Revision of Delegations of Authority and Commodity Credit Corporation Board of Directors Meeting Requirements, 22177-22190 [2018-10133]

Agencies

• DEPARTMENT OF AGRICULTURE
• Commodity Credit Corporation
• Office of the Secretary

[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)]
[Rules and Regulations]
[Pages 22177-22190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10133]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and 
Regulations

[[Page 22177]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 2

Commodity Credit Corporation

7 CFR Part 1409

RIN-0503-AA62


Revision of Delegations of Authority and Commodity Credit 
Corporation Board of Directors Meeting Requirements

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Secretary of Agriculture is authorized to delegate 
functions, powers, and duties as the Secretary deems appropriate. This 
document amends the existing delegations of authority by adding and 
modifying certain delegations, as explained in the Supplementary 
Information section below. In addition, it repeals regulations 
governing meetings of the Commodity Credit Corporation Board of 
Directors.

DATES: Effective May 14, 2018.

FOR FURTHER INFORMATION CONTACT: Melissa McClellan, Office of the 
General Counsel, (202) 720-5565, [email protected].

SUPPLEMENTARY INFORMATION: This rule makes several changes to the 
United States Department of Agriculture's (USDA) delegations of 
authority in 7 CFR part 2 by adding new delegations and modifying 
existing delegations. It also repeals Part 1409, Meetings of the Board 
of Directors of Commodity Credit Corporation.

Overview of Changes

A. Trade and Foreign Agricultural Affairs

    This rule revises the delegations of authority to reflect the 
establishment of the new Under Secretary for Trade and Foreign 
Agricultural Affairs (TFAA) position, as authorized by Congress under 
the Agricultural Act of 2014 (7 U.S.C. 6935). The rule also implements 
the realignment of the Foreign Agricultural Service (FAS) and U.S. 
Codex Office to comprise the new TFAA mission area. See Secretary's 
Memorandum (SM) 1076-017 (May 11, 2017), available at https://www.ocio.usda.gov/document/secretarys-memorandum-1076-017, and SM 1076-
018 (Nov. 14, 2017), available at https://www.ocio.usda.gov/document/secretarys-memorandum-1076-018. See also 82 FR 22802-02 (May 18, 2017); 
82 FR 42781-01 (Sept. 12, 2017).
    This rule adds a new section of delegations by the Secretary to the 
Under Secretary for TFAA at Sec.  2.26. The rule further adds a new 
Subpart U titled ``Delegations of Authority by the Under Secretary of 
Trade and Foreign Agricultural Affairs.'' The rule establishes a new 
Sec.  2.600 with delegations to the Deputy Under Secretary for TFAA, in 
the event a Deputy Under Secretary is appointed. The delegations of 
authority to the Administrator, FAS previously located at Sec.  2.43 
under Subpart F--Delegations of Authority by the Under Secretary for 
Farm and Foreign Agricultural Services are now located under Subpart U 
at Sec.  2.601. The rule further establishes a new Sec.  2.602 with 
delegations to the Manager, U.S. Codex Office.

B. Farm Production and Conservation

    This rule also revises the delegations to reflect the change in 
title of the former Under Secretary for Farm and Foreign Agricultural 
Services (FFAS) to the Under Secretary for Farm Production and 
Conservation (FPAC), as authorized by Section 772 of the Consolidated 
Appropriations Act, 2018 (Pub. L. 115-141) and section 4(a) of 
Reorganization Plan No. 2 of 1953 (5 U.S.C. App.; 7 U.S.C. 2201 note). 
The revisions reflect the realignment of the Natural Resources 
Conservation Service (NRCS) from the Natural Resources and Environment 
(NRE) mission area to the new FPAC mission area, which also includes 
the Farm Service Agency (FSA) and Risk Management Agency (RMA). See SM 
1076-017 (May 11, 2017); 82 FR 22802-01 (May 18, 2017).
    The rule accordingly reassigns the delegations of authority related 
to natural resources and conservation previously delegated to the Under 
Secretary for NRE in Sec.  2.20 to the new Under Secretary for FPAC in 
Sec.  2.16. The delegations of authority to the Chief, NRCS previously 
located at Sec.  2.61 under Subpart J--Delegations of Authority by the 
Under Secretary for Natural Resources and Environment and adds them at 
Sec.  2.43 under the retitled Subpart F--Delegations of Authority by 
the Under Secretary for Farm Production and Conservation. This rule 
also adds a new delegation to the Administrator, FSA, through the Under 
Secretary for FPAC, to administer funds made available to the Secretary 
in the Further Supplemental Appropriations for Disaster Relief 
Requirements Act, 2018, Public Law 115-123, for expenses related to 
hurricanes and wildfires occurring in calendar year 2017.
    Throughout Part 2, references to the former Under Secretary for 
Farm and Foreign Agricultural Services are updated to refer either to 
the Under Secretary for FPAC or to the Under Secretary for TFAA, 
depending upon the context.

C. Rural Development

    This rule further revises the delegations to reflect that the Rural 
Development agencies receive delegations from the Secretary through the 
Assistant to the Secretary for Rural Development, rather than through 
the former position of Under Secretary for Rural Development. The rule 
also removes the delegations to the former position of Deputy Under 
Secretary of Agriculture. Throughout Part 2, the titles of Under 
Secretary for Rural Development and Under Secretary for Rural and 
Economic Development are updated to read ``Assistant to the Secretary 
for Rural Development.''
    The rule also incorporates a new delegation of authority to the 
Administrator of the Rural Utilities Service, through the Assistant to 
the Secretary for Rural Development, to issue waivers to the U.S. iron 
and steel requirements for the construction, alteration, maintenance, 
or repair of a public water or wastewater system in accordance with the 
authority granted to the Secretary under Section 746 of Division A of 
the Consolidated Appropriations Act, 2018, Public Law 115-141, and any 
subsequent appropriations acts.

[[Page 22178]]

D. Organic Cost Share Programs

    This rule also revises the delegations of authority to transfer the 
authority to administer USDA's two Organic Certification Cost Share 
Programs to the FSA Administrator. The authority to administer the 
Agricultural Management Assistance Organic Certification Cost Share 
Program, authorized under the Federal Crop Insurance Act (7 U.S.C. 
1524(b)(4)(C)(ii)), was previously delegated to the Under Secretary for 
Natural Resources and the Environment, and to the Chief, NRCS. This 
rule revises the delegations to transfer the authority to administer 
the program to the Administrator, FSA through the Under Secretary for 
FPAC. Similarly, the authority to administer the National Organic 
Certification Cost Share Program, authorized under the Farm Security 
and Rural Investment Act of 2002, as amended by the Agricultural Act of 
2014 (7 U.S.C. 6523), was previously delegated to the Administrator, 
Agricultural Marketing Service (AMS), through the Under Secretary for 
Marketing and Regulatory Programs. This rule revokes those delegations 
and transfers the responsibility for this program to the Administrator, 
FSA. See SM 1076-024 (Sept. 8, 2017) available at https://www.ocio.usda.gov/document/secretarys-memorandum-1076-024.

E. General Counsel

    The rule also amends the delegations of the General Counsel at 
Sec.  2.31 to require that settlement agreements above certain monetary 
thresholds be reviewed and concurred in by the Office of the General 
Counsel. See SM 1076-020 (Jan. 4, 2018) available at https://www.ocio.usda.gov/document/secretarys-memorandum-1076-020. The rule 
includes a conforming revision to the general delegations of authority 
to supervise and direct, located at Sec.  2.7.

F. Conforming Amendments

    In addition to the revisions outlined above, the rule updates the 
list of General Officers at Sec.  2.4 to include the Under Secretaries 
for TFAA and FPAC and the Assistant to the Secretary for RD, and 
removes obsolete titles. In addition, the rule updates cross-references 
to delegations for the former Under Secretary for FFAS and to the 
Administrator, FAS to reflect the new Under Secretary titles and CFR 
unit locations.

G. Commodity Credit Corporation

    This rule also amends part 1409, Meeting of the Board of Directors 
of Commodity Credit Corporation (CCC), by removing and reserving the 
part. The regulations in part 1409 were issued in 1977 pursuant to the 
Government in the Sunshine Act, which applied to the CCC because, at 
that time, the CCC was an agency ``headed by a collegial body composed 
of two or more individual members, a majority of whom are appointed to 
such position by the President with the advice and consent of the 
Senate, and any subdivision thereof authorized to act on behalf of the 
agency.'' See 5 U.S.C. 552b; 42 FR 14673 (Mar. 16, 1977). Under the CCC 
Charter Act, the Secretary is ex officio Chairman of a seven-member 
Board of Directors. 15 U.S.C. 714g(a). At the time part 1409 was 
issued, members of the CCC Board of Directors were appointed by the 
President, by and with the advice and consent of the Senate.
    After part 1409 took effect, the CCC Board was required to make its 
meeting open to public observation, though the rules included a process 
for holding closed meetings. See 7 CFR 1409.3, 1409.4, and 1409.5. 
During the time following the application of the open-meeting 
requirements, the CCC Board held meetings infrequently because of the 
inability, in the presence of the public, to discuss or take action on 
matters of a market-sensitive nature. Since 1999, the CCC Board of 
Directors has held only one meeting, in May 2003. See 68 FR 25317-01 
(May 12, 2003).
    The Presidential Appointment Efficiency and Streamlining Act of 
2011 amended the CCC Charter Act to remove the Senate confirmation 
requirement for Board members. Public Law 112-166, sec. 2(a)(3) (Aug. 
10, 2012). Accordingly, because the Government in the Sunshine Act no 
longer applies to the CCC Board of Directors, USDA is deleting the 
regulations at part 1409.

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 Orders 12866 and 13771. 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 2

    Authority delegations (Government agencies)

7 CFR Part 1409

    Sunshine Act

    Accordingly, under the authority of 7 U.S.C. 714b and as discussed 
in the preamble, 7 CFR parts 2 and 1409 are amended as follows:

PART 2--DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE 
AND GENERAL OFFICERS OF THE DEPARTMENT

0
1. 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.


0
2. In part 2, revise all references to ``Under Secretary for Rural 
Development'' and ``Under Secretary for Rural Economic and Community 
Development'' to read ``Assistant to the Secretary for Rural 
Development''.

Subpart A--General

0
3. Section 2.4 is revised 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 Production and 
Conservation; the Under Secretary for Food, Nutrition, and Consumer 
Services, the Under Secretary for Food Safety; the Under Secretary for 
Marketing and Regulatory Programs; the Under Secretary for Natural 
Resources and Environment; the Under Secretary for Research, Education, 
and Economics; the Under Secretary for Trade and Foreign Agricultural 
Affairs; the Assistant Secretary for Administration; the Assistant 
Secretary for Civil Rights; the Assistant Secretary for Congressional 
Relations; the Assistant to the Secretary for Rural Development; the 
Chief Economist; the Chief Financial Officer; the Chief Information 
Officer; the General Counsel; the Inspector General; the Judicial 
Officer; the Director, National Appeals Division; the Director, Office 
of Budget and Program Analysis; the Director, Office of Communications; 
the Director, Office of Small and Disadvantaged Business Utilization; 
and the Director, Office of Tribal Relations.

[[Page 22179]]

Subpart B--General Delegations of Authority by the Secretary of 
Agriculture

0
4. Amend Sec.  2.7 by revising the first sentence to read as follows:


Sec.  2.7  Authority to Supervise and Direct.

    Unless specifically reserved, or otherwise delegated (including 
delegations of legal functions to the General Counsel at Sec.  2.31), 
the delegations of authority to each general officer of the Department 
and each agency head contained in this part includes the authority to 
direct and supervise the employees engaged in the conduct of activities 
under such official's jurisdiction, and the authority to take any 
action, execute any document, authorize any expenditure, promulgate any 
rule, regulation, order, or instruction required by or authorized by 
law and deemed by the general officer or agency head to be necessary 
and proper to the discharge of his or her responsibilities. * * *

Subpart C--Delegations of Authority to the Deputy Secretary, Under 
Secretaries, and Assistant Secretaries

0
5. Amend Sec.  2.16 by:
0
a. Revising the section heading;
0
b. Revising paragraph (a) introductory text and (a)(1)(vi);
0
c. Adding paragraph (a)(1)(xi)
0
 d. Revising paragraphs (a)(1)(xxvi) and (xxxii);
0
c. Adding paragraphs (a)(1)(xxxvii) and (xxxviii); and
0
d. Revising paragraphs (a)(3) and (10) and (b)(2).
    The revisions and additions read as follows:


Sec.  2.16  Under Secretary for Farm Production and Conservation.

    (a) The following delegations of authority are made by the 
Secretary of Agriculture to the Under Secretary for Farm Production and 
Conservation:
    (1) * * *
    (vi) Conduct fiscal, accounting and claims functions relating to 
Commodity Credit Corporation (CCC) programs for which the Under 
Secretary for Farm Production and Conservation has been delegated 
authority.
* * * * *
    (xi) Administer the Organic Certification Cost Share Programs 
authorized under the Federal Crop Insurance Act (7 U.S.C. 
1524(b)(4)(C)(ii), and under the Farm Security and Rural Investment 
Act, as amended by the Agricultural Act of 2014 (7 U.S.C. 6523). 
[Reserved]
* * * * *
    (xxvi) Administer the following provisions of the Farm Security and 
Rural Investment Act of 2002 with respect to functions otherwise 
delegated to the Under Secretary for Farm Production and Conservation:
* * * * *
    (xxxii) Implement the authority in section 1241 of the Food 
Security Act of 1985 (16 U.S.C. 3841) to accept and use voluntary 
contributions of non-Federal funds in support of natural resources 
conservation programs under subtitle D of title XII of that Act with 
respect to authorities delegated to the Under Secretary for Farm 
Production and Conservation.
* * * * *
    (xxxvii) Administer the funds made available to the Office of the 
Secretary under Title I of Subdivision B, Further Supplemental 
Appropriations for Disaster Relief Requirements Act, 2018, Public Law 
115-123.
    (xxxviii) Determine the agricultural commodities acquired under 
price support programs which are available for export.
* * * * *
    (3) Related to natural resources conservation. (i) Provide national 
leadership in the conservation, development and productive use of the 
Nation's soil, water, and related resources. Such leadership 
encompasses soil, water, plant, and wildlife conservation; small 
watershed protection and flood prevention; and resource conservation 
and development. Integrated in these programs are erosion control, 
sediment reduction, pollution abatement, land use planning, multiple 
use, improvement of water quality, and several surveying and monitoring 
activities related to environmental improvement. All are designed to 
assure:
    (A) Quality in the natural resource base for sustained use;
    (B) Quality in the environment to provide attractive, convenient, 
and satisfying places to live, work, and play; and
    (C) Quality in the standard of living based on community 
improvement and adequate income.
    (ii) Provide national leadership in and evaluate and coordinate 
land use policy, and administer the Farmland Protection Policy Act (7 
U.S.C. 4201 et seq.), including the Farms for the Future Program 
authorized by sections 1465-1470 of the Food, Agriculture, 
Conservation, and Trade Act of 1990, as amended (7 U.S.C. 4201 note), 
except as otherwise delegated to the Under Secretary for Research, 
Education, and Economics in Sec.  2.21(a)(1)(lxii).
    (iii) Administer the basic program of soil and water conservation 
under Public Law 46, 74th Congress, as amended, and related laws (16 
U.S.C. 590 a-f, i-l, q, q-1; 42 U.S.C. 3271-3274; 7 U.S.C. 2201), 
including:
    (A) Technical and financial assistance to land users in carrying 
out locally adapted soil and water conservation programs primarily 
through soil and water conservation districts in the several States, 
the District of Columbia, the Commonwealth of Puerto Rico, and the 
Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the 
Virgin Islands, and Federally recognized Native American tribes, but 
also to communities, watershed groups, Federal and State agencies, and 
other cooperators. This authority includes such assistance as:
    (1) Comprehensive planning assistance in nonmetropolitan districts;
    (2) Assistance in the field of income-producing recreation on rural 
non-Federal lands;
    (3) Forestry assistance, as part of total technical assistance to 
private land owners and land users when such services are an integral 
part of land management and such services are not available from a 
State agency; and forestry services in connection with windbreaks and 
shelter belts to prevent wind and water erosion of lands;
    (4) Assistance in developing programs relating to natural beauty; 
and
    (5) Assistance to other USDA agencies in connection with the 
administration of their programs, as follows:
    (i) To the Farm Service Agency in the development and technical 
servicing of certain programs, such as the Agricultural Conservation 
Program and other such similar conservation programs;
    (ii) To the Rural Housing Service in connection with their loan and 
land disposition programs;
    (B) Soil Surveys, including:
    (1) Providing leadership for the Federal part of the National 
Cooperative Soil Survey which includes conducting and publishing soil 
surveys;
    (2) Conducting soil surveys for resource planning and development; 
and
    (3) Performing the cartographic services essential to carrying out 
the functions of the Natural Resources Conservation Service, including 
furnishing photographs, mosaics, and maps;
    (C) Conducting and coordinating snow surveys and making water 
supply forecasts pursuant to Reorganization Plan No. IV of 1940 (5 
U.S.C. App.);
    (D) Operating plant materials centers for the assembly and testing 
of plant

[[Page 22180]]

species in conservation programs, including the use, administration, 
and disposition of lands under the administration of the Natural 
Resources Conservation Service for such purposes under title III of the 
Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1011); and
    (E) Providing leadership in the inventorying and monitoring of 
soil, water, land, and related resources of the Nation.
    (iv) Administer the Watershed Protection and Flood Prevention 
Programs, including:
    (A) The eleven authorized watershed projects authorized under 33 
U.S.C. 702b-1;
    (B) The emergency flood control work under 33 U.S.C. 701b-1;
    (C) The Cooperative River Basin Surveys and Investigations Programs 
under 16 U.S.C. 1006;
    (D) The pilot watershed projects under 16 U.S.C. 590 a-f and 16 
U.S.C. 1001-1009;
    (E) The Watershed Protection and Flood Prevention Program under 16 
U.S.C. 1001-1010, including rehabilitation of water resource structural 
measures constructed under certain Department of Agriculture programs 
under 16 U.S.C. 1012, except for responsibilities assigned to the 
Assistant to the Secretary for Rural Development.
    (F) The joint investigations and surveys with the Department of the 
Army under 16 U.S.C. 1009; and
    (G) The Emergency Conservation Program and the Emergency Watershed 
Protection Program under sections 401-405 of the Agricultural Credit 
Act of 1978, 16 U.S.C. 2201-2205, except for the provisions of sections 
401 and 402, 16 U.S.C. 2201-2202, as administered by the Under 
Secretary for Farm Production and Conservation.
    (v) Administer the Great Plains Conservation Program and the 
Critical Lands Resources Conservation Program under 16 U.S.C. 590p(b), 
590q and 590q-3.
    (vi) Administer the Resource Conservation and Development Program 
under 16 U.S.C. 590 a-f; 7 U.S.C. 1010-1011; and 16 U.S.C. 3451-3461, 
except for responsibilities assigned to the Assistant to the Secretary 
for Rural Development.
    (vii) Responsibility for entering into long-term contracts for 
carrying out conservation and environmental measures in watershed 
areas.
    (viii) Provide national leadership for and administer the Soil and 
Water Resources Conservation Act of 1977 (16 U.S.C. 2001 et seq.).
    (ix) Administer the Rural Clean Water Program and other 
responsibilities assigned under section 35 of the Clean Water Act of 
1977 (33 U.S.C. 1251 et seq.).
    (x) Monitor actions and progress of USDA in complying with 
Executive Order 11988, Flood Plain Management, 3 CFR, 1977 Comp., p. 
117, and Executive Order 11990, Protection of Wetlands, 3 CFR, 1977 
Comp., p. 121, regarding management of floodplains and protection of 
wetlands; monitor USDA efforts on protection of important agricultural, 
forest and rangelands; and provide staff assistance to the USDA Natural 
Resources and Environment Committee.
    (xi) Administer the search and rescue operations authorized under 7 
U.S.C. 2273.
    (xii) Administer section 202(c) of the Colorado River Basin 
Salinity Control Act, 43 U.S.C. 1592(c), including:
    (A) Identify salt source areas and determine the salt load 
resulting from irrigation and watershed management practices;
    (B) Conduct salinity control studies of irrigated salt source 
areas;
    (C) Provide technical and financial assistance in the 
implementation of salinity control projects including the development 
of salinity control plans, technical services for application, and 
certification of practice applications;
    (D) Develop plans for implementing measures that will reduce the 
salt load of the Colorado River;
    (E) Develop and implement long-term monitoring and evaluation plans 
to measure and report progress and accomplishments in achieving program 
objectives; and
    (F) Enter into and administer contracts with program participants 
and waive cost-sharing requirements when such cost-sharing requirements 
would result in a failure to proceed with needed on-farm measures.
    (xiii) Except as otherwise delegated, administer natural resources 
conservation authorities, including authorities related to programs of 
the Commodity Credit Corporation that provide assistance with respect 
to natural resources conservation, under Title XII of the Food Security 
Act of 1985 (the Act), as amended (16 U.S.C. 3801 et seq.), including 
the following:
    (A) Technical assistance related to the conservation of highly 
erodible lands and wetlands pursuant to sections 1211-1223 of the Act 
(16 U.S.C. 3811-3823).
    (B) Technical assistance related to the Conservation Reserve 
Program authorized by sections 1231-1235A of the Act (16 U.S.C. 3831-
3835a).
    (C) The Wetlands Reserve Program and the Emergency Wetlands Reserve 
Program authorized by sections 1237-1237F of the Act (16 U.S.C. 3837-
3837f) and the Emergency Supplemental Appropriations for Relief from 
the Major, Widespread Flooding in the Midwest Act, Public Law 103-75.
    (D) The Conservation Security Program authorized by sections 1238-
1238C (16 U.S.C. 3838-3838c) and the Conservation Stewardship Program 
authorized by sections 1238D-1238G (16 U.S.C. 3838d-3838g).
    (E) The Farmland Protection Program authorized by sections 1238H-
1238I of the Act (16 U.S.C. 3838h-3838i).
    (F) The Farm Viability Program authorized by section 1238J of the 
Act (16 U.S.C. 3838j).
    (G) The Environmental Easement Program authorized by sections 1239-
1239D of the Act (16 U.S.C. 3839-3839d).
    (H) The Environmental Quality Incentives Program authorized by 
sections 1240-1240I of the Act (16 U.S.C. 3839aa-3839aa-9).
    (I) The conservation of private grazing lands authorized by section 
1240M of the Act (16 U.S.C. 3839bb).
    (J) The Wildlife Habitat Incentives Program authorized by section 
1240N of the Act (16 U.S.C. 3839bb-1).
    (K) The program for soil erosion and sedimentation control in the 
Great Lakes basin authorized by section 1240P of the Act (16 U.S.C. 
3839bb-3).
    (L) The delivery of technical assistance under section 1242 of the 
Act (16 U.S.C. 3842), including the approval of persons or entities 
outside of USDA to provide technical services.
    (M) The authority for partnerships and cooperation provided by 
section 1243 of the Act (16 U.S.C. 3843).
    (N) The incentives for certain farmers and ranchers and Indian 
tribes and the protection of certain proprietary information related to 
natural resources conservation programs as provided by section 1244 of 
the Act (16 U.S.C. 3844).
    (O) The Agriculture Conservation Experienced Services Program 
authorized by section 1252 of the Act (16 U.S.C. 3851).
    (P) The authority under sections 1261-1262 of the Act (16 U.S.C. 
3861-3862) to establish and utilize State Technical Committees.
    (Q) The Grassland Reserve Program under sections 1238N-1238Q of the 
Act (16 U.S.C. 3838n-3838q).
    (R) The authority in section 1241 of the Act (16 U.S.C. 3841) to 
accept and use voluntary contributions of non-Federal funds in support 
of natural resources conservation programs under subtitle D of title 
XII of the Act with

[[Page 22181]]

respect to authorities delegated to the Under Secretary for Farm 
Production and Conservation.
    (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)).
    (xiv) Approve and transmit to the Congress comprehensive river 
basin reports.
    (xv) Provide representation on the Water Resources Council and 
river basin commissions created by 42 U.S.C. 1962, and on river basin 
interagency committees.
    (xvii) Administer the Water Bank Program under the Water Bank Act 
(16 U.S.C. 1301 et seq.).
    (xviii) [Reserved]
    (xix) Coordinate USDA input and assistance to the Department of 
Commerce and other Federal agencies consistent with section 307 of the 
Coastal Zone Management Act of 1972 (16 U.S.C. 1456), and coordinate 
USDA review of qualifying state and local government coastal management 
plans or programs prepared under such Act and submitted to the 
Secretary of Commerce, consistent with section 306(a) and (c) of such 
Act (16 U.S.C. 1455(a) and (c)).
    (xx) Administer the Healthy Forests Reserve Program authorized by 
sections 501-508, Title V of the Healthy Forests Restoration Act of 
2003 (16 U.S.C. 6571-6578).
    (xxi) Implement the information disclosure authorities of section 
1619(b)(3)(A) of the Food, Conservation, and Energy Act of 2008 (7 
U.S.C. 8791(b)(3)(A)).
    (xxii) In coordination with the Director, Office of Advocacy and 
Outreach, issue receipts under section 2501A(e) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1(e)).
    (xxiii) Authorize employees of the Natural Resources Conservation 
Service to carry and use firearms for personal protection while 
conducting field work in remote locations in the performance of their 
official duties (7 U.S.C. 2274a).
    (xxiv) Conduct activities that assist the Chief Economist in 
developing guidelines regarding the development of environmental 
services markets.
    (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).
* * * * *
    (10) Carry out prize competition authorities in section 24 of the 
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) 
related to functions otherwise delegated to the Under Secretary for 
Farm Production and Conservation, except for authorities delegated to 
the Chief Financial Officer in Sec.  2.28(a)(29) and authorities 
reserved to the Secretary in paragraph (b)(4) of this section.
    (b) * * *
    (2) Related to natural resources conservation. Designation of new 
project areas in which the resource conservation and development 
program assistance will be provided.
* * * * *

0
6. Amend Sec.  2.17 by adding paragraph (a)(20)(xiv) to read as 
follows:


Sec.  2.17  Assistant to the Secretary for Rural Development.

    (a) * * *
    (20) * * *
    (xiv) Administer the authority under section 746 of Division A of 
the Consolidated Appropriations Act, 2018 (Pub. L. 115-141), and any 
successor provisions in subsequent appropriations acts, to issue 
waivers to the U.S. iron and steel requirements for the construction, 
alteration, maintenance, or repair of a public water or wastewater 
system.
* * * * *


Sec.  2.20   [Amended]

0
7. Amend Sec.  2.20 by removing and reserving paragraph (a)(3).


Sec.  2.22   [Amended]

0
8. Amend Sec.  2.22 by:
0
a. Revising all references to ``2.16(a)(3)(x)'' to read 
``2.26(a)(1)(x)'';
0
b. Revising all references to ``Under Secretary for Farm and Foreign 
Agricultural Services'' to read ``Under Secretary for Trade and Foreign 
Agricultural Affairs''; and
0
c. Removing and reserving paragraph (a)(1)(viii)(DDD).

0
9. Add Sec.  2.26 to read as follows:


Sec.  2.26   Under Secretary for Trade and Foreign Agricultural 
Affairs.

    (a) The following delegations of authority are made by the 
Secretary of Agriculture to the Under Secretary for Trade and Foreign 
Agricultural Affairs:
    (1) Related to foreign agriculture. (i) Coordinate the carrying out 
by Department agencies of their functions involving foreign 
agricultural policies and programs and their operations and activities 
in foreign areas. Act as liaison on these matters and functions 
relating to foreign agriculture between the Department of Agriculture 
and the Department of State, the United States Trade Representative, 
the Trade Policy Committee, the Agency for International Development, 
and other departments, agencies, and committees of the U.S. Government, 
foreign governments, the Organization for Economic Cooperation and 
Development, the European Union, the Food and Agriculture Organization 
of the United Nations, the International Bank for Reconstruction and 
Development, the Inter-American Development Bank, the Organization of 
American States, and other public and private U.S. and international 
organizations, and the contracting parties to the World Trade 
Organization (WTO).
    (ii) Administer Departmental programs concerned with development of 
foreign markets for agricultural products of the United States except 
functions relating to export marketing operations under section 32 of 
the Act of August 23, 1935, as amended (7 U.S.C. 612c), delegated to 
the Under Secretary for Marketing and Regulatory Programs, and 
utilization research delegated to the Under Secretary for Research, 
Education, and Economics.
    (iii) Conduct studies of worldwide production, trade, marketing, 
prices, consumption, and other factors affecting exports and imports of 
U.S. agricultural commodities; obtain information on methods used by 
other countries to move farm commodities in world trade on a 
competitive basis for use in the development of programs of this 
Department; provide information to domestic producers, the agricultural 
trade, the public and other interests; and promote normal commercial 
markets abroad. This delegation excludes basic and long-range analyses 
of world conditions and developments affecting supply, demand, and 
trade in farm products and general economic analyses of the 
international financial and monetary aspects of agricultural affairs as 
assigned to the Under Secretary for Research, Education, and Economics.
    (iv) Conduct functions of the Department relating to WTO, the Trade 
Expansion Act of 1962 (19 U.S.C. 1801 et seq.), the Trade Act of 1974 
(19 U.S.C. 2101 et seq.), the Trade Agreements Act of 1979 (19 U.S.C. 
2501 et seq.), the Omnibus Trade and Competition Act of 1988 (19 U.S.C. 
2901 et seq.), the provisions of subtitle B of title III of the North 
American Free Trade Agreement

[[Page 22182]]

Implementation Act, and other legislation affecting international 
agricultural trade including the programs designed to reduce foreign 
tariffs and other trade barriers.
    (v) Maintain a worldwide agricultural intelligence and reporting 
system, including provision for foreign agricultural representation 
abroad to protect and promote U.S. agricultural interests and to 
acquire information on demand, competition, marketing, and distribution 
of U.S. agricultural commodities abroad pursuant to title VI of the 
Agricultural Act of 1954, as amended (7 U.S.C. 1761-1768).
    (vi) Exercise the Department's functions with respect to the 
International Coffee Agreement or any such future agreement.
    (vii) Administer functions of the Department relating to import 
controls, except those functions reserved to the Secretary in paragraph 
(b) of this section and those relating to section 8e of the 
Agricultural Act of 1938 (7 U.S.C. 608e-1), as assigned to the Under 
Secretary for Marketing and Regulatory Programs. These include:
    (A) Functions under section 22 of the Agricultural Adjustment Act 
of 1933, as amended (7 U.S.C. 624);
    (B) General note 15(c) to the Harmonized Tariff Schedule of the 
United States (19 U.S.C. 1202);
    (C) Requests for emergency relief from duty-free imports of 
perishable products filed with the Department of Agriculture under 
section 213(f) of the Caribbean Basin Recovery Act of 1983 (19 U.S.C. 
2703(f));
    (D) Section 404 of the Trade and Tariff Act of 1984 (19 U.S.C. 2112 
note);
    (E) Section 204(d) of the Andean Trade Preference Act (19 U.S.C. 
3203(d));
    (F) Functions under sections 309 and 316 of the North American Free 
Trade Agreement Implementation Act (19 U.S.C. 3358 and 3381);
    (G) Section 301(a) of the United States-Canada Free Trade Agreement 
Implementation Act (19 U.S.C. 2112 note); and
    (H) Section 204 of the Agricultural Act of 1956, as amended (7 
U.S.C. 1854).
    (viii) Conduct Department activities to carry out the provisions of 
the Export Administration Act of 1979, as amended (50 U.S.C. Chapter 
56).
    (ix) Exercise the Department's responsibilities in connection with 
international negotiations of the Grains Trade Convention and in the 
administration of such Convention.
    (x) Plan and carry out programs and activities under the foreign 
market promotion authority of: The Wheat Research and Promotion Act (7 
U.S.C. 1292 note); the Cotton Research and Promotion Act (7 U.S.C. 
2101-2118); the Potato Research and Promotion Act (7 U.S.C. 2611-2627); 
the Egg Research and Consumer Information Act of 1974 (7 U.S.C. 2701-
2718); the Beef Research and Information Act, as amended (7 U.S.C. 
2901-2911); the Wheat and Wheat Foods Research and Nutrition Education 
Act (7 U.S.C. 3401-3417); the Floral Research and Consumer Information 
Act of 1981 (7 U.S.C. 4301-4319); subtitle B of title I of the Dairy 
and Tobacco Adjustment Act of 1983 (7 U.S.C. 4501-4514); the Honey 
Research, Promotion, and Consumer Information Act of 1984, as amended 
(7 U.S.C. 4601-4613); the Pork Promotion, Research, and Consumer 
Information Act of 1985 (7 U.S.C. 4801-4819); the Watermelon Research 
and Promotion Act, as amended (7 U.S.C. 4901-4916); the Pecan Promotion 
and Research Act of 1990 (7 U.S.C. 6001-6013); the Mushroom Promotion, 
Research, and Consumer Information Act of 1990 (7 U.S.C. 6101-6112); 
the Lime Research, Promotion, and Consumer Information Act of 1990 (7 
U.S.C. 6201-6212); the Soybean Promotion, Research, and Consumer 
Information Act of 1990 (7 U.S.C. 6301-6311); the Fluid Milk Promotion 
Act of 1990 (7 U.S.C. 6401-6417); the Fresh Cut Flowers and Fresh Cut 
Greens Promotion and Consumer Information Act (7 U.S.C. 6801-6814); the 
Sheep Promotion, Research, and Information Act of 1994 (7 U.S.C. 7101-
7111); the Commodity Promotion, Research, and Information Act of 1996 
(7 U.S.C. 7411-7425); the Canola and Rapeseed Research, Promotion, and 
Consumer Information Act (7 U.S.C. 7441-7452); the National Kiwifruit 
Research, Promotion, and Consumer Information Act (7 U.S.C. 7461-7473); 
and, the Popcorn Promotion, Research, and Consumer Information Act (7 
U.S.C. 7481-7491). This authority includes determining the programs and 
activities to be undertaken and assuring that they are coordinated with 
the overall departmental programs to develop foreign markets for U.S. 
agricultural products.
    (xi) Formulate policies and administer barter programs under which 
agricultural commodities are exported.
    (xii) Perform functions of the Department in connection with the 
development and implementation of agreements to finance the sale and 
exportation of agricultural commodities under the Food for Peace Act (7 
U.S.C. 1691, 1701 et seq.).
    (xiii) [Reserved]
    (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)-(xvi) [Reserved]
    (xvii) Carry out activities relating to the sale, reduction, or 
cancellation of debt, as authorized by title VI of the Agricultural 
Trade and Development Act of 1954, as amended (7 U.S.C. 1738 et seq.).
    (xviii) [Reserved]
    (xix) Allocate the agricultural commodities acquired under price 
support programs that have been determined by the Under Secretary for 
Farm Production and Conservation or designee to be available for export 
among the various export programs.
    (xx) Conduct economic analyses pertaining to the foreign sugar 
situation.
    (xxi) Exercise the Department's functions with respect to the 
International Sugar Agreement or any such future agreements.
    (xxii) Exercise the Department's responsibilities with respect to 
tariff-rate quotes for dairy products under chapter 4 of the Harmonized 
Tariff Schedule of the United States (19 U.S.C. 1202).
    (xxiii) Serve as a focal point for handling quality or weight 
discrepancy inquiries from foreign buyers of U.S. agricultural 
commodities to insure that they are investigated and receive a timely 
response and that reports thereof are made to appropriate parties and 
government officials in order that corrective action may be taken.
    (xxiv) Establish and administer regulations relating to foreign 
travel by employees of the Department. Regulations will include, but 
not be limited to, obtaining and controlling passports, obtaining 
visas, coordinating Department of State medical clearances and imposing 
requirements for itineraries and contacting the Foreign Agricultural 
Affairs Officers upon arrival in the Officers' country(ies) of 
responsibility.
    (xxv) Formulate policies and administer programs and activities 
authorized by the Agricultural Trade Act of 1978, as amended (7 U.S.C. 
5601 et seq.).
    (xxvi) Administer the Foreign Service personnel system for the 
Department in accordance with 22 U.S.C. 3922, except as otherwise 
delegated to the Under Secretary for Marketing and Regulatory Programs 
in Sec.  2.22(a)(2)(i), but including

[[Page 22183]]

authority to approve joint regulations issued by the Department of 
State and authority to represent the Department of Agriculture in all 
interagency consultations and negotiations with the other foreign 
affairs agencies with respect to joint regulations.
    (xxvii) Establish and maintain U.S. Agricultural Trade Offices, to 
develop, maintain and expand international markets for U.S. 
agricultural commodities in accordance with title IV of Public Law No. 
95-501 (7 U.S.C. 1765a-g).
    (xxviii) Administer the programs under section 416(b) of the 
Agricultural Act of 1949, as amended (7 U.S.C. 1431(b)), relating to 
the foreign donation of CCC stocks of agricultural commodities, except 
as otherwise delegated in Sec.  2.42(a)(43).
    (xxix) Support remote sensing activities of the Department and 
research with satellite imagery including:
    (A) Providing liaison with U.S. space programs;
    (B) Providing administrative management of the USDA Remote Sensing 
Archive and the transfer of satellite imagery to all USDA agencies;
    (C) Coordinating all agency satellite imagery data needs; and
    (D) Arranging for acquisition, and preparation of imagery for use 
to the extent of existing capabilities.
    (xxx) [Reserved]
    (xxxi) Administer programs under the Food for Progress Act of 1985 
(7 U.S.C. 1736o), except as otherwise delegated in Sec.  2.42(a)(43).
    (xxxii) Serve as Department adviser on policies, organizational 
arrangements, budgets, and actions to accomplish international 
scientific and technical cooperation in food and agriculture.
    (xxxiii) Administer and direct the Department's programs in 
international development, technical assistance, and training carried 
out under the Foreign Assistance Act, as amended, as requested under 
such act (22 U.S.C. 2151 et seq.).
    (xxxiv) Administer and coordinate assigned Departmental programs in 
international research and scientific and technical cooperation with 
other governmental agencies, land grant universities, international 
organizations, international agricultural research centers, and other 
organizations, institutions, or individuals (7 U.S.C. 1624, 3291).
    (xxxv) Direct and coordinate the Department's participation in 
scientific and technical matters and exchange agreements between the 
United States and other countries.
    (xxxvi) Direct and coordinate the Department's work with 
international organizations and interagency committees concerned with 
food and agricultural development programs (7 U.S.C. 2201-2202).
    (xxxvii) Coordinate policy formulation for USDA international 
science and technology programs concerning international agricultural 
research centers, international organizations, and international 
agricultural research and extension activities (7 U.S.C. 3291).
    (xxxviii) Disseminate, upon request, information on subjects 
connected with agriculture which has been acquired by USDA agencies 
that may be useful to the U.S. private sector in expanding foreign 
markets and investment opportunities through the operation of a 
Department information center, pursuant to 7 U.S.C. 2201.
    (xxxix) Enter into contracts, grants, cooperative agreements, and 
cost reimbursable agreements relating to agricultural research, 
extension, or teaching activities (7 U.S.C. 3318, 3319a).
    (xl) Determine amounts reimbursable for indirect costs under 
international agricultural programs and agreements (7 U.S.C. 3319).
    (xli) Administer the Cochran Fellowship Program (7 U.S.C. 3293).
    (xlii) Determine quantity trigger levels and impose additional 
duties under the special safeguard measures in accordance with U.S. 
note 2 to subchapter IV of chapter 99 of the Harmonized Tariff Schedule 
of the United States (19 U.S.C. 1202).
    (xliii) Implement provisions of the Trade Act of 1974 regarding 
adjustment assistance for farmers (19 U.S.C. 2401-2401g).
    (xliv) Implement section 3107 of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 1736o-1).
    (xlv) [Reserved]
    (xlvi) Implement section 3206 of the Food, Conservation, and Energy 
Act of 2008 (7 U.S.C. 1726c) regarding local and regional food aid 
procurement projects.
    (xlvii) Administer the Borlaug International Agricultural Science 
and Technology Fellowship Program (7 U.S.C. 3319j).
    (xlviii) [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), in coordination with the Under Secretary for 
Farm Production and Conservation.
    (B) Section 12315 relating to the Agriculture Wool Apparel 
Manufacturers Trust Fund (7 U.S.C. 7101 note), in coordination with the 
Under Secretary for Farm Production and Conservation.
    (2) [Reserved]
    (3) Administer responsibilities and functions assigned under the 
Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), and title 
VI of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5195 et seq.), concerning foreign agricultural 
intelligence and other foreign agricultural matters.
    (4) Carry out prize competition authorities in section 24 of the 
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) 
related to functions otherwise delegated to the Under Secretary for 
Trade and Foreign Agricultural Affairs, except for authorities 
delegated to the Chief Financial Officer in Sec.  2.28(a)(29) and 
authorities reserved to the Secretary in paragraph (b)(2) of this 
section.
    (5) Related to the U.S. Codex Office. (i) Inform the public of the 
sanitary and phytosanitary standard-setting activities of the Codex 
Alimentarius Commission (19 U.S.C. 2578; Pres. Proc. 6780).
    (ii) Enter into agreements with organizations, institutions or 
individuals throughout the world to conduct activities related to the 
sanitary and phytosanitary standard-setting activities of the Codex 
Alimentarius Commission, including international outreach and 
education, in order to promote and support the development of a viable 
and sustainable global agricultural system; antihunger and improved 
international nutrition efforts; and increased quantity, quality, and 
availability of food (7 U.S.C. 3291).
    (iii) Coordinate with institutions and other persons throughout the 
world performing agricultural and related research, extension, and 
teaching activities by exchanging research materials and results with 
such institutions or persons or by conducting with such institutions or 
persons joint or coordinated research, extension, or teaching 
activities that are related to the sanitary and phytosanitary standard-
setting activities of the Codex Alimentarius Commission and that 
address problems of significance to food and agriculture in the United 
States (7 U.S.C. 3291).
    (iv) Work with transitional and more advanced countries in food, 
agricultural, and related research, development, teaching, and 
extension activities related to the sanitary and phytosanitary 
standard-setting activities of the Codex

[[Page 22184]]

Alimentarius Commission (7 U.S.C. 3291).
    (v) Enter into contracts, grants, cooperative agreements, and cost 
reimbursable agreements to carry out the Department's agricultural 
research, extension, or teaching activities related to the sanitary and 
phytosanitary standard-setting activities of the Codex Alimentarius 
Commission (7 U.S.C. 3318, 3319a).
    (vi) Determine amounts reimbursable for indirect costs under 
international agricultural programs and agreements (7 U.S.C. 3319).
    (vii) Coordinate policy formulation for USDA international science 
and technology programs concerning the sanitary and phytosanitary 
standard-setting activities of the Codex Alimentarius Commission (7 
U.S.C. 3291).
    (b) The following authorities are reserved to the Secretary of 
Agriculture:
    (1) Related to foreign agriculture. (i) Approving export controls 
with respect to any agricultural commodity, including fats and oils or 
animal hides or skins as provided for in the Export Administration Act 
of 1969, as amended (50 U.S.C. App. 2401 et seq.).
    (ii) Advising the President that imports are having the effect on 
programs or operations of this Department required as a prerequisite 
for the imposition of import controls under section 22 of the 
Agricultural Adjustment Act of 1933, as amended (7 U.S.C. 624a), 
recommending that the President cause an investigation to be made by 
the Tariff Commission of the facts so that a determination can be made 
whether import restrictions should be imposed under that Act, and 
determining under section 204(e) of the Andean Trade Preference Act (19 
U.S.C. 3203(e)) that there exists a serious injury, or threat thereof 
and recommending to the President whether or not to take action.
    (iii) Determining the agricultural commodities and the quantities 
thereof available for disposition under the Food for Peace Act (7 
U.S.C. 1731).
    (2) Approval of prize competitions that may result in the award of 
more than $1,000,000 in cash prizes under section 24(m)(4)(B) of the 
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3719(m)(4)(B)).

Subpart D--Delegations of Authority to Other General Officers and 
Agency Heads

0
10. Amend Sec.  2.31 by revising paragraph (a)(18) and adding 
paragraphs (a)(19) and (20) to read as follows:


Sec.  2.31  General Counsel.

    (a) * * *
    (18) Conduct legal sufficiency reviews and concur before a proposed 
settlement offer is made to an opposing party for all informal and 
formal Equal Employment Opportunity (EEO), Office of Special Counsel 
(OSC), or Merit Systems Protection Board (MSPB) complaints that:
    (i) Require a payment of compensatory damages or attorney's fees 
resulting in costs to the Department totaling $50,000 or more; or
    (ii) Are brought by, or allege discriminatory conduct by, any 
political appointee; 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.
    (19) Review monetary settlement agreements of any dollar amount 
negotiated by USDA offices or agencies upon request except that legal 
sufficiency review conducted by and concurrence from the Office of the 
General Counsel is required prior to execution for all proposed 
settlement agreements negotiated by USDA offices or agencies totaling 
$500,000 or more, including attorney's fees. This required review is in 
addition to existing delegations of authority and processes for USDA 
offices' or agencies' processing of settlement agreements. This 
required review does not apply to:
    (i) Settlements pursuant to the Federal Tort Claims Act, which the 
Office of the General Counsel handles pursuant to paragraph (a)(1) of 
this section;
    (ii) Settlements for personnel matters, which the Office of the 
General Counsel handles pursuant to paragraph (a)(18) of this section;
    (iii) Settlement of contract claims, which contracting officers 
handle pursuant to the Contract Disputes Act (41 U.S.C. 601 et seq.) 
and Federal Acquisition Regulation (48 CFR parts 1 through 99); or
    (iv) Settlement of USDA offices' or agencies' debt collection 
actions.
    (20) Conduct legal sufficiency reviews and concur with all proposed 
agency contracts or other transactions to retain outside counsel or for 
the provision of legal services regardless of whether an agency has 
specific statutory authority to retain outside counsel or legal 
services. The following services do not require legal sufficiency 
review and concurrence from the Office of the General Counsel: 
Contracts for the provision of services in relation to USDA office's 
and agencies' Freedom of Information Act activities; contracts for the 
performance of trademark searches or other trademark or copyright 
related services; or contracts for the performance of patent 
prosecution or other related patent services.
* * * * *

Subpart F--Delegations of Authority by the Under Secretary for Farm 
Production and Conservation

0
11. The heading for subpart F is revised to read as set forth above.

0
12. Revise Sec.  2.40 to read as follows:


Sec.  2.40   Deputy Under Secretary for Farm Production and 
Conservation.

    Pursuant to Sec.  2.16(a), subject to reservations in Sec.  
2.16(b), and subject to policy guidance and direction by the Under 
Secretary, the following delegation of authority is made to the Deputy 
Under Secretary for Farm Production and Conservation, 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 Farm 
Production and Conservation: Provided, that this authority shall be 
exercised by the respective Deputy Under Secretary in the order in 
which he or she has taken office as a Deputy Under Secretary.

0
13. Amend Sec.  2.42 by:
0
a. Revising paragraph (a) introductory text;
0
b. Removing the citation ``Sec.  2.43'' and adding in its place the 
citation ``Sec.  2.601'' in paragraph (a)(7);
0
c. Removing the words ``Under Secretary for Farm and Foreign 
Agricultural Services'' and adding in their place the words ``Under 
Secretary for Trade and Foreign Agricultural Affairs'' in paragraph 
(a)(11);
0
d. Removing the words ``Under Secretary for Farm and Foreign 
Agricultural Services'' and adding in their place the words ``Under 
Secretary for Farm Production and Conservation'' in paragraph (a)(45);
0
e. Adding paragraphs (a)(60), (61), and (62); and
0
f. Removing the words ``Under Secretary for Farm and Foreign 
Agricultural Affairs'' and adding in their place the words ``Under 
Secretary for Farm Production and Conservation'' in paragraph (b) 
introductory text.
    The revisions and additions read as follows:


Sec.  2.42  Administrator, Farm Service Agency.

    (a) Delegations. Pursuant to Sec.  2.16(a)(1) and (2) and (a)(6) 
through

[[Page 22185]]

(8), subject to the reservations in Sec.  2.16(b)(1), the following 
delegations of authority are made by the Under Secretary for Farm 
Production and Conservation to the Administrator, Farm Service Agency:
* * * * *
    (60) Administer the funds made available to the Office of the 
Secretary under Title I of Subdivision B, Further Supplemental 
Appropriations for Disaster Relief Requirements Act, 2018, Public Law 
115-123.
    (61) Administer the Organic Certification Cost Share Programs 
authorized under the Federal Crop Insurance Act (7 U.S.C. 
1524(b)(4)(C)(ii), and under the Farm Security and Rural Investment 
Act, as amended by the Agricultural Act of 2014 (7 U.S.C. 6523).
    (62) Determine the agricultural commodities acquired under price 
support programs which are available for export.
* * * * *

0
14. Revise Sec.  2.43 to read as follows:


Sec.  2.43  Chief, Natural Resources and Conservation Service.

    (a) Delegations. Pursuant to Sec.  2.16(a)(3), subject to 
reservations in Sec.  2.16(b) of this chapter, the following 
delegations of authority are made by the Under Secretary for Farm 
Production and Conservation to the Chief of the Natural Resources 
Conservation Service:
    (1) Provide national leadership in the conservation, development 
and productive use of the Nation's soil, water, and related resources. 
Such leadership encompasses soil, water, plant, and wildlife 
conservation; small watershed protection and flood prevention; and 
resource conservation and development. Integrated in these programs are 
erosion control, sediment reduction, pollution abatement, land use 
planning, multiple use, improvement of water quality, and several 
surveying and monitoring activities related to environmental 
improvement. All are designed to assure:
    (i) Quality in the natural resource base for sustained use;
    (ii) Quality in the environment to provide attractive, convenient, 
and satisfying places to live, work, and play; and
    (iii) Quality in the standard of living based on community 
improvement and adequate income.
    (2) Provide national leadership in evaluating and coordinating land 
use policy, and administer the Farmland Protection Policy Act (7 U.S.C. 
4201 et seq.), including the Farms for the Future Program authorized by 
sections 1465-1470 of the Food, Agriculture, Conservation, and Trade 
Act of 1990 (7 U.S.C. 4201 note), except as otherwise delegated to the 
Administrator, Agricultural Research Service in Sec.  2.65(a)(80) and 
the Director, National Institute of Food and Agriculture in Sec.  
2.66(a)(76).
    (3) Administer the basic program of soil and water conservation 
under Public Law No. 46, 74th Congress, as amended, and related laws 
(16 U.S.C. 590a-f, 1-1, q, q-1; 42 U.S.C. 3271-3274; 7 U.S.C. 2201), 
including:
    (i) Technical and financial assistance to land users in carrying 
out locally adapted soil and water conservation programs primarily 
through soil and water conservation districts in the several States, 
the District of Columbia, the Commonwealth of Puerto Rico, and the 
Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the 
Virgin Islands, and Federally recognized Native American tribes, but 
also to communities, watershed groups, Federal and State agencies, and 
other cooperators. This authority includes such assistance as:
    (A) Comprehensive planning assistance in nonmetropolitan districts;
    (B) Assistance in the field of income-producing recreation on rural 
non-Federal lands;
    (C) Forestry assistance, as part of total technical assistance to 
private land owners and land users when such services are an integral 
part of land management and such services are not available from a 
State agency; and forestry services in connection with windbreaks and 
shelter belts to prevent wind and water erosion of lands;
    (D) Assistance in developing programs relating to natural beauty; 
and
    (E) Assistance to other USDA agencies in connection with the 
administration of their programs, as follows:
    (1) To the Farm Service Agency in the development and technical 
servicing of certain programs, such as the Agricultural Conservation 
Program and other such similar conservation programs;
    (2) To the Rural Housing Service in connection with their loan and 
land disposition programs.
    (ii) Soil Surveys, including:
    (A) Providing leadership for the Federal part of the National 
Cooperative Soil Survey which includes conducting and publishing soil 
surveys;
    (B) Conducting soil surveys for resource planning and development; 
and
    (C) Performing the cartographic services essential to carrying out 
the functions of the Natural Resources Conservation Service, including 
furnishing photographs, mosaics, and maps.
    (iii) Conducting and coordinating snow surveys and making water 
supply forecasts pursuant to Reorganization Plan No. IV of 1940 (5 
U.S.C. App.);
    (iv) Operating plant materials centers for the assembly and testing 
of plant species in conservation programs, including the use, 
administration, and disposition of lands under the administration of 
the Natural Resources Conservation Service for such purposes under 
title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1011); 
and
    (v) Providing leadership in the inventorying and monitoring of 
soil, water, land, and related resources of the Nation.
    (4) Administer the Watershed Protection and Flood Prevention 
Programs, including:
    (i) The eleven authorized watershed projects authorized under 33 
U.S.C. 702b-1, except for responsibilities assigned to the Forest 
Service;
    (ii) The emergency flood control work under 33 U.S.C. 701b-1, 
except for responsibilities assigned to the Forest Service;
    (iii) The Cooperative River Basin Surveys and Investigations 
Programs under 16 U.S.C. 1006, except for responsibilities assigned to 
the Forest Service;
    (iv) The pilot watershed projects under 16 U.S.C. 590a-f, and 16 
U.S.C. 1001-1009, except for responsibilities assigned to the Forest 
Service;
    (v) The Watershed Protection and Flood Prevention Program under 16 
U.S.C. 1001-1010, including rehabilitation of water resource structural 
measures constructed under certain Department of Agriculture programs 
under 16 U.S.C. 1012, except for responsibilities assigned to the Rural 
Housing Service and the Forest Service.
    (vi) The joint investigations and surveys with the Department of 
the Army under 16 U.S.C. 1009; and
    (vii) The Emergency Conservation Program and the Emergency 
Watershed Protection Program under sections 401-405 of the Agricultural 
Credit Act of 1978, 16 U.S.C. 2201-2205, except for the provisions of 
sections 401 and 402, 16 U.S.C. 2201-2202, as administered by the Farm 
Service Agency.
    (5) Administer the Great Plains Conservation Program and the 
Critical Lands Resources Conservation Program under 16 U.S.C. 590p(b).
    (6) Administer the Resource Conservation and Development Program 
under 16 U.S.C. 590a-f; 7 U.S.C. 1010-1011; and 16 U.S.C. 3451-3461, 
except

[[Page 22186]]

for responsibilities assigned to the Rural Utilities Service.
    (7) Responsibility for entering into long-term contracts for 
carrying out conservation and environmental measures in watershed 
areas.
    (8) Provide national leadership for and administer the Soil and 
Water Resources Conservation Act of 1977 (16 U.S.C. 2001 et seq.), 
except for responsibilities assigned to other USDA agencies.
    (9) Administer Rural Clean Water Program and other responsibilities 
assigned under section 35 of the Clean Water Act of 1977 (33 U.S.C. 
1251 et seq.).
    (10) Monitor actions and progress of USDA in complying with 
Executive Order 11988, Flood Plain Management, 3 CFR, 1977 Comp., p. 
117, and Executive Order 11990, Protection of Wetlands, 3 CFR, 1977 
Comp., p. 121, regarding management of floodplains and protection of 
wetlands; monitor USDA efforts on protection of important agricultural, 
forest and rangelands; and provide staff assistance to the USDA Natural 
Resources and Environment Committee.
    (11) Administer the search and rescue operations authorized under 7 
U.S.C. 2273.
    (12) Administer section 202(c) of the Colorado River Basin Salinity 
Control Act, 43 U.S.C. 1592(c) including:
    (i) Identify salt source areas and determine the salt load 
resulting from irrigation and watershed management practices;
    (ii) Conduct salinity control studies of irrigated salt source 
areas;
    (iii) Provide technical and financial assistance in the 
implementation of salinity control projects including the development 
of salinity control plans, technical services for application, and 
certification of practice applications;
    (iv) Develop plans for implementing measures that will reduce the 
salt load of the Colorado River;
    (v) Develop and implement long-term monitoring and evaluation plans 
to measure and report progress and accomplishments in achieving program 
objectives; and
    (vi) Enter into and administer contracts with program participants 
and waive cost-sharing requirements when such cost-sharing requirements 
would result in a failure to proceed with needed on-farm measures.
    (13) Administer natural resources conservation authorities, 
including authorities related to programs of the Commodity Credit 
Corporation that provide assistance with respect to natural resources 
conservation, under Title XII of the Food Security Act of 1985 (the 
Act), as amended (16 U.S.C. 3801 et seq.), including the following:
    (i) Technical assistance related to the conservation of highly 
erodible lands and wetlands pursuant to sections 1211-1223 of the Act 
(16 U.S.C. 3811-3823);
    (ii) Technical assistance related to the Conservation Reserve 
Program authorized by sections 1231-1235A of the Act (16 U.S.C. 3831-
3835a);
    (iii) The Wetlands Reserve Program and the Emergency Wetlands 
Reserve Program authorized by sections 1237-1237F of the Act (16 U.S.C. 
3837-3837f) and the Emergency Supplemental Appropriations for Relief 
from the Major, Widespread Flooding in the Midwest Act, Public Law 103-
75;
    (iv) The Conservation Security Program authorized by sections 1238-
1238C (16 U.S.C. 3838-3838c) and the Conservation Stewardship Program 
authorized by sections 1238D-1238G (16 U.S.C. 3838d-3838g).
    (v) The Farmland Protection Program authorized by sections 1238H-
1238I of the Act (16 U.S.C. 3838h-3838i);
    (vi) The Farm Viability Program authorized by section 1238J of the 
Act (16 U.S.C. 3838j);
    (vii) The Environmental Easement Program authorized by sections 
1239-1239D of the Act (16 U.S.C. 3839-3839d);
    (viii) The Environmental Quality Incentives Program authorized by 
sections 1240-1240I of the Act (16 U.S.C. 3839aa-3839aa-9);
    (ix) The conservation of private grazing lands authorized by 
section 1240M of the Act (16 U.S.C. 3839bb);
    (x) The Wildlife Habitat Incentives Program authorized by section 
1240N of the Act (16 U.S.C. 3839bb-1);
    (xi) The program for soil erosion and sedimentation control in the 
Great Lakes basin authorized by section 1240P of the Act (16 U.S.C. 
3839bb-3);
    (xii) The delivery of technical assistance under section 1242 of 
the Act (16 U.S.C. 3842), including the approval of persons or entities 
outside of USDA to provide technical services;
    (xiii) The authority for partnerships and cooperation provided by 
section 1243 of the Act (16 U.S.C. 3843); and
    (xiv) The incentives for certain farmers and ranchers and Indian 
tribes and the protection of certain proprietary information related to 
natural resources conservation programs as provided by section 1244 of 
the Act (16 U.S.C. 3844), except for responsibilities assigned to the 
Administrator, Farm Service Agency.
    (xv) The Agriculture Conservation Experienced Services Program 
authorized by section 1252 of the Act (16 U.S.C. 3851).
    (xvi) The authority under sections 1261-1262 of the Act (16 U.S.C. 
3861-3862) to establish and utilize State Technical Committees.
    (xvii) Those portions of the Grassland Reserve Program under 
sections 1238N-1238Q of the Act (16 U.S.C. 3838n-3838q) that are or 
become the responsibility of the Under Secretary for Farm Production 
and Conservation.
    (xviii) The authority in section 1241 of the Act (16 U.S.C. 3841) 
to accept and use voluntary contributions of non-Federal funds in 
support of natural resources conservation programs under subtitle D of 
title XII of the Act with respect to authorities delegated to the 
Chief, Natural Resources Conservation Service.
    (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)).
    (14) Approve and transmit to the Congress comprehensive river basin 
reports.
    (15) Provide representation on the Water Resources Council and 
river basin commissions created by 42 U.S.C. 1962, and on river basin 
interagency committees.
    (16) [Reserved]
    (17) Administer the Water Bank Program under the Water Bank Act (16 
U.S.C. 1301 et seq.).
    (18) Administer the agricultural management assistance provisions 
of section 524(b) of the Federal Crop Insurance Act, as amended (7 
U.S.C. 1524(b)), except for responsibilities assigned to the 
Administrator, Risk Management Agency, and to the Administrator, Farm 
Service Agency.
    (19) Administer the Healthy Forests Reserve Program authorized by 
sections 501-508, Title V of the Healthy Forests Restoration Act of 
2003 (16 U.S.C. 6571-6578).
    (20) Coordinate USDA input and assistance to the Department of 
Commerce and other Federal agencies consistent with section 307 of the 
Coastal Zone Management Act of 1972 (16 U.S.C. 1456), and coordinate 
USDA review of qualifying state and local government coastal management 
plans

[[Page 22187]]

or programs prepared under such Act and submitted to the Secretary of 
Commerce, consistent with section 306(a) and (c) of such Act (16 U.S.C. 
1455(a) and (c)).
    (21) Administer responsibilities and functions assigned under the 
Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et 
seq.), and title VI of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5195 et seq.), relating to 
agricultural lands and water.
    (22) Administer the Abandoned Mine Reclamation Program for Rural 
Lands and other responsibilities assigned under the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.), except 
for responsibilities assigned to the Forest Service.
    (23) With respect to land and facilities under his or her 
authority, to exercise the functions delegated to the Secretary by 
Executive Order 12580, 3 CFR, 1987 Comp., p. 193, under the following 
provisions of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (``the Act''), as amended:
    (i) Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a), 
(b), and (c)(4)), with respect to removal and remedial actions in the 
event of release or threatened release of a hazardous substance, 
pollutant, or contaminant into the environment;
    (ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604 (e)-(h)), with 
respect to information gathering and access requests and orders; 
compliance with Federal health and safety standards and wage and labor 
standards applicable to covered work; and emergency procurement powers;
    (iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with 
respect to the reduction of exposure to significant risk to human 
health;
    (iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to 
the acquisition of real property and interests in real property 
required to conduct a remedial action;
    (v) The first two sentences of section 105(d) of the Act (42 U.S.C. 
9605(d)), with respect to petitions for preliminary assessment of a 
release or threatened release;
    (vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to 
consideration of the availability of qualified minority firms in 
awarding contracts, but excluding that portion of section 105(f) of the 
Act pertaining to the annual report to Congress;
    (vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the 
assessment of civil penalties for violations of section 122 of the Act 
(42 U.S.C. 9622) and the granting of awards to individuals providing 
information;
    (viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect 
to the designation of officials who may obligate money in the Hazardous 
Substances Superfund;
    (ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to 
establishing an administrative record upon which to base the selection 
of a response action and identifying and notifying potentially 
responsible parties;
    (x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to 
preliminary assessment and site inspection of facilities;
    (xi) Section 117(a) and (c) of the Act (42 U.S.C. 9617(a) and (c)), 
with respect to public participation in the preparation of any plan for 
remedial action and explanation of variances from the final remedial 
action plan for any remedial action or enforcement action, including 
any settlement or consent decree entered into;
    (xii) Section 119 of the Act (42 U.S.C. 9619), with respect to 
indemnifying response action contractors;
    (xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to 
cleanup standards; and
    (xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to 
settlement, but excluding section 122(b)(1) of the Act (42 U.S.C. 
9633(b)(1)), related to mixed funding agreements.
    (24) With respect to facilities and activities under his or her 
authority, to exercise the authority of the Secretary of Agriculture 
pursuant to section 1-102 related to compliance with applicable 
pollution control standards and section 1-601 of Executive Order 12088, 
3 CFR, 1978 Comp., p. 243, to enter into an inter-agency agreement with 
the United States Environmental Protection Agency, or an administrative 
consent order or a consent judgment in an appropriate United States 
District Court with an appropriate State, interstate, or local agency, 
containing a plan and schedule to achieve and maintain compliance with 
applicable pollution control standards established pursuant to the 
following:
    (i) Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act, the Hazardous and Solid Waste 
Amendments, and the Federal Facility Compliance Act (42 U.S.C. 6901 et 
seq.);
    (ii) Federal Water Pollution Prevention and Control Act, as amended 
(33 U.S.C. 1251 et seq.);
    (iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.);
    (iv) Clean Air Act, as amended (42 U.S.C. 7401 et seq.);
    (v) Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq.);
    (vi) Toxic Substances Control Act, as amended, (15 U.S.C. 2601 et 
seq.);
    (vii) Federal Insecticide, Fungicide, and Rodenticide Act, as 
amended (7 U.S.C. 136 et seq.); and
    (viii) Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended by the Superfund Amendments and 
Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.).
    (25) Administer the following provisions of the Farm Security and 
Rural Investment Act of 2002 with respect to functions otherwise 
delegated to the Chief, Natural Resources Conservation Service:
    (i) The equitable relief provisions of section 1613 (7 U.S.C. 
7996); and
    (ii) The tracking of benefits under section 1614 (7 U.S.C. 7997).
    (26) Implement the information disclosure authorities of section 
1619(b)(3)(A) of the Food, Conservation, and Energy Act of 2008 (7 
U.S.C. 8791(b)(3)(A)).
    (27) In coordination with the Director, Office of Advocacy and 
Outreach, issue receipts under section 2501A(e) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1(e)).
    (28) Authorize employees of the Natural Resources Conservation 
Service to carry and use firearms for personal protection while 
conducting field work in remote locations in the performance of their 
official duties (7 U.S.C. 2274a).
    (29) Conduct activities that assist the Director, Office of 
Environmental Markets, in developing guidelines regarding the 
development of environmental services markets.
    (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).
    (b) Reservations. The following authorities are reserved to the 
Under Secretary for Farm Production and Conservation:
    (1) Executing cooperative agreements and memoranda of understanding 
for multi-agency cooperation with conservation districts and other 
districts organized for soil and water conservation within States, 
territories, possessions, and American Indian Nations.
    (2) Approving additions to authorized Resource Conservation and 
Development Projects that designate new project areas in which resource 
conservation and development program assistance will be provided, and 
withdrawing authorization for assistance, pursuant to 16 U.S.C. 590a-

[[Page 22188]]

f; 7 U.S.C. 1010-1011; 16 U.S.C. 3451-3461.
    (3) Giving final approval to and transmitting to the Congress 
watershed work plans that require congressional approval.


Sec.  2.44  [Amended]

0
15. Amend Sec.  2.44 in paragraph (a) introductory text by removing the 
words ``Under Secretary for Farm and Foreign Agricultural Services'' 
and adding in their place the words ``Under Secretary for Farm 
Production and Conservation''.

Subpart G--Delegations of Authority by the Assistant to the 
Secretary for Rural Development

0
16. The heading for subpart G is revised to read as set forth above.


Sec.  2.45  [Removed and Reserved]

0
17. Remove and reserve Sec.  2.45.

0
18. Amend Sec.  2.47 by adding paragraph (a)(19) to read as follows:


Sec.  2.47  Administrator, Rural Utilities Service.

    (a) * * *
    (19) Administer the authority under Sec. 746 of Division A of the 
Consolidated Appropriations Act, 2018 (Pub. L. 115-141), and any 
successor provisions in subsequent appropriations acts, to issue 
waivers to the U.S. iron and steel requirements for the construction, 
alteration, maintenance, or repair of a public water or wastewater 
system.
* * * * *

Subpart J--Delegations of Authority by the Under Secretary for 
Natural Resources and Environment


Sec.  2.61  [Removed and Reserved]

0
19. Remove and reserve Sec.  2.61.

Subpart N--Delegations of Authority by the Under Secretary for 
Marketing and Regulatory Programs


Sec.  2.79  [Amended]

0
20. Amend Sec.  2.79 by removing and reserving paragraph (a)(8)(lxiv).

0
21. Add Subpart U, consisting of Sec. Sec.  2.600 through 2.602, to 
read as follows:

Subpart U--Delegations of Authority by the Under Secretary for 
Trade and Foreign Agricultural Affairs

Sec.
2.600 Deputy Under Secretary for Trade and Foreign Agricultural 
Affairs.
2.601 Administrator, Foreign Agricultural Service.
2.602 Manager, U.S. Codex Office.


Sec.  2.600  Deputy Under Secretary for Trade and Foreign Agricultural 
Affairs.

    Pursuant to Sec.  2.26(a), subject to reservations in Sec.  
2.26(b), and subject to policy guidance and direction by the Under 
Secretary, the following delegation of authority is made to the Deputy 
Under Secretary for Trade and Foreign Agricultural Affairs, if 
appointed, 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 Trade and Foreign Agricultural Affairs: Provided, that 
this authority shall be exercised by the respective Deputy Under 
Secretary in the order in which he or she has taken office as a Deputy 
Under Secretary.


Sec.  2.601  Administrator, Foreign Agricultural Service.

    (a) Delegations. Pursuant to Sec.  2.26(a)(1) and (3), subject to 
reservations in Sec.  2.26(b), the following delegations of authority 
are made by the Under Secretary for Trade and Foreign Agricultural 
Affairs to the Administrator, Foreign Agricultural Service:
    (1) Coordinate the carrying out by Department agencies of their 
functions involving foreign agriculture policies and programs and their 
operations and activities in foreign areas. Act as liaison on these 
matters and functions relating to foreign agriculture between the 
Department of Agriculture and the Department of State, the United 
States Trade Representative, the Trade Policy Committee, the Agency for 
International Development and other departments, agencies and 
committees of the U.S. Government, foreign governments, the 
Organization for Economic Cooperation and Development, the European 
Union, the Food and Agriculture Organization of the United Nations, the 
International Bank for Reconstruction and Development, the Inter-
American Development Bank, the Organization of American States, and 
other public and private United States and international organizations, 
and the contracting parties to the World Trade Organization (WTO).
    (2) Conduct functions of the Department relating to WTO, the Trade 
Expansion Act of 1962 (19 U.S.C. 1801 et seq.), the Trade Act of 1974 
(19 U.S.C. 2101 et seq.), the Trade Agreements Act of 1979 (19 U.S.C. 
2501 et seq.), the Omnibus Trade and Competition Act of 1988 (19 U.S.C. 
2901 et seq.), the provisions of subtitle B of title III of the North 
American Free Trade Agreement Implementation Act (except the provisions 
concerning the end-use certificate system authorized pursuant to 
section 321(f) of that Act (19 U.S.C. 3391(f)) delegated to the 
Administrator, Farm Service Agency), and other legislation affecting 
international agricultural trade including the programs designed to 
reduce foreign tariffs and other trade barriers.
    (3) Conduct studies of worldwide production, trade, marketing, 
prices, consumption, and other factors affecting exports and imports of 
U.S. agricultural commodities; obtain information on methods used by 
other countries to move farm commodities in world trade on a 
competitive basis for use in the development of programs of this 
Department; provide information to domestic producers, the agricultural 
trade, the public and other interests; and promote normal commercial 
markets abroad. This delegation excludes basic and long-range analyses 
of world conditions and developments affecting supply, demand, and 
trade in farm products and general economic analyses of the 
international financial and monetary aspects of agricultural affairs as 
assigned to the Under Secretary for Research, Education, and Economics.
    (4) Administer Departmental programs concerned with development of 
foreign markets for agricultural products of the United States except 
functions relating to export marketing operations under section 32, of 
the Act of August 23, 1935, as amended (7 U.S.C. 612c), delegated to 
the Under Secretary for Marketing and Regulatory Programs, and 
utilization research delegated to the Under Secretary for Research, 
Education, and Economics.
    (5) Exercise the Department's functions with respect to the 
International Coffee Agreement or any such future agreement.
    (6) Administer functions of the Department relating to import 
controls including, among others, functions under section 22 of the 
Agricultural Adjustment Act of 1933, as amended (7 U.S.C. 624), the 
Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), and 
section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854) 
but not including those functions reserved to the Secretary under Sec.  
2.16(b)(2) and those relating to section 8e of the Agricultural 
Adjustment Act of 1933, as amended (7 U.S.C. 608e-1), as assigned to 
the Under Secretary for Marketing and Regulatory Programs.
    (7) Conduct Department activities to carry out the provisions of 
the Export Administration Act of 1979, as amended (50 U.S.C. Chapter 
56).

[[Page 22189]]

    (8) Exercise the Department's responsibilities in connection with 
international negotiations of the Grains Trade Convention and in the 
administration of such Convention.
    (9) Administer responsibilities and functions assigned under the 
Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et 
seq.), and title VI of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5195 et seq.), concerning foreign 
agricultural intelligence and other foreign agricultural matters.
    (10) Conduct economic analyses pertaining to the foreign sugar 
situation.
    (11) Exercise the Department's functions with respect to the 
International Sugar Agreement or any such future agreements.
    (12) Exercise the Department's responsibilities with respect to 
tariff-rate quotes for dairy products under chapter 4 of the Harmonized 
Tariff Schedule of the United States (19 U.S.C. 1202).
    (13) Serve as a focal point for handling quality or weight 
discrepancy inquiries from foreign buyers of U.S. agricultural 
commodities to insure that they are investigated and receive a timely 
response and that reports thereof are made to appropriate parties and 
government officials in order that corrective action may be taken.
    (14) Formulate policies and administer programs and activities 
authorized by the Agricultural Trade Act of 1978, as amended (7 U.S.C. 
5601 et seq.).
    (15) Formulate policies and administer barter programs under which 
agricultural commodities are exported.
    (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 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)-(19) [Reserved]
    (20) Carry out activities relating to the sale, reduction, or 
cancellation of debt, as authorized by title VI of the Agricultural 
Trade and Development Act of 1954, as amended (7 U.S.C. 1738 et seq.).
    (21) [Reserved]
    (22) Allocate the agricultural commodities acquired under price 
support programs that have been determined by the FSA Administrator to 
be available for export among the various export programs.
    (23) Maintain a worldwide agricultural intelligence and reporting 
system, including provision for foreign agricultural representation 
abroad to protect and promote U.S. agricultural interests and to 
acquire information on demand, competition, marketing, and distribution 
of U.S. agricultural commodities abroad pursuant to title VI of the 
Agricultural Act of 1954, as amended (7 U.S.C. 1761-1768).
    (24) Plan and carry out programs and activities under the foreign 
market promotion authority of: The Wheat Research and Promotion Act (7 
U.S.C. 1292 note); the Cotton Research and Promotion Act (7 U.S.C. 
2101-2118); the Potato Research and Promotion Act (7 U.S.C. 2611-2627); 
the Egg Research and Consumer Information Act of 1974 (7 U.S.C. 2701-
2718); the Beef Research and Information Act, as amended (7 U.S.C. 
2901-2911); the Wheat and Wheat Foods Research and Nutrition Education 
Act (7 U.S.C. 3401-3417); the Floral Research and Consumer Information 
Act of 1981 (7 U.S.C. 4301-4319); subtitle B of title I of the Dairy 
and Tobacco Adjustment Act of 1983 (7 U.S.C. 4501-4514); the Honey 
Research, Promotion, and Consumer Information Act of 1984, as amended 
(7 U.S.C. 4601-4613); the Pork Promotion, Research, and Consumer 
Information Act of 1985 (7 U.S.C. 4801-4819); the Watermelon Research 
and Promotion Act, as amended (7 U.S.C. 4901-4916); the Pecan Promotion 
and Research Act of 1990 (7 U.S.C. 6001-6013); the Mushroom Promotion, 
Research, and Consumer Information Act of 1990 (7 U.S.C. 6101-6112); 
the Lime Research, Promotion, and Consumer Information Act of 1990 (7 
U.S.C. 6201-6212); the Soybean Promotion, Research, and Consumer 
Information Act of 1990 (7 U.S.C. 6301-6311); the Fluid Milk Promotion 
Act of 1990 (7 U.S.C. 6401-6417); the Fresh Cut Flowers and Fresh Cut 
Greens Promotion and Consumer Information Act (7 U.S.C. 6801-6814); the 
Sheep Promotion, Research, and Information Act of 1994 (7 U.S.C. 7101-
7111); the Commodity Promotion, Research, and Information Act of 1996 
(7 U.S.C. 7411-7425); the Canola and Rapeseed Research, Promotion, and 
Consumer Information Act (7 U.S.C. 7441-7452); the National Kiwifruit 
Research, Promotion, and Consumer Information Act (7 U.S.C. 7461-7473); 
and, the Popcorn Promotion, Research, and Consumer Information Act (7 
U.S.C. 7481-7491). This authority includes determining the programs and 
activities to be undertaken and assuring that they are coordinated with 
the overall departmental programs to develop foreign markets for U.S. 
agricultural products.
    (25) Establish and administer regulations relating to foreign 
travel by employees of the Department. Regulations will include, but 
not be limited to, obtaining and controlling passports, obtaining 
visas, coordinating Department of State medical clearances and imposing 
requirements for itineraries and contacting the Foreign Agricultural 
Affairs Officers upon arrival in the Officers' country(ies) of 
responsibility.
    (26) Administer the Foreign Service personnel system for the 
Department in accordance with 22 U.S.C. 3922, except as otherwise 
delegated in Sec.  2.80(a)(1), but including authority to represent the 
Department of Agriculture in all interagency consultations and 
negotiations with the other foreign affairs agencies with respect to 
joint regulations and authority to approve joint regulations issued by 
the Department of State relating to the administration of the Foreign 
Service.
    (27) Establish and maintain U.S. Agricultural Trade Offices to 
develop, maintain and expand international markets for U.S. 
agricultural commodities in accordance with title IV of Public Law No. 
95-501 (7 U.S.C. 1765a-g).
    (28) Administer the programs under section 416(b) of the 
Agricultural Act of 1949, as amended (7 U.S.C. 1431(b)), relating to 
the foreign donation of CCC stocks of agricultural commodities, except 
as otherwise delegated in Sec.  2.42(a)(43).
    (29)-(30) [Reserved]
    (31) Administer programs under the Food for Progress Act of 1985 (7 
U.S.C. 1736o), except as otherwise delegated in Sec.  2.42(a)(43).
    (32) Serve as Department adviser on policies, organizational 
arrangements, budgets, and actions to accomplish international 
scientific and technical cooperation in food and agriculture.
    (33) Administer and direct the Department's programs in 
international development, technical assistance, and training carried 
out under the Foreign Assistance Act, as amended, as requested under 
such act (22 U.S.C. 2151 et seq.).
    (34) Administer and coordinate assigned Departmental programs in 
international research and scientific and

[[Page 22190]]

technical cooperation with other governmental agencies, land grant 
universities, international organizations, international agricultural 
research centers, and other organizations, institutions, or individuals 
(7 U.S.C. 1624, 3291).
    (35) Direct and coordinate the Department's participation in 
scientific and technical matters and exchange agreements between the 
United States and other countries.
    (36) Direct and coordinate the Department's work with international 
organizations and interagency committees concerned with food and 
agricultural development programs (7 U.S.C. 2201 and 2202).
    (37) Coordinate policy formulation for USDA international science 
and technology programs concerning international agricultural research 
centers, international organizations, and international agricultural 
research and extension activities (7 U.S.C. 3291).
    (38) Disseminate, upon request, information on subjects connected 
with agriculture which has been acquired by USDA agencies that may be 
useful to the U.S. private sector in expanding foreign markets and 
investment opportunities through the operation of a Department 
information center, pursuant to 7 U.S.C. 2201.
    (39) Enter into contracts, grants, cooperative agreements, and cost 
reimbursable agreements relating to agricultural research, extension, 
or teaching activities (7 U.S.C. 3318, 3319a).
    (40) Determine amounts reimbursable for indirect costs under 
international agricultural programs and agreements (7 U.S.C. 3319).
    (41) Administer the Cochran Fellowship Program (7 U.S.C. 3293).
    (42) Determine quantity trigger levels and impose additional duties 
under the special safeguard measures in accordance with U.S. note 2 to 
subchapter IV of chapter 99 of the Harmonized Tariff Schedule of the 
United States (19 U.S.C. 1202).
    (43) Implement provisions of the Trade Act of 1974 regarding 
adjustment assistance for farmers. (19 U.S.C. 2401-2401g).
    (44) Implement section 3107 of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 1736o-1).
    (45) Support remote sensing activities of the Department and 
research with satellite imagery including:
    (i) Providing liaison with U.S. space programs;
    (ii) Providing administrative management of the USDA Remote Sensing 
Archive and the transfer of satellite imagery to all USDA agencies;
    (iii) Coordinating all agency satellite imagery data needs; and
    (iv) Arranging for acquisition, and preparation of imagery for use 
to the extent of existing capabilities.
    (46) [Reserved]
    (47) Implement section 3206 of the Food, Conservation, and Energy 
Act of 2008 (7 U.S.C. 1726c) regarding local and regional food aid 
procurement projects.
    (48) Administer the Borlaug International Agricultural Science and 
Technology Fellowship Program (7 U.S.C. 3319j).
    (49) [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.
    (b) [Reserved]


Sec.  2.602  Manager, U.S. Codex Office.

    (a) Delegations. Pursuant to Sec.  2.26(a)(5), subject to 
reservations in Sec.  2.26(b), the following delegations of authority 
are made by the Under Secretary for Trade and Foreign Agricultural 
Affairs.
    (i) Inform the public of the sanitary and phytosanitary standard-
setting activities of the Codex Alimentarius Commission (19 U.S.C. 
2578; Pres. Proc. 6780).
    (ii) Enter into agreements with organizations, institutions or 
individuals throughout the world to conduct activities related to the 
sanitary and phytosanitary standard-setting activities of the Codex 
Alimentarius Commission, including international outreach and 
education, in order to promote and support the development of a viable 
and sustainable global agricultural system; antihunger and improved 
international nutrition efforts; and increased quantity, quality, and 
availability of food (7 U.S.C. 3291).
    (iii) Coordinate with institutions and other persons throughout the 
world performing agricultural and related research, extension, and 
teaching activities by exchanging research materials and results with 
such institutions or persons or by conducting with such institutions or 
persons joint or coordinated research, extension, or teaching 
activities that are related to the sanitary and phytosanitary standard-
setting activities of the Codex Alimentarius Commission and that 
address problems of significance to food and agriculture in the United 
States (7 U.S.C. 3291).
    (iv) Work with transitional and more advanced countries in food, 
agricultural, and related research, development, teaching, and 
extension activities related to the sanitary and phytosanitary 
standard-setting activities of the Codex Alimentarius Commission (7 
U.S.C. 3291).
    (v) Enter into contracts, grants, cooperative agreements, and cost 
reimbursable agreements to carry out the Department's agricultural 
research, extension, or teaching activities related to the sanitary and 
phytosanitary standard-setting activities of the Codex Alimentarius 
Commission (7 U.S.C. 3318, 3319a).
    (vi) Determine amounts reimbursable for indirect costs under 
international agricultural programs and agreements (7 U.S.C. 3319).
    (vii) Coordinate policy formulation for USDA international science 
and technology programs concerning the sanitary and phytosanitary 
standard-setting activities of the Codex Alimentarius Commission (7 
U.S.C. 3291).
    (b) [Reserved]

PART 1409--[REMOVED AND RESERVED]

0
22. Remove and reserve part 1409.

    Dated: May 7, 2018.
Sonny Perdue,
Secretary of Agriculture.
[FR Doc. 2018-10133 Filed 5-11-18; 8:45 am]
 BILLING CODE 3410-90-P