SUPPLEMENTARY INFORMATION:

This rule makes several changs to the United States Department of Agriculture's (USDA) delegations of authority in 7 CFR part 2 by adding new delegations and modifying or removing several existing delegations.

Overview of Changes

First, this rule codifies into the Code of Federal Regulations (CFR) any delegation of authority previously issued by the Secretary through a Secretary's Memorandum (SM) that has not yet been codified. These include:

• SM 1077-012: This SM delegated to the Administrator of the Risk Management Agency (RMA) the authority of the Secretary under section 1473A of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319a). This delegation allows the Administrator of RMA to enter into cost-reimbursable agreements to improve the efficiency and effectiveness of Federal programs in support of the Federal Crop Insurance Program. To the extent to which RMA entered into any such agreements after the expiration of the SM, such agreements are ratified in full.
• SM 1078-018: This SM delegated to the Assistant Secretary for Administration the authority under the Service First initiative to create a co-location program for Federal offices and facilities leased by USDA to further the Administration's Return-to-Office initiative and promote customer service and efficiency. This delegation also allows all agencies and staff offices of the USDA to use the Service First initiative to exercise the authority necessary to participate in the co-location program.

Second, this rule makes other changes to the published delegations consistent with existing SMs. On February 13, 2025, the Secretary rescinded all Diversity, Equity, Inclusion, and Accessibility programs, including the Special Emphasis Programs (SEP), and instructed the Department to reprioritize unity, equality, meritocracy, and color-blind policies. See SM 1078-001. In accordance with that instruction, this rule rescinds the delegations to the Assistant Secretary for Administration (§ 2.24(a)(4)(xv)) and the Director, Office of Human Resources Management (§ 2.91(a)(15)) to provide for diversity and inclusion through SEP programs and administering a Federal Equal Opportunity Recruitment Program.

Third, this rule makes technical changes to correct outdated citations or references. For example, it revises § 2.31(a)(7)) to update the reference from the General Accounting Office to the Government Accountability Office (GAO). Additionally, Section 315 of the Expanding Public Lands Outdoor Recreation Experiences (EXPLORE) Act, Public Law 118-234, repealed the Department's Service First authority at 43 U.S.C. 1703 and re-enacted it with revisions in 16 U.S.C. 8544(b). This rule updates the citation to the Service First authority accordingly throughout 7 CFR part 2. It also fixes a citation to title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act for the Chief of the Forest Service. Finally, this rule updates references to the Defense Production Act of 1950, as it has been recodified from an Appendix to chapter 55 in title 50, U.S. Code.

Fourth, this rule makes new delegations consistent with activities already underway at the Department. For example, this rule delegates authority to administer Section 9003(h) and (j) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103(h) and (j)), as added by Sections 22001 (Powering Affordable Clean Energy, or “PACE”) and 22004 (Empowering Rural America, or “New ERA”) of the Inflation Reduction Act, Public Law 117-169 (Aug. 16, 2022), to the Administrator of the Rural Utilities Service (RUS). Section 9003 otherwise remains delegated to the administrator of the Rural Business-Cooperative Service. Similarly, this rule delegates the various authorities of the Secretary in the Expanding Public Lands Outdoor Recreation Experiences (EXPLORE) Act, Public Law 118-234, and the National Forest System Trails Stewardship Act, 16 U.S.C. 583k et seq., to the Chief of the Forest Service. To the extent to which RUS or the Forest Service have already undertaken activities consistent with those statutory authorities, such activities are ratified in full.

Finally, this rule modifies or removes several existing delegations. First, it removes the designation of the Inspector General as the liaison official for the Department for all audits of USDA performed by GAO. That administrative function will be reassigned in the Department. Second, this rule moves the delegation of authority to administer the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501 et seq.) from the Under Secretary for Farm Production and Conservation and the Administrator of the Farm Service Agency to the Assistant Secretary for Administration. Third, this rule moves various administration and coordination functions related to the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.), the Agriculture Priorities and Allocations System (7 CFR part 789), and several related Executive Orders from the Under Secretary for Farm Production and Conversation (FPAC), the Chief Operating Officer of the FPAC Business Center, and the Administrator of Farm Service Agency to the Assistant Secretary for Administration and the Executive Director of the Office of Homeland Security. Finally, the rule moves various legislative and regulatory reporting and related activities from the Director, Office of Budget and Program Analysis, to the General Counsel. ( printed page 18768)

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, as amended. 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.).

Accordingly, as discussed in the preamble, 7 CFR part 2 is amended as follows:

1. The authority citation for part 2 continues to read as follows:

Authority: 7 U.S.C. 6912(a)(1); 5 U.S.C. 301; Reorganization Plan No. 2 of 1953, 3 CFR 1949-1953 Comp., p. 1024.

2. In part 2, remove the text “50 U.S.C. App. 2061 et seq.” or “50 U.S.C. App. 2061, et seq.”, wherever it appears, and add, in its place, the text “50 U.S.C. 4501 et seq.”.

3. Amend § 2.16 by:

a. Removing and reserving paragraph (a)(1)(xii).

b. Adding paragraph (a)(4)(xi).

c. Removing and reserving paragraph (a)(6)(ii).

The addition reads as follows:

4. Amend § 2.17 by adding paragraph (a)(20)(xvi) to read as follows:

5. Amend § 2.20 by adding paragraphs (a)(2)(lvii) and (a)(2)(lviii) to read as follows:

6. Amend § 2.24 by removing and reserving paragraph (a)(4)(xv) and by adding paragraphs (a)(6)(ii)(J), (a)(7), (a)(8)(x)(N), and (a)(8)(x)(O) to read as follows:

7. Amend § 2.30 by revising paragraphs (a)(1), (a)(3), and (a)(6) to read as follows:

8. Amend § 2.31 by revising paragraph (a)(7) and adding paragraph (e) to read as follows:

9. Amend § 2.33 by removing and reserving paragraph (a)(3).

10. Amend § 2.42 by revising paragraph (a)(5) and by removing and reserving paragraph (a)(14) to read as follows:

11. Amend § 2.44 by adding paragraph (a)(11) to read as follows:

12. Amend § 2.47 by adding paragraph (a)(20) to read as follows:

13. Amend § 2.60 by revising paragraph (a)(34) and by adding paragraphs (a)(66) and (a)(67) to read as follows:

14. Amend § 2.91 by removing and reserving paragraph (a)(15).

15. Amend § 2.95 by adding paragraphs (b)(10)(xiv) and (b)(10)(xv) to read as follows:

16. In addition to the amendments set forth above, in 7 CFR part 2, remove the text “43 U.S.C. 1703” and add, in its place, the text “16 U.S.C. 8544(b)” in the following places:

a. Section 2.16(a)(12);

b. Section 2.20(a)(2)(xxxix);

c. Section 2.41(a)(7);

d. Section 2.42(a)(31);

e. Section 2.43(a)(5);

f. Section 2.44(a)(10); and

g. Section 2.60(a)(48).

91 FR 18767