Revision of Delegations of Authority, 44101-44117 [2014-17352]
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information, entire file series of records,
or similar non-specific requests.
(1) When the description of the
information in the request is deficient,
the component shall solicit as much
additional identifying information as
possible from the requester.
(2) If the information or material
requested cannot be obtained with a
reasonable amount of effort, the
component shall provide the requester,
through the DHS Disclosure Officer,
with written notification of the reasons
why no action will be taken and of the
requester’s right to appeal.
(c) Requests for review of information
that has been subjected to a
declassification review request within
the preceding two years shall not be
processed. The DHS Disclosure Officer
will notify the requester of such denial.
(d) Mandatory Declassification
Review provisions are not applicable to
documents required to be submitted for
prepublication review or other
administrative process pursuant to an
approved non-disclosure agreement.
(e) Requests for information exempted
from search or review under sections
701, 702, or 703 of the National Security
Act of 1947, as added and amended (50
U.S.C. 431–433), or other provisions of
law, shall not be processed. The DHS
Disclosure Officer will notify the
requester of such denial.
(f) If documents or material being
reviewed for declassification under this
section contain information that has
been originally classified by another
government agency, the reviewing
authority shall notify the DHS
Disclosure Officer. Unless the
association of that organization with the
requested information is itself classified,
the DHS Disclosure Officer will then
notify the requester of the referral.
(g) A DHS component may refuse to
confirm or deny the existence, or nonexistence, of requested information
when its existence or non-existence, is
properly classified.
(h) DHS components shall make a
final determination on the request as
soon as practicable but within one year
from receipt. When information cannot
be declassified in its entirety,
components shall make reasonable
efforts to redact those portions that still
meet the standards for classification and
release those declassified portions of the
requested information that constitute a
coherent segment.
(i) DHS components shall notify the
DHS Disclosure Officer of the
determination made in the processing of
a mandatory review request. Such
notification shall include the number of
pages declassified in full; the number of
pages declassified in part; and the
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number of pages where declassification
was denied.
(j) The DHS Disclosure Officer shall
maintain a record of all mandatory
review actions for reporting in
accordance with applicable Federal
requirements.
(k) The mandatory declassification
review system shall provide for
administrative appeal in cases where
the review results in the information
remaining classified. The requester shall
be notified of the results of the review
and of the right to appeal the denial of
declassification. To address such
appeals, the DHS Disclosure Office shall
convene a DHS Classification Appeals
Panel (DHS/CAP). The DHS/CAP shall,
at a minimum, consist of representatives
from the Disclosure Office, the Office of
the Chief Security Officer, the Office of
General Counsel, and a representative
from the component having jurisdiction
over the information. Additional
members may be added as determined
by the DHS Disclosure Officer. The
DHS/CAP shall be chaired by the DHS
Disclosure Officer.
(l) If the requester files an appeal
through the DHS/CAP, and the appeal is
denied, the requester shall be notified of
the right to appeal the denial to the
ISCAP pursuant to section 5.3 of
Executive Order 13526, and the rules
issued by the ISCAP pursuant to section
5.3 of Executive Order 13526.
Title 44—Emergency Management and
Assistance
Chapter I—Federal Emergency Management
Agency, Department of Homeland Security
PART 8—[REMOVED AND RESERVED]
2. Under the authority of 5 U.S.C. 301
and E.O. 13526, remove and reserve part
8, consisting of §§ 8.1 through 8.4.
■
Jeh Charles Johnson,
Secretary.
[FR Doc. 2014–17836 Filed 7–29–14; 8:45 am]
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DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Parts 1 and 2
Rural Utilities Service
7 CFR Part 1700
World Agricultural Outlook Board
7 CFR Part 3800
RIN 0503–AA56
Revision of Delegations of Authority
Office of the Secretary, Rural
Utilities Service, World Agricultural
Outlook Board, USDA.
ACTION: Final rule.
AGENCIES:
This document revises the
delegations of authority from the
Secretary of Agriculture and general
officers of the Department of Agriculture
(USDA) to reflect changes and additions
to the delegations required by the
Agricultural Act of 2014, Public Law
113–79. Other additions, deletions, and
changes are made as summarized below.
DATES: Effective July 30, 2014.
FOR FURTHER INFORMATION CONTACT:
Adam J. Hermann, Office of the General
Counsel, USDA, 3311-South Bldg., 1400
Independence Avenue SW.,
Washington, DC 20250, (202) 720–9425,
adam.hermann@ogc.usda.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Agricultural Act of 2014
The Secretary of Agriculture
(Secretary) previously delegated
authorities under the Agricultural Act of
2014 (Act), Public Law 113–79, in
Secretary’s Memorandum (SM) 1076–
005 (March 6, 2014), available at https://
www.ocio.usda.gov/document/
secretarys-memorandum-1076–005.
This rule codifies those delegations and
makes other changes to existing
delegations required by the Act, as
follows. Note that delegations of
authority made by SM 1076–005 to
conduct or prepare a one-time study,
report, economic analysis, or similar
activity remain in effect until such
study, report, economic analysis, or
similar activity is completed and, thus,
are not reflected in this rulemaking.
Title I of the Act provides several
authorities that do not fit within
existing delegations. The following
provisions of title I are being delegated
to the Under Secretary for Farm and
Foreign Agricultural Services (FFAS) in
7 CFR 2.16 and the Administrator of the
Farm Service Agency (FSA) in 7 CFR
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2.42, as follows: Sections 1401–1410
(margin protection program for dairy
producers); section 1431 (dairy product
donation program); and section 1612
(tracking of benefits).
Additionally, the delegations to the
Under Secretary for FFAS at 7 CFR
2.16(a)(1)(xxv) and the Administrator,
FSA at 7 CFR 2.42(a)(45) are revised to
clarify that Commodity Credit
Corporation programs covered by those
delegations include those that support
production agriculture and producer
income support, or that provide disaster
assistance or the domestic marketing of
commodities.
The Under Secretary for FFAS is
redelegating part of his delegated
authority in 7 CFR 2.16(a)(3)(xxxix) to
the Administrator, FSA to enter into
cooperative agreements under section
1472(b) of the National Agricultural
Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3318(b)) for
the purpose of implementing section
1614(c)(3) of the Act. Section 1614(c)(3)
provides funding for producer
education, including the development
of web-based decision aids and training.
Title II of the Act adds or revises
several authorities that require new
delegations of authority to the Under
Secretary for Natural Resources and
Environment (NRE) and the Chief,
Natural Resources Conservation Service
(NRCS), as follows: Section 2301 (new
Agricultural Conservation Easement
Program); section 2401 (new Regional
Conservation Partnership Program);
section 2507 (revised Terminal Lakes
assistance program); and section 2609
(revised wetlands mitigation banking
program). 7 CFR 2.20 is amended to
reflect the delegation of these
authorities to the Under Secretary for
NRE, and 7 CFR 2.61 is amended to
reflect the delegation of these
authorities to the Chief, NRCS.
In addition, section 2503 of the Act
provides new funding to carry out the
Voluntary Public Access and Habitat
Incentive Program under section 1240R
of the Food Security Act of 1985 (16
U.S.C. 3839bb-5). This authority,
previously delegated to the Under
Secretary for FFAS and the
Administrator, FSA, is transferred to the
Under Secretary for NRE and the Chief,
NRCS.
Section 2611 of the Act amends title
XII of the Food Security Act of 1985 to
add new authorities regarding highly
erodible land and wetland conservation
for crop insurance. While the Under
Secretaries for FFAS and NRE, the
Administrator, FSA, and the Chief,
NRCS, have existing delegations of
authority that cover this part of the Food
Security Act of 1985, a new delegation
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of authority is being added to 7 CFR
2.44 for the Administrator, Risk
Management Agency (RMA) to carry out
the functions pertaining to RMA.
Title IV of the Act provides several
authorities related to nutrition that
require new delegations of authority.
The delegations at 7 CFR 2.19 are
amended to reflect the delegation of
these authorities to the Under Secretary
for Food, Nutrition, and Consumer
Services (FNCS), and the delegations at
7 CFR 2.57 are amended to reflect the
redelegation of these authorities to the
Administrator of the Food and Nutrition
Service (FNS), as follows: section
4004(b) (demonstration project
regarding the Food Distribution Program
on Indian Reservations); section 4031
(Commonwealth of the Northern
Mariana Islands pilot program regarding
the Supplemental Nutrition Assistance
Program (SNAP)); section 4032 (annual
State reporting on verification of SNAP
participation); section 4033 (service of
traditional foods in public facilities);
and section 4214 (pilot project for
canned, frozen, or dried fruits and
vegetables as part of the Fresh Fruit and
Vegetable Program under the Richard B.
Russell National School Lunch Act).
Additionally, 7 CFR 2.19 is amended to
reflect the delegation of authority to the
Under Secretary for FNCS to establish a
multiagency task force for the purpose
of providing coordination and direction
for commodity programs, as required by
section 4205 of the Act, which amended
the Department of Agriculture
Reorganization Act of 1994.
Section 4204 of the Act amends the
authority of the Secretary in section 301
of the National Nutrition Monitoring
and Related Research Act of 1990 to
publish the ‘‘Dietary Guidelines for
Americans.’’ A new, specific delegation
is added to the Under Secretary for
FNCS and Administrator, FNS, to
administer section 301.
Section 4206 of the Act amends the
Department of Agriculture
Reorganization Act of 1994 to authorize
a new Healthy Food Financing
Initiative. The delegations at 7 CFR 2.17
and 2.48 are amended to reflect that the
Under Secretary for Rural Development
(RD) and Administrator of the Rural
Business-Cooperative Service (RBS) are
delegated this authority.
Section 4208 of the Act establishes a
food insecurity nutrition incentive
grants program, and section 4209
authorizes a competitively awarded
food and agriculture service learning
grant program to increase knowledge of
agriculture and improve the nutritional
health of children. The delegations at 7
CFR 2.21 and 2.66 are amended to
reflect that the Under Secretary for
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Research, Education, and Economics
(REE) and the Director of the National
Institute of Food and Agriculture (NIFA)
are delegated these authorities.
Section 4213 seeks to encourage
awareness and interest in the number
and variety of pulse crop products
available to schoolchildren. Section
4213(c) directs the Secretary to purchase
eligible pulse crops and pulse crop
products for use in the school lunch and
school breakfast programs. 7 CFR 2.22
and 2.79 are amended to reflect the
delegation of this purchasing authority
to the Under Secretary for Marketing
and Regulatory Programs (MRP) and the
Administrator of the Agricultural
Marketing Service (AMS), respectively.
Sections 4213(d) and (e), which provide
a one-time evaluation and reporting
requirement, were delegated to the
Under Secretary for FNCS and the
Administrator, FNS, by SM 1076–005
and are not reflected in this rulemaking.
Title VI of the Act, at section 6205,
amends the Farm Security and Rural
Investment Act of 2002 to authorize a
rural energy savings program. Section
6210 provides funding for certain
pending loan and grant applications.
The delegations at 7 CFR 2.17 and 2.47
are amended to reflect the delegation of
these authorities to the Under Secretary
for RD and the Administrator of the
Rural Utilities Service, respectively.
Section 6017 of the Act moves the
authority for the Intermediary Relending
Program from the Food Security Act of
1985 to the Consolidated Farm and
Rural Development Act. Section 6209
provides authorities relating to the
collection and reporting of program
metrics. 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 the
Administrator, RBS, respectively.
Title VII of the Act provides several
new authorities involving research,
extension, and related matters. The
delegations of authority 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
delegation of these authorities to the
Administrator of the Agricultural
Research Service (ARS) and the Director
of NIFA, respectively, as follows:
section 7104—a competitive grants
program for the purpose of developing,
implementing, and sustaining veterinary
services (NIFA); section 7121—authority
to enter into agreements with former
USDA agricultural research facilities for
the purpose of supporting ongoing
research and information dissemination
activities (ARS); section 7310—a
forestry and forestry products research
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and extension initiative (NIFA); and
section 7603—authority for the National
Agricultural Library to enter into
cooperative agreements with
institutions of higher education
regarding the dissemination of
agricultural and food law research, legal
tools, and information (ARS). The
Under Secretary for REE is also
delegated the authority in section
7513(2) of the Act to submit an annual
report to Congress describing
agricultural research, extension, and
education activities carried out by the
Federal Government.
Additionally, the delegation of section
1672 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7
U.S.C. 5925), as amended by the Act, to
the Under Secretary for REE (7 CFR
2.21(a)(1)(lxxx)) is revised to clarify that
the REE mission area is responsible for
carrying out the pollinator authorities in
section 1672(g) of that act, including the
annual report, except for the honey bee
surveillance authorities that are
delegated to the Under Secretary for
MRP (7 CFR 2.22(a)(2)(xli)). The
delegation to the Director of NIFA (7
CFR 2.66(a)(42)) is revised to clarify that
NIFA is responsible for carrying out the
pollinator authorities in section 1672(g)
of that act, except for the honey bee
surveillance authorities that are
delegated to the Administrator of the
Animal and Plant Health Inspection
Service (APHIS) (7 CFR 2.80(a)(47)) and
the pollinator health research activities
that are delegated to the Administrator
of ARS (7 CFR 2.65(a)(113)).
Section 7106 directs that the authority
of the Secretary to make competitive
grants to, or enter into cooperative
agreements with, agricultural and food
policy research centers under section
1419A of the National Agricultural
Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3155) is to
be carried out through the Office of the
Chief Economist. This authority was
previously delegated to the Under
Secretary for REE and the Director of
NIFA. A new delegation of authority for
this program is added to 7 CFR 2.29 for
the Chief Economist.
Title VIII of the Act adds two
authorities to the Healthy Forests
Restoration Act of 2003 (HFRA) (16
U.S.C. 6501 et seq.)—authority to
address insect and disease infestation
on designated National Forest System
(NFS) land (section 8204) and
permanent authority for stewardship
end result contracting projects (section
8205). A new, specific delegation is
added to 7 CFR 2.20 (Under Secretary
for NRE) and 2.60 (Chief, Forest Service)
to administer the HFRA, including the
authorities added by sections 8204 and
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8205 of the Act. The new delegation
excepts the Healthy Forests Reserve
Program authorized under title V of
HFRA, which is already delegated to the
Under Secretary for NRE and the Chief,
NRCS.
Section 8206 of the Act provides
authority (known as the ‘‘Good
Neighbor Authority’’) for the Secretary
to enter into contracts and cooperative
agreements with a State to carry out
forest, rangeland, and watershed
restoration services on NFS lands.
Similar Good Neighbor Authority is
provided in section 331 of the
Department of the Interior and Related
Agencies Appropriations Act, 2001
(Pub. L. 106–291; 114 Stat. 996), as
amended and extended through fiscal
year 2018 by section 417 of the
Department of the Interior,
Environment, and Related Agencies
Appropriations Act, 2014 (Pub. L. 113–
76, div. G). 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 Chief, Forest
Service, respectively.
The following provisions of the Act
are also delegated to the Under
Secretary for NRE and Chief, Forest
Service: Section 8302 (authorizes the
Forest Service to utilize conservationrelated program funds to establish an
Agriculture Conservation Experience
Services (ACES) Program to provide
technical services for conservationrelated programs and authorities carried
out on NFS land); section 8304
(provides for State-to-State
reimbursement of amounts expended for
resources and services for wildfire
management and suppression and
authorizes the Secretary to retain any
funds received as reimbursements for
costs incurred by the Secretary for fire
protection and to credit the amounts to
the same appropriation from which the
expenses were paid); and section 8305
(authorizes establishment of a large
airtanker and aerial asset lease
program).
Section 9002(a)(5) of the Act adds a
new authority to the Secretary, acting
through the Forest Products Laboratory
of the Forest Service, to provide
appropriate technical and other
assistance with respect to determining
eligibility of forest products for the
‘‘USDA Certified Biobased Product’’
labeling program. 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 Chief,
Forest Service, respectively.
Section 10016 of the Act adds new
authorities regarding local food
production and program evaluation. The
delegations at 7 CFR 2.21 and 2.67 are
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amended to reflect that the authority to
coordinate implementation of section
10016 is delegated to the Under
Secretary for REE and Administrator,
Economic Research Service (ERS),
respectively. Delegations are also added
to 7 CFR 2.16 (Under Secretary for
FFAS), 2.22 (Under Secretary for MRP),
2.44 (Administrator, RMA), 2.68
(Administrator, National Agricultural
Statistics Service), and 2.79
(Administrator, AMS) to assist with
implementing section 10016.
Section 11014(c) of the Act directs the
Secretary to prepare a cropland acreage
report and annual updates to the report.
The delegations at 7 CFR 2.16 and 2.44
are amended to reflect the delegation of
this responsibility to the Under
Secretary for FFAS and Administrator,
RMA, respectively.
Additionally, a new delegation of
authority is added to 7 CFR 2.16 and
2.44 to clarify the authority of the Under
Secretary for FFAS and Administrator,
RMA, respectively, to administer the
Federal Crop Insurance Act.
In title XII of the Act, section 12303
directs the Secretary to maintain, in the
Office of the Secretary, an Office of
Tribal Relations to advise the Secretary
on policies related to Indian tribes and
carry out such other functions as the
Secretary considers appropriate. The
Department already maintains an Office
of Tribal Relations within the Office of
the Secretary. To reflect this, a new
section (§ 2.38) is added to identify the
delegated functions and duties of the
Director, Office of Tribal Relations, who
reports to the Secretary. Some of those
functions had been delegated to the
Director, Office of Intergovernmental
Affairs (§ 2.85(a)(5)), through the
Assistant Secretary for Congressional
Relations (§ 2.23(a)(2)(v)), and are now
being transferred to the Director, Office
of Tribal Relations. Additionally, 7 CFR
2.4 is amended to add the Director,
Office of Tribal Relations to the list of
general officers of the Department.
Section 12306 authorizes a new
competitive grants program to support
the efforts of States, tribal governments,
and research institutions to promote the
domestic maple syrup industry. This
authority, which was delegated by SM
1076–005 to the Chief of the Forest
Service, through the Under Secretary for
NRE, is now being delegated to the
Administrator of AMS, through the
Under Secretary for MRP. The
delegations at 7 CFR 2.22 and 2.79 are
amended to reflect this.
Section 12309 directs the Secretary to
provide technical assistance to U.S.
Customs and Border Protection related
to the identification of produce that is
represented as grown in the United
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States when it is not actually grown in
the United States, as well as a report to
Congress. 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
Administrator, APHIS, respectively.
The authority of the Secretary to
administer section 12314 of the Act
(Pima Agriculture Cotton Trust Fund)
and section 12315 of the Act
(Agriculture Wool Apparel
Manufacturers Trust Fund), which was
delegated by SM 1076–005 to the
Administrator of FSA, through the
Under Secretary for FFAS, is now being
delegated through the Under Secretary
to both the Administrator of FSA and
the Administrator of the Foreign
Agricultural Service.
Section 12316 of the Act provides
continued funding for grants from the
Wool Research, Development, and
Promotion Trust Fund, which was
established by section 506 of the Trade
and Development Act of 2000 (7 U.S.C.
7101 note). The delegation of authority
to provide grants from the Trust Fund
was inadvertently omitted from 7 CFR
part 2. 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 the
Administrator, AMS.
This rulemaking does not add a
separate delegation for section 12101 of
the Act to amend a rule issued by
APHIS implementing a voluntary
trichinae certification program. That
regulation was issued under the
authority of the Agricultural Marketing
Act of 1946 and the Animal Health
Protection Act, which are already
delegated to the Administrator of
APHIS. Accordingly, no new delegation
is necessary to carry out the
requirements of section 12101 of the
Act.
Finally, this rulemaking makes a
number of miscellaneous changes by
removing delegations of statutory
authorities that were repealed by the
Act or delegations that are otherwise
obsolete, and by revising existing
delegations to reflect amendments made
by the Act or to make other updates or
corrections to descriptions and
citations.
Other Delegations
This rulemaking also amends the
delegations of authority to reflect the
2013 realignment of the Office of the
Chief Financial Officer (OCFO) and the
Office of Budget and Program Analysis
(OBPA). See Secretary’s Memorandum
1072-003 (July 11, 2013), available at
https://www.ocio.usda.gov/document/
secretarys-memorandum-1072-003. In
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2013, OCFO, previously established
within the Departmental Management
organization, was transferred from the
supervision of the Assistant Secretary
for Administration (ASA) to the
supervision of the Secretary. The
delegations from the Secretary to the
ASA in 7 CFR 2.24(a)(3), and the
delegations from the ASA to the Chief
Financial Officer in 7 CFR 2.90, are
removed. The functions of the Chief
Financial Officer are now reflected in a
new 7 CFR 2.28. Also, as part of the
2013 realignment, OBPA, previously
established within OCFO, was
transferred from the supervision of the
Chief Financial Officer to the
supervision of the Secretary. The
delegations from the Chief Financial
Officer to the Director, OBPA in 7 CFR
2.501 are removed. The functions of the
Director, OBPA are now reflected in a
new 7 CFR 2.30.
This rulemaking also amends the
delegations of authority to reflect the
realignment of the Office of Small and
Disadvantaged Business Utilization
(OSDBU) to implement amendments
made to section 15(k) of the Small
Business Act (15 U.S.C. 644(k)) by the
National Defense Authorization Act for
Fiscal Year 2013, Pub. L. 112–239. See
Secretary’s Memorandum 1076-007
(April 8, 2014), available at https://
www.ocio.usda.gov/document/
secretarys-memorandum-1076-007.
Previously, the ASA was the
Department’s Director of Small and
Disadvantaged Business Utilization,
who had management responsibility for
OSDBU. OSDBU was headed by a
Director under the supervision of the
ASA. Pursuant to the Small Business
Act amendments noted above, the
delegations of authority are being
revised to reflect that the Director,
OSDBU is now the Department’s
Director of Small and Disadvantaged
Business Utilization, who will report
directly to the Secretary or Deputy
Secretary. A new section (§ 2.37) is
added to reflect the functions and duties
of the Director, OSDBU. Additionally, 7
CFR 2.4 is amended to reflect the
Director, OSDBU as a general officer of
the Department. The delegations from
the Secretary to the ASA in 7 CFR
2.24(a)(5) are amended to reflect that
offices within the Departmental
Management organization will continue
to provide general administrative
support to OSDBU. The delegations
from the ASA to the Director, OSDBU in
7 CFR 2.92 are removed.
New delegations of authority are
added from the Under Secretary for REE
to the Director, NIFA in 7 CFR 2.66 and
the Administrator, ERS in 7 CFR 2.67 to
enter into agreements with and receive
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funds from any State, other political
subdivision, organization, or individual
for the purpose of conducting
cooperative research projects (7 U.S.C.
450a).
This rulemaking also amends the
delegation of authority from the Under
Secretary for RD to the Deputy Under
Secretary for RD in 7 CFR 2.45, which
gives the Deputy Under Secretary,
during the absence or unavailability of
the Under Secretary, the authority to
perform all the duties and exercise all
the powers delegated to the Under
Secretary. The delegation is amended to
establish the order in which a Deputy
Under Secretary may exercise that
delegation when the Rural Development
mission area has more than one Deputy
Under Secretary. The authority shall be
exercised first by the Deputy Under
Secretary for Policy and Planning, and
second by the Deputy Under Secretary
for Operations and Management.
This rulemaking also revises the
delegation of authority to the Under
Secretary for NRE in 7 CFR
2.20(a)(2)(viii) to reflect the current
administrative review authorities in 36
CFR parts 214, 218, and 219. The
delegations of authority to the Under
Secretary for NRE in 7 CFR
2.20(a)(2)(xxxix) and Chief of the Forest
Service in 7 CFR 2.60(a)(48) are revised
to reflect recent changes to the ‘‘Service
First’’ program authority (43 U.S.C.
1703).
Additionally, the delegations of
authority from the Secretary to the
Assistant Secretary for Civil Rights in 7
CFR 2.25 are amended to reflect that the
General Counsel has authority for legal
sufficiency review of, and concurrence
on, settlement offers and draft
settlement agreements in Equal
Employment Opportunity (EEO) matters
that meet certain criteria. The
delegations to the General Counsel in 7
CFR 2.31 are amended to reflect that
authority and to specify those criteria.
The rule also amends the delegations
of authority to the Assistant Secretary
for Administration in 7 CFR 2.24 and
the Director, Office of Human Resources
Management in 7 CFR 2.91 to remove
Alternative Dispute Resolution (ADR)
from the description of the term
‘‘human resources.’’ This amendment
was inadvertently omitted from the final
rule transferring ADR authorities to the
Assistant Secretary for Civil Rights (78
FR 40935, July 9, 2013).
Finally, a new delegation of authority
is added to the Assistant Secretary for
Administration in 7 CFR 2.24 and the
Director, Office of Advocacy and
Outreach in 7 CFR 2.94 to carry out
student internship programs under
section 922 of the Federal Agriculture
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Improvement and Reform Act of 1996 (7
U.S.C. 2279c).
pmangrum on DSK3VPTVN1PROD with RULES
Miscellaneous
This rulemaking amends 7 CFR part 1,
subpart H, Rules of Practice Governing
Formal Adjudicatory Proceedings
Instituted by the Secretary Under
Various Statutes, to add a reference to
section 28(o)(1) of the Mineral Leasing
Act, regarding administrative
proceedings involving suspensions or
terminations of rights-of-way. The list of
statutory provisions in 7 CFR 1.131(a)
inadvertently omitted that statutory
reference.
This rulemaking also amends the RUS
organizational rules to reflect the
provisions of the Presidential
Appointment Efficiency and
Streamlining Act of 2011, Public Law
112–166. That act amended section 232
of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C.
6942) to no longer require Senate
approval for Presidential appointments
of the Administrator, RUS. Pursuant to
that amendment, the position of
Administrator, RUS is no longer subject
to the Federal Vacancies Reform Act of
1998 (Vacancies Act) (5 U.S.C. 3345–
3349d). The regulations at 7 CFR
1700.25 and 1700.26 are amended by
removing the references to Senate
approval and the Vacancies Act. This
rulemaking also removes 7 CFR 1700.53,
which identifies the order of succession
for officials to act as the Administrator,
RUS during the Administrator’s
absence. Orders of succession for USDA
officials are coordinated uniformly by
USDA’s Office of Homeland Security
and Emergency Coordination as part of
its Continuity of Operations (COOP)
planning, and maintained by USDA
outside of the Code of Federal
Regulations framework. The order of
succession established by Executive
Order of the President of the United
States for the Secretary of Agriculture is
reflected in 7 CFR 2.5.
This rulemaking also amends the
Office of the Chief Economist, World
Agricultural Outlook Board (WAOB)
regulations by removing an obsolete
reference to remote sensing activities in
7 CFR 3800.3. WAOB’s remote sensing
authorities have been transferred to the
Assistant Secretary for Administration
and the Chief Information Officer. See
77 FR 14951 (Mar. 14, 2012).
Classification
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
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after publication in the Federal
Register. This rule also is exempt from
the provisions of Executive Order
12866. This action is not a rule as
defined by the Regulatory Flexibility
Act, as amended by the Small Business
Regulatory Enforcement Fairness Act of
1996, 5 U.S.C. 601 et seq., or the
Congressional Review 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
44105
■
Administrative practice and
procedure, Agriculture, Antitrust,
Claims, Cooperatives, Courts, Equal
access to justice, Fraud, Freedom of
information, Government employees,
Lawyers, Motion pictures, Penalties,
Privacy.
7 CFR Part 2
Authority delegations (Government
agencies)
7 CFR Part 1700
Authority delegations (Government
agencies), Electric power, Freedom of
information, Loan programscommunications, Loan programsenergy, Organization and functions
(Government agencies), Rural areas,
Telecommunications.
7 CFR Part 3800
Organization and functions
(Government agencies).
Accordingly, 7 CFR Subtitle A, and
Chapters XVII and XXXVIII, are
amended as set forth below:
Subtitle A—Office of the Secretary of
Agriculture
PART 1—ADMINISTRATIVE
REGULATIONS
Subpart H—Rules of Practice
Governing Formal Adjudicatory
Proceedings Instituted by the
Secretary Under Various Statutes
1. The authority citation for subpart H
is revised to read as follows:
■
Authority: 5 U.S.C. 301; 7 U.S.C. 61, 87e,
228, 268, 499o, 608c(14), 1592, 1624(b), 2151,
2279e, 2621, 2714, 2908, 3812, 4610, 4815,
4910, 6009, 6107, 6207, 6307, 6411, 6519,
6520, 6808, 7107, 7734, 8313; 15 U.S.C. 1828;
16 U.S.C. 620d, 1540(f), 3373; 21 U.S.C. 104,
111, 117, 120, 122, 127, 134e, 134f, 135a,
154, 463(b), 621, 1043; 30 U.S.C. 185(o)(1); 43
U.S.C. 1740; 7 CFR 2.27, 2.35.
Frm 00013
Fmt 4700
§ 1.131 Scope and applicability of this
subpart.
(a) * * *
Mineral Leasing Act, section 28(o)(1)
(30 U.S.C. 185(o)(1)).
*
*
*
*
*
PART 2—DELEGATIONS OF
AUTHORITY BY THE SECRETARY OF
AGRICULTURE AND GENERAL
OFFICERS OF THE DEPARTMENT
3. The authority citation for part 2
continues to read as follows:
7 CFR Part 1
PO 00000
2. Amend § 1.131(a) by adding a
statutory provision to the list in
alphabetical order to read as follows:
Sfmt 4700
Authority: 7 U.S.C. 6912(a)(1); 5 U.S.C.
301; Reorganization Plan No. 2 of 1953, 3
CFR 1949–1953 Comp., p. 1024.
Subpart A—General
■
4. Revise § 2.4 to read as follows:
§ 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 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 Chief Financial
Officer; the Chief Economist; the
Director, Office of Budget and Program
Analysis; the General Counsel; the
Inspector General; the Director, National
Appeals Division; the Judicial Officer;
the Director, Office of Communications;
the Director, Office of Small and
Disadvantaged Business Utilization; the
Director, Office of Tribal Relations; and
the Chief Information Officer.
Subpart C—Delegations of Authority to
the Deputy Secretary, the Under
Secretaries and Assistant Secretaries
5. Amend § 2.16 as follows:
a. Revise the heading in paragraph
(a)(1);
■ b. Revise paragraphs (a)(1)(xviii) and
(a)(1)(xxv);
■ c. Remove and reserve paragraphs
(a)(1)(xxx), (a)(1)(xxxi), (a)(1)(xxxiv)(A),
(a)(1)(xxxiv)(C), (a)(1)(xxxiv)(D),
(a)(1)(xxxiv)(F), and (a)(1)(xxxiv)(G);
■
■
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d. Add new paragraph (a)(1)(xxxvi);
e. Revise paragraphs (a)(2)(i)(C),
(a)(2)(i)(H), (a)(2)(i)(I), and (a)(2)(i)(J);
■ f. Add new paragraph (a)(2)(i)(M);
■ g. Revise paragraphs (a)(3)(xii),
(a)(3)(xiii), and (a)(3)(xiv);
■ h. Remove and reserve paragraphs
(a)(3)(xv) and (a)(3)(xvi);
■ i. Add new paragraphs (a)(3)(xlix),
(a)(4)(vi), (a)(4)(vii), (a)(4)(viii), and
(a)(4)(ix); and
■ j. Revise paragraph (b)(2)(iii).
The additions and revisions read as
follows:
■
■
pmangrum on DSK3VPTVN1PROD with RULES
§ 2.16 Under Secretary for Farm and
Foreign Agricultural Services.
(a) * * *
(1) Related to Farm Service Agency.
*
*
*
*
*
(xviii) Formulate and carry out the
Conservation Reserve Program,
including the implementation of
technical assistance, under the Food
Security Act of 1985, as amended (16
U.S.C. 1231 et seq.), and the functions
of the Grassland Reserve Program
transferred to the Conservation Reserve
Program.
*
*
*
*
*
(xxv) Administer all programs of the
Commodity Credit Corporation that
provide assistance with respect to the
production of agricultural commodities
or the income of producers, 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.
*
*
*
*
*
(xxx) [Reserved]
(xxxi) [Reserved]
*
*
*
*
*
(xxxiv) * * *
(A) [Reserved]
*
*
*
*
*
(C) [Reserved]
(D) [Reserved]
*
*
*
*
*
(F) [Reserved]
(G) [Reserved]
*
*
*
*
*
(xxxvi) Administer the following
provisions of the Agricultural Act of
2014, Public Law 113–79:
(A) Sections 1401–1410 relating to a
margin protection program for dairy
producers (7 U.S.C. 9051–9060), and
section 1431 relating to a dairy product
donation program (7 U.S.C. 9071).
(B) Section 1612 relating to the
tracking of benefits (7 U.S.C. 9095).
(C) Section 12314 relating to the Pima
Agriculture Cotton Trust Fund (7 U.S.C.
2101 note).
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(D) Section 12315 relating to the
Agriculture Wool Apparel
Manufacturers Trust Fund (7 U.S.C.
7101 note).
(2) * * *
(i) * * *
(C) Section 306A (7 U.S.C. 1926a) and
section 306B (7 U.S.C. 1926b), relating
to the emergency community water
assistance grant programs, and section
306D (7 U.S.C. 1926d), relating to water
systems for rural Alaskan Native
Villages;
*
*
*
*
*
(H) Section 310C (7 U.S.C. 1933),
relating to housing program interest
rates;
(I) Section 310G (7 U.S.C. 1936a),
relating to the use of rural development
loans and grants for other purposes, and
section 353A (7 U.S.C. 2001a), relating
to the servicing of community facilities
loans;
(J) Section 364 (7 U.S.C. 2006f) and
section 365 (7 U.S.C. 2008);
*
*
*
*
*
(M) Sections 379 (7 U.S.C. 2008n)
through 379G (7 U.S.C. 2008u) and
subtitles E through I (7 U.S.C. 2009–
2009dd–7) relating to rural development
programs and activities.
*
*
*
*
*
(3) * * *
(xii) Perform functions of the
Department in connection with the
development and implementation of
agreements to finance the sale and
exportation of agricultural commodities
under the Food for Peace Act (7 U.S.C.
1691, 1701 et seq.).
(xiii) Administer commodity
procurement and supply, transportation
(other than from point of export, except
for movement to trust territories or
possessions), handling, payment, and
related services in connection with
programs under titles II and III of the
Food for Peace Act (7 U.S.C. 1691, 1701
et seq.), and payment and related
services with respect to export programs
and barter operations.
(xiv) Coordinate within the
Department activities arising under the
Food for Peace Act (except as delegated
to the Under Secretary for Research,
Education, and Economics in
§ 2.21(a)(8)), and represent the
Department in its relationships in such
matters with the Department of State,
any interagency committee on the Food
for Peace Act, and other departments,
agencies and committees of the
Government.
(xv) [Reserved]
(xvi) [Reserved]
*
*
*
*
*
(xlix) Administer the following
provisions of the Agricultural Act of
2014, Public Law 113–79:
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
(A) Section 12314 relating to the Pima
Agriculture Cotton Trust Fund (7 U.S.C.
2101 note).
(B) Section 12315 relating to the
Agriculture Wool Apparel
Manufacturers Trust Fund (7 U.S.C.
7101 note).
(4) * * *
(vi) Carry out functions relating to
highly erodible land and wetland
conservation under sections 1211–1213
and 1221–1223 of the Food Security Act
of 1985, as amended (16 U.S.C. 3811–
3813 and 3821–3823).
(vii) Prepare cropland reports as
required by section 11014(c) of the
Agricultural Act of 2013, Public Law
113–79.
(viii) Assist the Under Secretary for
Research, Education, and Economics
with implementing section 10016 of the
Agricultural Act of 2014 regarding
locally or regionally produced
agricultural food products (7 U.S.C.
2204h).
(ix) Administer the Federal Crop
Insurance Act (7 U.S.C. 1501, et seq.),
except for sections 524(a)(1)(B), (a)(3),
and (b) (7 U.S.C. 1524(a)(1)(B), (a)(3),
(b)) and 531 (7 U.S.C. 1531).
*
*
*
*
*
(b) * * *
(2) * * *
(iii) Determining the agricultural
commodities and the quantities thereof
available for disposition under the Food
for Peace Act (7 U.S.C. 1731).
*
*
*
*
*
■ 6. Amend § 2.17 as follows:
■ a. Remove and reserve paragraph
(a)(20)(x);
■ b. Add new paragraphs (a)(20)(xii)
and (a)(20)(xiii);
■ c. Revise paragraph (a)(21)(ii)(E);
■ d. Remove and reserve paragraph
(a)(21)(iv);
■ e. Add new paragraphs (a)(21)(xxvi)
and (a)(21)(xxvii); and
■ f. Remove and reserve paragraph
(a)(28).
■ The additions and revisions read as
follows:
§ 2.17 Under Secretary for Rural
Development.
(a) * * *
(20) * * *
(x) [Reserved]
*
*
*
*
*
(xii) Administer section 6407 of the
Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8107a), relating to a
rural energy savings program.
(xiii) Administer section 6210 of the
Agricultural Act of 2014, Public Law
113–79, relating to funding of pending
rural development loan and grant
applications.
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(21) * * *
(ii) * * *
(E) Section 310H (7 U.S.C. 1936b),
relating to an intermediary relending
program.
*
*
*
*
*
(iv) [Reserved]
*
*
*
*
*
(xxvi) Administer the Healthy Food
Financing Initiative under section 243
of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C.
6953).
(xxvii) Administer section 6209 of the
Agricultural Act of 2014 (7 U.S.C.
2207b), relating to the collection and
reporting of program metrics.
(28) [Reserved]
*
*
*
*
*
■ 7. Amend § 2.19 as follows:
■ a. Remove paragraph (a)(1)(i)(M); and
■ b. Add new paragraphs (a)(1)(vii),
(a)(1)(viii), and (a)(1)(ix).
The additions read as follows:
pmangrum on DSK3VPTVN1PROD with RULES
§ 2.19 Under Secretary for Food, Nutrition,
and Consumer Services.
(a) * * *
(1) * * *
(i) * * *
(M) [Removed]
*
*
*
*
*
(vii) Administer the following
provisions of the Agricultural Act of
2014, Public Law 113–79:
(A) Section 4004(b), relating to a
demonstration project regarding the
Food Distribution Program on Indian
Reservations (7 U.S.C. 2013 note).
(B) Section 4031, relating to a
Commonwealth of the Northern Mariana
Islands pilot program regarding the
Supplemental Nutrition Assistance
Program (48 U.S.C. 1841 note).
(C) Section 4032, relating to annual
State reporting on verification of
Supplemental Nutrition Assistance
Program participation (7 U.S.C. 2036c).
(D) Section 4033, relating to service of
traditional foods in public facilities (25
U.S.C. 443d).
(E) Section 4214, relating to a pilot
project for canned, frozen, or dried
fruits and vegetables as part of the Fresh
Fruit and Vegetable Program under the
Richard B. Russell National School
Lunch Act (42 U.S.C. 1769a note).
(viii) Administer section 301 of the
National Nutrition Monitoring and
Related Research Act of 1990, relating to
the Dietary Guidelines for Americans (7
U.S.C. 5341).
(ix) Implement section 242 of the
Department of Agriculture
Reorganization Act of 1994 (7 U.S.C.
6952), relating to establishment of a
multiagency task force for the purpose
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of providing coordination and direction
for commodity programs.
*
*
*
*
*
■ 8. Amend § 2.20 as follows:
■ a. Revise paragraph (a)(2)(viii);
■ b. Remove paragraph (a)(2)(xxvii)(E);
■ c. Add new paragraph (a)(2)(xxviii);
■ d. Remove and reserve paragraph
(a)(2)(xxxvii);
■ e. Revise paragraph (a)(2)(xxxix);
■ f. Remove and reserve paragraph
(a)(2)(xliii);
■ g. Revise paragraph (a)(2)(xliv); and
■ h. Add new paragraphs (a)(2)(xlvi),
(a)(2)(xlvii), (a)(2)(xlviii), (a)(2)(xlix),
(a)(2)(l), (a)(2)(li), (a)(3)(xiii)(S),
(a)(3)(xiii)(T), (a)(3)(xiii)(U),
(a)(3)(xiii)(V), and (a)(3)(xxv).
The additions and revisions read as
follows:
§ 2.20 Under Secretary for Natural
Resources and Environment.
(a) * * *
(2) * * *
(viii) Exercise the administrative
appeal review functions of the Secretary
of Agriculture for decisions of the Chief
of the Forest Service pursuant to 36 CFR
parts 214, 218, and 219.
*
*
*
*
*
(xxviii) Represent USDA in all matters
relating to responsibilities and
authorities under the Federal Power Act
(16 U.S.C. 791a–823).
*
*
*
*
*
(xxxvii) [Reserved]
*
*
*
*
*
(xxxix) Establish programs with any
bureau of the U.S. Department of the
Interior (DOI) in support of the Service
First initiative for the purpose of
promoting customer service and
efficiency including delegating to DOI
employees those authorities of the U.S.
Department of Agriculture (USDA)
necessary to carry out projects on behalf
of USDA (43 U.S.C. 1703).
*
*
*
*
*
(xliii) [Reserved]
(xliv) Administer the community
wood energy program providing grants
to develop community wood energy
plans, acquire or upgrade community
wood energy systems, and establish or
expand biomass consumer cooperatives
(7 U.S.C. 8113).
*
*
*
*
*
(xlvi) Administer the programs
authorized by the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6501
et seq.), except for the Healthy Forests
Reserve Program authorized in title V of
such act (16 U.S.C. 6571–6578).
(xlvii) Administer Good Neighbor
contracts and cooperative agreements
with a State to carry out forest,
rangeland, and watershed restoration
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
44107
services on National Forest System
lands (16 U.S.C. 2113a; Pub. L. 106–291,
section 331, as amended).
(xlviii) Utilize the Agriculture
Conservation Experienced Services
(ACES) Program (16 U.S.C. 3851) to
provide technical services for
conservation-related programs and
authorities carried out on National
Forest System lands (16 U.S.C. 3851a).
(xlix) Administer reimbursements
received for fire suppression (42 U.S.C.
1856e; 42 U.S.C. 1856d(b)).
(l) Administer the large airtanker and
aerial asset lease program (16 U.S.C.
551c).
(li) Provide technical and other
assistance with respect to eligibility of
forest products for the ‘‘USDA Certified
Biobased Products’’ labeling program (7
U.S.C. 8102(g)).
(3) * * *
(xiii) * * *
(S) The Agricultural Conservation
Easement Program authorized by
sections 1265–1265D of the Act (16
U.S.C. 3865–3865d).
(T) The Regional Conservation
Partnership Program authorized by
sections 1271–1271F (16 U.S.C. 3871–
3871f).
(U) The Voluntary Public Access and
Habitat Incentive Program authorized by
section 1240R of the Act (16 U.S.C.
3839bb–5).
(V) A wetlands mitigation banking
program authorized by section 1222(k)
of the Act (16 U.S.C. 3822(k)).
*
*
*
*
*
(xxv) Administer the Terminal Lakes
assistance program authorized by
section 2507 of the Farm Security and
Rural Investment Act of 2002 (16 U.S.C.
3839bb–6).
*
*
*
*
*
■ 9. Amend § 2.21 as follows:
■ a. Revise paragraphs (a)(1)(ii),
(a)(1)(xix), and (a)(1)(xxv);
■ b. Remove and reserve paragraphs
(a)(1)(xxviii) and (a)(1)(xxix);
■ c. Revise paragraph (a)(1)(xxx);
■ d. Remove and reserve paragraph
(a)(1)(xlii);
■ e. Revise paragraphs (a)(1)(xlviii) and
(a)(1)(l);
■ f. Remove and reserve paragraph
(a)(1)(lv);
■ g. Revise paragraph (a)(1)(lxvi);
■ h. Remove and reserve paragraphs
(a)(1)(lxvii), (a)(1)(lxxii), (a)(1)(lxxiii),
(a)(1)(lxxiv), (a)(1)(lxxv), (a)(1)(lxxvi),
and (a)(1)(lxxviii);
■ i. Revise paragraph (a)(1)(lxxx);
■ j. Remove and reserve paragraph
(a)(1)(lxxxi);
■ k. Revise paragraph (a)(1)(lxxxii);
■ l. Remove and reserve paragraph
(a)(1)(lxxxviii);
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m. Revise paragraph (a)(1)(ciii);
n. Remove and reserve paragraphs
(a)(1)(cxi) and (a)(1)(cxvi);
■ o. Revise paragraph (a)(1)(cxvii);
■ p. Remove and reserve paragraphs
(a)(1)(cxix) and (a)(1)(cxx);
■ q. Revise paragraphs (a)(1)(cxxiv),
(a)(1)(cxxxv), and (a)(1)(cxli);
■ r. Remove and reserve paragraphs
(a)(1)(cxlv) and (a)(1)(cxlvi);
■ s. Revise paragraph (a)(1)(cliii);
■ t. Remove and reserve paragraphs
(a)(1)(clxx) and (a)(1)(clxxix);
■ u. Revise paragraphs (a)(1)(clxxxiv)
and (a)(1)(clxxxv);
■ v. Remove and reserve paragraphs
(a)(1)(clxxxviii), (a)(1)(cxcvi),
(a)(1)(cxcix), and (a)(1)(cc);
■ x. Add new paragraphs (a)(1)(ccvi),
(a)(1)(ccvii), (a)(1)(ccviii), (a)(1)(ccix),
(a)(1)(ccx), (a)(1)(ccxi), and (a)(1)(ccxii);
■ y. Revise paragraph (a)(7)(i)(C);
■ z. Remove and reserve paragraphs
(a)(8)(iii) and (a)(8)(xi);
■ aa. Add new paragraph (a)(8)(xviii);
■ bb. Remove paragraph (a)(10)(iv); and
■ cc. Revise paragraph (b)(2)(i).
The additions and revisions read as
follows:
■
■
pmangrum on DSK3VPTVN1PROD with RULES
§ 2.21 Under Secretary for Research,
Education, and Economics.
(a) * * *
(1) * * *
(ii) Provide national leadership and
support for research, extension, and
teaching programs in the food and
agricultural sciences to carry out
sustainable agriculture research and
education; a National Plant Genetic
Resources Program; a national
agricultural weather information
system; and any other provisions
pursuant to title XVI of the Food,
Agriculture, Conservation, and Trade
Act of 1990 (Pub. L. 101–624, 104 Stat.
3703).
*
*
*
*
*
(xix) Carry out a program (IR–4
Program) for the collection of residue
and efficacy data in support of
registration or reregistration of
pesticides for minor agricultural use and
for use on specialty crops, and to
determine tolerances for minor use
chemical residues in or on agricultural
commodities (7 U.S.C. 450i(e)).
*
*
*
*
*
(xxv) Conduct a Special Cotton
Research Program designed to reduce
the cost of producing upland cotton in
the United States (7 U.S.C. 1444a(c)).
*
*
*
*
*
(xxviii) [Reserved]
(xxix) [Reserved]
(xxx) Conduct education and
extension programs related to nutrition
education (7 U.S.C. 2027(a)).
*
*
*
*
*
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(xlii) [Reserved]
*
*
*
*
(xlviii) Administer a National Food
and Human Nutrition Research and
Extension Program (7 U.S.C. 3171–3173,
3175).
*
*
*
*
*
(l) Support continuing agricultural
and forestry extension and research at
1890 land-grant institutions, including
Tuskegee University (7 U.S.C. 3221,
3222, 3222d).
*
*
*
*
*
(lv) [Reserved]
*
*
*
*
*
(lxvi) Develop and make available
handbooks, technical guides, and other
educational materials emphasizing
sustainable agriculture production
systems and practices; carry out
activities related to a national training
program for sustainable agriculture (7
U.S.C. 5831, 5832).
(lxvii) [Reserved]
*
*
*
*
*
(lxxii) [Reserved]
(lxxiii) [Reserved]
(lxxiv) [Reserved]
(lxxv) [Reserved]
(lxxvi) [Reserved]
*
*
*
*
*
(lxxviii) [Reserved]
*
*
*
*
*
(lxxx) Administer a competitive high
priority research and extension grants
program in specified subject areas (7
U.S.C. 5925), including pollinator
activities (7 U.S.C. 5925(g)) not
otherwise delegated to the Under
Secretary for Marketing and Regulatory
Programs in § 2.22(a)(2)(xli); prepare an
annual report to Congress regarding
pollinator issues (7 U.S.C. 5925(g)(5)).
(lxxxi) [Reserved]
(lxxxii) Administer competitive grants
to support research, education, and
extension activities regarding
organically grown and processed
agricultural commodities (7 U.S.C.
5925b).
*
*
*
*
*
(lxxxviii) [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–582–8).
*
*
*
*
*
(cxi) [Reserved]
*
*
*
*
*
(cxvi) [Reserved]
(cxvii) Obtain and furnish Federal
excess property to eligible recipients for
*
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use in the conduct of research and
extension programs (40 U.S.C. 525(c)).
*
*
*
*
*
(cxix) [Reserved]
(cxx) [Reserved]
*
*
*
*
*
(cxxiv) Represent the Department on
the Federal Interagency Committee on
Education.
*
*
*
*
*
(cxxxv) Administer the Department’s
Patent Program except as delegated to
the General Counsel in § 2.31(a)(5).
*
*
*
*
*
(cxli) Implement and administer the
Community Food Projects Program
under section 25 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2034).
*
*
*
*
*
(cxlv) [Reserved]
(cxlvi) [Reserved]
*
*
*
*
*
(cliii) Establish procedures that
provide for scientific peer review of
each agricultural research grant
administered on a competitive basis,
and for relevancy and merit review of
each agricultural research, extension, or
education grant administered on a
competitive basis, by the National
Institute of Food and Agriculture (7
U.S.C. 7613(a)).
*
*
*
*
*
(clxx) [Reserved]
*
*
*
*
*
(clxxix) [Reserved]
*
*
*
*
*
(clxxxiv) Administer grants to assist
the land-grant colleges and universities
in insular areas to acquire, alter, or
repair facilities or relevant equipment
necessary for conducting agricultural
research; and to support tropical and
subtropical agricultural research,
including pest and disease research (7
U.S.C. 3222b–2).
(clxxxv) Enter into agreements
necessary to administer an HispanicServing Agricultural Colleges and
Universities Fund; enter into
agreements necessary to administer a
program of making annual payments to
Hispanic-serving agricultural colleges
and universities; administer an
institutional capacity-building grants
program for Hispanic-serving
agricultural colleges and universities;
administer a competitive grants program
to fund fundamental and applied
research and extension at Hispanicserving agricultural colleges and
universities and to award competitive
grants to Hispanic-serving agricultural
colleges and universities to provide for
training in the food and agricultural
sciences of Hispanic agricultural
workers and Hispanic youth working in
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the food and agricultural sciences (7
U.S.C. 3243).
*
*
*
*
*
(clxxxviii) [Reserved]
*
*
*
*
*
(cxcvi) [Reserved]
*
*
*
*
*
(cxcix) [Reserved]
(cc) [Reserved]
*
*
*
*
*
(ccvi) Administer a food insecurity
nutrition incentive program (7 U.S.C.
7517).
(ccvii) Administer a food and
agriculture service learning grant
program (7 U.S.C. 7633).
(ccviii) Administer a veterinary
services grant program (7 U.S.C. 3151b).
(ccix) Enter into grants, contracts,
cooperative agreements, or other legal
instruments with former Department of
Agriculture agricultural research
facilities (7 U.S.C. 3315(b)).
(ccx) Administer a forestry and
forestry products research and extension
initiative (7 U.S.C. 7655b).
(ccxi) Submit to Congress an annual
report describing agricultural research,
extension, and education activities
carried out by the Federal Government
(7 U.S.C. 7614c(f)).
(ccxii) Enter into cooperative
agreements with institutions of higher
education regarding the dissemination
of agricultural and food law research,
legal tools, and information (7 U.S.C.
3125a–1).
*
*
*
*
*
(7) * * *
(i) * * *
(C) Research on the factors affecting
food preference and habits (7 U.S.C.
3171–3173, 3175).
*
*
*
*
*
(8) * * *
(iii) [Reserved]
*
*
*
*
*
(xi) [Reserved]
*
*
*
*
*
(xviii) Coordinate implementation of
section 10016 of the Agricultural Act of
2014 regarding locally or regionally
produced agricultural food products (7
U.S.C. 2204h).
*
*
*
*
*
(b) * * *
(2) * * *
(i) Final approval and issuance of the
crop and livestock reports.
*
*
*
*
*
■ 10. Amend § 2.22 as follows:
■ a. Revise paragraphs (a)(1)(i),
(a)(1)(ii)(C), and (a)(1)(viii)(CCC);
■ b. Remove and reserve paragraphs
(a)(1)(viii)(MMM) and (a)(1)(viii)(PPP);
c. Add new paragraphs
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(a)(1)(viii)(QQQ), (a)(1)(viii)(RRR),
(a)(1)(viii)(SSS), and (a)(1)(xiii);
■ d. Revise paragraph (a)(2)(xli); and
■ e. Add new paragraph (a)(2)(xlii).
The additions and revisions read as
follows:
§ 2.22 Under Secretary for Marketing and
Regulatory Programs.
(a) * * *
(1) * * *
(i) Exercise the functions of the
Secretary of Agriculture contained in
the Agricultural Marketing Act of 1946,
as amended (7 U.S.C. 1621–1627b),
including payments to State
Departments of Agriculture in
connection with cooperative marketing
service projects under section 204(b) (7
U.S.C. 1623(b)), but excepting matters
otherwise assigned.
(ii) * * *
(C) Application of presently available
scientific knowledge to the solution of
practical problems encountered in the
marketing of agricultural products (7
U.S.C. 1621–1627b).
*
*
*
*
*
(viii) * * *
(CCC) Farmers’ Market Promotion
Program (7 U.S.C. 3005).
*
*
*
*
*
(MMM) [Reserved]
*
*
*
*
*
(PPP) [Reserved]
(QQQ) Section 4213(c) of the
Agricultural Act of 2014 (7 U.S.C.
1755b(c)).
(RRR) Section 12306 of the
Agricultural Act of 2014 (7 U.S.C.
1632c).
(SSS) Section 506 of the Trade and
Development Act of 2000 (7 U.S.C. 7101
note).
*
*
*
*
*
(xiii) Assist the Under Secretary for
Research, Education, and Economics
with implementing section 10016 of the
Agricultural Act of 2014 regarding
locally or regionally produced
agricultural food products (7 U.S.C.
2204h).
(2) * * *
(xli) Section 1672(g)(3) of the Food,
Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925(g)(3))
regarding honey bee pest, pathogen,
health, and population status
surveillance.
(xlii) Section 12309 of the
Agricultural Act of 2014 regarding
produce represented as grown in the
United States (19 U.S.C. 1304a).
*
*
*
*
*
§ 2.23
[Amended]
11. Amend § 2.23 by removing
paragraph (a)(1)(v).
■
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44109
12. Amend § 2.24 as follows:
a. Remove and reserve paragraph
(a)(3);
■ b. Remove paragraph (a)(4)(x)(Z);
■ c. Revise paragraph (a)(5);
■ d. Add new paragraphs (a)(6)(xix) and
(a)(7)(xv); and
■ e. Remove paragraph (a)(13).
The additions and revisions read as
follows:
■
■
§ 2.24 Assistant Secretary for
Administration.
(a) * * *
(3) [Reserved]
*
*
*
*
*
(5) Related to small and
disadvantaged business utilization.
Provide general administrative support
to the Office of Small and
Disadvantaged Business Utilization,
consistent with the other delegations of
authority to the Assistant Secretary for
Administration in this section.
(6) * * *
(xix) In coordination with the Chief
Financial Officer, implement the
debarment authorities in section 14211
of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 2009j), in
connection with procurement activities.
*
*
*
*
*
(7) * * *
(xv) Serve as a lead agency in carrying
out student internship programs (7
U.S.C. 2279c).
*
*
*
*
*
■ 13. Amend § 2.25 by revising
paragraph (a)(16)(i)(C), to read as
follows:
§ 2.25
Assistant Secretary for Civil Rights.
(a) * * *
(16) * * *
(i) * * *
(C) To make final agency decisions, or
enter into settlement agreements on EEO
complaints by Department employees or
applicants for employment and order
such corrective measures in response to
such complaints as may be considered
necessary, except that in qualifying
cases as described in § 2.31(a)(18) the
Assistant Secretary for Civil Rights must
first obtain legal sufficiency review and
concurrence by the General Counsel
before extending settlement offers or
entering into settlement agreements.
Corrective measures may include
recommending to the Office of Human
Resources Management and the affected
agency or office that appropriate
disciplinary action be taken when an
employee has been found to have
engaged in a discriminatory practice.
*
*
*
*
*
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Subpart D—Delegations of Authority to
Other General Officers and Agency
Heads
■
14. Add § 2.28 to read as follows:
pmangrum on DSK3VPTVN1PROD with RULES
§ 2.28
Chief Financial Officer.
(a) The Chief Financial Officer, under
the supervision of the Secretary of
Agriculture, is responsible for executing
the duties enumerated for agency Chief
Financial Officers in the Chief Financial
Officers Act of 1990, Public Law 101–
576, 31 U.S.C. 902, and additional
specified duties, including:
(1) Report directly to the Secretary
regarding financial management
matters.
(2) Oversee all financial management
activities relating to the programs and
operations of the Department and
component agencies.
(3) Develop and maintain an
integrated accounting and financial
system for the Department and
component agencies, including financial
reporting and internal controls, which—
(i) Complies with applicable
accounting principles, standards, and
requirements, and internal control
standards;
(ii) Complies with such policies and
requirements as may be prescribed by
the Director of the Office of
Management and Budget (OMB);
(iii) Complies with any other
requirements applicable to such
systems; and
(iv) Provides for complete, reliable,
consistent, and timely information
which is prepared on a uniform basis
and which is responsive to the financial
information needs of Department
management and for the development
and reporting of cost information, the
integration of accounting and budgeting
information, and the systematic
measurement of performance.
(4) Make recommendations to the
Secretary regarding the selection of the
Deputy Chief Financial Officer of the
Department, and selection of principal
financial officers of component agencies
of the Department.
(5) Direct, manage, and provide policy
guidance and oversight of Department
financial management personnel,
activities, and operations, including:
(i) Prepare and annually revise a
Departmental plan to:
(A) Implement the 5-year financial
management plan prepared by the
Director of OMB under 31 U.S.C.
3512(a)(3); and
(B) Comply with the requirements
established for agency financial
statements under 31 U.S.C. 3515 and
with the requirements for audits of
Department financial statements
established in 31 U.S.C. 3521(e) and (f).
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(ii) Develop Departmental financial
management budgets, including the
oversight and recommendation of
approval of component agency financial
management budgets.
(iii) Recruit, select, and train
personnel to carry out Departmental
financial management functions.
(iv) Approve and manage
Departmental, and approve component
agency, financial management systems
design or enhancement projects.
(v) Implement and approve
Departmental, and approve component
agency, asset management systems,
including systems for cash management,
credit management, debt collection, and
property and inventory management
and control.
(6) Prepare and transmit, by not later
than 60 days after the submission of the
audit report required by 31 U.S.C.
3521(f), an annual report to the
Secretary and the Director of OMB,
which shall include:
(i) A description and analysis of the
status of financial management of the
Department.
(ii) The annual financial statements
prepared under 31 U.S.C. 3521.
(iii) The audit report transmitted to
the Secretary under 31 U.S.C. 3521.
(iv) A summary of the reports on
internal accounting and administrative
control systems submitted to the
President and the Congress under the
amendments made by the Federal
Managers’ Financial Integrity Act of
1982 (31 U.S.C. 1113, 3512).
(v) Other information the Secretary
considers appropriate to inform fully
the President and the Congress
concerning the financial management of
the Department.
(7) Monitor the financial execution of
the budget of the Department in relation
to projected and actual expenditures,
and prepare and submit to the Secretary
timely performance reports.
(8) Review, on a biennial basis, the
fees, royalties, rent, and other charges
imposed by the Department for services
and things of value it produces, and
make recommendations on revising
those charges to reflect costs incurred by
the Department in providing those
services and things of value.
(9) Access all records, reports, audits,
reviews, documents, papers,
recommendations, or other material that
are the property of the Department or
that are available to the Department, and
that relate to programs and operations
with respect to which the Chief
Financial Officer has responsibilities,
except that this grant allows no access
greater than that permitted under any
other law to records, reports, audits,
reviews, documents, papers,
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recommendations, or other material of
the Office of Inspector General.
(10) Request such information or
assistance as may be necessary for
carrying out the duties and
responsibilities granted by the Chief
Financial Officers Act of 1990 (Pub. L.
101–576), from any Federal, State, or
local governmental entity.
(11) To the extent and in such
amounts as may be provided in advance
by appropriations acts, enter into
contracts and other arrangements with
public agencies and with private
persons for the preparation of financial
statements, studies, analyses, and other
services, and making such payments as
may be necessary to carry out the duties
and prerogatives of the Chief Financial
Officer.
(12) Designate the Department’s
Comptroller of the Department Working
Capital Fund.
(13) Establish Departmental policies,
standards, techniques, and procedures
applicable to all USDA agencies for the
following areas:
(i) Development, maintenance, review
and approval of all departmental, and
review and approval of component
agency, internal control, fiscal, financial
management and accounting systems
including the financial aspects of
payment management and property
systems.
(ii) Selection, standardization, and
simplification of program delivery
processes utilizing grants, cooperative
agreements and other forms of Federal
assistance.
(iii) Review and approval of Federal
assistance, internal control, fiscal,
accounting and financial management
regulations and instructions proposed or
issued by USDA agencies for conformity
with Departmental requirements.
(iv) Section 5301 of the Anti–Drug
Abuse Act of 1988 (21 U.S.C. 862) as it
relates to grants, loans, and licenses.
(14) Establish policies related to the
Department Working Capital Fund.
(15) Approve regulations, procedures
and rates for goods and services
financed through the Department
Working Capital Fund which will
impact the financial administration of
the Fund.
(16) Exercise responsibility and
authority for operating USDA’s financial
and subsidiary management systems
and related administrative systems
including: Departmentwide payroll and
personnel information systems,
statistics, administrative payments,
billings and collections, and related
reporting systems that are either
requested by the agencies or required by
the Department.
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(17) Manage the National Finance
Center (NFC).
(18) Provide management support
services for the NFC, and by agreement
with agency heads concerned, provide
such services for other USDA tenants
housed in the same facility. As used
herein, such management support
services shall include:
(i) Personnel services, as listed in
§ 2.24(a)(4)(x), and organizational
support services, with authority to take
actions required by law or regulation to
perform such services; and
(ii) Procurement, property
management, space management,
communications, messenger, paperwork
management, and related administrative
services, with authority to take actions
required by law or regulation to perform
such services.
(19) Exercise responsibility and
authority for all matters related to the
Department’s accounting and financial
operations including such activities as:
(i) Financial administration, including
accounting and related activities.
(ii) Reviewing financial aspects of
agency operations and proposals.
(iii) Furnishing consulting services to
agencies to assist them in developing
and maintaining accounting and
financial management systems and
internal controls, and for other purposes
consistent with delegations in paragraph
(a)(13) of this section.
(iv) Reviewing and monitoring agency
implementation of Federal assistance
policies.
(v) Reviewing and approving
agencies’ accounting systems
documentation including related
development plans, activities, and
controls.
(vi) Monitoring agencies’ progress in
developing and revising accounting and
financial management systems and
internal controls.
(vii) Evaluating agencies’ financial
systems to determine the effectiveness
of procedures employed, compliance
with regulations, and the
appropriateness of policies and
practices.
(viii) Promulgation of Department
schedule of fees and charges for
reproductions, furnishing of copies and
making searches for official records
pursuant to the Freedom of Information
Act, 5 U.S.C. 552.
(ix) Monitoring USDA
implementation of section 5301 of the
Anti-Drug Abuse Act of 1988 (21 U.S.C.
862) as it relates to grants, loans, and
licenses.
(20) Establish Department and
approve component agency programs,
policies, standards, systems, techniques
and procedures to improve the
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management and operational efficiency
and effectiveness of the USDA
including:
(i) Increased use of operations
research and management science in the
areas of productivity and management.
(ii) All activities financed through the
Department Working Capital Fund.
(21) Develop Departmental policies,
standards, techniques, and procedures
for the conduct of reviews and analysis
of the utilization of the resources of
State and local governments, other
Federal agencies and of the private
sector in domestic program operations.
(22) Represent the Department in
contacts with OMB, General Services
Administration, GAO, Department of
the Treasury, Office of Personnel
Management, Department of Health and
Human Services, Department of Labor,
Environmental Protection Agency,
Department of Commerce, Congress of
the United States, State and local
governments, universities, and other
public and private sector individuals,
organizations or agencies on matters
related to assigned responsibilities.
(23) Establish policies related to travel
by USDA employees.
(24) Provide budget, accounting,
fiscal, and related financial management
services, with authority to take action
required by law or regulation to provide
such services for:
(i) The Secretary of Agriculture.
(ii) The general officers of the
Department, except the Inspector
General.
(iii) The offices and agencies reporting
to the Assistant Secretary for
Administration as a Working Capital
Fund activity.
(iv) Any other offices or agencies of
the Department as may be agreed.
(25) Develop, promulgate, and
coordinate Department-wide policy
concerning nonprocurement debarment
and suspension.
(26) Prepare and submit to Congress
reports on conferences sponsored or
held by the Department or attended by
employees of the Department (7 U.S.C.
2255b).
(27) Administer the debarment
authorities in section 14211 of the Food,
Conservation, and Energy Act of 2008 (7
U.S.C. 2209j) in coordination with the
Director, Office of Procurement and
Property Management.
(28) Redelegate, as appropriate, any
authority delegated under this section to
general officers of the Department and
heads of Departmental agencies.
(b) [Reserved]
■ 15. Amend § 2.29 as follows:
■ a. Remove paragraph (a)(11)(ix); and
■ b. Add new paragraphs (a)(14)(iii) and
(b).
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44111
The additions read as follows:
§ 2.29
Chief Economist.
(a) * * *
(14) * * *
(iii) Make competitive grants to, or
enter into cooperative agreements with,
agricultural and food policy research
centers (7 U.S.C. 3155).
(b) [Reserved]
■ 16. Add § 2.30 to read as follows:
§ 2.30 Director, Office of Budget and
Program Analysis.
(a) The following delegations of
authority are made by the Secretary of
Agriculture to the Director, Office of
Budget and Program Analysis:
(1) Serve as the Department’s Budget
Officer and exercise general
responsibility and authority for all
matters related to the Department’s
budgeting affairs including:
(i) Resource administration, including
all phases of the acquisition, and
distribution of funds and staff years.
(ii) Legislative and regulatory
reporting and related activities.
(2) Provide staff assistance for the
Secretary, general officers, and other
Department and agency officials.
(3) Formulate and promulgate
Departmental budgetary, legislative and
regulatory policies and procedures.
(4) Represent the Department in
contacts with the Office of Management
and Budget, the Government
Accountability Office, the Department
of the Treasury, Congressional
Committees on Appropriations, and
other organizations and agencies on
matters related to his or her
responsibility.
(5) Coordinate and/or conduct policy
and program analyses on agency
operations and proposals to assist the
Secretary, general officers and other
Department and agency officials in
formulating and implementing USDA
policies and programs.
(6) Review and analyze legislation,
regulations, and policy options to
determine their impact on USDA
programs and policy objectives and on
the Department’s budget.
(7) Monitor ongoing studies with
significant program or policy
implications.
(8) Exercise responsibility for
coordinating and overseeing the
implementation of the Government
Performance and Results Act of 1993,
Public Law 103–62, and the GPRA
Modernization Act of 2010, Public Law
111–352, at the Department.
(b) The following authority is reserved
to the Secretary of Agriculture: Final
approval of the Department’s program
and financial plans.
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17. Amend § 2.31 by adding new
paragraph (a)(18), to read as follows:
■
§ 2.31
General Counsel.
(a) * * *
(18) Conduct legal sufficiency reviews
and concur prior to final
implementation for all Equal
Employment Opportunity (EEO)
settlement offers and agreements
involving complaints that:
(i) Are brought by, or allege
discriminatory conduct by, any political
appointee;
(ii) Involve any combination of
compensatory damages, attorney’s fees,
back pay awards, or any other
compensation resulting in costs to the
Department totaling $200,000 or more;
or
(iii) Place any political appointee on
a detail outside the Department or on an
Intergovernmental Personnel Act (IPA)
agreement for one year or more if the
Department retains the obligation to pay
the employee’s salary and benefits
during the duration of the detail or IPA
agreement.
*
*
*
*
*
■ 18. Amend § 2.34 by revising the
introductory text to read as follows:
§ 2.34
Director, National Appeals Division.
The Director, National Appeals
Division, under the general supervision
of the Secretary or Deputy Secretary, has
specific duties, responsibilities, and
authorities pursuant to subtitle H of the
Department of Agriculture
Reorganization Act of 1994, Public Law
103–354 (7 U.S.C. 6991 et seq.),
including:
*
*
*
*
*
■ 19. Add § 2.37 to subpart D to read as
follows:
pmangrum on DSK3VPTVN1PROD with RULES
§ 2.37 Director, Office of Small and
Disadvantaged Business Utilization.
(a) In compliance with the Small
Business Act, the Director, Office of
Small and Disadvantaged Business
Utilization is designated as the
Department’s Director of Small and
Disadvantaged Business Utilization,
who shall report directly to the
Secretary of Agriculture or the Deputy
Secretary of Agriculture. The Director of
Small and Disadvantaged Business
Utilization has specific responsibilities
under the Small Business Act, 15 U.S.C.
644(k). These duties include being
responsible for the following:
(1) Administer the Department’s small
and disadvantaged business activities
related to procurement contracts,
minority bank deposits, and grants and
loan activities affecting small and
minority businesses including womenowned business, and the small business,
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small minority business, and small
women-owned business subcontracting
programs.
(2) Provide Departmentwide liaison
and coordination of activities related to
small, small disadvantaged, and
women-owned businesses with the
Small Business Administration and
others in the public and private sector.
(3) Develop policies and procedures
required by the applicable provision of
the Small Business Act, as amended, to
include the establishment of goals.
(4) Implement and administer
programs described under sections 8
and 15 of the Small Business Act, as
amended (15 U.S.C. 637 and 644).
(5) In compliance with the Veterans
Benefits Act of 2003 (Pub. L. 108–183)
amending the Small Business Act,
implement and administer procurement
programs for small business concerns
owned and controlled by servicedisabled veterans.
(b) The following additional
authorities are delegated by the
Secretary of Agriculture to the Director,
Office of Small and Disadvantaged
Business Utilization:
(1) In compliance with the JavitsWagner-O’Day Act (41 U.S.C. 8501 et
seq.), implement and administer the
Department’s AbilityOne program for
purchases from qualified nonprofit
agencies for the blind or for the severely
disabled.
(2) [Reserved]
■ 20. Add § 2.38 to subpart D to read as
follows:
§ 2.38
Director, Office of Tribal Relations.
(a) Delegations. The following
delegations of authority are made by the
Secretary of Agriculture to the Director,
Office of Tribal Relations:
(1) Serve as the Department’s primary
point of contact for tribal issues.
(2) Advise the Secretary on policies
related to Indian tribes.
(3) Serve as the official with principal
responsibility for the implementation of
Executive Order 13175, ‘‘Consultation
and Coordination with Indian Tribal
Governments,’’ including the provision
of Department-wide guidance and
oversight regarding tribal consultation,
coordination, and collaboration.
(4) Coordinate the Department’s
programs involving assistance to
American Indians and Alaska Natives.
(5) Enter into cooperative agreements
to improve the coordination and
effectiveness of Federal programs,
services, and actions affecting rural
areas (7 U.S.C. 2204b(b)(4)); and to
provide outreach and technical
assistance to socially disadvantaged
farmers and ranchers and veteran
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farmers and ranchers (7 U.S.C.
2279(a)(3)).
(b) [Reserved]
Subpart F—Delegations of Authority
by the Under Secretary for Farm and
Foreign Agricultural Services
21. Amend § 2.42 as follows:
a. Revise paragraphs (a)(20),
(a)(28)(iii), (a)(28)(viii), (a)(28)(ix), and
(a)(28)(x);
■ b. Add new paragraph (a)(28)(xiii);
■ c. Revise paragraph (a)(45);
■ d. Remove and reserve paragraphs
(a)(52), (a)(53), (a)(56)(i), (a)(56)(iii),
(a)(56)(iv), (a)(56)(vi), and (a)(56)(vii);
and
■ e. Add new paragraphs (a)(58) and
(a)(59).
The additions and revisions read as
follows:
■
■
§ 2.42 Administrator, Farm Service
Agency.
(a) * * *
*
*
*
*
(20) Formulate and carry out the
Conservation Reserve Program,
including the implementation of
technical assistance, under the Food
Security Act of 1985, as amended (16
U.S.C. 1231 et seq.), and the functions
of the Grassland Reserve Program
transferred to the Conservation Reserve
Program.
*
*
*
*
*
(28) * * *
(iii) Section 306A (7 U.S.C. 1926a)
and section 306B (7 U.S.C. 1926b),
relating to the Emergency Community
Water Assistance Grant Programs, and
section 306D (7 U.S.C. 1926d), relating
to water systems for rural Alaskan
Native Villages;
*
*
*
*
*
(viii) Section 310C (7 U.S.C. 1933),
relating to housing program interest
rates;
(ix) Section 310G (7 U.S.C. 1936a),
relating to the use of rural development
loans and grants for other purposes, and
section 353A (7 U.S.C. 2001a), relating
to the servicing of community facilities
loans;
(x) Section 364 (7 U.S.C. 2006f) and
section 365 (7 U.S.C. 2008);
*
*
*
*
*
(xiii) Sections 379 (7 U.S.C. 2008n)
through 379G (7 U.S.C. 2008u) and
subtitles E through I (7 U.S.C. 2009–
2009dd-7) relating to rural development
programs and activities.
*
*
*
*
*
(45) Administer all programs of the
Commodity Credit Corporation that
provide assistance with respect to the
production of agricultural commodities
*
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or the income of producers, including
disaster assistance and the domestic
marketing of such commodities, except
as may otherwise be reserved by the
Under Secretary for Farm and Foreign
Agricultural Services, and similar
programs (including commodity quality
development programs) consigned by
statute to the Secretary of Agriculture
unless otherwise delegated.
*
*
*
*
*
(52) [Reserved]
(53) [Reserved]
*
*
*
*
*
(56) * * *
(i) [Reserved]
*
*
*
*
*
(iii) [Reserved]
(iv) [Reserved]
*
*
*
*
*
(vi) [Reserved]
(vii) [Reserved]
*
*
*
*
*
(58) Administer the following
provisions of the Agricultural Act of
2014, Public Law 113–79:
(i) Sections 1401–1410 relating to a
margin protection program for dairy
producers (7 U.S.C. 9051–9060), and
section 1431 relating to a dairy product
donation program (7 U.S.C. 9071).
(ii) Section 1612 relating to the
tracking of benefits (7 U.S.C. 9095).
(iii) Section 12314 relating to the
Pima Agriculture Cotton Trust Fund (7
U.S.C. 2101 note), in coordination with
the Administrator, Foreign Agricultural
Service.
(iv) Section 12315 relating to the
Agriculture Wool Apparel
Manufacturers Trust Fund (7 U.S.C.
7101 note), in coordination with the
Administrator, Foreign Agricultural
Service.
(59) Enter into cooperative agreements
under section 1472(b) of the National
Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C.
3318(b)) for the purpose of
implementing section 1614(c)(3) of the
Agricultural Act of 2014 (7 U.S.C.
9097(c)).
*
*
*
*
*
■ 22. Amend § 2.43 as follows:
■ a. Revise paragraphs (a)(16) and
(a)(17);
■ b. Remove and reserve paragraphs
(a)(18) and (a)(19); and
■ c. Add new paragraph (a)(50).
The additions and revisions read as
follows:
§ 2.43 Administrator, Foreign Agricultural
Service.
(a) * * *
(16) Perform functions of the
Department in connection with the
development and implementation of
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agreements to finance the sale and
exportation of agricultural commodities
on long-term credit or for foreign
currencies under the Food for Peace Act
(7 U.S.C. 1691, 1701 et seq.).
(17) Coordinate within the
Department activities arising under the
Food for Peace Act (except as delegated
to the Under Secretary for Research,
Education, and Economics in
§ 2.21(a)(8)), and to represent the
Department in its relationships in such
matters with the Department of State,
any interagency committee on the Food
for Peace Act, and other departments,
agencies, and committees of the
Government.
(18) [Reserved]
(19) [Reserved]
*
*
*
*
*
(50) Administer the following
provisions of the Agricultural Act of
2014, Public Law 113–79:
(i) Section 12314 relating to the Pima
Agriculture Cotton Trust Fund (7 U.S.C.
2101 note), in coordination with the
Administrator, Farm Service Agency.
(ii) Section 12315 relating to the
Agriculture Wool Apparel
Manufacturers Trust Fund (7 U.S.C.
7101 note), in coordination with the
Administrator, Farm Service Agency.
*
*
*
*
*
23. Amend § 2.44 by adding new
paragraphs (a)(5), (a)(6), (a)(7), and
(a)(8), to read as follows:
■
§ 2.44 Administrator, Risk Management
Agency and Manager, Federal Crop
Insurance Corporation
(a) * * *
(5) Carry out functions relating to
highly erodible land and wetland
conservation under sections 1211–1213
and 1221–1223 of the Food Security Act
of 1985, as amended (16 U.S.C. 3811–
3813 and 3821–3823).
(6) Prepare cropland reports as
required by section 11014(c) of the
Agricultural Act of 2013, Public Law
113–79.
(7) Assist the Administrator,
Economic Research Service with
implementing section 10016 of the
Agricultural Act of 2014 regarding
locally or regionally produced
agricultural food products (7 U.S.C.
2204h).
(8) Administer the Federal Crop
Insurance Act (7 U.S.C. 1501, et seq.),
except for sections 524(a)(1)(B), (a)(3),
and (b) (7 U.S.C. 1524(a)(1)(B), (a)(3),
(b)) and 531 (7 U.S.C. 1531).
*
*
*
*
*
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Subpart G—Delegations of Authority
by the Under Secretary for Rural
Development
■
24. Revise § 2.45 to read as follows:
§ 2.45 Deputy Under Secretary for Rural
Development.
Pursuant to § 2.17(a), subject to
reservations in § 2.17(b), and subject to
policy guidance and direction by the
Under Secretary for Rural Development,
the following delegation of authority is
made to the Deputy Under Secretary for
Rural Development, 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
Rural Development: Provided, that this
authority shall be exercised first by the
Deputy Under Secretary for Policy and
Planning, and second by the Deputy
Under Secretary for Operations and
Management.
■ 25. Amend § 2.47 as follows:
■ a. Revise the introductory text in
paragraph (a);
■ b. Remove and reserve paragraphs
(a)(4)(xii) and (a)(15); and
■ c. Add new paragraphs (a)(17) and
(a)(18).
The additions and revisions read as
follows:
§ 2.47 Administrator, Rural Utilities
Service.
(a) Delegations. Pursuant to
§§ 2.17(a)(14) and (a)(16) through
(a)(20), and subject to policy guidance
and direction by the Under Secretary for
Rural Development, the following
delegations of authority are made by the
Under Secretary for Rural Development
to the Administrator, Rural Utilities
Service:
*
*
*
*
*
(4) * * *
(xii) [Reserved]
*
*
*
*
*
(15) [Reserved]
*
*
*
*
*
(17) Administer section 6407 of the
Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8107a), relating to a
rural energy savings program.
(18) Administer section 6210 of the
Agricultural Act of 2014, Public Law
113–79, relating to funding of pending
rural development loan and grant
applications.
*
*
*
*
*
■ 26. Amend § 2.48 as follows:
■ a. Revise the introductory text of
paragraph (a) and paragraph (a)(2)(v);
■ b. Remove and reserve paragraph
(a)(4); and
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c. Add new paragraphs (a)(33) and
(a)(34).
The additions and revisions read as
follows:
■
§ 2.48 Administrator, Rural BusinessCooperative Service.
(a) Delegations. Pursuant to
§§ 2.17(a)(1), (a)(2), (a)(14), (a)(16)
through (a)(19), and (a)(21), subject to
reservations in § 2.17(b)(1), and subject
to policy guidance and direction by the
Under Secretary for Rural Development,
the following delegations of authority
are made by the Under Secretary for
Rural Development to the
Administrator, Rural BusinessCooperative Service:
*
*
*
*
*
(2) * * *
(v) Section 310H (7 U.S.C. 1936b),
relating to an intermediary relending
program.
*
*
*
*
*
(4) [Reserved]
*
*
*
*
*
(33) Administer the Healthy Food
Financing Initiative under section 243
of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C.
6953).
(34) Administer section 6209 of the
Agricultural Act of 2014 (7 U.S.C.
2207b), relating to the collection and
reporting of program metrics.
*
*
*
*
*
■ 27. Amend § 2.49 by revising the
introductory text of paragraph (a), to
read as follows:
§ 2.49 Administrator, Rural Housing
Service.
(a) Delegations. Pursuant to
§§ 2.17(a)(14), (a)(16) through (a)(19)
and (a)(22), and subject to policy
guidance and direction by the Under
Secretary for Rural Development, the
following delegations of authority are
made by the Under Secretary for Rural
Development to the Administrator,
Rural Housing Service:
*
*
*
*
*
Subpart I—Delegations of Authority by
the Under Secretary for Food,
Nutrition, and Consumer Services
28. Amend § 2.57 as follows:
a. Remove paragraph (a)(1)(xiii); and
b. Add new paragraphs (a)(15) and
(a)(16)
The additions read as follows:
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■
■
■
§ 2.57 Administrator, Food and Nutrition
Service.
(a) * * *
(15) Administer the following
provisions of the Agricultural Act of
2014, Public Law 113–79:
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Jkt 232001
(i) Section 4004(b), relating to a
demonstration project regarding the
Food Distribution Program on Indian
Reservations (7 U.S.C. 2013 note).
(ii) Section 4031, relating to a
Commonwealth of the Northern Mariana
Islands pilot program regarding the
Supplemental Nutrition Assistance
Program (48 U.S.C. 1841 note).
(iii) Section 4032, relating to annual
State reporting on verification of
Supplemental Nutrition Assistance
Program participation (7 U.S.C. 2036c).
(iv) Section 4033, relating to service of
traditional foods in public facilities (25
U.S.C. 443d).
(v) Section 4214, relating to a pilot
project for canned, frozen, or dried
fruits and vegetables as part of the Fresh
Fruit and Vegetable Program under the
Richard B. Russell National School
Lunch Act (42 U.S.C. 1769a note).
(16) Administer section 301 of the
National Nutrition Monitoring and
Related Research Act of 1990, relating to
the Dietary Guidelines for Americans (7
U.S.C. 5341).
*
*
*
*
*
Subpart J—Delegations of Authority by
the Under Secretary for Natural
Resources and Environment
29. Amend § 2.60 as follows:
a. Revise paragraph (a)(28);
b. Remove and reserve paragraph
(a)(45);
■ c. Revise paragraph (a)(48);
■ d. Remove and reserve paragraph
(a)(52);
■ e. Revise paragraph (a)(53); and
■ f. Add new paragraphs (a)(55), (a)(56),
(a)(57), (a)(58), (a)(59), and (a)(60).
The additions and revisions read as
follows:
■
■
■
§ 2.60
Chief, Forest Service.
(a) * * *
(28) Represent USDA in all matters
relating to responsibilities and
authorities under the Federal Power Act
(16 U.S.C. 791a–823).
*
*
*
*
*
(45) [Reserved]
*
*
*
*
*
(48) Establish programs with any
bureau of the U.S. Department of the
Interior (DOI) in support of the Service
First initiative for the purpose of
promoting customer service and
efficiency including delegating to DOI
employees those authorities of the U.S.
Department of Agriculture (USDA)
necessary to carry out projects on behalf
of USDA (43 U.S.C. 1703).
*
*
*
*
*
(52) [Reserved]
(53) Administer the community wood
energy program providing grants to
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Fmt 4700
Sfmt 4700
develop community wood energy plans,
acquire or upgrade community wood
energy systems, and establish or expand
biomass consumer cooperatives (7
U.S.C. 8113).
*
*
*
*
*
(55) Administer the programs
authorized by the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6501
et seq.), except for the Healthy Forests
Reserve Program authorized in title V of
such act (16 U.S.C. 6571–6578).
(56) Administer Good Neighbor
contracts and cooperative agreements
with a State to carry out forest,
rangeland, and watershed restoration
services on National Forest System
lands (16 U.S.C. 2113a; Public Law 106–
291, section 331, as amended).
(57) Utilize the Agriculture
Conservation Experienced Services
(ACES) Program (16 U.S.C. 3851) to
provide technical services for
conservation-related programs and
authorities carried out on National
Forest System lands (16 U.S.C. 3851a).
(58) Administer reimbursements
received for fire suppression (16 U.S.C.
1856e; 42 U.S.C. 1856d(b)).
(59) Administer the large airtanker
and aerial asset lease program (16 U.S.C.
551c).
(60) Provide technical and other
assistance with respect to eligibility of
forest products for the ‘‘USDA Certified
Biobased Products’’ labeling program (7
U.S.C. 8102(g)).
*
*
*
*
*
■ 30. Amend § 2.61 as follows:
■ a. Add new paragraphs (a)(13)(xix),
(a)(13)(xx), (a)(13)(xxi), and (a)(13)(xxii);
b. Remove and reserve paragraph
(a)(16); and
■ c. Add new paragraph (a)(30).
The additions and revisions read as
follows:
§ 2.61 Chief, Natural Resources
Conservation Service.
(a) * * *
(13) * * *
(xix) The Agricultural Conservation
Easement Program authorized by
sections 1265–1265D of the Act (16
U.S.C. 3865–3865d).
(xx) The Regional Conservation
Partnership Program authorized by
sections 1271–1271F (16 U.S.C. 3871–
3871f).
(xxi) The Voluntary Public Access
and Habitat Incentive Program
authorized by section 1240R of the Act
(16 U.S.C. 3839bb–5).
(xxii) A wetlands mitigation banking
program authorized by section 1222(k)
of the Act (16 U.S.C. 3822(k)).
*
*
*
*
*
(16) [Reserved]
*
*
*
*
*
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(30) Administer the Terminal Lakes
assistance program authorized by
section 2507 of the Farm Security and
Rural Investment Act of 2002 (16 U.S.C.
3839bb–6).
*
*
*
*
*
Subpart K—Delegations of Authority
by the Under Secretary for Research,
Education, and Economics
31. Amend § 2.65 as follows:
a. Revise paragraph (a)(15);
b. Remove and reserve paragraphs
(a)(16), (a)(25), (a)(30), (a)(34), (a)(35),
(a)(36), (a)(37), (a)(53), and (a)(55);
■ c. Revise paragraph (a)(58);
■ d. Remove and reserve paragraph
(a)(61);
■ e. Revise the introductory text of
paragraph (a)(64) and (a)(64)(iii);
■ f. Remove and reserve paragraphs
(a)(82) and (a)(83);
■ g. Revise paragraph (a)(113); and
■ h. Add new paragraphs (a)(114) and
(a)(115).
The additions and revisions read as
follows:
■
■
■
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§ 2.65 Administrator, Agricultural
Research Service.
(a) * * *
(15) Conduct a Special Cotton
Research Program designed to reduce
the cost of producing upland cotton in
the United States (7 U.S.C. 1444a(c)).
(16) [Reserved]
*
*
*
*
*
(25) [Reserved]
*
*
*
*
*
(30) [Reserved]
*
*
*
*
*
(34) [Reserved]
(35) [Reserved]
(36) [Reserved]
(37) [Reserved]
*
*
*
*
*
(53) [Reserved]
*
*
*
*
*
(55) [Reserved]
*
*
*
*
*
(58) Administer the Department’s
Patent Program except as delegated to
the General Counsel in § 2.31(a)(5).
*
*
*
*
*
(61) [Reserved]
*
*
*
*
*
(64) Administer a National Food and
Human Nutrition Research Program
under the National Agricultural
Research, Extension, and Teaching
Policy Act of 1977, as amended. As used
herein the term ‘‘research’’ includes:
*
*
*
*
*
(iii) Research on the factors affecting
food preference and habits (7 U.S.C.
3171–3173, 3175).
*
*
*
*
*
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Jkt 232001
(82) [Reserved]
(83) [Reserved]
*
*
*
*
*
(113) Carry out pollinator health
research activities (7 U.S.C. 5925(g)(2)).
(114) Enter into grants, contracts,
cooperative agreements, or other legal
instruments with former Department of
Agriculture agricultural research
facilities (7 U.S.C. 3315(b)).
(115) Enter into cooperative
agreements with institutions of higher
education regarding the dissemination
of agricultural and food law research,
legal tools, and information (7 U.S.C.
3125a–1).
*
*
*
*
*
■ 32. Amend § 2.66 as follows:
■ a. Revise paragraph (a)(6);
■ b. Remove and reserve paragraph
(a)(16);
■ c. Revise paragraphs (a)(17) and
(a)(18);
■ d. Remove and reserve paragraphs
(a)(21), (a)(34), (a)(35), (a)(36), and
(a)(39);
■ e. Revise paragraph (a)(42);
■ f. Remove and reserve paragraph
(a)(43);
■ g. Revise paragraphs (a)(44) and
(a)(57);
■ h. Remove and reserve paragraphs
(a)(64), (a)(65), and (a)(73);
■ i. Revise paragraph (a)(78);
■ j. Remove and reserve paragraphs
(a)(79), (a)(80), and (a)(81);
■ k. Revise paragraph (a)(83);
■ l. Remove and reserve paragraphs
(a)(91) and (a)(96);
■ m. Revise paragraph (a)(102);
■ n. Remove and reserve paragraphs
(a)(105) and (a)(109);
■ o. Revise paragraph (a)(121);
■ p. Remove and reserve paragraph
(a)(137);
■ q. Revise paragraphs (a)(143) and
(a)(144);
■ r. Remove and reserve paragraphs
(a)(147), (a)(152), (a)(154), and (a)(155);
and
■ s. Add new paragraphs (a)(161),
(a)(162), (a)(163), (a)(164), and (a)(165).
The additions and revisions read as
follows:
§ 2.66 Director, National Institute of Food
and Agriculture.
(a) * * *
(6) Carry out a program (IR–4
Program) for the collection of residue
and efficacy data in support of
registration or reregistration of
pesticides for minor agricultural use and
for use on specialty crops, and to
determine tolerances for minor use
chemical residues in or on agricultural
commodities (7 U.S.C. 450i(e)).
*
*
*
*
*
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(16) [Reserved]
(17) Administer and direct an Animal
Health and Disease Research Program
under the National Agricultural
Research, Extension, and Teaching
Policy Act of 1977, as amended (7
U.S.C. 3191–3201).
(18) Support continuing agricultural
and forestry extension and research, at
1890 land-grant institutions, including
Tuskegee University (7 U.S.C. 3221,
3222, 3222d).
*
*
*
*
*
(21) [Reserved]
*
*
*
*
*
(34) [Reserved]
(35) [Reserved]
(36) [Reserved]
*
*
*
*
*
(39) [Reserved]
*
*
*
*
*
(42) Administer a competitive high
priority research and extension grants
program in specified subject areas (7
U.S.C. 5925), including pollinator
activities (7 U.S.C. 5925(g)) not
otherwise delegated to the
Administrator, Agricultural Research
Service in § 2.65(a)(113) and the
Administrator, Animal and Plant Health
Inspection Service in § 2.80(a)(47).
(43) [Reserved]
(44) Administer competitive grants to
support research, education, and
extension activities regarding
organically grown and processed
agricultural commodities (7 U.S.C.
5925b).
*
*
*
*
*
(57) Represent the Department on the
Federal Interagency Committee on
Education.
*
*
*
*
*
(64) [Reserved]
(65) [Reserved]
*
*
*
*
*
(73) [Reserved]
*
*
*
*
*
(78) Develop and make available
handbooks, technical guides, and other
educational materials emphasizing
sustainable agriculture production
systems and practices; carry out
activities related to a national training
program for sustainable agriculture (7
U.S.C. 5831, 5832).
(79) [Reserved]
(80) [Reserved]
(81) [Reserved]
*
*
*
*
*
(83) Conduct education and extension
programs related to nutrition education
(7 U.S.C. 2027(a)).
*
*
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(91) [Reserved]
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(96) [Reserved]
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*
(102) Implement and administer the
Community Food Projects Program
under section 25 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2034).
*
*
*
*
*
(105) [Reserved]
*
*
*
*
*
(109) [Reserved]
*
*
*
*
*
(121) Establish procedures that
provide for scientific peer review of
each agricultural research grant
administered on a competitive basis,
and for relevancy and merit review of
each agricultural research, extension, or
education grant administered on a
competitive basis, by the National
Institute of Food and Agriculture (7
U.S.C. 7613(a)).
*
*
*
*
*
(137) [Reserved]
*
*
*
*
*
(143) Administer grants to assist the
land-grant colleges and universities in
insular areas to acquire, alter, or repair
facilities or relevant equipment
necessary for conducting agricultural
research; and to support tropical and
subtropical agricultural research,
including pest and disease research (7
U.S.C. 3222b–2).
(144) Enter into agreements necessary
to administer an Hispanic–Serving
Agricultural Colleges and Universities
Fund; enter into agreements necessary
to administer a program of making
annual payments to Hispanic-serving
agricultural colleges and universities;
administer an institutional capacitybuilding grants program for Hispanicserving agricultural colleges and
universities; administer a competitive
grants program to fund fundamental and
applied research and extension at
Hispanic-serving agricultural colleges
and universities and to award
competitive grants to Hispanic-serving
agricultural colleges and universities to
provide for training in the food and
agricultural sciences of Hispanic
agricultural workers and Hispanic youth
working in the food and agricultural
sciences (7 U.S.C. 3243).
*
*
*
*
*
(147) [Reserved]
*
*
*
*
*
(152) [Reserved]
*
*
*
*
*
(154) [Reserved]
(155) [Reserved]
*
*
*
*
*
(161) Enter into agreements with and
receive funds from any State, other
political subdivision, organization, or
individual for the purpose of
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*
VerDate Mar<15>2010
14:55 Jul 29, 2014
Jkt 232001
conducting cooperative research
projects (7 U.S.C. 450a).
(162) Administer a food insecurity
nutrition incentive program (7 U.S.C.
7517).
(163) Administer a food and
agriculture service learning grant
program (7 U.S.C. 7633).
(164) Administer a veterinary services
grant program (7 U.S.C. 3151b).
(165) Administer a forestry and
forestry products research and extension
initiative (7 U.S.C. 7655b).
*
*
*
*
*
■ 33. Amend § 2.67 as follows:
■ a. Remove and reserve paragraphs
(a)(3) and (a)(7); and
■ b. Add new paragraphs (a)(21) and
(a)(22).
The additions and revisions read as
follows:
§ 2.67 Administrator, Economic Research
Service.
(a) * * *
(3) [Reserved]
*
*
*
*
*
(7) [Reserved]
*
*
*
*
*
(21) Enter into agreements with and
receive funds from any State, other
political subdivision, organization, or
individual for the purpose of
conducting cooperative research
projects (7 U.S.C. 450a).
(22) Coordinate implementation of
section 10016 of the Agricultural Act of
2014 regarding locally or regionally
produced agricultural food products (7
U.S.C. 2204h).
*
*
*
*
*
■ 34. Amend § 2.68 by adding new
paragraph (a)(13) to read as follows:
§ 2.68 Administrator, National Agricultural
Statistics Service.
(a) * * *
(13) Assist the Administrator,
Economic Research Service with
implementing section 10016 of the
Agricultural Act of 2014 regarding
locally or regionally produced
agricultural food products (7 U.S.C.
2204h).
*
*
*
*
*
Subpart L—Delegations of Authority
by the Chief Economist
§ 2.73
[Amended]
35. Amend § 2.73 by removing
paragraph (a)(10).
■
Subpart N—Delegations of Authority
by the Under Secretary for Marketing
and Regulatory Programs
■
PO 00000
36. Amend § 2.79 as follows:
Frm 00024
Fmt 4700
Sfmt 4700
a. Revise paragraphs (a)(1), (a)(2)(iii),
and (a)(8)(lxiii);
■ b. Remove and reserve paragraphs
(a)(8)(lxxiii) and (a)(8)(lxxvi); and
■ c. Add new paragraphs (a)(8)(lxxvii),
(a)(8)(lxxviii), (a)(8)(lxxix), and (a)(15).
The additions and revisions read as
follows:
■
§ 2.79 Administrator, Agricultural
Marketing Service.
(a) * * *
(1) Exercise the functions of the
Secretary of Agriculture contained in
the Agricultural Marketing Act of 1946,
as amended (7 U.S.C. 1621–1627b),
including payments to State
Departments of Agriculture in
connection with cooperative marketing
service projects under section 204(b) (7
U.S.C. 1623(b)), but excepting matters
otherwise assigned.
(2) * * *
(iii) Application of presently available
scientific knowledge to the solution of
practical problems encountered in the
marketing of agricultural products (7
U.S.C. 1621–1627b).
*
*
*
*
*
(8) * * *
(lxiii) Farmers’ Market Promotion
Program (7 U.S.C. 3005).
*
*
*
*
*
(lxxiii) [Reserved]
*
*
*
*
*
(lxxvi) [Reserved]
(lxxvii) Section 4213(c) of the
Agricultural Act of 2014 (7 U.S.C.
1755b(c)).
(lxxviii) Section 12306 of the
Agricultural Act of 2014 (7 U.S.C.
1632c).
(lxxix) Section 506 of the Trade and
Development Act of 2000 (7 U.S.C. 7101
note).
*
*
*
*
*
(15) Assist the Administrator,
Economic Research Service with
implementing section 10016 of the
Agricultural Act of 2014 regarding
locally or regionally produced
agricultural food products (7 U.S.C.
2204h).
*
*
*
*
*
■ 37. Amend § 2.80 as follows:
■ b. Revise paragraph (a)(47); and
■ b. Add new paragraph (a)(48).
The revision and addition read as
follows:
§ 2.80 Administrator, Animal and Plant
Health Inspection Service.
(a) * * *
(47) Section 1672(g)(3) of the Food,
Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925(g)(3))
regarding honey bee pest, pathogen,
health, and population status
surveillance.
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44117
Authority: 5 U.S.C. 301 and 552, and 7
CFR 2.72, except as otherwise noted.
(48) Section 12309 of the Agricultural
Act of 2014 regarding produce
represented as grown in the United
States (19 U.S.C. 1304a).
*
*
*
*
*
§ 2.501
CHAPTER XVII—RURAL UTILITIES
SERVICE, DEPARTMENT OF
AGRICULTURE
§ 3800.3
Subpart O—Delegations of Authority
by the Assistant Secretary for
Congressional Relations
PART 1700—GENERAL INFORMATION
Dated: July 14, 2014.
Thomas J. Vilsack,
Secretary of Agriculture.
§ 2.85
[Amended]
■
[Removed]
45. Remove § 2.501.
46. The authority citation for part
1700 continues to read as follows:
■
[Amended]
51. Amend § 3800.3 by removing
paragraph (d).
■
[FR Doc. 2014–17352 Filed 7–29–14; 8:45 am]
38. Amend § 2.85 by removing
paragraph (a)(5).
Authority: 5 U.S.C. 301, 552; 7 U.S.C. 901
et seq., 1921 et seq., 6941 et seq.; 7 CFR 2.7.
BILLING CODE 3410–90–P
Subpart P—Delegations of Authority
by the Assistant Secretary for
Administration
Subpart B—Agency Organization and
Functions
DEPARTMENT OF AGRICULTURE
■
§ 2.90
■
[Removed]
39. Remove § 2.90.
§ 2.91
§ 1700.25
[Amended]
40. Amend § 2.91 by removing
paragraph (a)(10)(xxvi).
■
§ 2.92
[Removed]
41. Remove § 2.92.
42. Amend § 2.93 by revising the
introductory text of paragraph (a) to
read as follows:
■
■
§ 2.93 Director, Office of Procurement and
Property Management.
(a) Delegations. Pursuant to
§ 2.24(a)(6) of this chapter, and with due
deference for delegations to other
Departmental Management officials, the
following delegations of authority are
made by the Assistant Secretary for
Administration to the Director, Office of
Procurement and Property Management:
*
*
*
*
*
■ 43. Amend § 2.94 by adding a new
paragraph (a)(15), to read as follows:
§ 2.94 Director, Office of Advocacy and
Outreach.
(a) * * *
(15) Serve as a lead agency in carrying
out student internship programs (7
U.S.C. 2279c).
*
*
*
*
*
Subpart T—Delegations of Authority
by the Chief Financial Officer
■
44. Revise § 2.500 to read as follows:
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§ 2.500
Pursuant to § 2.28, the following
delegation of authority is made by the
Chief Financial Officer to the Deputy
Chief Financial Officer, to be exercised
only during the absence or
unavailability of the Chief Financial
Officer: Perform all the duties and
exercise all the powers which are now
or which may hereafter be delegated to
the Chief Financial Officer.
14:55 Jul 29, 2014
Jkt 232001
Office of the Administrator.
The Administrator of the Rural
Utilities Service (RUS) and of the Rural
Telephone Bank (RTB) is appointed by
the President. The Under Secretary,
Rural Development delegated to the
Administrator, in 7 CFR part 2,
responsibility for administering the
programs and activities of RUS and
RTB. The Administrator is aided
directly by Deputy Administrators and
by Assistant Administrators for the
electric program, telecommunications
program, the water and environmental
programs, and program accounting and
regulatory analysis, and by other staff
offices. The work of the agency is
carried out as described in this part.
■ 48. Revise § 1700.26 to read as
follows:
§ 1700.26
Deputy Administrator.
The Deputy Administrator aids and
assists the Administrator. The Deputy
Administrator provides overall policy
direction to all RUS programs. The
Deputy Administrator reviews agency
policies and, as necessary, implements
changes and participates with the
Administrator and other officials in
planning and formulating the programs
and activities of the agency, including
the making and servicing of loans and
grants.
Subpart C—Loan and Grant Approval
Authorities
§ 1700.53
Deputy Chief Financial Officer.
VerDate Mar<15>2010
47. Revise § 1700.25 to read as
follows:
■
■
[Removed]
49. Remove § 1700.53.
CHAPTER XXXVIII—WORLD
AGRICULTURAL OUTLOOK BOARD,
DEPARTMENT OF AGRICULTURE
PART 3800—ORGANIZATION AND
FUNCTIONS
50. The authority citation for part
3800 is revised to read as follows:
■
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
Animal and Plant Health Inspection
Service
7 CFR Part 319
[Docket No. APHIS–2013–0016]
RIN 0579–AD81
Importation of Fresh Blueberries From
Morocco Into the Continental United
States
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
We are amending the
regulations concerning the importation
of fruits and vegetables to allow the
importation of fresh blueberries from
Morocco into the continental United
States. As a condition of entry, the
blueberries must be produced under a
systems approach employing a
combination of mitigation measures for
two quarantine pests, Ceratitis capitata
and Monilinia fructigena, and must be
inspected prior to exportation from
Morocco and found free of these pests.
The blueberries may be imported in
commercial consignments only and
must be treated with one of two
approved postharvest treatments to
mitigate C. capitata. The blueberries
will have to be accompanied by a
phytosanitary certificate with an
additional declaration stating that the
conditions for importation have been
met. This action will allow the
importation of blueberries from
Morocco while continuing to protect
against the introduction of plant pests
into the United States.
DATES: Effective Date: August 29, 2014.
FOR FURTHER INFORMATION CONTACT: Ms.
Dorothy Wayson, Senior Regulatory
Policy Specialist, PPQ, APHIS, 4700
River Road Unit 39, Riverdale, MD
20737–1231; (301) 851–2036.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The regulations in ‘‘Subpart–Fruits
and Vegetables’’ (7 CFR 319.56–1
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[Federal Register Volume 79, Number 146 (Wednesday, July 30, 2014)]
[Rules and Regulations]
[Pages 44101-44117]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17352]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Parts 1 and 2
Rural Utilities Service
7 CFR Part 1700
World Agricultural Outlook Board
7 CFR Part 3800
RIN 0503-AA56
Revision of Delegations of Authority
AGENCIES: Office of the Secretary, Rural Utilities Service, World
Agricultural Outlook Board, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document revises the delegations of authority from the
Secretary of Agriculture and general officers of the Department of
Agriculture (USDA) to reflect changes and additions to the delegations
required by the Agricultural Act of 2014, Public Law 113-79. Other
additions, deletions, and changes are made as summarized below.
DATES: Effective July 30, 2014.
FOR FURTHER INFORMATION CONTACT: Adam J. Hermann, Office of the General
Counsel, USDA, 3311-South Bldg., 1400 Independence Avenue SW.,
Washington, DC 20250, (202) 720-9425, adam.hermann@ogc.usda.gov.
SUPPLEMENTARY INFORMATION:
Agricultural Act of 2014
The Secretary of Agriculture (Secretary) previously delegated
authorities under the Agricultural Act of 2014 (Act), Public Law 113-
79, in Secretary's Memorandum (SM) 1076-005 (March 6, 2014), available
at https://www.ocio.usda.gov/document/secretarys-memorandum-1076-005.
This rule codifies those delegations and makes other changes to
existing delegations required by the Act, as follows. Note that
delegations of authority made by SM 1076-005 to conduct or prepare a
one-time study, report, economic analysis, or similar activity remain
in effect until such study, report, economic analysis, or similar
activity is completed and, thus, are not reflected in this rulemaking.
Title I of the Act provides several authorities that do not fit
within existing delegations. The following provisions of title I are
being delegated to the Under Secretary for Farm and Foreign
Agricultural Services (FFAS) in 7 CFR 2.16 and the Administrator of the
Farm Service Agency (FSA) in 7 CFR
[[Page 44102]]
2.42, as follows: Sections 1401-1410 (margin protection program for
dairy producers); section 1431 (dairy product donation program); and
section 1612 (tracking of benefits).
Additionally, the delegations to the Under Secretary for FFAS at 7
CFR 2.16(a)(1)(xxv) and the Administrator, FSA at 7 CFR 2.42(a)(45) are
revised to clarify that Commodity Credit Corporation programs covered
by those delegations include those that support production agriculture
and producer income support, or that provide disaster assistance or the
domestic marketing of commodities.
The Under Secretary for FFAS is redelegating part of his delegated
authority in 7 CFR 2.16(a)(3)(xxxix) to the Administrator, FSA to enter
into cooperative agreements under section 1472(b) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3318(b)) for the purpose of implementing section 1614(c)(3) of
the Act. Section 1614(c)(3) provides funding for producer education,
including the development of web-based decision aids and training.
Title II of the Act adds or revises several authorities that
require new delegations of authority to the Under Secretary for Natural
Resources and Environment (NRE) and the Chief, Natural Resources
Conservation Service (NRCS), as follows: Section 2301 (new Agricultural
Conservation Easement Program); section 2401 (new Regional Conservation
Partnership Program); section 2507 (revised Terminal Lakes assistance
program); and section 2609 (revised wetlands mitigation banking
program). 7 CFR 2.20 is amended to reflect the delegation of these
authorities to the Under Secretary for NRE, and 7 CFR 2.61 is amended
to reflect the delegation of these authorities to the Chief, NRCS.
In addition, section 2503 of the Act provides new funding to carry
out the Voluntary Public Access and Habitat Incentive Program under
section 1240R of the Food Security Act of 1985 (16 U.S.C. 3839bb-5).
This authority, previously delegated to the Under Secretary for FFAS
and the Administrator, FSA, is transferred to the Under Secretary for
NRE and the Chief, NRCS.
Section 2611 of the Act amends title XII of the Food Security Act
of 1985 to add new authorities regarding highly erodible land and
wetland conservation for crop insurance. While the Under Secretaries
for FFAS and NRE, the Administrator, FSA, and the Chief, NRCS, have
existing delegations of authority that cover this part of the Food
Security Act of 1985, a new delegation of authority is being added to 7
CFR 2.44 for the Administrator, Risk Management Agency (RMA) to carry
out the functions pertaining to RMA.
Title IV of the Act provides several authorities related to
nutrition that require new delegations of authority. The delegations at
7 CFR 2.19 are amended to reflect the delegation of these authorities
to the Under Secretary for Food, Nutrition, and Consumer Services
(FNCS), and the delegations at 7 CFR 2.57 are amended to reflect the
redelegation of these authorities to the Administrator of the Food and
Nutrition Service (FNS), as follows: section 4004(b) (demonstration
project regarding the Food Distribution Program on Indian
Reservations); section 4031 (Commonwealth of the Northern Mariana
Islands pilot program regarding the Supplemental Nutrition Assistance
Program (SNAP)); section 4032 (annual State reporting on verification
of SNAP participation); section 4033 (service of traditional foods in
public facilities); and section 4214 (pilot project for canned, frozen,
or dried fruits and vegetables as part of the Fresh Fruit and Vegetable
Program under the Richard B. Russell National School Lunch Act).
Additionally, 7 CFR 2.19 is amended to reflect the delegation of
authority to the Under Secretary for FNCS to establish a multiagency
task force for the purpose of providing coordination and direction for
commodity programs, as required by section 4205 of the Act, which
amended the Department of Agriculture Reorganization Act of 1994.
Section 4204 of the Act amends the authority of the Secretary in
section 301 of the National Nutrition Monitoring and Related Research
Act of 1990 to publish the ``Dietary Guidelines for Americans.'' A new,
specific delegation is added to the Under Secretary for FNCS and
Administrator, FNS, to administer section 301.
Section 4206 of the Act amends the Department of Agriculture
Reorganization Act of 1994 to authorize a new Healthy Food Financing
Initiative. The delegations at 7 CFR 2.17 and 2.48 are amended to
reflect that the Under Secretary for Rural Development (RD) and
Administrator of the Rural Business-Cooperative Service (RBS) are
delegated this authority.
Section 4208 of the Act establishes a food insecurity nutrition
incentive grants program, and section 4209 authorizes a competitively
awarded food and agriculture service learning grant program to increase
knowledge of agriculture and improve the nutritional health of
children. The delegations at 7 CFR 2.21 and 2.66 are amended to reflect
that the Under Secretary for Research, Education, and Economics (REE)
and the Director of the National Institute of Food and Agriculture
(NIFA) are delegated these authorities.
Section 4213 seeks to encourage awareness and interest in the
number and variety of pulse crop products available to schoolchildren.
Section 4213(c) directs the Secretary to purchase eligible pulse crops
and pulse crop products for use in the school lunch and school
breakfast programs. 7 CFR 2.22 and 2.79 are amended to reflect the
delegation of this purchasing authority to the Under Secretary for
Marketing and Regulatory Programs (MRP) and the Administrator of the
Agricultural Marketing Service (AMS), respectively. Sections 4213(d)
and (e), which provide a one-time evaluation and reporting requirement,
were delegated to the Under Secretary for FNCS and the Administrator,
FNS, by SM 1076-005 and are not reflected in this rulemaking.
Title VI of the Act, at section 6205, amends the Farm Security and
Rural Investment Act of 2002 to authorize a rural energy savings
program. Section 6210 provides funding for certain pending loan and
grant applications. The delegations at 7 CFR 2.17 and 2.47 are amended
to reflect the delegation of these authorities to the Under Secretary
for RD and the Administrator of the Rural Utilities Service,
respectively.
Section 6017 of the Act moves the authority for the Intermediary
Relending Program from the Food Security Act of 1985 to the
Consolidated Farm and Rural Development Act. Section 6209 provides
authorities relating to the collection and reporting of program
metrics. 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
the Administrator, RBS, respectively.
Title VII of the Act provides several new authorities involving
research, extension, and related matters. The delegations of authority
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 delegation of these
authorities to the Administrator of the Agricultural Research Service
(ARS) and the Director of NIFA, respectively, as follows: section
7104--a competitive grants program for the purpose of developing,
implementing, and sustaining veterinary services (NIFA); section 7121--
authority to enter into agreements with former USDA agricultural
research facilities for the purpose of supporting ongoing research and
information dissemination activities (ARS); section 7310--a forestry
and forestry products research
[[Page 44103]]
and extension initiative (NIFA); and section 7603--authority for the
National Agricultural Library to enter into cooperative agreements with
institutions of higher education regarding the dissemination of
agricultural and food law research, legal tools, and information (ARS).
The Under Secretary for REE is also delegated the authority in section
7513(2) of the Act to submit an annual report to Congress describing
agricultural research, extension, and education activities carried out
by the Federal Government.
Additionally, the delegation of section 1672 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925), as
amended by the Act, to the Under Secretary for REE (7 CFR
2.21(a)(1)(lxxx)) is revised to clarify that the REE mission area is
responsible for carrying out the pollinator authorities in section
1672(g) of that act, including the annual report, except for the honey
bee surveillance authorities that are delegated to the Under Secretary
for MRP (7 CFR 2.22(a)(2)(xli)). The delegation to the Director of NIFA
(7 CFR 2.66(a)(42)) is revised to clarify that NIFA is responsible for
carrying out the pollinator authorities in section 1672(g) of that act,
except for the honey bee surveillance authorities that are delegated to
the Administrator of the Animal and Plant Health Inspection Service
(APHIS) (7 CFR 2.80(a)(47)) and the pollinator health research
activities that are delegated to the Administrator of ARS (7 CFR
2.65(a)(113)).
Section 7106 directs that the authority of the Secretary to make
competitive grants to, or enter into cooperative agreements with,
agricultural and food policy research centers under section 1419A of
the National Agricultural Research, Extension, and Teaching Policy Act
of 1977 (7 U.S.C. 3155) is to be carried out through the Office of the
Chief Economist. This authority was previously delegated to the Under
Secretary for REE and the Director of NIFA. A new delegation of
authority for this program is added to 7 CFR 2.29 for the Chief
Economist.
Title VIII of the Act adds two authorities to the Healthy Forests
Restoration Act of 2003 (HFRA) (16 U.S.C. 6501 et seq.)--authority to
address insect and disease infestation on designated National Forest
System (NFS) land (section 8204) and permanent authority for
stewardship end result contracting projects (section 8205). A new,
specific delegation is added to 7 CFR 2.20 (Under Secretary for NRE)
and 2.60 (Chief, Forest Service) to administer the HFRA, including the
authorities added by sections 8204 and 8205 of the Act. The new
delegation excepts the Healthy Forests Reserve Program authorized under
title V of HFRA, which is already delegated to the Under Secretary for
NRE and the Chief, NRCS.
Section 8206 of the Act provides authority (known as the ``Good
Neighbor Authority'') for the Secretary to enter into contracts and
cooperative agreements with a State to carry out forest, rangeland, and
watershed restoration services on NFS lands. Similar Good Neighbor
Authority is provided in section 331 of the Department of the Interior
and Related Agencies Appropriations Act, 2001 (Pub. L. 106-291; 114
Stat. 996), as amended and extended through fiscal year 2018 by section
417 of the Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2014 (Pub. L. 113-76, div. G). 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 Chief,
Forest Service, respectively.
The following provisions of the Act are also delegated to the Under
Secretary for NRE and Chief, Forest Service: Section 8302 (authorizes
the Forest Service to utilize conservation-related program funds to
establish an Agriculture Conservation Experience Services (ACES)
Program to provide technical services for conservation-related programs
and authorities carried out on NFS land); section 8304 (provides for
State-to-State reimbursement of amounts expended for resources and
services for wildfire management and suppression and authorizes the
Secretary to retain any funds received as reimbursements for costs
incurred by the Secretary for fire protection and to credit the amounts
to the same appropriation from which the expenses were paid); and
section 8305 (authorizes establishment of a large airtanker and aerial
asset lease program).
Section 9002(a)(5) of the Act adds a new authority to the
Secretary, acting through the Forest Products Laboratory of the Forest
Service, to provide appropriate technical and other assistance with
respect to determining eligibility of forest products for the ``USDA
Certified Biobased Product'' labeling program. 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 Chief, Forest Service, respectively.
Section 10016 of the Act adds new authorities regarding local food
production and program evaluation. The delegations at 7 CFR 2.21 and
2.67 are amended to reflect that the authority to coordinate
implementation of section 10016 is delegated to the Under Secretary for
REE and Administrator, Economic Research Service (ERS), respectively.
Delegations are also added to 7 CFR 2.16 (Under Secretary for FFAS),
2.22 (Under Secretary for MRP), 2.44 (Administrator, RMA), 2.68
(Administrator, National Agricultural Statistics Service), and 2.79
(Administrator, AMS) to assist with implementing section 10016.
Section 11014(c) of the Act directs the Secretary to prepare a
cropland acreage report and annual updates to the report. The
delegations at 7 CFR 2.16 and 2.44 are amended to reflect the
delegation of this responsibility to the Under Secretary for FFAS and
Administrator, RMA, respectively.
Additionally, a new delegation of authority is added to 7 CFR 2.16
and 2.44 to clarify the authority of the Under Secretary for FFAS and
Administrator, RMA, respectively, to administer the Federal Crop
Insurance Act.
In title XII of the Act, section 12303 directs the Secretary to
maintain, in the Office of the Secretary, an Office of Tribal Relations
to advise the Secretary on policies related to Indian tribes and carry
out such other functions as the Secretary considers appropriate. The
Department already maintains an Office of Tribal Relations within the
Office of the Secretary. To reflect this, a new section (Sec. 2.38) is
added to identify the delegated functions and duties of the Director,
Office of Tribal Relations, who reports to the Secretary. Some of those
functions had been delegated to the Director, Office of
Intergovernmental Affairs (Sec. 2.85(a)(5)), through the Assistant
Secretary for Congressional Relations (Sec. 2.23(a)(2)(v)), and are
now being transferred to the Director, Office of Tribal Relations.
Additionally, 7 CFR 2.4 is amended to add the Director, Office of
Tribal Relations to the list of general officers of the Department.
Section 12306 authorizes a new competitive grants program to
support the efforts of States, tribal governments, and research
institutions to promote the domestic maple syrup industry. This
authority, which was delegated by SM 1076-005 to the Chief of the
Forest Service, through the Under Secretary for NRE, is now being
delegated to the Administrator of AMS, through the Under Secretary for
MRP. The delegations at 7 CFR 2.22 and 2.79 are amended to reflect
this.
Section 12309 directs the Secretary to provide technical assistance
to U.S. Customs and Border Protection related to the identification of
produce that is represented as grown in the United
[[Page 44104]]
States when it is not actually grown in the United States, as well as a
report to Congress. 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 Administrator, APHIS, respectively.
The authority of the Secretary to administer section 12314 of the
Act (Pima Agriculture Cotton Trust Fund) and section 12315 of the Act
(Agriculture Wool Apparel Manufacturers Trust Fund), which was
delegated by SM 1076-005 to the Administrator of FSA, through the Under
Secretary for FFAS, is now being delegated through the Under Secretary
to both the Administrator of FSA and the Administrator of the Foreign
Agricultural Service.
Section 12316 of the Act provides continued funding for grants from
the Wool Research, Development, and Promotion Trust Fund, which was
established by section 506 of the Trade and Development Act of 2000 (7
U.S.C. 7101 note). The delegation of authority to provide grants from
the Trust Fund was inadvertently omitted from 7 CFR part 2. 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 the
Administrator, AMS.
This rulemaking does not add a separate delegation for section
12101 of the Act to amend a rule issued by APHIS implementing a
voluntary trichinae certification program. That regulation was issued
under the authority of the Agricultural Marketing Act of 1946 and the
Animal Health Protection Act, which are already delegated to the
Administrator of APHIS. Accordingly, no new delegation is necessary to
carry out the requirements of section 12101 of the Act.
Finally, this rulemaking makes a number of miscellaneous changes by
removing delegations of statutory authorities that were repealed by the
Act or delegations that are otherwise obsolete, and by revising
existing delegations to reflect amendments made by the Act or to make
other updates or corrections to descriptions and citations.
Other Delegations
This rulemaking also amends the delegations of authority to reflect
the 2013 realignment of the Office of the Chief Financial Officer
(OCFO) and the Office of Budget and Program Analysis (OBPA). See
Secretary's Memorandum 1072-003 (July 11, 2013), available at https://www.ocio.usda.gov/document/secretarys-memorandum-1072-003. In 2013,
OCFO, previously established within the Departmental Management
organization, was transferred from the supervision of the Assistant
Secretary for Administration (ASA) to the supervision of the Secretary.
The delegations from the Secretary to the ASA in 7 CFR 2.24(a)(3), and
the delegations from the ASA to the Chief Financial Officer in 7 CFR
2.90, are removed. The functions of the Chief Financial Officer are now
reflected in a new 7 CFR 2.28. Also, as part of the 2013 realignment,
OBPA, previously established within OCFO, was transferred from the
supervision of the Chief Financial Officer to the supervision of the
Secretary. The delegations from the Chief Financial Officer to the
Director, OBPA in 7 CFR 2.501 are removed. The functions of the
Director, OBPA are now reflected in a new 7 CFR 2.30.
This rulemaking also amends the delegations of authority to reflect
the realignment of the Office of Small and Disadvantaged Business
Utilization (OSDBU) to implement amendments made to section 15(k) of
the Small Business Act (15 U.S.C. 644(k)) by the National Defense
Authorization Act for Fiscal Year 2013, Pub. L. 112-239. See
Secretary's Memorandum 1076-007 (April 8, 2014), available at https://www.ocio.usda.gov/document/secretarys-memorandum-1076-007. Previously,
the ASA was the Department's Director of Small and Disadvantaged
Business Utilization, who had management responsibility for OSDBU.
OSDBU was headed by a Director under the supervision of the ASA.
Pursuant to the Small Business Act amendments noted above, the
delegations of authority are being revised to reflect that the
Director, OSDBU is now the Department's Director of Small and
Disadvantaged Business Utilization, who will report directly to the
Secretary or Deputy Secretary. A new section (Sec. 2.37) is added to
reflect the functions and duties of the Director, OSDBU. Additionally,
7 CFR 2.4 is amended to reflect the Director, OSDBU as a general
officer of the Department. The delegations from the Secretary to the
ASA in 7 CFR 2.24(a)(5) are amended to reflect that offices within the
Departmental Management organization will continue to provide general
administrative support to OSDBU. The delegations from the ASA to the
Director, OSDBU in 7 CFR 2.92 are removed.
New delegations of authority are added from the Under Secretary for
REE to the Director, NIFA in 7 CFR 2.66 and the Administrator, ERS in 7
CFR 2.67 to enter into agreements with and receive funds from any
State, other political subdivision, organization, or individual for the
purpose of conducting cooperative research projects (7 U.S.C. 450a).
This rulemaking also amends the delegation of authority from the
Under Secretary for RD to the Deputy Under Secretary for RD in 7 CFR
2.45, which gives the Deputy Under Secretary, during the absence or
unavailability of the Under Secretary, the authority to perform all the
duties and exercise all the powers delegated to the Under Secretary.
The delegation is amended to establish the order in which a Deputy
Under Secretary may exercise that delegation when the Rural Development
mission area has more than one Deputy Under Secretary. The authority
shall be exercised first by the Deputy Under Secretary for Policy and
Planning, and second by the Deputy Under Secretary for Operations and
Management.
This rulemaking also revises the delegation of authority to the
Under Secretary for NRE in 7 CFR 2.20(a)(2)(viii) to reflect the
current administrative review authorities in 36 CFR parts 214, 218, and
219. The delegations of authority to the Under Secretary for NRE in 7
CFR 2.20(a)(2)(xxxix) and Chief of the Forest Service in 7 CFR
2.60(a)(48) are revised to reflect recent changes to the ``Service
First'' program authority (43 U.S.C. 1703).
Additionally, the delegations of authority from the Secretary to
the Assistant Secretary for Civil Rights in 7 CFR 2.25 are amended to
reflect that the General Counsel has authority for legal sufficiency
review of, and concurrence on, settlement offers and draft settlement
agreements in Equal Employment Opportunity (EEO) matters that meet
certain criteria. The delegations to the General Counsel in 7 CFR 2.31
are amended to reflect that authority and to specify those criteria.
The rule also amends the delegations of authority to the Assistant
Secretary for Administration in 7 CFR 2.24 and the Director, Office of
Human Resources Management in 7 CFR 2.91 to remove Alternative Dispute
Resolution (ADR) from the description of the term ``human resources.''
This amendment was inadvertently omitted from the final rule
transferring ADR authorities to the Assistant Secretary for Civil
Rights (78 FR 40935, July 9, 2013).
Finally, a new delegation of authority is added to the Assistant
Secretary for Administration in 7 CFR 2.24 and the Director, Office of
Advocacy and Outreach in 7 CFR 2.94 to carry out student internship
programs under section 922 of the Federal Agriculture
[[Page 44105]]
Improvement and Reform Act of 1996 (7 U.S.C. 2279c).
Miscellaneous
This rulemaking amends 7 CFR part 1, subpart H, Rules of Practice
Governing Formal Adjudicatory Proceedings Instituted by the Secretary
Under Various Statutes, to add a reference to section 28(o)(1) of the
Mineral Leasing Act, regarding administrative proceedings involving
suspensions or terminations of rights-of-way. The list of statutory
provisions in 7 CFR 1.131(a) inadvertently omitted that statutory
reference.
This rulemaking also amends the RUS organizational rules to reflect
the provisions of the Presidential Appointment Efficiency and
Streamlining Act of 2011, Public Law 112-166. That act amended section
232 of the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6942) to no longer require Senate approval for Presidential
appointments of the Administrator, RUS. Pursuant to that amendment, the
position of Administrator, RUS is no longer subject to the Federal
Vacancies Reform Act of 1998 (Vacancies Act) (5 U.S.C. 3345-3349d). The
regulations at 7 CFR 1700.25 and 1700.26 are amended by removing the
references to Senate approval and the Vacancies Act. This rulemaking
also removes 7 CFR 1700.53, which identifies the order of succession
for officials to act as the Administrator, RUS during the
Administrator's absence. Orders of succession for USDA officials are
coordinated uniformly by USDA's Office of Homeland Security and
Emergency Coordination as part of its Continuity of Operations (COOP)
planning, and maintained by USDA outside of the Code of Federal
Regulations framework. The order of succession established by Executive
Order of the President of the United States for the Secretary of
Agriculture is reflected in 7 CFR 2.5.
This rulemaking also amends the Office of the Chief Economist,
World Agricultural Outlook Board (WAOB) regulations by removing an
obsolete reference to remote sensing activities in 7 CFR 3800.3. WAOB's
remote sensing authorities have been transferred to the Assistant
Secretary for Administration and the Chief Information Officer. See 77
FR 14951 (Mar. 14, 2012).
Classification
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 Order 12866. This action is
not a rule as defined by the Regulatory Flexibility Act, as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996, 5
U.S.C. 601 et seq., or the Congressional Review 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, Agriculture, Antitrust,
Claims, Cooperatives, Courts, Equal access to justice, Fraud, Freedom
of information, Government employees, Lawyers, Motion pictures,
Penalties, Privacy.
7 CFR Part 2
Authority delegations (Government agencies)
7 CFR Part 1700
Authority delegations (Government agencies), Electric power,
Freedom of information, Loan programs-communications, Loan programs-
energy, Organization and functions (Government agencies), Rural areas,
Telecommunications.
7 CFR Part 3800
Organization and functions (Government agencies).
Accordingly, 7 CFR Subtitle A, and Chapters XVII and XXXVIII, are
amended as set forth below:
Subtitle A--Office of the Secretary of Agriculture
PART 1--ADMINISTRATIVE REGULATIONS
Subpart H--Rules of Practice Governing Formal Adjudicatory
Proceedings Instituted by the Secretary Under Various Statutes
0
1. The authority citation for subpart H is revised to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 61, 87e, 228, 268, 499o,
608c(14), 1592, 1624(b), 2151, 2279e, 2621, 2714, 2908, 3812, 4610,
4815, 4910, 6009, 6107, 6207, 6307, 6411, 6519, 6520, 6808, 7107,
7734, 8313; 15 U.S.C. 1828; 16 U.S.C. 620d, 1540(f), 3373; 21 U.S.C.
104, 111, 117, 120, 122, 127, 134e, 134f, 135a, 154, 463(b), 621,
1043; 30 U.S.C. 185(o)(1); 43 U.S.C. 1740; 7 CFR 2.27, 2.35.
0
2. Amend Sec. 1.131(a) by adding a statutory provision to the list in
alphabetical order to read as follows:
Sec. 1.131 Scope and applicability of this subpart.
(a) * * *
Mineral Leasing Act, section 28(o)(1) (30 U.S.C. 185(o)(1)).
* * * * *
PART 2--DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE
AND GENERAL OFFICERS OF THE DEPARTMENT
0
3. The authority citation 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 A--General
0
4. 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 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 Chief Financial Officer; the Chief Economist; the Director, Office
of Budget and Program Analysis; the General Counsel; the Inspector
General; the Director, National Appeals Division; the Judicial Officer;
the Director, Office of Communications; the Director, Office of Small
and Disadvantaged Business Utilization; the Director, Office of Tribal
Relations; and the Chief Information Officer.
Subpart C--Delegations of Authority to the Deputy Secretary, the
Under Secretaries and Assistant Secretaries
0
5. Amend Sec. 2.16 as follows:
0
a. Revise the heading in paragraph (a)(1);
0
b. Revise paragraphs (a)(1)(xviii) and (a)(1)(xxv);
0
c. Remove and reserve paragraphs (a)(1)(xxx), (a)(1)(xxxi),
(a)(1)(xxxiv)(A), (a)(1)(xxxiv)(C), (a)(1)(xxxiv)(D), (a)(1)(xxxiv)(F),
and (a)(1)(xxxiv)(G);
[[Page 44106]]
0
d. Add new paragraph (a)(1)(xxxvi);
0
e. Revise paragraphs (a)(2)(i)(C), (a)(2)(i)(H), (a)(2)(i)(I), and
(a)(2)(i)(J);
0
f. Add new paragraph (a)(2)(i)(M);
0
g. Revise paragraphs (a)(3)(xii), (a)(3)(xiii), and (a)(3)(xiv);
0
h. Remove and reserve paragraphs (a)(3)(xv) and (a)(3)(xvi);
0
i. Add new paragraphs (a)(3)(xlix), (a)(4)(vi), (a)(4)(vii),
(a)(4)(viii), and (a)(4)(ix); and
0
j. Revise paragraph (b)(2)(iii).
The additions and revisions read as follows:
Sec. 2.16 Under Secretary for Farm and Foreign Agricultural Services.
(a) * * *
(1) Related to Farm Service Agency.
* * * * *
(xviii) Formulate and carry out the Conservation Reserve Program,
including the implementation of technical assistance, under the Food
Security Act of 1985, as amended (16 U.S.C. 1231 et seq.), and the
functions of the Grassland Reserve Program transferred to the
Conservation Reserve Program.
* * * * *
(xxv) Administer all programs of the Commodity Credit Corporation
that provide assistance with respect to the production of agricultural
commodities or the income of producers, 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.
* * * * *
(xxx) [Reserved]
(xxxi) [Reserved]
* * * * *
(xxxiv) * * *
(A) [Reserved]
* * * * *
(C) [Reserved]
(D) [Reserved]
* * * * *
(F) [Reserved]
(G) [Reserved]
* * * * *
(xxxvi) Administer the following provisions of the Agricultural Act
of 2014, Public Law 113-79:
(A) Sections 1401-1410 relating to a margin protection program for
dairy producers (7 U.S.C. 9051-9060), and section 1431 relating to a
dairy product donation program (7 U.S.C. 9071).
(B) Section 1612 relating to the tracking of benefits (7 U.S.C.
9095).
(C) Section 12314 relating to the Pima Agriculture Cotton Trust
Fund (7 U.S.C. 2101 note).
(D) Section 12315 relating to the Agriculture Wool Apparel
Manufacturers Trust Fund (7 U.S.C. 7101 note).
(2) * * *
(i) * * *
(C) Section 306A (7 U.S.C. 1926a) and section 306B (7 U.S.C.
1926b), relating to the emergency community water assistance grant
programs, and section 306D (7 U.S.C. 1926d), relating to water systems
for rural Alaskan Native Villages;
* * * * *
(H) Section 310C (7 U.S.C. 1933), relating to housing program
interest rates;
(I) Section 310G (7 U.S.C. 1936a), relating to the use of rural
development loans and grants for other purposes, and section 353A (7
U.S.C. 2001a), relating to the servicing of community facilities loans;
(J) Section 364 (7 U.S.C. 2006f) and section 365 (7 U.S.C. 2008);
* * * * *
(M) Sections 379 (7 U.S.C. 2008n) through 379G (7 U.S.C. 2008u) and
subtitles E through I (7 U.S.C. 2009-2009dd-7) relating to rural
development programs and activities.
* * * * *
(3) * * *
(xii) Perform functions of the Department in connection with the
development and implementation of agreements to finance the sale and
exportation of agricultural commodities under the Food for Peace Act (7
U.S.C. 1691, 1701 et seq.).
(xiii) Administer commodity procurement and supply, transportation
(other than from point of export, except for movement to trust
territories or possessions), handling, payment, and related services in
connection with programs under titles II and III of the Food for Peace
Act (7 U.S.C. 1691, 1701 et seq.), and payment and related services
with respect to export programs and barter operations.
(xiv) Coordinate within the Department activities arising under the
Food for Peace Act (except as delegated to the Under Secretary for
Research, Education, and Economics in Sec. 2.21(a)(8)), and represent
the Department in its relationships in such matters with the Department
of State, any interagency committee on the Food for Peace Act, and
other departments, agencies and committees of the Government.
(xv) [Reserved]
(xvi) [Reserved]
* * * * *
(xlix) Administer the following provisions of the Agricultural Act
of 2014, Public Law 113-79:
(A) Section 12314 relating to the Pima Agriculture Cotton Trust
Fund (7 U.S.C. 2101 note).
(B) Section 12315 relating to the Agriculture Wool Apparel
Manufacturers Trust Fund (7 U.S.C. 7101 note).
(4) * * *
(vi) Carry out functions relating to highly erodible land and
wetland conservation under sections 1211-1213 and 1221-1223 of the Food
Security Act of 1985, as amended (16 U.S.C. 3811-3813 and 3821-3823).
(vii) Prepare cropland reports as required by section 11014(c) of
the Agricultural Act of 2013, Public Law 113-79.
(viii) Assist the Under Secretary for Research, Education, and
Economics with implementing section 10016 of the Agricultural Act of
2014 regarding locally or regionally produced agricultural food
products (7 U.S.C. 2204h).
(ix) Administer the Federal Crop Insurance Act (7 U.S.C. 1501, et
seq.), except for sections 524(a)(1)(B), (a)(3), and (b) (7 U.S.C.
1524(a)(1)(B), (a)(3), (b)) and 531 (7 U.S.C. 1531).
* * * * *
(b) * * *
(2) * * *
(iii) Determining the agricultural commodities and the quantities
thereof available for disposition under the Food for Peace Act (7
U.S.C. 1731).
* * * * *
0
6. Amend Sec. 2.17 as follows:
0
a. Remove and reserve paragraph (a)(20)(x);
0
b. Add new paragraphs (a)(20)(xii) and (a)(20)(xiii);
0
c. Revise paragraph (a)(21)(ii)(E);
0
d. Remove and reserve paragraph (a)(21)(iv);
0
e. Add new paragraphs (a)(21)(xxvi) and (a)(21)(xxvii); and
0
f. Remove and reserve paragraph (a)(28).
0
The additions and revisions read as follows:
Sec. 2.17 Under Secretary for Rural Development.
(a) * * *
(20) * * *
(x) [Reserved]
* * * * *
(xii) Administer section 6407 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8107a), relating to a rural energy
savings program.
(xiii) Administer section 6210 of the Agricultural Act of 2014,
Public Law 113-79, relating to funding of pending rural development
loan and grant applications.
[[Page 44107]]
(21) * * *
(ii) * * *
(E) Section 310H (7 U.S.C. 1936b), relating to an intermediary
relending program.
* * * * *
(iv) [Reserved]
* * * * *
(xxvi) Administer the Healthy Food Financing Initiative under
section 243 of the Department of Agriculture Reorganization Act of 1994
(7 U.S.C. 6953).
(xxvii) Administer section 6209 of the Agricultural Act of 2014 (7
U.S.C. 2207b), relating to the collection and reporting of program
metrics.
(28) [Reserved]
* * * * *
0
7. Amend Sec. 2.19 as follows:
0
a. Remove paragraph (a)(1)(i)(M); and
0
b. Add new paragraphs (a)(1)(vii), (a)(1)(viii), and (a)(1)(ix).
The additions read as follows:
Sec. 2.19 Under Secretary for Food, Nutrition, and Consumer Services.
(a) * * *
(1) * * *
(i) * * *
(M) [Removed]
* * * * *
(vii) Administer the following provisions of the Agricultural Act
of 2014, Public Law 113-79:
(A) Section 4004(b), relating to a demonstration project regarding
the Food Distribution Program on Indian Reservations (7 U.S.C. 2013
note).
(B) Section 4031, relating to a Commonwealth of the Northern
Mariana Islands pilot program regarding the Supplemental Nutrition
Assistance Program (48 U.S.C. 1841 note).
(C) Section 4032, relating to annual State reporting on
verification of Supplemental Nutrition Assistance Program participation
(7 U.S.C. 2036c).
(D) Section 4033, relating to service of traditional foods in
public facilities (25 U.S.C. 443d).
(E) Section 4214, relating to a pilot project for canned, frozen,
or dried fruits and vegetables as part of the Fresh Fruit and Vegetable
Program under the Richard B. Russell National School Lunch Act (42
U.S.C. 1769a note).
(viii) Administer section 301 of the National Nutrition Monitoring
and Related Research Act of 1990, relating to the Dietary Guidelines
for Americans (7 U.S.C. 5341).
(ix) Implement section 242 of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6952), relating to establishment
of a multiagency task force for the purpose of providing coordination
and direction for commodity programs.
* * * * *
0
8. Amend Sec. 2.20 as follows:
0
a. Revise paragraph (a)(2)(viii);
0
b. Remove paragraph (a)(2)(xxvii)(E);
0
c. Add new paragraph (a)(2)(xxviii);
0
d. Remove and reserve paragraph (a)(2)(xxxvii);
0
e. Revise paragraph (a)(2)(xxxix);
0
f. Remove and reserve paragraph (a)(2)(xliii);
0
g. Revise paragraph (a)(2)(xliv); and
0
h. Add new paragraphs (a)(2)(xlvi), (a)(2)(xlvii), (a)(2)(xlviii),
(a)(2)(xlix), (a)(2)(l), (a)(2)(li), (a)(3)(xiii)(S), (a)(3)(xiii)(T),
(a)(3)(xiii)(U), (a)(3)(xiii)(V), and (a)(3)(xxv).
The additions and revisions read as follows:
Sec. 2.20 Under Secretary for Natural Resources and Environment.
(a) * * *
(2) * * *
(viii) Exercise the administrative appeal review functions of the
Secretary of Agriculture for decisions of the Chief of the Forest
Service pursuant to 36 CFR parts 214, 218, and 219.
* * * * *
(xxviii) Represent USDA in all matters relating to responsibilities
and authorities under the Federal Power Act (16 U.S.C. 791a-823).
* * * * *
(xxxvii) [Reserved]
* * * * *
(xxxix) Establish programs with any bureau of the U.S. Department
of the Interior (DOI) in support of the Service First initiative for
the purpose of promoting customer service and efficiency including
delegating to DOI employees those authorities of the U.S. Department of
Agriculture (USDA) necessary to carry out projects on behalf of USDA
(43 U.S.C. 1703).
* * * * *
(xliii) [Reserved]
(xliv) Administer the community wood energy program providing
grants to develop community wood energy plans, acquire or upgrade
community wood energy systems, and establish or expand biomass consumer
cooperatives (7 U.S.C. 8113).
* * * * *
(xlvi) Administer the programs authorized by the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6501 et seq.), except for the
Healthy Forests Reserve Program authorized in title V of such act (16
U.S.C. 6571-6578).
(xlvii) Administer Good Neighbor contracts and cooperative
agreements with a State to carry out forest, rangeland, and watershed
restoration services on National Forest System lands (16 U.S.C. 2113a;
Pub. L. 106-291, section 331, as amended).
(xlviii) Utilize the Agriculture Conservation Experienced Services
(ACES) Program (16 U.S.C. 3851) to provide technical services for
conservation-related programs and authorities carried out on National
Forest System lands (16 U.S.C. 3851a).
(xlix) Administer reimbursements received for fire suppression (42
U.S.C. 1856e; 42 U.S.C. 1856d(b)).
(l) Administer the large airtanker and aerial asset lease program
(16 U.S.C. 551c).
(li) Provide technical and other assistance with respect to
eligibility of forest products for the ``USDA Certified Biobased
Products'' labeling program (7 U.S.C. 8102(g)).
(3) * * *
(xiii) * * *
(S) The Agricultural Conservation Easement Program authorized by
sections 1265-1265D of the Act (16 U.S.C. 3865-3865d).
(T) The Regional Conservation Partnership Program authorized by
sections 1271-1271F (16 U.S.C. 3871-3871f).
(U) The Voluntary Public Access and Habitat Incentive Program
authorized by section 1240R of the Act (16 U.S.C. 3839bb-5).
(V) A wetlands mitigation banking program authorized by section
1222(k) of the Act (16 U.S.C. 3822(k)).
* * * * *
(xxv) Administer the Terminal Lakes assistance program authorized
by section 2507 of the Farm Security and Rural Investment Act of 2002
(16 U.S.C. 3839bb-6).
* * * * *
0
9. Amend Sec. 2.21 as follows:
0
a. Revise paragraphs (a)(1)(ii), (a)(1)(xix), and (a)(1)(xxv);
0
b. Remove and reserve paragraphs (a)(1)(xxviii) and (a)(1)(xxix);
0
c. Revise paragraph (a)(1)(xxx);
0
d. Remove and reserve paragraph (a)(1)(xlii);
0
e. Revise paragraphs (a)(1)(xlviii) and (a)(1)(l);
0
f. Remove and reserve paragraph (a)(1)(lv);
0
g. Revise paragraph (a)(1)(lxvi);
0
h. Remove and reserve paragraphs (a)(1)(lxvii), (a)(1)(lxxii),
(a)(1)(lxxiii), (a)(1)(lxxiv), (a)(1)(lxxv), (a)(1)(lxxvi), and
(a)(1)(lxxviii);
0
i. Revise paragraph (a)(1)(lxxx);
0
j. Remove and reserve paragraph (a)(1)(lxxxi);
0
k. Revise paragraph (a)(1)(lxxxii);
0
l. Remove and reserve paragraph (a)(1)(lxxxviii);
[[Page 44108]]
0
m. Revise paragraph (a)(1)(ciii);
0
n. Remove and reserve paragraphs (a)(1)(cxi) and (a)(1)(cxvi);
0
o. Revise paragraph (a)(1)(cxvii);
0
p. Remove and reserve paragraphs (a)(1)(cxix) and (a)(1)(cxx);
0
q. Revise paragraphs (a)(1)(cxxiv), (a)(1)(cxxxv), and (a)(1)(cxli);
0
r. Remove and reserve paragraphs (a)(1)(cxlv) and (a)(1)(cxlvi);
0
s. Revise paragraph (a)(1)(cliii);
0
t. Remove and reserve paragraphs (a)(1)(clxx) and (a)(1)(clxxix);
0
u. Revise paragraphs (a)(1)(clxxxiv) and (a)(1)(clxxxv);
0
v. Remove and reserve paragraphs (a)(1)(clxxxviii), (a)(1)(cxcvi),
(a)(1)(cxcix), and (a)(1)(cc);
0
x. Add new paragraphs (a)(1)(ccvi), (a)(1)(ccvii), (a)(1)(ccviii),
(a)(1)(ccix), (a)(1)(ccx), (a)(1)(ccxi), and (a)(1)(ccxii);
0
y. Revise paragraph (a)(7)(i)(C);
0
z. Remove and reserve paragraphs (a)(8)(iii) and (a)(8)(xi);
0
aa. Add new paragraph (a)(8)(xviii);
0
bb. Remove paragraph (a)(10)(iv); and
0
cc. Revise paragraph (b)(2)(i).
The additions and revisions read as follows:
Sec. 2.21 Under Secretary for Research, Education, and Economics.
(a) * * *
(1) * * *
(ii) Provide national leadership and support for research,
extension, and teaching programs in the food and agricultural sciences
to carry out sustainable agriculture research and education; a National
Plant Genetic Resources Program; a national agricultural weather
information system; and any other provisions pursuant to title XVI of
the Food, Agriculture, Conservation, and Trade Act of 1990 (Pub. L.
101-624, 104 Stat. 3703).
* * * * *
(xix) Carry out a program (IR-4 Program) for the collection of
residue and efficacy data in support of registration or reregistration
of pesticides for minor agricultural use and for use on specialty
crops, and to determine tolerances for minor use chemical residues in
or on agricultural commodities (7 U.S.C. 450i(e)).
* * * * *
(xxv) Conduct a Special Cotton Research Program designed to reduce
the cost of producing upland cotton in the United States (7 U.S.C.
1444a(c)).
* * * * *
(xxviii) [Reserved]
(xxix) [Reserved]
(xxx) Conduct education and extension programs related to nutrition
education (7 U.S.C. 2027(a)).
* * * * *
(xlii) [Reserved]
* * * * *
(xlviii) Administer a National Food and Human Nutrition Research
and Extension Program (7 U.S.C. 3171-3173, 3175).
* * * * *
(l) Support continuing agricultural and forestry extension and
research at 1890 land-grant institutions, including Tuskegee University
(7 U.S.C. 3221, 3222, 3222d).
* * * * *
(lv) [Reserved]
* * * * *
(lxvi) Develop and make available handbooks, technical guides, and
other educational materials emphasizing sustainable agriculture
production systems and practices; carry out activities related to a
national training program for sustainable agriculture (7 U.S.C. 5831,
5832).
(lxvii) [Reserved]
* * * * *
(lxxii) [Reserved]
(lxxiii) [Reserved]
(lxxiv) [Reserved]
(lxxv) [Reserved]
(lxxvi) [Reserved]
* * * * *
(lxxviii) [Reserved]
* * * * *
(lxxx) Administer a competitive high priority research and
extension grants program in specified subject areas (7 U.S.C. 5925),
including pollinator activities (7 U.S.C. 5925(g)) not otherwise
delegated to the Under Secretary for Marketing and Regulatory Programs
in Sec. 2.22(a)(2)(xli); prepare an annual report to Congress
regarding pollinator issues (7 U.S.C. 5925(g)(5)).
(lxxxi) [Reserved]
(lxxxii) Administer competitive grants to support research,
education, and extension activities regarding organically grown and
processed agricultural commodities (7 U.S.C. 5925b).
* * * * *
(lxxxviii) [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-582-8).
* * * * *
(cxi) [Reserved]
* * * * *
(cxvi) [Reserved]
(cxvii) Obtain and furnish Federal excess property to eligible
recipients for use in the conduct of research and extension programs
(40 U.S.C. 525(c)).
* * * * *
(cxix) [Reserved]
(cxx) [Reserved]
* * * * *
(cxxiv) Represent the Department on the Federal Interagency
Committee on Education.
* * * * *
(cxxxv) Administer the Department's Patent Program except as
delegated to the General Counsel in Sec. 2.31(a)(5).
* * * * *
(cxli) Implement and administer the Community Food Projects Program
under section 25 of the Food and Nutrition Act of 2008 (7 U.S.C. 2034).
* * * * *
(cxlv) [Reserved]
(cxlvi) [Reserved]
* * * * *
(cliii) Establish procedures that provide for scientific peer
review of each agricultural research grant administered on a
competitive basis, and for relevancy and merit review of each
agricultural research, extension, or education grant administered on a
competitive basis, by the National Institute of Food and Agriculture (7
U.S.C. 7613(a)).
* * * * *
(clxx) [Reserved]
* * * * *
(clxxix) [Reserved]
* * * * *
(clxxxiv) Administer grants to assist the land-grant colleges and
universities in insular areas to acquire, alter, or repair facilities
or relevant equipment necessary for conducting agricultural research;
and to support tropical and subtropical agricultural research,
including pest and disease research (7 U.S.C. 3222b-2).
(clxxxv) Enter into agreements necessary to administer an Hispanic-
Serving Agricultural Colleges and Universities Fund; enter into
agreements necessary to administer a program of making annual payments
to Hispanic-serving agricultural colleges and universities; administer
an institutional capacity-building grants program for Hispanic-serving
agricultural colleges and universities; administer a competitive grants
program to fund fundamental and applied research and extension at
Hispanic-serving agricultural colleges and universities and to award
competitive grants to Hispanic-serving agricultural colleges and
universities to provide for training in the food and agricultural
sciences of Hispanic agricultural workers and Hispanic youth working in
[[Page 44109]]
the food and agricultural sciences (7 U.S.C. 3243).
* * * * *
(clxxxviii) [Reserved]
* * * * *
(cxcvi) [Reserved]
* * * * *
(cxcix) [Reserved]
(cc) [Reserved]
* * * * *
(ccvi) Administer a food insecurity nutrition incentive program (7
U.S.C. 7517).
(ccvii) Administer a food and agriculture service learning grant
program (7 U.S.C. 7633).
(ccviii) Administer a veterinary services grant program (7 U.S.C.
3151b).
(ccix) Enter into grants, contracts, cooperative agreements, or
other legal instruments with former Department of Agriculture
agricultural research facilities (7 U.S.C. 3315(b)).
(ccx) Administer a forestry and forestry products research and
extension initiative (7 U.S.C. 7655b).
(ccxi) Submit to Congress an annual report describing agricultural
research, extension, and education activities carried out by the
Federal Government (7 U.S.C. 7614c(f)).
(ccxii) Enter into cooperative agreements with institutions of
higher education regarding the dissemination of agricultural and food
law research, legal tools, and information (7 U.S.C. 3125a-1).
* * * * *
(7) * * *
(i) * * *
(C) Research on the factors affecting food preference and habits (7
U.S.C. 3171-3173, 3175).
* * * * *
(8) * * *
(iii) [Reserved]
* * * * *
(xi) [Reserved]
* * * * *
(xviii) Coordinate implementation of section 10016 of the
Agricultural Act of 2014 regarding locally or regionally produced
agricultural food products (7 U.S.C. 2204h).
* * * * *
(b) * * *
(2) * * *
(i) Final approval and issuance of the crop and livestock reports.
* * * * *
0
10. Amend Sec. 2.22 as follows:
0
a. Revise paragraphs (a)(1)(i), (a)(1)(ii)(C), and (a)(1)(viii)(CCC);
0
b. Remove and reserve paragraphs (a)(1)(viii)(MMM) and
(a)(1)(viii)(PPP); c. Add new paragraphs (a)(1)(viii)(QQQ),
(a)(1)(viii)(RRR), (a)(1)(viii)(SSS), and (a)(1)(xiii);
0
d. Revise paragraph (a)(2)(xli); and
0
e. Add new paragraph (a)(2)(xlii).
The additions and revisions read as follows:
Sec. 2.22 Under Secretary for Marketing and Regulatory Programs.
(a) * * *
(1) * * *
(i) Exercise the functions of the Secretary of Agriculture
contained in the Agricultural Marketing Act of 1946, as amended (7
U.S.C. 1621-1627b), including payments to State Departments of
Agriculture in connection with cooperative marketing service projects
under section 204(b) (7 U.S.C. 1623(b)), but excepting matters
otherwise assigned.
(ii) * * *
(C) Application of presently available scientific knowledge to the
solution of practical problems encountered in the marketing of
agricultural products (7 U.S.C. 1621-1627b).
* * * * *
(viii) * * *
(CCC) Farmers' Market Promotion Program (7 U.S.C. 3005).
* * * * *
(MMM) [Reserved]
* * * * *
(PPP) [Reserved]
(QQQ) Section 4213(c) of the Agricultural Act of 2014 (7 U.S.C.
1755b(c)).
(RRR) Section 12306 of the Agricultural Act of 2014 (7 U.S.C.
1632c).
(SSS) Section 506 of the Trade and Development Act of 2000 (7
U.S.C. 7101 note).
* * * * *
(xiii) Assist the Under Secretary for Research, Education, and
Economics with implementing section 10016 of the Agricultural Act of
2014 regarding locally or regionally produced agricultural food
products (7 U.S.C. 2204h).
(2) * * *
(xli) Section 1672(g)(3) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5925(g)(3)) regarding honey bee pest,
pathogen, health, and population status surveillance.
(xlii) Section 12309 of the Agricultural Act of 2014 regarding
produce represented as grown in the United States (19 U.S.C. 1304a).
* * * * *
Sec. 2.23 [Amended]
0
11. Amend Sec. 2.23 by removing paragraph (a)(1)(v).
0
12. Amend Sec. 2.24 as follows:
0
a. Remove and reserve paragraph (a)(3);
0
b. Remove paragraph (a)(4)(x)(Z);
0
c. Revise paragraph (a)(5);
0
d. Add new paragraphs (a)(6)(xix) and (a)(7)(xv); and
0
e. Remove paragraph (a)(13).
The additions and revisions read as follows:
Sec. 2.24 Assistant Secretary for Administration.
(a) * * *
(3) [Reserved]
* * * * *
(5) Related to small and disadvantaged business utilization.
Provide general administrative support to the Office of Small and
Disadvantaged Business Utilization, consistent with the other
delegations of authority to the Assistant Secretary for Administration
in this section.
(6) * * *
(xix) In coordination with the Chief Financial Officer, implement
the debarment authorities in section 14211 of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 2009j), in connection with procurement
activities.
* * * * *
(7) * * *
(xv) Serve as a lead agency in carrying out student internship
programs (7 U.S.C. 2279c).
* * * * *
0
13. Amend Sec. 2.25 by revising paragraph (a)(16)(i)(C), to read as
follows:
Sec. 2.25 Assistant Secretary for Civil Rights.
(a) * * *
(16) * * *
(i) * * *
(C) To make final agency decisions, or enter into settlement
agreements on EEO complaints by Department employees or applicants for
employment and order such corrective measures in response to such
complaints as may be considered necessary, except that in qualifying
cases as described in Sec. 2.31(a)(18) the Assistant Secretary for
Civil Rights must first obtain legal sufficiency review and concurrence
by the General Counsel before extending settlement offers or entering
into settlement agreements. Corrective measures may include
recommending to the Office of Human Resources Management and the
affected agency or office that appropriate disciplinary action be taken
when an employee has been found to have engaged in a discriminatory
practice.
* * * * *
[[Page 44110]]
Subpart D--Delegations of Authority to Other General Officers and
Agency Heads
0
14. Add Sec. 2.28 to read as follows:
Sec. 2.28 Chief Financial Officer.
(a) The Chief Financial Officer, under the supervision of the
Secretary of Agriculture, is responsible for executing the duties
enumerated for agency Chief Financial Officers in the Chief Financial
Officers Act of 1990, Public Law 101-576, 31 U.S.C. 902, and additional
specified duties, including:
(1) Report directly to the Secretary regarding financial management
matters.
(2) Oversee all financial management activities relating to the
programs and operations of the Department and component agencies.
(3) Develop and maintain an integrated accounting and financial
system for the Department and component agencies, including financial
reporting and internal controls, which--
(i) Complies with applicable accounting principles, standards, and
requirements, and internal control standards;
(ii) Complies with such policies and requirements as may be
prescribed by the Director of the Office of Management and Budget
(OMB);
(iii) Complies with any other requirements applicable to such
systems; and
(iv) Provides for complete, reliable, consistent, and timely
information which is prepared on a uniform basis and which is
responsive to the financial information needs of Department management
and for the development and reporting of cost information, the
integration of accounting and budgeting information, and the systematic
measurement of performance.
(4) Make recommendations to the Secretary regarding the selection
of the Deputy Chief Financial Officer of the Department, and selection
of principal financial officers of component agencies of the
Department.
(5) Direct, manage, and provide policy guidance and oversight of
Department financial management personnel, activities, and operations,
including:
(i) Prepare and annually revise a Departmental plan to:
(A) Implement the 5-year financial management plan prepared by the
Director of OMB under 31 U.S.C. 3512(a)(3); and
(B) Comply with the requirements established for agency financial
statements under 31 U.S.C. 3515 and with the requirements for audits of
Department financial statements established in 31 U.S.C. 3521(e) and
(f).
(ii) Develop Departmental financial management budgets, including
the oversight and recommendation of approval of component agency
financial management budgets.
(iii) Recruit, select, and train personnel to carry out
Departmental financial management functions.
(iv) Approve and manage Departmental, and approve component agency,
financial management systems design or enhancement projects.
(v) Implement and approve Departmental, and approve component
agency, asset management systems, including systems for cash
management, credit management, debt collection, and property and
inventory management and control.
(6) Prepare and transmit, by not later than 60 days after the
submission of the audit report required by 31 U.S.C. 3521(f), an annual
report to the Secretary and the Director of OMB, which shall include:
(i) A description and analysis of the status of financial
management of the Department.
(ii) The annual financial statements prepared under 31 U.S.C. 3521.
(iii) The audit report transmitted to the Secretary under 31 U.S.C.
3521.
(iv) A summary of the reports on internal accounting and
administrative control systems submitted to the President and the
Congress under the amendments made by the Federal Managers' Financial
Integrity Act of 1982 (31 U.S.C. 1113, 3512).
(v) Other information the Secretary considers appropriate to inform
fully the President and the Congress concerning the financial
management of the Department.
(7) Monitor the financial execution of the budget of the Department
in relation to projected and actual expenditures, and prepare and
submit to the Secretary timely performance reports.
(8) Review, on a biennial basis, the fees, royalties, rent, and
other charges imposed by the Department for services and things of
value it produces, and make recommendations on revising those charges
to reflect costs incurred by the Department in providing those services
and things of value.
(9) Access all records, reports, audits, reviews, documents,
papers, recommendations, or other material that are the property of the
Department or that are available to the Department, and that relate to
programs and operations with respect to which the Chief Financial
Officer has responsibilities, except that this grant allows no access
greater than that permitted under any other law to records, reports,
audits, reviews, documents, papers, recommendations, or other material
of the Office of Inspector General.
(10) Request such information or assistance as may be necessary for
carrying out the duties and responsibilities granted by the Chief
Financial Officers Act of 1990 (Pub. L. 101-576), from any Federal,
State, or local governmental entity.
(11) To the extent and in such amounts as may be provided in
advance by appropriations acts, enter into contracts and other
arrangements with public agencies and with private persons for the
preparation of financial statements, studies, analyses, and other
services, and making such payments as may be necessary to carry out the
duties and prerogatives of the Chief Financial Officer.
(12) Designate the Department's Comptroller of the Department
Working Capital Fund.
(13) Establish Departmental policies, standards, techniques, and
procedures applicable to all USDA agencies for the following areas:
(i) Development, maintenance, review and approval of all
departmental, and review and approval of component agency, internal
control, fiscal, financial management and accounting systems including
the financial aspects of payment management and property systems.
(ii) Selection, standardization, and simplification of program
delivery processes utilizing grants, cooperative agreements and other
forms of Federal assistance.
(iii) Review and approval of Federal assistance, internal control,
fiscal, accounting and financial management regulations and
instructions proposed or issued by USDA agencies for conformity with
Departmental requirements.
(iv) Section 5301 of the Anti-Drug Abuse Act of 1988 (21 U.S.C.
862) as it relates to grants, loans, and licenses.
(14) Establish policies related to the Department Working Capital
Fund.
(15) Approve regulations, procedures and rates for goods and
services financed through the Department Working Capital Fund which
will impact the financial administration of the Fund.
(16) Exercise responsibility and authority for operating USDA's
financial and subsidiary management systems and related administrative
systems including: Departmentwide payroll and personnel information
systems, statistics, administrative payments, billings and collections,
and related reporting systems that are either requested by the agencies
or required by the Department.
[[Page 44111]]
(17) Manage the National Finance Center (NFC).
(18) Provide management support services for the NFC, and by
agreement with agency heads concerned, provide such services for other
USDA tenants housed in the same facility. As used herein, such
management support services shall include:
(i) Personnel services, as listed in Sec. 2.24(a)(4)(x), and
organizational support services, with authority to take actions
required by law or regulation to perform such services; and
(ii) Procurement, property management, space management,
communications, messenger, paperwork management, and related
administrative services, with authority to take actions required by law
or regulation to perform such services.
(19) Exercise responsibility and authority for all matters related
to the Department's accounting and financial operations including such
activities as:
(i) Financial administration, including accounting and related
activities.
(ii) Reviewing financial aspects of agency operations and
proposals.
(iii) Furnishing consulting services to agencies to assist them in
developing and maintaining accounting and financial management systems
and internal controls, and for other purposes consistent with
delegations in paragraph (a)(13) of this section.
(iv) Reviewing and monitoring agency implementation of Federal
assistance policies.
(v) Reviewing and approving agencies' accounting systems
documentation including related development plans, activities, and
controls.
(vi) Monitoring agencies' progress in developing and revising
accounting and financial management systems and internal controls.
(vii) Evaluating agencies' financial systems to determine the
effectiveness of procedures employed, compliance with regulations, and
the appropriateness of policies and practices.
(viii) Promulgation of Department schedule of fees and charges for
reproductions, furnishing of copies and making searches for official
records pursuant to the Freedom of Information Act, 5 U.S.C. 552.
(ix) Monitoring USDA implementation of section 5301 of the Anti-
Drug Abuse Act of 1988 (21 U.S.C. 862) as it relates to grants, loans,
and licenses.
(20) Establish Department and approve component agency programs,
policies, standards, systems, techniques and procedures to improve the
management and operational efficiency and effectiveness of the USDA
including:
(i) Increased use of operations research and management science in
the areas of productivity and management.
(ii) All activities financed through the Department Working Capital
Fund.
(21) Develop Departmental policies, standards, techniques, and
procedures for the conduct of reviews and analysis of the utilization
of the resources of State and local governments, other Federal agencies
and of the private sector in domestic program operations.
(22) Represent the Department in contacts with OMB, General
Services Administration, GAO, Department of the Treasury, Office of
Personnel Management, Department of Health and Human Services,
Department of Labor, Environmental Protection Agency, Department of
Commerce, Congress of the United States, State and local governments,
universities, and other public and private sector individuals,
organizations or agencies on matters related to assigned
responsibilities.
(23) Establish policies related to travel by USDA employees.
(24) Provide budget, accounting, fiscal, and related financial
management services, with authority to take action required by law or
regulation to provide such services for:
(i) The Secretary of Agriculture.
(ii) The general officers of the Department, except the Inspector
General.
(iii) The offices and agencies reporting to the Assistant Secretary
for Administration as a Working Capital Fund activity.
(iv) Any other offices or agencies of the Department as may be
agreed.
(25) Develop, promulgate, and coordinate Department-wide policy
concerning nonprocurement debarment and suspension.
(26) Prepare and submit to Congress reports on conferences
sponsored or held by the Department or attended by employees of the
Department (7 U.S.C. 2255b).
(27) Administer the debarment authorities in section 14211 of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C. 2209j) in
coordination with the Director, Office of Procurement and Property
Management.
(28) Redelegate, as appropriate, any authority delegated under this
section to general officers of the Department and heads of Departmental
agencies.
(b) [Reserved]
0
15. Amend Sec. 2.29 as follows:
0
a. Remove paragraph (a)(11)(ix); and
0
b. Add new paragraphs (a)(14)(iii) and (b).
The additions read as follows:
Sec. 2.29 Chief Economist.
(a) * * *
(14) * * *
(iii) Make competitive grants to, or enter into cooperative
agreements with, agricultural and food policy research centers (7
U.S.C. 3155).
(b) [Reserved]
0
16. Add Sec. 2.30 to read as follows:
Sec. 2.30 Director, Office of Budget and Program Analysis.
(a) The following delegations of authority are made by the
Secretary of Agriculture to the Director, Office of Budget and Program
Analysis:
(1) Serve as the Department's Budget Officer and exercise general
responsibility and authority for all matters related to the
Department's budgeting affairs including:
(i) Resource administration, including all phases of the
acquisition, and distribution of funds and staff years.
(ii) Legislative and regulatory reporting and related activities.
(2) Provide staff assistance for the Secretary, general officers,
and other Department and agency officials.
(3) Formulate and promulgate Departmental budgetary, legislative
and regulatory policies and procedures.
(4) Represent the Department in contacts with the Office of
Management and Budget, the Government Accountability Office, the
Department of the Treasury, Congressional Committees on Appropriations,
and other organizations and agencies on matters related to his or her
responsibility.
(5) Coordinate and/or conduct policy and program analyses on agency
operations and proposals to assist the Secretary, general officers and
other Department and agency officials in formulating and implementing
USDA policies and programs.
(6) Review and analyze legislation, regulations, and policy options
to determine their impact on USDA programs and policy objectives and on
the Department's budget.
(7) Monitor ongoing studies with significant program or policy
implications.
(8) Exercise responsibility for coordinating and overseeing the
implementation of the Government Performance and Results Act of 1993,
Public Law 103-62, and the GPRA Modernization Act of 2010, Public Law
111-352, at the Department.
(b) The following authority is reserved to the Secretary of
Agriculture: Final approval of the Department's program and financial
plans.
[[Page 44112]]
0
17. Amend Sec. 2.31 by adding new paragraph (a)(18), to read as
follows:
Sec. 2.31 General Counsel.
(a) * * *
(18) Conduct legal sufficiency reviews and concur prior to final
implementation for all Equal Employment Opportunity (EEO) settlement
offers and agreements involving complaints that:
(i) Are brought by, or allege discriminatory conduct by, any
political appointee;
(ii) Involve any combination of compensatory damages, attorney's
fees, back pay awards, or any other compensation resulting in costs to
the Department totaling $200,000 or more; or
(iii) Place any political appointee on a detail outside the
Department or on an Intergovernmental Personnel Act (IPA) agreement for
one year or more if the Department retains the obligation to pay the
employee's salary and benefits during the duration of the detail or IPA
agreement.
* * * * *
0
18. Amend Sec. 2.34 by revising the introductory text to read as
follows:
Sec. 2.34 Director, National Appeals Division.
The Director, National Appeals Division, under the general
supervision of the Secretary or Deputy Secretary, has specific duties,
responsibilities, and authorities pursuant to subtitle H of the
Department of Agriculture Reorganization Act of 1994, Public Law 103-
354 (7 U.S.C. 6991 et seq.), including:
* * * * *
0
19. Add Sec. 2.37 to subpart D to read as follows:
Sec. 2.37 Director, Office of Small and Disadvantaged Business
Utilization.
(a) In compliance with the Small Business Act, the Director, Office
of Small and Disadvantaged Business Utilization is designated as the
Department's Director of Small and Disadvantaged Business Utilization,
who shall report directly to the Secretary of Agriculture or the Deputy
Secretary of Agriculture. The Director of Small and Disadvantaged
Business Utilization has specific responsibilities under the Small
Business Act, 15 U.S.C. 644(k). These duties include being responsible
for the following:
(1) Administer the Department's small and disadvantaged business
activities related to procurement contracts, minority bank deposits,
and grants and loan activities affecting small and minority businesses
including women-owned business, and the small business, small minority
business, and small women-owned business subcontracting programs.
(2) Provide Departmentwide liaison and coordination of activities
related to small, small disadvantaged, and women-owned businesses with
the Small Business Administration and others in the public and private
sector.
(3) Develop policies and procedures required by the applicable
provision of the Small Business Act, as amended, to include the
establishment of goals.
(4) Implement and administer programs described under sections 8
and 15 of the Small Business Act, as amended (15 U.S.C. 637 and 644).
(5) In compliance with the Veterans Benefits Act of 2003 (Pub. L.
108-183) amending the Small Business Act, implement and administer
procurement programs for small business concerns owned and controlled
by service-disabled veterans.
(b) The following additional authorities are delegated by the
Secretary of Agriculture to the Director, Office of Small and
Disadvantaged Business Utilization:
(1) In compliance with the Javits-Wagner-O'Day Act (41 U.S.C. 8501
et seq.), implement and administer the Department's AbilityOne program
for purchases from qualified nonprofit agencies for the blind or for
the severely disabled.
(2) [Reserved]
0
20. Add Sec. 2.38 to subpart D to read as follows:
Sec. 2.38 Director, Office of Tribal Relations.
(a) Delegations. The following delegations of authority are made by
the Secretary of Agriculture to the Director, Office of Tribal
Relations:
(1) Serve as the Department's primary point of contact for tribal
issues.
(2) Advise the Secretary on policies related to Indian tribes.
(3) Serve as the official with principal responsibility for the
implementation of Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments,'' including the provision
of Department-wide guidance and oversight regarding tribal
consultation, coordination, and collaboration.
(4) Coordinate the Department's programs involving assistance to
American Indians and Alaska Natives.
(5) Enter into cooperative agreements to improve the coordination
and effectiveness of Federal programs, services, and actions affecting
rural areas (7 U.S.C. 2204b(b)(4)); and to provide outreach and
technical assistance to socially disadvantaged farmers and ranchers and
veteran farmers and ranchers (7 U.S.C. 2279(a)(3)).
(b) [Reserved]
Subpart F--Delegations of Authority by the Under Secretary for Farm
and Foreign Agricultural Services
0
21. Amend Sec. 2.42 as follows:
0
a. Revise paragraphs (a)(20), (a)(28)(iii), (a)(28)(viii), (a)(28)(ix),
and (a)(28)(x);
0
b. Add new paragraph (a)(28)(xiii);
0
c. Revise paragraph (a)(45);
0
d. Remove and reserve paragraphs (a)(52), (a)(53), (a)(56)(i),
(a)(56)(iii), (a)(56)(iv), (a)(56)(vi), and (a)(56)(vii); and
0
e. Add new paragraphs (a)(58) and (a)(59).
The additions and revisions read as follows:
Sec. 2.42 Administrator, Farm Service Agency.
(a) * * *
* * * * *
(20) Formulate and carry out the Conservation Reserve Program,
including the implementation of technical assistance, under the Food
Security Act of 1985, as amended (16 U.S.C. 1231 et seq.), and the
functions of the Grassland Reserve Program transferred to the
Conservation Reserve Program.
* * * * *
(28) * * *
(iii) Section 306A (7 U.S.C. 1926a) and section 306B (7 U.S.C.
1926b), relating to the Emergency Community Water Assistance Grant
Programs, and section 306D (7 U.S.C. 1926d), relating to water systems
for rural Alaskan Native Villages;
* * * * *
(viii) Section 310C (7 U.S.C. 1933), relating to housing program
interest rates;
(ix) Section 310G (7 U.S.C. 1936a), relating to the use of rural
development loans and grants for other purposes, and section 353A (7
U.S.C. 2001a), relating to the servicing of community facilities loans;
(x) Section 364 (7 U.S.C. 2006f) and section 365 (7 U.S.C. 2008);
* * * * *
(xiii) Sections 379 (7 U.S.C. 2008n) through 379G (7 U.S.C. 2008u)
and subtitles E through I (7 U.S.C. 2009-2009dd-7) relating to rural
development programs and activities.
* * * * *
(45) Administer all programs of the Commodity Credit Corporation
that provide assistance with respect to the production of agricultural
commodities
[[Page 44113]]
or the income of producers, including disaster assistance and the
domestic marketing of such commodities, except as may otherwise be
reserved by the Under Secretary for Farm and Foreign Agricultural
Services, and similar programs (including commodity quality development
programs) consigned by statute to the Secretary of Agriculture unless
otherwise delegated.
* * * * *
(52) [Reserved]
(53) [Reserved]
* * * * *
(56) * * *
(i) [Reserved]
* * * * *
(iii) [Reserved]
(iv) [Reserved]
* * * * *
(vi) [Reserved]
(vii) [Reserved]
* * * * *
(58) Administer the following provisions of the Agricultural Act of
2014, Public Law 113-79:
(i) Sections 1401-1410 relating to a margin protection program for
dairy producers (7 U.S.C. 9051-9060), and section 1431 relating to a
dairy product donation program (7 U.S.C. 9071).
(ii) Section 1612 relating to the tracking of benefits (7 U.S.C.
9095).
(iii) Section 12314 relating to the Pima Agriculture Cotton Trust
Fund (7 U.S.C. 2101 note), in coordination with the Administrator,
Foreign Agricultural Service.
(iv) Section 12315 relating to the Agriculture Wool Apparel
Manufacturers Trust Fund (7 U.S.C. 7101 note), in coordination with the
Administrator, Foreign Agricultural Service.
(59) Enter into cooperative agreements under section 1472(b) of the
National Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3318(b)) for the purpose of implementing section
1614(c)(3) of the Agricultural Act of 2014 (7 U.S.C. 9097(c)).
* * * * *
0
22. Amend Sec. 2.43 as follows:
0
a. Revise paragraphs (a)(16) and (a)(17);
0
b. Remove and reserve paragraphs (a)(18) and (a)(19); and
0
c. Add new paragraph (a)(50).
The additions and revisions read as follows:
Sec. 2.43 Administrator, Foreign Agricultural Service.
(a) * * *
(16) Perform functions of the Department in connection with the
development and implementation of agreements to finance the sale and
exportation of agricultural commodities on long-term credit or for
foreign currencies under the Food for Peace Act (7 U.S.C. 1691, 1701 et
seq.).
(17) Coordinate within the Department activities arising under the
Food for Peace Act (except as delegated to the Under Secretary for
Research, Education, and Economics in Sec. 2.21(a)(8)), and to
represent the Department in its relationships in such matters with the
Department of State, any interagency committee on the Food for Peace
Act, and other departments, agencies, and committees of the Government.
(18) [Reserved]
(19) [Reserved]
* * * * *
(50) Administer the following provisions of the Agricultural Act of
2014, Public Law 113-79:
(i) Section 12314 relating to the Pima Agriculture Cotton Trust
Fund (7 U.S.C. 2101 note), in coordination with the Administrator, Farm
Service Agency.
(ii) Section 12315 relating to the Agriculture Wool Apparel
Manufacturers Trust Fund (7 U.S.C. 7101 note), in coordination with the
Administrator, Farm Service Agency.
* * * * *
0
23. Amend Sec. 2.44 by adding new paragraphs (a)(5), (a)(6), (a)(7),
and (a)(8), to read as follows:
Sec. 2.44 Administrator, Risk Management Agency and Manager, Federal
Crop Insurance Corporation
(a) * * *
(5) Carry out functions relating to highly erodible land and
wetland conservation under sections 1211-1213 and 1221-1223 of the Food
Security Act of 1985, as amended (16 U.S.C. 3811-3813 and 3821-3823).
(6) Prepare cropland reports as required by section 11014(c) of the
Agricultural Act of 2013, Public Law 113-79.
(7) Assist the Administrator, Economic Research Service with
implementing section 10016 of the Agricultural Act of 2014 regarding
locally or regionally produced agricultural food products (7 U.S.C.
2204h).
(8) Administer the Federal Crop Insurance Act (7 U.S.C. 1501, et
seq.), except for sections 524(a)(1)(B), (a)(3), and (b) (7 U.S.C.
1524(a)(1)(B), (a)(3), (b)) and 531 (7 U.S.C. 1531).
* * * * *
Subpart G--Delegations of Authority by the Under Secretary for
Rural Development
0
24. Revise Sec. 2.45 to read as follows:
Sec. 2.45 Deputy Under Secretary for Rural Development.
Pursuant to Sec. 2.17(a), subject to reservations in Sec.
2.17(b), and subject to policy guidance and direction by the Under
Secretary for Rural Development, the following delegation of authority
is made to the Deputy Under Secretary for Rural Development, 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
Rural Development: Provided, that this authority shall be exercised
first by the Deputy Under Secretary for Policy and Planning, and second
by the Deputy Under Secretary for Operations and Management.
0
25. Amend Sec. 2.47 as follows:
0
a. Revise the introductory text in paragraph (a);
0
b. Remove and reserve paragraphs (a)(4)(xii) and (a)(15); and
0
c. Add new paragraphs (a)(17) and (a)(18).
The additions and revisions read as follows:
Sec. 2.47 Administrator, Rural Utilities Service.
(a) Delegations. Pursuant to Sec. Sec. 2.17(a)(14) and (a)(16)
through (a)(20), and subject to policy guidance and direction by the
Under Secretary for Rural Development, the following delegations of
authority are made by the Under Secretary for Rural Development to the
Administrator, Rural Utilities Service:
* * * * *
(4) * * *
(xii) [Reserved]
* * * * *
(15) [Reserved]
* * * * *
(17) Administer section 6407 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8107a), relating to a rural energy
savings program.
(18) Administer section 6210 of the Agricultural Act of 2014,
Public Law 113-79, relating to funding of pending rural development
loan and grant applications.
* * * * *
0
26. Amend Sec. 2.48 as follows:
0
a. Revise the introductory text of paragraph (a) and paragraph
(a)(2)(v);
0
b. Remove and reserve paragraph (a)(4); and
[[Page 44114]]
0
c. Add new paragraphs (a)(33) and (a)(34).
The additions and revisions read as follows:
Sec. 2.48 Administrator, Rural Business-Cooperative Service.
(a) Delegations. Pursuant to Sec. Sec. 2.17(a)(1), (a)(2),
(a)(14), (a)(16) through (a)(19), and (a)(21), subject to reservations
in Sec. 2.17(b)(1), and subject to policy guidance and direction by
the Under Secretary for Rural Development, the following delegations of
authority are made by the Under Secretary for Rural Development to the
Administrator, Rural Business-Cooperative Service:
* * * * *
(2) * * *
(v) Section 310H (7 U.S.C. 1936b), relating to an intermediary
relending program.
* * * * *
(4) [Reserved]
* * * * *
(33) Administer the Healthy Food Financing Initiative under section
243 of the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6953).
(34) Administer section 6209 of the Agricultural Act of 2014 (7
U.S.C. 2207b), relating to the collection and reporting of program
metrics.
* * * * *
0
27. Amend Sec. 2.49 by revising the introductory text of paragraph
(a), to read as follows:
Sec. 2.49 Administrator, Rural Housing Service.
(a) Delegations. Pursuant to Sec. Sec. 2.17(a)(14), (a)(16)
through (a)(19) and (a)(22), and subject to policy guidance and
direction by the Under Secretary for Rural Development, the following
delegations of authority are made by the Under Secretary for Rural
Development to the Administrator, Rural Housing Service:
* * * * *
Subpart I--Delegations of Authority by the Under Secretary for
Food, Nutrition, and Consumer Services
0
28. Amend Sec. 2.57 as follows:
0
a. Remove paragraph (a)(1)(xiii); and
0
b. Add new paragraphs (a)(15) and (a)(16)
The additions read as follows:
Sec. 2.57 Administrator, Food and Nutrition Service.
(a) * * *
(15) Administer the following provisions of the Agricultural Act of
2014, Public Law 113-79:
(i) Section 4004(b), relating to a demonstration project regarding
the Food Distribution Program on Indian Reservations (7 U.S.C. 2013
note).
(ii) Section 4031, relating to a Commonwealth of the Northern
Mariana Islands pilot program regarding the Supplemental Nutrition
Assistance Program (48 U.S.C. 1841 note).
(iii) Section 4032, relating to annual State reporting on
verification of Supplemental Nutrition Assistance Program participation
(7 U.S.C. 2036c).
(iv) Section 4033, relating to service of traditional foods in
public facilities (25 U.S.C. 443d).
(v) Section 4214, relating to a pilot project for canned, frozen,
or dried fruits and vegetables as part of the Fresh Fruit and Vegetable
Program under the Richard B. Russell National School Lunch Act (42
U.S.C. 1769a note).
(16) Administer section 301 of the National Nutrition Monitoring
and Related Research Act of 1990, relating to the Dietary Guidelines
for Americans (7 U.S.C. 5341).
* * * * *
Subpart J--Delegations of Authority by the Under Secretary for
Natural Resources and Environment
0
29. Amend Sec. 2.60 as follows:
0
a. Revise paragraph (a)(28);
0
b. Remove and reserve paragraph (a)(45);
0
c. Revise paragraph (a)(48);
0
d. Remove and reserve paragraph (a)(52);
0
e. Revise paragraph (a)(53); and
0
f. Add new paragraphs (a)(55), (a)(56), (a)(57), (a)(58), (a)(59), and
(a)(60).
The additions and revisions read as follows:
Sec. 2.60 Chief, Forest Service.
(a) * * *
(28) Represent USDA in all matters relating to responsibilities and
authorities under the Federal Power Act (16 U.S.C. 791a-823).
* * * * *
(45) [Reserved]
* * * * *
(48) Establish programs with any bureau of the U.S. Department of
the Interior (DOI) in support of the Service First initiative for the
purpose of promoting customer service and efficiency including
delegating to DOI employees those authorities of the U.S. Department of
Agriculture (USDA) necessary to carry out projects on behalf of USDA
(43 U.S.C. 1703).
* * * * *
(52) [Reserved]
(53) Administer the community wood energy program providing grants
to develop community wood energy plans, acquire or upgrade community
wood energy systems, and establish or expand biomass consumer
cooperatives (7 U.S.C. 8113).
* * * * *
(55) Administer the programs authorized by the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6501 et seq.), except for the
Healthy Forests Reserve Program authorized in title V of such act (16
U.S.C. 6571-6578).
(56) Administer Good Neighbor contracts and cooperative agreements
with a State to carry out forest, rangeland, and watershed restoration
services on National Forest System lands (16 U.S.C. 2113a; Public Law
106-291, section 331, as amended).
(57) Utilize the Agriculture Conservation Experienced Services
(ACES) Program (16 U.S.C. 3851) to provide technical services for
conservation-related programs and authorities carried out on National
Forest System lands (16 U.S.C. 3851a).
(58) Administer reimbursements received for fire suppression (16
U.S.C. 1856e; 42 U.S.C. 1856d(b)).
(59) Administer the large airtanker and aerial asset lease program
(16 U.S.C. 551c).
(60) Provide technical and other assistance with respect to
eligibility of forest products for the ``USDA Certified Biobased
Products'' labeling program (7 U.S.C. 8102(g)).
* * * * *
0
30. Amend Sec. 2.61 as follows:
0
a. Add new paragraphs (a)(13)(xix), (a)(13)(xx), (a)(13)(xxi), and
(a)(13)(xxii); b. Remove and reserve paragraph (a)(16); and
0
c. Add new paragraph (a)(30).
The additions and revisions read as follows:
Sec. 2.61 Chief, Natural Resources Conservation Service.
(a) * * *
(13) * * *
(xix) The Agricultural Conservation Easement Program authorized by
sections 1265-1265D of the Act (16 U.S.C. 3865-3865d).
(xx) The Regional Conservation Partnership Program authorized by
sections 1271-1271F (16 U.S.C. 3871-3871f).
(xxi) The Voluntary Public Access and Habitat Incentive Program
authorized by section 1240R of the Act (16 U.S.C. 3839bb-5).
(xxii) A wetlands mitigation banking program authorized by section
1222(k) of the Act (16 U.S.C. 3822(k)).
* * * * *
(16) [Reserved]
* * * * *
[[Page 44115]]
(30) Administer the Terminal Lakes assistance program authorized by
section 2507 of the Farm Security and Rural Investment Act of 2002 (16
U.S.C. 3839bb-6).
* * * * *
Subpart K--Delegations of Authority by the Under Secretary for
Research, Education, and Economics
0
31. Amend Sec. 2.65 as follows:
0
a. Revise paragraph (a)(15);
0
b. Remove and reserve paragraphs (a)(16), (a)(25), (a)(30), (a)(34),
(a)(35), (a)(36), (a)(37), (a)(53), and (a)(55);
0
c. Revise paragraph (a)(58);
0
d. Remove and reserve paragraph (a)(61);
0
e. Revise the introductory text of paragraph (a)(64) and (a)(64)(iii);
0
f. Remove and reserve paragraphs (a)(82) and (a)(83);
0
g. Revise paragraph (a)(113); and
0
h. Add new paragraphs (a)(114) and (a)(115).
The additions and revisions read as follows:
Sec. 2.65 Administrator, Agricultural Research Service.
(a) * * *
(15) Conduct a Special Cotton Research Program designed to reduce
the cost of producing upland cotton in the United States (7 U.S.C.
1444a(c)).
(16) [Reserved]
* * * * *
(25) [Reserved]
* * * * *
(30) [Reserved]
* * * * *
(34) [Reserved]
(35) [Reserved]
(36) [Reserved]
(37) [Reserved]
* * * * *
(53) [Reserved]
* * * * *
(55) [Reserved]
* * * * *
(58) Administer the Department's Patent Program except as delegated
to the General Counsel in Sec. 2.31(a)(5).
* * * * *
(61) [Reserved]
* * * * *
(64) Administer a National Food and Human Nutrition Research
Program under the National Agricultural Research, Extension, and
Teaching Policy Act of 1977, as amended. As used herein the term
``research'' includes:
* * * * *
(iii) Research on the factors affecting food preference and habits
(7 U.S.C. 3171-3173, 3175).
* * * * *
(82) [Reserved]
(83) [Reserved]
* * * * *
(113) Carry out pollinator health research activities (7 U.S.C.
5925(g)(2)).
(114) Enter into grants, contracts, cooperative agreements, or
other legal instruments with former Department of Agriculture
agricultural research facilities (7 U.S.C. 3315(b)).
(115) Enter into cooperative agreements with institutions of higher
education regarding the dissemination of agricultural and food law
research, legal tools, and information (7 U.S.C. 3125a-1).
* * * * *
0
32. Amend Sec. 2.66 as follows:
0
a. Revise paragraph (a)(6);
0
b. Remove and reserve paragraph (a)(16);
0
c. Revise paragraphs (a)(17) and (a)(18);
0
d. Remove and reserve paragraphs (a)(21), (a)(34), (a)(35), (a)(36),
and (a)(39);
0
e. Revise paragraph (a)(42);
0
f. Remove and reserve paragraph (a)(43);
0
g. Revise paragraphs (a)(44) and (a)(57);
0
h. Remove and reserve paragraphs (a)(64), (a)(65), and (a)(73);
0
i. Revise paragraph (a)(78);
0
j. Remove and reserve paragraphs (a)(79), (a)(80), and (a)(81);
0
k. Revise paragraph (a)(83);
0
l. Remove and reserve paragraphs (a)(91) and (a)(96);
0
m. Revise paragraph (a)(102);
0
n. Remove and reserve paragraphs (a)(105) and (a)(109);
0
o. Revise paragraph (a)(121);
0
p. Remove and reserve paragraph (a)(137);
0
q. Revise paragraphs (a)(143) and (a)(144);
0
r. Remove and reserve paragraphs (a)(147), (a)(152), (a)(154), and
(a)(155); and
0
s. Add new paragraphs (a)(161), (a)(162), (a)(163), (a)(164), and
(a)(165).
The additions and revisions read as follows:
Sec. 2.66 Director, National Institute of Food and Agriculture.
(a) * * *
(6) Carry out a program (IR-4 Program) for the collection of
residue and efficacy data in support of registration or reregistration
of pesticides for minor agricultural use and for use on specialty
crops, and to determine tolerances for minor use chemical residues in
or on agricultural commodities (7 U.S.C. 450i(e)).
* * * * *
(16) [Reserved]
(17) Administer and direct an Animal Health and Disease Research
Program under the National Agricultural Research, Extension, and
Teaching Policy Act of 1977, as amended (7 U.S.C. 3191-3201).
(18) Support continuing agricultural and forestry extension and
research, at 1890 land-grant institutions, including Tuskegee
University (7 U.S.C. 3221, 3222, 3222d).
* * * * *
(21) [Reserved]
* * * * *
(34) [Reserved]
(35) [Reserved]
(36) [Reserved]
* * * * *
(39) [Reserved]
* * * * *
(42) Administer a competitive high priority research and extension
grants program in specified subject areas (7 U.S.C. 5925), including
pollinator activities (7 U.S.C. 5925(g)) not otherwise delegated to the
Administrator, Agricultural Research Service in Sec. 2.65(a)(113) and
the Administrator, Animal and Plant Health Inspection Service in Sec.
2.80(a)(47).
(43) [Reserved]
(44) Administer competitive grants to support research, education,
and extension activities regarding organically grown and processed
agricultural commodities (7 U.S.C. 5925b).
* * * * *
(57) Represent the Department on the Federal Interagency Committee
on Education.
* * * * *
(64) [Reserved]
(65) [Reserved]
* * * * *
(73) [Reserved]
* * * * *
(78) Develop and make available handbooks, technical guides, and
other educational materials emphasizing sustainable agriculture
production systems and practices; carry out activities related to a
national training program for sustainable agriculture (7 U.S.C. 5831,
5832).
(79) [Reserved]
(80) [Reserved]
(81) [Reserved]
* * * * *
(83) Conduct education and extension programs related to nutrition
education (7 U.S.C. 2027(a)).
* * * * *
(91) [Reserved]
* * * * *
[[Page 44116]]
(96) [Reserved]
* * * * *
(102) Implement and administer the Community Food Projects Program
under section 25 of the Food and Nutrition Act of 2008 (7 U.S.C. 2034).
* * * * *
(105) [Reserved]
* * * * *
(109) [Reserved]
* * * * *
(121) Establish procedures that provide for scientific peer review
of each agricultural research grant administered on a competitive
basis, and for relevancy and merit review of each agricultural
research, extension, or education grant administered on a competitive
basis, by the National Institute of Food and Agriculture (7 U.S.C.
7613(a)).
* * * * *
(137) [Reserved]
* * * * *
(143) Administer grants to assist the land-grant colleges and
universities in insular areas to acquire, alter, or repair facilities
or relevant equipment necessary for conducting agricultural research;
and to support tropical and subtropical agricultural research,
including pest and disease research (7 U.S.C. 3222b-2).
(144) Enter into agreements necessary to administer an Hispanic-
Serving Agricultural Colleges and Universities Fund; enter into
agreements necessary to administer a program of making annual payments
to Hispanic-serving agricultural colleges and universities; administer
an institutional capacity-building grants program for Hispanic-serving
agricultural colleges and universities; administer a competitive grants
program to fund fundamental and applied research and extension at
Hispanic-serving agricultural colleges and universities and to award
competitive grants to Hispanic-serving agricultural colleges and
universities to provide for training in the food and agricultural
sciences of Hispanic agricultural workers and Hispanic youth working in
the food and agricultural sciences (7 U.S.C. 3243).
* * * * *
(147) [Reserved]
* * * * *
(152) [Reserved]
* * * * *
(154) [Reserved]
(155) [Reserved]
* * * * *
(161) Enter into agreements with and receive funds from any State,
other political subdivision, organization, or individual for the
purpose of conducting cooperative research projects (7 U.S.C. 450a).
(162) Administer a food insecurity nutrition incentive program (7
U.S.C. 7517).
(163) Administer a food and agriculture service learning grant
program (7 U.S.C. 7633).
(164) Administer a veterinary services grant program (7 U.S.C.
3151b).
(165) Administer a forestry and forestry products research and
extension initiative (7 U.S.C. 7655b).
* * * * *
0
33. Amend Sec. 2.67 as follows:
0
a. Remove and reserve paragraphs (a)(3) and (a)(7); and
0
b. Add new paragraphs (a)(21) and (a)(22).
The additions and revisions read as follows:
Sec. 2.67 Administrator, Economic Research Service.
(a) * * *
(3) [Reserved]
* * * * *
(7) [Reserved]
* * * * *
(21) Enter into agreements with and receive funds from any State,
other political subdivision, organization, or individual for the
purpose of conducting cooperative research projects (7 U.S.C. 450a).
(22) Coordinate implementation of section 10016 of the Agricultural
Act of 2014 regarding locally or regionally produced agricultural food
products (7 U.S.C. 2204h).
* * * * *
0
34. Amend Sec. 2.68 by adding new paragraph (a)(13) to read as
follows:
Sec. 2.68 Administrator, National Agricultural Statistics Service.
(a) * * *
(13) Assist the Administrator, Economic Research Service with
implementing section 10016 of the Agricultural Act of 2014 regarding
locally or regionally produced agricultural food products (7 U.S.C.
2204h).
* * * * *
Subpart L--Delegations of Authority by the Chief Economist
Sec. 2.73 [Amended]
0
35. Amend Sec. 2.73 by removing paragraph (a)(10).
Subpart N--Delegations of Authority by the Under Secretary for
Marketing and Regulatory Programs
0
36. Amend Sec. 2.79 as follows:
0
a. Revise paragraphs (a)(1), (a)(2)(iii), and (a)(8)(lxiii);
0
b. Remove and reserve paragraphs (a)(8)(lxxiii) and (a)(8)(lxxvi); and
0
c. Add new paragraphs (a)(8)(lxxvii), (a)(8)(lxxviii), (a)(8)(lxxix),
and (a)(15).
The additions and revisions read as follows:
Sec. 2.79 Administrator, Agricultural Marketing Service.
(a) * * *
(1) Exercise the functions of the Secretary of Agriculture
contained in the Agricultural Marketing Act of 1946, as amended (7
U.S.C. 1621-1627b), including payments to State Departments of
Agriculture in connection with cooperative marketing service projects
under section 204(b) (7 U.S.C. 1623(b)), but excepting matters
otherwise assigned.
(2) * * *
(iii) Application of presently available scientific knowledge to
the solution of practical problems encountered in the marketing of
agricultural products (7 U.S.C. 1621-1627b).
* * * * *
(8) * * *
(lxiii) Farmers' Market Promotion Program (7 U.S.C. 3005).
* * * * *
(lxxiii) [Reserved]
* * * * *
(lxxvi) [Reserved]
(lxxvii) Section 4213(c) of the Agricultural Act of 2014 (7 U.S.C.
1755b(c)).
(lxxviii) Section 12306 of the Agricultural Act of 2014 (7 U.S.C.
1632c).
(lxxix) Section 506 of the Trade and Development Act of 2000 (7
U.S.C. 7101 note).
* * * * *
(15) Assist the Administrator, Economic Research Service with
implementing section 10016 of the Agricultural Act of 2014 regarding
locally or regionally produced agricultural food products (7 U.S.C.
2204h).
* * * * *
0
37. Amend Sec. 2.80 as follows:
0
b. Revise paragraph (a)(47); and
0
b. Add new paragraph (a)(48).
The revision and addition read as follows:
Sec. 2.80 Administrator, Animal and Plant Health Inspection Service.
(a) * * *
(47) Section 1672(g)(3) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5925(g)(3)) regarding honey bee pest,
pathogen, health, and population status surveillance.
[[Page 44117]]
(48) Section 12309 of the Agricultural Act of 2014 regarding
produce represented as grown in the United States (19 U.S.C. 1304a).
* * * * *
Subpart O--Delegations of Authority by the Assistant Secretary for
Congressional Relations
Sec. 2.85 [Amended]
0
38. Amend Sec. 2.85 by removing paragraph (a)(5).
Subpart P--Delegations of Authority by the Assistant Secretary for
Administration
Sec. 2.90 [Removed]
0
39. Remove Sec. 2.90.
Sec. 2.91 [Amended]
0
40. Amend Sec. 2.91 by removing paragraph (a)(10)(xxvi).
Sec. 2.92 [Removed]
0
41. Remove Sec. 2.92.
0
42. Amend Sec. 2.93 by revising the introductory text of paragraph (a)
to read as follows:
Sec. 2.93 Director, Office of Procurement and Property Management.
(a) Delegations. Pursuant to Sec. 2.24(a)(6) of this chapter, and
with due deference for delegations to other Departmental Management
officials, the following delegations of authority are made by the
Assistant Secretary for Administration to the Director, Office of
Procurement and Property Management:
* * * * *
0
43. Amend Sec. 2.94 by adding a new paragraph (a)(15), to read as
follows:
Sec. 2.94 Director, Office of Advocacy and Outreach.
(a) * * *
(15) Serve as a lead agency in carrying out student internship
programs (7 U.S.C. 2279c).
* * * * *
Subpart T--Delegations of Authority by the Chief Financial Officer
0
44. Revise Sec. 2.500 to read as follows:
Sec. 2.500 Deputy Chief Financial Officer.
Pursuant to Sec. 2.28, the following delegation of authority is
made by the Chief Financial Officer to the Deputy Chief Financial
Officer, to be exercised only during the absence or unavailability of
the Chief Financial Officer: Perform all the duties and exercise all
the powers which are now or which may hereafter be delegated to the
Chief Financial Officer.
Sec. 2.501 [Removed]
0
45. Remove Sec. 2.501.
CHAPTER XVII--RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE
PART 1700--GENERAL INFORMATION
0
46. The authority citation for part 1700 continues to read as follows:
Authority: 5 U.S.C. 301, 552; 7 U.S.C. 901 et seq., 1921 et
seq., 6941 et seq.; 7 CFR 2.7.
Subpart B--Agency Organization and Functions
0
47. Revise Sec. 1700.25 to read as follows:
Sec. 1700.25 Office of the Administrator.
The Administrator of the Rural Utilities Service (RUS) and of the
Rural Telephone Bank (RTB) is appointed by the President. The Under
Secretary, Rural Development delegated to the Administrator, in 7 CFR
part 2, responsibility for administering the programs and activities of
RUS and RTB. The Administrator is aided directly by Deputy
Administrators and by Assistant Administrators for the electric
program, telecommunications program, the water and environmental
programs, and program accounting and regulatory analysis, and by other
staff offices. The work of the agency is carried out as described in
this part.
0
48. Revise Sec. 1700.26 to read as follows:
Sec. 1700.26 Deputy Administrator.
The Deputy Administrator aids and assists the Administrator. The
Deputy Administrator provides overall policy direction to all RUS
programs. The Deputy Administrator reviews agency policies and, as
necessary, implements changes and participates with the Administrator
and other officials in planning and formulating the programs and
activities of the agency, including the making and servicing of loans
and grants.
Subpart C--Loan and Grant Approval Authorities
Sec. 1700.53 [Removed]
0
49. Remove Sec. 1700.53.
CHAPTER XXXVIII--WORLD AGRICULTURAL OUTLOOK BOARD, DEPARTMENT OF
AGRICULTURE
PART 3800--ORGANIZATION AND FUNCTIONS
0
50. The authority citation for part 3800 is revised to read as follows:
Authority: 5 U.S.C. 301 and 552, and 7 CFR 2.72, except as
otherwise noted.
Sec. 3800.3 [Amended]
0
51. Amend Sec. 3800.3 by removing paragraph (d).
Dated: July 14, 2014.
Thomas J. Vilsack,
Secretary of Agriculture.
[FR Doc. 2014-17352 Filed 7-29-14; 8:45 am]
BILLING CODE 3410-90-P