83 FR 22177 - Revision of Delegations of Authority and Commodity Credit Corporation Board of Directors Meeting Requirements
DEPARTMENT OF AGRICULTURE
Office of the Secretary
Commodity Credit Corporation Federal Register Volume 83, Issue 93 (May 14, 2018)
Office of the Secretary
Commodity Credit Corporation
Federal Register Volume 83, Issue 93 (May 14, 2018)
| Page Range | 22177-22190 | |
| FR Document | 2018-10133 |
[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)] [Rules and Regulations] [Pages 22177-22190] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10133] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. ======================================================================== Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations [[Page 22177]] DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 2 Commodity Credit Corporation 7 CFR Part 1409 RIN-0503-AA62 Revision of Delegations of Authority and Commodity Credit Corporation Board of Directors Meeting Requirements AGENCY: Office of the Secretary, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Secretary of Agriculture is authorized to delegate functions, powers, and duties as the Secretary deems appropriate. This document amends the existing delegations of authority by adding and modifying certain delegations, as explained in the Supplementary Information section below. In addition, it repeals regulations governing meetings of the Commodity Credit Corporation Board of Directors. DATES: Effective May 14, 2018. FOR FURTHER INFORMATION CONTACT: Melissa McClellan, Office of the General Counsel, (202) 720-5565, [email protected]. SUPPLEMENTARY INFORMATION: This rule makes several changes to the United States Department of Agriculture's (USDA) delegations of authority in 7 CFR part 2 by adding new delegations and modifying existing delegations. It also repeals Part 1409, Meetings of the Board of Directors of Commodity Credit Corporation. Overview of Changes A. Trade and Foreign Agricultural Affairs This rule revises the delegations of authority to reflect the establishment of the new Under Secretary for Trade and Foreign Agricultural Affairs (TFAA) position, as authorized by Congress under the Agricultural Act of 2014 (7 U.S.C. 6935). The rule also implements the realignment of the Foreign Agricultural Service (FAS) and U.S. Codex Office to comprise the new TFAA mission area. See Secretary's Memorandum (SM) 1076-017 (May 11, 2017), available at https://www.ocio.usda.gov/document/secretarys-memorandum-1076-017, and SM 1076- 018 (Nov. 14, 2017), available at https://www.ocio.usda.gov/document/secretarys-memorandum-1076-018. See also 82 FR 22802-02 (May 18, 2017); 82 FR 42781-01 (Sept. 12, 2017). This rule adds a new section of delegations by the Secretary to the Under Secretary for TFAA at Sec. 2.26. The rule further adds a new Subpart U titled ``Delegations of Authority by the Under Secretary of Trade and Foreign Agricultural Affairs.'' The rule establishes a new Sec. 2.600 with delegations to the Deputy Under Secretary for TFAA, in the event a Deputy Under Secretary is appointed. The delegations of authority to the Administrator, FAS previously located at Sec. 2.43 under Subpart F--Delegations of Authority by the Under Secretary for Farm and Foreign Agricultural Services are now located under Subpart U at Sec. 2.601. The rule further establishes a new Sec. 2.602 with delegations to the Manager, U.S. Codex Office. B. Farm Production and Conservation This rule also revises the delegations to reflect the change in title of the former Under Secretary for Farm and Foreign Agricultural Services (FFAS) to the Under Secretary for Farm Production and Conservation (FPAC), as authorized by Section 772 of the Consolidated Appropriations Act, 2018 (Pub. L. 115-141) and section 4(a) of Reorganization Plan No. 2 of 1953 (5 U.S.C. App.; 7 U.S.C. 2201 note). The revisions reflect the realignment of the Natural Resources Conservation Service (NRCS) from the Natural Resources and Environment (NRE) mission area to the new FPAC mission area, which also includes the Farm Service Agency (FSA) and Risk Management Agency (RMA). See SM 1076-017 (May 11, 2017); 82 FR 22802-01 (May 18, 2017). The rule accordingly reassigns the delegations of authority related to natural resources and conservation previously delegated to the Under Secretary for NRE in Sec. 2.20 to the new Under Secretary for FPAC in Sec. 2.16. The delegations of authority to the Chief, NRCS previously located at Sec. 2.61 under Subpart J--Delegations of Authority by the Under Secretary for Natural Resources and Environment and adds them at Sec. 2.43 under the retitled Subpart F--Delegations of Authority by the Under Secretary for Farm Production and Conservation. This rule also adds a new delegation to the Administrator, FSA, through the Under Secretary for FPAC, to administer funds made available to the Secretary in the Further Supplemental Appropriations for Disaster Relief Requirements Act, 2018, Public Law 115-123, for expenses related to hurricanes and wildfires occurring in calendar year 2017. Throughout Part 2, references to the former Under Secretary for Farm and Foreign Agricultural Services are updated to refer either to the Under Secretary for FPAC or to the Under Secretary for TFAA, depending upon the context. C. Rural Development This rule further revises the delegations to reflect that the Rural Development agencies receive delegations from the Secretary through the Assistant to the Secretary for Rural Development, rather than through the former position of Under Secretary for Rural Development. The rule also removes the delegations to the former position of Deputy Under Secretary of Agriculture. Throughout Part 2, the titles of Under Secretary for Rural Development and Under Secretary for Rural and Economic Development are updated to read ``Assistant to the Secretary for Rural Development.'' The rule also incorporates a new delegation of authority to the Administrator of the Rural Utilities Service, through the Assistant to the Secretary for Rural Development, to issue waivers to the U.S. iron and steel requirements for the construction, alteration, maintenance, or repair of a public water or wastewater system in accordance with the authority granted to the Secretary under Section 746 of Division A of the Consolidated Appropriations Act, 2018, Public Law 115-141, and any subsequent appropriations acts. [[Page 22178]] D. Organic Cost Share Programs This rule also revises the delegations of authority to transfer the authority to administer USDA's two Organic Certification Cost Share Programs to the FSA Administrator. The authority to administer the Agricultural Management Assistance Organic Certification Cost Share Program, authorized under the Federal Crop Insurance Act (7 U.S.C. 1524(b)(4)(C)(ii)), was previously delegated to the Under Secretary for Natural Resources and the Environment, and to the Chief, NRCS. This rule revises the delegations to transfer the authority to administer the program to the Administrator, FSA through the Under Secretary for FPAC. Similarly, the authority to administer the National Organic Certification Cost Share Program, authorized under the Farm Security and Rural Investment Act of 2002, as amended by the Agricultural Act of 2014 (7 U.S.C. 6523), was previously delegated to the Administrator, Agricultural Marketing Service (AMS), through the Under Secretary for Marketing and Regulatory Programs. This rule revokes those delegations and transfers the responsibility for this program to the Administrator, FSA. See SM 1076-024 (Sept. 8, 2017) available at https://www.ocio.usda.gov/document/secretarys-memorandum-1076-024. E. General Counsel The rule also amends the delegations of the General Counsel at Sec. 2.31 to require that settlement agreements above certain monetary thresholds be reviewed and concurred in by the Office of the General Counsel. See SM 1076-020 (Jan. 4, 2018) available at https://www.ocio.usda.gov/document/secretarys-memorandum-1076-020. The rule includes a conforming revision to the general delegations of authority to supervise and direct, located at Sec. 2.7. F. Conforming Amendments In addition to the revisions outlined above, the rule updates the list of General Officers at Sec. 2.4 to include the Under Secretaries for TFAA and FPAC and the Assistant to the Secretary for RD, and removes obsolete titles. In addition, the rule updates cross-references to delegations for the former Under Secretary for FFAS and to the Administrator, FAS to reflect the new Under Secretary titles and CFR unit locations. G. Commodity Credit Corporation This rule also amends part 1409, Meeting of the Board of Directors of Commodity Credit Corporation (CCC), by removing and reserving the part. The regulations in part 1409 were issued in 1977 pursuant to the Government in the Sunshine Act, which applied to the CCC because, at that time, the CCC was an agency ``headed by a collegial body composed of two or more individual members, a majority of whom are appointed to such position by the President with the advice and consent of the Senate, and any subdivision thereof authorized to act on behalf of the agency.'' See 5 U.S.C. 552b; 42 FR 14673 (Mar. 16, 1977). Under the CCC Charter Act, the Secretary is ex officio Chairman of a seven-member Board of Directors. 15 U.S.C. 714g(a). At the time part 1409 was issued, members of the CCC Board of Directors were appointed by the President, by and with the advice and consent of the Senate. After part 1409 took effect, the CCC Board was required to make its meeting open to public observation, though the rules included a process for holding closed meetings. See 7 CFR 1409.3, 1409.4, and 1409.5. During the time following the application of the open-meeting requirements, the CCC Board held meetings infrequently because of the inability, in the presence of the public, to discuss or take action on matters of a market-sensitive nature. Since 1999, the CCC Board of Directors has held only one meeting, in May 2003. See 68 FR 25317-01 (May 12, 2003). The Presidential Appointment Efficiency and Streamlining Act of 2011 amended the CCC Charter Act to remove the Senate confirmation requirement for Board members. Public Law 112-166, sec. 2(a)(3) (Aug. 10, 2012). Accordingly, because the Government in the Sunshine Act no longer applies to the CCC Board of Directors, USDA is deleting the regulations at part 1409. Classification This rule relates to internal agency management. Accordingly, pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity for comment are not required, and this rule may be made effective less than 30 days after publication in the Federal Register. This rule also is exempt from the provisions of Executive Orders 12866 and 13771. This action is not a rule as defined by the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601 et seq., or the Congressional Review Act, 5 U.S.C. 801 et seq., and thus is exempt from the provisions of those acts. This rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). List of Subjects 7 CFR Part 2 Authority delegations (Government agencies) 7 CFR Part 1409 Sunshine Act Accordingly, under the authority of 7 U.S.C. 714b and as discussed in the preamble, 7 CFR parts 2 and 1409 are amended as follows: PART 2--DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE AND GENERAL OFFICERS OF THE DEPARTMENT 0 1. The authority citation for part 2 continues to read as follows: Authority: 7 U.S.C. 6912(a)(1); 5 U.S.C. 301; Reorganization Plan No. 2 of 1953, 3 CFR 1949-1953 Comp., p. 1024. 0 2. In part 2, revise all references to ``Under Secretary for Rural Development'' and ``Under Secretary for Rural Economic and Community Development'' to read ``Assistant to the Secretary for Rural Development''. Subpart A--General 0 3. Section 2.4 is revised to read as follows: Sec. 2.4 General Officers. The work of the Department is under the supervision and control of the Secretary who is assisted by the following general officers: The Deputy Secretary, the Under Secretary for Farm Production and Conservation; the Under Secretary for Food, Nutrition, and Consumer Services, the Under Secretary for Food Safety; the Under Secretary for Marketing and Regulatory Programs; the Under Secretary for Natural Resources and Environment; the Under Secretary for Research, Education, and Economics; the Under Secretary for Trade and Foreign Agricultural Affairs; the Assistant Secretary for Administration; the Assistant Secretary for Civil Rights; the Assistant Secretary for Congressional Relations; the Assistant to the Secretary for Rural Development; the Chief Economist; the Chief Financial Officer; the Chief Information Officer; the General Counsel; the Inspector General; the Judicial Officer; the Director, National Appeals Division; the Director, Office of Budget and Program Analysis; the Director, Office of Communications; the Director, Office of Small and Disadvantaged Business Utilization; and the Director, Office of Tribal Relations. [[Page 22179]] Subpart B--General Delegations of Authority by the Secretary of Agriculture 0 4. Amend Sec. 2.7 by revising the first sentence to read as follows: Sec. 2.7 Authority to Supervise and Direct. Unless specifically reserved, or otherwise delegated (including delegations of legal functions to the General Counsel at Sec. 2.31), the delegations of authority to each general officer of the Department and each agency head contained in this part includes the authority to direct and supervise the employees engaged in the conduct of activities under such official's jurisdiction, and the authority to take any action, execute any document, authorize any expenditure, promulgate any rule, regulation, order, or instruction required by or authorized by law and deemed by the general officer or agency head to be necessary and proper to the discharge of his or her responsibilities. * * * Subpart C--Delegations of Authority to the Deputy Secretary, Under Secretaries, and Assistant Secretaries 0 5. Amend Sec. 2.16 by: 0 a. Revising the section heading; 0 b. Revising paragraph (a) introductory text and (a)(1)(vi); 0 c. Adding paragraph (a)(1)(xi) 0 d. Revising paragraphs (a)(1)(xxvi) and (xxxii); 0 c. Adding paragraphs (a)(1)(xxxvii) and (xxxviii); and 0 d. Revising paragraphs (a)(3) and (10) and (b)(2). The revisions and additions read as follows: Sec. 2.16 Under Secretary for Farm Production and Conservation. (a) The following delegations of authority are made by the Secretary of Agriculture to the Under Secretary for Farm Production and Conservation: (1) * * * (vi) Conduct fiscal, accounting and claims functions relating to Commodity Credit Corporation (CCC) programs for which the Under Secretary for Farm Production and Conservation has been delegated authority. * * * * * (xi) Administer the Organic Certification Cost Share Programs authorized under the Federal Crop Insurance Act (7 U.S.C. 1524(b)(4)(C)(ii), and under the Farm Security and Rural Investment Act, as amended by the Agricultural Act of 2014 (7 U.S.C. 6523). [Reserved] * * * * * (xxvi) Administer the following provisions of the Farm Security and Rural Investment Act of 2002 with respect to functions otherwise delegated to the Under Secretary for Farm Production and Conservation: * * * * * (xxxii) Implement the authority in section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) to accept and use voluntary contributions of non-Federal funds in support of natural resources conservation programs under subtitle D of title XII of that Act with respect to authorities delegated to the Under Secretary for Farm Production and Conservation. * * * * * (xxxvii) Administer the funds made available to the Office of the Secretary under Title I of Subdivision B, Further Supplemental Appropriations for Disaster Relief Requirements Act, 2018, Public Law 115-123. (xxxviii) Determine the agricultural commodities acquired under price support programs which are available for export. * * * * * (3) Related to natural resources conservation. (i) Provide national leadership in the conservation, development and productive use of the Nation's soil, water, and related resources. Such leadership encompasses soil, water, plant, and wildlife conservation; small watershed protection and flood prevention; and resource conservation and development. Integrated in these programs are erosion control, sediment reduction, pollution abatement, land use planning, multiple use, improvement of water quality, and several surveying and monitoring activities related to environmental improvement. All are designed to assure: (A) Quality in the natural resource base for sustained use; (B) Quality in the environment to provide attractive, convenient, and satisfying places to live, work, and play; and (C) Quality in the standard of living based on community improvement and adequate income. (ii) Provide national leadership in and evaluate and coordinate land use policy, and administer the Farmland Protection Policy Act (7 U.S.C. 4201 et seq.), including the Farms for the Future Program authorized by sections 1465-1470 of the Food, Agriculture, Conservation, and Trade Act of 1990, as amended (7 U.S.C. 4201 note), except as otherwise delegated to the Under Secretary for Research, Education, and Economics in Sec. 2.21(a)(1)(lxii). (iii) Administer the basic program of soil and water conservation under Public Law 46, 74th Congress, as amended, and related laws (16 U.S.C. 590 a-f, i-l, q, q-1; 42 U.S.C. 3271-3274; 7 U.S.C. 2201), including: (A) Technical and financial assistance to land users in carrying out locally adapted soil and water conservation programs primarily through soil and water conservation districts in the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and Federally recognized Native American tribes, but also to communities, watershed groups, Federal and State agencies, and other cooperators. This authority includes such assistance as: (1) Comprehensive planning assistance in nonmetropolitan districts; (2) Assistance in the field of income-producing recreation on rural non-Federal lands; (3) Forestry assistance, as part of total technical assistance to private land owners and land users when such services are an integral part of land management and such services are not available from a State agency; and forestry services in connection with windbreaks and shelter belts to prevent wind and water erosion of lands; (4) Assistance in developing programs relating to natural beauty; and (5) Assistance to other USDA agencies in connection with the administration of their programs, as follows: (i) To the Farm Service Agency in the development and technical servicing of certain programs, such as the Agricultural Conservation Program and other such similar conservation programs; (ii) To the Rural Housing Service in connection with their loan and land disposition programs; (B) Soil Surveys, including: (1) Providing leadership for the Federal part of the National Cooperative Soil Survey which includes conducting and publishing soil surveys; (2) Conducting soil surveys for resource planning and development; and (3) Performing the cartographic services essential to carrying out the functions of the Natural Resources Conservation Service, including furnishing photographs, mosaics, and maps; (C) Conducting and coordinating snow surveys and making water supply forecasts pursuant to Reorganization Plan No. IV of 1940 (5 U.S.C. App.); (D) Operating plant materials centers for the assembly and testing of plant [[Page 22180]] species in conservation programs, including the use, administration, and disposition of lands under the administration of the Natural Resources Conservation Service for such purposes under title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1011); and (E) Providing leadership in the inventorying and monitoring of soil, water, land, and related resources of the Nation. (iv) Administer the Watershed Protection and Flood Prevention Programs, including: (A) The eleven authorized watershed projects authorized under 33 U.S.C. 702b-1; (B) The emergency flood control work under 33 U.S.C. 701b-1; (C) The Cooperative River Basin Surveys and Investigations Programs under 16 U.S.C. 1006; (D) The pilot watershed projects under 16 U.S.C. 590 a-f and 16 U.S.C. 1001-1009; (E) The Watershed Protection and Flood Prevention Program under 16 U.S.C. 1001-1010, including rehabilitation of water resource structural measures constructed under certain Department of Agriculture programs under 16 U.S.C. 1012, except for responsibilities assigned to the Assistant to the Secretary for Rural Development. (F) The joint investigations and surveys with the Department of the Army under 16 U.S.C. 1009; and (G) The Emergency Conservation Program and the Emergency Watershed Protection Program under sections 401-405 of the Agricultural Credit Act of 1978, 16 U.S.C. 2201-2205, except for the provisions of sections 401 and 402, 16 U.S.C. 2201-2202, as administered by the Under Secretary for Farm Production and Conservation. (v) Administer the Great Plains Conservation Program and the Critical Lands Resources Conservation Program under 16 U.S.C. 590p(b), 590q and 590q-3. (vi) Administer the Resource Conservation and Development Program under 16 U.S.C. 590 a-f; 7 U.S.C. 1010-1011; and 16 U.S.C. 3451-3461, except for responsibilities assigned to the Assistant to the Secretary for Rural Development. (vii) Responsibility for entering into long-term contracts for carrying out conservation and environmental measures in watershed areas. (viii) Provide national leadership for and administer the Soil and Water Resources Conservation Act of 1977 (16 U.S.C. 2001 et seq.). (ix) Administer the Rural Clean Water Program and other responsibilities assigned under section 35 of the Clean Water Act of 1977 (33 U.S.C. 1251 et seq.). (x) Monitor actions and progress of USDA in complying with Executive Order 11988, Flood Plain Management, 3 CFR, 1977 Comp., p. 117, and Executive Order 11990, Protection of Wetlands, 3 CFR, 1977 Comp., p. 121, regarding management of floodplains and protection of wetlands; monitor USDA efforts on protection of important agricultural, forest and rangelands; and provide staff assistance to the USDA Natural Resources and Environment Committee. (xi) Administer the search and rescue operations authorized under 7 U.S.C. 2273. (xii) Administer section 202(c) of the Colorado River Basin Salinity Control Act, 43 U.S.C. 1592(c), including: (A) Identify salt source areas and determine the salt load resulting from irrigation and watershed management practices; (B) Conduct salinity control studies of irrigated salt source areas; (C) Provide technical and financial assistance in the implementation of salinity control projects including the development of salinity control plans, technical services for application, and certification of practice applications; (D) Develop plans for implementing measures that will reduce the salt load of the Colorado River; (E) Develop and implement long-term monitoring and evaluation plans to measure and report progress and accomplishments in achieving program objectives; and (F) Enter into and administer contracts with program participants and waive cost-sharing requirements when such cost-sharing requirements would result in a failure to proceed with needed on-farm measures. (xiii) Except as otherwise delegated, administer natural resources conservation authorities, including authorities related to programs of the Commodity Credit Corporation that provide assistance with respect to natural resources conservation, under Title XII of the Food Security Act of 1985 (the Act), as amended (16 U.S.C. 3801 et seq.), including the following: (A) Technical assistance related to the conservation of highly erodible lands and wetlands pursuant to sections 1211-1223 of the Act (16 U.S.C. 3811-3823). (B) Technical assistance related to the Conservation Reserve Program authorized by sections 1231-1235A of the Act (16 U.S.C. 3831- 3835a). (C) The Wetlands Reserve Program and the Emergency Wetlands Reserve Program authorized by sections 1237-1237F of the Act (16 U.S.C. 3837- 3837f) and the Emergency Supplemental Appropriations for Relief from the Major, Widespread Flooding in the Midwest Act, Public Law 103-75. (D) The Conservation Security Program authorized by sections 1238- 1238C (16 U.S.C. 3838-3838c) and the Conservation Stewardship Program authorized by sections 1238D-1238G (16 U.S.C. 3838d-3838g). (E) The Farmland Protection Program authorized by sections 1238H- 1238I of the Act (16 U.S.C. 3838h-3838i). (F) The Farm Viability Program authorized by section 1238J of the Act (16 U.S.C. 3838j). (G) The Environmental Easement Program authorized by sections 1239- 1239D of the Act (16 U.S.C. 3839-3839d). (H) The Environmental Quality Incentives Program authorized by sections 1240-1240I of the Act (16 U.S.C. 3839aa-3839aa-9). (I) The conservation of private grazing lands authorized by section 1240M of the Act (16 U.S.C. 3839bb). (J) The Wildlife Habitat Incentives Program authorized by section 1240N of the Act (16 U.S.C. 3839bb-1). (K) The program for soil erosion and sedimentation control in the Great Lakes basin authorized by section 1240P of the Act (16 U.S.C. 3839bb-3). (L) The delivery of technical assistance under section 1242 of the Act (16 U.S.C. 3842), including the approval of persons or entities outside of USDA to provide technical services. (M) The authority for partnerships and cooperation provided by section 1243 of the Act (16 U.S.C. 3843). (N) The incentives for certain farmers and ranchers and Indian tribes and the protection of certain proprietary information related to natural resources conservation programs as provided by section 1244 of the Act (16 U.S.C. 3844). (O) The Agriculture Conservation Experienced Services Program authorized by section 1252 of the Act (16 U.S.C. 3851). (P) The authority under sections 1261-1262 of the Act (16 U.S.C. 3861-3862) to establish and utilize State Technical Committees. (Q) The Grassland Reserve Program under sections 1238N-1238Q of the Act (16 U.S.C. 3838n-3838q). (R) The authority in section 1241 of the Act (16 U.S.C. 3841) to accept and use voluntary contributions of non-Federal funds in support of natural resources conservation programs under subtitle D of title XII of the Act with [[Page 22181]] respect to authorities delegated to the Under Secretary for Farm Production and Conservation. (S) The Agricultural Conservation Easement Program authorized by sections 1265-1265D of the Act (16 U.S.C. 3865-3865d). (T) The Regional Conservation Partnership Program authorized by sections 1271-1271F (16 U.S.C. 3871-3871f). (U) The Voluntary Public Access and Habitat Incentive Program authorized by section 1240R of the Act (16 U.S.C. 3839bb-5). (V) A wetlands mitigation banking program authorized by section 1222(k) of the Act (16 U.S.C. 3822(k)). (xiv) Approve and transmit to the Congress comprehensive river basin reports. (xv) Provide representation on the Water Resources Council and river basin commissions created by 42 U.S.C. 1962, and on river basin interagency committees. (xvii) Administer the Water Bank Program under the Water Bank Act (16 U.S.C. 1301 et seq.). (xviii) [Reserved] (xix) Coordinate USDA input and assistance to the Department of Commerce and other Federal agencies consistent with section 307 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456), and coordinate USDA review of qualifying state and local government coastal management plans or programs prepared under such Act and submitted to the Secretary of Commerce, consistent with section 306(a) and (c) of such Act (16 U.S.C. 1455(a) and (c)). (xx) Administer the Healthy Forests Reserve Program authorized by sections 501-508, Title V of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571-6578). (xxi) Implement the information disclosure authorities of section 1619(b)(3)(A) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8791(b)(3)(A)). (xxii) In coordination with the Director, Office of Advocacy and Outreach, issue receipts under section 2501A(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1(e)). (xxiii) Authorize employees of the Natural Resources Conservation Service to carry and use firearms for personal protection while conducting field work in remote locations in the performance of their official duties (7 U.S.C. 2274a). (xxiv) Conduct activities that assist the Chief Economist in developing guidelines regarding the development of environmental services markets. (xxv) Administer the Terminal Lakes assistance program authorized by section 2507 of the Farm Security and Rural Investment Act of 2002 (16 U.S.C. 3839bb-6). * * * * * (10) Carry out prize competition authorities in section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) related to functions otherwise delegated to the Under Secretary for Farm Production and Conservation, except for authorities delegated to the Chief Financial Officer in Sec. 2.28(a)(29) and authorities reserved to the Secretary in paragraph (b)(4) of this section. (b) * * * (2) Related to natural resources conservation. Designation of new project areas in which the resource conservation and development program assistance will be provided. * * * * * 0 6. Amend Sec. 2.17 by adding paragraph (a)(20)(xiv) to read as follows: Sec. 2.17 Assistant to the Secretary for Rural Development. (a) * * * (20) * * * (xiv) Administer the authority under section 746 of Division A of the Consolidated Appropriations Act, 2018 (Pub. L. 115-141), and any successor provisions in subsequent appropriations acts, to issue waivers to the U.S. iron and steel requirements for the construction, alteration, maintenance, or repair of a public water or wastewater system. * * * * * Sec. 2.20 [Amended] 0 7. Amend Sec. 2.20 by removing and reserving paragraph (a)(3). Sec. 2.22 [Amended] 0 8. Amend Sec. 2.22 by: 0 a. Revising all references to ``2.16(a)(3)(x)'' to read ``2.26(a)(1)(x)''; 0 b. Revising all references to ``Under Secretary for Farm and Foreign Agricultural Services'' to read ``Under Secretary for Trade and Foreign Agricultural Affairs''; and 0 c. Removing and reserving paragraph (a)(1)(viii)(DDD). 0 9. Add Sec. 2.26 to read as follows: Sec. 2.26 Under Secretary for Trade and Foreign Agricultural Affairs. (a) The following delegations of authority are made by the Secretary of Agriculture to the Under Secretary for Trade and Foreign Agricultural Affairs: (1) Related to foreign agriculture. (i) Coordinate the carrying out by Department agencies of their functions involving foreign agricultural policies and programs and their operations and activities in foreign areas. Act as liaison on these matters and functions relating to foreign agriculture between the Department of Agriculture and the Department of State, the United States Trade Representative, the Trade Policy Committee, the Agency for International Development, and other departments, agencies, and committees of the U.S. Government, foreign governments, the Organization for Economic Cooperation and Development, the European Union, the Food and Agriculture Organization of the United Nations, the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Organization of American States, and other public and private U.S. and international organizations, and the contracting parties to the World Trade Organization (WTO). (ii) Administer Departmental programs concerned with development of foreign markets for agricultural products of the United States except functions relating to export marketing operations under section 32 of the Act of August 23, 1935, as amended (7 U.S.C. 612c), delegated to the Under Secretary for Marketing and Regulatory Programs, and utilization research delegated to the Under Secretary for Research, Education, and Economics. (iii) Conduct studies of worldwide production, trade, marketing, prices, consumption, and other factors affecting exports and imports of U.S. agricultural commodities; obtain information on methods used by other countries to move farm commodities in world trade on a competitive basis for use in the development of programs of this Department; provide information to domestic producers, the agricultural trade, the public and other interests; and promote normal commercial markets abroad. This delegation excludes basic and long-range analyses of world conditions and developments affecting supply, demand, and trade in farm products and general economic analyses of the international financial and monetary aspects of agricultural affairs as assigned to the Under Secretary for Research, Education, and Economics. (iv) Conduct functions of the Department relating to WTO, the Trade Expansion Act of 1962 (19 U.S.C. 1801 et seq.), the Trade Act of 1974 (19 U.S.C. 2101 et seq.), the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.), the Omnibus Trade and Competition Act of 1988 (19 U.S.C. 2901 et seq.), the provisions of subtitle B of title III of the North American Free Trade Agreement [[Page 22182]] Implementation Act, and other legislation affecting international agricultural trade including the programs designed to reduce foreign tariffs and other trade barriers. (v) Maintain a worldwide agricultural intelligence and reporting system, including provision for foreign agricultural representation abroad to protect and promote U.S. agricultural interests and to acquire information on demand, competition, marketing, and distribution of U.S. agricultural commodities abroad pursuant to title VI of the Agricultural Act of 1954, as amended (7 U.S.C. 1761-1768). (vi) Exercise the Department's functions with respect to the International Coffee Agreement or any such future agreement. (vii) Administer functions of the Department relating to import controls, except those functions reserved to the Secretary in paragraph (b) of this section and those relating to section 8e of the Agricultural Act of 1938 (7 U.S.C. 608e-1), as assigned to the Under Secretary for Marketing and Regulatory Programs. These include: (A) Functions under section 22 of the Agricultural Adjustment Act of 1933, as amended (7 U.S.C. 624); (B) General note 15(c) to the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202); (C) Requests for emergency relief from duty-free imports of perishable products filed with the Department of Agriculture under section 213(f) of the Caribbean Basin Recovery Act of 1983 (19 U.S.C. 2703(f)); (D) Section 404 of the Trade and Tariff Act of 1984 (19 U.S.C. 2112 note); (E) Section 204(d) of the Andean Trade Preference Act (19 U.S.C. 3203(d)); (F) Functions under sections 309 and 316 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3358 and 3381); (G) Section 301(a) of the United States-Canada Free Trade Agreement Implementation Act (19 U.S.C. 2112 note); and (H) Section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854). (viii) Conduct Department activities to carry out the provisions of the Export Administration Act of 1979, as amended (50 U.S.C. Chapter 56). (ix) Exercise the Department's responsibilities in connection with international negotiations of the Grains Trade Convention and in the administration of such Convention. (x) Plan and carry out programs and activities under the foreign market promotion authority of: The Wheat Research and Promotion Act (7 U.S.C. 1292 note); the Cotton Research and Promotion Act (7 U.S.C. 2101-2118); the Potato Research and Promotion Act (7 U.S.C. 2611-2627); the Egg Research and Consumer Information Act of 1974 (7 U.S.C. 2701- 2718); the Beef Research and Information Act, as amended (7 U.S.C. 2901-2911); the Wheat and Wheat Foods Research and Nutrition Education Act (7 U.S.C. 3401-3417); the Floral Research and Consumer Information Act of 1981 (7 U.S.C. 4301-4319); subtitle B of title I of the Dairy and Tobacco Adjustment Act of 1983 (7 U.S.C. 4501-4514); the Honey Research, Promotion, and Consumer Information Act of 1984, as amended (7 U.S.C. 4601-4613); the Pork Promotion, Research, and Consumer Information Act of 1985 (7 U.S.C. 4801-4819); the Watermelon Research and Promotion Act, as amended (7 U.S.C. 4901-4916); the Pecan Promotion and Research Act of 1990 (7 U.S.C. 6001-6013); the Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6101-6112); the Lime Research, Promotion, and Consumer Information Act of 1990 (7 U.S.C. 6201-6212); the Soybean Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6301-6311); the Fluid Milk Promotion Act of 1990 (7 U.S.C. 6401-6417); the Fresh Cut Flowers and Fresh Cut Greens Promotion and Consumer Information Act (7 U.S.C. 6801-6814); the Sheep Promotion, Research, and Information Act of 1994 (7 U.S.C. 7101- 7111); the Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7411-7425); the Canola and Rapeseed Research, Promotion, and Consumer Information Act (7 U.S.C. 7441-7452); the National Kiwifruit Research, Promotion, and Consumer Information Act (7 U.S.C. 7461-7473); and, the Popcorn Promotion, Research, and Consumer Information Act (7 U.S.C. 7481-7491). This authority includes determining the programs and activities to be undertaken and assuring that they are coordinated with the overall departmental programs to develop foreign markets for U.S. agricultural products. (xi) Formulate policies and administer barter programs under which agricultural commodities are exported. (xii) Perform functions of the Department in connection with the development and implementation of agreements to finance the sale and exportation of agricultural commodities under the Food for Peace Act (7 U.S.C. 1691, 1701 et seq.). (xiii) [Reserved] (xiv) Coordinate within the Department activities arising under the Food for Peace Act (except as delegated to the Under Secretary for Research, Education, and Economics in Sec. 2.21(a)(8)), and represent the Department in its relationships in such matters with the Department of State, any interagency committee on the Food for Peace Act, and other departments, agencies and committees of the Government. (xv)-(xvi) [Reserved] (xvii) Carry out activities relating to the sale, reduction, or cancellation of debt, as authorized by title VI of the Agricultural Trade and Development Act of 1954, as amended (7 U.S.C. 1738 et seq.). (xviii) [Reserved] (xix) Allocate the agricultural commodities acquired under price support programs that have been determined by the Under Secretary for Farm Production and Conservation or designee to be available for export among the various export programs. (xx) Conduct economic analyses pertaining to the foreign sugar situation. (xxi) Exercise the Department's functions with respect to the International Sugar Agreement or any such future agreements. (xxii) Exercise the Department's responsibilities with respect to tariff-rate quotes for dairy products under chapter 4 of the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202). (xxiii) Serve as a focal point for handling quality or weight discrepancy inquiries from foreign buyers of U.S. agricultural commodities to insure that they are investigated and receive a timely response and that reports thereof are made to appropriate parties and government officials in order that corrective action may be taken. (xxiv) Establish and administer regulations relating to foreign travel by employees of the Department. Regulations will include, but not be limited to, obtaining and controlling passports, obtaining visas, coordinating Department of State medical clearances and imposing requirements for itineraries and contacting the Foreign Agricultural Affairs Officers upon arrival in the Officers' country(ies) of responsibility. (xxv) Formulate policies and administer programs and activities authorized by the Agricultural Trade Act of 1978, as amended (7 U.S.C. 5601 et seq.). (xxvi) Administer the Foreign Service personnel system for the Department in accordance with 22 U.S.C. 3922, except as otherwise delegated to the Under Secretary for Marketing and Regulatory Programs in Sec. 2.22(a)(2)(i), but including [[Page 22183]] authority to approve joint regulations issued by the Department of State and authority to represent the Department of Agriculture in all interagency consultations and negotiations with the other foreign affairs agencies with respect to joint regulations. (xxvii) Establish and maintain U.S. Agricultural Trade Offices, to develop, maintain and expand international markets for U.S. agricultural commodities in accordance with title IV of Public Law No. 95-501 (7 U.S.C. 1765a-g). (xxviii) Administer the programs under section 416(b) of the Agricultural Act of 1949, as amended (7 U.S.C. 1431(b)), relating to the foreign donation of CCC stocks of agricultural commodities, except as otherwise delegated in Sec. 2.42(a)(43). (xxix) Support remote sensing activities of the Department and research with satellite imagery including: (A) Providing liaison with U.S. space programs; (B) Providing administrative management of the USDA Remote Sensing Archive and the transfer of satellite imagery to all USDA agencies; (C) Coordinating all agency satellite imagery data needs; and (D) Arranging for acquisition, and preparation of imagery for use to the extent of existing capabilities. (xxx) [Reserved] (xxxi) Administer programs under the Food for Progress Act of 1985 (7 U.S.C. 1736o), except as otherwise delegated in Sec. 2.42(a)(43). (xxxii) Serve as Department adviser on policies, organizational arrangements, budgets, and actions to accomplish international scientific and technical cooperation in food and agriculture. (xxxiii) Administer and direct the Department's programs in international development, technical assistance, and training carried out under the Foreign Assistance Act, as amended, as requested under such act (22 U.S.C. 2151 et seq.). (xxxiv) Administer and coordinate assigned Departmental programs in international research and scientific and technical cooperation with other governmental agencies, land grant universities, international organizations, international agricultural research centers, and other organizations, institutions, or individuals (7 U.S.C. 1624, 3291). (xxxv) Direct and coordinate the Department's participation in scientific and technical matters and exchange agreements between the United States and other countries. (xxxvi) Direct and coordinate the Department's work with international organizations and interagency committees concerned with food and agricultural development programs (7 U.S.C. 2201-2202). (xxxvii) Coordinate policy formulation for USDA international science and technology programs concerning international agricultural research centers, international organizations, and international agricultural research and extension activities (7 U.S.C. 3291). (xxxviii) Disseminate, upon request, information on subjects connected with agriculture which has been acquired by USDA agencies that may be useful to the U.S. private sector in expanding foreign markets and investment opportunities through the operation of a Department information center, pursuant to 7 U.S.C. 2201. (xxxix) Enter into contracts, grants, cooperative agreements, and cost reimbursable agreements relating to agricultural research, extension, or teaching activities (7 U.S.C. 3318, 3319a). (xl) Determine amounts reimbursable for indirect costs under international agricultural programs and agreements (7 U.S.C. 3319). (xli) Administer the Cochran Fellowship Program (7 U.S.C. 3293). (xlii) Determine quantity trigger levels and impose additional duties under the special safeguard measures in accordance with U.S. note 2 to subchapter IV of chapter 99 of the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202). (xliii) Implement provisions of the Trade Act of 1974 regarding adjustment assistance for farmers (19 U.S.C. 2401-2401g). (xliv) Implement section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1). (xlv) [Reserved] (xlvi) Implement section 3206 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 1726c) regarding local and regional food aid procurement projects. (xlvii) Administer the Borlaug International Agricultural Science and Technology Fellowship Program (7 U.S.C. 3319j). (xlviii) [Reserved] (xlix) Administer the following provisions of the Agricultural Act of 2014, Public Law 113-79: (A) Section 12314 relating to the Pima Agriculture Cotton Trust Fund (7 U.S.C. 2101 note), in coordination with the Under Secretary for Farm Production and Conservation. (B) Section 12315 relating to the Agriculture Wool Apparel Manufacturers Trust Fund (7 U.S.C. 7101 note), in coordination with the Under Secretary for Farm Production and Conservation. (2) [Reserved] (3) Administer responsibilities and functions assigned under the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), and title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195 et seq.), concerning foreign agricultural intelligence and other foreign agricultural matters. (4) Carry out prize competition authorities in section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) related to functions otherwise delegated to the Under Secretary for Trade and Foreign Agricultural Affairs, except for authorities delegated to the Chief Financial Officer in Sec. 2.28(a)(29) and authorities reserved to the Secretary in paragraph (b)(2) of this section. (5) Related to the U.S. Codex Office. (i) Inform the public of the sanitary and phytosanitary standard-setting activities of the Codex Alimentarius Commission (19 U.S.C. 2578; Pres. Proc. 6780). (ii) Enter into agreements with organizations, institutions or individuals throughout the world to conduct activities related to the sanitary and phytosanitary standard-setting activities of the Codex Alimentarius Commission, including international outreach and education, in order to promote and support the development of a viable and sustainable global agricultural system; antihunger and improved international nutrition efforts; and increased quantity, quality, and availability of food (7 U.S.C. 3291). (iii) Coordinate with institutions and other persons throughout the world performing agricultural and related research, extension, and teaching activities by exchanging research materials and results with such institutions or persons or by conducting with such institutions or persons joint or coordinated research, extension, or teaching activities that are related to the sanitary and phytosanitary standard- setting activities of the Codex Alimentarius Commission and that address problems of significance to food and agriculture in the United States (7 U.S.C. 3291). (iv) Work with transitional and more advanced countries in food, agricultural, and related research, development, teaching, and extension activities related to the sanitary and phytosanitary standard-setting activities of the Codex [[Page 22184]] Alimentarius Commission (7 U.S.C. 3291). (v) Enter into contracts, grants, cooperative agreements, and cost reimbursable agreements to carry out the Department's agricultural research, extension, or teaching activities related to the sanitary and phytosanitary standard-setting activities of the Codex Alimentarius Commission (7 U.S.C. 3318, 3319a). (vi) Determine amounts reimbursable for indirect costs under international agricultural programs and agreements (7 U.S.C. 3319). (vii) Coordinate policy formulation for USDA international science and technology programs concerning the sanitary and phytosanitary standard-setting activities of the Codex Alimentarius Commission (7 U.S.C. 3291). (b) The following authorities are reserved to the Secretary of Agriculture: (1) Related to foreign agriculture. (i) Approving export controls with respect to any agricultural commodity, including fats and oils or animal hides or skins as provided for in the Export Administration Act of 1969, as amended (50 U.S.C. App. 2401 et seq.). (ii) Advising the President that imports are having the effect on programs or operations of this Department required as a prerequisite for the imposition of import controls under section 22 of the Agricultural Adjustment Act of 1933, as amended (7 U.S.C. 624a), recommending that the President cause an investigation to be made by the Tariff Commission of the facts so that a determination can be made whether import restrictions should be imposed under that Act, and determining under section 204(e) of the Andean Trade Preference Act (19 U.S.C. 3203(e)) that there exists a serious injury, or threat thereof and recommending to the President whether or not to take action. (iii) Determining the agricultural commodities and the quantities thereof available for disposition under the Food for Peace Act (7 U.S.C. 1731). (2) Approval of prize competitions that may result in the award of more than $1,000,000 in cash prizes under section 24(m)(4)(B) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719(m)(4)(B)). Subpart D--Delegations of Authority to Other General Officers and Agency Heads 0 10. Amend Sec. 2.31 by revising paragraph (a)(18) and adding paragraphs (a)(19) and (20) to read as follows: Sec. 2.31 General Counsel. (a) * * * (18) Conduct legal sufficiency reviews and concur before a proposed settlement offer is made to an opposing party for all informal and formal Equal Employment Opportunity (EEO), Office of Special Counsel (OSC), or Merit Systems Protection Board (MSPB) complaints that: (i) Require a payment of compensatory damages or attorney's fees resulting in costs to the Department totaling $50,000 or more; or (ii) Are brought by, or allege discriminatory conduct by, any political appointee; or (iii) Place any political appointee on a detail outside the Department or on an Intergovernmental Personnel Act (IPA) agreement for one year or more if the Department retains the obligation to pay the employee's salary and benefits during the duration of the detail or IPA agreement. (19) Review monetary settlement agreements of any dollar amount negotiated by USDA offices or agencies upon request except that legal sufficiency review conducted by and concurrence from the Office of the General Counsel is required prior to execution for all proposed settlement agreements negotiated by USDA offices or agencies totaling $500,000 or more, including attorney's fees. This required review is in addition to existing delegations of authority and processes for USDA offices' or agencies' processing of settlement agreements. This required review does not apply to: (i) Settlements pursuant to the Federal Tort Claims Act, which the Office of the General Counsel handles pursuant to paragraph (a)(1) of this section; (ii) Settlements for personnel matters, which the Office of the General Counsel handles pursuant to paragraph (a)(18) of this section; (iii) Settlement of contract claims, which contracting officers handle pursuant to the Contract Disputes Act (41 U.S.C. 601 et seq.) and Federal Acquisition Regulation (48 CFR parts 1 through 99); or (iv) Settlement of USDA offices' or agencies' debt collection actions. (20) Conduct legal sufficiency reviews and concur with all proposed agency contracts or other transactions to retain outside counsel or for the provision of legal services regardless of whether an agency has specific statutory authority to retain outside counsel or legal services. The following services do not require legal sufficiency review and concurrence from the Office of the General Counsel: Contracts for the provision of services in relation to USDA office's and agencies' Freedom of Information Act activities; contracts for the performance of trademark searches or other trademark or copyright related services; or contracts for the performance of patent prosecution or other related patent services. * * * * * Subpart F--Delegations of Authority by the Under Secretary for Farm Production and Conservation 0 11. The heading for subpart F is revised to read as set forth above. 0 12. Revise Sec. 2.40 to read as follows: Sec. 2.40 Deputy Under Secretary for Farm Production and Conservation. Pursuant to Sec. 2.16(a), subject to reservations in Sec. 2.16(b), and subject to policy guidance and direction by the Under Secretary, the following delegation of authority is made to the Deputy Under Secretary for Farm Production and Conservation, to be exercised only during the absence or unavailability of the Under Secretary: Perform all the duties and exercise all the powers which are now or which may hereafter be delegated to the Under Secretary for Farm Production and Conservation: Provided, that this authority shall be exercised by the respective Deputy Under Secretary in the order in which he or she has taken office as a Deputy Under Secretary. 0 13. Amend Sec. 2.42 by: 0 a. Revising paragraph (a) introductory text; 0 b. Removing the citation ``Sec. 2.43'' and adding in its place the citation ``Sec. 2.601'' in paragraph (a)(7); 0 c. Removing the words ``Under Secretary for Farm and Foreign Agricultural Services'' and adding in their place the words ``Under Secretary for Trade and Foreign Agricultural Affairs'' in paragraph (a)(11); 0 d. Removing the words ``Under Secretary for Farm and Foreign Agricultural Services'' and adding in their place the words ``Under Secretary for Farm Production and Conservation'' in paragraph (a)(45); 0 e. Adding paragraphs (a)(60), (61), and (62); and 0 f. Removing the words ``Under Secretary for Farm and Foreign Agricultural Affairs'' and adding in their place the words ``Under Secretary for Farm Production and Conservation'' in paragraph (b) introductory text. The revisions and additions read as follows: Sec. 2.42 Administrator, Farm Service Agency. (a) Delegations. Pursuant to Sec. 2.16(a)(1) and (2) and (a)(6) through [[Page 22185]] (8), subject to the reservations in Sec. 2.16(b)(1), the following delegations of authority are made by the Under Secretary for Farm Production and Conservation to the Administrator, Farm Service Agency: * * * * * (60) Administer the funds made available to the Office of the Secretary under Title I of Subdivision B, Further Supplemental Appropriations for Disaster Relief Requirements Act, 2018, Public Law 115-123. (61) Administer the Organic Certification Cost Share Programs authorized under the Federal Crop Insurance Act (7 U.S.C. 1524(b)(4)(C)(ii), and under the Farm Security and Rural Investment Act, as amended by the Agricultural Act of 2014 (7 U.S.C. 6523). (62) Determine the agricultural commodities acquired under price support programs which are available for export. * * * * * 0 14. Revise Sec. 2.43 to read as follows: Sec. 2.43 Chief, Natural Resources and Conservation Service. (a) Delegations. Pursuant to Sec. 2.16(a)(3), subject to reservations in Sec. 2.16(b) of this chapter, the following delegations of authority are made by the Under Secretary for Farm Production and Conservation to the Chief of the Natural Resources Conservation Service: (1) Provide national leadership in the conservation, development and productive use of the Nation's soil, water, and related resources. Such leadership encompasses soil, water, plant, and wildlife conservation; small watershed protection and flood prevention; and resource conservation and development. Integrated in these programs are erosion control, sediment reduction, pollution abatement, land use planning, multiple use, improvement of water quality, and several surveying and monitoring activities related to environmental improvement. All are designed to assure: (i) Quality in the natural resource base for sustained use; (ii) Quality in the environment to provide attractive, convenient, and satisfying places to live, work, and play; and (iii) Quality in the standard of living based on community improvement and adequate income. (2) Provide national leadership in evaluating and coordinating land use policy, and administer the Farmland Protection Policy Act (7 U.S.C. 4201 et seq.), including the Farms for the Future Program authorized by sections 1465-1470 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 4201 note), except as otherwise delegated to the Administrator, Agricultural Research Service in Sec. 2.65(a)(80) and the Director, National Institute of Food and Agriculture in Sec. 2.66(a)(76). (3) Administer the basic program of soil and water conservation under Public Law No. 46, 74th Congress, as amended, and related laws (16 U.S.C. 590a-f, 1-1, q, q-1; 42 U.S.C. 3271-3274; 7 U.S.C. 2201), including: (i) Technical and financial assistance to land users in carrying out locally adapted soil and water conservation programs primarily through soil and water conservation districts in the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and Federally recognized Native American tribes, but also to communities, watershed groups, Federal and State agencies, and other cooperators. This authority includes such assistance as: (A) Comprehensive planning assistance in nonmetropolitan districts; (B) Assistance in the field of income-producing recreation on rural non-Federal lands; (C) Forestry assistance, as part of total technical assistance to private land owners and land users when such services are an integral part of land management and such services are not available from a State agency; and forestry services in connection with windbreaks and shelter belts to prevent wind and water erosion of lands; (D) Assistance in developing programs relating to natural beauty; and (E) Assistance to other USDA agencies in connection with the administration of their programs, as follows: (1) To the Farm Service Agency in the development and technical servicing of certain programs, such as the Agricultural Conservation Program and other such similar conservation programs; (2) To the Rural Housing Service in connection with their loan and land disposition programs. (ii) Soil Surveys, including: (A) Providing leadership for the Federal part of the National Cooperative Soil Survey which includes conducting and publishing soil surveys; (B) Conducting soil surveys for resource planning and development; and (C) Performing the cartographic services essential to carrying out the functions of the Natural Resources Conservation Service, including furnishing photographs, mosaics, and maps. (iii) Conducting and coordinating snow surveys and making water supply forecasts pursuant to Reorganization Plan No. IV of 1940 (5 U.S.C. App.); (iv) Operating plant materials centers for the assembly and testing of plant species in conservation programs, including the use, administration, and disposition of lands under the administration of the Natural Resources Conservation Service for such purposes under title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1011); and (v) Providing leadership in the inventorying and monitoring of soil, water, land, and related resources of the Nation. (4) Administer the Watershed Protection and Flood Prevention Programs, including: (i) The eleven authorized watershed projects authorized under 33 U.S.C. 702b-1, except for responsibilities assigned to the Forest Service; (ii) The emergency flood control work under 33 U.S.C. 701b-1, except for responsibilities assigned to the Forest Service; (iii) The Cooperative River Basin Surveys and Investigations Programs under 16 U.S.C. 1006, except for responsibilities assigned to the Forest Service; (iv) The pilot watershed projects under 16 U.S.C. 590a-f, and 16 U.S.C. 1001-1009, except for responsibilities assigned to the Forest Service; (v) The Watershed Protection and Flood Prevention Program under 16 U.S.C. 1001-1010, including rehabilitation of water resource structural measures constructed under certain Department of Agriculture programs under 16 U.S.C. 1012, except for responsibilities assigned to the Rural Housing Service and the Forest Service. (vi) The joint investigations and surveys with the Department of the Army under 16 U.S.C. 1009; and (vii) The Emergency Conservation Program and the Emergency Watershed Protection Program under sections 401-405 of the Agricultural Credit Act of 1978, 16 U.S.C. 2201-2205, except for the provisions of sections 401 and 402, 16 U.S.C. 2201-2202, as administered by the Farm Service Agency. (5) Administer the Great Plains Conservation Program and the Critical Lands Resources Conservation Program under 16 U.S.C. 590p(b). (6) Administer the Resource Conservation and Development Program under 16 U.S.C. 590a-f; 7 U.S.C. 1010-1011; and 16 U.S.C. 3451-3461, except [[Page 22186]] for responsibilities assigned to the Rural Utilities Service. (7) Responsibility for entering into long-term contracts for carrying out conservation and environmental measures in watershed areas. (8) Provide national leadership for and administer the Soil and Water Resources Conservation Act of 1977 (16 U.S.C. 2001 et seq.), except for responsibilities assigned to other USDA agencies. (9) Administer Rural Clean Water Program and other responsibilities assigned under section 35 of the Clean Water Act of 1977 (33 U.S.C. 1251 et seq.). (10) Monitor actions and progress of USDA in complying with Executive Order 11988, Flood Plain Management, 3 CFR, 1977 Comp., p. 117, and Executive Order 11990, Protection of Wetlands, 3 CFR, 1977 Comp., p. 121, regarding management of floodplains and protection of wetlands; monitor USDA efforts on protection of important agricultural, forest and rangelands; and provide staff assistance to the USDA Natural Resources and Environment Committee. (11) Administer the search and rescue operations authorized under 7 U.S.C. 2273. (12) Administer section 202(c) of the Colorado River Basin Salinity Control Act, 43 U.S.C. 1592(c) including: (i) Identify salt source areas and determine the salt load resulting from irrigation and watershed management practices; (ii) Conduct salinity control studies of irrigated salt source areas; (iii) Provide technical and financial assistance in the implementation of salinity control projects including the development of salinity control plans, technical services for application, and certification of practice applications; (iv) Develop plans for implementing measures that will reduce the salt load of the Colorado River; (v) Develop and implement long-term monitoring and evaluation plans to measure and report progress and accomplishments in achieving program objectives; and (vi) Enter into and administer contracts with program participants and waive cost-sharing requirements when such cost-sharing requirements would result in a failure to proceed with needed on-farm measures. (13) Administer natural resources conservation authorities, including authorities related to programs of the Commodity Credit Corporation that provide assistance with respect to natural resources conservation, under Title XII of the Food Security Act of 1985 (the Act), as amended (16 U.S.C. 3801 et seq.), including the following: (i) Technical assistance related to the conservation of highly erodible lands and wetlands pursuant to sections 1211-1223 of the Act (16 U.S.C. 3811-3823); (ii) Technical assistance related to the Conservation Reserve Program authorized by sections 1231-1235A of the Act (16 U.S.C. 3831- 3835a); (iii) The Wetlands Reserve Program and the Emergency Wetlands Reserve Program authorized by sections 1237-1237F of the Act (16 U.S.C. 3837-3837f) and the Emergency Supplemental Appropriations for Relief from the Major, Widespread Flooding in the Midwest Act, Public Law 103- 75; (iv) The Conservation Security Program authorized by sections 1238- 1238C (16 U.S.C. 3838-3838c) and the Conservation Stewardship Program authorized by sections 1238D-1238G (16 U.S.C. 3838d-3838g). (v) The Farmland Protection Program authorized by sections 1238H- 1238I of the Act (16 U.S.C. 3838h-3838i); (vi) The Farm Viability Program authorized by section 1238J of the Act (16 U.S.C. 3838j); (vii) The Environmental Easement Program authorized by sections 1239-1239D of the Act (16 U.S.C. 3839-3839d); (viii) The Environmental Quality Incentives Program authorized by sections 1240-1240I of the Act (16 U.S.C. 3839aa-3839aa-9); (ix) The conservation of private grazing lands authorized by section 1240M of the Act (16 U.S.C. 3839bb); (x) The Wildlife Habitat Incentives Program authorized by section 1240N of the Act (16 U.S.C. 3839bb-1); (xi) The program for soil erosion and sedimentation control in the Great Lakes basin authorized by section 1240P of the Act (16 U.S.C. 3839bb-3); (xii) The delivery of technical assistance under section 1242 of the Act (16 U.S.C. 3842), including the approval of persons or entities outside of USDA to provide technical services; (xiii) The authority for partnerships and cooperation provided by section 1243 of the Act (16 U.S.C. 3843); and (xiv) The incentives for certain farmers and ranchers and Indian tribes and the protection of certain proprietary information related to natural resources conservation programs as provided by section 1244 of the Act (16 U.S.C. 3844), except for responsibilities assigned to the Administrator, Farm Service Agency. (xv) The Agriculture Conservation Experienced Services Program authorized by section 1252 of the Act (16 U.S.C. 3851). (xvi) The authority under sections 1261-1262 of the Act (16 U.S.C. 3861-3862) to establish and utilize State Technical Committees. (xvii) Those portions of the Grassland Reserve Program under sections 1238N-1238Q of the Act (16 U.S.C. 3838n-3838q) that are or become the responsibility of the Under Secretary for Farm Production and Conservation. (xviii) The authority in section 1241 of the Act (16 U.S.C. 3841) to accept and use voluntary contributions of non-Federal funds in support of natural resources conservation programs under subtitle D of title XII of the Act with respect to authorities delegated to the Chief, Natural Resources Conservation Service. (xix) The Agricultural Conservation Easement Program authorized by sections 1265-1265D of the Act (16 U.S.C. 3865-3865d). (xx) The Regional Conservation Partnership Program authorized by sections 1271-1271F (16 U.S.C. 3871-3871f). (xxi) The Voluntary Public Access and Habitat Incentive Program authorized by section 1240R of the Act (16 U.S.C. 3839bb-5). (xxii) A wetlands mitigation banking program authorized by section 1222(k) of the Act (16 U.S.C. 3822(k)). (14) Approve and transmit to the Congress comprehensive river basin reports. (15) Provide representation on the Water Resources Council and river basin commissions created by 42 U.S.C. 1962, and on river basin interagency committees. (16) [Reserved] (17) Administer the Water Bank Program under the Water Bank Act (16 U.S.C. 1301 et seq.). (18) Administer the agricultural management assistance provisions of section 524(b) of the Federal Crop Insurance Act, as amended (7 U.S.C. 1524(b)), except for responsibilities assigned to the Administrator, Risk Management Agency, and to the Administrator, Farm Service Agency. (19) Administer the Healthy Forests Reserve Program authorized by sections 501-508, Title V of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571-6578). (20) Coordinate USDA input and assistance to the Department of Commerce and other Federal agencies consistent with section 307 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456), and coordinate USDA review of qualifying state and local government coastal management plans [[Page 22187]] or programs prepared under such Act and submitted to the Secretary of Commerce, consistent with section 306(a) and (c) of such Act (16 U.S.C. 1455(a) and (c)). (21) Administer responsibilities and functions assigned under the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), and title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195 et seq.), relating to agricultural lands and water. (22) Administer the Abandoned Mine Reclamation Program for Rural Lands and other responsibilities assigned under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.), except for responsibilities assigned to the Forest Service. (23) With respect to land and facilities under his or her authority, to exercise the functions delegated to the Secretary by Executive Order 12580, 3 CFR, 1987 Comp., p. 193, under the following provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``the Act''), as amended: (i) Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a), (b), and (c)(4)), with respect to removal and remedial actions in the event of release or threatened release of a hazardous substance, pollutant, or contaminant into the environment; (ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604 (e)-(h)), with respect to information gathering and access requests and orders; compliance with Federal health and safety standards and wage and labor standards applicable to covered work; and emergency procurement powers; (iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with respect to the reduction of exposure to significant risk to human health; (iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to the acquisition of real property and interests in real property required to conduct a remedial action; (v) The first two sentences of section 105(d) of the Act (42 U.S.C. 9605(d)), with respect to petitions for preliminary assessment of a release or threatened release; (vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to consideration of the availability of qualified minority firms in awarding contracts, but excluding that portion of section 105(f) of the Act pertaining to the annual report to Congress; (vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the assessment of civil penalties for violations of section 122 of the Act (42 U.S.C. 9622) and the granting of awards to individuals providing information; (viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect to the designation of officials who may obligate money in the Hazardous Substances Superfund; (ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to establishing an administrative record upon which to base the selection of a response action and identifying and notifying potentially responsible parties; (x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to preliminary assessment and site inspection of facilities; (xi) Section 117(a) and (c) of the Act (42 U.S.C. 9617(a) and (c)), with respect to public participation in the preparation of any plan for remedial action and explanation of variances from the final remedial action plan for any remedial action or enforcement action, including any settlement or consent decree entered into; (xii) Section 119 of the Act (42 U.S.C. 9619), with respect to indemnifying response action contractors; (xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to cleanup standards; and (xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to settlement, but excluding section 122(b)(1) of the Act (42 U.S.C. 9633(b)(1)), related to mixed funding agreements. (24) With respect to facilities and activities under his or her authority, to exercise the authority of the Secretary of Agriculture pursuant to section 1-102 related to compliance with applicable pollution control standards and section 1-601 of Executive Order 12088, 3 CFR, 1978 Comp., p. 243, to enter into an inter-agency agreement with the United States Environmental Protection Agency, or an administrative consent order or a consent judgment in an appropriate United States District Court with an appropriate State, interstate, or local agency, containing a plan and schedule to achieve and maintain compliance with applicable pollution control standards established pursuant to the following: (i) Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, the Hazardous and Solid Waste Amendments, and the Federal Facility Compliance Act (42 U.S.C. 6901 et seq.); (ii) Federal Water Pollution Prevention and Control Act, as amended (33 U.S.C. 1251 et seq.); (iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.); (iv) Clean Air Act, as amended (42 U.S.C. 7401 et seq.); (v) Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq.); (vi) Toxic Substances Control Act, as amended, (15 U.S.C. 2601 et seq.); (vii) Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. 136 et seq.); and (viii) Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.). (25) Administer the following provisions of the Farm Security and Rural Investment Act of 2002 with respect to functions otherwise delegated to the Chief, Natural Resources Conservation Service: (i) The equitable relief provisions of section 1613 (7 U.S.C. 7996); and (ii) The tracking of benefits under section 1614 (7 U.S.C. 7997). (26) Implement the information disclosure authorities of section 1619(b)(3)(A) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8791(b)(3)(A)). (27) In coordination with the Director, Office of Advocacy and Outreach, issue receipts under section 2501A(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1(e)). (28) Authorize employees of the Natural Resources Conservation Service to carry and use firearms for personal protection while conducting field work in remote locations in the performance of their official duties (7 U.S.C. 2274a). (29) Conduct activities that assist the Director, Office of Environmental Markets, in developing guidelines regarding the development of environmental services markets. (30) Administer the Terminal Lakes assistance program authorized by section 2507 of the Farm Security and Rural Investment Act of 2002 (16 U.S.C. 3839bb-6). (b) Reservations. The following authorities are reserved to the Under Secretary for Farm Production and Conservation: (1) Executing cooperative agreements and memoranda of understanding for multi-agency cooperation with conservation districts and other districts organized for soil and water conservation within States, territories, possessions, and American Indian Nations. (2) Approving additions to authorized Resource Conservation and Development Projects that designate new project areas in which resource conservation and development program assistance will be provided, and withdrawing authorization for assistance, pursuant to 16 U.S.C. 590a- [[Page 22188]] f; 7 U.S.C. 1010-1011; 16 U.S.C. 3451-3461. (3) Giving final approval to and transmitting to the Congress watershed work plans that require congressional approval. Sec. 2.44 [Amended] 0 15. Amend Sec. 2.44 in paragraph (a) introductory text by removing the words ``Under Secretary for Farm and Foreign Agricultural Services'' and adding in their place the words ``Under Secretary for Farm Production and Conservation''. Subpart G--Delegations of Authority by the Assistant to the Secretary for Rural Development 0 16. The heading for subpart G is revised to read as set forth above. Sec. 2.45 [Removed and Reserved] 0 17. Remove and reserve Sec. 2.45. 0 18. Amend Sec. 2.47 by adding paragraph (a)(19) to read as follows: Sec. 2.47 Administrator, Rural Utilities Service. (a) * * * (19) Administer the authority under Sec. 746 of Division A of the Consolidated Appropriations Act, 2018 (Pub. L. 115-141), and any successor provisions in subsequent appropriations acts, to issue waivers to the U.S. iron and steel requirements for the construction, alteration, maintenance, or repair of a public water or wastewater system. * * * * * Subpart J--Delegations of Authority by the Under Secretary for Natural Resources and Environment Sec. 2.61 [Removed and Reserved] 0 19. Remove and reserve Sec. 2.61. Subpart N--Delegations of Authority by the Under Secretary for Marketing and Regulatory Programs Sec. 2.79 [Amended] 0 20. Amend Sec. 2.79 by removing and reserving paragraph (a)(8)(lxiv). 0 21. Add Subpart U, consisting of Sec. Sec. 2.600 through 2.602, to read as follows: Subpart U--Delegations of Authority by the Under Secretary for Trade and Foreign Agricultural Affairs Sec. 2.600 Deputy Under Secretary for Trade and Foreign Agricultural Affairs. 2.601 Administrator, Foreign Agricultural Service. 2.602 Manager, U.S. Codex Office. Sec. 2.600 Deputy Under Secretary for Trade and Foreign Agricultural Affairs. Pursuant to Sec. 2.26(a), subject to reservations in Sec. 2.26(b), and subject to policy guidance and direction by the Under Secretary, the following delegation of authority is made to the Deputy Under Secretary for Trade and Foreign Agricultural Affairs, if appointed, to be exercised only during the absence or unavailability of the Under Secretary: Perform all the duties and exercise all the powers which are now or which may hereafter be delegated to the Under Secretary for Trade and Foreign Agricultural Affairs: Provided, that this authority shall be exercised by the respective Deputy Under Secretary in the order in which he or she has taken office as a Deputy Under Secretary. Sec. 2.601 Administrator, Foreign Agricultural Service. (a) Delegations. Pursuant to Sec. 2.26(a)(1) and (3), subject to reservations in Sec. 2.26(b), the following delegations of authority are made by the Under Secretary for Trade and Foreign Agricultural Affairs to the Administrator, Foreign Agricultural Service: (1) Coordinate the carrying out by Department agencies of their functions involving foreign agriculture policies and programs and their operations and activities in foreign areas. Act as liaison on these matters and functions relating to foreign agriculture between the Department of Agriculture and the Department of State, the United States Trade Representative, the Trade Policy Committee, the Agency for International Development and other departments, agencies and committees of the U.S. Government, foreign governments, the Organization for Economic Cooperation and Development, the European Union, the Food and Agriculture Organization of the United Nations, the International Bank for Reconstruction and Development, the Inter- American Development Bank, the Organization of American States, and other public and private United States and international organizations, and the contracting parties to the World Trade Organization (WTO). (2) Conduct functions of the Department relating to WTO, the Trade Expansion Act of 1962 (19 U.S.C. 1801 et seq.), the Trade Act of 1974 (19 U.S.C. 2101 et seq.), the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.), the Omnibus Trade and Competition Act of 1988 (19 U.S.C. 2901 et seq.), the provisions of subtitle B of title III of the North American Free Trade Agreement Implementation Act (except the provisions concerning the end-use certificate system authorized pursuant to section 321(f) of that Act (19 U.S.C. 3391(f)) delegated to the Administrator, Farm Service Agency), and other legislation affecting international agricultural trade including the programs designed to reduce foreign tariffs and other trade barriers. (3) Conduct studies of worldwide production, trade, marketing, prices, consumption, and other factors affecting exports and imports of U.S. agricultural commodities; obtain information on methods used by other countries to move farm commodities in world trade on a competitive basis for use in the development of programs of this Department; provide information to domestic producers, the agricultural trade, the public and other interests; and promote normal commercial markets abroad. This delegation excludes basic and long-range analyses of world conditions and developments affecting supply, demand, and trade in farm products and general economic analyses of the international financial and monetary aspects of agricultural affairs as assigned to the Under Secretary for Research, Education, and Economics. (4) Administer Departmental programs concerned with development of foreign markets for agricultural products of the United States except functions relating to export marketing operations under section 32, of the Act of August 23, 1935, as amended (7 U.S.C. 612c), delegated to the Under Secretary for Marketing and Regulatory Programs, and utilization research delegated to the Under Secretary for Research, Education, and Economics. (5) Exercise the Department's functions with respect to the International Coffee Agreement or any such future agreement. (6) Administer functions of the Department relating to import controls including, among others, functions under section 22 of the Agricultural Adjustment Act of 1933, as amended (7 U.S.C. 624), the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), and section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854) but not including those functions reserved to the Secretary under Sec. 2.16(b)(2) and those relating to section 8e of the Agricultural Adjustment Act of 1933, as amended (7 U.S.C. 608e-1), as assigned to the Under Secretary for Marketing and Regulatory Programs. (7) Conduct Department activities to carry out the provisions of the Export Administration Act of 1979, as amended (50 U.S.C. Chapter 56). [[Page 22189]] (8) Exercise the Department's responsibilities in connection with international negotiations of the Grains Trade Convention and in the administration of such Convention. (9) Administer responsibilities and functions assigned under the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), and title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195 et seq.), concerning foreign agricultural intelligence and other foreign agricultural matters. (10) Conduct economic analyses pertaining to the foreign sugar situation. (11) Exercise the Department's functions with respect to the International Sugar Agreement or any such future agreements. (12) Exercise the Department's responsibilities with respect to tariff-rate quotes for dairy products under chapter 4 of the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202). (13) Serve as a focal point for handling quality or weight discrepancy inquiries from foreign buyers of U.S. agricultural commodities to insure that they are investigated and receive a timely response and that reports thereof are made to appropriate parties and government officials in order that corrective action may be taken. (14) Formulate policies and administer programs and activities authorized by the Agricultural Trade Act of 1978, as amended (7 U.S.C. 5601 et seq.). (15) Formulate policies and administer barter programs under which agricultural commodities are exported. (16) Perform functions of the Department in connection with the development and implementation of agreements to finance the sale and exportation of agricultural commodities on long-term credit or for foreign currencies under the Food for Peace Act (7 U.S.C. 1691, 1701 et seq.). (17) Coordinate within the Department activities arising under the Food for Peace Act (except as delegated to the Under Secretary for Research, Education, and Economics in Sec. 2.21(a)(8)), and represent the Department in its relationships in such matters with the Department of State, any interagency committee on the Food for Peace Act, and other departments, agencies, and committees of the Government. (18)-(19) [Reserved] (20) Carry out activities relating to the sale, reduction, or cancellation of debt, as authorized by title VI of the Agricultural Trade and Development Act of 1954, as amended (7 U.S.C. 1738 et seq.). (21) [Reserved] (22) Allocate the agricultural commodities acquired under price support programs that have been determined by the FSA Administrator to be available for export among the various export programs. (23) Maintain a worldwide agricultural intelligence and reporting system, including provision for foreign agricultural representation abroad to protect and promote U.S. agricultural interests and to acquire information on demand, competition, marketing, and distribution of U.S. agricultural commodities abroad pursuant to title VI of the Agricultural Act of 1954, as amended (7 U.S.C. 1761-1768). (24) Plan and carry out programs and activities under the foreign market promotion authority of: The Wheat Research and Promotion Act (7 U.S.C. 1292 note); the Cotton Research and Promotion Act (7 U.S.C. 2101-2118); the Potato Research and Promotion Act (7 U.S.C. 2611-2627); the Egg Research and Consumer Information Act of 1974 (7 U.S.C. 2701- 2718); the Beef Research and Information Act, as amended (7 U.S.C. 2901-2911); the Wheat and Wheat Foods Research and Nutrition Education Act (7 U.S.C. 3401-3417); the Floral Research and Consumer Information Act of 1981 (7 U.S.C. 4301-4319); subtitle B of title I of the Dairy and Tobacco Adjustment Act of 1983 (7 U.S.C. 4501-4514); the Honey Research, Promotion, and Consumer Information Act of 1984, as amended (7 U.S.C. 4601-4613); the Pork Promotion, Research, and Consumer Information Act of 1985 (7 U.S.C. 4801-4819); the Watermelon Research and Promotion Act, as amended (7 U.S.C. 4901-4916); the Pecan Promotion and Research Act of 1990 (7 U.S.C. 6001-6013); the Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6101-6112); the Lime Research, Promotion, and Consumer Information Act of 1990 (7 U.S.C. 6201-6212); the Soybean Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6301-6311); the Fluid Milk Promotion Act of 1990 (7 U.S.C. 6401-6417); the Fresh Cut Flowers and Fresh Cut Greens Promotion and Consumer Information Act (7 U.S.C. 6801-6814); the Sheep Promotion, Research, and Information Act of 1994 (7 U.S.C. 7101- 7111); the Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7411-7425); the Canola and Rapeseed Research, Promotion, and Consumer Information Act (7 U.S.C. 7441-7452); the National Kiwifruit Research, Promotion, and Consumer Information Act (7 U.S.C. 7461-7473); and, the Popcorn Promotion, Research, and Consumer Information Act (7 U.S.C. 7481-7491). This authority includes determining the programs and activities to be undertaken and assuring that they are coordinated with the overall departmental programs to develop foreign markets for U.S. agricultural products. (25) Establish and administer regulations relating to foreign travel by employees of the Department. Regulations will include, but not be limited to, obtaining and controlling passports, obtaining visas, coordinating Department of State medical clearances and imposing requirements for itineraries and contacting the Foreign Agricultural Affairs Officers upon arrival in the Officers' country(ies) of responsibility. (26) Administer the Foreign Service personnel system for the Department in accordance with 22 U.S.C. 3922, except as otherwise delegated in Sec. 2.80(a)(1), but including authority to represent the Department of Agriculture in all interagency consultations and negotiations with the other foreign affairs agencies with respect to joint regulations and authority to approve joint regulations issued by the Department of State relating to the administration of the Foreign Service. (27) Establish and maintain U.S. Agricultural Trade Offices to develop, maintain and expand international markets for U.S. agricultural commodities in accordance with title IV of Public Law No. 95-501 (7 U.S.C. 1765a-g). (28) Administer the programs under section 416(b) of the Agricultural Act of 1949, as amended (7 U.S.C. 1431(b)), relating to the foreign donation of CCC stocks of agricultural commodities, except as otherwise delegated in Sec. 2.42(a)(43). (29)-(30) [Reserved] (31) Administer programs under the Food for Progress Act of 1985 (7 U.S.C. 1736o), except as otherwise delegated in Sec. 2.42(a)(43). (32) Serve as Department adviser on policies, organizational arrangements, budgets, and actions to accomplish international scientific and technical cooperation in food and agriculture. (33) Administer and direct the Department's programs in international development, technical assistance, and training carried out under the Foreign Assistance Act, as amended, as requested under such act (22 U.S.C. 2151 et seq.). (34) Administer and coordinate assigned Departmental programs in international research and scientific and [[Page 22190]] technical cooperation with other governmental agencies, land grant universities, international organizations, international agricultural research centers, and other organizations, institutions, or individuals (7 U.S.C. 1624, 3291). (35) Direct and coordinate the Department's participation in scientific and technical matters and exchange agreements between the United States and other countries. (36) Direct and coordinate the Department's work with international organizations and interagency committees concerned with food and agricultural development programs (7 U.S.C. 2201 and 2202). (37) Coordinate policy formulation for USDA international science and technology programs concerning international agricultural research centers, international organizations, and international agricultural research and extension activities (7 U.S.C. 3291). (38) Disseminate, upon request, information on subjects connected with agriculture which has been acquired by USDA agencies that may be useful to the U.S. private sector in expanding foreign markets and investment opportunities through the operation of a Department information center, pursuant to 7 U.S.C. 2201. (39) Enter into contracts, grants, cooperative agreements, and cost reimbursable agreements relating to agricultural research, extension, or teaching activities (7 U.S.C. 3318, 3319a). (40) Determine amounts reimbursable for indirect costs under international agricultural programs and agreements (7 U.S.C. 3319). (41) Administer the Cochran Fellowship Program (7 U.S.C. 3293). (42) Determine quantity trigger levels and impose additional duties under the special safeguard measures in accordance with U.S. note 2 to subchapter IV of chapter 99 of the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202). (43) Implement provisions of the Trade Act of 1974 regarding adjustment assistance for farmers. (19 U.S.C. 2401-2401g). (44) Implement section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1). (45) Support remote sensing activities of the Department and research with satellite imagery including: (i) Providing liaison with U.S. space programs; (ii) Providing administrative management of the USDA Remote Sensing Archive and the transfer of satellite imagery to all USDA agencies; (iii) Coordinating all agency satellite imagery data needs; and (iv) Arranging for acquisition, and preparation of imagery for use to the extent of existing capabilities. (46) [Reserved] (47) Implement section 3206 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 1726c) regarding local and regional food aid procurement projects. (48) Administer the Borlaug International Agricultural Science and Technology Fellowship Program (7 U.S.C. 3319j). (49) [Reserved] (50) Administer the following provisions of the Agricultural Act of 2014, Public Law 113-79: (i) Section 12314 relating to the Pima Agriculture Cotton Trust Fund (7 U.S.C. 2101 note), in coordination with the Administrator, Farm Service Agency. (ii) Section 12315 relating to the Agriculture Wool Apparel Manufacturers Trust Fund (7 U.S.C. 7101 note), in coordination with the Administrator, Farm Service Agency. (b) [Reserved] Sec. 2.602 Manager, U.S. Codex Office. (a) Delegations. Pursuant to Sec. 2.26(a)(5), subject to reservations in Sec. 2.26(b), the following delegations of authority are made by the Under Secretary for Trade and Foreign Agricultural Affairs. (i) Inform the public of the sanitary and phytosanitary standard- setting activities of the Codex Alimentarius Commission (19 U.S.C. 2578; Pres. Proc. 6780). (ii) Enter into agreements with organizations, institutions or individuals throughout the world to conduct activities related to the sanitary and phytosanitary standard-setting activities of the Codex Alimentarius Commission, including international outreach and education, in order to promote and support the development of a viable and sustainable global agricultural system; antihunger and improved international nutrition efforts; and increased quantity, quality, and availability of food (7 U.S.C. 3291). (iii) Coordinate with institutions and other persons throughout the world performing agricultural and related research, extension, and teaching activities by exchanging research materials and results with such institutions or persons or by conducting with such institutions or persons joint or coordinated research, extension, or teaching activities that are related to the sanitary and phytosanitary standard- setting activities of the Codex Alimentarius Commission and that address problems of significance to food and agriculture in the United States (7 U.S.C. 3291). (iv) Work with transitional and more advanced countries in food, agricultural, and related research, development, teaching, and extension activities related to the sanitary and phytosanitary standard-setting activities of the Codex Alimentarius Commission (7 U.S.C. 3291). (v) Enter into contracts, grants, cooperative agreements, and cost reimbursable agreements to carry out the Department's agricultural research, extension, or teaching activities related to the sanitary and phytosanitary standard-setting activities of the Codex Alimentarius Commission (7 U.S.C. 3318, 3319a). (vi) Determine amounts reimbursable for indirect costs under international agricultural programs and agreements (7 U.S.C. 3319). (vii) Coordinate policy formulation for USDA international science and technology programs concerning the sanitary and phytosanitary standard-setting activities of the Codex Alimentarius Commission (7 U.S.C. 3291). (b) [Reserved] PART 1409--[REMOVED AND RESERVED] 0 22. Remove and reserve part 1409. Dated: May 7, 2018. Sonny Perdue, Secretary of Agriculture. [FR Doc. 2018-10133 Filed 5-11-18; 8:45 am] BILLING CODE 3410-90-P
![Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations 22179
Subpart B—General Delegations of (xxvi) Administer the following (iii) Administer the basic program of
Authority by the Secretary of provisions of the Farm Security and soil and water conservation under
Agriculture Rural Investment Act of 2002 with Public Law 46, 74th Congress, as
respect to functions otherwise delegated amended, and related laws (16 U.S.C.
■ 4. Amend § 2.7 by revising the first to the Under Secretary for Farm 590 a–f, i–l, q, q–1; 42 U.S.C. 3271–
sentence to read as follows: Production and Conservation: 3274; 7 U.S.C. 2201), including:
* * * * * (A) Technical and financial assistance
§ 2.7 Authority to Supervise and Direct.
(xxxii) Implement the authority in to land users in carrying out locally
Unless specifically reserved, or adapted soil and water conservation
section 1241 of the Food Security Act of
otherwise delegated (including programs primarily through soil and
1985 (16 U.S.C. 3841) to accept and use
delegations of legal functions to the water conservation districts in the
voluntary contributions of non–Federal
General Counsel at § 2.31), the several States, the District of Columbia,
funds in support of natural resources
delegations of authority to each general the Commonwealth of Puerto Rico, and
conservation programs under subtitle D
officer of the Department and each the Commonwealth of the Northern
of title XII of that Act with respect to
agency head contained in this part Mariana Islands, American Samoa,
authorities delegated to the Under
includes the authority to direct and Guam, the Virgin Islands, and Federally
Secretary for Farm Production and
supervise the employees engaged in the recognized Native American tribes, but
Conservation.
conduct of activities under such also to communities, watershed groups,
official’s jurisdiction, and the authority * * * * *
(xxxvii) Administer the funds made Federal and State agencies, and other
to take any action, execute any cooperators. This authority includes
document, authorize any expenditure, available to the Office of the Secretary
under Title I of Subdivision B, Further such assistance as:
promulgate any rule, regulation, order, (1) Comprehensive planning
or instruction required by or authorized Supplemental Appropriations for
Disaster Relief Requirements Act, 2018, assistance in nonmetropolitan districts;
by law and deemed by the general (2) Assistance in the field of income-
officer or agency head to be necessary Public Law 115–123.
(xxxviii) Determine the agricultural producing recreation on rural non-
and proper to the discharge of his or her Federal lands;
responsibilities. * * * commodities acquired under price
(3) Forestry assistance, as part of total
support programs which are available
technical assistance to private land
Subpart C—Delegations of Authority to for export.
owners and land users when such
the Deputy Secretary, Under * * * * * services are an integral part of land
Secretaries, and Assistant Secretaries (3) Related to natural resources management and such services are not
conservation. (i) Provide national available from a State agency; and
■ 5. Amend § 2.16 by: leadership in the conservation, forestry services in connection with
■ a. Revising the section heading; development and productive use of the windbreaks and shelter belts to prevent
■ b. Revising paragraph (a) introductory Nation’s soil, water, and related wind and water erosion of lands;
text and (a)(1)(vi); resources. Such leadership encompasses (4) Assistance in developing programs
■ c. Adding paragraph (a)(1)(xi) soil, water, plant, and wildlife relating to natural beauty; and
■ d. Revising paragraphs (a)(1)(xxvi) conservation; small watershed (5) Assistance to other USDA agencies
and (xxxii); protection and flood prevention; and in connection with the administration of
■ c. Adding paragraphs (a)(1)(xxxvii) resource conservation and development. their programs, as follows:
and (xxxviii); and Integrated in these programs are erosion (i) To the Farm Service Agency in the
■ d. Revising paragraphs (a)(3) and (10) control, sediment reduction, pollution development and technical servicing of
and (b)(2). abatement, land use planning, multiple certain programs, such as the
The revisions and additions read as use, improvement of water quality, and Agricultural Conservation Program and
follows: several surveying and monitoring other such similar conservation
§ 2.16 Under Secretary for Farm activities related to environmental programs;
Production and Conservation. improvement. All are designed to (ii) To the Rural Housing Service in
(a) The following delegations of assure: connection with their loan and land
(A) Quality in the natural resource disposition programs;
authority are made by the Secretary of
base for sustained use; (B) Soil Surveys, including:
Agriculture to the Under Secretary for
(B) Quality in the environment to (1) Providing leadership for the
Farm Production and Conservation:
provide attractive, convenient, and Federal part of the National Cooperative
(1) * * *
satisfying places to live, work, and play; Soil Survey which includes conducting
(vi) Conduct fiscal, accounting and
and and publishing soil surveys;
claims functions relating to Commodity (C) Quality in the standard of living (2) Conducting soil surveys for
Credit Corporation (CCC) programs for based on community improvement and resource planning and development;
which the Under Secretary for Farm adequate income. and
Production and Conservation has been (ii) Provide national leadership in and (3) Performing the cartographic
delegated authority. evaluate and coordinate land use policy, services essential to carrying out the
* * * * * and administer the Farmland Protection functions of the Natural Resources
(xi) Administer the Organic Policy Act (7 U.S.C. 4201 et seq.), Conservation Service, including
Certification Cost Share Programs including the Farms for the Future furnishing photographs, mosaics, and
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authorized under the Federal Crop Program authorized by sections 1465– maps;
Insurance Act (7 U.S.C. 1524(b)(4)(C)(ii), 1470 of the Food, Agriculture, (C) Conducting and coordinating
and under the Farm Security and Rural Conservation, and Trade Act of 1990, as snow surveys and making water supply
Investment Act, as amended by the amended (7 U.S.C. 4201 note), except as forecasts pursuant to Reorganization
Agricultural Act of 2014 (7 U.S.C. 6523). otherwise delegated to the Under Plan No. IV of 1940 (5 U.S.C. App.);
[Reserved] Secretary for Research, Education, and (D) Operating plant materials centers
* * * * * Economics in § 2.21(a)(1)(lxii). for the assembly and testing of plant
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respect to authorities delegated to the (xxv) Administer the Terminal Lakes Department agencies of their functions
Under Secretary for Farm Production assistance program authorized by involving foreign agricultural policies
and Conservation. section 2507 of the Farm Security and and programs and their operations and
(S) The Agricultural Conservation Rural Investment Act of 2002 (16 U.S.C. activities in foreign areas. Act as liaison
Easement Program authorized by 3839bb–6). on these matters and functions relating
sections 1265–1265D of the Act (16 * * * * * to foreign agriculture between the
U.S.C. 3865–3865d). (10) Carry out prize competition Department of Agriculture and the
(T) The Regional Conservation authorities in section 24 of the Department of State, the United States
Partnership Program authorized by Stevenson–Wydler Technology Trade Representative, the Trade Policy
sections 1271–1271F (16 U.S.C. 3871– Innovation Act of 1980 (15 U.S.C. 3719) Committee, the Agency for International
3871f). related to functions otherwise delegated Development, and other departments,
(U) The Voluntary Public Access and to the Under Secretary for Farm agencies, and committees of the U.S.
Habitat Incentive Program authorized by Production and Conservation, except for Government, foreign governments, the
section 1240R of the Act (16 U.S.C. authorities delegated to the Chief Organization for Economic Cooperation
3839bb–5). Financial Officer in § 2.28(a)(29) and and Development, the European Union,
(V) A wetlands mitigation banking authorities reserved to the Secretary in the Food and Agriculture Organization
program authorized by section 1222(k) paragraph (b)(4) of this section. of the United Nations, the International
of the Act (16 U.S.C. 3822(k)). (b) * * * Bank for Reconstruction and
(xiv) Approve and transmit to the (2) Related to natural resources Development, the Inter-American
Congress comprehensive river basin conservation. Designation of new Development Bank, the Organization of
reports. project areas in which the resource American States, and other public and
(xv) Provide representation on the private U.S. and international
conservation and development program
Water Resources Council and river basin organizations, and the contracting
assistance will be provided.
commissions created by 42 U.S.C. 1962, parties to the World Trade Organization
and on river basin interagency * * * * * (WTO).
committees. ■ 6. Amend § 2.17 by adding paragraph (ii) Administer Departmental
(xvii) Administer the Water Bank (a)(20)(xiv) to read as follows: programs concerned with development
Program under the Water Bank Act (16 of foreign markets for agricultural
§ 2.17 Assistant to the Secretary for Rural
U.S.C. 1301 et seq.). Development. products of the United States except
(xviii) [Reserved] functions relating to export marketing
(xix) Coordinate USDA input and (a) * * * operations under section 32 of the Act
assistance to the Department of (20) * * * of August 23, 1935, as amended (7
Commerce and other Federal agencies (xiv) Administer the authority under U.S.C. 612c), delegated to the Under
consistent with section 307 of the section 746 of Division A of the Secretary for Marketing and Regulatory
Coastal Zone Management Act of 1972 Consolidated Appropriations Act, 2018 Programs, and utilization research
(16 U.S.C. 1456), and coordinate USDA (Pub. L. 115–141), and any successor delegated to the Under Secretary for
review of qualifying state and local provisions in subsequent appropriations Research, Education, and Economics.
government coastal management plans acts, to issue waivers to the U.S. iron (iii) Conduct studies of worldwide
or programs prepared under such Act and steel requirements for the production, trade, marketing, prices,
and submitted to the Secretary of construction, alteration, maintenance, or consumption, and other factors affecting
Commerce, consistent with section repair of a public water or wastewater exports and imports of U.S. agricultural
306(a) and (c) of such Act (16 U.S.C. system. commodities; obtain information on
1455(a) and (c)). * * * * * methods used by other countries to
(xx) Administer the Healthy Forests move farm commodities in world trade
§ 2.20 [Amended]
Reserve Program authorized by sections on a competitive basis for use in the
501–508, Title V of the Healthy Forests ■ 7. Amend § 2.20 by removing and development of programs of this
Restoration Act of 2003 (16 U.S.C. reserving paragraph (a)(3). Department; provide information to
6571–6578). domestic producers, the agricultural
(xxi) Implement the information § 2.22 [Amended]
trade, the public and other interests; and
disclosure authorities of section ■ 8. Amend § 2.22 by: promote normal commercial markets
1619(b)(3)(A) of the Food, Conservation, ■ a. Revising all references to abroad. This delegation excludes basic
and Energy Act of 2008 (7 U.S.C. ‘‘2.16(a)(3)(x)’’ to read ‘‘2.26(a)(1)(x)’’; and long-range analyses of world
8791(b)(3)(A)). ■ b. Revising all references to ‘‘Under conditions and developments affecting
(xxii) In coordination with the Secretary for Farm and Foreign supply, demand, and trade in farm
Director, Office of Advocacy and Agricultural Services’’ to read ‘‘Under products and general economic analyses
Outreach, issue receipts under section Secretary for Trade and Foreign of the international financial and
2501A(e) of the Food, Agriculture, Agricultural Affairs’’; and monetary aspects of agricultural affairs
Conservation, and Trade Act of 1990 (7 ■ c. Removing and reserving paragraph as assigned to the Under Secretary for
U.S.C. 2279–1(e)). (a)(1)(viii)(DDD). Research, Education, and Economics.
(xxiii) Authorize employees of the ■ 9. Add § 2.26 to read as follows: (iv) Conduct functions of the
Natural Resources Conservation Service Department relating to WTO, the Trade
to carry and use firearms for personal § 2.26 Under Secretary for Trade and Expansion Act of 1962 (19 U.S.C. 1801
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protection while conducting field work Foreign Agricultural Affairs. et seq.), the Trade Act of 1974 (19 U.S.C.
in remote locations in the performance (a) The following delegations of 2101 et seq.), the Trade Agreements Act
of their official duties (7 U.S.C. 2274a). authority are made by the Secretary of of 1979 (19 U.S.C. 2501 et seq.), the
(xxiv) Conduct activities that assist Agriculture to the Under Secretary for Omnibus Trade and Competition Act of
the Chief Economist in developing Trade and Foreign Agricultural Affairs: 1988 (19 U.S.C. 2901 et seq.), the
guidelines regarding the development of (1) Related to foreign agriculture. (i) provisions of subtitle B of title III of the
environmental services markets. Coordinate the carrying out by North American Free Trade Agreement
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Implementation Act, and other Research and Promotion Act (7 U.S.C. Food for Peace Act (except as delegated
legislation affecting international 1292 note); the Cotton Research and to the Under Secretary for Research,
agricultural trade including the Promotion Act (7 U.S.C. 2101–2118); the Education, and Economics in
programs designed to reduce foreign Potato Research and Promotion Act (7 § 2.21(a)(8)), and represent the
tariffs and other trade barriers. U.S.C. 2611–2627); the Egg Research Department in its relationships in such
(v) Maintain a worldwide agricultural and Consumer Information Act of 1974 matters with the Department of State,
intelligence and reporting system, (7 U.S.C. 2701–2718); the Beef Research any interagency committee on the Food
including provision for foreign and Information Act, as amended (7 for Peace Act, and other departments,
agricultural representation abroad to U.S.C. 2901–2911); the Wheat and agencies and committees of the
protect and promote U.S. agricultural Wheat Foods Research and Nutrition Government.
interests and to acquire information on Education Act (7 U.S.C. 3401–3417); the (xv)–(xvi) [Reserved]
demand, competition, marketing, and Floral Research and Consumer (xvii) Carry out activities relating to
distribution of U.S. agricultural Information Act of 1981 (7 U.S.C. 4301– the sale, reduction, or cancellation of
commodities abroad pursuant to title VI 4319); subtitle B of title I of the Dairy debt, as authorized by title VI of the
of the Agricultural Act of 1954, as and Tobacco Adjustment Act of 1983 (7 Agricultural Trade and Development
amended (7 U.S.C. 1761–1768). U.S.C. 4501–4514); the Honey Research, Act of 1954, as amended (7 U.S.C. 1738
(vi) Exercise the Department’s Promotion, and Consumer Information et seq.).
functions with respect to the Act of 1984, as amended (7 U.S.C. 4601– (xviii) [Reserved]
International Coffee Agreement or any 4613); the Pork Promotion, Research, (xix) Allocate the agricultural
such future agreement. and Consumer Information Act of 1985 commodities acquired under price
(vii) Administer functions of the (7 U.S.C. 4801–4819); the Watermelon support programs that have been
Department relating to import controls, Research and Promotion Act, as determined by the Under Secretary for
except those functions reserved to the amended (7 U.S.C. 4901–4916); the Farm Production and Conservation or
Secretary in paragraph (b) of this section Pecan Promotion and Research Act of designee to be available for export
and those relating to section 8e of the 1990 (7 U.S.C. 6001–6013); the among the various export programs.
Agricultural Act of 1938 (7 U.S.C. 608e– Mushroom Promotion, Research, and (xx) Conduct economic analyses
1), as assigned to the Under Secretary Consumer Information Act of 1990 (7 pertaining to the foreign sugar situation.
for Marketing and Regulatory Programs. U.S.C. 6101–6112); the Lime Research, (xxi) Exercise the Department’s
These include: Promotion, and Consumer Information functions with respect to the
(A) Functions under section 22 of the Act of 1990 (7 U.S.C. 6201–6212); the International Sugar Agreement or any
Agricultural Adjustment Act of 1933, as Soybean Promotion, Research, and such future agreements.
amended (7 U.S.C. 624); Consumer Information Act of 1990 (7 (xxii) Exercise the Department’s
(B) General note 15(c) to the U.S.C. 6301–6311); the Fluid Milk responsibilities with respect to tariff-
Harmonized Tariff Schedule of the Promotion Act of 1990 (7 U.S.C. 6401– rate quotes for dairy products under
United States (19 U.S.C. 1202); 6417); the Fresh Cut Flowers and Fresh chapter 4 of the Harmonized Tariff
(C) Requests for emergency relief from Cut Greens Promotion and Consumer Schedule of the United States (19 U.S.C.
duty-free imports of perishable products Information Act (7 U.S.C. 6801–6814); 1202).
filed with the Department of Agriculture the Sheep Promotion, Research, and (xxiii) Serve as a focal point for
under section 213(f) of the Caribbean Information Act of 1994 (7 U.S.C. 7101– handling quality or weight discrepancy
Basin Recovery Act of 1983 (19 U.S.C. 7111); the Commodity Promotion, inquiries from foreign buyers of U.S.
2703(f)); Research, and Information Act of 1996 agricultural commodities to insure that
(D) Section 404 of the Trade and (7 U.S.C. 7411–7425); the Canola and they are investigated and receive a
Tariff Act of 1984 (19 U.S.C. 2112 note); Rapeseed Research, Promotion, and timely response and that reports thereof
(E) Section 204(d) of the Andean Consumer Information Act (7 U.S.C. are made to appropriate parties and
Trade Preference Act (19 U.S.C. 7441–7452); the National Kiwifruit government officials in order that
3203(d)); Research, Promotion, and Consumer corrective action may be taken.
(F) Functions under sections 309 and Information Act (7 U.S.C. 7461–7473); (xxiv) Establish and administer
316 of the North American Free Trade and, the Popcorn Promotion, Research, regulations relating to foreign travel by
Agreement Implementation Act (19 and Consumer Information Act (7 U.S.C. employees of the Department.
U.S.C. 3358 and 3381); 7481–7491). This authority includes Regulations will include, but not be
(G) Section 301(a) of the United determining the programs and activities limited to, obtaining and controlling
States–Canada Free Trade Agreement to be undertaken and assuring that they passports, obtaining visas, coordinating
Implementation Act (19 U.S.C. 2112 are coordinated with the overall Department of State medical clearances
note); and departmental programs to develop and imposing requirements for
(H) Section 204 of the Agricultural foreign markets for U.S. agricultural itineraries and contacting the Foreign
Act of 1956, as amended (7 U.S.C. products. Agricultural Affairs Officers upon
1854). (xi) Formulate policies and administer arrival in the Officers’ country(ies) of
(viii) Conduct Department activities to barter programs under which responsibility.
carry out the provisions of the Export agricultural commodities are exported. (xxv) Formulate policies and
Administration Act of 1979, as amended (xii) Perform functions of the administer programs and activities
(50 U.S.C. Chapter 56). Department in connection with the authorized by the Agricultural Trade
(ix) Exercise the Department’s development and implementation of Act of 1978, as amended (7 U.S.C. 5601
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responsibilities in connection with agreements to finance the sale and et seq.).
international negotiations of the Grains exportation of agricultural commodities (xxvi) Administer the Foreign Service
Trade Convention and in the under the Food for Peace Act (7 U.S.C. personnel system for the Department in
administration of such Convention. 1691, 1701 et seq.). accordance with 22 U.S.C. 3922, except
(x) Plan and carry out programs and (xiii) [Reserved] as otherwise delegated to the Under
activities under the foreign market (xiv) Coordinate within the Secretary for Marketing and Regulatory
promotion authority of: The Wheat Department activities arising under the Programs in § 2.22(a)(2)(i), but including
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authority to approve joint regulations (xxxvi) Direct and coordinate the (B) Section 12315 relating to the
issued by the Department of State and Department’s work with international Agriculture Wool Apparel
authority to represent the Department of organizations and interagency Manufacturers Trust Fund (7 U.S.C.
Agriculture in all interagency committees concerned with food and 7101 note), in coordination with the
consultations and negotiations with the agricultural development programs (7 Under Secretary for Farm Production
other foreign affairs agencies with U.S.C. 2201–2202). and Conservation.
respect to joint regulations. (xxxvii) Coordinate policy (2) [Reserved]
(xxvii) Establish and maintain U.S. formulation for USDA international (3) Administer responsibilities and
Agricultural Trade Offices, to develop, science and technology programs functions assigned under the Defense
maintain and expand international concerning international agricultural Production Act of 1950 (50 U.S.C. App.
markets for U.S. agricultural research centers, international 2061 et seq.), and title VI of the Robert
commodities in accordance with title IV organizations, and international T. Stafford Disaster Relief and
of Public Law No. 95–501 (7 U.S.C. agricultural research and extension Emergency Assistance Act (42 U.S.C.
1765a–g). activities (7 U.S.C. 3291). 5195 et seq.), concerning foreign
(xxviii) Administer the programs (xxxviii) Disseminate, upon request, agricultural intelligence and other
under section 416(b) of the Agricultural information on subjects connected with foreign agricultural matters.
Act of 1949, as amended (7 U.S.C. agriculture which has been acquired by (4) Carry out prize competition
1431(b)), relating to the foreign donation USDA agencies that may be useful to the authorities in section 24 of the
of CCC stocks of agricultural U.S. private sector in expanding foreign Stevenson-Wydler Technology
commodities, except as otherwise markets and investment opportunities Innovation Act of 1980 (15 U.S.C. 3719)
delegated in § 2.42(a)(43). through the operation of a Department related to functions otherwise delegated
(xxix) Support remote sensing information center, pursuant to 7 U.S.C. to the Under Secretary for Trade and
activities of the Department and 2201. Foreign Agricultural Affairs, except for
research with satellite imagery (xxxix) Enter into contracts, grants, authorities delegated to the Chief
including: cooperative agreements, and cost Financial Officer in § 2.28(a)(29) and
(A) Providing liaison with U.S. space reimbursable agreements relating to authorities reserved to the Secretary in
programs; agricultural research, extension, or paragraph (b)(2) of this section.
(B) Providing administrative teaching activities (7 U.S.C. 3318, (5) Related to the U.S. Codex Office.
management of the USDA Remote 3319a). (i) Inform the public of the sanitary and
Sensing Archive and the transfer of (xl) Determine amounts reimbursable phytosanitary standard-setting activities
satellite imagery to all USDA agencies; for indirect costs under international of the Codex Alimentarius Commission
(C) Coordinating all agency satellite agricultural programs and agreements (7 (19 U.S.C. 2578; Pres. Proc. 6780).
imagery data needs; and U.S.C. 3319).
(D) Arranging for acquisition, and (ii) Enter into agreements with
(xli) Administer the Cochran organizations, institutions or
preparation of imagery for use to the
Fellowship Program (7 U.S.C. 3293). individuals throughout the world to
extent of existing capabilities.
(xxx) [Reserved] (xlii) Determine quantity trigger levels conduct activities related to the sanitary
(xxxi) Administer programs under the and impose additional duties under the and phytosanitary standard-setting
Food for Progress Act of 1985 (7 U.S.C. special safeguard measures in activities of the Codex Alimentarius
1736o), except as otherwise delegated in accordance with U.S. note 2 to Commission, including international
§ 2.42(a)(43). subchapter IV of chapter 99 of the outreach and education, in order to
(xxxii) Serve as Department adviser Harmonized Tariff Schedule of the promote and support the development
on policies, organizational United States (19 U.S.C. 1202). of a viable and sustainable global
arrangements, budgets, and actions to (xliii) Implement provisions of the agricultural system; antihunger and
accomplish international scientific and Trade Act of 1974 regarding adjustment improved international nutrition efforts;
technical cooperation in food and assistance for farmers (19 U.S.C. 2401– and increased quantity, quality, and
agriculture. 2401g). availability of food (7 U.S.C. 3291).
(xxxiii) Administer and direct the (xliv) Implement section 3107 of the (iii) Coordinate with institutions and
Department’s programs in international Farm Security and Rural Investment Act other persons throughout the world
development, technical assistance, and of 2002 (7 U.S.C. 1736o–1). performing agricultural and related
training carried out under the Foreign (xlv) [Reserved] research, extension, and teaching
Assistance Act, as amended, as (xlvi) Implement section 3206 of the activities by exchanging research
requested under such act (22 U.S.C. Food, Conservation, and Energy Act of materials and results with such
2151 et seq.). 2008 (7 U.S.C. 1726c) regarding local institutions or persons or by conducting
(xxxiv) Administer and coordinate and regional food aid procurement with such institutions or persons joint
assigned Departmental programs in projects. or coordinated research, extension, or
international research and scientific and (xlvii) Administer the Borlaug teaching activities that are related to the
technical cooperation with other International Agricultural Science and sanitary and phytosanitary standard-
governmental agencies, land grant Technology Fellowship Program (7 setting activities of the Codex
universities, international organizations, U.S.C. 3319j). Alimentarius Commission and that
international agricultural research (xlviii) [Reserved] address problems of significance to food
centers, and other organizations, (xlix) Administer the following and agriculture in the United States (7
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institutions, or individuals (7 U.S.C. provisions of the Agricultural Act of U.S.C. 3291).
1624, 3291). 2014, Public Law 113–79: (iv) Work with transitional and more
(xxxv) Direct and coordinate the (A) Section 12314 relating to the Pima advanced countries in food, agricultural,
Department’s participation in scientific Agriculture Cotton Trust Fund (7 U.S.C. and related research, development,
and technical matters and exchange 2101 note), in coordination with the teaching, and extension activities
agreements between the United States Under Secretary for Farm Production related to the sanitary and phytosanitary
and other countries. and Conservation. standard-setting activities of the Codex
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for responsibilities assigned to the Rural 1985 (the Act), as amended (16 U.S.C. authorized by section 1252 of the Act
Utilities Service. 3801 et seq.), including the following: (16 U.S.C. 3851).
(7) Responsibility for entering into (i) Technical assistance related to the (xvi) The authority under sections
long-term contracts for carrying out conservation of highly erodible lands 1261–1262 of the Act (16 U.S.C. 3861–
conservation and environmental and wetlands pursuant to sections 3862) to establish and utilize State
measures in watershed areas. 1211–1223 of the Act (16 U.S.C. 3811– Technical Committees.
(8) Provide national leadership for 3823); (xvii) Those portions of the Grassland
and administer the Soil and Water (ii) Technical assistance related to the Reserve Program under sections 1238N–
Resources Conservation Act of 1977 (16 Conservation Reserve Program 1238Q of the Act (16 U.S.C. 3838n–
U.S.C. 2001 et seq.), except for authorized by sections 1231–1235A of 3838q) that are or become the
responsibilities assigned to other USDA the Act (16 U.S.C. 3831–3835a); responsibility of the Under Secretary for
agencies. (iii) The Wetlands Reserve Program Farm Production and Conservation.
(9) Administer Rural Clean Water and the Emergency Wetlands Reserve (xviii) The authority in section 1241
Program and other responsibilities Program authorized by sections 1237– of the Act (16 U.S.C. 3841) to accept and
assigned under section 35 of the Clean 1237F of the Act (16 U.S.C. 3837–3837f) use voluntary contributions of non–
Water Act of 1977 (33 U.S.C. 1251 et and the Emergency Supplemental Federal funds in support of natural
seq.). Appropriations for Relief from the resources conservation programs under
(10) Monitor actions and progress of Major, Widespread Flooding in the subtitle D of title XII of the Act with
USDA in complying with Executive Midwest Act, Public Law 103–75; respect to authorities delegated to the
Order 11988, Flood Plain Management, (iv) The Conservation Security Chief, Natural Resources Conservation
3 CFR, 1977 Comp., p. 117, and Program authorized by sections 1238– Service.
Executive Order 11990, Protection of 1238C (16 U.S.C. 3838–3838c) and the (xix) The Agricultural Conservation
Wetlands, 3 CFR, 1977 Comp., p. 121, Conservation Stewardship Program Easement Program authorized by
regarding management of floodplains authorized by sections 1238D–1238G sections 1265–1265D of the Act (16
and protection of wetlands; monitor (16 U.S.C. 3838d–3838g). U.S.C. 3865–3865d).
USDA efforts on protection of important (v) The Farmland Protection Program (xx) The Regional Conservation
agricultural, forest and rangelands; and authorized by sections 1238H–1238I of Partnership Program authorized by
provide staff assistance to the USDA the Act (16 U.S.C. 3838h–3838i); sections 1271–1271F (16 U.S.C. 3871–
Natural Resources and Environment (vi) The Farm Viability Program 3871f).
Committee. (xxi) The Voluntary Public Access
authorized by section 1238J of the Act
(11) Administer the search and rescue and Habitat Incentive Program
(16 U.S.C. 3838j);
operations authorized under 7 U.S.C. authorized by section 1240R of the Act
(vii) The Environmental Easement
2273. (16 U.S.C. 3839bb–5).
Program authorized by sections 1239– (xxii) A wetlands mitigation banking
(12) Administer section 202(c) of the
1239D of the Act (16 U.S.C. 3839– program authorized by section 1222(k)
Colorado River Basin Salinity Control
3839d); of the Act (16 U.S.C. 3822(k)).
Act, 43 U.S.C. 1592(c) including:
(i) Identify salt source areas and (viii) The Environmental Quality (14) Approve and transmit to the
determine the salt load resulting from Incentives Program authorized by Congress comprehensive river basin
irrigation and watershed management sections 1240–1240I of the Act (16 reports.
practices; U.S.C. 3839aa–3839aa–9); (15) Provide representation on the
(ii) Conduct salinity control studies of (ix) The conservation of private Water Resources Council and river basin
irrigated salt source areas; grazing lands authorized by section commissions created by 42 U.S.C. 1962,
(iii) Provide technical and financial 1240M of the Act (16 U.S.C. 3839bb); and on river basin interagency
assistance in the implementation of (x) The Wildlife Habitat Incentives committees.
salinity control projects including the Program authorized by section 1240N of (16) [Reserved]
development of salinity control plans, the Act (16 U.S.C. 3839bb–1); (17) Administer the Water Bank
technical services for application, and (xi) The program for soil erosion and Program under the Water Bank Act (16
certification of practice applications; sedimentation control in the Great Lakes U.S.C. 1301 et seq.).
(iv) Develop plans for implementing basin authorized by section 1240P of the (18) Administer the agricultural
measures that will reduce the salt load Act (16 U.S.C. 3839bb–3); management assistance provisions of
of the Colorado River; (xii) The delivery of technical section 524(b) of the Federal Crop
(v) Develop and implement long-term assistance under section 1242 of the Act Insurance Act, as amended (7 U.S.C.
monitoring and evaluation plans to (16 U.S.C. 3842), including the approval 1524(b)), except for responsibilities
measure and report progress and of persons or entities outside of USDA assigned to the Administrator, Risk
accomplishments in achieving program to provide technical services; Management Agency, and to the
objectives; and (xiii) The authority for partnerships Administrator, Farm Service Agency.
(vi) Enter into and administer and cooperation provided by section (19) Administer the Healthy Forests
contracts with program participants and 1243 of the Act (16 U.S.C. 3843); and Reserve Program authorized by sections
waive cost-sharing requirements when (xiv) The incentives for certain 501–508, Title V of the Healthy Forests
such cost-sharing requirements would farmers and ranchers and Indian tribes Restoration Act of 2003 (16 U.S.C.
result in a failure to proceed with and the protection of certain proprietary 6571–6578).
needed on-farm measures. information related to natural resources (20) Coordinate USDA input and
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(13) Administer natural resources conservation programs as provided by assistance to the Department of
conservation authorities, including section 1244 of the Act (16 U.S.C. 3844), Commerce and other Federal agencies
authorities related to programs of the except for responsibilities assigned to consistent with section 307 of the
Commodity Credit Corporation that the Administrator, Farm Service Coastal Zone Management Act of 1972
provide assistance with respect to Agency. (16 U.S.C. 1456), and coordinate USDA
natural resources conservation, under (xv) The Agriculture Conservation review of qualifying state and local
Title XII of the Food Security Act of Experienced Services Program government coastal management plans
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f; 7 U.S.C. 1010–1011; 16 U.S.C. 3451– § 2.600 Deputy Under Secretary for Trade provisions concerning the end-use
3461. and Foreign Agricultural Affairs. certificate system authorized pursuant
(3) Giving final approval to and Pursuant to § 2.26(a), subject to to section 321(f) of that Act (19 U.S.C.
transmitting to the Congress watershed reservations in § 2.26(b), and subject to 3391(f)) delegated to the Administrator,
work plans that require congressional policy guidance and direction by the Farm Service Agency), and other
approval. Under Secretary, the following legislation affecting international
delegation of authority is made to the agricultural trade including the
§ 2.44 [Amended] Deputy Under Secretary for Trade and programs designed to reduce foreign
■ 15. Amend § 2.44 in paragraph (a) Foreign Agricultural Affairs, if tariffs and other trade barriers.
introductory text by removing the words appointed, to be exercised only during (3) Conduct studies of worldwide
‘‘Under Secretary for Farm and Foreign the absence or unavailability of the production, trade, marketing, prices,
Agricultural Services’’ and adding in Under Secretary: Perform all the duties consumption, and other factors affecting
their place the words ‘‘Under Secretary and exercise all the powers which are exports and imports of U.S. agricultural
for Farm Production and Conservation’’. now or which may hereafter be commodities; obtain information on
delegated to the Under Secretary for methods used by other countries to
Subpart G—Delegations of Authority Trade and Foreign Agricultural Affairs: move farm commodities in world trade
by the Assistant to the Secretary for Provided, that this authority shall be on a competitive basis for use in the
Rural Development exercised by the respective Deputy development of programs of this
Under Secretary in the order in which Department; provide information to
■ 16. The heading for subpart G is he or she has taken office as a Deputy domestic producers, the agricultural
revised to read as set forth above. Under Secretary. trade, the public and other interests; and
§ 2.45 [Removed and Reserved] § 2.601 Administrator, Foreign Agricultural promote normal commercial markets
Service. abroad. This delegation excludes basic
■ 17. Remove and reserve § 2.45.
(a) Delegations. Pursuant to and long-range analyses of world
■ 18. Amend § 2.47 by adding paragraph conditions and developments affecting
(a)(19) to read as follows: § 2.26(a)(1) and (3), subject to
reservations in § 2.26(b), the following supply, demand, and trade in farm
§ 2.47 Administrator, Rural Utilities delegations of authority are made by the products and general economic analyses
Service. Under Secretary for Trade and Foreign of the international financial and
(a) * * * Agricultural Affairs to the monetary aspects of agricultural affairs
(19) Administer the authority under Administrator, Foreign Agricultural as assigned to the Under Secretary for
Sec. 746 of Division A of the Service: Research, Education, and Economics.
Consolidated Appropriations Act, 2018 (1) Coordinate the carrying out by (4) Administer Departmental
(Pub. L. 115–141), and any successor Department agencies of their functions programs concerned with development
provisions in subsequent appropriations involving foreign agriculture policies of foreign markets for agricultural
acts, to issue waivers to the U.S. iron and programs and their operations and products of the United States except
and steel requirements for the activities in foreign areas. Act as liaison functions relating to export marketing
construction, alteration, maintenance, or on these matters and functions relating operations under section 32, of the Act
repair of a public water or wastewater to foreign agriculture between the of August 23, 1935, as amended (7
system. Department of Agriculture and the U.S.C. 612c), delegated to the Under
Department of State, the United States Secretary for Marketing and Regulatory
* * * * *
Trade Representative, the Trade Policy Programs, and utilization research
Subpart J—Delegations of Authority by Committee, the Agency for International delegated to the Under Secretary for
the Under Secretary for Natural Development and other departments, Research, Education, and Economics.
Resources and Environment agencies and committees of the U.S. (5) Exercise the Department’s
Government, foreign governments, the functions with respect to the
§ 2.61 [Removed and Reserved] Organization for Economic Cooperation International Coffee Agreement or any
■ 19. Remove and reserve § 2.61. and Development, the European Union, such future agreement.
the Food and Agriculture Organization (6) Administer functions of the
Subpart N—Delegations of Authority of the United Nations, the International Department relating to import controls
by the Under Secretary for Marketing Bank for Reconstruction and including, among others, functions
and Regulatory Programs Development, the Inter–American under section 22 of the Agricultural
Development Bank, the Organization of Adjustment Act of 1933, as amended (7
§ 2.79 [Amended]
American States, and other public and U.S.C. 624), the Harmonized Tariff
■ 20. Amend § 2.79 by removing and private United States and international Schedule of the United States (19 U.S.C.
reserving paragraph (a)(8)(lxiv). organizations, and the contracting 1202), and section 204 of the
■ 21. Add Subpart U, consisting of parties to the World Trade Organization Agricultural Act of 1956, as amended (7
§§ 2.600 through 2.602, to read as (WTO). U.S.C. 1854) but not including those
follows: (2) Conduct functions of the functions reserved to the Secretary
Department relating to WTO, the Trade under § 2.16(b)(2) and those relating to
Subpart U—Delegations of Authority Expansion Act of 1962 (19 U.S.C. 1801 section 8e of the Agricultural
by the Under Secretary for Trade and et seq.), the Trade Act of 1974 (19 U.S.C. Adjustment Act of 1933, as amended (7
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Foreign Agricultural Affairs 2101 et seq.), the Trade Agreements Act U.S.C. 608e–1), as assigned to the Under
of 1979 (19 U.S.C. 2501 et seq.), the Secretary for Marketing and Regulatory
Sec.
2.600 Deputy Under Secretary for Trade
Omnibus Trade and Competition Act of Programs.
and Foreign Agricultural Affairs. 1988 (19 U.S.C. 2901 et seq.), the (7) Conduct Department activities to
2.601 Administrator, Foreign Agricultural provisions of subtitle B of title III of the carry out the provisions of the Export
Service. North American Free Trade Agreement Administration Act of 1979, as amended
2.602 Manager, U.S. Codex Office. Implementation Act (except the (50 U.S.C. Chapter 56).
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![Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations 22189
(8) Exercise the Department’s Act of 1954, as amended (7 U.S.C. 1738 Information Act (7 U.S.C. 7461–7473);
responsibilities in connection with et seq.). and, the Popcorn Promotion, Research,
international negotiations of the Grains (21) [Reserved] and Consumer Information Act (7 U.S.C.
Trade Convention and in the (22) Allocate the agricultural 7481–7491). This authority includes
administration of such Convention. commodities acquired under price determining the programs and activities
(9) Administer responsibilities and support programs that have been to be undertaken and assuring that they
functions assigned under the Defense determined by the FSA Administrator to are coordinated with the overall
Production Act of 1950, as amended (50 be available for export among the departmental programs to develop
U.S.C. App. 2061 et seq.), and title VI various export programs. foreign markets for U.S. agricultural
of the Robert T. Stafford Disaster Relief (23) Maintain a worldwide products.
and Emergency Assistance Act (42 agricultural intelligence and reporting (25) Establish and administer
U.S.C. 5195 et seq.), concerning foreign system, including provision for foreign regulations relating to foreign travel by
agricultural intelligence and other agricultural representation abroad to employees of the Department.
foreign agricultural matters. protect and promote U.S. agricultural Regulations will include, but not be
(10) Conduct economic analyses interests and to acquire information on limited to, obtaining and controlling
pertaining to the foreign sugar situation. demand, competition, marketing, and passports, obtaining visas, coordinating
(11) Exercise the Department’s distribution of U.S. agricultural Department of State medical clearances
functions with respect to the commodities abroad pursuant to title VI and imposing requirements for
of the Agricultural Act of 1954, as itineraries and contacting the Foreign
International Sugar Agreement or any
amended (7 U.S.C. 1761–1768). Agricultural Affairs Officers upon
such future agreements.
(24) Plan and carry out programs and arrival in the Officers’ country(ies) of
(12) Exercise the Department’s activities under the foreign market
responsibilities with respect to tariff- responsibility.
promotion authority of: The Wheat (26) Administer the Foreign Service
rate quotes for dairy products under Research and Promotion Act (7 U.S.C.
chapter 4 of the Harmonized Tariff personnel system for the Department in
1292 note); the Cotton Research and accordance with 22 U.S.C. 3922, except
Schedule of the United States (19 U.S.C. Promotion Act (7 U.S.C. 2101–2118); the
1202). as otherwise delegated in § 2.80(a)(1),
Potato Research and Promotion Act (7 but including authority to represent the
(13) Serve as a focal point for U.S.C. 2611–2627); the Egg Research
handling quality or weight discrepancy Department of Agriculture in all
and Consumer Information Act of 1974 interagency consultations and
inquiries from foreign buyers of U.S. (7 U.S.C. 2701–2718); the Beef Research
agricultural commodities to insure that negotiations with the other foreign
and Information Act, as amended (7 affairs agencies with respect to joint
they are investigated and receive a U.S.C. 2901–2911); the Wheat and
timely response and that reports thereof regulations and authority to approve
Wheat Foods Research and Nutrition joint regulations issued by the
are made to appropriate parties and Education Act (7 U.S.C. 3401–3417); the
government officials in order that Department of State relating to the
Floral Research and Consumer administration of the Foreign Service.
corrective action may be taken. Information Act of 1981 (7 U.S.C. 4301–
(14) Formulate policies and (27) Establish and maintain U.S.
4319); subtitle B of title I of the Dairy Agricultural Trade Offices to develop,
administer programs and activities and Tobacco Adjustment Act of 1983 (7
authorized by the Agricultural Trade maintain and expand international
U.S.C. 4501–4514); the Honey Research, markets for U.S. agricultural
Act of 1978, as amended (7 U.S.C. 5601 Promotion, and Consumer Information
et seq.). commodities in accordance with title IV
Act of 1984, as amended (7 U.S.C. 4601– of Public Law No. 95–501 (7 U.S.C.
(15) Formulate policies and 4613); the Pork Promotion, Research, 1765a–g).
administer barter programs under which and Consumer Information Act of 1985 (28) Administer the programs under
agricultural commodities are exported. (7 U.S.C. 4801–4819); the Watermelon section 416(b) of the Agricultural Act of
(16) Perform functions of the Research and Promotion Act, as 1949, as amended (7 U.S.C. 1431(b)),
Department in connection with the amended (7 U.S.C. 4901–4916); the relating to the foreign donation of CCC
development and implementation of Pecan Promotion and Research Act of stocks of agricultural commodities,
agreements to finance the sale and 1990 (7 U.S.C. 6001–6013); the except as otherwise delegated in
exportation of agricultural commodities Mushroom Promotion, Research, and § 2.42(a)(43).
on long-term credit or for foreign Consumer Information Act of 1990 (7 (29)–(30) [Reserved]
currencies under the Food for Peace Act U.S.C. 6101–6112); the Lime Research, (31) Administer programs under the
(7 U.S.C. 1691, 1701 et seq.). Promotion, and Consumer Information Food for Progress Act of 1985 (7 U.S.C.
(17) Coordinate within the Act of 1990 (7 U.S.C. 6201–6212); the 1736o), except as otherwise delegated in
Department activities arising under the Soybean Promotion, Research, and § 2.42(a)(43).
Food for Peace Act (except as delegated Consumer Information Act of 1990 (7 (32) Serve as Department adviser on
to the Under Secretary for Research, U.S.C. 6301–6311); the Fluid Milk policies, organizational arrangements,
Education, and Economics in Promotion Act of 1990 (7 U.S.C. 6401– budgets, and actions to accomplish
§ 2.21(a)(8)), and represent the 6417); the Fresh Cut Flowers and Fresh international scientific and technical
Department in its relationships in such Cut Greens Promotion and Consumer cooperation in food and agriculture.
matters with the Department of State, Information Act (7 U.S.C. 6801–6814); (33) Administer and direct the
any interagency committee on the Food the Sheep Promotion, Research, and Department’s programs in international
for Peace Act, and other departments, Information Act of 1994 (7 U.S.C. 7101– development, technical assistance, and
nshattuck on DSK9F9SC42PROD with RULES
agencies, and committees of the 7111); the Commodity Promotion, training carried out under the Foreign
Government. Research, and Information Act of 1996 Assistance Act, as amended, as
(18)–(19) [Reserved] (7 U.S.C. 7411–7425); the Canola and requested under such act (22 U.S.C.
(20) Carry out activities relating to the Rapeseed Research, Promotion, and 2151 et seq.).
sale, reduction, or cancellation of debt, Consumer Information Act (7 U.S.C. (34) Administer and coordinate
as authorized by title VI of the 7441–7452); the National Kiwifruit assigned Departmental programs in
Agricultural Trade and Development Research, Promotion, and Consumer international research and scientific and
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![22190 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations
technical cooperation with other (iii) Coordinating all agency satellite address problems of significance to food
governmental agencies, land grant imagery data needs; and and agriculture in the United States (7
universities, international organizations, (iv) Arranging for acquisition, and U.S.C. 3291).
international agricultural research preparation of imagery for use to the (iv) Work with transitional and more
centers, and other organizations, extent of existing capabilities. advanced countries in food, agricultural,
institutions, or individuals (7 U.S.C. (46) [Reserved] and related research, development,
1624, 3291). (47) Implement section 3206 of the teaching, and extension activities
(35) Direct and coordinate the Food, Conservation, and Energy Act of related to the sanitary and phytosanitary
Department’s participation in scientific 2008 (7 U.S.C. 1726c) regarding local standard-setting activities of the Codex
and technical matters and exchange and regional food aid procurement Alimentarius Commission (7 U.S.C.
agreements between the United States projects. 3291).
and other countries. (48) Administer the Borlaug (v) Enter into contracts, grants,
(36) Direct and coordinate the International Agricultural Science and cooperative agreements, and cost
Department’s work with international Technology Fellowship Program (7 reimbursable agreements to carry out
organizations and interagency U.S.C. 3319j). the Department’s agricultural research,
committees concerned with food and (49) [Reserved] extension, or teaching activities related
agricultural development programs (7 (50) Administer the following to the sanitary and phytosanitary
U.S.C. 2201 and 2202). provisions of the Agricultural Act of standard-setting activities of the Codex
(37) Coordinate policy formulation for 2014, Public Law 113–79: Alimentarius Commission (7 U.S.C.
USDA international science and (i) Section 12314 relating to the Pima 3318, 3319a).
technology programs concerning Agriculture Cotton Trust Fund (7 U.S.C. (vi) Determine amounts reimbursable
international agricultural research 2101 note), in coordination with the for indirect costs under international
centers, international organizations, and Administrator, Farm Service Agency. agricultural programs and agreements (7
international agricultural research and (ii) Section 12315 relating to the U.S.C. 3319).
extension activities (7 U.S.C. 3291). Agriculture Wool Apparel (vii) Coordinate policy formulation for
(38) Disseminate, upon request, Manufacturers Trust Fund (7 U.S.C. USDA international science and
information on subjects connected with 7101 note), in coordination with the technology programs concerning the
agriculture which has been acquired by Administrator, Farm Service Agency. sanitary and phytosanitary standard-
USDA agencies that may be useful to the (b) [Reserved] setting activities of the Codex
U.S. private sector in expanding foreign § 2.602 Manager, U.S. Codex Office. Alimentarius Commission (7 U.S.C.
markets and investment opportunities 3291).
through the operation of a Department (a) Delegations. Pursuant to
§ 2.26(a)(5), subject to reservations in (b) [Reserved]
information center, pursuant to 7 U.S.C.
2201. § 2.26(b), the following delegations of PART 1409—[REMOVED AND
(39) Enter into contracts, grants, authority are made by the Under RESERVED]
cooperative agreements, and cost Secretary for Trade and Foreign
reimbursable agreements relating to Agricultural Affairs. ■ 22. Remove and reserve part 1409.
agricultural research, extension, or (i) Inform the public of the sanitary
Dated: May 7, 2018.
teaching activities (7 U.S.C. 3318, and phytosanitary standard-setting
activities of the Codex Alimentarius Sonny Perdue,
3319a). Secretary of Agriculture.
(40) Determine amounts reimbursable Commission (19 U.S.C. 2578; Pres. Proc.
for indirect costs under international 6780). [FR Doc. 2018–10133 Filed 5–11–18; 8:45 am]
agricultural programs and agreements (7 (ii) Enter into agreements with BILLING CODE 3410–90–P
U.S.C. 3319). organizations, institutions or
(41) Administer the Cochran individuals throughout the world to
Fellowship Program (7 U.S.C. 3293). conduct activities related to the sanitary SECURITIES AND EXCHANGE
(42) Determine quantity trigger levels and phytosanitary standard-setting COMMISSION
and impose additional duties under the activities of the Codex Alimentarius
special safeguard measures in Commission, including international 17 CFR Parts 232 and 249
accordance with U.S. note 2 to outreach and education, in order to [Release Nos. 33–10486; 34–83097; IC–
subchapter IV of chapter 99 of the promote and support the development 33077]
Harmonized Tariff Schedule of the of a viable and sustainable global
agricultural system; antihunger and RIN 3235–AM37
United States (19 U.S.C. 1202).
(43) Implement provisions of the improved international nutrition efforts;
Amendments to Forms and Schedules
Trade Act of 1974 regarding adjustment and increased quantity, quality, and
To Remove Provision of Certain
assistance for farmers. (19 U.S.C. 2401– availability of food (7 U.S.C. 3291).
Personally Identifiable Information
2401g). (iii) Coordinate with institutions and
(44) Implement section 3107 of the other persons throughout the world AGENCY: Securities and Exchange
Farm Security and Rural Investment Act performing agricultural and related Commission.
of 2002 (7 U.S.C. 1736o–1). research, extension, and teaching ACTION: Final rule.
(45) Support remote sensing activities activities by exchanging research
of the Department and research with materials and results with such SUMMARY: We are adopting revisions to
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satellite imagery including: institutions or persons or by conducting forms filed under the Securities
(i) Providing liaison with U.S. space with such institutions or persons joint Exchange Act of 1934 (‘‘Exchange Act’’)
programs; or coordinated research, extension, or to eliminate the portion of those forms
(ii) Providing administrative teaching activities that are related to the that requests filers to furnish certain
management of the USDA Remote sanitary and phytosanitary standard- personally identifiable information
Sensing Archive and the transfer of setting activities of the Codex (‘‘PII’’) of natural persons, including
satellite imagery to all USDA agencies; Alimentarius Commission and that Social Security numbers.
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Document Created: 2018-05-12 01:10:48
Document Modified: 2018-05-12 01:10:48
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective May 14, 2018. | |
| Contact | Melissa McClellan, Office of the General Counsel, (202) 720-5565, [email protected] | |
| FR Citation | 83 FR 22177 | |
| CFR Citation | 7
CFR
1409 7 CFR 2 | |
| CFR Associated | Sunshine Act and Authority Delegations (government Agencies) |
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