C; of the Public Health
Security and Bioterrorism Preparedness Response Act of 2002 (7 U.S.C.
8401 note, 8401, 8411)).
(b) Reservation. The following authority is reserved to the Under
Secretary for Marketing and Regulatory Programs: The authority to make
determinations under 35 U.S.C. 156 as to whether an applicant acted
with due diligence.
Subpart O--Delegations of Authority by the Assistant Secretary for
Congressional Relations
0
35. Remove in Sec. 2.85 paragraphs (a)(7) and (a)(8).
Subpart P--Delegations of Authority by the Assistant Secretary for
Administration
0
36. Amend Sec. 2.90 to revise the introductory text of paragraph (a)
and to remove and reserve paragraph (a)(2) and revise paragraph (a)(8)
to read as follows:
Sec. 2.90 Director, Office of Outreach.
(a) Delegations. Pursuant to Sec. 2.24(a)(4), the following
delegations of authority are made by the Assistant Secretary for
Administration to the Director, Office of Outreach:
* * * * *
(2) [Removed and reserved]
* * * * *
(8) Establish requirements and procedures for reporting agency
outreach status and accomplishments, including Departmental reporting
under the Outreach and Assistance for Socially Disadvantaged Farmers
and Ranchers Program (7 U.S.C. 2279).
* * * * *
0
37. Amend Sec. 2.91 to revise the introductory text of paragraph (a),
revise paragraph (a)(1), and add paragraphs (a)(7) and (a)(8) to read
as follows:
Sec. 2.91 Director, Office of Operations.
(a) Delegations. Pursuant to Sec. 2.24(a)(5) and (a)(9), the
following delegations of authority are made by the Assistant Secretary
for Administration to the Director, Office of Operations:
(1) Provide services for Department headquarters in the Washington,
DC metropolitan area and at emergency relocation sites and certain
critical facilities specified by the Assistant Secretary for
Administration in the following areas:
(i) Acquiring, leasing, utilizing, constructing, maintaining, and
disposing of real and personal property, including control of space
assignments.
(ii) Acquiring, storing, distributing, and disposing of forms.
(iii) Mail management and all related functions.
(iv) Occupational health services and related functions.
* * * * *
(7) Related to compliance with environmental laws. Take action
pursuant to Executive Order 12088, 3 CFR, 1978 Comp., p. 243, to comply
with environmental pollution control laws with respect to facilities
and activities under his or her authority, including, but not limited
to, entering into inter-agency agreements, administrative consent
orders, consent judgments, or other agreements with the appropriate
Federal, State, interstate, or local agencies to achieve and maintain
compliance with applicable pollution control standards.
(8) Manage the Department Emergency Operations Center and alternate
facilities.
* * * * *
0
38. Amend Sec. 2.92 as follows:
0
a. Revise the introductory text of paragraph (a),
0
b. Revise paragraphs (a)(7), (a)(9)(xii), and (a)(9)(xiii),
0
c. Remove and reserve paragraph (a)(10)(xx), and
0
d. Add paragraphs (a)(24), (a)(25), and (a)(26) to read as follows:
Sec. 2.92 Director, Office of Human Resources Management
(a) Delegations. Pursuant to Sec. 2.24 (a)(6) and (a)(12), and
subject to reservations in Sec. 2.24(b)(1), the following delegations
of authority are made by the Assistant Secretary for Administration to
the Director, Office of Human Resources Management:
* * * * *
(7) Authorize and make final decisions on adverse actions except in
those cases where the Assistant Secretary for Administration or the
Director, Office of Human Resources Management, has participated.
* * * * *
(9) * * *
(xii) Authorize and make final decisions on adverse actions for
positions in GS-1-15 or equivalent;
(xiii) Authorize and make final decisions on adverse actions for
positions in the career Senior Executive Service or equivalent;
* * * * *
(10) * * *
(xx) [Removed and reserved]
* * * * *
(24) Oversee the Conflict Prevention and Resolution Center, the
Director of which:
(i) Serves as the Department's Dispute Resolution Specialist under
the Administrative Dispute Resolution Act of 1996, 5 U.S.C. 571, et
seq., and provides leadership, direction and coordination for the
Department's conflict prevention and resolution activities;
(ii) Provides ADR services for:
(A) The Secretary of Agriculture.
(B) The general officers of the Department.
(C) The offices and agencies reporting to the Assistant Secretary
for Administration.
(D) Any other officer or agency of the Department as may be agreed.
(iii) Develops and issues standards for mediators and other ADR
neutrals utilized by the Department.
(iv) Coordinates ADR activities throughout the Department; and
(v) Monitors Agency ADR programs and reports at least annually to
the Secretary on the Department's ADR activities.
(25) Formulate and issue Department policy, standards, rules, and
regulations relating to the Senior Scientific Research Service (7
U.S.C. 7657).
(26) Redelegate, as appropriate, any authority delegated under this
section to general officers of the Department and heads of Departmental
agencies.
* * * * *
0
39. Amend Sec. 2.93 as follows:
a. Revise the heading, the introductory text to paragraph (a), and
paragraphs (a)(2)(i), (a)(11), (a)(12, (a)(17),
b. Remove and reserve paragraphs (a)(1)(vii), (a)(6), and (a)(9),
and
c. Add paragraph (a)(18) to read as follows:
[[Page 27448]]
Sec. 2.93 Director, Office of Procurement and Property Management.
(a) Delegations. Pursuant to Sec. Sec. 2.24(a)(7), (a)(8), (a)(9),
and (a)(10), the following delegations of authority are made by the
Assistant Secretary for Administration to the Director, Office of
Procurement and Property Management:
(1) * * *
(vii) [Removed and reserved]
* * * * *
(2) * * *
(i) The Director, Office of Procurement and Property Management, is
designated as the Departmental Debarring Officer and authorized to
perform the functions of 48 CFR part 9, subpart 9.4 related to
procurement activities, except for commodity acquisitions on behalf of
the Commodity Credit Corporation (7 CFR part 1407), with authority to
redelegate suspension and debarment authority for contracts awarded
under the School Lunch and Surplus Removal Programs (42 U.S.C. 1755 and
7 U.S.C. 612c);
* * * * *
(6) [Removed and reserved]
* * * * *
(9) [Removed and reserved]
* * * * *
(11) Issue regulations and directives to implement or supplement
the Federal Acquisition Regulations (48 CFR chapters 1 and 4).
(12) Issue regulations and directives to implement or supplement
the Federal Management Regulation (41 CFR part 102) and the Federal
Property Management Regulations (41 CFR chapters 101).
* * * * *
(16) Related to Emergency Preparedness. Provide guidance to the
development and administration of the Department Continuity of
Operations Plan and to USDA participation in Continuity of Government
Plan. This includes:
(i) Providing guidance and direction regarding continuity of
operations to Departmental staff offices, mission areas, and agencies.
(ii) Representing and acting as liaison for the Department in
contacts with other Federal entities and organizations concerning
matters of assigned responsibilities.
(iii) Overseeing Department continuity of operations, planning, and
emergency relocation facilities to ensure that resources are in a
constant state of readiness.
(17) Related to energy and environmental management: (i) Provide
program leadership and coordination for USDA's energy conservation and
energy efficiency activities pursuant to Executive Order 13123,
Greening of the Government Through Efficient Energy Management.
(ii) Promulgate policies, standards, techniques, and procedures,
and represent the Department, in prevention, control, and abatement of
pollution with respect to Federal facilities and activities under the
control of the Department (Executive Order 12088, 3 CFR 1978 Comp., p.
243).
(iii) Review and approve exemptions for USDA contracts,
subcontracts, grants, agreements, and loans from the requirements of
the Clean Air Act, as amended (42 U.S.C. 7401, et seq.), the Clean
Water Act, as amended (33 U.S.C. 1251, et seq.), and Executive Order
11738, 3 CFR, 1971-1975 Comp., p. 799, when he or she determines that
the paramount interest of the United States so requires as provided in
these acts and Executive Order and the regulations of the Environmental
Protection Agency (40 CFR 32.215(b)).
(iv) Provide program leadership and oversight for USDA compliance
with applicable pollution control laws and executive orders, including
Executive Order 13148, Greening of the Government Through Leadership in
Environmental Management.
(v) Coordinate USDA waste prevention, recycling, and procurement,
acquisition and use of recycled products and environmentally preferable
products, including biobased products, and services, and serve as USDA
Environmental Executive, pursuant to Executive Order 13101.
(vi) Serve as Departmental Administration Member and Executive
Secretary of the USDA Hazardous Materials Policy Council.
(vii) Represent USDA in consulting or working with the
Environmental Protection Agency (EPA), the Council on Environmental
Quality, the Domestic Policy Council, and others to develop policies
relating to hazardous materials management and Federal facilities
compliance with applicable pollution control laws.
(viii) Monitor, review, evaluate, and oversee hazardous materials
management program activities and compliance Department-wide.
(ix) Monitor, review, evaluate, and oversee USDA agency
expenditures for hazardous materials management program
accomplishments.
(x) Prepare for the USDA Hazardous Materials Policy Council the
Hazardous Materials Management Program budget request to the Office of
Management and Budget (OMB) and Congress, prepare accomplishment
reports to Congress, OMB, and EPA, and take a role in the preparation
of replies to Congressional inquires.
(xi) Represent USDA on the National Response Team on hazardous
spills and oil spills pursuant to the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended (42
U.S.C. 9601, et seq.); the Clean Water Act, as amended (33 U.S.C. 1251,
et seq.); Oil Pollution Act, as amended (33 U.S.C. 2701, et seq.);
Executive Order 12580, 3 CFR 1987 Comp., p. 193; Executive Order 12777,
3 CFR, 1991 Comp., p. 351, and the National Oil and Hazardous
Substances Contingency Plan, 40 CFR Part 300.
(xii) Approve disbursements from the New World Mine Response and
Restoration Account, approve the New World Mine Response and
Restoration Plan, and make quarterly reports to Congress under Sections
502(d) and (f) of Title V of the Department of the Interior and Related
Agencies Appropriations Act of 1998, Public Law 105-83.
(xiii) Ensure that the Hazardous Materials Management Program
Department-wide is accomplished with regard to, and in compliance with,
Executive Order 12898, Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations.
(xiv) Take such action as may be necessary, with the affected
agency head and with the concurrence of the General Counsel, including
issuance of administrative orders and agreements with any person to
perform any response action under sections 106(a) and 122 (except
subsection (b)(1)) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9606(a),
9622), pursuant to sections 4(c)(3) and 4(d)(3) of Executive Order
12580, as amended by Executive Order 13016.
(18) Relating to personnel security and the safeguarding of
national security information:
(i) Direct and administer USDA's personnel security and public
trust programs established pursuant to Executive Order 12968, Access to
Classified Information (3 CFR 1995 Comp. pp 391-402) and 5 CFR part
731.
(ii) Manage the personnel security functions of the Department
including programs for eligibility access determinations, obtaining
security clearance for USDA employees, denial or revocation of access
to national security information, and developing and promulgating
policies training.
(iii) Direct and administer USDA's program under which information
is
[[Page 27449]]
safeguard pursuant to Executive Order 12958, Classified National
Security Information.
(iv) Establish Information Security (INFOSEC) policies and
procedures for classifying, declassifying, safeguarding, and disposing
of classified national security information and materials.
(v) Establish procedures under which authorized holders of
information may challenge the classification of information believed to
be improperly classified or unclassified.
(vi) Take corrective action for violations or infractions under
section 5.7 par. (b), of Executive Order 12958.
(vii) Develop and maintain a secure facility for the receipt and
safeguarding of classified material.
(viii) Coordinate security activities with the Chief Information
Officer who has primary responsibility for PDD 63, Critical
Infrastructure Assurance.
* * * * *
0
40. Amend Sec. 2.94 to remove paragraph (a)(5) and revise the
introductory text of paragraph (a) to read as follows:
Sec. 2.94 Director, Office of Planning and Coordination.
(a) Delegations. Pursuant to Sec. 2.24(a)(11), the following
delegations of authority are made by the Assistant Secretary for
Administration to the Director, Office of Planning and Coordination:
* * * * *
0
41. Add subpart R, consisting of Sec. 2.300, to read as follows:
Subpart R--Delegations of Authority by the Assistant Secretary for
Civil Rights
0
42. Redesignate Sec. 2.89 as Sec. 2.300 transfer it to Subpart R, and
revise the introductory text of redesignated Sec. 2.300(a) to read as
follows:
Sec. 2.300 Director, Office of Civil Rights.
(a) Pursuant to Sec. 2.25, the following delegations of authority
are made by the Assistant Secretary for Civil Rights to the Director,
Office of Civil Rights.
* * * * *
PART 15--NONDISCRIMINATION
0
1. The authority for Part 15 continues to read as follows:
Authority: 5 U.S.C. 301; 29 U.S.C. 794.
Sec. 15.6 [Amended]
0
2. In Sec. 15.6, remove the words ``Assistant Secretary for
Administration'' and add, in their place, the words ``Assistant
Secretary for Civil Rights.''
PART 15f--ADJUDICATIONS UNDER SECTION 741
0
1. The authority for Part 15f continues to read as follows:
Authority: 5 U.S.C. 301; section 101(a) of Pub. L. 105-277, 112
Stat. 2681; Reorganization Plan No. 2 of 1953 (5 U.S.C. App.).
0
2. Remove the definition of ASA in Sec. 15f.4 and add, in its place,
the definition of ASCR, to read as follows:
Sec. 15f.4 What do certain words and phrases in these regulations
mean?
* * * * *
ASCR means the Assistant Secretary for Civil Rights.
* * * * *
0
2. In addition to the amendment set forth above, in part 15f remove the
word ``ASA'' and add, in its place, the word ``ASCR'' in the following
places:
a. Section 15f.13(a).
b. Section 15f.16(a).
c. Section 15f.24(a).
PART 371--ORGANIZATION, FUNCTIONS, AND DELEGATIONS OF AUTHORITY
0
1. The authority citation for part 371 continues to read as follows:
Authority: 5 U.S.C. 301.
0
2. Amend Sec. 371.3 to revise the section heading and add new
paragraphs (b)(2)(xii) and (b)(2)(xiii) to read as follows:
Sec. 371.3 Plant Protection and Quarantine
* * * * *
(b) * * *
(2) * * *
(xii) Title V of the Agricultural Risk Protection Act of 2000 (7
U.S.C. 2279e and 2279f).
(xiii) title II, Subtitle B, of the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002 (7 U.S.C. 8401 not
and 8401).
* * * * *
0
3. Add to Sec. 371.4 paragraphs (b)(3)(xxi), (b)(3)(xxii),
(b)(3)(xxiii), and (b)(3)(xxiv) to read as follows:
Sec. 371.4 Veterinary Services
* * * * *
(b) * * *
(3) * * *
(xxi) Animal Health Protection Act (7 U.S.C. 8301-8317).
(xxii) Section 10504 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8318).
(xxiii) The responsibilities of the United States related to
activities of the Office International des Epizooties.
(xxiv) Title II, Subtitles B and C, of the Public Health Security
and Bioterrorism Preparedness and Response Act of 2002 (7 U.S.C. 8401
note, 8401, 8411).
* * * * *
For Part 1; Part 2, Subparts A, C, and D; and Parts 15 and 15f:
Dated: April 22, 2003.
Ann M. Veneman,
Secretary of Agriculture.
For Part 2, Subpart F:
Dated: April 29, 2003
J.B. Penn,
Under Secretary for Farm and Foreign Agricultural Services.
For Part 2, Subpart G:
Dated: April 22, 2003.
Thomas C. Dorr,
Under Secretary for Rural Development.
For Part 2, Subpart H:
Dated: April 22, 2003.
Elsa Murano,
Under Secretary for Food Safety.
For Part 2, Subpart I:
Dated: April 24, 2003.
Eric M. Bost,
Under Secretary for Food, Nutrition, and Consumer Services.
For Part 2, Subpart J:
Dated: April 22, 2003.
Mark Rey,
Under Secretary for Natural Resources and Environment.
For Part 2, Subpart K:
Dated: April 23, 2003.
Joseph Jen,
Under Secretary for Research, Education, and Economics.
For Part 2, Subpart L:
Dated: April 24, 2003.
Keith Collins,
Chief Economist.
For Part 2, Subpart N:
Dated: May 2, 2003.
William Hawks,
Under Secretary for Marketing and Regulatory Programs.
For Part 2, Subpart O:
Dated: April 28, 2003.
Mary Waters,
Assistant Secretary for Congressional Relations.
For Part 2, Subpart P:
Dated: April 29, 2003.
Lou Gallegos,
Assistant Secretary for Administration.
For Part 2, Subpart R:
Dated: April 30, 2003.
Vernon B. Parker,
Assistant Secretary for Civil Rights.
For Part 371:
[[Page 27450]]
Dated: May 1, 2003.
Bobby Accord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-12142 Filed 5-19-03; 8:45 am]
BILLING CODE 3410-01-M