Revision of Delegations of Authority, 61309-61318 [2018-25443]

Agencies

• DEPARTMENT OF AGRICULTURE
• Office of the Secretary

[Federal Register Volume 83, Number 230 (Thursday, November 29, 2018)]
[Rules and Regulations]
[Pages 61309-61318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25443]



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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. 

========================================================================


Federal Register / Vol. 83, No. 230 / Thursday, November 29, 2018 / 
Rules and Regulations

[[Page 61309]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 2

RIN 0503-AA63


Revision of Delegations of Authority

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.

DATES: Effective November 29, 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.

Overview of Changes

A. Departmental Administration

    Throughout part 2, this rule revises references to ``Departmental 
Management'' to read ``Departmental Administration'' to reflect the 
renaming of the former Departmental Management mission area, which 
reports to the Assistant Secretary for Administration. See Secretary's 
Memorandum (SM) 1076-022 (Feb. 2, 2018), available at https://www.ocio.usda.gov/sites/default/files/docs/2012/SM1076-22_DA_Reorg_20180202.pdf.
    In addition, the rule revises the delegations in part 2 to reflect 
the reorganization of the former Office of Procurement and Property 
Management (OPPM). The Director of the new Office of Contracting and 
Procurement (OCP) will receive the delegations of authority related to 
contracting and procurement activities formerly delegated by the 
Assistant Secretary of Administration to the Director of OPPM. The 
delegations of authority concerning real and personal property, fleet, 
and materials management that were formerly delegated by the Assistant 
Secretary for Administration to the Director of OPPM are now delegated 
to the Director of the newly established Office of Property and Fleet 
Management.
    The rule further revises the delegations of authority to the Chief 
Information Officer (CIO) and to the Director of the Office of the 
Executive Secretariat (OES) at Sec.  2.97 to reflect that the authority 
to ``Administer the Departmental records, forms, reports and Directives 
Management Programs'' has been transferred from OCIO to OES.
    Throughout part 2, this rule changes the name of the ``Office of 
Homeland Security and Emergency Coordination'' to the ``Office of 
Homeland Security,'' and makes changes to the delegations of authority 
to the Director of OHS, including transferring responsibility for USDA 
response efforts under the Oil Pollution Act of 1990 from OHS to the 
Office of Property and Fleet Management.

B. Mission Area Business Centers

    Pursuant to Secretary's Memorandum 1076-018, this rule establishes 
new delegations of authority for the Chief Operating Officer of the 
Farm Production and Conservation (FPAC) Business Center to reflect the 
consolidation of management support functions for the agencies of the 
FPAC mission area. The rule also revokes certain delegations of 
authority to the Administrator of the Farm Service Agency (FSA) that 
have been transferred to the FPAC Business Center as part of this 
consolidation of functions.
    Similarly, the rule establishes new delegations for the Chief 
Operating Officer of the Rural Development (RD) Business Center to 
reflect the consolidation of management support functions for the RD 
agencies, and revokes certain delegations of authority to the 
Administrators of the Rural Utilities Service (RUS), Rural Business-
Cooperative Service (RBS), and Rural Housing Service (RHS) related to 
environmental laws that have been transferred to the RD Business 
Center. In addition, the rule revokes the published delegation of 
authority to the RHS Administrator to collect, service and liquidate 
RHS loans, and redelegates these loan servicing functions for the RHS 
single family housing loan programs to the RD Business Center. The 
Assistant to the Secretary for RD also may transfer loan servicing for 
other RHS programs (e.g., Multifamily Housing, Community Facilities) 
and for RUS and RBS to the RD Business Center in the future. To provide 
flexibility as the RD Business Center grows, the Assistant to the 
Secretary for RD will issue written delegations of authority for other 
RD loan servicing functions as necessary.
    The management support functions for the agencies comprising the 
Research, Education, and Economics (REE) mission area have long been 
consolidated in an Administrative and Financial Management office 
organizationally located in the Agricultural Research Service (ARS). 
This rules updates the existing delegation to the Administrator of ARS 
to add information technology services to the management support 
services that the business center in ARS provides to all REE agencies 
on a reimbursable basis.
    Similarly, the management support functions for the agencies in the 
Marketing and Regulatory Programs mission area have long been 
consolidated in a business center residing in the Animal and Plant 
Health Inspection Service (APHIS). This rule updates the existing 
delegation of authority to the Administrator of APHIS to add 
information technology services to the consolidated management support 
functions provided by APHIS to AMS on a reimbursable basis.
    This rule further revises the delegations of authority to the Chief 
Information Officer to reflect that each mission area, rather than each 
agency, has one Chief Information Officer. See SM 1076-18 (Nov. 14, 
2017), at https://www.ocio.usda.gov/sites/default/files/docs/2012/SM%201076-18.pdf.

C. Office of Partnerships and Public Engagement

    The rule also revises the delegations to recognize the 
establishment of the Office of Partnerships and Public Engagement 
(OPPE), which now oversees the Office of Advocacy and Outreach (OAO), 
the Office of Tribal

[[Page 61310]]

Relations (OTR), the Military Veterans Agricultural Liaison, the Center 
for Faith-Based and Neighborhood Partnerships, and certain youth and 
other public-facing initiatives of the Department. See SM 1076-018 
(Nov. 14, 2017), available at https://www.ocio.usda.gov/document/secretarys-memorandum-1076-018. The rule revokes the obsolete 
delegations of authority by the Secretary to the ASA related to OAO and 
OTR. The delegations of authority to the Director of OAO and to the 
Director of OTR that were formerly published as delegations by the ASA 
are now located in a new subpart V as delegations by the Director of 
OPPE. The Director of OTR continues to advise the Secretary on matters 
of policy related to Indian tribes in accordance with 7 U.S.C. 6921, 
and to serve as the point of contact in accessing Department-wide 
information regarding tribal issues.

D. Grain Inspection, Packers and Stockyards Administration, U.S. 
Warehouse Act, and Commodity Procurement

    This rule also revises the delegations of authority to reflect the 
elimination of the Grain Inspection, Packers, and Stockyards 
Administration (GIPSA) as a stand-alone agency, and the transfer of the 
former GIPSA delegations to the AMS Administrator. This rule further 
transfers to the AMS Administrator the responsibility to administer the 
U.S. Warehouse Act (7 U.S.C. 241-273), which was formerly delegated to 
the FSA Administrator. The rule further consolidates commodity 
procurement across the Department by transferring delegations related 
to international commodity procurement from the Under Secretary of FPAC 
and the FSA Administrator to the Under Secretary for Marketing and 
Regulatory Programs and the AMS Administrator. See SM 1076-018 (Nov. 
14, 2017).

E. Office of Pest Management Policy

    Pursuant to 7 U.S.C. 7653, the Office of Pest Management Policy 
(OPMP) represents the Department in fulfilling responsibilities related 
to management of pesticides under the Food Quality Protection Act of 
1996, the Federal Insecticide, Fungicide, and Rodenticide Act, and the 
Federal Food, Drug and Cosmetic Act and other applicable laws, and 
leads and coordinates the Department's pest management and 
biotechnology efforts. Prior to the 2017 reorganization of the 
Department, OPMP was located in ARS, and there were no published 
delegations of authority to the OPMP Director. This rule reflects the 
realignment of OPMP within the Office of the Chief Economist (OCE), and 
establishes a new section of delegations by the Chief Economist to the 
Director of OPMP at Sec.  2.75. In addition, the rule removes the 
outdated delegations to the Under Secretary for REE at Sec.  
2.21(a)(1)(iii), to the Administrator of ARS at Sec.  2.65(a)(1), and 
to the Director of the National Institute of Food and Agriculture at 
Sec.  2.66(a)(115). See SM 20176-018 (Nov. 14, 2017). The revocation of 
these authorities is intended solely to reflect the administrative 
relocation of OPMP from ARS to OCE, and does not affect the authority 
of the Under Secretary of REE, the ARS Administrator, or the NIFA 
Director to carry out their programs.

F. Office of Energy and Environmental Policy

    This rule further revises the delegations of authority to reflect 
the realignment of the climate, environmental markets, and energy 
policy functions of OCE. The new position of Director of the Office of 
Energy and Environmental Policy (OEEP) will oversee the Office of 
Energy Policy and New Uses, the Office of Environmental Markets, and 
the Climate Change Program Office, and will coordinate policy analysis, 
long-range planning, research priority setting, and response strategies 
for addressing energy development and environmental policy. To effect 
this change, the delegations formerly located at Sec.  2.74, related to 
the Climate Change Program Office, and at Sec.  2.75, related to the 
Office of Environmental Markets, are now consolidated under the 
delegations of authority to the Director of OEEP at Sec.  2.73.

G. Settlement Authority for Commitments That Cannot Be Ratified

    This rule also revises the delegations to the Chief Financial 
Officer (CFO) by adding a new delegation to settle claims that are not 
otherwise provided for under 31 U.S.C. 3702(a) or another provision of 
law. Congress granted this claims settlement authority to the Director 
of the Office of Management and Budget in 31 U.S.C. 3702(a)(4), and the 
Director further delegated the authority to each Executive Branch 
agency. See Determination with Respect to Transfer of Functions 
Pursuant to Public Law 104-316, Office of Management and Budget (Dec. 
17, 1996).
    Pursuant to the new delegation at Sec.  2.28(a)(30), the CFO now 
has the authority to resolve contract claims that are not ratifiable, 
including as described in the Federal Acquisition Regulation at 48 CFR 
1.602-3(d).

H. Miscellaneous Revisions

    This rules also makes the following miscellaneous revisions to the 
delegations. The authority to collect, summarize, and publish data on 
the production, distribution, and stocks of sugar is transferred from 
the Under Secretary for Marketing and Regulatory Programs and AMS 
Administrator to the Under Secretary for FPAC and FSA Administrator to 
reflect the current operation of these activities. The delegation of 
authority to the Under Secretary for FPAC related to defense and 
emergency preparedness is revised to eliminate references to ``foreign 
agricultural intelligence and other foreign agricultural matters,'' 
which are covered by an existing delegation to the Under Secretary for 
Trade and Foreign Agricultural Affairs. Finally, the delegations of 
authority to the Under Secretary for Marketing and Regulatory Programs 
and the Administrator of AMS have been revised to include updated 
citations to the Agricultural Marketing Act of 1946.

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 in 7 CFR Part 2

    Authority delegations (Government agencies).

    Accordingly, as discussed in the preamble, 7 CFR part 2 is 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.


[[Page 61311]]



0
2. In part 2, revise all references to ``Departmental Management'' to 
read ``Departmental Administration,'' and revise all references to 
``Office of Homeland Security and Emergency Coordination'' to read 
``Office of Homeland Security''.

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 Partnerships and Public Engagement; the 
Director, Office of Tribal Relations; and the Director, Office of Small 
and Disadvantaged Business Utilization.

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

0
4. Amend Sec.  2.16 by:
0
a. Removing and reserving paragraphs (a)(1),(iv), and (xvi);
0
b. Adding paragraph (a)(1)(xvii);
0
c. Revising the reference to ``Assistant Secretary for Administration'' 
to read ``Director, Office of Partnerships and Public Engagement'' in 
paragraphs (a)(1)(xxviii) and (xxxiii); and
0
d. Revising paragraphs (a)(3)(iv)(G) and (a)(6)(i).
    The addition and revisions read as follows:


Sec.  2.16  Under Secretary for Farm Production and Conservation.

    (a) * * *
    (1) * * *
    (xvii) Collect, summarize, and publish data on the production, 
distribution, and stocks of sugar.
* * * * *
    (3) * * *
    (iv) * * *
    (G) The Emergency Conservation Program and the Emergency Watershed 
Protection Program under sections 401-405 of the Agricultural Credit 
Act of 1978, 16 U.S.C. 2201-2205.
* * * * *
    (6) * * *
    (i) 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 agricultural production; food 
processing, storage, and distribution; distribution of farm equipment 
and fertilizer; rehabilitation and use of food, agricultural, and 
related agribusiness facilities; CCC resources; and farm credit and 
financial assistance.
* * * * *


Sec.  2.17  [Amended]

0
5. Amend Sec.  2.17 by revising the references to ``Assistant Secretary 
for Administration'' to read ``Director, Office of Partnerships and 
Public Engagement'' in paragraphs (a)(20)(xi), (a)(21)(xxv), and 
(a)(22)(viii).


Sec.  2.21  [Amended]

0
6. Amend Sec.  2.21 by removing and reserving paragraph (a)(1)(iii).

0
7. Amend Sec.  2.22 by:
0
a. Revising paragraphs (a)(1)(i) and (a)(1)(viii)(X);
0
b. Removing and reserving paragraphs (a)(1)(viii)(CC) and (a)(1)(x); 
and
0
c. Adding paragraphs (a)(1)(xiv),(xv), and (xvi).
    The revisions and additions read as follows:


Sec.  2.22  Under Secretary for Marketing and Regulatory Programs.

    (a) * * *
    (1) * * *
    (i) Exercise the functions of the Secretary of Agriculture 
contained in the Agricultural Marketing Act of 1946, as amended (7 
U.S.C. 1621 et seq.), including payments to State Departments of 
Agriculture in connection with cooperative marketing service projects 
under section 204(b) (7 U.S.C. 1623(b)), but excepting matters 
otherwise assigned.
* * * * *
    (viii) * * *
    (X) Beef Research and Information Act, as amended (7 U.S.C. 2901-
2918), except as delegated to the Under Secretary for Trade and Foreign 
Agricultural Affairs in Sec. Sec.  2.26(a)(1)(xiv) and (a)(3)(x);
* * * * *
    (xiv) Administer the U.S. Warehouse Act, as amended (7 U.S.C. 241-
273), and perform compliance examinations for Agricultural Marketing 
Services programs.
    (xv) Administer commodity procurement and supply, transportation 
(other than from point of export, except for movement to trust 
territories or possessions), handling, payment, and related services in 
connection with programs under titles II and III of Public Law 480 (7 
U.S.C. 1691, 1701, et seq.) and section 3107 of the Farm Security and 
Rural Investment Act of 2002 (7 U.S.C. 1736o-1), and payment and 
related services with respect to export programs and barter operations.
* * * * *

0
8. Amend Sec.  2.24 by removing and reserving paragraphs (a)(7), 
(a)(8)(ii)(F) and (I), revising paragraph (a)(8)(iii), and removing and 
reserving paragraph (a)(8)(vii).
    The revision reads as follows:


Sec.  2.24  Assistant Secretary for Administration.

    (a) * * *
    (8) * * *
    (iii) Administer the Classified Network, Controlled Unclassified 
Information, and Insider Threat programs of the Department (E.O. 13587; 
E.O. 13556 and 32 CFR part 2002).
* * * * *

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

0
 9. Amend Sec.  2.28 by:
0
a. In paragraph (a)(27), removing the term ``Office of Procurement and 
Property Management'' and adding in its place the term ``Office of 
Contracting and Procurement''; and
0
b. Adding paragraph (a)(30).
    The addition reads as follows:


Sec.  2.28  Chief Financial Officer.

    (a) * * *
    (30) Settle claims not otherwise provided for under 31 U.S.C. 
3702(a) or another provision of law.
* * * * *

0
 10. Amend Sec.  2.29 by adding paragraph (a)(16) to read as follows:


Sec.  2.29  Chief Economist.

    (a) * * *
    (16) Related to Pest Management and Policy. Coordinate USDA policy 
relative to the Federal Insecticide, Fungicide,

[[Page 61312]]

and Rodenticide Act, as amended (7 U.S.C. 136 et seq.) and coordinate 
the Department's Integrated Pest Management Programs and the Pesticide 
Assessment Program (7 U.S.C.136-136y) (7 U.S.C. 7653).
* * * * *

0
11. Revise Sec.  2.38 to read as follows:


Sec.  2.38  Director, Office of Partnerships and Public Engagement.

    (a) Delegations. The following delegations of authority are made by 
the Secretary of Agriculture to the Director, Office of Partnerships 
and Public Engagement:
    (1) Related to Advocacy and Outreach:
    (i) Ensure that small farms and ranches, beginning farmers or 
ranchers, and socially disadvantaged farmers or ranchers have access 
to, and equitable participation in, programs and services of the 
Department pursuant to section 226B(c) of the Department of Agriculture 
Reorganization Act of 1994 (7 U.S.C. 6934(c)).
    (ii) Oversee the Advisory Committee for Beginning Farmers and 
Ranchers.
    (iii) Oversee the operations of the Office of Small Farms 
Coordination.
    (iv) Administer section 2501 of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (7 U.S.C. 2279), except for 
authorities related to the Census of Agriculture and economic studies 
in subsection (h) of that section.
    (v) Oversee the Minority Farmer Advisory Committee pursuant to 
section 14008 of FCEA (7 U.S.C. 2279 note).
    (vi) Administer the low-income migrant and seasonal farmworker 
grants program under section 2281 of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (42 U.S.C. 5177a).
    (vii) Consult with appropriate entities regarding integration of 
farmworker interests into Department programs, including assisting 
farmworkers in becoming agricultural producers or landowners, and 
research, program improvements, and agricultural education 
opportunities for low-income and migrant seasonal farmworkers.
    (viii) Administer the grants program under section 14204 of FCEA (7 
U.S.C. 2008q-1) to improve the supply, stability, safety, and training 
of the agricultural labor force.
    (ix) Administer and coordinate a USDA outreach program in 
collaboration with USDA agencies.
    (x) Administer section 2501A of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1), including the 
authority to coordinate Department policy for the issuance of receipts 
under subsection (e) of that section.
    (xi) Provide strategic planning and performance measurement, 
coordinate outreach activities, monitor goals and objectives, and 
evaluate programs, of Department programs and activities involving 
small farms or ranches and beginning or socially disadvantaged farmers 
or ranchers.
    (xii) Administer the USDA/1994 Land Grant Institutions (Tribal 
Colleges) Programs.
    (xiii) Administer the USDA/1890 Liaison Officer Program.
    (xiv) Administer the Hispanic Serving Institutions National 
Program, including through the use of cooperative agreements under 7 
U.S.C. 3318(b).
    (xv) Serve as a lead agency in carrying out student internship 
programs (7 U.S.C. 2279c).
    (xvi) Coordinate outreach to Asian Americans and Pacific Islanders.
    (2) Related to Indian tribes:
    (i) Serve as the Department's primary point of contact for tribal 
issues.
    (ii) Advise the Secretary on policies related to Indian tribes.
    (iii) Serve as the official with principal responsibility for the 
implementation of Executive Order 13175, ``Consultation and 
Coordination with Indian Tribal Governments,'' including the provision 
of Department-wide guidance and oversight regarding tribal 
consultation, coordination, and collaboration.
    (iv) Coordinate the Department's programs involving assistance to 
American Indians and Alaska Natives.
    (v) Enter into cooperative agreements to improve the coordination 
and effectiveness of Federal programs, services, and actions affecting 
rural areas (7 U.S.C. 2204b(b)(4)); and to provide outreach and 
technical assistance to socially disadvantaged farmers and ranchers and 
veteran farmers and ranchers (7 U.S.C. 2279(a)(3)).
    (3) Oversee the Military Veterans Agricultural Liaison (7 U.S.C. 
6919).
    (4) Oversee the Center for Faith-Based and Neighborhood 
Partnerships.
    (5) Oversee the Women in Agriculture Initiative.
    (6) With the exception of competitive grant programs administered 
by the National Institute of Food and Agriculture, or any youth 
employment opportunity programs such as Pathways or Job Corp, serve as 
the Department lead for strategic planning and coordinating youth 
outreach activities of USDA agencies' programs (including, but not 
limited to, 4-H; Science, Technology, Engineering and Math (STEM) 
programs; information and cyber technology student programs, Future 
Farmers of America (FFA) activities; summer high school internships; 
and youth gardening programs); development of program evaluation 
metrics and consistent messaging for youth outreach activities; and 
monitoring goals and objectives.
    (b) [Reserved]

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

0
12. Add Sec.  2.41 to read as follows:


Sec.  2.41  Chief Operating Officer, Farm Production and Conservation 
Business Center.

    (a) Delegations. Pursuant to Sec.  2.16(a), 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 Chief Operating Officer, Farm Production and 
Conservation Programs Business Center:
    (1) Provide to the Farm Service Agency, Natural Resources 
Conservation Service, and Risk Management Agency management support 
services including information technology, financial management, human 
resources, procurement, property management, and related business and 
administrative processes.
    (2) 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 agricultural production; food 
processing, storage, and distribution; distribution of farm equipment 
and fertilizer; rehabilitation and use of food, agricultural, and 
related agribusiness facilities; CCC resources; and farm credit and 
financial assistance.
    (3) Conduct fiscal, accounting and claims functions relating to CCC 
programs for which the Foreign Agricultural Service has been delegated 
authority under Sec.  2.601 and, in conjunction with other agencies of 
the U.S. Government, develop and formulate agreements to reschedule 
amounts due from foreign countries.
    (4) Administer Section 15353(a) of the Food, Conservation, and 
Energy Act of 2008, Public Law 110-246 relating to information 
reporting for Commodity Credit Corporation transactions.
    (5) Coordinate and prevent duplication of aerial photographic work 
of the Department, including:
    (i) Clearing photography projects;
    (ii) Assigning symbols for new aerial photography, maintaining 
symbol records, and furnishing symbol books;
    (iii) Recording departmental aerial photography flow and 
coordinating the

[[Page 61313]]

issuance of aerial photography status maps of latest coverage;
    (iv) Promoting interchange of technical information and techniques 
to develop lower costs and better quality;
    (v) Representing the Department on committees, task forces, work 
groups, and other similar groups concerned with aerial photography 
acquisition and reproduction;
    (vi) Providing a Chairperson for the Photography Sales Committee of 
the Department;
    (vii) Coordinating development, preparation, and issuance of 
specifications for aerial photography for the Department;
    (viii) Coordinating and performing procurement, inspection, and 
application of specifications for USDA aerial photography;
    (ix) Maintaining library and files of USDA aerial film and 
retrieving and supplying reproductions on request.
    (b) [Reserved]

0
13. Amend Sec.  2.42 by:
0
a. Removing and reserving paragraphs (a)(3) and (4), (a)(5)(i), and 
(a)(7), (12), and (18);
0
b. Adding paragraph (a)(19); and
0
c. Removing and reserving paragraph (a)(56)(ix).
    The addition reads as follows:


Sec.  2.42  Administrator, Farm Service Agency.

    (a) * * *
    (19) Collect, summarize, and publish data on the production, 
distribution, and stocks of sugar.
* * * * *

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

0
14. Add Sec.  2.46, to read as follows:


Sec.  2.46  Chief Operating Officer, Rural Development Business Center.

    (a) Delegations. Pursuant to Sec.  2.17(a), subject to the 
reservations in Sec.  2.17(b), the following delegations of authority 
are made by the Assistant to the Secretary for Rural Development to the 
Chief Operating Officer, Rural Development Business Center: (1) Provide 
to the Rural Utilities Service, Rural Housing Service, and Rural 
Business-Cooperative Service management support services including 
information technology, financial management, human resources, 
procurement, property management, and related business and 
administrative processes.
    (2) With respect to land and facilities under the authority of the 
Assistant to the Secretary for Rural Development, 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) 
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) Sections 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. 9119), 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 
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C. 
9622(b)(1)), related to mixed funding agreements.
    (3) With respect to facilities and activities under the authority 
of the Assistant to the Secretary for Rural Development, 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 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, as further amended by 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.).
    (4) Collect, service, and liquidate single family housing loans 
made, insured, or guaranteed by the Rural Housing Service.
    (b) [Reserved.]

[[Page 61314]]

Sec.  2.47  [Amended]

0
15. Amend Sec.  2.47 by removing and reserving paragraphs (a)(11) and 
(12).


Sec.  2.48  [Amended]

0
16. Amend Sec.  2.48 by removing and reserving paragraphs (a)(17) and 
(18).


Sec.  2.49  [Amended]

0
17. Amend Sec.  2.49 by removing and reserving paragraphs (a)(5), (9), 
and (10).

Subpart K--Delegations of Authority by the Under Secretary for 
Research, Education, and Economics

0
18. Amend Sec.  2.65 by removing and reserving paragraph (a)(1) and 
revising the second sentence in paragraph (a)(59).
    The revision reads as follows:


Sec.  2.65  Administrator, Agricultural Research Service.

    (a) * * *
    (59) * * * As used herein, the term management support services 
includes budget, finance, personnel, information technology, 
procurement, property management, communications, paperwork management, 
and related administrative services.
* * * * *


Sec.  2.66  [Amended]

0
19. Amend Sec.  2.66 by removing and reserving paragraph (a)(115).

Subpart L--Delegations of Authority by the Chief Economist

0
 20. Amend Sec.  2.73 by revising the section heading and paragraph (a) 
introductory text and adding paragraphs (a)(10) and (11) to read as 
follows:


Sec.  2.73  Director, Office of Energy and Environmental Policy.

    (a) Delegations. Pursuant to Sec.  2.29(a)(11) through (13) the 
following delegations of authority are made by the Chief Economist to 
the Director, Office of Energy and Environmental Policy.
* * * * *
    (10) Related to global climate change. (i) Coordinate policy 
analysis, long-range planning, research, and response strategies 
relating to climate change issues.
    (ii) Provide liaison with other Federal agencies, through the 
Office of Science and Technology Policy, regarding climate change 
issues.
    (iii) Inform the Department of scientific developments and policy 
issues relating to the effects of climate change on agriculture and 
forestry, including broader issues that affect the impact of climate 
change on the farms and forests of the United States.
    (iv) Recommend to the Chief Economist alternative courses of action 
with which to respond to such scientific developments and policy 
issues.
    (v) Ensure that recognition of the potential for climate change is 
fully integrated into the research, planning, and decisionmaking 
processes of the Department.
    (vi) Coordinate global climate change studies.
    (vii) Coordinate the participation of the Department in interagency 
climate-related activities.
    (viii) Consult with the National Academy of Sciences and private, 
academic, State, and local groups with respect to climate research and 
related activities.
    (ix) Represent the Department to the Office of Science and 
Technology Policy on issues related to climate change.
    (x) Represent the Department on the Intergovernmental Panel on 
Climate Change.
    (xi) Review all Department budget items relating to climate change 
issues, including specifically the research budget to be submitted by 
the Secretary to the Office of Management and Budget.
    (11) Related to environmental markets. Coordinate implementation of 
section 1245 of the Food Security Act of 1985 regarding environmental 
services markets (16 U.S.C. 3845).
* * * * *


Sec.  2.74  [Removed and Reserved]

0
 21. Remove and reserve Sec.  2.74.

0
 22. Revise Sec.  2.75 to read as follows:


Sec.  2.75  Director, Office of Pest Management Policy.

    (a) Delegations. Pursuant to Sec.  2.29(a)(16), the following 
delegations of authority are made by the Chief Economist to the 
Director, Office of Pest Management Policy:
    (1) Coordinate USDA policy relative to the Federal Insecticide, 
Fungicide, and Rodenticide Act, as amended (7 U.S.C. 136, et seq.) and 
coordinate the Department's Integrated Pest Management Programs and the 
Pesticide Assessment Program (7 U.S.C. 136-136y) (7 U.S.C. 7653).
    (2) [Reserved]
    (b) [Reserved]

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

0
20. Amend Sec.  2.79 by:
0
a. Revising paragraph (a)(1);
0
b. Removing and reserving paragraphs (a)(8)(xxxvii) and (10); and
0
c. Adding paragraphs (a)(16) through (22).
    The revision and additions read as follows:


Sec.  2.79  Administrator, Agricultural Marketing Service.

    (a) * * *
    (1) Exercise the functions of the Secretary of Agriculture 
contained in the Agricultural Marketing Act of 1946, as amended (7 
U.S.C. 1621 et seq.), including payments to State Departments of 
Agriculture in connection with cooperative marketing service projects 
under section 204(b) (7 U.S.C. 1623(b)), but excepting matters 
otherwise assigned.
* * * * *
    (16) Administer the United States Grain Standards Act, as amended 
(7 U.S.C. 71-87h).
    (17) Administer the Packers and Stockyards Act, 1921, as amended 
and supplemented.
    (18) Enforce provisions of the Consumer Credit Protection Act (15 
U.S.C. 1601-1665, 1681-1681t), with respect to any activities subject 
to the Packers and Stockyards Act, 1921, as amended and supplemented.
    (19) Exercise the functions of the Secretary of Agriculture 
contained in section 1324 of the Food Security Act of 1985 (7 U.S.C. 
1631).
    (20) Administer responsibilities and functions assigned to the 
Secretary in section 11006 of the Food, Conservation, and Energy Act of 
2008 (7 U.S.C. 228 note), with respect to the Packers and Stockyards 
Act, 1921.
    (21) Administer the U. S. Warehouse Act, as amended (7 U.S.C. 241-
273), and perform compliance examinations for Agricultural Marketing 
Services programs.
    (22) Administer commodity procurement and supply, transportation 
(other than from point of export, except for movement to trust 
territories or possessions), handling, payment, and related services in 
connection with programs under titles II and III of Public Law 480 (7 
U.S.C. 1691, 1701, et seq.) and section 3107 of the Farm Security and 
Rural Investment Act of 2002 (7 U.S.C. 1736o-1), and payment and 
related services with respect to export programs and barter operations.
* * * * *

0
21. Amend Sec.  2.80 by revising paragraph (a)(24) to read as follows:


Sec.  2.80  Administrator, Animal and Plant Health Inspection Service.

    (a) * * *
    (24) Provide management support services for the Agricultural 
Marketing Service, as agreed upon by the agencies, with authority to 
take actions required by law or regulation. As used herein, the

[[Page 61315]]

term management support services includes information technology, 
budget, finance, personnel, procurement, property management, 
communications, paperwork management, and related administrative 
services.
* * * * *


Sec.  2.81  [Removed and Reserved]

0
 22. Remove and reserve Sec.  2.81.

Subpart P--Delegations of Authority by the Assistant Secretary for 
Administration


Sec.  2.89  [Amended]

0
23. Amend Sec.  2.89 by:
0
a. Removing and reserving paragraph (a)(11)(xi);
0
b. Removing the term ``agency'' and adding in its place the term 
``mission area'' in paragraphs (a)(12)(ii) and (iii);
0
c. Removing the term ``Agency Heads'' and adding in its place the term 
``mission area heads'' in paragraph (a)(12)(iv); and
0
d. Removing the term ``agencies'' and adding in its place the term 
``mission areas'' in paragraph (a)(12)(vi).

0
24. Add Sec.  2.90 to read as follows:


Sec.  2.90  Director, Office of Property and Fleet Management.

    (a) Delegations. Pursuant to Sec.  2.24(a)(6) of this chapter, and 
with due deference for delegations to other Departmental Administration 
officials, the following delegations of authority are made by the 
Assistant Secretary for Administration to the Director, Office of 
Property and Fleet Management:
    (1) Promulgate policies, standards, techniques, and procedures, and 
represent the Department, in the following:
    (i) Utilization, value analysis, construction, maintenance, and 
disposition of real and personal property, including control of space 
assignments.
    (ii) Motor vehicle and aircraft fleet and other vehicular 
transportation.
    (iii) Transportation of things (traffic management).
    (iv) Prevention, control, and abatement of pollution with respect 
to Federal facilities and activities under the control of the 
Department (Executive Order 12088, ``Federal Compliance With Pollution 
Control Standards,'' 3 CFR, 1978 Comp., p. 243).
    (v) Development and implementation of sustainable operations 
actions including establishing and achieving greenhouse gas emission 
reduction goals, reducing energy intensity, increasing renewable energy 
use, increasing water efficiency, reducing petroleum use and increasing 
alternative fuel use, increasing recycling and waste diversion, 
preventing pollution, reducing use of toxic chemicals, procuring 
sustainable products and services, achieving sustainable principles for 
new and existing buildings, promoting electronic stewardship, and 
continuing environmental management system use. Maintain liaison with 
the Office of the Federal Environmental Executive, the Council on 
Environmental Quality, the Office of Management and Budget (OMB), the 
Department of Energy, and other Government agencies in these matters.
    (vi) Implementation of a program for the Federal procurement of 
biobased products and of a voluntary ``USDA Certified Biobased 
product'' labeling program (7 U.S.C. 8102).
    (vii) Entering into cooperative agreements to further research 
programs in the food and agricultural sciences, related to establishing 
and implementing Federal biobased procurement and voluntary biobased 
labeling programs (7 U.S.C. 3318).
    (2) Exercise the following special authorities:
    (i) Maintain custody and permit appropriate use of the official 
seal of the Department.
    (ii) Establish policy for the use of the official flags of the 
Secretary and the Department.
    (iii) Coordinate collection and disposition of personal property of 
historical significance.
    (iv) Make information returns to the Internal Revenue Service as 
prescribed by 26 U.S.C. 6050M and by 26 CFR 1.6050M-1 and such other 
Treasury regulations, guidelines or procedures as may be issued by the 
Internal Revenue Service in accordance with 26 U.S.C. 6050M. This 
includes making such verifications or certifications as may be required 
by 26 CFR 1.6050M-1 and making the election allowed by 26 CFR 1.6050M-
1(d)(5)(1).
    (v) Represent the Department in working with the Government 
Accountability Office (GAO), the General Services Administration, OMB, 
and other organizations or agencies on matters related to assigned 
responsibilities.
    (vi) Redelegate, as appropriate, the authority in paragraphs (a)(4) 
and (a)(6) of this section to agency Property Officials or other 
qualified agency officials with no power of further redelegation.
    (3) Transfer excess research equipment to eligible educational 
institutions or certain non-profit organizations for the conduct of 
technical and scientific education and research activities under 
section 11(i) of the Stevenson-Wydler Technology Innovation Act of 1980 
(15 U.S.C. 3710(i)) (7 CFR part 2812).
    (4) Promulgate policy and obtain and furnish Federal excess 
personal property in accordance with section 923 of Public Law 104-127 
(7 U.S.C. 2206a), to support research, educational, technical and 
scientific activities or for related programs, to:
    (i) Any 1994 Institutions (as defined in section 532 of the Equity 
in Educational Land-Grant Status Act of 1994 (Pub. L. 103-382; 7 U.S.C. 
301 note)).
    (ii) Any Institutions eligible to receive funds under the Act of 
August 30, 1890 (7 U.S.C. 321, et seq.) including Tuskegee University.
    (iii) Any Hispanic-serving Institutions (as defined in section 
316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)).
    (5) Make available to organizations excess or surplus computers or 
other technical equipment of the Department for the purpose of 
distribution to cities, towns, or local government entities in rural 
areas (7 U.S.C. 2206b).
    (6) Issue regulations and directives to implement or supplement the 
Federal Property Management Regulations (41 CFR chapter 101) and the 
Federal Management Regulation (41 CFR chapter 102).
    (7) Related to compliance with environmental laws and sustainable 
operating requirements.
    (i) Serve as Departmental Administration Member and Executive 
Secretary of the USDA Sustainable Operations Council.
    (ii) Represent USDA in consulting or working with the EPA, the 
Council on Environmental Quality, the Domestic Policy Council, and 
others to develop policies relating to hazardous materials management 
and Federal facilities compliance with applicable pollution control 
laws.
    (iii) Monitor, review, evaluate, and oversee hazardous materials 
management program activities and compliance Department-wide.
    (iv) Monitor, review, evaluate, and oversee USDA agency 
expenditures for hazardous materials management program 
accomplishments.
    (v) Represent USDA on the National Response Team and exercise 
responsibility for USDA response efforts for hazardous substance 
releases and oil spills pursuant to the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980, as amended (42 
U.S.C. 9601, et seq.); the Clean Water Act, as amended

[[Page 61316]]

(33 U.S.C. 1251, et seq.); Oil Pollution Act, as amended (33 U.S.C. 
2701, et seq.); Executive Order 12580, ``Superfund Implementation,'' 3 
CFR, 1987 Comp., p. 193; Executive Order 12777, ``Implementation of 
section 311 of the Federal Water Pollution Control Act of October 18, 
1972, as amended, and the Oil Pollution Act of 1990,'' 3 CFR, 1991 
Comp., p. 351, and the National Oil and Hazardous Substances 
Contingency Plan, 40 CFR part 300. When a spill of national 
significance is declared under the Oil Pollution Act of 1990, 
responsibility for USDA response efforts will transfer to the Office of 
Homeland Security and Emergency Coordination, as determined by the 
Assistant Secretary for Administration.
    (vi) Approve disbursements from the New World Mine Response and 
Restoration Account, approve the New World Mine Response and 
Restoration Plan, and make quarterly reports to Congress under Sections 
502(d) and (f) of Title V of the Department of the Interior and Related 
Agencies Appropriations Act of 1998, Public Law 105-83.
    (vii) Ensure that the Hazardous Materials Management Program 
Department-wide is accomplished with regard to, and in compliance with, 
Executive Order 12898, ``Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations,'' 3 CFR, 
1994 Comp., p. 859.
    (viii) Take such action as may be necessary, with the affected 
agency head and with the concurrence of the General Counsel, including 
issuance of administrative orders and agreements with any person to 
perform any response action under sections 106(a) and 122 (except 
subsection (b)(1)) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9606(a), 
9622), pursuant to sections 4(c)(3) and 4(d)(3) of Executive Order 
12580, ``Superfund Implementation,'' 3 CFR, 1987 Comp., p. 193, as 
amended by Executive Order 13016, ``Amendment to Executive Order No. 
12580,'' 3 CFR, 1996 Comp., p. 214.
    (ix) Represent USDA on the EPA Brownfields Federal Partnership and 
coordinate USDA support for Brownfields redevelopment and establish 
policy and guidance for the implementation of the June 2003 amendment 
to Executive Order 12580, ``Superfund Implementation,'' 3 CFR, 1987 
Comp., p. 193 (Executive Order 13308, ``Further Amendment to Executive 
Order 12580, As Amended, Superfund Implementation,'' 3 CFR, 2003 Comp., 
p. 239).
    (8) Exercise responsibility for USDA response efforts when a spill 
of national significance is declared under the Oil Pollution Act of 
1990, as determined by the Assistant Secretary for Administration.
    (b) [Reserved]

0
25. Amend Sec.  2.91 by revising paragraph (a)(21) and adding paragraph 
(a)(22) to read as follows:


Sec.  2.91  Director, Office of Human Resources Management.

    (a) * * *
    (21) Related to occupational safety and health:
    (i) Establish Departmentwide safety and health policy and provide 
leadership in the development, coordination, and implementation of 
related standards, techniques, and procedures, and represent the 
Department in complying with laws, Executive Orders and other policy 
and procedural issuances and related to occupational safety and health 
and workers' compensation programs within the Department.
    (ii) Represent the Department in all rulemaking, advisory, or 
legislative capacities on any groups, committees, or Governmentwide 
activities that affect the USDA Occupational Safety and Health 
Management Program.
    (iii) Determine and provide Departmentwide technical services and 
regional staff support for the safety and health programs.
    (iv) Administer the computerized management information systems for 
the collection, processing, and dissemination of data related to the 
Department's occupational safety and health programs.
    (v) Administer the Department's Occupational Health and Preventive 
Medicine Program, as well as design and operate employee assistance and 
workers' compensation activities.
    (vi) Provide education and training on a Departmentwide basis for 
safety and health-related issues and develop resource and operational 
manuals.
    (22) Redelegate, as appropriate, any authority delegated under 
paragraphs (a)(1) through (21) of this section to general officers of 
the Department and heads of Departmental agencies, provided that the 
Director, Office of Human Resources Management retains the authority to 
make final decisions in any human resources matter so redelegated.
* * * * *

0
 26. Revise Sec.  2.93 to read as follows:


Sec.  2.93  Director, Office of Contracting and Procurement.

    (a) Delegations. Pursuant to Sec.  2.24(a)(6) of this chapter, and 
with due deference for delegations to other Departmental Administration 
officials, the following delegations of authority are made by the 
Assistant Secretary for Administration to the Director, Office of 
Contracting and Procurement:
    (1) Exercise full Departmentwide contracting and procurement 
authority.
    (2) Promulgate policies, standards, techniques, and procedures, and 
represent the Department, in the following:
    (i) Acquisition, including, but not limited to, the procurement of 
supplies, services, equipment, and construction.
    (ii) Socioeconomic programs relating to contracting.
    (iii) Selection, standardization, and simplification of program 
delivery processes utilizing contracts.
    (iv) Acquisition and leasing of real and personal property.
    (v) Implementation of the Uniform Relocation Assistance and Real 
Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.).
    (vi) Implementation of the policies and procedures set forth in OMB 
Circular No. A-76, Performance of Commercial Activities.
    (3) Exercise the following special authorities:
    (i) The Director, Office of Contracting and Procurement, is 
designated as the Departmental Debarring Officer and authorized to 
perform the functions of 48 CFR part 9, subpart 9.4 related to 
procurement activities, except for commodity acquisitions on behalf of 
the Commodity Credit Corporation (7 CFR part 1407), with authority to 
redelegate suspension and debarment authority for contracts awarded 
under the School Lunch and Surplus Removal Programs (42 U.S.C. 1755 and 
7 U.S.C. 612c).
    (ii) Promulgate regulations for the management of contracting and 
procurement for information technology and telecommunication equipment, 
software, services, maintenance and related supplies.
    (iii) Represent the Department in working with the Government 
Accountability Office (GAO), the General Services Administration, OMB, 
and other organizations or agencies on matters related to assigned 
responsibilities.
    (iv) Conduct liaison with the Office of Federal Register (1 CFR 
part 16) including the making of required certifications pursuant to 1 
CFR part 18.
    (4) Exercise authority under the Department's Chief Acquisition 
Officer (the Assistant Secretary for

[[Page 61317]]

Administration) to integrate and unify the management process for the 
Department's major system acquisitions and to monitor implementation of 
the policies and practices set forth in OMB Circular No. A-109, Major 
Systems Acquisitions, with the exception that major system acquisitions 
for information technology shall be under the cognizance of the Chief 
Information Officer. This delegation includes the authority to:
    (i) Ensure that OMB Circular No. A-109 is effectively implemented 
in the Department and that the management objectives of the Circular 
are realized.
    (ii) Review the program management of each major system 
acquisition, excluding information technology.
    (iii) Designate the program manager for each major system 
acquisition, excluding information technology.
    (iv) Designate any Departmental acquisition, excluding information 
technology, as a major system acquisition under OMB Circular No. A-109.
    (5) Pursuant to Executive Order 12931, ``Federal Procurement 
Reform,'' and 41 U.S.C. 1702(c), serve as the Senior Procurement 
Executive for the Department with responsibility for the following:
    (i) Prescribing and publishing Departmental acquisition policies, 
advisories, regulations, and procedures.
    (ii) Taking any necessary actions consistent with policies, 
regulations, and procedures, with respect to purchases, contracts, 
leases, agreements, and other transactions.
    (iii) Appointing contracting officers.
    (iv) Establishing clear lines and limitations of contracting 
authority through written delegations of authority.
    (v) Approving any Departmental and component agency procurement 
systems and processes.
    (vi) Managing and enhancing career development of the Department's 
acquisition workforce.
    (vii) Participating in the development of Governmentwide 
procurement policies, regulations and standards, and determining 
specific areas where Governmentwide performance standards should be 
established and applied.
    (viii) Developing unique Departmental standards as required.
    (ix) Overseeing the development of procurement goals, guidelines, 
and innovation.
    (x) Measuring and evaluating procurement office performance against 
stated goals.
    (xi) Advising the Assistant Secretary for Administration whether 
procurement goals are being achieved.
    (xii) Prescribing standards for agency Senior Contracting 
Officials.
    (xiii) Redelegating, suspending, or revoking, as appropriate, the 
authority in paragraph (a)(5)(i) of this section to agency Senior 
Contracting Officials or other qualified agency officials with no power 
of further redelegation.
    (xiv) Redelegating, suspending, or revoking, as appropriate, the 
authorities in paragraphs (a)(5)(ii), (iii), (iv), (vi), and (vii) of 
this section to agency Senior Contracting Officials or other qualified 
agency officials with the power of further redelegation.
    (6) Represent the Department in establishing standards for 
acquisition transactions within the electronic data interchange 
environment.
    (7) Designate the Departmental Task Order Ombudsman pursuant to 41 
U.S.C. 253j.
    (8) Serve as Departmental Remedy Coordination Official pursuant to 
41 U.S.C. 255 to determine whether payment to any contractor should be 
reduced or suspended based on substantial evidence that the request of 
the contractor for advance, partial, or progress payment is based on 
fraud.
    (9) Review and approve exemptions for USDA contracts, subcontracts, 
grants, agreements, and loans from the requirements of the Clean Air 
Act, as amended (42 U.S.C. 7401, et seq.), the Federal Water Pollution 
Control Act, as amended (33 U.S.C. 1251, et seq.), and Executive Order 
11738, ``Providing for Administration of the Clean Air Act and the 
Federal Water Pollution Control Act With Respect to Federal Contracts, 
Grants, or Loans,'' 3 CFR, 1971-1975 Comp., p. 799, when he or she 
determines that the paramount interest of the United States so requires 
as provided in these acts and Executive Order and the regulations of 
the EPA (2 CFR 1532.1140).
    (10) Issue regulations and directives to implement or supplement 
the Federal Acquisition Regulations (48 CFR chapter 1 and 4).
    (12) Pursuant to the Office of Federal Procurement Policy Act 
(Act), as amended (41 U.S.C. 401, et seq.), designate the Department's 
Advocate for Competition with the responsibility for section 20 of the 
Act (41 U.S.C. 418), including:
    (i) Reviewing the procurement activities of the Department.
    (ii) Developing new initiatives to increase full and open 
competition.
    (iii) Developing goals and plans and recommending actions to 
increase competition.
    (iv) Challenging conditions unnecessarily restricting competition 
in the acquisition of supplies and services.
    (v) Promoting the acquisition of commercial items.
    (vi) Designating an Advocate for Competition for each procuring 
activity within the Department.
    (13) In coordination with the Chief Financial Officer, implement 
the debarment authorities in section 14211 of the Food, Conservation, 
and Energy Act of 2008 (7 U.S.C. 2209j), in connection with procurement 
activities.
    (14) Provide services, including procurement of supplies, services, 
and equipment, with authority to take actions required by law or 
regulation to perform such services for:
    (i) The Secretary of Agriculture.
    (ii) The general officers of the Department, except the Inspector 
General.
    (iii) Any other offices or agencies of the Department as may be 
agreed, including as a Working Capital Fund activity.
    (b) [Reserved]


Sec.  2.94  [Removed and Reserved]

0
27. Remove and reserve Sec.  2.94.

0
28. Amend Sec.  2.95 by revising paragraph (b)(1)(vi) and removing and 
reserving paragraphs (b)(1)(ix) and (xiv) and (b)(2) and (6).
    The revision reads as follows:


Sec.  2.95  Director, Office of Homeland Security.

* * * * *
    (b) * * *
    (iv) Administer the Classified Network, Controlled Unclassified 
Information, and Insider Threat programs of the Department (E.O. 13587; 
E.O. 13556 and 32 CFR part 2002).
* * * * *

0
29. Amend Sec.  2.97 by adding paragraph (a)(3) to read as follows:


Sec.  2.97  Director, Office of the Executive Secretariat.

    (a) * * *
    (3) Administer the Departmental records, forms, reports and 
directives management programs.
* * * * *

0
30. Add Subpart V, consisting of Sec. Sec.  2.700 and 2.701, to read as 
follows:

Subpart V--Delegations of Authority by the Director, Office of 
Partnerships and Public Engagement

Sec.
2.700 Director, Office of Advocacy and Outreach.
2.701 Director, Office of Tribal Relations.

[[Page 61318]]

Sec.  2.700  Director, Office of Advocacy and Outreach.

    (a) Delegations. Pursuant to Sec.  2.38(a)(1), and with due 
deference for delegations to other Departmental Administration 
officials, the following delegations of authority are made by the 
Director, Office of Partnerships and Public Engagement to the Director, 
Office of Advocacy and Outreach:
    (1) Ensure that small farms and ranches, beginning farmers or 
ranchers, and socially disadvantaged farmers or ranchers have access 
to, and equitable participation in, programs and services of the 
Department pursuant to section 226B(c) of the Department of Agriculture 
Reorganization Act of 1994 (7 U.S.C. 6934(c)).
    (2) Oversee the Advisory Committee for Beginning Farmers and 
Ranchers.
    (3) Oversee the operations of the Office of Small Farms 
Coordination.
    (4) Administer section 2501 of the Food, Agriculture, Conservation, 
and Trade Act of 1990 (7 U.S.C. 2279), except for authorities related 
to the Census of Agriculture and economic studies in subsection (h) of 
that section.
    (5) Oversee the Minority Farmer Advisory Committee pursuant to 
section 14008 of FCEA (7 U.S.C. 2279 note).
    (6) Administer the low-income migrant and seasonal farmworker 
grants program under section 2281 of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (42 U.S.C. 5177a).
    (7) Consult with appropriate entities regarding integration of 
farmworker interests into Department programs, including assisting 
farmworkers in becoming agricultural producers or landowners, and 
research, program improvements, and agricultural education 
opportunities for low-income and migrant seasonal farmworkers.
    (8) Administer the grants program under section 14204 of FCEA (7 
U.S.C. 2008q-1) to improve the supply, stability, safety, and training 
of the agricultural labor force.
    (9) Administer and coordinate a USDA outreach program in 
collaboration with USDA agencies.
    (10) Administer section 2501A of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1), including the 
authority to coordinate Department policy for the issuance of receipts 
under subsection (e) of that section.
    (11) Provide strategic planning and performance measurement, 
coordinate outreach activities, monitor goals and objectives, and 
evaluate programs, of Department programs and activities involving 
small farms or ranches and beginning or socially disadvantaged farmers 
or ranchers.
    (12) Administer the USDA/1994 Land Grant Institutions (Tribal 
Colleges) Programs.
    (13) Administer the USDA/1890 Liaison Officer Program.
    (14) Administer the Hispanic Serving Institutions National Program, 
including through the use of cooperative agreements under 7 U.S.C. 
3318(b).
    (15) Serve as a lead agency in carrying out student internship 
programs (7 U.S.C. 2279c).
    (16) Coordinate outreach to Asian-Americans and Pacific Islanders.
    (b) [Reserved]


Sec.  2.701  Director, Office of Tribal Relations.

    (a) Delegations. Pursuant to Sec.  2.38(a)(2), the following 
delegations of authority are made by the Director, Office of 
Partnerships and Public Engagement to the Director, Office of Tribal 
Relations.
    (1) Serve as the Department's primary point of contact for tribal 
issues.
    (2) Advise the Secretary on policies related to Indian tribes.
    (3) Serve as the official with principal responsibility for the 
implementation of Executive Order 13175, ``Consultation and 
Coordination with Indian Tribal Governments,'' including the provision 
of Department-wide guidance and oversight regarding tribal 
consultation, coordination, and collaboration.
    (4) Coordinate the Department's programs involving assistance to 
American Indians and Alaska Natives.
    (5) Enter into cooperative agreements to improve the coordination 
and effectiveness of Federal programs, services, and actions affecting 
rural areas (7 U.S.C. 2204b(b)(4)); and to provide outreach and 
technical assistance to socially disadvantaged farmers and ranchers and 
veteran farmers and ranchers (7 U.S.C. 2279(a)(3)).
    (b) [Reserved]

    Dated: November 16, 2018.
Sonny Perdue,
Secretary of Agriculture.
[FR Doc. 2018-25443 Filed 11-28-18; 8:45 am]
 BILLING CODE 3410-90-P