Revision of Delegations of Authority, 65500-65524 [2020-20092]
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Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Rules and Regulations
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 2
RIN 0503–AA66
Revision of Delegations of Authority
Office of the Secretary, USDA.
Final rule.
AGENCY:
ACTION:
This document revises the
delegations of authority from the
Secretary of Agriculture and general
officers of the Department of Agriculture
(USDA) to reflect changes and additions
to the delegations required by the
Agriculture Improvement Act of 2018
and for other purposes, as summarized
below.
DATES: Effective October 15, 2020.
FOR FURTHER INFORMATION CONTACT:
Melissa McClellan, Office of the General
Counsel, (202) 720–5565,
melissa.mcclellan@usda.gov.
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.
SUMMARY:
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Overview of Changes
A. Under Secretary for Rural
Development and Principal Deputy
Chief Financial Officer
Section 12407 of the Agriculture
Improvement Act of 2018 (Pub. L. 115–
334) amended Section 231 of the
Department of Agriculture
Reorganization Act of 1994 (7 U.S.C.
6941) to direct the Secretary to establish
the position of Under Secretary for
Rural Development (RD) as a permanent
Presidentially appointed, Senateconfirmed position. The Secretary
implemented this provision on August
12, 2019 by establishing the position of
Under Secretary for RD and transferring
the delegations of authority at 7 CFR
2.17, previously delegated to the
Assistant to the Secretary for Rural
Development, to the Under Secretary for
RD, and realigning the agencies and
entities of the RD mission area to report
to the Under Secretary for RD. See SM
1076–031 available at https://
www.ocio.usda.gov/document/
secretarys-memorandum-1076-031. The
Secretary also reestablished the position
of Deputy Under Secretary for RD and
delegated to this position the authority
to perform all the duties delegated to the
Under Secretary for RD during the
absence or unavailability of the Under
Secretary. This rule accordingly updates
the references to the former position of
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Assistant to the Secretary for Rural
Development throughout part 2 to read
‘‘Under Secretary for Rural
Development,’’ and adds a new section
of delegations by the Under Secretary
for RD to the Deputy Under Secretary
for RD at 2.45.
In the same Secretary’s Memorandum,
the Secretary established a new
position, Principal Deputy Chief
Financial Officer. This rule revises the
delegations of authority at 2.500 to
reflect that the authorities previously
delegated to the Deputy Chief Financial
Officer have been transferred to the
Principal Deputy Chief Financial
Officer.
B. Agriculture Improvement Act of
2018
The Secretary previously delegated
authorities under the Agriculture
Improvement Act of 2018 (‘‘the Act’’) in
Secretary’s Memorandum 1076–030
(July 1, 2019), available at https://
www.ocio.usda.gov/document/
secretarys-memorandum-1076-030. This
rule codifies those delegations and
makes other changes to existing
delegations required by the Act, as
follows. Note that delegations of
authority made by SM 1076–030 to
conduct or prepare a one-time study,
report, economic analysis, or similar
activity remain in effect until such
study, report, economic analysis, or
similar activity is completed and are not
reflected in this rulemaking.
Section 1203 of Title I of the Act
amends section 1207(c) of the
Agricultural Act of 2014 (7 U.S.C. 9037)
to rename the Economic Adjustment
Assistance to Users of Upland Cotton as
‘‘Economic Adjustment Assistance for
Textile Mills,’’ and revises Section
1207(c) of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8737) to
remove a redundant authority. This
Rule revises the delegations of authority
for the Under Secretary for Marketing
and Regulatory Programs (MRP) at 2.22
and the Administrator for the
Agricultural Marketing Service (AMS) at
2.79 to reflect that the Secretary
transferred responsibility for
administering this program from the
Farm Service Agency (FSA) Deputy
Administrator, Commodity Operations
to the AMS Warehouse and Commodity
Management Division as part of a
Departmental reorganization in
November 2017.
Section 1204 of the Act extends the
authority for the Special Competitive
Provisions for Extra Long Staple Cotton
program at Section 1208 of the
Agricultural Act of 2014 (7 U.S.C. 9038)
through 2024 and revises the loan rate
triggering payment. This rule revises the
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delegations of authority for the Under
Secretary MRP and the Administrator
for AMS to reflect that the Secretary
transferred responsibility for
administering payments under
subsections (c) and (d) of this authority
from FSA to the AMS Warehouse and
Commodity Management Division as
part of a Departmental reorganization in
November 2017. FSA continues to
perform responsibilities under 7 U.S.C.
9038 under its general delegation of
authority to administer programs of the
Commodity Credit Corporation at
2.42(a)(45), through the Under Secretary
for Farm Production and Conservation
(FPAC) at 2.16(a)(1)(xxv).
Section 1601 amends section 196 of
the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7333)
concerning the noninsured crop
assistance program (NAP). FSA
continues to administer NAP under its
general delegation of authority to
administer programs of the Commodity
Credit Corporation. This rule revises the
delegations of authority to the
Administrator of the Risk Management
Agency (RMA) at 2.44, through the
Under Secretary of FPAC, to include the
authority to coordinate with the
Administrator of FSA on the type and
format of data collected under NAP to
ensure that the data is available and
useful in developing policies and plans
offered under the Federal Crop
Insurance Act.
Section 2301 of Title II of the Act
made a number of amendments to
chapter 4 of subtitle D of title XII of the
Food Security Act of 1985 which
resulted in changes to the existing
statutory citations for conservation
authorities delegated to the Chief of the
Natural Resources Conservation Service
(NRCS) at 2.43, through the Under
Secretary for FPAC. This rule revises the
delegations of authority for NRCS and
FPAC to reflect the updated citations. In
addition, this rule adds new delegations
of authority for FPAC and NRCS for the
feral swine eradication and control
program authorized under section 2408
of the Act.
This rule revises the delegations of
authority to the Under Secretary for
Trade and Foreign Agricultural Affairs
(TFAA) at 2.26 and the Administrator of
the Foreign Agricultural Service (FAS)
at 2.601 to include delegations for the
following new authorities under Title III
of the Act: Section 3307 (International
Agricultural Education and Fellowship
Program); section 3308 (International
Food Security Technical Assistance);
and section 3312 (Foreign Trade
Missions).
The rule also revises the delegations
of authority to the Director of the Office
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of Tribal Relations (OTR) at 2.701,
through the Director of the Office of
Office of Partnerships and Public
Engagement (OPPE) at 2.38, to include
the authority to consult with the Under
Secretary for TFAA on the
implementation of section 3312 of the
Act to support greater inclusion of
Tribal agricultural food products in
Federal trade activities. The Director of
OTR continues to advise the Secretary
on matters of policy related to Indian
tribes and to serve as the primary point
of contact in accessing Department-wide
information regarding tribal issues.
Title IV of the Act provides three new
authorities that require delegations.
Section 4021 amends the Food and
Nutrition Act of 2008 to authorize pilot
projects to encourage the use of publicprivate partnerships committed to
addressing food insecurity. This rule
adds a new delegation of authority for
the Director of the National Institute of
Food and Agriculture (NIFA) at 2.66,
through the Under Secretary for
Research, Education, and Economics
(REE) at 2.21, to administer this program
in consultation with the Under
Secretary for Food, Nutrition, and
Consumer Services (FNCS) and
Administrator of the Food and Nutrition
Service (FNS). Section 4206 authorizes
a micro-grant program to increase food
security, which is delegated to the
Under Secretary for MRP and the
Administrator of AMS. This rule also
revises the delegations of the Under
Secretary for FNCS at 2.19 and the
Administrator of FNS at 2.57 to include
a new authority under section 4208 of
the Act for health fluid milk incentive
projects.
Sections 4018 and 4104 of the Act
makes several changes to the Emergency
Food Assistance Act of 1983 (EFAA).
The authority to administer the EFAA is
covered by existing delegations to the
Under Secretary for FNCS and the
Administrator of FNS; this rule revises
those delegations to reflect that the
EFAA has been amended and to update
the U.S. Code citation for the EFAA,
which is now located at 7 U.S.C. 7501
et seq.
Title V of the Act, at section 5413,
includes a new authority requiring the
Secretary to submit to Congress on an
annual basis a report describing certain
characteristics of producers receiving
farm loans and aspects of the loans for
each State and county of the United
States, and to submit to Congress every
five years a comprehensive review of all
annual reports. This authority has been
delegated to the Under Secretary of
FPAC and redelegated to the
Administrator of FSA.
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Title VI of the Act, at section 6212,
includes a new authority requiring the
Secretary of Agriculture to consult with
the Assistant Secretary of Commerce for
Communications and Information to
assist in the verification of eligibility of
the broadband loan and grant programs
of the Department of Agriculture (7
U.S.C. 950bb–6). This rule revises the
delegations of authority for the Under
Secretary for Rural Development
(formerly the Assistant to the Secretary
for Rural Development) at 2.17 and the
delegations of authority for the
Administrator of the Rural Utilities
Service (RUS) at 2.47 to include this
authority.
Section 6302 of the Act is a new
provision directing the Secretary, in
coordination with the Office of Tribal
Relations, to provide technical
assistance to improve access by Tribal
entities to rural development programs
funded by the Department of
Agriculture through available
cooperative agreement authorities (7
U.S.C. 2671). This rule delegates this
authority to the Under Secretary for RD
at 2.17 and redelegates the authority to
the Administrators of RUS, the Rural
Business Cooperative Service (RBS), and
the Rural Housing Service (RHS) at 2.47,
2.48, and 2.49, respectively. It also
revises the delegations of authority to
the Director of OTR to reflect this new
authority.
Section 6504 of the Act makes
changes to the Rural Economic
Development Loan and Grant program
at sections 313 and 313B of the Rural
Electrification Act of 1936. The
authority to administer the grant
programs had previously been delegated
by the Under Secretary for RD to the
Administrator of RBS at 2.48, and the
general delegation of authority from the
Under Secretary for RD to the RUS
Administrator to administer the Rural
Electrification Act of 1936 at 2.47 had
expressly excluded the authority to
administer the rural economic
development loan and grant program.
This rule revises the general delegation
of authority to the RUS Administrator at
2.47(a)(1) to remove the exception for
the administration of the rural economic
development loan and grant program to
reflect the Secretary’s intent that the
RUS Administrator have delegated
authority for the program under the
Rural Electrification Act.
Subtitle A of Title VII of the Act adds
several sections to the National
Agricultural Research, Extension, and
Teaching Policy Act of 1977 that require
new delegations of authority. Section
7110 of the Act (7 U.S.C. 3158)
authorizes a next generation agriculture
technology challenge competition to
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incentivize mobile technology that
removes marketplace entry barriers for
beginning farmers and ranchers. Section
7116 of the Act (7 U.S.C. 2207d) directs
the Secretary to prepare an annual
report for Congress on disbursements of
funds for agricultural research and
extension at 1890 and 1862 Institutions
under specific program authorities.
Section 7117 (7 U.S.C. 3222a) authorizes
grants to 1890 Institutions for purposes
of awarding scholarships to individuals
pursuing careers in the food and
agricultural sciences, and section 7120
(7 U.S.C. 3222e) authorizes competitive
grants to land-grant colleges and
universities to provide support for
Tribal students. Section 7126 (7 U.S.C.
3310a) authorizes competitive grants for
the acquisition of special purpose
scientific research equipment for use in
the food and agricultural sciences
programs of eligible institutions. This
rule revises the delegations to reflect
that all these authorities are delegated to
the Under Secretary for REE and
redelegated to the Director of NIFA.
Section 7123 of the Act (7 U.S.C.
3292) authorizes the Secretary to carry
out several activities to promote
cooperation and coordination between
land grant institutions and international
partner institutions in developing
countries. This rule delegates the
authority to carry out this section to the
Administrator of the Agricultural
Research Service (ARS) at 2.65 and the
Director of NIFA, through the Under
Secretary for REE, in coordination with
the Administrator of FAS through the
Under Secretary for TFAA, on the
placement of interns from covered
institutions in developing countries.
Section 7132 of the Act (7 U.S.C.
3319k) establishes a new pilot program,
the Agriculture Advanced Research and
Development Authority (‘‘AGARDA’’),
which includes the authority to award
grants and enter into contracts,
cooperative agreements, and other
transactions. The authority to
administer the AGARDA program is
delegated to the Under Secretary for
REE.
Section 7212 of the Act (7 U.S.C.
5925g) authorizes the Secretary to make
competitive grants to support
development of urban, indoor, and other
emerging agricultural production
activities. This authority is delegated to
the NIFA Director through the Under
Secretary for REE. Section 7501 of the
Act amends two sections of the Critical
Agricultural Materials Act; this rule
updates the language accompanying the
existing delegations to the Under
Secretary for REE and NIFA Director for
these authorities codified at 7 U.S.C.
178–178n.
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Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Rules and Regulations
Section 7505 of the Act amends the
Research Facilities Act to authorize a
new competitive grant program to assist
in the construction, alteration,
acquisition, modernization, renovation,
or remodeling of agricultural research
facilities (7 U.S.C. 390b). This authority
is delegated to the Director of NIFA
through the Under Secretary for REE.
Section 7608 of the Act reauthorizes
the Agriculture Innovation Center
Demonstration Program under section
6402 of the Farm Security and Rural
Investment Act of 2002. This rule
revises the existing delegations of
authority to the Under Secretary for RD
at 2.17 and the Administrator, Rural
Business-Cooperative Service (RBS) at
2.48 to reflect that this authority has
been editorially reclassified from 7
U.S.C. 1621 note to 7 U.S.C. 1632b.
Section 7611 of the Act renames the
Agriculture Conservation Experienced
Services (ACES) program authorized
under section 1252 of the Food Security
Act of 1985 (16 U.S.C. 3851) the
‘‘Experienced Services Program’’ and
expands the authority to cover
technical, professional, and
administrative services to support the
Research, Education, and Economics
mission area of the Department. This
rule adds new delegations of authority
for the expanded program authority to
the Under Secretary for REE and NIFA.
Title VIII of the Act adds or amends
several authorities requiring new
delegations of authority. Section 8102
amends the Cooperative Forestry
Assistance Act of 1978 to establish a
competitive grant program to encourage
science-based restoration of priority
forest landscapes (16 U.S.C. 2109a).
This authority is covered by the existing
general delegations of authority to the
Under Secretary for Natural Resources
and Environment (NRE) and the Chief of
the Forest Service at 2.20 and 2.60,
respectively, to administer programs of
cooperative forestry assistance. This
rule revises the delegations of authority
for the Under Secretary for FPAC and
the Chief of NRCS to add an authority
for the program at 16 U.S.C. 2109a.
Section 8623 authorizes the Secretary
to lease administrative sites under the
Secretary’s jurisdiction. This rule
revises the general delegations of
authority to the Under Secretary for
NRE and the Chief of the FS to acquire
and dispose of Forest Service lands to
add leasing authority. This rule also
revises the delegations to the Under
Secretary for FPAC and the Chief of
NRCS to include the authority at
Section 8628 of the Act related to the
purchase of NRCS property in Riverside
County, California by the Riverside
Corona Resource Conservation District.
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The rule also delegates the new
authority under Section 8643 of the Act
to administer a wood innovation grant
program (7 U.S.C. 7655d) to the Under
Secretary for NRE and the Chief of the
Forest Service.
Section 8702 of the Act amends the
Secure Rural Schools and Community
Self-Determination Act of 2000 (16
U.S.C. 7125) to extend the Resource
Advisory Committee functions and
modify the membership requirements.
This rule revises the delegations of
authority to the Under Secretary for
NRE and the Chief of the Forest Service
to include the authority to administer
the Secure Rural Schools payments to
states program (16 U.S.C. 500; 16 U.S.C.
7101–7153); and to establish, maintain,
and appoint members to Resource
Advisory Committees (16 U.S.C. 7125).
The Secretary previously delegated the
authority to the Under Secretary for
NRE to appoint members to the Secure
Rural Schools Resource Advisory
Committees in a Secretary’s
Memorandum issued on November 28,
2019.
Title IX of the Act at section 2009
amended the biobased market program
authority at section 9002 of the Farm
Security and Rural Investment Act of
2002 (7 U.S.C. 8102) to direct the
Secretary to administer the program
through the Rural Development mission
area, with the exception of the authority
at subsection (g) related to the Forest
Products Laboratory. This rule adds new
delegations to the Under Secretary for
RD and the Administrator of RBS to
carry out this program and revokes the
delegations of authority for this program
for the Assistant Secretary for
Administration and the Director, Office
of Property and Fleet Management at
2.24 and 2.90. The delegated authority
to the Under Secretary for RD and the
Administrator of RBS to implement the
biobased market program includes the
authority to administer and amend the
regulations related to this program
currently located at 7 CFR parts 3201
and 3202.
Section 9011 of the Act establishes a
carbon utilization and biogas education
program. This rule adds a delegation of
authority for Administrator of NIFA,
through the Under Secretary for REE, to
administer this new competitive grant
program (7 U.S.C. 8115).
Section 10102 of the Act establishes a
new Local Agriculture Market Program
authority that combines the Farmers’
Market and Local Food Promotion
Program formerly located at 7 U.S.C.
3005 and the value-added agricultural
product market development grants
formerly located at 7 U.S.C. 1632a(b).
The delegations of authority are revised
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to reflect that the Local Agriculture
Market Program at 7 U.S.C. 1627c will
be administered on a coordinated basis
by the Under Secretary for RD,
Administrator, RBS, Under Secretary for
MRP, and Administrator, AMS.
The delegations of authority of the
Chief Economist (2.29) and the Director
of the Office of Pest Management Policy
(OPMP) (2.75) are revised to include the
new authority at Section 10103 of the
Act to conduct a multiple crop and
pesticide use survey.
Section 12105 of the Act amended the
authority for the National Aquatic
Health Plan under section 11013 of the
Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8322). This rule amends
the delegations of the Under Secretary
of MRP and the Administrator of the
Animal and Plant Health Inspection
Service (APHIS) (2.80) to include this
cooperative agreement authority.
Title XII provides two new authorities
that are delegated to the Under
Secretary for MRP and the
Administrator of AMS: Section 12108
(Regional Cattle and Carcass Grading
Correlation and Training Centers) and
section 12513 (Dairy Business
Innovation Initiatives).
Sections 12201 and 12202 of the Act
move the authority for the Office of
Homeland Security (OHS) from section
14111 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8911) to
subtitle A of the Department of
Agriculture Reorganization Act of 1994
(7 U.S.C. 6922) and update the statutory
authorities of OHS, including adding an
agriculture and food threat awareness
partnership program. OHS remains
organizationally located in
Departmental Administration, and this
rule revises the delegations of the
Assistant Secretary for Administration
(ASA) at 2.24 and the Director, OHS at
2.95 to reflect the updated authorities in
section 12202 of the Act.
Section 12203 of the Act (7 U.S.C.
8914) provides authority for responding
to plant and animal diseases or pests of
concern. This rule delegates authority
under 12203(b) to the Under Secretary
for MRP and the APHIS Administrator;
delegates authority under 12203(c) to
the Under Secretary for REE and the
NIFA Administrator; and delegates
authority under 12203(d) to the Under
Secretary for REE and the ARS
Administrator.
Section 12301 of the Act moves the
authority for the beginning farmer and
rancher development program
established under section 7405 of the
Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 3319f) to section 2501
of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 2279)
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under the newly established ‘‘Farmer
Opportunities Training and Outreach’’
subheading. This rule revises the
delegations of the Under Secretary for
REE and the NIFA Administrator to
update the citation for the beginning
farmer and rancher development
program, which continues to be
administered by NIFA. This rule also
revises the delegations of authority for
the Director of OPPE and the Director of
the Office of Advocacy and Outreach
(OAO) to include updated citations for
the 2501 programs (7 U.S.C. 2279).
Section 12302 of the Act amends the
Department of Agriculture
Reorganization Act of 1994 to include
an Office of Urban Agriculture and
Innovative Production (7 U.S.C. 6923).
The Secretary established this office in
the FPAC mission area, under the Chief
of NRCS, in Secretary’s Memorandum
1076–030. This rule revises the
delegations of the Under Secretary for
FPAC and the Chief, NRCS to include
the authority to carry out the duties of
this office.
This rule revises the delegations of
authority for the Director of OTR to
include the authority to oversee the
Tribal Advisory Committee established
under Section 12303 of the Act as an
amendment to section 309 of the
Department of Agriculture
Reorganization Act of 1994.
Title XII of the Act authorized the
Secretary to create five new coordinator
positions in the Department, which the
Secretary established in SM 1076–030.
This rule revises the delegations of
authority to include the authority to
carry out the duties of these positions as
follows: The Under Secretary for FPAC
and the Administrator, FSA (Section
12304, Beginning Farmer and Rancher
Coordinator); the Director, OPPE
(Section 12305, Agricultural Youth
Coordinator); the Under Secretary for
RD (Section 12409, Rural Health
Liaison); the Chief Economist (Section
12504, Food Loss and Waste Reduction
Liaison); and the Under Secretary for
FNCS and the Administrator, FNS
(Section 12614, Food Access Liaison).
Section 12403(a) of the Act requires
the Secretary to conduct civil rights
impact analyses in accordance with
Departmental Regulation 4300–004
issued on October 17, 2016, with respect
to the Department’s employment,
federally conducted programs and
activities, and federally assisted
programs and activities. This authority
is delegated to the Assistant Secretary
for Civil Rights at 2.25.
Section 12411 of the Act amends
section 251 of the Department of
Agriculture Reorganization Act of 1994
to update the name of the Research,
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Education, and Extension Office to the
Office of the Chief Scientist, along with
other amendments and corrections. This
rule revises the delegations of authority
to the Director, Office of the Chief
Scientist at 2.69 to reflect the updated
title.
This rule revises the delegations of
authority for the Under Secretary of RD
at 2.17 and the Administrator of the
Rural Housing Service (RHS) at 2.49 to
include the new authority of the
Secretary at Section 12502 of the Act, in
consultation with the Department of
Justice, Secretary of Housing and Urban
Development, and Secretary of Health
and Human Services, to administer the
emergency and transitional pet shelter
and housing assistance grant program
(34 U.S.C. 20127).
Section 12508 of the Act establishes a
program for recognizing ‘‘century
farms,’’ defined as farms that have been
in continuous operation and owned by
the same family for at least 100 years.
This authority is delegated to the Under
Secretary of FPAC and, at 2.41, to the
Chief Operating Officer of the FPAC
Business Center.
Section 12510 of the Act codifies the
Tribal Promise Zones program. This
authority is delegated to the Director of
OPPE at 2.38.
Section 12511 of the Act establishes a
Task Force for Reviewing the
Connectivity and Technology Needs of
Precision Agriculture in the United
States. The Secretary’s authority under
this section is delegated to the Under
Secretary for RD and the Administrator
of RUS.
This rule revises the delegations of
authority to the Chief Economist at 2.29
and the Chairman of the World
Agricultural Outlook Board at 2.72 to
include the Secretary’s authority under
Section 12512 of the Act related to
improving the accuracy of the U.S.
Drought Monitor.
This rule also revises the delegations
of authority to the Under Secretary of
MRP and the Administrator, AMS to
include the Secretary’s authority under
Section 12513 of the Act to carry out
dairy business innovation initiatives.
This rule revises the existing
delegations of the Under Secretary for
NRE and the Chief of the Forest Service
to administer the Public Lands Corps
program to include the new direct hire
authority of the Secretary under Section
12518 of the Act (16 U.S.C. 1726b).
Section 12519 of the Act authorizes
the Secretary to noncompetitively
convert to an appointment in the
competitive service a recent graduate or
student who is a United States citizen
and has been awarded and successfully
completed a scholarship program
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granted to the individual by the
Department through the 1890 National
Scholars Program or the 1994 Tribal
Scholars Program. This authority is
delegated to the ASA at 2.24.
Section 12520 of the Act authorizes
the Department to employ law
enforcement officers or special agents to
carry out protection operations for the
Secretary, Deputy Secretary, and other
specified individuals, and authorizes
the law enforcement officers or special
agents to carry firearms and make
arrests without a warrant for any offense
against the United States committed in
the presence of the law enforcement
officer or special agent, among other
duties. The Secretary delegates the
authority to administer these protective
detail activities to the Chief Security
Director of the newly established Office
of Safety, Security and Protection
(OSSP) at 2.94 through the ASA.
The rule revises the delegations of
authority of the Under Secretary for
MRP and the APHIS Administrator to
include the authority at Section 12601
of the Act relating to baiting of
migratory game birds.
Section 12605 of the Act establishes a
Citrus Trust Fund, funded by transfers
from the Commodity Credit
Corporation, to carry out the Emergency
Citrus Disease Research and Extension
Program under section 412(j) of the
Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C.
7632(j). The authority to administer the
Citrus Trust Fund comes within the
scope of the existing delegation to the
Under Secretary of REE and the
Administrator of NIFA to administer the
Specialty Crop Research Initiative, so no
revisions to the published delegations
are needed.
Section 12607(b) of the Act authorizes
the Secretary to collect and report data
and analysis on farmland ownership,
tenure, transition, and entry of
beginning farmers and ranchers and
socially disadvantaged farmers and
ranchers. This authority is delegated to
the Administrator of the National
Agricultural Statistics Service (NASS)
through the Under Secretary for REE.
Finally, Section 12612 of the Act
authorizes the Secretary to carry out a
national agriculture imagery program,
and Section 12615 authorizes the
Secretary to provide farm loan numbers
for farm operators on ‘‘heirs property,’’
as defined by the Uniform Partition of
Heirs Property Act. This rule revises the
delegations to reflect that these
authorities have been delegated to the
Under Secretary for FPAC and the FSA
Administrator.
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C. Office of Safety, Security, and
Protection
Authority to Other General Officers and
Agency Heads.
On September 13, 2019, the Secretary
established a new Office of Safety,
Security, and Protection (OSSP) within
Departmental Administration. See SM
1076–032 available at https://
www.ocio.usda.gov/document/sm1076032-office-safety-security-andprotection-091319. OSSP is headed by a
Chief Security Director who reports to
the ASA. This rule adds a new section
of delegations by the ASA to the Chief
Security Director, OSSP at 2.94. In
addition to the delegation for the
protective services detail authorized by
Section 12520 of the Act, described
above, this rule also reflects that the
following delegations of authority have
been transferred to the Chief Security
Director, OSSP: The delegations of the
ASA previously delegated to the
Director of OHS at 2.95 concerning the
protection of physical facilities, and the
delegations of the ASA previously
delegated to the Director of the Office of
Operations at 2.96 concerning
maintenance of the physical security
program at USDA facilities in the
National Capital Region.
E. Office of Customer Experience
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D. Realignment of the Office of the Chief
Information Officer and the
Departmental Freedom of Information
Act (FOIA) Office
In September 2019, the Secretary
realigned the Office of the Chief
Information Officer (OCIO) from its
previous organizational location in the
Departmental Administration mission
area, under the supervision of the ASA,
to report directly to the Office of the
Secretary. See SM 1076–034 available at
https://www.ocio.usda.gov/document/
secretarys-memorandum-1076-034. The
Secretary also transferred the
Departmental Freedom of Information
Act (FOIA) Office from OCIO to the
Office of the General Counsel (OGC) and
designated the General Counsel as the
Chief FOIA Officer. See SM 1076–033
available at https://www.ocio.usda.gov/
document/secretarys-memorandum1076-033.
This rule accordingly reassigns the
delegations of authority related to FOIA
previously delegated to the ASA in 2.24
to the General Counsel in 2.31. The
delegations of authority to the ASA
related to information technology and
information resources are removed. The
delegations of authority to the Chief
Information Officer, previously located
at 2.89 under Subpart P—Delegations of
Authority by the Assistant Secretary for
Administration, are now located at 2.32
under Subpart D—Delegations of
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In February 2018, the Secretary
established an Office of Customer
Experience in the Departmental
Administration mission area to provide
coordination for efforts to improve
customer service across the Department.
See SM 1076–022 available at https://
www.ocio.usda.gov/document/
secretarys-memorandum-1076-022. This
authority was extended in Secretary’s
Memorandum 1076–030 on July 1, 2019.
This rule adds a new delegation for the
ASA to coordinate efforts to improve
customer service to reflect that the
Office of Customer Experience is under
the purview of Departmental
Administration.
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
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.
2. In part 2, revise all references to
‘‘Assistant to the Secretary for Rural
Development’’ to read ‘‘Under Secretary
for Rural Development’’.
■
F. Miscellaneous Revisions
Subpart A—General
In 2017, the Office of the Law
Revision Council editorially reclassified
several sections of the U.S. Code
formerly located at 7 U.S.C. 450a et seq.
to other locations in Title 7 of the U.S.
Code. This rule revises citations
throughout Part 2 to reflect the current
U.S. Code citations for these sections, to
correct other outdated or mistaken
citations, and to delete obsolete
authorities. Due to the number of
updates to the statutory citations for
authorities delegated to the Forest
Service and the need to renumber
paragraphs, this rule revises the full text
of the delegations of the Under
Secretary for NRE at 2.20(a)(2) and the
Chief of the Forest Service at 2.60(a)
rather than providing individual
amendments.
■
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.).
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3. Section 2.4 is revised to read as
follows:
§ 2.4
General officers.
The work of the Department is under
the supervision and control of the
Secretary who is assisted by the
following general officers: The Deputy
Secretary, the Under Secretary for Farm
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
Rural Development; 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 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
4. Amend § 2.16 by:
a. In paragraph (a)(1)(ix), removing the
term ‘‘7 U.S.C. 450j et seq.’’ and adding,
in its place, the term ‘‘7 U.S.C. 4551 et
■
■
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seq.’’, and in paragraph (a)(1)(xviii),
removing the term ‘‘16 U.S.C. 1231 et
seq.’’ and adding, in its place, the term
‘‘16 U.S.C. 3831 et seq.’’;
■ b. Revising paragraph (a)(1)(xxxvi)
introductory text;
■ c. Adding paragraph (a)(1)(xxxix);
■ d. Revising paragraph (a)(3)(iii)
introductory text;
■ e. Revising paragraphs (a)(3)(iv)(A)
and (a)(3)(v) and (xiii);
■ f. Adding paragraphs (a)(3)(xviii),
(xxvi), and (xxvii) and (a)(4)(x);
■ g. Revising paragraph (a)(7)(xiv); and
■ h. Adding paragraph (a)(11).
The revisions and additions to read as
follows:
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§ 2.16 Under Secretary for Farm
Production and Conservation.
(a) * * *
(1) * * *
(xxxvi) Administer the following
provisions of the Agricultural Act of
2014, Public Law 113–79, as amended:
*
*
*
*
*
(xxxix) Administer the following
provisions of the Agriculture
Improvement Act of 2018, Public Law
116–334:
(A) Section 5413 relating to reporting
on farm loans (7 U.S.C. 2008x).
(B) Section 12304 relating to the
National Beginning Farmer and Rancher
Coordinator (7 U.S.C. 6934a).
(C) Section 12612 relating to a
national agriculture imagery program (7
U.S.C. 2204j).
(D) Section 12615 relating to the
eligibility for farm operators on heirs’
property to obtain a farm loan number
(7 U.S.C. 2266b).
*
*
*
*
*
(3) * * *
(iii) Administer the basic program of
soil and water conservation under
Public Law 74–46, and related laws (16
U.S.C. 590a–f, q, q–1; 42 U.S.C. 3271–
3274; 7 U.S.C. 2201), including:
*
*
*
*
*
(iv) * * *
(A) The eleven authorized watershed
projects authorized under the Flood
Control Act of 1944 (Pub. L. 78–534);
*
*
*
*
*
(v) 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 those responsibilities
assigned to the Under Secretary for
Natural Resources and Environment.
*
*
*
*
*
(xiii) Except as otherwise delegated,
administer natural resources
conservation authorities, including
authorities related to programs of the
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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
1211–1224 of the Act (16 U.S.C. 3811–
3824).
(B) Technical assistance related to the
Conservation Reserve Program
authorized by sections 1231–1235 of the
Act (16 U.S.C. 3831–3835).
(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)
prior to February 7, 2014, the transition
authority under section 2703 of the
Agricultural Act of 2014, and the
Emergency Supplemental
Appropriations for Relief from the
Major, Widespread Flooding in the
Midwest Act (Pub. L. 103–75).
(D) The Conservation Security
Program authorized by sections 1238–
1238C of the Act (16 U.S.C. 3838–3838c)
and the Conservation Stewardship
Program authorized by sections 1240I–
1240L–1 (16 U.S.C. 3839aa–21—
3839aa–25).
(E) The Farmland Protection Program
authorized by sections 1238H–1238I of
the Act (16 U.S.C. 3838h–3838i) prior to
February 7, 2014, and the transition
authority under section 2704 of the
Agricultural Act of 2014.
(F) The Farm Viability Program
authorized by section 1238J of the Act
(16 U.S.C. 3838j) prior to February 7,
2014, and the transition authority under
section 2704 of the Agricultural Act of
2014.
(G) The Environmental Quality
Incentives Program authorized by
sections 1240–1240H of the Act (16
U.S.C. 3839aa–3839aa–8), the
Agricultural Water Enhancement
Program authorized by section 1240H of
the Act (16 U.S.C. 3839aa–9) prior to
February 7, 2014, and section 2706 of
the Agricultural Act of 2014.
(H) The conservation of private
grazing lands authorized by section
1240M of the Act (16 U.S.C. 3839bb).
(I) The Wildlife Habitat Incentives
Program authorized by section 1240N of
the Act (16 U.S.C. 3839bb–1) prior to
February 7, 2014 and Section 2707 of
the Agricultural Act of 2014.
(J) 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) prior to
February 7, 2014, and section 2708 of
the Agricultural Act of 2014.
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65505
(K) The Chesapeake Bay Watershed
Program authorized by section 1240Q of
the Act (16 U.S.C. 3839bb–4) prior to
February 7, 2014, and section 2709 of
the Agricultural Act of 2014.
(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) prior
to February 7, 2014, and section 2710 of
the Agricultural Act of 2014.
(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) prior to
February 7, 2014, and section 2705 of
the Agricultural Act of 2014.
(R) The authority in section 1241 of
the Act (16 U.S.C. 3841) to accept and
use voluntary contributions of nonFederal funds in support of natural
resources conservation programs under
subtitle D of title XII of the Act with
respect to authorities delegated to the
Under Secretary for 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 of the Act (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)).
*
*
*
*
*
(xviii) Enter into cooperative
agreements, which may provide for the
acquisition of goods or services,
including personal services, as
authorized by Public Law 106–387 (7
U.S.C. 6962a).
*
*
*
*
*
(xxvi) Administer the state and
private forest landscape-scale
restoration program (16 U.S.C. 2109a).
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(xxvii) Administer the following
provisions of the Agriculture
Improvement Act of 2018 (Pub. L. 116–
334):
(A) Section 1704 (7 U.S.C. 1308–3a),
authorizing waivers of the adjusted
gross income limitation.
(B) In consultation with the Director
of the U.S. Fish and Wildlife Service,
Section 2707 (16 U.S.C. 1531 note),
relating to wildlife management.
(C) In coordination with the Under
Secretary for Marketing and Regulatory
Programs, Section 2408 (7 U.S.C. 8351
note), relating to the Feral Swine
Eradication and Control Pilot Program.
(D) Section 8628, relating to the
purchase of Natural Resources
Conservation Service property in
Riverside County, California.
(E) Section 12302, relating to the
Office of Urban Agriculture and
Innovative Production.
*
*
*
*
*
(4) * * *
(x) Coordinate between agencies of
the Department on the type and format
of data received under the noninsured
crop disaster assistance program as
authorized by Sec. 196 of the Federal
Agriculture Improvement and Reform
Act of 1996, (Pub. L. 104–127, as
amended) (7 U.S.C. 7333).
*
*
*
*
*
(7) * * *
(xiv) Section 122 of the Act (42 U.S.C.
9622), with respect to settlements, but
excluding section 122(b)(1) of the Act.
*
*
*
*
*
(11) Administer a Century Farms
Program as authorized by section 12508
of the Agriculture Improvement Act of
2018 (7 U.S.C. 2266a).
*
*
*
*
*
■ 5. Amend § 2.17 by:
■ a. Adding paragraphs (a)(20)(x) and
(xv);
■ b. Revising paragraphs (a)(21)(xxi) and
(xxii); and
■ c. Adding paragraph (a)(21)(xxviii)
and (xxix), (a)(22)(iii), (a)(28), and
(a)(32).
The revisions and additions read as
follows:
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§ 2.17 Under Secretary for Rural
Development.
(a) * * *
(20) * * *
(x) Consult with the Assistant
Secretary of Commerce for
Communications and Information to
assist in the verification of eligibility of
the broadband loan and grant programs
of the Department of Agriculture (7
U.S.C. 950bb–6).
*
*
*
*
*
(xv) In coordination with the Federal
Communications Commission,
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administer Section 12511 of the
Agriculture Improvement Act of 2018
(Pub. L. 115–334) relating to the
precision agriculture connectivity task
force.
(21) * * *
(xxi) In coordination with the Under
Secretary of Marketing and Regulatory
Programs, administer the value-added
producer grants program and farmers’
markets and local food promotion
program (7 U.S.C. 1627c(d)(5)–(6)).
(xxii) Administer the Agriculture
Innovation Center Demonstration
program (7 U.S.C. 1632b).
*
*
*
*
*
(xxviii) 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).
(xxix) 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).
(22) * * *
(iii) In consultation with the
Department of Justice, Secretary of
Housing and Urban Development, and
Secretary of Health and Human
Services, administer the emergency and
transitional pet shelter and housing
assistance grant program (34 U.S.C.
20127).
*
*
*
*
*
(28) In coordination with the Office of
Tribal Relations, provide technical
assistance to improve access by Tribal
entities to rural development programs
funded by the Department of
Agriculture through available
cooperative agreement authorities (7
U.S.C. 2671).
*
*
*
*
*
(32) Oversee the Rural Health Liaison
(7 U.S.C. 6946).
*
*
*
*
*
■ 6. Amend § 2.19 by revising paragraph
(a)(1)(i)(A), adding paragraphs
(a)(1)(i)(M) and (N), and revising
paragraph (a)(1)(ii)(L) to read as follows:
§ 2.19 Under Secretary for Food, Nutrition,
and Consumer Services.
(a) * * *
(1) * * *
(i) * * *
(A) The Food and Nutrition Act of
2008, as amended (7 U.S.C. 2011 et
seq.), except for section 25, regarding
assistance for community food projects.
*
*
*
*
*
(M) Section 4208 of the Agriculture
Improvement Act of 2018 (7 U.S.C.
2026a).
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(N) Section 12614 of the Agriculture
Improvement Act of 2018 (7 U.S.C.
6925).
(ii) * * *
(L) Emergency Food Assistance Act of
1983, as amended (7 U.S.C. 7501 et
seq.);
*
*
*
*
*
■ 7. Amend § 2.20 by revising paragraph
(a)(2) to read as follows:
§ 2.20 Under Secretary for Natural
Resources and Environment.
(a) * * *
(2) Related to forestry. (i) Provide
national leadership in forestry. (As used
here and elsewhere in this section, the
term ‘‘forestry’’ encompasses renewable
and nonrenewable resources of forests,
including lands governed by the Alaska
National Interest Lands Conservation
Act, forest-related rangeland, grassland,
brushland, woodland, and alpine areas
including but not limited to recreation,
range, timber, minerals, watershed,
wildlife and fish; natural scenic,
scientific, cultural, and historic values
of forests and related lands; and
derivative values such as economic
strength and social well-being).
(ii) Protect, manage, and administer
the national forests, national forest
purchase units, national grasslands, and
other lands and interests in lands
administered by the Forest Service,
which collectively are designated as the
National Forest System.
(iii) Acquire, dispose of, and lease
lands and interests in lands as may be
authorized for the protection,
management, and administration of the
National Forest System, including the
authority to approve acquisition of land
under the Weeks Act of March 1, 1911,
as amended (16 U.S.C. 521), and special
forest receipts acts, as follows: (Pub. L.
337, 74th Cong., 49 Stat. 866, as
amended by Pub. L. 310, 78th Cong., 58
Stat. 227; Pub. L. 505, 75th Cong., 52
Stat. 347, as amended by Pub. L. 310,
78th Cong., 58 Stat. 227; Pub. L. 634,
75th Cong., 52 Stat. 699, as amended by
Pub. L. 310, 78th Cong., 58 Stat. 227;
Pub. L. 748, 75th Cong., 52 Stat. 1205,
as amended by Pub. L. 310, 78th Cong.,
58 Stat. 227; Pub. L. 427, 76th Cong., 54
Stat. 46; Pub. L. 589, 76th Cong., 54 Stat.
297; Pub. L. 591, 76th Cong., 54 Stat.
299; Pub. L. 637, 76th Cong., 54 Stat.
402; Pub. L. 781, 84th Cong., 70 Stat.
632).
(iv) As necessary for administrative
purposes, divide into and designate as
national forests any lands of 3,000 acres
or more which are acquired under or
subject to the Weeks Act of March 1,
1911, as amended, and which are
contiguous to existing national forest
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boundaries established under the
authority of the Weeks Act.
(v) Plan and administer wildlife and
fish conservation rehabilitation and
habitat management programs on
National Forest System lands, pursuant
to 16 U.S.C. 670g, 670h, and 670o.
(vi) For the purposes of the National
Forest System Drug Control Act of 1986
(16 U.S.C. 559b–559g), specifically
designate certain specially trained
officers and employees of the Forest
Service, not exceeding 500, to have
authority in the performance of their
duties within the boundaries of the
National Forest System:
(A) To carry firearms;
(B) To enforce and conduct
investigations of violations of section
401 of the Controlled Substance Act (21
U.S.C. 841) and other criminal
violations relating to marijuana and
other controlled substances that are
manufactured, distributed, or dispensed
on National Forest System lands;
(C) To make arrests with a warrant or
process for misdemeanor violations, or
without a warrant for violations of such
misdemeanors that any such officer or
employee has probable cause to believe
are being committed in that employee’s
presence or view, or for a felony with
a warrant or without a warrant if that
employee has probable cause to believe
that the person being arrested has
committed or is committing such a
felony;
(D) To serve warrants and other
process issued by a court or officer of
competent jurisdiction;
(E) To search, with or without a
warrant or process, any person, place, or
conveyance according to Federal law or
rule of law; and
(F) To seize, with or without warrant
or process, any evidentiary item
according to Federal law or rule of law.
(vii) Authorize the Forest Service to
cooperate with the law enforcement
officials of any Federal agency, State, or
political subdivision, in the
investigation of violations of, and
enforcement of, section 401 of the
Controlled Substances Act (21 U.S.C.
841), other laws and regulations relating
to marijuana and other controlled
substances, and State drug control laws
or ordinances, within the boundaries of
the National Forest System.
(viii) Administer programs under
section 23 of the Federal Highway Act
(23 U.S.C. 101(a), 120(f), 125(a)–(c), 138,
202(a)–(b), 203, 204(a)–(c), 205(a)–(d),
211, 317, 402(a)).
(ix) Exercise the administrative appeal
review functions of the Secretary of
Agriculture for decisions of the Chief of
the Forest Service pursuant to 36 CFR
parts 214, 218, and 219.
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(x) Conduct, support, and cooperate
in investigations, experiments, tests,
and other activities deemed necessary to
obtain, analyze, develop, demonstrate,
and disseminate scientific information
about protecting, managing, and
utilizing forest and rangeland renewable
resources in rural, suburban, and urban
areas in the United States and foreign
countries. The activities conducted,
supported, or cooperated in shall
include, but not be limited to:
Renewable resource management
research, renewable resource
environmental research; renewable
resource protection research; renewable
resource utilization research, and
renewable resource assessment research
(16 U.S.C. 1641–1647).
(xi) Use authorities and means
available to disseminate the knowledge
and technology developed from forestry
research (16 U.S.C. 1645).
(xii) Coordinate activities with other
agencies in USDA, other Federal and
State agencies, forestry schools, and
private entities and individuals (16
U.S.C. 1643).
(xiii) Enter into contracts, grants, and
cooperative agreements for the support
of scientific research in forestry
activities (7 U.S.C. 3105, 1624; 16 U.S.C.
582a–8, 1643–1645, 1649).
(xiv) Enter into cooperative research
and development agreements with
industry, universities, and others;
institute a cash award program to
reward scientific, engineering, and
technical personnel; award royalties to
inventors; and retain and use royalty
income (15 U.S.C. 3710a–3710c).
(xv) Enter into contracts, grants, or
cooperative agreements to further
research, extension, or teaching
programs in the food and agricultural
sciences (7 U.S.C. 3152, 3318).
(xvi) Enter into cost-reimbursable
agreements relating to agricultural
research, extension, or teaching
activities (7 U.S.C. 3319a).
(xvii) Administer programs of
cooperative forestry assistance in the
protection, conservation, and multiple
resource management of forests and
related resources in both rural and
urban areas and forest lands in foreign
countries (16 U.S.C. 2101–2114).
(xviii) Provide assistance to States and
other units of government in forest
resources planning and forestry rural
revitalization (7 U.S.C. 6601, 6611–
6617; 16 U.S.C. 2107).
(xix) Conduct a program of technology
implementation for State forestry
personnel, private forest landowners
and managers, vendors, forest operators,
public agencies, and individuals (16
U.S.C. 2107).
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(xx) Administer Rural Fire Protection
and Control Programs (16 U.S.C. 2106c).
(xxi) Provide technical assistance on
forestry technology or the
implementation of the Conservation
Reserve and Softwood Timber Programs
authorized in sections 1231–1244 and
1254 of the Food Security Act of 1985
(16 U.S.C. 3831–3844; 7 U.S.C. 1981
note).
(xxii) Administer forest insect,
disease, and other pest management
programs (16 U.S.C. 2104).
(xxiii) Exercise the custodial
functions of the Secretary for lands and
interests in lands under lease or contract
of sale to States and local agencies
pursuant to title III of the Bankhead–
Jones Farm Tenant Act and administer
reserved and reversionary interests in
lands conveyed under that Act (7 U.S.C.
1010–1013a).
(xxiv) Under such general program
criteria and procedures as may be
established by the Natural Resources
Conservation Service:
(A) Administer the forestry aspects of
the programs listed in paragraphs
(a)(2)(xxiii)(A)(1) through (3) of this
section on the National Forest System,
rangelands with national forest
boundaries, adjacent rangelands which
are administered under formal
agreement, and other forest lands;
(1) The cooperative river basin
surveys and investigations program (16
U.S.C. 1006);
(2) The Eleven Authorized Watershed
Improvement Programs and Emergency
Flood Prevention Measures Program
under the Flood Control Act of 1944
(Pub. L. 78–534); and
(3) The Small Watershed Protection
Program under the Pilot Watershed
Protection and Watershed Protection
and Flood Prevention Acts (7 U.S.C.
701a–h; 16 U.S.C. 1001–1009); and
(B) Exercise responsibility in
connection with the forestry aspects of
the Resource Conservation and
Development Program authorized by
title III of the Bankhead-Jones Farm
Tenant Act (7 U.S.C. 1011(e)).
(xxv) Provide assistance to the Farm
Service Agency in connection with the
Agricultural Conservation Program, the
Naval Stores Conservation Program, and
the Cropland Conversion Program (16
U.S.C. 590g–q).
(xxvi) Provide assistance to the Rural
Housing Service in connection with
grants and loans under authority of
section 303 of the Consolidated Farm
and Rural Development Act, 7 U.S.C.
1923.
(xxvii) Coordinate mapping work of
USDA including:
(A) Clearing mapping projects to
prevent duplication;
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(B) Keeping a record of mapping done
by USDA agencies;
(C) Preparing and submitting required
USDA reports;
(D) Serving as liaison on mapping
with the Office of Management and
Budget, Department of Interior, and
other departments and establishments;
(E) Promoting interchange of technical
mapping information, including
techniques which may reduce costs or
improve quality; and
(F) Maintaining the mapping records
formerly maintained by the Office of
Operations.
(xxviii) Administer the radio
frequency licensing work of USDA,
including:
(A) Representing USDA on the
Interdepartmental Radio Advisory
Committee and its Frequency
Assignment Subcommittee of the
National Telecommunications and
Information Administration,
Department of Commerce;
(B) Establishing policies, standards,
and procedures for allotting and
assigning frequencies within USDA and
for obtaining effective utilization of
them;
(C) Providing licensing action
necessary to assign radio frequencies for
use by the agencies of USDA and
maintenance of the records necessary in
connection therewith;
(D) Providing inspection of USDA’s
radio operations to ensure compliance
with national and international
regulations and policies for radio
frequency use; and
(xxix) Represent USDA in all matters
relating to responsibilities and
authorities under the Federal Power Act
(16 U.S.C. 791a–823).
(xxx) Administer the Youth
Conservation Corps Act (16 U.S.C.
1701–1706) for USDA.
(xxxi) Establish and operate the Job
Corps Civilian Conservation Centers on
National Forest System lands as
authorized by title I, sections 106 and
107 of the Economic Opportunity Act of
1964 (42 U.S.C. 2716), in accordance
with the terms of an agreement dated
May 11, 1967, between the Secretary of
Agriculture and the Secretary of Labor;
and administration of other cooperative
manpower training and work experience
programs where the Forest Service
serves as host or prime sponsor with
other Departments of Federal, State, or
local governments.
(xxxii) Administer the Volunteers in
the National Forests Act of 1972 (16
U.S.C. 558a–558d, 558a note).
(xxxiii) Exercise the functions of the
Secretary of Agriculture authorized in
the Alaska National Interest Lands
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Conservation Act (16 U.S.C. 3101–
3215).
(xxxiv) Exercise the functions of the
Secretary as authorized in the Wild and
Scenic Rivers Act (16 U.S.C. 1271–
1287).
(xxxv) Jointly administer gypsy moth
eradication activities with the Assistant
Secretary for Marketing and Regulatory
Programs, under the authority of section
102 of the Organic Act of 1944, as
amended; and the Act of April 6, 1937,
as amended (7 U.S.C. 7759, 148, 148a–
148e); and the Talmadge Aiken Act (7
U.S.C. 1633), by assuming primary
responsibility for treating isolated gypsy
moth infestations on Federal lands, and
on State and private lands contiguous to
infested Federal lands, and any other
infestations over 640 acres on State and
private lands.
(xxxvi) Exercise the functions of the
Secretary authorized in the Federal
Onshore Oil and Gas Leasing Reform
Act of 1987 (30 U.S.C. 226 et seq.).
(xxxvii) Administer the Public Lands
Corps program (16 U.S.C. 1721 et seq.;
16 U.S.C. 1726b) for USDA consistent
with the Department’s overall national
service program.
(xxxviii) Focusing on countries that
could have a substantial impact on
global warming, provide assistance that
promotes sustainable development and
global environmental stability; share
technical, managerial, extension, and
administrative skills; provide education
and training opportunities; engage in
scientific exchange; and cooperate with
domestic and international
organizations that further international
programs for the management and
protection of forests, rangelands,
wildlife, fisheries and related natural
resources (16 U.S.C. 4501–4505).
(xxxix) Establish programs with any
bureau of the U.S. Department of the
Interior (DOI), or with other agencies
within USDA, in support of the Service
First initiative for the purpose of
promoting customer service and
efficiency including delegating to
employees of DOI and other USDA
agencies the authorities of the Forest
Service necessary to carry out projects
on behalf of USDA (43 U.S.C. 1703).
(xl) At the request of the Director,
Homeland Security Staff (Director),
designate law enforcement personnel of
the Forest Service to assist the Director
in providing for the personal security
for the Secretary and the Deputy
Secretary in the National Forest System.
(xli) Implement the information
disclosure authorities of section
1619(b)(3)(A) of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C.
8791(b)(3)(A)).
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(xlii) Administer a program for
providing loans to eligible units of local
government to finance the purchase of
equipment to monitor, remove, dispose
of, and replace infested trees located
under their jurisdiction and within the
borders of quarantined areas (16 U.S.C.
2104a).
(xliii) [Reserved]
(xliv) Administer the community
wood energy program providing grants
to develop community wood energy
plans, acquire or upgrade community
wood energy systems, and establish or
expand biomass consumer cooperatives
(7 U.S.C. 8113).
(xlv) Conduct activities that assist the
Chief Economist in developing
guidelines regarding the development of
environmental services markets.
(xlvi) Administer the programs
authorized by the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6501
et seq.), except for the Healthy Forests
Reserve Program authorized in title V of
such act (16 U.S.C. 6571–6578).
(xlvii) Administer Good Neighbor
contracts and cooperative agreements
with a State to carry out forest,
rangeland, and watershed restoration
services on National Forest System
lands (16 U.S.C. 2113a).
(xlviii) Utilize the Agriculture
Conservation Experienced Services
(ACES) Program (16 U.S.C. 3851) to
provide technical services for
conservation-related programs and
authorities carried out on National
Forest System lands (16 U.S.C. 3851a).
(xlix) Enter into reciprocal fire
agreements or contracts with domestic
entities. Administer reimbursements
received for fire suppression (42 U.S.C.
1856–1856e).
(l) Administer the large airtanker and
aerial asset lease program (16 U.S.C.
551c).
(li) Provide technical and other
assistance with respect to eligibility of
forest products for the ‘‘USDA Certified
Biobased Products’’ labeling program (7
U.S.C. 8102(g)).
(lii) Cooperate with public or private
entities or individuals to perform work
on state, county, municipal, or private
lands within or near the boundary of
National Forest System lands for
administration, protection,
improvement, reforestation, and other
kinds of work the Forest Service is
authorized to do on National Forest
System lands, and cooperate with
public or private entities or individuals
to perform the same kinds of work in
connection with the use or occupancy of
National Forest System lands (16 U.S.C.
572).
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(liii) Enter into reciprocal fire
agreements with foreign fire
organizations. (42 U.S.C. 1856m–1856o).
(liv) Administer the payments to
states program (16 U.S.C. 500; 16 U.S.C.
7101–7153); establish, maintain, and
appoint members to Resource Advisory
Committees (16 U.S.C. 7125).
(lv) Administer the Wood Innovation
Grant program (7 U.S.C. 7655d).
*
*
*
*
*
■ 8. Amend § 2.21 by:
■ a. Adding paragraph (a)(1)(iii);
■ b. Revising paragraph (a)(1)(iv);
■ c. Adding paragraph (a)(1)(xvii);
■ d. In paragraph (a)(1)(xviii), removing
the term ‘‘7 U.S.C. 450a’’ and adding in
its place the term ‘‘7 U.S.C. 3318a’’; in
paragraph (a)(1)(xix), removing the term
‘‘7 U.S.C. 450i(e)’’ and adding in its
place the term ‘‘7 U.S.C. 3157(e)’’; and
in paragraph (a)(1)(xx), removing the
term ‘‘7 U.S.C. 450i(b), (c)’’ and adding
in its place the term ‘‘7 U.S.C. 3157(b),
(c)’’;
■ e. Adding paragraphs (a)(1)(xxxi),
(xlii), (xlv), (lv), (lxiii), (lxvii), (lxxii),
(lxxiii), (lxxviii), (lxxxiii), (cxi), and
(cxlii);
■ f. In paragraph (a)(1)(clxxiii),
removing the term ‘‘7 U.S.C. 3319f’’ and
adding in its place the term ‘‘7 U.S.C.
2279(d)’’;
■ g. Adding paragraph (a)(1)(cc); and
■ h. Revising paragraph (a)(8)(xi).
The revisions to read as follows:
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§ 2.21 Under Secretary for Research,
Education, and Economics.
(a) * * *
(1) * * *
(iii) Exercise the authorities of the
Secretary in administering the
Agriculture Advanced Research and
Development Authority, including
awarding grants and entering into
contracts, cooperative agreements, and
other transactions (7 U.S.C. 3319k).
(iv) Carry out research, technology
development, technology transfer, and
demonstration projects related to the
economic feasibility of the manufacture
and commercialization of natural rubber
from plants containing hydrocarbons
and other critical agricultural materials
from native agricultural crops having
strategic and industrial importance (7
U.S.C. 178–178n).
*
*
*
*
*
(xvii) Administer a program to make
competitive grants to assist in the
construction, alteration, acquisition,
modernization, renovation, or
remodeling of agricultural research
facilities (7 U.S.C. 390b).
*
*
*
*
*
(xxxi) Prepare an annual report to
Congress on disbursements of funds for
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agricultural research and extension at
1890 and 1862 Institutions for programs
under the following authorities: 7 U.S.C.
3221; 7 U.S.C. 3222; 7 U.S.C. 343(b) and
(c); and 7 U.S.C. 361a et seq. (7 U.S.C.
2207d).
*
*
*
*
*
(xlii) Promote cooperation and
coordination between 1862, 1890, 1994,
and NLGCA Institutions, HSACUs, and
cooperating forestry schools and
international partner institutions in
developing countries by exercising the
Secretary’s authority in 7 U.S.C. 3292,
including coordinating with the Under
Secretary for Trade and Foreign Affairs
to place interns from covered
institutions in, or in service to benefit,
developing countries.
*
*
*
*
*
(xlv) Administer a next generation
agriculture technology challenge
competition to incentivize mobile
technology that removes marketplace
entry barriers for beginning farmers and
ranchers (7 U.S.C. 3158).
*
*
*
*
*
(lv) Administer grants to 1890
Institutions, including Tuskegee
University, for purposes of awarding
scholarships to individuals pursuing
careers in the food and agricultural
sciences (7 U.S.C. 3222a).
*
*
*
*
*
(lxiii) Make competitive grants to
land-grant colleges and universities,
including 1994 Institutions, to provide
identifiable support specifically targeted
for Tribal students (7 U.S.C. 3222e).
*
*
*
*
*
(lxvii) Administer competitive grants
for the acquisition of special purpose
scientific research equipment for use in
the food and agricultural sciences
programs of eligible institutions (7
U.S.C. 3310a).
*
*
*
*
*
(lxxii) Establish a National Plant
Diagnostic Network to monitor and
surveil through diagnostics threats to
plant health from diseases or pests of
concern in the United States, and
establish cooperative agreements with
land-grant colleges and universities (7
U.S.C. 8914(c)).
(lxxiii) Establish a National Plant
Disease Recovery System to engage in
strategic long-range planning to recover
from high-consequence plant
transboundary diseases (7 U.S.C.
8914(d)).
*
*
*
*
*
(lxxviii) In consultation with the
Secretary of Energy, administer
competitive grants to provide education
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about carbon utilization and biogas (7
U.S.C. 8115).
*
*
*
*
*
(lxxxiii) In consultation with the
Urban Agriculture and Innovative
Production Advisory Committee,
administer competitive grants to
support research, education, and
extension activities for the purposes of
facilitating the development of urban,
indoor, and other emerging agricultural
production, harvesting, transportation,
aggregation, packaging, distribution, and
markets (7 U.S.C. 5925g).
*
*
*
*
*
(cxi) Administer an experienced
services program to obtain technical,
professional, and administrative
services to support the research,
education, and economics mission area
of the Department (16 U.S.C. 3851).
*
*
*
*
*
(cxlii) In consultation with the Under
Secretary for Food, Nutrition, and
Consumer Services, administer pilot
projects to encourage the use of publicprivate partnerships committed to
addressing food insecurity (7 U.S.C.
2036d).
*
*
*
*
*
(cc) Administer a competitive grant
program to support the development
and expansion of advanced training
programs in agricultural biosecurity
planning and response for food science
professionals and veterinarians (7 U.S.C.
8913).
(8) * * *
(xi) Collect and, not less frequently
than once every 3 years report, data and
analysis on farmland ownership, tenure,
transition, and entry of beginning
farmers and ranchers and socially
disadvantaged farmers and ranchers (7
U.S.C. 2204i).
*
*
*
*
*
■ 9. Amend § 2.22 by:
■ a. Revising paragraph (a)(1)(viii)(CCC);
■ b. Adding paragraphs
(a)(1)(viii)(MMM), (PPP), and (TTT) and
(a)(1)(xvi) and (xvii);
■ c. Revising paragraphs (a)(2)(ii), (xiv),
(xviii), (xxiii), and (xxiv); and
■ d. Adding paragraphs (a)(2)(xliii)
through (xlvi).
The revisions and additions read as
follows:
§ 2.22 Under Secretary for Marketing and
Regulatory Programs.
(a) * * *
(1) * * *
(viii) * * *
(CCC) Local Agriculture Market
Program (7 U.S.C. 1627c), in
coordination with the Under Secretary
for Rural Development.
*
*
*
*
*
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(MMM) Section 12108 of the
Agriculture Improvement Act of 2018 (7
U.S.C. 1622 note).
*
*
*
*
*
(PPP) Section 4206 of the Agriculture
Improvement Act of 2018 (7 U.S.C.
7518).
*
*
*
*
*
(TTT) Section 12513 of the
Agriculture Improvement Act of 2018 (7
U.S.C. 1632d).
*
*
*
*
*
(xvi) Administer the Economic
Adjustment Assistance for Textile Mills
program (7 U.S.C. 9037(c))
(xvii) In coordination with the Under
Secretary for Farm Production and
Conservation, administer payments
under the Special Competitive
Provisions for Extra Long Staple Cotton
(7 U.S.C. 9038).
(2) * * *
(ii) The Terminal Inspection Act, as
amended (7 U.S.C. 7760);
*
*
*
*
*
(xiv) Talmadge Aiken Act (7 U.S.C.
1633) with respect to cooperation with
States in control and eradication of
plant and animal diseases and pests;
*
*
*
*
*
(xviii) Section 101(d), Organic Act of
1944 (7 U.S.C. 398);
*
*
*
*
*
(xxiii) The Act of March 2, 1931 (7
U.S.C. 8351–8352);
(xxiv) The Act of December 22, 1987
(7 U.S.C. 8353);
*
*
*
*
*
(xliii) Section 11013 of the Food,
Conservation, and Energy Act of 2008 (7
U.S.C. 8322).
(xliv) In coordination with the Under
Secretary for Farm Production and
Conservation, Section 2408 relating to
the Feral Swine Eradication and Control
Pilot Program (7 U.S.C. 8351 note),
(xlv) Section 12203(b) of the
Agriculture Improvement Act of 2018
relating to diseases and pests of concern
(7 U.S.C. 8914(b)).
(xlvi) Section 12601 of the Agriculture
Improvement Act of 2018 relating to
baiting of migratory game birds (16
U.S.C. 704 note).
*
*
*
*
*
■ 10. Amend § 2.24 by:
■ a. Removing and reserving paragraph
(a)(2);
■ b. Adding paragraph (a)(4)(xxii);
■ c. Removing and reserving paragraphs
(a)(6)(ii)(J) and (K); and
■ d. Revising paragraph (a)(8); and
■ e. Adding paragraph (a)(13)(ii).
The addition and revisions read as
follows:
§ 2.24 Assistant Secretary for
Administration.
(a) * * *
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(4) * * *
(xxii) Exercise the authority to
noncompetitively convert to an
appointment in the competitive service
a recent graduate or student who is a
United States citizen and has been
awarded and successfully completed a
scholarship program granted to the
individual by the Department through
the 1890 National Scholars Program or
the 1994 Tribal Scholars Program,
provided the individual meets the
requirements for such conversion and
meets Office of Personnel Management
qualification standards, as determined
by the Assistant Secretary for
Administration (7 U.S.C. 2279j).
*
*
*
*
*
(8) Related to homeland security,
personnel and document security, and
emergency coordination. (i) Serve as the
principal advisor to the Secretary on
homeland security, including
emergency management and agriculture
and food defense;
(ii) Coordinate activities of the
Department, including policies,
processes, budget needs, and oversight
relating to homeland security, including
emergency management and agriculture
and food defense;
(iii) Act as the primary liaison on
behalf of the Department with other
Federal departments and agencies in
activities relating to homeland security,
including emergency management and
agriculture and food defense, and
provide for interagency coordination
and data sharing;
(iv) Coordinate in the Department the
gathering of information relevant to
early warning and awareness of threats
and risks to the food and agriculture
critical infrastructure sector; and share
that information with, and provide
assistance with interpretation and risk
characterization of that information to,
the intelligence community (as defined
in 5 U.S.C. 3003), law enforcement
agencies, the Secretary of Defense, the
Secretary of Homeland Security, the
Secretary of Health and Human
Services, and State fusion centers (as
defined in section 210A(j) of the
Homeland Security Act of 2002 (6
U.S.C. 124h(j));
(v) Liaise with the Director of
National Intelligence to assist in the
development of periodic assessments
and intelligence estimates, or other
intelligence products, that support the
defense of the food and agriculture
critical infrastructure sector;
(vi) Coordinate the conduct,
evaluation, and improvement of
exercises to identify and eliminate gaps
in preparedness and response;
(vii) Produce a Department-wide
centralized strategic coordination plan
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to provide a high-level perspective of
the operations of the Department
relating to homeland security, including
emergency management and agriculture
and food defense; and
(viii) Establish and carry out an
interagency Agriculture and Food
Threat Awareness Partnership Program,
including by entering into cooperative
agreements or contracts with Federal,
State, or local authorities (7 U.S.C.
6922).
(ix) Provide administrative
supervision to the unit that grants,
denies, or revokes security clearances
for USDA employees and contractors.
(x) Administer the Department
Emergency Preparedness Program. This
includes:
(A) Coordinate the delegations and
assignments made to the Department
under the Defense Production Act of
1950, 50 U.S.C. App. 2061, et seq.; the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C.
5121, et seq.; and by Executive Orders
12148, ‘‘Federal Emergency
Management’’ (3 CFR, 1979 Comp., p.
412), 12656, ‘‘Assignment of Emergency
Preparedness Responsibilities’’ (3 CFR,
1988 Comp., p. 585), and 13603,
‘‘National Defense Resources
Preparedness’’ (3 CFR, 2012 Comp., p.
225), or any successor to these
Executive Orders, to ensure that the
Department has sufficient capabilities to
respond to any occurrence, including
natural disaster, military attack,
technological emergency, or any all
hazards incident.
(B) Manage the Department
Emergency Operations Center at
Headquarters and the Secretary’s
alternative facilities; provide senior staff
with international, national, and
regional situational awareness reports;
and provide and maintain current
information systems technology and
National Security Systems to support
USDA executive crisis management
capability.
(C) Provide facilities and equipment
to facilitate inter-agency coordination
during emergencies.
(D) Activate the USDA incident
management system in accordance with
the National Response Framework and
the National Incident Management
System in the event of a major incident;
and provide oversight and coordination
of the Department’s Emergency Support
Functions as outlined in the National
Response Framework.
(E) Develop and promulgate policies
for the Department regarding emergency
preparedness and national security,
including matters relating to antiterrorism and agriculture-related
emergency preparedness planning both
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national and international, and
guidance to USDA State and County
Emergency Boards.
(F) [Reserved]
(G) Provide representation and liaison
for the Department in contacts with
other Federal entities and organizations,
including the National Security Council,
Homeland Security Council, Office of
Management and Budget, Department of
Homeland Security, Federal Emergency
Management Agency, Office of The
Director of National Intelligence, and
Department of Defense concerning
matters of a national security, natural
disaster, other emergencies, and
agriculture/food-related international
civil emergency planning and related
activities.
(H) Act as the primary USDA
representative for anti-terrorism
activities.
(I) [Reserved]
(J) Provide guidance and direction
regarding radiological emergency
preparedness programs and the
implementation of the National
Response Framework’s Nuclear/
Radiological Incident Annex to
Departmental staff offices, mission
areas, and agencies.
(K) Provide program leadership and
coordination for USDA’s radiological
emergency preparedness requirements
with respect to Emergency Management
and Assistance (44 CFR parts 350–352).
(L) Represent USDA on the Federal
Radiological Preparedness Coordinating
Committee (FRPCC) and Regional
Assistance Committees (RACs) and
assist them in carrying out their
functions.
(M) Support USDA in its management
of the Department’s emergency response
program with respect to radiological
emergency response activities.
(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).
(iv) Serve as the primary point of
contact for Government Accountability
Office (GAO) and Office of the Inspector
General (OIG) audits of USDA homeland
security activities.
(v) Coordinate interaction between
Department agencies and private sector
businesses and industries in emergency
planning and public education under
Department authorities delegated or
assigned under the National Response
Framework, National Infrastructure
Protection Plan, Defense Production Act
of 1950, 50 U.S.C. App. 2061, et seq.,
and Robert T. Stafford Disaster Relief
and Emergency Assistance Act, 42
U.S.C. 5121, et seq.
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(vi) Oversee the Department’s ability
to collect and disseminate information
and prepare for an agricultural disease
emergency, agroterrorist act, or other
threat to agricultural biosecurity, and
coordinate such activities among
agencies and offices within the
Department (7 U.S.C. 8912).
(vii) Carry out protection operations
for the Secretary, Deputy Secretary, and
other individuals as specified in Section
12520 of the Agriculture Improvement
Act of 2018, including by authorizing
law enforcement officers or special
agents to carry firearms; conduct
criminal investigations into potential
threats to the security of individuals
protected under Section 12520; make
arrests without a warrant for any offense
against the United States committed in
the presence of the law enforcement
officer or special agent; perform
protective intelligence work, including
identifying and mitigating potential
threats and conducting advance work to
review security matters relating to sites
and events; and coordinate with local
law enforcement authorities (7 U.S.C.
2279k).
(viii) Promulgate Departmental
policies, standards, techniques, and
procedures; and represent the
Department in maintaining the security
of physical facilities and providing
security guidance to the Food and
Agricultural Sector nationwide.
(A) Lead and coordinate the
development and maintenance of a
mission critical facility inventory with
agency involvement to ensure proper
security countermeasures are
implemented in the Department’s most
critical infrastructure.
(B) Provide guidance to USDA
agencies in matters of physical security
through use of physical security
assessments and development of
mitigation strategies.
(C) Provide guidance to USDA
agencies and the Food and Agricultural
Sector in matters of security through use
of assessments and development of
mitigation strategies.
(D) Represent and act as liaison for
the Department in contacts with other
Federal security entities and
organizations, including the Interagency
Security Committee and the Department
of Homeland Security.
(E) Provide guidance and direction to
ensure physical security and
agriculture/food security are fully
integrated in USDA’s security
preparations, which are reported to and
coordinated with the White House.
(F) Provide assistance to the USDA
agencies in preparation for and during
a disaster to identify critical assets and
possible alternate storage locations.
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(G) Conduct physical security
investigations and compliance reviews
Department-wide.
(H) Review and provide coordinated
technical physical security assessments
for all new construction of laboratories,
data centers, germplasm repositories,
and other mission critical infrastructure
during the design phase, and all leased
facilities prior to contract award.
(I) Oversee and manage physical
security aspects of the Common
Identification Card (LincPass) Program
to ensure National Institute of Standards
and Technology (NIST) and General
Services Administration (GSA)
compliancy within the National Capital
Region and the physical access to USDA
facilities.
(J) Provide enterprise connectivity to
agency physical access control systems
that provide cost leveraging and
provisioning/de-provisioning
nationwide.
(ix) Provide oversight and
coordination of the development and
administration of the Department
Continuity Program. This includes:
(A) Provide guidance and direction
regarding continuity of operations to the
Office of the Secretary, Departmental
staff offices, mission areas, and
agencies.
(B) Represent and act as liaison for the
Department in contacts with other
Federal entities and organizations
concerning matters of assigned
continuity program responsibilities.
(C) Oversee Department continuity of
operations and emergency relocation
facility planning, development,
equipping, and preparedness to ensure
that resources are in a constant state of
readiness.
(x) Provide for the development and
administration of a Public Trust
program for the safeguarding of national
security information:
(A) Direct and administer USDA’s
public trust program established
pursuant to 5 CFR part 731 and
Executive Order 13488, ‘‘Granting
Reciprocity on Excepted Service and
Federal Contractor Employee Fitness
and Reinvestigating Individuals in
Positions of Public Trust’’ (74 FR 4111,
3 CFR, 2010 Comp., p. 189).
(B) Direct and administer USDA’s
program under which information is
safeguarded pursuant to Executive
Order 13526, ‘‘Classified National
Security Information’’ (75 FR 707, 3
CFR, Comp. 2010, p. 298), or subsequent
orders.
(C) Establish and maintain
Information Security policies and
procedures for classifying, declassifying,
safeguarding, and disposing of classified
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national security information and
materials.
(D) Investigate or delegate authority to
investigate any potential compromises
of classified national security
information and take corrective action
for violations or infractions under
section 5.5(b) of Executive Order 13526
or any subsequent order.
(E) Develop and maintain oversight of
all facilities throughout USDA where
classified national security information
is or will be safeguarded, discussed, or
processed including sole authority to
liaison with the Central Intelligence
Agency concerning guidance, approval,
requirements, and oversight of USDA
secure facilities.
(F) Act as the USDA focal point to
identify, receive, disseminate and
safeguard USDA related intelligence
information as required; convey
information to USDA policy officials;
and liaise with the intelligence
community, as appropriate.
(xi) Control within USDA the
acquisition, use, and disposal of
material and equipment that can be a
source of ionizing radiation.
(A) Promulgate policies and
procedures for ensuring the safety of
USDA employees, the public, and the
environment resulting from USDA’s use
of ionizing radiation sources.
(B) Maintain and ensure compliance
with the Nuclear Regulatory
Commission regulations (Title 10, Code
of Federal Regulations) and license(s)
issued to USDA for the acquisition, use,
and disposal of radioactive materials.
*
*
*
*
*
(13) * * *
(ii) Provide Departmentwide
coordination for efforts to improve
customer service.
*
*
*
*
*
■ 11. Amend § 2.25 by adding paragraph
(a)(26) to read as follows:
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§ 2.25
Assistant Secretary for Civil Rights
(a) * * *
(26) As directed by section 12403(a) of
the Agriculture Improvement Act of
2018, conduct civil rights impact
analyses in accordance with
Departmental Regulation 4300–004
issued on October 17, 2016, with respect
to the Department’s employment,
federally conducted programs and
activities, and federally assisted
programs and activities.
*
*
*
*
*
■ 12. Amend § 2.26 by adding
paragraphs (a)(1)(xxx), (xlv), and (xlviii)
and (a)(1)(l) to read as follows:
§ 2.26 Under Secretary for Trade and
Foreign Agricultural Affairs.
(a) * * *
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(1) * * *
(xxx) Promote cooperation and
coordination between 1862, 1890, 1994,
and NLGCA Institutions, HSACUs, and
cooperating forestry schools and
international partner institutions in
developing countries by exercising the
Secretary’s authority in 7 U.S.C. 3292,
including coordinating with the Under
Secretary for Research, Education, and
Economics to place interns from
covered institutions in, or in service to
benefit, developing countries.
*
*
*
*
*
(xlv) Administer the International
Agricultural Education Fellowship
Program (7 U.S.C. 3295).
*
*
*
*
*
(xlviii) Compile and make available
information relating to the improvement
of international food security, and
provide technical assistance for the
improvement of international food
security to Federal, State, or local
agencies; agencies or instrumentalities
of the government of foreign country;
domestic or international organizations;
or intergovernmental organizations (7
U.S.C. 1736dd).
*
*
*
*
*
(l) In consultation with the Tribal
Advisory Committee and the Director of
the Office of Tribal Relations, and in
coordination with the Secretaries of
Commerce, State, Interior, and the heads
of any other relevant Federal agencies,
implement section 3312 of the
Agriculture Improvement Act of 2018 (7
U.S.C. 5608) to support greater
inclusion of Tribal agricultural food
products in Federal trade activities.
*
*
*
*
*
Subpart D—Delegations of Authority to
Other General Officers and Agency
Heads
13. Amend § 2.29 by adding
paragraphs (a)(4)(v) and (a)(14)(iv) and
revising paragraph (a)(16) to read as
follows:
■
§ 2.29
Chief Economist.
(a) * * *
(4) * * *
(v) Coordinate with the Director of the
National Drought Mitigation Center and
the Administrator of the National
Oceanic and Atmospheric
Administration to enhance the
collection of data to improve the
accuracy of the United States Drought
Monitor (7 U.S.C. 5856).
*
*
*
*
*
(14) * * *
(iv) Carry out the duties of the Food
Loss and Waste Reduction Liaison,
including entering into contracts or
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cooperative agreements with the
research centers of the Research,
Education, and Economics mission area,
institutions of higher education, or nonprofit organizations (7 U.S.C. 6924).
*
*
*
*
*
(16) Related to Pest Management and
Policy. (i) 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).
(ii) Conduct a multiple crop and
pesticide use survey as authorized by
section 10109 of the Agricultural
Improvement Act of 2018.
*
*
*
*
*
■ 14. Amend § 2.31 by adding paragraph
(c) to read as follows:
§ 2.31
General Counsel.
*
*
*
*
*
(c) Related to the Freedom of
Information Act. (1) Serve as the Chief
Freedom of Information Act Officer for
the Department; oversee general officers
and agency heads in efficient and
appropriate compliance with the
provisions of the Freedom of
Information Act (5 U.S.C. 552); monitor
implementation of 5 U.S.C. 552
throughout the agency and keep the
Secretary and the Attorney General
informed regarding agency performance
in its implementation; recommend to
the Secretary necessary adjustments to
agency practices, policies, personnel,
and funding to improve implementation
of 5 U.S.C. 552; review and report to the
Attorney General, through the Secretary,
as the Attorney General may direct; and,
facilitate public understanding of the
purposes of the statutory exemptions
contained in 5 U.S.C. 552.
(2) Manage the Freedom of
Information Act operations for the
Research, Education, and Economics
mission area, the Trade and Foreign
Agricultural Affairs mission area, and
all staff offices of the Department.
■ 15. Add § 2.32 to read as follows:
§ 2.32
Chief Information Officer.
(a) Delegations. The Chief Information
Officer is responsible for executing the
duties enumerated in Public Law 104–
106 for agency Chief Information
Officers, and additional specified
duties, as follows:
(1) Report directly to the Secretary of
Agriculture regarding information
technology matters.
(2) Oversee all information technology
and information resource management
activities relating to the programs and
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operations of the Department and
component agencies. This oversight
includes approving information
technology investments, monitoring and
evaluating the performance of those
investments and information resource
management activities, approval of all
architectures and components thereto
and determining whether to continue,
modify, or terminate an information
technology program or project.
(3) Provide advice and other
assistance to the Secretary and other
senior management personnel to ensure
that information technology acquired
and managed for the Department
consistent with chapter 35 of title 44,
United States Code (Coordination of
Federal Information Policy).
(4) Develop, implement, and maintain
a sound and integrated Departmentwide
information technology architecture.
(5) Promote the effective and efficient
design and operation of all major
information resources management
processes for the Department, including
improvements to work processes of the
Department.
(6) Approve the acquisition or
procurement of information technology
resources by, or on behalf of, any
Department agency or office.
(7) Collaborate with Department
procurement personnel with respect to
information technology acquisition
strategy and policy.
(8) Function as the Major Information
Technology Systems Executive in USDA
to integrate and unify the management
process for the Department’s major
information technology system
acquisitions and to monitor
implementation of the policies and
practices set forth in Office of
Management and Budget (OMB)
Circular No. A–109, Major Systems
Acquisitions, for information
technology. This includes the authority
to:
(i) Ensure that OMB Circular No. A–
109 is effectively implemented for
information technology systems in the
Department and that the management
objectives of the Circular are realized.
(ii) Review the program management
of each major information technology
system acquisition.
(iii) Approve the appointment of the
program manager for each major
information technology systems
acquisition.
(iv) Designate any Departmental
information technology acquisition as a
major system acquisition under OMB
Circular No. A–109.
(9) On an annual basis:
(i) Assess Departmentwide personnel
requirements regarding knowledge and
skill in information resources
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management, and the adequacy of such
requirements, to achieve the
performance goals established for
information resources management.
(ii) Develop strategies and specific
plans for hiring, training, and
professional development at the
executive and management level to meet
personnel information technology
personnel requirements.
(iii) Report to the Assistant Secretary
for Administration on progress made in
improving information resources
management capability.
(10) Function as the senior official to
carry out the responsibilities of the
Department under chapter 35 of title 44,
United States Code (Coordination of
Federal Information Policy), including:
(i) Ensure that the information
policies, principles, standards,
guidelines, rules and regulations
prescribed by OMB are appropriately
implemented within the Department.
(ii) Review proposed Department
reporting and record keeping
requirements, including those contained
in rules and regulations, to ensure that
they impose the minimum burden upon
the public and have practical utility for
the Department.
(iii) Develop and implement
procedures for assessing the burden to
the public and costs to the Department
of information requirements contained
in proposed legislation affecting
Department programs.
(iv) Assist OMB in the performance of
its functions assigned under the EGovernment Act of 2002 (Pub. L. 107–
347), including review of Department
and Agency activities for compliance.
(v) Assist OMB in the performance of
its functions assigned under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520), including review of
Department and Agency activities for
compliance.
(11) The Chief Information Officer is
also responsible for the following:
(i) Provide Departmentwide guidance
and direction in planning, developing,
documenting, and managing
applications software projects in
accordance with Federal and
Department information processing
standards, procedures, and guidelines.
(ii) Provide Departmentwide guidance
and direction in all aspects of
information technology, including:
Feasibility studies; economic analyses;
systems design; acquisition of
equipment, software, services, and
timesharing arrangements; systems
installation; systems performance and
capacity evaluation; information
technology investment governance;
cybersecurity; and privacy. Monitor
these activities for agencies’ major
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65513
systems development efforts to assure
effective and economic use of resources
and compatibility among systems of
various agencies when required.
(iii) Manage the Enterprise Data
Centers, with the exception of the
National Finance Center; and oversee
the delivery of Enterprise Data Center
goods and services, with authority to
take actions required by law or
regulation to perform such services as a
Working Capital Fund activity.
(iv) Manage a comprehensive set of
end user office automation services and
oversee the delivery of goods and
services associated with end user office
automation services, including desktop
computers, enterprise networking
support, handheld devices, and voice
telecommunications, with authority to
take actions required by law or
regulation to perform such services as a
Working Capital Fund activity.
(v) Manage the Agricultural Security
Operations Center to enable the
Department to effectively monitor,
detect, analyze, protect, report, and
respond against known cyber
vulnerabilities, attacks, and
exploitations.
(vi) Manage the Department’s
Certification and Accreditation process
to ensure the Department and agencies
have successfully conducted periodic
risk assessments of its systems; grant the
authority to operate for systems that
have successfully completed the
Certification and Accreditation process;
and rescind or suspend the authority to
operate for systems subject to repeated
and/or significant security issues.
(vii) Ensure that OMB Circular No. A–
16, Coordination of Geographic
Information and Related Spatial Data
Activities, is effectively implemented in
the Department and that the
management objectives of the Circular
are realized; and providing
Departmentwide guidance and direction
in governing, developing,
implementing, and maintaining a sound
and integrated geospatial architecture.
(viii) Provide technical assistance,
coordination, and guidance to
Department agencies in planning,
developing, and carrying out satellite
remote sensing activities to ensure full
consideration and evaluation of
advanced technology; designate the
Executive Secretary for the Remote
Sensing Coordination Committee; and
coordinate administrative, management,
and budget information relating to the
Department’s remote sensing activities
including:
(A) Inter- and intra-agency meetings,
correspondence, and records;
(B) Budget and management tracking
systems; and
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(C) Inter-agency contacts and
technology transfer.
(ix) Review and evaluate information
technology activities related to
delegated functions to assure that they
conform to all applicable Federal and
Department information technology
management policies, plans, standards,
procedures, and guidelines.
(x) Design, develop, implement, and
revise systems, processes, work
methods, and techniques to improve the
management and operational
effectiveness of information resources.
(xi) Manage all aspects of the USDA
Telecommunications Program including
planning, development, acquisition, and
use of equipment and systems for voice,
data, and communications, excluding
the actual procurement of data
transmission equipment, software,
maintenance, and related supplies.
(xii) Manage Departmental
telecommunications contracts.
(xiii) Provide technical advice
throughout the Department.
(xiv) Implement a program for
applying information resources
management technology to improve
productivity in the Department.
(xv) Plan, develop, install, and
operate computer-based systems for
message exchange, scheduling,
computer conferencing, televideo
technologies, and other applications of
office automation technology which can
be commonly used by multiple
Department agencies and offices.
(xvi) Represent the Department in
contacts with the Government
Accountability Office, the General
Services Administration, OMB, the
National Institute of Standards and
Technology, and other organizations or
agencies on matters related to delegated
responsibilities.
(12) Implement policies established
pursuant to paragraphs (a)(1) through
(a)(11) of this section by:
(i) Disposing of information
technology that is acquired by a
Department agency in violation of
procedures or standards for the
Department Information Systems
Technology Architecture.
(ii) Establishing information
technology and information resources
management performance standards for
mission area Chief Information Officers,
information resources managers, and
project managers to be used in the
performance appraisal process.
(iii) Approving the selection of
mission area Chief Information Officers
and mission area major information
technology system project managers in
accordance with OMB policies.
(iv) Providing recommendations to
mission area heads for the removal or
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replacement of information technology
project managers, when, in the opinion
of the Chief Information Officer,
applicable laws and policies are being
violated, or, when the cost, schedule, or
performance of an information
technology project would indicate
management deficiencies.
(v) Withdrawing agencies’ authority to
obligate funds on Information
Technology programs or projects if the
agency violates the Chief Information
Officer policies, standards, or
Department Information Systems
Technology Architecture.
(vi) Requiring mission areas to
validate and verify major information
technology systems through the use of
an existing contract for such purpose
designated by the Chief Information
Officer.
(vii) Requiring approval by the Chief
Information Officer of any proposed
acquisition of information technology
(whether through the award or
modification of a procurement contract,
a cooperative or other agreement with a
non-Federal party, or an interagency
agreement) to ensure technical
conformance to the Department
technical architecture.
(viii) Providing guidance to USDA
regarding implementation of Section
508 of the Rehabilitation Act, as well as
on-going consultative assistance
regarding information technology
accessibility, and reviewing progress
made toward achieving information
technology accessibility for USDA
employees and individuals with
disabilities.
(13) Related to the Privacy Act.
Appoint a Department Privacy Act
Officer; oversee general officers and
agency heads in the development and
implementation of policies issued
pursuant to the provisions of the
Privacy Act, 5 U.S.C. 552a; and provide
consultation and guidance regarding
those policies.
(b) [Reserved]
■ 16. Amend § 2.38 by revising
paragraph (a)(1)(iv) and adding
paragraphs (a)(2)(vi) through (viii) and
(a)(7) and (8) to read as follows:
§ 2.38 Director, Office of Partnerships and
Public Engagement.
(a) * * *
(1) * * *
(iv) Administer section 2501 of the
Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2279), as
amended, except for the beginning
farmer and rancher development
program in subsection (d) and
authorities related to the Census of
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Agriculture and economic studies in
subsection (j) of that section.
*
*
*
*
*
(2) * * *
(vi) Consult with the Under Secretary
for Trade and Foreign Agricultural
Affairs on the implementation of section
3312 of the Agriculture Improvement
Act of 2018 (7 U.S.C. 5608) to support
greater inclusion of Tribal agricultural
food products in Federal trade activities.
(vii) In coordination with the Under
Secretary for Rural Development,
provide technical assistance to improve
access by Tribal entities to rural
development programs funded by the
Department of Agriculture through
available cooperative agreement
authorities (7 U.S.C. 2671).
(viii) Oversee the Tribal Advisory
Committee (7 U.S.C. 6921).
*
*
*
*
*
(7) Oversee the Agricultural Youth
Organization Coordinator (7 U.S.C.
6934b).
(8) Exercise the authority of the
Secretary related to Tribal Promise
Zones under section 12510 of the
Agriculture Improvement Act of 2018
(25 U.S.C. 4301 note).
*
*
*
*
*
Subpart F—Delegations of Authority
by the Under Secretary for Farm
Production and Conservation
17. Amend § 2.41 by adding paragraph
(a)(6) to read as follows:
■
§ 2.41 Chief Operating Officer, Farm
Production and Conservation Business
Center.
(a) * * *
(6) Administer a Century Farms
Program as authorized by section 12508
of the Agriculture Improvement Act of
2018 (7 U.S.C. 2266a).
*
*
*
*
*
■ 18. Amend § 2.42 by:
■ a. In paragraph (a)(10), removing the
term ‘‘7 U.S.C. 450j et seq.’’ and adding
in its place the term ‘‘7 U.S.C. 4551 et
seq.’’; and
■ b. Revising paragraph (a)(58)
introductory text; and
■ c. Adding paragraph (a)(63).
The revision and additions read as
follows:
§ 2.42 Administrator, Farm Service
Agency.
(a) * * *
(58) Administer the following
provisions of the Agricultural Act of
2014, Public Law 113–79, as amended:
*
*
*
*
*
(63) Administer the following
provisions of the Agriculture
Improvement Act of 2018, Public Law
116–334:
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(i) Section 5413 relating to reporting
on farm loans (7 U.S.C. 2008x).
(ii) Section 12304 relating to the
National Beginning Farmer and Rancher
Coordinator (7 U.S.C. 6934a).
(iii) Section 12612 relating to a
national agriculture imagery program (7
U.S.C. 2204j).
(iv) Section 12615 relating to the
eligibility for farm operators on heirs’
property to obtain a farm loan number
(7 U.S.C. 2266b).
*
*
*
*
*
■ 19. Amend § 2.43 by:
■ a. Revising paragraphs (a)(3)
introductory text and (a)(4)(i);
■ b. Removing and reserving paragraph
(a)(5);
■ c. Revising paragraph (a)(13);
■ d. Adding paragraph (a)(16);
■ e. Revising paragraph (a)(23)(xiv); and
■ f. Adding paragraphs (a)(31) and (32).
The revisions and additions to read as
follows:
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§ 2.43 Chief, Natural Resources and
Conservation Service.
(a) * * *
(3) Administer the basic program of
soil and water conservation under
Public Law 74–46, as amended, and
related laws (16 U.S.C. 590a–f, q, q–1;
42 U.S.C. 3271–3274; 7 U.S.C. 2201),
including:
*
*
*
*
*
(4) * * *
(i) The eleven authorized watershed
projects authorized under the Flood
Control Act of 1944 (Pub. L. 78–534),
except for responsibilities assigned to
the Forest Service;
*
*
*
*
*
(13) Administer natural resources
conservation authorities, including
authorities related to programs of the
Commodity Credit Corporation that
provide assistance with respect to
natural resources conservation, under
Title XII of the Food Security Act of
1985 (the Act), as amended (16 U.S.C.
3801 et seq.), including the following:
(i) Technical assistance related to the
conservation of highly erodible lands
and wetlands pursuant to sections
1211–1224 of the Act (16 U.S.C. 3811–
3824);
(ii) Technical assistance related to the
Conservation Reserve Program
authorized by sections 1231–1235 of the
Act (16 U.S.C. 3831–3835);
(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)
prior to February 7, 2014, the transition
authority under section 2703 of the
Agricultural Act of 2014, and the
Emergency Supplemental
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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 of the Act (16 U.S.C. 3838–3838c)
and the Conservation Stewardship
Program authorized by sections 1240I–
1240L–1 (16 U.S.C. 3839aa–21—
3839aa–25).
(v) The Farmland Protection Program
authorized by sections 1238H–1238I of
the Act (16 U.S.C. 3838h–3838i) prior to
February 7, 2014, and the transition
authority under section 2704 of the
Agricultural Act of 2014;
(vi) The Farm Viability Program
authorized by section 1238J of the Act
(16 U.S.C. 3838j) prior to February 7,
2014, and the transition authority under
section 2704 of the Agricultural Act of
2014;
(vii) The Environmental Quality
Incentives Program authorized by
sections 1240–1240H of the Act (16
U.S.C. 3839aa–3839aa–8), the
Agricultural Water Enhancement
Program authorized by section 1240H of
the Act (16 U.S.C. 3839aa–9) prior to
February 7, 2014, and section 2706 of
the Agricultural Act of 2014;
(viii) The conservation of private
grazing lands authorized by section
1240M of the Act (16 U.S.C. 3839bb);
(ix) The Wildlife Habitat Incentives
Program authorized by section 1240N of
the Act (16 U.S.C. 3839bb–1) prior to
February 7, 2014 and Section 2707 of
the Agricultural Act of 2014;
(x) 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) prior to
February 7, 2014, and section 2708 of
the Agricultural Act of 2014;
(xi) The Chesapeake Bay Watershed
Program authorized by section 1240Q of
the Act (16 U.S.C. 3839bb–4) prior to
February 7, 2014, and section 2709 of
the Agricultural Act of 2014;
(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) prior
to February 7, 2014, and section 2710 of
the Agricultural Act of 2014; 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.
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(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) prior to February 7, 2014, and
section 2705 of the Agricultural Act of
2014 that are or become the
responsibility of the Under Secretary for
Farm Production and Conservation.
(xiii) The authority in section 1241 of
the Act (16 U.S.C. 3841) to accept and
use voluntary contributions of nonFederal 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 of the Act (16
U.S.C. 3871–3871f).
(xxi) The Voluntary Public Access
and Habitat Incentive Program
authorized by section 1240R of the Act
(16 U.S.C. 3839bb–5).
(xxii) A wetlands mitigation banking
program authorized by section 1222(k)
of the Act (16 U.S.C. 3822(k)).
*
*
*
*
*
(16) Administer the state and private
forest landscape-scale restoration
program (16 U.S.C. 2109a).
*
*
*
*
*
(23) * * *
(xiv) Section 122 of the Act (42 U.S.C.
9622), with respect to settlement, but
excluding section 122(b)(1) of the Act.
*
*
*
*
*
(31) Enter into cooperative
agreements, which may provide for the
acquisition of goods or services,
including personal services, as
authorized by Public Law 106–387 (7
U.S.C. 6962a).
(32) Administer the following
provisions of the Agriculture
Improvement Act of 2018 (Pub. L. 116–
334):
(i) Section 1704 (7 U.S.C. 1308–3a),
authorizing waivers of the adjusted
gross income limitation.
(ii) In consultation with the
Administrator, Farm Service Agency,
and the Director of the U.S. Fish and
Wildlife Service, Section 2707 (16
U.S.C. 1531 note), relating to wildlife
management.
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(iii) In coordination with the Under
Secretary for Marketing and Regulatory
Programs, Section 2408 (7 U.S.C. 8351
note), relating to the Feral Swine
Eradication and Control Pilot Program.
(iv) Section 8628, relating to the
purchase of Natural Resources
Conservation Service property in
Riverside County, California.
(v) Section 12302, relating to the
Office of Urban Agriculture and
Innovative Production.
*
*
*
*
*
20. Amend § 2.44 by adding paragraph
(a)(9) to read as follows:
■
§ 2.44 Administrator, Risk Management
Agency and Manager, Federal Crop
Insurance Corporation.
(a) * * *
(9) Coordinate with the
Administrator, Farm Service Agency, on
the type and format of data received
under the noninsured crop assistance
program authorized by Sec. 196 of the
Federal Agriculture Improvement and
Reform Act of 1996 (Pub. L 104–127, as
amended) (7 U.S.C. 7333).
*
*
*
*
*
Subpart G—Delegations of Authority
by the Under Secretary for Rural
Development
§ 2.48 Administrator, Rural BusinessCooperative Service.
21. Correctly designate §§ 2.45
through 2.49 as subpart G under the
heading set forth above.
■ 22. Add § 2.45 to read as follows:
■
§ 2.45 Deputy Under Secretary for Rural
Development.
Pursuant to § 2.17(a), subject to
reservations in § 2.17(b), and subject to
policy guidance and direction by the
Under Secretary for Rural Development,
the following delegation of authority is
made to the Deputy Under Secretary for
Rural Development, to be exercised only
during the absence or unavailability of
the Under Secretary: Perform all the
duties and exercise all the powers
which are now or which may hereafter
be delegated to the Under Secretary for
Rural Development.
■ 23. Amend § 2.47 by revising (a)(1)
and adding paragraphs (a)(9), (11), and
(15) to read as follows:
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§ 2.47 Administrator, Rural Utilities
Service.
(a) * * *
(1) Administer the Rural
Electrification Act of 1936, as amended
(7 U.S.C. 901, et seq.): Provided,
however, that the Administrator may
utilize consultants and attorneys for the
provision of legal services pursuant to 7
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U.S.C. 918, with the concurrence of the
General Counsel.
*
*
*
*
*
(9) Consult with the Assistant
Secretary of Commerce for
Communications and Information to
assist in the verification of eligibility of
the broadband loan and grant programs
of the Department of Agriculture (7
U.S.C. 950bb–6).
*
*
*
*
*
(11) In coordination with the Federal
Communications Commission,
administer Section 12511 of the
Agriculture Improvement Act of 2018
(Pub. L. 115–334) relating to the
precision agriculture connectivity task
force.
*
*
*
*
*
(15) In coordination with the Office of
Tribal Relations, provide technical
assistance to improve access by Tribal
entities to rural development programs
funded by the Department of
Agriculture through available
cooperative agreement authorities (7
U.S.C. 2671).
*
*
*
*
*
■ 24. Amend § 2.48 by adding paragraph
(a)(15), revising paragraphs (a)(28) and
(29), and adding paragraphs (a)(35) and
(36) to read as follows:
(a) * * *
(15) In coordination with the Office of
Tribal Relations, provide technical
assistance to improve access by Tribal
entities to rural development programs
funded by the Department of
Agriculture through available
cooperative agreement authorities (7
U.S.C. 2671).
*
*
*
*
*
(28) In coordination with the
Administrator of the Agricultural
Marketing Service, administer the valueadded producer grants program and
farmers’ markets and local food
promotion program (7 U.S.C.
1627c(d)(5)–(6)).
(29) Administer the Agriculture
Innovation Center Demonstration
program (7 U.S.C. 1632b).
*
*
*
*
*
(35) 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).
(36) Entering into cooperative
agreements to further research programs
in the food and agricultural sciences,
related to establishing and
implementing Federal biobased
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procurement and voluntary biobased
labeling programs (7 U.S.C. 3318).
*
*
*
*
*
■ 25. Amend § 2.49 by adding
paragraphs (a)(7) and (9) to read as
follows:
§ 2.49 Administrator, Rural Housing
Service.
(a) * * *
(7) In coordination with the Office of
Tribal Relations, provide technical
assistance to improve access by Tribal
entities to rural development programs
funded by the Department of
Agriculture through available
cooperative agreement authorities (7
U.S.C. 2671).
*
*
*
*
*
(9) In consultation with the
Department of Justice, Secretary of
Housing and Urban Development, and
Secretary of Health and Human
Services, administer the emergency and
transitional pet shelter and housing
assistance grant program (34 U.S.C.
20127).
*
*
*
*
*
Subpart I—Delegations of Authority by
the Under Secretary for Food,
Nutrition, and Consumer Services
26. Amend § 2.57 by adding
paragraphs (a)(1)(xiii) and (xiv) and
revising paragraph (a)(2)(xii) to read as
follows:
■
§ 2.57 Administrator, Food and Nutrition
Service
(a) * * *
(1) * * *
(xiii) Section 4208 of the Agriculture
Improvement Act of 2018 (7 U.S.C.
2026a).
(xiv) Section 12614 of the Agriculture
Improvement Act of 2018 (7 U.S.C.
6925).
(2) * * *
(xii) Emergency Food Assistance Act
of 1983, as amended (7 U.S.C. 7501 et
seq.);
*
*
*
*
*
Subpart J—Delegations of Authority by
the Under Secretary for Natural
Resources and Environment
27. Amend § 2.60 by revising
paragraph (a) to read as follows:
■
§ 2.60
Chief, Forest Service.
(a) Delegations. Pursuant to
§ 2.20(a)(1), (2), and (6), (a)(7)(ii), and
(a)(8), the following delegations of
authority are made by the Under
Secretary for Natural Resources and
Environment to the Chief of the Forest
Service:
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(1) Provide national leadership in
forestry. (As used here and elsewhere in
this section, the term ‘‘forestry’’
encompasses renewable and
nonrenewable resources of forests,
including lands governed by the Alaska
National Interest Lands Conservation
Act, forest-related rangeland, grassland,
brushland, woodland, and alpine areas
including but not limited to recreation,
range, timber, minerals, watershed,
wildlife and fish; natural scenic,
scientific, cultural, and historic values
of forests and related lands; and
derivative values such as economic
strength and social well-being).
(2) Protect, manage, and administer
the national forests, national forest
purchase units, national grasslands, and
other lands and interests in lands
administered by the Forest Service,
which collectively are designated as the
National Forest System.
(3) Acquire, dispose, and lease lands
and interest in lands as may be
authorized for the protection,
management, and administration of the
National Forest System, except that the
authority to approve acquisition of land
under the Weeks Act of March 1, 1911,
as amended, and special forest receipts
acts (Pub. L. No. 337, 74th Cong., 49
Stat. 866, as amended by Pub. L. 310,
78th Cong., 58 Stat. 227; Pub. L. 505,
75th Cong., 52 Stat. 347, as amended by
Pub. L. 310, 78th Cong., 58 Stat. 227;
Pub. L. 634, 75th Cong., 52 Stat. 699, as
amended by Pub. L. 310, 78th Cong., 58
Stat. 227; Pub. L. No. 748, 75th Cong.,
52 Stat. 1205, as amended by Pub. L.
310, 78th Cong., 58 Stat. 227; Pub. L.
427, 76th Cong., 54 Stat. 46; Pub. L. 589,
76th Cong., 54 Stat. 297; Pub. L. 591,
76th Cong., 54 Stat. 299; Pub. L. 637,
76th Cong., 54 Stat. 402; Pub. L. 781,
84th Cong., 70 Stat. 632) is limited to
acquisitions of less than $250,000 in
value.
(4) As necessary for administrative
purposes, divide into and designate as
national forests any lands of 3,000 acres
or less which are acquired under or
subject to the Weeks Act of March 1,
1911, as amended, and which are
contiguous to existing national forest
boundaries established under the
authority of the Weeks Act.
(5) Plan and administer wildlife and
fish conservation rehabilitation and
habitat management programs on
National Forest System lands, pursuant
to 16 U.S.C. 670g, 670h, and 670.
(6) For the purposes of the National
Forests System Drug Control Act of 1986
(16 U.S.C. 559b 559g), specifically
designate certain specially trained
officers and employees of the Forest
Service, not exceeding 500, to have
authority in the performance of their
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duties within the boundaries of the
National Forest System:
(i) To carry firearms;
(ii) To enforce and conduct
investigations of violations of section
401 of the Controlled Substance Act (21
U.S.C. 841) and other criminal
violations relating to marijuana and
other controlled substances that are
manufactured, distributed, or dispensed
on National Forest System lands;
(iii) To make arrests with a warrant or
process for misdemeanor violations, or
without a warrant for violations of such
misdemeanors that any such officer or
employee has probable cause to believe
are being committed in that employee’s
presence or view, or for a felony with
a warrant or without a warrant if that
employee has probable cause to believe
that the person being arrested has
committed or is committing such a
felony;
(iv) To serve warrants and other
process issued by a court or officer of
competent jurisdiction;
(v) To search, with or without a
warrant or process, any person, place, or
conveyance according to Federal law or
rule of law; and
(vi) To seize, with or without warrant
or process, any evidentiary item
according to Federal law or rule of law.
(7) Cooperate with the law
enforcement officials of any Federal
agency, State, or political subdivision,
in the investigation of violations of, and
enforcement of, section 401 of the
Controlled Substances Act (21 U.S.C.
841), other laws and regulations relating
to marijuana and other controlled
substances, and State drug control laws
or ordinances, within the boundaries of
the National Forest System.
(8) Administer programs under
section 23 of the Federal Highway Act
(23 U.S.C. 101(a), 120(f), 125(a)–(c), 138,
202(a)–(b), 203, 204(a)–(c), 205(a)–(d),
211, 317, 401).
(9) Administer provisions of the
Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C.
1272, 1305) as they relate to
management of the National Forest
System.
(10) Conduct, support, and cooperate
in investigations, experiments, tests,
and other activities deemed necessary to
obtain, analyze, develop, demonstrate,
and disseminate scientific information
about protecting, managing, and
utilizing forest and rangeland renewable
resources in rural, suburban, and urban
areas in the United States and foreign
countries. The activities conducted,
supported, or cooperated in shall
include, but not be limited to:
Renewable resource management
research; renewable resource
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65517
environmental research; renewable
resource protection research, renewable
resource utilization research, and
renewable resource assessment research
(16 U.S.C. 1641–1647).
(11) Use authorities and means
available to disseminate the knowledge
and technology developed from forestry
research (16 U.S.C. 1645).
(12) Coordinate activities with other
agencies in USDA, other Federal and
State agencies, forestry schools, and
private entities and individuals (16
U.S.C. 1643).
(13) Enter into contracts, grants, and
cooperative agreements for the support
of scientific research in forestry
activities (7 U.S.C. 3105, 1624; 16 U.S.C.
582a–8, 1643–1645, 1649).
(14) Enter into cooperative research
and development agreements with
industry, universities, and others;
institute a cash award program to
reward scientific, engineering, and
technical personnel; award royalties to
inventors; and retain and use royalty
income (15 U.S.C. 3710a–3710c).
(15) Enter into contracts, grants, or
cooperative agreements to further
research, extension, or teaching
programs in the food and agricultural
sciences (7 U.S.C. 3152, 3318).
(16) Enter into cost-reimbursable
agreements relating to agricultural
research, extension, or teaching
activities (7 U.S.C. 3319a).
(17) Administer programs of
cooperative forestry assistance in the
protection, conservation, and multiple
resource management of forests and
related resources in both rural and
urban areas and forest lands in foreign
countries (16 U.S.C. 2101–2114).
(18) Provide assistance to States and
other units of government in forest
resources planning and forestry rural
revitalization (7 U.S.C. 6601, 6611–
6617; 16 U.S.C. 2107).
(19) Conduct a program of technology
implementation for State forestry
personnel, private forest landowners
and managers, vendors, forest operators,
public agencies, and individuals (16
U.S.C. 2107).
(20) Administer rural fire protection
and control program (16 U.S.C. 2106c).
(21) Provide technical assistance on
forestry technology or the
implementation of the conservation
reserve and softwood timber programs
authorized in sections 1231–1244 and
1254 of the Food Security Act of 1985
(16 U.S.C. 3831–3844; 7 U.S.C. 1981
note).
(22) Administer forest insect, disease,
and other pest management programs
(16 U.S.C. 2104).
(23) Exercise the custodial functions
of the Secretary for lands and interests
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in lands under lease or contract of sale
to States and local agencies pursuant to
title III of the Bankhead–Jones Farm
Tenant Act and administer reserved and
reversionary interests in lands conveyed
under that Act (7 U.S.C. 1010–1013a).
(24) Under such general program
criteria and procedures as may be
established by the Natural Resources
Conservation Service:
(i) Administer the forestry aspects of
the programs listed in paragraphs
(a)(24)(i)(A) through (C) of this section
on the National Forest System,
rangelands with national forest
boundaries, adjacent rangelands which
are administered under formal
agreement, and other forest lands:
(A) The cooperative river basin
surveys and investigations program (16
U.S.C. 1006);
(B) The eleven authorized watershed
improvement programs and emergency
flood prevention measures program
under the Flood Control Act of 1944
(Pub. L. 78–534);
(C) The small watershed protection
program under the Pilot Watershed
Protection and Watershed Protection
and Flood Prevention Acts (7 U.S.C.
701a–h; 16 U.S.C. 1001–1009).
(ii) Exercise responsibility in
connection with the forestry aspects of
the resource conservation and
development program authorized by
title III of the Bankhead–Jones Farm
Tenant Act (7 U.S.C. 1011(e)).
(25) Provide assistance to the Farm
Service Agency in connection with the
agricultural conservation program, the
naval stores conservation program, and
the cropland conversion program (16
U.S.C. 590g–q).
(26) Provide assistance to the Rural
Housing Service in connection with
grants and loans under authority of
section 303 of the Consolidated Farm
and Rural Development Act, 7 U.S.C.
1923;
(27) Coordinate mapping work of
USDA including:
(i) Clearing mapping projects to
prevent duplication;
(ii) Keeping a record of mapping done
by USDA agencies;
(iii) Preparing and submitting
required USDA reports;
(iv) Serving as liaison on mapping
with the Office of Management and
Budget, Department of the Interior, and
other departments and establishments;
(v) Promoting interchange of technical
mapping information, including
techniques which may reduce costs or
improve quality; and
(vi) Maintaining the mapping records
formerly maintained by the Office of
Operations.
(28) Administer the radio frequency
licensing work of USDA, including:
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(i) Representing USDA on the
Interdepartmental Radio Advisory
Committee and its Frequency
Assignment Subcommittee of the
National Telecommunications and
Information Administration,
Department of Commerce;
(ii) Establishing policies, standards,
and procedures for allotting and
assigning frequencies within USDA and
for obtaining effective utilization of
them;
(iii) Providing licensing action
necessary to assign radio frequencies for
use by the agencies of USDA and
maintenance of the records necessary in
connection therewith; and
(iv) Providing inspection of USDA’s
radio operations to ensure compliance
with national and international
regulations and policies for radio
frequency use.
(29) Represent USDA in all matters
relating to responsibilities and
authorities under the Federal Power Act
(16 U.S.C. 791a–823).
(30) Administer the Youth
Conservation Corps Act (16 U.S.C.
1701–1706)) for USDA.
(31) Establish and operate the Job
Corps Civilian Conservation Centers on
National Forest System lands as
authorized by title I, sections 106 and
107 of the Economic Opportunity Act of
1964 (42 U.S.C. 2716), in accordance
with the terms of an agreement dated
May 11, 1967, between the Secretary of
Agriculture and the Secretary of Labor;
and administration of other cooperative
manpower training and work experience
programs where the Forest Service
serves as host or prime sponsor with
other Departments of Federal, State, or
local governments.
(32) Administer the Volunteers in the
National Forests Act of 1972 (16 U.S.C.
558a–558d, 558a note).
(33) Exercise the functions of the
Secretary of Agriculture authorized in
the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3101–
3215).
(34) Administer responsibilities and
functions assigned under the Defense
Production Act of 1950, as amended (50
U.S.C. 4501 et seq.), and title VI of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5121 et seq.), relating to forests and
forest products, rural fire defense, and
forestry research.
(35) Represent USDA on Regional
Response Teams on hazardous spills
and oil spills pursuant to the
Comprehensive Environmental
Response, Compensation, and Liability
Act, as amended (42 U.S.C. 9601 et
seq.), the Clean Water Act, as amended
(33 U.S.C. 1251 et seq.), the Oil
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Pollution Act (OPA), as amended (33
U.S.C. 2701 et seq.), Executive Order
12580, 3 CFR, 1987 Comp., p. 193,
Executive Order 12777, 3 CFR, 1991
Comp., p. 351, and the National
Contingency Plan, 40 CFR part 300.
(36) Exercise the functions of the
Secretary as authorized in the Wild and
Scenic Rivers Act (16 U.S.C. 1271–1287,
except for making recommendations to
the President regarding additions to the
National Wild and Scenic Rivers
System.
(37) Issue proposed rules relating to
the authorities delegated in this section,
issue final rules and regulations as
provided in 36 CFR 261.70, issue
technical amendments and corrections
to final rules issued by the Secretary or
Under Secretary for Natural Resources
and Environment, and issue proposed
and final rules necessary and
appropriate to carry out title VIII of the
Alaska National Interest Lands
Conservation Act (16 U.S.C. 3101–3215)
with regard to National Forest System
Lands.
(38) Jointly administer gypsy moth
eradication activities with the Animal
and Plant Health Inspection Service,
under the authority of section 102 of the
Organic Act of 1944, as amended; and
the Act of April 6, 1937, as amended (7
U.S.C. 7759, 148, 148a–148e); and the
Talmadge Aiken Act (7 U.S.C. 1633), by
assuming primary responsibility for
treating isolated gypsy moth infestations
on Federal lands, and on State and
private lands contiguous to infested
Federal lands, and any other
infestations over 640 acres on State and
private lands.
(39) 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
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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(g) of the Act (42
U.S.C. 9613(g)), with respect to
receiving notification of a natural
resource trustee’s intent to file suit;
(x) 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;
(xi) Section 116(a) of the Act (42
U.S.C. 9616(a)), with respect to
preliminary assessment and site
inspection of facilities;
(xii) 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;
(xiii) Section 119 of the Act (42 U.S.C.
9619), with respect to indemnifying
response action contractors;
(xiv) Section 121 of the Act (42 U.S.C.
9621), with respect to cleanup
standards; and
(xv) 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.
(40) Exercise the functions of the
Secretary authorized in the Federal
Onshore Oil and Gas Leasing Reform
Act of 1987 (30 U.S.C. 226 et seq.).
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(41) 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 Amendment, 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.).
(42) With respect to land and facilities
under his or her authority, exercise the
functions delegated to the Secretary by
Executive Order 12580, 3 CFR, 1987
Comp., p. 193, and Executive Order
12777, 3 CFR, 1991 Comp., p. 351, to act
as Federal trustee for natural resources
in accordance with section 107(f) of the
Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9607(f)), section
311(f)(5) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(f)(5)), and
section 1006(b)(2) of the Oil Pollution
Act of 1990 (33 U.S.C. 2706(b)(2)).
(43) With respect to land and facilities
under his or her authority, to exercise
the authority vested in the Secretary of
Agriculture to act as the ‘‘Federal Land
Manager’’ pursuant to the Clean Air Act,
as amended, 42 U.S.C. 7401 et seq.
(44) Administer the Public Lands
Corps program (16 U.S.C. 1721 et seq.)
for USDA consistent with the
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65519
Department’s overall national service
program.
(45) [Reserved]
(46) Focusing on countries that could
have a substantial impact on global
warming, provide assistance that
promotes sustainable development and
global environmental stability; share
technical, managerial, extension, and
administrative skills; provide education
and training opportunities; engage in
scientific exchange; and cooperate with
domestic and international
organizations that further international
programs for the management and
protection of forests, rangelands,
wildlife, fisheries and related natural
resources (16 U.S.C. 4501–4505).
(47) Exercise the functions of the
Secretary of Agriculture authorized in
Title V of the Department of the Interior
and Related Agencies Appropriations
Act of 1998, Public Law 105–83, relating
to the acquisition so the New World
Mines and other priority land
acquisitions, land exchanges, and other
activities.
(48) Establish programs with any
bureau of the U.S. Department of the
Interior (DOI), or with other agencies
within USDA, in support of the Service
First initiative for the purpose of
promoting customer service and
efficiency, including delegating to
employees of DOI and other USDA
agencies the authorities of the Forest
Service necessary to carry out projects
on behalf of USDA (43 U.S.C. 1703).
(49) At the request of the Director,
Homeland Security Staff (Director),
designate law enforcement personnel of
the Forest Service to assist the Director
in providing for the personal security
for the Secretary and the Deputy
Secretary in the National Forest System.
(50) 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)).
(51) Administer a program, through
the Deputy Chief of State and Private
Forestry, for providing loans to eligible
units of local government to finance the
purchase of equipment to monitor,
remove, dispose of, and replace infested
trees located under their jurisdiction
and within the borders of quarantined
areas (16 U.S.C. 2104a).
(52) [Reserved]
(53) Administer the community wood
energy program providing grants to
develop community wood energy plans,
acquire or upgrade community wood
energy systems, and establish or expand
biomass consumer cooperatives (7
U.S.C. 8113).
(54) Conduct activities that assist the
Director, Office of Environmental
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Markets, in developing guidelines
regarding the development of
environmental services markets.
(55) Administer the programs
authorized by the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6501
et seq.), except for the Healthy Forests
Reserve Program authorized in title V of
such act (16 U.S.C. 6571–6578).
(56) Administer Good Neighbor
contracts and cooperative agreements
with a State to carry out forest,
rangeland, and watershed restoration
services on National Forest System
lands (16 U.S.C. 2113a).
(57) Utilize the Agriculture
Conservation Experienced Services
(ACES) Program (16 U.S.C. 3851) to
provide technical services for
conservation-related programs and
authorities carried out on National
Forest System lands (16 U.S.C. 3851a).
(58) Enter into reciprocal fire
agreements or contracts with domestic
entities. Administer reimbursements
received for fire suppression (16 U.S.C.
1856–1856e).
(59) Administer the large airtanker
and aerial asset lease program (16 U.S.C.
551c).
(60) Provide technical and other
assistance with respect to eligibility of
forest products for the ‘‘USDA Certified
Biobased Products’’ labeling program (7
U.S.C. 8102(g)).
(61) Cooperate with public or private
entities or individuals to perform work
on state, county, municipal, or private
lands within or near the boundary of
National Forest System lands for
administration, protection,
improvement, reforestation, and other
kinds of work the Forest Service is
authorized to do on National Forest
System lands, and cooperate with
public or private entities or individuals
to perform the same kinds of work in
connection with the use or occupancy of
National Forest System lands (16 U.S.C.
572).
(62) Enter into reciprocal fire
agreements with foreign fire
organizations. (42 U.S.C. 1856m–1856o).
(63) Administer the payments to
states program (16 U.S.C. 500; 16 U.S.C.
7101–7153); establish, maintain, and
appoint members to Resource Advisory
Committees (16 U.S.C. 7125).
(64) Administer the Wood Innovation
Grant program (7 U.S.C. 7655d).
*
*
*
*
*
Subpart K—Delegations of Authority
by the Under Secretary for Research,
Education, and Economics
28. Amend § 2.65 by revising
paragraph (a)(2) and adding paragraphs
(a)(30) and (47) to read as follows:
■
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§ 2.65 Administrator, Agricultural
Research Service.
(a) * * *
(2) Conduct research related to the
economic feasibility of the manufacture
and commercialization of natural rubber
from hydrocarbon-containing plants and
other critical agricultural materials from
native agricultural crops having
strategic and industrial importance (7
U.S.C. 178–178n).
*
*
*
*
*
(30) Promote cooperation and
coordination between 1862, 1890, 1994,
and NLGCA Institutions, HSACUs, and
cooperating forestry schools and
international partner institutions in
developing countries by exercising the
Secretary’s authority in 7 U.S.C. 3292,
including coordinating with the
Administrator, Foreign Agricultural
Service to place interns from covered
institutions in, or in service to benefit,
developing countries.
*
*
*
*
*
(47) Establish a National Plant Disease
Recovery System to engage in strategic
long-range planning to recover from
high-consequence plant transboundary
diseases (7 U.S.C. 8914(d)).
*
*
*
*
*
■ 29. Amend § 2.66 by:
■ a. Revising paragraph (a)(1);
■ b. Adding paragraphs (a)(9), (14), (15),
(21), (27), (34), (35), (43), (56), (77), (79),
(91), and (103);
■ c. Revising paragraph (a)(132); and
■ d. Adding paragraphs (a)(137) and
(152).
The revisions to read as follows:
§ 2.66 Director, National Institute of Food
and Agriculture.
(a) * * *
(1) Administer research and
technology development grants related
to the economic feasibility of the
manufacture and commercialization of
natural rubber from hydrocarboncontaining plants and other critical
agricultural materials from native
agricultural crops having strategic and
industrial importance (7 U.S.C. 178–
178n).
*
*
*
*
*
(9) Administer a next generation
agriculture technology challenge
competition to incentivize mobile
technology that removes marketplace
entry barriers for beginning farmers and
ranchers (7 U.S.C. 3158).
*
*
*
*
*
(14) Administer a program to make
competitive grants to assist in the
construction, alteration, acquisition,
modernization, renovation, or
remodeling of agricultural research
facilities (7 U.S.C. 390b).
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(15) Promote cooperation and
coordination between 1862, 1890, 1994,
and NLGCA Institutions, HSACUs, and
cooperating forestry schools and
international partner institutions in
developing countries by exercising the
Secretary’s authority in 7 U.S.C. 3292,
including coordinating with the
Administrator, Foreign Agricultural
Service to place interns from covered
institutions in, or in service to benefit,
developing countries.
*
*
*
*
*
(21) Administer grants to 1890
Institutions, including Tuskegee
University, for purposes of awarding
scholarships to individuals pursuing
careers in the food and agricultural
sciences (7 U.S.C. 3222a).
*
*
*
*
*
(27) Make competitive grants to landgrant colleges and universities,
including 1994 Institutions, to provide
identifiable support specifically targeted
for Tribal students (7 U.S.C. 3222e).
*
*
*
*
*
(34) Administer competitive grants for
the acquisition of special purpose
scientific research equipment for use in
the food and agricultural sciences
programs of eligible institutions (7
U.S.C. 3310a).
(35) Establish a National Plant
Diagnostic Network to monitor and
surveil through diagnostics threats to
plant health from diseases or pests of
concern in the United States and
establish cooperative agreements with
land-grant colleges and universities (7
U.S.C. 8914(c)).
*
*
*
*
*
(43) In consultation with the Urban
Agriculture and Innovative Production
Advisory Committee, administer
competitive grants to support research,
education, and extension activities for
the purposes of facilitating the
development of urban, indoor, and other
emerging agricultural production,
harvesting, transportation, aggregation,
packaging, distribution, and markets (7
U.S.C. 5925g).
*
*
*
*
*
(56) Prepare an annual report to
Congress on disbursements of funds for
agricultural research and extension at
1890 and 1862 Institutions for programs
under the following authorities: 7 U.S.C.
3221; 7 U.S.C. 3222; 7 U.S.C. 343(b) and
(c); and 7 U.S.C. 361a et seq. (7 U.S.C.
2207d).
*
*
*
*
*
(77) Recognize centers of excellence,
led by 1890 Institutions, focused on
student success and workforce
development; nutrition, health,
wellness, and quality of life; farming
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systems, rural prosperity, and economic
sustainability; global food security and
defense, natural resources, energy, and
environment; and emerging
technologies, and submit an annual
report to Congress on the resources
invested in and work being done by
such centers (7 U.S.C. 5926).
*
*
*
*
*
(79) Administer grants to consortia of
land-grant colleges and universities to
enhance the ability of the consortia to
carry out multi-State research projects
aimed at understanding and combating
diseases of wheat, triticale, and barley
caused by Fusarium graminearum and
related fungi or Tilletia indica and
related fungi (7 U.S.C. 7628).
*
*
*
*
*
(91) Administer an experienced
services program to obtain technical,
professional, and administrative
services to support the research,
education, and economics mission area
of the Department (16 U.S.C. 3851).
*
*
*
*
*
(103) In consultation with the
Administrator of the Food and Nutrition
Service, administer pilot projects to
encourage the use of public-private
partnerships committed to addressing
food insecurity (7 U.S.C. 2036d).
*
*
*
*
*
(132) Administer a program of
competitive grants, establish education
teams, and establish an online
clearinghouse of curricula and training
materials and programs, all for training,
education, outreach, and technical
assistance initiatives for the benefit of
beginning farmers and ranchers (7
U.S.C. 2279(d)).
*
*
*
*
*
(137) In consultation with the
Secretary of Energy, administer
competitive grants to provide education
about carbon utilization and biogas (7
U.S.C. 8115).
*
*
*
*
*
(152) Administer a competitive grant
program to support the development
and expansion of advanced training
programs in agricultural biosecurity
planning and response for food science
professionals and veterinarians (7 U.S.C.
8913).
*
*
*
*
*
■ 30. Amend § 2.68 by adding paragraph
(a)(14) to read as follows:
§ 2.68 Administrator, National Agricultural
Statistics Service.
(a) * * *
(14) Collect and, not less frequently
than once every 3 years report, data and
analysis on farmland ownership, tenure,
transition, and entry of beginning
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farmers and ranchers and socially
disadvantaged farmers and ranchers (7
U.S.C. 2204i).
*
*
*
*
*
§ 2.69
[Amended]
31. Amend § 2.69 in paragraph (b) by
removing the term ‘‘Research,
Education, and Extension Office’’ and
adding in its place the term ‘‘Office of
the Chief Scientist’’.
■
Subpart L—Delegations of Authority
by the Chief Economist
32. Amend § 2.72 by adding paragraph
(a)(2)(v) to read as follows:
■
§ 2.72 Chairman, World Agricultural
Outlook Board.
(a) * * *
(2) * * *
(v) Coordinate with the Director of the
National Drought Mitigation Center and
the Administrator of the National
Oceanic and Atmospheric
Administration to enhance the
collection of data to improve the
accuracy of the United States Drought
Monitor (7 U.S.C. 5856).
*
*
*
*
*
■ 33. Amend § 2.75 by adding paragraph
(a)(2) to read as follows:
§ 2.75 Director, Office of Pest Management
Policy.
(a) * * *
(2) Conduct a multiple crop and
pesticide use survey as authorized by
section 10109 of the Agricultural
Improvement Act of 2018.
*
*
*
*
*
Subpart N—Delegations of Authority
by the Under Secretary for Marketing
and Regulatory Programs
34. Amend § 2.79 by revising
paragraph (a)(8)(lxiii) and adding
paragraphs (a)(8)(lxxiii), (lxxvi), (lxxx),
and (a)(23) and (24) to read as follows:
■
§ 2.79 Administrator, Agricultural
Marketing Service.
(a) * * *
(8) * * *
(lxiii) Local Agriculture Market
Program (7 U.S.C. 1627c), in
coordination with the Administrator,
Rural Business-Cooperative Service.
*
*
*
*
*
(lxxiii) Section 12108 of the
Agriculture Improvement Act of 2018 (7
U.S.C. 1622 note).
*
*
*
*
*
(lxxvi) Section 4206 of the Agriculture
Improvement Act of 2018 (7 U.S.C.
7518).
*
*
*
*
*
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(lxxx) Section 12513 of the
Agriculture Improvement Act of 2018 (7
U.S.C. 1632d).
*
*
*
*
*
(23) Administer the Economic
Adjustment Assistance for Textile Mills
program (7 U.S.C. 9037(c)).
(24) In coordination with
Administrator, Farm Service Agency,
administer payments under the Special
Competitive Provisions for Extra Long
Staple Cotton (7 U.S.C. 9038).
*
*
*
*
*
■ 35. Amend § 2.80 by revising
paragraphs (a)(14), (19), (26), and (27)
and adding paragraphs (a)(49) through
(52) to read as follows:
§ 2.80 Administrator, Animal and Plant
Health Inspection Service.
(a) * * *
(14) Talmadge-Aiken Act (7 U.S.C.
1633) with respect to cooperation with
States in control and eradication of
plant and animal diseases and pests.
*
*
*
*
*
(19) Section 101(d), Organic Act of
1944 (7 U.S.C. 398).
*
*
*
*
*
(26) The Act of March 2, 1931 (7
U.S.C. 8351–8352).
(27) The Act of December 22, 1987 (7
U.S.C. 8353).
*
*
*
*
*
(49) Section 11013 of the Food,
Conservation, and Energy Act of 2008 (7
U.S.C. 8322).
(50) In coordination with the Chief,
Natural Resources Conservation Service,
Section 2408 relating to the Feral Swine
Eradication and Control Pilot Program
(7 U.S.C. 8351 note).
(51) Section 12203(b) of the
Agriculture Improvement Act of 2018
relating to diseases and pests of concern
(7 U.S.C. 8914(b)).
(52) Section 12601 of the Agriculture
Improvement Act of 2018 relating to
baiting of migratory game birds (16
U.S.C. 704 note).
*
*
*
*
*
Subpart P—Delegations of Authority
by the Assistant Secretary for
Administration
§ 2.89
■
[Removed and Reserved]
36. Remove and reserve § 2.89.
§ 2.90
[Amended]
37. Amend § 2.90 by removing
paragraphs (a)(1)(vi) and (vii).
■ 38. Add § 2.94 to read as follows:
■
§ 2.94 Chief Security Director, Office of
Safety, Security, and Protection.
(a) Delegations from the Assistant
Secretary for Administration. Pursuant
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to § 2.24(a)(8) and (9), 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 Chief Security
Director:
(1) Promulgate Departmental policies,
standards, techniques, and procedures;
and represent the Department in
maintaining the security of physical
facilities and providing security
guidance to the Food and Agricultural
Sector nationwide. This includes the
following activities:
(i) Lead and coordinate the
development and maintenance of a
mission critical facility inventory with
agency involvement to ensure proper
security countermeasures are
implemented in the Department’s most
critical infrastructure.
(ii) Provide guidance to USDA
agencies in matters of physical security
through use of physical security
assessments and development of
mitigation strategies.
(iii) Conduct physical security
investigations and compliance reviews
Department-wide.
(iv) Review and provide coordinated
technical physical security assessments
for all new construction of laboratories,
data centers, germplasm repositories,
and other mission critical infrastructure
during the design phase, and all leased
facilities prior to contract award.
(v) Oversee and manage physical
security aspects of the Common
Identification Card (LincPass) Program
to ensure National Institute of Standards
and Technology (NIST) and General
Services Administration (GSA)
compliancy within the National Capital
Region and the physical access to USDA
facilities.
(vi) Provide enterprise connectivity to
agency physical access control systems
that provide cost leveraging and
provisioning/de-provisioning
nationwide.
(2) Promulgate Departmental
regulations, standards, techniques, and
procedures and represent the
Department in managing and
maintaining a comprehensive physical
and technical security program
including access control, management
of special police officer and guard
services, executive driving, parking, ID
badging in accordance with HSPD–12,
occupant emergency and warden
services at the USDA Headquarters
Complex, George Washington Carver
Center and, in coordination with GSA,
USDA leased facilities in the
Washington, DC metropolitan area, as
well as at emergency relocation sites
and certain critical facilities specified
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by the Assistant Secretary for
Administration.
(3) Carry out protection operations for
the Secretary, Deputy Secretary, and
other individuals as specified in Section
12520 of the Agriculture Improvement
Act of 2018, including by authorizing
law enforcement officers or special
agents to carry firearms; conduct
criminal investigations into potential
threats to the security of individuals
protected under Section 12520; make
arrests without a warrant for any offense
against the United States committed in
the presence of the law enforcement
officer or special agent; perform
protective intelligence work, including
identifying and mitigating potential
threats and conducting advance work to
review security matters relating to sites
and events; and coordinate with local
law enforcement authorities (7 U.S.C.
2279k).
(b) [Reserved]
■ 39. Amend § 2.95 by revising
paragraph (b) to read as follows:
§ 2.95 Director, Office of Homeland
Security.
*
*
*
*
*
(b) Delegations from the Assistant
Secretary for Administration. Pursuant
to § 2.24(a)(8), 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 Homeland
Security:
(1) Serve as the principal advisor to
the Secretary on homeland security,
including emergency management and
agriculture and food defense;
(2) Coordinate activities of the
Department, including policies,
processes, budget needs, and oversight
relating to homeland security, including
emergency management and agriculture
and food defense;
(3) Act as the primary liaison on
behalf of the Department with other
Federal departments and agencies in
activities relating to homeland security,
including emergency management and
agriculture and food defense, and
provide for interagency coordination
and data sharing;
(4) Coordinate in the Department the
gathering of information relevant to
early warning and awareness of threats
and risks to the food and agriculture
critical infrastructure sector; and share
that information with, and provide
assistance with interpretation and risk
characterization of that information to,
the intelligence community (as defined
in 5 U.S.C. 3003), law enforcement
agencies, the Secretary of Defense, the
Secretary of Homeland Security, the
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Secretary of Health and Human
Services, and State fusion centers (as
defined in section 210A(j) of the
Homeland Security Act of 2002 (6
U.S.C. 124h(j));
(5) Liaise with the Director of
National Intelligence to assist in the
development of periodic assessments
and intelligence estimates, or other
intelligence products, that support the
defense of the food and agriculture
critical infrastructure sector;
(6) Coordinate the conduct,
evaluation, and improvement of
exercises to identify and eliminate gaps
in preparedness and response;
(7) Produce a Department-wide
centralized strategic coordination plan
to provide a high-level perspective of
the operations of the Department
relating to homeland security, including
emergency management and agriculture
and food defense; and
(8) Establish and carry out an
interagency Agriculture and Food
Threat Awareness Partnership Program,
including by entering into cooperative
agreements or contracts with Federal,
State, or local authorities (7 U.S.C.
6922).
(9) Administer the Department
Emergency Preparedness Program. This
includes:
(i) Coordinate the delegations and
assignments made to the Department
under the Defense Production Act of
1950, 50 U.S.C. App. 2061, et seq.; the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C.
5121, et seq.; and by Executive Orders
12148, ‘‘Federal Emergency
Management’’ (3 CFR, 1979 Comp., p.
412), 12656, ‘‘Assignment of Emergency
Preparedness Responsibilities’’ (3 CFR,
1988 Comp., p. 585), and 13603,
‘‘National Defense Resources
Preparedness’’ (3 CFR, 2012 Comp., p.
225), or any successor to these
Executive Orders, to ensure that the
Department has sufficient capabilities to
respond to any occurrence, including
natural disaster, military attack,
technological emergency, or any all
hazards incident.
(ii) Manage the Department
Emergency Operations Center at
Headquarters and the Secretary’s
alternative facilities; provide senior staff
with international, national, and
regional situational awareness reports;
and provide and maintain current
information systems technology and
National Security Systems to support
USDA executive crisis management
capability.
(iii) Provide facilities and equipment
to facilitate inter-agency coordination
during emergencies.
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(iv) Activate the USDA incident
management system in accordance with
the National Response Framework and
the National Incident Management
System in the event of a major incident;
and provide oversight and coordination
of the Department’s Emergency Support
Functions as outlined in the National
Response Framework.
(v) Develop and promulgate policies
for the Department regarding emergency
preparedness and national security,
including matters relating to antiterrorism and agriculture-related
emergency preparedness planning, both
national and international, and
guidance to USDA State and County
Emergency Boards.
(vi) [Reserved]
(vii) Provide representation and
liaison for the Department in contacts
with other Federal entities and
organizations, including the National
Security Council, Homeland Security
Council, Office of Management and
Budget, Department of Homeland
Security, Federal Emergency
Management Agency, Office of The
Director of National Intelligence, and
Department of Defense concerning
matters of a national security, natural
disaster, other emergencies, and
agriculture/food-related international
civil emergency planning and related
activities.
(viii) Act as the primary USDA
representative for anti-terrorism
activities.
(ix) [Reserved]
(x) Provide guidance and direction
regarding radiological emergency
preparedness programs and the
implementation of the National
Response Framework’s Nuclear/
Radiological Incident Annex to
Departmental staff offices, mission
areas, and agencies.
(xi) Provide program leadership and
coordination for USDA’s radiological
emergency preparedness requirements
with respect to Emergency Management
and Assistance (44 CFR parts 350
through 352).
(xii) Represent USDA on the Federal
Radiological Preparedness Coordinating
Committee (FRPCC) and Regional
Assistance Committees (RACs) and
assist them in carrying out their
functions.
(xiii) Support USDA in its
management of the Department’s
emergency response program with
respect to radiological emergency
response activities.
(xiv) [Reserved]
(10) Administer the Classified
Network, Controlled Unclassified
Information, and Insider Threat
programs of the Department (E.O.
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19:16 Oct 14, 2020
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13587; E.O. 13556 and 32 CFR part
2002).
(11) Serve as the primary point of
contact for Government Accountability
Office (GAO) and Office of the Inspector
General (OIG) audits of USDA homeland
security activities.
(12) Coordinate interaction between
Department agencies and private sector
businesses and industries in emergency
planning and public education under
Department authorities delegated or
assigned under the National Response
Framework, National Infrastructure
Protection Plan, Defense Production Act
of 1950, 50 U.S.C. App. 2061, et seq.,
and Robert T. Stafford Disaster Relief
and Emergency Assistance Act, 42
U.S.C. 5121, et seq.
(13) Oversee the Department’s ability
to collect and disseminate information
and prepare for an agricultural disease
emergency, agroterrorist act, or other
threat to agricultural biosecurity, and
coordinate such activities among
agencies and offices within the
Department (7 U.S.C. 8912).
(14) Promulgate Departmental
policies, standards, techniques, and
procedures and represent the
Department in providing security
guidance to the Food and Agricultural
Sector nationwide. This includes the
following duties:
(i) Provide guidance to USDA
agencies and the Food and Agricultural
Sector in matters of security through use
of assessments and development of
mitigation strategies.
(ii) Represent and act as liaison for the
Department in contacts with other
Federal security entities and
organizations, including the Interagency
Security Committee and the Department
of Homeland Security.
(iii) Provide guidance and direction to
ensure physical security and
agriculture/food security are fully
integrated in USDA’s security
preparations, which are reported to and
coordinated with the White House.
(iv) Provide assistance to the USDA
agencies in preparation for and during
a disaster to identify critical assets and
possible alternate storage locations.
(15) Provide oversight and
coordination of the development and
administration of the Department
Continuity Program. This includes:
(i) Provide guidance and direction
regarding continuity of operations to the
Office of the Secretary, Departmental
staff offices, mission areas, and
agencies.
(ii) Represent and act as liaison for the
Department in contacts with other
Federal entities and organizations
concerning matters of assigned
continuity program responsibilities.
PO 00000
Frm 00025
Fmt 4701
Sfmt 4700
65523
(iii) Oversee Department continuity of
operations and emergency relocation
facility planning, development,
equipping, and preparedness to ensure
that resources are in a constant state of
readiness.
(16) Provide for the development and
administration of a Public Trust
program for the safeguarding of national
security information:
(i) Direct and administer USDA’s
public trust program established
pursuant to 5 CFR part 731 and
Executive Order 13488, ‘‘Granting
Reciprocity on Excepted Service and
Federal Contractor Employee Fitness
and Reinvestigating Individuals in
Positions of Public Trust’’ (74 FR 4111,
3 CFR, 2010 Comp., p. 189).
(ii) Direct and administer USDA’s
program under which information is
safeguarded pursuant to Executive
Order 13526, ‘‘Classified National
Security Information’’ (75 FR 707, 3
CFR, 2010 Comp., p. 298), or subsequent
orders.
(iii) Establish and maintain
Information Security policies and
procedures for classifying, declassifying,
safeguarding, and disposing of classified
national security information and
materials.
(iv) Investigate or delegate authority
to investigate any potential
compromises of classified national
security information and take corrective
action for violations or infractions under
section 5.5(b), of Executive Order 13526
or any subsequent order.
(v) Develop and maintain oversight of
all facilities throughout USDA where
classified national security information
is or will be safeguarded, discussed, or
processed including sole authority to
liaison with the Central Intelligence
Agency concerning guidance, approval,
requirements, and oversight of USDA
secure facilities.
(vi) Act as the USDA focal point to
identify, receive, disseminate and
safeguard USDA related intelligence
information as required; convey
information to USDA policy officials;
and liaise with the intelligence
community, as appropriate.
(17) Control within USDA the
acquisition, use, and disposal of
material and equipment that can be a
source of ionizing radiation.
(i) Promulgate policies and
procedures for ensuring the safety of
USDA employees, the public, and the
environment resulting from USDA’s use
of ionizing radiation sources.
(ii) Maintain and ensure compliance
with the Nuclear Regulatory
Commission regulations (Title 10, Code
of Federal Regulations) and license(s)
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issued to USDA for the acquisition, use,
and disposal of radioactive materials.
§ 2.96
[Amended]
40. Amend § 2.96 by removing and
reserving paragraph (a)(3).
■
Subpart T—Delegations of Authority
by the Chief Financial Officer
41. Amend § 2.500 by revising the
section heading, and in the section text
by removing ‘‘Deputy Chief Financial
Officer’’ and adding in its place
‘‘Principal Deputy Chief Financial
Officer’’.
The revision reads as follows:
■
§ 2.500 Principal Deputy Chief Financial
Officer.
*
*
*
*
*
Subpart U—Delegations of Authority
by the Under Secretary for Trade and
Foreign Agricultural Affairs
42. Amend § 2.601 by adding
paragraphs (a)(21), (46), (49), and (51) to
read as follows:
■
§ 2.601 Administrator, Foreign Agricultural
Service.
jbell on DSKJLSW7X2PROD with RULES3
(a) * * *
(21) Promote cooperation and
coordination between 1862, 1890, 1994,
and NLGCA Institutions, HSACUs, and
cooperating forestry schools and
international partner institutions in
developing countries by exercising the
Secretary’s authority in 7 U.S.C. 3292,
including coordinating with the Director
of the National Institute of Food and
Agriculture and Administrator of the
Agricultural Research Service to place
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19:16 Oct 14, 2020
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interns from covered institutions in, or
in service to benefit, developing
countries.
*
*
*
*
*
(46) Administer the International
Agricultural Education Fellowship
Program (7 U.S.C. 3295).
*
*
*
*
*
(49) Compile and make available
information relating to the improvement
of international food security, and
provide technical assistance for the
improvement of international food
security to Federal, State, or local
agencies; agencies or instrumentalities
of the government of foreign country;
domestic or international organizations;
or intergovernmental organizations (7
U.S.C. 1736dd).
*
*
*
*
*
(51) In consultation with the Tribal
Advisory Committee and the Director of
the Office of Tribal Relations, and in
coordination with the Secretaries of
Commerce, State, Interior, and the heads
of any other relevant Federal agencies,
implement section 3312 of the
Agriculture Improvement Act of 2018 (7
U.S.C. 5608) to support greater
inclusion of Tribal agricultural food
products in Federal trade activities.
*
*
*
*
*
Subpart V—Delegations of Authority
by the Director, Office of Partnerships
and Public Engagement
43. Amend § 2.700 by revising
paragraph (a)(4) to read as follows:
■
§ 2.700 Director, Office of Advocacy and
Outreach.
PO 00000
(a) * * *
Frm 00026
(4) Administer section 2501 of the
Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2279), as
amended, except for the beginning
farmer and rancher development
program in subsection (d) and
authorities related to the Census of
Agriculture and economic studies in
subsection (j) of that section.
*
*
*
*
*
44. Amend § 2.701 by adding
paragraphs (a)(6) through (8) to read as
follows:
■
§ 2.701
Director, Office of Tribal Relations.
(a) * * *
(6) Consult with the Administrator,
Foreign Agricultural Service on the
implementation of section 3312 of the
Agriculture Improvement Act of 2018 (7
U.S.C. 5608) to support greater
inclusion of Tribal agricultural food
products in Federal trade activities.
(7) In coordination with the
Administrators of the Rural Utilities
Service, Rural Business-Cooperative
Service, and Rural Housing Service,
provide technical assistance to improve
access by Tribal entities to rural
development programs funded by the
Department of Agriculture through
available cooperative agreement
authorities (7 U.S.C. 2671).
(8) Oversee the Tribal Advisory
Committee (7 U.S.C. 6921).
*
*
*
*
*
Stephen L. Censky,
Deputy Secretary of Agriculture.
[FR Doc. 2020–20092 Filed 10–9–20; 8:45 am]
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[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Rules and Regulations]
[Pages 65500-65524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20092]
[[Page 65499]]
Vol. 85
Thursday,
No. 200
October 15, 2020
Part III
Department of Agriculture
-----------------------------------------------------------------------
7 CFR Part 2
Revision of Delegations of Authority; Final Rule
Federal Register / Vol. 85 , No. 200 / Thursday, October 15, 2020 /
Rules and Regulations
[[Page 65500]]
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DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 2
RIN 0503-AA66
Revision of Delegations of Authority
AGENCY: Office of the Secretary, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document revises the delegations of authority from the
Secretary of Agriculture and general officers of the Department of
Agriculture (USDA) to reflect changes and additions to the delegations
required by the Agriculture Improvement Act of 2018 and for other
purposes, as summarized below.
DATES: Effective October 15, 2020.
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. Under Secretary for Rural Development and Principal Deputy Chief
Financial Officer
Section 12407 of the Agriculture Improvement Act of 2018 (Pub. L.
115-334) amended Section 231 of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6941) to direct the Secretary to
establish the position of Under Secretary for Rural Development (RD) as
a permanent Presidentially appointed, Senate-confirmed position. The
Secretary implemented this provision on August 12, 2019 by establishing
the position of Under Secretary for RD and transferring the delegations
of authority at 7 CFR 2.17, previously delegated to the Assistant to
the Secretary for Rural Development, to the Under Secretary for RD, and
realigning the agencies and entities of the RD mission area to report
to the Under Secretary for RD. See SM 1076-031 available at https://www.ocio.usda.gov/document/secretarys-memorandum-1076-031. The
Secretary also reestablished the position of Deputy Under Secretary for
RD and delegated to this position the authority to perform all the
duties delegated to the Under Secretary for RD during the absence or
unavailability of the Under Secretary. This rule accordingly updates
the references to the former position of Assistant to the Secretary for
Rural Development throughout part 2 to read ``Under Secretary for Rural
Development,'' and adds a new section of delegations by the Under
Secretary for RD to the Deputy Under Secretary for RD at 2.45.
In the same Secretary's Memorandum, the Secretary established a new
position, Principal Deputy Chief Financial Officer. This rule revises
the delegations of authority at 2.500 to reflect that the authorities
previously delegated to the Deputy Chief Financial Officer have been
transferred to the Principal Deputy Chief Financial Officer.
B. Agriculture Improvement Act of 2018
The Secretary previously delegated authorities under the
Agriculture Improvement Act of 2018 (``the Act'') in Secretary's
Memorandum 1076-030 (July 1, 2019), available at https://www.ocio.usda.gov/document/secretarys-memorandum-1076-030. This rule
codifies those delegations and makes other changes to existing
delegations required by the Act, as follows. Note that delegations of
authority made by SM 1076-030 to conduct or prepare a one-time study,
report, economic analysis, or similar activity remain in effect until
such study, report, economic analysis, or similar activity is completed
and are not reflected in this rulemaking.
Section 1203 of Title I of the Act amends section 1207(c) of the
Agricultural Act of 2014 (7 U.S.C. 9037) to rename the Economic
Adjustment Assistance to Users of Upland Cotton as ``Economic
Adjustment Assistance for Textile Mills,'' and revises Section 1207(c)
of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8737) to
remove a redundant authority. This Rule revises the delegations of
authority for the Under Secretary for Marketing and Regulatory Programs
(MRP) at 2.22 and the Administrator for the Agricultural Marketing
Service (AMS) at 2.79 to reflect that the Secretary transferred
responsibility for administering this program from the Farm Service
Agency (FSA) Deputy Administrator, Commodity Operations to the AMS
Warehouse and Commodity Management Division as part of a Departmental
reorganization in November 2017.
Section 1204 of the Act extends the authority for the Special
Competitive Provisions for Extra Long Staple Cotton program at Section
1208 of the Agricultural Act of 2014 (7 U.S.C. 9038) through 2024 and
revises the loan rate triggering payment. This rule revises the
delegations of authority for the Under Secretary MRP and the
Administrator for AMS to reflect that the Secretary transferred
responsibility for administering payments under subsections (c) and (d)
of this authority from FSA to the AMS Warehouse and Commodity
Management Division as part of a Departmental reorganization in
November 2017. FSA continues to perform responsibilities under 7 U.S.C.
9038 under its general delegation of authority to administer programs
of the Commodity Credit Corporation at 2.42(a)(45), through the Under
Secretary for Farm Production and Conservation (FPAC) at
2.16(a)(1)(xxv).
Section 1601 amends section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333) concerning the
noninsured crop assistance program (NAP). FSA continues to administer
NAP under its general delegation of authority to administer programs of
the Commodity Credit Corporation. This rule revises the delegations of
authority to the Administrator of the Risk Management Agency (RMA) at
2.44, through the Under Secretary of FPAC, to include the authority to
coordinate with the Administrator of FSA on the type and format of data
collected under NAP to ensure that the data is available and useful in
developing policies and plans offered under the Federal Crop Insurance
Act.
Section 2301 of Title II of the Act made a number of amendments to
chapter 4 of subtitle D of title XII of the Food Security Act of 1985
which resulted in changes to the existing statutory citations for
conservation authorities delegated to the Chief of the Natural
Resources Conservation Service (NRCS) at 2.43, through the Under
Secretary for FPAC. This rule revises the delegations of authority for
NRCS and FPAC to reflect the updated citations. In addition, this rule
adds new delegations of authority for FPAC and NRCS for the feral swine
eradication and control program authorized under section 2408 of the
Act.
This rule revises the delegations of authority to the Under
Secretary for Trade and Foreign Agricultural Affairs (TFAA) at 2.26 and
the Administrator of the Foreign Agricultural Service (FAS) at 2.601 to
include delegations for the following new authorities under Title III
of the Act: Section 3307 (International Agricultural Education and
Fellowship Program); section 3308 (International Food Security
Technical Assistance); and section 3312 (Foreign Trade Missions).
The rule also revises the delegations of authority to the Director
of the Office
[[Page 65501]]
of Tribal Relations (OTR) at 2.701, through the Director of the Office
of Office of Partnerships and Public Engagement (OPPE) at 2.38, to
include the authority to consult with the Under Secretary for TFAA on
the implementation of section 3312 of the Act to support greater
inclusion of Tribal agricultural food products in Federal trade
activities. The Director of OTR continues to advise the Secretary on
matters of policy related to Indian tribes and to serve as the primary
point of contact in accessing Department-wide information regarding
tribal issues.
Title IV of the Act provides three new authorities that require
delegations. Section 4021 amends the Food and Nutrition Act of 2008 to
authorize pilot projects to encourage the use of public-private
partnerships committed to addressing food insecurity. This rule adds a
new delegation of authority for the Director of the National Institute
of Food and Agriculture (NIFA) at 2.66, through the Under Secretary for
Research, Education, and Economics (REE) at 2.21, to administer this
program in consultation with the Under Secretary for Food, Nutrition,
and Consumer Services (FNCS) and Administrator of the Food and
Nutrition Service (FNS). Section 4206 authorizes a micro-grant program
to increase food security, which is delegated to the Under Secretary
for MRP and the Administrator of AMS. This rule also revises the
delegations of the Under Secretary for FNCS at 2.19 and the
Administrator of FNS at 2.57 to include a new authority under section
4208 of the Act for health fluid milk incentive projects.
Sections 4018 and 4104 of the Act makes several changes to the
Emergency Food Assistance Act of 1983 (EFAA). The authority to
administer the EFAA is covered by existing delegations to the Under
Secretary for FNCS and the Administrator of FNS; this rule revises
those delegations to reflect that the EFAA has been amended and to
update the U.S. Code citation for the EFAA, which is now located at 7
U.S.C. 7501 et seq.
Title V of the Act, at section 5413, includes a new authority
requiring the Secretary to submit to Congress on an annual basis a
report describing certain characteristics of producers receiving farm
loans and aspects of the loans for each State and county of the United
States, and to submit to Congress every five years a comprehensive
review of all annual reports. This authority has been delegated to the
Under Secretary of FPAC and redelegated to the Administrator of FSA.
Title VI of the Act, at section 6212, includes a new authority
requiring the Secretary of Agriculture to consult with the Assistant
Secretary of Commerce for Communications and Information to assist in
the verification of eligibility of the broadband loan and grant
programs of the Department of Agriculture (7 U.S.C. 950bb-6). This rule
revises the delegations of authority for the Under Secretary for Rural
Development (formerly the Assistant to the Secretary for Rural
Development) at 2.17 and the delegations of authority for the
Administrator of the Rural Utilities Service (RUS) at 2.47 to include
this authority.
Section 6302 of the Act is a new provision directing the Secretary,
in coordination with the Office of Tribal Relations, to provide
technical assistance to improve access by Tribal entities to rural
development programs funded by the Department of Agriculture through
available cooperative agreement authorities (7 U.S.C. 2671). This rule
delegates this authority to the Under Secretary for RD at 2.17 and
redelegates the authority to the Administrators of RUS, the Rural
Business Cooperative Service (RBS), and the Rural Housing Service (RHS)
at 2.47, 2.48, and 2.49, respectively. It also revises the delegations
of authority to the Director of OTR to reflect this new authority.
Section 6504 of the Act makes changes to the Rural Economic
Development Loan and Grant program at sections 313 and 313B of the
Rural Electrification Act of 1936. The authority to administer the
grant programs had previously been delegated by the Under Secretary for
RD to the Administrator of RBS at 2.48, and the general delegation of
authority from the Under Secretary for RD to the RUS Administrator to
administer the Rural Electrification Act of 1936 at 2.47 had expressly
excluded the authority to administer the rural economic development
loan and grant program. This rule revises the general delegation of
authority to the RUS Administrator at 2.47(a)(1) to remove the
exception for the administration of the rural economic development loan
and grant program to reflect the Secretary's intent that the RUS
Administrator have delegated authority for the program under the Rural
Electrification Act.
Subtitle A of Title VII of the Act adds several sections to the
National Agricultural Research, Extension, and Teaching Policy Act of
1977 that require new delegations of authority. Section 7110 of the Act
(7 U.S.C. 3158) authorizes a next generation agriculture technology
challenge competition to incentivize mobile technology that removes
marketplace entry barriers for beginning farmers and ranchers. Section
7116 of the Act (7 U.S.C. 2207d) directs the Secretary to prepare an
annual report for Congress on disbursements of funds for agricultural
research and extension at 1890 and 1862 Institutions under specific
program authorities. Section 7117 (7 U.S.C. 3222a) authorizes grants to
1890 Institutions for purposes of awarding scholarships to individuals
pursuing careers in the food and agricultural sciences, and section
7120 (7 U.S.C. 3222e) authorizes competitive grants to land-grant
colleges and universities to provide support for Tribal students.
Section 7126 (7 U.S.C. 3310a) authorizes competitive grants for the
acquisition of special purpose scientific research equipment for use in
the food and agricultural sciences programs of eligible institutions.
This rule revises the delegations to reflect that all these authorities
are delegated to the Under Secretary for REE and redelegated to the
Director of NIFA.
Section 7123 of the Act (7 U.S.C. 3292) authorizes the Secretary to
carry out several activities to promote cooperation and coordination
between land grant institutions and international partner institutions
in developing countries. This rule delegates the authority to carry out
this section to the Administrator of the Agricultural Research Service
(ARS) at 2.65 and the Director of NIFA, through the Under Secretary for
REE, in coordination with the Administrator of FAS through the Under
Secretary for TFAA, on the placement of interns from covered
institutions in developing countries.
Section 7132 of the Act (7 U.S.C. 3319k) establishes a new pilot
program, the Agriculture Advanced Research and Development Authority
(``AGARDA''), which includes the authority to award grants and enter
into contracts, cooperative agreements, and other transactions. The
authority to administer the AGARDA program is delegated to the Under
Secretary for REE.
Section 7212 of the Act (7 U.S.C. 5925g) authorizes the Secretary
to make competitive grants to support development of urban, indoor, and
other emerging agricultural production activities. This authority is
delegated to the NIFA Director through the Under Secretary for REE.
Section 7501 of the Act amends two sections of the Critical
Agricultural Materials Act; this rule updates the language accompanying
the existing delegations to the Under Secretary for REE and NIFA
Director for these authorities codified at 7 U.S.C. 178-178n.
[[Page 65502]]
Section 7505 of the Act amends the Research Facilities Act to
authorize a new competitive grant program to assist in the
construction, alteration, acquisition, modernization, renovation, or
remodeling of agricultural research facilities (7 U.S.C. 390b). This
authority is delegated to the Director of NIFA through the Under
Secretary for REE.
Section 7608 of the Act reauthorizes the Agriculture Innovation
Center Demonstration Program under section 6402 of the Farm Security
and Rural Investment Act of 2002. This rule revises the existing
delegations of authority to the Under Secretary for RD at 2.17 and the
Administrator, Rural Business-Cooperative Service (RBS) at 2.48 to
reflect that this authority has been editorially reclassified from 7
U.S.C. 1621 note to 7 U.S.C. 1632b.
Section 7611 of the Act renames the Agriculture Conservation
Experienced Services (ACES) program authorized under section 1252 of
the Food Security Act of 1985 (16 U.S.C. 3851) the ``Experienced
Services Program'' and expands the authority to cover technical,
professional, and administrative services to support the Research,
Education, and Economics mission area of the Department. This rule adds
new delegations of authority for the expanded program authority to the
Under Secretary for REE and NIFA.
Title VIII of the Act adds or amends several authorities requiring
new delegations of authority. Section 8102 amends the Cooperative
Forestry Assistance Act of 1978 to establish a competitive grant
program to encourage science-based restoration of priority forest
landscapes (16 U.S.C. 2109a). This authority is covered by the existing
general delegations of authority to the Under Secretary for Natural
Resources and Environment (NRE) and the Chief of the Forest Service at
2.20 and 2.60, respectively, to administer programs of cooperative
forestry assistance. This rule revises the delegations of authority for
the Under Secretary for FPAC and the Chief of NRCS to add an authority
for the program at 16 U.S.C. 2109a.
Section 8623 authorizes the Secretary to lease administrative sites
under the Secretary's jurisdiction. This rule revises the general
delegations of authority to the Under Secretary for NRE and the Chief
of the FS to acquire and dispose of Forest Service lands to add leasing
authority. This rule also revises the delegations to the Under
Secretary for FPAC and the Chief of NRCS to include the authority at
Section 8628 of the Act related to the purchase of NRCS property in
Riverside County, California by the Riverside Corona Resource
Conservation District. The rule also delegates the new authority under
Section 8643 of the Act to administer a wood innovation grant program
(7 U.S.C. 7655d) to the Under Secretary for NRE and the Chief of the
Forest Service.
Section 8702 of the Act amends the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C. 7125) to extend the
Resource Advisory Committee functions and modify the membership
requirements. This rule revises the delegations of authority to the
Under Secretary for NRE and the Chief of the Forest Service to include
the authority to administer the Secure Rural Schools payments to states
program (16 U.S.C. 500; 16 U.S.C. 7101-7153); and to establish,
maintain, and appoint members to Resource Advisory Committees (16
U.S.C. 7125). The Secretary previously delegated the authority to the
Under Secretary for NRE to appoint members to the Secure Rural Schools
Resource Advisory Committees in a Secretary's Memorandum issued on
November 28, 2019.
Title IX of the Act at section 2009 amended the biobased market
program authority at section 9002 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8102) to direct the Secretary to
administer the program through the Rural Development mission area, with
the exception of the authority at subsection (g) related to the Forest
Products Laboratory. This rule adds new delegations to the Under
Secretary for RD and the Administrator of RBS to carry out this program
and revokes the delegations of authority for this program for the
Assistant Secretary for Administration and the Director, Office of
Property and Fleet Management at 2.24 and 2.90. The delegated authority
to the Under Secretary for RD and the Administrator of RBS to implement
the biobased market program includes the authority to administer and
amend the regulations related to this program currently located at 7
CFR parts 3201 and 3202.
Section 9011 of the Act establishes a carbon utilization and biogas
education program. This rule adds a delegation of authority for
Administrator of NIFA, through the Under Secretary for REE, to
administer this new competitive grant program (7 U.S.C. 8115).
Section 10102 of the Act establishes a new Local Agriculture Market
Program authority that combines the Farmers' Market and Local Food
Promotion Program formerly located at 7 U.S.C. 3005 and the value-added
agricultural product market development grants formerly located at 7
U.S.C. 1632a(b). The delegations of authority are revised to reflect
that the Local Agriculture Market Program at 7 U.S.C. 1627c will be
administered on a coordinated basis by the Under Secretary for RD,
Administrator, RBS, Under Secretary for MRP, and Administrator, AMS.
The delegations of authority of the Chief Economist (2.29) and the
Director of the Office of Pest Management Policy (OPMP) (2.75) are
revised to include the new authority at Section 10103 of the Act to
conduct a multiple crop and pesticide use survey.
Section 12105 of the Act amended the authority for the National
Aquatic Health Plan under section 11013 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8322). This rule amends the delegations of
the Under Secretary of MRP and the Administrator of the Animal and
Plant Health Inspection Service (APHIS) (2.80) to include this
cooperative agreement authority.
Title XII provides two new authorities that are delegated to the
Under Secretary for MRP and the Administrator of AMS: Section 12108
(Regional Cattle and Carcass Grading Correlation and Training Centers)
and section 12513 (Dairy Business Innovation Initiatives).
Sections 12201 and 12202 of the Act move the authority for the
Office of Homeland Security (OHS) from section 14111 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8911) to subtitle A of
the Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6922) and update the statutory authorities of OHS, including adding an
agriculture and food threat awareness partnership program. OHS remains
organizationally located in Departmental Administration, and this rule
revises the delegations of the Assistant Secretary for Administration
(ASA) at 2.24 and the Director, OHS at 2.95 to reflect the updated
authorities in section 12202 of the Act.
Section 12203 of the Act (7 U.S.C. 8914) provides authority for
responding to plant and animal diseases or pests of concern. This rule
delegates authority under 12203(b) to the Under Secretary for MRP and
the APHIS Administrator; delegates authority under 12203(c) to the
Under Secretary for REE and the NIFA Administrator; and delegates
authority under 12203(d) to the Under Secretary for REE and the ARS
Administrator.
Section 12301 of the Act moves the authority for the beginning
farmer and rancher development program established under section 7405
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3319f)
to section 2501 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279)
[[Page 65503]]
under the newly established ``Farmer Opportunities Training and
Outreach'' subheading. This rule revises the delegations of the Under
Secretary for REE and the NIFA Administrator to update the citation for
the beginning farmer and rancher development program, which continues
to be administered by NIFA. This rule also revises the delegations of
authority for the Director of OPPE and the Director of the Office of
Advocacy and Outreach (OAO) to include updated citations for the 2501
programs (7 U.S.C. 2279).
Section 12302 of the Act amends the Department of Agriculture
Reorganization Act of 1994 to include an Office of Urban Agriculture
and Innovative Production (7 U.S.C. 6923). The Secretary established
this office in the FPAC mission area, under the Chief of NRCS, in
Secretary's Memorandum 1076-030. This rule revises the delegations of
the Under Secretary for FPAC and the Chief, NRCS to include the
authority to carry out the duties of this office.
This rule revises the delegations of authority for the Director of
OTR to include the authority to oversee the Tribal Advisory Committee
established under Section 12303 of the Act as an amendment to section
309 of the Department of Agriculture Reorganization Act of 1994.
Title XII of the Act authorized the Secretary to create five new
coordinator positions in the Department, which the Secretary
established in SM 1076-030. This rule revises the delegations of
authority to include the authority to carry out the duties of these
positions as follows: The Under Secretary for FPAC and the
Administrator, FSA (Section 12304, Beginning Farmer and Rancher
Coordinator); the Director, OPPE (Section 12305, Agricultural Youth
Coordinator); the Under Secretary for RD (Section 12409, Rural Health
Liaison); the Chief Economist (Section 12504, Food Loss and Waste
Reduction Liaison); and the Under Secretary for FNCS and the
Administrator, FNS (Section 12614, Food Access Liaison).
Section 12403(a) of the Act requires the Secretary to conduct civil
rights impact analyses in accordance with Departmental Regulation 4300-
004 issued on October 17, 2016, with respect to the Department's
employment, federally conducted programs and activities, and federally
assisted programs and activities. This authority is delegated to the
Assistant Secretary for Civil Rights at 2.25.
Section 12411 of the Act amends section 251 of the Department of
Agriculture Reorganization Act of 1994 to update the name of the
Research, Education, and Extension Office to the Office of the Chief
Scientist, along with other amendments and corrections. This rule
revises the delegations of authority to the Director, Office of the
Chief Scientist at 2.69 to reflect the updated title.
This rule revises the delegations of authority for the Under
Secretary of RD at 2.17 and the Administrator of the Rural Housing
Service (RHS) at 2.49 to include the new authority of the Secretary at
Section 12502 of the Act, in consultation with the Department of
Justice, Secretary of Housing and Urban Development, and Secretary of
Health and Human Services, to administer the emergency and transitional
pet shelter and housing assistance grant program (34 U.S.C. 20127).
Section 12508 of the Act establishes a program for recognizing
``century farms,'' defined as farms that have been in continuous
operation and owned by the same family for at least 100 years. This
authority is delegated to the Under Secretary of FPAC and, at 2.41, to
the Chief Operating Officer of the FPAC Business Center.
Section 12510 of the Act codifies the Tribal Promise Zones program.
This authority is delegated to the Director of OPPE at 2.38.
Section 12511 of the Act establishes a Task Force for Reviewing the
Connectivity and Technology Needs of Precision Agriculture in the
United States. The Secretary's authority under this section is
delegated to the Under Secretary for RD and the Administrator of RUS.
This rule revises the delegations of authority to the Chief
Economist at 2.29 and the Chairman of the World Agricultural Outlook
Board at 2.72 to include the Secretary's authority under Section 12512
of the Act related to improving the accuracy of the U.S. Drought
Monitor.
This rule also revises the delegations of authority to the Under
Secretary of MRP and the Administrator, AMS to include the Secretary's
authority under Section 12513 of the Act to carry out dairy business
innovation initiatives.
This rule revises the existing delegations of the Under Secretary
for NRE and the Chief of the Forest Service to administer the Public
Lands Corps program to include the new direct hire authority of the
Secretary under Section 12518 of the Act (16 U.S.C. 1726b).
Section 12519 of the Act authorizes the Secretary to
noncompetitively convert to an appointment in the competitive service a
recent graduate or student who is a United States citizen and has been
awarded and successfully completed a scholarship program granted to the
individual by the Department through the 1890 National Scholars Program
or the 1994 Tribal Scholars Program. This authority is delegated to the
ASA at 2.24.
Section 12520 of the Act authorizes the Department to employ law
enforcement officers or special agents to carry out protection
operations for the Secretary, Deputy Secretary, and other specified
individuals, and authorizes the law enforcement officers or special
agents to carry firearms and make arrests without a warrant for any
offense against the United States committed in the presence of the law
enforcement officer or special agent, among other duties. The Secretary
delegates the authority to administer these protective detail
activities to the Chief Security Director of the newly established
Office of Safety, Security and Protection (OSSP) at 2.94 through the
ASA.
The rule revises the delegations of authority of the Under
Secretary for MRP and the APHIS Administrator to include the authority
at Section 12601 of the Act relating to baiting of migratory game
birds.
Section 12605 of the Act establishes a Citrus Trust Fund, funded by
transfers from the Commodity Credit Corporation, to carry out the
Emergency Citrus Disease Research and Extension Program under section
412(j) of the Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7632(j). The authority to administer the Citrus
Trust Fund comes within the scope of the existing delegation to the
Under Secretary of REE and the Administrator of NIFA to administer the
Specialty Crop Research Initiative, so no revisions to the published
delegations are needed.
Section 12607(b) of the Act authorizes the Secretary to collect and
report data and analysis on farmland ownership, tenure, transition, and
entry of beginning farmers and ranchers and socially disadvantaged
farmers and ranchers. This authority is delegated to the Administrator
of the National Agricultural Statistics Service (NASS) through the
Under Secretary for REE.
Finally, Section 12612 of the Act authorizes the Secretary to carry
out a national agriculture imagery program, and Section 12615
authorizes the Secretary to provide farm loan numbers for farm
operators on ``heirs property,'' as defined by the Uniform Partition of
Heirs Property Act. This rule revises the delegations to reflect that
these authorities have been delegated to the Under Secretary for FPAC
and the FSA Administrator.
[[Page 65504]]
C. Office of Safety, Security, and Protection
On September 13, 2019, the Secretary established a new Office of
Safety, Security, and Protection (OSSP) within Departmental
Administration. See SM 1076-032 available at https://www.ocio.usda.gov/document/sm1076-032-office-safety-security-and-protection-091319. OSSP
is headed by a Chief Security Director who reports to the ASA. This
rule adds a new section of delegations by the ASA to the Chief Security
Director, OSSP at 2.94. In addition to the delegation for the
protective services detail authorized by Section 12520 of the Act,
described above, this rule also reflects that the following delegations
of authority have been transferred to the Chief Security Director,
OSSP: The delegations of the ASA previously delegated to the Director
of OHS at 2.95 concerning the protection of physical facilities, and
the delegations of the ASA previously delegated to the Director of the
Office of Operations at 2.96 concerning maintenance of the physical
security program at USDA facilities in the National Capital Region.
D. Realignment of the Office of the Chief Information Officer and the
Departmental Freedom of Information Act (FOIA) Office
In September 2019, the Secretary realigned the Office of the Chief
Information Officer (OCIO) from its previous organizational location in
the Departmental Administration mission area, under the supervision of
the ASA, to report directly to the Office of the Secretary. See SM
1076-034 available at https://www.ocio.usda.gov/document/secretarys-memorandum-1076-034. The Secretary also transferred the Departmental
Freedom of Information Act (FOIA) Office from OCIO to the Office of the
General Counsel (OGC) and designated the General Counsel as the Chief
FOIA Officer. See SM 1076-033 available at https://www.ocio.usda.gov/document/secretarys-memorandum-1076-033.
This rule accordingly reassigns the delegations of authority
related to FOIA previously delegated to the ASA in 2.24 to the General
Counsel in 2.31. The delegations of authority to the ASA related to
information technology and information resources are removed. The
delegations of authority to the Chief Information Officer, previously
located at 2.89 under Subpart P--Delegations of Authority by the
Assistant Secretary for Administration, are now located at 2.32 under
Subpart D--Delegations of Authority to Other General Officers and
Agency Heads.
E. Office of Customer Experience
In February 2018, the Secretary established an Office of Customer
Experience in the Departmental Administration mission area to provide
coordination for efforts to improve customer service across the
Department. See SM 1076-022 available at https://www.ocio.usda.gov/document/secretarys-memorandum-1076-022. This authority was extended in
Secretary's Memorandum 1076-030 on July 1, 2019. This rule adds a new
delegation for the ASA to coordinate efforts to improve customer
service to reflect that the Office of Customer Experience is under the
purview of Departmental Administration.
F. Miscellaneous Revisions
In 2017, the Office of the Law Revision Council editorially
reclassified several sections of the U.S. Code formerly located at 7
U.S.C. 450a et seq. to other locations in Title 7 of the U.S. Code.
This rule revises citations throughout Part 2 to reflect the current
U.S. Code citations for these sections, to correct other outdated or
mistaken citations, and to delete obsolete authorities. Due to the
number of updates to the statutory citations for authorities delegated
to the Forest Service and the need to renumber paragraphs, this rule
revises the full text of the delegations of the Under Secretary for NRE
at 2.20(a)(2) and the Chief of the Forest Service at 2.60(a) rather
than providing individual amendments.
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.
0
2. In part 2, revise all references to ``Assistant to the Secretary for
Rural Development'' to read ``Under 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 Rural Development; 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 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. In paragraph (a)(1)(ix), removing the term ``7 U.S.C. 450j et seq.''
and adding, in its place, the term ``7 U.S.C. 4551 et
[[Page 65505]]
seq.'', and in paragraph (a)(1)(xviii), removing the term ``16 U.S.C.
1231 et seq.'' and adding, in its place, the term ``16 U.S.C. 3831 et
seq.'';
0
b. Revising paragraph (a)(1)(xxxvi) introductory text;
0
c. Adding paragraph (a)(1)(xxxix);
0
d. Revising paragraph (a)(3)(iii) introductory text;
0
e. Revising paragraphs (a)(3)(iv)(A) and (a)(3)(v) and (xiii);
0
f. Adding paragraphs (a)(3)(xviii), (xxvi), and (xxvii) and (a)(4)(x);
0
g. Revising paragraph (a)(7)(xiv); and
0
h. Adding paragraph (a)(11).
The revisions and additions to read as follows:
Sec. 2.16 Under Secretary for Farm Production and Conservation.
(a) * * *
(1) * * *
(xxxvi) Administer the following provisions of the Agricultural Act
of 2014, Public Law 113-79, as amended:
* * * * *
(xxxix) Administer the following provisions of the Agriculture
Improvement Act of 2018, Public Law 116-334:
(A) Section 5413 relating to reporting on farm loans (7 U.S.C.
2008x).
(B) Section 12304 relating to the National Beginning Farmer and
Rancher Coordinator (7 U.S.C. 6934a).
(C) Section 12612 relating to a national agriculture imagery
program (7 U.S.C. 2204j).
(D) Section 12615 relating to the eligibility for farm operators on
heirs' property to obtain a farm loan number (7 U.S.C. 2266b).
* * * * *
(3) * * *
(iii) Administer the basic program of soil and water conservation
under Public Law 74-46, and related laws (16 U.S.C. 590a-f, q, q-1; 42
U.S.C. 3271-3274; 7 U.S.C. 2201), including:
* * * * *
(iv) * * *
(A) The eleven authorized watershed projects authorized under the
Flood Control Act of 1944 (Pub. L. 78-534);
* * * * *
(v) 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
those responsibilities assigned to the Under Secretary for Natural
Resources and Environment.
* * * * *
(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 1211-1224 of the Act
(16 U.S.C. 3811-3824).
(B) Technical assistance related to the Conservation Reserve
Program authorized by sections 1231-1235 of the Act (16 U.S.C. 3831-
3835).
(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) prior to February 7, 2014, the transition authority under
section 2703 of the Agricultural Act of 2014, and the Emergency
Supplemental Appropriations for Relief from the Major, Widespread
Flooding in the Midwest Act (Pub. L. 103-75).
(D) The Conservation Security Program authorized by sections 1238-
1238C of the Act (16 U.S.C. 3838-3838c) and the Conservation
Stewardship Program authorized by sections 1240I-1240L-1 (16 U.S.C.
3839aa-21--3839aa-25).
(E) The Farmland Protection Program authorized by sections 1238H-
1238I of the Act (16 U.S.C. 3838h-3838i) prior to February 7, 2014, and
the transition authority under section 2704 of the Agricultural Act of
2014.
(F) The Farm Viability Program authorized by section 1238J of the
Act (16 U.S.C. 3838j) prior to February 7, 2014, and the transition
authority under section 2704 of the Agricultural Act of 2014.
(G) The Environmental Quality Incentives Program authorized by
sections 1240-1240H of the Act (16 U.S.C. 3839aa-3839aa-8), the
Agricultural Water Enhancement Program authorized by section 1240H of
the Act (16 U.S.C. 3839aa-9) prior to February 7, 2014, and section
2706 of the Agricultural Act of 2014.
(H) The conservation of private grazing lands authorized by section
1240M of the Act (16 U.S.C. 3839bb).
(I) The Wildlife Habitat Incentives Program authorized by section
1240N of the Act (16 U.S.C. 3839bb-1) prior to February 7, 2014 and
Section 2707 of the Agricultural Act of 2014.
(J) 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) prior to February 7, 2014, and section 2708 of the
Agricultural Act of 2014.
(K) The Chesapeake Bay Watershed Program authorized by section
1240Q of the Act (16 U.S.C. 3839bb-4) prior to February 7, 2014, and
section 2709 of the Agricultural Act of 2014.
(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) prior to February 7, 2014, and
section 2710 of the Agricultural Act of 2014.
(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) prior to February 7, 2014, and section 2705
of the Agricultural Act of 2014.
(R) The authority in section 1241 of the Act (16 U.S.C. 3841) to
accept and use voluntary contributions of non-Federal funds in support
of natural resources conservation programs under subtitle D of title
XII of the Act with respect to authorities delegated to the Under
Secretary for 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 of the Act (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)).
* * * * *
(xviii) Enter into cooperative agreements, which may provide for
the acquisition of goods or services, including personal services, as
authorized by Public Law 106-387 (7 U.S.C. 6962a).
* * * * *
(xxvi) Administer the state and private forest landscape-scale
restoration program (16 U.S.C. 2109a).
[[Page 65506]]
(xxvii) Administer the following provisions of the Agriculture
Improvement Act of 2018 (Pub. L. 116-334):
(A) Section 1704 (7 U.S.C. 1308-3a), authorizing waivers of the
adjusted gross income limitation.
(B) In consultation with the Director of the U.S. Fish and Wildlife
Service, Section 2707 (16 U.S.C. 1531 note), relating to wildlife
management.
(C) In coordination with the Under Secretary for Marketing and
Regulatory Programs, Section 2408 (7 U.S.C. 8351 note), relating to the
Feral Swine Eradication and Control Pilot Program.
(D) Section 8628, relating to the purchase of Natural Resources
Conservation Service property in Riverside County, California.
(E) Section 12302, relating to the Office of Urban Agriculture and
Innovative Production.
* * * * *
(4) * * *
(x) Coordinate between agencies of the Department on the type and
format of data received under the noninsured crop disaster assistance
program as authorized by Sec. 196 of the Federal Agriculture
Improvement and Reform Act of 1996, (Pub. L. 104-127, as amended) (7
U.S.C. 7333).
* * * * *
(7) * * *
(xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to
settlements, but excluding section 122(b)(1) of the Act.
* * * * *
(11) Administer a Century Farms Program as authorized by section
12508 of the Agriculture Improvement Act of 2018 (7 U.S.C. 2266a).
* * * * *
0
5. Amend Sec. 2.17 by:
0
a. Adding paragraphs (a)(20)(x) and (xv);
0
b. Revising paragraphs (a)(21)(xxi) and (xxii); and
0
c. Adding paragraph (a)(21)(xxviii) and (xxix), (a)(22)(iii), (a)(28),
and (a)(32).
The revisions and additions read as follows:
Sec. 2.17 Under Secretary for Rural Development.
(a) * * *
(20) * * *
(x) Consult with the Assistant Secretary of Commerce for
Communications and Information to assist in the verification of
eligibility of the broadband loan and grant programs of the Department
of Agriculture (7 U.S.C. 950bb-6).
* * * * *
(xv) In coordination with the Federal Communications Commission,
administer Section 12511 of the Agriculture Improvement Act of 2018
(Pub. L. 115-334) relating to the precision agriculture connectivity
task force.
(21) * * *
(xxi) In coordination with the Under Secretary of Marketing and
Regulatory Programs, administer the value-added producer grants program
and farmers' markets and local food promotion program (7 U.S.C.
1627c(d)(5)-(6)).
(xxii) Administer the Agriculture Innovation Center Demonstration
program (7 U.S.C. 1632b).
* * * * *
(xxviii) 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).
(xxix) 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).
(22) * * *
(iii) In consultation with the Department of Justice, Secretary of
Housing and Urban Development, and Secretary of Health and Human
Services, administer the emergency and transitional pet shelter and
housing assistance grant program (34 U.S.C. 20127).
* * * * *
(28) In coordination with the Office of Tribal Relations, provide
technical assistance to improve access by Tribal entities to rural
development programs funded by the Department of Agriculture through
available cooperative agreement authorities (7 U.S.C. 2671).
* * * * *
(32) Oversee the Rural Health Liaison (7 U.S.C. 6946).
* * * * *
0
6. Amend Sec. 2.19 by revising paragraph (a)(1)(i)(A), adding
paragraphs (a)(1)(i)(M) and (N), and revising paragraph (a)(1)(ii)(L)
to read as follows:
Sec. 2.19 Under Secretary for Food, Nutrition, and Consumer Services.
(a) * * *
(1) * * *
(i) * * *
(A) The Food and Nutrition Act of 2008, as amended (7 U.S.C. 2011
et seq.), except for section 25, regarding assistance for community
food projects.
* * * * *
(M) Section 4208 of the Agriculture Improvement Act of 2018 (7
U.S.C. 2026a).
(N) Section 12614 of the Agriculture Improvement Act of 2018 (7
U.S.C. 6925).
(ii) * * *
(L) Emergency Food Assistance Act of 1983, as amended (7 U.S.C.
7501 et seq.);
* * * * *
0
7. Amend Sec. 2.20 by revising paragraph (a)(2) to read as follows:
Sec. 2.20 Under Secretary for Natural Resources and Environment.
(a) * * *
(2) Related to forestry. (i) Provide national leadership in
forestry. (As used here and elsewhere in this section, the term
``forestry'' encompasses renewable and nonrenewable resources of
forests, including lands governed by the Alaska National Interest Lands
Conservation Act, forest-related rangeland, grassland, brushland,
woodland, and alpine areas including but not limited to recreation,
range, timber, minerals, watershed, wildlife and fish; natural scenic,
scientific, cultural, and historic values of forests and related lands;
and derivative values such as economic strength and social well-being).
(ii) Protect, manage, and administer the national forests, national
forest purchase units, national grasslands, and other lands and
interests in lands administered by the Forest Service, which
collectively are designated as the National Forest System.
(iii) Acquire, dispose of, and lease lands and interests in lands
as may be authorized for the protection, management, and administration
of the National Forest System, including the authority to approve
acquisition of land under the Weeks Act of March 1, 1911, as amended
(16 U.S.C. 521), and special forest receipts acts, as follows: (Pub. L.
337, 74th Cong., 49 Stat. 866, as amended by Pub. L. 310, 78th Cong.,
58 Stat. 227; Pub. L. 505, 75th Cong., 52 Stat. 347, as amended by Pub.
L. 310, 78th Cong., 58 Stat. 227; Pub. L. 634, 75th Cong., 52 Stat.
699, as amended by Pub. L. 310, 78th Cong., 58 Stat. 227; Pub. L. 748,
75th Cong., 52 Stat. 1205, as amended by Pub. L. 310, 78th Cong., 58
Stat. 227; Pub. L. 427, 76th Cong., 54 Stat. 46; Pub. L. 589, 76th
Cong., 54 Stat. 297; Pub. L. 591, 76th Cong., 54 Stat. 299; Pub. L.
637, 76th Cong., 54 Stat. 402; Pub. L. 781, 84th Cong., 70 Stat. 632).
(iv) As necessary for administrative purposes, divide into and
designate as national forests any lands of 3,000 acres or more which
are acquired under or subject to the Weeks Act of March 1, 1911, as
amended, and which are contiguous to existing national forest
[[Page 65507]]
boundaries established under the authority of the Weeks Act.
(v) Plan and administer wildlife and fish conservation
rehabilitation and habitat management programs on National Forest
System lands, pursuant to 16 U.S.C. 670g, 670h, and 670o.
(vi) For the purposes of the National Forest System Drug Control
Act of 1986 (16 U.S.C. 559b-559g), specifically designate certain
specially trained officers and employees of the Forest Service, not
exceeding 500, to have authority in the performance of their duties
within the boundaries of the National Forest System:
(A) To carry firearms;
(B) To enforce and conduct investigations of violations of section
401 of the Controlled Substance Act (21 U.S.C. 841) and other criminal
violations relating to marijuana and other controlled substances that
are manufactured, distributed, or dispensed on National Forest System
lands;
(C) To make arrests with a warrant or process for misdemeanor
violations, or without a warrant for violations of such misdemeanors
that any such officer or employee has probable cause to believe are
being committed in that employee's presence or view, or for a felony
with a warrant or without a warrant if that employee has probable cause
to believe that the person being arrested has committed or is
committing such a felony;
(D) To serve warrants and other process issued by a court or
officer of competent jurisdiction;
(E) To search, with or without a warrant or process, any person,
place, or conveyance according to Federal law or rule of law; and
(F) To seize, with or without warrant or process, any evidentiary
item according to Federal law or rule of law.
(vii) Authorize the Forest Service to cooperate with the law
enforcement officials of any Federal agency, State, or political
subdivision, in the investigation of violations of, and enforcement of,
section 401 of the Controlled Substances Act (21 U.S.C. 841), other
laws and regulations relating to marijuana and other controlled
substances, and State drug control laws or ordinances, within the
boundaries of the National Forest System.
(viii) Administer programs under section 23 of the Federal Highway
Act (23 U.S.C. 101(a), 120(f), 125(a)-(c), 138, 202(a)-(b), 203,
204(a)-(c), 205(a)-(d), 211, 317, 402(a)).
(ix) Exercise the administrative appeal review functions of the
Secretary of Agriculture for decisions of the Chief of the Forest
Service pursuant to 36 CFR parts 214, 218, and 219.
(x) Conduct, support, and cooperate in investigations, experiments,
tests, and other activities deemed necessary to obtain, analyze,
develop, demonstrate, and disseminate scientific information about
protecting, managing, and utilizing forest and rangeland renewable
resources in rural, suburban, and urban areas in the United States and
foreign countries. The activities conducted, supported, or cooperated
in shall include, but not be limited to: Renewable resource management
research, renewable resource environmental research; renewable resource
protection research; renewable resource utilization research, and
renewable resource assessment research (16 U.S.C. 1641-1647).
(xi) Use authorities and means available to disseminate the
knowledge and technology developed from forestry research (16 U.S.C.
1645).
(xii) Coordinate activities with other agencies in USDA, other
Federal and State agencies, forestry schools, and private entities and
individuals (16 U.S.C. 1643).
(xiii) Enter into contracts, grants, and cooperative agreements for
the support of scientific research in forestry activities (7 U.S.C.
3105, 1624; 16 U.S.C. 582a-8, 1643-1645, 1649).
(xiv) Enter into cooperative research and development agreements
with industry, universities, and others; institute a cash award program
to reward scientific, engineering, and technical personnel; award
royalties to inventors; and retain and use royalty income (15 U.S.C.
3710a-3710c).
(xv) Enter into contracts, grants, or cooperative agreements to
further research, extension, or teaching programs in the food and
agricultural sciences (7 U.S.C. 3152, 3318).
(xvi) Enter into cost-reimbursable agreements relating to
agricultural research, extension, or teaching activities (7 U.S.C.
3319a).
(xvii) Administer programs of cooperative forestry assistance in
the protection, conservation, and multiple resource management of
forests and related resources in both rural and urban areas and forest
lands in foreign countries (16 U.S.C. 2101-2114).
(xviii) Provide assistance to States and other units of government
in forest resources planning and forestry rural revitalization (7
U.S.C. 6601, 6611-6617; 16 U.S.C. 2107).
(xix) Conduct a program of technology implementation for State
forestry personnel, private forest landowners and managers, vendors,
forest operators, public agencies, and individuals (16 U.S.C. 2107).
(xx) Administer Rural Fire Protection and Control Programs (16
U.S.C. 2106c).
(xxi) Provide technical assistance on forestry technology or the
implementation of the Conservation Reserve and Softwood Timber Programs
authorized in sections 1231-1244 and 1254 of the Food Security Act of
1985 (16 U.S.C. 3831-3844; 7 U.S.C. 1981 note).
(xxii) Administer forest insect, disease, and other pest management
programs (16 U.S.C. 2104).
(xxiii) Exercise the custodial functions of the Secretary for lands
and interests in lands under lease or contract of sale to States and
local agencies pursuant to title III of the Bankhead-Jones Farm Tenant
Act and administer reserved and reversionary interests in lands
conveyed under that Act (7 U.S.C. 1010-1013a).
(xxiv) Under such general program criteria and procedures as may be
established by the Natural Resources Conservation Service:
(A) Administer the forestry aspects of the programs listed in
paragraphs (a)(2)(xxiii)(A)(1) through (3) of this section on the
National Forest System, rangelands with national forest boundaries,
adjacent rangelands which are administered under formal agreement, and
other forest lands;
(1) The cooperative river basin surveys and investigations program
(16 U.S.C. 1006);
(2) The Eleven Authorized Watershed Improvement Programs and
Emergency Flood Prevention Measures Program under the Flood Control Act
of 1944 (Pub. L. 78-534); and
(3) The Small Watershed Protection Program under the Pilot
Watershed Protection and Watershed Protection and Flood Prevention Acts
(7 U.S.C. 701a-h; 16 U.S.C. 1001-1009); and
(B) Exercise responsibility in connection with the forestry aspects
of the Resource Conservation and Development Program authorized by
title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(e)).
(xxv) Provide assistance to the Farm Service Agency in connection
with the Agricultural Conservation Program, the Naval Stores
Conservation Program, and the Cropland Conversion Program (16 U.S.C.
590g-q).
(xxvi) Provide assistance to the Rural Housing Service in
connection with grants and loans under authority of section 303 of the
Consolidated Farm and Rural Development Act, 7 U.S.C. 1923.
(xxvii) Coordinate mapping work of USDA including:
(A) Clearing mapping projects to prevent duplication;
[[Page 65508]]
(B) Keeping a record of mapping done by USDA agencies;
(C) Preparing and submitting required USDA reports;
(D) Serving as liaison on mapping with the Office of Management and
Budget, Department of Interior, and other departments and
establishments;
(E) Promoting interchange of technical mapping information,
including techniques which may reduce costs or improve quality; and
(F) Maintaining the mapping records formerly maintained by the
Office of Operations.
(xxviii) Administer the radio frequency licensing work of USDA,
including:
(A) Representing USDA on the Interdepartmental Radio Advisory
Committee and its Frequency Assignment Subcommittee of the National
Telecommunications and Information Administration, Department of
Commerce;
(B) Establishing policies, standards, and procedures for allotting
and assigning frequencies within USDA and for obtaining effective
utilization of them;
(C) Providing licensing action necessary to assign radio
frequencies for use by the agencies of USDA and maintenance of the
records necessary in connection therewith;
(D) Providing inspection of USDA's radio operations to ensure
compliance with national and international regulations and policies for
radio frequency use; and
(xxix) Represent USDA in all matters relating to responsibilities
and authorities under the Federal Power Act (16 U.S.C. 791a-823).
(xxx) Administer the Youth Conservation Corps Act (16 U.S.C. 1701-
1706) for USDA.
(xxxi) Establish and operate the Job Corps Civilian Conservation
Centers on National Forest System lands as authorized by title I,
sections 106 and 107 of the Economic Opportunity Act of 1964 (42 U.S.C.
2716), in accordance with the terms of an agreement dated May 11, 1967,
between the Secretary of Agriculture and the Secretary of Labor; and
administration of other cooperative manpower training and work
experience programs where the Forest Service serves as host or prime
sponsor with other Departments of Federal, State, or local governments.
(xxxii) Administer the Volunteers in the National Forests Act of
1972 (16 U.S.C. 558a-558d, 558a note).
(xxxiii) Exercise the functions of the Secretary of Agriculture
authorized in the Alaska National Interest Lands Conservation Act (16
U.S.C. 3101-3215).
(xxxiv) Exercise the functions of the Secretary as authorized in
the Wild and Scenic Rivers Act (16 U.S.C. 1271-1287).
(xxxv) Jointly administer gypsy moth eradication activities with
the Assistant Secretary for Marketing and Regulatory Programs, under
the authority of section 102 of the Organic Act of 1944, as amended;
and the Act of April 6, 1937, as amended (7 U.S.C. 7759, 148, 148a-
148e); and the Talmadge Aiken Act (7 U.S.C. 1633), by assuming primary
responsibility for treating isolated gypsy moth infestations on Federal
lands, and on State and private lands contiguous to infested Federal
lands, and any other infestations over 640 acres on State and private
lands.
(xxxvi) Exercise the functions of the Secretary authorized in the
Federal Onshore Oil and Gas Leasing Reform Act of 1987 (30 U.S.C. 226
et seq.).
(xxxvii) Administer the Public Lands Corps program (16 U.S.C. 1721
et seq.; 16 U.S.C. 1726b) for USDA consistent with the Department's
overall national service program.
(xxxviii) Focusing on countries that could have a substantial
impact on global warming, provide assistance that promotes sustainable
development and global environmental stability; share technical,
managerial, extension, and administrative skills; provide education and
training opportunities; engage in scientific exchange; and cooperate
with domestic and international organizations that further
international programs for the management and protection of forests,
rangelands, wildlife, fisheries and related natural resources (16
U.S.C. 4501-4505).
(xxxix) Establish programs with any bureau of the U.S. Department
of the Interior (DOI), or with other agencies within USDA, in support
of the Service First initiative for the purpose of promoting customer
service and efficiency including delegating to employees of DOI and
other USDA agencies the authorities of the Forest Service necessary to
carry out projects on behalf of USDA (43 U.S.C. 1703).
(xl) At the request of the Director, Homeland Security Staff
(Director), designate law enforcement personnel of the Forest Service
to assist the Director in providing for the personal security for the
Secretary and the Deputy Secretary in the National Forest System.
(xli) Implement the information disclosure authorities of section
1619(b)(3)(A) of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8791(b)(3)(A)).
(xlii) Administer a program for providing loans to eligible units
of local government to finance the purchase of equipment to monitor,
remove, dispose of, and replace infested trees located under their
jurisdiction and within the borders of quarantined areas (16 U.S.C.
2104a).
(xliii) [Reserved]
(xliv) Administer the community wood energy program providing
grants to develop community wood energy plans, acquire or upgrade
community wood energy systems, and establish or expand biomass consumer
cooperatives (7 U.S.C. 8113).
(xlv) Conduct activities that assist the Chief Economist in
developing guidelines regarding the development of environmental
services markets.
(xlvi) Administer the programs authorized by the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6501 et seq.), except for the
Healthy Forests Reserve Program authorized in title V of such act (16
U.S.C. 6571-6578).
(xlvii) Administer Good Neighbor contracts and cooperative
agreements with a State to carry out forest, rangeland, and watershed
restoration services on National Forest System lands (16 U.S.C. 2113a).
(xlviii) Utilize the Agriculture Conservation Experienced Services
(ACES) Program (16 U.S.C. 3851) to provide technical services for
conservation-related programs and authorities carried out on National
Forest System lands (16 U.S.C. 3851a).
(xlix) Enter into reciprocal fire agreements or contracts with
domestic entities. Administer reimbursements received for fire
suppression (42 U.S.C. 1856-1856e).
(l) Administer the large airtanker and aerial asset lease program
(16 U.S.C. 551c).
(li) Provide technical and other assistance with respect to
eligibility of forest products for the ``USDA Certified Biobased
Products'' labeling program (7 U.S.C. 8102(g)).
(lii) Cooperate with public or private entities or individuals to
perform work on state, county, municipal, or private lands within or
near the boundary of National Forest System lands for administration,
protection, improvement, reforestation, and other kinds of work the
Forest Service is authorized to do on National Forest System lands, and
cooperate with public or private entities or individuals to perform the
same kinds of work in connection with the use or occupancy of National
Forest System lands (16 U.S.C. 572).
[[Page 65509]]
(liii) Enter into reciprocal fire agreements with foreign fire
organizations. (42 U.S.C. 1856m-1856o).
(liv) Administer the payments to states program (16 U.S.C. 500; 16
U.S.C. 7101-7153); establish, maintain, and appoint members to Resource
Advisory Committees (16 U.S.C. 7125).
(lv) Administer the Wood Innovation Grant program (7 U.S.C. 7655d).
* * * * *
0
8. Amend Sec. 2.21 by:
0
a. Adding paragraph (a)(1)(iii);
0
b. Revising paragraph (a)(1)(iv);
0
c. Adding paragraph (a)(1)(xvii);
0
d. In paragraph (a)(1)(xviii), removing the term ``7 U.S.C. 450a'' and
adding in its place the term ``7 U.S.C. 3318a''; in paragraph
(a)(1)(xix), removing the term ``7 U.S.C. 450i(e)'' and adding in its
place the term ``7 U.S.C. 3157(e)''; and in paragraph (a)(1)(xx),
removing the term ``7 U.S.C. 450i(b), (c)'' and adding in its place the
term ``7 U.S.C. 3157(b), (c)'';
0
e. Adding paragraphs (a)(1)(xxxi), (xlii), (xlv), (lv), (lxiii),
(lxvii), (lxxii), (lxxiii), (lxxviii), (lxxxiii), (cxi), and (cxlii);
0
f. In paragraph (a)(1)(clxxiii), removing the term ``7 U.S.C. 3319f''
and adding in its place the term ``7 U.S.C. 2279(d)'';
0
g. Adding paragraph (a)(1)(cc); and
0
h. Revising paragraph (a)(8)(xi).
The revisions to read as follows:
Sec. 2.21 Under Secretary for Research, Education, and Economics.
(a) * * *
(1) * * *
(iii) Exercise the authorities of the Secretary in administering
the Agriculture Advanced Research and Development Authority, including
awarding grants and entering into contracts, cooperative agreements,
and other transactions (7 U.S.C. 3319k).
(iv) Carry out research, technology development, technology
transfer, and demonstration projects related to the economic
feasibility of the manufacture and commercialization of natural rubber
from plants containing hydrocarbons and other critical agricultural
materials from native agricultural crops having strategic and
industrial importance (7 U.S.C. 178-178n).
* * * * *
(xvii) Administer a program to make competitive grants to assist in
the construction, alteration, acquisition, modernization, renovation,
or remodeling of agricultural research facilities (7 U.S.C. 390b).
* * * * *
(xxxi) Prepare an annual report to Congress on disbursements of
funds for agricultural research and extension at 1890 and 1862
Institutions for programs under the following authorities: 7 U.S.C.
3221; 7 U.S.C. 3222; 7 U.S.C. 343(b) and (c); and 7 U.S.C. 361a et seq.
(7 U.S.C. 2207d).
* * * * *
(xlii) Promote cooperation and coordination between 1862, 1890,
1994, and NLGCA Institutions, HSACUs, and cooperating forestry schools
and international partner institutions in developing countries by
exercising the Secretary's authority in 7 U.S.C. 3292, including
coordinating with the Under Secretary for Trade and Foreign Affairs to
place interns from covered institutions in, or in service to benefit,
developing countries.
* * * * *
(xlv) Administer a next generation agriculture technology challenge
competition to incentivize mobile technology that removes marketplace
entry barriers for beginning farmers and ranchers (7 U.S.C. 3158).
* * * * *
(lv) Administer grants to 1890 Institutions, including Tuskegee
University, for purposes of awarding scholarships to individuals
pursuing careers in the food and agricultural sciences (7 U.S.C.
3222a).
* * * * *
(lxiii) Make competitive grants to land-grant colleges and
universities, including 1994 Institutions, to provide identifiable
support specifically targeted for Tribal students (7 U.S.C. 3222e).
* * * * *
(lxvii) Administer competitive grants for the acquisition of
special purpose scientific research equipment for use in the food and
agricultural sciences programs of eligible institutions (7 U.S.C.
3310a).
* * * * *
(lxxii) Establish a National Plant Diagnostic Network to monitor
and surveil through diagnostics threats to plant health from diseases
or pests of concern in the United States, and establish cooperative
agreements with land-grant colleges and universities (7 U.S.C.
8914(c)).
(lxxiii) Establish a National Plant Disease Recovery System to
engage in strategic long-range planning to recover from high-
consequence plant transboundary diseases (7 U.S.C. 8914(d)).
* * * * *
(lxxviii) In consultation with the Secretary of Energy, administer
competitive grants to provide education about carbon utilization and
biogas (7 U.S.C. 8115).
* * * * *
(lxxxiii) In consultation with the Urban Agriculture and Innovative
Production Advisory Committee, administer competitive grants to support
research, education, and extension activities for the purposes of
facilitating the development of urban, indoor, and other emerging
agricultural production, harvesting, transportation, aggregation,
packaging, distribution, and markets (7 U.S.C. 5925g).
* * * * *
(cxi) Administer an experienced services program to obtain
technical, professional, and administrative services to support the
research, education, and economics mission area of the Department (16
U.S.C. 3851).
* * * * *
(cxlii) In consultation with the Under Secretary for Food,
Nutrition, and Consumer Services, administer pilot projects to
encourage the use of public-private partnerships committed to
addressing food insecurity (7 U.S.C. 2036d).
* * * * *
(cc) Administer a competitive grant program to support the
development and expansion of advanced training programs in agricultural
biosecurity planning and response for food science professionals and
veterinarians (7 U.S.C. 8913).
(8) * * *
(xi) Collect and, not less frequently than once every 3 years
report, data and analysis on farmland ownership, tenure, transition,
and entry of beginning farmers and ranchers and socially disadvantaged
farmers and ranchers (7 U.S.C. 2204i).
* * * * *
0
9. Amend Sec. 2.22 by:
0
a. Revising paragraph (a)(1)(viii)(CCC);
0
b. Adding paragraphs (a)(1)(viii)(MMM), (PPP), and (TTT) and
(a)(1)(xvi) and (xvii);
0
c. Revising paragraphs (a)(2)(ii), (xiv), (xviii), (xxiii), and (xxiv);
and
0
d. Adding paragraphs (a)(2)(xliii) through (xlvi).
The revisions and additions read as follows:
Sec. 2.22 Under Secretary for Marketing and Regulatory Programs.
(a) * * *
(1) * * *
(viii) * * *
(CCC) Local Agriculture Market Program (7 U.S.C. 1627c), in
coordination with the Under Secretary for Rural Development.
* * * * *
[[Page 65510]]
(MMM) Section 12108 of the Agriculture Improvement Act of 2018 (7
U.S.C. 1622 note).
* * * * *
(PPP) Section 4206 of the Agriculture Improvement Act of 2018 (7
U.S.C. 7518).
* * * * *
(TTT) Section 12513 of the Agriculture Improvement Act of 2018 (7
U.S.C. 1632d).
* * * * *
(xvi) Administer the Economic Adjustment Assistance for Textile
Mills program (7 U.S.C. 9037(c))
(xvii) In coordination with the Under Secretary for Farm Production
and Conservation, administer payments under the Special Competitive
Provisions for Extra Long Staple Cotton (7 U.S.C. 9038).
(2) * * *
(ii) The Terminal Inspection Act, as amended (7 U.S.C. 7760);
* * * * *
(xiv) Talmadge Aiken Act (7 U.S.C. 1633) with respect to
cooperation with States in control and eradication of plant and animal
diseases and pests;
* * * * *
(xviii) Section 101(d), Organic Act of 1944 (7 U.S.C. 398);
* * * * *
(xxiii) The Act of March 2, 1931 (7 U.S.C. 8351-8352);
(xxiv) The Act of December 22, 1987 (7 U.S.C. 8353);
* * * * *
(xliii) Section 11013 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8322).
(xliv) In coordination with the Under Secretary for Farm Production
and Conservation, Section 2408 relating to the Feral Swine Eradication
and Control Pilot Program (7 U.S.C. 8351 note),
(xlv) Section 12203(b) of the Agriculture Improvement Act of 2018
relating to diseases and pests of concern (7 U.S.C. 8914(b)).
(xlvi) Section 12601 of the Agriculture Improvement Act of 2018
relating to baiting of migratory game birds (16 U.S.C. 704 note).
* * * * *
0
10. Amend Sec. 2.24 by:
0
a. Removing and reserving paragraph (a)(2);
0
b. Adding paragraph (a)(4)(xxii);
0
c. Removing and reserving paragraphs (a)(6)(ii)(J) and (K); and
0
d. Revising paragraph (a)(8); and
0
e. Adding paragraph (a)(13)(ii).
The addition and revisions read as follows:
Sec. 2.24 Assistant Secretary for Administration.
(a) * * *
(4) * * *
(xxii) Exercise the authority to noncompetitively convert to an
appointment in the competitive service a recent graduate or student who
is a United States citizen and has been awarded and successfully
completed a scholarship program granted to the individual by the
Department through the 1890 National Scholars Program or the 1994
Tribal Scholars Program, provided the individual meets the requirements
for such conversion and meets Office of Personnel Management
qualification standards, as determined by the Assistant Secretary for
Administration (7 U.S.C. 2279j).
* * * * *
(8) Related to homeland security, personnel and document security,
and emergency coordination. (i) Serve as the principal advisor to the
Secretary on homeland security, including emergency management and
agriculture and food defense;
(ii) Coordinate activities of the Department, including policies,
processes, budget needs, and oversight relating to homeland security,
including emergency management and agriculture and food defense;
(iii) Act as the primary liaison on behalf of the Department with
other Federal departments and agencies in activities relating to
homeland security, including emergency management and agriculture and
food defense, and provide for interagency coordination and data
sharing;
(iv) Coordinate in the Department the gathering of information
relevant to early warning and awareness of threats and risks to the
food and agriculture critical infrastructure sector; and share that
information with, and provide assistance with interpretation and risk
characterization of that information to, the intelligence community (as
defined in 5 U.S.C. 3003), law enforcement agencies, the Secretary of
Defense, the Secretary of Homeland Security, the Secretary of Health
and Human Services, and State fusion centers (as defined in section
210A(j) of the Homeland Security Act of 2002 (6 U.S.C. 124h(j));
(v) Liaise with the Director of National Intelligence to assist in
the development of periodic assessments and intelligence estimates, or
other intelligence products, that support the defense of the food and
agriculture critical infrastructure sector;
(vi) Coordinate the conduct, evaluation, and improvement of
exercises to identify and eliminate gaps in preparedness and response;
(vii) Produce a Department-wide centralized strategic coordination
plan to provide a high-level perspective of the operations of the
Department relating to homeland security, including emergency
management and agriculture and food defense; and
(viii) Establish and carry out an interagency Agriculture and Food
Threat Awareness Partnership Program, including by entering into
cooperative agreements or contracts with Federal, State, or local
authorities (7 U.S.C. 6922).
(ix) Provide administrative supervision to the unit that grants,
denies, or revokes security clearances for USDA employees and
contractors.
(x) Administer the Department Emergency Preparedness Program. This
includes:
(A) Coordinate the delegations and assignments made to the
Department under the Defense Production Act of 1950, 50 U.S.C. App.
2061, et seq.; the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121, et seq.; and by Executive Orders 12148,
``Federal Emergency Management'' (3 CFR, 1979 Comp., p. 412), 12656,
``Assignment of Emergency Preparedness Responsibilities'' (3 CFR, 1988
Comp., p. 585), and 13603, ``National Defense Resources Preparedness''
(3 CFR, 2012 Comp., p. 225), or any successor to these Executive
Orders, to ensure that the Department has sufficient capabilities to
respond to any occurrence, including natural disaster, military attack,
technological emergency, or any all hazards incident.
(B) Manage the Department Emergency Operations Center at
Headquarters and the Secretary's alternative facilities; provide senior
staff with international, national, and regional situational awareness
reports; and provide and maintain current information systems
technology and National Security Systems to support USDA executive
crisis management capability.
(C) Provide facilities and equipment to facilitate inter-agency
coordination during emergencies.
(D) Activate the USDA incident management system in accordance with
the National Response Framework and the National Incident Management
System in the event of a major incident; and provide oversight and
coordination of the Department's Emergency Support Functions as
outlined in the National Response Framework.
(E) Develop and promulgate policies for the Department regarding
emergency preparedness and national security, including matters
relating to anti-terrorism and agriculture-related emergency
preparedness planning both
[[Page 65511]]
national and international, and guidance to USDA State and County
Emergency Boards.
(F) [Reserved]
(G) Provide representation and liaison for the Department in
contacts with other Federal entities and organizations, including the
National Security Council, Homeland Security Council, Office of
Management and Budget, Department of Homeland Security, Federal
Emergency Management Agency, Office of The Director of National
Intelligence, and Department of Defense concerning matters of a
national security, natural disaster, other emergencies, and
agriculture/food-related international civil emergency planning and
related activities.
(H) Act as the primary USDA representative for anti-terrorism
activities.
(I) [Reserved]
(J) Provide guidance and direction regarding radiological emergency
preparedness programs and the implementation of the National Response
Framework's Nuclear/Radiological Incident Annex to Departmental staff
offices, mission areas, and agencies.
(K) Provide program leadership and coordination for USDA's
radiological emergency preparedness requirements with respect to
Emergency Management and Assistance (44 CFR parts 350-352).
(L) Represent USDA on the Federal Radiological Preparedness
Coordinating Committee (FRPCC) and Regional Assistance Committees
(RACs) and assist them in carrying out their functions.
(M) Support USDA in its management of the Department's emergency
response program with respect to radiological emergency response
activities.
(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).
(iv) Serve as the primary point of contact for Government
Accountability Office (GAO) and Office of the Inspector General (OIG)
audits of USDA homeland security activities.
(v) Coordinate interaction between Department agencies and private
sector businesses and industries in emergency planning and public
education under Department authorities delegated or assigned under the
National Response Framework, National Infrastructure Protection Plan,
Defense Production Act of 1950, 50 U.S.C. App. 2061, et seq., and
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121, et seq.
(vi) Oversee the Department's ability to collect and disseminate
information and prepare for an agricultural disease emergency,
agroterrorist act, or other threat to agricultural biosecurity, and
coordinate such activities among agencies and offices within the
Department (7 U.S.C. 8912).
(vii) Carry out protection operations for the Secretary, Deputy
Secretary, and other individuals as specified in Section 12520 of the
Agriculture Improvement Act of 2018, including by authorizing law
enforcement officers or special agents to carry firearms; conduct
criminal investigations into potential threats to the security of
individuals protected under Section 12520; make arrests without a
warrant for any offense against the United States committed in the
presence of the law enforcement officer or special agent; perform
protective intelligence work, including identifying and mitigating
potential threats and conducting advance work to review security
matters relating to sites and events; and coordinate with local law
enforcement authorities (7 U.S.C. 2279k).
(viii) Promulgate Departmental policies, standards, techniques, and
procedures; and represent the Department in maintaining the security of
physical facilities and providing security guidance to the Food and
Agricultural Sector nationwide.
(A) Lead and coordinate the development and maintenance of a
mission critical facility inventory with agency involvement to ensure
proper security countermeasures are implemented in the Department's
most critical infrastructure.
(B) Provide guidance to USDA agencies in matters of physical
security through use of physical security assessments and development
of mitigation strategies.
(C) Provide guidance to USDA agencies and the Food and Agricultural
Sector in matters of security through use of assessments and
development of mitigation strategies.
(D) Represent and act as liaison for the Department in contacts
with other Federal security entities and organizations, including the
Interagency Security Committee and the Department of Homeland Security.
(E) Provide guidance and direction to ensure physical security and
agriculture/food security are fully integrated in USDA's security
preparations, which are reported to and coordinated with the White
House.
(F) Provide assistance to the USDA agencies in preparation for and
during a disaster to identify critical assets and possible alternate
storage locations.
(G) Conduct physical security investigations and compliance reviews
Department-wide.
(H) Review and provide coordinated technical physical security
assessments for all new construction of laboratories, data centers,
germplasm repositories, and other mission critical infrastructure
during the design phase, and all leased facilities prior to contract
award.
(I) Oversee and manage physical security aspects of the Common
Identification Card (LincPass) Program to ensure National Institute of
Standards and Technology (NIST) and General Services Administration
(GSA) compliancy within the National Capital Region and the physical
access to USDA facilities.
(J) Provide enterprise connectivity to agency physical access
control systems that provide cost leveraging and provisioning/de-
provisioning nationwide.
(ix) Provide oversight and coordination of the development and
administration of the Department Continuity Program. This includes:
(A) Provide guidance and direction regarding continuity of
operations to the Office of the Secretary, Departmental staff offices,
mission areas, and agencies.
(B) Represent and act as liaison for the Department in contacts
with other Federal entities and organizations concerning matters of
assigned continuity program responsibilities.
(C) Oversee Department continuity of operations and emergency
relocation facility planning, development, equipping, and preparedness
to ensure that resources are in a constant state of readiness.
(x) Provide for the development and administration of a Public
Trust program for the safeguarding of national security information:
(A) Direct and administer USDA's public trust program established
pursuant to 5 CFR part 731 and Executive Order 13488, ``Granting
Reciprocity on Excepted Service and Federal Contractor Employee Fitness
and Reinvestigating Individuals in Positions of Public Trust'' (74 FR
4111, 3 CFR, 2010 Comp., p. 189).
(B) Direct and administer USDA's program under which information is
safeguarded pursuant to Executive Order 13526, ``Classified National
Security Information'' (75 FR 707, 3 CFR, Comp. 2010, p. 298), or
subsequent orders.
(C) Establish and maintain Information Security policies and
procedures for classifying, declassifying, safeguarding, and disposing
of classified
[[Page 65512]]
national security information and materials.
(D) Investigate or delegate authority to investigate any potential
compromises of classified national security information and take
corrective action for violations or infractions under section 5.5(b) of
Executive Order 13526 or any subsequent order.
(E) Develop and maintain oversight of all facilities throughout
USDA where classified national security information is or will be
safeguarded, discussed, or processed including sole authority to
liaison with the Central Intelligence Agency concerning guidance,
approval, requirements, and oversight of USDA secure facilities.
(F) Act as the USDA focal point to identify, receive, disseminate
and safeguard USDA related intelligence information as required; convey
information to USDA policy officials; and liaise with the intelligence
community, as appropriate.
(xi) Control within USDA the acquisition, use, and disposal of
material and equipment that can be a source of ionizing radiation.
(A) Promulgate policies and procedures for ensuring the safety of
USDA employees, the public, and the environment resulting from USDA's
use of ionizing radiation sources.
(B) Maintain and ensure compliance with the Nuclear Regulatory
Commission regulations (Title 10, Code of Federal Regulations) and
license(s) issued to USDA for the acquisition, use, and disposal of
radioactive materials.
* * * * *
(13) * * *
(ii) Provide Departmentwide coordination for efforts to improve
customer service.
* * * * *
0
11. Amend Sec. 2.25 by adding paragraph (a)(26) to read as follows:
Sec. 2.25 Assistant Secretary for Civil Rights
(a) * * *
(26) As directed by section 12403(a) of the Agriculture Improvement
Act of 2018, conduct civil rights impact analyses in accordance with
Departmental Regulation 4300-004 issued on October 17, 2016, with
respect to the Department's employment, federally conducted programs
and activities, and federally assisted programs and activities.
* * * * *
0
12. Amend Sec. 2.26 by adding paragraphs (a)(1)(xxx), (xlv), and
(xlviii) and (a)(1)(l) to read as follows:
Sec. 2.26 Under Secretary for Trade and Foreign Agricultural
Affairs.
(a) * * *
(1) * * *
(xxx) Promote cooperation and coordination between 1862, 1890,
1994, and NLGCA Institutions, HSACUs, and cooperating forestry schools
and international partner institutions in developing countries by
exercising the Secretary's authority in 7 U.S.C. 3292, including
coordinating with the Under Secretary for Research, Education, and
Economics to place interns from covered institutions in, or in service
to benefit, developing countries.
* * * * *
(xlv) Administer the International Agricultural Education
Fellowship Program (7 U.S.C. 3295).
* * * * *
(xlviii) Compile and make available information relating to the
improvement of international food security, and provide technical
assistance for the improvement of international food security to
Federal, State, or local agencies; agencies or instrumentalities of the
government of foreign country; domestic or international organizations;
or intergovernmental organizations (7 U.S.C. 1736dd).
* * * * *
(l) In consultation with the Tribal Advisory Committee and the
Director of the Office of Tribal Relations, and in coordination with
the Secretaries of Commerce, State, Interior, and the heads of any
other relevant Federal agencies, implement section 3312 of the
Agriculture Improvement Act of 2018 (7 U.S.C. 5608) to support greater
inclusion of Tribal agricultural food products in Federal trade
activities.
* * * * *
Subpart D--Delegations of Authority to Other General Officers and
Agency Heads
0
13. Amend Sec. 2.29 by adding paragraphs (a)(4)(v) and (a)(14)(iv) and
revising paragraph (a)(16) to read as follows:
Sec. 2.29 Chief Economist.
(a) * * *
(4) * * *
(v) Coordinate with the Director of the National Drought Mitigation
Center and the Administrator of the National Oceanic and Atmospheric
Administration to enhance the collection of data to improve the
accuracy of the United States Drought Monitor (7 U.S.C. 5856).
* * * * *
(14) * * *
(iv) Carry out the duties of the Food Loss and Waste Reduction
Liaison, including entering into contracts or cooperative agreements
with the research centers of the Research, Education, and Economics
mission area, institutions of higher education, or non-profit
organizations (7 U.S.C. 6924).
* * * * *
(16) Related to Pest Management and Policy. (i) 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).
(ii) Conduct a multiple crop and pesticide use survey as authorized
by section 10109 of the Agricultural Improvement Act of 2018.
* * * * *
0
14. Amend Sec. 2.31 by adding paragraph (c) to read as follows:
Sec. 2.31 General Counsel.
* * * * *
(c) Related to the Freedom of Information Act. (1) Serve as the
Chief Freedom of Information Act Officer for the Department; oversee
general officers and agency heads in efficient and appropriate
compliance with the provisions of the Freedom of Information Act (5
U.S.C. 552); monitor implementation of 5 U.S.C. 552 throughout the
agency and keep the Secretary and the Attorney General informed
regarding agency performance in its implementation; recommend to the
Secretary necessary adjustments to agency practices, policies,
personnel, and funding to improve implementation of 5 U.S.C. 552;
review and report to the Attorney General, through the Secretary, as
the Attorney General may direct; and, facilitate public understanding
of the purposes of the statutory exemptions contained in 5 U.S.C. 552.
(2) Manage the Freedom of Information Act operations for the
Research, Education, and Economics mission area, the Trade and Foreign
Agricultural Affairs mission area, and all staff offices of the
Department.
0
15. Add Sec. 2.32 to read as follows:
Sec. 2.32 Chief Information Officer.
(a) Delegations. The Chief Information Officer is responsible for
executing the duties enumerated in Public Law 104-106 for agency Chief
Information Officers, and additional specified duties, as follows:
(1) Report directly to the Secretary of Agriculture regarding
information technology matters.
(2) Oversee all information technology and information resource
management activities relating to the programs and
[[Page 65513]]
operations of the Department and component agencies. This oversight
includes approving information technology investments, monitoring and
evaluating the performance of those investments and information
resource management activities, approval of all architectures and
components thereto and determining whether to continue, modify, or
terminate an information technology program or project.
(3) Provide advice and other assistance to the Secretary and other
senior management personnel to ensure that information technology
acquired and managed for the Department consistent with chapter 35 of
title 44, United States Code (Coordination of Federal Information
Policy).
(4) Develop, implement, and maintain a sound and integrated
Departmentwide information technology architecture.
(5) Promote the effective and efficient design and operation of all
major information resources management processes for the Department,
including improvements to work processes of the Department.
(6) Approve the acquisition or procurement of information
technology resources by, or on behalf of, any Department agency or
office.
(7) Collaborate with Department procurement personnel with respect
to information technology acquisition strategy and policy.
(8) Function as the Major Information Technology Systems Executive
in USDA to integrate and unify the management process for the
Department's major information technology system acquisitions and to
monitor implementation of the policies and practices set forth in
Office of Management and Budget (OMB) Circular No. A-109, Major Systems
Acquisitions, for information technology. This includes the authority
to:
(i) Ensure that OMB Circular No. A-109 is effectively implemented
for information technology systems in the Department and that the
management objectives of the Circular are realized.
(ii) Review the program management of each major information
technology system acquisition.
(iii) Approve the appointment of the program manager for each major
information technology systems acquisition.
(iv) Designate any Departmental information technology acquisition
as a major system acquisition under OMB Circular No. A-109.
(9) On an annual basis:
(i) Assess Departmentwide personnel requirements regarding
knowledge and skill in information resources management, and the
adequacy of such requirements, to achieve the performance goals
established for information resources management.
(ii) Develop strategies and specific plans for hiring, training,
and professional development at the executive and management level to
meet personnel information technology personnel requirements.
(iii) Report to the Assistant Secretary for Administration on
progress made in improving information resources management capability.
(10) Function as the senior official to carry out the
responsibilities of the Department under chapter 35 of title 44, United
States Code (Coordination of Federal Information Policy), including:
(i) Ensure that the information policies, principles, standards,
guidelines, rules and regulations prescribed by OMB are appropriately
implemented within the Department.
(ii) Review proposed Department reporting and record keeping
requirements, including those contained in rules and regulations, to
ensure that they impose the minimum burden upon the public and have
practical utility for the Department.
(iii) Develop and implement procedures for assessing the burden to
the public and costs to the Department of information requirements
contained in proposed legislation affecting Department programs.
(iv) Assist OMB in the performance of its functions assigned under
the E-Government Act of 2002 (Pub. L. 107-347), including review of
Department and Agency activities for compliance.
(v) Assist OMB in the performance of its functions assigned under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), including
review of Department and Agency activities for compliance.
(11) The Chief Information Officer is also responsible for the
following:
(i) Provide Departmentwide guidance and direction in planning,
developing, documenting, and managing applications software projects in
accordance with Federal and Department information processing
standards, procedures, and guidelines.
(ii) Provide Departmentwide guidance and direction in all aspects
of information technology, including: Feasibility studies; economic
analyses; systems design; acquisition of equipment, software, services,
and timesharing arrangements; systems installation; systems performance
and capacity evaluation; information technology investment governance;
cybersecurity; and privacy. Monitor these activities for agencies'
major systems development efforts to assure effective and economic use
of resources and compatibility among systems of various agencies when
required.
(iii) Manage the Enterprise Data Centers, with the exception of the
National Finance Center; and oversee the delivery of Enterprise Data
Center goods and services, with authority to take actions required by
law or regulation to perform such services as a Working Capital Fund
activity.
(iv) Manage a comprehensive set of end user office automation
services and oversee the delivery of goods and services associated with
end user office automation services, including desktop computers,
enterprise networking support, handheld devices, and voice
telecommunications, with authority to take actions required by law or
regulation to perform such services as a Working Capital Fund activity.
(v) Manage the Agricultural Security Operations Center to enable
the Department to effectively monitor, detect, analyze, protect,
report, and respond against known cyber vulnerabilities, attacks, and
exploitations.
(vi) Manage the Department's Certification and Accreditation
process to ensure the Department and agencies have successfully
conducted periodic risk assessments of its systems; grant the authority
to operate for systems that have successfully completed the
Certification and Accreditation process; and rescind or suspend the
authority to operate for systems subject to repeated and/or significant
security issues.
(vii) Ensure that OMB Circular No. A-16, Coordination of Geographic
Information and Related Spatial Data Activities, is effectively
implemented in the Department and that the management objectives of the
Circular are realized; and providing Departmentwide guidance and
direction in governing, developing, implementing, and maintaining a
sound and integrated geospatial architecture.
(viii) Provide technical assistance, coordination, and guidance to
Department agencies in planning, developing, and carrying out satellite
remote sensing activities to ensure full consideration and evaluation
of advanced technology; designate the Executive Secretary for the
Remote Sensing Coordination Committee; and coordinate administrative,
management, and budget information relating to the Department's remote
sensing activities including:
(A) Inter- and intra-agency meetings, correspondence, and records;
(B) Budget and management tracking systems; and
[[Page 65514]]
(C) Inter-agency contacts and technology transfer.
(ix) Review and evaluate information technology activities related
to delegated functions to assure that they conform to all applicable
Federal and Department information technology management policies,
plans, standards, procedures, and guidelines.
(x) Design, develop, implement, and revise systems, processes, work
methods, and techniques to improve the management and operational
effectiveness of information resources.
(xi) Manage all aspects of the USDA Telecommunications Program
including planning, development, acquisition, and use of equipment and
systems for voice, data, and communications, excluding the actual
procurement of data transmission equipment, software, maintenance, and
related supplies.
(xii) Manage Departmental telecommunications contracts.
(xiii) Provide technical advice throughout the Department.
(xiv) Implement a program for applying information resources
management technology to improve productivity in the Department.
(xv) Plan, develop, install, and operate computer-based systems for
message exchange, scheduling, computer conferencing, televideo
technologies, and other applications of office automation technology
which can be commonly used by multiple Department agencies and offices.
(xvi) Represent the Department in contacts with the Government
Accountability Office, the General Services Administration, OMB, the
National Institute of Standards and Technology, and other organizations
or agencies on matters related to delegated responsibilities.
(12) Implement policies established pursuant to paragraphs (a)(1)
through (a)(11) of this section by:
(i) Disposing of information technology that is acquired by a
Department agency in violation of procedures or standards for the
Department Information Systems Technology Architecture.
(ii) Establishing information technology and information resources
management performance standards for mission area Chief Information
Officers, information resources managers, and project managers to be
used in the performance appraisal process.
(iii) Approving the selection of mission area Chief Information
Officers and mission area major information technology system project
managers in accordance with OMB policies.
(iv) Providing recommendations to mission area heads for the
removal or replacement of information technology project managers,
when, in the opinion of the Chief Information Officer, applicable laws
and policies are being violated, or, when the cost, schedule, or
performance of an information technology project would indicate
management deficiencies.
(v) Withdrawing agencies' authority to obligate funds on
Information Technology programs or projects if the agency violates the
Chief Information Officer policies, standards, or Department
Information Systems Technology Architecture.
(vi) Requiring mission areas to validate and verify major
information technology systems through the use of an existing contract
for such purpose designated by the Chief Information Officer.
(vii) Requiring approval by the Chief Information Officer of any
proposed acquisition of information technology (whether through the
award or modification of a procurement contract, a cooperative or other
agreement with a non-Federal party, or an interagency agreement) to
ensure technical conformance to the Department technical architecture.
(viii) Providing guidance to USDA regarding implementation of
Section 508 of the Rehabilitation Act, as well as on-going consultative
assistance regarding information technology accessibility, and
reviewing progress made toward achieving information technology
accessibility for USDA employees and individuals with disabilities.
(13) Related to the Privacy Act. Appoint a Department Privacy Act
Officer; oversee general officers and agency heads in the development
and implementation of policies issued pursuant to the provisions of the
Privacy Act, 5 U.S.C. 552a; and provide consultation and guidance
regarding those policies.
(b) [Reserved]
0
16. Amend Sec. 2.38 by revising paragraph (a)(1)(iv) and adding
paragraphs (a)(2)(vi) through (viii) and (a)(7) and (8) to read as
follows:
Sec. 2.38 Director, Office of Partnerships and Public Engagement.
(a) * * *
(1) * * *
(iv) Administer section 2501 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279), as amended, except
for the beginning farmer and rancher development program in subsection
(d) and authorities related to the Census of Agriculture and economic
studies in subsection (j) of that section.
* * * * *
(2) * * *
(vi) Consult with the Under Secretary for Trade and Foreign
Agricultural Affairs on the implementation of section 3312 of the
Agriculture Improvement Act of 2018 (7 U.S.C. 5608) to support greater
inclusion of Tribal agricultural food products in Federal trade
activities.
(vii) In coordination with the Under Secretary for Rural
Development, provide technical assistance to improve access by Tribal
entities to rural development programs funded by the Department of
Agriculture through available cooperative agreement authorities (7
U.S.C. 2671).
(viii) Oversee the Tribal Advisory Committee (7 U.S.C. 6921).
* * * * *
(7) Oversee the Agricultural Youth Organization Coordinator (7
U.S.C. 6934b).
(8) Exercise the authority of the Secretary related to Tribal
Promise Zones under section 12510 of the Agriculture Improvement Act of
2018 (25 U.S.C. 4301 note).
* * * * *
Subpart F--Delegations of Authority by the Under Secretary for Farm
Production and Conservation
0
17. Amend Sec. 2.41 by adding paragraph (a)(6) to read as follows:
Sec. 2.41 Chief Operating Officer, Farm Production and Conservation
Business Center.
(a) * * *
(6) Administer a Century Farms Program as authorized by section
12508 of the Agriculture Improvement Act of 2018 (7 U.S.C. 2266a).
* * * * *
0
18. Amend Sec. 2.42 by:
0
a. In paragraph (a)(10), removing the term ``7 U.S.C. 450j et seq.''
and adding in its place the term ``7 U.S.C. 4551 et seq.''; and
0
b. Revising paragraph (a)(58) introductory text; and
0
c. Adding paragraph (a)(63).
The revision and additions read as follows:
Sec. 2.42 Administrator, Farm Service Agency.
(a) * * *
(58) Administer the following provisions of the Agricultural Act of
2014, Public Law 113-79, as amended:
* * * * *
(63) Administer the following provisions of the Agriculture
Improvement Act of 2018, Public Law 116-334:
[[Page 65515]]
(i) Section 5413 relating to reporting on farm loans (7 U.S.C.
2008x).
(ii) Section 12304 relating to the National Beginning Farmer and
Rancher Coordinator (7 U.S.C. 6934a).
(iii) Section 12612 relating to a national agriculture imagery
program (7 U.S.C. 2204j).
(iv) Section 12615 relating to the eligibility for farm operators
on heirs' property to obtain a farm loan number (7 U.S.C. 2266b).
* * * * *
0
19. Amend Sec. 2.43 by:
0
a. Revising paragraphs (a)(3) introductory text and (a)(4)(i);
0
b. Removing and reserving paragraph (a)(5);
0
c. Revising paragraph (a)(13);
0
d. Adding paragraph (a)(16);
0
e. Revising paragraph (a)(23)(xiv); and
0
f. Adding paragraphs (a)(31) and (32).
The revisions and additions to read as follows:
Sec. 2.43 Chief, Natural Resources and Conservation Service.
(a) * * *
(3) Administer the basic program of soil and water conservation
under Public Law 74-46, as amended, and related laws (16 U.S.C. 590a-f,
q, q-1; 42 U.S.C. 3271-3274; 7 U.S.C. 2201), including:
* * * * *
(4) * * *
(i) The eleven authorized watershed projects authorized under the
Flood Control Act of 1944 (Pub. L. 78-534), except for responsibilities
assigned to the Forest Service;
* * * * *
(13) Administer natural resources conservation authorities,
including authorities related to programs of the Commodity Credit
Corporation that provide assistance with respect to natural resources
conservation, under Title XII of the Food Security Act of 1985 (the
Act), as amended (16 U.S.C. 3801 et seq.), including the following:
(i) Technical assistance related to the conservation of highly
erodible lands and wetlands pursuant to sections 1211-1224 of the Act
(16 U.S.C. 3811-3824);
(ii) Technical assistance related to the Conservation Reserve
Program authorized by sections 1231-1235 of the Act (16 U.S.C. 3831-
3835);
(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) prior to February 7, 2014, the transition authority under
section 2703 of the Agricultural Act of 2014, 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 of the Act (16 U.S.C. 3838-3838c) and the Conservation
Stewardship Program authorized by sections 1240I-1240L-1 (16 U.S.C.
3839aa-21--3839aa-25).
(v) The Farmland Protection Program authorized by sections 1238H-
1238I of the Act (16 U.S.C. 3838h-3838i) prior to February 7, 2014, and
the transition authority under section 2704 of the Agricultural Act of
2014;
(vi) The Farm Viability Program authorized by section 1238J of the
Act (16 U.S.C. 3838j) prior to February 7, 2014, and the transition
authority under section 2704 of the Agricultural Act of 2014;
(vii) The Environmental Quality Incentives Program authorized by
sections 1240-1240H of the Act (16 U.S.C. 3839aa-3839aa-8), the
Agricultural Water Enhancement Program authorized by section 1240H of
the Act (16 U.S.C. 3839aa-9) prior to February 7, 2014, and section
2706 of the Agricultural Act of 2014;
(viii) The conservation of private grazing lands authorized by
section 1240M of the Act (16 U.S.C. 3839bb);
(ix) The Wildlife Habitat Incentives Program authorized by section
1240N of the Act (16 U.S.C. 3839bb-1) prior to February 7, 2014 and
Section 2707 of the Agricultural Act of 2014;
(x) 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) prior to February 7, 2014, and section 2708 of the
Agricultural Act of 2014;
(xi) The Chesapeake Bay Watershed Program authorized by section
1240Q of the Act (16 U.S.C. 3839bb-4) prior to February 7, 2014, and
section 2709 of the Agricultural Act of 2014;
(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) prior to February 7, 2014, and
section 2710 of the Agricultural Act of 2014; 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) prior to
February 7, 2014, and section 2705 of the Agricultural Act of 2014 that
are or become the responsibility of the Under Secretary for Farm
Production and Conservation.
(xiii) 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 of the Act (16 U.S.C. 3871-3871f).
(xxi) The Voluntary Public Access and Habitat Incentive Program
authorized by section 1240R of the Act (16 U.S.C. 3839bb-5).
(xxii) A wetlands mitigation banking program authorized by section
1222(k) of the Act (16 U.S.C. 3822(k)).
* * * * *
(16) Administer the state and private forest landscape-scale
restoration program (16 U.S.C. 2109a).
* * * * *
(23) * * *
(xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to
settlement, but excluding section 122(b)(1) of the Act.
* * * * *
(31) Enter into cooperative agreements, which may provide for the
acquisition of goods or services, including personal services, as
authorized by Public Law 106-387 (7 U.S.C. 6962a).
(32) Administer the following provisions of the Agriculture
Improvement Act of 2018 (Pub. L. 116-334):
(i) Section 1704 (7 U.S.C. 1308-3a), authorizing waivers of the
adjusted gross income limitation.
(ii) In consultation with the Administrator, Farm Service Agency,
and the Director of the U.S. Fish and Wildlife Service, Section 2707
(16 U.S.C. 1531 note), relating to wildlife management.
[[Page 65516]]
(iii) In coordination with the Under Secretary for Marketing and
Regulatory Programs, Section 2408 (7 U.S.C. 8351 note), relating to the
Feral Swine Eradication and Control Pilot Program.
(iv) Section 8628, relating to the purchase of Natural Resources
Conservation Service property in Riverside County, California.
(v) Section 12302, relating to the Office of Urban Agriculture and
Innovative Production.
* * * * *
0
20. Amend Sec. 2.44 by adding paragraph (a)(9) to read as follows:
Sec. 2.44 Administrator, Risk Management Agency and Manager, Federal
Crop Insurance Corporation.
(a) * * *
(9) Coordinate with the Administrator, Farm Service Agency, on the
type and format of data received under the noninsured crop assistance
program authorized by Sec. 196 of the Federal Agriculture Improvement
and Reform Act of 1996 (Pub. L 104-127, as amended) (7 U.S.C. 7333).
* * * * *
Subpart G--Delegations of Authority by the Under Secretary for
Rural Development
0
21. Correctly designate Sec. Sec. 2.45 through 2.49 as subpart G under
the heading set forth above.
0
22. Add Sec. 2.45 to read as follows:
Sec. 2.45 Deputy Under Secretary for Rural Development.
Pursuant to Sec. 2.17(a), subject to reservations in Sec.
2.17(b), and subject to policy guidance and direction by the Under
Secretary for Rural Development, the following delegation of authority
is made to the Deputy Under Secretary for Rural Development, to be
exercised only during the absence or unavailability of the Under
Secretary: Perform all the duties and exercise all the powers which are
now or which may hereafter be delegated to the Under Secretary for
Rural Development.
0
23. Amend Sec. 2.47 by revising (a)(1) and adding paragraphs (a)(9),
(11), and (15) to read as follows:
Sec. 2.47 Administrator, Rural Utilities Service.
(a) * * *
(1) Administer the Rural Electrification Act of 1936, as amended (7
U.S.C. 901, et seq.): Provided, however, that the Administrator may
utilize consultants and attorneys for the provision of legal services
pursuant to 7 U.S.C. 918, with the concurrence of the General Counsel.
* * * * *
(9) Consult with the Assistant Secretary of Commerce for
Communications and Information to assist in the verification of
eligibility of the broadband loan and grant programs of the Department
of Agriculture (7 U.S.C. 950bb-6).
* * * * *
(11) In coordination with the Federal Communications Commission,
administer Section 12511 of the Agriculture Improvement Act of 2018
(Pub. L. 115-334) relating to the precision agriculture connectivity
task force.
* * * * *
(15) In coordination with the Office of Tribal Relations, provide
technical assistance to improve access by Tribal entities to rural
development programs funded by the Department of Agriculture through
available cooperative agreement authorities (7 U.S.C. 2671).
* * * * *
0
24. Amend Sec. 2.48 by adding paragraph (a)(15), revising paragraphs
(a)(28) and (29), and adding paragraphs (a)(35) and (36) to read as
follows:
Sec. 2.48 Administrator, Rural Business-Cooperative Service.
(a) * * *
(15) In coordination with the Office of Tribal Relations, provide
technical assistance to improve access by Tribal entities to rural
development programs funded by the Department of Agriculture through
available cooperative agreement authorities (7 U.S.C. 2671).
* * * * *
(28) In coordination with the Administrator of the Agricultural
Marketing Service, administer the value-added producer grants program
and farmers' markets and local food promotion program (7 U.S.C.
1627c(d)(5)-(6)).
(29) Administer the Agriculture Innovation Center Demonstration
program (7 U.S.C. 1632b).
* * * * *
(35) 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).
(36) 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).
* * * * *
0
25. Amend Sec. 2.49 by adding paragraphs (a)(7) and (9) to read as
follows:
Sec. 2.49 Administrator, Rural Housing Service.
(a) * * *
(7) In coordination with the Office of Tribal Relations, provide
technical assistance to improve access by Tribal entities to rural
development programs funded by the Department of Agriculture through
available cooperative agreement authorities (7 U.S.C. 2671).
* * * * *
(9) In consultation with the Department of Justice, Secretary of
Housing and Urban Development, and Secretary of Health and Human
Services, administer the emergency and transitional pet shelter and
housing assistance grant program (34 U.S.C. 20127).
* * * * *
Subpart I--Delegations of Authority by the Under Secretary for
Food, Nutrition, and Consumer Services
0
26. Amend Sec. 2.57 by adding paragraphs (a)(1)(xiii) and (xiv) and
revising paragraph (a)(2)(xii) to read as follows:
Sec. 2.57 Administrator, Food and Nutrition Service
(a) * * *
(1) * * *
(xiii) Section 4208 of the Agriculture Improvement Act of 2018 (7
U.S.C. 2026a).
(xiv) Section 12614 of the Agriculture Improvement Act of 2018 (7
U.S.C. 6925).
(2) * * *
(xii) Emergency Food Assistance Act of 1983, as amended (7 U.S.C.
7501 et seq.);
* * * * *
Subpart J--Delegations of Authority by the Under Secretary for
Natural Resources and Environment
0
27. Amend Sec. 2.60 by revising paragraph (a) to read as follows:
Sec. 2.60 Chief, Forest Service.
(a) Delegations. Pursuant to Sec. 2.20(a)(1), (2), and (6),
(a)(7)(ii), and (a)(8), the following delegations of authority are made
by the Under Secretary for Natural Resources and Environment to the
Chief of the Forest Service:
[[Page 65517]]
(1) Provide national leadership in forestry. (As used here and
elsewhere in this section, the term ``forestry'' encompasses renewable
and nonrenewable resources of forests, including lands governed by the
Alaska National Interest Lands Conservation Act, forest-related
rangeland, grassland, brushland, woodland, and alpine areas including
but not limited to recreation, range, timber, minerals, watershed,
wildlife and fish; natural scenic, scientific, cultural, and historic
values of forests and related lands; and derivative values such as
economic strength and social well-being).
(2) Protect, manage, and administer the national forests, national
forest purchase units, national grasslands, and other lands and
interests in lands administered by the Forest Service, which
collectively are designated as the National Forest System.
(3) Acquire, dispose, and lease lands and interest in lands as may
be authorized for the protection, management, and administration of the
National Forest System, except that the authority to approve
acquisition of land under the Weeks Act of March 1, 1911, as amended,
and special forest receipts acts (Pub. L. No. 337, 74th Cong., 49 Stat.
866, as amended by Pub. L. 310, 78th Cong., 58 Stat. 227; Pub. L. 505,
75th Cong., 52 Stat. 347, as amended by Pub. L. 310, 78th Cong., 58
Stat. 227; Pub. L. 634, 75th Cong., 52 Stat. 699, as amended by Pub. L.
310, 78th Cong., 58 Stat. 227; Pub. L. No. 748, 75th Cong., 52 Stat.
1205, as amended by Pub. L. 310, 78th Cong., 58 Stat. 227; Pub. L. 427,
76th Cong., 54 Stat. 46; Pub. L. 589, 76th Cong., 54 Stat. 297; Pub. L.
591, 76th Cong., 54 Stat. 299; Pub. L. 637, 76th Cong., 54 Stat. 402;
Pub. L. 781, 84th Cong., 70 Stat. 632) is limited to acquisitions of
less than $250,000 in value.
(4) As necessary for administrative purposes, divide into and
designate as national forests any lands of 3,000 acres or less which
are acquired under or subject to the Weeks Act of March 1, 1911, as
amended, and which are contiguous to existing national forest
boundaries established under the authority of the Weeks Act.
(5) Plan and administer wildlife and fish conservation
rehabilitation and habitat management programs on National Forest
System lands, pursuant to 16 U.S.C. 670g, 670h, and 670.
(6) For the purposes of the National Forests System Drug Control
Act of 1986 (16 U.S.C. 559b 559g), specifically designate certain
specially trained officers and employees of the Forest Service, not
exceeding 500, to have authority in the performance of their duties
within the boundaries of the National Forest System:
(i) To carry firearms;
(ii) To enforce and conduct investigations of violations of section
401 of the Controlled Substance Act (21 U.S.C. 841) and other criminal
violations relating to marijuana and other controlled substances that
are manufactured, distributed, or dispensed on National Forest System
lands;
(iii) To make arrests with a warrant or process for misdemeanor
violations, or without a warrant for violations of such misdemeanors
that any such officer or employee has probable cause to believe are
being committed in that employee's presence or view, or for a felony
with a warrant or without a warrant if that employee has probable cause
to believe that the person being arrested has committed or is
committing such a felony;
(iv) To serve warrants and other process issued by a court or
officer of competent jurisdiction;
(v) To search, with or without a warrant or process, any person,
place, or conveyance according to Federal law or rule of law; and
(vi) To seize, with or without warrant or process, any evidentiary
item according to Federal law or rule of law.
(7) Cooperate with the law enforcement officials of any Federal
agency, State, or political subdivision, in the investigation of
violations of, and enforcement of, section 401 of the Controlled
Substances Act (21 U.S.C. 841), other laws and regulations relating to
marijuana and other controlled substances, and State drug control laws
or ordinances, within the boundaries of the National Forest System.
(8) Administer programs under section 23 of the Federal Highway Act
(23 U.S.C. 101(a), 120(f), 125(a)-(c), 138, 202(a)-(b), 203, 204(a)-
(c), 205(a)-(d), 211, 317, 401).
(9) Administer provisions of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1272, 1305) as they relate to
management of the National Forest System.
(10) Conduct, support, and cooperate in investigations,
experiments, tests, and other activities deemed necessary to obtain,
analyze, develop, demonstrate, and disseminate scientific information
about protecting, managing, and utilizing forest and rangeland
renewable resources in rural, suburban, and urban areas in the United
States and foreign countries. The activities conducted, supported, or
cooperated in shall include, but not be limited to: Renewable resource
management research; renewable resource environmental research;
renewable resource protection research, renewable resource utilization
research, and renewable resource assessment research (16 U.S.C. 1641-
1647).
(11) Use authorities and means available to disseminate the
knowledge and technology developed from forestry research (16 U.S.C.
1645).
(12) Coordinate activities with other agencies in USDA, other
Federal and State agencies, forestry schools, and private entities and
individuals (16 U.S.C. 1643).
(13) Enter into contracts, grants, and cooperative agreements for
the support of scientific research in forestry activities (7 U.S.C.
3105, 1624; 16 U.S.C. 582a-8, 1643-1645, 1649).
(14) Enter into cooperative research and development agreements
with industry, universities, and others; institute a cash award program
to reward scientific, engineering, and technical personnel; award
royalties to inventors; and retain and use royalty income (15 U.S.C.
3710a-3710c).
(15) Enter into contracts, grants, or cooperative agreements to
further research, extension, or teaching programs in the food and
agricultural sciences (7 U.S.C. 3152, 3318).
(16) Enter into cost-reimbursable agreements relating to
agricultural research, extension, or teaching activities (7 U.S.C.
3319a).
(17) Administer programs of cooperative forestry assistance in the
protection, conservation, and multiple resource management of forests
and related resources in both rural and urban areas and forest lands in
foreign countries (16 U.S.C. 2101-2114).
(18) Provide assistance to States and other units of government in
forest resources planning and forestry rural revitalization (7 U.S.C.
6601, 6611-6617; 16 U.S.C. 2107).
(19) Conduct a program of technology implementation for State
forestry personnel, private forest landowners and managers, vendors,
forest operators, public agencies, and individuals (16 U.S.C. 2107).
(20) Administer rural fire protection and control program (16
U.S.C. 2106c).
(21) Provide technical assistance on forestry technology or the
implementation of the conservation reserve and softwood timber programs
authorized in sections 1231-1244 and 1254 of the Food Security Act of
1985 (16 U.S.C. 3831-3844; 7 U.S.C. 1981 note).
(22) Administer forest insect, disease, and other pest management
programs (16 U.S.C. 2104).
(23) Exercise the custodial functions of the Secretary for lands
and interests
[[Page 65518]]
in lands under lease or contract of sale to States and local agencies
pursuant to title III of the Bankhead-Jones Farm Tenant Act and
administer reserved and reversionary interests in lands conveyed under
that Act (7 U.S.C. 1010-1013a).
(24) Under such general program criteria and procedures as may be
established by the Natural Resources Conservation Service:
(i) Administer the forestry aspects of the programs listed in
paragraphs (a)(24)(i)(A) through (C) of this section on the National
Forest System, rangelands with national forest boundaries, adjacent
rangelands which are administered under formal agreement, and other
forest lands:
(A) The cooperative river basin surveys and investigations program
(16 U.S.C. 1006);
(B) The eleven authorized watershed improvement programs and
emergency flood prevention measures program under the Flood Control Act
of 1944 (Pub. L. 78-534);
(C) The small watershed protection program under the Pilot
Watershed Protection and Watershed Protection and Flood Prevention Acts
(7 U.S.C. 701a-h; 16 U.S.C. 1001-1009).
(ii) Exercise responsibility in connection with the forestry
aspects of the resource conservation and development program authorized
by title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(e)).
(25) Provide assistance to the Farm Service Agency in connection
with the agricultural conservation program, the naval stores
conservation program, and the cropland conversion program (16 U.S.C.
590g-q).
(26) Provide assistance to the Rural Housing Service in connection
with grants and loans under authority of section 303 of the
Consolidated Farm and Rural Development Act, 7 U.S.C. 1923;
(27) Coordinate mapping work of USDA including:
(i) Clearing mapping projects to prevent duplication;
(ii) Keeping a record of mapping done by USDA agencies;
(iii) Preparing and submitting required USDA reports;
(iv) Serving as liaison on mapping with the Office of Management
and Budget, Department of the Interior, and other departments and
establishments;
(v) Promoting interchange of technical mapping information,
including techniques which may reduce costs or improve quality; and
(vi) Maintaining the mapping records formerly maintained by the
Office of Operations.
(28) Administer the radio frequency licensing work of USDA,
including:
(i) Representing USDA on the Interdepartmental Radio Advisory
Committee and its Frequency Assignment Subcommittee of the National
Telecommunications and Information Administration, Department of
Commerce;
(ii) Establishing policies, standards, and procedures for allotting
and assigning frequencies within USDA and for obtaining effective
utilization of them;
(iii) Providing licensing action necessary to assign radio
frequencies for use by the agencies of USDA and maintenance of the
records necessary in connection therewith; and
(iv) Providing inspection of USDA's radio operations to ensure
compliance with national and international regulations and policies for
radio frequency use.
(29) Represent USDA in all matters relating to responsibilities and
authorities under the Federal Power Act (16 U.S.C. 791a-823).
(30) Administer the Youth Conservation Corps Act (16 U.S.C. 1701-
1706)) for USDA.
(31) Establish and operate the Job Corps Civilian Conservation
Centers on National Forest System lands as authorized by title I,
sections 106 and 107 of the Economic Opportunity Act of 1964 (42 U.S.C.
2716), in accordance with the terms of an agreement dated May 11, 1967,
between the Secretary of Agriculture and the Secretary of Labor; and
administration of other cooperative manpower training and work
experience programs where the Forest Service serves as host or prime
sponsor with other Departments of Federal, State, or local governments.
(32) Administer the Volunteers in the National Forests Act of 1972
(16 U.S.C. 558a-558d, 558a note).
(33) Exercise the functions of the Secretary of Agriculture
authorized in the Alaska National Interest Lands Conservation Act (16
U.S.C. 3101-3215).
(34) Administer responsibilities and functions assigned under the
Defense Production Act of 1950, as amended (50 U.S.C. 4501 et seq.),
and title VI of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), relating to forests and forest
products, rural fire defense, and forestry research.
(35) Represent USDA on Regional Response Teams on hazardous spills
and oil spills pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.),
the Clean Water Act, as amended (33 U.S.C. 1251 et seq.), the Oil
Pollution Act (OPA), as amended (33 U.S.C. 2701 et seq.), Executive
Order 12580, 3 CFR, 1987 Comp., p. 193, Executive Order 12777, 3 CFR,
1991 Comp., p. 351, and the National Contingency Plan, 40 CFR part 300.
(36) Exercise the functions of the Secretary as authorized in the
Wild and Scenic Rivers Act (16 U.S.C. 1271-1287, except for making
recommendations to the President regarding additions to the National
Wild and Scenic Rivers System.
(37) Issue proposed rules relating to the authorities delegated in
this section, issue final rules and regulations as provided in 36 CFR
261.70, issue technical amendments and corrections to final rules
issued by the Secretary or Under Secretary for Natural Resources and
Environment, and issue proposed and final rules necessary and
appropriate to carry out title VIII of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3101-3215) with regard to National
Forest System Lands.
(38) Jointly administer gypsy moth eradication activities with the
Animal and Plant Health Inspection Service, under the authority of
section 102 of the Organic Act of 1944, as amended; and the Act of
April 6, 1937, as amended (7 U.S.C. 7759, 148, 148a-148e); and the
Talmadge Aiken Act (7 U.S.C. 1633), by assuming primary responsibility
for treating isolated gypsy moth infestations on Federal lands, and on
State and private lands contiguous to infested Federal lands, and any
other infestations over 640 acres on State and private lands.
(39) 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
[[Page 65519]]
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(g) of the Act (42 U.S.C. 9613(g)), with respect to
receiving notification of a natural resource trustee's intent to file
suit;
(x) 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;
(xi) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to
preliminary assessment and site inspection of facilities;
(xii) 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;
(xiii) Section 119 of the Act (42 U.S.C. 9619), with respect to
indemnifying response action contractors;
(xiv) Section 121 of the Act (42 U.S.C. 9621), with respect to
cleanup standards; and
(xv) 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.
(40) Exercise the functions of the Secretary authorized in the
Federal Onshore Oil and Gas Leasing Reform Act of 1987 (30 U.S.C. 226
et seq.).
(41) 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 Amendment,
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.).
(42) With respect to land and facilities under his or her
authority, exercise the functions delegated to the Secretary by
Executive Order 12580, 3 CFR, 1987 Comp., p. 193, and Executive Order
12777, 3 CFR, 1991 Comp., p. 351, to act as Federal trustee for natural
resources in accordance with section 107(f) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9607(f)), section 311(f)(5) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(f)(5)), and section 1006(b)(2) of the Oil
Pollution Act of 1990 (33 U.S.C. 2706(b)(2)).
(43) With respect to land and facilities under his or her
authority, to exercise the authority vested in the Secretary of
Agriculture to act as the ``Federal Land Manager'' pursuant to the
Clean Air Act, as amended, 42 U.S.C. 7401 et seq.
(44) Administer the Public Lands Corps program (16 U.S.C. 1721 et
seq.) for USDA consistent with the Department's overall national
service program.
(45) [Reserved]
(46) Focusing on countries that could have a substantial impact on
global warming, provide assistance that promotes sustainable
development and global environmental stability; share technical,
managerial, extension, and administrative skills; provide education and
training opportunities; engage in scientific exchange; and cooperate
with domestic and international organizations that further
international programs for the management and protection of forests,
rangelands, wildlife, fisheries and related natural resources (16
U.S.C. 4501-4505).
(47) Exercise the functions of the Secretary of Agriculture
authorized in Title V of the Department of the Interior and Related
Agencies Appropriations Act of 1998, Public Law 105-83, relating to the
acquisition so the New World Mines and other priority land
acquisitions, land exchanges, and other activities.
(48) Establish programs with any bureau of the U.S. Department of
the Interior (DOI), or with other agencies within USDA, in support of
the Service First initiative for the purpose of promoting customer
service and efficiency, including delegating to employees of DOI and
other USDA agencies the authorities of the Forest Service necessary to
carry out projects on behalf of USDA (43 U.S.C. 1703).
(49) At the request of the Director, Homeland Security Staff
(Director), designate law enforcement personnel of the Forest Service
to assist the Director in providing for the personal security for the
Secretary and the Deputy Secretary in the National Forest System.
(50) 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)).
(51) Administer a program, through the Deputy Chief of State and
Private Forestry, for providing loans to eligible units of local
government to finance the purchase of equipment to monitor, remove,
dispose of, and replace infested trees located under their jurisdiction
and within the borders of quarantined areas (16 U.S.C. 2104a).
(52) [Reserved]
(53) Administer the community wood energy program providing grants
to develop community wood energy plans, acquire or upgrade community
wood energy systems, and establish or expand biomass consumer
cooperatives (7 U.S.C. 8113).
(54) Conduct activities that assist the Director, Office of
Environmental
[[Page 65520]]
Markets, in developing guidelines regarding the development of
environmental services markets.
(55) Administer the programs authorized by the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6501 et seq.), except for the
Healthy Forests Reserve Program authorized in title V of such act (16
U.S.C. 6571-6578).
(56) Administer Good Neighbor contracts and cooperative agreements
with a State to carry out forest, rangeland, and watershed restoration
services on National Forest System lands (16 U.S.C. 2113a).
(57) Utilize the Agriculture Conservation Experienced Services
(ACES) Program (16 U.S.C. 3851) to provide technical services for
conservation-related programs and authorities carried out on National
Forest System lands (16 U.S.C. 3851a).
(58) Enter into reciprocal fire agreements or contracts with
domestic entities. Administer reimbursements received for fire
suppression (16 U.S.C. 1856-1856e).
(59) Administer the large airtanker and aerial asset lease program
(16 U.S.C. 551c).
(60) Provide technical and other assistance with respect to
eligibility of forest products for the ``USDA Certified Biobased
Products'' labeling program (7 U.S.C. 8102(g)).
(61) Cooperate with public or private entities or individuals to
perform work on state, county, municipal, or private lands within or
near the boundary of National Forest System lands for administration,
protection, improvement, reforestation, and other kinds of work the
Forest Service is authorized to do on National Forest System lands, and
cooperate with public or private entities or individuals to perform the
same kinds of work in connection with the use or occupancy of National
Forest System lands (16 U.S.C. 572).
(62) Enter into reciprocal fire agreements with foreign fire
organizations. (42 U.S.C. 1856m-1856o).
(63) Administer the payments to states program (16 U.S.C. 500; 16
U.S.C. 7101-7153); establish, maintain, and appoint members to Resource
Advisory Committees (16 U.S.C. 7125).
(64) Administer the Wood Innovation Grant program (7 U.S.C. 7655d).
* * * * *
Subpart K--Delegations of Authority by the Under Secretary for
Research, Education, and Economics
0
28. Amend Sec. 2.65 by revising paragraph (a)(2) and adding paragraphs
(a)(30) and (47) to read as follows:
Sec. 2.65 Administrator, Agricultural Research Service.
(a) * * *
(2) Conduct research related to the economic feasibility of the
manufacture and commercialization of natural rubber from hydrocarbon-
containing plants and other critical agricultural materials from native
agricultural crops having strategic and industrial importance (7 U.S.C.
178-178n).
* * * * *
(30) Promote cooperation and coordination between 1862, 1890, 1994,
and NLGCA Institutions, HSACUs, and cooperating forestry schools and
international partner institutions in developing countries by
exercising the Secretary's authority in 7 U.S.C. 3292, including
coordinating with the Administrator, Foreign Agricultural Service to
place interns from covered institutions in, or in service to benefit,
developing countries.
* * * * *
(47) Establish a National Plant Disease Recovery System to engage
in strategic long-range planning to recover from high-consequence plant
transboundary diseases (7 U.S.C. 8914(d)).
* * * * *
0
29. Amend Sec. 2.66 by:
0
a. Revising paragraph (a)(1);
0
b. Adding paragraphs (a)(9), (14), (15), (21), (27), (34), (35), (43),
(56), (77), (79), (91), and (103);
0
c. Revising paragraph (a)(132); and
0
d. Adding paragraphs (a)(137) and (152).
The revisions to read as follows:
Sec. 2.66 Director, National Institute of Food and Agriculture.
(a) * * *
(1) Administer research and technology development grants related
to the economic feasibility of the manufacture and commercialization of
natural rubber from hydrocarbon-containing plants and other critical
agricultural materials from native agricultural crops having strategic
and industrial importance (7 U.S.C. 178-178n).
* * * * *
(9) Administer a next generation agriculture technology challenge
competition to incentivize mobile technology that removes marketplace
entry barriers for beginning farmers and ranchers (7 U.S.C. 3158).
* * * * *
(14) Administer a program to make competitive grants to assist in
the construction, alteration, acquisition, modernization, renovation,
or remodeling of agricultural research facilities (7 U.S.C. 390b).
(15) Promote cooperation and coordination between 1862, 1890, 1994,
and NLGCA Institutions, HSACUs, and cooperating forestry schools and
international partner institutions in developing countries by
exercising the Secretary's authority in 7 U.S.C. 3292, including
coordinating with the Administrator, Foreign Agricultural Service to
place interns from covered institutions in, or in service to benefit,
developing countries.
* * * * *
(21) Administer grants to 1890 Institutions, including Tuskegee
University, for purposes of awarding scholarships to individuals
pursuing careers in the food and agricultural sciences (7 U.S.C.
3222a).
* * * * *
(27) Make competitive grants to land-grant colleges and
universities, including 1994 Institutions, to provide identifiable
support specifically targeted for Tribal students (7 U.S.C. 3222e).
* * * * *
(34) Administer competitive grants for the acquisition of special
purpose scientific research equipment for use in the food and
agricultural sciences programs of eligible institutions (7 U.S.C.
3310a).
(35) Establish a National Plant Diagnostic Network to monitor and
surveil through diagnostics threats to plant health from diseases or
pests of concern in the United States and establish cooperative
agreements with land-grant colleges and universities (7 U.S.C.
8914(c)).
* * * * *
(43) In consultation with the Urban Agriculture and Innovative
Production Advisory Committee, administer competitive grants to support
research, education, and extension activities for the purposes of
facilitating the development of urban, indoor, and other emerging
agricultural production, harvesting, transportation, aggregation,
packaging, distribution, and markets (7 U.S.C. 5925g).
* * * * *
(56) Prepare an annual report to Congress on disbursements of funds
for agricultural research and extension at 1890 and 1862 Institutions
for programs under the following authorities: 7 U.S.C. 3221; 7 U.S.C.
3222; 7 U.S.C. 343(b) and (c); and 7 U.S.C. 361a et seq. (7 U.S.C.
2207d).
* * * * *
(77) Recognize centers of excellence, led by 1890 Institutions,
focused on student success and workforce development; nutrition,
health, wellness, and quality of life; farming
[[Page 65521]]
systems, rural prosperity, and economic sustainability; global food
security and defense, natural resources, energy, and environment; and
emerging technologies, and submit an annual report to Congress on the
resources invested in and work being done by such centers (7 U.S.C.
5926).
* * * * *
(79) Administer grants to consortia of land-grant colleges and
universities to enhance the ability of the consortia to carry out
multi-State research projects aimed at understanding and combating
diseases of wheat, triticale, and barley caused by Fusarium graminearum
and related fungi or Tilletia indica and related fungi (7 U.S.C. 7628).
* * * * *
(91) Administer an experienced services program to obtain
technical, professional, and administrative services to support the
research, education, and economics mission area of the Department (16
U.S.C. 3851).
* * * * *
(103) In consultation with the Administrator of the Food and
Nutrition Service, administer pilot projects to encourage the use of
public-private partnerships committed to addressing food insecurity (7
U.S.C. 2036d).
* * * * *
(132) Administer a program of competitive grants, establish
education teams, and establish an online clearinghouse of curricula and
training materials and programs, all for training, education, outreach,
and technical assistance initiatives for the benefit of beginning
farmers and ranchers (7 U.S.C. 2279(d)).
* * * * *
(137) In consultation with the Secretary of Energy, administer
competitive grants to provide education about carbon utilization and
biogas (7 U.S.C. 8115).
* * * * *
(152) Administer a competitive grant program to support the
development and expansion of advanced training programs in agricultural
biosecurity planning and response for food science professionals and
veterinarians (7 U.S.C. 8913).
* * * * *
0
30. Amend Sec. 2.68 by adding paragraph (a)(14) to read as follows:
Sec. 2.68 Administrator, National Agricultural Statistics Service.
(a) * * *
(14) Collect and, not less frequently than once every 3 years
report, data and analysis on farmland ownership, tenure, transition,
and entry of beginning farmers and ranchers and socially disadvantaged
farmers and ranchers (7 U.S.C. 2204i).
* * * * *
Sec. 2.69 [Amended]
0
31. Amend Sec. 2.69 in paragraph (b) by removing the term ``Research,
Education, and Extension Office'' and adding in its place the term
``Office of the Chief Scientist''.
Subpart L--Delegations of Authority by the Chief Economist
0
32. Amend Sec. 2.72 by adding paragraph (a)(2)(v) to read as follows:
Sec. 2.72 Chairman, World Agricultural Outlook Board.
(a) * * *
(2) * * *
(v) Coordinate with the Director of the National Drought Mitigation
Center and the Administrator of the National Oceanic and Atmospheric
Administration to enhance the collection of data to improve the
accuracy of the United States Drought Monitor (7 U.S.C. 5856).
* * * * *
0
33. Amend Sec. 2.75 by adding paragraph (a)(2) to read as follows:
Sec. 2.75 Director, Office of Pest Management Policy.
(a) * * *
(2) Conduct a multiple crop and pesticide use survey as authorized
by section 10109 of the Agricultural Improvement Act of 2018.
* * * * *
Subpart N--Delegations of Authority by the Under Secretary for
Marketing and Regulatory Programs
0
34. Amend Sec. 2.79 by revising paragraph (a)(8)(lxiii) and adding
paragraphs (a)(8)(lxxiii), (lxxvi), (lxxx), and (a)(23) and (24) to
read as follows:
Sec. 2.79 Administrator, Agricultural Marketing Service.
(a) * * *
(8) * * *
(lxiii) Local Agriculture Market Program (7 U.S.C. 1627c), in
coordination with the Administrator, Rural Business-Cooperative
Service.
* * * * *
(lxxiii) Section 12108 of the Agriculture Improvement Act of 2018
(7 U.S.C. 1622 note).
* * * * *
(lxxvi) Section 4206 of the Agriculture Improvement Act of 2018 (7
U.S.C. 7518).
* * * * *
(lxxx) Section 12513 of the Agriculture Improvement Act of 2018 (7
U.S.C. 1632d).
* * * * *
(23) Administer the Economic Adjustment Assistance for Textile
Mills program (7 U.S.C. 9037(c)).
(24) In coordination with Administrator, Farm Service Agency,
administer payments under the Special Competitive Provisions for Extra
Long Staple Cotton (7 U.S.C. 9038).
* * * * *
0
35. Amend Sec. 2.80 by revising paragraphs (a)(14), (19), (26), and
(27) and adding paragraphs (a)(49) through (52) to read as follows:
Sec. 2.80 Administrator, Animal and Plant Health Inspection Service.
(a) * * *
(14) Talmadge-Aiken Act (7 U.S.C. 1633) with respect to cooperation
with States in control and eradication of plant and animal diseases and
pests.
* * * * *
(19) Section 101(d), Organic Act of 1944 (7 U.S.C. 398).
* * * * *
(26) The Act of March 2, 1931 (7 U.S.C. 8351-8352).
(27) The Act of December 22, 1987 (7 U.S.C. 8353).
* * * * *
(49) Section 11013 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8322).
(50) In coordination with the Chief, Natural Resources Conservation
Service, Section 2408 relating to the Feral Swine Eradication and
Control Pilot Program (7 U.S.C. 8351 note).
(51) Section 12203(b) of the Agriculture Improvement Act of 2018
relating to diseases and pests of concern (7 U.S.C. 8914(b)).
(52) Section 12601 of the Agriculture Improvement Act of 2018
relating to baiting of migratory game birds (16 U.S.C. 704 note).
* * * * *
Subpart P--Delegations of Authority by the Assistant Secretary for
Administration
Sec. 2.89 [Removed and Reserved]
0
36. Remove and reserve Sec. 2.89.
Sec. 2.90 [Amended]
0
37. Amend Sec. 2.90 by removing paragraphs (a)(1)(vi) and (vii).
0
38. Add Sec. 2.94 to read as follows:
Sec. 2.94 Chief Security Director, Office of Safety, Security, and
Protection.
(a) Delegations from the Assistant Secretary for Administration.
Pursuant
[[Page 65522]]
to Sec. 2.24(a)(8) and (9), 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 Chief Security Director:
(1) Promulgate Departmental policies, standards, techniques, and
procedures; and represent the Department in maintaining the security of
physical facilities and providing security guidance to the Food and
Agricultural Sector nationwide. This includes the following activities:
(i) Lead and coordinate the development and maintenance of a
mission critical facility inventory with agency involvement to ensure
proper security countermeasures are implemented in the Department's
most critical infrastructure.
(ii) Provide guidance to USDA agencies in matters of physical
security through use of physical security assessments and development
of mitigation strategies.
(iii) Conduct physical security investigations and compliance
reviews Department-wide.
(iv) Review and provide coordinated technical physical security
assessments for all new construction of laboratories, data centers,
germplasm repositories, and other mission critical infrastructure
during the design phase, and all leased facilities prior to contract
award.
(v) Oversee and manage physical security aspects of the Common
Identification Card (LincPass) Program to ensure National Institute of
Standards and Technology (NIST) and General Services Administration
(GSA) compliancy within the National Capital Region and the physical
access to USDA facilities.
(vi) Provide enterprise connectivity to agency physical access
control systems that provide cost leveraging and provisioning/de-
provisioning nationwide.
(2) Promulgate Departmental regulations, standards, techniques, and
procedures and represent the Department in managing and maintaining a
comprehensive physical and technical security program including access
control, management of special police officer and guard services,
executive driving, parking, ID badging in accordance with HSPD-12,
occupant emergency and warden services at the USDA Headquarters
Complex, George Washington Carver Center and, in coordination with GSA,
USDA leased facilities in the Washington, DC metropolitan area, as well
as at emergency relocation sites and certain critical facilities
specified by the Assistant Secretary for Administration.
(3) Carry out protection operations for the Secretary, Deputy
Secretary, and other individuals as specified in Section 12520 of the
Agriculture Improvement Act of 2018, including by authorizing law
enforcement officers or special agents to carry firearms; conduct
criminal investigations into potential threats to the security of
individuals protected under Section 12520; make arrests without a
warrant for any offense against the United States committed in the
presence of the law enforcement officer or special agent; perform
protective intelligence work, including identifying and mitigating
potential threats and conducting advance work to review security
matters relating to sites and events; and coordinate with local law
enforcement authorities (7 U.S.C. 2279k).
(b) [Reserved]
0
39. Amend Sec. 2.95 by revising paragraph (b) to read as follows:
Sec. 2.95 Director, Office of Homeland Security.
* * * * *
(b) Delegations from the Assistant Secretary for Administration.
Pursuant to Sec. 2.24(a)(8), 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 Homeland Security:
(1) Serve as the principal advisor to the Secretary on homeland
security, including emergency management and agriculture and food
defense;
(2) Coordinate activities of the Department, including policies,
processes, budget needs, and oversight relating to homeland security,
including emergency management and agriculture and food defense;
(3) Act as the primary liaison on behalf of the Department with
other Federal departments and agencies in activities relating to
homeland security, including emergency management and agriculture and
food defense, and provide for interagency coordination and data
sharing;
(4) Coordinate in the Department the gathering of information
relevant to early warning and awareness of threats and risks to the
food and agriculture critical infrastructure sector; and share that
information with, and provide assistance with interpretation and risk
characterization of that information to, the intelligence community (as
defined in 5 U.S.C. 3003), law enforcement agencies, the Secretary of
Defense, the Secretary of Homeland Security, the Secretary of Health
and Human Services, and State fusion centers (as defined in section
210A(j) of the Homeland Security Act of 2002 (6 U.S.C. 124h(j));
(5) Liaise with the Director of National Intelligence to assist in
the development of periodic assessments and intelligence estimates, or
other intelligence products, that support the defense of the food and
agriculture critical infrastructure sector;
(6) Coordinate the conduct, evaluation, and improvement of
exercises to identify and eliminate gaps in preparedness and response;
(7) Produce a Department-wide centralized strategic coordination
plan to provide a high-level perspective of the operations of the
Department relating to homeland security, including emergency
management and agriculture and food defense; and
(8) Establish and carry out an interagency Agriculture and Food
Threat Awareness Partnership Program, including by entering into
cooperative agreements or contracts with Federal, State, or local
authorities (7 U.S.C. 6922).
(9) Administer the Department Emergency Preparedness Program. This
includes:
(i) Coordinate the delegations and assignments made to the
Department under the Defense Production Act of 1950, 50 U.S.C. App.
2061, et seq.; the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121, et seq.; and by Executive Orders 12148,
``Federal Emergency Management'' (3 CFR, 1979 Comp., p. 412), 12656,
``Assignment of Emergency Preparedness Responsibilities'' (3 CFR, 1988
Comp., p. 585), and 13603, ``National Defense Resources Preparedness''
(3 CFR, 2012 Comp., p. 225), or any successor to these Executive
Orders, to ensure that the Department has sufficient capabilities to
respond to any occurrence, including natural disaster, military attack,
technological emergency, or any all hazards incident.
(ii) Manage the Department Emergency Operations Center at
Headquarters and the Secretary's alternative facilities; provide senior
staff with international, national, and regional situational awareness
reports; and provide and maintain current information systems
technology and National Security Systems to support USDA executive
crisis management capability.
(iii) Provide facilities and equipment to facilitate inter-agency
coordination during emergencies.
[[Page 65523]]
(iv) Activate the USDA incident management system in accordance
with the National Response Framework and the National Incident
Management System in the event of a major incident; and provide
oversight and coordination of the Department's Emergency Support
Functions as outlined in the National Response Framework.
(v) Develop and promulgate policies for the Department regarding
emergency preparedness and national security, including matters
relating to anti-terrorism and agriculture-related emergency
preparedness planning, both national and international, and guidance to
USDA State and County Emergency Boards.
(vi) [Reserved]
(vii) Provide representation and liaison for the Department in
contacts with other Federal entities and organizations, including the
National Security Council, Homeland Security Council, Office of
Management and Budget, Department of Homeland Security, Federal
Emergency Management Agency, Office of The Director of National
Intelligence, and Department of Defense concerning matters of a
national security, natural disaster, other emergencies, and
agriculture/food-related international civil emergency planning and
related activities.
(viii) Act as the primary USDA representative for anti-terrorism
activities.
(ix) [Reserved]
(x) Provide guidance and direction regarding radiological emergency
preparedness programs and the implementation of the National Response
Framework's Nuclear/Radiological Incident Annex to Departmental staff
offices, mission areas, and agencies.
(xi) Provide program leadership and coordination for USDA's
radiological emergency preparedness requirements with respect to
Emergency Management and Assistance (44 CFR parts 350 through 352).
(xii) Represent USDA on the Federal Radiological Preparedness
Coordinating Committee (FRPCC) and Regional Assistance Committees
(RACs) and assist them in carrying out their functions.
(xiii) Support USDA in its management of the Department's emergency
response program with respect to radiological emergency response
activities.
(xiv) [Reserved]
(10) 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).
(11) Serve as the primary point of contact for Government
Accountability Office (GAO) and Office of the Inspector General (OIG)
audits of USDA homeland security activities.
(12) Coordinate interaction between Department agencies and private
sector businesses and industries in emergency planning and public
education under Department authorities delegated or assigned under the
National Response Framework, National Infrastructure Protection Plan,
Defense Production Act of 1950, 50 U.S.C. App. 2061, et seq., and
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121, et seq.
(13) Oversee the Department's ability to collect and disseminate
information and prepare for an agricultural disease emergency,
agroterrorist act, or other threat to agricultural biosecurity, and
coordinate such activities among agencies and offices within the
Department (7 U.S.C. 8912).
(14) Promulgate Departmental policies, standards, techniques, and
procedures and represent the Department in providing security guidance
to the Food and Agricultural Sector nationwide. This includes the
following duties:
(i) Provide guidance to USDA agencies and the Food and Agricultural
Sector in matters of security through use of assessments and
development of mitigation strategies.
(ii) Represent and act as liaison for the Department in contacts
with other Federal security entities and organizations, including the
Interagency Security Committee and the Department of Homeland Security.
(iii) Provide guidance and direction to ensure physical security
and agriculture/food security are fully integrated in USDA's security
preparations, which are reported to and coordinated with the White
House.
(iv) Provide assistance to the USDA agencies in preparation for and
during a disaster to identify critical assets and possible alternate
storage locations.
(15) Provide oversight and coordination of the development and
administration of the Department Continuity Program. This includes:
(i) Provide guidance and direction regarding continuity of
operations to the Office of the Secretary, Departmental staff offices,
mission areas, and agencies.
(ii) Represent and act as liaison for the Department in contacts
with other Federal entities and organizations concerning matters of
assigned continuity program responsibilities.
(iii) Oversee Department continuity of operations and emergency
relocation facility planning, development, equipping, and preparedness
to ensure that resources are in a constant state of readiness.
(16) Provide for the development and administration of a Public
Trust program for the safeguarding of national security information:
(i) Direct and administer USDA's public trust program established
pursuant to 5 CFR part 731 and Executive Order 13488, ``Granting
Reciprocity on Excepted Service and Federal Contractor Employee Fitness
and Reinvestigating Individuals in Positions of Public Trust'' (74 FR
4111, 3 CFR, 2010 Comp., p. 189).
(ii) Direct and administer USDA's program under which information
is safeguarded pursuant to Executive Order 13526, ``Classified National
Security Information'' (75 FR 707, 3 CFR, 2010 Comp., p. 298), or
subsequent orders.
(iii) Establish and maintain Information Security policies and
procedures for classifying, declassifying, safeguarding, and disposing
of classified national security information and materials.
(iv) Investigate or delegate authority to investigate any potential
compromises of classified national security information and take
corrective action for violations or infractions under section 5.5(b),
of Executive Order 13526 or any subsequent order.
(v) Develop and maintain oversight of all facilities throughout
USDA where classified national security information is or will be
safeguarded, discussed, or processed including sole authority to
liaison with the Central Intelligence Agency concerning guidance,
approval, requirements, and oversight of USDA secure facilities.
(vi) Act as the USDA focal point to identify, receive, disseminate
and safeguard USDA related intelligence information as required; convey
information to USDA policy officials; and liaise with the intelligence
community, as appropriate.
(17) Control within USDA the acquisition, use, and disposal of
material and equipment that can be a source of ionizing radiation.
(i) Promulgate policies and procedures for ensuring the safety of
USDA employees, the public, and the environment resulting from USDA's
use of ionizing radiation sources.
(ii) Maintain and ensure compliance with the Nuclear Regulatory
Commission regulations (Title 10, Code of Federal Regulations) and
license(s)
[[Page 65524]]
issued to USDA for the acquisition, use, and disposal of radioactive
materials.
Sec. 2.96 [Amended]
0
40. Amend Sec. 2.96 by removing and reserving paragraph (a)(3).
Subpart T--Delegations of Authority by the Chief Financial Officer
0
41. Amend Sec. 2.500 by revising the section heading, and in the
section text by removing ``Deputy Chief Financial Officer'' and adding
in its place ``Principal Deputy Chief Financial Officer''.
The revision reads as follows:
Sec. 2.500 Principal Deputy Chief Financial Officer.
* * * * *
Subpart U--Delegations of Authority by the Under Secretary for
Trade and Foreign Agricultural Affairs
0
42. Amend Sec. 2.601 by adding paragraphs (a)(21), (46), (49), and
(51) to read as follows:
Sec. 2.601 Administrator, Foreign Agricultural Service.
(a) * * *
(21) Promote cooperation and coordination between 1862, 1890, 1994,
and NLGCA Institutions, HSACUs, and cooperating forestry schools and
international partner institutions in developing countries by
exercising the Secretary's authority in 7 U.S.C. 3292, including
coordinating with the Director of the National Institute of Food and
Agriculture and Administrator of the Agricultural Research Service to
place interns from covered institutions in, or in service to benefit,
developing countries.
* * * * *
(46) Administer the International Agricultural Education Fellowship
Program (7 U.S.C. 3295).
* * * * *
(49) Compile and make available information relating to the
improvement of international food security, and provide technical
assistance for the improvement of international food security to
Federal, State, or local agencies; agencies or instrumentalities of the
government of foreign country; domestic or international organizations;
or intergovernmental organizations (7 U.S.C. 1736dd).
* * * * *
(51) In consultation with the Tribal Advisory Committee and the
Director of the Office of Tribal Relations, and in coordination with
the Secretaries of Commerce, State, Interior, and the heads of any
other relevant Federal agencies, implement section 3312 of the
Agriculture Improvement Act of 2018 (7 U.S.C. 5608) to support greater
inclusion of Tribal agricultural food products in Federal trade
activities.
* * * * *
Subpart V--Delegations of Authority by the Director, Office of
Partnerships and Public Engagement
0
43. Amend Sec. 2.700 by revising paragraph (a)(4) to read as follows:
Sec. 2.700 Director, Office of Advocacy and Outreach.
(a) * * *
(4) Administer section 2501 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 2279), as amended, except for the
beginning farmer and rancher development program in subsection (d) and
authorities related to the Census of Agriculture and economic studies
in subsection (j) of that section.
* * * * *
0
44. Amend Sec. 2.701 by adding paragraphs (a)(6) through (8) to read
as follows:
Sec. 2.701 Director, Office of Tribal Relations.
(a) * * *
(6) Consult with the Administrator, Foreign Agricultural Service on
the implementation of section 3312 of the Agriculture Improvement Act
of 2018 (7 U.S.C. 5608) to support greater inclusion of Tribal
agricultural food products in Federal trade activities.
(7) In coordination with the Administrators of the Rural Utilities
Service, Rural Business-Cooperative Service, and Rural Housing Service,
provide technical assistance to improve access by Tribal entities to
rural development programs funded by the Department of Agriculture
through available cooperative agreement authorities (7 U.S.C. 2671).
(8) Oversee the Tribal Advisory Committee (7 U.S.C. 6921).
* * * * *
Stephen L. Censky,
Deputy Secretary of Agriculture.
[FR Doc. 2020-20092 Filed 10-9-20; 8:45 am]
BILLING CODE 3410-90-P