
[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR2]

[Page 114-171]
 
                          TITLE 7--AGRICULTURE
 
PART 2--DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE AND GENERAL OF
FICERS OF THE DEPARTMENT--Table of Contents
 
Subpart C--Delegations of Authority to the Deputy Secretary, the Under Secretar
ies and Assistant Secretaries

    Editorial Note: Nomenclature changes to subpart C appear at 60 FR 
66713, Dec. 26, 1995.

Sec. 2.15  Deputy Secretary.

    The following delegation of authority is made by the Secretary of 
Agriculture to the Deputy Secretary: Perform all of the duties and 
exercise all of the powers and functions which are now or which may 
hereafter be, vested in the Secretary of Agriculture. This delegation is 
subject to the limitation in Sec. 2.10.

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

    (a) The following delegations of authority are made by the Secretary 
of Agriculture to the Under Secretary for Farm and Foreign Agricultural 
Services:
    (1) Related to consolidated farm service. (i) Formulate policies and 
administer programs authorized by the Agricultural Adjustment Act of 
1938, as amended (7 U.S.C. 1282 et seq.).
    (ii) Formulate policies and administer programs authorized by the 
Agricultural Act of 1949, as amended (7 U.S.C. 1441 et seq.).
    (iii) Coordinate and prevent duplication of aerial photographic work 
of the Department, including:
    (A) Clearing photography projects;
    (B) Assigning symbols for new aerial photography, maintaining symbol 
records, and furnishing symbol books;
    (C) Recording departmental aerial photography flow and coordinating 
the issuance of aerial photography status maps of latest coverage;
    (D) Promoting interchange of technical information and techniques to 
develop lower costs and better quality;
    (E) Representing the Department on committees, task forces, work 
groups, and other similar groups concerned with aerial photography 
acquisition and reproduction, and serving as liaison with other 
governmental agencies on aerial photography but excluding mapping;
    (F) Providing a Chairperson for the Photography Sales Committee of 
the Department;
    (G) Coordinating development, preparation, and issuance of 
specifications for aerial photography for the Department;
    (H) Coordinating and performing procurement, inspection, and 
application of specifications for USDA aerial photography;
    (I) Providing for liaison with EROS Data Center to support USDA 
programs and research with satellite imagery reproductions; and
    (J) Maintaining library and files of USDA aerial film and retrieving 
and supplying reproductions on request.
    (iv) Administer the Agricultural Conservation Program under title X 
of the Agricultural Act of 1970, as amended (16 U.S.C. 1501 et seq.), 
and under the Soil Conservation and Domestic Allotment Act, as amended 
(16 U.S.C. 590g et seq.).

[[Page 115]]

    (v) Administer the Emergency Conservation Program under the 
Agricultural Credit Act of 1978, as amended (16 U.S.C. 2201 et seq.).
    (vi) Conduct fiscal, accounting and claims functions relating to 
Commodity Credit Corporation (CCC) programs for which the Under 
Secretary for Farm and Foreign Agricultural Services has been delegated 
authority under paragraph (a)(3) of this section and, in conjunction 
with other agencies of the U.S. Government, develop and formulate 
agreements to reschedule amounts due from foreign countries.
    (vii) Conduct assigned activities under the Strategic and Critical 
Materials Stockpiling Act, as amended (50 U.S.C. 98 et seq.).
    (viii) Supervise and direct Farm Service Agency State and county 
offices and delegate functions to be performed by Farm Service Agency 
State and county committees.
    (ix) Administer the dairy indemnity program under the Act of August 
13, 1968, as amended (7 U.S.C. 450j et seq.).
    (x) Administer procurement, processing, handling, distribution, 
disposition, transportation, payment, and related services with respect 
to surplus removal and supply operations which are carried out under 
section 210 of the Agricultural Act of 1956 (7 U.S.C. 1859), the Act of 
August 19, 1958, as amended (7 U.S.C. 1431 note), and section 709 of the 
Food and Agricultural Act of 1965, as amended (7 U.S.C. 1446a-1), except 
as delegated in paragraph (a)(3) of this section and to the Under 
Secretary for Food, Nutrition, and Consumer Services in Sec. 2.19, and 
assist the Under Secretary for Food, Nutrition, and Consumer Services 
and the Assistant Secretary for Marketing and Regulatory Programs in the 
procurement, handling, payment, and related services under section 32 of 
the Act of August 24, 1935, as amended (7 U.S.C. 612c), the Act of June 
28, 1937, as amended (7 U.S.C. 713c), the National School Lunch Act, as 
amended (42 U.S.C. 1751, et seq.), section 8 of the Child Nutrition Act 
of 1966, as amended (42 U.S.C. 1777), section 311 of the Older Americans 
Act of 1965, as amended (42 U.S.C. 3030a), section 4(a) of the 
Agriculture and Consumer Protection Act of 1973, as amended (7 U.S.C. 
612c note), and section 1114 of the Agriculture and Food Act of 1981 (7 
U.S.C. 1431e).
    (xi) [Reserved]
    (xii) Administer the Agricultural Foreign Investment Disclosure Act 
of 1978 (7 U.S.C. 3501 et seq.), except those functions delegated in 
Sec. 2.21(a)(8)(xi).
    (xiii) Administer energy management activities as assigned.
    (xiv) Conduct producer referenda of commodity promotion programs 
under the Beef Research and Information Act, as amended (7 U.S.C. 2901 
et seq.), and the Agricultural Promotion Programs Act of 1990, as 
amended (7 U.S.C. 6001 et seq.).
    (xv) Conduct field operations of diversion programs for fresh fruits 
and vegetables under section 32 of the Act of August 29, 1935.
    (xvi) Administer the U.S. Warehouse Act, as amended (7 U.S.C. 241-
273), and perform compliance examinations for Farm Service Agency 
programs.
    (xvii) Administer the provisions of the Soil Conservation and 
Domestic Allotment Act relating to assignment of payments (16 U.S.C. 
590h(g)).
    (xviii) Formulate and carry out the Conservation Reserve Program 
under the Food Security Act of 1985, as amended (16 U.S.C. 1231 et 
seq.).
    (xix) Carry out functions relating to highly erodible land and 
wetland conservation under sections 1211-1213 and 1221-1223 of the Food 
Security Act of 1985, as amended (16 U.S.C. 3811-3813 and 3821-3823).
    (xx) Administer the Integrated Farm Management Program under the 
Food, Agriculture, Conservation, and Trade Act of 1990, as amended (7 
U.S.C. 5822).
    (xxi) Administer the provisions of section 326 of the Food and 
Agricultural Act of 1962, as amended (7 U.S.C. 1339c), as they relate to 
any Farm Service Agency administered program.
    (xxii) Conduct an Options Pilot Program pursuant to sections 1151-
1156 of the Food, Agriculture, Conservation, and Trade Act of 1990, as 
amended (7 U.S.C. 1421 note).
    (xxiii) Formulate and administer regulations regarding program 
ineligibility resulting from convictions under Federal or State law of 
planting, cultivating, growing, producing, harvesting, or storing a 
controlled substance, as

[[Page 116]]

required under section 1764 of the Food Security Act of 1985 (21 U.S.C. 
881a).
    (xxiv) Formulate policies and administer programs authorized by 
Title I of the Federal Agriculture Improvement and Reform Act of 1996.
    (2) Related to farm credit. (i) Administer the Consolidated Farm and 
Rural Development Act (7 U.S.C. 1921 et seq.), except for the authority 
contained in the following sections:
    (A) The authority in section 304(b) (7 U.S.C. 1924(b)), relating to 
small business enterprise loans;
    (B) Section 306 (7 U.S.C. 1926), relating to all programs in that 
section;
    (C) Section 306A (7 U.S.C. 1926a) and section 306B (7 U.S.C. 1926b), 
relating to the emergency community water assistance grant programs;
    (D) Section 306C (7 U.S.C. 1926c) to administer the water and waste 
facility loans and grants to alleviate health risks;
    (E) Sections 309 (7 U.S.C. 1929) and 309A (7 U.S.C. 1929a), 
regarding assets and programs related to rural development;
    (F) Section 310A (7 U.S.C. 1931), relating to watershed and resource 
conservation and development loans;
    (G) Section 310B (7 U.S.C. 1932), regarding rural industrialization 
assistance;
    (H) Section 312(b) (7 U.S.C. 1942(b)), relating to small business 
enterprises;
    (I) Section 342 (7 U.S.C. 1013a);
    (J) Section 364 (7 U.S.C. 2006f), section 365 (7 U.S.C. 2008), 
section 366 (7 U.S.C. 2008a), section 367 (7 U.S.C. 2008b), and section 
368 (7 U.S.C. 2008c), regarding assets and programs related to rural 
development; and
    (K) Administrative provisions of subtitle D of the Consolidated Farm 
and Rural Development Act related to Rural Utilities Service, Rural 
Business-Cooperative Service, and Rural Housing Service activities.
    (ii) Collect, service, and liquidate loans made or insured by the 
Farm Service Agency, or its predecessor agencies.
    (iii) Administer the Rural Rehabilitation Corporation Trust 
Liquidation Act (40 U.S.C. 440 et seq.), and trust, liquidation, and 
other agreements entered into pursuant thereto.
    (iv)  [Reserved]
    (v) Administer Farmers Home Administration or any successor agency 
assets conveyed in trust under the Participation Sales Act of 1966 (12 
U.S.C. 1717).
    (vi) Administer the Emergency Loan and Guarantee Programs under 
sections 232, 234, 237, and 253 of the Disaster Relief Act of 1970 (Pub. 
L. No. 91-606), the Disaster Relief Act of 1969 (Pub. L. No. 91-79), 
Pub. L. No. 92-385, approved August 16, 1972, and the Emergency 
Livestock Credit Act of 1974 (Pub. L. No. 93-357), as amended.
    (vii) Administer loans to homestead or desertland entrymen and 
purchasers of land in reclamation projects or to an entryman under the 
desertland law (7 U.S.C. 1006a and 1006b).
    (viii) Administer the Federal Claims Collection Act of 1966, as 
amended (31 U.S.C. 3711 et seq.), and joint regulations issued pursuant 
thereto by the Attorney General and the Comptroller General (4 CFR 
chapter II), with respect to claims of the Farm Service Agency.
    (ix) Service, collect, settle, and liquidate:
    (A) Deferred land purchase obligations of individuals under the 
Wheeler-Case Act of August 11, 1939, as amended (16 U.S.C. 590y), and 
under the item, ``Water Conservation and Utilization projects'' in the 
Department of the Interior Appropriation Act, 1940 (53 Stat. 719), as 
amended;
    (B) Puerto Rican Hurricane Relief loans under the Act of July 11, 
1956 (70 Stat. 525); and
    (C) Loans made in conformance with section 4 of the Southeast 
Hurricane Disaster Relief Act of 1965 (79 Stat. 1301).
    (x) Administer loans to Indian tribes and tribal corporations (25 
U.S.C. 488-492).
    (xi) Administer the State Agricultural Loan Mediation Program under 
title 5 of the Agricultural Credit Act of 1987 (7 U.S.C. 5101 et seq.)
    (xii) Administer financial assistance programs relating to Economic 
Opportunity Loans to Cooperatives under part A of title III and part D 
of title I and the necessarily related functions in title VI of the 
Economic Opportunity Act of 1964, as amended (42 U.S.C. 2763-

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2768, 2841-2855, 2942, 2943(b), 2961), delegated by the Director of the 
Office of Economic Opportunity to the Secretary of Agriculture by 
documents dated October 23, 1964 (29 FR 14764), and June 17, 1968 (33 FR 
9850), respectively.
    (xiii) Exercise all authority and discretion vested in the Secretary 
by section 331(c) of the Consolidated Farm and Rural Development Act, as 
amended by section 2 of the Farmers Home Administration Improvement Act 
of 1994, Pub. L. 103-248 (7 U.S.C. 1981(c)), including the following:
    (A) Determine, with the concurrence of the General Counsel, which 
actions are to be referred to the Department of Justice for the conduct 
of litigation, and refer such actions to the Department of Justice 
through the General Counsel;
    (B) Determine, with the concurrence of the General Counsel, which 
actions are to be referred to the General Counsel, for the conduct of 
litigation and refer such actions; and
    (C) Enter into contracts with private sector attorneys for the 
conduct of litigation, with the concurrence of the General Counsel, 
after determining that the attorneys will provide competent and cost 
effective representation for the Farm Service Agency.
    (3) Related to foreign agriculture. (i) Coordinate the carrying out 
by Department agencies of their functions involving foreign agricultural 
policies and programs and their operations and activities in foreign 
areas. Act as liaison on these matters and functions relating to foreign 
agriculture between the Department of Agriculture and the Department of 
State, the United States Trade Representative, the Trade Policy 
Committee, the Agency for International Development, and other 
departments, agencies, and committees of the U.S. Government, foreign 
governments, the Organization for Economic Cooperation and Development, 
the European Union, the Food and Agriculture Organization of the United 
Nations, the International Bank for Reconstruction and Development, the 
Inter-American Development Bank, the Organization of American States, 
and other public and private U.S. and international organizations, and 
the contracting parties to the General Agreement on Tariffs and Trade 
(GATT) and the World Trade Organization (WTO).
    (ii) Administer Departmental programs concerned with development of 
foreign markets for agricultural products of the United States except 
functions relating to export marketing operations under section 32 of 
the Act of August 23, 1935, as amended (7 U.S.C. 612c), delegated to the 
Assistant Secretary for Marketing and Regulatory Programs, and 
utilization research delegated to the Under Secretary for Research, 
Education, and Economics.
    (iii) Conduct studies of worldwide production, trade, marketing, 
prices, consumption, and other factors affecting exports and imports of 
U.S. agricultural commodities; obtain information on methods used by 
other countries to move farm commodities in world trade on a competitive 
basis for use in the development of programs of this Department; provide 
information to domestic producers, the agricultural trade, the public 
and other interests; and promote normal commercial markets abroad. This 
delegation excludes basic and long-range analyses of world conditions 
and developments affecting supply, demand, and trade in farm products 
and general economic analyses of the international financial and 
monetary aspects of agricultural affairs as assigned to the Under 
Secretary for Research, Education, and Economics.
    (iv) Conduct functions of the Department relating to GATT, WTO, the 
Trade Expansion Act of 1962 (19 U.S.C. 1801 et seq.), the Trade Act of 
1974 (19 U.S.C. 2101 et seq.), the Trade Agreements Act of 1979 (19 
U.S.C. 2501 et seq.), the Omnibus Trade and Competition Act of 1988 (19 
U.S.C. 2901 et seq.), the provisions of subtitle B of title III of the 
North American Free Trade Agreement Implementation Act, and other 
legislation affecting international agricultural trade including the 
programs designed to reduce foreign tariffs and other trade barriers.
    (v) Maintain a worldwide agricultural intelligence and reporting 
system, including provision for foreign agricultural representation 
abroad to protect

[[Page 118]]

and promote U.S. agricultural interests, and to acquire information on 
demand, competition, marketing, and distribution of U.S. agricultural 
commodities abroad pursuant to title VI of the Agricultural Act of 1954, 
as amended (7 U.S.C. 1761-1768).
    (vi) Conduct Department activities to carry out the provisions of 
the International Coffee Agreement Act of 1968 (19 U.S.C. 1356f).
    (vii) Administer functions of the Department relating to import 
controls, except those functions reserved to the Secretary in paragraph 
(b) of this section and those relating to section 8e of the Agricultural 
Act of 1938 (7 U.S.C. 608e-1), as assigned to the Assistant Secretary 
for Marketing and Regulatory Programs. These include:
    (A) Functions under section 22 of the Agricultural Adjustment Act of 
1933, as amended (7 U.S.C. 624);
    (B) General note 15(c) to the Harmonized Tariff Schedule of the 
United States (19 U.S.C. 1202);
    (C) Requests for emergency relief from duty-free imports of 
perishable products filed with the Department of Agriculture under 
section 213(f) of the Caribbean Basin Recovery Act of 1983 (19 U.S.C. 
2703(f));
    (D) Section 404 of the Trade and Tariff Act of 1984 (19 U.S.C. 2112 
note);
    (E) Section 204(e) of the Andean Trade Preference Act (19 U.S.C. 
3203(e));
    (F) Functions under sections 309 and 316 of the North American Free 
Trade Agreement Implementation Act (19 U.S.C. 3358 and 3381);
    (G) Section 301(a) of the United States-Canada Free Trade Agreement 
Implementation Act (19 U.S.C. 2112 note); and
    (H) Section 204 of the Agricultural Act of 1956, as amended (7 
U.S.C. 1854).
    (viii) Represent the Department on the Interdepartmental Committee 
for Export Control and to conduct departmental activities to carry out 
the provisions of the Export Administration Act of 1969, as amended (50 
U.S.C. App. 2401 et seq.), except as reserved to the Secretary under 
paragraph (b)(2) of this section.
    (ix) Exercise the Department's responsibilities in connection with 
international negotiations of the International Wheat Agreement and in 
the administration of such Agreement.
    (x) Plan and carry out programs and activities under the foreign 
market promotion authority of: the Wheat Research and Promotion Act (7 
U.S.C. 1292 note); the Cotton Research and Promotion Act (7 U.S.C. 2101-
2118); the Potato Research and Promotion Act (7 U.S.C. 2611-2627); the 
Egg Research and Consumer Information Act of 1974 (7 U.S.C. 2701-2718); 
the Beef Research and Information Act, as amended (7 U.S.C. 2901-2918); 
the Wheat and Wheat Foods Research and Nutrition Education Act (7 U.S.C. 
3401-3417); the Floral Research and Consumer Information Act of 1981 (7 
U.S.C. 4301-4319); subtitle B of title I of the Dairy and Tobacco 
Adjustment Act of 1983 (7 U.S.C. 4501-4513); the Honey Research, 
Promotion, and Consumer Information Act of 1984, as amended (7 U.S.C. 
4601-4612); the Pork Promotion, Research, and Consumer Information Act 
of 1985 (7 U.S.C. 4801-4819); the Watermelon Research and Promotion Act, 
as amended (7 U.S.C. 4901-4916); the Pecan Promotion and Research Act of 
1990 (7 U.S.C. 6001-6013); the Mushroom Promotion, Research, and 
Consumer Information Act of 1990 (7 U.S.C. 6101-6112); the Lime 
Research, Promotion, and Consumer Information Act of 1990 (7 U.S.C. 
6201-6212); the Soybean Promotion, Research, and Consumer Information 
Act of 1990 (7 U.S.C. 6301-6311); the Fluid Milk Promotion Act of 1990 
(7 U.S.C. 6401-6417); the Fresh Cut Flowers and Fresh Cut Greens 
Promotion and Consumer Information Act (7 U.S.C. 6801-6814); the Sheep 
Promotion, Research, and Information Act of 1994 (7 U.S.C. 7101-7111); 
the Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 
7411-7425); the Canola and Rapeseed Research, Promotion, and Consumer 
Information Act (7 U.S.C. 7441-7452); the National Kiwifruit Research, 
Promotion, and Consumer Information Act (7 U.S.C. 7461-7473); and, the 
Popcorn Promotion, Research, and Consumer Information Act (7 U.S.C. 
7481-7491). This authority includes determining the programs and 
activities to be undertaken and assuring that they are coordinated with 
the overall

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departmental programs to develop foreign markets for U.S. agricultural 
products.
    (xi) Formulate policies and administer barter programs under which 
agricultural commodities are exported.
    (xii) Perform functions of the Department in connection with the 
development and implementation of agreements to finance the sale and 
exportation of agricultural commodities under Public Law 480, 83rd 
Congress, hereafter referred to as ``Public Law 480'' (7 U.S.C. 1691, 
1701 et seq.).
    (xiii) Administer commodity procurement and supply, transportation 
(other than from point of export, except for movement to trust 
territories or possessions), handling, payment, and related services in 
connection with programs under titles II and III of Public Law 480 (7 
U.S.C. 1691, 1701 et seq.), and payment and related services with 
respect to export programs and barter operations.
    (xiv) Coordinate within the Department activities arising under 
Public Law 480 (except as delegated to the Under Secretary for Research, 
Education, and Economics in Sec. 2.21(a)(8)), and represent the 
Department in its relationships in such matters with the Department of 
State, any interagency committee on Public Law 480, and other 
departments, agencies and committees of the Government.
    (xv) Formulate policies and implement programs to promote the export 
of dairy products, as authorized under section 153 of the Food Security 
Act of 1985, as amended (15 U.S.C. 713a-14), and of sunflowerseed oil 
and cottonseed oil, as authorized under section 301(b)(2)(A) of the 
Disaster Assistance Act of 1988, as amended (7 U.S.C. 1464 note).
    (xvi) Formulate policies and implement a program for the export 
sales of dairy products, as authorized by section 1163 of the Food 
Security Act of 1985 (7 U.S.C. 1731 note).
    (xvii) Carry out activities relating to the sale, reduction, or 
cancellation of debt, as authorized by title VI of the Agricultural 
Trade and Development Act of 1954, as amended (7 U.S.C. 1738 et seq.).
    (xviii) Carry out debt-for-health-and-protection swaps, as 
authorized by section 1517 of the Food, Agriculture, Conservation, and 
Trade Act of 1990 (7 U.S.C. 1706).
    (xix) Determine the agricultural commodities acquired under price 
support programs which are available for export and allocate such 
commodities among the various export programs.
    (xx) Conduct economic analyses pertaining to the foreign sugar 
situation.
    (xxi) Exercise the Department's functions with respect to the 
International Sugar Agreement or any such future agreements.
    (xxii) Exercise the Department's responsibilities with respect to 
tariff-rate quotes for dairy products under chapter 4 of the Harmonized 
Tariff Schedule of the United States (19 U.S.C. 1202).
    (xxiii) Serve as a focal point for handling quality or weight 
discrepancy inquiries from foreign buyers of U.S. agricultural 
commodities to insure that they are investigated and receive a timely 
response and that reports thereof are made to appropriate parties and 
government officials in order that corrective action may be taken.
    (xxiv) Establish and administer regulations relating to foreign 
travel by employees of the Department. Regulations will include, but not 
be limited to, obtaining and controlling passports, obtaining visas, 
coordinating Department of State medical clearances and imposing 
requirements for itineraries and contacting the Foreign Agricultural 
Affairs Officers upon arrival in the Officers' country(ies) of 
responsibility.
    (xxv) Formulate policies and administer programs and activities 
authorized by the Agricultural Trade Act of 1978, as amended (7 U.S.C. 
5601 et seq.).
    (xxvi) Administer the Foreign Service personnel system for the 
Department in accordance with 22 U.S.C. 3922, except as otherwise 
delegated to the Assistant Secretary for Marketing and Regulatory 
Programs in Sec. 2.22(a)(2)(i), but including authority to approve joint 
regulations issued by the Department of State and authority to represent 
the Department of Agriculture in all interagency consultations and 
negotiations with the other foreign affairs agencies with respect to 
joint regulations.

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    (xxvii) Establish and maintain U.S. Agricultural Trade Offices, to 
develop, maintain and expand international markets for U.S. agricultural 
commodities in accordance with title IV of Pub. L. No. 95-501 (7 U.S.C. 
1765a-g).
    (xxviii) Administer the programs under section 416(b) of the 
Agricultural Act of 1949, as amended (7 U.S.C. 1431(b)), relating to the 
foreign donation of CCC stocks of agricultural commodities.
    (xxix)-(xxx) [Reserved]
    (xxxi) Administer programs under the Food for Progress Act of 1985 
(7 U.S.C. 1736o).
    (xxxii) Serve as Department adviser on policies, organizational 
arrangements, budgets, and actions to accomplish international 
scientific and technical cooperation in food and agriculture.
    (xxxiii) Administer and direct the Department's programs in 
international development, technical assistance, and training carried 
out under the Foreign Assistance Act, as amended, as requested under 
such act (22 U.S.C. 2151 et seq.).
    (xxxiv) Administer and coordinate assigned Departmental programs in 
international research and scientific and technical cooperation with 
other governmental agencies, land grant universities, international 
organizations, international agricultural research centers, and other 
institutions (7 U.S.C. 1624, 3291).
    (xxxv) Direct and coordinate the Department's participation in 
scientific and technical matters and exchange agreements between the 
United States and other countries.
    (xxxvi) Direct and coordinate the Department's work in international 
organizations and interagency committees concerned with food and 
agricultural development programs (7 U.S.C. 2201-2202).
    (xxxvii) Coordinate policy formulation for USDA international 
science and technology programs concerning international agricultural 
research centers, international organizations, and international 
agricultural research and extension activities (7 U.S.C. 3291).
    (xxxviii) Disseminate, upon request, information on subjects 
connected with agriculture which has been acquired by USDA agencies that 
may be useful to the U.S. private sector in expanding foreign markets 
and investment opportunities through the operation of a Department 
information center, pursuant to 7 U.S.C. 2201.
    (xxxix) Enter into contracts, grants, cooperative agreements, and 
cost reimbursable agreements relating to agricultural research, 
extension, or teaching activities (7 U.S.C. 3318, 3319a).
    (xl) Determine amounts reimbursable for indirect costs under 
international agricultural programs and agreements (7 U.S.C. 3319).
    (xli) Administer the Cochran Fellowship Program (7 U.S.C. 3293).
    (xlii) Determine quantity trigger levels and impose additional 
duties under the special safeguard measures in accordance with U.S. note 
2 to subchapter IV of chapter 99 of the Harmonized Tariff Schedule of 
the United States (19 U.S.C. 1202).
    (4) Related to risk management. (i) Exercise general supervision of 
the Federal Crop Insurance Corporation.
    (ii) Appoint such officers and employees as may be necessary for the 
transaction of the business of the Federal Crop Insurance Corporation 
and the Risk Management Agency.
    (iii) Conduct pilot programs involving revenue insurance, risk 
management savings accounts, or the use of futures markets to manage 
risk and support farm income.
    (iv) Provide education in management of the financial risks inherent 
in the production and marketing of agricultural commodities.
    (5) Related to committee management. Establish and reestablish 
regional, state, and local advisory committees for activities under his 
or her authority. This authority may not be redelegated.
    (6) Related to defense and emergency preparedness. Administer 
responsibilities and functions assigned under the Defense Production Act 
of 1950, as amended (50 U.S.C. App. 2061 et seq.), and title VI of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5195 et seq.), concerning agricultural production; food 
processing, storage, and distribution; distribution of farm equipment 
and fertilizer; rehabilitation and use of food,

[[Page 121]]

agricultural and related agribusiness facilities; CCC resources; farm 
credit and financial assistance; and foreign agricultural intelligence 
and other foreign agricultural matters.
    (7) Related to environmental response. 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, 
under the following provisions of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (``the Act''), as 
amended:
    (i) Sections 104 (a), (b), and (c)(4) of the Act (42 U.S.C. 9604 
(a), (b), and (c)(4)), with respect to removal and remedial actions in 
the event of release or threatened release of a hazardous substance, 
pollutant, or contaminant into the environment;
    (ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with 
respect to information gathering and access requests and orders; 
compliance with Federal health and safety standards and wage and labor 
standards applicable to covered work; and emergency procurement powers;
    (iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with 
respect to the reduction of exposure to significant risk to human 
health;
    (iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to 
the acquisition of real property and interests in real property required 
to conduct a remedial action;
    (v) The first two sentences of section 105(d) of the Act (42 U.S.C. 
9605(d)), with respect to petition for preliminary assessment of a 
release or threatened release;
    (vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to 
consideration of the availability of qualified minority firms in 
awarding contracts, but excluding that portion of section 105(f) 
pertaining to the annual report to Congress;
    (vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the 
assessment of civil penalties for violations of section 122 of the Act 
(42 U.S.C. 9622), and the granting of awards to individuals providing 
information;
    (viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect 
to the designation of officials who may obligate money in the Hazardous 
Substances Superfund;
    (ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to 
establishing an administrative record upon which to base the selection 
of a response action and identifying and notifying potentially 
responsible parties;
    (x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to 
preliminary assessment and site inspection of facilities;
    (xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and (c)), 
with respect to public participation in the preparation of any plan for 
remedial action and explanation of variances from the final remedial 
action plan for any remedial action or enforcement action, including any 
settlement or consent decree entered into;
    (xii) Section 119 of the Act (42 U.S.C. 9119), with respect to 
indemnifying response action contractors;
    (xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to 
cleanup standards; and
    (xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to 
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C. 
9622(b)(1)), related to mixed funding agreements.
    (8) Related to compliance with environmental laws. 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 State, interstate, or local agency, 
containing a plan and schedule to achieve and maintain compliance with 
applicable pollution control standards established pursuant to the 
following:
    (i) Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act, as further amended by the Hazardous and 
Solid Waste Amendments, and the Federal Facility Compliance Act (42 
U.S.C. 6901 et seq.);

[[Page 122]]

    (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.).
    (9) Related to hazardous materials management. (i) Serve on the USDA 
Hazardous Materials Policy Council.
    (ii) Recommend actions and policies that enable USDA agencies under 
his or her authority to comply with the intent, purposes, and standards 
of environmental laws for pollution prevention, control, and abatement.
    (iii) Consult with the United States Environmental Protection Agency 
and other appropriate Federal agencies in developing pollution 
prevention, control, and abatement policies and programs relating to 
agencies under his or her authority.
    (iv) Recommend actions and policies of the loan and grant programs 
under his or her authority concerning compliance with the Asset 
Conservation, Lender Liability, and Deposit Insurance Protection Act of 
1996, Subtitle E of Public Law No. 104-208.
    (b) The following authorities are reserved to the Secretary of 
Agriculture:
    (1) Related to farm service. (i) Appointment of Farm Service Agency 
State committeemen.
    (ii) Final approval of regulations relating to the selection and 
exercise of the functions of committees promulgated under section 8(b) 
of the Soil Conservation and Domestic Allotment Act, as amended (16 
U.S.C. 590h(b)).
    (2) Related to foreign agriculture. (i) Approving export controls 
with respect to any agricultural commodity, including fats and oils or 
animal hides or skins as provided for in the Export Administration Act 
of 1969, as amended (50 U.S.C. App. 2401 et seq.).
    (ii) Advising the President that imports are having the effect on 
programs or operations of this Department required as a prerequisite for 
the imposition of import controls under section 22 of the Agricultural 
Adjustment Act of 1933, as amended (7 U.S.C. 624a), recommending that 
the President cause an investigation to be made by the Tariff Commission 
of the facts so that a determination can be made whether import 
restrictions should be imposed under that Act, and determining under 
section 204(e) of the Andean Trade Preference Act (19 U.S.C. 3203(e)) 
that there exists a serious injury, or threat thereof and recommending 
to the President whether or not to take action.
    (iii) Determining the agricultural commodities and the quantities 
thereof available for disposition under Public Law 480 (7 U.S.C. 1731).
    (3) Related to risk management. (i) Appointment of those members of 
the Board of Directors of the Federal Crop Insurance Corporation who are 
not already otherwise employed by the Department of Agriculture, and as 
authorized in 7 U.S.C. 1505(a) designating an Under Secretary of 
Agriculture to be a member of the Board in addition to the Under 
Secretary responsible for the Federal crop insurance program who is a 
Board member pursuant to 7 U.S.C. 1505(a).
    (ii) Appointment of the Administrator of the Risk Management Agency 
who also shall serve as the Manager of the Federal Crop Insurance 
Corporation.

[60 FR 56393, Nov. 8, 1995, as amended at 61 FR 25775, May 23, 1996; 61 
FR 37552, July 18, 1996; 62 FR 1031, Jan. 8, 1997; 62 FR 19900, Apr. 24, 
1997; 62 FR 40253, July 28, 1997; 65 FR 12427, Mar. 9, 2000]

Sec. 2.17  Under Secretary for Rural Development.

    (a) The following delegations of authority are made by the Secretary 
of Agriculture to the Under Secretary for Rural Economic and Community 
Development:
    (1) Provide leadership and coordination within the executive branch 
of a

[[Page 123]]

Nationwide Rural Development Program utilizing the services of executive 
branch departments and agencies and the agencies, bureaus, offices, and 
services of the Department of Agriculture in coordination with rural 
development programs of State and local governments (7 U.S.C. 2204).
    (2) Coordinate activities relative to rural development among 
agencies reporting to the Under Secretary for Rural Economic and 
Community Development and, through appropriate channels, serve as the 
coordinating official for other departmental agencies having primary 
responsibilities for specific titles of the Rural Development Act of 
1972, and allied legislation.
    (3) Administer a national program of economic, social, and 
environmental research and analysis, statistical programs, and 
associated service work related to rural people and the communities in 
which they live including rural industrialization; rural population and 
manpower; local government finance; income development strategies; 
housing; social services and utilization; adjustments to changing 
economic and technical forces; and other related matters.
    (4) Work with Federal agencies in encouraging the creation of rural 
community development organizations.
    (5) Assist other Federal agencies in making rural community 
development organizations aware of the Federal programs available to 
them.
    (6) Advise rural community development organizations of the 
availability of Federal assistance programs.
    (7) Advise other Federal agencies of the need for particular Federal 
programs.
    (8) Assist rural community development organizations in making 
contact with Federal agencies whose assistance may be of benefit to 
them.
    (9) Assist other Federal agencies and national organizations in 
developing means for extending their services effectively to rural 
areas.
    (10) Assist other Federal agencies in designating pilot projects in 
rural areas.
    (11) Conduct studies to determine how programs of the Department can 
be brought to bear on the economic development problems of the country 
and assure that local groups are receiving adequate technical assistance 
from Federal agencies or from local and State governments in formulating 
development programs and in carrying out planned development activities.
    (12) Assist other Federal agencies in formulating manpower 
development and training policies.
    (13) Related to committee management. Establish and reestablish 
regional, state, and local advisory committees for activities under his 
or her authority. This authority may not be re-delegated.
    (14) Related to defense and emergency preparedness. Administer 
responsibilities and functions assigned under the Defense Production Act 
of 1950, as amended (50 U.S.C. App. 2061 et seq.), and title VI of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5195 et seq.), concerning rural development credit and financial 
assistance.
    (15) Related to energy. (i) Provide Department-wide operational 
support and coordination for loan and grant programs to foster and 
encourage the production of fuels from agricultural and forestry 
products or by-products.
    (ii) Participate as a Department representative at conferences, 
meetings and other contacts including liaison with the Department of 
Energy and other government agencies and departments with respect to 
implementation of established Department energy policy.
    (iii) Serve as Co-Chairperson of the Energy Coordinating Committee 
of the Department.
    (16) Collect, service, and liquidate loans made, insured, or 
guaranteed by the Rural Utilities Service, the Rural Housing Service, 
the Rural Business-Cooperative Service, or their predecessor agencies.
    (17) Administer the Federal Claims Collection Act of 1966 (31 U.S.C. 
3711 et seq.), and joint regulations issued pursuant thereto by the 
Attorney General and the Comptroller General (4 CFR chapter II), with 
respect to claims of the Rural Housing Service, the Rural Business-
Cooperative Service and the Rural Utilities Service.

[[Page 124]]

    (18) 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, under the following provisions of the 
Comprehensive Environmental Response, Compensation, and Liability Act of 
1980 (``the Act''), as amended:
    (i) Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a), 
(b), and (c)(4)), with respect to removal and remedial actions in the 
event of release or threatened release of a hazardous substance, 
pollutant, or contaminant into the environment;
    (ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with 
respect to information gathering and access requests and orders; 
compliance with Federal health and safety standards and wage and labor 
standards applicable to covered work; and emergency procurement powers;
    (iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with 
respect to the reduction of exposure to significant risk to human 
health;
    (iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to 
the acquisition of real property and interests in real property required 
to conduct a remedial action;
    (v) The first two sentences of section 105(d) of the Act (42 U.S.C. 
9605(d)), with respect to petitions for preliminary assessment of a 
release or threatened release;
    (vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to 
consideration of the availability of qualified minority firms in 
awarding contracts, but excluding that portion of section 105(f) 
pertaining to the annual report to Congress;
    (vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the 
assessment of civil penalties for violations of section 122 of the Act 
(42 U.S.C. 9622), and the granting of awards to individuals providing 
information;
    (viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect 
to the designation of officials who may obligate money in the Hazardous 
Substances Superfund;
    (ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to 
establishing an administrative record upon which to base the selection 
of a response action and identifying and notifying potentially 
responsible parties;
    (x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to 
preliminary assessment and site inspection of facilities;
    (xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and (c)), 
with respect to public participation in the preparation of any plan for 
remedial action and explanation of variances from the final remedial 
action plan for any remedial action or enforcement action, including any 
settlement or consent decree entered into;
    (xii) Section 119 of the Act (42 U.S.C. 9119), with respect to 
indemnifying response action contractors;
    (xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to 
cleanup standards; and
    (xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to 
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C. 
9622(b)(1)), related to mixed funding agreements.
    (19) 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 State, interstate, 
or local agency, containing a plan and schedule to achieve and maintain 
compliance with applicable pollution control standards established 
pursuant to the following:
    (i) Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act, as further amended by the Hazardous and 
Solid Waste Amendments, and the Federal Facility Compliance Act (42 
U.S.C. 6901 et seq.);
    (ii) Federal Water Pollution Prevention and Control Act, as amended 
(33 U.S.C. 1251 et seq.);
    (iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.);
    (iv) Clean Air Act, as amended (42 U.S.C. 7401 et seq.);

[[Page 125]]

    (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.).
    (20) Related to rural utilities service. (i) Administer the Rural 
Electrification Act of 1936, as amended (7 U.S.C. 901 et seq.) except 
for rural economic development loan and grant programs; (7 U.S.C. 940c 
and 950aa et seq.): Provided, however, that the Under Secretary 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.
    (ii) Administer the Rural Electrification Act of 1938 (7 U.S.C. 903 
note).
    (iii) Designate the chief executive officer of the Rural Telephone 
Bank.
    (iv) Administer the following sections of the Consolidated Farm and 
Rural Development Act (7 U.S.C. 1921, et seq.):
    (A) Section 306 (7 U.S.C. 1926), related to water and waste 
facilities;
    (B) Section 306A (7 U.S.C. 1926a);
    (C) Section 306B (7 U.S.C. 1926b);
    (D) Section 306C (7 U.S.C. 1926c);
    (E) Sections 309 (7 U.S.C. 1929) and 309A (7 U.S.C. 1929a), relating 
to assets and programs related to watershed facilities, resource and 
conservation facilities, and water and waste facilities;
    (F) Section 310A (7 U.S.C. 1931), relating to watershed and resource 
conservation and development;
    (G) Section 310B(b) (7 U.S.C. 1932(b));
    (H) Section 310B(i) (7 U.S.C. 1932(i)), relating to loans for 
business telecommunications partnerships; and
    (I) Administrative Provisions of subtitle D of the Consolidated Farm 
and Rural Development Act relating to rural utility activities.
    (v) Administer section 8, and those functions with respect to 
repayment of obligations under section 4 of the Watershed Protection and 
Flood Prevention Act (16 U.S.C. 1006a, 1004) and administer the Resource 
Conservation and Development Program to assist in carrying out resource 
conservation and development projects in rural areas under section 32(e) 
of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(e)).
    (vi) Administer the Water and Waste Loan Program (7 U.S.C. 1926-1).
    (vii) Administer the Rural Wastewater Treatment Circuit Rider 
Program (7 U.S.C. 1926 note).
    (viii) Administer the Distance Learning and Medical Link Programs (7 
U.S.C. 950aaa et seq.).
    (ix) Administer Water and Waste Facility Programs and activities (7 
U.S.C. 1926-1).
    (21) Related to rural business-cooperative. (i) Administer the Rural 
Economic Development Loan and Grant Programs under the Rural 
Electrification Act (7 U.S.C. 940c and 950aa et seq.).
    (ii) Administer the following sections of the Consolidated Farm and 
Rural Development Act (7 U.S.C. 1921 et seq.):
    (A) Section 306(a)(11)(A) (7 U.S.C. 1926 (a)(11)(A)), relating to 
grants for business technical assistance and planning;
    (B) Section 304(b) (7 U.S.C. 1924(b)), relating to small business 
enterprises;
    (C) Sections 309 (7 U.S.C. 1929) and 309A (7 U.S.C. 1929a), relating 
to assets and programs related to rural development;
    (D) Section 310B (7 U.S.C. 1932), relating to rural 
industrialization assistance, rural business enterprise grants and rural 
technology and cooperative development grants;
    (E) Section 312(b) (7 U.S.C. 1942(b)), relating to small business 
enterprises; and
    (F) Administrative Provisions of subtitle D of the Consolidated Farm 
and Rural Development Act relating to rural business-cooperative 
activities.
    (iii) Administer Alcohol Fuels Credit Guarantee Program Account 
(Pub. L. 102-341, 106 Stat. 895).
    (iv) Administer section 1323 of the Food Security Act of 1985 (7 
U.S.C. 1932 note).
    (v) Administer loan programs in the Appalachian region under 
sections 203 and 204 of the Appalachian Regional Development Act of 1965 
(40 U.S.C. App. 204).
    (vi) Administer section 601 of the Powerplant and Industrial Fuel 
Use Act of 1978 (Pub. L. 95-620).

[[Page 126]]

    (vii) Administer the Drought and Disaster Guaranteed Loan Program 
under section 331 of the Disaster Assistance Act of 1988 (7 U.S.C. 1929a 
note).
    (viii) Administer the Disaster Assistance for Rural Business 
Enterprises Guaranteed Loan Program under section 401 of the Disaster 
Assistance Act of 1989 (7 U.S.C. 1929a note).
    (ix) Administer the Rural Economic Development Demonstration Grant 
Program (7 U.S.C. 2662a).
    (x) Administer the Economically Disadvantaged Rural Community Loan 
Program (7 U.S.C. 6616).
    (xi) Exercise administrative oversight and final decisionmaking 
authority over the Alternative Agricultural Research and 
Commercialization Corporation (AARCC) and the AARCC Revolving Fund, 
established pursuant to the Alternative Agricultural Research and 
Commercialization Act of 1990, (7 U.S.C. 5901 et seq.).
    (xii) Administer programs authorized by the Cooperative Marketing 
Act of 1926 (7 U.S.C. 451-457).
    (xiii) Carry out the responsibilities of the Secretary of 
Agriculture relating to the marketing aspects of cooperatives, including 
economic research and analysis, the application of economic research 
findings, technical assistance to existing and developing cooperatives, 
education on cooperatives, and statistical information pertaining to 
cooperatives as authorized by the Agricultural Marketing Act of 1946 (7 
U.S.C. 1621-1627).
    (xiv) Work with institutions and international organizations 
throughout the world on subjects related to the development and 
operation of agricultural cooperatives. Such work may be carried out by:
    (A) Exchanging materials and results with such institutions or 
organizations;
    (B) Engaging in joint or coordinated activities; or
    (C) Stationing representatives at such institutions or organizations 
in foreign countries (7 U.S.C. 3291).
    (xv) Administer in rural areas the process of designation, provision 
of monitoring and oversight, and provision of technical assistance for 
Empowerment Zones and Enterprise Communities pursuant to section 13301 
of Public Law 103-66, Omnibus Budget Reconciliation Act of 1993 (26 
U.S.C. 1391 et seq.)
    (xvi) Work with Federal agencies in encouraging the creation of 
local rural community development organizations. Within a State, assist 
other Federal agencies in developing means for extending their services 
effectively to rural areas and in designating pilot projects in rural 
areas (7 U.S.C. 2204).
    (xvii) Conduct assessments to determine how programs of the 
Department can be brought to bear on the economic development problems 
of a State or local area and assure that local groups are receiving 
adequate and effective technical assistance from Federal agencies or 
from local and State governments in formulating development programs and 
in carrying out planned development activities (7 U.S.C. 2204b).
    (xviii) Develop a process through which State, sub-state and local 
rural development needs, goals, objectives, plans, and recommendations 
can be received and assessed on a continuing basis (7 U.S.C. 2204b).
    (xix) Prepare local or area-wide rural development strategies based 
on the needs, goals, objectives, plans and recommendations of local 
communities, sub-state areas and States (7 U.S.C. 2204b).
    (xx) Develop a system of outreach in the State or local area to 
promote rural development and provide for the publication and 
dissemination of information, through multi-media methods, relating to 
rural development. Advise local rural development organizations of 
availability of Federal programs and the type of assistance available, 
and assist in making contact with Federal program (7 U.S.C. 2204; 7 
U.S.C. 2204b).
    (22) Related to rural housing. (i) Administer the following under 
the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.):
    (A) Section 306 (7 U.S.C. 1926), except with respect to financing 
for water and waste disposal facilities; or loans for rural 
electrification or telephone systems or facilities other than 
hydroelectric generating and related distribution systems and 
supplemental and supporting structures if they are

[[Page 127]]

eligible for Rural Utilities Service financing; and financing for 
grazing facilities and irrigation and drainage facilities; and 
subsection 306(a)(11);
    (B) Section 309A (7 U.S.C. 1929a), regarding assets and programs 
relating to community facilities; and
    (C) Administrative Provisions of subtitle D of the Consolidated Farm 
and Rural Development Act relating to rural housing activities.
    (ii) Administer title V of the Housing Act of 1949 (42 U.S.C. 1471 
et seq.), except those functions pertaining to research.
    (iii) Make grants, administer a grant program, and determine the 
types of assistance to be provided to aid low-income migrant and 
seasonal farmworkers (42 U.S.C. 5177a).
    (iv) Administer the Rural Housing Disaster Program under sections 
232, 234, and 253 of the Disaster Relief Act of 1970 (Pub. L. No. 91-
606).
    (v) Exercise all authority and discretion vested in the Secretary by 
section 510(d) of the Housing Act of 1949, as amended by section 1045 of 
the Stewart B. McKinney Homeless Assistance Amendments Act of 1988, Pub. 
L. 100-628 (42 U.S.C. 1480(d)), including the following:
    (A) Determine, with the concurrence of the General Counsel, which 
actions are to be referred to the Department of Justice for the conduct 
of litigation, and refer such actions to the Department of Justice 
through the General Counsel;
    (B) Determine, with the concurrence of the General Counsel, which 
actions are to be referred to the General Counsel for the conduct of 
litigation and refer such actions; and
    (C) Enter into contracts with private sector attorneys for the 
conduct of litigation, with the concurrence of the General Counsel, 
after determining that the attorneys will provide competent and cost 
effective representation for the Rural Housing Service and 
representation by the attorney will either accelerate the process by 
which a family or person eligible for assistance under section 502 of 
the Housing Act of 1949 will be able to purchase and occupy the housing 
involved, or preserve the quality of the housing involved.
    (23) Related to hazardous materials management. (i) Serve on the 
USDA Hazardous Materials Policy Council.
    (ii) Recommend actions and policies that enable USDA agencies under 
his or her authority to comply with the intent, purposes, and standards 
of environmental laws for pollution prevention, control, and abatement.
    (iii) Consult with the United States Environmental Protection Agency 
and other appropriate Federal agencies in developing pollution 
prevention, control, and abatement policies and programs relating to 
agencies under his or her authority.
    (iv) Recommend actions and policies of the loan and grant programs 
under his or her authority concerning compliance with the Asset 
Conservation, Lender Liability, and Deposit Insurance Protection Act of 
1996, Subtitle E of Public Law No. 104-208.
    (b) The following authority is reserved to the Secretary of 
Agriculture:
    (1) Related to rural business-cooperative. Submission to the 
Congress of the report required pursuant to section 1469 of Pub. L. No. 
101-624.
    (2) [Reserved]

[60 FR 56393, Nov. 8, 1995, as amended at 65 FR 12427, Mar. 9, 2000; 66 
FR 31107, June 11, 2001]

Sec. 2.18  Under Secretary for Food Safety.

    (a) The following delegations of authority are made by the Secretary 
of Agriculture to the Under Secretary for Food Safety:
    (1) Related to food safety and inspection. (i) Exercise the 
functions of the Secretary of Agriculture contained in the Agricultural 
Marketing Act of 1946, as amended (7 U.S.C. 1621-1627), relating to 
voluntary inspection of poultry and edible products thereof; voluntary 
inspection and certification of technical animal fat; certified products 
for dogs, cats, and other carnivora; voluntary inspection of rabbits and 
edible products thereof; and voluntary inspection and certification of 
edible meat and other products.
    (ii) Exercise the functions of the Secretary of Agriculture 
contained in the following legislation:
    (A) Poultry Products Inspection Act, as amended (21 U.S.C. 451-470);

[[Page 128]]

    (B) Federal Meat Inspection Act, as amended, and related 
legislation, excluding sections 12-14, and also excluding so much of 
section 18 as pertains to issuance of certificates of condition of live 
animals intended and offered for export (21 U.S.C. 601-611, 615-624, 
641-645, 661, 671-680, 691-692, 694-695);
    (C) Egg Products Inspection Act, except for the Shell Egg 
Surveillance Program, voluntary laboratory analyses of egg products, and 
the Voluntary Egg Grading Program (21 U.S.C. 1031-1056);
    (D) Talmadge-Aiken Act (7 U.S.C. 450) with respect to cooperation 
with States in administration of the Federal Meat Inspection Act and the 
Poultry Products Inspection Act;
    (E) Humane Slaughter Act (7 U.S.C. 1901-1906);
    (F) National Laboratory Accreditation Program (7 U.S.C. 138-138i) 
with respect to laboratories accredited only for pesticide residue 
analysis in meat and poultry products; and
    (G) Administer and conduct a Food Safety Research Program (7 U.S.C. 
427).
    (iii) Coordinate with the Assistant Secretary for Marketing and 
Regulatory Programs the administration of programs relating to human 
pathogen reduction (such as salmonella enteritidis) pursuant to section 
2 of the Act of February 2, 1903, as amended (21 U.S.C. 111), and 
sections 4 and 5 of the Act of May 29, 1884, as amended (21 U.S.C. 120).
    (iv) Enter into contracts, grants, or cooperative agreements to 
further research programs in the agricultural sciences (7 U.S.C. 3318).
    (2) Related to committee management. Establish and reestablish 
regional, State, and local advisory committees for activities under his 
or her authority. This authority may not be redelegated.
    (3) Related to defense and emergency preparedness. Administer 
responsibilities and functions assigned under the Defense Production Act 
of 1950, as amended (50 U.S.C. App. 2061 et seq.), and title VI of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5195 et seq.), concerning the wholesomeness of meat and poultry 
and products thereof and inspection of eggs and egg products.
    (4) Related to biotechnology. Coordinate the development and 
carrying out by Department agencies of all matters and functions 
pertaining to the Department's regulation of biotechnology as they may 
affect the safety of meat, poultry or egg products.
    (5) Related to environmental response. 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, 
under the following provisions of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (``the Act''), as 
amended:
    (i) Sections 104 (a), (b), and (c)(4) of the Act (42 U.S.C. 9604 
(a), (b), and (c)(4)), with respect to removal and remedial actions in 
the event of release or threatened release of a hazardous substance, 
pollutant, or contaminant into the environment;
    (ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with 
respect to information gathering and access requests and orders; 
compliance with Federal health and safety standards and wage and labor 
standards applicable to covered work; and emergency procurement powers;
    (iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with 
respect to the reduction of exposure to significant risk to human 
health;
    (iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to 
the acquisition of real property and interests in real property required 
to conduct a remedial action;
    (v) The first two sentences of section 105(d) of the Act (42 U.S.C. 
9605(d)), with respect to petitions for preliminary assessment of a 
release or threatened release;
    (vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to 
consideration of the availability of qualified minority firms in 
awarding contracts, but excluding that portion of section 105(f) 
pertaining to the annual report to Congress;
    (vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the 
assessment of civil penalties for violations of section 122 of the Act 
(42 U.S.C. 9622), and the granting of awards to individuals providing 
information;

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    (viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect 
to the designation of officials who may obligate money in the Hazardous 
Substances Superfund;
    (ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to 
establishing an administrative record upon which to base the selection 
of a response action and identifying and notifying potentially 
responsible parties;
    (x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to 
preliminary assessment and site inspection of facilities;
    (xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and (c)), 
with respect to public participation in the preparation of any plan for 
remedial action and explanation of variances from the final remedial 
action plan for any remedial action or enforcement action, including any 
settlement or consent decree entered into;
    (xii) Section 119 of the Act (42 U.S.C. 9119), with respect to 
indemnifying response action contractors;
    (xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to 
cleanup standards; and
    (xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to 
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C. 
9622(b)(1)), related to mixed funding agreements.
    (6) Related to compliance with environmental laws. 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 State, interstate, or local agency, 
containing a plan and schedule to achieve and maintain compliance with 
applicable pollution control standards established pursuant to the 
following:
    (i) Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act, as further amended by the Hazardous and 
Solid Waste Amendments, and the Federal Facility Compliance Act (42 
U.S.C. 6901 et seq.);
    (ii) Federal Water Pollution Prevention and Control Act, as amended 
(33 U.S.C. 1251 et seq.);
    (iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.);
    (iv) Clean Air Act, as amended (42 U.S.C. 7401 et seq.);
    (v) Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq.);
    (vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601 et 
seq.);
    (vii) Federal Insecticide, Fungicide, and Rodenticide Act, as 
amended (7 U.S.C. 136 et seq.); and
    (viii) Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended by the Superfund Amendments and 
Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.).
    (7) Related to hazardous materials management. (i) Serve on the USDA 
Hazardous Materials Policy Council.
    (ii) Recommend actions and policies that enable the USDA agency 
under his or her authority to comply with the intent, purposes, and 
standards of environmental laws for pollution prevention, control, and 
abatement.
    (iii) Consult with the United States Environmental Protection Agency 
and other appropriate Federal agencies in developing pollution 
prevention, control, and abatement policies and programs relating to 
agencies under his or her authority.
    (iv) Exercise primary responsibility to regulate drug, pesticide, 
and environmental contaminants in food products as covered by the 
Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 
U.S.C. 136 et seq.), including the Food Quality Protection Act of 1996, 
Public Law 104-170, and the Toxic Substances Control Act, as amended (15 
U.S.C. 2601 et seq.), as implemented by the Food Safety and Inspection 
Service through a Memorandum of Understanding with the United States 
Department of Health and Human Services, Food and Drug Administration, 
and the United States Environmental Protection Agency.

[60 FR 56393, Nov. 8, 1995, as amended at 65 FR 12428, Mar. 9, 2000]

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

    (a) The following delegations of authority are made by the Secretary 
of Agriculture to the Under Secretary for Food, Nutrition, and Consumer 
Services:
    (1) Related to food and nutrition. (i) Administer the following 
legislation:
    (A) The Food Stamp Act of 1977, as amended (7 U.S.C. 2011-2032);
    (B) National School Lunch Act of 1946, as amended (42 U.S.C. 1751-
1769h), except procurement of agricultural commodities and other foods 
under section 6 thereof;
    (C) Child Nutrition Act of 1966, as amended (42 U.S.C. 1771-1790);
    (D) Sections 933-939 of the Food, Agriculture, Conservation, and 
Trade Act Amendments of 1991 (7 U.S.C. 5930 note); and
    (E) Section 301 of the Healthy Meals for Healthy Americans Act of 
1994 (Pub. L. 103-448).
    (ii) Administer those functions relating to the distribution and 
donation of agricultural commodities and products thereof under the 
following legislation:
    (A) Clause (3) of section 416(a) of the Agricultural Act of 1949, as 
amended (7 U.S.C. 1431(a)), except the estimate and announcement of the 
types and varieties of food commodities, and the quantities thereof, to 
become available for distribution thereunder;
    (B) Section 709 of the Food and Agriculture Act of 1965, as amended 
(7 U.S.C. 1446a-1);
    (C) Section 32 of the Act of August 24, 1935, as amended (7 U.S.C. 
612c), as supplemented by the Act of June 28, 1937, as amended (15 
U.S.C. 713c), and related legislation;
    (D) Section 9 of the Act of September 6, 1958, as amended (7 U.S.C. 
1431b);
    (E) Section 210 of the Agricultural Act of 1956 (7 U.S.C. 1859), 
except with respect to donations to Federal penal and correctional 
institutions;
    (F) Section 402 of the Mutual Security Act of 1954, as amended (22 
U.S.C. 1922);
    (G) Section 311 of the Older Americans Act of 1965, as amended (42 
U.S.C. 3030a);
    (H) Sections 412 and 413(b) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5179, 5180(b));
    (I) Sections 4 and 5 of the Agriculture and Consumer Protection Act 
of 1973, as amended (7 U.S.C. 612c note);
    (J) Section 1114 of the Agriculture and Food Act of 1981, as amended 
(7 U.S.C. 1431e);
    (K) Section 1336 of the Agriculture and Food Act of 1981 (Pub. L. 
97-98);
    (L) Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note);
    (M) Sections 3(b)-(i), 3A and 4 of the Commodity Distribution Reform 
Act and WIC Amendments of 1987 (7 U.S.C. 612c note); and
    (N) Section 110 of the Hunger Prevention Act of 1988 (7 U.S.C. 612c 
note).
    (iii) Administer those functions relating to the distribution of 
food coupons under section 412 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5179).
    (iv) In connection with the functions assigned in paragraphs 
(a)(1)(i), (ii) and (iii) of this section, relating to the distribution 
and donation of agricultural commodities and products thereof and food 
coupons to eligible recipients, authority to determine the requirements 
for such agricultural commodities and products thereof and food coupons 
to be so distributed.
    (v) Receive donation of food commodities under clause (3) of section 
416(a) of the Agricultural Act of 1949, as amended, section 709 of the 
Food and Agriculture Act of 1965, as amended, section 5 of the 
Agriculture and Consumer Protection Act of 1973, section 1114(a) of the 
Agriculture and Food Act of 1981, and section 202(a) and 202A of the 
Emergency Food Assistance Act of 1983.
    (2) Related to consumer advice. (i) Develop and implement USDA 
policy and procedural guidelines for carrying out the Department's 
Consumer Affairs Plan.
    (ii) Advise the Secretary and other policy level officials of the 
Department on consumer affairs policies and programs.
    (iii) Coordinate USDA consumer affairs activities and monitor and 
analyze agency procedures and performance.

[[Page 131]]

    (iv) Represent the Department at conferences, meetings and other 
contacts where consumer affairs issues are discussed, including liaison 
with the White House and other governmental agencies and departments.
    (v) Work with the Office of Budget and Program Analysis and the 
Office of Communications to ensure coordination of USDA consumer affairs 
and public participation programs, policies and information, and to 
prevent duplication of responsibilities.
    (vi) Serve as a consumer ombudsman and communication link between 
consumers and the Department.
    (vii) Approve the designation of agency Consumer Affairs Contacts.
    (3) Related to human nutrition information. (i) Develop techniques 
and equipment to assist consumers in the home and in institutions in 
selecting food that supplies a nutritionally adequate diet.
    (ii) Develop family food plans at different costs for use as 
standards by families of different sizes, sex-age composition, and 
economic levels.
    (iii) Develop suitable and safe preparation and management 
procedures to retain nutritional and eating qualities of food served in 
homes and institutions.
    (iv) Develop materials to aid the public in meeting dietary needs, 
with emphasis on food selection for good nutrition and appropriate cost, 
and food preparation to avoid waste, maximize nutrient retention, 
minimize food safety hazards, and conserve energy.
    (v) Develop food plans for use in establishing food stamp benefit 
levels, and assess the nutritional impact of Federal food programs.
    (vi) Coordinate nutrition education promotion and professional 
education projects within the Department.
    (vii) Analyze data from food consumption surveys in coordination 
with the Under Secretary for Research, Education, and Economics to 
provide a basis for evaluating dietary adequacy.
    (viii) Consult with the Federal and State agencies, the Congress, 
universities, and other public and private organizations and the general 
public regarding household food consumption, individual intake, and 
dietary adequacy, and implications of the survey on public policy 
regarding food and nutrition policies (7 U.S.C. 3171-3175).
    (4) Related to committee management. Establish and reestablish 
regional, State, and local advisory committees for activities under his 
or her authority. This authority may not be redelegated.
    (5) Related to defense and emergency preparedness. Administer 
responsibilities and functions assigned under the Defense Production Act 
of 1950, as amended (50 U.S.C. App. 2061 et seq.), and title VI of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5195 et seq.), concerning food stamp assistance.
    (b) The following authority is reserved to the Secretary of 
Agriculture:
    (1) Related to food and nutrition. Authority to appoint the members 
of the National Advisory Council on Maternal, Infant, and Fetal 
Nutrition as directed in section 17(k) of the Child Nutrition Act of 
1966, as amended (42 U.S.C. 1786(k)).
    (2) [Reserved]

Sec. 2.20  Under Secretary for Natural Resources and Environment.

    (a) The following delegations of authority are made by the Secretary 
of Agriculture to the Under Secretary for Natural Resources and 
Environment:
    (1) Related to environmental quality. (i) Administer the 
implementation of the National Environmental Policy Act for the United 
States Department of Agriculture (USDA).
    (ii) 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.
    (iii) Represent USDA in contacts with the United States 
Environmental Protection Agency, the Council on Environmental Quality, 
and other organizations or agencies on matters related to assigned 
responsibilities.

[[Page 132]]

    (iv) Formulate and promulgate USDA policy relating to environmental 
activity and natural resources.
    (v) Provide staff support for the Secretary in the review of 
environmental impact statements.
    (vi) Provide leadership in USDA for general land use activities 
including implementation of Executive Order 11988, Flood Plain 
Management, 3 CFR, 1977 Comp., p. 117, and Executive Order 11990, 
Protection of Wetlands, 3 CFR, 1977 Comp., p. 121.
    (vii) Take such action as may be necessary, including issuance of 
administrative orders, and enter into agreements with any person to 
perform any response action under sections 106(a) and 122 (except 
subsection (b)(1)) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9606(a), 
9622), pursuant to sections 4(c)(3) and 4(d)(3) of Executive Order No. 
12580, as amended by Executive Order No. 13016, to be exercised only 
with the concurrence of the General Counsel.
    (viii) 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, Pub. L. 105-83, relating to the 
acquisition of the New World Mine and other priority land acquisitions, 
land exchanges, and other activities.
    (ix) Serve on the USDA Hazardous Materials Policy Council.
    (x) Recommend actions and policies that enable agencies under his or 
her authority to comply with the intent, purposes, and standards of 
environmental laws for pollution prevention, control, and abatement.
    (xi) Consult with the United States Environmental Protection Agency 
and other appropriate Federal agencies in developing pollution 
prevention, control, and abatement policies and programs relating to 
agencies under his or her authority.
    (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. This 
delegation covers the acquisition and disposition of 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).
    (iii) 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 boundaries 
established under the authority of the Weeks Act.
    (iv) 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.
    (v) For the purposes of the National Forest System Drug Control Act 
of 1986 (16 U.S.C. 559b-f), specifically designate certain specially 
trained officers and employees of the Forest Service, not

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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.
    (vi) 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.
    (vii) 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)-
(h), 205(a)-(d), 211, 317, 402(a)).
    (viii) Exercise the administrative appeal functions of the Secretary 
of Agriculture in review of decisions of the Chief of the Forest Service 
pursuant to 36 CFR parts 215 and 217 and 36 CFR part 251, subpart C.
    (ix) 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).
    (x) Use authorities and means available to disseminate the knowledge 
and technology developed from forestry research (16 U.S.C. 1645).
    (xi) Coordinate activities with other agencies in USDA, other 
Federal and State agencies, forestry schools, and private entities and 
individuals (16 U.S.C. 1643).
    (xii) Enter into contracts, grants, and cooperative agreements for 
the support of scientific research in forestry activities (7 U.S.C. 
427i(a), 1624; 16 U.S.C. 582a-8, 1643-1645, 1649).
    (xiii) 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).
    (xiv) 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).
    (xv) Enter into cost-reimbursable agreements relating to 
agricultural research, extension, or teaching activities (7 U.S.C. 
3319a).
    (xvi) 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).
    (xvii) Provide assistance to States and other units of government in 
forest

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resources planning and forestry rural revitalization (7 U.S.C. 6601, 
6611-6617; 16 U.S.C. 2107).
    (xviii) 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).
    (xix) Administer Rural Fire Protection and Control Programs (16 
U.S.C. 2106).
    (xx) 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).
    (xxi) Administer forest insect, disease, and other pest management 
programs (16 U.S.C. 2104).
    (xxii) 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. 1010-1012).
    (xxiii) 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), (2) and (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 
(33 U.S.C. 701b-1); 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)).
    (xxiv) 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).
    (xxv) 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; and consultation with the 
Department of Housing and Urban Development under the authority of 40 
U.S.C. 461(e).
    (xxvi) Coordinate mapping work of USDA including:
    (A) Clearing mapping projects to prevent duplication;
    (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.
    (xxvii) 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

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with national and international regulations and policies for radio 
frequency use; and
    (E) Representing USDA in all matters relating to responsibilities 
and authorities under the Federal Water Power Act, as amended (16 U.S.C. 
791-823).
    (xxviii) [Reserved]
    (xxix) Administer the Youth Conservation Corps Act (42 U.S.C. 
precede 2711 note) for USDA.
    (xxx) 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. 
2716-2717), 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.
    (xxxi) Administer the Volunteers in the National Forests Act of 1972 
(16 U.S.C. 558a-558d, 558a note).
    (xxxii) Exercise the functions of the Secretary of Agriculture 
authorized in the Alaska National Interest Lands Conservation Act (16 
U.S.C. 3101-3215).
    (xxxiii) Exercise the functions of the Secretary as authorized in 
the Wild and Scenic Rivers Act (16 U.S.C. 1271-1278).
    (xxxiv) 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. 147a, 148, 148a-148e); and 
the Talmadge Aiken Act (7 U.S.C. 450), 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.
    (xxxv) 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.).
    (xxxvi) Administer the Public Lands Corps program (16 U.S.C. 1721 et 
seq.) for USDA consistent with the Department's overall national service 
program.
    (xxxvii) Jointly administer the Forestry Incentives Program with the 
Natural Resources Conservation Service, in consultation with State 
Foresters, under section 4 of the Cooperative Forestry Assistance Act of 
1978 (16 U.S.C. 2103).
    (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).
    (3) Related to natural resources conservation. (i) Provide national 
leadership in the conservation, development and productive use of the 
Nation's soil, water, and related resources. Such leadership encompasses 
soil, water, plant, and wildlife conservation; small watershed 
protection and flood prevention; and resource conservation and 
development. Integrated in these programs are erosion control, sediment 
reduction, pollution abatement, land use planning, multiple use, 
improvement of water quality, and several surveying and monitoring 
activities related to environmental improvement. All are designed to 
assure:
    (A) Quality in the natural resource base for sustained use;
    (B) Quality in the environment to provide attractive, convenient, 
and satisfying places to live, work, and play; and
    (C) Quality in the standard of living based on community improvement 
and adequate income.
    (ii) Provide national leadership in and evaluate and coordinate land 
use policy, and administer the Farmland Protection Policy Act (7 U.S.C. 
4201 et seq.), including the Farms for the Future Program authorized by 
sections

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1465-1470 of the Food, Agriculture, Conservation, and Trade Act of 1990, 
as amended (7 U.S.C. 4201 note), except as otherwise delegated to the 
Under Secretary for Research, Education, and Economics in 
Sec. 2.21(a)(1)(lxii).
    (iii) Administer the basic program of soil and water conservation 
under Pub. L. No. 46, 74th Congress, as amended, and related laws (16 
U.S.C. 590 a-f, i-l, q, q-1; 42 U.S.C. 3271-3274; 7 U.S.C. 2201), 
including:
    (A) Technical and financial assistance to land users in carrying out 
locally adapted soil and water conservation programs primarily through 
soil and water conservation districts in the several States, the 
District of Columbia, the Commonwealth of Puerto Rico, and the 
Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the 
Virgin Islands, and Federally recognized Native American tribes, but 
also to communities, watershed groups, Federal and State agencies, and 
other cooperators. This authority includes such assistance as:
    (1) Comprehensive planning assistance in nonmetropolitan districts;
    (2) Assistance in the field of income-producing recreation on rural 
non-Federal lands;
    (3) Forestry assistance, as part of total technical assistance to 
private land owners and land users when such services are an integral 
part of land management and such services are not available from a State 
agency; and forestry services in connection with windbreaks and shelter 
belts to prevent wind and water erosion of lands;
    (4) Assistance in developing programs relating to natural beauty; 
and
    (5) Assistance to other USDA agencies in connection with the 
administration of their programs, as follows:
    (i) To the Farm Service Agency in the development and technical 
servicing of certain programs, such as the Agricultural Conservation 
Program and other such similar conservation programs;
    (ii) To the Rural Housing Service in connection with their loan and 
land disposition programs;
    (B) Soil Surveys, including:
    (1) Providing leadership for the Federal part of the National 
Cooperative Soil Survey which includes conducting and publishing soil 
surveys;
    (2) Conducting soil surveys for resource planning and development; 
and
    (3) Performing the cartographic services essential to carrying out 
the functions of the Natural Resources Conservation Service, including 
furnishing photographs, mosaics, and maps;
    (C) Conducting and coordinating snow surveys and making water supply 
forecasts pursuant to Reorganization Plan No. IV of 1940 (5 U.S.C. 
App.);
    (D) Operating plant materials centers for the assembly and testing 
of plant species in conservation programs, including the use, 
administration, and disposition of lands under the administration of the 
Natural Resources Conservation Service for such purposes under title III 
of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1011); and
    (E) Providing leadership in the inventorying and monitoring of soil, 
water, land, and related resources of the Nation.
    (iv) Administer the Watershed Protection and Flood Prevention 
Programs, including:
    (A) The eleven authorized watershed projects authorized under 33 
U.S.C. 702b-1;
    (B) The emergency flood control work under 33 U.S.C. 701b-1;
    (C) The Cooperative River Basin Surveys and Investigations Programs 
under 16 U.S.C. 1006;
    (D) The pilot watershed projects under 16 U.S.C. 590 a-f and 16 
U.S.C. 1001-1009;
    (E) The Watershed Protection and Flood Prevention Program under 16 
U.S.C. 1001-1009, except for responsibilities assigned to the Under 
Secretary for Rural Economic and Community Development;
    (F) The joint investigations and surveys with the Department of the 
Army under 16 U.S.C. 1009; and
    (G) The Emergency Conservation Program under sections 401-405 of the 
Agricultural Credit Act of 1978 (the Act), 16 U.S.C. 2201 et seq., 
except for the provisions of sections 401 and 402 of the Act, 16 U.S.C. 
2201-2202, as administered by the Under Secretary for Farm and Foreign 
Agricultural Services.

[[Page 137]]

    (v) Administer the Great Plains Conservation Program and the 
Critical Lands Resources Conservation Program under 16 U.S.C. 590p(b), 
590q and 590q-3.
    (vi) Administer the Resource Conservation and Development Program 
under 16 U.S.C. 590 a-f; 7 U.S.C. 1010-1011; and 16 U.S.C. 3451-3461, 
except for responsibilities assigned to the Under Secretary for Rural 
Economic and Community Development.
    (vii) Responsibility for entering into long-term contracts for 
carrying out conservation and environmental measures in watershed areas.
    (viii) Provide national leadership for and administer the Soil and 
Water Resources Conservation Act of 1977 (16 U.S.C. 2001 et seq.).
    (ix) Administer the Rural Clean Water Program and other 
responsibilities assigned under section 35 of the Clean Water Act of 
1977 (33 U.S.C. 1251 et seq.).
    (x) Monitor actions and progress of USDA in complying with Executive 
Order 11988, Flood Plain Management, 3 CFR, 1977 Comp., p. 117, and 
Executive Order 11990, Protection of Wetlands, 3 CFR, 1977 Comp., p. 
121, regarding management of floodplains and protection of wetlands; 
monitor USDA efforts on protection of important agricultural, forest and 
rangelands; and provide staff assistance to the USDA Natural Resources 
and Environment Committee.
    (xi) Administer the search and rescue operations authorized under 7 
U.S.C. 2273.
    (xxii) Administer section 202(c) of the Colorado River Basin 
Salinity Control Act, 43 U.S.C. 1592(c), including:
    (A) Identify salt source areas and determine the salt load resulting 
from irrigation and watershed management practices;
    (B) Conduct salinity control studies of irrigated salt source areas;
    (C) Provide technical and financial assistance in the implementation 
of salinity control projects including the development of salinity 
control plans, technical services for application, and certification of 
practice applications;
    (D) Develop plans for implementing measures that will reduce the 
salt load of the Colorado River;
    (E) Develop and implement long-term monitoring and evaluation plans 
to measure and report progress and accomplishments in achieving program 
objectives; and
    (F) Enter into and administer contracts with program participants 
and waive cost-sharing requirements when such cost-sharing requirements 
would result in a failure to proceed with needed on-farm measures.
    (xiii) Administer natural resources conservation authorities under 
title XII of the Food Security Act of 1985 (Act), as amended (16 U.S.C. 
3801 et seq.), including responsibilities for:
    (A) The conservation of highly erodible lands and wetlands pursuant 
to sections 1211-1223 of the Act (16 U.S.C. 3811-3823);
    (B) Technical assistance related to soil and water conservation 
technology for the implementation and administration of the Conservation 
Reserve Program authorized by sections 1231-1244 of the Act, as amended 
(16 U.S.C. 3831-3844);
    (C) The Environmental Easement Program authorized by sections 1239-
1239d of the Act (16 U.S.C. 3839-3839d);
    (D) The Agricultural Water Quality Improvement Program authorized by 
sections 1238-1238f of the Act, as amended (16 U.S.C. 3838-3838f); and
    (E) The Wetland Reserve Program and the Emergency Wetlands Reserve 
Program authorized by sections 1237-1237f of the Act, as amended (16 
U.S.C. 3837-3837f), and the Emergency Supplemental Appropriations for 
Relief From the Major, Widespread Flooding in the Midwest Act of 1993, 
Pub. L. No. 103-75.
    (xiv) Approve and transmit to the Congress comprehensive river basin 
reports.
    (xv) Provide representation on the Water Resources Council and river 
basin commissions created by 42 U.S.C. 1962, and on river basin 
interagency committees.
    (xvi) Jointly administer the Forestry Incentives Program with the 
Forest Service, in consultation with State Foresters, under section 4 of 
the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103).
    (xvii) Administer the Water Bank Program under the Water Bank Act 
(16 U.S.C. 1301 et seq.).

[[Page 138]]

    (xviii) Administer water quality activities under the Agriculture 
and Water Policy Coordination Act, subtitle G, title XIV of the Food, 
Agriculture, Conservation, and Trade Act of 1990, as amended (7 U.S.C. 
5501-5505).
    (xix) Administer the Rural Environmental Conservation Program 
authorized by sections 1001-1010 of the Agriculture Act of 1970, as 
amended (16 U.S.C. 1501-1510).
    (xx) Coordinate USDA input and assistance to the Department of 
Commerce and other Federal agencies consistent with section 307 of the 
Coastal Zone Management Act of 1972 (16 U.S.C. 1456), and coordinate 
USDA review of qualifying state and local government coastal management 
plans or programs prepared under such Act and submitted to the Secretary 
of Commerce, consistent with section 306(a) and (c) of such Act (16 
U.S.C. 1455(a) and (c)).
    (4) Related to committee management. Establish and reestablish 
regional, state, and local advisory committees for activities under his 
or her authority. This authority may not be redelegated.
    (5) Related to defense and emergency preparedness. Administer 
responsibilities and functions assigned under the Defense Production Act 
of 1950, as amended (50 U.S.C. App. 2061 et seq.) and title VI of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5195 et seq.), relating to agricultural land and water, forests 
and forest products, rural fire defense, and forestry research.
    (6) Related to surface mining control and reclamation. Administer 
responsibilities and functions assigned to the Secretary of Agriculture 
under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
1201 et seq.).
    (7) Related to environmental response. (i) 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, 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)).
    (ii) 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:
    (A) 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;
    (B) 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 orders; compliance with Federal health and safety standards 
and wage and labor standards applicable to covered work; and emergency 
procurement powers;
    (C) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with 
respect to the reduction of exposure to significant risk to human 
health;
    (D) 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;
    (E) 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;
    (F) 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;
    (G) 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;
    (H) 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;

[[Page 139]]

    (I) 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;
    (J) 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;
    (K) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to 
preliminary assessment and site inspection of facilities;
    (L) 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;
    (M) Section 119 of the Act (42 U.S.C. 9619), with respect to 
indemnifying response action contractors;
    (N) Section 121 of the Act (42 U.S.C. 9621), with respect to cleanup 
standards; and
    (O) 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)), relating to mixed funding agreements.
    (iii) 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.).
    (8) Related to compliance with environmental laws. With respect to 
facilities and activities under his or her authority, to exercise the 
authority of the Secretary of Agriculture pursuant to section 1-102 
related to compliance with applicable pollution control standards and 
section 1-601 of Executive Order 12088, 3 CFR, 1978 Comp., p. 243, to 
enter into an inter-agency agreement with the United States 
Environmental Protection Agency, or an administrative consent order or a 
consent judgment in an appropriate United States District Court with an 
appropriate State, interstate, or local agency, containing a plan and 
schedule to achieve and maintain compliance with applicable pollution 
control standards established pursuant to the following:
    (i) Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act, the Hazardous and Solid Waste Amendments, 
and the Federal Facility Compliance Act (42 U.S.C. 6901 et seq.);
    (ii) Federal Water Pollution Prevention and Control Act, as amended 
(33 U.S.C. 1251 et seq.);
    (iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.);
    (iv) Clean Air Act, as amended (42 U.S.C. 7401 et seq.);
    (v) Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq.);
    (vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601 et 
seq.);
    (vii) Federal Insecticide, Fungicide, and Rodenticide Act, as 
amended (7 U.S.C. 136 et seq.); and
    (viii) Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended by the Superfund Amendments and 
Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.).
    (9) Related to outreach and technical assistance to socially 
disadvantaged farmers and ranchers. Provide outreach and technical 
assistance to socially disadvantaged farmers and ranchers and make 
grants and enter into contracts and other agreements to provide such 
outreach and technical assistance under 7 U.S.C. 2279.
    (b) The following authorities are reserved to the Secretary of 
Agriculture:
    (1) Related to natural resource conservation. Designation of new 
project areas in which the resource conservation and development program 
assistance will be provided.
    (2) [Reserved]

[60 FR 56393, Nov. 8, 1995, as amended at 62 FR 1031, Jan. 8, 1997; 64 
FR 32797, June 18, 1999; 64 FR 34967, June 30, 1999; 65 FR 12428, Mar. 
9, 2000]

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

    (a) The following delegations of authority are made by the Secretary 
of Agriculture to the Under Secretary for Research, Education, and 
Economics.
    (1) Related to science and education. (i) Direct, coordinate and 
provide national leadership and support for research, extension and 
teaching programs in the

[[Page 140]]

food and agricultural sciences to meet major needs and challenges in 
development of new food and fiber; food and agriculture viability and 
competitiveness in the global economy; enhancing economic opportunities 
and quality of life for rural America; food and agricultural system 
productivity and development of new crops and new uses; the environment 
and natural resources; or the promotion of human health and welfare 
pursuant to the National Agricultural Research, Extension, and Teaching 
Policy of 1977, as amended (7 U.S.C. 3101 et seq.).
    (ii) Provide national leadership and support for research, 
extension, and teaching programs in the food and agricultural sciences 
to carry out sustainable agriculture research and education; a National 
Plant Genetic Resources Program; a national agricultural weather 
information system; research regarding the production, preparation, 
processing, handling, and storage of agricultural products; a Plant and 
Animal Pest and Disease Control Program; and any other provisions 
pursuant to title XVI of the Food, Agriculture, Conservation, and Trade 
Act of 1990 (Pub. L. No. 101-624, 104 Stat. 3703), except the provisions 
relating to the USDA Graduate School in section 1669 and the provisions 
relating to alternative agricultural research and commercialization 
under sections 1657-1664 (7 U.S.C. 5801 et seq.).
    (iii) Coordinate USDA policy and conduct programs 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).
    (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 (7 U.S.C. 178-178n).
    (v) Conduct research on the control of undesirable species of honey 
bees in cooperation with specific foreign governments (7 U.S.C. 284).
    (vi) Administer the appropriation for the endowment and maintenance 
of colleges for the benefit of agriculture and the mechanical arts (7 
U.S.C. 321-326a).
    (vii) Administer teaching funds authorized by section 22 of the 
Bankhead Jones Act, as amended (7 U.S.C. 329).
    (viii) Administer a Cooperative Agricultural Extension Program in 
accordance with the Smith-Lever Act, as amended (7 U.S.C. 341-349).
    (ix) Cooperate with the States for the purpose of encouraging and 
assisting them in carrying out research related to the problems of 
agriculture in its broadest aspects under the Hatch Act, as amended (7 
U.S.C. 361a-361i).
    (x) Evaluate, assess, and report to congressional agriculture 
committees on the merits of proposals for agricultural research 
facilities in the States; establish a task force on a 10-year strategic 
plan for agricultural research facilities; ensure that each research 
activity conducted by an Agricultural Research Service facility serves a 
national or multistate need; and review periodically each operating 
agricultural research facility constructed in whole or in part with 
Federal funds, pursuant to criteria established, to ensure that a 
comprehensive research capacity is maintained (7 U.S.C. 390 et seq.).
    (xi) Conduct research concerning domestic animals and poultry, their 
protection and use, the causes of contagious, infectious, and 
communicable diseases, and the means for the prevention and cure of the 
same (7 U.S.C. 391).
    (xii) Conduct research related to the dairy industry and to the 
dissemination of information for the promotion of the dairy industry (7 
U.S.C. 402).
    (xiii) Conduct research and demonstrations at Mandan, ND, related to 
dairy livestock breeding, growing, and feeding, and other problems 
pertaining to the establishment of the dairy and livestock industries (7 
U.S.C. 421-422).
    (xiv) Conduct research on new uses for cotton and on cotton ginning 
and processing (7 U.S.C. 423-424).
    (xv) Administer and conduct research into the basic problems of 
agriculture in its broadest aspects, including, but not limited to, 
production, marketing (other than statistical and economic research but 
including research related to family use of resources), distribution, 
processing, and utilization of

[[Page 141]]

plant and animal commodities; problems of human nutrition; development 
of markets for agricultural commodities; discovery, introduction, and 
breeding of new crops, plants, and animals, both foreign and native; 
conservation development; and development of efficient use of farm 
buildings, homes, and farm machinery except as otherwise delegated in 
Sec. 2.22(a)(1)(ii) and Sec. 2.79(a)(2) (7 U.S.C. 427, 1621-1627, 1629, 
2201, and 2204).
    (xvi) Conduct research on varietal improvement of wheat and feed 
grains to enhance their conservation and environmental qualities (7 
U.S.C. 428b).
    (xvii) [Reserved]
    (xviii) Enter into agreements with and receive funds from any State, 
other political subdivision, organization, or individual for the purpose 
of conducting cooperative research projects (7 U.S.C. 450a).
    (xix) Carry out a program (IR-4 Program) for the collection of 
residue and efficacy data in support of minor use pesticide registration 
or reregistration and to determine tolerances for minor use chemical 
residues in or on agricultural commodities (7 U.S.C. 450i).
    (xx) Administer and direct a program of competitive grants for 
research, and special grants for research, education, or extension, to 
State agricultural experiment stations, colleges and universities, other 
research institutions and organizations, Federal agencies, national 
laboratories (competitive grants only), private organizations or 
corporations, and individuals, and of facilities grants to State 
agricultural experiment stations and other designated colleges and 
universities, to promote research, extension, or education, in food, 
agriculture and related areas (7 U.S.C. 450i).
    (xxi)-(xxii) [Reserved]
    (xxiii) Conduct research related to soil and water conservation, 
engineering operations, and methods of cultivation to provide for the 
control and prevention of soil erosion (7 U.S.C. 1010 and 16 U.S.C. 
590a).
    (xxiv) Maintain four regional research laboratories and conduct 
research at such laboratories to develop new scientific, chemical, and 
technical uses and new and extended markets and outlets for farm 
commodities and products and the byproducts thereof (7 U.S.C. 1292).
    (xxv) Conduct a Special Cotton Research Program designed to reduce 
the cost of producing upland cotton in the United States (7 U.S.C. 1441 
note).
    (xxvi) Conduct a research and development program to formulate new 
uses for farm and forest products (7 U.S.C. 1632(b)).
    (xxvii) Conduct research to develop and determine methods for the 
humane slaughter of livestock (7 U.S.C. 1904).
    (xxviii) Administer a competitive grant program for non- profit 
institutions to establish and operate centers for rural technology or 
cooperative development (7 U.S.C. 1932(f)).
    (xxix) Administer a Nutrition Education Program for Food Stamp 
recipients and for the distribution of commodities on reservations (7 
U.S.C. 2020(f)).
    (xxx) Conduct education and extension programs and a pilot project 
related to nutrition education (7 U.S.C. 2027(a) and 5932).
    (xxxi) Provide for the dissemination of appropriate rural health and 
safety information resources possessed by the Rural Information Center, 
in cooperation with State educational program efforts. Promote 
coordinated and integrated rural community initiatives that advance and 
empower capacity building (7 U.S.C. 2662).
    (xxxii) Develop and maintain national and international library and 
information systems and networks and facilitate cooperation and 
coordination of the agricultural libraries of colleges, universities, 
USDA, and their closely allied information gathering and dissemination 
units in conjunction with private industry and other research libraries 
(7 U.S.C. 2201, 2204, 3125a, and 3126).
    (xxxiii) Accept gifts and order disbursements from the Treasury for 
carrying out of National Agricultural Library (NAL) functions (7 U.S.C. 
2264-2265).
    (xxxiv) Propagate bee-breeding stock and release bee germplasm to 
the public (7 U.S.C. 283).
    (xxxv) Administer, in cooperation with the States, a Cooperative 
Rural Development and Small Farm Research and Extension Program under

[[Page 142]]

the Rural Development Act of 1972, as amended (7 U.S.C. 2661-2667).
    (xxxvi) Administer a cooperative extension program under the Farmer-
to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3004).
    (xxxvii) Coordinate the development and carrying out by Department 
agencies of all matters and functions pertaining to agricultural 
research conducted or funded by the Department involving biotechnology, 
including the development and implementation of guidelines for oversight 
of research activities, acting as liaison on all matters and functions 
pertaining to agricultural research in biotechnology between agencies 
within the Department and between the Department and other governmental, 
educational, or private organizations and carrying out any other 
activities authorized by (7 U.S.C. 3121).
    (xxxviii) [Reserved]
    (xxxix) Establish and oversee the National Agricultural Research, 
Extension, Education, and Economics Advisory Board (7 U.S.C. 3123).
    (xl) Provide and distribute information and data about Federal, 
State, local, and other Rural Development Assistance Programs and 
services available to individuals and organizations. To the extent 
possible, NAL shall use telecommunications technology to disseminate 
such information to rural areas (7 U.S.C. 3125b).
    (xli) Assemble and collect food and nutrition educational material, 
including the results of nutrition research, training methods, 
procedures, and other materials related to the purposes of the National 
Agricultural Research, Extension, and Teaching Policy Act of 1977, as 
amended; maintain such information; and provide for the dissemination of 
such information and materials on a regular basis to State educational 
agencies and other interested parties (7 U.S.C. 3126).
    (xlii) Conduct programs related to composting research and extension 
(7 U.S.C. 3130).
    (xliii) Conduct a program of grants to States to expand, renovate, 
or improve schools of veterinary medicine (7 U.S.C. 3151).
    (xliv) Formulate and administer programs to strengthen secondary 
education and two-year post secondary teaching programs; promote 
linkages between secondary, two-year post secondary, and higher 
education programs in the food and agricultural sciences; administer 
grants to secondary education and two-year post secondary teaching 
programs, and to colleges and universities; maintain a national food and 
agricultural education information system (7 U.S.C. 3152).
    (xlv) Administer the National Food and Agricultural Sciences 
Teaching Awards Program for recognition of educators in the food and 
agricultural sciences (7 U.S.C. 3152).
    (xlvi) Administer the National Agricultural Science Award for 
research or advanced studies in the food and agricultural sciences (7 
U.S.C. 3153).
    (xlvii) Administer grants to colleges, universities, and Federal 
laboratories for research on the production and marketing of alcohols 
and industrial hydrocarbons from agricultural commodities and forest 
products (7 U.S.C. 3154).
    (xlviii) Administer a National Food and Human Nutrition Research and 
Extension Program. Establish and administer a Human Nutrition 
Intervention and Health Promotion Research Program (7 U.S.C. 3171-3175).
    (xlix) Administer and direct an Animal Health and Disease Research 
Program under the National Agricultural Research, Extension, and 
Teaching Policy Act of 1977, as amended (7 U.S.C. 3191-3201).
    (l) Support continuing agricultural and forestry extension and 
research, at 1890 land-grant colleges, including Tuskegee University, 
and administer a grant program for five National Research and Training 
Centers (7 U.S.C. 3221, 3222, 3222c, 3222d).
    (li) Administer grants to 1890 land-grant colleges, including 
Tuskegee University, through Federal-grant funds to help finance 
research facilities and equipment including agricultural libraries (7 
U.S.C. 3223).
    (lii) Establish and administer competitive grants (or grants without 
regard to any requirement for competition) to Hispanic-serving 
Institutions for the purpose of promoting and strengthening the ability 
of Hispanic-

[[Page 143]]

serving Institutions to carry out education, applied research, and 
related community development programs (7 U.S.C. 3241).
    (liii) Provide policy direction and coordinate the Department's work 
with national and international institutions and other persons 
throughout the world in the performance of agricultural research, 
extension, teaching, and development activities; administer a program of 
competitive grants for collaborative projects involving Federal 
scientists or scientists from colleges and universities working with 
scientists at international agricultural research centers in other 
nations focusing either on new technologies and programs for increasing 
the production of food and fiber or training scientists and a program of 
competitive grants to colleges and universities to strengthen United 
States economic competitiveness and to promote international market 
development; and provide a biennial report to the Committee on 
Agriculture of the House of Representatives and the Committee on 
Agriculture, Nutrition, and Forestry of the Senate on efforts of the 
Federal Government to coordinate international agricultural research 
within the Federal Government, and to more effectively link the 
activities of domestic and international agricultural researchers, 
particularly researchers of the Agricultural Research Service (7 U.S.C. 
3291, 3292b).
    (liv) Provide for an agricultural research and development program 
with the United States/Mexico Foundation for Science (7 U.S.C. 3292a).
    (lvi) Enter into contracts, grants, or cooperative agreements to 
further research, extension, or teaching programs in the food and 
agriculture sciences (7 U.S.C. 3318).
    (lvii) Enter into cost-reimbursable agreements with State 
cooperative institutions or other colleges and universities for the 
acquisition of goods or services in support of research, extension, or 
teaching activities in the food and agricultural sciences, including the 
furtherance of library and related information programs (7 U.S.C. 
3319a).
    (lviii) Conduct research and development and implement a program for 
the development of supplemental and alternative crops (7 U.S.C. 3319d).
    (lix) Administer an Aquaculture Assistance Program, involving 
centers, by making grants to eligible institutions for research and 
extension to facilitate or expand production and marketing of 
aquacultural food species and products; making grants to States to 
formulate Aquaculture development plans for the production and marketing 
of aquacultural species and products; and conducting a program of 
research, extension and demonstration at aquacultural demonstration 
centers (7 U.S.C. 3321-22).
    (lx) Administer a Cooperative Rangeland Research Program (7 U.S.C. 
3331-3336).
    (lxi) Conduct a program of basic research on cancer in animals and 
birds (7 U.S.C. 3902).
    (lxii) Design and implement educational programs and distribute 
materials in cooperation with the cooperative extension services of the 
States emphasizing the importance of productive farmland, and designate 
a farmland information center, pursuant to section 1544 of the Farmland 
Protection Policy Act (7 U.S.C. 4205).
    (lxiii) Conduct programs of education, extension, and research 
related to water quality, agrichemicals and nutrient management (7 
U.S.C. 5503-5506).
    (lxiv) Administer programs and conduct projects for research, 
extension, and education on sustainable agriculture (7 U.S.C. 5811-
5813).
    (lxv) Conduct research and cooperative extension programs to 
optimize crop and livestock production potential, integrated resource 
management, and integrated crop management (7 U.S.C. 5821).
    (lxvi) Design, implement, and develop handbooks, technical guides, 
and other educational materials emphasizing sustainable agriculture 
production systems and practices (7 U.S.C. 5831).
    (lxvii) Administer a competitive grant program to organizations to 
carry out a training program on sustainable agriculture (7 U.S.C. 5832).
    (lxviii) Administer a national research program on genetic resources 
to provide for the collection, preservation, and dissemination of 
genetic material important to American food and

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agriculture production (7 U.S.C. 5841-5844).
    (lxix) Conduct remote-sensing and other weather-related research (7 
U.S.C. 5852).
    (lxx) Establish an Agricultural Weather Office and administer a 
national agricultural weather information system, including a 
competitive grants program for research in atmospheric sciences and 
climatology (7 U.S.C. 5852-5853).
    (lxxi) Administer a research and extension grant program to States 
to administer programs for State agricultural weather information 
systems (7 U.S.C. 5854).
    (lxxii) Administer grants and conduct research programs to measure 
microbiological and chemical agents associated with the production, 
preparation, processing, handling, and storage of agricultural products 
(7 U.S.C. 5871-5874).
    (lxxiii) Administer and conduct research and extension programs on 
integrated pest management, including research to benefit floriculture 
(7 U.S.C. 5881).
    (lxxiv) Establish a National Pesticide Resistance Monitoring Program 
and disseminate information on materials and methods of pest and disease 
control available to agricultural producers through the pest and disease 
control database (7 U.S.C. 5882).
    (lxxv) Administer and conduct research and grant programs on the 
control and eradication of exotic pests (7 U.S.C. 5883).
    (lxxvi) Conduct research and educational programs to study the 
biology and behavior of chinch bugs (7 U.S.C. 5884).
    (lxxvii) Administer research programs and grants for risk assessment 
research to address concerns about the environmental effects of 
biotechnology (7 U.S.C. 5921).
    (lxxviii) [Reserved]
    (lxxix) Conduct a research initiative known as the Agricultural 
Genome Initiative, and make grants or enter into cooperative agreements 
on a competitive basis to carry out the Initiative (7 U.S.C. 5924).
    (lxxx) Administer a competitive high priority research and extension 
grants program in specified subject areas (7 U.S.C. 5925).
    (lxxxi) Administer a program of competitive grants to support 
research and extension activities in Nutrient Management Research and 
Extension (7 U.S.C. 5925a).
    (lxxxii)-(lxxxvi) [Reserved]
    (lxxxvii) Administer competitive grants to support research and 
extension activities regarding organically grown and processed 
agricultural commodities (7 U.S.C. 5925b).
    (lxxxviii) Establish and administer a program for the development 
and utilization of an agricultural communications network (7 U.S.C. 
5926).
    (lxxxix) [Reserved]
    (xc) [Reserved]
    (xci) Administer education programs on Indian reservations and 
tribal jurisdictions (7 U.S.C. 5930).
    (xcii) [Reserved]
    (xciii) Administer a demonstration grants program for support of an 
assistive technology program for farmers with disabilities (7 U.S.C. 
5933).
    (xciv) Conduct research on diseases affecting honeybees (7 U.S.C. 
5934).
    (xcv) Control within USDA the acquisition, use, and disposal of 
material and equipment that may be a source of ionizing radiation 
hazard.
    (xcvi) Conduct programs of research, technology development, and 
education related to global climate change (7 U.S.C. 6701-6710).
    (xcvii) Administer the Small Business Innovation Development Act of 
1982 for USDA (15 U.S.C. 638(e)-(k)).
    (xcviii) Coordinate Departmental policies under the Toxic Substance 
Control Act (15 U.S.C. 2601-2629).
    (xcix) Provide educational and technical assistance in implementing 
and administering the Conservation Reserve Program authorized in 
sections 1231-1244 of the Food Security Act of 1985 (Pub. L. No. 99-198, 
99 Stat. 1509 (16 U.S.C. 3831-3844)).
    (c) 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).
    (ci) Coordinate USDA activities delegated under 15 U.S.C. 3710a-
3710c.

[[Page 145]]

    (cii) Conduct educational and demonstrational work in Cooperative 
Farm Forestry Programs (16 U.S.C. 568).
    (ciii) Cooperate with the States for the purposes of encouraging and 
assisting them in carrying out programs of forestry, natural resources, 
and environmental research (16 U.S.C. 582a-8).
    (civ) Establish and administer the Forestry Student Grant Program to 
provide competitive grants to assist the expansion of the professional 
education of forestry, natural resources, and environmental scientists 
(16 U.S.C. 1649).
    (cv) Provide for an expanded and comprehensive extension program for 
forest and rangeland renewable resources (16 U.S.C. 1671-1676).
    (cvi) Provide technical, financial, and educational assistance to 
State foresters and State extension directors on rural forestry 
assistance (16 U.S.C. 2102).
    (cvii) Provide educational assistance to State foresters under the 
Forest Stewardship Program (16 U.S.C. 2103a).
    (cviii) Implement and conduct an educational program to assist the 
development of Urban and Community Forestry Programs (16 U.S.C. 2105).
    (cix) Provide staff support to the Secretary of Agriculture in his 
or her role as permanent Chair for the Joint Subcommittee on Aquaculture 
established by the National Aquaculture Act of 1980 and coordinate 
aquacultural activities within the Department (16 U.S.C. 2805).
    (cx) Perform research, development, and extension activities in 
aquaculture (16 U.S.C. 2804 and 2806).
    (cxi) Provide educational assistance to farmers regarding the 
Agricultural Water Quality Protection Program (16 U.S.C. 3838b).
    (cxii) Copy and deliver on demand selected articles and other 
materials from the Department's collections by photographic reproduction 
or other means within the permissions, constraints, and limitations of 
sections 106, 107, and 108 of the Copyright Act of October 19, 1976, (17 
U.S.C. 106, 107, and 108).
    (cxiii) Authorize the use of the 4-H Club name and emblem (18 U.S.C. 
707).
    (cxiv) Maintain a National Arboretum for the purposes of research 
and education concerning tree and plant life, and order disbursements 
from the Treasury, in accordance with the Act of March 4, 1927 (20 
U.S.C. 191 et seq.).
    (cxv) Conduct research on foot-and-mouth disease and other animal 
diseases (21 U.S.C. 113a).
    (cxvi) Conduct research on the control and eradication of cattle 
grubs (screwworms) (21 U.S.C. 114e).
    (cxvii) Obtain and furnish Federal excess property to eligible 
recipients for use in the conduct of research and extension programs (40 
U.S.C. 483(d)(2)).
    (cxviii) Conduct research demonstration and promotion activities 
related to farm dwellings and other buildings for the purposes of 
reducing costs and adapting and developing fixtures and appurtenances 
for more efficient and economical farm use (42 U.S.C. 1476(b)).
    (cxix) Carry out research, demonstration, and educational activities 
authorized in section 202(c) of the Colorado River Basin Salinity 
Control Act (43 U.S.C. 1592(c)).
    (cxx) Conduct research on losses of livestock in interstate commerce 
due to injury or disease (45 U.S.C. 71 note).
    (cxxi) Administer a Cooperative Agricultural Extension Program 
related to agriculture, uses of solar energy with respect to 
agriculture, and home economics in the District of Columbia (D.C. Code 
31-1409).
    (cxxii) Provide leadership and direct assistance in planning, 
conducting and evaluating extension programs under a memorandum of 
agreement with the Bureau of Indian Affairs dated May 1956.
    (cxxiii) Exercise the responsibilities of the Secretary under 
regulations dealing with Equal Employment Opportunity in the Cooperative 
Extension Service (part 18 of this title).
    (cxxiv) Represent the Department on the Federal Interagency Council 
on Education.
    (cxxv) Assure the acquisition, preservation, and accessibility of 
all information concerning food and agriculture by providing leadership 
to and coordination of the acquisition programs and related activities 
of the library and information systems, with the agencies of USDA, other 
Federal departments

[[Page 146]]

and agencies, State agricultural experiment stations, colleges and 
universities, and other research institutions and organizations.
    (cxxvi) Formulate, write, or prescribe bibliographic and technically 
related standards for the library and information services of USDA (7 
U.S.C. 3125a et seq.).
    (cxxvii) Determine by survey or other appropriate means, the 
information needs of the Department's scientific, professional, 
technical, and administrative staffs, its constituencies, and the 
general public in the areas of food, agriculture, the environment, and 
other related areas.
    (cxxviii) Represent the Department on all library and information 
science matters before Congressional Committees and appropriate 
commissions, and provide representation to the coordinating committees 
of the Federal and State governments concerned with library and 
information science activities.
    (cxxix) Represent the Department in international organizational 
activities and on international technical committees concerned with 
agricultural science, education, and development activities, including 
library and information science activities.
    (cxxx) Prepare and disseminate computer files, indexes and 
abstracts, bibliographies, reviews, and other analytical information 
tools.
    (cxxxi) Arrange for the consolidated purchasing and dissemination of 
printed and automated indexes, abstracts, journals, and other widely 
used information resources and services.
    (cxxxii) Provide assistance and support to professional 
organizations and others concerned with library and information science 
matters and issues.
    (cxxxiii) Pursuant to the authority delegated by the Administrator 
of General Services to the Secretary of Agriculture in 34 FR 6406, 36 FR 
1293, 36 FR 18440, and 38 FR 23838, appoint uniformed armed guards and 
special policemen, make all needful rules and regulations, and annex to 
such rules and regulations such reasonable penalties (not to exceed 
those prescribed in 40 U.S.C. 318(c), as will ensure their enforcement, 
for the protection of persons, property, buildings, and grounds of the 
Arboretum, Washington, DC; the U.S. Meat Animal Research Center, Clay 
Center, NE; the Agricultural Research Center, Beltsville, MD; and the 
Animal Disease Center, Plum Island, NY, over which the United States has 
exclusive or concurrent criminal jurisdiction, in accordance with the 
limitations and requirements of the Federal Property and Administrative 
Services Act of 1949, as amended (40 U.S.C. 471 et seq.), the Act of 
June 1, 1948, as amended (40 U.S.C. 318 et seq.), and the policies, 
procedures, and controls prescribed by the General Services 
Administration. Any rules or regulations promulgated under this 
authority shall be approved by the Director, Office of Operations, and 
the General Counsel prior to issuance.
    (cxxxiv) Represent the Department on the National Science and 
Technology Council.
    (cxxxv) Administer the Department's Patent Program except as 
delegated to the General Counsel in Sec. 2.31(e).
    (cxxxvi) Review cooperative research and development agreements 
entered into pursuant to 15 U.S.C. 3710a-3710c, with authority to 
disapprove or require the modification of any such agreement.
    (cxxxvii) Establish and administer a 1994 Institutions Endowment 
Fund and to enter into agreements necessary to do this (Section 533(b) 
and (c) of the Equity in Educational Land-Grant Status Act of 1994, 7 
U.S.C. 301 note).
    (cxxxviii) Make grants in equal amounts to 1994 Land-Grant 
Institutions to be used in the same manner as is prescribed for colleges 
under the Act of August 30, 1890 (7 U.S.C. 321 et seq.), and subject to 
the requirements of such Act (Section 534(a) of the Equity in 
Educational Land-Grant Status Act of 1994, 7 U.S.C. 301 note).
    (cxxxix) Make competitive Institutional Capacity Building Grants to 
assist 1994 Land-Grant Institutions with constructing, acquiring, and 
remodeling buildings, laboratories, and other capital facilities 
(including fixtures and equipment) necessary to conduct instructional 
activities more effectively in agriculture and sciences (Section 535 of 
the Equity in Educational Land-Grant Status Act of 1994, 7 U.S.C. 301 
note).

[[Page 147]]

    (cxl) Make competitive grants to 1994 Land-Grant Institutions to 
conduct agricultural research that addresses high priority concerns of 
tribal, national, or multistate significance (Section 536 of the Equity 
in Educational Land-Grant Status Act of 1994, 7 U.S.C. 301 note).
    (cxli) Implement and administer the Community Food Projects Program 
pursuant to the provisions of section 25 of the Food Stamp Act of 1977 
(7 U.S.C. 2034).
    (cxlii) Receive, accept, and administer funds for the purpose of 
awarding research, extension, and education competitive grants pursuant 
to the Fund for Rural America (7 U.S.C. 2204f).
    (cxliii) Coordinate the Department of Agriculture summer intern 
program pursuant to section 922 of the Federal Agriculture Improvement 
and Reform Act (7 U.S.C. 2279c).
    (cxliv) Develop and carry out a system to monitor and evaluate 
agricultural research and extension activities conducted or supported by 
the Department that will enable the Secretary to measure the impact and 
effectiveness of research, extension, and education programs according 
to priorities, goals, and mandates established by law. Conduct a 
comprehensive review of state-of-the-art information technology systems 
for use in developing the system (7 U.S.C. 3129).
    (cxlv) Make grants, competitive grants, and special research grants 
to, and enter into cooperative agreements and other contracting 
instruments with, policy research centers (7 U.S.C. 3155).
    (cxlvi) Conduct a pilot research program to link major cancer and 
heart and other circulatory disease research efforts with agricultural 
research efforts to identify compounds in vegetables and fruits that 
prevent these diseases (7 U.S.C. 3174a).
    (cxlvii) Administer grants to 1890 land-grant colleges, including 
Tuskegee University, through Federal-grant funds to help finance and 
upgrade agricultural and food science facilities which are used for 
research, extension, and resident instruction (7 U.S.C. 3222b).
    (cxlviii) Administer the Stuttgart National Aquaculture Research 
Center (16 U.S.C. 778 et seq.; Pub. L. 104-127, sec. 889).
    (cxlix) Provide technical and educational assistance to conserve and 
enhance private grazing land resources (16 U.S.C. 2005b).
    (cl) Provide technical assistance to farmers and ranchers under the 
Environmental Quality Incentives Program (16 U.S.C. 3830 et seq.).
    (cli) Ensure that agricultural research conducted by the 
Agricultural Research Service, and agricultural research, extension, or 
education activities administered by the Cooperative State Research, 
Education, and Extension Service on a competitive basis address a 
concern that is a priority and has national, multistate, or regional 
significance (7 U.S.C. 7611).
    (clii) Solicit and consider input and recommendations from persons 
who conduct or use agricultural research, extension, or education and, 
after consultation with appropriate subcabinet officials, establish 
priorities for agricultural research, extension, and education 
activities conducted or funded by the Department; promulgate regulations 
concerning implementation of a process for obtaining stakeholder input 
at 1862, 1890, and 1994 Institutions; and ensure that federally 
supported and conducted agricultural research, extension, and education 
activities are accomplished in accord with identified management 
principles (7 U.S.C. 7612).
    (cliii) Establish procedures that provide for scientific peer review 
of each agricultural research grant administered on a competitive basis, 
and for merit review of each agricultural extension or education grant 
administered, on a competitive basis, by the Cooperative State Research, 
Education, and Extension Service (7 U.S.C. 7613(a)).
    (cliv) Consider the results of the annual review performed by the 
Agricultural Research, Extension, Education, and Economics Advisory 
Board regarding the relevance to priorities of the funding of all 
agricultural research, extension, or education activities conducted or 
funded by the Department and the adequacy of funding, when formulating 
each request for proposals, and evaluating proposals, involving an 
agricultural research, extension, or

[[Page 148]]

education activity funded, on a competitive basis, by the Department; 
and solicit and consider input from persons who conduct or use 
agricultural research, extension, or education regarding the prior 
year's request for proposals for each activity funded on a competitive 
basis (7 U.S.C. 7613(c)).
    (clv) Establish, in consultation with appropriate subcabinet 
officials, procedures to ensure scientific peer review of all research 
activities conducted by the Department (7 U.S.C. 7613(d)).
    (clvi) Require a procedure to be established by each 1862, 1890, and 
1994 Institution, for merit review of each agricultural research and 
extension activity funded and review of the activity in accordance with 
the procedure (7 U.S.C. 7613(e)).
    (clvii) Administer an Initiative for Future Agriculture and Food 
Systems (except with respect to funds provided by the Secretary to the 
Alternative Agricultural Research and Commercialization Corporation) (7 
U.S.C. 7621).
    (clviii) Administer a program of competitive grants to eligible 
partnerships to coordinate and manage research and extension activities 
to enhance the quality of high-value agricultural products (7 U.S.C. 
7622).
    (clix) Administer a program of competitive grants to eligible 
entities to conduct research, education, or information dissemination 
projects for the development and advancement of precision agriculture (7 
U.S.C. 7623).
    (clx) Coordinate the resources of the Department to develop, 
commercialize, and promote the use of biobased products, and enter into 
cooperative agreements with private entities to operate pilot plants and 
other large-scale preparation facilities under which the facilities and 
technical expertise of the Agricultural Research Service may be made 
available (7 U.S.C. 7624).
    (clxi) Administer the Thomas Jefferson Initiative for Crop 
Diversification program of competitive grants and contracts for the 
purpose of conducting research and development, in cooperation with 
other public and private entities, on the production and marketing of 
new and nontraditional crops needed to strengthen and diversify the 
agricultural production base of the United States (7 U.S.C. 7625).
    (clxii) Administer competitive grants for integrated, 
multifunctional agricultural research, education, and extension 
activities (7 U.S.C. 7626).
    (clxiii) Administer a coordinated program of research, extension, 
and education to improve the competitiveness, viability, and 
sustainability of small and medium size dairy, livestock, and poultry 
operations (7 U.S.C. 7627).
    (clxiv) Administer a grant to a consortium of land-grant colleges 
and universities to enhance the ability of the consortium to carry out a 
multi-State research project aimed at understanding and combating 
diseases of wheat and barley caused by Fusarium graminearum and related 
fungi (7 U.S.C. 7628).
    (clxv) Operate and administer the Food Animal Residue Avoidance 
Database through contracts, grants, or cooperative agreements with 
appropriate colleges or universities (7 U.S.C. 7642).
    (clxvi) Update on a periodic basis, nutrient composition data and 
report to Congress the method that will be used to update the data and 
the timing of the update (7 U.S.C. 7651).
    (clxvii) Establish and maintain a Food Safety Research Information 
Office at the National Agricultural Library to provide to the research 
community and the general public information on publicly and privately 
funded food safety research initiatives (7 U.S.C. 7654(a)).
    (clxviii) Develop a national program of safe food handling education 
for adults and young people to reduce the risk of food-borne illness (7 
U.S.C. 7655).
    (clxix) Conduct a performance evaluation to determine whether 
federally funded agricultural research, extension, and education 
programs result in public goods that have national or multistate 
significance, including through a contract with one or more entities to 
provide input and recommendations with respect to federally funded 
agricultural research, extension, and education programs (7 U.S.C. 
7671).
    (clxx) Request the National Academy of Sciences to conduct a study 
of the role and mission of federally funded agricultural research, 
extension, and education (7 U.S.C. 7672).

[[Page 149]]

    (clxxi) Take a census of agriculture in 1998 and every fifth year 
thereafter pursuant to the Census of Agriculture Act of 1997, Pub. L. 
No. 105-113 (7 U.S.C. 2204g).
    (2) Related to committee management. Establish or reestablish 
regional, state and local advisory committees for the activities 
authorized. This authority may not be redelegated.
    (3) Related to defense and emergency preparedness. Administer the 
responsibilities and functions assigned under the Defense Production Act 
of 1950, as amended (50 U.S.C. App. 2061 et seq.), and title VI of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5195 et seq.), concerning scientific and educational programs; 
estimates of supplies of agricultural commodities and evaluation of 
requirements therefor; coordination of damage assessment; food and 
agricultural aspects of economic stabilization, economic research, and 
agricultural statistics; and the coordination of energy programs.
    (4) Related to rural development activities. Provide guidance and 
direction for the accomplishment of activities authorized under Section 
V of the Rural Development Act of 1972, as amended (7 U.S.C. 2661 et 
seq.), for programs under the control of the Under Secretary for 
Research, Education, and Economics, coordinating the policy aspects 
thereof with the Under Secretary for Rural Development.
    (5) Related to environmental response. 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, 
under the following provisions of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (``the Act''), as 
amended:
    (i) Sections 104 (a), (b), and (c)(4) of the Act (42 U.S.C. 9604 
(a), (b), and (c)(4)), with respect to removal and remedial actions in 
the event of release or threatened release of a hazardous substance, 
pollutant, or contaminant into the environment;
    (ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with 
respect to information gathering and access requests and orders; 
compliance with Federal health and safety standards and wage and labor 
standards applicable to covered work; and emergency procurement powers;
    (iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with 
respect to the reduction of exposure to significant risk to human 
health;
    (iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to 
the acquisition of real property and interests in real property required 
to conduct a remedial action;
    (v) The first two sentences of section 105(d) of the Act (42 U.S.C. 
9605(d)), with respect to petitions for preliminary assessment of a 
release or threatened release;
    (vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to 
consideration of the availability of qualified minority firms in 
awarding contracts, but excluding that portion of section 105(f) 
pertaining to the annual report to Congress;
    (vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the 
assessment of civil penalties for violations of section 122 of the Act 
(42 U.S.C. 9622), and the granting of awards to individuals providing 
information;
    (viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect 
to the designation of officials who may obligate money in the Hazardous 
Substances Superfund;
    (ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to 
establishing an administrative record upon which to base the selection 
of a response action and identifying and notifying potentially 
responsible parties;
    (x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to 
preliminary assessment and site inspection of facilities;
    (xi) Sections 117 (a) and (c) of the Act (42 U.S.C. 9617 (a) and 
(c)), with respect to public participation in the preparation of any 
plan for remedial action and explanation of variances from the final 
remedial action plan for any remedial action or enforcement action, 
including any settlement or consent decree entered into;
    (xii) Section 119 of the Act (42 U.S.C. 9119), with respect to 
indemnifying response action contractors;

[[Page 150]]

    (xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to 
cleanup standards; and
    (xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to 
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C. 
9622(b)(1)), related to mixed funding agreements.
    (6) Related to compliance with environmental laws. 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 State, interstate, or local agency, 
containing a plan and schedule to achieve and maintain compliance with 
applicable pollution control standards established pursuant to the 
following:
    (i) Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act, as further amended by the Hazardous and 
Solid Waste Amendments, and the Federal Facility Compliance Act (42 
U.S.C. 6901 et seq.);
    (ii) Federal Water Pollution Prevention and Control Act, as amended 
(33 U.S.C. 1251 et seq.);
    (iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.);
    (iv) Clean Air Act, as amended (42 U.S.C. 7401 et seq.);
    (v) Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq.);
    (vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601 et 
seq.);
    (vii) Federal Insecticide, Fungicide, and Rodenticide Act, as 
amended (7 U.S.C. 136 et seq.); and
    (viii) Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended by the Superfund Amendments and 
Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.).
    (7) Related to national food and human nutrition research. (i) 
Administer a National Food and Human Nutrition Research Program under 
the National Agricultural Research, Extension, and Teaching Policy Act 
of 1977, as amended. As used herein the term ``research'' includes:
    (A) Research on the nutrient composition of foods and the effects of 
agricultural practices, handling, food processing, and cooking on the 
nutrients they contain;
    (B) Surveillance of the nutritional benefits provided to 
participants in the food programs administered by the Department; and
    (C) Research on the factors affecting food preference and habits (7 
U.S.C. 3171-3175, 3177).
    (ii) The authority in paragraph (a)(7)(i) of this section includes 
the authority to:
    (A) Appraise the nutritive content of the U.S. food supply;
    (B) Develop and make available data on the nutrient composition of 
foods needed by Federal, State, and local agencies administering food 
and nutrition programs, and the general public, to improve the 
nutritional quality of diets;
    (C) Coordinate nutrition education research projects within the 
Department; and
    (D) Maintain data generated on food composition in a National 
Nutrient Data Bank.
    (iii) Conduct, in cooperation with the Department of Health and 
Human Services, the National Nutrition Monitoring and Related Research 
Program. Included in this delegation is the authority to:
    (A) Design and carry out periodic nationwide food consumption 
surveys to measure household food consumption;
    (B) Design and carry out a continuous, longitudinal individual 
intake survey of the United States population and special high-risk 
groups; and
    (C) Design and carry out methodological research studies to develop 
improved procedures for collecting household and individual food intake 
consumption data;
    (iv) [Reserved]
    (v) Co-chair with the Assistant Secretary for Health, Department of 
Health and Human Services, the Interagency Board for Nutrition 
Monitoring and Related Research for the development and coordination of 
a Ten-Year Comprehensive Plan as required by Pub. L. No. 101-445, 7 
U.S.C. 5301 et seq.

[[Page 151]]

    (8) Related to economic research and statistical reporting. (i) 
Conduct economic research on matters of importance to cooperatives as 
authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-
1627).
    (ii) Conduct economic and social science research and analyses 
relating to:
    (A) food and agriculture situation and outlook;
    (B) the production, marketing, and distribution of food and fiber 
products (excluding forest and forest products), including studies of 
the performance of the food and agricultural sector of the economy in 
meeting needs and wants of consumers;
    (C) basic and long-range, worldwide, economic analyses and research 
on supply, demand, and trade in food and fiber products and the effects 
on the U.S. food and agriculture system, including general economic 
analyses of the international financial and monetary aspects of 
agricultural affairs;
    (D) natural resources, including studies of the use and management 
of land and water resources, the quality of these resources, resource 
institutions, and watershed and river basin development problems; and
    (E) rural people and communities, as authorized by title II of the 
Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1621-1627), and 
the Act of June 29, 1935, as amended (7 U.S.C. 427).
    (iii) Perform economic and other social science research under 
section 104(b)(1) and (3) of the Agricultural Trade Development and 
Assistance Act of 1954, as amended, with funds administered by the 
Foreign Agricultural Service (7 U.S.C. 1704).
    (iv) Prepare crop and livestock estimates and administer reporting 
programs, including estimates of production, supply, price, and other 
aspects of the U.S. agricultural economy, collection of statistics, 
conduct of enumerative and objective measurement surveys, construction 
and maintenance of sampling frames, and related activities. Prepare 
reports of the Agricultural Statistics Board covering official state and 
national estimates (7 U.S.C. 476, 951, and 2204).
    (v) Take such security precautions as are necessary to prevent 
disclosure of crop or livestock report information prior to the 
scheduled issuance time approved in advance by the Secretary of 
Agriculture and take such actions as are necessary to avoid disclosure 
of confidential data or information supplied by any person, firm, 
partnership, corporation, or association (18 U.S.C. 1902, 1903, and 
2072).
    (vi) Improve statistics in the Department; maintain liaison with OMB 
and other Federal agencies for coordination of statistical methods and 
techniques.
    (vii) Investigate and make findings as to the effect upon the 
production of food and upon the agricultural economy of any proposed 
action pending before the Administrator of the Environmental Protection 
Agency for presentation in the public interest, before said 
Administrator, other agencies, or before the courts.
    (viii) Review economic data and analyses used in speeches by 
Department personnel and in materials prepared for release through the 
press, radio, and television.
    (ix) Coordinate all economic analysis and review all decisions 
involving substantial economic policy implications.
    (x) Cooperate and work with national and international institutions 
and other persons throughout the world in the performance of 
agricultural research and extension activities to promote and support 
the development of a viable and sustainable global and agricultural 
system. Such work may be carried out by:
    (A) Exchanging research materials and results with the institutions 
or persons;
    (B) Engaging in joint or coordinated research;
    (C) Entering into cooperative arrangements with Departments and 
Ministries of Agriculture in other nations to conduct research, 
extension; and education activities (limited to arrangements either 
involving no exchange of funds or involving disbursements by the agency 
to the institutions of other nations), and then reporting these 
arrangements to the Secretary of Agriculture;
    (D) Stationing representatives at such institutions or organizations 
in foreign countries; or

[[Page 152]]

    (E) Entering into agreements with land-grant colleges and 
universities, other organizations, institutions, or individuals with 
comparable goals, and with the concurrence of the Foreign Agricultural 
Service, USDA, international organizations (limited to agreements either 
involving no exchange of funds or involving disbursements by the agency 
to the cooperator), and then reporting these agreements to the Secretary 
of Agriculture (7 U.S.C. 3291(a)).
    (xi) Prepare for transmittal by the Secretary to the President and 
both Houses of Congress, an analytical report under section 5 of the 
Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3504) 
concerning the effect on family farms and rural communities of holdings, 
acquisitions, and transfers of U.S. agricultural land by foreign 
persons.
    (xii) Enter into contracts, grants, or cooperative agreements to 
further research and statistical reporting programs in the food and 
agricultural sciences (7 U.S.C. 3318).
    (xiii) Enter into cost-reimbursable agreements relating to 
agricultural research and statistical reporting (7 U.S.C. 3319a).
    (9) Related to immigration. Serve as the designee of the Secretary 
pursuant to section 212(e) of the Immigration and Nationality Act, as 
amended, 8 U.S.C. 1182(e) and 22 CFR 514.44(c)).
    (10) Related to hazardous materials management. (i) Serve on the 
USDA Hazardous Materials Policy Council.
    (ii) Recommend actions and policies that enable USDA agencies under 
his or her authority to comply with the intent, purposes, and standards 
of environmental laws for pollution prevention, control, and abatement.
    (iii) Consult with the United States Environmental Protection Agency 
and other appropriate Federal agencies in developing pollution 
prevention, control, and abatement policies and programs relating to 
agencies under his or her authority.
    (iv) Serve as a USDA Environmental Executive responsible for 
coordinating waste prevention; recycling; and the procurement, 
acquisition, and use of recycled products and environmentally preferable 
products, including biobased products, and services pursuant to 
Executive Order 13101 (dual assignment with the Assistant Secretary for 
Administration).
    (b) The following authorities are reserved to the Secretary of 
Agriculture:
    (1) Related to science and education. (i) Withhold funds from States 
in accordance with section 1436 of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977, as amended (7 U.S.C. 3198).
    (ii) Reapportion funds under section 4 and apportion funds under 
section 5 of the Act of October 10, 1962 (16 U.S.C. 582a-3, 582a-5).
    (iii) Appoint an advisory committee under section 6 of the Act of 
October 10, 1962 (16 U.S.C. 582a-4).
    (iv) Final concurrence in Equal Employment Opportunity Programs 
within the cooperative extension programs submitted under part 18 of 
this title.
    (v) Approve selection of State directors of extension.
    (vi) Approve the memoranda of understanding between the land-grant 
universities and USDA related to cooperative extension programs.
    (2) Related to economic research and statistical reporting. (i) 
Final approval and issuance of the monthly crop report (7 U.S.C. 411a).
    (ii) Final action on rules and regulations for the Agricultural 
Statistics Board.

[60 FR 56393, Nov. 8, 1995, as amended at 62 FR 65593, Dec. 15, 1997; 64 
FR 40735, July 28, 1999; 65 FR 5414, Feb. 4, 2000; 65 FR 12428, Mar. 9, 
2000; 65 FR 31245, May 17, 2000]

Sec. 2.22  Assistant Secretary for Marketing and Regulatory Programs.

    (a) The following delegations of authority are made by the Secretary 
of Agriculture to the Assistant Secretary for Marketing and Regulatory 
Programs:
    (1) Related to agricultural marketing. (i) Exercise the functions of 
the Secretary of Agriculture contained in the Agricultural Marketing Act 
of 1946, as amended (7 U.S.C. 1621-1627), including payments to State 
Departments of Agriculture in connection with cooperative marketing 
service projects under section 204(b) (7 U.S.C. 1623(b)), but excepting 
matters otherwise assigned.

[[Page 153]]

    (ii) Conduct marketing efficiency research and development 
activities directly applicable to the conduct of the Wholesale Market 
Development Program, specifically:
    (A) Studies of facilities and methods used in physical distribution 
of food and other farm products;
    (B) Studies designed to improve handling of all agricultural 
products as they are moved from farms to consumers; and
    (C) application of presently available scientific knowledge to the 
solution of practical problems encountered in the marketing of 
agricultural products (7 U.S.C. 1621-1627).
    (iii) Exercise the functions of the Secretary of Agriculture 
relating to the transportation activities contained in section 203(j) of 
the Agricultural Marketing Act of 1946 (7 U.S.C. 1622(j)) as amended, 
but excepting matters otherwise assigned.
    (iv) Administer transportation activities under section 201 of the 
Agricultural Adjustment Act of 1938 (7 U.S.C. 1291).
    (v) Apply results of economic research and operations analysis to 
evaluate transportation issues and to recommend revisions of current 
procedures.
    (vi) Serve as the focal point for all Department transportation 
matters including development of policies and strategies.
    (vii) Cooperate with other Departmental agencies in the development 
and recommendation of policies for inland transportation of USDA and 
CCC-owned commodities in connection with USDA programs.
    (viii) Exercise the functions of the Secretary of Agriculture 
contained in the following legislation:
    (A) U.S. Cotton Standards Act (7 U.S.C. 51-65);
    (B) Cotton futures provisions of the Internal Revenue Code of 1954 
(26 U.S.C. 4854, 4862-4865, 4876, and 7263);
    (C) Cotton Statistics and Estimates Act, as amended (7 U.S.C. 471-
476), except as otherwise assigned;
    (D) Naval Stores Act (7 U.S.C. 91-99);
    (E) Tobacco Inspection Act (7 U.S.C. 511-511q);
    (F) Wool Standard Act (7 U.S.C. 415b-415d);
    (G) Agricultural Marketing Agreement Act of 1937, as amended (7 
U.S.C. 601, 602, 608a-608e, 610, 612, 614, 624, 671-674);
    (H) Cotton Research and Promotion Act (7 U.S.C. 2101-2118), except 
as delegated to the Under Secretary for Farm and Foreign Agricultural 
Services in Sec. 2.16(a)(3)(x);
    (I) Export Apple and Pear Act (7 U.S.C. 581-590);
    (J) Export Grape and Plum Act (7 U.S.C. 591-599);
    (K) Titles I, II, IV, and V of the Federal Seed Act, as amended (7 
U.S.C. 1551-1575, 1591-1611);
    (L) Perishable Agricultural Commodities Act (7 U.S.C. 499a-499s);
    (M) Produce Agency Act (7 U.S.C. 491-497);
    (N) Tobacco Seed and Plant Exportation Act (7 U.S.C. 516-517);
    (O) Tobacco Statistics Act (7 U.S.C. 501-508);
    (P) Section 401(a) of the Organic Act of 1944 (7 U.S.C. 415e);
    (Q) Agricultural Fair Practices Act (7 U.S.C. 2301-2306);
    (R) Wheat Research and Promotion Act (7 U.S.C. 1292 note), except as 
delegated to the Under Secretary for Farm and Foreign Agricultural 
Services in Sec. 2.16(a)(3)(x);
    (S) Plant Variety Protection Act (7 U.S.C. 2321-2331, 2351-2357, 
2371-2372, 2401-2404, 2421-2427, 2441-2443, 2461-2463, 2481-2486, 2501-
2504, 2531-2532, 2541-2545, 2561-2569, 2581-2583), except as delegated 
to the Judicial Officer;
    (T) Subtitle B of title I and section 301(4) of the Dairy and 
Tobacco Adjustment Act of 1983 (7 U.S.C. 4501-4513, 4514(4)), except as 
delegated to the Under Secretary for Farm and Foreign Agricultural 
Services in Sec. 2.16(a)(3)(x);
    (U) Potato Research and Promotion Act (7 U.S.C. 2611-2627), except 
as delegated to the Under Secretary for Farm and Foreign Agricultural 
Services in Sec. 2.16(a)(3)(x);
    (V) [Reserved]
    (W) Egg Research and Consumer Information Act (7 U.S.C. 2701-2718), 
except as delegated to the Under Secretary for Farm and Foreign 
Agricultural Services in Sec. 2.16(a)(3)(x);

[[Page 154]]

    (X) Beef Research and Information Act, as amended (7 U.S.C. 2901-
2918), except as delegated to the Under Secretary for Farm and Foreign 
Agricultural Services in Secs. 2.16(a)(1)(xiv) and (a)(3)(x);
    (Y) Wheat and Wheat Foods Research and Nutrition Education Act (7 
U.S.C. 3401-3417), except as delegated to the Under Secretary for Farm 
and Foreign Agricultural Services in
    Sec. 2.16(a)(3)(x);
    (Z) Egg Products Inspection Act relating to the Shell Egg 
Surveillance Program, voluntary laboratory analyses of egg products, and 
the Voluntary Egg Grading Program (21 U.S.C. 1031-1056);
    (AA) Section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), as 
supplemented by the Act of June 28, 1937 (15 U.S.C. 713c), and related 
legislation, except functions which are otherwise assigned relating to 
the domestic distribution and donation of agricultural commodities and 
products thereof following the procurement thereof;
    (BB) Procurement of agricultural commodities and other foods under 
section 6 of the National School Lunch Act of 1946, as amended (42 
U.S.C. 1755);
    (CC) In carrying out the procurement functions in paragraphs 
(a)(1)(viii)(AA) and (BB) of this section, the Assistant Secretary for 
Marketing and Regulatory Programs shall, to the extent practicable, use 
the commodity procurement, handling, payment and related services of the 
Farm Service Agency;
    (DD) Act of May 23, 1980, regarding inspection of dairy products for 
export (21 U.S.C. 693);
    (EE) The Pork Promotion, Research and Consumer Information Act of 
1985 (7 U.S.C. 4801-4819), except as delegated to the Under Secretary 
for Farm and Foreign Agricultural Services in Sec. 2.16(a)(3)(x);
    (FF) The Watermelon Research and Promotion Act (7 U.S.C. 4901-4916), 
except as delegated to the Under Secretary for Farm and Foreign 
Agricultural Services in Sec. 2.16(a)(3)(x);
    (GG) The Honey Research, Promotion, and Consumer Information Act (7 
U.S.C. 4601-4612), except as delegated to the Under Secretary for Farm 
and Foreign Agricultural Services in Sec. 2.16(a)(3)(x);
    (HH) Subtitles B and C of the Dairy Production Stabilization Act of 
1983, as amended (7 U.S.C. 4501-4513, 4531-4538);
    (II) The Floral Research and Consumer Information Act (7 U.S.C. 
4301-4319), except as delegated to the Under Secretary for Farm and 
Foreign Agricultural Services in Sec. 2.16(a)(3)(x);
    (JJ) Section 213 of the Tobacco Adjustment Act of 1983, as amended 
(7 U.S.C. 511r);
    (KK) National Laboratory Accreditation Program (7 U.S.C. 138-138i) 
with respect to laboratories accredited for pesticide residue analysis 
in fruits and vegetables and other agricultural commodities, except 
those laboratories analyzing only meat and poultry products;
    (LL) Pecan Promotion and Research Act of 1990 (7 U.S.C. 6001-6013), 
except as delegated to the Under Secretary for Farm and Foreign 
Agricultural Services in Sec. 2.16(a)(3)(x);
    (MM) Mushroom Promotion, Research, and Consumer Information Act of 
1990 (7 U.S.C. 6101-6112), except as delegated to the Under Secretary 
for Farm and Foreign Agricultural Services in Sec. 2.16(a)(3)(x);
    (NN) Lime Research, Promotion, Research, and Consumer Information 
Act of 1990 (7 U.S.C. 6201-6212), except as delegated to the Under 
Secretary for Farm and Foreign Agricultural Services in 
Sec. 2.16(a)(3)(x);
    (OO) Soybean Promotion, Research, and Consumer Information Act (7 
U.S.C. 6301-6311), except as delegated to the Under Secretary for Farm 
and Foreign Agricultural Services in Sec. 2.16(a)(3)(x);
    (PP) Fluid Milk Promotion Act of 1990 (7 U.S.C. 6401-6417), except 
as delegated to the Under Secretary for Farm and Foreign Agricultural 
Services in Sec. 2.16(a)(3)(x);
    (QQ) Producer Research and Promotion Board Accountability (104 Stat. 
3927);
    (RR) Consistency with International Obligations of the United States 
(7 U.S.C. 2278);
    (SS) Organic Foods Production Act of 1990 (7 U.S.C. 6501-6522), 
provided that

[[Page 155]]

the Administrator, Agricultural Marketing Service, will enter into 
agreements, as necessary, with the Administrator, Food Safety and 
Inspection Service, to provide inspection services;
    (TT) Pesticide Recordkeeping (7 U.S.C. 136i-1) with the provision 
that the Administrator, Agricultural Marketing Service, will enter into 
agreements, as necessary, with other Federal agencies;
    (UU) The International Carriage of Perishable Foodstuffs Act (7 
U.S.C. 4401-4406);
    (VV) The Sheep Promotion, Research, and Information Act (7 U.S.C. 
7101-7111), except as delegated to the Under Secretary for Farm and 
Foreign Agricultural Services in Sec. 2.16(a)(3)(x); and
    (WW) The Fresh Cut Flowers and Fresh Cut Greens Promotion and 
Consumer Information Act (7 U.S.C. 6801-6814), except as delegated to 
the Under Secretary for Farm and Foreign Agricultural Services in 
Sec. 2.16(a)(3)(x).
    (XX) Commodity Promotion and Evaluation (7 U.S.C. 7401);
    (YY) The Commodity Promotion, Research, and Information Act of 1996 
(7 U.S.C. 7411-7425), except as delegated to the Under Secretary for 
Farm and Foreign Agricultural Services in Sec. 2.16(a)(3)(x);
    (ZZ) The Canola and Rapeseed Research, Promotion, and Consumer 
Information Act (7 U.S.C. 7441-7452), except as delegated to the Under 
Secretary for Farm and Foreign Agricultural Services in 
Sec. 2.16(a)(3)(x);
    (AAA) The National Kiwifruit Research, Promotion, and Consumer 
Information Act (7 U.S.C. 7461-7473), except as delegated to the Under 
Secretary for Farm and Foreign Agricultural Services in 
Sec. 2.16(a)(3)(x);
    (BBB) The Popcorn Promotion, Research, and Consumer Information Act 
(7 U.S.C. 7481-7491), except as delegated to the Under Secretary for 
Farm and Foreign Agricultural Services in Sec. 2.16(a)(3)(x).
    (ix) Furnish, on request, copies of programs, pamphlets, reports, or 
other publications for missions or programs as may otherwise be 
delegated or assigned to the Assistant Secretary for Marketing and 
Regulatory Programs, and charge user fees therefor, as authorized by 
section 1121 of the Agriculture and Food Act of 1981, as amended by 
section 1769 of the Food Security Act of 1985, 7 U.S.C. 2242a.
    (x) Collect, summarize, and publish data on the production, 
distribution, and stocks of sugar.
    (2) Related to animal and plant health inspection. Exercise the 
functions of the Secretary of Agriculture under the following 
authorities:
    (i) Administer the Foreign Service personnel system for employees of 
the Animal and Plant Health Inspection Service in accordance with 22 
U.S.C. 3922, except that this delegation does not include the authority 
to represent the Department of Agriculture in interagency consultations 
and negotiations with other foreign affairs agencies regarding joint 
regulations, nor the authority to approve joint regulations issued by 
the Department of State relating to administration of the Foreign 
Service;
    (ii) Section 102, Organic Act of 1944, as amended, and the Act of 
April 6, 1937, as amended (7 U.S.C. 147a, 148, 148a-148e), relating to 
control and eradication of plant pests and diseases, including 
administering survey and regulatory activities for the Gypsy Moth 
Program and, with the Chief of the Forest Service, jointly administering 
gypsy moth eradication activities by assuming primary responsibility for 
eradication of gypsy moth infestations of 640 acres or less on State and 
private lands that are not contiguous to infested Federal lands;
    (iii) The Mexican Border Act, as amended (7 U.S.C. 149);
    (iv) The Golden Nematode Act (7 U.S.C. 150-150g);
    (v) The Federal Plant Pest Act, as amended (7 U.S.C. 150aa-150jj);
    (vi) The Plant Quarantine Act, as amended (7 U.S.C. 151-164a, 167).
    (vii) The Terminal Inspection Act, as amended (7 U.S.C. 166);
    (viii) The Honeybee Act, as amended (7 U.S.C. 281-286);
    (ix) The Halogeton Glomeratus Control Act (7 U.S.C. 1651-1656);
    (x) Tariff Act of June 17, 1930, as amended, sec. 306 (19 U.S.C. 
1306);
    (xi) Act of August 30, 1890, as amended (21 U.S.C. 102-105);

[[Page 156]]

    (xii) Act of May 29, 1884, as amended, Act of February 2, 1903, as 
amended, and Act of March 3, 1905, as amended, and supplemental 
legislation (21 U.S.C. 111-114a, 114a-1, 115-130);
    (xiii) Act of February 28, 1947, as amended (21 U.S.C. 114b-114c, 
114d-1);
    (xiv) Act of June 16, 1948 (21 U.S.C. 114e-114f);
    (xv) Act of September 6, 1961 (21 U.S.C. 114g-114h);
    (xvi) Act of July 2, 1962 (21 U.S.C. 134-134h);
    (xvii) Act of May 6, 1970 (21 U.S.C. 135-135b);
    (xviii) Sections 12-14 of the Federal Meat Inspection Act, as 
amended, and so much of section 18 of such Act as pertains to the 
issuance of certificates of condition of live animals intended and 
offered for export (21 U.S.C. 612-614, 618);
    (xix) Improvement of poultry, poultry products, and hatcheries (7 
U.S.C. 429);
    (xx) The responsibilities of the United States under the 
International Plant Protection Convention;
    (xxi) (Laboratory) Animal Welfare Act, as amended (7 U.S.C. 2131-
2159);
    (xxii) Horse Protection Act (15 U.S.C. 1821-1831);
    (xxiii) 28 Hour Law, as amended (49 U.S.C. 80502);
    (xxiv) Export Animal Accommodation Act, as amended (46 U.S.C. 3901-
3902);
    (xxv) Purebred Animal Duty Free Entry Provisions of Tariff Act of 
June 17, 1930, as amended (19 U.S.C. 1202, part 1, Item 100.01);
    (xxvi) Virus-Serum-Toxin Act (21 U.S.C. 151-158);
    (xxvii) Conduct diagnostic and related activities necessary to 
prevent, detect, control or eradicate foot-and-mouth disease and other 
foreign animal diseases (21 U.S.C. 113a);
    (xxviii) The Agricultural Marketing Act of 1946, sections 203, 205, 
as amended (7 U.S.C. 1622, 1624), with respect to voluntary inspection 
and certification of animal products; inspection, testing, treatment, 
and certification of animals; and a program to investigate and develop 
solutions to the problems resulting from the use of sulfonamides in 
swine;
    (xxix) Talmadge Aiken Act (7 U.S.C. 450) with respect to cooperation 
with States in control and eradication of plant and animal diseases and 
pests;
    (xxx) The Federal Noxious Weed Act of 1974, as amended (7 U.S.C. 
2801-2814);
    (xxxi) The Endangered Species Act of 1973 (16 U.S.C. 1531-1544);
    (xxxii) Executive Order 11987, 3 CFR, 1977 Comp., p. 116;
    (xxxiii) Section 101(d), Organic Act of 1944 (7 U.S.C. 430);
    (xxxiv) The Swine Health Protection Act, as amended (7 U.S.C. 3801-
3813);
    (xxxv) Lacey Act Amendments of 1981, as amended (16 U.S.C. 3371-
3378);
    (xxxvi) Title III (and title IV to the extent that it relates to 
activities under title III,) of the Federal Seed Act, as amended (7 
U.S.C. 1581-1610);
    (xxxvii) Authority to prescribe the amounts of commuted traveltime 
allowances and the circumstances under which such allowances may be paid 
to employees covered by the Act of August 28, 1950 (7 U.S.C. 2260);
    (xxxviii) The Act of March 2, 1931 (7 U.S.C. 426-426b);
    (xxxix) The Act of December 22, 1987 (7 U.S.C. 426c);
    (xl) Authority to work with developed and transitional countries on 
agricultural and related research and extension, with respect to animal 
and plant health, including providing technical assistance, training, 
and advice to persons from such countries engaged in such activities and 
the stationing of scientists of national and international institutions 
in such countries (7 U.S.C. 3291(a)(3));
    (xli) Authority to prescribe and collect fees under the Act of 
August 31, 1951, as amended (31 U.S.C. 9701), and sections 2508 and 2509 
of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 
136, 136a), as amended;
    (xlii) The provisions of 35 U.S.C. 156;
    (xliii) 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); and
    (xliv) The Alien Species Prevention and Enforcement Act of 1992 (39 
U.S.C. 3015 note).

[[Page 157]]

    (xlv) Sections 901-905 of the Federal Agriculture Improvement and 
Reform Act of 1996 (7 U.S.C. 1901 note).
    (xlvi) Plant Protection Act (Title IV, Pub. L. 106-224, 114 Stat. 
438, 7 U.S.C. 7701-7772).
    (3) Related to grain inspection, packers and stockyards. (i) 
Exercise the authority of the Secretary of Agriculture contained in the 
U.S. Grain Standards Act, as amended (7 U.S.C. 71-87h).
    (ii) Exercise the functions of the Secretary of Agriculture 
contained in the Agricultural Marketing Act of 1946, as amended (7 
U.S.C. 1621-1627), relating to inspection and standardization activities 
relating to grain.
    (iii) Administer the Packers and Stockyards Act, as amended and 
supplemented (7 U.S.C. 181-229).
    (iv) Enforce provisions of the Consumer Credit Protection Act (15 
U.S.C. 1601-1655, 1681-1681t) with respect to any activities subject to 
the Packers and Stockyards Act, 1921, as amended and supplemented.
    (v) Exercise the functions of the Secretary of Agriculture contained 
in section 1324 of the Food Security Act of 1985 (7 U.S.C. 1631).
    (4) Related to committee management. Establish and reestablish 
regional, State, and local advisory committees for activities under his 
or her authority. This authority may not be redelegated.
    (5) Related to defense and emergency preparedness. Administer 
responsibilities and functions assigned under the Defense Production Act 
of 1950, as amended (50 U.S.C. App. 2061 et seq.), and title VI of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5195 et seq.), concerning protection of livestock, poultry and 
crops and products thereof from biological and chemical warfare; and 
utilization or disposal of livestock and poultry exposed to radiation.
    (6) Related to biotechnology. Coordinate the development and 
carrying out by Department agencies of all matters and functions 
pertaining to the Department's regulation of biotechnology, and act as 
liaison on all matters and functions pertaining to the regulation of 
biotechnology between agencies within the Department and between the 
Department and governmental and private organizations. Provided, that 
with respect to biotechnology matters affecting egg products, the 
Assistant Secretary shall consult and coordinate activities of 
Department agencies with the Under Secretary for Food Safety.
    (7) Related to environmental response. 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, 
under the following provisions of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (``the Act''), as 
amended:
    (i) Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a), 
(b), and (c)(4)), with respect to removal and remedial actions in the 
event of release or threatened release of a hazardous substance, 
pollutant, or contaminant into the environment;
    (ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with 
respect to information gathering and access requests and orders; 
compliance with Federal health and safety standards and wage and labor 
standards applicable to covered work; and emergency procurement powers;
    (iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with 
respect to the reduction of exposure to significant risk to human 
health;
    (iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to 
the acquisition of real property and interests in real property required 
to conduct a remedial action;
    (v) The first two sentences of section 105(d) of the Act (42 U.S.C. 
9605(d)), with respect to petitions for preliminary assessment of a 
release or threatened release;
    (vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to 
consideration of the availability of qualified minority firms in 
awarding contracts, but excluding that portion of section 105(f) 
pertaining to the annual report to Congress;
    (vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the 
assessment of civil penalties for violations of section 122 of the Act 
(42 U.S.C. 9622), and the granting of awards to individuals providing 
information;

[[Page 158]]

    (viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect 
to the designation of officials who may obligate money in the Hazardous 
Substances Superfund;
    (ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to 
establishing an administrative record upon which to base the selection 
of a response action and identifying and notifying potentially 
responsible parties;
    (x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to 
preliminary assessment and site inspection of facilities;
    (xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and (c)), 
with respect to public participation in the preparation of any plan for 
remedial action and explanation of variances from the final remedial 
action plan for any remedial action or enforcement action, including any 
settlement or consent decree entered into;
    (xii) Section 119 of the Act (42 U.S.C. 9119), with respect to 
indemnifying response action contractors;
    (xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to 
cleanup standards; and
    (xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to 
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C. 
9622(b)(1)), related to mixed funding agreements.
    (8) Related to compliance with environmental laws. 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 State, interstate, or local agency, 
containing a plan and schedule to achieve and maintain compliance with 
applicable pollution control standards established pursuant to the 
following:
    (i) Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act, as further amended by the Hazardous and 
Solid Waste Amendments, and the Federal Facility Compliance Act (42 
U.S.C. 6901 et seq.);
    (ii) Federal Water Pollution Prevention and Control Act, as amended 
(33 U.S.C. 1251 et seq.);
    (iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.);
    (iv) Clean Air Act, as amended (42 U.S.C. 7401 et seq.);
    (v) Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq.);
    (vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601 et 
seq.);
    (vii) Federal Insecticide, Fungicide, and Rodenticide Act, as 
amended (7 U.S.C. 136 et seq.); and
    (viii) Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended by the Superfund Amendments and 
Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.).
    (9) Related to the Capper-Volstead Act. Serve as a member of the 
Capper-Volstead Act Committee to identify cases of undue price 
enhancement by associations of producers and issue complaints requiring 
such associations to show cause why an order should not be made 
directing them to cease and desist from monopolization or restraint of 
trade (7 U.S.C. 292).
    (10) Related to hazardous materials management. (i) Serve on the 
USDA Hazardous Materials Policy Council.
    (ii) Recommend actions and policies that enable USDA agencies under 
his or her authority to comply with the intent, purposes, and standards 
of environmental laws for pollution prevention, control, and abatement.
    (iii) Consult with the United States Environmental Protection Agency 
and other appropriate Federal agencies in developing pollution 
prevention, control, and abatement policies and programs relating to 
agencies under his or her authority.
    (b) The following authorities are reserved to the Secretary of 
Agriculture:
    (1) Relating to agricultural marketing.
    (i) Promulgation, with the Secretary of the Treasury of joint 
regulations under section 402(b) of the Federal Seed Act, as amended (7 
U.S.C. 1592(b)).
    (ii) Appoint members of the National Dairy Promotion and Research 
Board established by section 113(b) of the

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Dairy and Tobacco Adjustment Act of 1983 (7 U.S.C. 4504(b)).
    (iii) Appoint members of the National Processor Advertising and 
Promotion Board established by section 1999H(b)(4) of the Fluid Milk 
Promotion Act of 1990 (7 U.S.C. 6407(b)).
    (iv) Appoint members of the Cotton Board established by section 7(a) 
of the Cotton Research and Promotion Act, as amended (7 U.S.C. 2106(a));
    (v) Appoint members of the Egg Board established by section 8(a) of 
the Egg Research and Consumer Information Act (7 U.S.C. 2707(a));
    (vi) Appoint members of the Floraboard established by section 
1707(1) of the Floral Research and Consumer Information Act (7 U.S.C. 
4306(1));
    (vii) Appoint members of the Honey Board established by section 
7(c)(1) of the Honey Research, Promotion, and Consumer Information Act, 
as amended (7 U.S.C. 4606(c));
    (viii) Appoint members of the Lime Board established by section 
1955(b)(2) of the Lime Research, Promotion, and Consumer Information Act 
of 1990 (7 U.S.C. 6204(b));
    (ix) Appoint members of the Mushroom Council established by section 
1925(b)(1)(B) of the Mushroom Promotion, Research, and Consumer 
Information Act of 1990 (7 U.S.C. 6104(b));
    (x) Appoint members of the Pecan Marketing Board established by 
section 1910(b)(8)(E) of the Pecan Promotion and Research Act of 1990 (7 
U.S.C. 6005(b));
    (xi) Appoint members of the National Potato Promotion Board 
established by section 308(a)(4) of the Potato Research and Promotion 
Act as amended (7 U.S.C. 2617(a));
    (xii) Appoint members of the National Watermelon Promotion Board 
established by section 1647(c) of the Watermelon Research and Promotion 
Act (7 U.S.C. 4906(c));
    (xiii) Appoint members of the PromoFlor Council established by 
section 5(b) of the Fresh Cut Flowers and Fresh Cut Greens Act of 1993 
(7 U.S.C. 6804(b));
    (xiv) Appoint members of the National Kiwifruit Board established by 
section 555(c)(1) of the National Kiwifruit Research, Promotion, and 
Consumer Information Act (7 U.S.C. 7464(c));
    (xv) Appoint members of Popcorn Board established by section 
575(b)(1) of the Popcorn Promotion, Research, and Consumer Information 
Act (7 U.S.C. 7484(b));
    (xvi) Appoint members of the Wheat Industry Council established by 
section 1706(a) of the Wheat and Wheat Foods Research and Nutrition 
Education Act (7 U.S.C. 3405(a));
    (xvii) Appoint members of the Cattlemen's Beef Promotion and 
Research Board established by section 5(1) of the Beef Research and 
Information Act as amended (7 U.S.C. 2904(1));
    (xviii) Appoint members of the National Pork Board established by 
section 1619(a)(1) of the Pork Promotion, Research, and Consumer 
Information Act of 1985 (7 U.S.C. 4808(a));
    (xix) Appoint members of the United Soybean Board established by 
section 1969(b)(1) of the Soybean Promotion, Research, and Consumer 
Information Act (7 U.S.C. 6304(b));
    (xx) Appoint members of the National Sheep Promotion, Research, and 
Information Board established by section 5(b) of the Sheep Promotion, 
Research, and Information Act (7 U.S.C. 7104(b)(1);
    (xxi) Appoint members of the National Canola and Rapeseed Board 
established by section 535(b)(1) of the Canola and Rapeseed Research, 
Promotion, and Consumer Information Act (7 U.S.C. 7444(b));
    (xxii) Appoint members of boards established by section 515(b)(2)(A) 
of the Commodity Promotion, Research, and Information Act of 1996 (7 
U.S.C. 7414(b)).
    (2) Related to animal and plant health inspection. (i) Determination 
that an emergency or extraordinary emergency exists because of the 
outbreak of any dangerous, communicable disease of livestock or poultry 
anywhere in the United States and that such outbreak threatens the 
livestock or poultry of the United States (21 U.S.C. 114a, 114c, 
134a(b)).
    (ii) Determination as to the measure and character of cooperation 
with Canada, Mexico, Central American countries, Panama, and Columbia 
related to operations and measures to eradicate,

[[Page 160]]

suppress, or control or to prevent or retard any communicable disease of 
animals, the designation of members of advisory committees, and the 
appointment of commissioners on any joint commission with these 
governments set up under such programs (21 U.S.C. 114b).
    (iii) Approval of requests for apportionment of reserves for the 
control of outbreaks of insects, plant diseases, and animal diseases to 
the extent necessary to meet emergency conditions (31 U.S.C. 665).
    (iv) Determination that an extraordinary emergency exists under the 
criteria in section 105(b)(1) of the Federal Plant Pest Act, as amended, 
(7 U.S.C. 150dd(b)(1)).

[60 FR 56393, Nov. 8, 1995, as amended at 61 FR 25776, May 23, 1996; 61 
FR 68541, Dec. 30, 1996; 62 FR 40254, July 28, 1997; 65 FR 12428, Mar. 
9, 2000; 65 FR 49471, Aug. 14, 2000]

Sec. 2.23  Assistant Secretary for Congressional Relations.

    (a) The following delegations of authority are made by the Secretary 
of Agriculture to the Assistant Secretary for Congressional Relations:
    (1) Related to congressional affairs. (i) Exercise responsibility 
for coordination of all congressional matters in the Department.
    (ii) Maintain liaison with the Congress and the White House on 
legislative Matters of concern to the Department.
    (2) Related to intergovernmental affairs. (i) Coordinate all 
programs involving intergovernmental affairs including State and local 
government relations and liaison with:
    (A) National Association of State Departments of Agriculture;
    (B) Office of Intergovernmental Relations (Office of Vice 
President);
    (C) Advisory Commission on Intergovernmental Relations;
    (D) Council of State Governments;
    (E) National Governors Conference;
    (F) National Association of Counties;
    (G) National League of Cities;
    (H) International City Managers Association;
    (I) U.S. Conference of Mayors; and
    (J) Such other State and Federal agencies, departments and 
organizations as are necessary in carrying out the responsibilities of 
this office.
    (ii) Maintain oversight of the activities of USDA representatives to 
the 10 Federal Regional councils.
    (iii) Serve as the USDA contact with the Advisory Commission on 
Intergovernmental Relations for implementation of OMB Circular A-85 to 
provide advance notification to state and local governments of proposed 
changes in Department programs that affect such governments.
    (iv) Act as the department representative for Federal executive 
board matters.
    (v) Administer the implementation of the National Historic 
Preservation Act of 1966, 16 U.S.C. 470 et seq., Executive Order 11593, 
3 CFR, 1971-1975 Comp., p. 559, and regulations of the Advisory Council 
on Historic Preservation, 36 CFR part 800, for the Department of 
Agriculture with authority to name the Secretary's designee to the 
Advisory Council on Historic Preservation.
    (3) Related to Indian affairs. Coordinate the Department's programs 
involving assistance to American Indians except civil rights activities.
    (b) [Reserved]

Sec. 2.24  Assistant Secretary for Administration.

    (a) The following delegations of authority are made by the Secretary 
of Agriculture to the Assistant Secretary for Administration:
    (1) Related to administrative law judges. (i) Assign, after 
appropriate consultation with other general officers, to the Office of 
Administrative Law Judges proceedings not subject to 5 U.S.C. 556 and 
557, involving the holdings of hearings and performance of related 
duties pursuant to the applicable rules of practice, when the Assistant 
Secretary for Administration determines that because of the nature of 
the proceeding it would be desirable for the proceeding to be presided 
over by an Administrative Law Judge and that such duties and 
responsibilities would not be inconsistent with those of an 
Administrative Law Judge.
    (ii) Provide administrative supervision of the Office of 
Administrative Law Judges.

[[Page 161]]

    (iii) Maintain overall responsibility and control over the Hearing 
Clerk's activities which include the custody of and responsibility for 
the control, maintenance, and servicing of the original and permanent 
records of all USDA administrative proceedings conducted under the 
provisions of 5 U.S.C 556 and 557:
    (A) Receiving, filing and acknowledging the receipt of complaints, 
petitions, answers, briefs, arguments, and all other documents that may 
be submitted to the Secretary or the Department of Agriculture in such 
proceedings;
    (B) Receiving and filing complaints, notices of inquiry, orders to 
show cause, notices of hearing, designations of Administrative Law 
Judges or presiding officers, answers, briefs, arguments, orders, and 
all other documents that may be promulgated or issued by the Secretary 
or other duly authorized officials of the Department of Agriculture in 
such proceedings;
    (C) Supervising the service upon the parties concerned of any 
documents that are required to be served, and where required, preserving 
proof of service;
    (D) Keeping a docket record of all such documents and proceedings;
    (E) Filing a stenographic record of each administrative hearing;
    (F) Preparing for certification and certifying under the Secretary's 
facsimile signature, material on file in the Hearing Clerk's office;
    (G) Performing any other clerical duties with respect to the 
documents relative to such proceedings as may be required to be 
performed;
    (H) Cooperating with the Office of Operations in the letting of 
contracts for stenographic and reporting services; and forwarding 
vouchers to appropriate agencies for payment;
    (I) Receiving and compiling data, views or comments filed in 
response to notices of proposed standards or rules or regulations; and
    (J) Performing upon request the following services with respect to 
any hearings in such proceedings:
    (1) Arranging for suitable hearing place; and
    (2) Arranging for stenographic reporting of hearings and handling 
details in connection therewith.
    (2) Related to small and disadvantaged business utilization. (i) In 
compliance with Public Law 95-507, the Assistant Secretary for 
Administration is designated as the Department's Director for Small and 
Disadvantaged Business Utilization. The Director of Small and 
Disadvantaged Business Utilization has specific responsibilities under 
the Small Business Act, 15 U.S.C. 644(k). These duties include being 
responsible for the following:
    (A) Administering the Department's small and disadvantaged business 
activities related to procurement contracts, minority bank deposits, and 
grants and loan activities affecting small and minority businesses 
including women-owned business, and the small business, small minority 
business and small women-owned business subcontracting programs;
    (B) Providing Departmentwide liaison and coordination of activities 
related to small, small disadvantaged, and women-owned businesses with 
the Small Business Administration and others in public and private 
sector;
    (C) Developing policies and procedures required by the applicable 
provision of the Small Business Act, as amended to include the 
establishment of goals; and
    (D) Implementing and administering programs described under sections 
8 and 15 of the Small Business Act, as amended (15 U.S.C. 637 and 644).
    (3) Related to equal opportunity in programs and employment. (i) 
Provide overall leadership, coordination, and direction for the 
Department's programs of civil rights, including program delivery, 
compliance, and equal employment opportunity, with emphasis on the 
following:
    (A) Actions to enforce Title VI of the Civil Rights Act of 1964, 42 
U.S.C. 2000d, prohibiting discrimination in Federally assisted programs;
    (B) Actions to enforce Title VII of the Civil Rights Act of 1964, as 
amended, 42 U.S.C. 2000e, prohibiting discrimination in Federal 
employment;
    (C) Actions to enforce Title IX of the Education Amendments of 1972, 
20

[[Page 162]]

U.S.C. 1681, et seq., prohibiting discrimination on the basis of sex in 
USDA education programs and activities funded by the Department;
    (D) Actions to enforce the Age Discrimination Act of 1975, 42 U.S.C. 
6102, prohibiting discrimination on the basis of age in USDA programs 
and activities funded by the Department;
    (E) Actions to enforce Section 504 of the Rehabilitation Act of 
1973, as amended, 29 U.S.C. 794, prohibiting discrimination against 
individuals with disabilities in USDA programs and activities funded by 
the Department;
    (F) Actions to enforce section 504 of the Rehabilitation Act of 
1973, as amended, 29 U.S.C. 794, prohibiting discrimination against 
individuals with disabilities in USDA conducted programs.
    (G) Actions to enforce Title II of the Americans with Disabilities 
Act of 1990, as amended, 42 U.S.C. 12131, et seq., prohibiting 
discrimination against individuals with disabilities in State and local 
government services.
    (H) Actions to enforce related Executive Orders, Congressional 
mandates, and other laws, rules, and regulations, as appropriate;
    (I) Actions to develop and implement the Department's Federal 
Women's Program; and
    (J) Actions to develop and implement the Department's Hispanic 
Employment Program.
    (ii) Evaluate Departmental agency programs, activities, and impact 
statements for civil rights concerns.
    (iii) Provide leadership and coordinate Departmental agencies and 
systems for targeting, collecting, analyzing, and evaluating program 
participation data and equal employment opportunity data.
    (iv) Provide leadership and coordinate Departmentwide programs of 
public notification regarding the availability of USDA programs on a 
nondiscriminatory basis.
    (v) Coordinate with the Department of Justice on matters relating to 
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), Title IX of 
the Education Amendments of 1972 (20 U.S.C. 1681, et seq.), and section 
504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), 
except those matters in litigation, including administrative enforcement 
actions, which shall be coordinated by the Office of the General 
Counsel.
    (vi) Coordinate with the Department of Health and Human Services on 
matters relating to the Age Discrimination Act of 1975, 42 U.S.C. 6102, 
except those matters in litigation, including administrative enforcement 
actions, which shall be coordinated by the Office of the General 
Counsel.
    (vii) Order proceedings and hearings in the Department pursuant to 
Secs. 15.9(e) and 15.86 of this title which concern consolidated or 
joint hearings within the Department or with other Federal departments 
and agencies.
    (viii) Order proceedings and hearings in the Department pursuant to 
Sec. 15.8 of this title after the program agency has advised the 
applicant or recipient of his or her failure to comply and has 
determined that compliance cannot be secured by voluntary means.
    (ix) Issue orders to give a notice of hearing or the opportunity to 
request a hearing pursuant to part 15 of this title; arrange for the 
designation of an Administrative Law Judge to preside over any such 
hearing; and determine whether the Administrative Law Judge so 
designated will make an initial decision or certify the record to the 
Secretary of Agriculture with his or her recommended findings and 
proposed action.
    (x) Authorize the taking of action pursuant to Sec. 15.8(a) of this 
title relating to compliance by ``other means authorized by law.''
    (xi) Make determinations required by Sec. 15.8(d) of this title that 
compliance cannot be secured by voluntary means, and then take action, 
as appropriate.
    (xii) Make determinations, after legal sufficiency reviews by the 
Office of the General Counsel, that program complaint investigations 
performed under Sec. 15.6 of this title establish a proper basis for 
findings of discrimination, and that actions taken to correct such 
findings are adequate;
    (xiii) Perform investigations and make final determinations, after 
legal sufficiency reviews by the Office of the General Counsel, on both 
the merits and required corrective action, as to complaints filed under 
part 15d of this title.

[[Page 163]]

    (xiv) Conduct investigations and compliance reviews Departmentwide.
    (xv) Develop regulations, plans, and procedures necessary to carry 
out the Department's civil rights programs, including the development, 
implementation, and coordination of Action Plans.
    (xvi) Coordinate the Department's affirmative employment program, 
special emphasis programs, Federal Equal Opportunity Recruitment 
Program, equal employment opportunity evaluations, and development of 
policy.
    (xvii) Provide liaison on equal employment opportunity programs and 
activities with the Equal Employment Opportunity Commission and the 
Office of Personnel Management.
    (xviii) Monitor, evaluate, and report on agency compliance with 
established policy and Executive Orders which further the participation 
of historically Black colleges and universities, the Hispanic-serving 
institutions, 1994 tribal land grant institutions, and other colleges 
and universities with substantial minority group enrollment in 
Departmental programs and activities.
    (xix) Is designated as the Department's Director of Equal Employment 
Opportunity with authority to perform the functions and responsibilities 
of that position under 29 CFR part 1614, including the authority to make 
changes in programs and procedures designed to eliminate discriminatory 
practices and improve the Department's program for Equal Employment 
Opportunity (EEO), to provide equal employment opportunity services for 
managers and employees, and to make final agency decisions, after legal 
sufficiency reviews by the Office of the General Counsel, on EEO 
complaints by Department employees or applicants for employment and 
order such corrective measures in such complaints as may be considered 
necessary, including the recommendation for such disciplinary action as 
is warranted when an employee has been found to have engaged in a 
discriminatory practice.
    (xx) Maintain liaison with historically Black colleges and 
universities, the Hispanic-serving institutions, 1994 tribal land grant 
institutions, and other colleges and universities with substantial 
minority group enrollment, and assist Department agencies in 
strengthening such institutions by facilitating institutional 
participation in Department programs and activities and by encouraging 
minority students to pursue curricula that could lead to careers in the 
food and agricultural sciences.
    (xxi) Administer the Department's EEO Program.
    (xxii) Oversee and manage the EEO counseling function for the 
Department.
    (xxiii) Administer the discrimination appeals and complaints program 
for the Department, including all formal individual or group appeals, 
where the system provides for an avenue of redress to the Department 
level, Equal Employment Opportunity Commission, or other outside 
authority.
    (xxiv) Process formal EEO discrimination complaints by employees or 
applicants for employment.
    (xxv) Investigate Department EEO and program discrimination 
complaints.
    (xxvi) Make final decisions, after legal sufficiency reviews by the 
Office of the General Counsel, on both EEO and program discrimination 
complaints, except in those cases where the Assistant Secretary has 
participated in the events that gave rise to the matter.
    (xxvii) Order such corrective measures in EEO complaints as may be 
considered necessary, including the recommendation for such disciplinary 
action as is warranted when an employee has been found to engage in a 
discriminatory practice.
    (xviii) Provide liaison on EEO matters concerning complaints and 
appeals with the Department agencies and Department employees.
    (xxix) Make final determinations, or enter into settlement 
agreements, after legal sufficiency reviews by the Office of the General 
Counsel, on discrimination complaints in conducted programs subject to 
the Equal Credit Opportunity Act. This delegation includes the authority 
to make compensatory damage awards whether pursuant to a final 
determination or in a settlement agreement under the authority of the 
Equal Credit Opportunity Act and the authority to obligate agency funds, 
including CCC and FCIC funds to satisfy such an award.

[[Page 164]]

    (xxx) Require corrective action on findings of discrimination on 
program complaints and recommend to the Secretary that relief be granted 
under 7 U.S.C. 6998(d), notwithstanding the finality of National Appeals 
Divisions decisions.
    (xxxi) Provide civil rights and equal employment opportunity support 
services, with authority to take actions required by law or regulation 
to perform such services for:
    (A) The Secretary of Agriculture;
    (B) The general officers of the Department;
    (C) The offices and agencies reporting to the Assistant Secretary 
for Administration; and
    (D) Any other offices or agencies of the Department as may be 
agreed.
    (4) Related to outreach. (i) Develop policy guidelines and implement 
a Departmental outreach program which delivers services to the 
traditionally under-served customers.
    (ii) Administer and provide leadership, direction, coordination, and 
monitoring for the Small Farmer Outreach Training and Technical 
Assistance program, i.e. Outreach and Technical Assistance Grants to 
Socially Disadvantaged Farmers and Ranchers Program, including the 
authority to make grants and enter into contracts and other agreements 
pursuant to 7 U.S.C. 2279(a).
    (iii) Develop a strategic outreach plan for the Department which 
coordinates the goals, objectives, and expectations of mission area 
outreach programs.
    (iv) Coordinate the dissemination/communication of all outreach 
information from the Department and its mission areas ensuring its 
transmission to as wide a public spectrum as possible.
    (v) Serve as the Department's official outreach spokesperson.
    (vi) Provide coordination and oversight of agency outreach 
activities including the establishment of outreach councils.
    (vii) Develop a system to monitor the delivery of outreach grants 
and funding.
    (viii) Report agency outreach status and accomplishments, and make 
recommendations to the Secretary.
    (5) Related to operations. (i) Provide services for the Department 
in the following areas:
    (A) Acquiring, leasing, utilizing, constructing, maintaining, and 
disposing of real and personal property, including control of space 
assignments, in the Washington, D.C. metropolitan area;
    (B) Acquiring, storing, distributing, and disposing of forms; and
    (C) Mail management and all related functions.
    (ii) Operating centralized Departmental services to provide 
printing, copy reproducing, offset composing, supplies, mail, automated 
mailing lists, excess property pool, resource recovery, shipping and 
receiving, forms, labor services, issuing of general employee 
identification cards, supplemental distributing of Department 
directives, space allocating and management, and related management 
support.
    (iii) Providing property management, space management, messenger, 
and other related services with authority to take actions required by 
law or regulation to perform such services for:
    (A) The Secretary of Agriculture;
    (B) The general officers of the Department;
    (C) The offices reporting to the Assistant Secretary for 
Administration;
    (D) Any other offices or agencies of the Department as may be 
agreed; and
    (E) Other federal, state, or local government organizations on a 
cost recovery basis.
    (iv) Represent the Department in contacts with other organizations 
or agencies on matters related to assigned responsibilities.
    (v) Promulgate Departmental regulations, standards, techniques, and 
procedures and represent the Department in maintaining the security of 
physical facilities, self-protection, and warden services, in the 
Washington, D.C. metropolitan area.
    (vi) Provide internal administrative management and support services 
for the defense program of the Department.
    (6) Related to human resources management. (i) Formulate and issue 
Department policy, standards, rules, and regulations relating to human 
resources management.

[[Page 165]]

    (ii) Provide human resources management procedural guidance and 
operational instructions.
    (iii) Set standards for human resources data systems.
    (iv) Inspect and evaluate human resources management operations and 
issue instructions or take direct action to insure conformity with 
appropriate laws, Executive Orders, Office of Personnel Management rules 
and regulations, and other appropriate rules and regulations.
    (v) Exercise final authority in all human resources matters, 
including individual cases, that involve the jurisdiction of more than 
one General Officer or agency head.
    (vi) Receive, review, and recommend action on all requests for the 
Secretary's approval in human resources matters.
    (vii) Make final decisions on adverse actions, except in those cases 
where the Assistant Secretary for Administration has participated.
    (viii) Represent the Department in human resources matters in all 
contacts outside the Department.
    (ix) Exercise specific authorities in the following operational 
matters:
    (A) Waive repayment of training expenses where an employee fails to 
fulfill service agreement;
    (B) Establish or change standards and plans for awards to private 
citizens; and
    (C) Execute, change, extend, or renew:
    (1) Labor-Management Agreements; and
    (2) Associations of Management Officials' or Supervisors' 
Agreements.
    (D) Represent any part of the Department in all contacts and 
proceedings with the National Offices of Labor Organizations;
    (E) Change a position (with no material change in duties) from one 
pay system to another;
    (F) Grant restoration rights, and release employees with 
administrative reemployment rights;
    (G) Authorize any mass dismissals of employees in the Washington, 
D.C., metropolitan area;
    (H) Approve ``normal line of promotion'' cases in the excepted 
service where not in accordance with time-in-grade criteria;
    (I) Make the final decision on all classification appeals filed with 
the Department of Agriculture;
    (J) Authorize all employment actions (except nondisciplinary 
separations and LWOP) and classification actions for senior level and 
equivalent positions including Senior Executive Service positions and 
special authority professional and scientific positions responsible for 
carrying out research and development functions;
    (K) Authorize all employment actions (except LWOP) for the following 
positions:
    (1) Schedule C;
    (2) Non-career Senior Executive Service or equivalent; and
    (3) Administrative Law Judge.
    (L) Authorize adverse actions for positions in GS-14-15 and 
equivalent and, as appropriate, redelegate this authority to Heads of 
Department agencies;
    (M) Authorize adverse action for positions in the career senior 
executive service or equivalent, and as appropriate, redelegate this 
authority on a case by case basis to the Heads of Departmental agencies;
    (N) Approve the details of Department employees to the White House;
    (O) Authorize adverse actions based in whole or in part on an 
allegation of violation of 5 U.S.C. chapter 73, subchapter III, for 
employees in the excepted service;
    (P) Authorize long-term training in programs which require 
Departmentwide competition;
    (Q) Initiate and take adverse action in cases involving a violation 
of the merit system.
    (x) As used in this section, the term human resources includes:
    (A) Position management;
    (B) Position classification;
    (C) Employment;
    (D) Pay administration;
    (E) Automation of human resources data and systems;
    (F) Hours of duty;
    (G) Performance management;
    (H) Promotions;
    (I) Employee development;
    (J) Incentive Programs;
    (K) Leave;
    (L) Retirement;

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    (M) Human resource program management evaluations;
    (N) Social security;
    (O) Life insurance;
    (P) Health benefits;
    (Q) Unemployment compensation;
    (R) Labor management relations;
    (S) Intramanagement consultation;
    (T) Security;
    (U) Discipline; and
    (V) Appeals.
    (xi) Provide human resources services, as listed in paragraph 
(a)(6)(x) of this section, and organizational support services, with 
authority to take actions required by law or regulation to perform such 
services for:
    (A) The Secretary of Agriculture;
    (B) The general officers of the Department;
    (C) The offices and agencies reporting to the Assistant Secretary 
for Administration; and
    (D) Any other offices or agencies of the Department as may be 
agreed.
    (xii) Maintain, review, and update Departmental delegations of 
authority.
    (xiii) Authorize organizational changes which occur in:
    (A) Departmental organizations:
    (1) Agency or office;
    (2) Division (or comparable component); and
    (3) Branch (or comparable component in Departmental centers, only).
    (B) Field organizations:
    (1) First organizational level; and
    (2) Next lower organizational level-required only for those types of 
field installations where the establishment, change in location, or 
abolition of same, requires approval in accordance with Departmental 
internal direction.
    (xiv) Formulate and promulgate departmental organizational 
objectives and policies.
    (xv) Approve coverage of individual law enforcement and firefighter 
positions under the special retirement provisions of the Civil Service 
Retirement System and the Federal Employees Retirement System.
    (xvi) Establish Departmentwide safety and health policy and provide 
leadership in the development, coordination, and implementation of 
related standards, techniques, and procedures, and represent the 
Department in complying with laws, Executive Orders and other policy and 
procedural issuances related to occupational safety and health within 
the Department.
    (xvii) Represent the Department in all rulemaking, advisory, or 
legislative capacities on any groups, committees, or Governmentwide 
activities that affect the Department's Occupational Safety and Health 
Management Program.
    (xviii) Determine and provide Departmentwide technical services and 
regional staff support for the safety and health programs.
    (xix) Administer the computerized management information systems for 
the collection, processing and dissemination of data related to the 
Department's occupational safety and health programs.
    (xx) Administer the administrative appeals process related to the 
inclusion of positions in the Testing Designated Position listing in the 
Department's Drug-Free Workplace Program and designate the final appeal 
officer for that Program.
    (xxi) Administer the Department's Occupational Health and Preventive 
Medical Program, as well as design and operate employee assistance and 
workers' compensation activities.
    (xxii) Provide education and training on a Departmentwide basis for 
safety and health-related issues and develop resource and operational 
manuals.
    (xxiii) Oversee and manage the Department's administrative grievance 
program.
    (xxiv) Make final decisions in those cases where an agency head has 
appealed the recommended decision of a grievance examiner.
    (7) Related to procurement and property management. (i) Promulgate 
policies, standards, techniques, and procedures, and represent the 
Department, in the following:
    (A) Acquisition, including, but not limited to, the procurement of 
supplies, services, equipment, and construction;
    (B) Socioeconomic programs relating to contracting;
    (C) Selection, standardization, and simplification of program 
delivery processes utilizing contracts;

[[Page 167]]

    (D) Acquisition, leasing, utilization, value analysis, construction, 
maintenance, and disposition of real and personal property, including 
control of space assignments;
    (E) Motor vehicle and aircraft fleet and other vehicular 
transportation;
    (F) Transportation of things (traffic management);
    (G) Prevention, control, and abatement of pollution with respect to 
Federal facilities and activities under the control of the Department 
(Executive Order 12088, 3 CFR, 1978 Comp., p. 243);
    (H) Implementation of the Uniform Relocation Assistance and Real 
Property Policies Act of 1970 (42 U.S.C. 4601, et seq.); and
    (I) Development and implementation of energy management and 
environmental actions related to acquisition and procurement, real and 
personal property management, waste prevention and resource recycling, 
and logistics. Maintain liaison with the Office of the Federal 
Environmental Executive, the Department of Energy, and other Government 
agencies in these matters.
    (ii) Exercise the following special authorities:
    (A) Designate the Departmental Debarring Officer to perform the 
functions of 48 CFR part 9, subpart 9.4 related to procurement 
activities, except for commodity acquisitions on behalf of the Commodity 
Credit Corporation (7 CFR part 1407); with authority to redelegate 
suspension and debarment authority for contracts awarded under the 
School Lunch and Surplus Removal Programs (42 U.S.C. 1755 and 7 U.S.C. 
612c);
    (B) Conduct liaison with the Office of Federal Register (1 CFR part 
16) including the making of required certifications pursuant to 1 CFR 
part 18;
    (C) Maintain custody and permit appropriate use of the official seal 
of the Department;
    (D) Establish policy for the use of the official flags of the 
Secretary and the Department;
    (E) Coordinate collection and disposition of personal property of 
historical significance;
    (F) Make information returns to the Internal Revenue Service as 
prescribed by 26 U.S.C. 6050M and by 26 CFR 1.6050M-1 and such other 
Treasury regulations, guidelines or procedures as may be issued by the 
Internal Revenue Service in accordance with 26 U.S.C. 6050M. This 
includes making such verifications or certifications as may be required 
by 26 CFR 1.6050M-1 and making the election allowed by 26 CFR 1.6050M-
1(d)(5)(1);
    (G) Promulgate regulations for the management of contracting and 
procurement for information technology and telecommunication equipment, 
software, services, maintenance and related supplies; and
    (H) Represent the Department in contacts with the General Accounting 
Office, the General Services Administration, the Office of Management 
and Budget, and other organizations or agencies on matters related to 
assigned responsibilities.
    (iii) Serve as the Acquisition Executive in the Department to 
integrate and unify the management process for the Department's major 
system acquisitions and to monitor implementation of the policies and 
practices set forth in Circular A-109, Major Systems Acquisitions, with 
the exception that major system acquisitions for information technology 
shall be under the cognizance of the Chief Information Officer. This 
includes the authority to:
    (A) Insure that OMB Circular A-109 is effectively implemented in the 
Department and that the management objectives of the Circular are 
realized;
    (B) Review the program management of each major system acquisition, 
excluding information technology;
    (C) Designate the program manager for each major systems 
acquisition, excluding information technology; and
    (D) Designate any Departmental acquisition as a major system 
acquisition, excluding information technology, under OMB Circular A-109.
    (iv) Pursuant to Executive Order 12931, 3 CFR, 1994 Comp., p. 925, 
and sections 16, 22, and 37 of the Office of Federal Procurement Policy 
Act, as amended, 41 U.S.C. 414, 418(b), and 433, designate the Senior 
Procurement Executive for the Department and delegate responsibility for 
the following:
    (A) Prescribing and publishing Departmental acquisition policies, 
regulations, and procedures;

[[Page 168]]

    (B) Taking any necessary actions consistent with policies, 
regulations, and procedures with respect to purchases, contracts, 
leases, and other transactions;
    (C) Designating contracting officers;
    (D) Establishing clear lines of contracting authority;
    (E) Evaluating and monitoring the performance of the Department's 
procurement system;
    (F) Managing and enhancing career development of the Department's 
acquisition work force;
    (G) Participating in the development of Governmentwide procurement 
policies, regulations, and standards, and determining specific areas 
where Governmentwide performance standards should be established and 
applied;
    (H) Developing unique Departmental standards as required;
    (I) Overseeing the development of procurement goals, guidelines, and 
innovation;
    (J) Measuring and evaluating procurement office performance against 
stated goals;
    (K) Advising the Secretary whether goals are being achieved;
    (L) Prescribing standards for agency Procurement Executives and 
designating agency Procurement Executives when these standards not are 
met;
    (M) Redelegating as appropriate, the authority in paragraph 
(a)(6)(iv)(A) of this section to agency Procurement Executives or other 
qualified agency officials with no power of further redelegation; and
    (N) Redelegating the authorities in paragraphs (a)(6)(iv)(B), (C), 
(D), (F), and (G) of this section to agency Procurement executives or 
other qualified agency officials with the power of further redelegation.
    (v) Represent the Department in establishing standards for 
acquisition transactions within the electronic data interchange 
environment.
    (vi) Pursuant to the Alternative Agricultural Research and 
Commercialization Act of 1990 (7 U.S.C. 5901-5909), establish and 
maintain a Preference List for selected products developed with 
commercialization assistance under 7 U.S.C. 5905.
    (vii) Designate the Departmental Task Order Ombudsman pursuant to 41 
U.S.C. 253j.
    (viii) Serve as Departmental Remedy Coordination Official pursuant 
to 41 U.S.C. 255 to determine whether payment to any contractor should 
be reduced or suspended based on substantial evidence that the request 
of the contractor for advance, partial, or progress payment is based on 
fraud.
    (ix) Promulgate Departmental policies, standards, techniques, and 
procedures, and represent the Department in maintaining the security of 
physical facilities nationwide.
    (x) Review and approve exemptions for USDA contracts and 
subcontracts from the requirements of the Clean Air Act, as amended (42 
U.S.C. 7401, et seq.), the Federal Water Pollution Control Act, as 
amended (33 U.S.C. 1251, et seq.), and Executive Order 11738, 3 CFR, 
1971-1975 Comp., p. 799, when he or she determines that the paramount 
interest of the United States so requires as provided in these acts and 
Executive Order and the regulations of the Environmental Protection 
Agency (40 CFR 32.2155(b)).
    (xi) Promulgate policy concerning excess Federal personal property 
in accordance with section 923 of Public Law 104-127, to support 
research, educational, technical and scientific activities or for 
related programs, to:
    (A) Any 1994 Institutions (as defined in section 532 of the Equity 
in Educational Land-Grant Status Act of 1994 (Public Law 103-382; 7 
U.S.C. 301 note));
    (B) Any Institutions eligible to receive funds under the Act of 
August 30, 1890 (7 U.S.C. 321, et seq.) including Tuskegee University; 
and
    (C) Any Hispanic-serving Institutions (as defined in sections 316(b) 
of the Higher Education Act of 1965 (20 U.S.C. 1059c (b)).
    (xii) Issue regulations and directives to implement or supplement 
the Federal Acquisition Regulations (48 CFR Chapters 1 and 4).
    (xiii) Issue regulations and directives to implement or supplement 
the Federal Property Management Regulations (41 CFR chapters 101 and 
102).
    (xiv) Serve as a USDA Environmental Executive responsible for 
coordinating waste prevention, recycling, and the

[[Page 169]]

procurement, acquisition and use of recycled products and 
environmentally preferable products, including biobased products, and 
services pursuant to Executive Order 13101.
    (xv) Provide administrative support to the USDA Hazardous Materials 
Management Group.
    (xvi) In accordance with Public Law 95-91, section 656 and pursuant 
to Executive Order 13123, serve as the Department's principal Energy 
Conservation Officer.
    (xvii) Exercise full Departmentwide contracting and procurement 
authority.
    (xviii) Conduct acquisitions with authority to take actions required 
by law or regulation to procure supplies, services, and equipment for:
    (A) The Secretary of Agriculture;
    (B) The general officers of the Department;
    (C) The offices and agencies reporting to the Assistant Secretary 
for Administration;
    (D) Any other offices or agencies of the Department as may be 
agreed; and
    (E) For other federal, state, or local government organizations on a 
cost recovery basis.
    (8) Related to competition advocacy. (i) Pursuant to the Office of 
Federal Procurement Policy Act (Act), as amended (41 U.S.C. 401, et 
seq.), designate the Department's Advocate for Competition with the 
responsibility for section 20 of the Act (41 U.S.C. 418), including:
    (A) Reviewing the procurement activities of the Department;
    (B) Developing new initiatives to increase full and open 
competition;
    (C) Developing goals and plans and recommending actions to increase 
competition;
    (D) Challenging conditions unnecessarily restricting competition in 
the acquisition of supplies and services;
    (E) Promoting the acquisition of commercial items; and
    (F) Designating an Advocate for Competition for each procuring 
activity within the Department.
    (9) Related to emergency preparedness: (i) Administer the Department 
Emergency Preparedness Program. This includes the:
    (A) Coordination of the assignments made to the Department by 
Executive Order 12656, November 18, 1988, ``Assignment of Emergency 
Preparedness Responsibilities,'' 3 CFR, 1988 Comp. p. 255, to ensure 
that the Department has sufficient capabilities to respond to any 
occurrence, including natural disaster, military attack, technological 
emergency, or any other emergency.
    (B) Management of the Department Emergency Coordination Center and 
alternate facilities;
    (C) Development and promulgation of 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;
    (D) Providing guidance and direction regarding issues of emergency 
preparedness, disaster assistance, and national security to the 
agencies, mission areas, and the State and County Emergency Boards;
    (E) Representing and acting as liaison for the Department in 
contacts with other Federal entities and organizations, including the 
Federal Emergency Management Agency and the National Security Council, 
concerning matters of assigned responsibilities; and
    (F) Oversight of the Department continuity of operations, planning, 
and emergency relocation facilities to ensure that resources are in a 
constant state of readiness.
    (ii) Provide guidance and direction to the Department Emergency 
Coordinator, who, along with the Chief Economist, is responsible for 
coordinating the preparation of Department estimates of agricultural 
losses from natural disaster.
    (iii) Coordinate Department responsibilities under disaster 
assistance authorities, including the Chemical Stockpile Emergency 
Preparedness Program, the Federal Radiological Emergency Response Plan, 
the Federal Response Plan, the National Oil and Hazardous Substance 
Pollution Contingency Plan, and other Federal emergency response plans.
    (10) Related to compliance with environmental laws. With respect to 
facilities and activities under his or her authority, to exercise the 
authority of the Secretary of Agriculture pursuant to

[[Page 170]]

section 1-102 related to compliance with applicable pollution control 
standards and section 1-601 of Executive Order 12088, 3 CFR, 1978 Comp., 
p. 243, to enter into an inter-agency agreement with the United States 
Environmental Protection Agency, or an administrative consent order or a 
consent judgment in an appropriate State, interstate, or local agency, 
containing a plan and schedule to achieve and maintain compliance with 
applicable pollution control standards established pursuant to the 
following:
    (i) Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act, as further amended by the Hazardous and 
Solid Waste Amendments, and the Federal Facility Compliance Act (42 
U.S.C. 6901, et seq.);
    (ii) Federal Water Pollution Prevention and Control Act, as amended 
(33 U.S.C. 1251, et seq.);
    (iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f, et seq.);
    (iv) Clean Air Act, as amended (42 U.S.C. 7401, et seq.);
    (v) Noise Control Act of 1972, as amended (42 U.S.C. 4901, et seq.);
    (vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601, et 
seq.);
    (vii) Federal Insecticide, Fungicide, and Rodenticide Act, as 
amended (7 U.S.C. 136, et seq.); and
    (viii) Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended by the Superfund Amendments and 
Reauthorization Act of 1986 (42 U.S.C. 9601, et seq.).
    (11) Related to management. (i) Administer a productivity program in 
accordance with Executive Order 12089, 3 CFR, 1979 Comp., p. 246, and 
other policy and procedural directives and laws to:
    (ii) Develop strategies to improve processes with respect to 
administrative and associated financial activities of the Department and 
make recommendations to the Secretary.
    (iii) Improve Departmental management by: performing management 
studies and reviews in response to agency requests for assistance; 
enhancing management decision making by developing and applying analytic 
techniques to address particular administrative operational and 
management problems; searching for more economical or effective 
approaches to the conduct of business; developing and revising systems, 
processes, work methods and techniques; and undertaking other efforts to 
improve the management effectiveness and productivity of the Department.
    (iv) Coordinate Departmental Administration strategic planning and 
budget coordination activities on behalf of the Assistant Secretary.
    (12) Related to conflict management. (i) Designate the senior 
official to serve as the Department Dispute Resolution Specialist under 
the Administrative Dispute Resolution Act of 1996, 5 U.S.C. 571, et 
seq., and provide leadership, direction and coordination for the 
Department's conflict prevention and resolution activities;
    (ii) Issue Departmental regulations, policies, and procedures 
relating to the use of Alternative Dispute Resolution (ADR) to resolve 
employment complaints and grievances, workplace disputes, Departmental 
program disputes, and contract and procurement disputes;
    (iii) Provide ADR services for:
    (A) The Secretary of Agriculture;
    (B) The general officers of the Department;
    (C) The offices and agencies reporting to the Assistant Secretary 
for Administration; and
    (D) Any other officer or agency of the Department as may be agreed.
    (iv) Develop and issue standards for mediators and other ADR 
neutrals utilized by the Department;
    (v) Coordinate ADR activities throughout the Department; and
    (vi) Monitor Agency ADR programs and report at least annually to the 
Secretary on the Department's ADR activities; and
    (13) Related to ethics. The Ethics function in the U.S. Department 
of Agriculture is under the authority of the Assistant Secretary for 
Administration for purposes of general supervision only. The Assistant 
Secretary does not have any authority over the functions exercised by 
the Director, Office of Ethics, pursuant to the Director's 
responsibilities as Designated Agency Ethics Official under the Office 
of Government Ethics regulations at 5 CFR part 2638.

[[Page 171]]

    (14) Related to hazardous materials management. (i) Serve on the 
USDA Hazardous Materials Policy Council.
    (ii) Recommend actions and policies that enable USDA agencies under 
his or her authority to comply with the intent, purposes, and standards 
of environmental laws for pollution prevention, control, and abatement.
    (iii) Consult with the United States Environmental Protection Agency 
and other appropriate Federal agencies in developing pollution 
prevention, control, and abatement policies and programs relating to 
agencies under his or her authority.
    (iv) Present, in coordination with the Chairman of the USDA 
Hazardous Materials Policy Council, the USDA Hazardous Waste Management 
Appropriation budget request to the Office of Management and Budget and 
to Congress.
    (15) Related to defense. Provide internal administrative management 
and support services for the defense program of the Department.
    (16) Related to the Board of Contract Appeals. Provide 
administrative supervision of the Board of Contract Appeals. No review 
by the Assistant Secretary for Administration of the merits of appeals 
or of decisions of the Board is authorized and the Board shall be the 
representative of the Secretary in such matters.
    (17) Related to hazardous materials management: (i) Serve on the 
USDA Hazardous Materials Policy Council.
    (ii) Recommend actions and policies that enable USDA offices of 
assigned responsibility to comply with the intent, purposes, and 
standards of environmental laws for pollution prevention, control, and 
abatement.
    (iii) Consult with the United States Environmental Protection Agency 
and other appropriate Federal agencies in developing pollution 
prevention, control, and abatement policies and programs relating to 
matters of assigned responsibility.
    (iv) Present, in coordination with the Chairman of the USDA 
Hazardous Materials Policy Council, the USDA Hazardous Waste Management 
Appropriation budget request to the Office of Management and Budget and 
to Congress.
    (b) The following authorities are reserved to the Secretary of 
Agriculture:
    (1) Related to human resources management. Make final determinations 
in the following areas:
    (i) Separation of employees for security reasons;
    (ii) Restoration to duty of employees following suspension from duty 
for security reasons;
    (iii) Reinstatement or restoration to duty or the employment of any 
person separated for security reasons; and
    (iv) Issuance of temporary certificates to occupy sensitive 
positions.
    (2) [Reserved]

[60 FR 56393, Nov. 8, 1995, as amended at 65 FR 12428, Mar. 9, 2000; 65 
FR 77756, Dec. 13, 2000]

    Editorial Note: The following amendment could not be incorporated 
into Sec. 2.24 because of inaccurate amendatory instruction. For the 
convenience of the user the amendatory instruction and text is set forth 
as follows:

    At 65 FR 77756, Dec. 13, 2000, Sec. 2.24 was amended in part by 
adding paragraph (a)(14).

Sec. 2.24  Assistant Secretary for Administration.

    (a) * * *
    (14) Related to budget and finance. Exercise general financial and 
budget authority over all organizations assigned to the Assistant 
Secretary for Administration.

                                * * * * *
