Revision of Delegations of Authority, 3395-3412 [E9-976]

Agencies

• Office of the Secretary
• DEPARTMENT OF AGRICULTURE

[Federal Register Volume 74, Number 12 (Wednesday, January 21, 2009)]
[Rules and Regulations]
[Pages 3395-3412]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-976]



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Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / 
Rules and Regulations

[[Page 3395]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 2

RIN 0503-AA37


Revision of Delegations of Authority

AGENCY: Office of the Secretary, 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 Food, Conservation, and Energy Act of 2008 
(FCEA), Public Law 110-246. Other additions, deletions, and changes are 
made as summarized below.

DATES: Effective Date: Effective January 21, 2009.

FOR FURTHER INFORMATION CONTACT: Adam J. Hermann, Office of the General 
Counsel, USDA, 1400 Independence Avenue, SW., Washington, DC 20250, 
(202) 720-9425, adam.hermann@ogc.usda.gov.

SUPPLEMENTARY INFORMATION:

Food, Conservation, and Energy Act of 2008

    The Secretary of Agriculture (Secretary) previously delegated 
authorities under the Food, Conservation, and Energy Act of 2008, 
Public Law 110-246 (FCEA), in Secretary's Memorandum (SM) 1053-001 
(July 1, 2008). This rule codifies those delegations and makes other 
changes to existing delegations required by FCEA, as follows.
    Title I of FCEA renews a number of commodity programs already 
delegated by the Secretary to the Under Secretary for Farm and Foreign 
Agricultural Services (FFAS) under 7 CFR 2.16, and by the Under 
Secretary for FFAS to the Administrator of the Farm Service Agency 
(FSA) under 7 CFR 2.42. Those existing delegations cover all 
production-related commodity programs of the Commodity Credit 
Corporation (CCC) of USDA not otherwise delegated by the Secretary 
including programs that are marketing-related or disaster-related. FCEA 
does contain ``permanent'' disaster provisions, which are found in 
sections 12033 and 15101 (which are duplicative of each other). Because 
the new disaster provisions are not consigned to CCC, the current 
delegations in 7 CFR 2.16 and 2.42 are amended to add a reference to 
allow for coverage of non-CCC disaster programs and other income 
support commodity programs that might be enacted at some point but 
which might not be CCC programs. A specific delegation for the disaster 
provisions in sections 12033 and 15101 of FCEA is also added to 7 CFR 
2.16 and 2.42.
    In addition, title I of FCEA includes a number of new authorities 
that do not as such fit within the current delegations and are 
delegated herein to the Administrator of FSA through the Under 
Secretary for FFAS, as follows: Section 1605 (quality incentive 
payments for covered oilseed producers); section 1609 (tracking of 
benefits); section 1612 (hard white wheat development program); section 
1613 (durum wheat quality program); and section 1621 (payments to 
geographically disadvantaged farmers and ranchers).
    Additionally, section 1502 of FCEA provides authority for a dairy 
forward pricing program, and section 1509 of FCEA directs the Secretary 
to establish a Federal Milk Marketing Order Review Commission to 
conduct a comprehensive review and evaluation of the Federal milk 
marketing order system and non-Federal marketing order systems. 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 (MRP) and the Administrator of the Agricultural 
Marketing Service (AMS).
    Section 1510 of FCEA amended the Dairy Product Mandatory Reporting 
provisions of title II, subtitle C, of the Agricultural Marketing Act 
of 1946, to include provisions for the establishment of an electronic 
reporting system and for quarterly audits of information submitted or 
reported under that act. A new provision is added to 7 CFR 2.22 and 
2.79 to reflect that the Under Secretary for MRP and Administrator of 
AMS are delegated lead responsibility to administer the Dairy Product 
Mandatory Reporting provisions of title II, subtitle C, of the 
Agricultural Marketing Act of 1946. Existing delegations at 7 CFR 2.21 
and 2.68 are amended to reflect an ancillary delegation to the Under 
Secretary for Research, Education, and Economics (REE) and the 
Administrator of the National Agricultural Statistics Service (NASS).
    Title I of FCEA also included requirements relating to the 
disclosure and release of information. The delegations at 7 CFR 2.16, 
2.17, 2.20, 2.22, 2.42, 2.48, 2.49, 2.60, 2.61, and 2.80 are amended to 
reflect the delegation of the Secretary's information disclosure 
authorities in section 1619(b)(3) to the Under Secretaries for FFAS, 
Rural Development (RD), Natural Resources and Environment (NRE), and 
MRP, the Administrators of FSA, the Rural Business-Cooperative Service 
(RBS), and the Rural Housing Service (RHS), the Chiefs of the Forest 
Service and Natural Resources Conservation Service (NRCS), and the 
Administrator of the Animal and Plant Health Inspection Service 
(APHIS), respectively.
    Also, the delegations to the Under Secretary for FFAS in 7 CFR 2.16 
and the Administrator of FSA in 7 CFR 2.42 are amended by removing 
outdated references to programs that are no longer in existence.
    Title II of FCEA made numerous amendments to the Conservation title 
(title XII) of the Food Security Act of 1985, 16 U.S.C. 3801 et seq., 
to revise or extend existing program and funding authority and to 
provide some new authority. Several of these revised authorities were 
previously delegated or otherwise fit within existing delegations to 
the Under Secretary for NRE (7 CFR 2.20) and Chief of NRCS (7 CFR 
2.61), or to the Under Secretary for FFAS (7 CFR 2.16) and 
Administrator of FSA (7 CFR 2.42), and, thus, do not need further 
action.
    The following sections of title II of FCEA provided authorities 
that require delegations: Section 2301 (new Conservation Stewardship 
Program authority); section 2710 (authority to

[[Page 3396]]

utilize services from experienced agriculture conservation technical 
service providers); and section 2711 (revised authority to establish 
and utilize State technical committees). The delegations at 7 CFR 2.20 
are amended to reflect the delegation of these authorities to the Under 
Secretary for NRE, and the delegations at 7 CFR 2.61 are amended to 
reflect the delegation of these authorities by the Under Secretary for 
NRE to the Chief of NRCS.
    Section 2403 of FCEA amends the Grassland Reserve Program (GRP) 
under title XII of the Food Security Act of 1985. New provisions are 
added to 7 CFR 2.16 and 2.42 to reflect the delegation of the authority 
to administer the GRP to the Under Secretary for FFAS (in cooperation 
with the Under Secretary for NRE) and the Administrator of FSA (with 
respect to those aspects of the GRP that are or become the 
responsibility of the Under Secretary for FFAS). New provisions also 
are added to 7 CFR 2.20 and 2.61 to reflect the delegation of the 
authority to administer the GRP to the Under Secretary for NRE (in 
cooperation with the Under Secretary for FFAS) and the Chief of NRCS 
(with respect to those aspects of the GRP that are or become the 
responsibility of the Under Secretary for NRE).
    Section 2606 of FCEA requires the establishment of a voluntary 
public access and habitat incentive program. The delegations at 7 CFR 
2.16 and 2.42 are amended to reflect the delegation of this authority 
to the Under Secretary for FFAS and the Administrator of FSA.
    Section 2702 of FCEA provides authority to accept and use 
contributions of non-Federal funds to support conservation programs 
under subtitle D of title XII of the Food Security Act of 1985. The 
delegations at 7 CFR 2.16 are amended to reflect the delegation of this 
authority to the Under Secretary for FFAS (with respect to those 
conservation programs delegated to the Under Secretary for FFAS), and 
the delegations at 7 CFR 2.42 are amended to reflect the delegation of 
this authority to the Administrator of FSA (with respect to programs 
delegated to the Administrator of FSA). The delegations at 7 CFR 2.20 
are amended to reflect the delegation of this authority to the Under 
Secretary for NRE (with respect to those conservation programs 
delegated to the Under Secretary for NRE), and the delegations at 7 CFR 
2.61 are amended to reflect the delegation of this authority to the 
Chief of NRCS (with respect to those programs delegated to the Chief of 
NRCS).
    Other miscellaneous amendments are made to the delegations at 7 CFR 
2.20 and 2.61 to correct descriptions.
    Section 3205 of FCEA established a Consultative Group to Eliminate 
the Use of Child Labor and Forced Labor in Imported Agricultural 
Products. The Consultative Group will include two representatives from 
USDA, as determined by the Secretary. Not later than two years after 
the date of enactment of FCEA, the Consultative Group must submit to 
the Secretary recommendations relating to standard practices for 
independent monitoring and verification for the production, processing, 
and distribution of agricultural products or commodities to reduce the 
likelihood that agricultural products or commodities imported into the 
United States are produced with the use of forced labor or child labor. 
Not later than one year after receiving the Consultative Group's 
recommendations, the Secretary must release guidelines for a voluntary 
initiative to enable entities to address issues raised by the 
Trafficking Victims Protection Act of 2000. This rule amends 7 CFR 2.16 
and 2.43 to add the lead delegation of these authorities to the Under 
Secretary for FFAS and the Administrator of the Foreign Agricultural 
Service (FAS), and 7 CFR 2.22 and 2.79 to add an ancillary delegation 
to the Under Secretary for MRP and the Administrator of AMS.
    Section 3206 of FCEA requires the Secretary to initiate a study of 
prior local and regional procurements for food aid programs conducted 
by other donor countries, private voluntary organizations, and the 
World Food Programme of the United Nations; provide grants to, or enter 
into cooperative agreements with, eligible organizations to carry out 
field-based projects that consist of local or regional procurements of 
eligible commodities to respond to food crises and disasters; and 
ensure that an independent third party conducts an independent 
evaluation of all such field-based projects not later than November 1, 
2011. The delegations at 7 CFR 2.16 and 2.43 are amended to reflect 
that the Under Secretary for FFAS and the Administrator of FAS are 
delegated these authorities.
    Section 4001 of FCEA renamed the Food Stamp Act of 1977 the Food 
and Nutrition Act of 2008. This section also struck all references to 
the Food Stamp Program and replaced them with the Supplemental 
Nutrition Assistance Program. The delegations at 7 CFR 2.19 and 2.57 
are amended to reflect these changes.
    Section 4142 of FCEA directs the Secretary to carry out a study of 
the feasibility and effects of treating Puerto Rico the same as one of 
the States under the Supplemental Nutrition Assistance Program in lieu 
of the block grant it currently receives. This section includes an 
assessment of the administrative impact, the appropriate income 
eligibility, benefit, and deduction levels, and the effect on low-
income Puerto Ricans. The delegations at 7 CFR 2.19 and 2.57 are 
amended to reflect that the Under Secretary for Food, Nutrition, and 
Consumer Services (FNCS) and the Administrator of the Food and 
Nutrition Service (FNS) are delegated the responsibility to conduct the 
study and prepare the report to Congress.
    Section 4301 of FCEA requires the Secretary to submit to Congress 
annually a report on the effectiveness of each State in automatically 
enrolling school-aged children for free school meals using ``direct 
certification'' based on their participation in the Supplemental 
Nutrition Assistance Program. The delegations at 7 CFR 2.19 and 2.57 
are amended to reflect that the Under Secretary for FNCS and the 
Administrator of FNS are delegated this responsibility.
    Section 4305 of FCEA requires the Secretary to purchase whole 
grains and whole grain products for use in the National School Lunch 
Program and the School Breakfast Program. This section further requires 
an evaluation and report by the Secretary. The delegations at 7 CFR 
2.19 and 2.57 are amended to reflect that the Under Secretary for FNCS 
and the Administrator of FNS are delegated these responsibilities.
    Section 4307 of FCEA requires the Secretary to carry out a 
nationally representative survey of the foods purchased by school food 
authorities participating in the National School Lunch Program during 
the most recent school year for which data are available. This section 
further requires a report on the results of the survey. The delegations 
at 7 CFR 2.19 and 2.57 are amended to reflect that the Under Secretary 
for FNCS and the Administrator of FNS are delegated these 
responsibilities.
    Section 4401 of FCEA amends section 4404 of the Farm Security and 
Rural Investment Act of 2002 (2 U.S.C. 1161) and directs the Secretary 
to offer to provide a grant to the Congressional Hunger Center to 
administer the Bill Emerson National Hunger Fellowship Program and the 
Mickey Leland International Hunger Fellowship Program. The delegations 
at 7 CFR 2.19 and 2.57 are amended to reflect that the Under Secretary 
for FNCS and the Administrator of FNS are delegated the authority to 
provide the grant for the

[[Page 3397]]

Bill Emerson and Mickey Leland Fellowships.
    Section 4403 of FCEA requires that the Secretary continue joint 
efforts with the Department of Health and Human Services for national 
nutrition monitoring and related research activities. The delegations 
at 7 CFR 2.19 are amended to reflect that the Under Secretary for FNCS 
is delegated the responsibility to continue these monitoring and 
research functions.
    Section 4405 of FCEA authorizes appropriations for Hunger-Free 
Communities Collaborative Grants and Hunger-Free Communities 
Infrastructure Grants and directs the Secretary to report to Congress 
on the activities carried out under this authority and the degrees of 
the success of each activity. The delegations at 7 CFR 2.19 and 2.57 
are amended to reflect that the Under Secretary for FNCS and the 
Administrator of FNS are delegated these authorities.
    Section 4406(c)(2) of FCEA extends the authority of the Secretary 
to carry out the Nutrition Information and Awareness Pilot Project in 
section 4403 of the Farm Security and Rural Investment Act of 2002 (7 
U.S.C. 3171 note). The delegations at 7 CFR 2.19 and 2.57 are amended 
to reflect that the Under Secretary for FNCS and the Administrator of 
FNS are delegated the responsibility for this pilot project.
    Title IV of FCEA (section 4402(3)) also included new grant 
authority to establish and support a healthy urban food enterprise 
development center to increase access to healthy affordable foods, 
including locally produced agricultural products, to underserved 
communities. That authority has been delegated through the Under 
Secretary for REE to the Administrator of the Cooperative State 
Research, Education, and Extension Service (CSREES), and the 
delegations at 7 CFR 2.21 and 2.66 have been amended accordingly.
    Title V of FCEA established a conservation loan and loan guarantee 
program (section 5002) and provided expanded authority to make loans to 
certain purchasers of highly fractionated land (section 5501). The 
delegations at 7 CFR 2.16, 2.17, 2.42, and 2.48 are revised to reflect 
that these authorities are delegated to the Under Secretary for FFAS 
and Administrator of FSA.
    Section 6013(d) of FCEA amended section 310B of the Consolidated 
Farm and Rural Development Act (7 U.S.C. 1932) to provide the Secretary 
with authority to enter into cooperative research agreements with 
qualified academic institutions to conduct research on the effects of 
cooperatives on the national economy. Additionally, section 6013(e) of 
FCEA amended section 310B of the Consolidated Farm and Rural 
Development Act to provide the Secretary with the authority to 
administer a grants program to address the needs of minority 
communities. Additionally, section 6016 of FCEA amended section 310B of 
the Consolidated Farm and Rural Development Act to direct the Secretary 
to establish the Appropriate Technology Transfer for Rural Areas 
Program. The delegations at 7 CFR 2.17 and 2.48 to the Under Secretary 
for RD and Administrator of RBS are amended to include these additional 
authorities by making a general reference to section 310B of the 
Consolidated Farm and Rural Development Act without listing specific 
authorities in that section.
    Section 6018(b) of FCEA directs the Secretary to prepare and submit 
a report on the definitions of ``rural'' and ``rural area.'' The 
delegations at 7 CFR 2.17 are amended to reflect that the Under 
Secretary for RD is delegated responsibility for this report.
    Section 6022 of FCEA directs the Secretary to establish a Rural 
Microentrepreneur Assistance Program to provide loans and grants to 
support microentrepreneurs in the development and ongoing success of 
rural microenterprises. The delegations at 7 CFR 2.17 and 2.48 are 
amended to reflect that the Under Secretary for RD and the 
Administrator of RBS are delegated the responsibility for this program. 
Section 6023 of FCEA directs the Secretary to establish the Expansion 
of Employment Opportunities for Individuals with Disabilities in Rural 
Areas Program. This grant program is intended to expand and enhance 
employment opportunities for individuals with disabilities in rural 
areas. The delegations at 7 CFR 2.17 and 2.48 are amended to reflect 
that the Under Secretary for RD and the Administrator of RBS are 
delegated the responsibility for this program.
    Section 6024 of FCEA directs the Secretary to establish a Health 
Care Services Program to award a grant to an eligible entity for the 
development of health care services, health education programs, and 
health care job training programs and the development and expansion of 
public health-related facilities in the Delta region to address 
longstanding and unmet health needs of the region. The delegations at 7 
CFR 2.17 and 2.48 are amended to reflect that the Under Secretary for 
RD and the Administrator of RBS are delegated the responsibility for 
this program.
    Section 6025 of FCEA reauthorized the Delta Regional Authority. The 
delegations at 7 CFR 2.17 and 2.48 are amended to reflect that the 
Under Secretary for RD and Administrator of RBS are delegated 
responsibility for this program.
    Section 6026 of FCEA reauthorized and made several modifications to 
the Northern Great Plains Regional Authority. The delegations at 7 CFR 
2.17 and 2.48 are amended to reflect that the Under Secretary for RD 
and Administrator of RBS are delegated responsibility for this program.
    Section 6028 of FCEA directs the Secretary to establish a Rural 
Collaborative Investment Program to support comprehensive regional 
investment strategies for achieving rural competitiveness. The existing 
delegations to the Under Secretary for RD and Administrator of RBS at 7 
CFR 2.17 and 2.48 are amended by removing references to the Rural 
Strategic Investment Program and adding references to the Rural 
Collaborative Investment Program.
    Title VII of FCEA provided a number of new research, education, 
economics, and extension authorities to the Secretary. The delegations 
at 7 CFR 2.21 are amended to reflect the delegation of these 
authorities to the Under Secretary for REE, and the delegations at 7 
CFR 2.65 and 2.66 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) and CSREES, respectively, as 
follows: A program of competitive grants for fundamental and applied 
research, extension, and education, known as the Agriculture and Food 
Research Initiative (CSREES); a program of facilities and equipment 
grants to assist the land-grant university in the District of Columbia 
(CSREES); a program of facilities and equipment grants to assist 
insular area land-grant institutions (CSREES); a program of endowment 
and other payments, institutional capacity-building grants, and 
competitive fundamental and applied research grants for Hispanic-
serving agricultural colleges and universities (CSREES); a New Era 
Rural Technology Program to provide grants for technology development, 
applied research, and training to aid in the development of an 
agriculture-based renewable energy workforce (CSREES); a capacity-
building grants program for non-land-grant colleges of agriculture 
(CSREES); an Agricultural Bioenergy Feedstock and Energy Efficiency 
Research and Extension Initiative to enhance production of biomass 
energy crops and the energy efficiency of agricultural operations 
(CSREES); a research and extension grants program to improve farm 
management

[[Page 3398]]

knowledge and skills of agricultural producers and maintain a publicly 
available financial management database (CSREES); a Specialty Crop 
Research Initiative (CSREES); broad authority to exchange, sell, 
acquire, and dispose of animals, animal products, plants, and plant 
products in carrying out the research functions of the Department 
(ARS); a pilot program to lease nonexcess property at the Beltsville 
Agricultural Research Center and the National Agricultural Library 
(ARS); broad authority to lease land at the Grazinglands Research 
Laboratory at El Reno, Oklahoma (ARS); a research and education grants 
program relating to antibiotics and antibiotic-resistant bacteria 
(CSREES); a grants program to establish and maintain a Farm and Ranch 
Stress Assistance Network (CSREES); a grants program relating to seed 
distribution (CSREES); a research program for natural products (ARS); a 
Sun Grants Program (CSREES); and a grants program relating to 
agricultural and rural transportation research and education (CSREES).
    A new delegation to the Administrator of CSREES, through the Under 
Secretary for REE, has been added for the program of providing grants 
to Alaska Native and Native Hawaiian serving institutions under 7 
U.S.C. 3156. The FCEA (section 7112) amended and re-authorized the 
program.
    Title VII (section 7139) also provided a new authority to provide 
fellowships for scientific training and study in the United States to 
individuals from eligible countries who specialize in agricultural 
education, research, and extension, known as the Borlaug International 
Agricultural Science and Technology Fellowship Program. The delegations 
at 7 CFR 2.16 and 2.43 are amended to reflect the delegation of this 
authority to the Under Secretary for FFAS and the Administrator of FAS.
    Additionally, a new delegation to the Administrator of FAS, through 
the Under Secretary for FFAS, has been added for the agricultural 
biotechnology research and development grant program for developing 
countries under 7 U.S.C. 7631. FCEA (section 7310) reauthorized the 
program.
    Additionally, section 7524 of FCEA directs the Secretary to issue a 
permit to the Secretary of Homeland Security for work on the live virus 
of foot and mouth disease at a successor facility to the Plum Island 
Animal Disease Center. The delegations at 7 CFR 2.22 and 2.80 are 
amended to reflect that the Under Secretary for MRP and the 
Administrator of APHIS are delegated this authority, except that the 
authority to suspend, revoke, or impair the permit is reserved to the 
Secretary.
    The existing delegations to the Under Secretary for REE and the 
Administrators of ARS and CSREES also have been amended by removing 
delegations of authorities that were repealed by FCEA and making other 
miscellaneous changes required by FCEA.
    Title VIII of FCEA (section 8205) revised the authority for the 
Healthy Forests Reserve Program, Title V of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6571-6578) as to enrollment of 
lands, including lands owned by Indian tribes, and as to funding. The 
delegations at 7 CFR 2.20 and 2.61 are amended to reflect that the 
authority to administer the Healthy Forests Reserve Program is 
delegated to the Under Secretary for NRE and the Chief of NRCS.
    Section 8402 provided new authority to administer a competitive 
grants program for the purpose of establishing an undergraduate 
scholarship program to assist in the recruitment, retention, and 
training of Hispanics and other under-represented groups in forestry 
and related fields. The delegations at 7 CFR 2.21 and 2.66 are amended 
to reflect the delegation of this authority to the Under Secretary for 
REE and the Administrator of CSREES.
    Title IX of FCEA provides additional authorities relating to 
energy, including section 9001, which is a substitute amendment for 
title IX of the Farm Security and Rural Investment Act of 2002 (7 
U.S.C. 8101--8113).
    Five authorities in this amendment are delegated through the Under 
Secretary for RD to the Administrator of RBS: A Biorefinery Assistance 
Program (``section 9003''); a Repowering Assistance Program (``section 
9004''); a Bioenergy Program for Advanced Biofuels (``section 9005''); 
a Rural Energy for America Program (``section 9007''); and a Rural 
Energy Self-Sufficiency Initiative (``section 9009''). The delegations 
at 7 CFR 2.17 and 2.48 are amended to reflect the delegation of these 
authorities to the Under Secretary for RD and Administrator of RBS.
    One authority in this amendment--administration of the Biomass 
Research and Development Program (``section 9008'') in consultation 
with other mission areas of the Department as appropriate--is delegated 
to the Under Secretary for REE. One component of the Biomass Research 
and Development Program--the Biomass Research and Development 
Initiative--is further delegated to the Administrator of CSREES. The 
delegations at 7 CFR 2.21 and 2.66 are amended to reflect the 
delegation of these authorities.
    Two authorities in this amendment are delegated through the Under 
Secretary for FFAS to the Administrator of FSA: A feedstock flexibility 
program for bioenergy producers (``section 9010''); and a biomass crop 
assistance program (``section 9011''). The delegations at 7 CFR 2.16 
and 2.42 are amended to reflect the delegation of these authorities to 
the Under Secretary for FFAS and Administrator of FSA.
    Two authorities in this amendment are delegated through the Under 
Secretary for NRE to the Chief of the Forest Service: A competitive 
research and development program to encourage the use of forest biomass 
for energy (``section 9012''); and a program to provide grants to State 
and local governments to develop community wood energy plans and to 
acquire and upgrade community wood energy systems (``section 9013''). 
The delegations at 7 CFR 2.20 and 2.60 are amended to reflect the 
delegation of these authorities to the Under Secretary for NRE and 
Chief of the Forest Service.
    Additionally, the existing delegations to the Under Secretary for 
RD and Administrator of RBS, in 7 CFR 2.17 and 2.48, respectively, are 
amended by removing delegations of energy authorities repealed by FCEA. 
The existing delegations to the Chief Economist and the Director of the 
Office of Energy Policy and New Uses (OEPNU), in 7 CFR 2.29 and 2.73, 
respectively, are amended by correcting statutory citations.
    The delegations for the Chief Economist and Director of OEPNU also 
are amended to add a delegation to conduct a study on biofuels 
infrastructure in section 9002 of FCEA.
    Section 10105 of FCEA authorizes a food safety education program 
for fresh produce, and section 10107 requires that market news 
activities provide timely price and shipping information concerning 
specialty crops in the United States and that reporting levels be 
increased for specialty crops. The delegations at 7 CFR 2.22 and 2.79 
are amended to reflect the delegation of these authorities to the Under 
Secretary for MRP and the Administrator of AMS.
    Section 10109 of FCEA amended the Specialty Crops Competitiveness 
Act of 2004, including section 101 of that act relating to specialty 
crop block grants. The delegations at 7 CFR 2.22 and 2.79 are amended 
to reflect that the Under Secretary for MRP and Administrator of AMS 
are delegated the authority to administer the provisions of section 101 
of the Specialty Crops Competitiveness Act of 2004.

[[Page 3399]]

    Section 10202 of FCEA provides authority to establish a National 
Clean Plant Network, and section 10204 directs the Secretary to develop 
regulations to improve management and oversight of certain regulated 
articles. The delegations at 7 CFR 2.22 and 2.80 are amended to reflect 
the delegation of these authorities to the Under Secretary for MRP and 
the Administrator of APHIS.
    Section 10205 of FCEA includes authority to provide loans to units 
of local government to finance the purchase of equipment necessary for 
the management of forest land, which must be used to monitor, remove, 
dispose of, and replace infested trees on land under the jurisdiction 
of the local government or within the borders of a quarantined area. 
The delegations at 7 CFR 2.20 and 2.60 are amended to reflect the 
delegation of this authority to the Under Secretary for NRE and the 
Chief of the Forest Service.
    Section 10302 of FCEA provides authorities regarding the collection 
and reporting of data on the production and marketing of organic 
agricultural products. The delegations at 7 CFR 2.22 and 2.79 are 
amended to reflect that the Under Secretary for MRP and Administrator 
of AMS are delegated the responsibility to collect and distribute 
comprehensive reporting of prices relating to organically produced 
agricultural products. The delegations at 7 CFR 2.21 and 2.67 are 
amended to reflect that the Under Secretary for REE and Administrator 
of the Economic Research Service (ERS) are delegated the responsibility 
to conduct surveys and analysis and publish reports relating to organic 
production, handling, distribution, retail, and trend studies. The 
delegations at 7 CFR 2.21 and 2.68 are amended to reflect that the 
Under Secretary for REE and Administrator of NASS are delegated the 
responsibility to develop surveys and report statistical analysis on 
organically produced agricultural products.
    Section 10403 of FCEA authorizes a grant program to improve the 
movement of specialty crops. The delegations at 7 CFR 2.22 and 2.79 are 
amended to reflect the delegation of this authority to the Under 
Secretary for MRP and Administrator of AMS.
    Section 10404 of FCEA provides authority to make payments to 
certain producers of asparagus crops. The delegations at 7 CFR 2.16 and 
2.42 are amended to reflect that the Under Secretary for FFAS and 
Administrator of FSA are delegated this responsibility.
    Title XI of FCEA provides several new authorities relating to 
livestock. Section 11001 amended the Livestock Mandatory Reporting 
provisions of title II, subtitle B, of the Agricultural Marketing Act 
of 1946, to include under the current electronic reporting and 
publishing section of that act provisions for improvement and 
education. A new provision is added to 7 CFR 2.22 and 2.79 to reflect 
that the Under Secretary for MRP and Administrator of AMS are delegated 
the authority to administer the Livestock Mandatory Reporting 
provisions of title II, subtitle B, of the Agricultural Marketing Act 
of 1946.
    Section 11006 of FCEA requires the Secretary to promulgate 
regulations with respect to the Packers and Stockyards Act, 1921 (7 
U.S.C. 181 et seq.), to establish criteria that the Secretary will 
consider in determining whether regulated entities have violated that 
act and whether live poultry dealers and swine contractors have acted 
reasonably in their dealings with contract growers. The delegations at 
7 CFR 2.22 and 2.81 are amended to reflect that this authority is 
delegated through the Under Secretary for MRP to the Administrator, 
Grain Inspection, Packers and Stockyards Administration.
    Section 11009 of FCEA amended a provision concerning funding for 
the National Sheep Industry Improvement Center under section 375 of the 
Consolidated Farm and Rural Development Act and provided for repeal of 
a provision in that section requiring privatization of the revolving 
fund. The delegations at 7 CFR 2.16, 2.22, 2.42, and 2.79 are amended 
to reflect the delegation of authority for this program to the Under 
Secretary for MRP and Administrator of AMS.
    Title XI of FCEA also amended the Federal Meat Inspection Act and 
the Poultry Products Inspection Act to provide for the interstate 
shipment of meat and poultry inspected by Federal and state agencies 
and to require federally inspected meat and poultry establishments to 
notify the Secretary of the receipt or shipment of adulterated or 
misbranded meat or poultry product in commerce, to prepare and maintain 
recall plans, and to document each reassessment of its process control 
plans. The delegations at 7 CFR 2.18 and 2.53 are amended to reflect 
that the Under Secretary for Food Safety and the Administrator of the 
Food Safety and Inspection Service are delegated these authorities.
    Title XII of FCEA (section 12014) requires the Secretary to conduct 
a study and issue a report on the efficacy and accuracy of the 
application of pack factors regarding the measurement of farm-stored 
production for purposes of providing policies or plans of insurance 
under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). The 
delegations at 7 CFR 2.16 and 2.44 are amended to reflect that this 
authority is delegated to the Under Secretary for FFAS and the 
Administrator of the Risk Management Agency.
    Title XIV of FCEA provides a number of new miscellaneous 
authorities to the Secretary. Section 14003 amended section 2501A of 
the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 
2279-1) by directing the Secretary to issue receipts for service or 
denials of service to current or prospective producers or landowners 
who request such a receipt at the time they request a benefit or 
service from FSA, NRCS, or an agency of the RD mission area. The 
delegations at 7 CFR 2.16 and 2.42 are amended to reflect that the 
Under Secretary for FFAS and the Administrator of FSA are delegated 
lead coordinating responsibility for the issuance of such receipts, as 
well as the authority to issue receipts with respect to FSA. The 
delegations at 7 CFR 2.17, 2.47, 2.48, and 2.49 are amended to reflect 
that the Under Secretary for RD and the Administrators of the Rural 
Utilities Service (RUS), RBS, and RHS are delegated the authority to 
issue receipts with respect to RUS, RBS, and RHS, respectively, in 
coordination with the lead agency. Additionally, the delegations at 7 
CFR 2.20 and 2.61 are amended to reflect that the Under Secretary for 
NRE and the Chief of NRCS are delegated the authority to issue receipts 
with respect to NRCS, in coordination with the lead agency.
    Section 14005 of FCEA directs the Secretary to ensure that the 
Census of Agriculture conducted by NASS and studies conducted by the 
Economic Research Service (ERS) document certain information regarding 
socially disadvantaged farmers and ranchers in agricultural production. 
The delegations at 7 CFR 2.21 and 2.68 are amended to reflect the 
delegation of these responsibilities with respect to the Census of 
Agriculture to the Under Secretary for REE and the Administrator of 
NASS. The delegations at 7 CFR 2.21 and 2.67 are amended to reflect the 
delegation of these responsibilities with respect to ERS studies to the 
Under Secretary for REE and the Administrator of ERS.
    Section 14111 of FCEA established the Office of Homeland Security 
(``OHS'') within the Department. The current delegations at 7 CFR 2.32 
to the Director, Homeland Security Staff are amended to reflect the 
establishment of OHS and the delegation of authorities to the Director, 
OHS. Additionally, the 7 CFR 2.32 delegations are amended to reflect 
the delegation of the Secretary's

[[Page 3400]]

authority in FCEA section 14112 (establishment of a communication 
center within the Department to collect and disseminate information and 
prepare for agricultural biosecurity emergencies and threats) and FCEA 
section 14113 (competitive grants program to support development and 
expansion of advanced training programs in agricultural biosecurity 
planning and response for food science professionals and veterinarians; 
competitive grants and low-interest loan assistance program to assist 
States in assessing agricultural disease response capability) to the 
Director, OHS. Finally, the delegations in 7 CFR 2.32 are amended by 
making other miscellaneous updates and corrections.
    Title XIV of FCEA also provided the following two authorities that 
have been delegated through the Under Secretary for REE to the 
Administrator of CSREES: A competitive grant program for the 
development of qualified agricultural countermeasures (section 14121); 
and a competitive grant program for the development of teaching 
programs to increase the number of trained individuals with an 
expertise in agricultural biosecurity (section 14122). 7 CFR 2.21 and 
2.66 are amended to reflect these delegations.
    Section 14208 of FCEA requires the submission of reports to 
Congress on conferences sponsored or held by the Department or attended 
by employees of the Department. The delegations at 7 CFR 2.28 are 
amended to reflect that the Chief Financial Officer (CFO) is delegated 
this responsibility.
    Section 14211 provides new debarment authorities to the Secretary 
with respect to participation in USDA programs. The delegations at 7 
CFR 2.28 are amended to reflect that the CFO is delegated lead 
responsibility to administer the debarment authorities in section 
14211, in coordination with the Assistant Secretary for Administration 
(ASA). The delegations at 7 CFR 2.24 and 2.93 are amended to delegate 
the authority to implement the debarment authorities in section 14211 
to the ASA and the Director, Office of Procurement and Property 
Management (OPPM) with respect to procurement activities, in 
coordination with the CFO.
    Section 14212 of FCEA established several requirements regarding 
the closure or relocation of FSA county or field offices. The 
delegations at 7 CFR 2.16 and 2.42 are amended to reflect the 
delegation of these responsibilities to the Under Secretary for FFAS 
and Administrator of FSA.
    Section 14216 of FCEA directs the Secretary to review 
recommendations on the use of dogs and cats in Federally supported 
research and report to Congress. The delegations at 7 CFR 2.22 and 2.80 
are amended to reflect the delegation of this authority to the Under 
Secretary for MRP and Administrator of APHIS.
    Section 14218 of FCEA requires the Secretary to establish a 
Coordinator for Chronically Underserved Rural Areas to be located in 
the Rural Development Mission Area. The delegations at 7 CFR 2.17 are 
amended to reflect that the Under Secretary for RD is delegated the 
responsibility for establishing the Coordinator.
    Section 14220 of FCEA authorizes the Secretary to make available to 
organizations surplus computers and technical equipment for the purpose 
of distribution to municipalities in rural areas. The delegations at 7 
CFR 2.24 and 2.93 are amended to reflect the delegation of this 
authority to the ASA and the Director of OPPM.
    Finally, section 15353 established certain information reporting 
requirements pertaining to CCC transactions. The delegations at 7 CFR 
2.16 and 2.42 are amended to reflect the delegation of these 
responsibilities to the Under Secretary for FFAS and Administrator of 
FSA.

Disaster Relief and Recovery Supplemental Appropriations Act, 2008

    Section 10101 of the Disaster Relief and Recovery Supplemental 
Appropriations Act, 2008, established the Rural Development Disaster 
Assistance Fund to provide additional amounts for authorized activities 
of agencies of the Rural Development Mission Area in areas affected by 
a disaster declared by the President or the Secretary. The delegations 
at 7 CFR 2.17 are amended to reflect that the Under Secretary for RD is 
delegated responsibility for this Fund.

Other Delegations

    A new delegation to the Chief of NRCS, through the Under Secretary 
for NRE, has been added for the authority to permit employees of NRCS 
to carry and use firearms for personal protection while conducting 
field work in remote locations in the performance of their official 
duties. This rule codifies the delegation of this authority made by the 
Secretary in a Secretary's Memorandum dated October 20, 2008.
    A new delegation to the Under Secretary for FNCS has been added for 
the authority to enter into contracts, grants, and cooperative 
agreements under section 1472 of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3318). This rule 
codifies the delegation of this authority made by the Secretary in a 
Secretary's Memorandum dated November 4, 2008.

Miscellaneous

    A number of miscellaneous minor changes have been made to the 
delegations for other reasons, including to correct citations and 
descriptions and delete obsolete authorities.
    To correspond to the revision of delegations of authority made in 
2003 (68 FR 27431), 7 CFR 2.81(a) is revised to reflect the change in 
the title of the policy official responsible for Marketing and 
Regulatory Programs from Assistant Secretary to Under Secretary. This 
paragraph is also revised to reflect the establishment of the agency 
that is responsible for all programs and activities formerly performed 
by the Federal Grain Inspection Service and by the Packers and 
Stockyards Administration as the Grain Inspection, Packers and 
Stockyards Administration. The Grain Inspection, Packers and Stockyards 
Administration was established by Secretary's Memorandum 1010-1 and 
codified in the regulations by the 1995 revision of delegations of 
authority (60 FR 56392).
    The delegations at 7 CFR 2.79 also are revised to reflect the 
change in the title of the policy official responsible for Marketing 
and Regulatory Programs from Assistant Secretary to Under Secretary.

Classification

    Finally, this rule 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, Public Law 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 in 7 CFR Part 2

    Authority delegations (Government agencies).

0
Accordingly, Title 7 of the Code of Federal Regulations is amended as 
set forth below:

[[Page 3401]]

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. Amend Sec.  2.16 as follows:
0
a. Revise paragraphs (a)(1)(xxv), (a)(2)(i)(G), (a)(2)(x), (a)(3)(vi), 
(a)(3)(vii)(E), (a)(3)(ix), (a)(3)(x), (a)(3)(xv), and (a)(3)(xliv);

0
b. Remove and reserve paragraphs (a)(1)(xvii), (a)(1)(xx), (a)(1)(xxi), 
(a)(1)(xxii), (a)(1)(xxiv), (a)(2)(i)(A), and (a)(3)(xviii); and
0
c. Add new paragraphs (a)(1)(xxix), (a)(1)(xxx), (a)(1)(xxxi), 
(a)(1)(xxxii), (a)(1)(xxxiii), (a)(1)(xxxiv), (a)(1)(xxxv), 
(a)(2)(i)(L), (a)(3)(xlv), (a)(3)(xlvi), (a)(3)(xlvii), (a)(3)(xlviii), 
and (a)(4)(v), to read as follows:


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

    (a) * * *
    (1) * * *
    (xvii) [Reserved]
* * * * *
    (xx)-(xxii) [Reserved]
* * * * *
    (xxiv) [Reserved]
    (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, and similar programs (including commodity 
quality development programs) consigned by statute to the Secretary of 
Agriculture unless otherwise delegated.
* * * * *
    (xxix) Administer the feedstock flexibility program for bioenergy 
producers under section 9010 of the Farm Security and Rural Investment 
Act of 2002 (7 U.S.C. 8110) and the biomass crop assistance program 
under section 9011 of that Act (7 U.S.C. 8111).
    (xxx) Administer the Grassland Reserve Program under sections 
1238N-1238Q of the Food Security Act of 1985 (16 U.S.C. 3838n-3838q) in 
cooperation with the Under Secretary for Natural Resources and 
Environment.
    (xxxi) Administer the provisions of section 1240R of the Food 
Security Act of 1985 (16 U.S.C. 3839bb-5) regarding voluntary public 
access and habitat incentives.
    (xxxii) Implement the authority in section 1241 of the Food 
Security Act of 1985 (16 U.S.C. 3841) to accept and use voluntary 
contributions of non-Federal funds in support of natural resources 
conservation programs under subtitle D of title XII of that Act with 
respect to authorities delegated to the Under Secretary for Farm and 
Foreign Agricultural Services.
    (xxxiii) Coordinate Department policy for, and issue, receipts 
under section 2501A(e) of the Food, Agriculture, Conservation, and 
Trade Act of 1990 (7 U.S.C. 2279-1(e)).
    (xxxiv) Administer the following provisions of the Food, 
Conservation, and Energy Act of 2008, Public Law 110-246:
    (A) Section 1605 relating to quality incentive payments for covered 
oilseed producers.
    (B) Section 1609 relating to the tracking of benefits.
    (C) Section 1612 relating to the hard white wheat development 
program.
    (D) Section 1613 relating to the durum wheat quality program.
    (E) Section 1621 relating to direct reimbursement payments to 
geographically disadvantaged farmers or ranchers.
    (F) Section 10404 relating to market loss assistance for asparagus 
producers.
    (G) Sections 12033 and 15101 relating to supplemental agricultural 
disaster assistance.
    (H) Section 14212 relating to the closure or relocation of county 
or field offices of the Farm Service Agency.
    (I) Section 15353(a) relating to information reporting for 
Commodity Credit Corporation transactions.
    (xxxv) Implement the information disclosure authorities of section 
1619(b)(3)(A) of the Food, Conservation, and Energy Act of 2008 (7 
U.S.C. 8791(b)(3)(A)).
    (2) * * *
    (i) * * *
    (A) [Reserved]
* * * * *
    (G) Section 310B (7 U.S.C. 1932), regarding various Rural 
Development programs;
* * * * *
    (L) Section 375 (7 U.S.C. 2008j), relating to the National Sheep 
Industry Improvement Center.
* * * * *
    (x) Administer loans to Indian tribes, tribal corporations, and 
purchasers of highly fractionated land (25 U.S.C. 488-492).
* * * * *
    (3) * * *
    (vi) Exercise the Department's functions with respect to the 
International Coffee Agreement or any such future agreement.
    (vii) * * *
    (E) Section 204(d) of the Andean Trade Preference Act (19 U.S.C. 
3203(d));
* * * * *
    (ix) Exercise the Department's responsibilities in connection with 
international negotiations of the Grains Trade Convention and in the 
administration of such Convention.
    (x) Plan and carry out programs and activities under the foreign 
market promotion authority of: The Wheat Research and Promotion Act (7 
U.S.C. 1292 note); the Cotton Research and Promotion Act (7 U.S.C. 
2101-2118); the Potato Research and Promotion Act (7 U.S.C. 2611-2627); 
the Egg Research and Consumer Information Act of 1974 (7 U.S.C. 2701-
2718); the Beef Research and Information Act, as amended (7 U.S.C. 
2901-2911); the Wheat and Wheat Foods Research and Nutrition Education 
Act (7 U.S.C. 3401-3417); the Floral Research and Consumer Information 
Act of 1981 (7 U.S.C. 4301-4319); subtitle B of title I of the Dairy 
and Tobacco Adjustment Act of 1983 (7 U.S.C. 4501-4514); the Honey 
Research, Promotion, and Consumer Information Act of 1984, as amended 
(7 U.S.C. 4601-4613); the Pork Promotion, Research, and Consumer 
Information Act of 1985 (7 U.S.C. 4801-4819); the Watermelon Research 
and Promotion Act, as amended (7 U.S.C. 4901-4916); the Pecan Promotion 
and Research Act of 1990 (7 U.S.C. 6001-6013); the Mushroom Promotion, 
Research, and Consumer Information Act of 1990 (7 U.S.C. 6101-6112); 
the Lime Research, Promotion, and Consumer Information Act of 1990 (7 
U.S.C. 6201-6212); the Soybean Promotion, Research, and Consumer 
Information Act of 1990 (7 U.S.C. 6301-6311); the Fluid Milk Promotion 
Act of 1990 (7 U.S.C. 6401-6417); the Fresh Cut Flowers and Fresh Cut 
Greens Promotion and Consumer Information Act (7 U.S.C. 6801-6814); the 
Sheep Promotion, Research, and Information Act of 1994 (7 U.S.C. 7101-
7111); the Commodity Promotion, Research, and Information Act of 1996 
(7 U.S.C. 7411-7425); the Canola and Rapeseed Research, Promotion, and 
Consumer Information Act (7 U.S.C. 7441-7452); the National Kiwifruit 
Research, Promotion, and Consumer Information Act (7 U.S.C. 7461-7473); 
and, the Popcorn Promotion, Research, and Consumer Information Act (7 
U.S.C. 7481-7491). This authority includes

[[Page 3402]]

determining the programs and activities to be undertaken and assuring 
that they are coordinated with the overall departmental programs to 
develop foreign markets for U.S. agricultural products.
* * * * *
    (xv) Formulate policies and implement programs to promote the 
export of dairy products, as authorized under section 153 of the Food 
Security Act of 1985, as amended (15 U.S.C. 713a-14).
* * * * *
    (xviii) [Reserved]
* * * * *
    (xliv) Implement section 3107 of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 1736o-1).
    (xlv) Implement section 3205 of the Food, Conservation, and Energy 
Act of 2008 (22 U.S.C. 7112 note) regarding the Consultative Group to 
Eliminate the Use of Child Labor and Forced Labor in Imported 
Agricultural Products, in consultation with the Under Secretary for 
Marketing and Regulatory Programs.
    (xlvi) Implement section 3206 of the Food, Conservation, and Energy 
Act of 2008 (7 U.S.C. 1726c) regarding local and regional food aid 
procurement projects.
    (xlvii) Administer the Borlaug International Agricultural Science 
and Technology Fellowship Program (7 U.S.C. 3319j).
    (xlviii) Administer the grant program for agricultural 
biotechnology research and development for developing countries (7 
U.S.C. 7631).
    (4) * * *
    (v) Conduct a study and issue a report on the efficacy and accuracy 
of the application of pack factors regarding the measurement of farm-
stored production for purposes of providing policies or plans of 
insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
* * * * *
0
3. Amend Sec.  2.17 as follows:
0
a. Redesignate paragraph (a)(21)(ii)(H) as paragraph (a)(21)(ii)(M);
0
b. Redesignate and revise paragraph (a)(21)(ii)(I) as paragraph 
(a)(21)(ii)(N);
0
c. Revise paragraphs (a)(21)(ii)(D) and (a)(21)(xxiii);
0
d. Remove and reserve paragraphs (a)(20)(iv)(J), (a)(21)(ii)(B), 
(a)(24) and (a)(25); and
0
e. Add new paragraphs (a)(20)(xi), (a)(21)(ii)(H), (a)(21)(ii)(I), 
(a)(21)(ii)(J), (a)(21)(ii)(K), (a)(21)(ii)(L), (a)(21)(xxiv), 
(a)(21)(xxv), (a)(22)(vii), (a)(22)(viii), (a)(27), (a)(28), and 
(a)(29), to read as follows:


Sec.  2.17  Under Secretary for Rural Development.

    (a) * * *
    (20) * * *
    (iv) * * *
    (J) [Reserved]
* * * * *
    (xi) In coordination with the Under Secretary for Farm and Foreign 
Agricultural Services, issue receipts under section 2501A(e) of the 
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-
1(e)).
    (21) * * *
    (ii) * * *
    (B) [Reserved]
* * * * *
    (D) Section 310B (7 U.S.C. 1932), relating to various Rural 
Development programs, except for subsection (b) of that section.
* * * * *
    (H) Section 379E (7 U.S.C. 2008s) relating to the Rural 
Microentrepreneur Assistance Program.
    (I) Section 379F (7 U.S.C. 2000t) relating to the Expansion of 
Employment Opportunities for Individuals with Disabilities in Rural 
Areas Program.
    (J) Section 379G (7 U.S.C. 2008u) relating to Health Care Services.
    (K) Section 382A et seq. (7 U.S.C. 2009aa et seq.) relating to the 
Delta Regional Authority.
    (L) Section 383A et seq. (7 U.S.C. 2009bb et seq.) relating to the 
Northern Great Plains Regional Authority.
* * * * *
    (N) Section 385A et seq. (7 U.S.C. 2009dd et seq.) relating to the 
Rural Collaborative Investment Program.
* * * * *
    (xxiii) Administer the renewable energy programs authorized in 
sections 9003, 9004, 9005, 9007, and 9009 of the Farm Security and 
Rural Investment Act of 2002 (7 U.S.C. 8103, 8104, 8105, 8107, and 
8109).
    (xxiv) Implement the information disclosure authorities of section 
1619(b)(3)(A) of the Food, Conservation, and Energy Act of 2008 (7 
U.S.C. 8791(b)(3)(A)).
    (xxv) In coordination with the Under Secretary for Farm and Foreign 
Agricultural Services, issue receipts under section 2501A(e) of the 
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-
1(e)).
    (22) * * *
    (vii) Implement the information disclosure authorities of section 
1619(b)(3)(A) of the Food, Conservation, and Energy Act of 2008 (7 
U.S.C. 8791(b)(3)(A)).
    (viii) In coordination with the Under Secretary for Farm and 
Foreign Agricultural Services, issue receipts under section 2501A(e) of 
the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 
2279-1(e)).
* * * * *
    (24) [Reserved]
    (25) [Reserved]
* * * * *
    (27) Exercise the authority in section 10101 of the Disaster Relief 
and Recovery Supplemental Appropriations Act, 2008, Public Law 110-329, 
div. B., regarding the Rural Development Disaster Assistance Fund.
    (28) Prepare and submit the report required by section 6018(b) of 
the Food, Conservation, and Energy Act of 2008, Public Law 110-246.
    (29) Implement section 14218 of the Food, Conservation, and Energy 
Act of 2008 (7 U.S.C. 6941a).
* * * * *

0
4. Amend Sec.  2.18 to revise paragraphs (a)(1)(ii)(A) and 
(a)(1)(ii)(B), to read as follows:


Sec.  2.18  Under Secretary for Food Safety.

    (a) * * *
    (1) * * *
    (ii) * * *
    (A) Poultry Products Inspection Act, as amended (21 U.S.C. 451-470, 
472);
    (B) Federal Meat Inspection Act, as amended, and related 
legislation, excluding so much of section 18 as pertains to issuance of 
certificates of condition of live animals intended and offered for 
export (21 U.S.C. 601-613, 615-624, 641-645, 661, 671-680, 683, 691-
692, 694-695);
* * * * *

0
5. Amend Sec.  2.19 as follows:
0
a. Revise paragraphs (a)(1)(i)(A), (a)(1)(i)(B), (a)(1)(iii), 
(a)(1)(iv), and (a)(3)(v);
0
b. Remove and reserve paragraph (a)(1)(ii)(F); and
0
c. Add new paragraphs (a)(1)(i)(G), (a)(1)(i)(H), (a)(1)(i)(I), 
(a)(1)(i)(J), (a)(1)(i)(K), (a)(1)(i)(L), (a)(1)(i)(M), (a)(3)(ix), and 
(a)(3)(x), to read as follows:


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

    (a) * * *
    (1) * * *
    (i) * * *
    (A) The Food and Nutrition Act of 2008, as amended (7 U.S.C. 2011-
2036), except for section 25, regarding assistance for community food 
projects.
    (B) Richard B. Russell National School Lunch Act, as amended (42 
U.S.C. 1751-1769i), except procurement of agricultural commodities and 
other foods under section 6 thereof.
* * * * *

[[Page 3403]]

    (G) Section 4403 of the Farm Security and Rural Investment Act of 
2002 (7 U.S.C. 3171 note).
    (H) Section 4404 of the Farm Security and Rural Investment Act of 
2002 (2 U.S.C. 1161).
    (I) Section 4142 of the Food, Conservation, and Energy Act of 2008 
(Pub. L. 110-246).
    (J) Section 4301 of the Food, Conservation, and Energy Act of 2008 
(42 U.S.C. 1758a).
    (K) Section 4305 of the Food, Conservation, and Energy Act of 2008 
(42 U.S.C. 1755a).
    (L) Section 4307 of the Food, Conservation, and Energy Act of 2008 
(Pub. L. 110-246).
    (M) Section 4405 of the Food, Conservation, and Energy Act of 2008 
(7 U.S.C. 7517).
    (ii) * * *
    (F) [Reserved]
* * * * *
    (iii) Administer those functions relating to the distribution of 
supplemental nutrition assistance program benefits under section 412 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5179).
    (iv) In connection with the functions assigned in paragraphs 
(a)(1)(i), (ii) and (iii) of this section, relating to the distribution 
and donation of agricultural commodities and products thereof and 
supplemental nutrition assistance program benefits to eligible 
recipients, authority to determine the requirements for such 
agricultural commodities and products thereof and supplemental 
nutrition assistance program benefits to be so distributed.
* * * * *
    (3) * * *
    (v) Develop food plans for use in establishing supplemental 
nutrition assistance benefit levels, and assess the nutritional impact 
of Federal food programs.
* * * * *
    (ix) In conjunction with the Department of Health and Human 
Services, administer section 4403 of the Food, Conservation, and Energy 
Act of 2008 (7 U.S.C. 5311a).
    (x) Enter into contracts, grants, and cooperative agreements in 
accordance with section 1472 of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3318).
* * * * *

0
6. Amend Sec.  2.20 as follows:
0
a. Revise paragraphs (a)(3)(iv)(G), (a)(3)(xiii)(D), and 
(a)(3)(xiii)(N); and
0
b. Add new paragraphs (a)(2)(xli), (a)(2)(xlii), (a)(2)(xliii), 
(a)(2)(xliv), (a)(3)(xiii)(O), (a)(3)(xiii)(P), (a)(3)(xiii)(Q), 
(a)(3)(xiii)(R), (a)(3)(xx), (a)(3)(xxi), (a)(3)(xxii), and 
(a)(3)(xxiii), to read as follows:


Sec.  2.20  Under Secretary for Natural Resources and Environment.

    (a) * * *
    (2) * * *
    (xli) Implement the information disclosure authorities of section 
1619(b)(3)(A) of the Food, Conservation, and Energy Act of 2008 (7 
U.S.C. 8791(b)(3)(A)).
    (xlii) Administer a program for providing loans to eligible units 
of local government to finance the purchase of equipment to monitor, 
remove, dispose of, and replace infested trees located under their 
jurisdiction and within the borders of quarantined areas (16 U.S.C. 
2104a).
    (xliii) Conduct a competitive research and development program to 
encourage the use of forest biomass for energy (7 U.S.C. 8112).
    (xliv) Administer the community wood energy program providing 
grants for community wood energy plans and energy systems (7 U.S.C. 
8113).
    (3) * * *
    (iv) * * *
    (G) The Emergency Conservation Program and the Emergency Watershed 
Protection Program under sections 401-405 of the Agricultural Credit 
Act of 1978, 16 U.S.C. 2201-2205, except for the provisions of sections 
401 and 402, 16 U.S.C. 2201-2202, as administered by the Under 
Secretary for Farm and Foreign Agricultural Services.
* * * * *
    (xiii) * * *
    (D) The Conservation Security Program authorized by sections 1238-
1238C (16 U.S.C. 3838-3838c) and the Conservation Stewardship Program 
authorized by sections 1238D-1238G (16 U.S.C. 3838d-3838g).
* * * * *
    (N) The incentives for certain 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.
    (O) The Agriculture Conservation Experienced Services Program 
authorized by section 1252 of the Act (16 U.S.C. 3851).
    (P) The authority under sections 1261-1262 of the Act (16 U.S.C. 
3861-3862) to establish and utilize State Technical Committees.
    (Q) The Grassland Reserve Program under sections 1238N-1238Q of the 
Act (16 U.S.C. 3838n-3838q) in cooperation with the Under Secretary for 
Farm and Foreign Agricultural Services.
    (R) The authority in section 1241 of the Act (16 U.S.C. 3841) to 
accept and use voluntary contributions of non-Federal funds in support 
of natural resources conservation programs under subtitle D of title 
XII of the Act with respect to authorities delegated to the Under 
Secretary for Natural Resources and Environment.
* * * * *
    (xx) Administer the Healthy Forests Reserve Program authorized by 
sections 501-508, Title V of the Healthy Forests Restoration Act of 
2003 (16 U.S.C. 6571-6578).
    (xxi) Implement the information disclosure authorities of section 
1619(b)(3)(A) of the Food, Conservation, and Energy Act of 2008 (7 
U.S.C. 8791(b)(3)(A)).
    (xxii) In coordination with the Under Secretary for Farm and 
Foreign Agricultural Services, issue receipts under section 2501A(e) of 
the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 
2279-1(e)).
    (xxiii) Authorize employees of the Natural Resources Conservation 
Service to carry and use firearms for personal protection while 
conducting field work in remote locations in the performance of their 
official duties (7 U.S.C. 2274a).
* * * * *

0
7. Amend Sec.  2.21 as follows:
0
a. Remove and reserve paragraphs (a)(1)(xlv), (a)(1)(xlvii), 
(a)(1)(lxxxviii), (a)(1)(xciv), (a)(1)(clvii), (a)(1)(clviii), 
(a)(1)(clix), (a)(1)(clxi), and (a)(1)(clxxvii);
0
b. Revise paragraphs (a)(1)(xx), (a)(1)(xliv), (a)(1)(cxxi), 
(a)(1)(cxli), (a)(1)(clii), (a)(1)(clvi), (a)(1)(clxxi), (a)(8)(xiv), 
and (a)(8)(xv); and
0
c. Add new paragraphs (a)(1)(clxxxiii), (a)(1)(clxxxiv), 
(a)(1)(clxxxv), (a)(1)(clxxxvi), (a)(1)(clxxxvii), (a)(1)(clxxxviii), 
(a)(1)(clxxxix), (a)(1)(cxc), (a)(1)(cxci), (a)(1)(cxcii), 
(a)(1)(cxciii), (a)(1)(cxciv), (a)(1)(cxcv), (a)(1)(cxcvi), 
(a)(1)(cxcvii), (a)(1)(cxcviii), (a)(1)(cxcix), (a)(1)(cc), 
(a)(1)(cci), (a)(1)(ccii), (a)(1)(cciii), (a)(1)(cciv), and 
(a)(8)(xvii); to read as follows:


Sec.  2.21  Under Secretary for Research, Education, and Economics.

    (a) * * *
    (1) * * *
    (xx) Administer the Agriculture and Food Research Initiative for 
competitive grants for fundamental and applied research, extension, and 
education to address food and agricultural sciences; administer a 
program of making special

[[Page 3404]]

grants for research, extension, or education activities (7 U.S.C. 
450i(b), (c)).
* * * * *
    (xliv) Promote and strengthen higher education in the food and 
agricultural sciences; administer grants to colleges and universities; 
maintain a national food and agricultural education information system; 
conduct programs regarding the evaluation of teaching programs and 
continuing education; administer the National Food and Agricultural 
Sciences Teaching, Extension, and Research Awards Program to recognize 
and promote excellence in teaching, extension, and research in the food 
and agricultural sciences; administer programs relating to secondary 
education and 2-year postsecondary education, including grants to 
public secondary schools, institutions of higher education that awar