[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2011 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

          Title 7


          Parts 1 to 26

          Revised as of January 1, 2011


          Agriculture
          



________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of January 1, 2011
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register
                    A Special Edition of the Federal Register

[[Page ii]]

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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 7:
          SUBTITLE A--Office of the Secretary of Agriculture         3
  Finding Aids:
      Table of CFR Titles and Chapters........................     545
      Alphabetical List of Agencies Appearing in the CFR......     565
      List of CFR Sections Affected...........................     575

[[Page iv]]





                     ----------------------------

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 7 CFR 1.1 refers to 
                       title 7, part 1, section 
                       1.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, January 1, 2011), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in eleven separate 
volumes. For the period beginning January 1, 2001, a ``List of CFR 
Sections Affected'' is published at the end of each CFR volume.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not accidentally dropped due to a printing or computer error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed as 
an approved incorporation by reference, please contact the agency that 
issued the regulation containing that incorporation. If, after 
contacting the agency, you find the material is not available, please 
notify the Director of the Federal Register, National Archives and 
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or call 202-741-6010.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Authorities 
and Rules. A list of CFR titles, chapters, subchapters, and parts and an 
alphabetical list of agencies publishing in the CFR are also included in 
this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.

[[Page vii]]

    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, 8601 Adelphi Road, College Park, MD 
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ELECTRONIC SERVICES

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Register, Public Laws, Public Papers of the Presidents of the United 
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information. Connect to NARA's web site at www.archives.gov/federal-
register.

    Raymond A. Mosley,
    Director,
    Office of the Federal Register.
    January 1, 2011.







[[Page ix]]



                               THIS TITLE

    Title 7--Agriculture is composed of fifteen volumes. The parts in 
these volumes are arranged in the following order: Parts 1-26, 27-52, 
53-209, 210-299, 300-399, 400-699, 700-899, 900-999, 1000-1199, 1200-
1599, 1600-1759, 1760-1939, 1940-1949, 1950-1999, and part 2000 to end. 
The contents of these volumes represent all current regulations codified 
under this title of the CFR as of January 1, 2011.

    The Food and Nutrition Service current regulations in the volume 
containing parts 210-299, include the Child Nutrition Programs and the 
Food Stamp Program. The regulations of the Federal Crop Insurance 
Corporation are found in the volume containing parts 400-699.

    All marketing agreements and orders for fruits, vegetables and nuts 
appear in the one volume containing parts 900-999. All marketing 
agreements and orders for milk appear in the volume containing parts 
1000-1199.

    For this volume, Michele Bugenhagen was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Michael L. White, assisted by Ann Worley.

[[Page 1]]



                          TITLE 7--AGRICULTURE




                   (This book contains parts 1 to 26)

  --------------------------------------------------------------------
                                                                    Part

SUBTITLE A--Office of the Secretary of Agriculture..........           1

[[Page 3]]

           Subtitle A--Office of the Secretary of Agriculture

  --------------------------------------------------------------------

Part                                                                Page
1               Administrative regulations..................           5
1a              Law enforcement authorities.................         118
1b              National Environmental Policy Act...........         119
1c              Protection of human subjects................         121
2               Delegations of authority by the Secretary of 
                    Agriculture and general officers of the 
                    Department..............................         132
3               Debt management.............................         299
4               [Reserved]

5               Determination of parity prices..............         328
6               Import quotas and fees......................         332
7               Selection and functions of Agricultural 
                    Stabilization and Conservation State, 
                    county and community committees.........         349
8               4-H Club name and emblem....................         362
9-10            [Reserved]

11              National Appeals Division...................         365
12              Highly erodible land and wetland 
                    conservation............................         377
13              [Reserved]

14              Determining the primary purpose of certain 
                    payments for Federal tax purposes.......         399
15              Nondiscrimination...........................         402
15a             Education programs or activities receiving 
                    or benefitting from Federal financial 
                    assistance..............................         428
15b             Nondiscrimination on the basis of handicap 
                    in programs or activities receiving 
                    Federal financial assistance............         444
15d             Nondiscrimination in programs or activities 
                    conducted by the United States 
                    Department of Agriculture...............         467
15e             Enforcement of nondiscrimination on the 
                    basis of handicap in programs or 
                    activities conducted by the United 
                    States Department of Agriculture........         468
15f             Adjudications under section 741.............         474

[[Page 4]]

16              Equal opportunity for religious 
                    organizations...........................         483
17              Sales of agricultural commodities made 
                    available under Title 1 of the 
                    Agricultural Trade Development and 
                    Assistance Act of 1954, as amended......         485
18              Equal employment opportunity in the State 
                    Cooperative Extension Services..........         502
19              [Reserved]

20              Export sales reporting requirements.........         505
21              Uniform relocation assistance and real 
                    property acquisition for Federal and 
                    federally assisted programs.............         512
22              Rural development coordination..............         512
23              State and regional annual plans of work.....         518
24              [Reserved]

25              Rural empowerment zones and enterprise 
                    communities.............................         522
26              [Reserved]

[[Page 5]]



PART 1_ADMINISTRATIVE REGULATIONS--Table of Contents



                       Subpart A_Official Records

Sec.
1.1 Purpose and scope.
1.2 Policy.
1.3 Agency implementing regulations.
1.4 Public access to certain materials.
1.5 Requests for records.
1.6 Aggregating requests.
1.7 Agency response to requests for records.
1.8 Multitrack processing.
1.9 Expedited processing.
1.10 Search services.
1.11 Review services.
1.12 Handling information from a private business.
1.13 Date of receipt of requests or appeals.
1.14 Appeals.
1.15 General provisions respecting release of records.
1.16 Extension of administrative deadlines.
1.17 Failure to meet administrative deadlines.
1.18 Fee schedule.
1.19 Exemptions and discretionary release.
1.20 Annual report.
1.21 Compilation of new records.
1.22 Authentication.
1.23 Records in formal adjudication proceedings.
1.24 Preservation of records.
1.25 Implementing regulations for the Office of the Secretary and the 
          Office of Communications.

Appendix A to Subpart A--Fee Schedule

                   Subpart B_Departmental Proceedings

1.26 Representation before the Department of Agriculture.
1.27 Rulemaking and other notice procedures.
1.28 Petitions.
1.29 Subpoenas relating to investigations under statutes administered by 
          the Secretary of Agriculture.

                     Subpart C_Judicial Proceedings

1.41 Service of process.

                            Subpart D_Claims

1.51 Claims based on negligence, wrongful act or omission.

          Subpart E_Cooperative Production of Television Films

1.71 Purpose.
1.72 Policy.
1.73 Responsibility.
1.74 Basis for special working relationships.
1.75 General stipulations.
1.76 Department cooperation.
1.77 Assignment of priorities.
1.78 Development of special working relationships.
1.79 Credits.

                    Subpart G_Privacy Act Regulations

1.110 Purpose and scope.
1.111 Definitions.
1.112 Procedures for requests pertaining to individual records in a 
          record system.
1.113 Times, places, and requirements for identification of individuals 
          making requests.
1.114 Disclosure of requested information to individuals.
1.115 Special procedures: Medical records.
1.116 Request for correction or amendment to record.
1.117 Agency review of request for correction or amendment of record.
1.118 Appeal of initial adverse agency determination on correction or 
          amendment.
1.119 Disclosure of record to person other than the individual to whom 
          it pertains.
1.120 Fees.
1.121 Penalties.
1.122 General exemptions.
1.123 Specific exemptions.

Appendix A to Subpart G--Internal Directives

 Subpart H_Rules of Practice Governing Formal Adjudicatory Proceedings 
           Instituted by the Secretary Under Various Statutes

1.130 Meaning of words.
1.131 Scope and applicability of this subpart.
1.132 Definitions.
1.133 Institution of proceedings.
1.134 Docket number.
1.135 Contents of complaint or petition for review.
1.136 Answer.
1.137 Amendment of complaint, petition for review, or answer; joinder of 
          related matters.
1.138 Consent decision.
1.139 Procedure upon failure to file an answer or admission of facts.
1.140 Conferences and procedure.
1.141 Procedure for hearing.
1.142 Post-hearing procedure.
1.143 Motions and requests.
1.144 Judges.
1.145 Appeal to Judicial Officer.
1.146 Petitions for reopening hearing; for rehearing or reargument of 
          proceeding; or for reconsideration of the decision of the 
          Judicial Officer.
1.147 Filing; service; extensions of time; and computation of time.
1.148 Depositions.
1.149 Subpoenas.

[[Page 6]]

1.150 Fees of witnesses.
1.151 Ex parte communications.

Subpart I_Rules of Practice Governing Cease and Desist Proceedings Under 
                  Section 2 of the Capper-Volstead Act

1.160 Scope and applicability of rules in this part.
1.161 Definitions.
1.162 Institution of proceedings.
1.163 The complaint.
1.164 Answer.
1.165 Amendments.
1.166 Consent order.
1.167 Conference.
1.168 Procedure for hearing.
1.169 Post-hearing procedure and decision.
1.170 Appeal to the Judicial Officer.
1.171 Intervention.
1.172 Motions and requests.
1.173 Judges.
1.174 Filing; service; extensions of time; and computation of time.
1.175 Procedure following entry of cease and desist order.

   Subpart J_Procedures Relating to Awards Under the Equal Access to 
            Justice Act in Proceedings Before the Department

                           General Provisions

1.180 Definitions.
1.181 Purpose of these rules.
1.182 When EAJA applies.
1.183 Proceedings covered.
1.184 Eligibility of applicants.
1.185 Standards for awards.
1.186 Allowable fees and expenses.
1.187 Rulemaking on maximum rates for attorney fees.
1.188 Awards against other agencies.
1.189 Delegations of authority.

                  Information Required From Applicants

1.190 Contents of application.
1.191 Net worth exhibit.
1.192 Documentation of fees and expenses.
1.193 Time for filing application.

                 Procedures for Considering Applications

1.194 Filing and service of documents.
1.195 Answer to application.
1.196 Reply.
1.197 Comments by other parties.
1.198 Settlement.
1.199 Further proceedings.
1.200 Decision.
1.201 Department review.
1.202 Judicial review.
1.203 Payment of award.

   Subpart K_Appearance of USDA Employees as Witnesses in Judicial or 
                       Administrative Proceedings

1.210 Purpose.
1.211 Definitions.
1.212 General.
1.213 Appearance as a witness on behalf of the United States.
1.214 Appearance as a witness on behalf of a party other than the United 
          States where the United States is not a party.
1.215 Subpoenas duces tecum for USDA records in judicial or 
          administrative proceedings in which the United States is not a 
          party.
1.216 Appearance as a witness or production of documents on behalf of a 
          party other than the United States where the United States is 
          a party.
1.217 Witness fees and travel expenses.
1.218 Penalty.
1.219 Delegations.

   Subpart L_Procedures Related to Administrative Hearings Under the 
                Program Fraud Civil Remedies Act of 1986

1.301 Basis, purpose and scope.
1.302 Definitions.
1.303 Basis for civil penalties and assessments.
1.304 Investigation.
1.305 Review by the reviewing official.
1.306 Prerequisites for issuing a complaint.
1.307 Complaint.
1.308 Service of complaint and notice of hearing.
1.309 Answer and request for hearing.
1.310 Default upon failure to file an answer.
1.311 Referral of complaint and answer to the ALJ.
1.312 Procedure where respondent does not request a hearing.
1.313 Procedure where respondent requests a hearing; notice of hearing.
1.314 Parties to the hearing.
1.315 Separation of functions.
1.316 Ex parte contacts.
1.317 Disqualification of reviewing official or ALJ.
1.318 Rights of parties.
1.319 Authority of the ALJ.
1.320 Prehearing conferences.
1.321 Disclosure of documents.
1.322 Discovery.
1.323 Subpoenas for attendance at hearing.
1.324 Fees.
1.325 Form, filing and service of papers.
1.326 Computation of time.
1.327 Motions.
1.328 Sanctions.
1.329 The hearing and burden of proof.
1.330 Location of hearing.
1.331 Witnesses.

[[Page 7]]

1.332 Evidence.
1.333 The record.
1.334 Post-hearing briefs.
1.335 Determining the amount of penalties and assessments.
1.336 Initial decision of the ALJ.
1.337 Reconsideration of initial decision.
1.338 Appeal to the judicial officer.
1.339 Stays ordered by the Department of Justice.
1.340 Stay pending appeal.
1.341 Judicial review.
1.342 Collection of civil penalties and assessments.
1.343 Right to administrative offset.
1.344 Deposit to Treasury of the United States.
1.345 Settlement.
1.346 Limitation.

  Subpart M_Rules of Practice Governing Adjudication of Sourcing Area 
Applications and Formal Review of Sourcing Areas Pursuant to the Forest 
Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620 et 
                                  seq.)

1.410 Meaning of words.
1.411 Definitions.
1.412 Institution of proceedings.
1.413 Submission of a sourcing area application.
1.414 Docket number.
1.415 Notification of proceedings.
1.416 Comment period.
1.417 Review period.
1.418 Procedure upon no request for hearing.
1.419 Amendment of a sourcing area application.
1.420 Consent recommendation.
1.421 Prehearing conferences and procedures.
1.422 Conduct of the hearing.
1.423 Post-hearing procedure.
1.424 Motions and requests.
1.425 Judges.
1.426 Appeal to Judicial Officer.
1.427 Filing; identification of parties of record; service; and 
          computation of time.
1.428 Depositions.
1.429 Ex parte communications.

    Subpart N_Policy With Regard to Indemnification of Department of 
                          Agriculture Employees

1.501 Policy on employee indemnification.

            Subpart O_Conditions in FERC Hydropower Licenses

                           General Provisions

1.601 What is the purpose of this subpart, and to what license 
          proceedings does it apply?
1.602 What terms are used in this subpart?
1.603 How are time periods computed?
1.604 What deadlines apply to pending applications?

                             Hearing Process

                             Representatives

1.610 Who may represent a party, and what requirements apply to a 
          representative?

                       Document Filing and Service

1.611 What are the form and content requirements for documents under 
          Sec. Sec. 1.611 through 1.660?
1.612 Where and how must documents be filed?
1.613 What are the requirements for service of documents?

                      Initiation of Hearing Process

1.620 What supporting information must the Forest Service provide with 
          its preliminary conditions?
1.621 How do I request a hearing?
1.622 How do I file a notice of intervention and response?
1.623 When will hearing requests be consolidated?
1.624 How will the Forest Service respond to any hearing requests?
1.625 What will the Forest Service do with any hearing requests?
1.626 What regulations apply to a case referred for a hearing?

                 General Provisions Related to Hearings

1.630 What will OALJ do with a case referral?
1.631 What are the powers of the ALJ?
1.632 What happens if the ALJ becomes unavailable?
1.633 Under what circumstances may the ALJ be disqualified?
1.634 What is the law governing ex parte communications?
1.635 What are the requirements for motions?

                  Prehearing Conferences and Discovery

1.640 What are the requirements for prehearing conferences?
1.641 How may parties obtain discovery of information needed for the 
          case?
1.642 When must a party supplement or amend information it has 
          previously provided?
1.643 What are the requirements for written interrogatories?
1.644 What are the requirements for depositions?
1.645 What are the requirements for requests for documents or tangible 
          things or entry on land?
1.646 What sanctions may the ALJ impose for failure to comply with 
          discovery?

[[Page 8]]

1.647 What are the requirements for subpoenas and witness fees?

                     Hearing, Briefing, and Decision

1.650 When and where will the hearing be held?
1.651 What are the parties' rights during the hearing?
1.652 What are the requirements for presenting testimony?
1.653 How may a party use a deposition in the hearing?
1.654 What are the requirements for exhibits, official notice, and 
          stipulations?
1.655 What evidence is admissible at the hearing?
1.656 What are the requirements for transcription of the hearing?
1.657 What is the standard of proof?
1.658 When will the hearing record close?
1.659 What are the requirements for post-hearing briefs?
1.660 What are the requirements for the ALJ's decision?

                          Alternatives Process

1.670 How must documents be filed and served under Sec. Sec. 1.670 
          through 1.673?
1.671 How do I propose an alternative?
1.672 What will the Forest Service do with a proposed alternative?
1.673 How will the Forest Service analyze a proposed alternative and 
          formulate its modified conditions?
1.674 Has OMB approved the information collection provisions of 
          Sec. Sec. 1.670 through 1.673?

    Authority: 5 U.S.C. 301, unless otherwise noted.



                       Subpart A_Official Records

    Authority: 5 U.S.C. 301, 552; 7 U.S.C. 3125a; 31 U.S.C. 9701; and 7 
CFR 2.28(b)(7)(viii).



Sec. 1.1  Purpose and scope.

    This subpart establishes policy, procedures, requirements, and 
responsibilities for administration and coordination of the Freedom of 
Information Act (``FOIA''), 5 U.S.C. 552, pursuant to which any person 
may obtain official records. It also provides rules pertaining to the 
disclosure of records pursuant to compulsory process. This subpart also 
serves as the implementing regulations (referred to in Sec. 1.3, 
``Agency implementing regulations'') for the Office of the Secretary 
(the immediate offices of the Secretary, Deputy Secretary, Under 
Secretaries and Assistant Secretaries) and for the Office of 
Communications. The Office of Communications has the primary 
responsibility for implementation of the FOIA in the Department of 
Agriculture (``USDA'' or ``Department''). The term ``agency'' or 
``agencies'' is used throughout this subpart to include both USDA 
program agencies and staff offices.

[65 FR 46336, July 28, 2000]



Sec. 1.2  Policy.

    (a) Agencies of USDA shall comply with the time limits set forth in 
the FOIA and in this subpart for responding to and processing requests 
and appeals for agency records, unless there are unusual circumstances 
within the meaning of 5 U.S.C. 552(a)(6)(B) and Sec. 1.16(b). An agency 
shall notify a requester in writing whenever it is unable to respond to 
or process a request or appeal within the time limits established by the 
FOIA.
    (b) All agencies of the Department shall comply with the fee 
schedule provided as appendix A to this subpart, with regard to the 
charging of fees for providing copies of records and related services to 
requesters.

[65 FR 46337, July 28, 2000]



Sec. 1.3  Agency implementing regulations.

    Each agency of the Department shall promulgate regulations setting 
forth the following:
    (a) The location and hours of operation of the agency office or 
offices where members of the public may gain access to those materials 
required by 5 U.S.C. 552(a)(2) and Sec. 1.4 to be made available for 
public inspection and copying.
    (b) Information regarding the publication and distribution (by sale 
or otherwise) of indexes and supplements to indexes that are maintained 
in accordance with the requirements of 5 U.S.C. 552(a)(2) and Sec. 
1.4(c);
    (c) The title and mailing address of the official or officials of 
the agency authorized to receive requests for records submitted in 
accordance with Sec. 1.5(a), and to make determinations regarding 
whether to grant or deny such requests. Authority to make such 
determinations includes authority to:

[[Page 9]]

    (1) Extend the 20 working day administrative deadline for reply 
pursuant to Sec. 1.16;
    (2) Make discretionary releases pursuant to Sec. 1.19(b);
    (3) Make determinations regarding the charging of fees pursuant to 
appendix A to this subpart;
    (d) The title and mailing address of the agency official who is 
authorized to receive appeals submitted in accordance with Sec. 1.14 
and to make determinations regarding whether to grant or deny such 
appeals. Authority to determine appeals includes authority to:
    (1) Extend the 20 working day administrative deadline for reply 
pursuant to Sec. 1.16 (to the extent the maximum extension authorized 
by Sec. 1.16(c) was not used with regard to the initial request;
    (2) Make discretionary releases pursuant to Sec. 1.19(b);
    (3) Make determinations regarding the charging of fees pursuant to 
appendix A to this subpart; and
    (e) Other information which would be of concern to a person wishing 
to request records from that agency in accordance with this subpart.

[65 FR 46337, July 28, 2000]



Sec. 1.4  Public access to certain materials.

    (a) In accordance with 5 U.S.C. 552(a)(2), each agency within the 
Department shall make the following materials available for public 
inspection and copying (unless they are promptly published and copies 
offered for sale):
    (1) Final opinions, including concurring and dissenting opinions, as 
well as orders, made in the adjudication of cases;
    (2) Those statements of policy and interpretation which have been 
adopted by the agency and are not published in the Federal Register;
    (3) Administrative staff manuals and instructions to staff that 
affect a member of the public;
    (4) Copies of all records, regardless of form or format, which have 
been released pursuant to a FOIA request under 5 U.S.C. 552(a)(3), and 
which because of the nature of their subject matter, have become or are 
likely to become the subject of subsequent requests for substantially 
the same records. Agencies shall decide on a case by case basis whether 
records fall into this category, based on the following factors:
    (i) Previous experience with similar records;
    (ii) The particular characteristics of the records involved, 
including their nature and the type of information contained in them; 
and
    (iii) The identity and number of requesters and whether there is 
widespread media, historical, academic, or commercial interest in the 
records.
    (5) A general index of the records referred to in paragraph (a)(4) 
of this section.
    (b) Records encompassed within paragraphs (a)(1) through (a)(5) of 
this section created on or after November 1, 1996, shall be made 
available to the public by computer telecommunications or, if computer 
telecommunications means have not been established by the agency, by 
other electronic means.
    (c) Each agency of the Department shall maintain and make available 
for public inspection and copying current indexes providing identifying 
information regarding any matter issued, adopted or promulgated after 
July 4, 1967, and required by paragraph (a) of this section to be make 
available or published. Each agency shall publish and make available for 
distribution copies of such indexes and supplements to such indexes at 
least quarterly, unless it determines by notice published in the Federal 
Register that publication would be unnecessary and impracticable. After 
issuance of such notice, each agency shall provide copies of any index 
upon request at a cost not to exceed the direct cost of duplication.
    (d) Each agency is responsible for preparing reference material or a 
guide for requesting records or information from that agency. This guide 
shall also include an index of all major information systems, and a 
description of major information and record locator systems.
    (e) Each agency shall also prepare a handbook for obtaining 
information from that agency. The handbook should be a short, simple 
explanation to the public of what the FOIA is designed to do, and how a 
member of the public can use it to access government

[[Page 10]]

records. The handbook should be available on paper and through 
electronic means, and it should identify how a requester can access 
agency Freedom of Information Act annual reports. Similarly, the annual 
reports should refer to the handbook and how to obtain it.
    (f) It is appropriate to make frequently requested records available 
in accordance with paragraph (a)(4) of this section in situations where 
public access in a timely manner is important, and it is not intended to 
apply where there may be a limited number of requests over a short 
period of time from a few requesters. Agencies may remove a record from 
this access medium when the appropriate official determines that it is 
unlikely there will be substantial further requests for that document.

[65 FR 46337, July 28, 2000]



Sec. 1.5  Requests for records.

    (a) Any person who wishes to inspect or obtain copies of any record 
of any agency of the Department shall submit a request in writing and 
address the request to the official designated in regulations 
promulgated by that agency. The requester may ask for a fee waiver. All 
such requests for records shall be deemed to have been made pursuant to 
the Freedom of Information Act, regardless of whether the request 
specifically mentions the Freedom of Information Act. To facilitate 
processing of a request, the requester should place the phrase ``FOIA 
REQUEST'' in capital letters on the front of the envelope or on the 
cover sheet of the facsimile transmittal.
    (b) A request must reasonably describe the records to enable agency 
personnel to locate them with reasonable effort. Where possible, a 
requester should supply specific information regarding dates, titles, 
names of individuals, names of offices, and names of agencies or other 
organizations that may help identify the records. If the request relates 
to a matter in pending litigation, the requester should identify the 
court and its location.
    (c) If an agency determines that a request does not reasonably 
describe the records, the agency shall inform the requester of this fact 
and extend the requester an opportunity to clarify the request or to 
confer promptly with knowledgeable agency personnel to attempt to 
identify the records the requester is seeking. The ``date of receipt'' 
in such instances, for purposes of Sec. 1.13, shall be the date of 
receipt of the amended or clarified request.
    (d) If a request for records or a fee waiver made under this subpart 
is denied, the requester shall have the right to appeal the denial. 
Requesters also may appeal agency determinations of a requester's status 
for purposes of fee levels under sec. 5 of appendix A to this subpart. 
All appeals must be in writing and addressed to the official designated 
in regulations promulgated by the agency which denied the request. To 
facilitate processing of an appeal, the requester should place the 
phrase ``FOIA APPEAL'' in capital letters on the front of the envelope 
or on the cover sheet of the fax transmittal.
    (e) Requests that are not addressed to a specific agency in USDA, or 
which pertain to more than one USDA agency, or which are sent to the 
wrong agency of USDA, should be forwarded to the Department's FOIA 
Officer in the Office of Communications, U.S. Department of Agriculture, 
Washington, DC 20250.
    (f) The Department FOIA Officer will determine which agency or 
agencies should process the request, and, where necessary, refer the 
request to the appropriate agency or agencies. The Department FOIA 
Officer will also notify the requester of the referral and of the name 
of each agency to which the request has been referred.
    (g) A request will be properly received when it is in the possession 
of the component agency that has responsibility for maintaining the 
requested records.
    (h) Each agency shall develop and maintain a record of all written 
requests and appeals received in that agency. The record shall include 
the names of the requester; a brief summary of the information 
requested; whether the request or appeal was granted, denied, or 
partially denied; the exemption from mandatory disclosure under 5 U.S.C. 
552(b) upon which any denial was based; and the amount

[[Page 11]]

of any fees associated with the request or appeal.

[65 FR 46337, July 28, 2000]



Sec. 1.6  Aggregating requests.

    When an agency reasonably believes that a requester, or a group of 
requesters acting in concert, is attempting to break a request down into 
a series of requests for the purpose of evading the assessment of fees, 
the agency may aggregate any such requests and charge accordingly. One 
element that may be considered in determining whether such a belief 
would be reasonable is the brevity of the time period during which the 
requests have been made.

[65 FR 46338, July 28, 2000]



Sec. 1.7  Agency response to requests for records.

    (a) 5 U.S.C. 552(a)(6)(A)(i) provides that each agency of the 
Department to which a request for records is submitted in accordance 
with Sec. 1.5(a) shall inform the requester of its determination 
concerning that request within 20 working days of its date of receipt 
(excepting Saturdays, Sundays, and legal public holidays), plus any 
extension authorized under Sec. 1.16. If the agency determines to grant 
the request, it shall inform the requester of any conditions surrounding 
the granting of the request (e.g., payment of fees) and the approximate 
date upon which the agency will provide the requested records. If the 
agency grants only a portion of the request, it shall treat the portion 
not granted as a denial, and make a reasonable effort to estimate the 
volume of the records denied and provide this estimate to the requester, 
unless providing such an estimate would harm an interest protected by an 
exemption of the FOIA. If the agency determines to deny the request in 
part or in whole, it shall immediately inform the requester of that 
decision and provide the following:
    (1) The reasons for the denial;
    (2) The name and title or position of each person responsible for 
denial of the request;
    (3) The requester's right to appeal such denial and the title and 
address of the official to whom such appeal is to be addressed; and
    (4) The requirement that such appeal be made within 45 days of the 
date of the denial.
    (b) If the reason for not fulfilling a request is that the records 
requested are in the custody of another agency outside USDA, other than 
in the permanent custody of the National Archives and Records 
Administration (``NARA''), the agency shall inform the requester of this 
fact and shall forward the request to that agency or Department for 
processing in accordance with its regulations. If the records are in the 
permanent custody of NARA, the agency shall so inform the requester. 
Information about obtaining access to records at NARA may be obtained 
through the NARA Archival Information Locator (NAIL) Database at http://
www/nara.gov/nara.nail.html, or by calling NARA at (301) 713-6800. If 
the agency has no knowledge of requested records or if no records exist, 
the agency shall notify the requester of that fact.

[65 FR 46338, July 28, 2000]



Sec. 1.8  Multitrack processing.

    (a) When an agency has a significant number of requests, the nature 
of which precludes a determination within 20 working days, the requests 
may be processed in a multitrack processing system, based on the date of 
receipt, the amount of work and time involved in processing the request, 
and whether the request qualifies for expedited processing.
    (b) Agencies may establish as many processing tracks as appropriate; 
processing within each track shall be based on a first-in, first-out 
concept, and rank-ordered by the date of receipt of the request.
    (c) Agencies may provide a requester whose request does not qualify 
for the fastest track an opportunity to limit the scope of the request 
in order to qualify for a faster track. This multitrack processing 
system does not lessen agency responsibility to exercise due diligence 
in processing requests in the most expeditious manner possible.
    (d) Agencies shall process requests in each track on a ``first-in, 
first-out'' basis, unless there are unusual circumstances as set forth 
in Sec. 1.16, or the

[[Page 12]]

requester is entitled to expedited processing as set forth in Sec. 1.9.

[65 FR 46338, July 28, 2000]



Sec. 1.9  Expedited processing.

    (a) A requester may apply for expedited processing at the time of 
the initial request for records. Within ten calendar days of its receipt 
of a request for expedited processing, an agency shall decide whether to 
grant it, and shall notify the requester of the decision. Once the 
determination has been made to grant expedited processing, an agency 
shall process the request as soon as practicable. If a request for 
expedited processing is denied, the agency shall act expeditiously on 
any appeal of that decision.
    (b) A request or appeal will be taken out of order and given 
expedited treatment whenever the agency determines that the requester 
has established either of the following criteria:
    (1) Circumstances in which the lack of expedited treatment could 
reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual; or
    (2) An urgency to inform the public about an actual or alleged 
federal government activity, if made by an individual primarily engaged 
in disseminating information. Representatives of the news media would 
normally qualify as individuals primarily engaged in disseminating 
information; however, other requesters must demonstrate that their 
primary activity involves publishing or otherwise disseminating 
information to the public as a whole, and not just a particular segment 
or group. ``Urgency'' contemplates that the information has a particular 
value that will be lost if not disseminated quickly. Ordinarily this 
means a breaking news story of general public interest. Information of 
historical interest only or information sought for litigation or 
commercial activities would not meet the test of urgency, nor would a 
news media publication or broadcast deadline unrelated to the news 
breaking nature of the information.
    (c) A requester who seeks expedited processing must provide a 
written statement that the requester has certified to be true and 
correct to the best of the requester's knowledge, explaining in detail 
the basis for requesting expedited processing. The agency will not 
consider the request to have been received unless accompanied by a 
written, certified statement, and will be under no obligation to 
consider the request for expedited processing until it receives such a 
written, certified statement.
    (d) the same procedures apply to requests for expedited processing 
of administrative appeals.

[65 FR 46338, July 28, 2000]



Sec. 1.10  Search services.

    Search services are services of agency personnel--clerical or 
professional--used in trying to find the records, that are responsive to 
a request. Search services includes both manual and electronic searches 
and time spent examining records for the purpose of finding information 
that is within the scope of the request. Search services also include 
services to transport personnel to places of record storage, or records 
to the location of personnel for the purpose of the search, if such 
services are reasonably necessary.

[65 FR 46339, July 28, 2000]



Sec. 1.11  Review services.

    (a) Review services are services of agency personnel--clerical or 
professional--in examining records, both paper and electronic, located 
in response to a request that is for a commercial use (as specified in 
sec. 6 of appendix A to this subpart) to determine whether any portion 
of any record located is exempt from mandatory disclosure.
    (b) Review services include processing any records for disclosure 
e.g., doing all that is necessary to redact exempt portions and 
otherwise prepare records for release.
    (c) Review services do not include the time spent resolving general 
legal or policy issues regarding the application of exemptions.

[65 FR 46339, July 28, 2000]



Sec. 1.12  Handling information from a private business.

    Each USDA agency is responsible for making the final determination 
with

[[Page 13]]

regard to the disclosure or nondisclosure of information in agency 
records that has been submitted by a business. When, in the course of 
responding to an FOIA request, an agency cannot readily determine 
whether the information obtained from a person is privileged or 
confidential business information, the policy of USDA is to obtain and 
consider the views of the submitter of the information and to provide 
the submitter an opportunity to object to any decision to disclose the 
information. If a request (including a subpoena duces tecum as described 
in Sec. 1.215) is received in USDA for information that has been 
submitted by a business, the agency shall:
    (a) Provide the business information submitter with prompt 
notification of a request for that information (unless it is readily 
determined by the agency that the information requested should not be 
disclosed or, on the other hand, that the information is not exempt by 
law from disclosure). Afford business information submitter reasonable 
time in which to object to the disclosure of any specified portion of 
the information. The submitter must explain fully all grounds upon which 
disclosure is opposed. For example, if the submitter maintains that 
disclosure is likely to cause substantial harm to it competitive 
position, the submitter must explain item-by-item why disclosure would 
cause such harm. Information provided by a business submitter pursuant 
to this paragraph may itself be subject to disclosure under FOIA;
    (b) Notify the requester of the need to inform the submitter of a 
request for submitted business information;
    (c) Determine whether the requested records are exempt from 
disclosure or must be released;
    (d) Provide business information submitters with notice of any 
determination to disclose such records prior to the disclosure date, in 
order that the matter may be considered for possible judicial 
intervention; and
    (e) Notify business information submitters promptly of all instances 
in which FOIA requesters bring suit seeking to compel disclosure of 
submitted information.

[65 FR 46339, July 28, 2000]



Sec. 1.13  Date of receipt of requests or appeals.

    The date of receipt of a request or appeal shall be the date it is 
received in the agency and office responsible for the administrative 
processing of FOIA requests or appeals.

[65 FR 46339, July 28, 2000]



Sec. 1.14  Appeals.

    (a) Requesters seeking administrative appeal of a denial of a 
request for records or denial of a fee waiver must ensure that the 
appeal is received by the agency within 45 days of the date of the 
denial letter.
    (b) Each agency shall provide for review of appeals by an official 
different from the official or officials designated to make initial 
denials.
    (c) 5 U.S.C. 552(a)(6)(A)(ii) provides that each agency in the 
Department to which an appeal of a denial is submitted shall inform the 
requester of its determination concerning that appeal within 20 working 
days (excepting Saturdays, Sundays, and legal public holidays), plus any 
extension authorized by Sec. 1.16, of its date of receipt. If the 
agency determines to grant the appeal, it shall inform the requester of 
any conditions surrounding the granting of the request (e.g., payment of 
fees) and the approximate date upon which compliance will be effected. 
If the agency grants only a portion of the appeal, it shall treat the 
portion not granted as a denial. If it determines to deny the appeal 
either in part or in whole, it shall inform the requester of that 
decision and of the following:
    (1) The reasons for denial;
    (2) The name and title or position of each person responsible for 
denial of the appeal; and
    (3) The right to judicial review of the denial in accordance with 5 
U.S.C. 552(a)(4).
    (d) Each agency, upon a determination that it wishes to deny an 
appeal, shall send a copy of the records requested and of all 
correspondence relating to the request to the Assistant General Counsel, 
General Law Division, Office of the General Counsel (``Assistant General 
Counsel''). When the volume of records is so large as to make sending a 
copy impracticable,

[[Page 14]]

the agency shall enclose an informative summary of those records. The 
agency shall not deny an appeal until it receives concurrence from the 
Assistant General Counsel
    (e) The Assistant General Counsel shall promptly review the matter 
(including necessary coordination with the agency) and render all 
necessary assistance to enable the agency to respond to the appeal 
within the administrative deadline or any extension of the 
administrative deadline.

[65 FR 46339, July 28, 2000]



Sec. 1.15  General provisions respecting release of records.

    (a) When releasing documents, agencies shall provide the record in 
any form or format the requester specifies, if the record is readily 
reproducible in that form of format. Agencies shall make reasonable 
efforts to maintain their records in forms or formats that are 
reproducible. In responding to requests for records, agencies shall make 
reasonable efforts to search for records in electronic form or format, 
except when such efforts would significantly interfere with the 
operation of an agency's automated information system. Such 
determinations shall be made on a case-by-case basis.
    (b) In the event a requested record contains some portions that are 
exempt from mandatory disclosure and others that are not, the official 
responding to the request shall ensure that all reasonably segregable 
nonexempt portions are disclosed, and that all exempt portions are 
identified according to the specific exemption or exemptions which are 
applicable. The amount of deleted information shall be indicated on the 
released portion of paper records. Deletions may be marked by use of 
brackets or darkened areas indicating removal of information, or by any 
other method that would reasonable demonstrate the extent of the 
deletion. In the case of electronic deletion, or deletion in audiovisual 
or microfiche records, if technically feasible, the amount of redacted 
information shall be indicated at the place in the records, if 
technically feasible, the amount of redacted information shall be 
indicated at the place in the record where such deletion was made. This 
may be done by use of brackets, shaded areas, or some other identifiable 
technique which will clearly show the limits of the deleted information.
    (c) If, in connection with a request or an appeal, a charge is to be 
made in accordance with sec. 8 of appendix A to this subpart, agencies 
shall inform the requester of the fee amount and of the basis for the 
charge. Each agency, in accordance with sec. 8 of appendix A to this 
subpart, may require payment of the entire fee, or a portion of the fee, 
before it provides the requested records. An agency shall require full 
payment of any delinquent fee owed by the requester plus any applicable 
interest prior to releasing records on a subsequent request or appeal. 
If a requester refuses to remit payment in advance, an agency may refuse 
to process the request or appeal with written notice to that effect 
forwarded to the requester. The ``date of receipt'' appeal for which 
advance payment has been required shall be the date that payment is 
received.
    (d) In the event compliance with the request or appeal involves 
inspection of records by the requester rather than providing copies of 
the records, the agency response shall include the name, mailing 
address, and telephone number of the person to be contacted to arrange a 
mutually convenient time for such inspection.
    (e) Whenever duplication fees, or search fees for unsuccessful 
searches (see sec. 4(f) of appendix A to this subpart), are anticipated 
to exceed $25.00, and the requester has not indicated, in advance, a 
willingness to pay fees as high as those anticipated, agencies shall 
notify the requester of the amount of the anticipated fee. If an 
extensive and therefore costly successful search is anticipated, 
agencies also should notify requesters of the anticipated fees. The 
notification shall offer the requester the opportunity to confer with 
agency personnel to reform the request to meet the requester's needs at 
a lower fee. In appropriate cases, an advance deposit in accordance with 
sec. 8 of appendix A to this subpart may be required.

[65 FR 46340, July 28, 2000]

[[Page 15]]



Sec. 1.16  Extension of administrative deadlines.

    (a) In unusual circumstances as specified in this section, when 
additional time is needed to respond to the initial request or to an 
appeal, agencies shall acknowledge the request or the appeal in writing 
within the 20 working day time period, describe the unusual 
circumstances requiring the delay, and indicate the anticipated date for 
a substantive response that may not exceed 10 additional working days, 
except as provided in the following:
    (1) In instances in which the agency, with respect to a particular 
request, has extended the response date by 10 additional working days, 
if the agency finds that it cannot make a response determination within 
the additional 10 working day period, the agency shall notify the 
requester and provide the requester an opportunity to limit the scope of 
the request to allow the agency to process the request within the 
extended time limit, or an alternative time frame for processing the 
request or a modified request.
    (2) If the requester refuses to reasonably modify the request or 
arrange for an alternative time frame for processing the request, the 
FOIA provides that such refusal shall be considered as a factor in 
determining whether there are exceptional circumstances that warrant 
granting additional time for the agency to complete its review of the 
records, as set forth in 5 U.S.C. 552(a)(6)(C)(iii). The term 
``exceptional circumstances'' does not include a delay that results from 
a predictable agency backlog, unless the agency demonstrates reasonable 
progress in reducing its backlog of pending requests.
    (b) As used in this section, ``unusual circumstances'' that may 
justify delay are:
    (1) The need to search for and collect the requested records from 
field facilities or other establishments that are separate from the 
office processing the request;
    (2) The need to search for, collect, and appropriately examine a 
voluminous amount of separate and distinct records which are demanded in 
a single request; or
    (3) The need for consultation, which shall be conducted with all 
practicable speed, with another Department or agency having a 
substantial interest in the determination of the request or among two or 
more components of agency having substantial subject-matter interest in 
the request.

    Note to paragraph (b): Consultation regarding policy or legal issues 
between an agency and the Office of the General Counsel, Office of 
Communications, or the Department of Justice is not a basis for 
extension under this section.

    (c) The 10-day extension authorized by this section may be divided 
between the initial and appellate reviews, but in no event shall the 
total extension exceed 10 working days.
    (d) Nothing in this section shall preclude the agency and the 
requester from agreeing to an extension of time. Any such agreement 
should be confirmed in writing and should specify clearly the total time 
agreed upon.

[65 FR 46340, July 28, 2000]



Sec. 1.17  Failure to meet administrative deadlines.

    In the event an agency fails to meet the administrative deadlines 
set forth in Sec. 1.7 or Sec. 1.14, plus any extension authorized by 
Sec. 1.16, it shall notify the requester, state the reasons for the 
delay, and the date by which it expects to dispatch a determination. 
Although the requester may be deemed to have exhausted his or her 
administrative remedies under 5 U.S.C. 552(a)(6)(C), the agency shall 
continue processing the request as expeditiously as possible and 
dispatch the determination when it is reached in the same manner and 
form as if it had been reached within the applicable deadline.

[65 FR 46341, July 28, 2000]



Sec. 1.18  Fee schedule.

    Pursuant to Sec. 2.28 of this title, the Chief Financial Officer is 
delegated authority to promulgate regulations providing for a uniform 
fee schedule applicable to all agencies of the Department regarding 
requests for records under this subpart. The regulations providing

[[Page 16]]

for a uniform fee schedule are found in appendix A to this subpart.

[65 FR 46341, July 28, 2000]



Sec. 1.19  Exemptions and discretionary release.

    (a) All agency records, except those specifically exempted from 
mandatory disclosure by one or more provisions of 5 U.S.C. 552(b), shall 
be made promptly available to any person submitting a request under this 
subpart.
    (b) Agencies are authorized, in their sole discretion, to make 
discretionary releases when such release is not otherwise specifically 
prohibited by Executive Order, statute, or regulation.

[65 FR 46341, July 28, 2000]



Sec. 1.20  Annual report.

    (a) Each agency of the Department shall compile the following 
Freedom of Information Act statistics on a fiscal year basis beginning 
October 1, 1997, and report the following information to the Office of 
Communications no later than November 30 following the fiscal year's 
close:
    (1) The number of requests for records received and the number of 
requests which were processed;
    (2) The number of determinations made not to comply with initial 
requests for records made to it under Sec. 1.5(a), and the reasons for 
each such determinations;
    (3) The number of appeals made by persons under Sec. 1.14(b), the 
result of such appeals, and the reason for the action upon each appeal 
that results in a denial of information.
    (4) A complete list of all statutes that the agency relies upon to 
authorize the agency to withhold information under 5 U.S.C. 552(b)(3), a 
description of whether a court has upheld the decision of the agency to 
withhold information under each such statute, and a concise description 
of the scope of any information withheld;
    (5) The number of requests for records pending before the agency as 
of September 30 of the preceding year, and the median number of days 
that such requests had been pending before the agency as of that date:
    (6) The median number of days taken by the agency to process 
different types of requests;
    (7) The total amount of fees collected by the agency for processing 
requests;
    (8) The number of full-time staff of the agency devoted to 
processing requests for records under this section, and the total amount 
expended by the agency for processing such requests.
    (b) Each agency shall compile the information required by paragraph 
(a) of this section for the preceding fiscal year into a report and 
submit this report to the Director of Communications, Office of 
Communications, no later than November 30 following the fiscal year's 
close.
    (c) The Director of Communications, Office of Communications, shall 
combine the reports from all the agencies within USDA into a 
Departmental report, and shall submit to the Attorney General on or 
before February 1 of each year in accordance with 5 U.S.C. 552(e).
    (d) Each agency shall make the report available to the public 
including by computer telecommunications, or if computer 
telecommunications means have not been established by the agency, by 
other electronic means.

[65 FR 46341, July 28, 2000]



Sec. 1.21  Compilation of new records.

    Nothing in 5 U.S.C. 552 or this subpart requires that any agency 
create a new record in order to fulfill a request for records. However, 
an agency is required to provide a record in a form or format specified 
by a requester, if the record is readily reproducible by the agency in 
the form or format requested. Creation of records may be undertaken 
voluntarily if the agency determines this action to be in the public 
interest or the interest of USDA.

[65 FR 46341, July 28, 2000]



Sec. 1.22  Authentication.

    When a request is received for an authenticated copy of a document 
that the agency determines to make available to the requesting party, 
the agency shall cause a correct copy to be prepared and sent to the 
Office of the General Counsel, which shall certify the same and cause 
the seal of the Department to be affixed, except that the

[[Page 17]]

Hearing Clerk in the Office of Administrative Law Judges may 
authenticate copies of documents in the records of the Hearing Clerk, 
the Director of the National Appeals Division may authenticate copies of 
documents in the records of the National Appeals Division, and the 
Inspector General may authenticate copies of documents in the records of 
the Office of Inspector General.

[72 FR 66042, Nov. 27, 2007]



Sec. 1.23  Records in formal adjudication proceedings.

    Records in formal adjudication proceedings are on file in the 
Hearing Clerk's office, Office of Administrative Law Judges, U.S. 
Department of Agriculture, Washington, DC 20250, and shall be made 
available to the public.

[65 FR 46341, July 28, 2000]



Sec. 1.24  Preservation of records.

    Agencies shall preserve all correspondence relating to the requests 
it receives under this subpart, and all records processed pursuant to 
such requests, until such time as the destruction of such correspondence 
and records is authorized pursuant to Title 44 of the United States 
Code, and appropriate records disposition authority granted by NARA. 
Under no circumstances shall records be sent to a Federal Records 
Center, transferred to the permanent custody of NARA, or destroyed while 
they are the subject of a pending request, appeal, or civil action under 
the FOIA.

[65 FR 46341, July 28, 2000]



Sec. 1.25  Implementing regulations for the Office of the Secretary
and the Office of Communications.

    (a) For the Office of the Secretary and for the Office of 
Communications, the regulations required by Sec. 1.3 are as follows:
    (1) Records available for public inspection and copying may be 
obtained in Room 536-A, Jamie L. Whitten Federal Building, USDA, 
Washington, DC 20250 during the hours of 9 a.m. to 5 p.m. by prior 
appointment;
    (2) Any indexes and supplements which are maintained in accordance 
with the requirements of 5 U.S.C. 552(a)(2) and Sec. 1.5(b) will also 
be available in Room 536-A, Jamie L. Whitten Federal Building, USDA, 
Washington, DC 20250 during the hours of 9 a.m. to 5 p.m.;
    (3) The person authorized to receive Freedom of Information Act 
requests and to determine whether to grant or deny such requests is the 
FOIA Officer, Office of Communications, USDA, Washington, DC 20250;
    (4) The official authorized to receive appeals from denial of FOIA 
requests and to determine whether to grant or deny such appeals is the 
Director of Communications, Office of Communications, USDA, Washington, 
DC 20250.
    (b) The organization and functions of the Office of the Secretary 
and the Office of Communications is as follows:
    (1) The Office of the Secretary provides the overall policy guidance 
and direction of the activities of the Department of Agriculture. 
Department-wide policy statements and announcements are made from this 
office.
    (2) The Office of the Secretary consists of the Secretary, Deputy 
Secretary, Under Secretaries, Assistant Secretaries, and other staff 
members.
    (3) In the absence of the Secretary and the Deputy Secretary, 
responsibility for the operation of the Department of Agriculture is as 
delegated at part 2, subpart A, of this title.
    (4) The Office of Communications provides policy direction, review, 
and coordination of public information programs of the Department of 
Agriculture. The Office of Communications has responsibility for 
maintaining the flow of information to the mass communications media, 
various constituency groups, and the general public.
    (5) The Office of Communications is headed by the Director of 
Communications. In the Director's absence, the Office of Communications 
is headed by the Deputy Director.

[65 FR 46341, July 28, 2000]



          Sec. Appendix A to Subpart A of Part 1--Fee Schedule

                           Section 1. General.

    This schedule sets forth fees to be charged for providing copies of 
records--including photographic reproductions, microfilm, maps

[[Page 18]]

and mosaics, and related services--under the Freedom of Information Act 
(FOIA). Records and related services are available at the locations 
specified by agencies in their FOIA implementing regulations. The fees 
set forth in this schedule are applicable to all agencies of the 
Department of Agriculture, and are based upon guidelines prescribed by 
the Office of Management and Budget (OMB) issued at 52 FR 10012 (March 
27, 1987). No higher fees or charges in addition to those provided for 
in this schedule may be charged a party requesting services under the 
Freedom of Information Act.

       Section 2. Types of services for which fees may be charged.

    Subject to the criteria set forth in section 5 of this appendix, 
fees may be assessed under the Freedom of Information Act on all 
requests involving such services as record search, duplication, and 
review. Fees may also be charged in situations involving special service 
to a request, such as certifying that records requested are true copies, 
or sending records by special methods such as express mail, etc. For 
services not covered by the FOIA or by this appendix, agencies may set 
their own fees in accordance with applicable law, or costs incurred will 
be assessed the requester at the actual cost to the Government. For 
example, where records are required to be shipped from one office to 
another by commercial carrier in order to timely answer a request, the 
actual freight charge will be assessed the requester.

         Section 3. Instances in which fees will not be charged.

    (a) Except for requests seeking records for a commercial use (as 
specified in section 5 of this appendix), no charge shall be made for 
either: (1) The first 100 pages of duplicated records (8\1/
2\x14 or smaller-size paper); or (2) The first two 
hours of manual search time, or the equivalent value of computer search 
time as defined in section 4(e) of this appendix.
    (b) No charge shall be made--even to commercial use requesters--if 
the cost of collecting a fee would be equal to or greater than the fee 
itself. For USDA, this figure has been calculated to be $25.00.
    (c) Fees may not be charged for time spent by an agency employee in 
resolving legal or policy issues, or in monitoring a requester's 
inspection of agency records. No charge shall be made for normal postage 
costs.
    (d) Records shall also be furnished without charge under the 
following conditions:
    (1) When filling requests from other Departments or Government 
agencies for official use, provided quantities requested are reasonable 
in number;
    (2) When members of the public provide their own copying equipment, 
in which case no copying fee will be charged (although search and review 
fees may still be assessed); or
    (3) When any notices, decisions, orders, or other materials are 
required by law to be served on a party in any proceeding or matter 
before any Department agency.

            Section 4. Fees for records and related services.

    (a) The fee for photocopies of pages 8\1/2\x14 
or smaller shall be $0.20 per page (per individual side of sheet).
    (b) The fee for photocopies larger than 8\1/
2\x14 shall be $0.50 per linear foot of the 
longest side of the copy.
    (c) The fee for other forms of duplicated records, such as 
microform, audio-visual materials, or machine-readable documentation 
(i.e., magnetic tape or disk), shall be the actual direct cost of 
producing the records.
    (d) Manual searches shall be charged for in one of the two following 
manners in the given order:
    (1) When feasible, at the salary rate of the employee conducting the 
search, plus 16 percent of the employee's basic pay; or
    (2) Where a homogeneous class of personnel is used exclusively, at 
the rate of $10.00 per hour for clerical time, and $20.00 per hour for 
supervisory or professional time. Charges should be computed to the 
nearest quarter hour required for the search. A homogeneous class of 
personnel, for purposes of conducting manual searches and where more 
than one individual is involved, is a group of employees of like rank, 
grade, pay or position. A heterogeneous class of personnel is a group of 
employees of unlike rank, grade, pay, or position. If a heterogeneous 
class of personnel is involved in a search then the search shall be 
charged for at the salary rate of the individuals.
    (e) Mainframe computer searches and services shall be charged for at 
the rates established in the Users Manual or Handbook published by the 
computer center at which the work will be performed. Where the rate has 
not been established, the rate shall be $27.00 per minute. Searches 
using computers other than mainframes shall be charged for at the manual 
search rate.
    (1) Other rates are published and may be examined at the following 
places:

Fort Collins Computer Center Users Manual
    Fort Collins Computer Center, U.S. Department of Agriculture, 3825 
East Mulberry Street (P.O. Box 1206), Fort Collins, Colo. 80521.
National Finance Center, Cost, Productivity & Analysis Section, U.S. 
          Department of Agriculture, 13800 Old Gentilly Road, New 
          Orleans, La. 70129.

[[Page 19]]

Kansas City Computer Center Users Manual Kansas City Computer Center, 
          U.S. Department of Agriculture, 8930 Ward Parkway (P.O. Box 
          205), Kansas City, MO. 64141.
Washington Computer Center Users Handbook: Washington Computer Center, 
          U.S. Department of Agriculture, Room S-100, South Building, 
          12th Street and Independence Avenue, SW., Washington, DC 
          20250.
St. Louis Computer Center, U.S. Department of Agriculture, 1520 Market 
          Street, St. Louis, MO. 63103.

    (f) Charges for unsuccessful searches, or searches which fail to 
locate records or which locate records which are exempt from disclosure, 
shall be assessed at the same fee rate as searches which result in 
disclosure of records.
    (g) The fee for providing review services shall be the hourly salary 
rate (i.e., basic pay plus 16 percent) of the employee conducting the 
review to determine whether any information is exempt from mandatory 
disclosure.
    (h) The fee for Certifications shall be $5.00 each; Authentications 
under Department Seal (including aerial photographs), $10.00 each.
    (i) All other costs incurred by USDA agencies will be assessed the 
requester at the actual cost to the Government.
    (j) The fees specified in paragraphs (a) through (g) of this section 
apply to all requests for services under the FOIA, unless no fee is to 
be charged, or the agency has determined to waive or reduce those fees 
pursuant to section 6 of this appendix. No higher fees or charges in 
addition to those provided for in this appendix may be charged for 
services under the FOIA.
    (k) The fees specified in paragraphs (h) and (i) of this section and 
in section 17 of this appendix apply to requests for services other than 
those subject to the FOIA. The authority for establishment of these fees 
is at 31 U.S.C. 9701 and other applicable laws.
    (l) Except as provided in section 11 of this appendix, for services 
not subject to the FOIA, and not covered by paragraph (h) of this 
section, agencies may set their own fees in accordance with applicable 
law.

       Section 5. Levels of fees for each category of requesters.

    Under the FOIA, there are four categories of FOIA requesters: 
Commercial use requesters, educational and non-commercial scientific 
institutions; representatives of the news media; and all other 
requesters. FOIA prescribes specific levels of fees for each category:
    (a) Commercial use requesters--For commercial use requesters, 
agencies shall assess charges which recover the full direct costs of 
searching for, reviewing for release, and duplicating the records 
sought. Commercial use requesters are not entitled to the free search 
time or duplication referenced in section 3(a) of this appendix. 
Agencies may recover the cost of searching for and reviewing records for 
commercial use requesters even if there is ultimately no disclosure of 
records.
    (1) A commercial use requester is defined as one who seeks 
information for a use or purpose that furthers the commercial, trade, or 
profit interests of the requester or the person on whose behalf the 
request is made.
    (2) In determining whether a requester properly belongs in this 
category, agencies must determine whether the requester will put the 
records to a commercial use. Where an agency has reasonable cause to 
doubt the use to which a requester will put the records sought, or where 
that use is not clear from the request itself, the agency may seek 
additional clarification from the requester.
    (b) Educational and non-commercial scientific institution 
requesters--Fees for this category of requesters shall be limited to the 
cost of providing duplication service alone, minus the charge for the 
first 100 reproduced pages. No charge shall be made for search or review 
services. To qualify for this category, requesters must show that the 
request is being made as authorized by and under the auspices of an 
eligible institution and that the records are not sought for a 
commercial use, but are sought in furtherance of scholarly research (if 
the request is from an educational institution) or scientific research 
(if the request is from a non-commercial scientific institution).
    (1) The term educational institution refers to a preschool, a public 
or private elementary or secondary school, an institution of graduate 
higher education, an institution of undergraduate higher education, an 
institution of professional education, and an institution of vocational 
education, which operates a program or programs of scholarly research.
    (2) The term non-commercial scientific institution refers to 
institution that is not operated on a ``commercial'' (see section 
5(a)(1)) of this appendix basis, and which is operated solely for the 
purpose of conducting scientific research the results of which are not 
intended to promote any particular product or industry.
    (c) Requesters who are representatives of the news media--Fees for 
this category of requesters shall also be limited to the cost of 
providing duplication service alone, minus the charge for the first 100 
reproduced pages. No charge shall be made for providing search or review 
services. Requests in this category must not be made for a commercial 
use.
    (1) The term representative of the news media refers to any person 
actively gathering news for an entity that is organized and operated to 
publish or broadcast news to the public.

[[Page 20]]

    (2) The term news means information that is about current events or 
that would be of current interest to the public.
    (3) Examples of news media entities include television or radio 
stations broadcasting to the public at large, and publishers of 
periodicals which disseminate news and who make their products available 
for purchase or subscription by the general public.
    (4) Freelance journalists may be regarded as working for a news 
organization if they can demonstrate a solid basis for expecting 
publication through that organization, even though not actually employed 
by it.
    (d) All other requesters--Fees for requesters who do not fit into 
the categories described in paragraphs (a), (b), or (c) of this section 
shall be assessed for the full reasonable direct cost of searching for 
and duplicating records that are responsive to a request. No charge, 
however, shall be made to requesters in this category for: (1) The first 
100 duplicated pages; or (2) the first two hours of manual search time, 
or the equivalent value of computer search time as defined in section 
4(e) of this appendix.

                 Section 6. Fee waivers and reductions.

    (a) Agencies shall waive or reduce fees on request for records if 
disclosure of the information in the records is deemed to be in the 
public interest. A request is in the public interest if it is likely to 
contribute significantly to public understanding of the operations or 
activities of the government, and is not primarily in the commercial 
interest of the requester.
    (1) In determining when fees shall be waived or reduced, agencies 
should consider the following six factors:
    (i) The subject of the request, i.e., whether the subject of the 
requested records concerns ``the operations or activities of the 
government'';
    (ii) The informative value of the information to be disclosed, i.e., 
whether the disclosure is ``likely to contribute'' to an understanding 
of government operations or activities;
    (iii) The contribution to an understanding of the subject by the 
general public likely to result from disclosure, i.e., whether 
disclosure of the requested information will contribute to ``public 
understanding'';
    (iv) The significance of the contribution to public understanding, 
i.e., whether the disclosure is likely to contribute ``significantly'' 
to public understanding of government operations or activities;
    (v) The existence and magnitude of a commercial interest, i.e., 
whether the requester has a commercial interest that would be furthered 
by the requested disclosure; and,
    (vi) The primary interest in disclosure, i.e., whether the magnitude 
of the identified commercial interest of the requester is sufficiently 
large, in comparison with the public interest in disclosure, that 
disclosure is ``primarily in the commercial interest of the requester.''
    (2) An agency may, in its discretion, waive or reduce fees 
associated with a request for disclosure, regardless of whether a waiver 
or reduction has been requested, if the agency determines that 
disclosure will primarily benefit the general public.
    (3) Agencies may also waive or reduce fees under the following 
conditions:
    (i) Where the furnishings of records or a service without charge or 
at a reduced rate is an appropriate courtesy to a foreign country or 
international organization, or where comparable fees are set on a 
reciprocal basis with a foreign country or an international 
organization;
    (ii) Where the requester is engaged in a nonprofit activity designed 
for the public safety, health, or welfare; or
    (iii) Where it is determined that payment of the full fee by a State 
or local government or nonprofit group would not be in the interest of 
the program involved.
    (4) Fees shall be waived, however, without discretion in all 
circumstances where the amount of the fee is $25.00 or less.

                Section 7. Restrictions regarding copies.

    (a) Agencies may restrict numbers of photocopies and directives 
furnished the public to one copy of each page. Copies of forms provided 
the public shall also be held to the minimum practical. Persons 
requiring any large quantities should be encouraged to take single 
copies to commercial sources for further appropriate reproduction.
    (b) Single or multiple copies of transcripts, provided to the 
Department under a reporting service contract, may be obtained by the 
public from the contractor at a cost not to exceed the cost per page 
charged to the Department for extra copies. The contractor may add a 
postage charge when mailing orders to the public, but no other charge 
may be added.

                Section 8. Payments of fees and charges.

    (a) Payments should be billed for to the fullest extent possible at 
the time the requested materials are furnished. Payments should be made 
by requesters within 30 days of the date of the billing.
    (b) Payments shall be made by check, draft, or money order made 
payable to the Treasury of the United States, although payments may be 
made in cash, particularly where services are performed in response to a 
visit to a Department office. All payments should be sent to the address 
indicated by the agency responding to the request.
    (c) Where the estimated fees to be charged exceed $250.00, agencies 
may require an advance payment of an amount up to the full

[[Page 21]]

estimated charges (but not less than 50 percent) from the requester 
before any of the requested materials are reproduced.
    (d) In instances where a requester has previously failed to pay a 
fee, an agency may require the requester to pay the full amount owed, 
plus any applicable interest as provided in section 9 of this appendix, 
as well as the full estimated fee associated with any new request before 
the agency begins to process that new or subsequent request.

                      Section 9. Interest charges.

    On requests that result in fees being assessed, agencies may begin 
levying interest charges on an upaid bill starting on the 31st day 
following the day on which the billing was sent. Interest will be at the 
rate prescribed in 31 U.S.C. 3717, and will accrue from the date of the 
billing.

         Section 10. Effect of the Debt Collection Act on fees.

    In attempting to collect fees levied under the FOIA, agencies shall 
abide by the provisions of 31 U.S.C. 3701, 3711-3720A, in disclosing 
information to consumer reporting agencies and in the use of collection 
agencies, where appropriate, to encourage payment.

Section 11. Photographic and digital reproductions of microfilm, aerial 
                           imagery, and maps.

    Microfilm, aerial imagery, and maps that have been obtained in 
connection with the authorized work of this Department may be sold at 
the estimated cost of furnishing reproductions of these records, using 
photographic, digital, or other methods of reproduction as prescribed in 
this appendix.

     Section 12. Agencies which furnish photographic reproductions.

    (a) Aerial Photographic reproductions. The following agency of the 
Department furnishes aerial photographic reproductions:
    Farm Service Agency (FSA), Aerial Photography Field Office (APFO), 
USDA, 2222 West 2300 South, Salt Lake City, Utah 84119-2020.
    (b) Other photographic reproductions. Other types of reproductions 
may be obtained from the following agency of the Department:
    National Agricultural Library, Agricultural Research Service, USDA, 
Office of the Deputy Director, Technical Information Systems, Room 200, 
NAL Building, Beltsville, MD 20705.

  Section 13. Circumstances under which reproductions may be provided 
                                  free.

    Reproductions may be furnished free at the discretion of the agency, 
if it determines that furnishing free reproductions is in the public 
interest, to:
    (a) Representatives of the news media for dissemination to the 
general public.
    (b) Agencies of State and local governments carrying on a function 
related to that of the Department when it will help to accomplish an 
objective of the Department.
    (c) Cooperators and others furthering agricultural programs. 
Generally, only one print of each photograph should be provided free.

                           Section 14. Loans.

    Aerial photographic film negatives or reproductions may not be 
loaned outside the Federal Government.

    Section 15. Sales of positive prints under government contracts.

    The annual contract for furnishing single and double frame slide 
film negatives and positive prints to agencies of the Department, County 
Extension Agents, and others cooperating with the Department, carries a 
stipulation that the successful bidder must agree to furnish slide film 
positive prints to such persons, organizations, and associations as may 
be authorized by the Department to purchase them.

               Section 16. Procedure for handling orders.

    In order to expedite handling, all orders should contain adequate 
identifying information. Agencies furnishing aerial photographic 
reproductions require that all such orders identify the photographs. 
Each agency has its own procedure and order forms.

                    Section 17. Reproduction prices.

    The prices for reproductions listed in this section are for the most 
generally requested items.
    (a) National Agricultural Library. The following prices are 
applicable to National Agricultural Library items only: Reproduction of 
electrostatic, microfilm, and microfiche copy--$5.00 for the first 10 
pages or fraction thereof, and $3.00 for each additional 10 pages or 
fraction thereof. Duplication of NAL-owned microfilm--$10.00 per reel. 
Duplication of NAL-owned microfiche--$5.00 for the first fiche, and 
$0.50 for each additional fiche. Charges for manual and automated data 
base searches for bibliographic or other research information will be 
made in accordance with section 4, paragraphs (c)-(e) of this appendix. 
The contract rate charged by the commercial source to the National 
Agricultrual Library for computer services is available at the National 
Agricultural Library, Agricultural Research Service, USDA, Document 
Delivery Services Branch, 10301 Baltimore Boulevard, Beltsville, 
Maryland 20705-2351 (301-504-6503).
    (b) General photographic reproductions. Minimum charge $1 per order. 
An extra charge may be necessary for excessive laboratory

[[Page 22]]

time caused by any special instructions from the purchaser.

------------------------------------------------------------------------
                     Class of work and unit                        Price
------------------------------------------------------------------------
1. Black and white line negatives:
    4 by 5 (each................................................   $6.00
    8 by 10 (each)..............................................    8.50
    11 by 14 (each).............................................   11.00
2. Black and white continuous tone negatives:
    4 by 5 (each)...............................................    8.50
    8 by 10 (each)..............................................   11.00
3. Black and white enlargements: 8 by 10 and smaller (each).....    6.50
    11 by 14 (each).............................................   11.00
    Larger sizes and quantities.................................   (\1\)
4. Black and white slides:
    2x2 cardboard mounted (from copy negative) (each)...........    4.00
    Blue ozalid slides (each)...................................    5.00
5. Color slides: (2x2 cardboard mounted):
    Duplicate color slides:
        Display quality (each) (Display color slides are slides      .65
         copied from 35mm color slides only)....................
        Repro quality (each)....................................   (\1\)
        Original color slides (from flat copy) (each)...........    6.50
6. Color enlargements and transparencies: 4 by 5 and larger.....   (\1\)
7. Slide sets:
    1 to 50 frames..............................................   14.50
    51 to 60 frames.............................................   16.50
    61 to 75 frames.............................................   18.50
    76 to 95 frames.............................................   21.50
    96 to 105 frames............................................   23.00
    106 to 130 frames (Prices include printed narrative guide)..   26.50
8. Cassettes: (for the corresponding slide sets above)..........    3.00
------------------------------------------------------------------------
\1\ By quotation.

    (c) General aerial photographic reproductions. The prices for 
various types of aerial photographic reproductions are set forth in this 
paragraph. Size measurements refer to the approximate size in inches of 
the paper required to produce the reproduction.

------------------------------------------------------------------------
                             Size                                 Price
------------------------------------------------------------------------
                 Black and White Reproductions
------------------------------------------------------------------------
10x10 Paper...................................................     $5.00
10x10 Film Positive...........................................     10.00
10x10 Film Positive AT........................................     10.00
10x10 Film Positive Scan......................................     15.00
10x10 Film Duplicate Negative.................................      3.00
10x10 Film Internegative......................................      4.50
12x12 Paper...................................................     12.00
17x17 Paper...................................................     13.00
17x17 Film Positive...........................................     25.00
24x24 Paper...................................................     16.00
24x24 Film Positive...........................................     40.00
38x38 Paper...................................................     50.00
38x38 Film Positive...........................................     55.00
20x24 Paper Photo Index.......................................     20.00
Paper Line Index..............................................     15.00
Mylar Line Index..............................................     35.00
Microfilm (Photo Indexes): Aperture Cards.....................     10.00
 
Microfilm (Photo Indexes): Microfiche.........................     10.00
------------------------------------------------------------------------
                      Color Negative Reproductions
------------------------------------------------------------------------
10x10 Paper Quantities:
    1-50......................................................     $7.00
    51-1000...................................................      5.00
    1001 & Over...............................................      2.50
10x10 Film Positive...........................................     33.00
20x20 Paper...................................................     40.00
24x24 Paper...................................................     55.00
 
38x38 Paper...................................................     70.00
------------------------------------------------------------------------
                  Color Infrared Positive Reproductions
------------------------------------------------------------------------
10x10 Paper...................................................    $12.00
10x10 Film Positive...........................................     15.00
10x10 Film Positive AT........................................     15.00
10x10 Film Positive Scan......................................     20.00
20x20 Paper...................................................     32.00
24x24 Paper...................................................     40.00
38x38 Paper...................................................     70.00
------------------------------------------------------------------------

    (d) [Reserved]
    (e) Special needs. For special needs not covered elsewhere in this 
section, persons desiring aerial photographic reproductions should 
contact the aerial photography coordinator, Farm Service Agency (FSA), 
Aerial Photography Field Office, USDA-FSA, 2222 West 2300 South, P.O. 
Box 30010, Salt Lake City, Utah 84125.
    (f) Audio and videotape reproductions. For reproductions of audio-
videotapes, requesters must supply their own recording tape, and will be 
assessed a fee of $25.00 an hour for copying work requested. There is a 
one-hour minimum charge. Payment is required at the time video or 
audiotapes are accepted by the requester.

[52 FR 49386, Dec. 31, 1987, as amended at 62 FR 33980, June 24, 1997; 
64 FR 3395, Jan. 22, 1999]



                   Subpart B_Departmental Proceedings



Sec. 1.26  Representation before the Department of Agriculture.

    (a) Applicability. This section applies to all hearings and other 
proceedings before the Department of Agriculture, except to the extent 
that any other regulation of the Department may specifically make this 
section, or any part of this section, inapplicable as to particular 
hearings or other proceedings.
    (b) Administrative provisions. (1) In any hearing or other 
proceeding before the Department of Agriculture, the parties may appear 
in person or by counsel or other representative. Persons who appear as 
counsel or in a representative capacity in any hearing or proceeding 
must conform to the standards of ethical conduct required of 
practitioners before the U.S. District Court for the

[[Page 23]]

District of Columbia, and to any applicable standards of ethical conduct 
established by statutes, executive orders and regulations.
    (2) Whenever the Secretary finds, after notice and opportunity for 
hearing, that a person who is acting or has acted as counsel or 
representative in any hearing or other proceeding before the Department 
has not conformed to any such standards of ethical conduct, the 
Secretary may order that such person be precluded from acting as counsel 
or representative in any hearing or other proceeding before the 
Department for such period of time as the Secretary deems warranted. 
Whenever the Secretary has probable cause to believe that any person who 
is acting or has acted as counsel or representative in any such hearing 
or other proceeding has not conformed to any such standards of ethical 
conduct, the Secretary may, by written notice to such person, suspend 
the person from acting as such a counsel or representative pending 
completion of the procedures specified in the preceding sentence.
    (3) No employee or former employee of the Department shall be 
permitted to represent any person before the Department in connection 
with any particular matter as to which by reason of employment with the 
Department the employee or former employee acquired personal knowledge 
of such a nature that it would be improper, unethical, or contrary to 
the public interest for the employee or former employee so to act.
    (4) This section shall not be construed to prevent an employee or 
former employee of the Department from appearing as a witness in any 
hearing or other proceeding before the Department.

(18 U.S.C. 203, 205, 207)

[32 FR 5458, Apr. 1, 1967, as amended at 60 FR 66480, Dec. 22, 1995]



Sec. 1.27  Rulemaking and other notice procedures.

    (a) This section shall apply to:
    (1) Notices of proposed rulemaking;
    (2) Interim final rules;
    (3) Advance notices of proposed rulemaking; and
    (4) Any other published notice that solicits, or affords interested 
members of the public an opportunity to submit, written views with 
respect to any proposed action relating to any program administered in 
the Department regardless of the fact that the issuance of a rule may 
not be contemplated.
    (b) Each notice identified in paragraph (a) of this section shall 
indicate the procedure to be followed with respect to the notice, unless 
the procedure is prescribed by statute or by published rule of the 
Department. Each notice shall contain a statement that advises the 
public of the policy regarding the availability of written submissions 
by indicating whether paragraph (c), (d), or (e) of this section is 
applicable to written submissions made pursuant to the notice.
    (c) All written submissions made pursuant to the notice shall be 
made available for public inspection at times and places and in a manner 
convenient to the public business.
    (d)(1) Any written submission, pursuant to a notice, may be held 
confidential if the person making the submission requests that the 
submission be held confidential, the person making the submission has 
shown that the written submission may be withheld under the Freedom of 
Information Act, and the Department official authorized to issue the 
notice determines that the submission may be withheld under the Freedom 
of Information Act.
    (2) If a request is made in accordance with paragraph (d)(1) of this 
section for confidential treatment of a written submission, the person 
making the request shall be informed promptly in the event the request 
is denied and afforded an opportunity to withdraw the submission.
    (3) If a determination is made to grant a request for confidential 
treatment under paragraph (d)(1) of this section, a statement of the 
specific basis for the determination that will not be susceptible of 
identifying the person making the request will be made available for 
public inspection.
    (e) If the subject of the notice is such that meaningful submissions 
cannot be expected unless they disclose information that may be withheld 
under the Freedom of Information Act, the notice

[[Page 24]]

shall so indicate and contain a statement that written submissions 
pursuant to the notice will be treated as confidential and withheld 
under the Freedom of Information Act. Provided, That the policy 
regarding availability of written submissions set forth in this 
paragraph may only be used with the prior approval of the Secretary, or 
the Under Secretary or Assistant Secretary that administers the program 
that is the subject of the notice.

[60 FR 66480, Dec. 22, 1995]



Sec. 1.28  Petitions.

    Petitions by interested persons in accordance with 5 U.S.C. 553(e) 
for the issuance, amendment or repeal of a rule may be filed with the 
official that issued or is authorized to issue the rule. All such 
petitions will be given prompt consideration and petitioners will be 
notified promptly of the disposition made of their petitions.

[11 FR 177A-233, Sept. 11, 1946. Redesignated at 13 FR 6703, Nov. 16, 
1948, as amended at 60 FR 66481, Dec. 22, 1995]



Sec. 1.29  Subpoenas relating to investigations under statutes administered
by the Secretary of Agriculture.

    (a) Issuance of subpoena. (1) When the Secretary is authorized by 
statute to issue a subpoena in connection with an investigation being 
conducted by the Department, the attendance of a witness and the 
production of evidence relating to the investigation may be required by 
subpoena at any designated place, including the witness' place of 
business. Upon request of any representative of the Secretary involved 
in connection with the investigation, the subpoena may be issued by the 
Secretary, the Inspector General, or any Department official authorized 
pursuant to part 2 of this title to administer the program to which the 
subpoena relates, if the official who is to issue the subpoena is 
satisfied as to the reasonableness of the grounds, necessity, and scope 
of the subpoena. Except as provided in paragraph (a)(2) of this section, 
the authority to issue subpoenas may not be delegated or redelegated by 
the head of an agency.
    (2) The Administrator, Grain Inspection, Packers and Stockyards 
Administration, may delegate the authority to issue subpoenas in 
connection with investigations being conducted under the Packers and 
Stockyards Act (7 U.S.C. 181-229), to the Deputy Administrator, Packers 
and Stockyards Programs.
    (3) In the case of a subpoena issued under the Animal Health 
Protection Act (7 U.S.C. 8301-8317), Plant Protection Act (7 U.S.C. 
7701-7772), or Title V of the Agricultural Risk Protection Act of 2000 
(7 U.S.C. 2279e-2279f), the subpoena will be reviewed for legal 
sufficiency by the Office of the General Counsel, USDA.
    (b) Service of subpoena. (1) A subpoena issued pursuant to this 
section may be served by:
    (i) A U.S. Marshal or Deputy Marshal,
    (ii) Any other person who is not less than 18 years of age, or
    (iii) Certified or registered mailing of a copy of the subpoena 
addressed to the person to be served at his, her, or its last known 
residence or principal place of business or residence.
    (2) Proof of service may be made by the return of service on the 
subpoena by the U.S. Marshal, or Deputy Marshal; or, if served by an 
individual other than a U.S. Marshal or Deputy Marshal, by an affidavit 
or certification of such person stating that he or she personally served 
a copy of the subpoena upon the person named in the subpoena; or, if 
service was by certified or registered mail, by the signed Postal 
Service receipt.
    (3) In making personal service, the person making service shall 
leave a copy of the subpoena with the person subpoenaed; and the 
original, bearing or accompanied by the required proof of service, shall 
be returned to the official who issued the subpoena.

[39 FR 15277, May 2, 1974, as amended at 40 FR 58281, Dec. 16, 1975; 42 
FR 65131, Dec. 30, 1977; 43 FR 12673, Mar. 27, 1978; 60 FR 66481, Dec. 
22, 1995; 66 FR 36907, July 16, 2001; 67 FR 70674, Nov. 26, 2002]



                     Subpart C_Judicial Proceedings



Sec. 1.41  Service of process.

    Process in any suit brought in Washington, District of Columbia, 
against the United States or any officer of the U.S. Department of 
Agriculture in any matter involving the activities of this

[[Page 25]]

Department, shall be served on the General Counsel of the Department. A 
U.S. Marshal or other process server attempting to serve process in such 
a suit on any officer of the Department shall be referred to the Office 
of the General Counsel, in order that service of process may be made. In 
the event an officer of the Department of Agriculture is served with 
process in such a suit, the officer shall immediately notify the General 
Counsel. Any subpoena, summons, or other compulsory process requiring an 
officer or employee to give testimony, or to produce or disclose any 
record or material of the U.S. Department of Agriculture, shall be 
served on the officer or employee of the U.S. Department of Agriculture 
named in the subpoena, summons, or other compulsory process.

[19 FR 4052, July 3, 1954, as amended at 33 FR 10273, July 18, 1968; 43 
FR 6202, Feb. 14, 1978; 60 FR 66481, Dec. 22, 1995]



                            Subpart D_Claims



Sec. 1.51  Claims based on negligence, wrongful act or omission.

    (a) Authority of the Department. Under the provisions of the Federal 
Tort Claims Act (FTCA), as amended, 28 U.S.C. 2671-2680, and the 
regulations issued by the Department of Justice (DOJ) contained in 28 
CFR part 14, the United States Department of Agriculture (USDA) may, 
subject to the provisions of the FTCA and DOJ regulations, consider, 
ascertain, adjust, determine, compromise, and settle claims for money 
damages against the United States for personal injury, death, or 
property loss or damage caused by the negligent or wrongful act or 
omission of any employee of USDA while acting within the scope of his or 
her office or employment, under circumstances where the United States, 
if it were a private person, would be liable, in accordance with the law 
of the place where the act or omission occurred.
    (b) Procedure for filing claims. Claims must be presented by the 
claimant, or by his or her duly authorized agent or legal representative 
as specified in 28 CFR 14.3. Standard Form 95, Claim for Damage or 
Injury, may be obtained from the agency within USDA that employs the 
employee who allegedly committed the negligent or wrongful act or 
omission. The completed claim form, together with appropriate evidence 
and information, as specified in 28 CFR 14.4, shall be filed with the 
agency from which it was obtained.
    (c) Determination of claims--(1) Delegation of authority to 
determine claims. The General Counsel, and such employees of the Office 
of the General Counsel as may be designated by the General Counsel, are 
hereby authorized to consider, ascertain, adjust, determine, compromise, 
and settle claims pursuant to the FTCA, as amended, and the regulations 
contained in 28 CFR part 14 and in this section.
    (2) Disallowance of claims. If a claim is denied, the General 
Counsel, or his or her designee, shall notify the claimant, or his or 
her duly authorized agent or legal representative.

[61 FR 57577, Nov. 7, 1996]



          Subpart E_Cooperative Production of Television Films

    Source: 22 FR 2904, Apr. 25, 1957, unless otherwise noted.



Sec. 1.71  Purpose.

    This subpart establishes procedures for developing special working 
relationships with the Department of Agriculture requested by producers 
of films for television use. These procedures are designed to guide 
Department employees and producers of commercial television pictures in 
entering into such arrangements.



Sec. 1.72  Policy.

    (a) General. It is a basic policy of the Department of Agriculture 
to make information freely available to the public.
    (b) Cooperation with television film producers. The Department 
recognizes that its people and programs constitute a rich source of 
materials on public services, often dramatic and interesting for their 
human values, which are suitable for production of films for television 
showings. The Department welcomes the interest of television film 
producers in its activities and maintains an ``open door'' policy with 
respect to the availability of factual information

[[Page 26]]

to such producers, as it does to representatives of other media. As its 
resources will permit, the Department will work with producers at their 
request, to assure technical accuracy of scripts and story treatments.
    (c) Special working relationships. In those instances where a 
producer of films for television seeks special Department participation 
such as the use of official insignia of the Department, or who request 
special assistance such as the services of technical advisors, use of 
Government equipment and similar aids which require a material 
expenditure of public funds, and where the proposed film will further 
the public service of the Department, the Department will consider 
entering into a special working relationship with such producer.
    (d) News film reporting exempted. Television and news film reporting 
of Department activities is not covered by this subpart.



Sec. 1.73  Responsibility.

    The Director of Information or his designee will be the authority 
for the approval of special working relationships on the part of the 
Department of Agriculture and its agencies. The Director or his designee 
shall not commit the Department to such special arrangements without 
proper concurrence and coordination with interested agencies and 
approval by the appropriate Assistant Secretary or Group Director.



Sec. 1.74  Basis for special working relationships.

    The Department and its agencies may lend special assistance on 
television films when it is clearly evident that public interests are 
served. Where special assistance is sought, an individual cooperative 
agreement will be drawn up between the Department with the Director of 
Information as its agent, and the producer. Details on such assistance 
as reviewing stories and scripts, loan of material, arrangements for 
locations, use of official motion picture footage, assignment of 
technical advisors and similar aids will be covered in the agreement, 
which shall delineate the general stipulations listed in Sec. 1.75.



Sec. 1.75  General stipulations.

    In requesting special working arrangements the producer must agree 
to the following stipulations:
    (a) The producer must show that he has legal authority to the 
literary property concerned.
    (b) The producer must show access to a distribution channel 
recognized by the motion picture or television industry. In lieu of 
complete distribution plans for a television series, a producer must 
produce satisfactory evidence of financial responsibility (showing 
financial resources adequate for the defrayment of costs for the 
proposed undertaking).
    (c) The commercial advertising of any show produced, using oral or 
written rights granted to the producer, shall not indicate any 
endorsement, either direct or implied, by the U.S. Department of 
Agriculture or its agencies, of the sponsor's product.
    (d) Commercial sponsorship shall be only by a person, firm, or 
corporation acceptable under the terms of the 1954 Television Code of 
the National Association of Radio and Television Broadcasters, and all 
subsequent amendments thereto. Political sponsorship shall not be 
permitted.
    (e) That no production costs shall be chargeable to the U.S. 
Department of Agriculture.
    (f) That such cooperation will not interfere with the conduct of 
Department programs.
    (g) All damages, losses and personal liability incurred by producer 
will be his responsibility.
    (h) That mutual understanding and agreement will be reached upon 
story, script and film treatment with the Department before film 
production is begun.



Sec. 1.76  Department cooperation.

    When the producer agrees to meet the above stipulations to the 
satisfaction of the Director of Information, the U.S. Department of 
Agriculture and its agencies will be available for consultation on story 
ideas and give guidance through the services of a technical advisor to 
insure technical authenticity. Equipment, locations, and personnel will 
be available to the extent that such availability is concurrent with

[[Page 27]]

normal and usual conduct of the operations of the Department. The 
Department will check and work with the cooperators to arrange shooting 
schedules in order to avoid interferences with working schedules.



Sec. 1.77  Assignment of priorities.

    (a) Authority. (1) The Director of Information or his designee will 
make assignment of priorities for the U.S. Department of Agriculture for 
a television film company's and/or individual producer's story treatment 
of the subject matter, but no such priority shall limit use of the 
subject matter itself.
    (2) A priority will be given in writing upon acceptance in writing 
by the producer of the stipulations in Sec. 1.75(b). The U.S. 
Department of Agriculture will hold the producer's treatment of the 
story material in confidence until the producer has made a public 
release pertaining to the subject.
    (b) Time and scope. A priority will be given on the producer's story 
treatment for an agreed upon period of time. Requests for cooperation 
with similar or conflicting ideas and backgrounds will be considered 
only after holder of the first priority has used the agreed upon time to 
develop the materials.
    (1) Details on priorities will be written into the agreements.
    (2) The Director of Information will retain the right to cancel 
priorities when the producer at any stage violates the provisions of the 
regulations or of a particular agreement, or when public interest is no 
longer served.
    (3) No priority will be canceled until the producer has had an 
opportunity to appear before the Secretary of Agriculture or his 
designee.



Sec. 1.78  Development of special working relationships.

    (a) Preliminary. Prior to the submittal of a script or the rendering 
of an agreement, assistance may be given by the Department or one of its 
agencies in outlining story plans, visits to field points, and other 
incidentals that will assist the producer in determining his course of 
action.
    (b) Request for special working arrangements. Once the decision is 
made to go ahead with an agreement, either the interested agency or the 
producer will make a written submission to the Director of Information, 
requesting that special working arrangements be established.
    (1) In submitting scripts prior or subsequent to executing a written 
agreement under a special working relationship four (4) copies of the 
completed script shall be submitted to the Director of Information or 
his designee, along with a statement of specific requirements and the 
anticipated production schedule.
    (2) No script will be used under a special working relationship 
without the specific approval of the Director of Information.
    (3) Upon approval of the script, the agency of the Department 
concerned with subject matter will endeavor to arrange for the desired 
assistance with the stipulations of this policy.



Sec. 1.79  Credits.

    On films on which the Department or one of its agencies provides 
special assistance it shall be mutually agreed by the producer and the 
Director of Information what credits shall be given to the Department, 
and the form these credits will take.



                    Subpart G_Privacy Act Regulations

    Authority: 5 U.S.C. 301 and 552a; 31 U.S.C. 9701.

    Source: 40 FR 39519, Aug. 28, 1975, unless otherwise noted.



Sec. 1.110  Purpose and scope.

    This subpart contains the regulations of the U.S. Department of 
Agriculture (USDA) implementing the Privacy Act of 1974 (5 U.S.C. 552a). 
This subpart sets forth the basic responsibilities of each agency of 
USDA with regard to USDA's compliance with the requirements of the 
Privacy Act, and offers guidance to members of the public who wish to 
exercise any of the rights established by the Privacy Act with regard to 
records maintained by an agency of USDA.

[40 FR 39519, Aug. 28, 1975, as amended at 62 FR 33981, June 24, 1997]

[[Page 28]]



Sec. 1.111  Definitions.

    For purposes of this subpart the terms individual, maintain, record, 
system of records, statistical record, and routine use shall have the 
meanings set forth in 5 U.S.C. 552a(a). The term agency shall mean an 
agency of USDA, unless otherwise indicated.



Sec. 1.112  Procedures for requests pertaining to individual records
in a record system.

    (a) Any individual who wishes to be notified if a system of records 
maintained by an agency contains any record pertaining to him or her, or 
to request access to such records, shall submit a written request in 
accordance with the instructions set forth in the system notice for that 
system of records. This request shall include:
    (1) The name of the individual making the request;
    (2) The name of the system of records (as set forth in the system 
notice to which the request relates);
    (3) Any other information specified in the system notice; and
    (4) When the request is one for access, a statement as to whether 
the requester desires to make a personal inspection of the records, or 
be supplied with copies by mail.
    (b) Any individual whose request under paragraph (a) of this section 
is denied may appeal that denial to the head of the agency which 
maintains the system of records to which the request relates.
    (c) In the event that an appeal under paragraph (b) of this section 
is denied, the requester may bring a civil action in federal district 
court to seek review of the denial.

[40 FR 39519, Aug. 28, 1975, as amended at 62 FR 33981, June 24, 1997]



Sec. 1.113  Times, places, and requirements for identification of
individuals making requests.

    (a) If an individual submitting a request for access under Sec. 
1.112 has asked that an agency authorize a personal inspection of 
records pertaining to him or her, and the agency has granted that 
request, the requester shall present himself or herself at the time and 
place specified in the agency's response or arrange another, mutually 
convenient, time with the appropriate agency official.
    (b) Prior to inspection of the records, the requester shall present 
sufficient identification (e.g., driver's license, employee 
identification card, social security card, credit cards) to establish 
that the requester is the individual to whom the records pertain. If the 
requester is unable to provide such identification, the requester shall 
complete and sign in the presence of an agency official a signed 
statement asserting the requester's identity and stipulating that the 
requester understands that knowingly or willfully seeking or obtaining 
access to records about another individual under false pretenses is a 
misdemeanor punishable by fine up to $5,000. No identification shall be 
required, however, if the records are required by 5 U.S.C. 552 to be 
released.
    (c) Any individual who has requested access to records about himself 
or herself by personal inspection, and who wishes to have another person 
or persons accompany the requester during this inspection, shall submit 
a written statement authorizing disclosure of the record in the presence 
of such other person or persons.
    (d) Any individual having made a personal inspection of records 
pertaining to the requester may request the agency to provide the 
requester copies of those records or any portion of those records. Each 
agency shall grant such requests but may charge fees in accordance with 
Sec. 1.120.
    (e) If an individual submitting a request for access under Sec. 
1.112 wishes to be supplied with copies of the records by mail, the 
requester shall include with his or her request sufficient data for the 
agency to verify the requester's identity. If the sensitivity of the 
records warrant it, however, the agency to which the request is directed 
may require the requester to submit a signed, notarized statement 
indicating that the requester is the individual to whom the records 
pertain and stipulating the requester understands that knowingly or 
willfully seeking or obtaining access to records about another 
individual under false pretenses is a misdemeanor punishable by fine up 
to

[[Page 29]]

$5,000. No identification shall be required, however, if the records are 
required by 5 U.S.C. 552 to be released. If the agency to which this 
request is directed determines to grant the requested access, it may 
charge fees in accordance with Sec. 1.120 before making the necessary 
copies.

[40 FR 39519, Aug. 28, 1975, as amended at 62 FR 33981, June 24, 1997]



Sec. 1.114  Disclosure of requested information to individuals.

    (a) Any agency which receives a request or appeal under Sec. 1.112 
should acknowledge the request or appeal within 10 days of its receipt 
(excluding Saturdays, Sundays, and legal public holidays). Wherever 
practicable, the acknowledgment should indicate whether or not access 
will be granted and, if so, when and where. When access is to be 
granted, the agency should provide the access within 30 days of receipt 
of the request or appeal (excluding Saturdays, Sundays and legal public 
holidays) unless, for good cause shown, it is unable to do so. If the 
agency is unable to meet this deadline, it shall inform the requester of 
this fact, the reasons for its inability to do so, and an estimate of 
the date on which access will be granted.
    (b) Nothing in 5 U.S.C. 552a or this subpart shall be interpreted to 
require that an individual making a request under Sec. 1.112 be granted 
access to the physical record itself. The form in which a record is kept 
(e.g., on magnetic tape), or the content of the record (e.g., a record 
indexed under the name of the requester may contain records which are 
not about the requester) may require that the record be edited or 
translated in some manner. Neither of these procedures may be utilized, 
however, to withhold information in a record about the requester.
    (c) No agency shall deny any request under Sec. 1.112 for 
information concerning the existence of records about the requester in 
any system of records it maintains, or deny any request for access to 
records about the requester in any system of records it maintains, 
unless that system is exempted from the requirements of 5 U.S.C. 552a(d) 
in Sec. 1.123.
    (d) If any agency receives a request pursuant to Sec. 1.112(a) for 
access to records in a system of records it maintains which is so 
exempted, the system manager shall determine if the exemption is to be 
asserted. If the system manager determines to deny the request, the 
system manager shall inform the requester of that determination, the 
reason for the determination, and the title and address of the agency 
head to whom the denial can be appealed.
    (e) If the head of an agency determines that an appeal pursuant to 
Sec. 1.112(b) is to be denied, the head of the agency shall inform the 
requester of that determination, the reason for the determination, and 
the requester's right under 5 U.S.C. 552a(g) to seek judicial review of 
the denial in Federal district court.
    (f) Nothing in 5 U.S.C. 552a or this subpart shall allow an 
individual access to any information compiled in reasonable anticipation 
of a civil action or proceeding.

[40 FR 39519, Aug. 28, 1975, as amended at 62 FR 33981, June 24, 1997]



Sec. 1.115  Special procedures: Medical records.

    In the event an agency receives a request pursuant to Sec. 1.112 
for access to medical records (including psychological records) whose 
disclosure it determines would be harmful to the individual to whom they 
relate, it may refuse to disclose the records directly to the requester 
but shall transmit them to a doctor designated by that individual.



Sec. 1.116  Request for correction or amendment to record.

    (a) Any individual who wishes to request correction or amendment of 
any record pertaining to him or her contained in a system of records 
maintained by an agency shall submit that request in writing in 
accordance with the instructions set forth in the system notice for that 
system of records. This request shall include:
    (1) The name of the individual making the request;
    (2) The name of the system of records (as set forth in the system 
notice to which the request relates);

[[Page 30]]

    (3) A description of the nature (e.g., modification, addition or 
deletion) and substance of the correction or amendment requested; and
    (4) Any other information specified in the system notice.
    (b) Any individual submitting a request pursuant to paragraph (a) of 
this section shall include sufficient information in support of that 
request to allow the agency to which it is addressed to apply the 
standards set forth in 5 U.S.C. 552a(e) (1) and (5).
    (c) Any individual whose request under paragraph (a) of this section 
is denied may appeal that denial to the head of the agency which 
maintains the system of records to which the request relates.
    (d) In the event that an appeal under paragraph (c) of this section 
is denied, the requester may bring a civil action in federal district 
court to seek review of the denial.

[40 FR 39519, Aug. 28, 1975, as amended at 62 FR 33981, June 24, 1997]



Sec. 1.117  Agency review of request for correction or amendment of record.

    (a) Any agency which receives a request for amendment or correction 
under Sec. 1.116 shall acknowledge that request within 10 days of its 
receipt (excluding Saturdays, Sundays and legal public holidays). The 
agency shall also promptly, either:
    (1) Make any correction, deletion or addition with regard to any 
portion of a record which the requester believes is not accurate, 
relevant, timely or complete; or
    (2) Inform the requester of its refusal to amend the record in 
accordance with the request; the reason for the refusal; the procedures 
whereby the requester can appeal the refusal to the head of the agency; 
and the title and business address of that official. If the agency 
informs the requester of its determination within the 10-day deadline, a 
separate acknowledgement is not required.
    (b) If an agency is unable to comply with either paragraphs (a)(1) 
or (2) of this section within 30 days of its receipt of a request for 
correction or amendment, (excluding Saturdays, Sundays and legal public 
holidays), it should inform the requester of that fact, the reasons for 
the inability to comply with paragraphs (a)(1) or (a)(2) of this section 
within 30 days, and the approximate date on which a determination will 
be reached.
    (c) In conducting its review of a request for correction or 
amendment, each agency shall be guided by the requirements of 5 U.S.C. 
552a(e)(1) and (5).
    (d) If an agency determines to grant all or any portion of a request 
for correction or amendment, it shall:
    (1) Advise the individual of that determination;
    (2) Make the requested correction or amendment; and
    (3) Inform any person or agency outside USDA to whom the record has 
been disclosed, if an accounting of that disclosure is maintained in 
accordance with 5 U.S.C. 552a(c), of the occurrence and substance of the 
correction or amendments.
    (e) If an agency determines not to grant all or any portion of a 
request for correction or amendment, it shall:
    (1) Comply with paragraph (d) of this section with regard to any 
correction or amendment which is made;
    (2) Advise the requester of its determination and the reasons for 
the determination not to grant all or a portion of the request for a 
correction or amendment;
    (3) Inform the requester that he or she may appeal this 
determination to the head of the agency which maintains the system of 
records; and
    (4) Describe the procedures for making such an appeal, including the 
title and business address of the official to whom the appeal is to be 
addressed.
    (f) In the event that an agency receives a notice of correction or 
amendment to information in a record contained in a system of records 
which it maintains, it shall comply with paragraphs (d)(2) and (3) of 
this section in the same manner as if it had made the correction or 
amendment itself.

[40 FR 39519, Aug. 28, 1975, as amended at 62 FR 33981, June 24, 1997]



Sec. 1.118  Appeal of initial adverse agency determination on correction 
or amendment.

    (a) Any individual whose request for correction or amendment under 
Sec. 1.116 is denied, and who wishes to appeal

[[Page 31]]

that denial, shall address such appeal to the head of the agency which 
maintains the system of records to which the request relates, in 
accordance with the procedures set forth in the agency's initial denial 
of the request.
    (b) The head of each agency shall make a final determination with 
regard to an appeal submitted under paragraph (a) of this section not 
later than 30 days (excluding Saturdays, Sundays, and legal public 
holidays) from the date on which the individual requests a review, 
unless, for good cause shown, the head of the agency extends this 30-day 
period and so notifies the requester, together with an estimate of the 
date on which a final determination will be made. Such extension should 
be utilized only in exceptional circumstances and should not normally 
exceed 30 days. The delegation of authority set forth in this paragraph 
may not be redelegated.
    (c) In conducting a review of an appeal submitted under paragraph 
(a) of this section, the head of an agency shall be guided by the 
requirements of 5 U.S.C. 552a(e)(1) and (5).
    (d) If the head of an agency determines to grant all or any portion 
of an appeal submitted under paragraph (a) of this section, the head of 
the agency shall inform the requester and the agency shall comply with 
the procedures set forth in Sec. 1.117(d)(2) and (d)(3).
    (e) If the head of an agency determines in accordance with paragraph 
(c) of this section not to grant all or any portion of an appeal 
submitted under paragraph (a) of this section, the head of the agency 
shall inform the requester:
    (1) Of this determination and the reasons for the determination;
    (2) Of the requester's right to file a concise statement of the 
requester's reasons for disagreeing with the agency's decision;
    (3) Of the procedures for filing such a statement of disagreement;
    (4) That such statements of disagreements will be made available to 
anyone to whom the record is subsequently disclosed, together with (if 
the agency deems it appropriate) a brief statement by the agency 
summarizing its reasons for refusing to amend the record;
    (5) That prior recipients of the disputed record will be provided 
with a copy of the statement of disagreement, together with (if the 
agency deems it appropriate) a brief statement of the agency's reasons 
for refusing to amend the record, to the extent that an accounting of 
disclosures is maintained under 5 U.S.C. 552a(c); and
    (6) Of the requester's right to seek judicial review of the agency's 
determination in accordance with 5 U.S.C. 552a(g). The agency shall 
insure that any statements of disagreement submitted by a requester are 
handled in accordance with paragraphs (e)(4) and (5) of this section.

[40 FR 39519, Aug. 28, 1975, as amended at 62 FR 33981, June 24, 1997]



Sec. 1.119  Disclosure of record to person other than the individual
to whom it pertains.

    No agency shall disclose any record which is contained in a system 
of records it maintains, by any means of communication to any person, or 
to another agency outside USDA, except pursuant to a written request by, 
or with the prior written consent of, the individual to whom the record 
pertains, unless the disclosure is authorized by one or more provisions 
of 5 U.S.C. 552a(b).



Sec. 1.120  Fees.

    Any agency which provides copies of records pursuant to a request 
under this subpart may charge fees for the direct costs of producing 
such copies in accordance with appendix A to subpart A of this part. No 
agency, however, shall charge any fee for searches necessary to locate 
records. Nor shall an agency charge any fees for copies or searches, 
when the requester sought to make a personal inspection but was provided 
copies instead at the discretion of the agency.



Sec. 1.121  Penalties.

    The criminal penalties which have been established for violations of 
the Privacy Act of 1974 are set forth in 5 U.S.C. 552a(i). These 
penalties are applicable to any officer or employee of an agency who 
commits any of the acts enumerated in 5 U.S.C. 552a(i). These penalties 
also apply to contractors and

[[Page 32]]

employees of such contractors who enter into contracts with an agency of 
USDA and who are considered to be employees of the agency within the 
meaning of 5 U.S.C. 552a(m)(1).

[40 FR 39519, Aug. 28, 1975, as amended at 62 FR 33982, June 24, 1997]



Sec. 1.122  General exemptions.

    Pursuant to 5 U.S.C. 552a(j), and for the reasons set forth in 54 FR 
11204-11206 (March 17, 1989), the systems of records (or portions of 
systems of records) maintained by agencies of USDA identified in this 
section are exempted from the provisions of 5 U.S.C. 552a, except 
subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), 
(9), (10), and (11), and (i).

                       Office of Inspector General

Informant and Undercover Agent Records, USDA/OIG-2.
Investigative Files and Automated Investigative Indices System, USDA/
OIG-3.
OIG Hotline Complaint Records, USDA/OIG-4.
Consolidated Assignments, Personnel Tracking, and Administrative 
Information Network (CAPTAIN), USDA/OIG-5.

[54 FR 39517, Sept. 27, 1989, as amended at 62 FR 33982, June 24, 1997; 
62 FR 61209, Nov. 17, 1997]



Sec. 1.123  Specific exemptions.

    Pursuant to 5 U.S.C. 552a(k), the systems of records (or portions 
thereof) maintained by agencies of USDA identified below are exempted 
from the provisions of 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (H) 
and (I), and (f). The reasons for exempting each system are set out in 
the notice for that system published in the Federal Register.

                     Agricultural Marketing Service

AMS Office of Compliance Review Cases, USDA/AMS-11.

           Agricultural Stabilization and Conservation Service

EEO Complaints and Discrimination Investigation Reports, USDA/ASCS-12.
Investigation and Audit Reports, USDA/ASCS-18.
Producer Appeals, USDA/ASCS-21.

               Animal and Plant Health Inspection Service

Plant Protection and Quarantine Program--Regulatory Actions, USDA/APHIS-
1.
Veterinary Services Programs--Records of Accredited Veterinarians, USDA/
APHIS-2.
Veterinary Services Programs--Animal Quarantine Regulatory Actions, 
USDA/APHIS-3.
Veterinary Services Programs--Animal Welfare and Horse Protection 
Regulatory Actions, USDA/APHIS-4.

                       Farmers Home Administration

Credit Report File, USDA/FmHA-3.

                   Federal Crop Insurance Corporation

FCIC Compliance Review Cases, USDA/FCIC-2.

                    Federal Grain Inspection Service

Investigations Undertaken by the Government Pursuant to the United 
States Grain Standards Act of 1976, as amended, or the Agricultural 
Marketing Act of 1946, as amended, USDA/FGIS-2.

                       Food and Nutrition Service

Civil Rights Complaints and Investigations, USDA/FNS-1.
Claims Against Food Stamp Recipients, USDA/FNS-3.
Investigations of Fraud, Theft, or Other Unlawful Activities of 
Individuals Involving Food Stamps, USDA/FNS-5.

                   Food Safety and Inspection Service

Meat and Poultry Inspection Program--Slaughter, Processing and Allied 
Industries Compliance Records System, USDA/FSIS-1.

                             Forest Service

Law Enforcement Investigation Records, USDA/FS-33.

                      Office of the General Counsel

                           Regulatory Division

Cases by the Department under the Federal Meat Inspection Act, the 
Poultry Products Inspection Act, and the voluntary inspection and 
certification provisions of the Agricultural Marketing Act of 1946, 
USDA/OGC-6.
Cases by the Department under the Humane Methods of Livestock Slaughter 
Law (i.e., the Act of August 27, 1958), USDA/OGC-7.
Cases by the Department under the 28 Hour Law, as amended, USDA/OGC-8.
Cases by the Department under the various Animal Quarantine and related 
laws, USDA/OGC-9.
Cases by the Department under the various Plant Protection Quarantine 
and related laws, USDA/OGC-10.
Cases by the Department under Horse Protection Act of 1970, USDA/OGC-41.

[[Page 33]]

Cases by the Department under the Laboratory Animal Welfare Act, USDA/
OGC-42.

                     Community Development Division

Community Development Division Litigation, USDA/OGC-11.
Farmers Home Administration (FmHA) General Case Files, USDA/OGC-12.

                       Food and Nutrition Division

Claims by and against USDA under the Food Assistance Legislation, USDA/
OGC-13.
Perishable Agricultural Commodities, USDA/OGC-14.

        Foreign Agriculture and Commodity Stabilization Division

Agricultural Stabilization and Conservation Service (ASCS), Foreign 
Agricultural Service (FAS), and Commodity Credit Corporation Cases, 
USDA/OGC-15.
Federal Crop Insurance Corporation (FCIC) Cases, USDA/OGC-16.
Administrative proceedings brought by the Department, court cases in 
which the government is plaintiff and court cases in which the 
government is a defendant brought pursuant to the United States 
Warehouse Act, USDA/OGC-43.

                           Marketing Division

Administrative proceedings brought by the Department pursuant to the 
Plant Variety Protection Act, the Federal Seed Act, or the Agricultural 
Marketing Act of 1946, USDA/OGC-18.
Cases brought by the Government pursuant to the Cotton Futures 
provisions of the Internal Revenue Code of 1954, USDA/OGC-22.
Court cases brought by the Government pursuant to either the 
Agricultural Marketing Act of 1946 or the Tobacco Inspection Act, USDA/
OGC-24.
Court cases brought by the Government pursuant to either the 
Agricultural Marketing Agreement Act of 1937, as amended, or the Anti-
Hog-Cholera Serum and Hog Cholera Virus Act, USDA/OGC-25.
Court cases brought by the Government pursuant to either the Cotton 
Research and Promotion Act, Potato Research and Promotion Act, the Egg 
Research and Consumer Information Act, USDA/OGC-26.
Court cases brought by the Government pursuant to either the Export 
Apple and Pear Act or the Export Grape and Plum Act, USDA/OGC-27.
Court cases brought by the Government pursuant to either the Cotton 
Statistics and Estimates Act of 1927 or the United States Cotton 
Standards Act, USDA/OGC-28.
Court cases brought by the Government pursuant to either the Naval 
Stores Act, or the Tobacco Seed and Plant Exportation Act, USDA/OGC-29.
Court cases brought by the Government pursuant to either the Peanut 
Statistics Act or the Tobacco Statistics Act, USDA/OGC-30.
Court cases brought by the Government pursuant to either the Plant 
Variety Protection Act or the Egg Products Inspection Act, USDA/OGC-31.
Court cases brought by the Government pursuant to either the Produce 
Agency Act, or the Process of Renovated Butter Provisions of the 
Internal Revenue Code of 1954, USDA/OGC-32.
Court cases brought by the Government pursuant to either the United 
States Grain Standards Act or the Federal Seed Act, USDA/OGC-33.
Court cases brought by the Government pursuant to the Agricultural Fair 
Practices Act, USDA/OGC-34.
Cases by and against the Department under the Virus-Serum Toxin Act, 
USDA/OGC-44.

                       Office of Inspector General

Informant and Undercover Agent Records, USDA/OIG-2.
Investigative Files and Automated Investigative Indices System, USDA/
OIG-3.
OIG Hotline Complaint Records, USDA/OIG-4.
Consolidated Assignments, Personnel Tracking, and Administrative 
Information Network (CAPTAIN), USDA/OIG-5.

                     Packers and Stockyards Division

Packers and Stockyards Act, Administrative Cases, USDA/OGC-69.
Packers and Stockyards Act, Civil and Criminal Cases, USDA/OGC-70.

                    Research and Operations Division

Personnel Irregularities, USDA/OGC-75.

                         Office of the Secretary

Non-Career Applicant File, USDA/SEC-1.

[40 FR 45103, Sept. 30, 1975, as amended at 41 FR 22333, June 3, 1976; 
53 FR 5969, Feb. 29, 1988; 54 FR 5073, Feb. 1, 1989; 55 FR 41179, Oct. 
10, 1990; 62 FR 61209, Nov. 17, 1997]



       Sec. Appendix A to Subpart G of Part 1--Internal Directives

    Section 1 General requirements. Each agency that maintains a system 
of records subject to 5 U.S.C. 552a and the regulations of this subpart 
shall:
    (a) Maintain in its records only such information about an 
individual as is relevant and necessary to accomplish a purpose of the 
agency required to be accomplished by statute or by executive order of 
the President;
    (b) Collect information to the greatest extent practicable directly 
from the subject individual when the information may result in

[[Page 34]]

adverse determinations about an individual's rights, benefits, and 
privileges under Federal programs;
    (c) Inform each individual whom it asks to supply information, on 
the form which it uses to collect the information, or on a separate form 
that can be retained by the individual, of:
    (1) The authority (whether granted by statute, or by executive order 
of the President) which authorizes the solicitation of the information 
and whether disclosure of such information is mandatory or voluntary;
    (2) The principal purpose or purposes for which the information is 
intended to be used;
    (3) The routine uses which may be made of the information, as 
published pursuant to paragraph (d)(4) of this section; and
    (4) The effects on the individual, if any, of not providing all or 
any part of the requested information;
    (d) Subject to the provisions of section 2 of this appendix, prepare 
for publication in the Federal Register at least annually a notice of 
the existence and character of each system it maintains, which notice 
shall include:
    (1) The name and location(s) of the system;
    (2) The categories of individuals on whom records are maintained in 
the system;
    (3) The categories of records maintained in the system;
    (4) Each routine use of the records contained in the system, 
including the categories of uses and the purpose of such use;
    (5) The policies and practices of the agency regarding storage, 
retrievability, access controls, retention, and disposal of the records;
    (6) The title and business address of the agency official who is 
responsible for the system of records;
    (7) The agency procedures whereby an individual can be notified at 
his or her request if the system of records contains a record pertaining 
to the individual;
    (8) The agency procedures whereby an individual can be notified at 
his or her request how the individual can gain access to any record 
pertaining to him or her contained in the system of records, and how he 
can contest its content; and
    (9) The categories of sources of records in the system;
    (e) Maintain all records which are used by the agency in making any 
determination about any individual with such accuracy, relevance, 
timeliness, and completeness as is reasonably necessary to assure 
fairness to the individual in the determination;
    (f) Prior to disseminating any record about an individual to any 
person other than an agency, unless the dissemination is made pursuant 
to 5 U.S.C. 552a(b)(2), make reasonable efforts to assure that such 
records are accurate, complete, timely, and relevant for agency 
purposes;
    (g) Maintain no record describing how any individual exercises 
rights guaranteed by the First Amendment unless expressly authorized by 
statute or by the individual about whom the record is maintained, or 
unless pertinent to and within the scope of an authorized law 
enforcement activity;
    (h) Make reasonable efforts to serve notice on an individual when 
any record on such individual is made available to any person under 
compulsory legal process when such process becomes a matter of public 
record;
    (i) Establish rules of conduct for persons involved in the design, 
development, operation, or maintenance of any system of records, or in 
maintaining any record, and instruct each such person with respect to 
such rules and the requirements of this section, including any other 
rules and procedures adopted pursuant to this section and the penalties 
for noncompliance;
    (j) Establish appropriate administrative, technical, and physical 
safeguards to insure the security and confidentiality of records and to 
protect against any anticipated threats or hazards to their security or 
integrity which could result in substantial harm, embarrassment, 
inconvenience, or unfairness to any individual on whom information is 
maintained.
    Sec. 2 Amendment of routine uses for an existing system of records, 
or establishment of a new system of records.
    (a) Any agency which intends to add a routine use, or amend an 
existing one, in a system of records it maintains, shall, in accordance 
with 5 U.S.C. 552a(e)(11), ensure that at least 30 days advance notice 
of such action is given by publication in the Federal Register and an 
opportunity provided for interested persons to submit written data, 
views or arguments to the agency.
    (b) Any agency which intends to establish a new system of records, 
or to alter any existing system of records, shall insure that adequate 
advance notice is provided to Congress and the Office of Management and 
Budget to permit an evaluation of the probable or potential effect of 
such action on the privacy and other personal or property rights of 
individuals or the disclosure of information relating to such 
individuals, and its effect on the preservation of the constitutional 
principles of federalism and separation of powers. Such notice is 
required for any new system of records and for any alteration in an 
existing one which will:
    (1) Increase the number or types of individuals on whom records are 
maintained;
    (2) Expand the type or amount of information maintained;
    (3) Increase the number or categories of agencies or other persons 
who may have access to those records;
    (4) Alter the manner in which the records are organized so as to 
change the nature or scope of those records (e.g., the combining of two 
or more existing systems);

[[Page 35]]

    (5) Modify the way the system operates at its location(s) in such a 
manner as to alter the procedures by which individuals can exercise 
their rights under this subpart; or
    (6) Change the equipment configuration on which the system is 
operated so as to create the potential for greater access (e.g., adding 
a telecommunications capability).
    Sec. 3 Accounting of certain disclosures. Each agency, with respect 
to each system of records under its control, shall:
    (a) Except for disclosures made under 5 U.S.C. 552a(b)(1) and (2), 
keep an accurate account of:
    (1) The date, nature, and purpose of each disclosure of a record to 
any person or agency outside the Department; and
    (2) The name and address of the person or agency to whom the 
disclosure is made;
    (b) Retain the accounting made under paragraph (a) of this section 
for the longer of a period of five years, after the date of the 
disclosure for which the accounting is made, or the life of the record 
disclosed;
    (c) Except for disclosures made under 5 U.S.C. 552a(b)(7), make the 
accounting required under paragraph (a) of this section available to the 
individual named in the record at his or her request.
    Sec. 4 Government contractors. When an agency within the Department 
provides by a contract for the operation by or on behalf of the agency 
of a system of records to accomplish an agency function, the agency 
shall, consistent with its authority, cause the requirements of this 
subpart to be applied to such system. For purposes of 5 U.S.C. 552a(i) 
any such contractor or any employee of such contractor shall be 
considered to be an employee of an agency and therefore subject to the 
criminal penalties set forth in 5 U.S.C. 552a(i).
    Sec. 5 Mailing lists. No agency within the Department shall sell or 
rent any individual's name and address unless such action is 
specifically authorized by law. This section shall not be construed to 
require, or to authorize, the withholding of names and addresses whose 
disclosure is required by 5 U.S.C. 552.
    Sec. 6 Social security account numbers. (a) No agency shall deny, or 
permit any State or local government with whom it is involved in a 
cooperative venture to deny, to any individual any right, benefit, or 
privilege provided by law because of such individual's refusal to 
disclose his or her social security account number.
    (b) Paragraph (a) of this section shall not apply with respect to:
    (1) Any disclosure required by Federal statute; or
    (2) Any disclosure to any agency relating to a system of records it 
maintained prior to January 1, 1975, if such disclosure was required 
under statute or regulation adopted prior to that date, to verify the 
identity of an individual.
    (c) Any agency in the Department which requests an individual to 
disclose his or her social security account number shall inform that 
individual whether the disclosure is mandatory or voluntary, by what 
statutory or other authority the number is solicited, and what uses will 
be made of it. The agency shall also insure that this information is 
provided by a State or local government with whom it is involved in a 
cooperative agreement.
    Sec. 7. Annual report. Each agency in the Department shall submit to 
the Office of the General Counsel prior to March 30 of each year a 
report containing the following information related to implementation of 
5 U.S.C. 552a:
    (a) A summary of major accomplishments;
    (b) A summary of major plans for activities in the upcoming year;
    (c) A list of the systems which were exempted during the year from 
any of the operative provisions of this subpart pursuant to 5 U.S.C. 
552a (j) and (k), whether or not the exemption was effected during that 
year, the number of instances with respect to each system exempted in 
which the exemption was invoked to deny access, and the reasons for 
invoking the exemption;
    (d) A brief summary of changes to the total inventory of personal 
data system subject to this subpart including reasons for major changes; 
and
    (e) A general description of operational experiences including 
estimates of the number of individuals (in relation to the total number 
of records in the system):
    (1) Requesting information on the existence of records pertaining to 
them;
    (2) Refusing to provide information;
    (3) Requesting access to their records;
    (4) Appealing initial refusals to amend records; and
    (5) Seeking redress through the courts.
    Sec. 8. Effect of 5 U.S.C. 552. No agency in the Department shall 
rely on any exemption in 5 U.S.C. 552 to withhold from an individual any 
record which is otherwise accessible to such individual under 5 U.S.C. 
552a and this subpart.

[40 FR 44480, Sept. 26, 1975, as amended at 62 FR 33982, June 24, 1997]



 Subpart H_Rules of Practice Governing Formal Adjudicatory Proceedings 
           Instituted by the Secretary Under Various Statutes

    Authority: 5 U.S.C. 301; 7 U.S.C. 61, 87e, 228, 268, 499o, 608c(14), 
1592, 1624(b), 2151, 2279e, 2621, 2714, 2908, 3812, 4610, 4815, 4910, 
6009, 6107,

[[Page 36]]

6207, 6307, 6411, 6519, 6520, 6808, 7107, 7734, 8313; 15 U.S.C. 1828; 16 
U.S.C. 620d, 1540(f), 3373; 21 U.S.C. 104, 111, 117, 120, 122, 127, 
134e, 134f, 135a, 154, 463(b), 621, 1043; 43 U.S.C. 1740; 7 CFR 2.35, 
2.41.

    Source: 42 FR 743, Jan. 4, 1977, unless otherwise noted.



Sec. 1.130  Meaning of words.

    As used in this subpart, words in the singular form shall be deemed 
to import the plural, and vice versa, as the case may require.



Sec. 1.131  Scope and applicability of this subpart.

    (a) The rules of practice in this subpart shall be applicable to all 
adjudicatory proceedings under the statutory provisions listed below as 
those provisions have been or may be amended from time to time, \1\ 
except that those rules shall not be applicable to reparation 
proceedings under section 6(c) of the Perishable Agricultural 
Commodities Act, 1930. Section 1.26 shall be inapplicable to the 
proceedings covered by this subpart.
---------------------------------------------------------------------------

    \1\ See also the regulations promulgated under these statutes for 
any supplemental rules relating to particular circumstances arising 
thereunder.

Agricultural Bioterrorism Protection Act of 2002, section 212(i) (7 
U.S.C. 8401(i)).
Agricultural Marketing Agreement Act of 1937, as amended, section 
8c(14), 7 U.S.C. 608c(14).
Animal Health Protection Act, section 10414 (7 U.S.C. 8313).
Animal Welfare Act, section 19 (7 U.S.C. 2149).
Beef Promotion and Research Act of 1985, section 9 (7 U.S.C. 2908).
Egg Products Inspection Act, section 18 (21 U.S.C. 1047).
Endangered Species Act of 1973, as amended, section 11(a) (16 U.S.C. 
1540(a)).
Egg Research and Consumer Information Act, as amended, 7 U.S.C. 2714, 
Pub. L. 96-276, 94 Stat. 541.
Federal Land Policy and Management Act of 1976, section 506 (43 U.S.C. 
1766).
Federal Meat Inspection Act, sections 4, 6, 7(e), 8, and 401 (21 U.S.C. 
604, 606, 607(e), 608, 671).
Federal Seed Act, section 409 (7 U.S.C. 1599).
Fluid Milk Promotion Act of 1990, section 1999L [7 U.S.C. 6411].
Forest Resources Conversation and Shortage Relief Act of 1990, section 
492 (16 U.S.C. 620d)
Fresh Cut Flowers and Fresh Cut Greens Promotion and Consumer 
Information Act of 1993, section 9 [7 U.S.C. 6808].
Honey Research, Promotion, and Consumer Information Act, section 11 (7 
U.S.C. 4610).
Horse Protection Act of 1970, sections 4(c) and 6 (15 U.S.C. 1823(c), 
1825).
Lacey Act Amendments of 1981, section 4 (a) and (b) (16 U.S.C. 3373 (a) 
and (b)).
Lime Research, Promotion, and Consumer Information Act of 1990, as 
amended, section 1958 [7 U.S.C. 6207]
Mushroom Promotion, Research, and Consumer Information Act of 1990, 
section 1928 [7 U.S.C. 6107]
Organic Foods Production Act of 1990, sections 2119 and 2120 (7 U.S.C. 
6519, 6520).
Packers and Stockyards Act, 1921, as supplemented, sections 203, 312, 
and 401 of the Act, and section 1, 57 Stat. 422, as amended by section 
4, 90 Stat. 1249 (7 U.S.C. 193, 204, 213, 221)
Pecan Promotion and Research Act of 1990, section 1914 [7 U.S.C. 6009]
Perishable Agricultural Commodities Act, 1930, sections 1(b)(9), 3(c), 
4(d), 6(c), 8(a), 8(b), 8(c), 8(e), 9, and 13(a) (7 U.S.C. 499a(b)(9), 
499c(c), 499d(d), 499f(c), 499h(a), 499h(b), 499h(c), 499h(e), 499i, 
499m(a))
Plant Protection Act, section 424 (7 U.S.C. 7734).
Pork Promotion, Research, and Consumer Information Act of 1985, section 
1626 (7 U.S.C. 4815).
Potato Research and Promotion Act, as amended, 7 U.S.C. 2621, Pub. L. 
97-244, 96 Stat. 310.
Poultry Products Inspection Act, sections 6, 7, 8(d), and 18 (21 U.S.C. 
455, 456, 457(d), 467).
Sheep Promotion, Research, and Information Act of 1994 [7 U.S.C. 7107].
Soybean Promotion, Research, and Consumer Information Act, section 1972 
[7 U.S.C. 6307].
Swine Health Protection Act, sections 5 and 6 (7 U.S.C. 3804, 3805).
Title V of the Agricultural Risk Protection Act of 2000, section 501(a) 
(7 U.S.C. 2279e).
United States Cotton Standards Act, as supplemented, section 3 of the 
Act and section 2 of 47 Stat. 1621 (7 U.S.C. 51b, 53).
United States Grain Standards Act, sections 7(g)(3), 9, 10, and 17A(d) 
(7 U.S.C. 79(g)(3), 85, 86, 87f-1(d)).
United States Warehouse Act, sections 12 and 25 (7 U.S.C. 246, 253).
Virus-Serum-Toxin Act (21 U.S.C. 156).
Watermelon Research and Promotion Act, section 1651 (7 U.S.C. 4910).

    (b) These rules of practice shall also be applicable to:
    (1) Adjudicatory proceedings under the regulations promulgated under 
the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) for the 
denial or

[[Page 37]]

withdrawal of inspection, certification, or grading service; \1\
---------------------------------------------------------------------------

    \1\ See also the regulations promulgated under these statutes for 
any supplemental rules relating to particular circumstances arising 
thereunder.
---------------------------------------------------------------------------

    (2) Adjudicatory proceedings under the regulations promulgated under 
the Animal Health Protection Act (7 U.S.C. 8301 et seq.) for the 
suspension or revocation of accreditation of veterinarians (9 CFR parts 
160, 161);
    (3) Proceedings for debarment of counsel under Sec. 1.141(d) of 
this subpart;
    (4) Adjudicatory proceedings under the regulations promulgated under 
the Animal Welfare Act (7 U.S.C. 2131 et seq.) for the denial of an 
initial license application (9 CFR 2.11) or the termination of a license 
during the license renewal process or at any other time (9 CFR 2.12);
    (5) Adjudicatory proceedings under the regulations promulgated under 
sections 901-905 of the Federal Agriculture Improvement and Reform Act 
of 1996 (7 U.S.C. 1901 note) pertaining to the commercial transportation 
of equines to slaughtering facilities (9 CFR part 88); and
    (6) Other adjudicatory proceedings in which the complaint 
instituting the proceeding so provides with the concurrence of the 
Assistant Secretary for Administration.

[42 FR 743, Jan. 4, 1977]

    Editorial Note: For Federal Register citations affecting Sec. 1.131 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and at www.fdsys.gov.



Sec. 1.132  Definitions.

    As used in this subpart, the terms as defined in the statute under 
which the proceeding is conducted and in the regulations, standards, 
instructions, or orders issued thereunder, shall apply with equal force 
and effect. In addition and except as may be provided otherwise in this 
subpart:
    Administrator means the Administrator of the Agency administering 
the statute involved, or any officer or employee of the Agency to whom 
authority has heretofore been delegated, or to whom authority may 
hereafter be delegated, to act for the Administrator.
    Complainant means the party instituting the proceeding.
    Complaint means the formal complaint, order to show cause, or other 
document by virtue of which a proceeding is instituted.
    Decision means: (1) The Judge's initial decision made in accordance 
with the provisions of 5 U.S.C. 556 and 557, and includes the Judge's 
(i) findings and conclusions and the reasons or basis therefor on all 
material issues of fact, law or discretion, (ii) order, and (iii) 
rulings on proposed findings, conclusions and orders submitted by the 
parties; and
    (2) The decision and order by the Judicial Officer upon appeal of 
the Judge's decision.
    Hearing means that part of the proceeding which involves the 
submission of evidence before the Judge for the record in the 
proceeding.
    Hearing Clerk means the Hearing Clerk, United States Department of 
Agriculture, Washington, DC 20250.
    Judge means any Administrative Law Judge appointed pursuant to 5 
U.S.C. 3105 and assigned to the proceeding involved.
    Judicial Officer means an official of the United States Department 
of Agriculture delegated authority by the Secretary of Agriculture, 
pursuant to the Act of April 4, 1940 (7 U.S.C. 450c-450g) and 
Reorganization Plan No. 2 of 1953 (5 U.S.C. App. (1988)), to perform the 
function involved (Sec. 2.35(a) of this chapter), or the Secretary of 
Agriculture if the authority so delegated is exercised by the Secretary.
    Mail means to deposit an item in the United States Mail with postage 
affixed and addressed as necessary to cause it to be delivered to the 
address shown by ordinary mail, or by certified or registered mail if 
specified.
    Petitioner means an individual who has filed a petition for review 
of a determination that the individual is responsibly connected to a 
licensee within the meaning of 7 U.S.C. 499a(b)(9).
    Re-mail means to mail by ordinary mail to an address an item that 
has been returned after being sent to the same address by certified or 
registered mail.

[[Page 38]]

    Respondent means the party proceeded against.

[42 FR 743, Jan. 4, 1977, as amended at 55 FR 30673, July 27, 1990; 60 
FR 8455, Feb. 14, 1995; 61 FR 11503, Mar. 21, 1996; 68 FR 6340, Feb. 7, 
2003]



Sec. 1.133  Institution of proceedings.

    (a) Submission of information concerning apparent violations. (1) 
Any interested person desiring to submit information regarding an 
apparent violation of any provision of a statute listed in Sec. 1.131 
or of any regulation, standard, instruction, or order issued pursuant 
thereto, may file the information with the Administrator of the agency 
administering the statute involved in accordance with this section and 
any applicable statutory or regulation provisions. Such information may 
be made the basis of any appropriate proceeding covered by the rules in 
this subpart, or any other appropriate proceeding authorized by the 
particular statute or the regulations promulgated thereunder.
    (2) The information may be submitted by telegram, by letter, or by a 
preliminary statement of facts, setting forth the essential details of 
the transaction complained of. So far as practicable, the information 
shall include such of the following items as may be applicable:
    (i) The name and address of each person and of the agent, if any, 
representing such person in the transaction involved;
    (ii) Place where the alleged violation occurred;
    (iii) Quantity and quality or grade of each kind of product or 
article involved;
    (iv) Date of alleged violation;
    (v) Car initial and number, if carlot;
    (vi) Shipping and destination points;
    (vii) If a sale, the date, sale price, and amount actually received;
    (viii) If a consignment, the date, reported proceeds, gross, net;
    (ix) Amount of damage claimed, if any;
    (x) Statement of other material facts, including terms of contract; 
and
    (xi) So far as practicable, true copies of all available papers 
relating to the transaction complained about, including shipping 
documents, letters, telegrams, invoices, manifests, inspection 
certificates, accounts of sales and any special contracts or agreements.
    (3) Upon receipt of the information and supporting evidence, the 
Administrator shall cause such investigation to be made as, in the 
opinion of the Administrator, is justified by the facts. If such 
investigation discloses that no violation of the Act or of the 
regulations, standards, instructions, or orders issued pursuant thereto, 
has occurred, no further action shall be taken and the person submitting 
the information shall be so informed.
    (4) The person submitting the information shall not be a party to 
any proceeding which may be instituted as a result thereof and such 
person shall have no legal status in the proceeding, except as a 
subpoenaed witness or as a deponent in a deposition taken without 
expense to such person.
    (b) Filing of complaint or petition for review. (1) If there is 
reason to believe that a person has violated or is violating any 
provision of a statute listed in Sec. 1.131 or of any regulation, 
standard, instruction or order issued pursuant thereto, whether based 
upon information furnished under paragraph (a) of this section or other 
information, a complaint may be filed with the Hearing Clerk pursuant to 
these rules.
    (2) Any person determined by the Chief, PACA Branch, pursuant to 
Sec. Sec. 47.47-47.49 of this title to have been responsibly connected 
within the meaning of 7 U.S.C. 499a(b)(9) to a licensee who is subject 
or potentially subject to license suspension or revocation as the result 
of an alleged violation of 7 U.S.C. 499b or 499h(b) or as provided in 7 
U.S.C. 499g(d) shall be entitled to institute a proceeding under this 
section and to have determined the facts with respect to such 
responsibly connected status by filing with the Hearing Clerk a petition 
for review of such determination.
    (3) As provided in 5 U.S.C. 558, in any case, except one of 
willfulness or one in which public health, interest, or safety otherwise 
requires, prior to the institution of a formal proceeding which may 
result in the withdrawal, suspension, or revocation of a ``license'' as 
that term is defined in 5 U.S.C. 551(8), the Administrator, in an effort 
to effect an

[[Page 39]]

amicable or informal settlement of the matter, shall give written notice 
to the person involved of the facts or conduct concerned and shall 
afford such person an opportunity, within a reasonable time fixed by the 
Administrator, to demonstrate or achieve compliance with the applicable 
requirements of the statute, or the regulation, standard, instruction or 
order promulgated thereunder.

[42 FR 743, Jan. 4, 1977, as amended at 60 FR 8455, Feb. 14, 1995; 61 FR 
11503, Mar. 21, 1996; 68 FR 6340, Feb. 7, 2003]



Sec. 1.134  Docket number.

    Each proceeding, immediately following its institution, shall be 
assigned a docket number by the Hearing Clerk, and thereafter the 
proceeding shall be referred to by such number.



Sec. 1.135  Contents of complaint or petition for review.

    (a) Complaint. A complaint filed pursuant to Sec. 1.133(b) shall 
state briefly and clearly the nature of the proceeding, the 
identification of the complainant and the respondent, the legal 
authority and jurisdiction under which the proceeding is instituted, the 
allegations of fact and provisions of law which constitute a basis for 
the proceeding, and the nature of the relief sought.
    (b) Petition for review. The Petition for Review of responsibly 
connected status shall describe briefly and clearly the determination 
sought to be reviewed and shall include a brief statement of the factual 
and legal matters that the petitioner believes warrant the reversal of 
the determination.

[42 FR 743, Jan. 4, 1977, as amended at 61 FR 11503, Mar. 21, 1996]



Sec. 1.136  Answer.

    (a) Filing and service. Within 20 days after the service of the 
complaint (within 10 days in a proceeding under section 4(d) of the 
Perishable Agricultural Commodities Act, 1930), or such other time as 
may be specified therein, the respondent shall file with the Hearing 
Clerk an answer signed by the respondent or the attorney of record in 
the proceeding. The attorney may file an appearance of record prior to 
or simultaneously with the filing of the answer. The answer shall be 
served upon the complainant, and any other party of record, by the 
Hearing Clerk. As response to a petition for review of responsibly 
connected status, the Chief, PACA Branch, shall within ten days after 
being served by the Hearing Clerk with a petition for review, file with 
the Hearing Clerk a certified copy of the agency record upon which the 
Chief, PACA Branch, made the determination that the individual was 
responsibly connected to a licensee under the Perishable Agricultural 
Commodities Act, 7 U.S.C. 499a et seq., and such agency record shall 
become part of the record in the review proceeding.
    (b) Contents. The answer shall:
    (1) Clearly admit, deny, or explain each of the allegations of the 
Complaint and shall clearly set forth any defense asserted by the 
respondent; or
    (2) State that the respondent admits all the facts alleged in the 
complaint; or
    (3) State that the respondent admits the jurisdictional allegations 
of the complaint and neither admits nor denies the remaining allegations 
and consents to the issuance of an order without further procedure.
    (c) Default. Failure to file an answer within the time provided 
under paragraph (a) of this section shall be deemed, for purposes of the 
proceeding, an admission of the allegations in the Complaint, and 
failure to deny or otherwise respond to an allegation of the Complaint 
shall be deemed, for purposes of the proceeding, an admission of said 
allegation, unless the parties have agreed to a consent decision 
pursuant to Sec. 1.138.

[42 FR 743, Jan. 4, 1977, as amended at 61 FR 11504, Mar. 21, 1996; 68 
FR 6340, Feb. 7, 2003]



Sec. 1.137  Amendment of complaint, petition for review, or answer;
joinder of related matters.

    (a) Amendment. At any time prior to the filing of a motion for a 
hearing, the complaint, petition for review, answer, or response to 
petition for review may be amended. Thereafter, such an amendment may be 
made with consent of the parties, or as authorized by the Judge upon a 
showing of good cause.

[[Page 40]]

    (b) Joinder. The Judge shall consolidate for hearing with any 
proceeding alleging a violation of the Perishable Agricultural 
Commodities Act, 7 U.S.C. 499a et seq., any petitions for review of 
determination of status by the Chief, PACA Branch, that individuals are 
responsibly connected, within the meaning of 7 U.S.C. 499a(b)(9), to the 
licensee during the period of the alleged violations. In any case in 
which there is no pending proceeding alleging a violation of the 
Perishable Agricultural Commodities Act, 7 U.S.C. 499a et seq., but 
there have been filed more than one petition for review of determination 
of responsible connection to the same licensee, such petitions for 
review shall be consolidated for hearing.

[61 FR 11504, Mar. 21, 1996, as amended at 68 FR 6340, Feb. 7, 2003]



Sec. 1.138  Consent decision.

    At any time before the Judge files the decision, the parties may 
agree to the entry of a consent decision. Such agreement shall be filed 
with the Hearing Clerk in the form of a decision signed by the parties 
with appropriate space for signature by the Judge, and shall contain an 
admission of at least the jurisdictional facts, consent to the issuance 
of the agreed decision without further procedure and such other 
admissions or statements as may be agreed between the parties. The Judge 
shall enter such decision without further procedure, unless an error is 
apparent on the face of the document. Such decision shall have the same 
force and effect as a decision issued after full hearing, and shall 
become final upon issuance to become effective in accordance with the 
terms of the decision.



Sec. 1.139  Procedure upon failure to file an answer or admission of facts.

    The failure to file an answer, or the admission by the answer of all 
the material allegations of fact contained in the complaint, shall 
constitute a waiver of hearing. Upon such admission or failure to file, 
complainant shall file a proposed decision, along with a motion for the 
adoption thereof, both of which shall be served upon the respondent by 
the Hearing Clerk. Within 20 days after service of such motion and 
proposed decision, the respondent may file with the Hearing Clerk 
objections thereto. If the Judge finds that meritorious objections have 
been filed, complainant's Motion shall be denied with supporting 
reasons. If meritorious objections are not filed, the Judge shall issue 
a decision without further procedure or hearing. Copies of the decision 
or denial of complainant's Motion shall be served by the Hearing Clerk 
upon each of the parties and may be appealed pursuant to Sec. 1.145. 
Where the decision as proposed by complainant is entered, such decision 
shall become final and effective without further proceedings 35 days 
after the date of service thereof upon the respondent, unless there is 
an appeal to the Judicial Officer by a party to the proceeding pursuant 
to Sec. 1.145: Provided, however, That no decision shall be final for 
purposes of judicial review except a final decision of the Judicial 
Officer upon appeal.



Sec. 1.140  Conferences and procedure.

    (a) Purpose and scope. (1) Upon motion of a party or upon the 
Judge's own motion, the Judge may direct the parties or their counsel to 
attend a conference at any reasonable time, prior to or during the 
course of the hearing, when the Judge finds that the proceeding would be 
expedited by a conference. Reasonable notice of the time, place, and 
manner of the conference shall be given. The Judge may order each of the 
parties to furnish at or subsequent to the conference any or all of the 
following:
    (i) An outline of the case or defense;
    (ii) The legal theories upon which the party will rely;
    (iii) Copies of or a list of documents which the party anticipates 
introducing at the hearing; and
    (iv) A list of anticipated witnesses who will testify on behalf of 
the party. At the discretion of the party furnishing such list of 
witnesses, the names of the witnesses need not be furnished if they are 
otherwise identified in some meaningful way such as a short statement of 
the type of evidence they will offer.
    (2) The Judge shall not order any of the foregoing procedures that a 
party

[[Page 41]]

can show is inappropriate or unwarranted under the circumstances of the 
particular case.
    (3) At the conference, the following matters shall be considered:
    (i) The simplification of issues;
    (ii) The necessity of amendments to pleadings;
    (iii) The possibility of obtaining stipulations of facts and of the 
authenticity, accuracy, and admissibility of documents, which will avoid 
unnecessary proof;
    (iv) The limitation of the number of expert or other witnesses;
    (v) Negotiation, compromise, or settlement of issues;
    (vi) The exchange of copies of proposed exhibits;
    (vii) The identification of documents or matters of which official 
notice may be requested;
    (viii) A schedule to be followed by the parties for completion of 
the actions decided at the conference; and
    (ix) Such other matters as may expedite and aid in the disposition 
of the proceeding.
    (b) Reporting. A conference will not be stenographically reported 
unless so directed by the Judge.
    (c) Manner of Conference. (1) The conference shall be conducted by 
telephone or correspondence unless the Judge determines that conducting 
the conference by audio-visual telecommunication:
    (i) Is necessary to prevent prejudice to a party;
    (ii) Is necessary because of a disability of any individual expected 
to participate in the conference; or
    (iii) Would cost less than conducting the conference by telephone or 
correspondence. If the Judge determines that a conference conducted by 
audio-visual telecommunication would measurably increase the United 
States Department of Agriculture's cost of conducting the conference, 
the conference shall be conducted by personal attendance of any 
individual who is expected to participate in the conference, by 
telephone, or by correspondence.
    (2) If the conference is not conducted by telephone or 
correspondence, the conference shall be conducted by audio-visual 
telecommunication unless the Judge determines that conducting the 
conference by personal attendance of any individual who is expected to 
participate in the conference:
    (i) Is necessary to prevent prejudice to a party;
    (ii) Is necessary because of a disability of any individual expected 
to participate in the conference; or
    (iii) Would cost less than conducting the conference by audio-visual 
telecommunication.
    (d) Order. Actions taken as a result of a conference shall be 
reduced to a written appropriate order, unless the Judge concludes that 
a stenographic report shall suffice, or, if the conference takes place 
within 7 days of the beginning of the hearing, the Judge elects to make 
a statement on the record at the hearing summarizing the actions taken.
    (e) Related matters. Upon motion of a respondent, the Judge may 
order the attorney for the complainant to produce and permit the 
respondent to inspect and copy or photograph any relevant written or 
recorded statements or confessions made by such respondent within the 
possession, custody or control of the complainant.

[42 FR 743, Jan. 4, 1977, as amended at 60 FR 8455, Feb. 14, 1995]



Sec. 1.141  Procedure for hearing.

    (a) Request for hearing. Any party may request a hearing on the 
facts by including such request in the complaint or answer, or by a 
separate request, in writing, filed with the Hearing Clerk within the 
time in which an answer may be filed. A petition for review shall be 
deemed a request for a hearing. Failure to request a hearing within the 
time allowed for the filing of the answer shall constitute a waiver of 
such hearing. Waiver of hearing shall not be deemed to be a waiver of 
the right to request oral argument before the Judicial Officer upon 
appeal of the Judge's decision. In the event the respondent denies any 
material fact and fails to file a timely request for a hearing, the 
matter may be set down for hearing on motion of the complainant or upon 
the Judge's own motion.
    (b) Time, place, and manner. (1) If any material issue of fact is 
joined by the pleadings, the Judge, upon motion of any party stating 
that the matter is at issue and is ready for hearing, shall set

[[Page 42]]

a time, place, and manner for hearing as soon as feasible after the 
motion is filed, with due regard for the public interest and the 
convenience and necessity of the parties. The Judge shall file with the 
Hearing Clerk a notice stating the time and place of the hearing. \2\ 
This notice shall state whether the hearing will be conducted by 
telephone, audio-visual telecommunication, or personal attendance of any 
individual expected to participate in the hearing. The Judge's 
determination regarding the manner of the hearing shall be made in 
accordance with paragraphs (b)(3) and (b)(4) of this section. If any 
change in the time, place, or manner of the hearing is made, the Judge 
shall file with the Hearing Clerk a notice of such change, which notice 
shall be served upon the parties, unless it is made during the course of 
an oral hearing and made part of the transcript or recording, or actual 
notice is given to the parties.
---------------------------------------------------------------------------

    \2\ The place of hearing in a proceeding under the Packers and 
Stockyards Act shall be set in accordance with the Packers and 
Stockyards Act (7 U.S.C. 228(e) and (f)). In essence, if there is only 
one respondent, the hearing is to be held as near as possible to the 
respondent's place of business or residence depending on the 
availability of an appropriate location for conducting the hearing. If 
there is more than one respondent and they have their places of business 
or residence within a single unit of local government, a single 
geographical area within a State, or a single State, the hearing is to 
be held as near as possible to their places of business or residence 
depending on the availability of an appropriate location for conducting 
the hearing. If there is more than one respondent, and they have their 
places of business or residence distant from each other, 7 U.S.C. 228(e) 
and (f) have no applicability.
---------------------------------------------------------------------------

    (2)(i) If any material issue of fact is joined by the pleadings and 
the matter is at issue and is ready for hearing, any party may move that 
the hearing be conducted by telephone or personal attendance of any 
individual expected to attend the hearing rather than by audio-visual 
telecommunication. Any motion that the hearing be conducted by telephone 
or personal attendance of any individual expected to attend the hearing 
must be accompanied by a memorandum in support of the motion stating the 
basis for the motion and the circumstances that require the hearing to 
be conducted other than by audio-visual telecommunication.
    (ii) Within 10 days after the Judge issues a notice stating the 
manner in which the hearing is to be conducted, any party may move that 
the Judge reconsider the manner in which the hearing is to be conducted. 
Any motion for reconsideration must be accompanied by a memorandum in 
support of the motion stating the basis for the motion and the 
circumstances that require the hearing to be conducted other than in 
accordance with the Judges's notice.
    (3) The hearing shall be conducted by audio-visual telecommunication 
unless the Judge determines that conducting the hearing by personal 
attendance of any individual who is expected to participate in the 
hearing:
    (i) Is necessary to prevent prejudice to a party;
    (ii) Is necessary because of a disability of any individual expected 
to participate in the hearing; or
    (iii) Would cost less than conducting the hearing by audio-visual 
telecommunication. If the Judge determines that a hearing conducted by 
audio-visual telecommunication would measurably increase the United 
States Department of Agriculture's cost of conducting the hearing, the 
hearing shall be conducted by personal attendance of any individual who 
is expected to participate in the hearing or by telephone.
    (4) The Judge may, in his or her sole discretion or in response to a 
motion by a party to the proceeding, conduct the hearing by telephone if 
the Judge finds that a hearing conducted by telephone:
    (i) Would provide a full and fair evidentiary hearing;
    (ii) Would not prejudice any party; and
    (iii) Would cost less than conducting the hearing by audio-visual 
telecommunication or personal attendance of any individual who is 
expected to participate in the hearing.
    (c) Appearances. The parties may appear in person or by attorney of 
record in the proceeding. Any person who appears as attorney must 
conform to the standards of ethical conduct required

[[Page 43]]

of practitioners before the courts of the United States.
    (d) Debarment of attorney. (1) Whenever a Judge finds that a person 
acting as attorney for any party to the proceeding is guilty of 
unethical or contumacious conduct, in or in connection with a proceeding 
, the Judge may order that such person be precluded from further acting 
as attorney in the proceeding. An appeal to the Judicial Officer may be 
taken from any such order, but no proceeding shall be delayed or 
suspended pending disposition of the appeal: Provided, That the Judge 
shall suspend the proceeding for a reasonable time for the purpose of 
enabling the party to obtain another attorney.
    (2) Whenever it is found, after notice and opportunity for hearing, 
that a person, who is acting or has acted as attorney for another person 
in any proceeding before the United States Department of Agriculture, is 
unfit to act as such counsel because of such unethical or contumacious 
conduct, such person will be precluded from acting as counsel in any or 
all proceedings before the Department as found to be appropriate.
    (e) Failure to appear. (1) A respondent who, after being duly 
notified, fails to appear at the hearing without good cause, shall be 
deemed to have waived the right to an oral hearing in the proceeding and 
to have admitted any facts which may be presented at the hearing. Such 
failure by the respondent shall also constitute an admission of all the 
material allegations of fact contained in the complaint. Complainant 
shall have an election whether to follow the procedure set forth in 
Sec. 1.139 or whether to present evidence, in whole or in part, in the 
form of affidavits or by oral testimony before the Judge. Failure to 
appear at a hearing shall not be deemed to be a waiver of the right to 
be served with a copy of the Judge's decision and to appeal and request 
oral argument before the Judicial Officer with respect thereto in the 
manner provided in Sec. 1.145.
    (2) If the petitioner in the case of a Petition for Review of a 
determination of responsibly connected status within the meaning of 7 
U.S.C. 499a(b)(9), having been duly notified, fails to appear at the 
hearing without good cause, such petitioner shall be deemed to have 
waived the right to a hearing and to have voluntarily withdrawn the 
petition for review.
    (f) Order of proceeding. Except as may be determined otherwise by 
the Judge, the complainant shall proceed first at the hearing.
    (g) Written statements of direct testimony. (1) Except as provided 
in paragraph (g)(2) of this section, each party must exchange with all 
other parties a written narrative verified statement of the oral direct 
testimony that the party will provide at any hearing to be conducted by 
telephone; the direct testimony of each employee or agent of the party 
that the party will call to provide oral direct testimony at any hearing 
to be conducted by telephone; and the direct testimony of each expert 
witness that the party will call to provide oral direct testimony at any 
hearing to be conducted by telephone. The written direct testimony of 
witnesses shall be exchanged by the parties at least 10 days prior to 
the hearing. The oral direct testimony provided by a witness at a 
hearing conducted by telephone will be limited to the presentation of 
the written direct testimony, unless the Judge finds that oral direct 
testimony which is supplemental to the written direct testimony would 
further the public interest and would not constitute surprise.
    (2) The parties shall not be required to exchange testimony in 
accordance with this paragraph if the hearing is scheduled to begin less 
than 20 days after the Judge's notice stating the time of the hearing.
    (h) Evidence--(1) In general. (i) The testimony of witnesses at a 
hearing shall be on oath or affirmation and subject to cross-
examination.
    (ii) Upon a finding of good cause, the Judge may order that any 
witness be examined separately and apart from all other witnesses except 
those who may be parties to the proceeding.
    (iii) After a witness called by the complainant has testified on 
direct examination, any other party may request and obtain the 
production of any statement, or part thereof, of such witness in the 
possession of the complainant which relates to the subject matter

[[Page 44]]

as to which the witness has testified. Such production shall be made 
according to the procedures and subject to the definitions and 
limitations prescribed in the Jencks Act (18 U.S.C. 3500).
    (iv) Evidence which is immaterial, irrelevant, or unduly 
repetitious, or which is not of the sort upon which responsible persons 
are accustomed to rely, shall be excluded insofar as practicable.
    (2) Objections. (i) If a party objects to the admission of any 
evidence or to the limitation of the scope of any examination or cross-
examination or to any other ruling of the Judge, the party shall state 
briefly the grounds of such objection, whereupon an automatic exception 
will follow if the objection is overruled by the Judge.
    (ii) Only objections made before the Judge may subsequently be 
relied upon in the proceeding.
    (3) Depositions. The deposition of any witness shall be admitted in 
the manner provided in and subject to the provisions of Sec. 1.148.
    (4) Exhibits. Unless the Judge finds that the furnishing of copies 
is impracticable, four copies of each exhibit shall be filed with the 
Judge: Provided, That, where there are more than two parties in the 
proceeding, an additional copy shall be filed for each additional party. 
A true copy of an exhibit may be substituted for the original.
    (5) Official records or documents. An official government record or 
document or entry therein, if admissible for any purpose, shall be 
admissible in evidence without the production of the person who made or 
prepared the same, and shall be prima facie evidence of the relevant 
facts stated therein. Such record or document shall be evidenced by an 
official publication thereof or by a copy certified by a person having 
legal authority to make such certification.
    (6) Official notice. Official notice shall be taken of such matters 
as are judicially noticed by the courts of the United States and of any 
other matter of technical, scientific, or commercial fact of established 
character: Provided, That the parties shall be given adequate notice of 
matters so noticed, and shall be given adequate opportunity to show that 
such facts are erroneously noticed.
    (7) Offer of proof. Whenever evidence is excluded by the Judge, the 
party offering such evidence may make an offer of proof, which shall be 
included in the transcript or recording. The offer of proof shall 
consist of a brief statement describing the evidence excluded. If the 
evidence consists of a brief oral statement, it shall be included in the 
transcript or recording in toto. If the evidence consists of an exhibit, 
it shall be marked for identification and inserted in the hearing 
record. In either event, the evidence shall be considered a part of the 
transcript or recording and hearing record if the Judicial Officer, upon 
appeal, decides the Judge's ruling excluding the evidence was erroneous 
and prejudicial. If the Judicial Officer decides the Judge's ruling 
excluding the evidence was erroneous and prejudicial and that it would 
be inappropriate to have such evidence considered a part of the hearing 
record, the Judicial Officer may direct that the hearing be reopened to 
permit the taking of such evidence or for any other purpose in 
connection with the excluded evidence.
    (i) Transcript or recording. (1) Hearings to be conducted by 
telephone shall be recorded verbatim by electronic recording device. 
Hearings conducted by audio-visual telecommunication or the personal 
attendance of any individual who is expected to participate in the 
hearing shall be transcribed, unless the Judge finds that recording the 
hearing verbatim would expedite the proceeding and the Judge orders the 
hearing to be recorded verbatim. The Judge shall certify that to the 
best of his or her knowledge and belief any recording made pursuant to 
this paragraph with exhibits that were accepted into evidence is the 
record of the hearing.
    (2) If a hearing is recorded verbatim, a party requests the 
transcript of a hearing or part of a hearing, and the Judge determines 
that the disposition of the proceeding would be expedited by a 
transcript of the hearing or part of a hearing, the Judge shall order 
the verbatim transcription of the recording as requested by the party.

[[Page 45]]

    (3) Recordings or transcripts of hearings shall be made available to 
any person at actual cost of duplication.

[42 FR 743, Jan. 4, 1977, as amended at 60 FR 8455, Feb. 14, 1995; 61 FR 
11504, Mar. 21, 1996; 68 FR 6340, Feb. 7, 2003]



Sec. 1.142  Post-hearing procedure.

    (a) Corrections to transcript or recording. (1) Within the period of 
time fixed by the Judge, any party may file a motion proposing 
corrections to the transcript or recording.
    (2) Unless a party files such a motion in the manner prescribed, the 
transcript or recording shall be presumed, except for obvious 
typographical errors, to be a true, correct, and complete transcript or 
recording of the testimony given at the hearing and to contain an 
accurate description or reference to all exhibits received in evidence 
and made part of the hearing record, and shall be deemed to be certified 
without further action by the Judge.
    (3) As soon as practicable after the close of the hearing and after 
consideration of any timely objections filed as to the transcript or 
recording, the Judge shall issue an order making any corrections to the 
transcript or recording which the Judge finds are warranted, which 
corrections shall be entered onto the original transcript or recording 
by the Hearing Clerk (without obscuring the original text).
    (b) Proposed findings of fact, conclusions, orders, and briefs. 
Prior to the Judge's decision, each party shall be afforded a reasonable 
opportunity to submit for consideration proposed findings of fact, 
conclusions, order, and brief in support thereof. A copy of each such 
document filed by a party shall be served upon each of the other 
parties.
    (c) Judge's decision. (1) The Judge may, upon motion of any party or 
in his or her own discretion, issue a decision orally at the close of 
the hearing, or within a reasonable time after the closing of the 
hearing.
    (2) If the decision is announced orally, a copy thereof, excerpted 
from the transcript or recording, shall be furnished to the parties by 
the Hearing Clerk. Irrespective of the date such copy is mailed, the 
issuance date of the decision shall be the date the oral decision was 
announced.
    (3) If the decision is in writing, it shall be filed with the 
Hearing Clerk and served upon the parties as provided in Sec. 1.147.
    (4) The Judge's decision shall become final and effective without 
further proceedings 35 days after the issuance of the decision, if 
announced orally at the hearing, or if the decision is in writing, 35 
days after the date of service thereof upon the respondent, unless there 
is an appeal to the Judicial Officer by a party to the proceeding 
pursuant to Sec. 1.145; Provided, however, that no decision shall be 
final for purposes of judicial review except a final decision of the 
Judicial Officer upon appeal.

[42 FR 743, Jan. 4, 1977, as amended at 53 FR 7177, Mar. 7, 1988; 60 FR 
8456, Feb. 14, 1995; 68 FR 6340, Feb. 7, 2003]



Sec. 1.143  Motions and requests.

    (a) General. All motions and requests shall be filed with the 
Hearing Clerk, and served upon all the parties, except (1) requests for 
extensions of time pursuant to Sec. 1.147, (2) requests for subpoenas 
pursuant to Sec. 1.149, and (3) motions and requests made on the record 
during the oral hearing. The Judge shall rule upon all motions and 
requests filed or made prior to the filing of an appeal of the Judge's 
decision pursuant to Sec. 1.145, except motions directly relating to 
the appeal. Thereafter, the Judicial Officer will rule on any motions 
and requests, as well as the motions directly relating to the appeal.
    (b) Motions entertained. (1) Any motion will be entertained other 
than a motion to dismiss on the pleading.
    (2) All motions and request concerning the complaint must be made 
within the time allowed for filing an answer.
    (c) Contents. All written motions and requests shall state the 
particular order, ruling, or action desired and the grounds therefor.
    (d) Response to motions and requests. Within 20 days after service 
of any written motion or request, or within such shorter or longer 
period as may be fixed by the Judge or the Judicial Officer, an opposing 
party may file a response to the motion or request. The

[[Page 46]]

other party shall have no right to reply to the response; however, the 
Judge or the Judicial Officer, in the Judge's or the Judicial Officer's 
discretion, may order that a reply be filed.
    (e) Certification to the judicial officer. The submission or 
certification of any motion, request, objection, or other question to 
the Judicial Officer prior to the filing of an appeal pursuant to Sec. 
1.145 shall be made by and in the discretion of the Judge. The Judge may 
either rule upon or certify the motion, request, objection, or other 
question to the Judicial Officer, but not both.

[42 FR 743, Jan. 4, 1977, as amended at 55 FR 30673, July 27, 1990; 68 
FR 6340, Feb. 7, 2003]



Sec. 1.144  Judges.

    (a) Assignment. No Judge shall be assigned to serve in any 
proceeding who (1) has any pecuniary interest in any matter or business 
involved in the proceeding, (2) is related within the third degree by 
blood or marriage to any party to the proceeding, or (3) has any 
conflict of interest which might impair the Judge's objectivity in the 
proceeding.
    (b) Disqualification of Judge. (1) Any party to the proceeding may, 
by motion made to the Judge, request that the Judge withdraw from the 
proceeding because of an alleged disqualifying reason. Such motion shall 
set forth with particularity the grounds of alleged disqualification. 
The Judge may then either rule upon or certify the motion to the 
Secretary, but not both.
    (2) A Judge shall withdraw from any proceeding for any reason deemed 
by the Judge to be disqualifying.
    (c) Powers. Subject to review as provided in this subpart, the 
Judge, in any assigned proceeding, shall have power to:
    (1) Rule upon motions and requests;
    (2) Set the time, place, and manner of a conference and the hearing, 
adjourn the hearing, and change the time, place, and manner of the 
hearing;
    (3) Administer oaths and affirmations;
    (4) Issue subpoenas as authorized by the statute under which the 
proceeding is conducted, requiring the attendance and testimony of 
witnesses and the production of books, contracts, papers, and other 
documentary evidence at the hearing;
    (5) Summon and examine witnesses and receive evidence at the 
hearing;
    (6) Take or order the taking of depositions as authorized under 
these rules;
    (7) Admit or exclude evidence;
    (8) Hear oral argument on facts or law;
    (9) Require each party to provide all other parties and the Judge 
with a copy of any exhibit that the party intends to introduce into 
evidence prior to any hearing to be conducted by telephone or audio-
visual telecommunication;
    (10) Require each party to provide all other parties with a copy of 
any document that the party intends to use to examine a deponent prior 
to any deposition to be conducted by telephone or audio-visual 
telecommunication;
    (11) Require that any hearing to be conducted by telephone or audio-
visual telecommunication be conducted at locations at which the parties 
and the Judge are able to transmit and receive documents during the 
hearing;
    (12) Require that any deposition to be conducted by telephone or 
audio-visual telecommunication be conducted at locations at which the 
parties are able to transmit and receive documents during the 
deposition;
    (13) Do all acts and take all measures necessary for the maintenance 
of order, including the exclusion of contumacious counsel or other 
persons; and
    (14) Take all other actions authorized under these rules.
    (d) Who may act in the absence of the Judge. In case of the absence 
of the Judge or the Judge's inability to act, the powers and duties to 
be performed by the Judge under these rules of practice in connection 
with any assigned proceeding may, without abatement of the proceeding 
unless otherwise directed by the Chief Judge, be assigned to any other 
Judge.

[42 FR 743, Jan. 4, 1977, as amended at 60 FR 8456, Feb. 14, 1995; 68 FR 
6340, Feb. 7, 2003]



Sec. 1.145  Appeal to Judicial Officer.

    (a) Filing of petition. Within 30 days after receiving service of 
the Judge's decision, if the decision is a written decision, or within 
30 days after issuance of the Judge's decision, if the decision

[[Page 47]]

is an oral decision, a party who disagrees with the decision, any part 
of the decision, or any ruling by the Judge or who alleges any 
deprivation of rights, may appeal the decision to the Judicial Officer 
by filing an appeal petition with the Hearing Clerk. As provided in 
Sec. 1.141(h)(2), objections regarding evidence or a limitation 
regarding examination or cross-examination or other ruling made before 
the Judge may be relied upon in an appeal. Each issue set forth in the 
appeal petition and the arguments regarding each issue shall be 
separately numbered; shall be plainly and concisely stated; and shall 
contain detailed citations to the record, statutes, regulations, or 
authorities being relied upon in support of each argument. A brief may 
be filed in support of the appeal simultaneously with the appeal 
petition.
    (b) Response to appeal petition. Within 20 days after the service of 
a copy of an appeal petition and any brief in support thereof, filed by 
a party to the proceeding, any other party may file with the Hearing 
Clerk a response in support of or in opposition to the appeal and in 
such response any relevant issue, not presented in the appeal petition, 
may be raised.
    (c) Transmittal of record. Whenever an appeal of a Judge's decision 
is filed and a response thereto has been filed or time for filing a 
response has expired, the Hearing Clerk shall transmit to the Judicial 
Officer the record of the proceeding. Such record shall include: the 
pleadings; motions and requests filed and rulings thereon; the 
transcript or recording of the testimony taken at the hearing, together 
with the exhibits filed in connection therewith; any documents or papers 
filed in connection with a prehearing conference; such proposed findings 
of fact, conclusions, and orders, and briefs in support thereof, as may 
have been filed in connection with the proceeding; the Judge's decision; 
such exceptions, statements of objections and briefs in support thereof 
as may have been filed in the proceeding; and the appeal petition, and 
such briefs in support thereof and responses thereto as may have been 
filed in the proceeding.
    (d) Oral argument. A party bringing an appeal may request, within 
the prescribed time for filing such appeal, an opportunity for oral 
argument before the Judicial Officer. Within the time allowed for filing 
a response, appellee may file a request in writing for opportunity for 
such an oral argument. Failure to make such request in writing, within 
the prescribed time period, shall be deemed a waiver of oral argument. 
The Judicial Officer may grant, refuse, or limit any request for oral 
argument. Oral argument shall not be transcribed unless so ordered in 
advance by the Judicial Officer for good cause shown upon request of a 
party or upon the Judicial Officer's own motion.
    (e) Scope of argument. Argument to be heard on appeal, whether oral 
or on brief, shall be limited to the issues raised in the appeal or in 
the response to the appeal, except that if the Judicial Officer 
determines that additional issues should be argued, the parties shall be 
given reasonable notice of such determination, so as to permit 
preparation of adequate arguments on all issues to be argued.
    (f) Notice of argument; postponement. The Hearing Clerk shall advise 
all parties of the time and place at which oral argument will be heard. 
A request for postponement of the argument must be made by motion filed 
a reasonable amount of time in advance of the date fixed for argument.
    (g) Order of argument. The appellant is entitled to open and 
conclude the argument.
    (h) Submission on briefs. By agreement of the parties, an appeal may 
be submitted for decision on the briefs, but the Judicial Officer may 
direct that the appeal be argued orally.
    (i) Decision of the judicial officer on appeal. As soon as 
practicable after the receipt of the record from the Hearing Clerk, or, 
in case oral argument was had, as soon as practicable thereafter, the 
Judicial Officer, upon the basis of and after due consideration of the 
record and any matter of which official notice is taken, shall rule on 
the appeal. If the Judicial Officer decides that no change or 
modification of the Judge's decision is warranted, the Judicial Officer 
may adopt the Judge's decision as the final order in the proceeding, 
preserving any right of the

[[Page 48]]

party bringing the appeal to seek judicial review of such decision in 
the proper forum. A final order issued by the Judicial Officer shall be 
filed with the Hearing Clerk. Such order may be regarded by the 
respondent as final for purposes of judicial review without filing a 
petition for rehearing, reargument, or reconsideration of the decision 
of the Judicial Officer.

[42 FR 743, Jan. 4, 1977, as amended at 60 FR 8456, Feb. 14, 1995; 68 FR 
6341, Feb. 7, 2003]



Sec. 1.146  Petitions for reopening hearing; for rehearing or reargument
of proceeding; or for reconsideration of the decision of the

Judicial Officer.

    (a) Petition requisite--(1) Filing; service; ruling. A petition for 
reopening the hearing to take further evidence, or for rehearing or 
reargument of the proceeding, or for reconsideration of the decision of 
the Judicial Officer, must be made by petition filed with the Hearing 
Clerk. Every such petition must state specifically the grounds relied 
upon. Any such petition filed prior to the filing of an appeal of the 
Judge's decision pursuant to Sec. 1.145 shall be ruled upon by the 
Judge, and any such petition filed thereafter shall be ruled upon by the 
Judicial Officer.
    (2) Petition to reopen hearing. A petition to reopen a hearing to 
take further evidence may be filed at any time prior to the issuance of 
the decision of the Judicial Officer. Every such petition shall state 
briefly the nature and purpose of the evidence to be adduced, shall show 
that such evidence is not merely cumulative, and shall set forth a good 
reason why such evidence was not adduced at the hearing.
    (3) Petition to rehear or reargue proceeding, or to reconsider the 
decision of the Judicial Officer. A petition to rehear or reargue the 
proceeding or to reconsider the decision of the Judicial Officer shall 
be filed within 10 days after the date of service of such decision upon 
the party filing the petition. Every petition must state specifically 
the matters claimed to have been erroneously decided and alleged errors 
must be briefly stated.
    (b) Procedure for disposition of petitions. Within 20 days following 
the service of any petition provided for in this section, any party to 
the proceeding may file with the Hearing Clerk a reply thereto. As soon 
as practicable thereafter, the Judge or the Judicial Officer, as the 
case may be, shall announce the determination whether to grant or deny 
the petition. The decision of the Judicial Officer shall automatically 
be stayed pending the determination to grant or deny a timely petition. 
Such decision shall not be final for purposes of judicial review until 
the petition is denied or the decision is affirmed or modified pursuant 
to the petition and the time for judicial review shall begin to run upon 
the filing of such final action on the petition. In the event that any 
such petition is granted, the applicable rules of practice, as set out 
elsewhere herein, shall be followed. A person filing a petition under 
this section shall be regarded as the moving party, although such person 
shall be referred to as the complainant or respondent, depending upon 
the designation in the original proceeding.



Sec. 1.147  Filing; service; extensions of time; and computation of time.

    (a) Filing; number of copies. Except as otherwise provided in this 
section, all documents or papers required or authorized by the rules in 
this part to be filed with the Hearing Clerk shall be filed in 
quadruplicate: Provided, That where there are more than two parties in 
the proceeding, an additional copy shall be filed for each additional 
party. Any document or paper required or authorized under the rules in 
this part to be filed with the Hearing Clerk shall, during the course of 
an oral hearing, be filed with the Judge.
    (b) Who shall make service. Copies of all such documents or papers 
required or authorized by the rules in this part to be filed with the 
Hearing Clerk shall be served upon the parties by the Hearing Clerk, or 
by some other employee of the Department, or by a U.S. Marshal or deputy 
marshal.
    (c) Service on party other than the Secretary. (1) Any complaint or 
other document initially served on a person to make that person a party 
respondent in a proceeding, proposed decision and motion for adoption 
thereof upon failure to file an answer or other admission of all 
material allegations of fact

[[Page 49]]

contained in a complaint, initial decision, final decision, appeal 
petition filed by the Department, or other document specifically ordered 
by the Judge to be served by certified or registered mail, shall be 
deemed to be received by any party to a proceeding, other than the 
Secretary or agent thereof, on the date of delivery by certified or 
registered mail to the last known principal place of business of such 
party, last known principal place of business of the attorney or 
representative of record of such party, or last known residence of such 
party if an individual, Provided that, if any such document or paper is 
sent by certified or registered mail but is returned marked by the 
postal service as unclaimed or refused, it shall be deemed to be 
received by such party on the date of remailing by ordinary mail to the 
same address.
    (2) Any document or paper, other than one specified in paragraph 
(c)(1) of this section or written questions for a deposition as provided 
in Sec. 1.148(d)(2), shall be deemed to be received by any party to a 
proceeding, other than the Secretary or agent thereof, on the date of 
mailing by ordinary mail to the last known principal place of business 
of such party, last known principal place of business of the attorney or 
representative of record of such party, or last known residence of such 
party if an individual.
    (3) Any document or paper served other than by mail, on any party to 
a proceeding, other than the Secretary or agent thereof, shall be deemed 
to be received by such party on the date of:
    (i) Delivery to any responsible individual at, or leaving in a 
conspicuous place at, the last known principal place of business of such 
party, last known principal place of business of the attorney or 
representative of record of such party, or last known residence of such 
party if an individual, or
    (ii) Delivery to such party if an individual, to an officer or 
director of such party if a corporation, or to a member of such party if 
a partnership, at any location.
    (d) Service on another. Any subpoena, written questions for a 
deposition under Sec. 1.148(d)(2), or other document or paper, served 
on any person other than a party to a proceeding, the Secretary or agent 
thereof, shall be deemed to be received by such person on the date of:
    (1) Delivery by certified mail or registered mail to the last known 
principal place of business of such person, last known principal place 
of business of the attorney or representative of record of such person, 
or last known residence of such person if an individual;
    (2) Delivery other than by mail to any responsible individual at, or 
leaving in a conspicuous place at, any such location; or
    (3) Delivery to such party if an individual, to an officer or 
director of such party if a corporation, or to a member of such party if 
a partnership, at any location.
    (e) Proof of service. Any of the following, in the possession of the 
Department, showing such service, shall be deemed to be accurate:
    (1) A certified or registered mail receipt returned by the postal 
service with a signature;
    (2) An official record of the postal service;
    (3) An entry on a docket record or a copy placed in a docket file by 
the Hearing Clerk of the Department or by an employee of the Hearing 
Clerk in the ordinary course of business;
    (4) A certificate of service, which need not be separate from and 
may be incorporated in the document or paper of which it certifies 
service, showing the method, place and date of service in writing and 
signed by an individual with personal knowledge thereof, Provided that 
such certificate must be verified by oath or declaration under penalty 
of perjury if the individual certifying service is not a party to the 
proceeding in which such document or paper is served, an attorney or 
representative of record for such a party, or an official or employee of 
the United States or of a State or political subdivision thereof.
    (f) Extensions of time. The time for the filing of any document or 
paper required or authorized under the rules in this part to be filed 
may be extended by the Judge or the Judicial Officer as provided in 
Sec. 1.143, if, in the judgment of the Judge or the Judicial Officer, 
as the case may be, there is good reason for the extension. In all 
instances in

[[Page 50]]

which time permits, notice of the request for extension of the time 
shall be given to the other party with opportunity to submit views 
concerning the request.
    (g) Effective date of filing. Any document or paper required or 
authorized under the rules in this part to be filed shall be deemed to 
be filed at the time when it reaches the Hearing Clerk; or, if 
authorized to be filed with another officer or employee of the 
Department it shall be deemed to be filed at the time when it reaches 
such officer or employee.
    (h) Computation of time. Saturdays, Sundays and Federal holidays 
shall be included in computing the time allowed for the filing of any 
document or paper: Provided, That, when such time expires on a Saturday, 
Sunday, or Federal holiday, such period shall be extended to include the 
next following business day.

[42 FR 743, Jan. 4, 1977, as amended at 55 FR 30674, July 27, 1990; 60 
FR 8456, Feb. 14, 1995; 68 FR 6341, Feb. 7, 2003]



Sec. 1.148  Depositions.

    (a) Motion for taking deposition. Upon the motion of a party to the 
proceeding, the Judge may, at any time after the filing of the 
complaint, order the taking of testimony by deposition. The Motion shall 
be in writing, shall be filed with the Hearing Clerk, and shall set 
forth:
    (1) The name and address of the proposed deponent;
    (2) The name and address of the person (referred to hereafter in 
this section as the ``officer'') qualified under the regulations in this 
part to take depositions, before whom the proposed examination is to be 
made;
    (3) The proposed time and place of the examination, which shall be 
at least 15 days after the date of the mailing of the motion; and
    (4) The reasons why such deposition should be taken, which shall be 
solely for the purpose of eliciting testimony which otherwise might not 
be available at the time of hearing, for uses as provided in paragraph 
(g) of this section.
    (b) Judge's order for taking deposition. (1) If the Judge finds that 
the testimony may not be otherwise available at the hearing, the taking 
of the deposition may be ordered. The order shall be filed with the 
Hearing Clerk and shall state:
    (i) The time of the deposition;
    (ii) The place of the deposition;
    (iii) The manner of the deposition (telephone, audio-visual 
telecommunication, or personal attendance of those who are to 
participate in the deposition);
    (iv) The name of the officer before whom the deposition is to be 
made; and
    (v) The name of the deponent. The officer and the time, place, and 
manner need not be the same as those suggested in the motion for the 
deposition.
    (2) The deposition shall be conducted by telephone unless the Judge 
determines that conducting the deposition by audio-visual 
telecommunication:
    (i) Is necessary to prevent prejudice to a party;
    (ii) Is necessary because of a disability of any individual expected 
to participate in the deposition; or
    (iii) Would cost less than conducting the deposition by telephone. 
If the Judge determines that a deposition conducted by audio-visual 
telecommunication would measurably increase the United States Department 
of Agriculture's cost of conducting the deposition, the deposition shall 
be conducted by personal attendance of any individual who is expected to 
participate in the deposition or by telephone.
    (3) If the deposition is not conducted by telephone, the deposition 
shall be conducted by audio-visual telecommunication unless the Judge 
determines that conducting the deposition by personal attendance of any 
individual who is expected to participate in the deposition:
    (i) Is necessary to prevent prejudice to a party;
    (ii) Is necessary because of a disability of any individual expected 
to participate in the deposition; or
    (iii) Would cost less than conducting the deposition by telephone or 
audio-visual telecommunication.
    (c) Qualifications of officer. The deposition shall be made before 
the Judge or before an officer authorized by the law of the United 
States or by the law

[[Page 51]]

of the place of the examination to administer oaths, or before an 
officer authorized by the Secretary to administer oaths.
    (d) Procedure on examination. (1) The deponent shall be examined 
under oath or affirmation and shall be subject to cross-examination. 
Objections to questions or documents shall be in short form, stating the 
grounds of objections relied upon. The questions proponded, together 
with all objections made (but not including argument or debate), shall 
be recorded verbatim. In lieu of oral examination, parties may transmit 
written questions to the officer prior to the examination and the 
officer shall propound such questions to the deponent.
    (2) The applicant shall arrange for the examination of the witness 
either by oral examination, or by written questions upon agreement of 
the parties or as directed by the Judge. If the examination is conducted 
by means of written questions, copies of the applicant's questions must 
be received by the other party to the proceeding and the officer at 
least 10 days prior to the date set for the examination unless otherwise 
agreed, and any cross questions of a party other than the applicant must 
be received by the applicant and the officer at any time prior to the 
time of the examination.
    (e) Certification by officer. The officer shall certify on the 
deposition that the deponent was duly sworn and that the deposition is a 
true record of the deponent's testimony. The officer shall then securely 
seal the deposition, together with one copy thereof (unless there are 
more than two parties in the proceeding, in which case there should be 
another copy for each additional party), in an envelope and mail the 
same by registered or certified mail to the Hearing Clerk.
    (f) Corrections to the transcript or recording. (1) At any time 
prior to the hearing, any party may file a motion proposing corrections 
to the transcript or recording of the deposition.
    (2) Unless a party files such a motion in the manner prescribed, the 
transcript or recording shall be presumed, except for obvious 
typographical errors, to be a true, correct, and complete transcript or 
recording of the testimony given in the deposition proceeding and to 
contain an accurate description or reference to all exhibits in 
connection therewith, and shall be deemed to be certified correct 
without further procedure.
    (3) At any time prior to use of the deposition in accordance with 
paragraph (g) of this section and after consideration of any objections 
filed thereto, the Judge may issue an order making any corrections in 
the transcript or recording which the Judge finds are warranted, which 
corrections shall be entered onto the original transcript or recording 
by the Hearing Clerk (without obscuring the original text).
    (g) Use of deposition. A deposition ordered and taken in accordance 
with the provisions of this section may be used in a proceeding under 
these rules if the Judge finds that the evidence is otherwise admissible 
and (1) that the witness is dead; (2) that the witness is unable to 
attend or testify because of age, sickness, infirmity, or imprisonment; 
(3) that the party offering the deposition has endeavored to procure the 
attendance of the witness by subpoena, but has been unable to do so; or 
(4) that such exceptional circumstances exist as to make it desirable, 
in the interests of justice, to allow the deposition to be used. If the 
party upon whose motion the deposition was taken refuses to offer it in 
evidence, any other party may offer the deposition or any part thereof 
in evidence. If only part of a deposition is offered in evidence by a 
party, an adverse party may require the introduction of any other part 
which ought in fairness to be considered with the part introduced, and 
any party may introduce any other parts.

[42 FR 743, Jan. 4, 1977, as amended at 55 FR 30674, July 27, 1990; 60 
FR 8456, Feb. 14, 1995; 68 FR 6341, Feb. 7, 2003]



Sec. 1.149  Subpoenas. \3\
---------------------------------------------------------------------------

    \3\ This section relates only to subpoenas for the stated purpose 
and has no relevance with respect to investigatory subpoenas.
---------------------------------------------------------------------------

    (a) Issuance of subpoenas. The attendance and testimony of witnesses 
and the production of documentary evidence from any place in the United 
States on behalf of any party to the

[[Page 52]]

proceeding may be required by subpoena at any designated place of 
hearing if authorized by the statute under which the proceeding is 
conducted. Subpoenas shall be issued by the Judge upon a reasonable 
showing by the applicant of the grounds and necessity thereof; and with 
respect to subpoenas for the production of documents, the request shall 
also show their competency, relevancy, and materiality. All requests for 
subpoenas shall be in writing, unless waived by the Judge for good cause 
shown. Except for good cause shown, requests for subpoenas shall be 
received by the Judge at least 10 days prior to the date set for the 
hearing.
    (b) Service of subpoenas. Subpoenas may be served by any person not 
less than 18 years of age. The party at whose instance a subpoena is 
issued shall be responsible for service thereof. Subpoenas shall be 
served as provided in Sec. 1.147.

[42 FR 743, Jan. 4, 1977, as amended at 55 FR 30674, July 27, 1990; 60 
FR 8457, Feb. 14, 1995; 68 FR 6341, Feb. 7, 2003]



Sec. 1.150  Fees of witnesses.

    Witnesses summoned under these rules of practice shall be paid the 
same fees and mileage that are paid witnesses in the courts of the 
United States, and witnesses whose depositions are taken, and the 
officer taking the same, shall be entitled to the same fees as are paid 
for like services in the courts of the United States. Fees shall be paid 
by the party at whose instance the witness appears or the deposition is 
taken.



Sec. 1.151  Ex parte communications.

    (a) At no stage of the proceeding between its institution and the 
issuance of the final decision shall the Judge or Judicial Officer 
discuss ex parte the merits of the proceeding with any person who is 
connected with the proceeding in an advocative or in an investigative 
capacity, or with any representative of such person: Provided, That 
procedural matters shall not be included within this limitation; and 
Provided further, That the Judge or Judicial Officer may discuss the 
merits of the case with such a person if all parties to the proceeding, 
or their attorneys have been given notice and an opportunity to 
participate. A memorandum of any such discussion shall be included in 
the record.
    (b) No interested person shall make or knowingly cause to be made to 
the Judge or Judicial Officer an ex parte communication relevant to the 
merits of the proceeding.
    (c) If the Judge or the Judicial Officer receives an ex parte 
communication in violation of this section, the one who receives the 
communication shall place in the public record of the proceeding:
    (1) All such written communications;
    (2) Memoranda stating the substance of all such oral communications; 
and
    (3) All written responses, and memoranda stating the substance of 
all oral responses thereto.
    (d) Upon receipt of a communication knowingly made or knowingly 
caused to be made by a party in violation of this section, the Judge or 
Judicial Officer may, to the extent consistent with the interests of 
justice and the policy of the underlying statute, require the party to 
show cause why his claim or interest in the proceeding should not be 
dismissed, denied, disregarded, or otherwise adversely affected on 
account of such violation.
    (e) To the extent consistent with the interests of justice and the 
policy of the underlying statute, a violation of this section shall be 
sufficient grounds for a decision adverse to the party who knowingly 
commits a violation of this section or who knowingly causes such a 
violation to occur.
    (f) For purposes of this section ex parte communication means an 
oral or written communication not on the public record with respect to 
which reasonable prior notice to all parties is not given, but it shall 
not include requests for status reports on any matter or the proceeding.



Subpart I_Rules of Practice Governing Cease and Desist Proceedings Under 
                  Section 2 of the Capper-Volstead Act

    Authority: 7 U.S.C. 291, 292; 7 CFR 2.35, 2.41.

[[Page 53]]


    Source: 45 FR 6587, Jan. 29, 1980, unless otherwise noted.



Sec. 1.160  Scope and applicability of rules in this part.

    The rules of practice in this part shall be applicable to cease and 
desist proceedings, initiated upon complaint by the Secretary of 
Agriculture, pursuant to section 2 of the Capper-Volstead Act.



Sec. 1.161  Definitions.

    As used in this part, words in the single form shall be deemed to 
import the plural, and vice versa, as the case may require. The 
following terms shall be construed, respectively, to mean:
    Act means the Capper-Volstead Act, approved February 18, 1922, 42 
Stat. 388, 7 U.S.C. 291, 292.
    Association means a cooperative association, a federation of 
cooperatives, or other association of agricultural producers, as defined 
in section 1 of the Act.
    Complainant or Secretary means the Secretary of Agriculture, United 
States Department of Agriculture, or any officer(s) or employee(s) to 
whom authority has heretofore been delegated, or whom authority may 
hereafter be delegated, to act in his or her stead.
    Complaint means a formal complaint instituted by the Secretary of 
Agriculture requiring respondent to show cause why an order should not 
be made directing it to cease and desist from acts of monopolization or 
restraint of trade, which result in undue price enhancement.
    Decision means: (1) the Judge's decision, and includes (i) findings 
and conclusions and the reasons or basis therefor on all material issues 
of fact, law, or discretion, (ii) order, and (iii) rulings on proposed 
findings, conclusions and order submitted by the parties, and (2) the 
decision and order by the Judicial Officer upon an appeal of the Judge's 
decision.
    Hearing means that part of the proceeding which involves the 
submission of evidence before the Judge for the record in the 
proceeding.
    Hearing Clerk means the Hearing Clerk, United States Department of 
Agriculture, Washington, DC 20250.
    Judge means any Administrative Law Judge appointed pursuant to 5 
U.S.C. 3105 (the Administrative Procedure Act) and assigned to the 
proceeding involved.
    Judicial Officer means an official of the United States Department 
of Agriculture delegated authority by the Secretary, pursuant to the Act 
of April 4, 1940 (7 U.S.C. 450c-450g) and Reorganization Plan No. 2 of 
1953 (5 U.S.C. App. (1988)), to perform the function involved (Sec. 
2.35(a) of this chapter), or the Secretary if he or she exercises the 
authority so delegated.
    Respondent means the cooperative associations, or association, 
against whom a complaint has been issued.

[45 FR 6587, Jan. 29, 1980, as amended at 60 FR 8457, Feb. 14, 1995]



Sec. 1.162  Institution of proceedings.

    (a) Filing of information. Any person having information that any 
agricultural association, as defined in the Capper-Volstead Act, is 
engaged in any practice which monopolizes or restrains trade in 
interstate or foreign commerce to such an extent that the price of any 
agricultural product is unduly enhanced by reason thereof, may submit 
such information to the Secretary. Such information shall be in writing 
and shall contain a complete statement of facts detailing the price 
enhancement and the practices alleged.
    (b) Consideration of information. The Secretary shall consider all 
information filed under paragraph (a) of this section, and any other 
information which the Secretary may obtain relating to a violation of 
section 2 of the Act. If the Secretary finds that there is reason to 
believe that any association monopolizes or restrains trade in 
interstate or foreign commerce to such an extent that the price of any 
agricultural product is unduly enhanced thereby the Secretary shall 
cause a complaint to be filed, requiring the association to show cause 
why an order should not be made directing the association to cease and 
desist from such monopolization or restraint of trade. The complaint 
shall be filed with the Hearing Clerk, who shall assign to the

[[Page 54]]

proceeding a docket number and effect service upon respondent.

[45 FR 6587, Jan. 29, 1980, as amended at 60 FR 8457, Feb. 14, 1995]



Sec. 1.163  The complaint.

    The complaint shall state briefly all allegations of fact which 
constitute a basis for the proceeding, and shall designate a time and 
place for the hearing in the matter, which shall be at least 30 days 
after the service of the complaint upon the respondent.



Sec. 1.164  Answer.

    (a) Filing and service. Within 20 days after service of the 
complaint, or such other time as may be specified therein, the 
respondent shall file with the Hearing Clerk, an answer, signed by the 
respondent or the respondent's attorney. The answer shall be served upon 
the complainant by the Hearing Clerk.
    (b) Contents. The answer shall clearly admit, deny, or offer an 
explanation in response to each of the allegations of the complaint, and 
shall clearly set forth any affirmative defense.
    (c) Default. Failure to file an answer shall constitute an admission 
of the allegations in the complaint, and may be the basis for a decision 
upon the presentation of a prima facie case by the complainant.

[45 FR 6587, Jan. 29, 1980, as amended at 60 FR 8457, Feb. 14, 1995]



Sec. 1.165  Amendments.

    Amendments to the complaint may be made prior to the filing of an 
answer in which case the time for filing the answer shall be extended 20 
days or for other time agreed to by the parties. After the answer is 
filed, amendments to the complaint, or to the answer or other pleading, 
may be made by agreement of the parties or allowed at the discretion of 
the Judge. In case of an amendment which significantly changes the 
issues, the hearing shall, on the request of a party, be postponed or 
adjourned for a reasonable period, if the Judge determines that such 
action is necessary to avoid prejudice to the party.



Sec. 1.166  Consent order.

    At any time, complainant and respondent may agree to the entry of a 
consent order. Such order shall be entered by the Judge (prior to a 
decision) or the Judicial Officer (after a decision by the Judge), and 
become effective on the date specified therein.



Sec. 1.167  Conference.

    (a) Purpose. Upon motion of a party or upon the Judge's own motion, 
the Judge may direct the parties to attend a conference when the Judge 
finds that the proceeding would be expedited by discussions on matters 
of procedure and/or possible stipulations. The conference may include 
discussions regarding:
    (1) Simplification of the issues;
    (2) Limitation of expert or other witnesses;
    (3) The orderly presentation of evidence; and
    (4) Any other matters that may expedite and aid in the disposition 
of the proceeding.
    (b) Manner of the Conference. (1) The conference shall be conducted 
by telephone or correspondence unless the Judge determines that 
conducting the conference by audio-visual telecommunication:
    (i) Is necessary to prevent prejudice to a party;
    (ii) Is necessary because of a disability of any individual expected 
to participate in the conference; or
    (iii) Would cost less than conducting the conference by telephone or 
correspondence. If the Judge determines that a conference conducted by 
audio-visual telecommunication would measurably increase the United 
States Department of Agriculture's cost of conducting the conference, 
the conference shall be conducted by personal attendance of any 
individual who is expected to participate in the conference, by 
telephone, or by correspondence.
    (2) If the conference is not conducted by telephone or 
correspondence, the conference shall be conducted by audio-visual 
telecommunication unless the Judge determines that conducting the 
conference by personal attendance of any individual who is expected to 
participate in the conference:

[[Page 55]]

    (i) Is necessary to prevent prejudice to a party;
    (ii) Is necessary because of a disability of any individual expected 
to participate in the conference; or
    (iii) Would cost less than conducting the conference by audio-visual 
telecommunication.

[60 FR 8457, Feb. 14, 1995]



Sec. 1.168  Procedure for hearing.

    (a) Time and place. The oral hearing shall be held at such time and 
place as specified in the complaint, and not less than 30 days after 
service thereof. The time and place of the hearing may be changed for 
good cause, by the Judge, upon motion of either complainant or 
respondent.
    (b) Manner of hearing. (1) The Judge shall file with the Hearing 
Clerk a notice stating whether the hearing will be conducted by 
telephone, audio-visual telecommunication, or personal attendance of any 
individual expected to attend the hearing and the Judge's determination 
regarding the manner of hearing shall be made in accordance with 
paragraphs (b)(3) and (b)(4) of this section. If any change in the 
manner of the hearing is made, the Judge shall file with the Hearing 
Clerk a notice of the change, which notice shall be served on the 
parties, unless it is made during the course of an oral hearing and made 
part of the transcript or recording, or actual notice is given to the 
parties.
    (2)(i) Any party may move that the hearing be conducted by telephone 
or personal attendance of any individual expected to attend the hearing 
rather than by audio-visual telecommunication. Any motion that the 
hearing be conducted by telephone or personal attendance of any 
individual expected to attend the hearing must be accompanied by a 
memorandum in support of the motion stating the basis for the motion and 
the circumstances that require the hearing to be conducted other than by 
audio-visual telecommunication.
    (ii) Within 10 days after the Judge issues a notice stating the 
manner in which the hearing is to be conducted, any party may move that 
the Judge reconsider the manner in which the hearing is to be conducted. 
Any motion for reconsideration must be accompanied by a memorandum in 
support of the motion stating the basis for the motion and the 
circumstances that require the hearing to be conducted other than in 
accordance with the Judges's notice.
    (3) The hearing shall be conducted by audio-visual telecommunication 
unless the Judge determines that conducting the hearing by personal 
attendance of any individual who is expected to participate in the 
hearing:
    (i) Is necessary to prevent prejudice to a party;
    (ii) Is necessary because of a disability of any individual expected 
to participate in the hearing; or
    (iii) Would cost less than conducting the hearing by audio-visual 
telecommunication. If the Judge determines that a hearing conducted by 
audio-visual telecommunication would measurably increase the United 
States Department of Agriculture's cost of conducting the hearing, the 
hearing shall be conducted by personal attendance of any individual who 
is expected to participate in the hearing or by telephone.
    (4) The Judge may, in his or her sole discretion or in response to a 
motion by a party to the proceeding, conduct the hearing by telephone if 
the Judge finds that a hearing conducted by telephone:
    (i) Would provide a full and fair evidentiary hearing;
    (ii) Would not prejudice any party; and
    (iii) Would cost less than conducting the hearing by audio-visual 
telecommunication or personal attendance of any individual who is 
expected to participate in the hearing.
    (c) Appearances. The parties may appear in person or by counsel or 
by other representative. Persons who appear as counsel or in a 
representative capacity must conform to the standards of ethical conduct 
required of practitioners before the courts of the United States.
    (d) Order of proceeding. Except as otherwise may be agreed by the 
parties and approved by the Judge, the complainant shall proceed first 
at the hearing.

[[Page 56]]

    (e) Failure to appear. If respondent, after being duly notified, 
fails to appear at the hearing, and no good cause for such failure is 
established, complainant shall present a prime facie case on the matters 
denied in the answer.
    (f) Written statements of direct testimony. (1) Except as provided 
in paragraph (f)(2) of this section, each party must exchange with all 
other parties a written narrative verified statement of the oral direct 
testimony that the party will provide at any hearing to be conducted by 
telephone; the direct testimony of each employee or agent of the party 
that the party will call to provide oral direct testimony at any hearing 
to be conducted by telephone; and the direct testimony of each expert 
witness that the party will call to provide oral direct testimony at any 
hearing to be conducted by telephone. The written direct testimony of 
witnesses shall be exchanged by the parties at least 10 days prior to 
the hearing. The oral direct testimony provided by a witness at a 
hearing conducted by telephone will be limited to the presentation of 
the written direct testimony, unless the Judge finds that oral direct 
testimony which is supplemental to the written direct testimony would 
further the public interest and would not constitute surprise.
    (2) The parties shall not be required to exchange testimony in 
accordance with this paragraph if the hearing is scheduled to begin less 
than 20 days after the Judge's notice stating the time of the hearing.
    (g) Evidence. (1) The testimony of witnesses at the hearing shall be 
upon oath or affirmation, transcribed or recorded verbatim, and subject 
to cross-examination. Evidence which is immaterial, irrelevant, or 
unduly repetitious, or which is not of the sort upon which responsible 
persons are accustomed to rely, shall be excluded insofar as 
practicable.
    (2) Objections. If a party objects to the admission of any evidence 
or to the limitation of the scope of any examination or cross-
examination, the party shall briefly state the grounds of such 
objections, whereupon an automatic exception will follow if the 
objection is overruled by the Judge. The ruling of the Judge on any 
objection shall be part of the transcript or recording. Only objections 
made before the Judge may subsequently be relied upon in the proceeding.
    (3) Official records or documents. An official record or document, 
if admissible for any purpose, shall be admissible in evidence without 
the production of the person who made or prepared the same, and shall be 
prima facie evidence of the relevant facts stated therein. Such record 
or document shall be evidenced by an official publication thereof, or by 
a copy certified by a person having legal authority to make such 
certification.
    (4) Exhibits. Unless the Judge finds that the furnishing of multiple 
copies is impracticable, four copies of each exhibit shall be filed with 
the Judge unless the Judge finds that a greater or lesser number is 
desirable. A true copy of an exhibit may be substituted for the 
original.
    (5) Official notice. Official notice shall be taken of such matters 
as are judicially noticed by the courts of the United States and of any 
other matter of technical, scientific, or commercial fact of established 
character: Provided, That the opposing party shall be given adequate 
opportunity to show that such facts are erroneously noticed.
    (6) Offer of proof. Whenever evidence is deleted from the record, 
the party offering such evidence may make an offer of proof, which shall 
be included in the transcript or recording. The offer of proof shall 
consist of a brief statement describing the evidence excluded. If the 
evidence consists of a brief oral statement or of an exhibit, it shall 
be inserted into the transcript or recording in toto. In such event, it 
shall be considered a part of the transcript or recording and record if 
the Judicial Officer decides that the Judge's ruling in excluding the 
evidence was erroneous and prejudicial. The Judge shall not allow the 
insertion of such excluded evidence in toto if the taking of such 
evidence will consume considerable time at the hearing. In the latter 
event, if the Judicial Officer decides that the Judge's ruling excluding 
the evidence was both prejudicial and erroneous, the hearing may be 
reopened to permit the taking of such evidence.

[[Page 57]]

    (7) Affidavits. Affidavits may be submitted into evidence, in lieu 
of witness testimony, only to the extent, and in the manner agreed upon 
by the parties.
    (h) Transcript or recording. (1) Hearings to be conducted by 
telephone shall be recorded verbatim by electronic recording device. 
Hearings conducted by audio-visual telecommunication or the personal 
attendance of any individual who is expected to participate in the 
hearing shall be transcribed, unless the Judge finds that recording the 
hearing verbatim would expedite the proceeding and the Judge orders the 
hearing to be recorded verbatim. The Judge shall certify that to the 
best of his or her knowledge and belief any recording made pursuant to 
this paragraph with exhibits that were accepted into evidence is the 
record of the hearing.
    (2) If a hearing is recorded verbatim, a party requests the 
transcript of a hearing or part of a hearing, and the Judge determines 
that the disposition of the proceeding would be expedited by a 
transcript of the hearing or part of a hearing, the Judge shall order 
the verbatim transcription of the recording as requested by the party.
    (3) Recordings or transcripts of hearings shall be made available to 
any person at actual cost of duplication.

[45 FR 6587, Jan. 29, 1980, as amended at 60 FR 8457, Feb. 14, 1995]



Sec. 1.169  Post-hearing procedure and decision.

    (a) Corrections to transcript or recording. (1) At any time, but not 
later than the time fixed for filing proposed findings of fact, 
conclusions and order, or briefs, as the case may be, any party may file 
a motion proposing corrections to the transcript or recording.
    (2) Unless a party files such a motion in the manner prescribed, the 
transcript or recording shall be presumed, except for obvious 
typographical errors, to be a true, correct, and complete transcript or 
recording of the testimony given at the hearing and to contain an 
accurate description or reference to all exhibits received in evidence 
and made part of the hearing record.
    (3) At any time prior to the filing of the Judge's decision and 
after consideration of any objections filed as to the transcript or 
recording, the Judge may issue an order making any corrections in the 
transcript or recording which the Judge finds are warranted, which 
corrections shall be entered onto the original transcript or recording 
by the Hearing Clerk (without obscurring the original text).
    (b) Proposed findings of fact, conclusions, order and briefs. The 
parties may file with the Hearing Clerk proposed findings of fact, 
conclusions and orders based solely upon the record and on matters 
subject to official notice, and briefs in support thereof. The Judge 
shall announce at the hearing a definite period of time within which 
these documents may be filed.
    (c) Judge's decision. The Judge, within a reasonable time after the 
termination of the period allowed for the filing of proposed findings of 
fact, conclusions and order, and briefs in support thereof, shall 
prepare, upon the basis of the record and matters officially noticed, 
and shall file with the Hearing Clerk, the Judge's decision, a copy of 
which shall be served by the Hearing Clerk upon each of the parties. 
Such decision shall become final and effective without further 
proceedings 35 days after the date of service thereof upon the 
respondent, unless there is an appeal to the Judicial Officer by a party 
to the proceeding pursuant to Sec. 1.170: Provided, That no decision 
shall be final for purposes of a request for Judicial Review, as 
provided in Sec. 1.175(a), except a final decision of the Judicial 
Officer on appeal.

[45 FR 6587, Jan. 29, 1980, as amended at 60 FR 8458, Feb. 14, 1995]



Sec. 1.170  Appeal to the Judicial Officer.

    (a) Filing of petition. Within 30 days after receiving service of 
the Judge's decision, a party who disagrees with the decision, or any 
part thereof, or any ruling by the Judge or any alleged deprivation of 
rights, may appeal such decision to the Judicial Officer by filing an 
appeal petition with the Hearing Clerk. As provided in Sec. 
1.168(g)(2), objections regarding evidence or a limitation regarding 
examination or cross-examination or other ruling made before the Judge 
may be relied upon in an appeal. Each issue set forth in the petition, 
and the arguments thereon, shall

[[Page 58]]

be separately numbered; shall be plainly and concisely stated; and shall 
contain detailed citations to the record, statutes, regulations or 
authorities being relied upon in support thereof. A brief may be filed 
in support of the appeal simultaneously with the petition.
    (b) Response to appeal petition. Within 20 days after the service of 
a copy of an appeal petition and any brief in support thereof, filed by 
a party to the proceeding, any other party may file with the Hearing 
Clerk a response in support of or in opposition to the appeal and in 
such response any relevant issue, not presented in the appeal petition, 
may be raised.
    (c) Transmittal of record. Whenever an appeal of a Judge's decision 
is filed and a response thereto has been filed or time for filing a 
response has expired, the Hearing Clerk shall transmit to the Judicial 
Officer the record of the proceeding. Such record shall include: the 
pleadings; motions and requests filed and rulings thereon; the 
transcript or recording of the testimony taken at the hearing, together 
with the exhibits filed in connection therewith; any documents or papers 
filed in connection with a prehearing conference; such proposed findings 
of fact, conclusions, and orders, and briefs in support thereof, as may 
have been filed in connection with the proceeding; the Judge's decision; 
such exceptions, statements of objections and briefs in support thereof 
as may have been filed in the proceeding; and the appeal petition, and 
such briefs in support thereof and responses thereto as may have been 
filed in the proceeding.
    (d) Oral argument. A party bringing an appeal may request, within 
the prescribed time for filing such appeal, an opportunity for oral 
arguments before the Judicial Officer. Within the time allowed for 
filing a response, appellee may file a request in writing for 
opportunity for such an oral argument. Failure to make such request in 
writing, within the prescribed time period, shall be deemed a waiver of 
oral argument. The Judicial Officer may grant, refuse, or limit any 
request for oral argument. Oral argument shall not be transcribed unless 
so ordered in advance by the Judicial Officer for good cause shown upon 
request of a party or upon the Judicial Officer's own motion.
    (e) Scope of argument. Argument to be heard on appeal, whether oral 
or on brief, shall be limited to the issues raised in the appeal or in 
the response to the appeal, except that if the Judicial Officer 
determines that additional issues should be argued, the parties shall be 
given reasonable notice of such determination, so as to permit 
preparation of adequate arguments on all issues to be argued.
    (f) Notice of argument; Postponement. The Hearing Clerk shall advise 
all parties of the time and place at which oral argument will be heard. 
A request for postponement of the argument must be made by motion filed 
a reasonable amount of time in advance of the date fixed for argument.
    (g) Order of argument. The appellant is entitled to open and 
conclude the argument.
    (h) Submission on briefs. By agreement of the parties, an appeal may 
be submitted for decision on the briefs, but the Judicial Officer may 
direct that the appeal be argued orally.
    (i) Decision of the judicial officer on appeal. As soon as 
practicable after the receipt of the record from the Hearing Clerk, or, 
in case oral argument was had, as soon as practicable thereafter, the 
Judicial Officer, upon the basis of and after due consideration of the 
record and any matter of which official notice is taken, shall rule on 
the appeal. If the Judicial Officer decides that no change or 
modification of the Judge's decision is warranted, the Judicial Officer 
may adopt the Judge's decision as the final order in the proceeding, 
preserving any right of the party bringing the appeal to seek judicial 
review of such decision in the proper forum. A final order issued by the 
Judicial Officer shall be filed with the Hearing Clerk. Such order may 
be regarded by the respondent as final for purposes of a request for 
judicial review as provided in Sec. 1.175(a).

[45 FR 6587, Jan. 29, 1980, as amended at 60 FR 8458, Feb. 14, 1995]



Sec. 1.171  Intervention.

    Intervention under these rules shall not be allowed, except that, in 
the discretion of the Judicial Officer, or the

[[Page 59]]

Judge, any person showing a substantial interest in the outcome of the 
proceeding shall be permitted to participate in oral or written argument 
pursuant to Sec. Sec. 1.169 and 1.170.

[45 FR 6587, Jan. 29, 1980, as amended at 60 FR 8458, Feb. 14, 1995]



Sec. 1.172  Motions and requests.

    (a) General. All motions and requests shall be filed with the 
Hearing Clerk, and shall be served upon the parties, except those made 
on record during the oral hearing. The Judge shall rule upon all motions 
and requests filed or made prior to the filing of the certification of 
the transcript or recording. Thereafter, the Judicial Officer will rule 
on any motions or requests.
    (b) Motions entertained. Any motion will be entertained except a 
motion to dismiss on the pleadings. All motions and requests concerning 
the complaint must be made within the time allowed for filing an answer.
    (c) Contents. All written motions and requests shall state the 
particular order, ruling, or action desired and the grounds therefor.
    (d) Response to motions in request. Within ten days after service of 
any written motion or request, or within such shorter or longer period 
as may be fixed by the Judge or the Judicial Officer the opposing party 
may file a response to the motion or request.
    (e) Certification to the judicial officer. The submission or 
certification of any motion, request, objection, or other question to 
the Judicial Officer prior to the time when the Judge's certification of 
the transcript is filed with the Hearing Clerk, shall be made by and in 
the discretion of the Judge. The Judge may either rule upon or certify 
the motion, request, objection, or other question to the Judicial 
Officer, but not both.

[45 FR 6587, Jan. 29, 1980, as amended at 60 FR 8458, Feb. 14, 1995]



Sec. 1.173  Judges.

    (a) Assignment. No Judge shall be assigned to serve in any 
proceeding who (1) has any pecuniary interest in any matter or business 
involved in the proceeding, (2) is related within the third degree by 
blood or marriage to any party to the proceeding, or (3) has 
participated in the investigation preceding the institution of the 
proceeding or in determination that it should be instituted or in the 
preparation of the moving paper or in the development of the evidence to 
be introduced therein.
    (b) Disqualification of Judge. (1) Any party to the proceeding may, 
by motion made to the Judge, request that the Judge disqualify himself 
or herself and withdraw from the proceeding. Such motion shall set forth 
with particularity the alleged disqualification. The Judge may then 
either rule upon or certify the motion to the Judicial Officer, but not 
both.
    (2) A Judge will withdraw from any proceeding in which the Judge 
deems himself or herself disqualified for any reason.
    (c) Conduct. At no stage of the proceeding between its institution 
and the issuance of the final decision shall the Judicial Officer or the 
Judge discuss ex parte the merits of the proceeding with any person who 
is connected with the proceeding as an advocate or in an investigative 
capacity, or with any representative of such person: Provided, That 
procedural matters shall not be included within the limitation: and 
Provided further, That the Judicial Officer of Judge may discuss the 
merits of the case with such a person if all parties to the proceeding, 
or their representatives, have been given an opportunity to be present. 
Any memorandum or other communication addressed to the Judicial Officer 
or a Judge, during the pendency of the proceeding, and relating to the 
merits thereof, by or on behalf of any party or any interested person, 
shall be filed with the Hearing Clerk. A copy thereof shall be served 
upon the parties to the proceeding, and, in the discretion of the Judge 
or the Judicial Officer, opportunity may be given to file a reply 
thereto within a specified period.
    (d) Powers. Subject to review by the Judicial Officer as provided 
elsewhere in this part, the Judge, in any proceeding assigned to him or 
her shall have power to:
    (1) Rule upon motions and requests;
    (2) Set the time, place, and manner of any conference, set the 
manner of the hearing, adjourn the hearing, and

[[Page 60]]

change the time, place, and manner of the hearing;
    (3) Administer oaths and affirmations;
    (4) Examine witnesses and receive relevant evidence;
    (5) Admit or exclude evidence;
    (6) Hear oral argument on facts or law;
    (7) Require each party to provide all other parties and the Judge 
with a copy of any exhibit that the party intends to introduce into 
evidence prior to any hearing to be conducted by telephone or audio-
visual telecommunication;
    (8) Require that any hearing to be conducted by telephone or audio-
visual telecommunication be conducted at locations at which the parties 
and the Judge are able to transmit and receive documents during the 
hearing;
    (9) Do all acts and take all measures necessary for the orderly 
presentation of evidence, maintenance of order, and the efficient 
conduct of the proceeding.
    (e) Who may act in the absence of the Judge. In case of the absence 
of the Judge or upon the Judge's inability to act, the powers and duties 
to be performed by the Judge under these Rules of Practice in connection 
with a proceeding assigned to the Judge may, without abatement of the 
proceeding, be assigned to any other Judge.

[45 FR 6587, Jan. 29, 1980, as amended at 60 FR 8458, Feb. 14, 1995]



Sec. 1.174  Filing; service; extensions of time; and computation of time.

    (a) Filing; Number of Copies. Except as otherwise provided by the 
Judge or the Secretary, all documents or papers required or authorized 
by the rules in this part to be filed with the Hearing Clerk shall be 
filed in quadruplicate: Provided, That, where there are parties to the 
proceeding in addition to complainant and respondent, an additional copy 
shall be filed for each such additional party. Any document or paper, 
required or authorized under the rules in this part to be filed with the 
Hearing Clerk, shall, during the course of an oral hearing, be filed 
with the Judge.
    (b) Service; proof of service. Copies of all such documents or 
papers required or authorized by the rules in this part to be filed with 
the Hearing Clerk, shall be served upon the parties by the Hearing 
Clerk, or by some other employee of the Department, or by a U.S. Marshal 
or his Deputy. Service shall be made either (1) by delivering a copy of 
the document or paper to the individual to be served or to a member of 
the partnership to be served, or to the president, secretary, or other 
executive officer or any director of the corporation or association to 
be served, or to the attorney or agent of record of such individual, 
partnership, corporation, organization, or association; or (2) by 
leaving a copy of the document or paper at the principal office or place 
of business or residence of such individual, partnership, corporation, 
organization, or association, or of his or its attorney or agent of 
record and mailing by regular mail another copy to each person at such 
address; or (3) by registering or certifying and mailing a copy of the 
document or paper, addressed to such individual, partnership, 
corporation, organization, or association, or to his or its attorney or 
agent of record, at his or its last known residence or principal office 
or place of business: Provided, That if the registered or certified 
document or paper is returned undelivered because the addressee refused 
or failed to accept delivery, the document or paper shall be served by 
remailing it by regular mail. Proof of service hereunder shall be made 
by the certification of the person who actually made the service: 
Provided, That if the service be made by mail, as outlined in paragraph 
(b)(3) of this section proof of service shall be made by the return post 
office receipt, in the case of registered or certified mail, or by the 
certificate of the person who mailed the matter by regular mail. The 
certificate and post office receipt contemplated herein shall be filed 
with the Hearing Clerk, and the fact of filing thereof shall be noted in 
the record of the proceeding.
    (c) Extension of time. The time for the filing of any document or 
paper required or authorized under the rules in this part to be filed 
may be extended by the Judge prior to the filing of the certification of 
the transcript or recording if there is good reason for the extension. 
In all instances in which time permits, notice of the request for

[[Page 61]]

extension of the time shall be given to the other party with opportunity 
to submit views concerning the request.
    (d) Effective date of filing. Any document or paper required or 
authorized under the rules in this part to be filed shall be deemed to 
be filed at the time when it reaches the Department of Agriculture in 
Washington, D.C.; or, if authorized to be filed with an officer or 
employee of the Department at any place outside the District of 
Columbia, it shall be deemed to be filed at the time when it reaches the 
office of such officer or employee.
    (e) Computation of time. Saturdays, Sundays and Federal holidays 
shall be included in computing the time allowed for the filing of any 
document or paper: Provided, That when such time expires on a Saturday, 
Sunday or Federal holiday, such period shall be extended to include the 
next following business day.

[45 FR 6587, Jan. 29, 1980, as amended at 60 FR 8459, Feb. 14, 1995]



Sec. 1.175  Procedure following entry of cease and desist order.

    (a) Request for judicial review. An association subject to a cease 
and desist order may, within thirty days following the date of the 
order, request the Secretary to institute proceedings for judicial 
review of the order. Such request shall, to the extent practicable, 
identify findings of fact, conclusions of law, and any part of the order 
which the association claims are in error. The Secretary shall, 
thereupon, file in the district in the judicial district in which such 
association has its principal place of business, a certified copy of the 
order and of all records in the proceeding, including the request of the 
association, together with a petition asking that the order be affirmed 
and enforced.
    (b) Enforcement. If an association subject to a cease and desist 
order fails or neglects, within thirty days of the date of the order, or 
at any time thereafter, to obey such order, and has not made a request 
for judicial review as provided above, the Secretary shall file in the 
district court in the judicial district in which such association has 
its principal place of business a certified copy of the order and of all 
records in the proceeding, together with a petition asking that the 
order be enforced.
    (c) Notice. The Secretary shall give notice of the filing of a 
petition for enforcement or review to the Attorney General, and to the 
association, by service of a copy of the petition.



   Subpart J_Procedures Relating to Awards Under the Equal Access to 
            Justice Act in Proceedings Before the Department

    Source: 67 FR 63237, Oct. 11, 2002, unless otherwise noted.

                           General Provisions



Sec. 1.180  Definitions.

    (a) The definitions contained in Sec. 1.132 of this part are 
incorporated into and made applicable to this subpart.
    (b) Adjudicative Officer means an administrative law judge, 
administrative judge, or other person assigned to conduct a proceeding 
covered by EAJA.
    (c) Agency means an organizational unit of the Department whose head 
reports to an official in the Office of the Secretary.
    (d) Agency counsel means the attorney from the Office of the General 
Counsel representing the agency of the Department administering the 
statute involved in the proceeding.
    (e) Days means calendar days.
    (f) Department means the United States Department of Agriculture.



Sec. 1.181  Purpose of these rules.

    The Equal Access to Justice Act, 5 U.S.C. 504 (called ``EAJA'' in 
this subpart), provides for the award of attorney fees and other 
expenses to eligible individuals and entities who are parties to certain 
administrative proceedings (called ``adversary adjudications'') before 
the Department. An eligible party may receive an award when it prevails 
over the Department unless the position of the Department was 
substantially justified or special circumstances make an award unjust. 
Alternatively, an eligible party may receive an award in connection with 
an adversary adjudication arising from an agency action to enforce the 
party's

[[Page 62]]

compliance with a statutory or regulatory requirement where the demand 
by the agency is substantially in excess of the decision of the 
adjudicative officer and is unreasonable when compared with such 
decision under the facts and circumstances of the case. The rules in 
this subpart describe the parties eligible for awards and the 
proceedings that are covered. They also explain how to apply for awards, 
and the procedures and standards that the Department will use to make 
awards.



Sec. 1.182  When EAJA applies.

    EAJA applies to any adversary adjudication pending or commenced 
before the Department on or after August 5, 1985, except with respect to 
a proceeding covered under Sec. 1.183(a)(1)(iii) of this part, which is 
effective on or after October 21, 1986. In addition, the provisions of 
Sec. 1.185(b) relating to award for excessive demand apply only to 
adversary adjudications commenced on or after March 29, 1996. Changes in 
maximum rates for attorney fees are effective as of October 11, 2002.



Sec. 1.183  Proceedings covered.

    (a)(1) The rules in this subpart apply to adversary adjudications. 
These are:
    (i) Adjudications required by statute to be conducted by the 
Department under 5 U.S.C. 554 in which the position of the Department or 
any other agency of the United States, or any component of an agency, is 
presented by an attorney or other representative who enters an 
appearance and participates in the proceeding,
    (ii) Appeals of decisions of contracting officers made pursuant to 
section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605) before 
the Agriculture Board of Contract Appeals as provided in section 8 of 
that Act (41 U.S.C. 607), and
    (iii) Any hearing conducted under chapter 38 of title 31, United 
States Code.
    (2) Any proceeding in which the Department may prescribe a lawful 
present or future rate is not covered by EAJA. Proceedings to grant or 
renew licenses also are excluded, but proceedings to modify, suspend, or 
revoke licenses are covered if they are otherwise ``adversary 
adjudications.'' The proceedings covered include adversary adjudications 
under the following statutory provisions.

Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 608c(15)(A))
Animal Health Protection Act, sections 10414 and 10415 (7 U.S.C. 8313 
and 8314).
Animal Quarantine Laws (21 U.S.C. 104, 117, 122, 127, 134e, and 135a)
Animal Welfare Act (7 U.S.C. 2149)
Archaeological Resources Protection Act (16 U.S.C. 470ff)
Beef Research and Information Act (7 U.S.C. 2912)
Capper-Volstead Act (7 U.S.C. 292)
Cotton Research and Promotion Act (7 U.S.C. 2111)
Egg Products Inspection Act (21 U.S.C. 1047)
Egg Research and Consumer Information Act (7 U.S.C. 2713, 2714(b))
Endangered Species Act (16 U.S.C. 1540(a))
Federal Land Policy and Management Act (43 U.S.C. 1766)
Federal Meat Inspection Act (21 U.S.C. 604, 606, 607(e), 608, 671)
Federal Seed Act (7 U.S.C. 1599)
Horse Protection Act (15 U.S.C. 1823(c), 1825)
Packers and Stockyards Act (7 U.S.C. 193, 204, 213, 218d, 221)
Perishable Agricultural Commodities Act (7 U.S.C. 499c(c), 499d(d), 
499f(c), 499h(a), 499h(b), 499h(c), 499i, 499m(a))
Plant Protection Act (7 U.S.C. 7734, 7735, and 7736)
Potato Research and Promotion Act (7 U.S.C. 2620)
Poultry Products Inspection Act (21 U.S.C. 455, 456, 457(d), 467)
Swine Health Protection Act (7 U.S.C. 3804(b), 3805(a))
Title V of the Agricultural Risk Protection Act of 2000, section 501(a) 
(7 U.S.C. 2279e).
U.S. Cotton Standards Act (7 U.S.C. 51b, 53)
U.S. Grain Standards Act (7 U.S.C. 79(g)(3), 85, 86)
U.S. Warehouse Act (7 U.S.C. 246, 253)
Virus-Serum-Toxin Act (21 U.S.C. 156)
Wheat and Wheat Foods Research and Nutrition Education Act (7 U.S.C. 
3409)

    (b) The failure of the Department to identify a type of proceeding 
as an adversary adjudication shall not preclude the filing of an 
application by a party who believes the proceeding is covered by EAJA; 
whether the proceeding is covered will then be an issue for resolution 
in proceedings on the application.
    (c) If a proceeding includes both matters covered by EAJA and 
matters specifically excluded from coverage, any

[[Page 63]]

award made will include only fees and expenses related to covered 
issues.

[67 FR 63237, Oct. 11, 2002, as amended at 67 FR 70674, Nov. 26, 2002]



Sec. 1.184  Eligibility of applicants.

    (a) To be eligible for an award of attorney fees and other expenses 
under EAJA, the applicant must meet one of the following conditions:
    (1) The applicant must be a prevailing party to the adversary 
adjudication for which it seeks an award; or
    (2) The applicant must be a party to an adversary adjudication 
arising from an agency action to enforce the party's compliance with a 
statutory or regulatory requirement in which the demand by the agency 
was substantially in excess of the decision of the adjudicative officer 
and the demand is unreasonable when compared with such decision under 
the facts and circumstances of the case.
    (b) In addition to the criteria set out in paragraph (a) of this 
section, a party seeking an award must be one of the following:
    (1) An individual with a net worth of not more than $2 million;
    (2) The sole owner of an unincorporated business who has a net worth 
of not more than $7 million, including both personal and business 
interests, and not more than 500 employees;
    (3) A charitable or other tax-exempt organization described in 
section 501(c)(3) of the Internal Revenue Code (26 U.S.C. 501(c)(3)) 
with not more than 500 employees;
    (4) A cooperative association as defined in section 15(a) of the 
Agricultural Marketing Act (2 U.S.C. 1141j(a)) with not more than 500 
employees;
    (5) Any other partnership, corporation, association, unit of local 
government, or organization with a net worth of not more than $7 million 
and nor more than 500 employees;
    (6) For purposes only of paragraph (a)(2) of this section, a small 
entity as defined in 5 U.S.C. 601.
    (c) For the purpose of eligibility, the net worth and number of 
employees of an applicant shall be determined as of the date the 
adversary adjudication was initiated: Provided, that for purposes of 
eligibility in proceedings covered by Sec. 1.183(a)(1)(ii) of this 
part, the net worth and number of employees of an applicant shall be 
determined as of the date the applicant filed its appeal under 41 U.S.C. 
606.
    (d) In interpreting the criteria set forth in paragraph (b) of this 
section, the following apply:
    (1) An applicant who owns an unincorporated business will be 
considered as an ``individual'' rather than a ``sole owner of an 
unincorporated business'' if the issues on which the applicant prevails 
are related primarily to personal interests rather than to business 
interests.
    (2) The employees of an applicant include all persons who regularly 
perform services for remuneration for the applicant, under the 
applicant's direction and control. Part-time employees shall be included 
on a proportional basis.
    (3) The net worth and number of employees of the applicant and all 
of its affiliates shall be aggregated to determine eligibility. Any 
individual, corporation, or other entity that directly or indirectly 
controls or owns a majority of the voting shares or other interest of 
the applicant, or any corporation or other entity of which the applicant 
directly or indirectly owns or controls a majority of the voting shares 
or other interest, will be considered an affiliate for purposes of this 
subpart, unless the adjudicative officer determines such treatment would 
be unjust and contrary to the purposes of EAJA in light of the actual 
relationship between the affiliated entities. In addition, the 
adjudicative officer may determine that financial relationships of the 
applicant other than those described in this paragraph constitute 
special circumstances that would make an award unjust.
    (4) An applicant that participates in a proceeding primarily on 
behalf of one or more other person or entity that would be ineligible is 
not itself eligible for an award.



Sec. 1.185  Standards for awards.

    (a) Prevailing party. (1) A prevailing applicant may receive an 
award for fees and expenses incurred in connection with a proceeding, or 
in a significant and discrete substantive portion of the proceeding, 
unless the position of the

[[Page 64]]

Department was substantially justified. The position of the Department 
includes, in addition to the position taken by the Department in the 
adversary adjudication, the action or failure to act by the Department 
upon which the adversary adjudication is based. The burden of proof that 
an award should not be made to an eligible prevailing applicant because 
the position of the Department was substantially justified is on the 
agency.
    (2) An award to a prevailing applicant will be reduced or denied if 
the applicant has unduly or unreasonably protracted the proceeding or if 
special circumstances make the award sought unjust.
    (b) Excessive demand. (1) If, in an adversary adjudication arising 
from an agency action to enforce a party's compliance with a statutory 
or regulatory requirement, the demand by the agency is substantially in 
excess of the decision of the adjudicative officer and is unreasonable 
when compared with such decision under the facts and circumstances of 
the case, the adjudicative officer shall award to the party the fees and 
other expenses related to defending against the excessive demand, unless 
the party has committed a willful violation of law or otherwise acted in 
bad faith, or special circumstances make an award unjust. Fees and 
expenses awarded under this paragraph shall be paid only as a 
consequence of appropriations provided in advance.
    (2) ``Demand'' means the express demand of the agency which led to 
the adversary adjudication, but does not include a recitation by the 
agency of the maximum statutory penalty:
    (i) In the administrative complaint, or
    (ii) Elsewhere when accompanied by an express demand for a lesser 
amount.



Sec. 1.186  Allowable fees and expenses.

    (a) Awards will be based on rates customarily charged by persons 
engaged in the business of acting as attorneys, agents, and expert 
witnesses, even if the services were made available without charge or at 
reduced rate to the applicant.
    (b) No award for the fee of an attorney or agent under the rules in 
this subpart may exceed $125.00 per hour. No award to compensate an 
expert witness may exceed the highest rate at which the Department pays 
expert witnesses, which is set out at Sec. 1.150 of this part. However, 
an award also may include the reasonable expenses of the attorney, 
agent, or witness as a separate item, if the attorney, agent, or witness 
ordinarily charges clients separately for such expenses.
    (c) In determining the reasonableness of the fee sought for an 
attorney, agent, or expert witness, the adjudicative officer shall 
consider the following:
    (1) If the attorney, agent or witness is in private practice, his or 
her customary fee for similar services, or if an employee of the 
applicant, the fully allocated cost of the services;
    (2) The prevailing rate for similar services in the community in 
which the attorney, agent, or witness ordinarily performs services;
    (3) The time actually spent in the representation of the applicant;
    (4) The time reasonably spent in light of the difficulty or 
complexity of the issues in the proceeding; and
    (5) Such other factors as may bear on the value of the services 
provided.
    (d) The reasonable cost of any study, analysis, engineering report, 
test, project or similar matter prepared on behalf of a party may be 
awarded, to the extent that the charge for the service does not exceed 
the prevailing rate for similar services, and the study or other matter 
was necessary for preparation of the applicant's case.



Sec. 1.187  Rulemaking on maximum rates for attorney fees.

    (a) If warranted by an increase in the cost of living or by special 
circumstances (such as limited availability of attorneys qualified to 
handle certain types of proceedings), the Department may adopt 
regulations providing that attorney fees may be awarded at a rate higher 
than $125 per hour in some or all of the types of proceedings covered by 
this part. The Department will conduct any rulemaking proceedings for 
this purpose under the informal rulemaking procedures of the 
Administrative Procedure Act.

[[Page 65]]

    (b) Any person may file with the Department a petition for 
rulemaking to increase the maximum rate for attorney fees in accordance 
with Sec. 1.28 of this part. The petition should identify the rate the 
petitioner believes the Department should establish and the types of 
proceedings in which the rate should be used. It also should explain 
fully the reasons why the higher rate is warranted. The Department will 
respond to the petition within 60 days after it is filed, by initiating 
a rulemaking proceeding, denying the petition, or taking other 
appropriate action.



Sec. 1.188  Awards against other agencies.

    If an applicant is entitled to an award because it prevails over 
another agency of the United States that participates in a proceeding 
before the Department and takes a position that is not substantially 
justified, the award or an appropriate portion of the award shall be 
made against that agency.



Sec. 1.189  Delegations of authority.

    (a) Except as provided in paragraph (b) of this section, the 
Secretary of Agriculture delegates to the Judicial Officer authority to 
take final action on matters pertaining to the Act in proceedings 
covered by these rules. The Secretary by order may delegate authority to 
take final action on matters pertaining to the Act in particular cases 
to other subordinate officials or bodies.
    (b)(1) The Secretary of Agriculture delegates to the Director of the 
National Appeals Division authority to take final actions on matters 
pertaining to the Act for proceedings under 7 CFR part 11.
    (2) With respect to proceedings covered under Sec. 1.183(b)(1)(ii) 
of this part, the Board of Contract Appeals is authorized by statute (41 
U.S.C. 607) to take final action.

[68 FR 27435, May 20, 2003]

                  Information Required From Applicants



Sec. 1.190  Contents of application.

    (a) An application for an award of fees and expenses under EAJA 
shall identify the applicant and the proceeding for which an award is 
sought. Unless the applicant is an individual, the application shall 
state the number of employees of the applicant and describe briefly the 
type and purpose of its organization or business. The application shall 
also:
    (1) Show that the applicant has prevailed and identify the position 
of the Department that the applicant alleges was not substantially 
justified and shall briefly state the basis for such allegation; or
    (2) Show that the demand by the Department in the proceeding was 
substantially in excess of, and was unreasonable when compared with, the 
decision in the proceeding.
    (b) The application also shall, as appropriate, include a 
declaration that the applicant is a small entity as defined in 5 U.S.C. 
601 or a statement that the applicant's net worth does not exceed $2 
million (if an individual) or $7 million (for all other applicants, 
including their affiliates). However, an applicant may omit this 
statement if:
    (1) It attaches a copy of a ruling by the Internal Revenue Service 
that it qualifies as an organization described in section 501(c)(3) of 
the Internal Revenue Code (26 U.S.C. 501(c)(3)) or, in the case of a 
tax-exempt organization not required to obtain a ruling from the 
Internal Revenue Service on its exempt status, a statement that 
describes the basis for the applicant's belief that it qualifies under 
such section; or
    (2) It states that it is a cooperative association as defined in 
section 15(a) of the Agricultural Marketing Act (12 U.S.C. 114j(a)).
    (c) The application shall state the amount of fees and expenses for 
which an award is sought.
    (d) The application also may include any other matters that the 
applicant wishes the Department to consider in determining whether, and 
in what amount, an award should be made.
    (e) The application shall be signed by the applicant or an 
authorized officer or attorney of the applicant. It also shall contain 
or be accompanied by a written verification under oath or affirmation 
under penalty of perjury that the information provided in the 
application and all accompanying material

[[Page 66]]

is true and complete to the best of the signer's information and belief.



Sec. 1.191  Net worth exhibit.

    (a) An applicant, except a qualified tax-exempt organization or 
cooperative association, must provide with its application a detailed 
exhibit showing the net worth of the applicant and any affiliates (as 
defined in Sec. 1.184 of this part) when the proceeding was initiated. 
The exhibit may be in any form convenient to the applicant that provides 
full disclosure of the applicant's and its affiliates' assets and 
liabilities and is sufficient to determine whether the applicant 
qualifies under the standards in this subpart. The adjudicative officer 
may require an applicant to file additional information to determine its 
eligibility for an award.
    (b) Ordinarily, the net worth exhibit will be included in the public 
record of the proceeding. However, an applicant that objects to public 
disclosure of information in any portion of the exhibit and believes 
there are legal grounds for withholding it from disclosure may submit 
that portion of the exhibit directly to the adjudicative officer in a 
sealed envelope labeled ``Confidential Financial Information,'' 
accompanied by a motion to withhold the information from public 
disclosure. The motion shall describe the information sought to be 
withheld and explain, in detail, why it falls within one or more of the 
specific exemptions from mandatory disclosure under the Freedom of 
Information Act, 5 U.S.C. 552(b) (1) through (9). The material in 
question shall be served on counsel representing the agency against 
which the applicant seeks an award, but need not be served on any other 
party to the proceeding. If the adjudicative officer finds that the 
information should not be withheld from disclosure, it shall be placed 
in the public record of the proceeding. Otherwise, any request to 
inspect or copy the exhibit shall be disposed of in accordance with the 
established procedures of the Department under the Freedom of 
Information Act (Sec. Sec. 1.1 through 1.23 of this part).



Sec. 1.192  Documentation of fees and expenses.

    (a) The application shall be accompanied by full documentation of 
the fees and expenses, including the cost of any study, analysis, 
engineering report, test, project, or similar matter, for which an award 
is sought.
    (b) The documentation shall include an affidavit from any attorney, 
agent, or expert witness representing or appearing on behalf of the 
party, stating the actual time expended and the rate at which fees and 
other expenses were computed and describing the specific services 
performed.
    (1) The affidavit shall state the services performed. In order to 
establish the hourly rate, the affidavit shall state the hourly rate 
which is billed and paid by the majority of clients during the relevant 
time periods.
    (2) If no hourly rate is paid by the majority of clients because, 
for instance, the attorney or agent represents most clients on a 
contingency basis, the attorney or agent shall provide information about 
two attorneys or agents with similar experience, who perform similar 
work, stating their hourly rate.
    (c) The documentation also shall include a description of any 
expenses for which reimbursement is sought and a statement of the 
amounts paid and payable by the applicant or by any other person or 
entity for the services provided.
    (d) The adjudicative officer may require the applicant to provide 
vouchers, receipts, or other substantiation for any fees or expenses 
claimed, pursuant to Sec. 1.199 of this part.



Sec. 1.193  Time for filing application.

    (a) An application may be filed whenever the applicant has prevailed 
in the proceeding or in a significant and discrete substantive portion 
of the proceeding, but in no case later than 30 days after final 
disposition of the proceeding by the Department.
    (b) For the purposes of this subpart, final disposition means the 
date on which a decision or order disposing of the merits of the 
proceeding or any other complete resolution of the proceeding, such as a 
settlement or voluntary dismissal, become final and

[[Page 67]]

unappealable, both within the Department and to the courts.
    (c) If review or reconsideration is sought or taken of a decision as 
to which an applicant believes it has prevailed, proceedings for the 
award of fees shall be stayed pending final disposition of the 
underlying controversy. When the United States appeals the underlying 
merits of an adversary adjudication to a court, no decision on an 
application for fees and other expenses in connection with that 
adversary adjudication shall be made until a final and unreviewable 
decision is rendered by the court on the appeal or until the underlying 
merits of the case have been finally determined pursuant to the appeal.

                 Procedures for Considering Applications



Sec. 1.194  Filing and service of documents.

    Any application for an award or other pleading or document related 
to an application shall be filed and served on all parties to the 
proceeding in the same manner as other pleadings in the proceeding 
except as provided in Sec. 1.191 of this part for confidential 
financial information. The provisions relating to filing, service, 
extensions of time, and computation of time contained in Sec. 1.147 of 
this part are incorporated into and made applicable to this subpart, 
except that the statutory 30 day time limit on filing the application as 
set out in Sec. 1.193 of this part may not be extended.



Sec. 1.195  Answer to application.

    (a) Within 30 days after service of an application, agency counsel 
may file an answer. If agency counsel fails to timely answer or settle 
the application, the adjudicative officer, upon a satisfactory showing 
of entitlement by the applicant, may make an award for the applicant's 
allowable fees and expenses.
    (b) If agency counsel and the applicant believe that the issues in 
the fee application can be settled, they may jointly file a statement of 
intent to negotiate a settlement. The filing of this statement shall 
extend the time for filing an answer for an additional 30 days, and 
further extensions may be granted by the adjudicative officer upon 
request by agency counsel and the applicant.
    (c) The answer shall explain in detail any objections to the award 
requested and identify the facts relied on in support of agency 
counsel's position. If the answer is based on any alleged facts not 
already in the record of the proceeding, agency counsel shall include 
with the answer either supporting affidavits or a request for further 
proceedings under Sec. 1.199 of this part.



Sec. 1.196  Reply.

    Within 15 days after service of an answer, the applicant may file a 
reply. If the reply is based on any alleged facts not already in the 
record of the proceeding, the applicant shall include with the reply 
either supporting affidavits or a request for further proceedings under 
Sec. 1.199 of this part.



Sec. 1.197  Comments by other parties.

    Any party to a proceeding other than the applicant and agency 
counsel may file comments on an application within 30 days after it is 
served or on an answer within 15 days after it is served. A commenting 
party may not participate further in proceedings on the application, 
unless the adjudicative officer determines that the public interest 
requires such participation in order to permit full exploration of 
matters raised in the comments.



Sec. 1.198  Settlement.

    The applicant and agency counsel may agree on a proposed settlement 
of the award before final action on the application, either in 
connection with a settlement of the underlying proceeding, or after the 
underlying proceeding has been concluded. If a prevailing party and 
agency counsel agree on a proposed settlement of an award before an 
application has been filed, the application shall be filed with the 
proposed settlement.



Sec. 1.199  Further proceedings.

    (a) Ordinarily, the determination of an award will be made on the 
basis of the written record. However, on request of either the applicant 
or agency counsel, or on his or her own initiative,

[[Page 68]]

the adjudicative officer may order further proceedings, such as an 
informal conference, oral argument, additional written submissions or, 
as to issues other than substantial justification (such as the 
applicant's eligibility or substantiation of fees and expenses), 
pertinent discovery or an evidentiary hearing. Such further proceedings 
shall be held only when necessary for full and fair resolution of the 
issues arising from the application, and shall be conducted as promptly 
as possible. Whether the position of the Department was substantially 
justified shall be determined on the basis of the administrative record, 
as a whole, which is made in the adversary adjudication for which fees 
and other expenses are sought.
    (b) A request that the adjudicative officer order further 
proceedings under this section shall identify specifically the 
information sought or the disputed issues, and shall explain 
specifically why the additional proceedings are necessary to resolve the 
issues.
    (c) In the event that an evidentiary hearing is held, it shall be 
conducted pursuant to Sec. Sec. 1.130 through 1.151 of this part, 
except that any hearing in a proceeding covered by Sec. 1.183(a)(1)(ii) 
of this part shall be conducted pursuant to Rules 17 through 25 of the 
Board of Contract Appeals contained in Sec. 24.21 of this title.



Sec. 1.200  Decision.

    The adjudicative officer or Board of Contract Appeals shall issue an 
initial decision on the application as expeditiously as possible after 
completion of proceedings on the application. Whenever possible, the 
decision shall be made by the same administrative judge or panel that 
decided the contract appeal for which fees are sought. The decision 
shall include written findings and conclusions on the applicant's 
eligibility and status as a prevailing party, and an explanation of the 
reasons for any difference between the amount requested and the amount 
awarded. This decision also shall include, if at issue, findings on 
whether the position of the Department was substantially justified, 
whether the applicant unduly protracted the proceedings, or whether 
special circumstances make an award unjust. If the applicant has sought 
an award against more than one agency, the decision shall allocate 
responsibility for payment of any award made among the agencies, and 
shall explain the reasons for the allocation made.



Sec. 1.201  Department review.

    (a) Except with respect to a proceeding covered by Sec. 
1.183(a)(1)(ii) of this part either the applicant or agency counsel may 
seek review of the initial decision on the fee application, in 
accordance with the provisions of Sec. Sec. 1.145(a) and 1.146(a) of 
this part or in accordance with any delegation made pursuant to Sec. 
1.189 of this part. If neither the applicant nor agency counsel seeks 
review, the initial decision on the fee application shall become a final 
decision of the Department 35 days after it is served upon the 
applicant. If review is taken, it will be in accord with the provisions 
of Sec. Sec. 1.145(b) through (i) and 1.146(b) of this part, or
    (b) With respect to a proceeding covered by Sec. 1.183(a)(1)(ii) of 
this part, either party may seek reconsideration of the decision on the 
fee application in accordance with Rule 29 of the Board of Contract 
Appeals contained in Sec. 24.21 of this title. In addition, either 
party may appeal a decision of the Board of Contract Appeals to the 
Court of Appeals for the Federal Circuit in accordance with 41 U.S.C. 
607.



Sec. 1.202  Judicial review.

    Judicial review of final agency decisions on awards may be sought as 
provided in 5 U.S.C. 504(c)(2).



Sec. 1.203  Payment of award.

    An applicant seeking payment of an award shall submit to the head of 
the agency administering the statute involved in the proceeding a copy 
of the final decision of the Department granting the award, accompanied 
by a statement that the applicant will not seek review of the decision 
in the United States courts. The agency will pay the amount awarded to 
the applicant within 60 days, unless judicial review of the award or of 
the underlying decision of the adversary adjudication has been sought by 
the applicant or any other party to the proceeding.

[[Page 69]]



   Subpart K_Appearance of USDA Employees as Witnesses in Judicial or 
                       Administrative Proceedings

    Source: 55 FR 42347, Oct. 19, 1990, unless otherwise noted.



Sec. 1.210  Purpose.

    This subpart sets forth procedures governing the appearance of USDA 
employees as witnesses in order to testify or produce official documents 
in judicial or administrative proceedings when such appearance is in 
their official capacity or arises out of or is related to their 
employment with USDA. These regulations do not apply to appearances by 
USDA employees as witnesses in judicial or administrative proceedings 
which are purely personal or do not arise out of or relate to their 
employment with USDA. This subpart also does not apply to Congressional 
requests or subpoenas for testimony or documents.



Sec. 1.211  Definitions.

    (a) Administrative proceeding means any proceeding pending before 
any federal, state, or local agency and undertaken for the purpose of 
the issuance of any regulations, orders, licenses, permits, or other 
rulings, or the adjudication of any matter, dispute, or controversy.
    (b) Appearance means testimony or production of documents the 
request for which arises out of an employee's official duties with USDA 
or relates to his or her employment with USDA. For the purpose of this 
subpart, an appearance also includes an affidavit, deposition, 
interrogatory, or other required written submission.
    (c) Judicial proceeding means any case or controversy pending before 
any federal, state, or local court.
    (d) Travel expenses means the amount of money paid to a witness for 
reimbursement for transportation, lodging, meals, and other 
miscellaneous expenses in connection with attendance at a judicial or 
administrative proceeding.
    (e) USDA means the United States Department of Agriculture.
    (f) USDA agency means an organizational unit of USDA whose head 
reports to an official within the Office of the Secretary of 
Agriculture.
    (g) Valid summons, subpoena, or other compulsory process means an 
order that is served properly and within the legal authority and the 
jurisdictional boundaries of the court or administrative agency or 
official that has issued it.
    (h) Witness fees means the amount of money paid to a witness as 
compensation for attendance at a judicial or administrative proceeding.



Sec. 1.212  General.

    No USDA employee may provide testimony or produce documents in a 
judicial or administrative proceeding unless authorized in accordance 
with this subpart.



Sec. 1.213  Appearance as a witness on behalf of the United States.

    An employee of USDA may appear as a witness on behalf of the United 
States in any judicial or administrative proceeding without the issuance 
of a summons, subpoena, or other compulsory process. Employees should 
obtain permission for such an appearance from their immediate supervisor 
unless the USDA agency or General Counsel has issued instructions 
providing otherwise.



Sec. 1.214  Appearance as a witness on behalf of a party other than
the United States where the United States is not a party.

    (a) An employee of USDA served with a valid summons, subpoena, or 
other compulsory process demanding his or her appearance, or otherwise 
requested to appear on behalf of a party other than the United States in 
a judicial or administrative proceeding in which the United States is 
not a party, shall promptly notify the head of his or her USDA agency of 
the existence and nature of the order compelling his or her appearance, 
or of the document requesting his or her attendance. He or she shall 
also specify, if that is known, the nature of the judicial or 
administrative proceeding and the nature of the testimony or documents 
requested.
    (b)(1) An employee of USDA served with a valid summons, subpoena, or

[[Page 70]]

other compulsory process, or requested to appear as a witness on behalf 
of a party other than the United States in a judicial or administrative 
proceeding in which the United States is not a party, may appear only if 
such appearance has been authorized by the head of his or her USDA 
agency, with the concurrence of the General Counsel, based upon a 
determination that such an appearance is in the interest of USDA.
    (2) An employee of USDA requested to appear as a witness on behalf 
of a party other than the United States in a judicial or administrative 
proceeding in which the United States is not a party, without the 
service of a valid summons, subpoena, or other compulsory process, may 
appear only if such appearance has been authorized by the head of his or 
her USDA agency and approved by the appropriate Assistant Secretary, 
Under Secretary or other general officer, and by the General Counsel, 
based upon a determination that such an appearance is in the interest of 
USDA.
    (c) Unless an appearance is authorized as provided in paragraphs 
(b)(1) or (b)(2) of this section, the employee shall appear at the 
stated time and place (unless advised by the General Counsel or his or 
her designee that the summons, subpoena, or other process was not 
validly issued or served), produce a copy of these regulations and 
respectfully decline to provide any testimony. As appropriate, the 
General Counsel or his or her designee will request the assistance of 
the Department of Justice or of a United States Attorney, in the case of 
a judicial proceeding; or of the official or attorney representing the 
United States, in the case of an administrative proceeding, to represent 
the interests of the employee and USDA.
    (d) If there is any question regarding the validity of a summons, 
subpoena, or other compulsory process, an employee shall contact the 
Office of the General Counsel for advice.
    (e)(1) In determining whether the employee's appearance is in the 
interest of USDA, authorizing officials should consider the following:
    (i) what interest of USDA would be promoted by the employee's 
testimony;
    (ii) whether an appearance would result in an unnecessary 
interference with the duties of the USDA employee;
    (iii) whether an employee's testimony would result in the appearance 
of improperly favoring one litigant over another.
    (2) The considerations listed in paragraph (e)(1) of this section 
are illustrative and not exhaustive.



Sec. 1.215  Subpoenas duces tecum for USDA records in judicial or 
administrative proceedings in which the United States is not a party.

    (a) Subpoenas duces tecum for USDA records in judicial or 
administrative proceedings in which the United States is not a party 
shall be deemed to be requests for records under the Freedom of 
Information Act and shall be handled pursuant to the rules governing 
public disclosure under subpart A of this part.
    (b) Whenever a subpoena duces tecum compelling the production of 
records is served on a USDA employee in a judicial or administrative 
proceeding in which the United States is not a party, the employee, 
after consultation with the General Counsel or his or her designee, 
shall appear in response thereto, respectfully decline to produce the 
records on the grounds that it is prohibited by this section and state 
that the production of the records involved will be handled in 
accordance with subpart A of this part.



Sec. 1.216  Appearance as a witness or production of documents on behalf
of a party other than the United States where the United States is a party.

    (a) An employee of USDA served with a valid summons, subpoena, or 
other compulsory process demanding his or her appearance, or otherwise 
requested to appear or produce documents on behalf of a party other than 
the United States in a judicial or administrative proceeding in which 
the United States is a party, shall promptly notify the head of his or 
her USDA agency and the General Counsel or his or her designee of the 
existence and nature of the order compelling his or her appearance, or 
of the document requesting his or her appearance. He or she shall also 
specify, if that is known, the nature of

[[Page 71]]

the judicial or administrative proceeding and the nature of the 
testimony or documents requested.
    (b)(1) Except as provided in paragraph (b)(2) of this section, an 
employee of USDA only may appear as a witness or produce records on 
behalf of a party other than the United States in a judicial or 
administrative proceeding in which the United States is a party if such 
appearance or production has been ordered by the service on the employee 
of a valid summons, subpoena, or other compulsory process issued by a 
court, administrative agency, or other official authorized to compel his 
or her appearance.
    (2) An employee requested to appear as a witness or produce records 
on behalf of a party other than the United States in a judicial or 
administrative proceeding in which the United States is a party, without 
being served a valid summons, subpoena, or other compulsory process, may 
appear or produce records only if such appearance or production has been 
authorized by a representative of the Department of Justice, the United 
States Attorney, or other counsel who is representing the United States 
in the case of a judicial proceeding; or by the official or attorney 
representing the United States, in the case of an administrative 
proceeding.
    (c) The head of the USDA agency shall consult with the General 
Counsel or his or her designee as to whether there are grounds to oppose 
the employee's attendance or production of documents and, if so, whether 
to seek to quash the summons, subpoena, compulsory process, or to deny 
authorization under paragraph (b)(2) of this section.
    (d) As appropriate, the General Counsel or his or her designee will 
request the assistance of the Department of Justice, a United States 
Attorney, or other counsel representing the United States, in the case 
of a judicial proceeding; or of the official or attorney representing 
the United States, in the case of an administrative proceeding, to 
represent the interest of the employee and USDA.
    (e) If there is any question regarding the validity of a summons, 
subpoena, or other compulsory process, an employee shall contact the 
Office of the General Counsel for advice.



Sec. 1.217  Witness fees and travel expenses.

    (a) Any employee of USDA who attends a judicial or administrative 
proceeding as a witness in order to testify or produce official 
documents on behalf of the United States is entitled to travel expenses 
in connection with such appearance in accordance with the Agriculture 
Travel Regulations.
    (b) An employee of USDA who attends a judicial or administrative 
proceeding on behalf of the United States is not entitled to receive 
fees for such attendance.
    (c) An employee of USDA who attends a judicial or administrative 
proceeding on behalf of a party other than the United States when such 
appearance is in his or her official capacity or arises out of or 
relates to his or her employment with USDA is entitled to travel 
expenses in accordance with the Agriculture Travel Regulations to the 
extent that such expenses are not paid for by the court, agency, or 
official compelling his or her appearance or by the party on whose 
behalf he or she appears.
    (d) An employee of USDA who attends a judicial or administrative 
proceeding on behalf of a party other than the United States when such 
appearance is in his or her official capacity or arises out of or 
relates to his or her employment with USDA is required to collect the 
authorized fees for such service and remit such fees to his or her USDA 
agency.



Sec. 1.218  Penalty.

    An employee who testifies or produces records in a judicial or 
administrative proceeding in violation of the provisions of this 
regulation shall be subject to disciplinary action.



Sec. 1.219  Delegations.

    (a) Except as provided in paragraphs (b), (c), or (d) of this 
section, the head of a USDA agency may delegate his or her 
responsibilities under this subpart, including the requirement to be 
notified of the receipt of a subpoena as provided in Sec. Sec. 1.214(a) 
and 1.216(a) of this

[[Page 72]]

part, to employees of his or her agency as follows:
    (1) In the National office of the agency, to a level no lower than 
two levels below the agency head;
    (2) In a field component of an agency, to a level no lower than the 
official who heads a state office.
    (b) Notwithstanding paragraph (a) of this section, the Chief of the 
Forest Service may delegate his responsibilities under this subpart as 
follows:
    (1) In the National office of the Forest Service, to a level no 
lower than a Deputy Chief of the Forest Service;
    (2) In a field component of the Forest Service, to a level no lower 
than a Regional Forester or Station Director.
    (c) Notwithstanding paragraph (a) of this section, the General 
Counsel may delegate his responsibilities under this subpart as follows:
    (1) In the National office of the Office of the General Counsel, to 
a level no lower than an Assistant General Counsel;
    (2) In the field component of the Office of the General Counsel, to 
Regional Attorneys who may redelegate their responsibilities to 
Associate Regional Attorneys and Assistant Regional Attorneys who report 
to them.
    (d) The responsibilities assigned to heads of agencies and to 
Assistant and Under Secretaries in Sec. 1.214(b)(2) of this part may 
not be redelegated.

[58 FR 62495, Nov. 29, 1993; 58 FR 64353, Dec. 6, 1993]



   Subpart L_Procedures Related to Administrative Hearings Under the 
                Program Fraud Civil Remedies Act of 1986

    Authority: 31 U.S.C. 3801-3812.

    Source: 56 FR 9582, Mar. 7, 1991, unless otherwise noted. Correctly 
designated at 57 FR 3909, Feb. 3, 1992.



Sec. 1.301  Basis, purpose and scope.

    (a) Basis. This subpart implements the Program Fraud Civil Remedies 
Act of 1986, Public Law No. 99-509, Sections 6101-6104, 100 Stat. 1874 
(1986). This statute added 31 U.S.C. 3801-3812. Section 3809 of Title 
31, United States Code, requires the Secretary to promulgate regulations 
necessary to implement the provisions of the statute.
    (b) Purpose. This subpart--
    (1) Establishes administrative procedures for imposing civil 
penalties and assessments against persons who make, submit, or present, 
or cause to be made, submitted, or presented, false, fictitious, or 
fraudulent claims or written statements to authorities or to their 
agents, and
    (2) Specifies the hearing and appeal rights of persons subject to 
allegations of liability for such penalties and assessments.
    (c) Scope. The procedures for imposing civil penalties and 
assessments established by this subpart are intended to enhance existing 
administrative enforcement efforts against fraud and to provide an 
additional remedy against false, fictitious, and fraudulent claims and 
statements in the programs administered by this Department.



Sec. 1.302  Definitions.

    (a) Agency means a constituent organizational unit of the USDA.
    (b) Agency Fraud Claims Officer--(AFCO) means an officer or employee 
of an agency who is designated by the head of that agency to receive the 
reports of the investigating official, evaluate evidence, and make a 
recommendation to the reviewing official with respect to the 
determination required under Sec. 1.305 of this part.
    (c) ALJ means an Administrative Law Judge in USDA appointed pursuant 
to 5 U.S.C. 3105 or detailed to the USDA pursuant to 5 U.S.C. 3344.
    (d) Authority means the USDA.
    (e) Benefits means, except as otherwise defined in this subpart, 
anything of value, including but not limited to any advantage, 
preference, privilege, license, permit, favorable decision, ruling, 
status, or loan guarantee.
    (f) Claim means any request, demand, or submission--
    (1) Made to USDA for property, services, or money (including money 
representing grants, loans, insurance, or benefits);
    (2) Made to a recipient of property, services, or money from USDA or 
to a party to a contract with USDA--
    (i) For property or services if the United States--

[[Page 73]]

    (A) Provided such property or services; or
    (B) Provided any portion of the funds for the purchase of such 
property or services; or
    (C) Will reimburse such recipient or party for the purchase of such 
property or services; or
    (ii) For the payment of money (including money representing grants, 
loans, insurance, or benefits) if the United States--
    (A) Provided any portion of the money requested or demanded; or
    (B) Will reimburse such recipient or party for any portion of the 
money paid on such request or demand; or
    (3) Made to USDA which has the effect of decreasing an obligation to 
pay or account for property, services, or money.
    (g) Complaint means the written notice served by the reviewing 
official on the respondent under Sec. 1.307 of this part.
    (h) Days means business days for all periods referred to in these 
regulations of 10 days or less and calendar days for all periods 
referred to in these regulations in excess of 10 days.
    (i) Family means the individual's parents, spouse, siblings, 
children, and grandchildren with respect to an individual making a claim 
or statement for benefits.
    (j) Government means the United States Government.
    (k) Household means a family or one or more individuals occupying a 
single residence.
    (l) Individual means a natural person.
    (m) Investigating official means the Inspector General of USDA or an 
officer or employee of the Office of Inspector General designated by the 
Inspector General and serving in a position for which the rate of basic 
pay is not less than the minimum rate of basic pay for grade GS-16 under 
the General Schedule.
    (n) Judicial officer means an official of USDA delegated authority 
by the Secretary, pursuant to the Act of April 4, 1940 (7 U.S.C. 450c-
450g) and Reorganization Plan No. 2 of 1953, 67 Stat. 633, as amended by 
Public Law No. 97-325 (7 U.S.C. 2201n.), to perform the adjudicating 
function for the Department under Sec. 2.35 of this title, or the 
Secretary if he exercises the authority so delegated.
    (o) Knows or has reason to know means that a person, with respect to 
a claim or statement--
    (1)(i) Has actual knowledge that the claim or statement is false, 
fictitious, or fraudulent;
    (ii) Acts in deliberate ignorance of the truth or falsity of the 
claim or statement; or
    (iii) Acts in reckless disregard of the truth or falsity of the 
claim or statement; and
    (2) No proof of specific intent to defraud is required.
    (p) Makes means presents, submits, or causes to be made, presented, 
or submitted. As the context requires, ``making'' or ``made'' shall 
likewise include the corresponding forms of such terms.
    (q) Person means any individual, partnership, corporation, 
association, or private organization, and includes the plural of that 
term.
    (r) Representative means an attorney who is a member in good 
standing of the bar of any State, Territory, or possession of the United 
States or of the District of Columbia or the Commonwealth of Puerto 
Rico. This definition is not intended to foreclose pro se appearances. 
An individual may appear for himself or herself, and a corporation or 
other entity may appear by an owner, officer, or employee of the 
corporation or entity.
    (s) Respondent means any person alleged in a complaint issued under 
Sec. 1.308 of this part to be liable for a civil penalty or assessment 
under Sec. 1.303 of this part.
    (t) Reviewing official means an officer or employee of USDA--
    (1) Who is designated by the Secretary to make the determination 
required under Sec. 1.305 of this part;
    (2) Who is serving in a position for which the rate of basic pay is 
not less than the minimum rate of basic pay for grade GS-16 under the 
General Schedule; and
    (3) Who is--
    (i) Not subject to supervision by, or required to report to, the 
investigating official; and
    (ii) Not employed in the organizational unit of USDA in which the 
investigating official is employed.

[[Page 74]]

    (u) Secretary means the Secretary of Agriculture.
    (v) Statement means any representation, certification, affirmation, 
document, record, or accounting or bookkeeping entry made--
    (1) With respect to a claim or to obtain the approval or payment of 
a claim (including relating to eligibility to make a claim); or
    (2) With respect to (including relating to eligibility for)--
    (i) A contract with, or a bid or proposal for a contract with; or
    (ii) A grant, loan, or benefit from, USDA, or any State, political 
subdivision of a State, or other party, if the United States Government 
provides any portion of the money or property under such contract or for 
such grant, loan, or benefit, or if the Government will reimburse such 
State, political subdivision, or party for any portion of the money or 
property under such contract or for such grant, loan, or benefit.
    (w) USDA means the U.S. Department of Agriculture.



Sec. 1.303  Basis for civil penalties and assessments.

    (a) Claims. (1) Except as provided in paragraph (c) of this section, 
any person who makes a claim that the person knows or has reason to 
know--
    (i) Is false, fictitious, or fraudulent;
    (ii) Includes or is supported by any written statement which asserts 
a material fact which is false, fictitious, or fraudulent;
    (iii) Includes or is supported by any written statement that--
    (A) Omits a material fact;
    (B) Is false, fictitious, or fraudulent as a result of such 
omission; and
    (C) Is a statement in which the person making such statement has a 
duty to include such material fact; or
    (iv) Is for payment for the provision of property or services which 
the person has not provided as claimed, shall be subject, in addition to 
any other remedy that may be prescribed by law, to a civil penalty of 
not more than the amount specified at Sec. 3.91(b)(11)(i) of this title 
for each such claim.
    (2) Each voucher, invoice, claim form, or other individual request 
or demand for property, services, food coupons, or money constitutes a 
separate claim.
    (3) A claim shall be considered made to the USDA, recipient, or 
party when such claim is actually made to an agent, fiscal intermediary, 
or other entity, including any State or political subdivision thereof, 
acting for or on behalf of the USDA, recipient, or party.
    (4) Each claim for property, services, food coupons, or money is 
subject to a civil penalty regardless of whether such property, 
services, food coupons, or money is actually delivered or paid.
    (5) If the Government has made payment (including transferred 
property or provided services) on a claim, a person subject to a civil 
penalty under paragraph (a)(1) of this section shall also be subject to 
an assessment of not more than twice the amount of such claim or that 
portion thereof that is determined to be in violation of paragraph 
(a)(1) of this section. Such assessment shall be in lieu of damages 
sustained by the Government because of such claim.
    (b) Statements. (1) Except as provided in paragraph (c) of this 
section, any person who makes a written statement that--
    (i) The person knows or has reason to know--
    (A) Asserts a material fact which is false, fictitious, or 
fraudulent; or
    (B) Is false, fictitious, or fraudulent because it omits a material 
fact that the person making the statement had a duty to include in such 
statement; and
    (ii) Contains or is accompanied by an express certification or 
affirmation of the truthfulness and accuracy of the contents of the 
statement, shall be subject, in addition to any other remedy that may be 
prescribed by law, to a civil penalty of not more than the amount 
specified at Sec. 3.91(b)(11)(ii) of this title for each such 
statement.
    (2) Each written representation, certification, or affirmation 
constitutes a separate statement.
    (3) A statement shall be considered made to the USDA when such 
statement is actually made to an agent, fiscal intermediary, or other 
entity, including any State or political subdivision thereof, acting for 
or on behalf of the USDA.

[[Page 75]]

    (c) Benefits. (1) In the case of any claim or statement made by any 
individual relating to any of the benefits listed in paragraph (c)(2) of 
this section received by such individual, such individual may be held 
liable for penalties and assessments under this section only if such 
claim or statement is made by such individual in making application for 
such benefits with respect to such individual's eligibility to receive 
such benefits.
    (2) For purposes of this paragraph, the term benefits means--
    (i) Benefits under the food stamp program established under the Food 
Stamp Act of 1977 which are intended as food assistance for the personal 
use of the individual who receives the benefits or for a member of the 
individual's family or household (as defined in section 3(h) of the Food 
Stamp Act of 1977);
    (ii) Benefits under the National School Lunch Act;
    (iii) Benefits under any housing assistance program for lower income 
families or elderly or handicapped persons which is administered by the 
Secretary or USDA;
    (iv) Benefits under the special supplemental food program for women, 
infants, and children established under section 17 of the Child 
Nutrition Act of 1966 which are intended for the personal use of the 
individual who receives the benefits or for a member of the individual's 
family or household.
    (d) Intent. No proof of specific intent to defraud is required to 
establish liability under this section.
    (e) More than one person liable. In any case in which it is 
determined that more than one person is liable for making a claim or 
statement under this section, each person may be held liable for a civil 
penalty under this section.
    (f) Joint and several liability. In any case in which it is 
determined that more than one person is liable for making a claim under 
this section on which the government has made payment (including 
transferred property or provided services), an assessment may be imposed 
against any such person or jointly and severally against any combination 
of such persons. The aggregate amount of the assessments collected with 
respect to such claim shall not exceed twice the portion of such claim 
determined to be in violation of paragraph (a)(1) of this section.

[56 FR 9582, Mar. 7, 1991. Correctly designated at 57 FR 3909, Feb. 3, 
1992, as amended at 75 FR 17556, Apr. 7, 2010]



Sec. 1.304  Investigation.

    (a) The investigating official may investigate allegations that a 
person is liable under Sec. 1.303 of this part.
    (b) If an investigating official concludes that a subpoena pursuant 
to the authority conferred by 31 U.S.C. 3804(a) is warranted, the 
investigating officer may issue a subpoena, which shall notify the 
person to whom it is addressed of the authority under which it is issued 
and shall identify the information, documents, reports, answers, 
records, accounts, papers, or data sought.
    (c) The investigating official may designate a person to act on his 
behalf to receive the documents or other materials sought by a subpoena 
issued under paragraph (b) of this section.
    (d) The person receiving such subpoena shall be required to tender 
to the investigating official or the person designated to receive the 
documents a certification that the documents or other materials sought 
have been produced, or that such documents or other materials are not 
available and the reasons therefore, or that such documents or other 
materials, suitably identified, have been withheld based upon the 
assertion of an identified privilege.
    (e) Each agency shall develop criteria for determining which 
allegations that a person is liable under Sec. 1.303 of this part are 
to be referred to the investigating official.
    (f) If the investigating official concludes that an action under the 
Program Fraud Civil Remedies Act may be warranted, the investigating 
official shall submit a report containing findings and conclusions of 
such investigation to the reviewing official.
    (g) Nothing in this section shall preclude or limit an investigating 
official's discretion to refer allegations directly to the Department of 
Justice for suit under the False Claims Act or other civil relief, nor 
preclude or limit such official's discretion to defer or

[[Page 76]]

postpone a report or referral to the reviewing official in order to 
avoid interference with a criminal investigation or prosecution.
    (h) Nothing in this section modifies any responsibility of an 
investigating official to report violations of criminal law to the 
Attorney General.



Sec. 1.305  Review by the reviewing official.

    (a) Upon receipt of the report of the investigating official, the 
reviewing official may refer the report to the appropriate agency fraud 
claims officer (AFCO) for a recommendation with respect to the 
determination required under this section.
    (b) The AFCO shall evaluate the evidence and make a recommendation 
to the reviewing officer within 45 days of receipt of the report of the 
investigating official.
    (c) The reviewing official is not bound by the recommendation of the 
AFCO, and may accept or reject it.
    (d) If, based on the report of the investigating official under 
Sec. 1.304(f) of this part, the reviewing official determines that 
there is adequate evidence to believe that a person is liable under 
Sec. 1.303 of this part, the reviewing official shall transmit to the 
Attorney General a written notice of the reviewing official's intention 
to issue a complaint under Sec. 1.307 of this part.
    (e) Such notice shall include--
    (1) A statement of the reviewing official's reasons for issuing a 
complaint;
    (2) A statement of the evidence that supports the allegations of 
liability;
    (3) A description of the claims or statements upon which the 
allegations of liability are based;
    (4) An estimate of the amount of money or the value of property, 
services, or other benefits requested or demanded in violation of Sec. 
1.303 of this part;
    (5) A statement of any exculpatory or mitigating circumstances that 
may relate to the claims or statements;
    (6) A statement that there is a reasonable prospect of collecting 
the amount specified in Sec. 1.307(b)(2) of this part and the reasons 
supporting such statement.



Sec. 1.306  Prerequisites for issuing a complaint.

    The reviewing official may issue a complaint under Sec. 1.307 of 
this part only if:
    (a) The Attorney General or an Assistant Attorney General designated 
by the Attorney General approves the issuance of a complaint in a 
written statement as provided in 31 U.S.C. 3803(b)(1);
    (b) In the case of allegations of liability under Sec. 1.303(a) of 
this part with respect to a claim, the reviewing official determines 
with respect to such claim, or a group of related claims submitted at 
the same time, that the amount of money or the value of property or 
services demanded or requested in violation of Sec. 1.303(a) of this 
part does not exceed $150,000; and
    (c) For the purposes of this section, a group of related claims 
submitted at the same time shall include only those claims arising from 
the same transaction (e.g., a single grant, loan, application, or 
contract) that are submitted simultaneously as part of a single request, 
demand, or submission, regardless of the amount of money or the value of 
property or services demanded or requested.
    (d) Nothing in this section shall be construed to limit the 
reviewing official's authority to join in a single complaint against a 
person claims that are unrelated or were not submitted simultaneously, 
regardless of the amount of money or the value of property or services 
demanded or requested.



Sec. 1.307  Complaint.

    (a) On or after the date the Department of Justice approves the 
issuance of a complaint in accordance with 31 U.S.C. 3803(b)(1), the 
reviewing official may serve a complaint on the respondent, as provided 
in Sec. 1.308 of this part.
    (b) The complaint shall state--
    (1) The allegations of liability, including the statutory basis for 
liability, an identification of the claims or statements that are the 
basis for the alleged liability, and the reasons that liability 
allegedly arises from such claims or statements;
    (2) The maximum amount of penalties and assessments for which the 
respondent may be held liable;

[[Page 77]]

    (3) Instructions for requesting a hearing, including a specific 
advice of the respondent's right to request a hearing and to be 
represented by a representative; and
    (4) That failure to file an answer within 30 days of service of the 
complaint may result in the imposition of the penalty and assessment 
sought in the complaint without right to appeal.
    (c) At the same time the reviewing official serves the complaint, he 
or she shall serve the respondent with a copy of these regulations.



Sec. 1.308  Service of complaint and notice of hearing.

    (a) Service of a complaint or notice of hearing shall be made by 
certified or registered mail or by delivery in any manner authorized by 
Rule 4(d) of the Federal Rules of Civil Procedure.
    (b) Proof of service, stating the name and address of the person on 
whom the notice was served, and the manner and date of service, shall be 
made by:
    (1) Affidavit of the individual making service;
    (2) An acknowledged United States Postal Service return receipt 
card; or
    (3) Written acknowledgment by the respondent or his representative.



Sec. 1.309  Answer and request for hearing.

    (a) Within 30 days of the date of receipt or refusal to accept 
service of the complaint, the respondent may file an answer with the 
reviewing official.
    (b) In the answer, the respondent--
    (1) Shall admit or deny each of the allegations of liability made in 
the complaint;
    (2) Shall state any defense upon which the respondent intends to 
rely;
    (3) Shall state the name, address, and telephone number of the 
person authorized to act as the respondent's representative, if any;
    (4) May state any reasons why the respondent contends the penalty 
and assessment should be reduced or modified; and
    (5) May request a hearing.



Sec. 1.310  Default upon failure to file an answer.

    (a) If the respondent does not file an answer within the time 
prescribed in Sec. 1.309(a) of this part, the reviewing official may 
refer the complaint together with proof of service to the ALJ and 
request that the ALJ issue an order of default imposing the penalties 
and assessments sought in the complaint. An answer must comply in all 
material respects with Sec. 1.309(b) of this part in order to be 
considered filed within the time prescribed in Sec. 1.310(a) of this 
part.
    (b) Upon the referral of the complaint under paragraph (a) of this 
section, the ALJ shall promptly serve on the respondent, in the manner 
prescribed in Sec. 1.308 of this part, a notice that a decision will be 
issued under this section.
    (c) If the respondent fails to answer, the ALJ shall assume the 
facts alleged in the complaint to be true and, if such facts establish 
liability under Sec. 1.303 of this part, the ALJ shall issue a decision 
imposing the penalties and assessments sought in the complaint, not to 
exceed the maximum amount allowed under the statute.
    (d) A respondent who fails to file a timely answer waives any right 
to a review of the penalty and assessment, unless he can demonstrate 
extraordinary circumstances justifying the failure to file an answer.



Sec. 1.311  Referral of complaint and answer to the ALJ.

    Upon receipt of an answer, the reviewing official shall send to the 
ALJ copies of the complaint, proof of service, and the answer.



Sec. 1.312  Procedure where respondent does not request a hearing.

    (a) If the respondent files an answer with the reviewing official 
within the time period prescribed in Sec. 1.309(a) of this part but 
does not request a hearing, the ALJ, upon receipt of the complaint, 
proof of service, and answer, shall notify the respondent that a 
decision will be issued under this section and shall afford the parties 
30 days in which to submit documentary evidence or other relevant 
written information, including briefs or other written arguments. At the 
end of that period, the ALJ shall issue a decision based upon the 
pleadings and the evidence submitted, or if no evidence has been 
submitted, upon the pleadings. The burden

[[Page 78]]

of proof shall be as set forth in Sec. 1.329 of this part.
    (b) When a decision is to be issued under this section, the ALJ 
shall have discretion to permit, allow, limit, or otherwise control 
discovery to the extent set forth under Sec. Sec. 1.322 thru 1.324 of 
this part.



Sec. 1.313  Procedure where respondent requests a hearing; notice of hearing.

    (a) When the ALJ receives the complaint, proof of service, and an 
answer requesting a hearing, the ALJ shall promptly serve, in accordance 
with Sec. 1.308 of this part, a notice of hearing on all parties.
    (b) Such notice shall include:
    (1) The tentative time and place, and the nature of the hearing;
    (2) The legal authority and jurisdiction under which the hearing is 
to be held;
    (3) The matters of fact and law to be asserted;
    (4) A description of the procedures for the conduct of the hearing;
    (5) The name, address, and telephone number of the representative 
for the USDA and the representative for the respondent, if any; and
    (6) Such other matters as the ALJ deems appropriate.



Sec. 1.314  Parties to the hearing.

    (a) The parties to the hearing shall be the respondent and USDA. The 
proceeding shall be brought in the name of the Secretary.
    (b) Pursuant to 31 U.S.C. 3730(c)(5), a private party plaintiff 
under the False Claims Act may participate in proceedings under this 
subpart to the extent authorized by the provisions of that Act.



Sec. 1.315  Separation of functions.

    (a) Neither the investigating official, the reviewing official, nor 
any employee or agent of the USDA who takes part in investigating, 
preparing, or presenting a particular case may, in such case or in a 
factually related case--
    (1) Conduct the hearing in such case;
    (2) Participate in or advise the ALJ in the decision in such case, 
or participate in or advise in the review of the decision in such case 
by the judicial officer, except as a witness or representative in public 
proceedings; or
    (3) Make the collection of penalties and assessments under Sec. 
1.341 of this part.
    (b) The ALJ shall not be responsible to or subject to the 
supervision or direction of the investigating official or the reviewing 
official.
    (c) Except to the extent limited by paragraph (a) of this section, 
the representative for USDA may be employed in any constituent agency of 
USDA, including the offices of either the investigating official or the 
reviewing official.



Sec. 1.316  Ex parte contacts.

    Except to the extent required for the disposition of ex parte 
matters as authorized by law, the ALJ shall not consult or be consulted 
by any person or party (except employees of the ALJ's office) on any 
matter in issue, unless on notice and opportunity for all parties to 
participate.



Sec. 1.317  Disqualification of reviewing official or ALJ.

    (a) A reviewing official or ALJ in a particular case may disqualify 
himself or herself at any time.
    (b) A party may file with the ALJ a motion for disqualification of a 
reviewing official or an ALJ. Such motion shall be accompanied by an 
affidavit alleging personal bias or other reason for disqualification.
    (c) Such motion and affidavit shall be filed promptly upon the 
party's discovery of reasons requiring disqualification, or such 
objections shall be deemed waived.
    (d) Such affidavit shall state specific facts that support the 
party's belief that personal bias or other reason for disqualification 
exists and the time and circumstances of the party's discovery of such 
facts. It shall be accompanied by a certificate of the representative of 
record that it is made in good faith.
    (e) Upon the filing of such a motion and affidavit, the ALJ shall 
proceed no further in the case until he or she resolves the matter of 
disqualification in accordance with paragraph (f).
    (f)(1) If the ALJ determines that a reviewing official is 
disqualified, the ALJ

[[Page 79]]

shall dismiss the complaint without prejudice.
    (2) If the ALJ disqualifies himself or herself, the case shall be 
reassigned promptly to another ALJ.
    (3) If the ALJ denies a motion to disqualify, the authority head may 
determine the matter only as part of his or her review of the initial 
decision upon appeal, if any.



Sec. 1.318  Rights of parties.

    All parties may:
    (a) Be accompanied, represented, and advised by a representative;
    (b) Participate in any prehearing or post-hearing conference held by 
the ALJ;
    (c) Agree to stipulations of fact or law, which shall be made part 
of the record;
    (d) Conduct discovery;
    (e) Make opening and closing statements at the hearing;
    (f) Present evidence relevant to the issues at the hearing;
    (g) Cross examine witnesses;
    (h) Present oral arguments at the hearings; and
    (i) Submit written briefs, proposed findings of fact, and proposed 
conclusions of law after the hearing.



Sec. 1.319  Authority of the ALJ.

    (a) The ALJ shall conduct a fair and impartial hearing, avoid delay, 
maintain order, and assure that a record of the proceedings is made.
    (b) The ALJ may:
    (1) Set and change the date, time, and place of the hearing upon 
reasonable notice to the parties;
    (2) Continue or recess the hearing in whole or part for a reasonable 
period of time;
    (3) Hold conferences to identify or simplify the issues, or to 
consider other matters that may aid in the expeditious disposition of 
the proceeding;
    (4) Administer oaths and affirmations;
    (5) Issue subpoenas requiring the attendance of witnesses and the 
production of documents at depositions or at hearings;
    (6) Rule on motions and other procedural matters;
    (7) Regulate the scope and timing of discovery;
    (8) Regulate the course of the hearing and the conduct of attorneys 
and parties;
    (9) Examine witnesses;
    (10) Receive, rule on, exclude, or limit evidence;
    (11) Upon motion of a party take official notice of facts;
    (12) Upon motion of a party, decide cases, in whole or in part, by 
summary judgment where there is no disputed issue of material fact;
    (13) Conduct any conference, argument, or hearing on motions in 
person or by telephone; and
    (14) Exercise such other authority as is necessary to carry out the 
responsibilities of the ALJ under this subpart.
    (c) The ALJ does not have the authority to decide upon the validity 
of Federal statutes, regulations, or legal opinions.



Sec. 1.320  Prehearing conferences.

    (a) The ALJ may schedule a prehearing conference at a reasonable 
time in advance of the hearing and may schedule additional prehearing 
conferences as appropriate.
    (b) The ALJ may conduct any prehearing conference in person or by 
telephone.
    (c) The ALJ may use prehearing conferences to discuss the following 
matters:
    (1) Simplification of the issues;
    (2) The necessity or desirability of amendments to the pleadings, 
including the need for a more definite statement;
    (3) Stipulations, admissions of fact or as to the contents and 
authenticity of documents;
    (4) Whether the parties can agree to submission of the case on a 
stipulated record;
    (5) Whether a party chooses to waive appearance at an oral hearing 
and to submit only documentary evidence (subject to the objection of 
other parties) and written argument.
    (6) Limitation of the number of witnesses;
    (7) Scheduling dates for the exchange of witness lists and of 
proposed exhibits;
    (8) Discovery;

[[Page 80]]

    (9) The time and place for the hearing; and
    (10) Such other matters as may tend to expedite the fair and just 
disposition of the proceedings.
    (d) The ALJ shall issue an order containing all matters agreed upon 
by the parties or ordered by the ALJ at a prehearing conference.



Sec. 1.321  Disclosure of documents.

    (a) Upon written request to the reviewing official, the respondent 
may review any relevant and material documents, transcripts, records, 
and other materials that relate to the allegations set out in the 
complaint and upon which the findings and conclusions of the 
investigating official under Sec. 1.304(f) of this part are based 
unless such documents are privileged under Federal law. Upon payment of 
fees for duplication, the defendant may obtain copies of such documents.
    (b) Upon written request to the reviewing official, the respondent 
also may obtain a copy of all exculpatory information in the possession 
of the reviewing official or investigating official relating to the 
allegations in the complaint, even if it is contained in a document that 
would otherwise be privileged. If the document would otherwise be 
privileged, only that portion containing exculpatory information must be 
disclosed.
    (c) The notice sent to the Attorney General from the reviewing 
official as described in Sec. 1.305 of this part is not discoverable 
under any circumstances.
    (d) The respondent may file a motion to compel disclosure of the 
documents subject to the provisions of this section. Such a motion may 
be filed with the ALJ following the filing of the answer pursuant to 
Sec. 1.309 of this part.



Sec. 1.322  Discovery.

    (a) The following types of discovery are authorized:
    (1) Requests for production, inspection and photocopying of 
documents;
    (2) Requests for admission of the authenticity of any relevant 
document or the truth of any relevant fact;
    (3) Written interrogatories; and
    (4) Depositions.
    (b) The ALJ shall set the schedule for discovery.
    (c) Requests for production of documents and requests for admission.
    (1) A party may serve requests for production of documents or 
requests for admission on another party.
    (2) If a party served with such requests fails to respond timely, 
the requesting party may file a motion to compel production or deem 
admissions, as appropriate.
    (3) A party served with such a request may file a motion for a 
protective order before the date on which a response to the discovery 
request is due, stating reasons why discovery should be limited or 
should not be required.
    (4) Within 15 days of service of a motion to compel or to deem 
matter admitted or a motion for a protective order, the opposing party 
may file a response.
    (5) The ALJ may grant a motion to compel production or deem matter 
admitted or may deny a motion for a protective order only if he finds 
that--
    (i) The discovery sought is necessary for the expeditious, fair, and 
reasonable consideration of the issues;
    (ii) It is not unduly costly or burdensome;
    (iii) It will not unduly delay the proceeding; and
    (iv) The information sought is not privileged.
    (d) Depositions and written interrogatories. Depositions and written 
interrogatories are permitted only on the order of the ALJ.
    (1) A party seeking to use depositions or written interrogatories 
may file a motion with the ALJ.
    (2) A party and/or the potential deponent may file an opposition to 
the motion or a motion for a protective order within 10 days of service 
of the motion.
    (3) The ALJ may grant a motion allowing the taking of a deposition 
or the use of interrogatories or may deny a motion for a protective 
order only if he finds that the moving party has satisfied the standards 
set forth in paragraph (c)(5) of this section and has shown that the 
information sought cannot be obtained by any other means.
    (4) If the ALJ grants a motion permitting a deposition, he shall 
issue a subpoena, which may also require the witness to produce 
documents. The

[[Page 81]]

party seeking to depose shall serve the subpoena in the manner 
prescribed in Sec. 1.308 of this part.
    (5) The party seeking to depose shall provide for the taking of a 
verbatim transcript of the deposition, which it shall make available to 
all other parties for inspection and copying.
    (e) Costs. The costs of discovery shall be borne by the party 
seeking discovery.
    (f) In issuing a protective order, the ALJ may make any order which 
justice requires to protect a party or person from annoyance, 
embarrassment, oppression, or undue burden or expense, including one or 
more of the following:
    (1) That the discovery not be had;
    (2) That the discovery may be had only on specified terms and 
conditions, including a designation of the time or place;
    (3) That the discovery may be had only through a method of discovery 
other than that requested;
    (4) That certain matters not be inquired into, or that the scope of 
discovery be limited to certain matters;
    (5) That discovery be conducted with no one present except persons 
designated by the ALJ;
    (6) That the contents of discovery or evidence be sealed;
    (7) That a deposition after being sealed be opened only by order of 
the ALJ;
    (8) That a trade secret or other confidential research, development, 
commercial information or facts pertaining to any criminal 
investigation, proceeding, or other administrative investigation not be 
disclosed or be disclosed only in a designated way; or
    (9) That the parties simultaneously file specified documents or 
information enclosed in sealed envelopes to be opened as directed by the 
ALJ.
    (g) Exchange of witness lists, statements, and exhibits. Witness 
lists, copies of prior statements of proposed witnesses, and copies of 
proposed hearing exhibits, including copies of any written statements or 
depositions that a party intends to offer in lieu of live testimony in 
accordance with Sec. 1.331(b) of this part, shall be exchanged at least 
15 days in advance of the hearing, or at such other time as may be set 
by the ALJ. A witness whose name does not appear on the witness list 
shall not be permitted to testify and no exhibit not provided to the 
opposing party as provided above shall be admitted into evidence at the 
hearing absent a showing of good cause.



Sec. 1.323  Subpoenas for attendance at hearing.

    (a) A party wishing to procure the appearance and testimony at the 
hearing of any individual may request that the ALJ issue a subpoena.
    (b) A subpoena requiring the attendance and testimony of an 
individual may also require the individual to produce documents at such 
hearing.
    (c) A party who desires the issuance of a subpoena shall file with 
the ALJ a written request not less than 15 days before the date fixed 
for the hearing unless otherwise allowed by the ALJ for good cause 
shown. Such request shall specify any documents to be produced and shall 
designate the witnesses whose attendance is sought to be required and 
describe their addresses and locations with sufficient particularity to 
permit such witnesses to be found. The subpoena shall specify the time 
and place at which the witness is to appear and any documents the 
witness is to produce. Such a request may be made ex parte.
    (d) When the ALJ issues a subpoena under this section, the party who 
requested such subpoena shall serve all other parties with notice of the 
names and addresses of the individuals subpoenaed and specify any 
documents required to be produced.
    (e) A subpoena shall be served by delivery, or by registered mail or 
by certified mail in the manner prescribed in Sec. 1.308 of this part. 
A subpoena upon a party or upon an individual under the control of a 
party may be served by first class mail.
    (f) A party or the individual to whom the subpoena is directed may 
file a motion to quash the subpoena within five days of service or on or 
before the time specified in the subpoena for compliance if it is less 
than five days after service.

[[Page 82]]



Sec. 1.324  Fees.

    The party requesting a subpoena shall pay the cost of the fees and 
mileage of any witness subpoenaed in the amounts that would be payable 
to a witness in a proceeding in United States District Court. A check 
for witness fees and mileage shall accompany the subpoena when served, 
except that when a subpoena is issued on behalf of USDA, a check for 
witness fees and mileage need not accompany the subpoena.



Sec. 1.325  Form, filing and service of papers.

    (a) Form. (1) The original and two copies of all papers in a 
proceeding conducted under this subpart shall be filed with the ALJ 
assigned to the case.
    (2) Every pleading and paper filed in the proceeding shall contain a 
caption setting forth the title of the action, the case number assigned 
by the ALJ, and a designation of the paper (e.g., motion to quash 
subpoena).
    (3) Every pleading and paper shall be signed by and shall contain 
the address and telephone number of the representative for the party or 
the person on whose behalf the paper was filed.
    (4) Papers are considered filed when they are mailed. Date of 
mailing may be established by a certificate from the party or his 
representative or by proof that the document was sent by certified or 
registered mail.
    (b) Service. A party filing a document with the ALJ shall, at the 
time of filing, serve a copy of such document on every other party. 
Service upon any party of any document other than the complaint or 
notice of hearing shall be made by delivering or mailing a copy to the 
party's last known address. When a party is represented by a 
representative, service shall be made upon such representative in lieu 
of the actual party.
    (c) Proof of service. A certificate of the person serving the 
document by personal delivery or by mail, setting forth the manner of 
service, shall be proof of service.



Sec. 1.326  Computation of time.

    (a) In computing any period of time under this part or in an order 
issued thereunder, the time begins with the day following the act, 
event, or default, and includes the last day of the period, unless it is 
a Saturday, Sunday, or legal holiday observed by the Federal Government, 
in which event it includes the next business day.
    (b) When the period of time allowed is ten or fewer calendar days, 
intermediate Saturdays, Sundays, and legal holidays observed by the 
Federal Government shall be excluded from the computation.
    (c) When a document has been served by mail, an additional five days 
will be added to the time permitted for any response.



Sec. 1.327  Motions.

    (a) Motions shall state the relief sought, the authority relied 
upon, and the facts alleged, and shall be filed with the ALJ and served 
on all other parties.
    (b) Except for motions made during a prehearing conference or at the 
hearing, all motions shall be in writing. The ALJ may require that oral 
motions be reduced to writing.
    (c) The ALJ may require written motions to be accompanied by 
supporting memorandums.
    (d) Within 15 days after a written motion is served, or such other 
time as may be fixed by the ALJ, any party may file a response to such 
motion.
    (e) The ALJ may not grant a written motion prior to expiration of 
the time for filing responses thereto, except upon consent of the 
parties or following a hearing, but may overrule or deny such motion 
without awaiting a response.
    (f) The ALJ shall make every reasonable effort to dispose of all 
outstanding motions prior to the beginning of the hearing.



Sec. 1.328  Sanctions.

    (a) The ALJ may sanction a person, including any party or 
representative for:
    (1) Failing to comply with a lawful order, subpoena, or procedure;
    (2) Failing to prosecute or defend an action; or
    (3) Engaging in other misconduct that interferes with the speedy, 
orderly, or fair conduct of the hearing.

[[Page 83]]

    (b) Any such sanction, including but not limited to those listed in 
paragraphs (c), (d), and (e) of this section, shall reasonably relate to 
the severity and nature of the failure or misconduct.
    (c) When a party fails to comply with a subpoena or an order, 
including an order for taking a deposition, the production of evidence 
within the party's control, or a request for admission, the ALJ may:
    (1) Draw an inference in favor of the requesting party with regard 
to the information sought;
    (2) In the case of requests for admission, deem admitted each item 
as to which an admission is requested;
    (3) Prohibit the party failing to comply with such order from 
introducing evidence concerning, or otherwise relying upon testimony 
relating to the information sought;
    (4) Strike any part of the pleadings or other submissions of the 
party failing to comply with such request; or
    (5) Request that the Attorney General petition an appropriate 
district court for an order to enforce a subpoena.
    (d) If a party fails to prosecute or defend an action under this 
subpart commenced by service of a complaint, the ALJ may dismiss the 
action or enter an initial decision imposing penalties and assessments.
    (e) The ALJ may refuse to consider any motion or other action which 
is not filed in a timely fashion.



Sec. 1.329  The hearing and burden of proof.

    (a) The ALJ shall conduct a hearing on the record in order to 
determine whether the respondent is liable for a civil penalty or 
assessment under Sec. 1.303 of this part, and if so, the appropriate 
amount of any such civil penalty or assessment considering any 
aggravating or mitigating factors.
    (b) The USDA shall prove respondent's liability and any aggravating 
factors by a preponderance of the evidence.
    (c) The respondent shall prove any affirmative defenses and any 
mitigating factors by a preponderance of the evidence.
    (d) The hearing shall be open to the public unless otherwise ordered 
by the ALJ for good cause shown.



Sec. 1.330  Location of hearing.

    (a) The hearing may be held--
    (1) In any judicial district of the United States in which the 
respondent resides or transacts business;
    (2) In any judicial district of the United States in which the claim 
or statement in issue was made; or
    (3) In such other place as may be agreed upon by the respondent and 
the ALJ.
    (b) Each party shall have the opportunity to present argument with 
respect to the location of the hearing.
    (c) The ALJ shall issue an order to the parties designating the time 
and the place of the hearing.



Sec. 1.331  Witnesses.

    (a) Except as provided in paragraph (b) of this section, testimony 
at the hearing shall be given orally by witnesses under oath or 
affirmation.
    (b) At the discretion of the ALJ, testimony may be admitted in the 
form of a written statement or deposition. Any such written statement 
must be provided to all other parties along with the last known address 
of such witness, in a manner which allows sufficient time for other 
parties to subpoena such witness for cross-examination at the hearing. 
Prior written statements of witnesses proposed to testify at the hearing 
and deposition transcripts shall be exchanged as provided in Sec. 
1.322(g) of this part.
    (c) The ALJ shall permit the parties to conduct such cross-
examination as may be required for a full and true disclosure of the 
facts.
    (d) A witness may be cross-examined on any matter relevant to the 
proceeding without regard to the scope of his or her direct examination.
    (e) Upon motion of any party, the ALJ shall order witnesses excluded 
so that they cannot hear the testimony of other witnesses. This rule 
does not authorize exclusion of--
    (1) A party who is an individual;
    (2) In the case of a party that is not an individual, an officer or 
employee of the party designated by the representative; or

[[Page 84]]

    (3) An individual whose presence is shown by a party to be essential 
to the presentation of its case, including an individual employed by the 
USDA engaged in assisting the representative for USDA.



Sec. 1.332  Evidence.

    (a) The ALJ shall determine the admissibility of evidence.
    (b) Except as provided herein, the Federal Rules of Evidence are not 
applicable to the hearing, except that the ALJ may in his discretion 
apply the Federal Rules of Evidence in order to assure production of 
credible evidence.
    (c) The ALJ shall exclude irrelevant and immaterial evidence.
    (d) Although relevant, evidence may be excluded if its probative 
value is substantially outweighed by the danger of unfair prejudice, 
confusion of the issues, or by considerations of undue delay or needless 
presentation of cumulative evidence.
    (e) Although relevant, evidence may be excluded if it is privileged 
under Federal law.
    (f) Evidence concerning offers of compromise or settlement shall be 
inadmissible to the extent provided in Rule 408 of the Federal Rules of 
Evidence.
    (g) The ALJ shall permit the parties to introduce rebuttal witnesses 
and evidence.
    (h) All documents and other evidence offered or taken for the record 
shall be open to examination by all parties unless otherwise ordered by 
the ALJ pursuant to Sec. 1.322 of this part.



Sec. 1.333  The record.

    (a) The hearing will be recorded and transcribed. Transcripts may be 
obtained from the reporter by anyone at a cost not to exceed the actual 
cost of duplication.
    (b) The transcript of testimony, exhibits and other evidence 
admitted at the hearing, and all papers and requests filed in the 
proceeding constitute the record for the decision by the ALJ and the 
judicial officer.
    (c) The record may be inspected and copied (upon payment of a 
reasonable fee) by anyone unless otherwise ordered by the ALJ.



Sec. 1.334  Post-hearing briefs.

    The ALJ may require the parties to file post-hearing briefs. In any 
event, any party may file a post-hearing brief. The ALJ shall fix the 
time for filing such briefs, not to exceed 60 days from the date the 
parties receive the transcript of the hearing or, if applicable, the 
stipulated record. Such briefs may be accompanied by proposed findings 
of fact and conclusions of law. The ALJ may permit the parties to file 
reply briefs.



Sec. 1.335  Determining the amount of penalties and assessments.

    (a) In determining an appropriate amount of civil penalties and 
assessments, the ALJ and the judicial officer, upon appeal, should 
evaluate any circumstances that mitigate or aggravate the violation and 
should articulate in their opinions the reasons that support the 
penalties and assessments they impose. Because of the intangible costs 
of fraud, the expense of investigating such conduct, and the need to 
deter others who might be similarly tempted, ordinarily double damages 
and a significant civil penalty should be imposed.
    (b) Although not exhaustive, the following factors are among those 
that may influence the ALJ and the judicial officer in determining the 
amount of penalties and assessments to impose with respect to the 
misconduct (i.e., the false, fictitious, or fraudulent claims or 
statements) charged in the complaint:
    (1) The number of false, fictitious, or fraudulent claims or 
statements;
    (2) The time period over which such claims or statements were made;
    (3) The degree of the respondent's culpability with respect to the 
misconduct;
    (4) The amount of money or the value of the property, services, or 
benefit falsely claimed;
    (5) The value of the Government's actual loss as a result of the 
misconduct, including foreseeable consequential damages and the costs of 
investigation;
    (6) The relationship of the amount imposed as civil penalties to the 
amount of the Government's loss;
    (7) The potential or actual impact of the misconduct upon national 
defense,

[[Page 85]]

public health or safety, or public confidence in the management of 
Government programs and operations, including particularly the impact on 
the intended beneficiaries of such programs;
    (8) Whether the respondent has engaged in a pattern of the same or 
similar misconduct;
    (9) Whether the respondent attempted to conceal the misconduct;
    (10) The degree to which the respondent has involved others in the 
misconduct or in concealing it;
    (11) Where the misconduct of employees or agents is imputed to the 
respondent, the extent to which the respondent's practices fostered or 
attempted to preclude such misconduct;
    (12) Whether the respondent cooperated in or obstructed an 
investigation of the misconduct;
    (13) Whether the respondent assisted in identifying and prosecuting 
other wrongdoers;
    (14) The complexity of the program or transaction, and the degree of 
the respondent's sophistication with respect to it, including the extent 
of the respondent's prior participation in the program or in similar 
transactions;
    (15) Whether the respondent has been found, in any criminal, civil, 
or administrative proceeding to have engaged in similar misconduct or to 
have dealt dishonestly with the government of the United States or of a 
State, directly or indirectly; and
    (16) The need to deter the respondent and others from any engaging 
in the same or similar misconduct.
    (c) Nothing in this section shall be construed to limit the ALJ or 
the judicial officer from considering any other factors that in any 
given case may mitigate or aggravate the acts for which penalties and 
assessments are imposed.



Sec. 1.336  Initial decision of the ALJ.

    (a) The ALJ shall issue an initial decision, which shall contain 
findings of fact, conclusions of law, and the amount of any penalties 
and assessments imposed.
    (b) The findings of fact shall include a finding on each of the 
following issues for every claim or statement with respect to which a 
penalty or assessment was proposed:
    (1) Whether any claim or statement identified in the complaint 
violates Sec. 1.303 of this part;
    (2) If the respondent is liable for penalties or assessments, the 
appropriate amount of any such penalties or assessments considering any 
mitigating or aggravating factors described in Sec. 1.335 of this part.
    (c) The ALJ shall serve the initial decision on all parties within 
90 days after the time for submission of post-hearing briefs and reply 
briefs (if permitted) has expired. The ALJ shall include with the 
initial decision a statement describing the right of any respondent 
determined to be liable for a civil penalty or assessment to file notice 
of appeal with the judicial officer. The ALJ may extend the time period 
for serving the initial decision on the parties.
    (d) Unless the initial decision of the ALJ is timely appealed to the 
judicial officer, or a motion for reconsideration of the initial 
decision is timely filed, the initial decision shall constitute the 
final decision of the Secretary and shall be final and binding on the 
parties 30 days after it is issued by the ALJ.



Sec. 1.337  Reconsideration of initial decision.

    (a) Except as provided in paragraph (d) of this section, any party 
may file a motion for reconsideration of the initial decision within 20 
days of receipt of the initial decision. If service was made by mail, 
receipt will be presumed to be five days from the date of mailing in the 
absence of contrary proof.
    (b) Every such motion must set forth the matters claimed to have 
been erroneously decided and the nature of the alleged errors. Such 
motion shall be accompanied by a supporting brief.
    (c) Responses to such motions shall be allowed only upon request of 
the ALJ.
    (d) No party may file a motion for reconsideration of an initial 
decision that has been revised in response to a previous motion for 
reconsideration.
    (e) The ALJ may dispose of a motion for reconsideration by denying 
it or by issuing a revised initial decision.
    (f) If the ALJ denies a motion for reconsideration, the initial 
decision shall

[[Page 86]]

constitute the final decision of the authority head and shall be final 
and binding on the parties 30 days after the ALJ denies the motion, 
unless the initial decision is timely appealed to the judicial officer 
in accordance with Sec. 1.338 of this part.
    (g) If the ALJ issues a revised initial decision, that decision 
shall constitute the final decision of the authority head and shall be 
final and binding on the parties 30 days after it is issued, unless it 
is timely appealed to the judicial officer in accordance with Sec. 
1.338 of this part.



Sec. 1.338  Appeal to the judicial officer.

    (a) Any respondent who has filed a timely answer and who is 
determined in an initial decision to be liable for a civil penalty or 
assessment may appeal such decision to the Secretary by filing a notice 
of appeal with the judicial officer in accordance with this section. The 
judicial officer of USDA shall consider all appeals to the Secretary 
under this subpart and render a decision on behalf of the Secretary.
    (b)(1) A notice of appeal may be filed at any time within 30 days 
after the ALJ issues an initial decision. However, if another party 
files a motion for reconsideration under Sec. 1.337 of this part, 
consideration of the appeal shall be stayed automatically pending 
resolution of the motion for reconsideration.
    (2) If a motion for reconsideration is timely filed, a notice of 
appeal may be filed within 30 days after the ALJ denies the motion or 
issues a revised initial decision, whichever applies.
    (c) The judicial officer may extend the initial 30-day period during 
which a notice of appeal may be filed for an additional 30 days if the 
respondent files a request for an extension within the initial 30-day 
period and shows good cause.
    (d) If the respondent timely files a notice of appeal with the 
judicial officer and the time for filing motions for reconsideration 
under Sec. 1.337 of this part has expired, the ALJ will forward the 
record of the proceeding to the judicial officer.
    (e) A notice of appeal shall be accompanied by a written brief 
specifying exceptions to the initial decision and reasons supporting the 
exceptions.
    (f) The representative for USDA may file a brief in opposition to 
exceptions within 30 days of receiving the brief proposing exceptions.
    (g) There is no right to appear personally before the judicial 
officer.
    (h) There is no right to interlocutory appeal of rulings by the ALJ.
    (i) The judicial officer, in reviewing the decision, shall not 
consider any objection that was not raised before the ALJ unless a 
demonstration is made that extraordinary circumstances caused the 
failure to raise the objection.
    (j) If any party demonstrates to the satisfaction of the judicial 
officer that additional evidence not presented to the ALJ is material 
and that there were reasonable grounds for the failure to present such 
evidence to the ALJ, the judicial officer shall remand the matter to the 
ALJ for consideration of such additional evidence.
    (k) The judicial officer may affirm, reduce, reverse, compromise, 
remand or settle any penalty or assessment determined by the ALJ.
    (l) The judicial officer shall promptly serve each party to the 
appeal with a copy of the decision of the judicial officer and a 
statement describing the respondent's right to seek judicial review.
    (m) Unless a petition for review is filed as provided in 31 U.S.C. 
3805 after a respondent has exhausted all administrative remedies under 
this part and within 60 days after the date on which the judicial 
officer serves the respondent with a copy of the judicial officer's 
decision, a determination that a respondent is liable under Sec. 1.303 
of this part is final and is not subject to judicial review.



Sec. 1.339  Stays ordered by the Department of Justice.

    (a) If at any time the Attorney General or an Assistant Attorney 
General designated by the Attorney General transmits to the Secretary a 
written finding that continuation of the administrative process 
described in this subpart with respect to a claim or statement may 
adversely affect any pending

[[Page 87]]

or potential criminal or civil action related to such claim or 
statement, the judicial officer shall stay the process immediately.
    (b) If the judicial officer stays the administrative process in 
accordance with paragraph (a) of this section, the judicial officer may 
order the process resumed only upon receipt of the written authorization 
of the Attorney General.



Sec. 1.340  Stay pending appeal.

    (a) A decision is stayed automatically pending disposition of a 
motion for reconsideration or of an appeal to the judicial officer.
    (b) The respondent may file with the ALJ a request for stay of the 
effective date of a decision of the judicial officer pending judicial 
review. Such request shall state the grounds upon which respondent 
relies in requesting the stay, together with a copy of the notice(s) of 
appeal filed by respondent seeking review of a decision of the judicial 
officer. The filing of such a request shall automatically stay the 
effective date of the decision of the judicial officer until the ALJ 
rules upon the request.
    (c) The representative for the USDA may file an opposition to 
respondent's request for a stay within 10 days of receipt of the 
request. If the representative for the USDA fails to file such an 
opposition within the allotted time, or indicates that the USDA has no 
objection to the request, the ALJ may grant the stay without requiring 
respondent to give a bond or other security.
    (d) The ALJ may grant a contested request where justice so requires 
and to the extent necessary to prevent irreparable harm but only upon 
the respondent's giving of a bond or other adequate security. The ALJ 
shall rule promptly on a contested request for stay.
    (e) A decision of the ALJ denying respondent's request for a stay 
shall constitute final agency action.



Sec. 1.341  Judicial review.

    Section 3805 of title 31, United States Code, authorizes judicial 
review by an appropriate United States District Court of a final 
decision of the judicial officer imposing penalties or assessments under 
this part and specifies the procedures for such review.



Sec. 1.342  Collection of civil penalties and assessments.

    Sections 3806 and 3808(b) of title 31, United States Code, authorize 
actions for collection of civil penalties and assessments imposed under 
this subpart and specify the procedures for such actions.



Sec. 1.343  Right to administrative offset.

    The amount of any penalty or assessment which has become final, or 
for which a judgment has been entered under Sec. 1.341 or Sec. 1.342 
of this part, or any amount agreed upon in a settlement under Sec. 
1.345 of this part, may be collected by administrative offset under 31 
U.S.C. 3716, except that an administrative offset may not be made under 
this subsection against a refund of an overpayment of Federal taxes then 
or later owing by the United States to the respondent.



Sec. 1.344  Deposit to Treasury of the United States.

    All amounts collected pursuant to this subpart shall be deposited as 
miscellaneous receipts in the Treasury of the United States.



Sec. 1.345  Settlement.

    (a) A respondent may make offers of compromise of settlement at any 
time.
    (b) The reviewing official has the exclusive authority to compromise 
or settle a case under this subpart at any time after the date on which 
the reviewing official is permitted to issue a complaint and before the 
date on which the ALJ issues a decision.
    (c) The judicial officer has exclusive authority to compromise or 
settle a case under this subpart at any time after the date on which the 
ALJ issues a decision, except during the pendency of any appeal under 
Sec. 1.341 of this part or during the pendency of any action to collect 
penalties and assessments under Sec. 1.342 of this part.
    (d) The Attorney General has exclusive authority to compromise or 
settle a case under this subpart during the pendency of any appeal under 
Sec. 1.341 of

[[Page 88]]

this part, or any action to recover penalties and assessments under 
Sec. 1.342 of this part.
    (e) The investigating official may recommend settlement terms to the 
reviewing official, the judicial officer, or the Attorney General, as 
appropriate. The reviewing official may recommend settlement terms to 
the judicial officer, or the Attorney General, as appropriate.
    (f) Any settlement must be in writing.



Sec. 1.346  Limitation.

    The complaint referred to in Sec. 1.307 of this part with respect 
to a claim or statement must be served in the manner specified in Sec. 
1.308 of this part within 6 years after the date on which such claim or 
statement is made.



  Subpart M_Rules of Practice Governing Adjudication of Sourcing Area 
Applications and Formal Review of Sourcing Areas Pursuant to the Forest 
Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620 et 
                                  seq.)

    Authority: 5 U.S.C. 556 and 16 U.S.C. 620 et seq.

    Source: 59 FR 8824, Feb. 24, 1994, unless otherwise noted.



Sec. 1.410  Meaning of words.

    As used in these procedures, words in the singular form shall be 
deemed to import the plural, and vice versa, as the circumstance may 
require.



Sec. 1.411  Definitions.

    As used in these procedures, the terms as defined in the Forest 
Resources Conservation and Shortage Relief Act of 1990, 16 U.S.C. 620 et 
seq. (Act) and in the regulations issued thereunder, shall apply with 
equal force and effect. In addition and except as may be provided 
otherwise in these procedures:
    (a) Applicant or Sourcing area applicant means a person who submits 
a sourcing area application pursuant to these rules, or a person who 
sourcing area is subject to formal review pursuant to 36 CFR 223.191(e).
    (b) Decision means:
    (1) The Judge's initial decision made in accordance with the 
provisions of 5 U.S.C. 554, 556, 557, and 16 U.S.C. 620 et seq. and 36 
CFR 223.190 and 223.191(e), which includes the Judge's findings and 
conclusions and the reasons or basis therefore on all material issues of 
fact, law or discretion, orders and rulings on proposed findings, 
conclusions and orders submitted by the parties; and
    (2) The decision and order by the Judicial officer upon appeal of 
the Judge's decision.
    (c) Determination is synonymous with decision.
    (d) Hearing means that part of the proceeding which may be requested 
by a party of record, and which involves the submission of additional 
evidence before the Administrative Law Judge for the record in the 
proceeding.
    (e) Hearing Clerk means the Office of the Hearing Clerk, United 
States Department of Agriculture, Washington, D.C. 20250.
    (f) Judge means any Administrative Law Judge Appointed pursuant to 5 
U.S.C. 3105 and assigned to the proceeding involved.
    (g) Judicial Officer means an official of the United States 
Department of Agriculture delegated authority by the Secretary of 
Agriculture, pursuant to the Act of April 4, 1940 (7 U.S.C. 450c-459g) 
and Reorganization Plan No. 2 of 1953 (5 U.S.C. 1988 ed., appendix, p. 
1280), to perform the function involved (7 CFR 235(a)), or the Secretary 
of Agriculture, if the authority so delegated is exercised by the 
Secretary.
    (h) Party of record or Party is a party to the proceeding to 
determine approval or disapproval of a sourcing area application, 
including the proceeding for formal review of a sourcing area. The 
sourcing area applicant and persons who submit written comments on the 
sourcing area application at issue during the 30 calendar day comment 
period, including the Regional Forester, are the parties of record. For 
purposes of a formal review of a sourcing area, the holder of the 
sourcing area that is the subject of the review and persons who submit 
written

[[Page 89]]

comments on the sourcing area application at issue during the 30 
calendar day comment period after institution of the formal review, 
including the Regional Forester, are the parties of record.
    (i) Sourcing Area Application means the application by which a 
person applies for a sourcing area or the application by which a 
sourcing area holder applies for a formal review of a sourcing area.



Sec. 1.412  Institution of proceedings.

    (a) Sourcing area applications. The proceeding for determining 
sourcing areas shall be instituted by receipt of a sourcing area 
application by the Office of Administrative Law Judges, pursuant to 36 
CFR 223.190.
    (b) Review of sourcing areas. Informal review of a sourcing area 
precedes institution of a formal review as follows:
    (1) Request by Sourcing area holder. A sourcing area holder who 
wishes to begin a review of a sourcing area shall send a written request 
for a review to the Regional Forester of the region in which the 
manufacturing facility being sourced is located. The request shall state 
the reason for the request.
    (i) Informal review. The Regional Forester shall begin an informal 
review, pursuant to 36 CFR 223.191(e), based on the written request. If 
no agreement is reached in the informal review process, the Regional 
Forester of the region in which the manufacturing facility being sourced 
is located shall transmit to the Office of Administrative Law Judges any 
submissions received during the informal review process, within 5 
working days of the meeting convened during the informal review (36 CFR 
223.191)e)). Agreement is reached when all persons attending the meeting 
convened by the Regional Forester to resolve differences as to the 
proper sourcing area, including the Regional Forester, sign the document 
describing the sourcing area.
    (ii) Formal review. Institution by a sourcing area holder of a 
formal review of the sourcing area occurs if the informal review process 
does not result in agreement among the parties, and the sourcing area 
holder submits a sourcing area application to the Office of the 
Administrative Law Judges, pursuant to 36 CFR 223.190, within 10 working 
days after the meeting convened by the Regional Forester as part of the 
informal process.
    (2) Initiation of review by agency. If the Forest Service wishes to 
begin a review of a sourcing area, the Regional Forester of the region 
in which the manufacturing facility being sourced is located shall begin 
an informal review, pursuant to 36 CFR 223.191(e). If no agreement is 
reached in the informal review process, the Regional Forester of the 
region in which the manufacturing facility being sourced is located 
shall transmit to the Office of Administrative Law Judges any 
submissions received during the informal review process, within 5 
working days of the meeting convened during the informal review (36 CFR 
223.191(e)). Agreement is reached when all persons attending the meeting 
convened by the Regional Forester to resolve differences as to the 
proper sourcing area, including the Regional Forester, sign the document 
describing the sourcing area. Institution by the Forest Service of a 
formal review of a sourcing area occurs when the Office of 
Administrative Law Judges receives the papers and documents submitted 
during the informal review process.



Sec. 1.413  Submission of a sourcing area application.

    A sourcing area applicant shall send the application to the Office 
of Administrative Law Judges and shall, simultaneously, send a copy of 
the sourcing area application to the Forest Service Regional Forester of 
the region in which the manufacturing facility being sourced is located. 
Where the sourcing area application will cover purchases from more than 
one agency, application is to be made to the agency from which the 
applicant expects to purchase the preponderance of its Federal timber. 
The sourcing area applicant must also send a complete copy of the 
application to each agency concerned. The lead agency shall make the 
decision in consultation with, and upon co-signature of, the other 
agency(ies) concerned. Sourcing area applications must be signed by the 
persons making the request, or in the case of a corporation, by its 
chief executive officer, and

[[Page 90]]

must be notarized. The application shall be on company letterhead.



Sec. 1.414  Docket number.

    Each proceeding, following its institution, shall be assigned a 
docket number by the Hearing Clerk, and thereafter the proceeding shall 
be referred to by such number. The Hearing Clerk shall notify the 
sourcing area applicant and the Regional Forester to whom the applicant 
submitted a copy of the application of the docket number and the name of 
the Judge to whom the case has been assigned. In a formal review of a 
sourcing area instituted by the Forest Service, the Hearing Clerk shall 
inform the sourcing area holder whose sourcing area is subject to the 
review and the Regional Forester who submitted the comments instituting 
the formal review of the docket number and the name of the Judge to whom 
the case has been assigned.



Sec. 1.415  Notification of proceedings.

    The Regional Forester of the region in which the manufacturing 
facility being sourced is located shall notify prospective parties of 
the sourcing area application and/or the formal review of a sourcing 
area after receipt of the docket number and the name of the Judge to 
whom the proceeding has been assigned, pursuant to Sec. 1.414 of these 
rules. Notification will consist of publication of a notice in 
newspapers of general circulation in the area included in the sourcing 
area application. The Regional Forester shall promptly notify the 
Hearing Clerk of the date of the publication and the notice. Additional 
notification will be made through agency mailing lists. Notification 
shall include the docket number, the name of the Judge to whom the case 
has been assigned and the mailing address of the Judge. In the case of a 
sourcing area review, notification will also state the reason for the 
review.



Sec. 1.416  Comment period.

    Written comments on a sourcing area application or on a formal 
review of a sourcing area shall include the docket number and may be 
submitted to the Judge for 30 calendar days following publication of the 
notice. Persons submitting comments shall send a copy of the comments to 
the Regional Forester of the region in which the manufacturing facility 
being sourced is located. All comments must be received by the Judge and 
by the Regional Forester by the 30th day of the comment period.



Sec. 1.417  Review period.

    (a) Review of comments. The sourcing area applicant, the sourcing 
area holder whose sourcing area is the subject of a formal review and 
other parties who submitted written comments will be allowed 10 working 
days from the close of the comment period to review the written comments 
at the Regional Forester's office during regular business hours.
    (b) Recommendation to Judge to approve or disapprove a sourcing area 
application. During the 10 working day review period, parties who have 
submitted written comments on an application or on a formal review of a 
sourcing area may submit a written recommendation to the Judge, 
including an analysis of the facts and law as to why the Judge should 
approve or disapprove that application. A sourcing area applicant whose 
sourcing area application is the subject of the proceeding, and a 
sourcing area holder whose sourcing area is the subject of a formal 
review, may also submit a written recommendation to the Judge. The 
recommendation must be postmarked no later than the 10th working day of 
the review period.
    (c) Request for a hearing. The sourcing area applicant, the sourcing 
area holder whose sourcing area is the subject of a formal review and 
persons who submitted written comments, or the attorney of record for a 
party in the proceeding, may review the comments and request a hearing 
within 10 working days after the comment period, pursuant to 36 CFR 
233.190(h)(2). The request must be postmarked no later than the 10th 
working day of the review period. An attorney may file an appearance of 
record prior to the scheduled hearing. The request for a hearing shall 
be filed with the Judge. The hearing is for the purpose of supplementing 
the written record submitted prior to the hearing. The written record 
submitted prior to

[[Page 91]]

the hearing consists of papers and documents submitted during the 30 
calendar day comment period, the 10 working day review period, and any 
motions submitted before the hearing. For purposes of a formal review of 
a sourcing area, the written record also consists of the papers and 
documents submitted during the informal review.
    (1) Contents of the notice of hearing. The Judge shall issue a 
notice of hearing regarding a particular sourcing area application or 
regarding formal review of a sourcing area application or regarding 
formal review of a sourcing area to all parties of record for that 
application or formal review. The notice of hearing shall contain a 
reference to the authority under which the sourcing area is proposed or 
formally reviewed; shall define the scope of the hearing; shall contain 
a reference to the sourcing area that is the subject of the hearing; and 
shall state the date, time and place of such hearing; and shall state 
the date, time and place of such hearing; which shall be set with due 
regard for the necessity and convenience of the parties of record or 
their representatives. The Judge shall schedule a hearing no later than 
21 calendar days after the 10 working day period for reviewing written 
comments ends. The Judge may consolidate requests for a hearing 
regarding the same application.
    (2) Giving notice of hearing. The notice of hearing shall be served 
upon the parties of record for the sourcing area application at issue by 
the Hearing Clerk.



Sec. 1.418  Procedure upon no request for hearing.

    If no hearing is requested by a party of record, the Judge shall 
issue an initial decision based on the written record and without 
further procedure or hearing. If no hearing is requested, the written 
record consists of papers and documents submitted during the 30-day 
comment period, the 10-day review period, and includes motions submitted 
before the Judge issues an initial decision. For purposes of a formal 
review of a sourcing area, the written record also consists of the 
papers and documents submitted during the informal review. Copies of the 
decision shall be served by the Hearing Clerk upon each of the parties 
of record.



Sec. 1.419  Amendment of a sourcing area application.

    The sourcing area applicant may move to amend the sourcing area 
application with clarifying and technical amendments at any time prior 
to the Judge's initial determination if there is no hearing, or prior to 
the close of the hearing if there is a hearing.



Sec. 1.420  Consent recommendation.

    Any time before the Judge files the decision, the parties of record 
may enter a consent recommendation. Such consent recommendation shall be 
filed with the Hearing Clerk, signed by the parties with appropriate 
space for signature by the Judge. The consent recommendation shall 
contain an admission of the jurisdictional facts, the factual and legal 
basis for the recommended sourcing area, the consent to the issuance of 
the recommended decision as the final decision of the agency without 
further procedure and such other admissions or statements as may be 
recommended by the parties. The Judge shall review the recommendation to 
determine whether such recommendation conforms with the Forest Resources 
Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620, et seq.), 
36 CFR 223.190, 36 CFR 223.191(e) and these procedures. If the 
recommendation conforms to the aforementioned Act, regulations, and 
procedures, the Judge may enter such decision without further procedure, 
unless an error is apparent on the face of the document. If the Judge 
enters the decision, such decision shall have the same force and effect 
as a decision issued after full hearing and shall become final upon 
issuance to become effective in accordance with the terms of the 
decision.



Sec. 1.421  Prehearing conferences and procedures.

    (a) Purpose and scope. (1) Upon motion of a party of record or upon 
the Judge's own motion, the Judge may direct the parties or their 
counsel to attend a conference at any reasonable time, prior to or 
during the course of the hearing, when the Judge finds that

[[Page 92]]

the proceeding would be expedited by a prehearing conference. Reasonable 
notice of the time and place of the conference shall be given. The Judge 
may order each of the parties to furnish at or subsequent to the 
conference any or all of the following:
    (i) An outline of a party's position;
    (ii) The facts upon which the party will rely;
    (iii) The legal theories upon which the party will rely;
    (iv) Copies of or a list of documents which the party anticipates 
introducing at the hearing; and
    (v) A list of anticipated witnesses who will testify on behalf of 
the party. At the discretion of the party furnishing such list of 
witnesses, the names of the witnesses need not be furnished if they are 
otherwise identified in some meaningful way such as a short statement of 
the type of evidence they will offer.
    (2) The Judge shall not order any of the foregoing procedures that a 
party can show is inappropriate or unwarranted under the circumstances 
of the particular determination.
    (3) At the conference, the following matters shall be considered:
    (i) The simplification of issues;
    (ii) The possibility of obtaining stipulations of facts and of the 
authenticity, accuracy, and admissibility of documents, which will avoid 
unnecessary proof;
    (iii) The limitation of the number of expert or other witnesses;
    (iv) Negotiation, compromise, or settlement of issues;
    (v) The exchange of copies of proposed exhibits;
    (vi) The identification of documents or matters of which official 
notice may be requested;
    (vii) A schedule to be followed by the parties for completion of the 
actions decided at the conference; and
    (viii) Such other matters as may expedite and aid in the disposition 
of the proceeding.
    (b) Reporting. A prehearing conference will not be stenographically 
reported unless so directed by the Judge.
    (c) Action in lieu of personal attendance at a conference. In the 
event the Judge concludes that personal attendance by the Judge and the 
parties or counsel at a prehearing conference is unwarranted or 
impracticable, but determines that a conference would expedite the 
proceeding, the Judge may conduct such conference by telephone or 
correspondence.
    (d) Order. Actions taken as a result of a conference shall be 
reduced to an appropriate written order, unless the Judge concludes that 
a stenographic report shall suffice, or if the Judge elects to make a 
statement on the record at the hearing summarizing the actions taken.



Sec. 1.422  Conduct of the hearing.

    (a) Time and place. The hearing shall be held at the time and place 
fixed in the notice of hearing. If any change in the time or place of 
the hearing is made, the Judge shall file with the Hearing Clerk a 
notice of such change, which notice shall be served upon the parties, 
unless it is made during the course of an oral script, or actual notice 
is given to the parties.
    (b) Appearances. The parties may appear in person or by attorney of 
record in the proceeding. Any party who desires to be heard in person 
shall, before proceeding to testify, state his name, address, and 
occupation. If any such person is appearing through counsel, such person 
or such counsel shall, before proceeding to testify or otherwise to 
participate in the hearing, state for the record the authority to act as 
such counsel or representative, and the names, addresses, and 
occupations of such person and such counsel. Any such person or such 
counsel shall give such other information respecting his appearance as 
the Judge may request. Any person who appears as counsel must conform to 
the standards of ethical conduct required of practitioners before the 
courts of the United States.
    (c) Failure to appear. A party of record who, after being duly 
notified, fails to appear at the hearing without good cause, shall be 
deemed to have waived the right to an oral hearing in the proceeding. 
Failure to appear at a hearing shall not be deemed to be a waiver of the 
right to be served with a copy of the Judge's decision.
    (d) Order of proceeding. The Judge shall determine the order in 
which the parties shall proceed.

[[Page 93]]

    (e) Evidence--(1) In general. (i) The testimony of witnesses at a 
hearing shall be on oath or affirmation and shall be subject to cross-
examination. Cross-examination shall be permitted to the extent required 
for a full and true disclosure of the facts. The Judge may require that 
testimony on one issue raised by numerous parties be heard at one time.
    (ii) Upon a finding of good cause, the Judge may order that any 
witness be examined separately and apart from all other witnesses except 
those who may be parties to the proceeding.
    (iii) After a witness has testified on direct examination, any other 
party may request and obtain the production of any statement, or part 
thereof, of such witness in the possession of the party who called the 
witness, which relates to the subject matter as to which the witness has 
testified. Such production shall be made according to the procedures and 
subject to the definitions and limitations prescribed in the Jencks Act 
(18 U.S.C. 3500).
    (iv) Evidence which is immaterial, or unduly repetitious, or which 
is not of the sort upon which responsible persons are accustomed to 
rely, shall be excluded insofar as practicable.
    (2) Objections. (i) If a party objects to the admission of any 
evidence or to the limitation of the scope of any examination or cross-
examination or to any other ruling of the Judge, the party shall state 
briefly the grounds of such objection, whereupon an automatic exception 
will follow if the objection is overruled by the Judge.
    (ii) Only objections made before the Judge may subsequently be 
relied upon in the proceeding.
    (3) Depositions. The deposition of any witness shall be admitted in 
the manner provided in and subject to the provisions of Sec. 1.228 of 
these procedures.
    (4) Exhibits. Unless the Judge finds that the furnishing of copies 
is impracticable, two copies of each exhibit shall be filed with the 
Judge. The party submitting the exhibit shall serve on every other party 
of record a copy of the exhibit, pursuant to Sec. 1.427(c) of these 
procedures. A true copy of an exhibit may be substituted for the 
original.
    (5) Official records or documents. An official government record or 
document or entry therein, if admissible for any purpose, shall be 
admissible in evidence without the production of the person who made or 
prepared the same, and shall be prima facie evidence of the relevant 
facts stated therein. Such record or document shall be evidenced by an 
official publication thereof or a copy certified by a person having 
legal authority to make such certification.
    (6) Official notice. Official notice shall be taken of such matters 
as are judicially noted by the courts of the United States and of any 
other matter of technical, scientific, or commercial fact of established 
character: Provided, That the parties shall be given adequate notice of 
matters so noticed, and shall be given adequate opportunity to show that 
such facts are erroneously noticed.
    (7) Offer of proof. Whenever evidence is excluded by the Judge, the 
party offering such evidence may make an offer of proof, which shall be 
included in the transcript. The offer of proof shall consist of a brief 
statement describing the evidence excluded. If the evidence consists of 
a brief oral statement, it shall be included in the transcript in toto. 
If the evidence consists of an exhibit, it shall be marked for 
identification and inserted in the hearing record.
    (f) Transcript. Hearings shall be recorded and transcribed verbatim. 
Transcripts thereof shall be made available to any person, at actual 
cost of duplication (5 U.S.C. App. 2, section 11).



Sec. 1.423  Post-hearing procedure.

    (a) Corrections to transcript. (1) Within the period of time fixed 
by the Judge, any party may file a motion proposing corrections to the 
transcript.
    (2) Unless a party files such motion in the manner prescribed, the 
transcript shall be presumed, except for obvious typographical errors, 
to be complete.
    (3) As soon as practicable after the close of the hearing and after 
consideration of any timely objections filed as to the transcript, the 
Judge shall issue an order making any corrections to the transcript 
which the Judge finds are warranted, which corrections shall be

[[Page 94]]

entered onto the original transcript by the Hearing Clerk (without 
obscuring the origianl text).
    (b) Proposed findings of fact, conclusions, order, and brief. Prior 
to the close of the hearing, each party may submit for consideration 
proposed findings of fact, conclusions, order, and brief in support 
thereof. A copy of each such document filed by a party shall be served 
upon each of the other parties.
    (c) Judge's decision. (1) The Judge may, upon motion of any party or 
in his or her own discretion, issue a decision orally at the close of 
the hearing, or within 10 calendar days after the close of the hearing, 
or within 10 calendar days after submission of the record, if no hearing 
is requested.
    (2) If the decision is announced orally, a copy thereof, excerpted 
from the transcript of the record, shall be furnished to the parties by 
the Hearing Clerk. Irrespective of the date such copy is mailed, the 
issuance date of the decision shall be the date the oral decision was 
announced.
    (3) If the decision is in writing, it shall be filed with the 
Hearing Clerk and served upon the parties as provided in Sec. 1.427.
    (4) The Judge's decision shall become effective without further 
proceedings 21 calendar days after the issuance of the decision, if 
announced orally at the hearing, or if the decision is in writing, 21 
calendar days after the date of service thereof upon the respondent, 
unless there is an appeal to the Judicial Officer by a party to the 
proceeding pursuant to Sec. 1.426; Provided, however, that no decision 
shall be final for purposes of judicial review except a final decision 
of the Judicial Officer upon appeal.
    (5) The Judicial Officer shall issue a decision within 10 calendar 
days of the receipt of the response to the appeal.



Sec. 1.424  Motions and requests.

    (a) General. All motions and requests shall be filed with the 
Hearing Clerk, and served upon all the parties except motions and 
requests made on the record during the oral hearing.
    (b) Motions entertained. No dispositive motions, including motions 
to dismiss on the pleadings and motions for summary judgment, shall be 
entertained unless specifically mentioned herein or allowed in the 
discretion of the Judge.
    (c) Contents. All written motions and requests shall state the 
particular order, ruling, or action desired and the grounds therefore.
    (d) Response to motions and requests. Within 5 days after service of 
any written motion or request, or within such shorter or longer period 
as may be fixed by the Judge, an opposing party may file a response to 
the motion or request. The other party shall have no right to reply to 
the response.



Sec. 1.425  Judges.

    (a) Assignment. No Judge shall be assigned to serve in any 
proceeding who:
    (1) Has any pecuniary interest in any matter or business involved in 
the proceeding;
    (2) Is related within the third degree by blood or marriage to any 
party to the proceeding; or
    (3) Has any conflict of interest which might impair the Judge's 
objectivity in the proceeding.
    (b) Disqualification of Judge. (1) Any party to the proceeding may, 
by motion made to the Judge, request that the Judge withdraw from the 
proceeding because of an alleged disqualifying reason. Such motion shall 
set forth with particularity the grounds of alleged disqualification. 
The Judge may then either rule upon or certify the motion to the 
Secretary, but not both.
    (2) A Judge shall withdraw from any proceeding for any reason deemed 
by the Judge to be disqualifying.
    (c) Powers. Subject to review as provided elsewhere in this part, 
the Judge, in any assigned proceeding shall have power to:
    (1) Rule upon motions and requests;
    (2) Set the time and place of a pre-hearing conference and the 
hearing, adjourn the hearing from time to time, and change the time and 
place of hearing;
    (3) Administer oaths and affirmations;
    (4) Request the presence of and examine witnesses and receive 
relevant evidence at the hearing;
    (5) Take or order the taking of depositions as authorized under 
these rules;
    (6) Admit or exclude evidence;

[[Page 95]]

    (7) Hear oral argument on facts or law,
    (8) Do all acts and take all measures necessary for the maintenance 
of order, including the exclusion of contumacious counsel or other 
persons;
    (9) Request additional information from any party to aid in the 
Judge's determination; and
    (10) Take all other actions authorized under these procedures.
    (d) Who may act in the absence of the Judge. In case of the absence 
of the Judge or the Judge's inability to act, the powers and duties to 
be performed by the Judge under these rules of practice in connection 
with any assigned proceeding may, without abatement of the proceeding 
unless otherwise directed by the Chief Judge, be assigned to any other 
Judge.



Sec. 1.426  Appeal to Judicial Officer.

    (a) Filing of petition. Within 10 calendar days after receiving 
service of the Judge's decision, a party who disagrees with the 
decision, or any part thereof, or any ruling by the Judge or any alleged 
deprivation of rights, may appeal such decision to the Judicial Officer 
by filing an appeal petition with the Hearing Clerk. As provided in 
Sec. 1.422(e)(2), objections regarding evidence or a limitation 
regarding examination or cross-examination or other rulings made before 
the Judge may be relied upon in an appeal. Each issue set forth in the 
petition, and the arguments thereon, shall be separately numbered; shall 
be plainly and concisely stated; and shall contain detailed citations of 
the record, statutes, regulations or authorities being relied upon in 
support thereof. A brief may be filed in support of the appeal 
simultaneously with the petition. A party filing a petition of appeal to 
the Judicial Officer, and any brief in support thereof, shall serve the 
other parties to the proceeding with a copy of the petition and 
supporting brief. The copies of the petition and supporting brief shall 
be served on the parties to the proceeding with a copy of the petition 
and supporting brief. The copies of the petition and supporting brief 
shall be served on the parties to the proceeding on the same day as the 
petition and supporting brief are filed with the Judicial Officer.
    (b) Response to appeal petition. Within 10 calendar days after the 
service of a copy of an appeal petition and any brief in support 
thereof, filed by a party to the proceeding, any other party may file 
with the Hearing Clerk a response in support of or in opposition to the 
appeal and in such response any relevant issue, not presented in the 
appeal petition, may be raised. A party filing a response to a petition 
of appeal to the Judicial Officer shall serve the other parties to the 
proceeding with a copy of the response. The copies of the response shall 
be served on the parties to the proceeding on the same day as the 
response is filed with the Judicial Officer.
    (c) Transmittal of record. Whenever an appeal of a Judge's decision 
is filed and a response thereto has been filed or time for filing a 
response has expired, the Hearing Clerk shall transmit to the Judicial 
Officer the record of the proceeding. Such record shall include: The 
pleadings; motions and requests filed and rulings thereon; the 
transcript of the testimony taken at the hearing, together with the 
exhibits filed in connection therewith; any documents or papers filed in 
connection with a prehearing conference; such proposed findings of fact, 
conclusions, and orders, and briefs in support thereof, as may have been 
filed in connection with the proceeding; the Judge's decision; such 
exceptions, statements of objections and briefs in support thereof as 
may have been filed in the proceeding; and the appeal petition, and such 
briefs in support thereof and responses thereto as may have been filed 
in the proceeding.
    (d) Decision of the Judicial Officer on appeal. The Judicial 
Officer, upon the basis of and after due consideration of the record and 
any matter of which official notice is taken, shall rule on the appeal 
within 4 months after the institution of the proceeding, pursuant to 16 
U.S.C. 620b(c)(3). If the Judicial Officer decides that no change or 
modification of the Judge's decision is warranted, the Judicial Officer 
may adopt the Judge's decision as the final order in the proceeding, 
preserving any right of the party bringing the appeal to seek

[[Page 96]]

judicial review of such decision in the proper forum. A final order 
issued by the Judicial Officer shall be filed with the Hearing Clerk. 
Such order may be regarded by a party as final for purposes of judicial 
review.



Sec. 1.427  Filing; identification of parties of record; service;
and computation of time.

    (a) Filing; number of copies. Except as otherwise provided in this 
section, all documents or papers required or authorized by the rules in 
this part to be filed with the Hearing Clerk shall be filed in 
duplicate. Any document or paper required or authorized under the rules 
in this part to be filed with the Hearing Clerk shall, during the course 
of an oral hearing, be filed with the Judge.
    (b) Parties of record shall receive a list from the Hearing Clerk of 
the names and addresses of all parties of record immediately after the 
close of the comment period.
    (c) Service; proof of service. (1) Each party of record is 
responsible for serving on every other party and to the Judge all papers 
and documents submitted after the comment period. Service shall be made 
either:
    (i) By delivering a copy of the document or paper to the individual 
to be served or to a member of the partnership to be served, or to the 
president, secretary, or other executive officer or a director of the 
corporation or association to be served, or to the attorney of record 
representing such individual, partnership, corporation, organization, or 
association; or
    (ii) By leaving a copy of the document or paper at the principal 
office or place of business or residence of such individual, 
partnership, corporation, organization, or association, or of the 
attorney or agent of record and mailing by regular mail another copy to 
such person at such address; or
    (iii) By registering or certifying and mailing a copy of the 
document or paper, addressed to such individual, partnership, 
corporation, organization, or association, or to the attorney or agent 
of record, at the last known residence or principal office or place of 
business of such person: Provided, That if the registered or certified 
document or paper is returned undelivered because the addressee refused 
or failed to accept delivery, the document or paper shall be served by 
remailing it by regular mail; or
    (iv) By mailing the document or paper by regular mail.
    (2) Proof of service hereunder shall be made by the certificate of 
the person who actually made the service: Provided, that if the service 
is made by mail, as outlined in paragraph (b)(3) of this section, proof 
of service shall be made by the return post-office receipt, in the case 
of registered or certified mail, and if that service is made by regular 
mail, as outlined in paragraphs (b)(3) and (b)(4) of this section, proof 
of service shall be made by the certificate of the person who mailed the 
matter by regular mail. The certificate and post-office receipt 
contemplated herein shall be filed with the Hearing Clerk, and made a 
part of the record of the proceeding. The Judge and the Hearing Clerk 
shall follow the procedures outlined in (c) for service of papers or 
documents signed by the Judge and/or the Hearing Clerk.
    (d) Effective date of filing. Any document or paper required or 
authorized under the rules in this part to be filed shall be deemed to 
be filed at the time when it reaches the Hearing Clerk; or, if 
authorized to be filed with another officer or employee of the 
Department it shall be deemed to be filed at the time when it reaches 
such officer or employee.
    (e) Computations of time. Saturdays, Sundays and Federal holidays 
shall be included in computing the time allowed for the filing of any 
document or paper except as provided in these rules; Provided, that, 
when such time expires on a Saturday, Sunday, or Federal holiday, such 
period shall be extended to include the next following business day.



Sec. 1.428  Depositions.

    (a) Motion for taking deposition. Upon the motion of a party to the 
proceeding, the Judge may, at any time after the filing of the 
submission, order the taking of testimony by deposition. The Motion 
shall be in writing, shall be filed with the Hearing Clerk, and shall 
set forth:

[[Page 97]]

    (1) The name and address of the proposed deponent;
    (2) The name and address of the person (referred to hereafter in 
this section as the ``officer'') qualified under the regulations in this 
part to take depositions, before whom the proposed examination is to be 
made;
    (3) The proposed time and place of the examination; and
    (4) The reasons why such deposition should be taken, which shall be 
solely for the purpose of eliciting testimony which otherwise might not 
be available at the time of the hearing, for uses as provided in 
paragraph (g) of this section.
    (b) Judge's order for taking deposition. (1) If the Judge finds that 
testimony may not be otherwise available at the hearing, the taking of 
the deposition may be ordered. The order shall be served upon the 
parties, and shall state:
    (i) The time and place of the examination;
    (ii) The name of the officer before whom the examination is to be 
made; and
    (iii) The name of the deponent.
    (2) The officer and the time and place need not be the same as those 
suggested in the motion.
    (c) Qualifications of officer. The deposition shall be made before 
the Judge or before an officer authorized by the law of the United 
States or by the law of the place of the examination to administer 
oaths, or before an officer authorized by the Secretary to administer 
oaths.
    (d) Procedure on examinations. (1) The deponent shall be subject to 
cross-examination. Objections to questions or documents shall be in 
short form, stating the grounds of objections relied upon. The questions 
propounded, together with all objections made (but not including 
argument or debate), shall be recorded verbatim. In lieu of oral 
examination, parties may transmit written questions to the officer prior 
to the examination and the officer shall propound such questions to the 
deponent.
    (2) The applicant shall arrange for the examination of the witness 
either by oral examination, or by written questions upon agreement of 
the parties or as directed by the Judge. If the examination is conducted 
by means of written questions, copies of the questions shall be served 
upon the other party to the proceeding and filed with the officer and 
the other party may serve cross questions and file them with the officer 
at any time prior to the time of the examination.
    (e) Certification by officer. The officer shall certify on the 
deposition that the deponent was duly sworn and that the deposition is a 
true record of the deponent's testimony. The officer shall then securely 
seal the deposition, together with one copy thereof (unless there are 
more than two parties in the proceeding, in which case there should be 
another copy for each additional party), in an envelope and mail the 
same by registered or certified mail to the Hearing Clerk.
    (f) Corrections to the transcript. (1) At any time prior to the 
hearing any party may file a motion proposing corrections to the 
transcript of the deposition.
    (2) Unless a party files such a motion in the manner prescribed, the 
transcript shall be presumed, except for obvious typographical errors, 
to be a true, correct, and complete transcript of the testimony given in 
the deposition proceeding and to contain an accurate description or 
reference to all exhibits in connection therewith, and shall be deemed 
to be certified correct without further procedure.
    (3) At any time prior to use of the deposition in accordance with 
paragraph (g) of this section and after consideration of any objections 
filed thereto, the Judge may issue an order making any corrections in 
the transcript which the Judge finds are warranted, which corrections 
shall be entered onto the original transcript by the Hearing Clerk 
(without obscuring the original text).
    (g) Use of deposition. A deposition ordered and taken in accordance 
with the provisions of this section may be used in a proceeding under 
these rules if the Judge finds that the evidence is otherwise admissible 
and that the witness is dead; that the witness is unable to attend or 
testify because of age, sickness, infirmity, or imprisonment; or that 
such exceptional circumstances exist

[[Page 98]]

as to make it desirable, in the interests of justice, to allow the 
deposition to be used. If the party upon whose motion the deposition was 
taken refuses to offer it in evidence, any other party may offer the 
deposition or any thereof in evidence. If only part of a deposition is 
offered in evidence by a party, an adverse party may require the 
introduction of any other part which ought in fairness to be considered 
with the part introduced and any party may introduce any other parts.



Sec. 1.429  Ex parte communications.

    (a) At no stage of the proceeding between its institution and 
issuance of the final decision shall an employee of the Department who 
is or may reasonably be expected to be involved in the decisional 
process of the proceeding discuss ex parte the merits of the proceeding 
with any person having an interest in the proceeding, or with any 
representative of such person: Provided, That, procedural matters and 
status reports shall not be included within this limitation; and 
Provided further, That an employee of the Department who is or may be 
involved in the decisional process of the proceeding may discuss the 
merits of the proceeding if all parties of record have been given notice 
and an opportunity to participate. A memorandum of any such discussion 
shall be included in the record.
    (b) No interested person shall make or knowingly cause to be made to 
the Judge an ex parte communication relevant to the merits of the 
proceeding.
    (c) If the Judge reviews an ex parte communication in violation of 
this section, the one who receives the communication shall place in the 
public record of the proceeding:
    (1) All such written communication;
    (2) Memoranda stating the substance of all such oral communications; 
and
    (3) All written responses, and memoranda stating the substance of 
all oral responses thereto.
    (d) Upon receipt of a communication knowingly made or knowingly 
caused to be made by a party in violation of this section, the Judge 
may, to the extent consistent with the interests of justice and the 
policy of the underlying statute, require the party to show cause why 
his claim or interest in the proceeding should not be dismissed, denied, 
disregarded, or otherwise adversely affected on account of such 
violation.
    (e) To the extent consistent with the interests of justice and the 
policy of the underlying statute, a violation of this section shall be 
sufficient grounds for a decision adverse to the party who knowingly 
commits a violation of this section or who knowingly causes such a 
violation to occur.
    (f) For purposes of this section ex parte communication means an 
oral or written communication not on the public record with respect to 
which reasonable prior notice to all parties is not given, but it shall 
not include requests for status reports on any matter or the proceeding.



    Subpart N_Policy With Regard to Indemnification of Department of 
                          Agriculture Employees

    Authority: 5 U.S.C. 301.

    Source: At 69 FR 28042, May 18, 2004, unless otherwise noted.



Sec. 1.501  Policy on employee indemnification.

    (a) Indemnification, under the context of this section, shall be the 
policy whereby the Department of Agriculture compensates an employee for 
the legal consequences of conduct, taken within the scope of his or her 
employment, giving rise to a verdict, judgment, or other monetary award 
rendered against the employee.
    (b) The Department of Agriculture may indemnify a Department 
employee (which for the purposes of this regulation shall include a 
former employee) for any verdict, judgment, or other monetary award 
rendered against such employee, provided the Secretary or the 
Secretary's designee determines, in his or her discretion, that the 
conduct giving rise to such verdict, judgment, or award was taken within 
the scope of his or her employment with the Department, and such 
indemnification is in the interest of the United States.

[[Page 99]]

    (c) The Department of Agriculture may pay for the settlement or 
compromise of a personal damage claim against a Department employee by 
the payment of available funds, at any time, provided that the Secretary 
or the Secretary's designee determines, in his or her discretion, that 
the alleged conduct giving rise to the personal damage claim was taken 
within the scope of the employee's employment, and such settlement or 
compromise is in the interest of the United States.
    (d) Absent exceptional circumstances, as determined by the Secretary 
or his or her designee, the Department will not entertain a request to 
agree to indemnify or pay for a settlement of a personal damage claim 
before entry of an adverse judgment, verdict, or other monetary award.
    (e) When a Department employee becomes aware that an action has been 
filed against the employee in his or her individual capacity as a result 
of conduct taken within the scope of his or her employment, the employee 
should immediately notify his or her supervisor that such an action is 
pending. The supervisor shall promptly thereafter notify the Office of 
the General Counsel.
    (f) A Department employee may request indemnification to satisfy a 
verdict, judgment, or monetary award entered against the employee or to 
satisfy the requirements of a settlement proposal. The employee shall 
submit a written request, with appropriate documentation that includes a 
copy of the verdict, judgment, award or settlement proposal, as 
appropriate, to the head of his or her employing component, who shall 
thereupon submit it to the General Counsel, in a timely manner, a 
recommended disposition of the request. The Office of the General 
Counsel shall seek the views of the Department of Justice. The Office of 
the General Counsel shall forward the employee's request, the employing 
component's recommendation, and the General Counsel's recommendation, 
along with the time frame in which a decision is needed, to the 
Secretary or his or her designee for decision. The Secretary or his or 
her designee will decide promptly whether to indemnify or pay for a 
settlement of a personal damage claim.
    (g) Any payment under this section to indemnify a Department 
employee for a personal damage verdict, judgment, or award or to settle 
a personal damage claim shall be contingent upon the availability of 
appropriated funds of the employing component of the United States 
Department of Agriculture.



            Subpart O_Conditions in FERC Hydropower Licenses

    Authority: 16 U.S.C. 797(e), 811, 823d.

    Source: 70 FR 69817, Nov. 17, 2005, unless otherwise noted.

                           General Provisions



Sec. 1.601  What is the purpose of this subpart, and to what license 
proceedings does it apply?

    (a) Hearing process. (1) The regulations in Sec. Sec. 1.601 through 
1.660 contain rules of practice and procedure applicable to hearings on 
disputed issues of material fact with respect to mandatory conditions 
that the Department of Agriculture, Forest Service (Forest Service) may 
develop for inclusion in a hydropower license issued under subchapter I 
of the Federal Power Act (FPA), 16 U.S.C. 791 et seq. The authority to 
develop these conditions is granted by FPA section 4(e), 16 U.S.C. 
797(e), which authorizes the Secretary of Agriculture to condition 
hydropower licenses issued by the Federal Energy Regulatory Commission 
(FERC).
    (2) The hearing process under this subpart does not apply to 
recommendations that the Forest Service may submit to FERC under FPA 
section 10(a), 16 U.S.C. 803(a).
    (3) The FPA also grants the Department of the Interior the authority 
to develop mandatory conditions and prescriptions, and the Department of 
Commerce the authority to develop mandatory prescriptions, for inclusion 
in a hydropower license. Where the Forest Service USDA and either or 
both of these other Departments develop conditions or prescriptions to 
be included in the same hydropower license and where the Departments 
agree to consolidate the hearings under Sec. 1.623:

[[Page 100]]

    (i) A hearing conducted under this subpart will also address 
disputed issues of material fact with respect to any condition or 
prescription developed by one of the other Departments; or
    (ii) A hearing requested under this subpart will be conducted by one 
of the other Departments, pursuant to 43 CFR 45.1 et seq. or 50 CFR 
221.1 et seq., as applicable.
    (4) The regulations in Sec. Sec. 1.601 through 1.660 will be 
construed and applied to each hearing process to achieve a just and 
speedy determination, consistent with adequate consideration of the 
issues involved and the provisions of Sec. 1.660(a).
    (b) Alternatives process. The regulations in Sec. Sec. 1.670 
through 1.673 contain rules of procedure applicable to the submission 
and consideration of alternative conditions under FPA section 33, 16 
U.S.C. 823d. That section allows any party to the license proceeding to 
propose an alternative to a condition deemed necessary by the Forest 
Service under section 4(e).
    (c) Reservation of authority. Where the Forest Service notifies FERC 
that it is reserving its authority to develop one or more conditions 
during the term of the license, the hearing and alternatives processes 
under this subpart for such conditions will be available if and when the 
Forest Service exercises its reserved authority. The Forest Service will 
consult with FERC and notify the license parties regarding how to 
initiate the hearing process and alternatives process at that time.
    (d) Applicability. (1) This subpart applies to any hydropower 
license proceeding for which the license has not been issued as of 
November 17, 2005 and for which one or more preliminary conditions or 
conditions have been or are filed with FERC.
    (2) If the Forest Service has already filed one or more preliminary 
conditions or conditions as of November 17, 2005, the special 
applicability provisions of Sec. 1.604 also apply.



Sec. 1.602  What terms are used in this subpart?

    As used in this subpart:
    ALJ means an administrative law judge appointed under 5 U.S.C. 3105 
and assigned to preside over the hearing process under this subpart.
    Alternative means a condition that a license party other than the 
Forest Service or another Department develops as an alternative to a 
preliminary condition from the Forest Service or another Department, 
under FPA sec. 33, 16 U.S.C. 823d.
    Condition means a condition under FPA sec. 4(e), 16 U.S.C. 797(e), 
for the adequate protection and utilization of a reservation.
    Day means a calendar day.
    Department means the Department of Agriculture, Department of 
Commerce, or Department of the Interior.
    Discovery means a prehearing process for obtaining facts or 
information to assist a party in preparing or presenting its case.
    Ex parte communication means an oral or written communication to the 
ALJ that is made without providing all parties reasonable notice and an 
opportunity to participate.
    FERC means the Federal Energy Regulatory Commission.
    Forest Service means the USDA Forest Service.
    FPA means the Federal Power Act, 16 U.S.C. 791 et seq.
    Hearing Clerk means the Hearing Clerk, USDA, 1400 Independence Ave., 
SW., Washington, DC 20250; phone: 202-720-4443, facsimile: 202-720-9776.
    Intervention means a process by which a person who did not request a 
hearing under Sec. 1.621 can participate as a party to the hearing 
under Sec. 1.622.
    License party means a party to the license proceeding, as that term 
is defined at 18 CFR 385.102(c).
    License proceeding means a proceeding before FERC for issuance of a 
license for a hydroelectric facility under 18 CFR parts 4 or 5.
    Material fact means a fact that, if proved, may affect a 
Department's decision whether to affirm, modify, or withdraw any 
condition or prescription.
    NEPA document means an environmental assessment or environmental 
impact statement issued to comply with the requirements of the National 
Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq.

[[Page 101]]

    NFS means Deputy Chief, National Forest Systems, Forest Service. The 
service and mailing address under this subpart is NFS, Washington Office 
(WO) Lands Staff, Mail Stop 1124, 1400 Independence Avenue, SW., 
Washington, DC 20250-0003, telephone 202-205-1248, facsimile number 202-
205-1604.
    Office of Administrative Law Judges (OALJ) is the office within USDA 
in which ALJs conduct hearings under the regulations in this subpart.
    Party means, with respect to USDA's hearing process:
    (1) A license party that has filed a timely request for a hearing 
under:
    (i) Section 1.621; or
    (ii) Either 43 CFR 45.21 or 50 CFR 221.21, with respect to a hearing 
process consolidated under Sec. 1.623;
    (2) A license party that has filed a timely notice of intervention 
and response under:
    (i) Section 1.622; or
    (ii) Either 43 CFR 45.22 or 50 CFR 221.22, with respect to a hearing 
process consolidated under Sec. 1.623;
    (3) The Forest Service, if it has filed a preliminary condition; and
    (4) Any other Department that has filed a preliminary condition or 
prescription, with respect to a hearing process consolidated under Sec. 
1.623.
    Person means an individual; a partnership, corporation, association, 
or other legal entity; an unincorporated organization; and any federal, 
state, tribal, county, district, territorial, or local government or 
agency.
    Preliminary condition or prescription means a preliminary condition 
or prescription filed by a Department with FERC under 18 CFR 4.34(b), 
4.34(i), or 5.22(a) for potential inclusion in a hydropower license.
    Prescription means a fishway prescribed under FPA sec. 18, 16 U.S.C. 
811, to provide for the safe, timely, and effective passage of fish.
    Representative means a person who:
    (1) Is authorized by a party to represent the party in a hearing 
process under this subpart; and
    (2) Has filed an appearance under Sec. 1.610.
    Reservation has the same meaning as the term ``reservations'' in FPA 
sec. 3(2), 16 U.S.C. 796(2).
    Secretary means the Secretary of Agriculture or his or her designee.
    Senior Department employee has the same meaning as the term ``senior 
employee'' in 5 CFR 2637.211(a).
    USDA means the United States Department of Agriculture.
    You refers to a party other than a Department.



Sec. 1.603  How are time periods computed?

    (a) General. Time periods are computed as follows:
    (1) The day of the act or event from which the period begins to run 
is not included.
    (2) The last day of the period is included.
    (i) If that day is a Saturday, Sunday, or federal holiday, the 
period is extended to the next business day.
    (ii) The last day of the period ends at 5 p.m. at the place where 
the filing or other action is due.
    (3) If the period is less than 7 days, any Saturday, Sunday, or 
federal holiday that falls within the period is not included.
    (b) Extensions of time. (1) No extension of time can be granted to 
file a request for a hearing under Sec. 1.621, a notice of intervention 
and response under Sec. 1.622, an answer under Sec. 1.624, or any 
document under Sec. Sec. 1.670 through 1.673.
    (2) An extension of time to file any other document under this 
subpart may be granted only upon a showing of good cause.
    (i) To request an extension of time, a party must file a motion 
under Sec. 1.635 stating how much additional time is needed and the 
reasons for the request.
    (ii) The party must file the motion before the applicable time 
period expires, unless the party demonstrates extraordinary 
circumstances that justify a delay in filing.
    (iii) The ALJ may grant the extension only if:
    (A) It would not unduly prejudice other parties; and
    (B) It would not delay the decision under Sec. 1.660.



Sec. 1.604  What deadlines apply to pending applications?

    (a) Applicability. (1) This section applies to any case in which the 
Forest

[[Page 102]]

Service has filed a preliminary condition or condition with FERC before 
November 17, 2005 and FERC has not issued a license as of that date.
    (2) The deadlines in this section will apply in such a case, in lieu 
of any inconsistent deadline in other sections of this subpart.
    (b) Hearing process. (1) Any request for a hearing under Sec. 1.621 
must be filed with NFS by December 19, 2005.
    (2) Any notice of intervention and response under Sec. 1.622 must 
be filed by January 3, 2006.
    (3) Upon receipt of a hearing request under paragraph (b)(1) of this 
section, the Forest Service must do the following by March 17, 2006:
    (i) Comply with the requirements of Sec. 1.623;
    (ii) Determine jointly with any other Department that has received a 
hearing request, after consultation with FERC, a time frame for the 
hearing process and a corresponding deadline for the Forest Service to 
file an answer under Sec. 1.624; and
    (iii) Issue a notice to each party specifying the time frame for the 
hearing process, including the deadline for the Forest Service to file 
an answer.
    (c) Alternatives process. (1) Any alternative under Sec. 1.671 must 
be filed with NFS by December 19, 2005.
    (2) Upon receipt of an alternative under paragraph (c)(1) of this 
section, if no hearing request is filed under paragraph (b)(1) of this 
section, the Forest Service must do the following by February 15, 2006:
    (i) Determine jointly with any other Department that has received a 
related alternative, after consultation with FERC, a time frame for the 
filing of a modified condition under Sec. 1.672(b); and
    (ii) Issue a notice to the license party that has submitted the 
alternative, specifying the time frame for the filing of a modified 
condition.
    (3) Upon receipt of an alternative under paragraph (c)(1) of this 
section, if a hearing request is also filed under paragraph (b)(1) of 
this section, the Forest Service will follow the provisions of paragraph 
(b)(3) of this section.

                             Hearing Process

                             Representatives



Sec. 1.610  Who may represent a party, and what requirements apply to 
a representative?

    (a) Individuals. A party who is an individual may either represent 
himself or herself in the hearing process under this subpart or 
authorize an attorney to represent him or her.
    (b) Organizations. A party that is an organization or other entity 
may authorize one of the following to represent it:
    (1) An attorney;
    (2) A partner, if the entity is a partnership;
    (3) An officer or full-time employee, if the entity is a 
corporation, association, or unincorporated organization;
    (4) A receiver, administrator, executor, or similar fiduciary, if 
the entity is a receivership, trust, or estate; or
    (5) An elected or appointed official or an employee, if the entity 
is a federal, state, tribal, county, district, territorial, or local 
government or component.
    (c) Appearance. A representative must file a notice of appearance. 
The notice must:
    (1) Meet the form and content requirements for documents under Sec. 
1.611;
    (2) Include the name and address of the person on whose behalf the 
appearance is made;
    (3) If the representative is an attorney, include a statement that 
he or she is a member in good standing of the bar of the highest court 
of a state, the District of Columbia, or any territory or commonwealth 
of the United States (identifying which one); and
    (4) If the representative is not an attorney, include a statement 
explaining his or her authority to represent the entity.
    (d) Disqualification. The ALJ may disqualify any representative for 
misconduct or other good cause.

                       Document Filing and Service



Sec. 1.611  What are the form and content requirements for documents
under Sec. Sec. 1.610 through 1.660?

    (a) Form. Each document filed in a case under Sec. Sec. 1.610 
through 1.660 must:

[[Page 103]]

    (1) Measure 8\1/2\ by 11 inches, except that a table, chart, 
diagram, or other attachment may be larger if folded to 8\1/2\ by 11 
inches and attached to the document;
    (2) Be printed on just one side of the page;
    (3) Be clearly typewritten, printed, or otherwise reproduced by a 
process that yields legible and permanent copies;
    (4) Use 10 point font size or larger;
    (5) Be double-spaced except for footnotes and long quotations, which 
may be single-spaced;
    (6) Have margins of at least 1 inch; and
    (7) Be bound on the left side, if bound.
    (b) Caption. Each document filed under Sec. Sec. 1.610 through 
1.660 must begin with a caption that sets forth:
    (1) The name of the case under Sec. Sec. 1.610 through 1.660 and 
the docket number, if one has been assigned;
    (2) The name and docket number of the license proceeding to which 
the case under Sec. Sec. 1.610 through 1.660 relates; and
    (3) A descriptive title for the document, indicating the party for 
whom it is filed and the nature of the document.
    (c) Signature. The original of each document filed under Sec. Sec. 
1.610 through 1.660 must be signed by the representative of the person 
for whom the document is filed. The signature constitutes a 
certification by the representative that he or she has read the 
document; that to the best of his or her knowledge, information, and 
belief, the statements made in the document are true; and that the 
document is not being filed for the purpose of causing delay.
    (d) Contact information. Below the representative's signature, the 
document must provide the representative's name, mailing address, street 
address (if different), telephone number, facsimile number (if any), and 
electronic mail address (if any).



Sec. 1.612  Where and how must documents be filed?

    (a) Place of filing. Any documents relating to a case under 
Sec. Sec. 1.610 through 1.660 must be filed with the appropriate 
office, as follows:
    (1) Before NFS refers a case for docketing under Sec. 1.625, any 
documents must be filed with NFS. NFS's address, telephone number, and 
facsimile number are set forth in Sec. 1.602.
    (2) NFS will notify the parties of the date on which it refers a 
case for docketing under Sec. 1.625. After that date, any documents 
must be filed with:
    (i) The Hearing Clerk, if USDA will be conducting the hearing. The 
Hearing Clerk's address, telephone number, and facsimile number are set 
forth in Sec. 1.602; or
    (ii) The hearings component of or used by another Department, if 
that Department will be conducting the hearing under Sec. 1.625. The 
name, address, telephone number, and facsimile number of the appropriate 
hearings component will be provided in the referral notice from the 
Forest Service.
    (b) Method of filing. (1) A document must be filed with the 
appropriate office under paragraph (a) of this section using one of the 
following methods:
    (i) By hand delivery of the original document;
    (ii) By sending the original document by express mail or courier 
service for delivery on the next business day; or
    (iii) By sending the document by facsimile if:
    (A) The document is 20 pages or less, including all attachments;
    (B) The sending facsimile machine confirms that the transmission was 
successful; and
    (C) The original of the document is sent by regular mail on the same 
day.
    (2) Parties are encouraged, but not required, to supplement any 
filing by providing the appropriate office with an electronic copy of 
the document on diskette or compact disc.
    (c) Date of filing. A document under Sec. Sec. 1.610 through 1.660 
is considered filed on the date it is received. However, any document 
received after 5 p.m. at the place where the filing is due is considered 
filed on the next regular business day.
    (d) Nonconforming documents. If any document submitted for filing 
under Sec. Sec. 1.610 through 1.660 does not comply with the 
requirements of Sec. Sec. 1.610 through 1.660 or any applicable order, 
it may be rejected. If the defect is

[[Page 104]]

minor, the party may be notified of the defect and given a chance to 
correct it.



Sec. 1.613  What are the requirements for service of documents?

    (a) Filed documents. Any document related to a case under Sec. Sec. 
1.610 through 1.660 must be served at the same time the document is 
delivered or sent for filing. Copies must be served as follows:
    (1) A complete copy of any request for a hearing under Sec. 1.621 
must be served on FERC and each license party, using one of the methods 
of service in paragraph (c) of this section.
    (2) A complete copy of any notice of intervention and response under 
Sec. 1.622 must be:
    (i) Served on FERC, the license applicant, any person who has filed 
a request for hearing under Sec. 1.621, and the Forest Service, using 
one of the methods of service in paragraph (c) of this section; and
    (ii) Sent to any other license party using regular mail.
    (3) A complete copy of any other filed document must be served on 
each party, using one of the methods of service in paragraph (c) of this 
section.
    (b) Documents issued by the Hearing Clerk or ALJ. A complete copy of 
any notice, order, decision, or other document issued by the Hearing 
Clerk or the ALJ under Sec. Sec. 1.610 through 1.660 must be served on 
each party, using one of the methods of service in paragraph (c) of this 
section.
    (c) Method of service. Service must be accomplished by one of the 
following methods:
    (1) By hand delivery of the document;
    (2) By sending the document by express mail or courier service for 
delivery on the next business day;
    (3) By sending the document by facsimile if:
    (i) The document is 20 pages or less, including all attachments;
    (ii) The sending facsimile machine confirms that the transmission 
was successful; and
    (iii) The document is sent by regular mail on the same day; or
    (4) By sending the document, including all attachments, by 
electronic mail if:
    (i) A copy of the document is sent by regular mail on the same day; 
and
    (ii) The party acknowledges receipt of the document by close of the 
next business day.
    (d) Acknowledgment of service. Any party who receives a document 
under Sec. Sec. 1.610 through 1.660 by electronic mail must promptly 
send a reply electronic mail message acknowledging receipt.
    (e) Certificate of service. A certificate of service must be 
attached to each document filed under Sec. Sec. 1.610 through 1.660. 
The certificate must be signed by the party's representative and include 
the following information:
    (1) The name, address, and other contact information of each party's 
representative on whom the document was served;
    (2) The means of service, including information indicating 
compliance with paragraph (c)(3) or (c)(4) of this section, if 
applicable; and
    (3) The date of service.

                      Initiation of Hearing Process



Sec. 1.620  What supporting information must the Forest Service provide
with its preliminary conditions?

    (a) Supporting information. (1) When the Forest Service files 
preliminary conditions with FERC, it must include a rationale for the 
conditions and an index to the Forest Service's administrative record 
that identifies all documents relied upon.
    (2) If any of the documents relied upon are not already in the 
license proceeding record, the Forest Service must:
    (i) File them with FERC at the time it files the preliminary 
conditions; and
    (ii) Provide paper or electronic copies to the license applicant.
    (b) Service. In addition to serving a copy of its preliminary 
conditions on each license party, the Forest Service must provide a copy 
to the Hearing Clerk if and when a request for a hearing is filed with 
respect to the preliminary conditions.



Sec. 1.621  How do I request a hearing?

    (a) General. To request a hearing on disputed issues of material 
fact with respect to any condition filed by the Forest Service, you 
must:
    (1) Be a license party; and
    (2) File with NFS a written request for a hearing within 30 days 
after the

[[Page 105]]

deadline for the Departments to file preliminary conditions with FERC.
    (b) Content. Your hearing request must contain:
    (1) A numbered list of the factual issues that you allege are in 
dispute, each stated in a single, concise sentence; and
    (2) The following information with respect to each issue:
    (i) The specific factual statements made or relied upon by the 
Forest Service under Sec. 1.620(a) that you dispute;
    (ii) The basis for your opinion that those factual statements are 
unfounded or erroneous;
    (iii) The basis for your opinion that any factual dispute is 
material; and
    (iv) With respect to any scientific studies, literature, and other 
documented information supporting your opinions under paragraphs 
(b)(2)(ii) and (b)(2)(iii) of this section, specific citations to the 
information relied upon. If any such document is not already in the 
license proceeding record, you must provide a copy with the request.
    (c) Witnesses and exhibits. Your hearing request must also list the 
witnesses and exhibits that you intend to present at the hearing, other 
than solely for impeachment purposes.
    (1) For each witness listed, you must provide:
    (i) His or her name, address, telephone number, and qualifications; 
and
    (ii) A brief narrative summary of his or her expected testimony.
    (2) For each exhibit listed, you must specify whether it is in the 
license proceeding record.
    (d) Page limits. (1) For each disputed factual issue, the 
information provided under paragraph (b)(2) of this section may not 
exceed two pages.
    (2) For each witness, the information provided under paragraph 
(c)(1) of this section may not exceed one page.



Sec. 1.622  How do I file a notice of intervention and response?

    (a) General. (1) To intervene as a party to the hearing process, you 
must:
    (i) Be a license party; and
    (ii) File with NFS a notice of intervention and a written response 
to any request for a hearing within 15 days after the date of service of 
the request for a hearing.
    (2) A license party filing a notice of intervention and response may 
not raise issues of material fact beyond those raised in the hearing 
request.
    (b) Content. In your notice of intervention and response you must 
explain your position with respect to the issues of material fact raised 
in the hearing request under Sec. 1.621(b).
    (1) If you agree with the information provided by the Forest Service 
under Sec. 1.620(a) or by the requester under Sec. 1.621(b), your 
response may refer to the Forest Service's explanation or the 
requester's hearing request for support.
    (2) If you wish to rely on additional information or analysis, your 
response must provide the same level of detail with respect to the 
additional information or analysis as required under Sec. 1.621(b).
    (c) Witnesses and exhibits. Your response and notice must also list 
the witnesses and exhibits that you intend to present at the hearing, 
other than solely for impeachment purposes.
    (1) For each witness listed, you must provide:
    (i) His or her name, address, telephone number, and qualifications; 
and
    (ii) A brief narrative summary of his or her expected testimony; and
    (2) For each exhibit listed, you must specify whether it is in the 
license proceeding record.
    (d) Page limits. (1) For each disputed factual issue, the 
information provided under paragraph (b) of this section may not exceed 
two pages.
    (2) For each witness, the information provided under paragraph 
(c)(1) of this section may not exceed one page.



Sec. 1.623  When will hearing requests be consolidated?

    (a) Initial Department coordination. If the Forest Service has 
received a copy of a hearing request, it must contact the other 
Departments within 10 days after the deadline for filing hearing 
requests under Sec. 1.621 and determine:
    (1) Whether any of the other Departments has also filed a 
preliminary condition or prescription relating to the license with FERC; 
and

[[Page 106]]

    (2) If so, whether the other Department has also received a hearing 
request with respect to the preliminary condition or prescription.
    (b) Decision on consolidation. Within 25 days after the deadline for 
filing hearing requests under Sec. 1.621, if the Forest Service has 
received a hearing request, it must:
    (1) Consult with any other Department that has also received a 
hearing request; and
    (2) Decide jointly with the other Department:
    (i) Whether to consolidate the cases for hearing under paragraphs 
(c)(3)(ii) through (c)(3)(iv) of this section; and
    (ii) If so, which Department will conduct the hearing on their 
behalf.
    (c) Criteria. Cases will or may be consolidated as follows:
    (1) All hearing requests with respect to any conditions from the 
same Department will be consolidated for hearing.
    (2) All hearing requests with respect to any prescriptions from the 
same Department will be consolidated for hearing.
    (3) Any or all of the following may be consolidated for hearing, if 
the Departments involved determine that there are common issues of 
material fact or that consolidation is otherwise appropriate:
    (i) Two or more hearing requests with respect to any condition and 
any prescription from the same Department;
    (ii) Two or more hearing requests with respect to conditions from 
different Departments;
    (iii) Two or more hearing requests with respect to prescriptions 
from different Departments; or
    (iv) Two or more hearing requests with respect to any condition from 
one Department and any prescription from another Department.



Sec. 1.624  How will the Forest Service respond to any hearing requests?

    (a) General. Within 45 days after the deadline in Sec. 1.621(a)(2), 
the Forest Service may file with the Hearing Clerk an answer to any 
hearing request under Sec. 1.621.
    (b) Content. If the Forest Service files an answer:
    (1) For each of the numbered factual issues listed under Sec. 
1.621(b)(1), the answer must explain the Forest Service's position with 
respect to the issues of material fact raised by the requester, 
including one or more of the following statements as appropriate:
    (i) That the Forest Service is willing to stipulate to the facts as 
alleged by the requester;
    (ii) That the Forest Service believes the issue listed by the 
requester is not a factual issue, explaining the basis for such belief;
    (iii) That the Forest Service believes the issue listed by the 
requester is not material, explaining the basis for such belief; or
    (iv) That the Forest Service agrees that the issue is factual, 
material, and in dispute.
    (2) The answer must also indicate whether the hearing request will 
be consolidated with one or more other hearing requests under Sec. 
1.623 and, if so:
    (i) Identify any other hearing request that will be consolidated 
with this hearing request; and
    (ii) State which Department will conduct the hearing and provide 
contact information for the appropriate Department hearings component.
    (c) Witnesses and exhibits. The Forest Service's answer must also 
list the witnesses and exhibits that it intends to present at the 
hearing, other than solely for impeachment purposes.
    (1) For each witness listed, the Forest Service must provide:
    (i) His or her name, address, telephone number, and qualifications; 
and
    (ii) A brief narrative summary of his or her expected testimony.
    (2) For each exhibit listed, the Forest Service must specify whether 
it is in the license proceeding record
    (d) Page limits. (1) For each disputed factual issue, the 
information provided under paragraph (b)(1) of this section may not 
exceed two pages.
    (2) For each witness, the information provided under paragraph 
(c)(1) of this section may not exceed one page.
    (e) Notice in lieu of answer. If the Forest Service elects not to 
file an answer to a hearing request:

[[Page 107]]

    (1) The Forest Service is deemed to agree that the issues listed by 
the requester are factual, material, and in dispute;
    (2) The Forest Service may file a list of witnesses and exhibits 
with respect to the request only as provided in Sec. 1.642(b); and
    (3) The Forest Service must file a notice containing the information 
required by paragraph (b)(2) of this section, if the hearing request 
will be consolidated with one or more other hearing requests under Sec. 
1.623.



Sec. 1.625  What will the Forest Service do with any hearing requests?

    (a) Case referral. Within 5 days after receipt of the Forest 
Service's answer, NFS will refer the case for a hearing as follows:
    (1) If the hearing is to be conducted by USDA, NFS will refer the 
case to the OALJ.
    (2) If the hearing is to be conducted by another Department, NFS 
will refer the case to the hearings component used by that Department.
    (b) Content. The case referral will consist of the following:
    (1) A copy of any preliminary condition under Sec. 1.620;
    (2) The original of any hearing request under Sec. 1.621;
    (3) The original of any notice of intervention and response under 
Sec. 1.622;
    (4) The original of any answer under Sec. 1.624; and
    (5) An original referral notice under paragraph (c) of this section.
    (c) Notice. At the time NFS refers the case for a hearing, it must 
provide a referral notice that contains the following information:
    (1) The name, address, telephone number, and facsimile number of the 
Department hearings component that will conduct the hearing;
    (2) The name, address, and other contact information for the 
representative of each party to the hearing process;
    (3) An identification of any other hearing request that will be 
consolidated with this hearing request; and
    (4) The date on which NFS is referring the case for docketing.
    (d) Delivery and service. (1) NFS must refer the case to the 
appropriate Department hearings component by one of the methods 
identified in Sec. 1.612(b)(1)(i) and (b)(1)(ii).
    (2) NFS must serve a copy of the referral notice on FERC and each 
party to the hearing by one of the methods identified in Sec. 
1.613(c)(1) and (c)(2).



Sec. 1.626  What regulations apply to a case referred for a hearing?

    (a) If NFS refers the case to OALJ, these regulations will continue 
to apply to the hearing process.
    (b) If NFS refers the case to the Department of the Interior's 
Office of Hearing and Appeals, the regulations at 43 CFR 45.1 et seq. 
will apply from that point.
    (c) If NFS refers the case to the Department of Commerce's 
designated ALJ office, the regulations at 50 CFR 221.1 et seq. will 
apply from that point.

                 General Provisions Related to Hearings



Sec. 1.630  What will OALJ do with a case referral?

    Within 5 days after issuance of the referral notice under Sec. 
1.625(c), 43 CFR 45.25(c), or 50 CFR 221.25(c):
    (a) The Hearing Clerk must:
    (1) Docket the case;
    (2) Assign an ALJ to preside over the hearing process and issue a 
decision; and
    (3) Issue a docketing notice that informs the parties of the docket 
number and the ALJ assigned to the case; and
    (b) The ALJ must issue a notice setting the time, place, and method 
for conducting an initial prehearing conference under Sec. 1.640. This 
notice may be combined with the docketing notice under paragraph (a)(3) 
of this section.



Sec. 1.631  What are the powers of the ALJ?

    The ALJ will have all powers necessary to conduct a fair, orderly, 
expeditious, and impartial hearing process, consistent with the 
requirements of Sec. 1.660(a), including the powers to:
    (a) Administer oaths and affirmations;
    (b) Issue subpoenas to the extent authorized by law;
    (c) Rule on motions;
    (d) Authorize discovery as provided for in Sec. Sec. 1.641 through 
1.647;
    (e) Hold hearings and conferences;

[[Page 108]]

    (f) Regulate the course of hearings;
    (g) Call and question witnesses;
    (h) Exclude any person from a hearing or conference for misconduct 
or other good cause;
    (i) Issue a decision consistent with Sec. 1.660(b) regarding any 
disputed issues of material fact relating to the Forest Service's or 
other Department's condition or prescription that has been referred to 
the ALJ for hearing; and
    (j) Take any other action authorized by law.



Sec. 1.632  What happens if the ALJ becomes unavailable?

    (a) If the ALJ becomes unavailable or otherwise unable to perform 
the duties described in Sec. 1.631, the OALJ shall designate a 
successor.
    (b) If a hearing has commenced and the ALJ cannot proceed with it, a 
successor ALJ may do so. At the request of a party, the successor ALJ 
may recall any witness whose testimony is material and disputed, and who 
is available to testify again without undue burden. The successor ALJ 
may, within his or her discretion, recall any other witness.



Sec. 1.633  Under what circumstances may the ALJ be disqualified?

    (a) The ALJ may withdraw from a case at any time the ALJ deems 
himself or herself disqualified.
    (b) At any time before issuance of the ALJ's decision, any party may 
move that the ALJ disqualify himself or herself for personal bias or 
other valid cause.
    (1) The party must file the motion promptly after discovering facts 
or other reasons allegedly constituting cause for disqualification.
    (2) The party must file with the motion an affidavit or declaration 
setting forth the facts or other reasons in detail.
    (c) The ALJ must rule upon the motion, stating the grounds for the 
ruling.
    (1) If the ALJ concludes that the motion is timely and meritorious, 
he or she must disqualify himself or herself and withdraw from the case.
    (2) If the ALJ does not disqualify himself or herself and withdraw 
from the case, the ALJ must continue with the hearing process and issue 
a decision.



Sec. 1.634  What is the law governing ex parte communications?

    (a) Ex parte communications with the ALJ or his or her staff are 
prohibited in accordance with 5 U.S.C. 554(d).
    (b) This section does not prohibit ex parte inquiries concerning 
case status or procedural requirements, unless the inquiry involves an 
area of controversy in the hearing process.



Sec. 1.635  What are the requirements for motions?

    (a) General. Any party may apply for an order or ruling on any 
matter related to the hearing process by presenting a motion to the ALJ. 
A motion may be presented any time after the Hearing Clerk issues a 
docketing notice under Sec. 1.630.
    (1) A motion made at a hearing may be stated orally on the record, 
unless the ALJ directs that it be reduced to writing.
    (2) Any other motion must:
    (i) Be in writing;
    (ii) Comply with the requirements of Sec. Sec. 1.610 through 1.613 
with respect to form, content, filing, and service; and
    (iii) Not exceed 10 pages.
    (b) Content. (1) Each motion must state clearly and concisely:
    (i) Its purpose and the relief sought;
    (ii) The facts constituting the grounds for the relief sought; and
    (iii) Any applicable statutory or regulatory authority.
    (2) A proposed order must accompany the motion.
    (c) Response. Except as otherwise required by this subpart or by 
order of the ALJ, any other party may file a response to a written 
motion within 10 days after service of the motion. When a party presents 
a motion at a hearing, any other party may present a response orally on 
the record.
    (d) Reply. Unless the ALJ orders otherwise, no reply to a response 
may be filed.
    (e) Effect of filing. Unless the ALJ orders otherwise, the filing of 
a motion does not stay the hearing process.
    (f) Ruling. The ALJ will rule on the motion as soon as practicable, 
either orally on the record or in writing. He

[[Page 109]]

or she may summarily deny any dilatory, repetitive, or frivolous motion.

                  Prehearing Conferences and Discovery



Sec. 1.640  What are the requirements for prehearing conferences?

    (a) Initial prehearing conference. The ALJ will conduct an initial 
prehearing conference with the parties at the time specified in the 
docketing notice under Sec. 1.630, on or about the 20th day after 
issuance of the referral notice under Sec. 1.625(c).
    (1) The initial prehearing conference will be used:
    (i) To identify, narrow, and clarify the disputed issues of material 
fact and exclude issues that do not qualify for review as factual, 
material, and disputed;
    (ii) To consider the parties' motions for discovery under Sec. 
1.641 and to set a deadline for the completion of discovery;
    (iii) To discuss the evidence on which each party intends to rely at 
the hearing;
    (iv) To set the deadline for submission of written testimony under 
Sec. 1.652; and
    (v) To set the date, time, and place of the hearing.
    (2) The initial prehearing conference may also be used:
    (i) To discuss limiting and grouping witnesses to avoid duplication;
    (ii) To discuss stipulations of fact and of the content and 
authenticity of documents;
    (iii) To consider requests that the ALJ take official notice of 
public records or other matters;
    (iv) To discuss the submission of written testimony, briefs, or 
other documents in electronic form; and
    (v) To consider any other matters that may aid in the disposition of 
the case.
    (b) Other conferences. The ALJ may in his or her discretion direct 
the parties to attend one or more other prehearing conferences, if 
consistent with the need to complete the hearing process within 90 days. 
Any party may by motion request a conference.
    (c) Notice. The ALJ must give the parties reasonable notice of the 
time and place of any conference. A conference will ordinarily be held 
by telephone, unless the ALJ orders otherwise.
    (d) Preparation. (1) Each party's representative must be fully 
prepared for a discussion of all issues properly before the conference, 
both procedural and substantive. The representative must be authorized 
to commit the party that he or she represents respecting those issues.
    (2) Before the date set for the initial prehearing conference, the 
parties' representatives must make a good faith effort:
    (i) To meet in person, by telephone, or by other appropriate means; 
and
    (ii) To reach agreement on discovery and the schedule of remaining 
steps in the hearing process.
    (e) Failure to attend. Unless the ALJ orders otherwise, a party that 
fails to attend or participate in a conference, after being served with 
reasonable notice of its time and place, waives all objections to any 
agreements reached in the conference and to any consequent orders or 
rulings.
    (f) Scope. During a conference, the ALJ may dispose of any 
procedural matters related to the case.
    (g) Order. Within 2 days after the conclusion of each conference, 
the ALJ must issue an order that recites any agreements reached at the 
conference and any rulings made by the ALJ during or as a result of the 
conference.



Sec. 1.641  How may parties obtain discovery of information needed for the case?

    (a) General. By agreement of the parties or with the permission of 
the ALJ, a party may obtain discovery of information to assist the party 
in preparing or presenting its case. Available methods of discovery are:
    (1) Written interrogatories;
    (2) Depositions as provided in paragraph (h) of this section; and
    (3) Requests for production of designated documents or tangible 
things or for entry on designated land for inspection or other purposes.
    (b) Criteria. Discovery may occur only as agreed to by the parties 
or as authorized by the ALJ in a written order or during a prehearing 
conference. The ALJ may authorize discovery only if

[[Page 110]]

the party requesting discovery demonstrates:
    (1) That the discovery will not unreasonably delay the hearing 
process;
    (2) That the information sought:
    (i) Will be admissible at the hearing or appears reasonably 
calculated to lead to the discovery of admissible evidence;
    (ii) Is not already in the license proceeding record or otherwise 
obtainable by the party;
    (iii) Is not cumulative or repetitious; and
    (iv) Is not privileged or protected from disclosure by applicable 
law;
    (3) That the scope of the discovery is not unduly burdensome;
    (4) That the method to be used is the least burdensome method 
available;
    (5) That any trade secrets or proprietary information can be 
adequately safeguarded; and
    (6) That the standards for discovery under paragraphs (f) through 
(h) of this section have been met, if applicable.
    (c) Motions. A party may initiate discovery:
    (1) Pursuant to an agreement of the parties; or
    (2) By filing a motion that:
    (i) Briefly describes the proposed method(s), purpose, and scope of 
the discovery;
    (ii) Explains how the discovery meets the criteria in paragraphs 
(b)(1) through (b)(6) of this section; and
    (iii) Attaches a copy of any proposed discovery request (written 
interrogatories, notice of deposition, or request for production of 
designated documents or tangible things or for entry on designated 
land).
    (d) Timing of motions. A party must file any discovery motion under 
paragraph (c)(2) of this section within 7 days after issuance of the 
referral notice under Sec. 1.625(c).
    (e) Objections. (1) A party must file any objections to a discovery 
motion or to specific portions of a proposed discovery request within 7 
days after service of the motion.
    (2) An objection must explain how, in the objecting party's view, 
the discovery sought does not meet the criteria in paragraphs (b)(1) 
through (b)(6) of this section.
    (f) Materials prepared for hearing. A party generally may not obtain 
discovery of documents and tangible things otherwise discoverable under 
paragraph (b) of this section if they were prepared in anticipation of 
or for the hearing by or for another party's representative (including 
the party's attorney, expert, or consultant).
    (1) If a party wants to discover such materials, it must show:
    (i) That it has substantial need of the materials in preparing its 
own case; and
    (ii) That the party is unable without undue hardship to obtain the 
substantial equivalent of the materials by other means.
    (2) In ordering discovery of such materials when the required 
showing has been made, the ALJ must protect against disclosure of the 
mental impressions, conclusions, opinions, or legal theories of an 
attorney.
    (g) Experts. Unless restricted by the ALJ, a party may discover any 
facts known or opinions held by an expert concerning any relevant 
matters that are not privileged. Such discovery will be permitted only 
if:
    (1) The expert is expected to be a witness at the hearing; or
    (2) The expert is relied on by another expert who is expected to be 
a witness at the hearing, and the party shows:
    (i) That it has a compelling need for the information; and
    (ii) That it cannot practicably obtain the information by other 
means.
    (h) Limitations on depositions. (1) A party may depose a witness 
only if the party shows that the witness:
    (i) Will be unable to attend the hearing because of age, illness, or 
other incapacity; or
    (ii) Is unwilling to attend the hearing voluntarily, and the party 
is unable to compel the witness's attendance at the hearing by subpoena.
    (2) Paragraph (h)(1)(ii) of this section does not apply to any 
person employed by or under contract with the party seeking the 
deposition.
    (3) A party may depose a senior Department employee only if the 
party shows:
    (i) That the employee's testimony is necessary in order to provide 
significant, unprivileged information that is

[[Page 111]]

not available from any other source or by less burdensome means; and
    (ii) That the deposition would not significantly interfere with the 
employee's ability to perform his or her government duties.
    (i) Completion of discovery. All discovery must be completed within 
25 days after the initial prehearing conference, unless the ALJ sets a 
different deadline.



Sec. 1.642  When must a party supplement or amend information it
has previously provided?

    (a) Discovery. A party must promptly supplement or amend any prior 
response to a discovery request if it learns that the response:
    (1) Was incomplete or incorrect when made; or
    (2) Though complete and correct when made, is now incomplete or 
incorrect in any material respect.
    (b) Witnesses and exhibits. (1) Within 5 days after the date set for 
completion of discovery, each party must file an updated version of the 
list of witnesses and exhibits required under Sec. Sec. 1.621(c), 
1.622(c), or 1.624(c).
    (2) If a party wishes to include any new witness or exhibit on its 
updated list, it must provide an explanation of why it was not feasible 
for the party to include the witness or exhibit on its list under 
Sec. Sec. 1.621(c), 1.622(c), or 1.624(c).
    (c) Failure to disclose. (1) A party that fails to disclose 
information required under Sec. Sec. 1.621(c), 1.622(c), or 1.624(c), 
or paragraphs (a) or (b) of this section, will not be permitted to 
introduce as evidence at the hearing testimony from a witness or other 
information that it failed to disclose.
    (2) Paragraph (c)(1) of this section does not apply if the failure 
to disclose was substantially justified or is harmless.
    (3) Before or during the hearing, a party may object to the 
admission of evidence under paragraph (c)(1) of this section.
    (4) The ALJ will consider the following in determining whether to 
exclude evidence under paragraphs (c)(1) through (c)(3) of this section:
    (i) The prejudice to the objecting party;
    (ii) The ability of the objecting party to cure any prejudice;
    (iii) The extent to which presentation of the evidence would disrupt 
the orderly and efficient hearing of the case;
    (iv) The importance of the evidence; and
    (v) The reason for the failure to disclose, including any bad faith 
or willfulness regarding the failure.



Sec. 1.643  What are the requirements for written interrogatories?

    (a) Motion. Except upon agreement of the parties, a party wishing to 
propound interrogatories must file a motion under Sec. 1.641(c).
    (b) ALJ order. During or promptly after the initial prehearing 
conference, the ALJ will issue an order under Sec. 1.641(b) with 
respect to any discovery motion requesting the use of written 
interrogatories. The order will:
    (1) Grant the motion and approve the use of some or all of the 
proposed interrogatories; or
    (2) Deny the motion.
    (c) Answers to interrogatories. Except upon agreement of the 
parties, the party to whom the proposed interrogatories are directed 
must file its answers to any interrogatories approved by the ALJ within 
15 days after issuance of the order under paragraph (b) of this section.
    (1) Each approved interrogatory must be answered separately and 
fully in writing.
    (2) The party or its representative must sign the answers to 
interrogatories under oath or affirmation.
    (d) Access to records. A party's answer to an interrogatory is 
sufficient when:
    (1) The information may be obtained from an examination of records, 
or from a compilation, abstract, or summary based on such records;
    (2) The burden of obtaining the information from the records is 
substantially the same for all parties;
    (3) The answering party specifically identifies the individual 
records from which the requesting party may obtain the information and 
where the records are located; and
    (4) The answering party provides the requesting party with 
reasonable opportunity to examine the records and

[[Page 112]]

make a copy, compilation, abstract, or summary.



Sec. 1.644  What are the requirements for depositions?

    (a) Motion and notice. Except upon agreement of the parties, a party 
wishing to take a deposition must file a motion under Sec. 1.641(c). 
Any notice of deposition filed with the motion must state:
    (1) The time and place that the deposition is to be taken;
    (2) The name and address of the person before whom the deposition is 
to be taken;
    (3) The name and address of the witness whose deposition is to be 
taken; and
    (4) Any documents or materials that the witness is to produce.
    (b) ALJ order. During or promptly after the initial prehearing 
conference, the ALJ will issue an order under Sec. 1.641(b) with 
respect to any discovery motion requesting the taking of a deposition. 
The order will:
    (1) Grant the motion and approve the taking of the deposition, 
subject to any conditions or restrictions the ALJ may impose; or
    (2) Deny the motion.
    (c) Arrangements. If the parties agree to or the ALJ approves the 
taking of the deposition, the party requesting the deposition must make 
appropriate arrangements for necessary facilities and personnel.
    (1) The deposition will be taken at the time and place agreed to by 
the parties or indicated in the ALJ's order.
    (2) The deposition may be taken before any disinterested person 
authorized to administer oaths in the place where the deposition is to 
be taken.
    (3) Any party that objects to the taking of a deposition because of 
the disqualification of the person before whom it is to be taken must do 
so:
    (i) Before the deposition begins; or
    (ii) As soon as the disqualification becomes known or could have 
been discovered with reasonable diligence.
    (4) A deposition may be taken by telephone conference call, if 
agreed to by the parties or approved in the ALJ's order.
    (d) Testimony. Each witness deposed must be placed under oath or 
affirmation, and the other parties must be given an opportunity for 
cross-examination.
    (e) Representation of witness. The witness being deposed may have 
counsel or another representative present during the deposition.
    (f) Recording and transcript. Except as provided in paragraph (g) of 
this section, the deposition must be stenographically recorded and 
transcribed at the expense of the party that requested the deposition.
    (1) Any other party may obtain a copy of the transcript at its own 
expense.
    (2) Unless waived by the deponent, the deponent will have 3 days 
after receiving the transcript to read and sign it.
    (3) The person before whom the deposition was taken must certify the 
transcript following receipt of the signed transcript from the deponent 
or expiration of the 3-day review period, whichever occurs first.
    (g) Video recording. The testimony at a deposition may be recorded 
on videotape, subject to any conditions or restrictions that the parties 
may agree to or the ALJ may impose, at the expense of the party 
requesting the recording.
    (1) The video recording may be in conjunction with an oral 
examination by telephone conference held under paragraph (c)(3) of this 
section.
    (2) After the deposition has been taken, the person recording the 
deposition must:
    (i) Provide a copy of the videotape to any party that requests it, 
at the requesting party's expense; and
    (ii) Attach to the videotape a statement identifying the case and 
the deponent and certifying the authenticity of the video recording.
    (h) Use of deposition. A deposition may be used at the hearing as 
provided in Sec. 1.653.



Sec. 1.645  What are the requirements for requests for documents or 
tangible things or entry on land?

    (a) Motion. Except upon agreement of the parties, a party wishing to 
request the production of designated documents or tangible things or 
entry on designated land must file a motion

[[Page 113]]

under Sec. 1.641(c). A request may include any of the following that 
are in the possession, custody, or control of another party:
    (1) The production of designated documents for inspection and 
copying, other than documents that are already in the license proceeding 
record;
    (2) The production of designated tangible things for inspection, 
copying, testing, or sampling; or
    (3) Entry on designated land or other property for inspection and 
measuring, surveying, photographing, testing, or sampling either the 
property or any designated object or operation on the property.
    (b) ALJ order. During or promptly after the initial prehearing 
conference, the ALJ will issue an order under Sec. 1.641(b) with 
respect to any discovery motion requesting the production of documents 
or tangible things or entry on land for inspection, copying, or other 
purposes. The order will:
    (1) Grant the motion and approve the use of some or all of the 
proposed requests; or
    (2) Deny the motion.
    (c) Compliance with order. Except upon agreement of the parties, the 
party to whom any approved request for production is directed must 
permit the approved inspection and other activities within 15 days after 
issuance of the order under paragraph (a) of this section.



Sec. 1.646  What sanctions may the ALJ impose for failure to comply
with discovery?

    (a) Upon motion of a party, the ALJ may impose sanctions under 
paragraph (b) of this section if any party:
    (1) Fails to comply with an order approving discovery; or
    (2) Fails to supplement or amend a response to discovery under Sec. 
1.642(a).
    (b) The ALJ may impose one or more of the following sanctions:
    (1) Infer that the information, testimony, document, or other 
evidence withheld would have been adverse to the party;
    (2) Order that, for the purposes of the hearing, designated facts 
are established;
    (3) Order that the party not introduce into evidence, or otherwise 
rely on to support its case, any information, testimony, document, or 
other evidence:
    (i) That the party improperly withheld; or
    (ii) That the party obtained from another party in discovery;
    (4) Allow another party to use secondary evidence to show what the 
information, testimony, document, or other evidence withheld would have 
shown; or
    (5) Take other appropriate action to remedy the party's failure to 
comply.



Sec. 1.647  What are the requirements for subpoenas and witness fees?

    (a) Request for subpoena. (1) Except as provided in paragraph (a)(2) 
of this section, any party may file a motion requesting the ALJ to issue 
a subpoena to the extent authorized by law for the attendance of a 
person, the giving of testimony, or the production of documents or other 
relevant evidence during discovery or for the hearing.
    (2) A party may subpoena a senior Department employee only if the 
party shows:
    (i) That the employee's testimony is necessary in order to provide 
significant, unprivileged information that is not available from any 
other source or by less burdensome means; and
    (ii) That the employee's attendance would not significantly 
interfere with the ability to perform his or her government duties.
    (b) Service. (1) A subpoena may be served by any person who is not a 
party and is 18 years of age or older.
    (2) Service must be made by hand delivering a copy of the subpoena 
to the person named therein.
    (3) The person serving the subpoena must:
    (i) Prepare a certificate of service setting forth:
    (A) The date, time, and manner of service; or
    (B) The reason for any failure of service; and
    (ii) Swear to or affirm the certificate, attach it to a copy of the 
subpoena, and return it to the party on whose behalf the subpoena was 
served.
    (c) Witness fees. (1) A party who subpoenas a witness who is not a 
party must pay him or her the same fees and

[[Page 114]]

mileage expenses that are paid witnesses in the district courts of the 
United States.
    (2) A witness who is not a party and who attends a deposition or 
hearing at the request of any party without having been subpoenaed to do 
so is entitled to the same fees and mileage expenses as if he or she had 
been subpoenaed. However, this paragraph does not apply to federal 
employees who are called as witnesses by the Forest Service or another 
Department.
    (d) Motion to quash. (1) A person to whom a subpoena is directed may 
request by motion that the ALJ quash or modify the subpoena.
    (2) The motion must be filed:
    (i) Within 5 days after service of the subpoena; or
    (ii) At or before the time specified in the subpoena for compliance, 
if that is less than 5 days after service of the subpoena.
    (3) The ALJ may quash or modify the subpoena if it:
    (i) Is unreasonable;
    (ii) Requires evidence during discovery that is not discoverable; or
    (iii) Requires evidence during a hearing that is privileged or 
irrelevant.
    (e) Enforcement. For good cause shown, the ALJ may apply to the 
appropriate United States District Court for the issuance of an order 
compelling the appearance and testimony of a witness or the production 
of evidence as set forth in a subpoena that has been duly issued and 
served.

                     Hearing, Briefing, and Decision



Sec. 1.650  When and where will the hearing be held?

    (a) Except as provided in paragraph (b) of this section, the hearing 
will be held at the time and place set at the initial prehearing 
conference under Sec. 1.640, generally within 15 days after the date 
set for completion of discovery.
    (b) On motion by a party or on the ALJ's initiative, the ALJ may 
change the date, time, or place of the hearing if he or she finds:
    (1) That there is good cause for the change; and
    (2) That the change will not unduly prejudice the parties and 
witnesses.



Sec. 1.651  What are the parties' rights during the hearing?

    Consistent with the provisions of this subpart, each party has the 
following rights during the hearing, as necessary to assure full and 
accurate disclosure of the facts:
    (a) To present direct and rebuttal evidence;
    (b) To make objections, motions, and arguments; and
    (c) To cross-examine witnesses and to conduct re-direct and re-cross 
examination as permitted by the ALJ.



Sec. 1.652  What are the requirements for presenting testimony?

    (a) Written direct testimony. Unless otherwise ordered by the ALJ, 
all direct hearing testimony must be prepared and submitted in written 
form.
    (1) Prepared written testimony must:
    (i) Have line numbers inserted in the left-hand margin of each page;
    (ii) Be authenticated by an affidavit or declaration of the witness;
    (iii) Be filed within 5 days after the date set for completion of 
discovery, unless the ALJ sets a different deadline; and
    (iv) Be offered as an exhibit during the hearing.
    (2) Any witness submitting written testimony must be available for 
cross-examination at the hearing.
    (b) Oral testimony. Oral examination of a witness in a hearing, 
including on cross-examination or redirect, must be conducted under oath 
and in the presence of the ALJ, with an opportunity for all parties to 
question the witness.
    (c) Telephonic testimony. The ALJ may by order allow a witness to 
testify by telephonic conference call.
    (1) The arrangements for the call must let each party listen to and 
speak to the witness and each other within the hearing of the ALJ.
    (2) The ALJ will ensure the full identification of each speaker so 
the reporter can create a proper record.
    (3) The ALJ may issue a subpoena under Sec. 1.647 directing a 
witness to testify by telephonic conference call.



Sec. 1.653  How may a party use a deposition in the hearing?

    (a) In general. Subject to the provisions of this section, a party 
may use

[[Page 115]]

in the hearing any part or all of a deposition taken under Sec. 1.644 
against any party who:
    (1) Was present or represented at the taking of the deposition; or
    (2) Had reasonable notice of the taking of the deposition.
    (b) Admissibility. (1) No part of a deposition will be included in 
the hearing record, unless received in evidence by the ALJ.
    (2) The ALJ will exclude from evidence any question and response to 
which an objection:
    (i) Was noted at the taking of the deposition; and
    (ii) Would have been sustained if the witness had been personally 
present and testifying at a hearing.
    (3) If a party offers only part of a deposition in evidence:
    (i) An adverse party may require the party to introduce any other 
part that ought in fairness to be considered with the part introduced; 
and
    (ii) Any other party may introduce any other parts.
    (c) Videotaped deposition. If the deposition was recorded on 
videotape and is admitted into evidence, relevant portions will be 
played during the hearing and transcribed into the record by the 
reporter.



Sec. 1.654  What are the requirements for exhibits, official notice,
and stipulations?

    (a) General. (1) Except as provided in paragraphs (b) through (e) of 
this section, any material offered in evidence, other than oral 
testimony, must be offered in the form of an exhibit.
    (2) Each exhibit offered by a party must be marked for 
identification.
    (3) Any party who seeks to have an exhibit admitted into evidence 
must provide:
    (i) The original of the exhibit to the reporter, unless the ALJ 
permits the substitution of a copy; and
    (ii) A copy of the exhibit to the ALJ.
    (b) Material not offered. If a document offered as an exhibit 
contains material not offered as evidence:
    (1) The party offering the exhibit must:
    (i) Designate the matter offered as evidence;
    (ii) Segregate and exclude the material not offered in evidence, to 
the extent practicable; and
    (iii) Provide copies of the entire document to the other parties 
appearing at the hearing.
    (2) The ALJ must give the other parties an opportunity to inspect 
the entire document and offer in evidence any other portions of the 
document.
    (c) Official notice. (1) At the request of any party at the hearing, 
the ALJ may take official notice of any matter of which the courts of 
the United States may take judicial notice, including the public records 
of any Department party.
    (2) The ALJ must give the other parties appearing at the hearing an 
opportunity to show the contrary of an officially noticed fact.
    (3) Any party requesting official notice of a fact after the 
conclusion of the hearing must show good cause for its failure to 
request official notice during the hearing.
    (d) Stipulations. (1) The parties may stipulate to any relevant 
facts or to the authenticity of any relevant documents.
    (2) If received in evidence at the hearing, a stipulation is binding 
on the stipulating parties.
    (3) A stipulation may be written or made orally at the hearing.



Sec. 1.655  What evidence is admissible at the hearing?

    (a) General. (1) Subject to the provisions of Sec. 1.642(b), the 
ALJ may admit any written, oral, documentary, or demonstrative evidence 
that is:
    (i) Relevant, reliable, and probative; and
    (ii) Not privileged or unduly repetitious or cumulative.
    (2) The ALJ may exclude evidence if its probative value is 
substantially outweighed by the risk of undue prejudice, confusion of 
the issues, or delay.
    (3) Hearsay evidence is admissible. The ALJ may consider the fact 
that evidence is hearsay when determining its probative value.
    (4) The Federal Rules of Evidence do not directly apply to the 
hearing, but may be used as guidance by the ALJ and the parties in 
interpreting and applying the provisions of this section.

[[Page 116]]

    (b) Objections. Any party objecting to the admission or exclusion of 
evidence shall concisely state the grounds. A ruling on every objection 
must appear in the record.



Sec. 1.656  What are the requirements for transcription of the hearing?

    (a) Transcript and reporter's fees. The hearing will be transcribed 
verbatim.
    (1) The Forest Service will secure the services of a reporter and 
pay the reporter's fees to provide an original transcript to the Forest 
Service on an expedited basis.
    (2) Each party must pay the reporter for any copies of the 
transcript obtained by that party.
    (b) Transcript Corrections. (1) Any party may file a motion 
proposing corrections to the transcript. The motion must be filed within 
5 days after receipt of the transcript, unless the ALJ sets a different 
deadline.
    (2) Unless a party files a timely motion under paragraph (b)(1) of 
this section, the transcript will be presumed to be correct and 
complete, except for obvious typographical errors.
    (3) As soon as practicable after the close of the hearing and after 
consideration of any motions filed under paragraph (b)(1) of this 
section, the ALJ will issue an order making any corrections to the 
transcript that the ALJ finds are warranted.



Sec. 1.657  What is the standard of proof?

    The standard of proof is a preponderance of the evidence.



Sec. 1.658  When will the hearing record close?

    (a) The hearing record will close when the ALJ closes the hearing, 
unless he or she directs otherwise.
    (b) Evidence may not be added after the hearing record is closed, 
but the transcript may be corrected under Sec. 1.656 (b).



Sec. 1.659  What are the requirements for post-hearing briefs?

    (a) General. (1) Each party may file a post-hearing brief within 10 
days after the close of the hearing, unless the ALJ sets a different 
deadline.
    (2) A party may file a reply brief only if requested by the ALJ. The 
deadline for filing a reply brief, if any, will be set by the ALJ.
    (3) The ALJ may limit the length of the briefs to be filed under 
this section.
    (b) Content. (1) An initial brief must include:
    (i) A concise statement of the case;
    (ii) A separate section containing proposed findings regarding the 
issues of material fact, with supporting citations to the hearing 
record;
    (iii) Arguments in support of the party's position; and
    (iv) Any other matter required by the ALJ.
    (2) A reply brief, if requested by the ALJ, must be limited to any 
issues identified by the ALJ.
    (c) Form. (1) An exhibit admitted in evidence or marked for 
identification in the record may not be reproduced in the brief.
    (i) Such an exhibit may be reproduced, within reasonable limits, in 
an appendix to the brief.
    (ii) Any pertinent analysis of an exhibit may be included in a 
brief.
    (2) If a brief exceeds 20 pages, it must contain:
    (i) A table of contents and of points made, with page references; 
and
    (ii) An alphabetical list of citations to legal authority, with page 
references.



Sec. 1.660  What are the requirements for the ALJ's decision?

    (a) Timing. The ALJ must issue a decision within the shorter of the 
following time periods:
    (1) 30 days after the close of the hearing under Sec. 1.658; or
    (2) 90 days after issuance of the referral notice under Sec. 
1.625(c), 43 CFR 45.25(c), or 50 CFR 221.25(c).
    (b) Content. (1) The decision must contain:
    (i) Findings of fact on all disputed issues of material fact;
    (ii) Conclusions of law necessary to make the findings of fact (such 
as rulings on materiality and on the admissibility of evidence); and
    (iii) Reasons for the findings and conclusions.
    (2) The ALJ may adopt any of the findings of fact proposed by one or 
more of the parties.

[[Page 117]]

    (3) The decision will not contain conclusions as to whether any 
preliminary condition or prescription should be adopted, modified, or 
rejected, or whether any proposed alternative should be adopted or 
rejected.
    (c) Service. Promptly after issuing his or her decision, the ALJ 
must:
    (1) Serve the decision on each party to the hearing; and
    (2) Forward a copy of the decision to FERC, along with the complete 
hearing record, for inclusion in the license proceeding record.
    (d) Finality. The ALJ's decision under this section will be final, 
with respect to the disputed issues of material fact, for any Department 
involved in the hearing. To the extent the ALJ's decision forms the 
basis for any condition or prescription subsequently included in the 
license, it may be subject to judicial review under 16 U.S.C. 825l(b).

                          Alternatives Process



Sec. 1.670  How must documents be filed and served under Sec. Sec. 1.670
through 1.673?

    (a) Filing. (1) For the alternatives process, documents must be 
filed using one of the methods set forth in Sec. 1.612(b).
    (2) A document is considered filed on the date it is received. 
However, any document received after 5 p.m. at the place where the 
filing is due is considered filed on the next regular business day.
    (b) Service. (1) Any document filed under this section must be 
served at the same time the document is delivered or sent for filing. A 
complete copy of the document must be served on each license party and 
FERC, using:
    (i) One of the methods of service in Sec. 1.613(c); or
    (ii) Regular mail.
    (2) The provisions of Sec. 1.613 (d) and (e) regarding 
acknowledgment and certificate of service apply to service under this 
section.



Sec. 1.671  How do I propose an alternative?

    (a) General. To propose an alternative, you must:
    (1) Be a license party; and
    (2) File a written proposal with NFS within 30 days after the 
deadline for the Forest Service to file preliminary conditions with 
FERC.
    (b) Content. Your proposal must include:
    (1) A description of the alternative, in an equivalent level of 
detail to the Forest Service's preliminary condition;
    (2) An explanation of how the alternative will provide for the 
adequate protection and utilization of the reservation;
    (3) An explanation of how the alternative, as compared to the 
preliminary condition, will:
    (i) Cost significantly less to implement; or
    (ii) Result in improved operation of the project works for 
electricity production;
    (4) An explanation of how the alternative will affect:
    (i) Energy supply, distribution, cost, and use;
    (ii) Flood control;
    (iii) Navigation;
    (iv) Water supply;
    (v) Air quality; and
    (vi) Other aspects of environmental quality; and
    (5) Specific citations to any scientific studies, literature, and 
other documented information relied on to support your proposal, 
including any assumptions you are making (e.g., regarding the cost of 
energy or the rate of inflation). If any such document is not already in 
the license proceeding record, you must provide a copy with the 
proposal.



Sec. 1.672  What will the Forest Service do with a proposed alternative?

    If any license party proposes an alternative to a preliminary 
condition under Sec. 1.671(a)(1), the Forest Service must do the 
following within 60 days after the deadline for filing comments to 
FERC's NEPA document under 18 CFR 5.25(c):
    (a) Analyze the alternative under Sec. 1.673; and
    (b) File with FERC:
    (1) Any condition that the Forest Service adopts as its modified 
condition; and
    (2) Its analysis of the modified condition and any proposed 
alternatives under Sec. 1.673(c).

[[Page 118]]



Sec. 1.673  How will the Forest Service analyze a proposed alternative 
and formulate its modified condition?

    (a) In deciding whether to adopt a proposed alternative, the Forest 
Service must consider evidence and supporting material provided by any 
license party or otherwise available to the Forest Service, including:
    (1) Any evidence on the implementation costs or operational impacts 
for electricity production of the proposed alternative;
    (2) Any comments received on the Forest Service's preliminary 
condition;
    (3) Any ALJ decision on disputed issues of material fact issued 
under Sec. 1.660 with respect to the preliminary condition;
    (4) Comments received on any draft or final NEPA documents; and
    (5) The license party's proposal under Sec. 1.671.
    (b) The Forest Service must adopt a proposed alternative if the 
Forest Service determines, based on substantial evidence provided by any 
license party or otherwise available to the Forest Service, that the 
alternative:
    (1) Will, as compared to the Forest Service's preliminary condition:
    (i) Cost significantly less to implement; or
    (ii) Result in improved operation of the project works for 
electricity production; and
    (2) Will provide for the adequate protection and utilization of the 
reservation.
    (c) When the Forest Service files with FERC the condition that the 
Forest Service adopts as its modified condition under Sec. Sec. 
1.672(b), it must also file:
    (1) A written statement explaining:
    (i) The basis for the adopted condition; and
    (ii) If the Forest Service is not adopting any alternative, its 
reasons for not doing so; and
    (2) Any study, data, and other factual information relied on that is 
not already part of the licensing proceeding record.
    (d) The written statement under paragraph (c)(1) of this section 
must demonstrate that the Forest Service gave equal consideration to the 
effects of the condition adopted and any alternative not adopted on:
    (1) Energy supply, distribution, cost, and use;
    (2) Flood control;
    (3) Navigation;
    (4) Water supply;
    (5) Air quality; and
    (6) Preservation of other aspects of environmental quality.



Sec. 1.674  Has OMB approved the information collection provisions of
Sec. Sec. 1.670 through 1.673?

    Yes. This rule contains provisions that would collect information 
from the public. It therefore requires approval by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act of 1995, 
44 U.S.C. 3501 et seq. (PRA). According to the PRA, a Federal agency may 
not conduct or sponsor, and a person is not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number that indicates OMB approval. OMB has reviewed the 
information collection in this rule and approved it under OMB control 
number 1094-0001.



PART 1a_LAW ENFORCEMENT AUTHORITIES--Table of Contents



Sec.
1a.1 General statement.
1a.2 Authorization.
1a.3 Persons authorized.
1a.4 Limitations.
1a.5 Responsibility of the Inspector General.

    Authority: Sec. 1337, Pub. L. 97-98; 5 U.S.C. 301; 5 U.S.C. App. I.

    Source: 47 FR 2073, Jan. 14, 1982, unless otherwise noted.



Sec. 1a.1  General statement.

    This part sets forth the rules issued by the Secretary of 
Agriculture to implement section 1337 of Public Law 97-98 relating to:
    (a) Arrests without warrant for certain criminal felony violations;
    (b) Execution of warrants for arrests, searches of premises and 
seizures of evidence; and
    (c) The carrying of firearms by designated officials of the Office 
of Inspector General.

[[Page 119]]



Sec. 1a.2  Authorization.

    Any official of the Office of Inspector General who is designated by 
the Inspector General according to Sec. Sec. 1a.3 and 1a.5 of this part 
and who is engaged in the performance of his/her official duties under 
the authority provided in section 6, or described in section 9, of the 
Inspector General Act of 1978 (5 U.S.C. App.), is authorized to--
    (a) Make an arrest without a warrant for any criminal felony 
violation subject to Sec. 1a.4, if such violation is committed, or if 
the official has probable cause to believe that such violation is being 
committed, in his/her presence;
    (b) Execute and serve a warrant for an arrest, for the search of 
premises, or the seizure of evidence if such warrant is issued under 
authority of the United States upon probable cause to believe that any 
criminal felony violation, subject to Sec. 1a.4, has been committed; 
and
    (c) Carry a firearm.

[50 FR 13759, Apr. 8, 1985]



Sec. 1a.3  Persons authorized.

    Any person who is employed in the Office of Inspector General and 
who is designated by the Inspector General in accordance with and 
subject to Sec. 1a. and who conducts investigations of alleged or 
suspected felony criminal violations of statutes administered by the 
Secretary of Agriculture or any agency of the Department of Agriculture 
may exercise the authorities listed in and pursuant to Sec. 1a.2.



Sec. 1a.4  Limitations.

    The powers granted by Sec. Sec. 1a.2(a) and 1a.2(b) shall be 
exercised only when a designated official is engaged in an investigation 
of alleged or suspected felony violations of statutes administered by 
the Secretary of Agriculture or any agency of the Department.

[50 FR 13759, Apr. 8, 1985]



Sec. 1a.5  Responsibility of the Inspector General.

    The Inspector General shall:
    (a) Issue directives conforming to this part governing the exercise 
of the authorities granted by this part. These directives should contain 
the policies and procedures by which the authorities will be exercised 
by designated officials of the Office of Inspector General;
    (b) Establish criteria for qualification by officials of the Office 
of Inspector General who are designated to exercise the authorities 
granted in this part;
    (c) Monitor the implementation and exercise of the authorities 
granted by this part;
    (d) Designate, pursuant to Sec. Sec. 1a.2, 1a.3 and 1a.4, and the 
directives issued under paragraph (a) of this section, and the criteria 
established under paragraph (b) of this section, employees who have 
satisfied all the qualifications set by the Inspector General to 
exercise the authorities granted by Sec. 1a.2; and
    (e) Submit to the Attorney General of the United States the name of 
any employee of the Office of Inspector General designated pursuant to 
paragraph (d) of this section. Any designation not specifically 
disapproved by the Attorney General within 30 days after the date of 
submission shall be deemed approved.



PART 1b_NATIONAL ENVIRONMENTAL POLICY ACT--Table of Contents



Sec.
1b.1 Purpose.
1b.2 Policy.
1b.3 Categorical exclusions.
1b.4 Exclusion of agencies.

    Authority: 5 U.S.C. 301; 42 U.S.C. 4321 et seq.; E.O. 11514, 3 CFR, 
1966-1970 Comp., p. 902, as amended by E.O. 11991, 3 CFR, 1978 Comp., p. 
123; E.O. 12114, 3 CFR, 1980 Comp., p. 356; 40 CFR 1507.3.

    Source: 48 FR 11403, Mar. 18, 1983, unless otherwise noted.



Sec. 1b.1  Purpose.

    (a) This part supplements the regulations for implementation of the 
National Environmental Policy Act (NEPA), for which regulations were 
published by the Council on Environmental Quality (CEQ) in 40 CFR parts 
1500 through 1508. This part incorporates and adopts those regulations.
    (b) This part sets forth Departmental policy concerning NEPA, 
establishes categorical exclusions of actions carried out by the 
Department and its

[[Page 120]]

agencies, and sets forth those USDA agencies which are excluded from the 
requirement to prepare procedures implementing NEPA.

[48 FR 11403, Mar. 18, 1983, as amended at 60 FR 66481, Dec. 22, 1995]



Sec. 1b.2  Policy.

    (a) All policies and programs of the various USDA agencies shall be 
planned, developed, and implemented so as to achieve the goals and to 
follow the procedures declared by NEPA in order to assure responsible 
stewardship of the environment for present and future generations.
    (b) Each USDA agency is responsible for compliance with this part, 
the regulations of CEQ, and NEPA. Compliance will include the 
preparation and implementation of specific procedures and processes 
relating to the programs and activities of the individual agency, as 
necessary.
    (c) The Under Secretary, Natural Resources and Environment (NR&E), 
is responsible for ensuring that agency implementing procedures are 
consistent with CEQ's NEPA regulations and for coordinating NEPA 
compliance for the Department. The Under Secretary, NR&E, through the 
Agricultural Council on Environmental Quality, will develop the 
necessary processes to be used by the Office of the Secretary in 
reviewing, implementing, and planning its NEPA activities, 
determinations, and policies.
    (d) In connection with the policies and requirements set forth in 
this part, all USDA agencies are responsible for compliance with 
Executive Order 12114, ``Environmental Effects Abroad of Major Federal 
Actions.'' Compliance will include the preparation and implementation of 
specific procedures and processes relative to the programs and 
activities of the individual agencies, as necessary. Agencies shall 
consult with the Department of State; the Council on Environmental 
Quality; and the Under Secretary, NR&E, prior to placing procedures and 
processes in effect.

[48 FR 11403, Mar. 18, 1983, as amended at 60 FR 66481, Dec. 22, 1995]



Sec. 1b.3  Categorical exclusions.

    (a) The following are categories of activities which have been 
determined not to have a significant individual or cumulative effect on 
the human environment and are excluded from the preparation of 
environmental assessment (EA's) or environmental impact statement 
(EIS's), unless individual agency procedures prescribed otherwise.
    (1) Policy development, planning and implementation which relate to 
routine activities, such as personnel, organizational changes, or 
similar administrative functions;
    (2) Activities which deal solely with the funding of programs, such 
as program budget proposals, disbursements, and transfer or 
reprogramming of funds;
    (3) Inventories, research activities, and studies, such as resource 
inventories and routine data collection when such actions are clearly 
limited in context and intensity;
    (4) Educational and informational programs and activities;
    (5) Civil and criminal law enforcement and investigative activities;
    (6) Activities which are advisory and consultative to other agencies 
and public and private entities, such as legal counselling and 
representation;
    (7) Activities related to trade representation and market 
development activities abroad.
    (b) Agencies will identify in their own procedures the activities 
which normally would not require an environmental assessment or 
environmental impact statement.
    (c) Notwithstanding the exclusions listed in paragraphs (a) of this 
section and Sec. 1b.4, or identified in agency procedures, agency heads 
may determine that circumstances dictate the need for preparation of an 
EA or EIS for a particular action. Agencies shall continue to scrutinize 
their activities to determine continued eligibility for categorical 
exclusion.

[48 FR 11403, Mar. 18, 1983, as amended at 60 FR 66481, Dec. 22, 1995]

[[Page 121]]



Sec. 1b.4  Exclusion of agencies.

    (a) The USDA agencies and agency units listed in paragraph (b) of 
this section conduct programs and activities that have been found to 
have no individual or cumulative effect on the human environment. The 
USDA agencies and agency units listed in paragraph (b) of this section 
are excluded from the requirements of preparing procedures to implement 
NEPA. Actions of USDA agencies and agency units listed in paragraph (b) 
of this section are categorically excluded from the preparation of an EA 
or EIS unless the agency head determines that an action may have a 
significant environmental effect.
    (b)(1) Agricultural Marketing Service
    (2) Economic Research Service
    (3) Extension Service
    (4) Federal Corp Insurance Corporation
    (5) Food and Consumer Service
    (6) Food Safety and Inspection Service
    (7) Foreign Agricultural Service
    (8) Grain Inspection, Packers and Stockyards Administration
    (9) National Agricultural Library
    (10) National Agricultural Statistics Service
    (11) Office of the General Counsel
    (12) Office of the Inspector General

[60 FR 66481, Dec. 22, 1995]



PART 1c_PROTECTION OF HUMAN SUBJECTS--Table of Contents



Sec.
1c.101 To what does this policy apply?
1c.102 Definitions.
1c.103 Assuring compliance with this policy--research conducted or 
          supported by any Federal Department or Agency.
1c.104-1c.106 [Reserved]
1c.107 IRB membership.
1c.108 IRB functions and operations.
1c.109 IRB review of research.
1c.110 Expedited review procedures for certain kinds of research 
          involving no more than minimal risk, and for minor changes in 
          approved research.
1c.111 Criteria for IRB approval of research.
1c.112 Review by institution.
1c.113 Suspension or termination of IRB approval of research.
1c.114 Cooperative research.
1c.115 IRB records.
1c.116 General requirements for informed consent.
1c.117 Documentation of informed consent.
1c.118 Applications and proposals lacking definite plans for involvement 
          of human subjects.
1c.119 Research undertaken without the intention of involving human 
          subjects.
1c.120 Evaluation and disposition of applications and proposals for 
          research to be conducted or supported by a Federal Department 
          or Agency.
1c.121 [Reserved]
1c.122 Use of Federal funds.
1c.123 Early termination of research support: Evaluation of applications 
          and proposals.
1c.124 Conditions.

    Authority: 5 U.S.C. 301; 42 U.S.C. 300v-1(b).

    Source: 56 FR 28012, 28018, June 18, 1991, unless otherwise noted.



Sec. 1c.101  To what does this policy apply?

    (a) Except as provided in paragraph (b) of this section, this policy 
applies to all research involving human subjects conducted, supported or 
otherwise subject to regulation by any federal department or agency 
which takes appropriate administrative action to make the policy 
applicable to such research. This includes research conducted by federal 
civilian employees or military personnel, except that each department or 
agency head may adopt such procedural modifications as may be 
appropriate from an administrative standpoint. It also includes research 
conducted, supported, or otherwise subject to regulation by the federal 
government outside the United States.
    (1) Research that is conducted or supported by a Federal department 
or agency, whether or not it is regulated as defined in Sec. 1c.102(e), 
must comply with all sections of this policy.
    (2) Research that is neither conducted nor supported by a Federal 
department or agency but is subject to regulation as defined in Sec. 
1c.102(e) must be reviewed and approved, in compliance with Sec. Sec. 
1c.101, 1c.102, and 1c.107 through 1c.117 of this policy, by an 
institutional review board (IRB) that operates in accordance with the 
pertinent requirements of this policy.
    (b) Unless otherwise required by department or agency heads, 
research activities in which the only involvement of human subjects will 
be in one or more of the following categories are exempt from this 
policy:

[[Page 122]]

    (1) Research conducted in established or commonly accepted 
educational settings, involving normal educational practices, such as 
(i) Research on regular and special education instructional strategies, 
or (ii) research on the effectiveness of or the comparison among 
instructional techniques, curricula, or classroom management methods.
    (2) Research involving the use of educational tests (cognitive, 
diagnostic, aptitude, achievement), survey procedures, interview 
procedures or observation of public behavior, unless:
    (i) Information obtained is recorded in such a manner that human 
subjects can be identified, directly or through identifiers linked to 
the subjects; and
    (ii) Any disclosure of the human subjects' responses outside the 
research could reasonably place the subjects at risk of criminal or 
civil liability or be damaging to the subjects' financial standing, 
employability, or reputation.
    (3) Research involving the use of educational tests (cognitive, 
diagnostic, aptitude, achievement), survey procedures, interview 
procedures, or observation of public behavior that is not exempt under 
paragraph (b)(2) of this section, if:
    (i) The human subjects are elected or appointed public officials or 
candidates for public office; or
    (ii) Federal statute(s) require(s) without exception that the 
confidentiality of the personally identifiable information will be 
maintained throughout the research and thereafter.
    (4) Research, involving the collection or study of existing data, 
documents, records, pathological specimens, or diagnostic specimens, if 
these sources are publicly available or if the information is recorded 
by the investigator in such a manner that subjects cannot be identified, 
directly or through identifiers linked to the subjects.
    (5) Research and demonstration projects which are conducted by or 
subject to the approval of department or agency heads, and which are 
designed to study, evaluate, or otherwise examine:
    (i) Public benefit or service programs;
    (ii) Procedures for obtaining benefits or services under those 
programs;
    (iii) possible changes in or alternatives to those programs or 
procedures; or
    (iv) Possible changes in methods or levels of payment for benefits 
or services under those programs.
    (6) Taste and food quality evaluation and consumer acceptance 
studies, (i) if wholesome foods without additives are consumed or (ii) 
if a food is consumed that contains a food ingredient at or below the 
level and for a use found to be safe, or agricultural chemical or 
environmental contaminant at or below the level found to be safe, by the 
Food and Drug Administration or approved by the Environmental Protection 
Agency or the Food Safety and Inspection Service of the U.S. Department 
of Agriculture.
    (c) Department or agency heads retain final judgment as to whether a 
particular activity is covered by this policy.
    (d) Department or agency heads may require that specific research 
activities or classes of research activities conducted, supported, or 
otherwise subject to regulation by the department or agency but not 
otherwise covered by this policy, comply with some or all of the 
requirements of this policy.
    (e) Compliance with this policy requires compliance with pertinent 
federal laws or regulations which provide additional protections for 
human subjects.
    (f) This policy does not affect any state or local laws or 
regulations which may otherwise be applicable and which provide 
additional protections for human subjects.
    (g) This policy does not affect any foreign laws or regulations 
which may otherwise be applicable and which provide additional 
protections to human subjects of research.
    (h) When research covered by this policy takes place in foreign 
countries, procedures normally followed in the foreign countries to 
protect human subjects may differ from those set forth in this policy. 
[An example is a foreign institution which complies with guidelines 
consistent with the World Medical Assembly Declaration (Declaration of 
Helsinki amended 1989) issued either by sovereign states or by an 
organization whose function for the

[[Page 123]]

protection of human research subjects is internationally recognized.] In 
these circumstances, if a department or agency head determines that the 
procedures prescribed by the institution afford protections that are at 
least equivalent to those provided in this policy, the department or 
agency head may approve the substitution of the foreign procedures in 
lieu of the procedural requirements provided in this policy. Except when 
otherwise required by statute, Executive Order, or the department or 
agency head, notices of these actions as they occur will be published in 
the Federal Register or will be otherwise published as provided in 
department or agency procedures.
    (i) Unless otherwise required by law, department or agency heads may 
waive the applicability of some or all of the provisions of this policy 
to specific research activities or classes of research activities 
otherwise covered by this policy. Except when otherwise required by 
statute or Executive Order, the department or agency head shall forward 
advance notices of these actions to the Office for Human Research 
Protections, Department of Health and Human Services (HHS), or any 
successor office, and shall also publish them in the Federal Register or 
in such other manner as provided in department or agency procedures. \1\
---------------------------------------------------------------------------

    \1\ Institutions with HHS-approved assurances on file will abide by 
provisions of title 45 CFR part 46 subparts A-D. Some of the other 
Departments and Agencies have incorporated all provisions of title 45 
CFR part 46 into their policies and procedures as well. However, the 
exemptions at 45 CFR 46.101(b) do not apply to research involving 
prisoners, subpart C. The exemption at 45 CFR 46.101(b)(2), for research 
involving survey or interview procedures or observation of public 
behavior, does not apply to research with children, subpart D, except 
for research involving observations of public behavior when the 
investigator(s) do not participate in the activities being observed.

[56 FR 28012, 28018, June 18, 1991; 56 FR 29756, June 28, 1991, as 
amended at 70 FR 36328, June 23, 2005]



Sec. 1c.102  Definitions.

    (a) Department or agency head means the head of any federal 
department or agency and any other officer or employee of any department 
or agency to whom authority has been delegated.
    (b) Institution means any public or private entity or agency 
(including federal, state, and other agencies).
    (c) Legally authorized representative means an individual or 
judicial or other body authorized under applicable law to consent on 
behalf of a prospective subject to the subject's participation in the 
procedure(s) involved in the research.
    (d) Research means a systematic investigation, including research 
development, testing and evaluation, designed to develop or contribute 
to generalizable knowledge. Activities which meet this definition 
constitute research for purposes of this policy, whether or not they are 
conducted or supported under a program which is considered research for 
other purposes. For example, some demonstration and service programs may 
include research activities.
    (e) Research subject to regulation, and similar terms are intended 
to encompass those research activities for which a federal department or 
agency has specific responsibility for regulating as a research 
activity, (for example, Investigational New Drug requirements 
administered by the Food and Drug Administration). It does not include 
research activities which are incidentally regulated by a federal 
department or agency solely as part of the department's or agency's 
broader responsibility to regulate certain types of activities whether 
research or non-research in nature (for example, Wage and Hour 
requirements administered by the Department of Labor).
    (f) Human subject means a living individual about whom an 
investigator (whether professional or student) conducting research 
obtains:
    (1) Data through intervention or interaction with the individual, or
    (2) Identifiable private information.

Intervention includes both physical procedures by which data are 
gathered (for example, venipuncture) and manipulations of the subject or 
the subject's environment that are performed for research purposes. 
Interaction includes communication or interpersonal contact between 
investigator and subject.

[[Page 124]]

``Private information'' includes information about behavior that occurs 
in a context in which an individual can reasonably expect that no 
observation or recording is taking place, and information which has been 
provided for specific purposes by an individual and which the individual 
can reasonably expect will not be made public (for example, a medical 
record). Private information must be individually identifiable (i.e., 
the identity of the subject is or may readily be ascertained by the 
investigator or associated with the information) in order for obtaining 
the information to constitute research involving human subjects.
    (g) IRB means an institutional review board established in accord 
with and for the purposes expressed in this policy.
    (h) IRB approval means the determination of the IRB that the 
research has been reviewed and may be conducted at an institution within 
the constraints set forth by the IRB and by other institutional and 
federal requirements.
    (i) Minimal risk means that the probability and magnitude of harm or 
discomfort anticipated in the research are not greater in and of 
themselves than those ordinarily encountered in daily life or during the 
performance of routine physical or psychological examinations or tests.
    (j) Certification means the official notification by the institution 
to the supporting department or agency, in accordance with the 
requirements of this policy, that a research project or activity 
involving human subjects has been reviewed and approved by an IRB in 
accordance with an approved assurance.



Sec. 1c.103  Assuring compliance with this policy--research conducted 
or supported by any Federal Department or Agency.

    (a) Each institution engaged in research which is covered by this 
policy and which is conducted or supported by a federal department or 
agency shall provide written assurance satisfactory to the department or 
agency head that it will comply with the requirements set forth in this 
policy. In lieu of requiring submission of an assurance, individual 
department or agency heads shall accept the existence of a current 
assurance, appropriate for the research in question, on file with the 
Office for Human Research Protections, HHS, or any successor office, and 
approved for federalwide use by that office. When the existence of an 
HHS-approved assurance is accepted in lieu of requiring submission of an 
assurance, reports (except certification) required by this policy to be 
made to department and agency heads shall also be made to the Office for 
Human Research Protections, HHS, or any successor office.
    (b) Departments and agencies will conduct or support research 
covered by this policy only if the institution has an assurance approved 
as provided in this section, and only if the institution has certified 
to the department or agency head that the research has been reviewed and 
approved by an IRB provided for in the assurance, and will be subject to 
continuing review by the IRB. Assurances applicable to federally 
supported or conducted research shall at a minimum include:
    (1) A statement of principles governing the institution in the 
discharge of its responsibilities for protecting the rights and welfare 
of human subjects of research conducted at or sponsored by the 
institution, regardless of whether the research is subject to federal 
regulation. This may include an appropriate existing code, declaration, 
or statement of ethical principles, or a statement formulated by the 
institution itself. This requirement does not preempt provisions of this 
policy applicable to department- or agency-supported or regulated 
research and need not be applicable to any research exempted or waived 
under Sec. 1c.101 (b) or (i).
    (2) Designation of one or more IRBs established in accordance with 
the requirements of this policy, and for which provisions are made for 
meeting space and sufficient staff to support the IRB's review and 
recordkeeping duties.
    (3) A list of IRB members identified by name; earned degrees; 
representative capacity; indications of experience such as board 
certifications, licenses, etc., sufficient to describe each member's 
chief anticipated contributions to

[[Page 125]]

IRB deliberations; and any employment or other relationship between each 
member and the institution; for example: full-time employee, part-time 
employee, member of governing panel or board, stockholder, paid or 
unpaid consultant. Changes in IRB membership shall be reported to the 
department or agency head, unless in accord with Sec. 1c.103(a) of this 
policy, the existence of an HHS-approved assurance is accepted. In this 
case, change in IRB membership shall be reported to the Office for Human 
Research Protections, HHS, or any successor office.
    (4) Written procedures which the IRB will follow (i) for conducting 
its initial and continuing review of research and for reporting its 
findings and actions to the investigator and the institution; (ii) for 
determining which projects require review more often than annually and 
which projects need verification from sources other than the 
investigators that no material changes have occurred since previous IRB 
review; and (iii) for ensuring prompt reporting to the IRB of proposed 
changes in a research activity, and for ensuring that such changes in 
approved research, during the period for which IRB approval has already 
been given, may not be initiated without IRB review and approval except 
when necessary to eliminate apparent immediate hazards to the subject.
    (5) Written procedures for ensuring prompt reporting to the IRB, 
appropriate institutional officials, and the department or agency head 
of (i) any unanticipated problems involving risks to subjects or others 
or any serious or continuing noncompliance with this policy or the 
requirements or determinations of the IRB and (ii) any suspension or 
termination of IRB approval.
    (c) The assurance shall be executed by an individual authorized to 
act for the institution and to assume on behalf of the institution the 
obligations imposed by this policy and shall be filed in such form and 
manner as the department or agency head prescribes.
    (d) The department or agency head will evaluate all assurances 
submitted in accordance with this policy through such officers and 
employees of the department or agency and such experts or consultants 
engaged for this purpose as the department or agency head determines to 
be appropriate. The department or agency head's evaluation will take 
into consideration the adequacy of the proposed IRB in light of the 
anticipated scope of the institution's research activities and the types 
of subject populations likely to be involved, the appropriateness of the 
proposed initial and continuing review procedures in light of the 
probable risks, and the size and complexity of the institution.
    (e) On the basis of this evaluation, the department or agency head 
may approve or disapprove the assurance, or enter into negotiations to 
develop an approvable one. The department or agency head may limit the 
period during which any particular approved assurance or class of 
approved assurances shall remain effective or otherwise condition or 
restrict approval.
    (f) Certification is required when the research is supported by a 
federal department or agency and not otherwise exempted or waived under 
Sec. 1c.101 (b) or (i). An institution with an approved assurance shall 
certify that each application or proposal for research covered by the 
assurance and by Sec. 1c.103 of this Policy has been reviewed and 
approved by the IRB. Such certification must be submitted with the 
application or proposal or by such later date as may be prescribed by 
the department or agency to which the application or proposal is 
submitted. Under no condition shall research covered by Sec. 1c.103 of 
the Policy be supported prior to receipt of the certification that the 
research has been reviewed and approved by the IRB. Institutions without 
an approved assurance covering the research shall certify within 30 days 
after receipt of a request for such a certification from the department 
or agency, that the application or proposal has been approved by the 
IRB. If the certification is not submitted within these time limits, the 
application or proposal may be returned to the institution.

(Approved by the Office of Management and Budget under Control Number 
0990-0260.)

[56 FR 28012, 28018, June 18, 1991; 56 FR 29756, June 28, 1991, as 
amended at 70 FR 36328, June 23, 2005]

[[Page 126]]



Sec. Sec. 1c.104-1c.106  [Reserved]



Sec. 1c.107  IRB membership.

    (a) Each IRB shall have at least five members, with varying 
backgrounds to promote complete and adequate review of research 
activities commonly conducted by the institution. The IRB shall be 
sufficiently qualified through the experience and expertise of its 
members, and the diversity of the members, including consideration of 
race, gender, and cultural backgrounds and sensitivity to such issues as 
community attitudes, to promote respect for its advice and counsel in 
safeguarding the rights and welfare of human subjects. In addition to 
possessing the professional competence necessary to review specific 
research activities, the IRB shall be able to ascertain the 
acceptability of proposed research in terms of institutional commitments 
and regulations, applicable law, and standards of professional conduct 
and practice. The IRB shall therefore include persons knowledgeable in 
these areas. If an IRB regularly reviews research that involves a 
vulnerable category of subjects, such as children, prisoners, pregnant 
women, or handicapped or mentally disabled persons, consideration shall 
be given to the inclusion of one or more individuals who are 
knowledgeable about and experienced in working with these subjects.
    (b) Every nondiscriminatory effort will be made to ensure that no 
IRB consists entirely of men or entirely of women, including the 
institution's consideration of qualified persons of both sexes, so long 
as no selection is made to the IRB on the basis of gender. No IRB may 
consist entirely of members of one profession.
    (c) Each IRB shall include at least one member whose primary 
concerns are in scientific areas and at least one member whose primary 
concerns are in nonscientific areas.
    (d) Each IRB shall include at least one member who is not otherwise 
affiliated with the institution and who is not part of the immediate 
family of a person who is affiliated with the institution.
    (e) No IRB may have a member participate in the IRB's initial or 
continuing review of any project in which the member has a conflicting 
interest, except to provide information requested by the IRB.
    (f) An IRB may, at its discretion, invite individuals with 
competence in special areas to assist in the review of issues which 
require expertise beyond or in addition to that available on the IRB. 
These individuals may not vote with the IRB.



Sec. 1c.108  IRB functions and operations.

    In order to fulfill the requirements of this policy each IRB shall:
    (a) Follow written procedures in the same detail as described in 
Sec. 1c.103(b)(4) and, to the extent required by, Sec. 1c.103(b)(5).
    (b) Except when an expedited review procedure is used (see Sec. 
1c.110), review proposed research at convened meetings at which a 
majority of the members of the IRB are present, including at least one 
member whose primary concerns are in nonscientific areas. In order for 
the research to be approved, it shall receive the approval of a majority 
of those members present at the meeting.



Sec. 1c.109  IRB review of research.

    (a) An IRB shall review and have authority to approve, require 
modifications in (to secure approval), or disapprove all research 
activities covered by this policy.
    (b) An IRB shall require that information given to subjects as part 
of informed consent is in accordance with Sec. 1c.116. The IRB may 
require that information, in addition to that specifically mentioned in 
Sec. 1c.116, be given to the subjects when in the IRB's judgment the 
information would meaningfully add to the protection of the rights and 
welfare of subjects.
    (c) An IRB shall require documentation of informed consent or may 
waive documentation in accordance with Sec. 1c.117.
    (d) An IRB shall notify investigators and the institution in writing 
of its decision to approve or disapprove the proposed research activity, 
or of modifications required to secure IRB approval of the research 
activity. If the IRB decides to disapprove a research activity, it shall 
include in its written notification a statement of the reasons for its

[[Page 127]]

decision and give the investigator an opportunity to respond in person 
or in writing.
    (e) An IRB shall conduct continuing review of research covered by 
this policy at intervals appropriate to the degree of risk, but not less 
than once per year, and shall have authority to observe or have a third 
party observe the consent process and the research.

(Approved by the Office of Management and Budget under Control Number 
0990-0260)

[56 FR 28012, 28018, June 18, 1991, as amended at 70 FR 36328, June 23, 
2005]



Sec. 1c.110  Expedited review procedures for certain kinds of research
involving no more than minimal risk, and for minor changes in

approved research.

    (a) The Secretary, HHS, has established, and published as a Notice 
in the Federal Register, a list of categories of research that may be 
reviewed by the IRB through an expedited review procedure. The list will 
be amended, as appropriate after consultation with other departments and 
agencies, through periodic republication by the Secretary, HHS, in the 
Federal Register. A copy of the list is available from the Office for 
Human Research Protections, HHS, or any successor office.
    (b) An IRB may use the expedited review procedure to review either 
or both of the following:
    (1) Some or all of the research appearing on the list and found by 
the reviewer(s) to involve no more than minimal risk,
    (2) Minor changes in previously approved research during the period 
(of one year or less) for which approval is authorized.

Under an expedited review procedure, the review may be carried out by 
the IRB chairperson or by one or more experienced reviewers designated 
by the chairperson from among members of the IRB. In reviewing the 
research, the reviewers may exercise all of the authorities of the IRB 
except that the reviewers may not disapprove the research. A research 
activity may be disapproved only after review in accordance with the 
non-expedited procedure set forth in Sec. 1c.108(b).
    (c) Each IRB which uses an expedited review procedure shall adopt a 
method for keeping all members advised of research proposals which have 
been approved under the procedure.
    (d) The department or agency head may restrict, suspend, terminate, 
or choose not to authorize an institution's or IRB's use of the 
expedited review procedure.

[56 FR 28012, 28018, June 18, 1991, as amended at 70 FR 36328, June 23, 
2005]



Sec. 1c.111  Criteria for IRB approval of research.

    (a) In order to approve research covered by this policy the IRB 
shall determine that all of the following requirements are satisfied:
    (1) Risks to subjects are minimized: (i) By using procedures which 
are consistent with sound research design and which do not unnecessarily 
expose subjects to risk, and (ii) whenever appropriate, by using 
procedures already being performed on the subjects for diagnostic or 
treatment purposes.
    (2) Risks to subjects are reasonable in relation to anticipated 
benefits, if any, to subjects, and the importance of the knowledge that 
may reasonably be expected to result. In evaluating risks and benefits, 
the IRB should consider only those risks and benefits that may result 
from the research (as distinguished from risks and benefits of therapies 
subjects would receive even if not participating in the research). The 
IRB should not consider possible long-range effects of applying 
knowledge gained in the research (for example, the possible effects of 
the research on public policy) as among those research risks that fall 
within the purview of its responsibility.
    (3) Selection of subjects is equitable. In making this assessment 
the IRB should take into account the purposes of the research and the 
setting in which the research will be conducted and should be 
particularly cognizant of the special problems of research involving 
vulnerable populations, such as children, prisoners, pregnant women, 
mentally disabled persons, or economically or educationally 
disadvantaged persons.
    (4) Informed consent will be sought from each prospective subject or 
the

[[Page 128]]

subject's legally authorized representative, in accordance with, and to 
the extent required by Sec. 1c.116.
    (5) Informed consent will be appropriately documented, in accordance 
with, and to the extent required by Sec. 1c.117.
    (6) When appropriate, the research plan makes adequate provision for 
monitoring the data collected to ensure the safety of subjects.
    (7) When appropriate, there are adequate provisions to protect the 
privacy of subjects and to maintain the confidentiality of data.
    (b) When some or all of the subjects are likely to be vulnerable to 
coercion or undue influence, such as children, prisoners, pregnant 
women, mentally disabled persons, or economically or educationally 
disadvantaged persons, additional safeguards have been included in the 
study to protect the rights and welfare of these subjects.



Sec. 1c.112  Review by institution.

    Research covered by this policy that has been approved by an IRB may 
be subject to further appropriate review and approval or disapproval by 
officials of the institution. However, those officials may not approve 
the research if it has not been approved by an IRB.



Sec. 1c.113  Suspension or termination of IRB approval of research.

    An IRB shall have authority to suspend or terminate approval of 
research that is not being conducted in accordance with the IRB's 
requirements or that has been associated with unexpected serious harm to 
subjects. Any suspension or termination of approval shall include a 
statement of the reasons for the IRB's action and shall be reported 
promptly to the investigator, appropriate institutional officials, and 
the department or agency head.

(Approved by the Office of Management and Budget under Control Number 
0990-0260)

[56 FR 28012, 28018, June 18, 1991, as amended at 70 FR 36328, June 23, 
2005]



Sec. 1c.114  Cooperative research.

    Cooperative research projects are those projects covered by this 
policy which involve more than one institution. In the conduct of 
cooperative research projects, each institution is responsible for 
safeguarding the rights and welfare of human subjects and for complying 
with this policy. With the approval of the department or agency head, an 
institution participating in a cooperative project may enter into a 
joint review arrangement, rely upon the review of another qualified IRB, 
or make similar arrangements for avoiding duplication of effort.



Sec. 1c.115  IRB records.

    (a) An institution, or when appropriate an IRB, shall prepare and 
maintain adequate documentation of IRB activities, including the 
following:
    (1) Copies of all research proposals reviewed, scientific 
evaluations, if any, that accompany the proposals, approved sample 
consent documents, progress reports submitted by investigators, and 
reports of injuries to subjects.
    (2) Minutes of IRB meetings which shall be in sufficient detail to 
show attendance at the meetings; actions taken by the IRB; the vote on 
these actions including the number of members voting for, against, and 
abstaining; the basis for requiring changes in or disapproving research; 
and a written summary of the discussion of controverted issues and their 
resolution.
    (3) Records of continuing review activities.
    (4) Copies of all correspondence between the IRB and the 
investigators.
    (5) A list of IRB members in the same detail as described is Sec. 
1c.103(b)(3).
    (6) Written procedures for the IRB in the same detail as described 
in Sec. Sec. 1c.103(b)(4) and 1c.103(b)(5).
    (7) Statements of significant new findings provided to subjects, as 
required by Sec. 1c.116(b)(5).
    (b) The records required by this policy shall be retained for at 
least 3 years, and records relating to research which is conducted shall 
be retained for at least 3 years after completion of

[[Page 129]]

the research. All records shall be accessible for inspection and copying 
by authorized representatives of the department or agency at reasonable 
times and in a reasonable manner.

(Approved by the Office of Management and Budget under Control Number 
0990-0260)

[56 FR 28012, 28018, June 18, 1991, as amended at 70 FR 36328, June 23, 
2005]



Sec. 1c.116  General requirements for informed consent.

    Except as provided elsewhere in this policy, no investigator may 
involve a human being as a subject in research covered by this policy 
unless the investigator has obtained the legally effective informed 
consent of the subject or the subject's legally authorized 
representative. An investigator shall seek such consent only under 
circumstances that provide the prospective subject or the representative 
sufficient opportunity to consider whether or not to participate and 
that minimize the possibility of coercion or undue influence. The 
information that is given to the subject or the representative shall be 
in language understandable to the subject or the representative. No 
informed consent, whether oral or written, may include any exculpatory 
language through which the subject or the representative is made to 
waive or appear to waive any of the subject's legal rights, or releases 
or appears to release the investigator, the sponsor, the institution or 
its agents from liability for negligence.
    (a) Basic elements of informed consent. Except as provided in 
paragraph (c) or (d) of this section, in seeking informed consent the 
following information shall be provided to each subject:
    (1) A statement that the study involves research, an explanation of 
the purposes of the research and the expected duration of the subject's 
participation, a description of the procedures to be followed, and 
identification of any procedures which are experimental;
    (2) A description of any reasonably foreseeable risks or discomforts 
to the subject;
    (3) A description of any benefits to the subject or to others which 
may reasonably be expected from the research;
    (4) A disclosure of appropriate alternative procedures or courses of 
treatment, if any, that might be advantageous to the subject;
    (5) A statement describing the extent, if any, to which 
confidentiality of records identifying the subject will be maintained;
    (6) For research involving more than minimal risk, an explanation as 
to whether any compensation and an explanation as to whether any medical 
treatments are available if injury occurs and, if so, what they consist 
of, or where further information may be obtained;
    (7) An explanation of whom to contact for answers to pertinent 
questions about the research and research subjects' rights, and whom to 
contact in the event of a research-related injury to the subject; and
    (8) A statement that participation is voluntary, refusal to 
participate will involve no penalty or loss of benefits to which the 
subject is otherwise entitled, and the subject may discontinue 
participation at any time without penalty or loss of benefits to which 
the subject is otherwise entitled.
    (b) Additional elements of informed consent. When appropriate, one 
or more of the following elements of information shall also be provided 
to each subject:
    (1) A statement that the particular treatment or procedure may 
involve risks to the subject (or to the embryo or fetus, if the subject 
is or may become pregnant) which are currently unforeseeable;
    (2) Anticipated circumstances under which the subject's 
participation may be terminated by the investigator without regard to 
the subject's consent;
    (3) Any additional costs to the subject that may result from 
participation in the research;
    (4) The consequences of a subject's decision to withdraw from the 
research and procedures for orderly termination of participation by the 
subject;
    (5) A statement that significant new findings developed during the 
course of the research which may relate to the subject's willingness to 
continue participation will be provided to the subject; and

[[Page 130]]

    (6) The approximate number of subjects involved in the study.
    (c) An IRB may approve a consent procedure which does not include, 
or which alters, some or all of the elements of informed consent set 
forth above, or waive the requirement to obtain informed consent 
provided the IRB finds and documents that:
    (1) The research or demonstration project is to be conducted by or 
subject to the approval of state or local government officials and is 
designed to study, evaluate, or otherwise examine: (i) Public benefit of 
service programs; (ii) procedures for obtaining benefits or services 
under those programs; (iii) possible changes in or alternatives to those 
programs or procedures; or (iv) possible changes in methods or levels of 
payment for benefits or services under those programs; and
    (2) The research could not practicably be carried out without the 
waiver or alteration.
    (d) An IRB may approve a consent procedure which does not include, 
or which alters, some or all of the elements of informed consent set 
forth in this section, or waive the requirements to obtain informed 
consent provided the IRB finds and documents that:
    (1) The research involves no more than minimal risk to the subjects;
    (2) The waiver or alteration will not adversely affect the rights 
and welfare of the subjects;
    (3) The research could not practicably be carried out without the 
waiver or alteration; and
    (4) Whenever appropriate, the subjects will be provided with 
additional pertinent information after participation.
    (e) The informed consent requirements in this policy are not 
intended to preempt any applicable federal, state, or local laws which 
require additional information to be disclosed in order for informed 
consent to be legally effective.
    (f) Nothing in this policy is intended to limit the authority of a 
physician to provide emergency medical care, to the extent the physician 
is permitted to do so under applicable federal, state, or local law.

(Approved by the Office of Management and Budget under Control Number 
0990-0260)

[56 FR 28012, 28018, June 18, 1991, as amended at 70 FR 36328, June 23, 
2005]



Sec. 1c.117  Documentation of informed consent.

    (a) Except as provided in paragraph (c) of this section, informed 
consent shall be documented by the use of a written consent form 
approved by the IRB and signed by the subject or the subject's legally 
authorized representative. A copy shall be given to the person signing 
the form.
    (b) Except as provided in paragraph (c) of this section, the consent 
form may be either of the following:
    (1) A written consent document that embodies the elements of 
informed consent required by Sec. 1c.116. This form may be read to the 
subject or the subject's legally authorized representative, but in any 
event, the investigator shall give either the subject or the 
representative adequate opportunity to read it before it is signed; or
    (2) A short form written consent document stating that the elements 
of informed consent required by Sec. 1c.116 have been presented orally 
to the subject or the subject's legally authorized representative. When 
this method is used, there shall be a witness to the oral presentation. 
Also, the IRB shall approve a written summary of what is to be said to 
the subject or the representative. Only the short form itself is to be 
signed by the subject or the representative. However, the witness shall 
sign both the short form and a copy of the summary, and the person 
actually obtaining consent shall sign a copy of the summary. A copy of 
the summary shall be given to the subject or the representative, in 
addition to a copy of the short form.
    (c) An IRB may waive the requirement for the investigator to obtain 
a signed consent form for some or all subjects if it finds either:
    (1) That the only record linking the subject and the research would 
be the consent document and the principal risk would be potential harm 
resulting from a breach of confidentiality. Each

[[Page 131]]

subject will be asked whether the subject wants documentation linking 
the subject with the research, and the subject's wishes will govern; or
    (2) That the research presents no more than minimal risk of harm to 
subjects and involves no procedures for which written consent is 
normally required outside of the research context.
    In cases in which the documentation requirement is waived, the IRB 
may require the investigator to provide subjects with a written 
statement regarding the research.

(Approved by the Office of Management and Budget under Control Number 
0990-0260)

[56 FR 28012, 28018, June 18, 1991, as amended at 70 FR 36328, June 23, 
2005]



Sec. 1c.118  Applications and proposals lacking definite plans for 
involvement of human subjects.

    Certain types of applications for grants, cooperative agreements, or 
contracts are submitted to departments or agencies with the knowledge 
that subjects may be involved within the period of support, but definite 
plans would not normally be set forth in the application or proposal. 
These include activities such as institutional type grants when 
selection of specific projects is the institution's responsibility; 
research training grants in which the activities involving subjects 
remain to be selected; and projects in which human subjects' involvement 
will depend upon completion of instruments, prior animal studies, or 
purification of compounds. These applications need not be reviewed by an 
IRB before an award may be made. However, except for research exempted 
or waived under Sec. 1c.101 (b) or (i), no human subjects may be 
involved in any project supported by these awards until the project has 
been reviewed and approved by the IRB, as provided in this policy, and 
certification submitted, by the institution, to the department or 
agency.



Sec. 1c.119  Research undertaken without the intention of involving 
human subjects.

    In the event research is undertaken without the intention of 
involving human subjects, but it is later proposed to involve human 
subjects in the research, the research shall first be reviewed and 
approved by an IRB, as provided in this policy, a certification 
submitted, by the institution, to the department or agency, and final 
approval given to the proposed change by the department or agency.



Sec. 1c.120  Evaluation and disposition of applications and proposals
for research to be conducted or supported by a Federal Department or Agency.

    (a) The department or agency head will evaluate all applications and 
proposals involving human subjects submitted to the department or agency 
through such officers and employees of the department or agency and such 
experts and consultants as the department or agency head determines to 
be appropriate. This evaluation will take into consideration the risks 
to the subjects, the adequacy of protection against these risks, the 
potential benefits of the research to the subjects and others, and the 
importance of the knowledge gained or to be gained.
    (b) On the basis of this evaluation, the department or agency head 
may approve or disapprove the application or proposal, or enter into 
negotiations to develop an approvable one.



Sec. 1c.121  [Reserved]



Sec. 1c.122  Use of Federal funds.

    Federal funds administered by a department or agency may not be 
expended for research involving human subjects unless the requirements 
of this policy have been satisfied.



Sec. 1c.123  Early termination of research support: Evaluation of 
applications and proposals.

    (a) The department or agency head may require that department or 
agency support for any project be terminated or suspended in the manner 
prescribed in applicable program requirements, when the department or 
agency head finds an institution has materially failed to comply with 
the terms of this policy.
    (b) In making decisions about supporting or approving applications 
or proposals covered by this policy the department or agency head may 
take into account, in addition to all other eligibility requirements and 
program

[[Page 132]]

criteria, factors such as whether the applicant has been subject to a 
termination or suspension under paragarph (a) of this section and 
whether the applicant or the person or persons who would direct or has 
have directed the scientific and technical aspects of an activity has 
have, in the judgment of the department or agency head, materially 
failed to discharge responsibility for the protection of the rights and 
welfare of human subjects (whether or not the research was subject to 
federal regulation).



Sec. 1c.124  Conditions.

    With respect to any research project or any class of research 
projects the department or agency head may impose additional conditions 
prior to or at the time of approval when in the judgment of the 
department or agency head additional conditions are necessary for the 
protection of human subjects.



PART 2_DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE
AND GENERAL OFFICERS OF THE DEPARTMENT--Table of Contents



                            Subpart A_General

Sec.
2.1 Establishment of the Department.
2.2 Authority of the Secretary to prescribe regulations.
2.3 Authority of the Secretary to delegate authority.
2.4 General officers.
2.5 Order in which officers of the Department shall act as Secretary.

     Subpart B_General Delegations of Authority by the Secretary of 
                               Agriculture

2.7 Authority to supervise and direct.
2.8 Delegations of authority to agency heads to order that the United 
          States flag be flown at half-staff.
2.9 Additional delegations.
2.10 Limitations.
2.11 New principles and periodic reviews.
2.12 Secretary and general officers not precluded from exercising 
          delegated powers.
2.13 Status of prior delegations.

 Subpart C_Delegations of Authority to the Deputy Secretary, the Under 
 Secretaries, and Assistant Secretaries for Congressional Relations and 
                             Administration

2.15 Deputy Secretary.
2.16 Under Secretary for Farm and Foreign Agricultural Services.
2.17 Under Secretary for Rural Development.
2.18 Under Secretary for Food Safety.
2.19 Under Secretary for Food, Nutrition, and Consumer Services.
2.20 Under Secretary for Natural Resources and Environment.
2.21 Under Secretary for Research, Education, and Economics.
2.22 Under Secretary for Marketing and Regulatory Programs.
2.23 Assistant Secretary for Congressional Relations.
2.24 Assistant Secretary for Administration.

Subpart D_Delegations of Authority to Other General Officers and Agency 
                                  Heads

2.27 Office of Administrative Law Judges.
2.29 Chief Economist.
2.31 General Counsel.
2.33 Inspector General.
2.34 Director, National Appeals Division.
2.35 Judicial Officer.
2.36 Director, Office of Communications.

Subpart E [Reserved]

 Subpart F_Delegations of Authority by the Under Secretary for Farm and 
                      Foreign Agricultural Services

2.40 Deputy Under Secretary for Farm and Foreign Agricultural Services.
2.42 Administrator, Farm Service Agency.
2.43 Administrator, Foreign Agricultural Service.
2.44 Administrator, Risk Management Agency and Manager, Federal Crop 
          Insurance Corporation.

  Subpart G_Delegations of Authority by the Under Secretary for Rural 
                               Development

2.45 Deputy Under Secretary for Rural Development.
2.47 Administrator, Rural Utilities Service.
2.48 Administrator, Rural Business-Cooperative Service.
2.49 Administrator, Rural Housing Service.

   Subpart H_Delegations of Authority by the Under Secretary for Food 
                                 Safety

2.51 Deputy Under Secretary for Food Safety.

[[Page 133]]

2.53 Administrator, Food Safety and Inspection Service.

  Subpart I_Delegations of Authority by the Under Secretary for Food, 
                    Nutrition, and Consumer Services

2.55 Deputy Under Secretary for Food, Nutrition, and Consumer Services.
2.57 Administrator, Food and Nutrition Service.

 Subpart J_Delegations of Authority by the Under Secretary for Natural 
                        Resources and Environment

2.59 Deputy Under Secretaries for Natural Resources and Environment.
2.60 Chief, Forest Service.
2.61 Chief, Natural Resources Conservation Service.

Subpart K_Delegations of Authority by the Under Secretary for Research, 
                        Education, and Economics

2.63 Deputy Under Secretary for Research, Education, and Economics.
2.65 Administrator, Agricultural Research Service.
2.66 Director, National Institute of Food and Agriculture.
2.67 Administrator, Economic Research Service.
2.68 Administrator, National Agricultural Statistics Service.

        Subpart L_Delegations of Authority by the Chief Economist

2.70 Deputy Chief Economist.
2.71 Director, Office of Risk Assessment and Cost-Benefit Analysis.
2.72 Chairman, World Agricultural Outlook Board.
2.73 Director, Office of Energy Policy and New Uses.

Subpart M [Reserved]

Subpart N_Delegations of Authority by the Under Secretary for Marketing 
                         and Regulatory Programs

2.77 Deputy Under Secretary for Marketing and Regulatory Programs.
2.79 Administrator, Agricultural Marketing Service.
2.80 Administrator, Animal and Plant Health Inspection Service.
2.81 Administrator, Grain Inspection, Packers and Stockyards 
          Administration.

   Subpart O_Delegations of Authority by the Assistant Secretary for 
                         Congressional Relations

2.83 Deputy Assistant Secretary for Congressional Relations.
2.85 Director, Office of Intergovernmental Affairs.

   Subpart P_Delegations of Authority by the Assistant Secretary for 
                             Administration

2.87 Deputy Assistant Secretary for Administration.
2.88 Assistant Secretary for Civil Rights.
2.89 Chief Information Officer.
2.90 Chief Financial Officer.
2.91 Director, Office of Human Resources Management.
2.92 Director, Office of Small and Disadvantaged Business Utilization.
2.93 Director, Office of Procurement and Property Management.
2.94 Director, Office of Advocacy and Outreach.
2.95 Director, Office of Homeland Security and Emergency Coordination.
2.96 Director, Office of Operations.
2.97 Director, Office of the Executive Secretariat.
2.98 Director, Management Services.

        Subpart Q_Delegations of Authority by the General Counsel

2.200 Deputy General Counsel.

Subpart R_Delegations of Authority by the Assistant Secretary for Civil 
                                 Rights

2.300 Deputy Assistant Secretary for Civil Rights.

   Subpart S_Delegations of Authority by the Chief Information Officer

2.400 Deputy Chief Information Officer.

    Subpart T_Delegations of Authority by the Chief Financial Officer

2.500 Deputy Chief Financial Officer.
2.501 Director, Office of Budget and Program Analysis.

    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.

    Source: 60 FR 56393, Nov. 8, 1995, unless otherwise noted.

[[Page 134]]



                            Subpart A_General



Sec. 2.1  Establishment of the Department.

    The Department of Agriculture was created by the Act of May 15, 
1862, and by the Act of February 9, 1889, it was made an executive 
department in the Federal Government under the supervision and control 
of the Secretary of Agriculture (7 U.S.C. 2201, 2202, 2204).



Sec. 2.2  Authority of the Secretary to prescribe regulations.

    The general authority of the Secretary to prescribe regulations 
governing the work of the Department is based on 5 U.S.C. 301 which 
provides that the head of an Executive department may prescribe 
regulations for the government of his department, the conduct of its 
employees, the distribution and performance of its business, and the 
custody, use and preservation of its records, papers, and property.



Sec. 2.3  Authority of the Secretary to delegate authority.

    (a) The general authority of the Secretary to make delegations of 
his authority is based on:
    (1) Section 4(a) of Reorganization Plan No. 2 of 1953 (5 U.S.C. 
App.), which provides that the Secretary of Agriculture may from time to 
time make such provisions as he shall deem appropriate authorizing the 
performance by any other officer, or by an agency or employee, of the 
Department of Agriculture of any function of the Secretary, including 
any function transferred to the Secretary by the provisions of this 
reorganization plan; and
    (2) Section 212(a)(1) of the Department of Agriculture 
Reorganization Act of 1994, Pub. L. No. 103-354, 7 U.S.C. 6912(a)(1), 
which provides that the Secretary may delegate to any agency, office, 
officer, or employee of the Department the authority to perform any 
function transferred to the Secretary under 7 U.S.C. 6912(a) or any 
other function vested in the Secretary as of the date of the enactment 
of the Act.
    (b) [Reserved]



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 and Foreign Agricultural 
Services; the Under Secretary for Rural Development; the Under Secretary 
for Food Safety; the Under Secretary for Food, Nutrition, and Consumer 
Services; the Under Secretary for Natural Resources and Environment; the 
Under Secretary for Research, Education, and Economics; the Under 
Secretary for Marketing and Regulatory Programs; the Assistant Secretary 
for Congressional Relations; the Assistant Secretary for Administration; 
the Assistant Secretary for Civil Rights; the General Counsel; the 
Inspector General; the Chief Financial Officer; the Chief Information 
Officer; the Judicial Officer; the Director, Office of Budget and 
Program Analysis; the Chief Economist; the Director, National Appeals 
Division; and the Director of Communications.

[75 FR 43367, July 23, 2010]



Sec. 2.5  Order in which officers of the Department shall act
as Secretary.

    (a) Pursuant to Executive Order 13542, ``Providing an Order of 
Succession Within the Department of Agriculture'' (75 FR 27921, May 18, 
2010), during any period in which both the Secretary and the Deputy 
Secretary have died, resigned, or are otherwise unable to perform the 
functions and duties of the office of Secretary, the following officials 
designated in paragraphs (a)(1) through (a)(16) of this section shall 
act as Secretary, in the order in which they are listed, until such time 
as the Secretary or Deputy Secretary is able to perform the functions 
and duties of that office. Each official shall act only in the event of 
the death, resignation, or inability to perform the functions and duties 
of Secretary of the immediately preceding official:
    (1) Assistant Secretary of Agriculture for Administration.
    (2) Under Secretary of Agriculture for Marketing and Regulatory 
Programs.
    (3) Under Secretary of Agriculture for Food, Nutrition, and Consumer 
Services.
    (4) Under Secretary of Agriculture for Food Safety.

[[Page 135]]

    (5) Under Secretary of Agriculture for Natural Resources and 
Environment.
    (6) Under Secretary of Agriculture for Farm and Foreign Agricultural 
Services.
    (7) Under Secretary of Agriculture for Rural Development.
    (8) Under Secretary of Agriculture for Research, Education, and 
Economics.
    (9) General Counsel of the Department of Agriculture.
    (10) Chief of Staff, Office of the Secretary.
    (11) Director, Kansas City Commodity Office, Farm Service Agency.
    (12) State Executive Directors of the Farm Service Agency for the 
States of California, Iowa, and Kansas, in order of seniority fixed by 
length of unbroken service as State Executive Director of that State.
    (13) Regional Administrators of the Food and Nutrition Service for 
the Mountain Plains Regional Office (Denver, Colorado), Midwest Regional 
Office (Chicago, Illinois), and Western Regional Office (San Francisco, 
California), in order of seniority fixed by length of unbroken service 
as Regional Administrator of that Regional Office.
    (14) Chief Financial Officer of the Department of Agriculture.
    (15) Assistant Secretary of Agriculture for Civil Rights.
    (16) Assistant Secretary of Agriculture for Congressional Relations.
    (b) If any two or more individuals designated in paragraphs (a)(12) 
and (a)(13) of this section were sworn in to, or commenced service in, 
their respective offices on the same day, precedence shall be determined 
by the alphabetical order of the State in which the individual serves.
    (c) No individual who is serving in an office listed in paragraphs 
(a)(1) through (a)(16) of this section in an acting capacity shall, by 
virtue of so serving, act as Secretary pursuant to this section.
    (d) No individual who is serving in an office listed in paragraphs 
(a)(1) through (a)(16) of this section shall act as Secretary unless 
that individual is otherwise eligible to so serve under the Federal 
Vacancies Reform Act of 1998 (5 U.S.C. 3345, et seq.).
    (e) Notwithstanding the provisions of this section and Executive 
Order 13542, the President retains discretion, to the extent permitted 
by law, to depart from the order of succession in paragraph (a) of this 
section in designating an acting Secretary.

[75 FR 43367, July 23, 2010]



     Subpart B_General Delegations of Authority by the Secretary of 
                               Agriculture



Sec. 2.7  Authority to supervise and direct.

    Unless specifically reserved, or otherwise delegated, 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. This authority will be 
exercised subject to applicable administrative directives. Unless 
otherwise provided, a general officer or agency head may, subject to his 
or her continuing responsibility for the proper discharge of delegations 
made to him, in this part, delegate and provide for the redelegation of 
his or her authority to appropriate officers and employees. Subject to 
the general supervision of the Secretary, agency heads who are delegated 
authority from a general officer, in this part, report to and are under 
the supervision of that general officer.



Sec. 2.8  Delegations of authority to agency heads to order that the
United States flag be flown at half-staff.

    Pursuant to section 5 of Proclamation 3044, 3 CFR, 1954-1958 Comp., 
p. 4, each general officer and agency head is delegated authority to 
order that the United States flag shall be flown at half-staff on 
buildings and grounds under his or her jurisdiction or control.

[[Page 136]]

This authority shall be exercised in accordance with directives 
promulgated by the Director, Office of Operations.



Sec. 2.9  Additional delegations.

    The authority granted to a general officer may be exercised in the 
discharge of any additional functions which the Secretary may assign.



Sec. 2.10  Limitations.

    The delegations made in this part shall not be construed to confer 
upon any general officer or agency head the authority of the Secretary 
to prescribe regulations which by law require approval of the President.



Sec. 2.11  New principles and periodic reviews.

    In the exercise of authority delegated by the Secretary, the 
application of new principles of major importance or a departure from 
principles established by the Secretary should be brought to the 
attention of the Secretary. General officers are responsible for 
assuring that periodic reviews are conducted of the activities of the 
agencies assigned to their direction and supervision, as required by 5 
U.S.C. 305.



Sec. 2.12  Secretary and general officers not precluded from exercising
delegated powers.

    No delegation of authority by the Secretary or a general officer 
contained in this part shall preclude the Secretary or general officer 
from exercising any of the authority so delegated.



Sec. 2.13  Status of prior delegations.

    Nothing in this part shall affect the bylaws of the Commodity Credit 
Corporation, the Federal Crop Insurance Corporation, or the Rural 
Telephone Bank. All delegations previously made which are inconsistent 
with delegations made in this part are superseded; however, any 
regulation, order, authorization, expenditure, or other instrument, 
heretofore issued or made pursuant to any delegation of authority shall 
continue in full force and effect unless and until withdrawn or 
superseded pursuant to authority granted in this part.



 Subpart C_Delegations of Authority to the Deputy Secretary, the Under 
 Secretaries, and Assistant Secretaries for Congressional Relations and 
                             Administration

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



Sec. 2.15  Deputy Secretary.

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



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

    (a) The following delegations of authority are made by the Secretary 
of Agriculture to the Under Secretary for Farm and Foreign Agricultural 
Services:
    (1) Related to consolidated farm service. (i) Formulate policies and 
administer programs authorized by the Agricultural Adjustment Act of 
1938, as amended (7 U.S.C. 1282 et seq.).
    (ii) Formulate policies and administer programs authorized by the 
Agricultural Act of 1949, as amended (7 U.S.C. 1441 et seq.).
    (iii) Coordinate and prevent duplication of aerial photographic work 
of the Department, including:
    (A) Clearing photography projects;
    (B) Assigning symbols for new aerial photography, maintaining symbol 
records, and furnishing symbol books;
    (C) Recording departmental aerial photography flow and coordinating 
the issuance of aerial photography status maps of latest coverage;
    (D) Promoting interchange of technical information and techniques to 
develop lower costs and better quality;
    (E) Representing the Department on committees, task forces, work 
groups, and other similar groups concerned with aerial photography 
acquisition and reproduction, and serving as liaison with other 
governmental agencies

[[Page 137]]

on aerial photography but excluding mapping;
    (F) Providing a Chairperson for the Photography Sales Committee of 
the Department;
    (G) Coordinating development, preparation, and issuance of 
specifications for aerial photography for the Department;
    (H) Coordinating and performing procurement, inspection, and 
application of specifications for USDA aerial photography;
    (I) Providing for liaison with EROS Data Center to support USDA 
programs and research with satellite imagery reproductions; and
    (J) Maintaining library and files of USDA aerial film and retrieving 
and supplying reproductions on request.
    (iv) Administer the Agricultural Conservation Program under title X 
of the Agricultural Act of 1970, as amended (16 U.S.C. 1501 et seq.), 
and under the Soil Conservation and Domestic Allotment Act, as amended 
(16 U.S.C. 590g et seq.).
    (v) Administer the Emergency Conservation Program under the 
Agricultural Credit Act of 1978, as amended (16 U.S.C. 2201 et seq.).
    (vi) Conduct fiscal, accounting and claims functions relating to 
Commodity Credit Corporation (CCC) programs for which the Under 
Secretary for Farm and Foreign Agricultural Services has been delegated 
authority under paragraph (a)(3) of this section and, in conjunction 
with other agencies of the U.S. Government, develop and formulate 
agreements to reschedule amounts due from foreign countries.
    (vii) Conduct assigned activities under the Strategic and Critical 
Materials Stockpiling Act, as amended (50 U.S.C. 98 et seq.).
    (viii) Supervise and direct Farm Service Agency State and county 
offices and delegate functions to be performed by Farm Service Agency 
State and county committees.
    (ix) Administer the dairy indemnity program under the Act of August 
13, 1968, as amended (7 U.S.C. 450j et seq.).
    (x) Administer procurement, processing, handling, distribution, 
disposition, transportation, payment, and related services with respect 
to surplus removal and supply operations which are carried out under 
section 210 of the Agricultural Act of 1956 (7 U.S.C. 1859), the Act of 
August 19, 1958, as amended (7 U.S.C. 1431 note), and section 709 of the 
Food and Agricultural Act of 1965, as amended (7 U.S.C. 1446a-1), except 
as delegated in paragraph (a)(3) of this section and to the Under 
Secretary for Food, Nutrition, and Consumer Services in Sec. 2.19, and 
assist the Under Secretary for Food, Nutrition, and Consumer Services 
and the Assistant Secretary for Marketing and Regulatory Programs in the 
procurement, handling, payment, and related services under section 32 of 
the Act of August 24, 1935, as amended (7 U.S.C. 612c), the Act of June 
28, 1937, as amended (7 U.S.C. 713c), the National School Lunch Act, as 
amended (42 U.S.C. 1751, et seq.), section 8 of the Child Nutrition Act 
of 1966, as amended (42 U.S.C. 1777), section 311 of the Older Americans 
Act of 1965, as amended (42 U.S.C. 3030a), section 4(a) of the 
Agriculture and Consumer Protection Act of 1973, as amended (7 U.S.C. 
612c note), and section 1114 of the Agriculture and Food Act of 1981 (7 
U.S.C. 1431e).
    (xi) [Reserved]
    (xii) Administer the Agricultural Foreign Investment Disclosure Act 
of 1978 (7 U.S.C. 3501 et seq.), except those functions delegated in 
Sec. 2.21(a)(8)(xi).
    (xiii) Administer energy management activities as assigned.
    (xiv) Conduct producer referenda of commodity promotion programs 
under the Beef Research and Information Act, as amended (7 U.S.C. 2901 
et seq.), and the Agricultural Promotion Programs Act of 1990, as 
amended (7 U.S.C. 6001 et seq.).
    (xv) Conduct field operations of diversion programs for fresh fruits 
and vegetables under section 32 of the Act of August 29, 1935.
    (xvi) Administer the U.S. Warehouse Act, as amended (7 U.S.C. 241-
273), and perform compliance examinations for Farm Service Agency 
programs.
    (xvii) [Reserved]
    (xviii) Formulate and carry out the Conservation Reserve Program, 
including the implementation of technical assistance, under the Food 
Security Act of 1985, as amended (16 U.S.C. 1231 et seq.).

[[Page 138]]

    (xix) Carry out functions relating to highly erodible land and 
wetland conservation under sections 1211-1213 and 1221-1223 of the Food 
Security Act of 1985, as amended (16 U.S.C. 3811-3813 and 3821-3823).
    (xx)-(xxii) [Reserved]
    (xxiii) Formulate and administer regulations regarding program 
ineligibility resulting from convictions under Federal or State law of 
planting, cultivating, growing, producing, harvesting, or storing a 
controlled substance, as required under section 1764 of the Food 
Security Act of 1985 (21 U.S.C. 881a).
    (xxiv) [Reserved]
    (xxv) Administer all programs of the Commodity Credit Corporation 
that provide assistance with respect to the production of agricultural 
commodities, including disaster assistance and the domestic marketing of 
such commodities, except as may otherwise be reserved by the Secretary 
of Agriculture, and similar programs (including commodity quality 
development programs) consigned by statute to the Secretary of 
Agriculture unless otherwise delegated.
    (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 and Foreign Agricultural 
Services:
    (A) The equitable relief provisions of section 1613 (7 U.S.C. 7996).
    (B) The tracking of benefits under section 1614 (7 U.S.C. 7997).
    (C) The development of a plan and related report to coordinate land 
retirement and agricultural working land conservation programs under 
section 2005 (16 U.S.C. 3801 note).
    (xxvii) Formulate and carry out the Grassroots Source Water 
Protection Program authorized by the Food Security Act of 1985, as 
amended (16 U.S.C. 3839bb-2).
    (xxviii) Administer cooperative agreements authorized under 7 U.S.C. 
2204b(b)(4) with respect to conservation programs.
    (xxix) Administer the feedstock flexibility program for bioenergy 
producers under section 9010 of the Farm Security and Rural Investment 
Act of 2002 (7 U.S.C. 8110) and the biomass crop assistance program 
under section 9011 of that Act (7 U.S.C. 8111).
    (xxx) Administer the Grassland Reserve Program under sections 1238N-
1238Q of the Food Security Act of 1985 (16 U.S.C. 3838n-3838q) in 
cooperation with the Under Secretary for Natural Resources and 
Environment.
    (xxxi) Administer the provisions of section 1240R of the Food 
Security Act of 1985 (16 U.S.C. 3839bb-5) regarding voluntary public 
access and habitat incentives.
    (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 and Foreign 
Agricultural Services.
    (xxxiii) In coordination with the Assistant Secretary for 
Administration, issue receipts under section 2501A(e) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1(e)).
    (xxxiv) Administer the following provisions of the Food, 
Conservation, and Energy Act of 2008, Public Law 110-246:
    (A) Section 1605 relating to quality incentive payments for covered 
oilseed producers.
    (B) Section 1609 relating to the tracking of benefits.
    (C) Section 1612 relating to the hard white wheat development 
program.
    (D) Section 1613 relating to the durum wheat quality program.
    (E) Section 1621 relating to direct reimbursement payments to 
geographically disadvantaged farmers or ranchers.
    (F) Section 10404 relating to market loss assistance for asparagus 
producers.
    (G) Sections 12033 and 15101 relating to supplemental agricultural 
disaster assistance.
    (H) Section 14212 relating to the closure or relocation of county or 
field offices of the Farm Service Agency.
    (I) Section 15353(a) relating to information reporting for Commodity 
Credit Corporation transactions.
    (xxxv) Implement the information disclosure authorities of section 
1619(b)(3)(A) of the Food, Conservation,

[[Page 139]]

and Energy Act of 2008 (7 U.S.C. 8791(b)(3)(A)).
    (2) Related to farm credit. (i) Administer the Consolidated Farm and 
Rural Development Act (7 U.S.C. 1921 et seq.), except for the authority 
contained in the following sections:
    (A) [Reserved]
    (B) Section 306 (7 U.S.C. 1926), relating to all programs in that 
section;
    (C) Section 306A (7 U.S.C. 1926a) and section 306B (7 U.S.C. 1926b), 
relating to the emergency community water assistance grant programs;
    (D) Section 306C (7 U.S.C. 1926c) to administer the water and waste 
facility loans and grants to alleviate health risks;
    (E) Sections 309 (7 U.S.C. 1929) and 309A (7 U.S.C. 1929a), 
regarding assets and programs related to rural development;
    (F) Section 310A (7 U.S.C. 1931), relating to watershed and resource 
conservation and development loans;
    (G) Section 310B (7 U.S.C. 1932), regarding various Rural 
Development programs;
    (H) Section 312(b) (7 U.S.C. 1942(b)), relating to small business 
enterprises;
    (I) Section 342 (7 U.S.C. 1013a);
    (J) Section 364 (7 U.S.C. 2006f), section 365 (7 U.S.C. 2008), 
section 366 (7 U.S.C. 2008a), section 367 (7 U.S.C. 2008b), and section 
368 (7 U.S.C. 2008c), regarding assets and programs related to rural 
development; and
    (K) Administrative provisions of subtitle D of the Consolidated Farm 
and Rural Development Act related to Rural Utilities Service, Rural 
Business-Cooperative Service, and Rural Housing Service activities.
    (L) Section 375 (7 U.S.C. 2008j), relating to the National Sheep 
Industry Improvement Center.
    (ii) Collect, service, and liquidate loans made or insured by the 
Farm Service Agency, or its predecessor agencies.
    (iii) Administer the Rural Rehabilitation Corporation Trust 
Liquidation Act (40 U.S.C. 440 et seq.), and trust, liquidation, and 
other agreements entered into pursuant thereto.
    (iv) [Reserved]
    (v) Administer Farmers Home Administration or any successor agency 
assets conveyed in trust under the Participation Sales Act of 1966 (12 
U.S.C. 1717).
    (vi) Administer the Emergency Loan and Guarantee Programs under 
sections 232, 234, 237, and 253 of the Disaster Relief Act of 1970 (Pub. 
L. No. 91-606), the Disaster Relief Act of 1969 (Pub. L. No. 91-79), 
Pub. L. No. 92-385, approved August 16, 1972, and the Emergency 
Livestock Credit Act of 1974 (Pub. L. No. 93-357), as amended.
    (vii) Administer loans to homestead or desertland entrymen and 
purchasers of land in reclamation projects or to an entryman under the 
desertland law (7 U.S.C. 1006a and 1006b).
    (viii) Administer the Federal Claims Collection Act of 1966, as 
amended (31 U.S.C. 3711 et seq.), and joint regulations issued pursuant 
thereto by the Attorney General and the Comptroller General (4 CFR 
chapter II), with respect to claims of the Farm Service Agency.
    (ix) Service, collect, settle, and liquidate:
    (A) Deferred land purchase obligations of individuals under the 
Wheeler-Case Act of August 11, 1939, as amended (16 U.S.C. 590y), and 
under the item, ``Water Conservation and Utilization projects'' in the 
Department of the Interior Appropriation Act, 1940 (53 Stat. 719), as 
amended;
    (B) Puerto Rican Hurricane Relief loans under the Act of July 11, 
1956 (70 Stat. 525); and
    (C) Loans made in conformance with section 4 of the Southeast 
Hurricane Disaster Relief Act of 1965 (79 Stat. 1301).
    (x) Administer loans to Indian tribes, tribal corporations, and 
purchasers of highly fractionated land (25 U.S.C. 488-492).
    (xi) Administer the State Agricultural Loan Mediation Program under 
title 5 of the Agricultural Credit Act of 1987 (7 U.S.C. 5101 et seq.)
    (xii) Administer financial assistance programs relating to Economic 
Opportunity Loans to Cooperatives under part A of title III and part D 
of title I and the necessarily related functions in title VI of the 
Economic Opportunity Act of 1964, as amended (42 U.S.C. 2763-2768, 2841-
2855, 2942, 2943(b), 2961), delegated by the Director of the Office of

[[Page 140]]

Economic Opportunity to the Secretary of Agriculture by documents dated 
October 23, 1964 (29 FR 14764), and June 17, 1968 (33 FR 9850), 
respectively.
    (xiii) Exercise all authority and discretion vested in the Secretary 
by section 331(c) of the Consolidated Farm and Rural Development Act, as 
amended by section 2 of the Farmers Home Administration Improvement Act 
of 1994, Pub. L. 103-248 (7 U.S.C. 1981(c)), including the following:
    (A) Determine, with the concurrence of the General Counsel, which 
actions are to be referred to the Department of Justice for the conduct 
of litigation, and refer such actions to the Department of Justice 
through the General Counsel;
    (B) Determine, with the concurrence of the General Counsel, which 
actions are to be referred to the General Counsel, for the conduct of 
litigation and refer such actions; and
    (C) Enter into contracts with private sector attorneys for the 
conduct of litigation, with the concurrence of the General Counsel, 
after determining that the attorneys will provide competent and cost 
effective representation for the Farm Service Agency.
    (xiv) Administer programs for Apple Loans and Emergency Loans for 
Seed Producers under sections 203(f) and 253, respectively, of the 
Agricultural Risk Protection Act of 2000 (7 U.S.C. 1421 note, Pub. L. 
106-224).
    (xv) Administer evaluations of direct and guaranteed loan programs 
under section 5301 of the Farm security and Rural Investment Act of 2002 
(7 U.S.C. 1922 note).
    (3) Related to foreign agriculture. (i) Coordinate the carrying out 
by Department agencies of their functions involving foreign agricultural 
policies and programs and their operations and activities in foreign 
areas. Act as liaison on these matters and functions relating to foreign 
agriculture between the Department of Agriculture and the Department of 
State, the United States Trade Representative, the Trade Policy 
Committee, the Agency for International Development, and other 
departments, agencies, and committees of the U.S. Government, foreign 
governments, the Organization for Economic Cooperation and Development, 
the European Union, the Food and Agriculture Organization of the United 
Nations, the International Bank for Reconstruction and Development, the 
Inter-American Development Bank, the Organization of American States, 
and other public and private U.S. and international organizations, and 
the contracting parties to the General Agreement on Tariffs and Trade 
(GATT) and the World Trade Organization (WTO).
    (ii) Administer Departmental programs concerned with development of 
foreign markets for agricultural products of the United States except 
functions relating to export marketing operations under section 32 of 
the Act of August 23, 1935, as amended (7 U.S.C. 612c), delegated to the 
Assistant Secretary for Marketing and Regulatory Programs, and 
utilization research delegated to the Under Secretary for Research, 
Education, and Economics.
    (iii) Conduct studies of worldwide production, trade, marketing, 
prices, consumption, and other factors affecting exports and imports of 
U.S. agricultural commodities; obtain information on methods used by 
other countries to move farm commodities in world trade on a competitive 
basis for use in the development of programs of this Department; provide 
information to domestic producers, the agricultural trade, the public 
and other interests; and promote normal commercial markets abroad. This 
delegation excludes basic and long-range analyses of world conditions 
and developments affecting supply, demand, and trade in farm products 
and general economic analyses of the international financial and 
monetary aspects of agricultural affairs as assigned to the Under 
Secretary for Research, Education, and Economics.
    (iv) Conduct functions of the Department relating to GATT, WTO, the 
Trade Expansion Act of 1962 (19 U.S.C. 1801 et seq.), the Trade Act of 
1974 (19 U.S.C. 2101 et seq.), the Trade Agreements Act of 1979 (19 
U.S.C. 2501 et seq.), the Omnibus Trade and Competition Act of 1988 (19 
U.S.C. 2901 et seq.), the provisions of subtitle B of title III of the 
North American Free Trade Agreement Implementation Act, and other

[[Page 141]]

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 Assistant Secretary 
for Marketing and Regulatory Programs. These include:
    (A) Functions under section 22 of the Agricultural Adjustment Act of 
1933, as amended (7 U.S.C. 624);
    (B) General note 15(c) to the Harmonized Tariff Schedule of the 
United States (19 U.S.C. 1202);
    (C) Requests for emergency relief from duty-free imports of 
perishable products filed with the Department of Agriculture under 
section 213(f) of the Caribbean Basin Recovery Act of 1983 (19 U.S.C. 
2703(f));
    (D) Section 404 of the Trade and Tariff Act of 1984 (19 U.S.C. 2112 
note);
    (E) Section 204(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) Represent the Department on the Interdepartmental Committee 
for Export Control and to conduct departmental activities to carry out 
the provisions of the Export Administration Act of 1969, as amended (50 
U.S.C. App. 2401 et seq.), except as reserved to the Secretary under 
paragraph (b)(2) of this section.
    (ix) Exercise the Department's responsibilities in connection with 
international negotiations of the 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,

[[Page 142]]

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

[[Page 143]]

markets for U.S. agricultural commodities in accordance with title IV of 
Pub. L. No. 95-501 (7 U.S.C. 1765a-g).
    (xxviii) Administer the programs under section 416(b) of the 
Agricultural Act of 1949, as amended (7 U.S.C. 1431(b)), relating to the 
foreign donation of CCC stocks of agricultural commodities.
    (xxix)-(xxx) [Reserved]
    (xxxi) Administer programs under the Food for Progress Act of 1985 
(7 U.S.C. 1736o).
    (xxxii) Serve as Department adviser on policies, organizational 
arrangements, budgets, and actions to accomplish international 
scientific and technical cooperation in food and agriculture.
    (xxxiii) Administer and direct the Department's programs in 
international development, technical assistance, and training carried 
out under the Foreign Assistance Act, as amended, as requested under 
such act (22 U.S.C. 2151 et seq.).
    (xxxiv) Administer and coordinate assigned Departmental programs in 
international research and scientific and technical cooperation with 
other governmental agencies, land grant universities, international 
organizations, international agricultural research centers, and other 
institutions (7 U.S.C. 1624, 3291).
    (xxxv) Direct and coordinate the Department's participation in 
scientific and technical matters and exchange agreements between the 
United States and other countries.
    (xxxvi) Direct and coordinate the Department's work in international 
organizations and interagency committees concerned with food and 
agricultural development programs (7 U.S.C. 2201-2202).
    (xxxvii) Coordinate policy formulation for USDA international 
science and technology programs concerning international agricultural 
research centers, international organizations, and international 
agricultural research and extension activities (7 U.S.C. 3291).
    (xxxviii) Disseminate, upon request, information on subjects 
connected with agriculture which has been acquired by USDA agencies that 
may be useful to the U.S. private sector in expanding foreign markets 
and investment opportunities through the operation of a Department 
information center, pursuant to 7 U.S.C. 2201.
    (xxxix) Enter into contracts, grants, cooperative agreements, and 
cost reimbursable agreements relating to agricultural research, 
extension, or teaching activities (7 U.S.C. 3318, 3319a).
    (xl) Determine amounts reimbursable for indirect costs under 
international agricultural programs and agreements (7 U.S.C. 3319).
    (xli) Administer the Cochran Fellowship Program (7 U.S.C. 3293).
    (xlii) Determine quantity trigger levels and impose additional 
duties under the special safeguard measures in accordance with U.S. note 
2 to subchapter IV of chapter 99 of the Harmonized Tariff Schedule of 
the United States (19 U.S.C. 1202).
    (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) Implement section 3205 of the Food, Conservation, and Energy 
Act of 2008 (22 U.S.C. 7112 note) regarding the Consultative Group to 
Eliminate the Use of Child Labor and Forced Labor in Imported 
Agricultural Products, in consultation with the Under Secretary for 
Marketing and Regulatory Programs.
    (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) Administer the grant program for agricultural biotechnology 
research and development for developing countries (7 U.S.C. 7631).
    (4) Related to risk management. (i) Exercise general supervision of 
the Federal Crop Insurance Corporation.
    (ii) Appoint such officers and employees as may be necessary for the 
transaction of the business of the Federal Crop Insurance Corporation 
and the Risk Management Agency.

[[Page 144]]

    (iii) Conduct pilot programs involving revenue insurance, risk 
management savings accounts, or the use of futures markets to manage 
risk and support farm income.
    (iv) Provide education in management of the financial risks inherent 
in the production and marketing of agricultural commodities.
    (v) Conduct a study and issue a report on the efficacy and accuracy 
of the application of pack factors regarding the measurement of farm-
stored production for purposes of providing policies or plans of 
insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
    (5) Related to committee management. Establish and reestablish 
regional, state, and local advisory committees for activities under his 
or her authority. This authority may not be redelegated.
    (6) Related to defense and emergency preparedness. Administer 
responsibilities and functions assigned under the Defense Production Act 
of 1950, as amended (50 U.S.C. App. 2061 et seq.), and title VI of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5195 et seq.), concerning agricultural production; food 
processing, storage, and distribution; distribution of farm equipment 
and fertilizer; rehabilitation and use of food, agricultural and related 
agribusiness facilities; CCC resources; farm credit and financial 
assistance; and foreign agricultural intelligence and other foreign 
agricultural matters.
    (7) Related to environmental response. With respect to land and 
facilities under his or her authority, exercise the functions delegated 
to the Secretary by Executive Order 12580, 3 CFR, 1987 Comp., p. 193, 
under the following provisions of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (``the Act''), as 
amended:
    (i) Sections 104 (a), (b), and (c)(4) of the Act (42 U.S.C. 9604 
(a), (b), and (c)(4)), with respect to removal and remedial actions in 
the event of release or threatened release of a hazardous substance, 
pollutant, or contaminant into the environment;
    (ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with 
respect to information gathering and access requests and orders; 
compliance with Federal health and safety standards and wage and labor 
standards applicable to covered work; and emergency procurement powers;
    (iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with 
respect to the reduction of exposure to significant risk to human 
health;
    (iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to 
the acquisition of real property and interests in real property required 
to conduct a remedial action;
    (v) The first two sentences of section 105(d) of the Act (42 U.S.C. 
9605(d)), with respect to petition for preliminary assessment of a 
release or threatened release;
    (vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to 
consideration of the availability of qualified minority firms in 
awarding contracts, but excluding that portion of section 105(f) 
pertaining to the annual report to Congress;
    (vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the 
assessment of civil penalties for violations of section 122 of the Act 
(42 U.S.C. 9622), and the granting of awards to individuals providing 
information;
    (viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect 
to the designation of officials who may obligate money in the Hazardous 
Substances Superfund;
    (ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to 
establishing an administrative record upon which to base the selection 
of a response action and identifying and notifying potentially 
responsible parties;
    (x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to 
preliminary assessment and site inspection of facilities;
    (xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and (c)), 
with respect to public participation in the preparation of any plan for 
remedial action and explanation of variances from the final remedial 
action plan for any remedial action or enforcement action, including any 
settlement or consent decree entered into;

[[Page 145]]

    (xii) Section 119 of the Act (42 U.S.C. 9119), with respect to 
indemnifying response action contractors;
    (xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to 
cleanup standards; and
    (xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to 
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C. 
9622(b)(1)), related to mixed funding agreements.
    (8) Related to compliance with environmental laws. With respect to 
facilities and activities under his or her authority, to exercise the 
authority of the Secretary of Agriculture pursuant to section 1-102 
related to compliance with applicable pollution control standards and 
section 1-601 of Executive Order 12088, 3 CFR, 1978 Comp., p. 243, to 
enter into an inter-agency agreement with the United States 
Environmental Protection Agency, or an administrative consent order or a 
consent judgment in an appropriate State, interstate, or local agency, 
containing a plan and schedule to achieve and maintain compliance with 
applicable pollution control standards established pursuant to the 
following:
    (i) Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act, as further amended by the Hazardous and 
Solid Waste Amendments, and the Federal Facility Compliance Act (42 
U.S.C. 6901 et seq.);
    (ii) Federal Water Pollution Prevention and Control Act, as amended 
(33 U.S.C. 1251 et seq.);
    (iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.);
    (iv) Clean Air Act, as amended (42 U.S.C. 7401 et seq.);
    (v) Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq.);
    (vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601 et 
seq.);
    (vii) Federal Insecticide, Fungicide, and Rodenticide Act, as 
amended (7 U.S.C. 136 et seq.); and
    (viii) Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended by the Superfund Amendments and 
Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.).
    (9) Related to hazardous materials management. (i) Serve on the USDA 
Hazardous Materials Policy Council.
    (ii) Recommend actions and policies that enable USDA agencies under 
his or her authority to comply with the intent, purposes, and standards 
of environmental laws for pollution prevention, control, and abatement.
    (iii) Consult with the United States Environmental Protection Agency 
and other appropriate Federal agencies in developing pollution 
prevention, control, and abatement policies and programs relating to 
agencies under his or her authority.
    (iv) Recommend actions and policies of the loan and grant programs 
under his or her authority concerning compliance with the Asset 
Conservation, Lender Liability, and Deposit Insurance Protection Act of 
1996, Subtitle E of Public Law No. 104-208.
    (b) The following authorities are reserved to the Secretary of 
Agriculture:
    (1) Related to farm service. (i) Appointment of Farm Service Agency 
State committeemen.
    (ii) Final approval of regulations relating to the selection and 
exercise of the functions of committees promulgated under section 8(b) 
of the Soil Conservation and Domestic Allotment Act, as amended (16 
U.S.C. 590h(b)).
    (2) Related to foreign agriculture. (i) Approving export controls 
with respect to any agricultural commodity, including fats and oils or 
animal hides or skins as provided for in the Export Administration Act 
of 1969, as amended (50 U.S.C. App. 2401 et seq.).
    (ii) Advising the President that imports are having the effect on 
programs or operations of this Department required as a prerequisite for 
the imposition of import controls under section 22 of the Agricultural 
Adjustment Act of 1933, as amended (7 U.S.C. 624a), recommending that 
the President cause an investigation to be made by the Tariff Commission 
of the facts so that a determination can be made whether import 
restrictions should be imposed under that Act, and determining under 
section 204(e) of the Andean Trade Preference Act (19 U.S.C. 3203(e)) 
that there exists a serious injury, or threat thereof and recommending 
to the President whether or not to take action.
    (iii) Determining the agricultural commodities and the quantities 
thereof

[[Page 146]]

available for disposition under Public Law 480 (7 U.S.C. 1731).
    (3) Related to risk management. (i) Appointment of those members of 
the Board of Directors of the Federal Crop Insurance Corporation who are 
not already otherwise employed by the Department of Agriculture, and as 
authorized in 7 U.S.C. 1505(a) designating an Under Secretary of 
Agriculture to be a member of the Board in addition to the Under 
Secretary responsible for the Federal crop insurance program who is a 
Board member pursuant to 7 U.S.C. 1505(a).
    (ii) Appointment of the Administrator of the Risk Management Agency 
who also shall serve as the Manager of the Federal Crop Insurance 
Corporation.

[60 FR 56393, Nov. 8, 1995, as amended at 61 FR 25775, May 23, 1996; 61 
FR 37552, July 18, 1996; 62 FR 1031, Jan. 8, 1997; 62 FR 19900, Apr. 24, 
1997; 62 FR 40253, July 28, 1997; 65 FR 12427, Mar. 9, 2000; 68 FR 
27435, May 20, 2003; 71 FR 35491, June 21, 2006; 71 FR 51421, Aug. 30, 
2006; 74 FR 3401, Jan. 21, 2009; 75 FR 43368, July 23, 2010]



Sec. 2.17  Under Secretary for Rural Development.

    (a) The following delegations of authority are made by the Secretary 
of Agriculture to the Under Secretary for Rural Economic and Community 
Development:
    (1) Provide leadership and coordination within the executive branch 
of a Nationwide Rural Development Program utilizing the services of 
executive branch departments and agencies and the agencies, bureaus, 
offices, and services of the Department of Agriculture in coordination 
with rural development programs of State and local governments (7 U.S.C. 
2204).
    (2) Coordinate activities relative to rural development among 
agencies reporting to the Under Secretary for Rural Economic and 
Community Development and, through appropriate channels, serve as the 
coordinating official for other departmental agencies having primary 
responsibilities for specific titles of the Rural Development Act of 
1972, and allied legislation.
    (3) Administer a national program of economic, social, and 
environmental research and analysis, statistical programs, and 
associated service work related to rural people and the communities in 
which they live including rural industrialization; rural population and 
manpower; local government finance; income development strategies; 
housing; social services and utilization; adjustments to changing 
economic and technical forces; and other related matters.
    (4) Work with Federal agencies in encouraging the creation of rural 
community development organizations.
    (5) Assist other Federal agencies in making rural community 
development organizations aware of the Federal programs available to 
them.
    (6) Advise rural community development organizations of the 
availability of Federal assistance programs.
    (7) Advise other Federal agencies of the need for particular Federal 
programs.
    (8) Assist rural community development organizations in making 
contact with Federal agencies whose assistance may be of benefit to 
them.
    (9) Assist other Federal agencies and national organizations in 
developing means for extending their services effectively to rural 
areas.
    (10) Assist other Federal agencies in designating pilot projects in 
rural areas.
    (11) Conduct studies to determine how programs of the Department can 
be brought to bear on the economic development problems of the country 
and assure that local groups are receiving adequate technical assistance 
from Federal agencies or from local and State governments in formulating 
development programs and in carrying out planned development activities.
    (12) Assist other Federal agencies in formulating manpower 
development and training policies.
    (13) Related to committee management. Establish and reestablish 
regional, state, and local advisory committees for activities under his 
or her authority. This authority may not be re-delegated.
    (14) Related to defense and emergency preparedness. Administer 
responsibilities and functions assigned under the Defense Production Act 
of 1950, as amended (50 U.S.C. App. 2061 et seq.), and title VI of the 
Robert T. Stafford

[[Page 147]]

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195 et seq.), 
concerning rural development credit and financial assistance.
    (15) Related to energy. (i) Provide Department-wide operational 
support and coordination for loan and grant programs to foster and 
encourage the production of fuels from agricultural and forestry 
products or by-products.
    (ii) Participate as a Department representative at conferences, 
meetings and other contacts including liaison with the Department of 
Energy and other government agencies and departments with respect to 
implementation of established Department energy policy.
    (iii) Serve as Co-Chairperson of the Energy Coordinating Committee 
of the Department.
    (16) Collect, service, and liquidate loans made, insured, or 
guaranteed by the Rural Utilities Service, the Rural Housing Service, 
the Rural Business-Cooperative Service, or their predecessor agencies.
    (17) Administer the Federal Claims Collection Act of 1966 (31 U.S.C. 
3711 et seq.), and joint regulations issued pursuant thereto by the 
Attorney General and the Comptroller General (4 CFR chapter II), with 
respect to claims of the Rural Housing Service, the Rural Business-
Cooperative Service and the Rural Utilities Service.
    (18) With respect to land and facilities under his or her authority, 
exercise the functions delegated to the Secretary by Executive Order 
12580, 3 CFR, 1987 Comp., p. 193, under the following provisions of the 
Comprehensive Environmental Response, Compensation, and Liability Act of 
1980 (``the Act''), as amended:
    (i) Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a), 
(b), and (c)(4)), with respect to removal and remedial actions in the 
event of release or threatened release of a hazardous substance, 
pollutant, or contaminant into the environment;
    (ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with 
respect to information gathering and access requests and orders; 
compliance with Federal health and safety standards and wage and labor 
standards applicable to covered work; and emergency procurement powers;
    (iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with 
respect to the reduction of exposure to significant risk to human 
health;
    (iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to 
the acquisition of real property and interests in real property required 
to conduct a remedial action;
    (v) The first two sentences of section 105(d) of the Act (42 U.S.C. 
9605(d)), with respect to petitions for preliminary assessment of a 
release or threatened release;
    (vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to 
consideration of the availability of qualified minority firms in 
awarding contracts, but excluding that portion of section 105(f) 
pertaining to the annual report to Congress;
    (vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the 
assessment of civil penalties for violations of section 122 of the Act 
(42 U.S.C. 9622), and the granting of awards to individuals providing 
information;
    (viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect 
to the designation of officials who may obligate money in the Hazardous 
Substances Superfund;
    (ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to 
establishing an administrative record upon which to base the selection 
of a response action and identifying and notifying potentially 
responsible parties;
    (x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to 
preliminary assessment and site inspection of facilities;
    (xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and (c)), 
with respect to public participation in the preparation of any plan for 
remedial action and explanation of variances from the final remedial 
action plan for any remedial action or enforcement action, including any 
settlement or consent decree entered into;
    (xii) Section 119 of the Act (42 U.S.C. 9119), with respect to 
indemnifying response action contractors;
    (xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to 
cleanup standards; and

[[Page 148]]

    (xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to 
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C. 
9622(b)(1)), related to mixed funding agreements.
    (19) With respect to facilities and activities under his or her 
authority, to exercise the authority of the Secretary of Agriculture 
pursuant to section 1-102 related to compliance with applicable 
pollution control standards and section 1-601 of Executive Order 12088, 
3 CFR, 1978 Comp., p. 243, to enter into an inter-agency agreement with 
the United States Environmental Protection Agency, or an administrative 
consent order or a consent judgment in an appropriate State, interstate, 
or local agency, containing a plan and schedule to achieve and maintain 
compliance with applicable pollution control standards established 
pursuant to the following:
    (i) Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act, as further amended by the Hazardous and 
Solid Waste Amendments, and the Federal Facility Compliance Act (42 
U.S.C. 6901 et seq.);
    (ii) Federal Water Pollution Prevention and Control Act, as amended 
(33 U.S.C. 1251 et seq.);
    (iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.);
    (iv) Clean Air Act, as amended (42 U.S.C. 7401 et seq.);
    (v) Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq.);
    (vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601 et 
seq.);
    (vii) Federal Insecticide, Fungicide, and Rodenticide Act, as 
amended (7 U.S.C. 136 et seq.); and
    (viii) Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended by the Superfund Amendments and 
Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.).
    (20) Related to rural utilities service. (i) Administer the Rural 
Electrification Act of 1936, as amended (7 U.S.C. 901 et seq.) except 
for rural economic development loan and grant programs; (7 U.S.C. 940c 
and 950aa et seq.): Provided, however, that the Under Secretary may 
utilize consultants and attorneys for the provision of legal services 
pursuant to 7 U.S.C. 918, with the concurrence of the General Counsel.
    (ii) Administer the Rural Electrification Act of 1938 (7 U.S.C. 903 
note).
    (iii) Designate the chief executive officer of the Rural Telephone 
Bank.
    (iv) Administer the following sections of the Consolidated Farm and 
Rural Development Act (7 U.S.C. 1921, et seq.):
    (A) Section 306 (7 U.S.C. 1926), related to water and waste 
facilities.
    (B) Section 306A (7 U.S.C. 1926a).
    (C) Section 306B (7 U.S.C. 1926b).
    (D) Section 306C (7 U.S.C. 1926c).
    (E) Section 306D (7 U.S.C. 1926d).
    (F) Section 306E (7 U.S.C. 1926e).
    (G) Section 309 (7 U.S.C. 1929) and 309A (7 U.S.C. 1929a), relating 
to assets and programs related to watershed facilities, resource and 
conservation facilities, and water and waste facilities.
    (H) Section 310A (7 U.S.C. 1931), relating to watershed and resource 
conservation and development
    (I) Section 310B(b) (7 U.S.C. 1932(b)).
    (J) [Reserved]
    (K) Administrative Provisions of subtitle D of the consolidated Farm 
and Rural Development act relating to rural utility activities.
    (L) Section 379B (7 U.S.C. 2008p).
    (v) Administer section 8, and those functions with respect to 
repayment of obligations under section 4 of the Watershed Protection and 
Flood Prevention Act (16 U.S.C. 1006a, 1004) and administer the Resource 
Conservation and Development Program to assist in carrying out resource 
conservation and development projects in rural areas under section 32(e) 
of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(e)).
    (vi) Administer the Water and Waste Loan Program (7 U.S.C. 1926-1).
    (vii) Administer the Rural Wastewater Treatment Circuit Rider 
Program (7 U.S.C. 1926 note).
    (viii) Administer the Distance Learning and Medical Link Programs (7 
U.S.C. 950aaa et seq.).
    (ix) Administer Water and Waste Facility Programs and activities (7 
U.S.C. 1926-1).
    (x) Administer the SEARCH Grants for Small Communities Program (7 
U.S.C. 2009ee et seq.)
    (xi) In coordination with the Assistant Secretary for 
Administration, issue receipts under section 2501A(e) of the

[[Page 149]]

Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-
1(e)).
    (21) Related to rural business-cooperative. (i) Administer the Rural 
Economic Development Loan and Grant Programs under the Rural 
Electrification Act (7 U.S.C. 940c and 950aa et seq.).
    (ii) Administer the following sections of the Consolidated Farm and 
Rural Development Act (7 U.S.C. 1921 et seq.):
    (A) Section 306(a)(110(A) (7 U.S.C. 1926(a)(11)(A)), relating to 
grants for business technical assistance and planning.
    (B) [Reserved]
    (C) Sections 309 (7 U.S.C. 1929) and 309A (7 U.S.C. 1929a), relating 
to assets and programs related to rural development.
    (D) Section 310B (7 U.S.C. 1932), relating to various Rural 
Development programs, except for subsection (b) of that section.
    (E) Section 312(b) (7 U.S.C. 1942(b)), relating to small business 
enterprises.
    (F) Administrative Provisions of subtitle D of the Consolidated Farm 
and Rural Development Act relating to rural business-cooperative 
activities.
    (G) Section 378 (7 U.S.C. 2008m) relating to the National Rural 
Development Partnership;
    (H) Section 379E (7 U.S.C. 2008s) relating to the Rural 
Microentrepreneur Assistance Program.
    (I) Section 379F (7 U.S.C. 2000t) relating to the Expansion of 
Employment Opportunities for Individuals with Disabilities in Rural 
Areas Program.
    (J) Section 379G (7 U.S.C. 2008u) relating to Health Care Services.
    (K) Section 382A et seq. (7 U.S.C. 2009aa et seq.) relating to the 
Delta Regional Authority.
    (L) Section 383A et seq. (7 U.S.C. 2009bb et seq.) relating to the 
Northern Great Plains Regional Authority.
    (M) Section 384A et seq. (7 U.S.C. 2009cc et seq.) relating to the 
Rural Business Investment Program;
    (N) Section 385A et seq. (7 U.S.C. 2009dd et seq.) relating to the 
Rural Collaborative Investment Program.
    (iii) Administer Alcohol Fuels Credit Guarantee Program Account 
(Pub. L. 102-341, 106 Stat. 895).
    (iv) Administer section 1323 of the Food Security Act of 1985 (7 
U.S.C. 1932 note).
    (v) Administer loan programs in the Appalachian region under 
sections 203 and 204 of the Appalachian Regional Development Act of 1965 
(40 U.S.C. App. 204).
    (vi) Administer section 601 of the Powerplant and Industrial Fuel 
Use Act of 1978 (Pub. L. 95-620).
    (vii) Administer the Drought and Disaster Guaranteed Loan Program 
under section 331 of the Disaster Assistance Act of 1988 (7 U.S.C. 1929a 
note).
    (viii) Administer the Disaster Assistance for Rural Business 
Enterprises Guaranteed Loan Program under section 401 of the Disaster 
Assistance Act of 1989 (7 U.S.C. 1929a note).
    (ix) Administer the Rural Economic Development Demonstration Grant 
Program (7 U.S.C. 2662a).
    (x) Administer the Economically Disadvantaged Rural Community Loan 
Program (7 U.S.C. 6616).
    (xi) Administer the assets of the Alternative Agricultural Research 
and Commercialization Corporation and the funds in the Alternative 
Agricultural Research and Commercialization Fund in accordance with 
section 6201 of the Farm Security and Rural Investment Act of 2000 (note 
to 7 U.S.C. 5901 (repealed)).
    (xii) Administer programs authorized by the Cooperative Marketing 
Act of 1926 (7 U.S.C. 451-457).
    (xiii) Carry out the responsibilities of the Secretary of 
Agriculture relating to the marketing aspects of cooperatives, including 
economic research and analysis, the application of economic research 
findings, technical assistance to existing and developing cooperatives, 
education on cooperatives, and statistical information pertaining to 
cooperatives as authorized by the Agricultural Marketing Act of 1946 (7 
U.S.C. 1621-1627).
    (xiv) Work with institutions and international organizations 
throughout the world on subjects related to the development and 
operation of agricultural cooperatives. Such work may be carried out by:
    (A) Exchanging materials and results with such institutions or 
organizations;
    (B) Engaging in joint or coordinated activities; or

[[Page 150]]

    (C) Stationing representatives at such institutions or organizations 
in foreign countries (7 U.S.C. 3291).
    (xv) Administer in rural areas the process of designation, provision 
of monitoring and oversight, and provision of technical assistance for 
Empowerment Zones and Enterprise Communities pursuant to section 13301 
of Public Law 103-66, Omnibus Budget Reconciliation Act of 1993 (26 
U.S.C. 1391 et seq.)
    (xvi) Work with Federal agencies in encouraging the creation of 
local rural community development organizations. Within a State, assist 
other Federal agencies in developing means for extending their services 
effectively to rural areas and in designating pilot projects in rural 
areas (7 U.S.C. 2204).
    (xvii) Conduct assessments to determine how programs of the 
Department can be brought to bear on the economic development problems 
of a State or local area and assure that local groups are receiving 
adequate and effective technical assistance from Federal agencies or 
from local and State governments in formulating development programs and 
in carrying out planned development activities (7 U.S.C. 2204b).
    (xviii) Develop a process through which State, sub-state and local 
rural development needs, goals, objectives, plans, and recommendations 
can be received and assessed on a continuing basis (7 U.S.C. 2204b).
    (xix) Prepare local or area-wide rural development strategies based 
on the needs, goals, objectives, plans and recommendations of local 
communities, sub-state areas and States (7 U.S.C. 2204b).
    (xx) Develop a system of outreach in the State or local area to 
promote rural development and provide for the publication and 
dissemination of information, through multi-media methods, relating to 
rural development. Advise local rural development organizations of 
availability of Federal programs and the type of assistance available, 
and assist in making contact with Federal program (7 U.S.C. 2204; 7 
U.S.C. 2204b).
    (xxi) Administer the Value-Added Agricultural Product Market 
Development Grant program (note to 7 U.S.C. 1621).
    (xxii) Administer the Agriculture Innovation Center Demonstration 
program (note to 7 U.S.C. 1621).
    (xxiii) Administer the renewable energy programs authorized in 
sections 9003, 9004, 9005, 9007, and 9009 of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 8103, 8104, 8105, 8107, and 8109).
    (xxiv) 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)).
    (xxv) In coordination with the Assistant Secretary for 
Administration, issue receipts under section 2501A(e) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1(e)).
    (22) Related to rural housing. (i) Administer the following under 
the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1921 et 
seq.):
    (A) Section 306 (7 U.S.C. 1926), except with respect to financing 
for water and waste disposal facilities; or loans for rural 
electrification or telephone systems or facilities other than 
hydroelectric generating and related distribution systems and 
supplemental and supporting structures if they are eligible for Rural 
Utilities Service financing; and financing for grazing facilities and 
irrigation and drainage facilities; and subsection 306(a)(11).
    (B) Section 309A (7 U.S.C. 1929a), regarding assets and programs 
relating to community facilities.
    (C) Administrative Provisions of subtitle D of the Consolidated Farm 
and Rural Development Act relating to rural housing activities.
    (D) Section 379 (7 U.S.C. 2008n) relating to the Rural Telework 
program;
    (E) Section 379A (7 U.S.C. 2008o) relating to the Historic Barn 
Preservation program; and
    (F) Section 379C (7 U.S.C. 2008q) relating to the Farm Workers 
Training Grant program.
    (ii) Administer title V of the Housing Act of 1949 (42 U.S.C. 1471 
et seq.), except those functions pertaining to research.
    (iii) [Reserved]
    (iv) Administer the Rural Housing Disaster Program under sections 
232, 234, and 253 of the Disaster Relief Act of 1970 (Pub. L. No. 91-
606).

[[Page 151]]

    (v) Exercise all authority and discretion vested in the Secretary by 
section 510(d) of the Housing Act of 1949, as amended by section 1045 of 
the Stewart B. McKinney Homeless Assistance Amendments Act of 1988, Pub. 
L. 100-628 (42 U.S.C. 1480(d)), including the following:
    (A) Determine, with the concurrence of the General Counsel, which 
actions are to be referred to the Department of Justice for the conduct 
of litigation, and refer such actions to the Department of Justice 
through the General Counsel;
    (B) Determine, with the concurrence of the General Counsel, which 
actions are to be referred to the General Counsel for the conduct of 
litigation and refer such actions; and
    (C) Enter into contracts with private sector attorneys for the 
conduct of litigation, with the concurrence of the General Counsel, 
after determining that the attorneys will provide competent and cost 
effective representation for the Rural Housing Service and 
representation by the attorney will either accelerate the process by 
which a family or person eligible for assistance under section 502 of 
the Housing Act of 1949 will be able to purchase and occupy the housing 
involved, or preserve the quality of the housing involved.
    (vi) Administer the Rural Firefighters and Emergency Personnel Grant 
program (7 U.S.C. 2655).
    (vii) 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)).
    (viii) In coordination with the Assistant Secretary for 
Administration, issue receipts under section 2501A(e) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1(e)).
    (23) Related to hazardous materials management. (i) Serve on the 
USDA Hazardous Materials Policy Council.
    (ii) Recommend actions and policies that enable USDA agencies under 
his or her authority to comply with the intent, purposes, and standards 
of environmental laws for pollution prevention, control, and abatement.
    (iii) Consult with the United States Environmental Protection Agency 
and other appropriate Federal agencies in developing pollution 
prevention, control, and abatement policies and programs relating to 
agencies under his or her authority.
    (iv) Recommend actions and policies of the loan and grant programs 
under his or her authority concerning compliance with the Asset 
Conservation, Lender Liability, and Deposit Insurance Protection Act of 
1996, Subtitle E of Public Law No. 104-208.
    (24)-(25) [Reserved]
    (26) Related cooperative agreements. Enter into cooperative 
agreements with other Federal agencies, State and local governments, and 
any other organizations or individuals to improve the coordination and 
effectiveness of Federal programs, services, and actions affecting rural 
areas, including the establishment and financing of interagency groups, 
as long as the objectives of the agreement will serve the mutual 
interest of the parties in rural development activities (7 U.S.C. 
2204b(b)(4)).
    (27) Exercise the authority in section 10101 of the Disaster Relief 
and Recovery Supplemental Appropriations Act, 2008, Public Law 110-329, 
div. B., regarding the Rural Development Disaster Assistance Fund.
    (28) Prepare and submit the report required by section 6018(b) of 
the Food, Conservation, and Energy Act of 2008, Public Law 110-246.
    (29) Implement section 14218 of the Food, Conservation, and Energy 
Act of 2008 (7 U.S.C. 6941a).
    (b) The following authority is reserved to the Secretary of 
Agriculture:
    (1) Related to rural business-cooperative. Submission to the 
Congress of the report required pursuant to section 1469 of Pub. L. No. 
101-624.
    (2) [Reserved]

[60 FR 56393, Nov. 8, 1995, as amended at 65 FR 12427, Mar. 9, 2000; 66 
FR 31107, June 11, 2001; 68 FR 27436, May 20, 2003; 74 FR 3402, Jan. 21, 
2009; 75 FR 43368, July 23, 2010]



Sec. 2.18  Under Secretary for Food Safety.

    (a) The following delegations of authority are made by the Secretary 
of Agriculture to the Under Secretary for Food Safety:
    (1) Related to food safety and inspection. (i) Exercise the 
functions of the

[[Page 152]]

Secretary of Agriculture contained in the Agricultural Marketing Act of 
1946, as amended (7 U.S.C. 1621-1627), relating to voluntary inspection 
of poultry and edible products thereof; voluntary inspection and 
certification of technical animal fat; certified products for dogs, 
cats, and other carnivora; voluntary inspection of rabbits and edible 
products thereof; and voluntary inspection and certification of edible 
meat and other products.
    (ii) Exercise the functions of the Secretary of Agriculture 
contained in the following legislation:
    (A) Poultry Products Inspection Act, as amended (21 U.S.C. 451-470, 
472);
    (B) Federal Meat Inspection Act, as amended, and related 
legislation, excluding so much of section 18 as pertains to issuance of 
certificates of condition of live animals intended and offered for 
export (21 U.S.C. 601-613, 615-624, 641-645, 661, 671-680, 683, 691-692, 
694-695);
    (C) Egg Products Inspection Act, except for the Shell Egg 
Surveillance Program, voluntary laboratory analyses of egg products, and 
the Voluntary Egg Grading Program (21 U.S.C. 1031-1056);
    (D) Talmadge-Aiken Act (7 U.S.C. 450) with respect to cooperation 
with States in administration of the Federal Meat Inspection Act and the 
Poultry Products Inspection Act;
    (E) Humane Slaughter Act (7 U.S.C. 1901-1906);
    (F) National Laboratory Accreditation Program (7 U.S.C. 138-138i) 
with respect to laboratories accredited only for pesticide residue 
analysis in meat and poultry products;
    (G) Administer and conduct a Food Safety Research Program (7 U.S.C. 
427); and
    (H) Conduct an education program regarding the availability and 
safety of processes and treatments that eliminate or substantially 
reduce the level of pathogens on meat, meat food products, poultry, and 
poultry products (21 U.S.C. 679b).
    (iii) Coordinate with the Assistant Secretary for Marketing and 
Regulatory Programs the administration of programs relating to human 
pathogen reduction (such as salmonella enteritidis) pursuant to section 
2 of the Act of February 2, 1903, as amended (21 U.S.C. 111), and 
sections 4 and 5 of the Act of May 29, 1884, as amended (21 U.S.C. 120).
    (iv) Enter into contracts, grants, or cooperative agreements to 
further research programs in the agricultural sciences (7 U.S.C. 3318).
    (2) Related to committee management. Establish and reestablish 
regional, State, and local advisory committees for activities under his 
or her authority. This authority may not be redelegated.
    (3) Related to defense and emergency preparedness. Administer 
responsibilities and functions assigned under the Defense Production Act 
of 1950, as amended (50 U.S.C. App. 2061 et seq.), and title VI of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5195 et seq.), concerning the wholesomeness of meat and poultry 
and products thereof and inspection of eggs and egg products.
    (4) Related to biotechnology. Coordinate the development and 
carrying out by Department agencies of all matters and functions 
pertaining to the Department's regulation of biotechnology as they may 
affect the safety of meat, poultry or egg products.
    (5) Related to environmental response. With respect to land and 
facilities under his or her authority, exercise the functions delegated 
to the Secretary by Executive Order 12580, 3 CFR, 1987 Comp., p. 193, 
under the following provisions of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (``the Act''), as 
amended:
    (i) Sections 104 (a), (b), and (c)(4) of the Act (42 U.S.C. 9604 
(a), (b), and (c)(4)), with respect to removal and remedial actions in 
the event of release or threatened release of a hazardous substance, 
pollutant, or contaminant into the environment;
    (ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with 
respect to information gathering and access requests and orders; 
compliance with Federal health and safety standards and wage and labor 
standards applicable to covered work; and emergency procurement powers;
    (iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with 
respect to the

[[Page 153]]

reduction of exposure to significant risk to human health;
    (iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to 
the acquisition of real property and interests in real property required 
to conduct a remedial action;
    (v) The first two sentences of section 105(d) of the Act (42 U.S.C. 
9605(d)), with respect to petitions for preliminary assessment of a 
release or threatened release;
    (vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to 
consideration of the availability of qualified minority firms in 
awarding contracts, but excluding that portion of section 105(f) 
pertaining to the annual report to Congress;
    (vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the 
assessment of civil penalties for violations of section 122 of the Act 
(42 U.S.C. 9622), and the granting of awards to individuals providing 
information;
    (viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect 
to the designation of officials who may obligate money in the Hazardous 
Substances Superfund;
    (ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to 
establishing an administrative record upon which to base the selection 
of a response action and identifying and notifying potentially 
responsible parties;
    (x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to 
preliminary assessment and site inspection of facilities;
    (xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and (c)), 
with respect to public participation in the preparation of any plan for 
remedial action and explanation of variances from the final remedial 
action plan for any remedial action or enforcement action, including any 
settlement or consent decree entered into;
    (xii) Section 119 of the Act (42 U.S.C. 9119), with respect to 
indemnifying response action contractors;
    (xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to 
cleanup standards; and
    (xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to 
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C. 
9622(b)(1)), related to mixed funding agreements.
    (6) Related to compliance with environmental laws. With respect to 
facilities and activities under his or her authority, to exercise the 
authority of the Secretary of Agriculture pursuant to section 1-102 
related to compliance with applicable pollution control standards and 
section 1-601 of Executive Order 12088, 3 CFR, 1978 Comp., p. 243, to 
enter into an inter-agency agreement with the United States 
Environmental Protection Agency, or an administrative consent order or a 
consent judgment in an appropriate State, interstate, or local agency, 
containing a plan and schedule to achieve and maintain compliance with 
applicable pollution control standards established pursuant to the 
following:
    (i) Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act, as further amended by the Hazardous and 
Solid Waste Amendments, and the Federal Facility Compliance Act (42 
U.S.C. 6901 et seq.);
    (ii) Federal Water Pollution Prevention and Control Act, as amended 
(33 U.S.C. 1251 et seq.);
    (iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.);
    (iv) Clean Air Act, as amended (42 U.S.C. 7401 et seq.);
    (v) Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq.);
    (vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601 et 
seq.);
    (vii) Federal Insecticide, Fungicide, and Rodenticide Act, as 
amended (7 U.S.C. 136 et seq.); and
    (viii) Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended by the Superfund Amendments and 
Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.).
    (7) Related to hazardous materials management. (i) Serve on the USDA 
Hazardous Materials Policy Council.
    (ii) Recommend actions and policies that enable the USDA agency 
under his or her authority to comply with the intent, purposes, and 
standards of environmental laws for pollution prevention, control, and 
abatement.
    (iii) Consult with the United States Environmental Protection Agency 
and other appropriate Federal agencies in

[[Page 154]]

developing pollution prevention, control, and abatement policies and 
programs relating to agencies under his or her authority.
    (iv) Exercise primary responsibility to regulate drug, pesticide, 
and environmental contaminants in food products as covered by the 
Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 
U.S.C. 136 et seq.), including the Food Quality Protection Act of 1996, 
Public Law 104-170, and the Toxic Substances Control Act, as amended (15 
U.S.C. 2601 et seq.), as implemented by the Food Safety and Inspection 
Service through a Memorandum of Understanding with the United States 
Department of Health and Human Services, Food and Drug Administration, 
and the United States Environmental Protection Agency.

[60 FR 56393, Nov. 8, 1995, as amended at 65 FR 12428, Mar. 9, 2000; 68 
FR 27436, May 20, 2003; 74 FR 3402, Jan. 21, 2009]



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

    (a) The following delegations of authority are made by the Secretary 
of Agriculture to the Under Secretary for Food, Nutrition, and Consumer 
Services:
    (1) Related to food and nutrition. (i) Administer the following 
legislation:
    (A) The Food and Nutrition Act of 2008, as amended (7 U.S.C. 2011-
2036), except for section 25, regarding assistance for community food 
projects.
    (B) Richard B. Russell National School Lunch Act, as amended (42 
U.S.C. 1751-1769i), except procurement of agricultural commodities and 
other foods under section 6 thereof.
    (C) Child Nutrition Act of 1966, as amended (42 U.S.C. 1771-1790).
    (D) Sections 933-939 of the Food, Agriculture, Conservation, and 
Trade Act Amendments of 1991 (7 U.S.C. 5930 note).
    (E) Section 301 of the Healthy Meals for Healthy Americans Act of 
1994 (Pub. L. 103-448).
    (F) Section 4402 of the Farm Security and Rural Investment Act of 
2002 (7 U.S.C. 3007).
    (G) Section 4403 of the Farm Security and Rural Investment Act of 
2002 (7 U.S.C. 3171 note).
    (H) Section 4404 of the Farm Security and Rural Investment Act of 
2002 (2 U.S.C. 1161).
    (I) Section 4142 of the Food, Conservation, and Energy Act of 2008 
(Pub. L. 110-246).
    (J) Section 4301 of the Food, Conservation, and Energy Act of 2008 
(42 U.S.C. 1758a).
    (K) Section 4305 of the Food, Conservation, and Energy Act of 2008 
(42 U.S.C. 1755a).
    (L) Section 4307 of the Food, Conservation, and Energy Act of 2008 
(Pub. L. 110-246).
    (M) Section 4405 of the Food, Conservation, and Energy Act of 2008 
(7 U.S.C. 7517).
    (ii) Administer those functions relating to the distribution and 
donation of agricultural commodities and products thereof under the 
following legislation:
    (A) Clause (3) of section 416(a) of the Agricultural Act of 1949, as 
amended (7 U.S.C. 1431(a)), except the estimate and announcement of the 
types and varieties of food commodities, and the quantities thereof, to 
become available for distribution thereunder;
    (B) Section 709 of the Food and Agriculture Act of 1965, as amended 
(7 U.S.C. 1446a-1);
    (C) Section 32 of the Act of August 24, 1935, as amended (7 U.S.C. 
612c), as supplemented by the Act of June 28, 1937, as amended (15 
U.S.C. 713c), and related legislation;
    (D) Section 9 of the Act of September 6, 1958, as amended (7 U.S.C. 
1431b);
    (E) Section 210 of the Agricultural Act of 1956 (7 U.S.C. 1859), 
except with respect to donations to Federal penal and correctional 
institutions;
    (F) [Reserved]
    (G) Section 311 of the Older Americans Act of 1965, as amended (42 
U.S.C. 3030a);
    (H) Sections 412 and 413(b) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5179, 5180(b));
    (I) Sections 4 and 5 of the Agriculture and Consumer Protection Act 
of 1973, as amended (7 U.S.C. 612c note);
    (J) Section 1114 of the Agriculture and Food Act of 1981, as amended 
(7 U.S.C. 1431e);
    (K) Section 1336 of the Agriculture and Food Act of 1981 (Pub. L. 
97-98);

[[Page 155]]

    (L) Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note);
    (M) Sections 3(b)-(i), 3A and 4 of the Commodity Distribution Reform 
Act and WIC Amendments of 1987 (7 U.S.C. 612c note); and
    (N) Section 110 of the Hunger Prevention Act of 1988 (7 U.S.C. 612c 
note).
    (iii) Administer those functions relating to the distribution of 
supplemental nutrition assistance program benefits under section 412 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5179).
    (iv) In connection with the functions assigned in paragraphs 
(a)(1)(i), (ii) and (iii) of this section, relating to the distribution 
and donation of agricultural commodities and products thereof and 
supplemental nutrition assistance program benefits to eligible 
recipients, authority to determine the requirements for such 
agricultural commodities and products thereof and supplemental nutrition 
assistance program benefits to be so distributed.
    (v) Develop food plans for use in establishing supplemental 
nutrition assistance benefit levels, and assess the nutritional impact 
of Federal food programs.
    (vi) Administer those functions under title IV of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
1612) relating to the eligibility of aliens for benefits under the 
domestic food assistance programs.
    (2) Related to consumer advice. (i) Develop and implement USDA 
policy and procedural guidelines for carrying out the Department's 
Consumer Affairs Plan.
    (ii) Advise the Secretary and other policy level officials of the 
Department on consumer affairs policies and programs.
    (iii) Coordinate USDA consumer affairs activities and monitor and 
analyze agency procedures and performance.
    (iv) Represent the Department at conferences, meetings and other 
contacts where consumer affairs issues are discussed, including liaison 
with the White House and other governmental agencies and departments.
    (v) Work with the Office of Budget and Program Analysis and the 
Office of Communications to ensure coordination of USDA consumer affairs 
and public participation programs, policies and information, and to 
prevent duplication of responsibilities.
    (vi) Serve as a consumer ombudsman and communication link between 
consumers and the Department.
    (vii) Approve the designation of agency Consumer Affairs Contacts.
    (3) Related to human nutrition information. (i) Develop techniques 
and equipment to assist consumers in the home and in institutions in 
selecting food that supplies a nutritionally adequate diet.
    (ii) Develop family food plans at different costs for use as 
standards by families of different sizes, sex-age composition, and 
economic levels.
    (iii) Develop suitable and safe preparation and management 
procedures to retain nutritional and eating qualities of food served in 
homes and institutions.
    (iv) Develop materials to aid the public in meeting dietary needs, 
with emphasis on food selection for good nutrition and appropriate cost, 
and food preparation to avoid waste, maximize nutrient retention, 
minimize food safety hazards, and conserve energy.
    (v) Develop food plans for use in establishing food stamp benefit 
levels, and assess the nutritional impact of Federal food programs.
    (vi) Coordinate nutrition education promotion and professional 
education projects within the Department.
    (vii) Analyze data from food consumption surveys in coordination 
with the Under Secretary for Research, Education, and Economics to 
provide a basis for evaluating dietary adequacy.
    (viii) Consult with the Federal and State agencies, the Congress, 
universities, and other public and private organizations and the general 
public regarding household food consumption, individual intake, and 
dietary adequacy, and implications of the survey on public policy 
regarding food and nutrition policies (7 U.S.C. 3171-3175).
    (ix) In conjunction with the Department of Health and Human 
Services, administer section 4403 of the Food, Conservation, and Energy 
Act of 2008 (7 U.S.C. 5311a).

[[Page 156]]

    (x) Enter into contracts, grants, and cooperative agreements in 
accordance with section 1472 of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3318).
    (4) Related to committee management. Establish and reestablish 
regional, State, and local advisory committees for activities under his 
or her authority. This authority may not be redelegated.
    (5) Related to defense and emergency preparedness. Administer 
responsibilities and functions assigned under the Defense Production Act 
of 1950, as amended (50 U.S.C. App. 2061 et seq.), and title VI of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5195 et seq.), concerning food stamp assistance.
    (b) The following authority is reserved to the Secretary of 
Agriculture:
    (1) Related to food and nutrition. Authority to appoint the members 
of the National Advisory Council on Maternal, Infant, and Fetal 
Nutrition as directed in section 17(k) of the Child Nutrition Act of 
1966, as amended (42 U.S.C. 1786(k)).
    (2) [Reserved]

[60 FR 56393, Nov. 8, 1995, as amended at 68 FR 27436, May 20, 2003; 74 
FR 3402, Jan. 21, 2009]



Sec. 2.20  Under Secretary for Natural Resources and Environment.

    (a) The following delegations of authority are made by the Secretary 
of Agriculture to the Under Secretary for Natural Resources and 
Environment:
    (1) Related to environmental quality. (i) Administer the 
implementation of the National Environmental Policy Act for the United 
States Department of Agriculture (USDA).
    (ii) Represent USDA on Regional Response Teams on hazardous spills 
and oil spills pursuant to the Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.), 
the Clean Water Act, as amended (33 U.S.C. 1251 et seq.), the Oil 
Pollution Act (OPA), as amended (33 U.S.C. 2701 et seq.), Executive 
Order 12580, 3 CFR, 1987 Comp., p. 193, Executive Order 12777, 3 CFR, 
1991 Comp., p. 351, and the National Contingency Plan, 40 CFR part 300.
    (iii) Represent USDA in contacts with the United States 
Environmental Protection Agency, the Council on Environmental Quality, 
and other organizations or agencies on matters related to assigned 
responsibilities.
    (iv) Formulate and promulgate USDA policy relating to environmental 
activity and natural resources.
    (v) Provide staff support for the Secretary in the review of 
environmental impact statements.
    (vi) Provide leadership in USDA for general land use activities 
including implementation of Executive Order 11988, Flood Plain 
Management, 3 CFR, 1977 Comp., p. 117, and Executive Order 11990, 
Protection of Wetlands, 3 CFR, 1977 Comp., p. 121.
    (vii) Take such action as may be necessary, including issuance of 
administrative orders, and enter into agreements with any person to 
perform any response action under sections 106(a) and 122 (except 
subsection (b)(1)) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9606(a), 
9622), pursuant to sections 4(c)(3) and 4(d)(3) of Executive Order No. 
12580, as amended by Executive Order No. 13016, to be exercised only 
with the concurrence of the General Counsel.
    (viii) Exercise the functions of the Secretary of Agriculture 
authorized in Title V of the Department of the Interior and Related 
Agencies Appropriations Act of 1998, Pub. L. 105-83, relating to the 
acquisition of the New World Mine and other priority land acquisitions, 
land exchanges, and other activities.
    (ix) Serve on the USDA Hazardous Materials Policy Council.
    (x) Recommend actions and policies that enable agencies under his or 
her authority to comply with the intent, purposes, and standards of 
environmental laws for pollution prevention, control, and abatement.
    (xi) Consult with the United States Environmental Protection Agency 
and other appropriate Federal agencies in developing pollution 
prevention, control, and abatement policies and programs relating to 
agencies under his or her authority.

[[Page 157]]

    (2) Related to forestry. (i) Provide national leadership in 
forestry. (As used here and elsewhere in this section, the term 
``forestry'' encompasses renewable and nonrenewable resources of 
forests, including lands governed by the Alaska National Interest Lands 
Conservation Act, forest-related rangeland, grassland, brushland, 
woodland, and alpine areas including but not limited to recreation, 
range, timber, minerals, watershed, wildlife and fish; natural scenic, 
scientific, cultural, and historic values of forests and related lands; 
and derivative values such as economic strength and social well-being).
    (ii) Protect, manage, and administer the national forests, national 
forest purchase units, national grasslands, and other lands and 
interests in lands administered by the Forest Service, which 
collectively are designated as the National Forest System. This 
delegation covers the acquisition and disposition of lands and interests 
in lands as may be authorized for the protection, management, and 
administration of the National Forest System, including the authority to 
approve acquisition of land under the Weeks Act of March 1, 1911, as 
amended (16 U.S.C. 521), and special forest receipts acts, as follows: 
(Pub. L. 337, 74th Cong., 49 Stat. 866, as amended by Pub. L. 310, 78th 
Cong., 58 Stat. 227; Pub. L. 505, 75th Cong., 52 Stat. 347, as amended 
by Pub. L. 310, 78th Cong., 58 Stat. 227; Pub. L. 634, 75th Cong., 52 
Stat. 699, as amended by Pub. L. 310, 78th Cong., 58 Stat. 227; Pub. L. 
748, 75th Cong., 52 Stat. 1205, as amended by Pub. L. 310, 78th Cong., 
58 Stat. 227; Pub. L. 427, 76th Cong., 54 Stat. 46; Pub. L. 589, 76th 
Cong., 54 Stat. 297; Pub. L. 591, 76th Cong., 54 Stat. 299; Pub. L. 637, 
76th Cong., 54 Stat. 402; Pub. L. 781, 84th Cong., 70 Stat. 632).
    (iii) As necessary for administrative purposes, divide into and 
designate as national forests any lands of 3,000 acres or more which are 
acquired under or subject to the Weeks Act of March 1, 1911, as amended, 
and which are contiguous to existing national forest boundaries 
established under the authority of the Weeks Act.
    (iv) Plan and administer wildlife and fish conservation 
rehabilitation and habitat management programs on National Forest System 
lands, pursuant to 16 U.S.C. 670g, 670h, and 670o.
    (v) For the purposes of the National Forest System Drug Control Act 
of 1986 (16 U.S.C. 559b-f), specifically designate certain specially 
trained officers and employees of the Forest Service, not exceeding 500, 
to have authority in the performance of their duties within the 
boundaries of the National Forest System:
    (A) To carry firearms;
    (B) To enforce and conduct investigations of violations of section 
401 of the Controlled Substance Act (21 U.S.C. 841) and other criminal 
violations relating to marijuana and other controlled substances that 
are manufactured, distributed, or dispensed on National Forest System 
lands;
    (C) To make arrests with a warrant or process for misdemeanor 
violations, or without a warrant for violations of such misdemeanors 
that any such officer or employee has probable cause to believe are 
being committed in that employee's presence or view, or for a felony 
with a warrant or without a warrant if that employee has probable cause 
to believe that the person being arrested has committed or is committing 
such a felony;
    (D) To serve warrants and other process issued by a court or officer 
of competent jurisdiction;
    (E) To search, with or without a warrant or process, any person, 
place, or conveyance according to Federal law or rule of law; and
    (F) To seize, with or without warrant or process, any evidentiary 
item according to Federal law or rule of law.
    (vi) Authorize the Forest Service to cooperate with the law 
enforcement officials of any Federal agency, State, or political 
subdivision, in the investigation of violations of, and enforcement of, 
section 401 of the Controlled Substances Act (21 U.S.C. 841), other laws 
and regulations relating to marijuana and other controlled substances, 
and State drug control laws or ordinances, within the boundaries of the 
National Forest System.
    (vii) Administer programs under section 23 of the Federal Highway 
Act (23 U.S.C. 101(a), 120(f), 125(a)-(c), 138, 202(a)-(b), 203, 204(a)-
(h), 205(a)-(d), 211, 317, 402(a)).

[[Page 158]]

    (viii) Exercise the administrative appeal functions of the Secretary 
of Agriculture in review of decisions of the Chief of the Forest Service 
pursuant to 36 CFR parts 215 and 217 and 36 CFR part 251, subpart C.
    (ix) Conduct, support, and cooperate in investigations, experiments, 
tests, and other activities deemed necessary to obtain, analyze, 
develop, demonstrate, and disseminate scientific information about 
protecting, managing, and utilizing forest and rangeland renewable 
resources in rural, suburban, and urban areas in the United States and 
foreign countries. The activities conducted, supported, or cooperated in 
shall include, but not be limited to: renewable resource management 
research, renewable resource environmental research; renewable resource 
protection research; renewable resource utilization research, and 
renewable resource assessment research (16 U.S.C. 1641-1647).
    (x) Use authorities and means available to disseminate the knowledge 
and technology developed from forestry research (16 U.S.C. 1645).
    (xi) Coordinate activities with other agencies in USDA, other 
Federal and State agencies, forestry schools, and private entities and 
individuals (16 U.S.C. 1643).
    (xii) Enter into contracts, grants, and cooperative agreements for 
the support of scientific research in forestry activities (7 U.S.C. 
427i(a), 1624; 16 U.S.C. 582a-8, 1643-1645, 1649).
    (xiii) Enter into cooperative research and development agreements 
with industry, universities, and others; institute a cash award program 
to reward scientific, engineering, and technical personnel; award 
royalties to inventors; and retain and use royalty income (15 U.S.C. 
3710a-3710c).
    (xiv) Enter into contracts, grants, or cooperative agreements to 
further research, extension, or teaching programs in the food and 
agricultural sciences (7 U.S.C. 3152, 3318).
    (xv) Enter into cost-reimbursable agreements relating to 
agricultural research, extension, or teaching activities (7 U.S.C. 
3319a).
    (xvi) Administer programs of cooperative forestry assistance in the 
protection, conservation, and multiple resource management of forests 
and related resources in both rural and urban areas and forest lands in 
foreign countries (16 U.S.C. 2101-2114).
    (xvii) Provide assistance to States and other units of government in 
forest resources planning and forestry rural revitalization (7 U.S.C. 
6601, 6611-6617; 16 U.S.C. 2107).
    (xviii) Conduct a program of technology implementation for State 
forestry personnel, private forest landowners and managers, vendors, 
forest operators, public agencies, and individuals (16 U.S.C. 2107).
    (xix) Administer Rural Fire Protection and Control Programs (16 
U.S.C. 2106).
    (xx) Provide technical assistance on forestry technology or the 
implementation of the Conservation Reserve and Softwood Timber Programs 
authorized in sections 1231-1244 and 1254 of the Food Security Act of 
1985 (16 U.S.C. 3831-3844; 7 U.S.C. 1981 note).
    (xxi) Administer forest insect, disease, and other pest management 
programs (16 U.S.C. 2104).
    (xxii) Exercise the custodial functions of the Secretary for lands 
and interests in lands under lease or contract of sale to States and 
local agencies pursuant to title III of the Bankhead-Jones Farm Tenant 
Act and administer reserved and reversionary interests in lands conveyed 
under that Act (7 U.S.C. 1010-1012).
    (xxiii) Under such general program criteria and procedures as may be 
established by the Natural Resources Conservation Service:
    (A) Administer the forestry aspects of the programs listed in 
paragraphs (a)(2)(xxiii)(A)(1), (2) and (3) of this section on the 
National Forest System, rangelands with national forest boundaries, 
adjacent rangelands which are administered under formal agreement, and 
other forest lands;
    (1) The cooperative river basin surveys and investigations program 
(16 U.S.C. 1006);
    (2) The Eleven Authorized Watershed Improvement Programs and 
Emergency Flood Prevention Measures Program under the Flood Control Act 
(33 U.S.C. 701b-1); and
    (3) The Small Watershed Protection Program under the Pilot Watershed

[[Page 159]]

Protection and Watershed Protection and Flood Prevention Acts (7 U.S.C. 
701a-h; 16 U.S.C. 1001-1009); and
    (B) Exercise responsibility in connection with the forestry aspects 
of the Resource Conservation and Development Program authorized by title 
III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(e)).
    (xxiv) Provide assistance to the Farm Service Agency in connection 
with the Agricultural Conservation Program, the Naval Stores 
Conservation Program, and the Cropland Conversion Program (16 U.S.C. 
590g-q).
    (xxv) Provide assistance to the Rural Housing Service in connection 
with grants and loans under authority of section 303 of the Consolidated 
Farm and Rural Development Act, 7 U.S.C. 1923; and consultation with the 
Department of Housing and Urban Development under the authority of 40 
U.S.C. 461(e).
    (xxvi) Coordinate mapping work of USDA including:
    (A) Clearing mapping projects to prevent duplication;
    (B) Keeping a record of mapping done by USDA agencies;
    (C) Preparing and submitting required USDA reports;
    (D) Serving as liaison on mapping with the Office of Management and 
Budget, Department of Interior, and other departments and 
establishments;
    (E) Promoting interchange of technical mapping information, 
including techniques which may reduce costs or improve quality; and
    (F) Maintaining the mapping records formerly maintained by the 
Office of Operations.
    (xxvii) Administer the radio frequency licensing work of USDA, 
including:
    (A) Representing USDA on the Interdepartmental Radio Advisory 
Committee and its Frequency Assignment Subcommittee of the National 
Telecommunications and Information Administration, Department of 
Commerce;
    (B) Establishing policies, standards, and procedures for allotting 
and assigning frequencies within USDA and for obtaining effective 
utilization of them;
    (C) Providing licensing action necessary to assign radio frequencies 
for use by the agencies of USDA and maintenance of the records necessary 
in connection therewith;
    (D) Providing inspection of USDA's radio operations to ensure 
compliance with national and international regulations and policies for 
radio frequency use; and
    (E) Representing USDA in all matters relating to responsibilities 
and authorities under the Federal Water Power Act, as amended (16 U.S.C. 
791-823).
    (xxviii) [Reserved]
    (xxix) Administer the Youth Conservation Corps Act (42 U.S.C. 
precede 2711 note) for USDA.
    (xxx) Establish and operate the Job Corps Civilian Conservation 
Centers on National Forest System lands as authorized by title I, 
sections 106 and 107 of the Economic Opportunity Act of 1964 (42 U.S.C. 
2716-2717), in accordance with the terms of an agreement dated May 11, 
1967, between the Secretary of Agriculture and the Secretary of Labor; 
and administration of other cooperative manpower training and work 
experience programs where the Forest Service serves as host or prime 
sponsor with other Departments of Federal, State, or local governments.
    (xxxi) Administer the Volunteers in the National Forests Act of 1972 
(16 U.S.C. 558a-558d, 558a note).
    (xxxii) Exercise the functions of the Secretary of Agriculture 
authorized in the Alaska National Interest Lands Conservation Act (16 
U.S.C. 3101-3215).
    (xxxiii) Exercise the functions of the Secretary as authorized in 
the Wild and Scenic Rivers Act (16 U.S.C. 1271-1278).
    (xxxiv) Jointly administer gypsy moth eradication activities with 
the Assistant Secretary for Marketing and Regulatory Programs, under the 
authority of section 102 of the Organic Act of 1944, as amended; and the 
Act of April 6, 1937, as amended (7 U.S.C. 147a, 148, 148a-148e); and 
the Talmadge Aiken Act (7 U.S.C. 450), by assuming primary 
responsibility for treating isolated gypsy moth infestations on Federal 
lands, and on State and private lands contiguous to infested Federal 
lands,

[[Page 160]]

and any other infestations over 640 acres on State and private lands.
    (xxxv) Exercise the functions of the Secretary authorized in the 
Federal Onshore Oil and Gas Leasing Reform Act of 1987 (30 U.S.C. 226 et 
seq.).
    (xxxvi) Administer the Public Lands Corps program (16 U.S.C. 1721 et 
seq.) for USDA consistent with the Department's overall national service 
program.
    (xxxvii) Jointly administer the Forestry Incentives Program with the 
Natural Resources Conservation Service, in consultation with State 
Foresters, under section 4 of the Cooperative Forestry Assistance Act of 
1978 (16 U.S.C. 2103).
    (xxxviii) Focusing on countries that could have a substantial impact 
on global warming, provide assistance that promotes sustainable 
development and global environmental stability; share technical, 
managerial, extension, and administrative skills; provide education and 
training opportunities; engage in scientific exchange; and cooperate 
with domestic and international organizations that further international 
programs for the management and protection of forests, rangelands, 
wildlife, fisheries and related natural resources (16 U.S.C. 4501-4505).
    (xxxix) Enter into pilot projects with the Bureau of Land Management 
(BLM), U.S. Department of the Interior, in support of the Service First 
initiative for the purpose of promoting customer service and efficiency 
in managing National Forest System lands and public lands and delegate 
to BLM employees those Forest Service authorities necessary to carry out 
pilot projects (Public Law 106-291).
    (xl) At the request of the Director, Homeland Security Staff 
(Director), designate law enforcement personnel of the Forest Service to 
assist the Director in providing for the personal security for the 
Secretary and the Deputy Secretary in the National Forest System.
    (xli) Implement the information disclosure authorities of section 
1619(b)(3)(A) of the Food, Conservation, and Energy Act of 2008 (7 
U.S.C. 8791(b)(3)(A)).
    (xlii) Administer a program for providing loans to eligible units of 
local government to finance the purchase of equipment to monitor, 
remove, dispose of, and replace infested trees located under their 
jurisdiction and within the borders of quarantined areas (16 U.S.C. 
2104a).
    (xliii) Conduct a competitive research and development program to 
encourage the use of forest biomass for energy (7 U.S.C. 8112).
    (xliv) Administer the community wood energy program providing grants 
for community wood energy plans and energy systems (7 U.S.C. 8113).
    (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 Pub. L. No. 46, 74th Congress, as amended, and related laws (16 
U.S.C. 590 a-f, i-l,

[[Page 161]]

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

[[Page 162]]

1011; and 16 U.S.C. 3451-3461, except for responsibilities assigned to 
the Under Secretary for Rural Economic and Community Development.
    (vii) Responsibility for entering into long-term contracts for 
carrying out conservation and environmental measures in watershed areas.
    (viii) Provide national leadership for and administer the Soil and 
Water Resources Conservation Act of 1977 (16 U.S.C. 2001 et seq.).
    (ix) Administer the Rural Clean Water Program and other 
responsibilities assigned under section 35 of the Clean Water Act of 
1977 (33 U.S.C. 1251 et seq.).
    (x) Monitor actions and progress of USDA in complying with Executive 
Order 11988, Flood Plain Management, 3 CFR, 1977 Comp., p. 117, and 
Executive Order 11990, Protection of Wetlands, 3 CFR, 1977 Comp., p. 
121, regarding management of floodplains and protection of wetlands; 
monitor USDA efforts on protection of important agricultural, forest and 
rangelands; and provide staff assistance to the USDA Natural Resources 
and Environment Committee.
    (xi) Administer the search and rescue operations authorized under 7 
U.S.C. 2273.
    (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).

[[Page 163]]

    (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), except for responsibilities 
assigned to the Under Secretary for Farm and Foreign Agricultural 
Services.
    (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), except for responsibilities assigned to the 
Under Secretary for Farm and Foreign Agricultural Services.
    (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) in cooperation with the Under Secretary for 
Farm and Foreign Agricultural Services.
    (R) The authority in section 1241 of the Act (16 U.S.C. 3841) to 
accept and use voluntary contributions of non-Federal funds in support 
of natural resources conservation programs under subtitle D of title XII 
of the Act with respect to authorities delegated to the Under Secretary 
for Natural Resources and Environment.
    (xiv) Approve and transmit to the Congress comprehensive river basin 
reports.
    (xv) Provide representation on the Water Resources Council and river 
basin commissions created by 42 U.S.C. 1962, and on river basin 
interagency committees.
    (xvi) 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 Natural Resources and Environment:
    (A) The equitable relief provisions of section 1613 (7 U.S.C. 7996).
    (B) The tracking of benefits under section 1614 (7 U.S.C. 7997).
    (C) The development of a plan and related report to coordinate land 
retirement and agricultural working land conservation programs under 
section 2005 (16 U.S.C. 3801 note).
    (xvii) Administer the Water Bank Program under the Water Bank Act 
(16 U.S.C. 1301 et seq.).
    (xviii) 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 Under 
Secretary for Farm and Foreign Agricultural Services.
    (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 Assistant Secretary for 
Administration, 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).
    (4) Related to committee management. Establish and reestablish 
regional, state, and local advisory committees for activities under his 
or her authority. This authority may not be redelegated.

[[Page 164]]

    (5) Related to defense and emergency preparedness. Administer 
responsibilities and functions assigned under the Defense Production Act 
of 1950, as amended (50 U.S.C. App. 2061 et seq.) and title VI of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5195 et seq.), relating to agricultural land and water, forests 
and forest products, rural fire defense, and forestry research.
    (6) Related to surface mining control and reclamation. Administer 
responsibilities and functions assigned to the Secretary of Agriculture 
under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
1201 et seq.).
    (7) Related to environmental response. (i) With respect to land and 
facilities under his or her authority, to exercise the functions 
delegated to the Secretary by Executive Order 12580, 3 CFR, 1987 Comp., 
p. 193, and Executive Order 12777, 3 CFR, 1991 Comp., p. 351, to act as 
Federal trustee for natural resources in accordance with section 107(f) 
of the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9607(f)), section 311(f)(5) of the Federal Water 
Pollution Control Act (33 U.S.C. 1321(f)(5)), and section 1006(b)(2) of 
the Oil Pollution Act of 1990 (33 U.S.C. 2706(b)(2)).
    (ii) With respect to land and facilities under his or her authority, 
to exercise the functions delegated to the Secretary by Executive Order 
12580, 3 CFR, 1987 Comp., p. 193, under the following provisions of the 
Comprehensive Environmental Response, Compensation, and Liability Act of 
1980 (``the Act''), as amended:
    (A) Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a), 
(b), and (c)(4)), with respect to removal and remedial actions in the 
event of release or threatened release of a hazardous substance, 
pollutant, or contaminant into the environment;
    (B) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with 
respect to information gathering and access requests and orders; 
compliance orders; compliance with Federal health and safety standards 
and wage and labor standards applicable to covered work; and emergency 
procurement powers;
    (C) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with 
respect to the reduction of exposure to significant risk to human 
health;
    (D) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to 
the acquisition of real property and interests in real property required 
to conduct a remedial action;
    (E) The first two sentences of section 105(d) of the Act (42 U.S.C. 
9605(d)), with respect to petitions for preliminary assessment of a 
release or threatened release;
    (F) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to 
consideration of the availability of qualified minority firms in 
awarding contracts, but excluding that portion of section 105(f) of the 
Act pertaining to the annual report to Congress;
    (G) Section 109 of the Act (42 U.S.C. 9609), with respect to the 
assessment of civil penalties for violations of section 122 of the Act 
(42 U.S.C. 9622), and the granting of awards to individuals providing 
information;
    (H) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect to 
the designation of officials who may obligate money in the Hazardous 
Substances Superfund;
    (I) Section 113(g) of the Act (42 U.S.C. 9613(g)), with respect to 
receiving notification of a natural resource trustee's intent to file 
suit;
    (J) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to 
establishing an administrative record upon which to base the selection 
of a response action and identifying and notifying potentially 
responsible parties;
    (K) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to 
preliminary assessment and site inspection of facilities;
    (L) Section 117(a) and (c) of the Act (42 U.S.C. 9617(a) and (c)), 
with respect to public participation in the preparation of any plan for 
remedial action and explanation of variances from the final remedial 
action plan for any remedial action or enforcement action, including any 
settlement or consent decree entered into;
    (M) Section 119 of the Act (42 U.S.C. 9619), with respect to 
indemnifying response action contractors;

[[Page 165]]

    (N) Section 121 of the Act (42 U.S.C. 9621), with respect to cleanup 
standards; and
    (O) Section 122 of the Act (42 U.S.C. 9622), with respect to 
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C. 
9622(b)(1)), relating to mixed funding agreements.
    (iii) With respect to land and facilities under his or her 
authority, to exercise the authority vested in the Secretary of 
Agriculture to act as the ``Federal Land Manager'' pursuant to the Clean 
Air Act, as amended (42 U.S.C. 7401 et seq.).
    (8) Related to compliance with environmental laws. With respect to 
facilities and activities under his or her authority, to exercise the 
authority of the Secretary of Agriculture pursuant to section 1-102 
related to compliance with applicable pollution control standards and 
section 1-601 of Executive Order 12088, 3 CFR, 1978 Comp., p. 243, to 
enter into an inter-agency agreement with the United States 
Environmental Protection Agency, or an administrative consent order or a 
consent judgment in an appropriate United States District Court with an 
appropriate State, interstate, or local agency, containing a plan and 
schedule to achieve and maintain compliance with applicable pollution 
control standards established pursuant to the following:
    (i) Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act, the Hazardous and Solid Waste Amendments, 
and the Federal Facility Compliance Act (42 U.S.C. 6901 et seq.);
    (ii) Federal Water Pollution Prevention and Control Act, as amended 
(33 U.S.C. 1251 et seq.);
    (iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.);
    (iv) Clean Air Act, as amended (42 U.S.C. 7401 et seq.);
    (v) Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq.);
    (vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601 et 
seq.);
    (vii) Federal Insecticide, Fungicide, and Rodenticide Act, as 
amended (7 U.S.C. 136 et seq.); and
    (viii) Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended by the Superfund Amendments and 
Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.).
    (9) Related to historic preservation. Administer the implementation 
of the National Historic Preservation Act of 1966, 16 U.S.C. 470 et 
seq., Executive Order 11593, 3 CFR, 1971-1975 Comp., p. 559, and 
regulations of the Advisory Council on Historic preservation, 36 CFR 
part 800, for the Department of Agriculture with authority to name the 
Secretary's designee to the Advisory Council on Historic Preservation.
    (b) The following authorities are reserved to the Secretary of 
Agriculture:
    (1) Related to natural resource conservation. Designation of new 
project areas in which the resource conservation and development program 
assistance will be provided.
    (2) [Reserved]

[60 FR 56393, Nov. 8, 1995, as amended at 62 FR 1031, Jan. 8, 1997; 64 
FR 32797, June 18, 1999; 64 FR 34967, June 30, 1999; 65 FR 12428, Mar. 
9, 2000; 67 FR 59135, Sept. 30, 2002; 68 FR 27437, May 20, 2003; 69 FR 
34252, June 21, 2004; 72 FR 36859, July 6, 2007; 74 FR 3403, Jan. 21, 
2009; 75 FR 43368, July 23, 2010]



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

    (a) The following delegations of authority are made by the Secretary 
of Agriculture to the Under Secretary for Research, Education, and 
Economics.
    (1) Related to science and education. (i) Direct, coordinate and 
provide national leadership and support for research, extension and 
teaching programs in the food and agricultural sciences to meet major 
needs and challenges in development of new food and fiber; food and 
agriculture viability and competitiveness in the global economy; 
enhancing economic opportunities and quality of life for rural America; 
food and agricultural system productivity and development of new crops 
and new uses; the environment and natural resources; or the promotion of 
human health and welfare pursuant to the National Agricultural Research, 
Extension, and Teaching Policy of 1977, as amended (7 U.S.C. 3101 et 
seq.).
    (ii) Provide national leadership and support for research, 
extension, and

[[Page 166]]

teaching programs in the food and agricultural sciences to carry out 
sustainable agriculture research and education; a National Plant Genetic 
Resources Program; a national agricultural weather information system; 
research regarding the production, preparation, processing, handling, 
and storage of agricultural products; a Plant and Animal Pest and 
Disease Control Program; and any other provisions pursuant to title XVI 
of the Food, Agriculture, Conservation, and Trade Act of 1990 (Pub. L. 
No. 101-624, 104 Stat. 3703), except the provisions relating to the USDA 
Graduate School in section 1669 and the provisions relating to 
alternative agricultural research and commercialization under sections 
1657-1664 (7 U.S.C. 5801 et seq.).
    (iii) Coordinate USDA policy and conduct programs relative to the 
Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 
U.S.C. 136 et seq.) and coordinate the Department's Integrated Pest 
Management Programs and the Pesticide Assessment Program (7 U.S.C. 136-
136y).
    (iv) Carry out research, technology development, technology 
transfer, and demonstration projects related to the economic feasibility 
of the manufacture and commercialization of natural rubber from plants 
containing hydrocarbons (7 U.S.C. 178-178n).
    (v) Conduct research on the control of undesirable species of honey 
bees in cooperation with specific foreign governments (7 U.S.C. 284).
    (vi) Administer the appropriation for the endowment and maintenance 
of colleges for the benefit of agriculture and the mechanical arts (7 
U.S.C. 321-326a).
    (vii) Administer teaching funds authorized by section 22 of the 
Bankhead Jones Act, as amended (7 U.S.C. 329).
    (viii) Administer a Cooperative Agricultural Extension Program in 
accordance with the Smith-Lever Act, as amended (7 U.S.C. 341-349).
    (ix) Cooperate with the States for the purpose of encouraging and 
assisting them in carrying out research related to the problems of 
agriculture in its broadest aspects under the Hatch Act, as amended (7 
U.S.C. 361a-361i).
    (x) Evaluate, assess, and report to congressional agriculture 
committees on the merits of proposals for agricultural research 
facilities in the States, and ensure that each research activity 
conducted by an Agricultural Research Service facility serves a national 
or multistate need (7 U.S.C. 390 et seq.).
    (xi) Conduct research concerning domestic animals and poultry, their 
protection and use, the causes of contagious, infectious, and 
communicable diseases, and the means for the prevention and cure of the 
same (7 U.S.C. 391).
    (xii) Conduct research related to the dairy industry and to the 
dissemination of information for the promotion of the dairy industry (7 
U.S.C. 402).
    (xiii) Conduct research and demonstrations at Mandan, ND, related to 
dairy livestock breeding, growing, and feeding, and other problems 
pertaining to the establishment of the dairy and livestock industries (7 
U.S.C. 421-422).
    (xiv) Conduct research on new uses for cotton and on cotton ginning 
and processing (7 U.S.C. 423-424).
    (xv) Administer and conduct research into the basic problems of 
agriculture in its broadest aspects, including, but not limited to, 
production, marketing (other than statistical and economic research but 
including research related to family use of resources), distribution, 
processing, and utilization of plant and animal commodities; problems of 
human nutrition; development of markets for agricultural commodities; 
discovery, introduction, and breeding of new crops, plants, and animals, 
both foreign and native; conservation development; and development of 
efficient use of farm buildings, homes, and farm machinery except as 
otherwise delegated in Sec. 2.22(a)(1)(ii) and Sec. 2.79(a)(2) (7 
U.S.C. 427, 1621-1627, 1629, 2201, and 2204).
    (xvi) Conduct research on varietal improvement of wheat and feed 
grains to enhance their conservation and environmental qualities (7 
U.S.C. 428b).
    (xvii) [Reserved]
    (xviii) Enter into agreements with and receive funds from any State, 
other political subdivision, organization, or individual for the purpose 
of conducting cooperative research projects (7 U.S.C. 450a).
    (xix) Carry out a program (IR-4 Program) for the collection of 
residue and efficacy data in support of minor use

[[Page 167]]

pesticide registration or reregistration and to determine tolerances for 
minor use chemical residues in or on agricultural commodities (7 U.S.C. 
450i).
    (xx) Administer the Agriculture and Food Research Initiative for 
competitive grants for fundamental and applied research, extension, and 
education to address food and agricultural sciences; administer a 
program of making special grants for research, extension, or education 
activities (7 U.S.C. 450i(b), (c)).
    (xxi)-(xxii) [Reserved]
    (xxiii) Conduct research related to soil and water conservation, 
engineering operations, and methods of cultivation to provide for the 
control and prevention of soil erosion (7 U.S.C. 1010 and 16 U.S.C. 
590a).
    (xxiv) Maintain four regional research laboratories and conduct 
research at such laboratories to develop new scientific, chemical, and 
technical uses and new and extended markets and outlets for farm 
commodities and products and the byproducts thereof (7 U.S.C. 1292).
    (xxv) Conduct a Special Cotton Research Program designed to reduce 
the cost of producing upland cotton in the United States (7 U.S.C. 1441 
note).
    (xxvi) [Reserved]
    (xxvii) Conduct research to develop and determine methods for the 
humane slaughter of livestock (7 U.S.C. 1904).
    (xxviii) Administer a competitive grant program for non- profit 
institutions to establish and operate centers for rural technology or 
cooperative development (7 U.S.C. 1932(f)).
    (xxix) Administer a Nutrition Education Program for Food Stamp 
recipients and for the distribution of commodities on reservations (7 
U.S.C. 2020(f)).
    (xxx) Conduct education and extension programs and a pilot project 
related to nutrition education (7 U.S.C. 2027(a) and 5932).
    (xxxi) [Reserved]
    (xxxii) Develop and maintain national and international library and 
information systems and networks and facilitate cooperation and 
coordination of the agricultural libraries of colleges, universities, 
USDA, and their closely allied information gathering and dissemination 
units in conjunction with private industry and other research libraries 
(7 U.S.C. 2201, 2204, 3125a, and 3126).
    (xxxiii) Accept gifts and order disbursements from the Treasury for 
carrying out of National Agricultural Library (NAL) functions (7 U.S.C. 
2264-2265).
    (xxxiv) Propagate bee-breeding stock and release bee germplasm to 
the public (7 U.S.C. 283).
    (xxxv) Administer, in cooperation with land-grant colleges and 
universities where applicable, a rural development research and 
extension program, a small farm research and extension program, and a 
rural health and safety education program under the Rural Development 
Act of 1972, as amended (7 U.S.C. 2661-2667).
    (xxxvi) Administer a cooperative extension program under the Farmer-
to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3004).
    (xxxvii) Coordinate the development and carrying out by Department 
agencies of all matters and functions pertaining to agricultural 
research conducted or funded by the Department involving biotechnology, 
including the development and implementation of guidelines for oversight 
of research activities, acting as liaison on all matters and functions 
pertaining to agricultural research in biotechnology between agencies 
within the Department and between the Department and other governmental, 
educational, or private organizations and carrying out any other 
activities authorized by (7 U.S.C. 3121).
    (xxxviii) [Reserved]
    (xxxix) Establish and oversee the National Agricultural Research, 
Extension, Education, and Economics Advisory Board (7 U.S.C. 3123).
    (xl) Provide and distribute information and data about Federal, 
State, local, and other Rural Development Assistance Programs and 
services available to individuals and organizations. To the extent 
possible, NAL shall use telecommunications technology to disseminate 
such information to rural areas (7 U.S.C. 3125b).
    (xli) Assemble and collect food and nutrition educational material, 
including the results of nutrition research, training methods, 
procedures, and

[[Page 168]]

other materials related to the purposes of the National Agricultural 
Research, Extension, and Teaching Policy Act of 1977, as amended; 
maintain such information; and provide for the dissemination of such 
information and materials on a regular basis to State educational 
agencies and other interested parties (7 U.S.C. 3126).
    (xlii) Conduct programs related to composting research and extension 
(7 U.S.C. 3130).
    (xliii) Conduct a program of grants to States to expand, renovate, 
or improve schools of veterinary medicine (7 U.S.C. 3151).
    (xliv) Promote and strengthen higher education in the food and 
agricultural sciences; administer grants to colleges and universities; 
maintain a national food and agricultural education information system; 
conduct programs regarding the evaluation of teaching programs and 
continuing education; administer the National Food and Agricultural 
Sciences Teaching, Extension, and Research Awards Program to recognize 
and promote excellence in teaching, extension, and research in the food 
and agricultural sciences; administer programs relating to secondary 
education and 2-year postsecondary education, including grants to public 
secondary schools, institutions of higher education that award an 
associate's degree, other institutions of higher education, and 
nonprofit organizations; and report to Congress on the distribution of 
funds to carry out such teaching programs (7 U.S.C. 3152).
    (xlv) [Reserved]
    (xlvi) Administer the National Agricultural Science Award for 
research or advanced studies in the food and agricultural sciences (7 
U.S.C. 3153).
    (xlvii) [Reserved]
    (xlviii) Administer a National Food and Human Nutrition Research and 
Extension Program. Establish and administer a Human Nutrition 
Intervention and Health Promotion Research Program (7 U.S.C. 3171-3175).
    (xlix) Administer and direct an Animal Health and Disease Research 
Program under the National Agricultural Research, Extension, and 
Teaching Policy Act of 1977, as amended (7 U.S.C. 3191-3201).
    (l) Support continuing agricultural and forestry extension and 
research, at 1890 land-grant colleges, including Tuskegee University, 
and administer a grant program for five National Research and Training 
Centers (7 U.S.C. 3221, 3222, 3222c, 3222d).
    (li) Administer grants to 1890 land-grant colleges, including 
Tuskegee University, through Federal-grant funds to help finance 
research facilities and equipment including agricultural libraries (7 
U.S.C. 3223).
    (lii) Establish and administer competitive grants (or grants without 
regard to any requirement for competition) to Hispanic-serving 
Institutions for the purpose of promoting and strengthening the ability 
of Hispanic-serving Institutions to carry out education, applied 
research, and related community development programs (7 U.S.C. 3241).
    (liii) Provide policy direction and coordinate the Department's work 
with national and international institutions and other persons 
throughout the world in the performance of agricultural research, 
extension, teaching, and development activities; administer a program of 
competitive grants for collaborative projects involving Federal 
scientists or scientists from colleges and universities working with 
scientists at international agricultural research centers in other 
nations focusing either on new technologies and programs for increasing 
the production of food and fiber or training scientists and a program of 
competitive grants to colleges and universities to strengthen United 
States economic competitiveness and to promote international market 
development; establish a program in coordination with the Foreign 
Agricultural Service to place interns from United States colleges and 
universities at Foreign Agricultural Service field offices overseas; and 
provide a biennial report to the Committee on Agriculture of the House 
of Representatives and the Committee on Agriculture, Nutrition, and 
Forestry of the Senate on efforts of the Federal Government to 
coordinate international agricultural research within the Federal 
Government, and to more effectively link the

[[Page 169]]

activities of domestic and international agricultural researchers, 
particularly researchers of the Agricultural Research Service (7 U.S.C. 
3291, 3292b).
    (liv) Provide for an agricultural research and development program 
with the United States/Mexico Foundation for Science (7 U.S.C. 3292a).
    (lv) Administer a program of competitive grants to colleges and 
universities and State cooperative institutions for the acquisition of 
special purpose scientific research equipment for use in the food and 
agricultural sciences (7 U.S.C. 3310a).
    (lvi) Enter into contracts, grants, or cooperative agreements to 
further research, extension, or teaching programs in the food and 
agriculture sciences (7 U.S.C. 3318).
    (lvii) Enter into cost-reimbursable agreements with State 
cooperative institutions or other colleges and universities for the 
acquisition of goods or services in support of research, extension, or 
teaching activities in the food and agricultural sciences, including the 
furtherance of library and related information programs (7 U.S.C. 
3319a).
    (lviii) Conduct research and development and implement a program for 
the development of supplemental and alternative crops (7 U.S.C. 3319d).
    (lix) Administer an Aquaculture Assistance Program, involving 
centers, by making grants to eligible institutions for research and 
extension to facilitate or expand production and marketing of 
aquacultural food species and products; making grants to States to 
formulate Aquaculture development plans for the production and marketing 
of aquacultural species and products; and conducting a program of 
research, extension and demonstration at aquacultural demonstration 
centers (7 U.S.C. 3321-22).
    (lx) Administer a Cooperative Rangeland Research Program (7 U.S.C. 
3331-3336).
    (lxi) Conduct a program of basic research on cancer in animals and 
birds (7 U.S.C. 3902).
    (lxii) Design and implement educational programs and distribute 
materials in cooperation with the cooperative extension services of the 
States emphasizing the importance of productive farmland, and designate 
a farmland information center, pursuant to section 1544 of the Farmland 
Protection Policy Act (7 U.S.C. 4205).
    (lxiii) [Reserved]
    (lxiv) Administer programs and conduct projects for research, 
extension, and education on sustainable agriculture (7 U.S.C. 5811-
5813).
    (lxv) Conduct research and cooperative extension programs to 
optimize crop and livestock production potential, integrated resource 
management, and integrated crop management (7 U.S.C. 5821).
    (lxvi) Design, implement, and develop handbooks, technical guides, 
and other educational materials emphasizing sustainable agriculture 
production systems and practices (7 U.S.C. 5831).
    (lxvii) Administer a competitive grant program to organizations to 
carry out a training program on sustainable agriculture (7 U.S.C. 5832).
    (lxviii) Administer a national research program on genetic resources 
to provide for the collection, preservation, and dissemination of 
genetic material important to American food and agriculture production 
(7 U.S.C. 5841-5844).
    (lxix) Conduct remote-sensing and other weather-related research (7 
U.S.C. 5852).
    (lxx) Establish an Agricultural Weather Office and administer a 
national agricultural weather information system, including a 
competitive grants program for research in atmospheric sciences and 
climatology (7 U.S.C. 5852-5853).
    (lxxi) Administer a research and extension grant program to States 
to administer programs for State agricultural weather information 
systems (7 U.S.C. 5854).
    (lxxii) Administer grants and conduct research programs to measure 
microbiological and chemical agents associated with the production, 
preparation, processing, handling, and storage of agricultural products 
(7 U.S.C. 5871-5874).
    (lxxiii) Administer and conduct research and extension programs on 
integrated pest management, including research to benefit floriculture 
(7 U.S.C. 5881).
    (lxxiv) Establish a National Pesticide Resistance Monitoring Program 
and

[[Page 170]]

disseminate information on materials and methods of pest and disease 
control available to agricultural producers through the pest and disease 
control database (7 U.S.C. 5882).
    (lxxv) Administer and conduct research and grant programs on the 
control and eradication of exotic pests (7 U.S.C. 5883).
    (lxxvi) Conduct research and educational programs to study the 
biology and behavior of chinch bugs (7 U.S.C. 5884).
    (lxxvii) Administer research programs and grants for risk assessment 
research to address concerns about the environmental effects of 
biotechnology (7 U.S.C. 5921).
    (lxxviii) Administer a rural electronic commerce extension program 
through grants to regional rural development centers and competitive 
grants to land-grant colleges and universities and to colleges and 
universities (including community colleges) with agricultural or rural 
development programs (7 U.S.C. 5923).
    (lxxix) Conduct a research initiative known as the Agricultural 
Genome Initiative, and make grants or enter into cooperative agreements 
on a competitive basis to carry out the Initiative (7 U.S.C. 5924).
    (lxxx) Administer a competitive high priority research and extension 
grants program in specified subject areas (7 U.S.C. 5925).
    (lxxxi) Administer a program of competitive grants to support 
research and extension activities in Nutrient Management Research and 
Extension (7 U.S.C. 5925a).
    (lxxxii) Administer competitive grants to support research and 
extension activities regarding organically grown and processed 
agricultural commodities (7 U.S.C. 5925b).
    (lxxxiii) [Reserved]
    (lxxxiv) Formulate and carry out the Veterinary Medicine Loan 
Repayment Act program authorized by the National Veterinary Medical 
Service Act (7 U.S.C. 3151a).
    (lxxxv)-(lxxxvii) [Reserved]
    (lxxxviii) Establish and administer a program for the development 
and utilization of an agricultural communications network (7 U.S.C. 
5926).
    (lxxxix)-(xc) [Reserved]
    (xci) Administer education programs on Indian reservations and 
tribal jurisdictions (7 U.S.C. 5930).
    (xcii) [Reserved]
    (xciii) Administer a demonstration grants program for support of an 
assistive technology program for farmers with disabilities (7 U.S.C. 
5933).
    (xciv)-(xcv) [Reserved]
    (xcvi) Conduct programs of research, technology development, and 
education related to global climate change (7 U.S.C. 6701-6710).
    (xcvii) Administer the Small Business Innovation Development Act of 
1982 for USDA (15 U.S.C. 638(e)-(k)).
    (xcviii) Coordinate Departmental policies under the Toxic Substance 
Control Act (15 U.S.C. 2601-2629).
    (xcix) Provide educational and technical assistance in implementing 
and administering the Conservation Reserve Program authorized in 
sections 1231-1244 of the Food Security Act of 1985 (Pub. L. No. 99-198, 
99 Stat. 1509 (16 U.S.C. 3831-3844)).
    (c) Enter into cooperative research and development agreements with 
industry, universities, and others; institute a cash award program to 
reward scientific, engineering, and technical personnel; award royalties 
to inventors; and retain and use royalty income (15 U.S.C. 3710a-3710c).
    (ci) Coordinate USDA activities delegated under 15 U.S.C. 3710a-
3710c.
    (cii) Conduct educational and demonstrational work in Cooperative 
Farm Forestry Programs (16 U.S.C. 568).
    (ciii) Administer a cooperative forestry program in accordance with 
the McIntire-Stennis Cooperative Forestry Act, and administer a 
competitive forestry, natural resources, and environmental grant program 
(16 U.S.C. 582A-582A-8).
    (civ) Establish and administer the Forestry Student Grant Program to 
provide competitive grants to assist the expansion of the professional 
education of forestry, natural resources, and environmental scientists 
(16 U.S.C. 1649).
    (cv) Provide for an expanded and comprehensive extension program for 
forest and rangeland renewable resources (16 U.S.C. 1671-1676).

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    (cvi) Provide technical, financial, and educational assistance to 
State foresters and State extension directors on rural forestry 
assistance (16 U.S.C. 2102).
    (cvii) Provide educational assistance to State foresters under the 
Forest Stewardship Program (16 U.S.C. 2103a).
    (cviii) Implement and conduct an educational program to assist the 
development of Urban and Community Forestry Programs (16 U.S.C. 2105).
    (cix) Provide staff support to the Secretary of Agriculture in his 
or her role as permanent Chair for the Joint Subcommittee on Aquaculture 
established by the National Aquaculture Act of 1980 and coordinate 
aquacultural activities within the Department (16 U.S.C. 2805).
    (cx) Perform research, development, and extension activities in 
aquaculture (16 U.S.C. 2804 and 2806).
    (cxi) Provide educational assistance to farmers regarding the 
Agricultural Water Quality Protection Program (16 U.S.C. 3838b).
    (cxii) Copy and deliver on demand selected articles and other 
materials from the Department's collections by photographic reproduction 
or other means within the permissions, constraints, and limitations of 
sections 106, 107, and 108 of the Copyright Act of October 19, 1976, (17 
U.S.C. 106, 107, and 108).
    (cxiii) Authorize the use of the 4-H Club name and emblem (18 U.S.C. 
707).
    (cxiv) Maintain a National Arboretum for the purposes of research 
and education concerning tree and plant life, and order disbursements 
from the Treasury, in accordance with the Act of March 4, 1927 (20 
U.S.C. 191 et seq.).
    (cxv) Conduct research on foot-and-mouth disease and other animal 
diseases (21 U.S.C. 113a).
    (cxvi) Conduct research on the control and eradication of cattle 
grubs (screwworms) (21 U.S.C. 114e).
    (cxvii) Obtain and furnish Federal excess property to eligible 
recipients for use in the conduct of research and extension programs (40 
U.S.C. 483(d)(2)).
    (cxviii) Conduct research demonstration and promotion activities 
related to farm dwellings and other buildings for the purposes of 
reducing costs and adapting and developing fixtures and appurtenances 
for more efficient and economical farm use (42 U.S.C. 1476(b)).
    (cxix) Carry out research, demonstration, and educational activities 
authorized in section 202(c) of the Colorado River Basin Salinity 
Control Act (43 U.S.C. 1592(c)).
    (cxx) Conduct research on losses of livestock in interstate commerce 
due to injury or disease (45 U.S.C. 71 note).
    (cxxi) Administer a Cooperative Agricultural Extension Program 
related to agriculture, uses of solar energy with respect to 
agriculture, home economics, and rural energy in the District of 
Columbia (D.C. Code 38-1202.09).
    (cxxii) [Reserved]
    (cxxiii) Exercise the responsibilities of the Secretary under 
regulations dealing with Equal Employment Opportunity in the Cooperative 
Extension Service (part 18 of this title).
    (cxxiv) Represent the Department on the Federal Interagency Council 
on Education.
    (cxxv) Assure the acquisition, preservation, and accessibility of 
all information concerning food and agriculture by providing leadership 
to and coordination of the acquisition programs and related activities 
of the library and information systems, with the agencies of USDA, other 
Federal departments and agencies, State agricultural experiment 
stations, colleges and universities, and other research institutions and 
organizations.
    (cxxvi) Formulate, write, or prescribe bibliographic and technically 
related standards for the library and information services of USDA (7 
U.S.C. 3125a et seq.).
    (cxxvii) Determine by survey or other appropriate means, the 
information needs of the Department's scientific, professional, 
technical, and administrative staffs, its constituencies, and the 
general public in the areas of food, agriculture, the environment, and 
other related areas.
    (cxxviii) Represent the Department on all library and information 
science matters before Congressional Committees and appropriate 
commissions, and provide representation to the coordinating committees 
of the Federal and State governments concerned with library and 
information science activities.

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    (cxxix) Represent the Department in international organizational 
activities and on international technical committees concerned with 
agricultural science, education, and development activities, including 
library and information science activities.
    (cxxx) Prepare and disseminate computer files, indexes and 
abstracts, bibliographies, reviews, and other analytical information 
tools.
    (cxxxi) Arrange for the consolidated purchasing and dissemination of 
printed and automated indexes, abstracts, journals, and other widely 
used information resources and services.
    (cxxxii) Provide assistance and support to professional 
organizations and others concerned with library and information science 
matters and issues.
    (cxxxiii) Pursuant to the authority delegated by the Administrator 
of General Services to the Secretary of Agriculture in 34 FR 6406, 36 FR 
1293, 36 FR 18440, and 38 FR 23838, appoint uniformed armed guards and 
special policemen, make all needful rules and regulations, and annex to 
such rules and regulations such reasonable penalties (not to exceed 
those prescribed in 40 U.S.C. 318(c), as will ensure their enforcement, 
for the protection of persons, property, buildings, and grounds of the 
Arboretum, Washington, DC; the U.S. Meat Animal Research Center, Clay 
Center, NE; the Agricultural Research Center, Beltsville, MD; and the 
Animal Disease Center, Plum Island, NY, over which the United States has 
exclusive or concurrent criminal jurisdiction, in accordance with the 
limitations and requirements of the Federal Property and Administrative 
Services Act of 1949, as amended (40 U.S.C. 471 et seq.), the Act of 
June 1, 1948, as amended (40 U.S.C. 318 et seq.), and the policies, 
procedures, and controls prescribed by the General Services 
Administration. Any rules or regulations promulgated under this 
authority shall be approved by the Director, Office of Operations, and 
the General Counsel prior to issuance.
    (cxxxiv) Represent the Department on the National Science and 
Technology Council.
    (cxxxv) Administer the Department's Patent Program except as 
delegated to the General Counsel in Sec. 2.31(e).
    (cxxxvi) Review cooperative research and development agreements 
entered into pursuant to 15 U.S.C. 3710a-3710c, with authority to 
disapprove or require the modification of any such agreement.
    (cxxxvii) Establish and administer a 1994 Institutions Endowment 
Fund and to enter into agreements necessary to do this (Section 533(b) 
and (c) of the Equity in Educational Land-Grant Status Act of 1994, 7 
U.S.C. 301 note).
    (cxxxviii) Make grants in equal amounts to 1994 Land-Grant 
Institutions to be used in the same manner as is prescribed for colleges 
under the Act of August 30, 1890 (7 U.S.C. 321 et seq.), and subject to 
the requirements of such Act (Section 534(a) of the Equity in 
Educational Land-Grant Status Act of 1994, 7 U.S.C. 301 note).
    (cxxxix) Make competitive Institutional Capacity Building Grants to 
assist 1994 Land-Grant Institutions with constructing, acquiring, and 
remodeling buildings, laboratories, and other capital facilities 
(including fixtures and equipment) necessary to conduct instructional 
activities more effectively in agriculture and sciences (Section 535 of 
the Equity in Educational Land-Grant Status Act of 1994, 7 U.S.C. 301 
note).
    (cxl) Make competitive grants to 1994 Land-Grant Institutions to 
conduct agricultural research that addresses high priority concerns of 
tribal, national, or multistate significance (Section 536 of the Equity 
in Educational Land-Grant Status Act of 1994, 7 U.S.C. 301 note).
    (cxli) Implement and administer the Community Food Projects Program, 
Innovative Programs for Addressing Common Community Problems, and the 
Healthy Urban Food Enterprise Center pursuant to the provisions of 
section 25 of the Food and Nutrition Act of 2008 (7 U.S.C. 2034).
    (cxlii) [Reserved]
    (cxliii) Coordinate the Department of Agriculture summer intern 
program pursuant to section 922 of the Federal Agriculture Improvement 
and Reform Act (7 U.S.C. 2279c).
    (cxliv) Develop and carry out a system to monitor and evaluate 
agricultural research and extension activities conducted or supported by 
the Department that will enable the Secretary to

[[Page 173]]

measure the impact and effectiveness of research, extension, and 
education programs according to priorities, goals, and mandates 
established by law. Conduct a comprehensive review of state-of-the-art 
information technology systems for use in developing the system (7 
U.S.C. 3129).
    (cxlv) Make grants, competitive grants, and special research grants 
to, and enter into cooperative agreements and other contracting 
instruments with, policy research centers (7 U.S.C. 3155).
    (cxlvi) Conduct a pilot research program to link major cancer and 
heart and other circulatory disease research efforts with agricultural 
research efforts to identify compounds in vegetables and fruits that 
prevent these diseases (7 U.S.C. 3174a).
    (clvii)-(clix) [Reserved]
    (cl) Provide technical assistance to farmers and ranchers under the 
Environmental Quality Incentives Program (16 U.S.C. 3830 et seq.).
    (cli) Ensure that agricultural research conducted by the 
Agricultural Research Service, and agricultural research, extension, or 
education activities administered by the Cooperative State Research, 
Education, and Extension Service on a competitive basis address a 
concern that is a priority and has national, multistate, or regional 
significance (7 U.S.C. 7611).
    (clii) Solicit and consider input and recommendations from persons 
who conduct or use agricultural research, extension, or education and, 
after consultation with appropriate subcabinet officials, establish 
priorities for agricultural research, extension, and education 
activities conducted or funded by the Department; promulgate regulations 
concerning implementation of a process for obtaining stakeholder input 
at 1862, 1890, and 1994 Institutions and Hispanic-serving agricultural 
colleges and universities; and ensure that federally supported and 
conducted agricultural research, extension, and education activities are 
accomplished in accord with identified management principles (7 U.S.C. 
7612).
    (cliii) Establish procedures that provide for scientific peer review 
of each agricultural research grant administered on a competitive basis, 
and for merit review of each agricultural extension or education grant 
administered, on a competitive basis, by the Cooperative State Research, 
Education, and Extension Service (7 U.S.C. 7613(a)).
    (cliv) Consider the results of the annual review performed by the 
Agricultural Research, Extension, Education, and Economics Advisory 
Board regarding the relevance to priorities of the funding of all 
agricultural research, extension, or education activities conducted or 
funded by the Department and the adequacy of funding, when formulating 
each request for proposals, and evaluating proposals, involving an 
agricultural research, extension, or education activity funded, on a 
competitive basis, by the Department; and solicit and consider input 
from persons who conduct or use agricultural research, extension, or 
education regarding the prior year's request for proposals for each 
activity funded on a competitive basis (7 U.S.C. 7613(c)).
    (clv) Establish, in consultation with appropriate subcabinet 
officials, procedures to ensure scientific peer review of all research 
activities conducted by the Department (7 U.S.C. 7613(d)).
    (clvi) Require a procedure to be established by each 1862, 1890, and 
1994 Institution and Hispanic-serving agricultural college and 
university, for merit review of each agricultural research and extension 
activity funded and review of the activity in accordance with the 
procedure (7 U.S.C. 7613(e)).
    (clvii)-(clix) [Reserved]
    (clx) Coordinate the resources of the Department to develop, 
commercialize, and promote the use of biobased products, and enter into 
cooperative agreements with private entities to operate pilot plants and 
other large-scale preparation facilities under which the facilities and 
technical expertise of the Agricultural Research Service may be made 
available (7 U.S.C. 7624).
    (clxi) [Reserved]
    (clxii) Administer competitive grants for integrated, 
multifunctional agricultural research, education, and extension 
activities (7 U.S.C. 7626).
    (clxiii) Administer a coordinated program of research, extension, 
and education to improve the competitiveness, viability, and 
sustainability of small

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and medium size dairy, livestock, and poultry operations (7 U.S.C. 
7627).
    (clxiv) Administer grants to consortia of land-grant colleges and 
universities to enhance the ability of the consortia to carry out multi-
State research projects aimed at understanding and combating diseases of 
wheat, triticale, and barley caused by Fusarium graminearum and related 
fungi or Tilletia indica and related fungi (7 U.S.C. 7628).
    (clxv) Operate and administer the Food Animal Residue Avoidance 
Database through contracts, grants, or cooperative agreements with 
appropriate colleges or universities (7 U.S.C. 7642).
    (clxvi) Update on a periodic basis, nutrient composition data and 
report to Congress the method that will be used to update the data and 
the timing of the update (7 U.S.C. 7651).
    (clxvii) Establish and maintain a Food Safety Research Information 
Office at the National Agricultural Library to provide to the research 
community and the general public information on publicly and privately 
funded food safety research initiatives (7 U.S.C. 7654(a)).
    (clxviii) Develop a national program of safe food handling education 
for adults and young people to reduce the risk of food-borne illness (7 
U.S.C. 7655).
    (clxix) Conduct a performance evaluation to determine whether 
federally funded agricultural research, extension, and education 
programs result in public goods that have national or multistate 
significance, including through a contract with one or more entities to 
provide input and recommendations with respect to federally funded 
agricultural research, extension, and education programs (7 U.S.C. 
7671).
    (clxx) Request the National Academy of Sciences to conduct a study 
of the role and mission of federally funded agricultural research, 
extension, and education (7 U.S.C. 7672).
    (clxxi) Take a census of agriculture in 1998 and every fifth year 
thereafter pursuant to the Census of Agriculture Act of 1997, Public Law 
105-113 (7 U.S.C. 2204g); ensure that the census of agriculture 
documents the number, location, and economic contributions of socially 
disadvantaged farmers or ranchers in agricultural production (7 U.S.C. 
2279(h)).
    (clxxii) Cooperate with other Federal agencies (including the 
National Science Foundation) in issuing joint requests for proposals, 
awarding grants, and administering grants under any competitive 
agricultural research, education, or extension grant program (7 U.S.C. 
3319b).
    (clxxiii) Administer a program of competitive grants, establish 
education teams, and establish an online clearinghouse of curricula and 
training materials and programs, all for training, education, outreach, 
and technical assistance initiatives for the benefit of beginning 
farmers and ranchers (7 U.S.C. 3319f).
    (clxxiv) Administer agricultural research, education, and extension 
activities (including through competitive grants), using any authority 
available to the Secretary, to reduce the vulnerability of the United 
States food and agricultural system to chemical or biological attack, to 
continue partnerships with institutions of higher education and other 
institutions to help form stable, long-term programs to enhance the 
biosecurity of the United States, to make competitive grants to 
universities and qualified research institutions for research on 
counterbioterrorsims, and to counter or otherwise respond to chemical or 
biological attack (7 U.S.C. 3351).
    (clxxv) Administer a program of competitive grants to colleges and 
universities for expansion and security upgrades to enhance the security 
of agriculture against bioterrorism threats (7 U.S.C. 3352).
    (clxxvi) Administer programs for distance education grants and 
resident instruction grants to eligible institutions in insular areas 
that have demonstrable capacity to carry out teaching and extension 
programs in the food and agricultural sciences (7 U.S.C. 3361-3363).
    (clxxvii) [Reserved]
    (clxxviii) Administer a program of cooperative research (including 
through competitive award of grants and cooperative agreements to 
colleges and universities) and extension projects on carbon cycling in 
soils and

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plants, the exchange of other greenhouse gases from agriculture, and the 
carbon sequestration benefits of conservation practices (7 U.S.C. 6711).
    (clxxix) Administer a program, in coordination with State 
veterinarians and other appropriate State animal health professionals, 
to conduct research, testing, and evaluation of programs for the control 
and management of Johne's disease in livestock (7 U.S.C. 7629).
    (clxxx) Administer a program of grants to the Girl Scouts of the 
United States of America, the Boy Scouts of America, the National 4-H 
Council, and the National FFA Organization to establish pilot projects 
to expand the programs carried out by the organizations in rural areas 
and small towns (7 U.S.C. 7630).
    (clxxxi) Oversee implementation of the termination of Federal 
schedule A civil service appointments of State agricultural extension 
employees at land-grant colleges and universities (section 7220 of Pub. 
L. 107-171).
    (clxxxii) Administer a program of grants to the Food and 
Agricultural Policy Research Institute (section 10805 of Pub. L. 107-
171).
    (clxxxiii) Administer grants to assist the land-grant university in 
the District of Columbia to acquire, alter, or repair facilities or 
relevant equipment necessary for conducting agricultural research (7 
U.S.C. 3222b-1).
    (clxxxiv) Administer grants to assist the land-grant institutions in 
insular areas to acquire, alter, or repair facilities or relevant 
equipment necessary for conducting agricultural research (7 U.S.C. 
3222b-2).
    (clxxxv) Enter into agreements necessary to administer an Hispanic-
Serving Agricultural Colleges and Universities Fund; enter into 
agreements necessary to administer a program of making annual payments 
to Hispanic-serving agricultural colleges and universities; administer 
an institutional capacity-building grants program for Hispanic-serving 
agricultural colleges and universities; administer a competitive grants 
program to fund fundamental and applied research at Hispanic-serving 
agricultural colleges and universities (7 U.S.C. 3243).
    (clxxxvi) Administer the New Era Rural Technology Program to make 
grants for technology development, applied research, and training to aid 
in the development of an agriculture-based renewable energy workforce (7 
U.S.C. 3319e).
    (clxxxvii) Administer a competitive grants program to assist NLGCA 
Institutions in maintaining and expanding capacity to conduct education, 
research, and outreach activities relating to agriculture, renewable 
resources, and other similar disciplines (7 U.S.C. 3319i).
    (clxxxviii) Administer the Agricultural Bioenergy Feedstock and 
Energy Efficiency Research and Extension Initiative to enhance the 
production of biomass energy crops and the energy efficiency of 
agricultural operations (7 U.S.C. 5925e).
    (clxxxix) Administer a competitive research and extension grants 
program to improve the farm management knowledge and skills of 
agricultural producers and establish and maintain a national, publicly 
available farm financial management database to support improved farm 
management (7 U.S.C. 5925f).
    (cxc) Administer the Specialty Crop Research Initiative (7 U.S.C. 
7632).
    (cxci) Exchange, sell, or otherwise dispose of animals, animal 
products, plants, and plant products, and use the sale or other proceeds 
to acquire such items or to offset costs related to the maintenance, 
care, or feeding of such items (7 U.S.C. 2241a).
    (cxcii) Establish and administer a pilot program at the Beltsville 
Agricultural Research Center and National Agricultural Library to lease 
nonexcess property (7 U.S.C. 3125a note).
    (cxciii) Lease land at the Grazinglands Research Laboratory at El 
Reno, Oklahoma, pursuant to section 7503 of the Food, Conservation, and 
Energy Act of 2008 (Pub. L. 110-246).
    (cxciv) Administer a competitive research and education grants 
program relating to antibiotics and antibiotic-resistant bacteria (7 
U.S.C. 3202).
    (cxcv) Administer a competitive grants program to establish and 
maintain a Farm and Ranch Stress Assistance Network (7 U.S.C. 5936).

[[Page 176]]

    (cxcvi) Administer a competitive grants program relating to seed 
distribution (7 U.S.C. 415-1).
    (cxcvii) Administer a natural products research program (7 U.S.C. 
5937).
    (cxcviii) Administer a Sun Grants Program (7 U.S.C. 8114).
    (cxcix) Administer a competitive grants program relating to 
agricultural and rural transportation research and education (7 U.S.C. 
5938).
    (cc) Administer a program of providing competitive grants to 
Hispanic-serving institutions for the purpose of establishing an 
undergraduate scholarship program to assist in the recruitment, 
retention, and training of Hispanics and other under-represented groups 
in forestry and related fields (16 U.S.C. 1649a).
    (cci) Administer a Biomass Research and Development Program (7 
U.S.C. 8108) in consultation with other mission areas of the Department 
as appropriate.
    (ccii) Administer a competitive grants program to encourage basic 
and applied research and the development of qualified agricultural 
countermeasures (7 U.S.C. 8921).
    (cciii) Administer a competitive grants program to promote the 
development of teaching programs in agriculture, veterinary medicine, 
and disciplines closely allied to the food and agriculture system to 
increase the number of trained individuals with an expertise in 
agricultural biosecurity (7 U.S.C. 8922).
    (cciv) Administer a program of providing grants to Alaska Native 
serving institutions and Native Hawaiian serving institutions for the 
purpose of promoting and strengthening the ability of those institutions 
to carry out education, applied research, and related community 
development programs (7 U.S.C. 3156).
    (2) Related to committee management. Establish or reestablish 
regional, state and local advisory committees for the activities 
authorized. This authority may not be redelegated.
    (3) Related to defense and emergency preparedness. Administer the 
responsibilities and functions assigned under the Defense Production Act 
of 1950, as amended (50 U.S.C. App. 2061 et seq.), and title VI of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5195 et seq.), concerning scientific and educational programs; 
estimates of supplies of agricultural commodities and evaluation of 
requirements therefor; coordination of damage assessment; food and 
agricultural aspects of economic stabilization, economic research, and 
agricultural statistics; and the coordination of energy programs.
    (4) Related to rural development activities. Provide guidance and 
direction for the accomplishment of activities authorized under Section 
V of the Rural Development Act of 1972, as amended (7 U.S.C. 2661 et 
seq.), for programs under the control of the Under Secretary for 
Research, Education, and Economics, coordinating the policy aspects 
thereof with the Under Secretary for Rural Development.
    (5) Related to environmental response. With respect to land and 
facilities under his or her authority, exercise the functions delegated 
to the Secretary by Executive Order 12580, 3 CFR, 1987 Comp., p. 193, 
under the following provisions of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (``the Act''), as 
amended:
    (i) Sections 104 (a), (b), and (c)(4) of the Act (42 U.S.C. 9604 
(a), (b), and (c)(4)), with respect to removal and remedial actions in 
the event of release or threatened release of a hazardous substance, 
pollutant, or contaminant into the environment;
    (ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with 
respect to information gathering and access requests and orders; 
compliance with Federal health and safety standards and wage and labor 
standards applicable to covered work; and emergency procurement powers;
    (iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with 
respect to the reduction of exposure to significant risk to human 
health;
    (iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to 
the acquisition of real property and interests in real property required 
to conduct a remedial action;
    (v) The first two sentences of section 105(d) of the Act (42 U.S.C. 
9605(d)),

[[Page 177]]

with respect to petitions for preliminary assessment of a release or 
threatened release;
    (vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to 
consideration of the availability of qualified minority firms in 
awarding contracts, but excluding that portion of section 105(f) 
pertaining to the annual report to Congress;
    (vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the 
assessment of civil penalties for violations of section 122 of the Act 
(42 U.S.C. 9622), and the granting of awards to individuals providing 
information;
    (viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect 
to the designation of officials who may obligate money in the Hazardous 
Substances Superfund;
    (ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to 
establishing an administrative record upon which to base the selection 
of a response action and identifying and notifying potentially 
responsible parties;
    (x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to 
preliminary assessment and site inspection of facilities;
    (xi) Sections 117 (a) and (c) of the Act (42 U.S.C. 9617 (a) and 
(c)), with respect to public participation in the preparation of any 
plan for remedial action and explanation of variances from the final 
remedial action plan for any remedial action or enforcement action, 
including any settlement or consent decree entered into;
    (xii) Section 119 of the Act (42 U.S.C. 9119), with respect to 
indemnifying response action contractors;
    (xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to 
cleanup standards; and
    (xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to 
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C. 
9622(b)(1)), related to mixed funding agreements.
    (6) Related to compliance with environmental laws. With respect to 
facilities and activities under his or her authority, to exercise the 
authority of the Secretary of Agriculture pursuant to section 1-102 
related to compliance with applicable pollution control standards and 
section 1-601 of Executive Order 12088, 3 CFR, 1978 Comp., p. 243, to 
enter into an inter-agency agreement with the United States 
Environmental Protection Agency, or an administrative consent order or a 
consent judgment in an appropriate State, interstate, or local agency, 
containing a plan and schedule to achieve and maintain compliance with 
applicable pollution control standards established pursuant to the 
following:
    (i) Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act, as further amended by the Hazardous and 
Solid Waste Amendments, and the Federal Facility Compliance Act (42 
U.S.C. 6901 et seq.);
    (ii) Federal Water Pollution Prevention and Control Act, as amended 
(33 U.S.C. 1251 et seq.);
    (iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.);
    (iv) Clean Air Act, as amended (42 U.S.C. 7401 et seq.);
    (v) Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq.);
    (vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601 et 
seq.);
    (vii) Federal Insecticide, Fungicide, and Rodenticide Act, as 
amended (7 U.S.C. 136 et seq.); and
    (viii) Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended by the Superfund Amendments and 
Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.).
    (7) Related to national food and human nutrition research. (i) 
Administer a National Food and Human Nutrition Research Program under 
the National Agricultural Research, Extension, and Teaching Policy Act 
of 1977, as amended. As used herein the term ``research'' includes:
    (A) Research on the nutrient composition of foods and the effects of 
agricultural practices, handling, food processing, and cooking on the 
nutrients they contain;
    (B) Surveillance of the nutritional benefits provided to 
participants in the food programs administered by the Department; and
    (C) Research on the factors affecting food preference and habits (7 
U.S.C. 3171-3175, 3177).
    (ii) The authority in paragraph (a)(7)(i) of this section includes 
the authority to:

[[Page 178]]

    (A) Appraise the nutritive content of the U.S. food supply;
    (B) Develop and make available data on the nutrient composition of 
foods needed by Federal, State, and local agencies administering food 
and nutrition programs, and the general public, to improve the 
nutritional quality of diets;
    (C) Coordinate nutrition education research projects within the 
Department; and
    (D) Maintain data generated on food composition in a National 
Nutrient Data Bank.
    (iii) Conduct, in cooperation with the Department of Health and 
Human Services, the National Nutrition Monitoring and Related Research 
Program. Included in this delegation is the authority to:
    (A) Design and carry out periodic nationwide food consumption 
surveys to measure household food consumption;
    (B) Design and carry out a continuous, longitudinal individual 
intake survey of the United States population and special high-risk 
groups; and
    (C) Design and carry out methodological research studies to develop 
improved procedures for collecting household and individual food intake 
consumption data;
    (iv) [Reserved]
    (v) Co-chair with the Assistant Secretary for Health, Department of 
Health and Human Services, the Interagency Board for Nutrition 
Monitoring and Related Research for the development and coordination of 
a Ten-Year Comprehensive Plan as required by Pub. L. No. 101-445, 7 
U.S.C. 5301 et seq.
    (8) Related to economic research and statistical reporting. (i) 
Conduct economic research on matters of importance to cooperatives as 
authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-
1627).
    (ii) Conduct economic and social science research and analyses 
relating to:
    (A) Food and agriculture situation and outlook;
    (B) The production, marketing, and distribution of food and fiber 
products (excluding forest and forest products), including studies of 
the performance of the food and agricultural sector of the economy in 
meeting needs and wants of consumers;
    (C) Basic and long-range, worldwide, economic analyses and research 
on supply, demand, and trade in food and fiber products and the effects 
on the U.S. food and agriculture system, including general economic 
analyses of the international financial and monetary aspects of 
agricultural affairs;
    (D) Natural resources, including studies of the use and management 
of land and water resources, the quality of these resources, resource 
institutions, and watershed and river basin development problems; and
    (E) Rural people and communities, as authorized by title II of the 
Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1621-1627), and 
the Act of June 29, 1935, as amended (7 U.S.C. 427).
    (iii) Perform economic and other social science research under 
section 104(b)(1) and (3) of the Agricultural Trade Development and 
Assistance Act of 1954, as amended, with funds administered by the 
Foreign Agricultural Service (7 U.S.C. 1704).
    (iv) Prepare crop and livestock estimates and administer reporting 
programs, including estimates of production, supply, price, and other 
aspects of the U.S. agricultural economy, collection of statistics, 
conduct of enumerative and objective measurement surveys, construction 
and maintenance of sampling frames, and related activities. Prepare 
reports of the Agricultural Statistics Board covering official state and 
national estimates (7 U.S.C. 476, 951, and 2204).
    (v) Take such security precautions as are necessary to prevent 
disclosure of crop or livestock report information prior to the 
scheduled issuance time approved in advance by the Secretary of 
Agriculture and take such actions as are necessary to avoid disclosure 
of confidential data or information supplied by any person, firm, 
partnership, corporation, or association (18 U.S.C. 1902, 1903, and 
2072).
    (vi) Improve statistics in the Department; maintain liaison with OMB 
and other Federal agencies for coordination of statistical methods and 
techniques.
    (vii) Investigate and make findings as to the effect upon the 
production of

[[Page 179]]

food and upon the agricultural economy of any proposed action pending 
before the Administrator of the Environmental Protection Agency for 
presentation in the public interest, before said Administrator, other 
agencies, or before the courts.
    (viii) Review economic data and analyses used in speeches by 
Department personnel and in materials prepared for release through the 
press, radio, and television.
    (ix) Coordinate all economic analysis and review all decisions 
involving substantial economic policy implications.
    (x) Cooperate and work with national and international institutions 
and other persons throughout the world in the performance of 
agricultural research and extension activities to promote and support 
the development of a viable and sustainable global and agricultural 
system. Such work may be carried out by:
    (A) Exchanging research materials and results with the institutions 
or persons;
    (B) Engaging in joint or coordinated research;
    (C) Entering into cooperative arrangements with Departments and 
Ministries of Agriculture in other nations to conduct research, 
extension; and education activities (limited to arrangements either 
involving no exchange of funds or involving disbursements by the agency 
to the institutions of other nations), and then reporting these 
arrangements to the Secretary of Agriculture;
    (D) Stationing representatives at such institutions or organizations 
in foreign countries; or
    (E) Entering into agreements with land-grant colleges and 
universities, other organizations, institutions, or individuals with 
comparable goals, and with the concurrence of the Foreign Agricultural 
Service, USDA, international organizations (limited to agreements either 
involving no exchange of funds or involving disbursements by the agency 
to the cooperator), and then reporting these agreements to the Secretary 
of Agriculture (7 U.S.C. 3291(a)).
    (xi) Prepare for transmittal by the Secretary to the President and 
both Houses of Congress, an analytical report under section 5 of the 
Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3504) 
concerning the effect on family farms and rural communities of holdings, 
acquisitions, and transfers of U.S. agricultural land by foreign 
persons.
    (xii) Enter into contracts, grants, or cooperative agreements to 
further research and statistical reporting programs in the food and 
agricultural sciences (7 U.S.C. 3318).
    (xiii) Enter into cost-reimbursable agreements relating to 
agricultural research and statistical reporting (7 U.S.C. 3319a).
    (xiv) Conduct surveys and analysis and publish reports relating to 
organic production, handling, distribution, retail, and trend studies 
(including consumer purchasing patterns); develop surveys and report 
statistical analysis on organically produced agricultural products (7 
U.S.C. 5925c).
    (xv) Assist the Under Secretary for Marketing and Regulatory 
Programs with respect to Dairy Product Mandatory Reporting (7 U.S.C. 
1637-1637b).
    (xvi) Include in each issuance of projections of net farm income an 
estimate of the net farm income earned by commercial producers in the 
United States that will in addition show the estimate of net farm income 
attributable to commercial producers of livestock, loan commodities, and 
agricultural commodities other than loan commodities (7 U.S.C. 7998).
    (xvii) Ensure that studies carried out by the Economic Research 
Service document the number, location, and economic contributions of 
socially disadvantaged farmers or ranchers in agricultural production (7 
U.S.C. 2279(h)).
    (9) Related to immigration. Serve as the designee of the Secretary 
pursuant to section 212(e) of the Immigration and Nationality Act, as 
amended, 8 U.S.C. 1182(e) and 22 CFR 514.44(c)).
    (10) Related to hazardous materials management. (i) Serve on the 
USDA Hazardous Materials Policy Council.
    (ii) Recommend actions and policies that enable USDA agencies under 
his or her authority to comply with the intent, purposes, and standards 
of environmental laws for pollution prevention, control, and abatement.

[[Page 180]]

    (iii) Consult with the United States Environmental Protection Agency 
and other appropriate Federal agencies in developing pollution 
prevention, control, and abatement policies and programs relating to 
agencies under his or her authority.
    (iv) Serve as a USDA Environmental Executive responsible for 
coordinating waste prevention; recycling; and the procurement, 
acquisition, and use of recycled products and environmentally preferable 
products, including biobased products, and services pursuant to 
Executive Order 13101 (dual assignment with the Assistant Secretary for 
Administration).
    (b) The following authorities are reserved to the Secretary of 
Agriculture:
    (1) Related to science and education. (i) Withhold funds from States 
in accordance with section 1436 of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977, as amended (7 U.S.C. 3198).
    (ii) Reapportion funds under section 4 and apportion funds under 
section 5 of the Act of October 10, 1962 (16 U.S.C. 582a-3, 582a-5).
    (iii) Appoint an advisory committee under section 6 of the Act of 
October 10, 1962 (16 U.S.C. 582a-4).
    (iv) Final concurrence in Equal Employment Opportunity Programs 
within the cooperative extension programs submitted under part 18 of 
this title.
    (v) Approve selection of State directors of extension.
    (vi) Approve the memoranda of understanding between the land-grant 
universities and USDA related to cooperative extension programs.
    (2) Related to economic research and statistical reporting. (i) 
Final approval and issuance of the monthly crop report (7 U.S.C. 411a).
    (ii) Final action on rules and regulations for the Agricultural 
Statistics Board.

[60 FR 56393, Nov. 8, 1995, as amended at 62 FR 65593, Dec. 15, 1997; 64 
FR 40735, July 28, 1999; 65 FR 5414, Feb. 4, 2000; 65 FR 12428, Mar. 9, 
2000; 65 FR 31245, May 17, 2000; 68 FR 27437, May 20, 2003; 72 FR 12701, 
Mar. 19, 2007; 74 FR 3403, Jan. 21, 2009; 75 FR 43368, July 23, 2010]



Sec. 2.22  Under Secretary for Marketing and Regulatory Programs.

    (a) The following delegations of authority are made by the Secretary 
to the Under Secretary for Marketing and Regulatory Programs:
    (1) Related to agricultural marketing. (i) Exercise the functions of 
the Secretary of Agriculture contained in the Agricultural Marketing Act 
of 1946, as amended (7 U.S.C. 1621-1627), including payments to State 
Departments of Agriculture in connection with cooperative marketing 
service projects under section 204(b) (7 U.S.C. 1623(b)), but excepting 
matters otherwise assigned.
    (ii) Conduct marketing efficiency research and development 
activities directly applicable to the conduct of the Wholesale Market 
Development Program, specifically:
    (A) Studies of facilities and methods used in physical distribution 
of food and other farm products;
    (B) Studies designed to improve handling of all agricultural 
products as they are moved from farms to consumers; and
    (C) application of presently available scientific knowledge to the 
solution of practical problems encountered in the marketing of 
agricultural products (7 U.S.C. 1621-1627).
    (iii) Exercise the functions of the Secretary of Agriculture 
relating to the transportation activities contained in section 203(j) of 
the Agricultural Marketing Act of 1946 (7 U.S.C. 1622(j)) as amended, 
but excepting matters otherwise assigned.
    (iv) Administer transportation activities under section 201 of the 
Agricultural Adjustment Act of 1938 (7 U.S.C. 1291).
    (v) Apply results of economic research and operations analysis to 
evaluate transportation issues and to recommend revisions of current 
procedures.
    (vi) Serve as the focal point for all Department transportation 
matters including development of policies and strategies.
    (vii) Cooperate with other Departmental agencies in the development 
and recommendation of policies for inland transportation of USDA and 
CCC-owned commodities in connection with USDA programs.

[[Page 181]]

    (viii) Exercise the functions of the Secretary of Agriculture with 
respect to the following legislation:
    (A) U.S. Cotton Standards Act (7 U.S.C. 51-65);
    (B) Cotton futures provisions of the Internal Revenue Code of 1954 
(26 U.S.C. 4854, 4862-4865, 4876, and 7263);
    (C) Cotton Statistics and Estimates Act, as amended (7 U.S.C. 471-
476), except as otherwise assigned;
    (D) Naval Stores Act (7 U.S.C. 91-99);
    (E) Tobacco Inspection Act (7 U.S.C. 511-511q);
    (F) Wool Standard Act (7 U.S.C. 415b-415d);
    (G) Agricultural Marketing Agreement Act of 1937, as amended (7 
U.S.C. 601, 602, 608a-608e, 610, 612, 614, 624, 671-674);
    (H) Cotton Research and Promotion Act (7 U.S.C. 2101-2118), except 
as delegated to the Under Secretary for Farm and Foreign Agricultural 
Services in Sec. 2.16(a)(3)(x);
    (I) Export Apple and Pear Act (7 U.S.C. 581-590);
    (J) Export Grape and Plum Act (7 U.S.C. 591-599);
    (K) Titles I, II, IV, and V of the Federal Seed Act, as amended (7 
U.S.C. 1551-1575, 1591-1611);
    (L) Perishable Agricultural Commodities Act (7 U.S.C. 499a-499s);
    (M) Produce Agency Act (7 U.S.C. 491-497);
    (N) Tobacco Seed and Plant Exportation Act (7 U.S.C. 516-517);
    (O) Tobacco Statistics Act (7 U.S.C. 501-508);
    (P) Section 401(a) of the Organic Act of 1944 (7 U.S.C. 415e);
    (Q) Agricultural Fair Practices Act (7 U.S.C. 2301-2306);
    (R) Wheat Research and Promotion Act (7 U.S.C. 1292 note), except as 
delegated to the Under Secretary for Farm and Foreign Agricultural 
Services in Sec. 2.16(a)(3)(x);
    (S) Plant Variety Protection Act (7 U.S.C. 2321-2331, 2351-2357, 
2371-2372, 2401-2404, 2421-2427, 2441-2443, 2461-2463, 2481-2486, 2501-
2504, 2531-2532, 2541-2545, 2561-2569, 2581-2583), except as delegated 
to the Judicial Officer;
    (T) Subtitle B of title I and section 301(4) of the Dairy and 
Tobacco Adjustment Act of 1983 (7 U.S.C. 4501-4513, 4514(4)), except as 
delegated to the Under Secretary for Farm and Foreign Agricultural 
Services in Sec. 2.16(a)(3)(x);
    (U) Potato Research and Promotion Act (7 U.S.C. 2611-2627), except 
as delegated to the Under Secretary for Farm and Foreign Agricultural 
Services in Sec. 2.16(a)(3)(x);
    (V) [Reserved]
    (W) Egg Research and Consumer Information Act (7 U.S.C. 2701-2718), 
except as delegated to the Under Secretary for Farm and Foreign 
Agricultural Services in Sec. 2.16(a)(3)(x);
    (X) Beef Research and Information Act, as amended (7 U.S.C. 2901-
2918), except as delegated to the Under Secretary for Farm and Foreign 
Agricultural Services in Sec. Sec. 2.16(a)(1)(xiv) and (a)(3)(x);
    (Y) Wheat and Wheat Foods Research and Nutrition Education Act (7 
U.S.C. 3401-3417), except as delegated to the Under Secretary for Farm 
and Foreign Agricultural Services in
    Sec. 2.16(a)(3)(x);
    (Z) Egg Products Inspection Act relating to the Shell Egg 
Surveillance Program, voluntary laboratory analyses of egg products, and 
the Voluntary Egg Grading Program (21 U.S.C. 1031-1056);
    (AA) Section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), as 
supplemented by the Act of June 28, 1937 (15 U.S.C. 713c), and related 
legislation, except functions which are otherwise assigned relating to 
the domestic distribution and donation of agricultural commodities and 
products thereof following the procurement thereof;
    (BB) Procurement of agricultural commodities and other foods under 
section 6 of the National School Lunch Act of 1946, as amended (42 
U.S.C. 1755);
    (CC) In carrying out the procurement functions in paragraphs 
(a)(1)(viii)(AA) and (BB) of this section, the Assistant Secretary for 
Marketing and Regulatory Programs shall, to the extent practicable, use 
the commodity procurement, handling, payment and related services of the 
Farm Service Agency;
    (DD) Act of May 23, 1980, regarding inspection of dairy products for 
export (21 U.S.C. 693);
    (EE) The Pork Promotion, Research and Consumer Information Act of 
1985 (7 U.S.C. 4801-4819), except as delegated

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to the Under Secretary for Farm and Foreign Agricultural Services in 
Sec. 2.16(a)(3)(x);
    (FF) The Watermelon Research and Promotion Act (7 U.S.C. 4901-4916), 
except as delegated to the Under Secretary for Farm and Foreign 
Agricultural Services in Sec. 2.16(a)(3)(x);
    (GG) The Honey Research, Promotion, and Consumer Information Act (7 
U.S.C. 4601-4612), except as delegated to the Under Secretary for Farm 
and Foreign Agricultural Services in Sec. 2.16(a)(3)(x);
    (HH) Subtitles B and C of the Dairy Production Stabilization Act of 
1983, as amended (7 U.S.C. 4501-4513, 4531-4538);
    (II) The Floral Research and Consumer Information Act (7 U.S.C. 
4301-4319), except as delegated to the Under Secretary for Farm and 
Foreign Agricultural Services in Sec. 2.16(a)(3)(x);
    (JJ) Section 213 of the Tobacco Adjustment Act of 1983, as amended 
(7 U.S.C. 511r);
    (KK) National Laboratory Accreditation Program (7 U.S.C. 138-138i) 
with respect to laboratories accredited for pesticide residue analysis 
in fruits and vegetables and other agricultural commodities, except 
those laboratories analyzing only meat and poultry products;
    (LL) Pecan Promotion and Research Act of 1990 (7 U.S.C. 6001-6013), 
except as delegated to the Under Secretary for Farm and Foreign 
Agricultural Services in Sec. 2.16(a)(3)(x);
    (MM) Mushroom Promotion, Research, and Consumer Information Act of 
1990 (7 U.S.C. 6101-6112), except as delegated to the Under Secretary 
for Farm and Foreign Agricultural Services in Sec. 2.16(a)(3)(x);
    (NN) Lime Research, Promotion, Research, and Consumer Information 
Act of 1990 (7 U.S.C. 6201-6212), except as delegated to the Under 
Secretary for Farm and Foreign Agricultural Services in Sec. 
2.16(a)(3)(x);
    (OO) Soybean Promotion, Research, and Consumer Information Act (7 
U.S.C. 6301-6311), except as delegated to the Under Secretary for Farm 
and Foreign Agricultural Services in Sec. 2.16(a)(3)(x);
    (PP) Fluid Milk Promotion Act of 1990 (7 U.S.C. 6401-6417), except 
as delegated to the Under Secretary for Farm and Foreign Agricultural 
Services in Sec. 2.16(a)(3)(x);
    (QQ) Producer Research and Promotion Board Accountability (104 Stat. 
3927);
    (RR) Consistency with International Obligations of the United States 
(7 U.S.C. 2278);
    (SS) Organic Foods Production Act of 1990 (7 U.S.C. 6501-6522), 
provided that the Administrator, Agricultural Marketing Service, will 
enter into agreements, as necessary, with the Administrator, Food Safety 
and Inspection Service, to provide inspection services;
    (TT) Pesticide Recordkeeping (7 U.S.C. 136i-1) with the provision 
that the Administrator, Agricultural Marketing Service, will enter into 
agreements, as necessary, with other Federal agencies;
    (UU) The International Carriage of Perishable Foodstuffs Act (7 
U.S.C. 4401-4406);
    (VV) The Sheep Promotion, Research, and Information Act (7 U.S.C. 
7101-7111), except as delegated to the Under Secretary for Farm and 
Foreign Agricultural Services in Sec. 2.16(a)(3)(x); and
    (WW) The Fresh Cut Flowers and Fresh Cut Greens Promotion and 
Consumer Information Act (7 U.S.C. 6801-6814), except as delegated to 
the Under Secretary for Farm and Foreign Agricultural Services in Sec. 
2.16(a)(3)(x).
    (XX) Commodity Promotion and Evaluation (7 U.S.C. 7401);
    (YY) The Commodity Promotion, Research, and Information Act of 1996 
(7 U.S.C. 7411-7425), except as delegated to the Under Secretary for 
Farm and Foreign Agricultural Services in Sec. 2.16(a)(3)(x);
    (ZZ) The Canola and Rapeseed Research, Promotion, and Consumer 
Information Act (7 U.S.C. 7441-7452), except as delegated to the Under 
Secretary for Farm and Foreign Agricultural Services in Sec. 
2.16(a)(3)(x);
    (AAA) The National Kiwifruit Research, Promotion, and Consumer 
Information Act (7 U.S.C. 7461-7473), except as delegated to the Under 
Secretary for Farm and Foreign Agricultural Services in Sec. 
2.16(a)(3)(x);
    (BBB) The Popcorn Promotion, Research, and Consumer Information Act 
(7 U.S.C. 7481-7491), except as delegated

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to the Under Secretary for Farm and Foreign Agricultural Services in 
Sec. 2.16(a)(3)(x).
    (CCC) Farmers' Market Promotion Program (7 U.S.C. 2005).
    (DDD) National Organic Certification Cost-Share Program (7 U.S.C. 
6523).
    (EEE) Exemption of Certified Organic Products from Assessment (7 
U.S.C. 7401).
    (FFF) Country of Origin Labeling (7 U.S.C. 1638-1638(d)).
    (GGG) Hass Avocado Promotion, Research, and Consumer Information Act 
of 2000 (7 U.S.C. 7801-7813).
    (HHH) Section 7407 of the Farm Security and Rural Investment Act of 
2002 (7 U.S.C. 5925c), with respect to the collection and distribution 
of comprehensive reporting of prices relating to organically produced 
agricultural products.
    (III) Livestock Mandatory Reporting (7 U.S.C. 1635-1636i).
    (JJJ) Section 375 of the Consolidated Farm and Rural Development Act 
(7 U.S.C. 2008j).
    (KKK) Section 101 of the Specialty Crops Competitiveness Act of 2004 
(7 U.S.C. 1621 note).
    (LLL) Section 1502 of the Food, Conservation, and Energy Act of 2008 
(7 U.S.C. 8772).
    (MMM) Section 1509 of the Food, Conservation, and Energy Act of 2008 
(Pub. L. 110-246).
    (NNN) Section 10105 of the Food, Conservation, and Energy Act of 
2008 (7 U.S.C. 7655a).
    (OOO) Section 10107 of the Food, Conservation, and Energy Act of 
2008 (7 U.S.C. 1622b).
    (PPP) Section 10403 of the Food, Conservation, and Energy Act of 
2008 (7 U.S.C. 1622c).
    (ix) Furnish, on request, copies of programs, pamphlets, reports, or 
other publications for missions or programs as may otherwise be 
delegated or assigned to the Assistant Secretary for Marketing and 
Regulatory Programs, and charge user fees therefor, as authorized by 
section 1121 of the Agriculture and Food Act of 1981, as amended by 
section 1769 of the Food Security Act of 1985, 7 U.S.C. 2242a.
    (x) Collect, summarize, and publish data on the production, 
distribution, and stocks of sugar.
    (xi) Administer a program for Dairy Product Mandatory Reporting (7 
U.S.C. 1637-1637b), with the assistance of the Under Secretary for 
Research, Education, and Economics.
    (xii) Assist the Under Secretary for Farm and Foreign Agricultural 
Services with implementing section 3205 of the Food, Conservation, and 
Energy Act of 2008 (22 U.S.C. 7112 note) regarding the Consultative 
Group to Eliminate the Use of Child Labor and Forced Labor in Imported 
Agricultural Products.
    (2) Related to animal and plant health inspection. Exercise the 
functions of the Secretary of Agriculture under the following 
authorities:
    (i) Administer the Foreign Service personnel system for employees of 
the Animal and Plant Health Inspection Service in accordance with 22 
U.S.C. 3922, except that this delegation does not include the authority 
to represent the Department of Agriculture in interagency consultations 
and negotiations with other foreign affairs agencies regarding joint 
regulations, nor the authority to approve joint regulations issued by 
the Department of State relating to administration of the Foreign 
Service;
    (ii) The Terminal Inspection Act, as amended (7 U.S.C. 166);
    (iii) The Honeybee Act, as amended (7 U.S.C. 281-286);
    (iv) Section 18 of the Federal Meat Inspection Act, as amended, as 
it pertains to the issuance of certificates of condition of live animals 
intended and offered for export (21 U.S.C. 618);
    (v) The responsibilities of the United States under the 
International Plant Protection Convention;
    (vi) (Laboratory) Animal Welfare Act, as amended (7 U.S.C. 2131-
2159);
    (vii) Horse Protection Act (15 U.S.C. 1821-1831);
    (viii) 28 Hour Law, as amended (49 U.S.C. 80502);
    (ix) Export Animal Accommodation Act, as amended (46 U.S.C. 3901-
3902);
    (x) Purebred Animal Duty Free Entry Provisions of Tariff Act of June 
17, 1930, as amended (19 U.S.C. 1202, part 1, Item 100.01);
    (xi) Virus-Serum-Toxin Act (21 U.S.C. 151-159).

[[Page 184]]

    (xii) Conduct diagnostic and related activities necessary to 
prevent, detect, control or eradicate foot-and-mouth disease and other 
foreign animal diseases (21 U.S.C. 113a);
    (xiii) The Agricultural Marketing Act of 1946, sections 203, 205, as 
amended (7 U.S.C. 1622, 1624), with respect to voluntary inspection and 
certification of animal products; inspection, testing, treatment, and 
certification of animals; and a program to investigate and develop 
solutions to the problems resulting from the use of sulfonamides in 
swine;
    (xiv) Talmadge Aiken Act (7 U.S.C. 450) with respect to cooperation 
with States in control and eradication of plant and animal diseases and 
pests;
    (xv) The Federal Noxious Weed Act of 1974, as amended (7 U.S.C. 2801 
note; 2814).
    (xvi) The Endangered Species Act of 1973 (16 U.S.C. 1531-1544);
    (xvii) Executive Order 11987, 3 CFR, 1977 Comp., p. 116;
    (xviii) Section 101(d), Organic Act of 1944 (7 U.S.C. 430);
    (xix) The Swine Health Protection Act, as amended (7 U.S.C. 3801-
3813);
    (xx) Lacey Act Amendments of 1981, as amended (16 U.S.C. 3371-3378);
    (xxi) Title III (and title IV to the extent that it relates to 
activities under title III,) of the Federal Seed Act, as amended (7 
U.S.C. 1581-1610);
    (xxii) Authority to prescribe the amounts of commuted traveltime 
allowances and the circumstances under which such allowances may be paid 
to employees covered by the Act of August 28, 1950 (7 U.S.C. 2260);
    (xxiii) The Act of March 2, 1931 (7 U.S.C. 426-426b);
    (xxiv) The Act of December 22, 1987 (7 U.S.C. 426c);
    (xxv) Authority to work with developed and transitional countries on 
agricultural and related research and extension, with respect to animal 
and plant health, including providing technical assistance, training, 
and advice to persons from such countries engaged in such activities and 
the stationing of scientists of national and international institutions 
in such countries (7 U.S.C. 3291(a)(3));
    (xxvi) Authority to prescribe and collect fees under the Act of 
August 31, 1951, as amended (31 U.S.C. 9701), and sections 2508 and 2509 
of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 
136, 136a), as amended;
    (xxvii) The provisions of 35 U.S.C. 156;
    (xviii) Enter into cooperative research and development agreements 
with industry, universities, and others; institute a cash award program 
to reward scientific, engineering, and technical personnel; award 
royalties to inventors; and retain and use royalty income (15 U.S.C. 
3710a-3710c); and
    (xxix) The Alien Species Prevention and Enforcement Act of 1992 (39 
U.S.C. 3015 note).
    (xxxx) Sections 901-905 of the Federal Agriculture Improvement and 
Reform Act of 1996 (7 U.S.C. 1901 note).
    (xxxi) Plant Protection Act (Title IV, Pub. L. 106-224, 114 Stat. 
438, 7 U.S.C. 7701-7772).
    (xxxii) Animal Health Protection Act (7 U.S.C. 8301-8317).
    (xxxiii) Section 10504 of the Farm Security and Rural Investment Act 
of 2002 (7 U.S.C. 8318).
    (xxxiv) Title V of the Agricultural Risk Protection Act of 2000 (7 
U.S.C. 2279e and 2279f).
    (xxxv) The responsibilities of the United States related to 
activities of the Office of International des Epizooties.
    (xxxvi) 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)).
    (xxxvii) Section 7524 of the Food, Conservation, and Energy Act of 
2008 (21 U.S.C. 113a note), except for the suspension, revocation, or 
other impairment of a permit issued under that section.
    (xxxviii) Section 10202 of the Food, Conservation, and Energy Act of 
2008 (7 U.S.C. 7761).
    (xxxix) Section 10204 of the Food, Conservation, and Energy Act of 
2008 (7 U.S.C. 7701 note).
    (xl) Section 14216 of the Food, Conservation, and Energy Act of 2008 
(Pub. L. 110-246).
    (3) Related to grain inspection, packers and stockyards. (i) 
Exercise the authority of the Secretary of Agriculture contained in the 
U.S. Grain Standards Act, as amended (7 U.S.C. 71-87h).

[[Page 185]]

    (ii) Exercise the functions of the Secretary of Agriculture 
contained in the Agricultural Marketing Act of 1946, as amended (7 
U.S.C. 1621-1627), relating to inspection and standardization activities 
relating to grain.
    (iii) Administer the Packers and Stockyards Act, as amended and 
supplemented (7 U.S.C. 181-229).
    (iv) Enforce provisions of the Consumer Credit Protection Act (15 
U.S.C. 1601-1655, 1681-1681t) with respect to any activities subject to 
the Packers and Stockyards Act, 1921, as amended and supplemented.
    (v) Exercise the functions of the Secretary of Agriculture contained 
in section 1324 of the Food Security Act of 1985 (7 U.S.C. 1631).
    (vi) Administer responsibilities and functions assigned to the 
Secretary in section 11006 of the Food, Conservation, and Energy Act of 
2008 (7 U.S.C. 228 note), with respect to the Packers and Stockyards 
Act, 1921.
    (4) Related to committee management. Establish and reestablish 
regional, State, and local advisory committees for activities under his 
or her authority. This authority may not be redelegated.
    (5) Related to defense and emergency preparedness. (i) Administer 
responsibilities and functions assigned under the Defense Production Act 
of 1950, as amended (50 U.S.C. App. 2061 et seq.), and title VI of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5195 et seq.), concerning protection of livestock, poultry and 
crops and products thereof from biological and chemical warfare; and 
utilization or disposal of livestock and poultry exposed to radiation.
    (ii) Title II, Subtitles B and C, of the Public Health Security and 
Bioterrorism Preparedness and Response Act of 2002 (7 U.S.C. 8401 note, 
8401, 8411).
    (6) Related to biotechnology. Coordinate the development and 
carrying out by Department agencies of all matters and functions 
pertaining to the Department's regulation of biotechnology, and act as 
liaison on all matters and functions pertaining to the regulation of 
biotechnology between agencies within the Department and between the 
Department and governmental and private organizations. Provided, that 
with respect to biotechnology matters affecting egg products, the 
Assistant Secretary shall consult and coordinate activities of 
Department agencies with the Under Secretary for Food Safety.
    (7) Related to environmental response. With respect to land and 
facilities under his or her authority, exercise the functions delegated 
to the Secretary by Executive Order 12580, 3 CFR, 1987 Comp., p. 193, 
under the following provisions of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (``the Act''), as 
amended:
    (i) Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a), 
(b), and (c)(4)), with respect to removal and remedial actions in the 
event of release or threatened release of a hazardous substance, 
pollutant, or contaminant into the environment;
    (ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with 
respect to information gathering and access requests and orders; 
compliance with Federal health and safety standards and wage and labor 
standards applicable to covered work; and emergency procurement powers;
    (iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with 
respect to the reduction of exposure to significant risk to human 
health;
    (iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to 
the acquisition of real property and interests in real property required 
to conduct a remedial action;
    (v) The first two sentences of section 105(d) of the Act (42 U.S.C. 
9605(d)), with respect to petitions for preliminary assessment of a 
release or threatened release;
    (vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to 
consideration of the availability of qualified minority firms in 
awarding contracts, but excluding that portion of section 105(f) 
pertaining to the annual report to Congress;
    (vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the 
assessment of civil penalties for violations of section 122 of the Act 
(42 U.S.C. 9622), and the granting of awards to individuals providing 
information;

[[Page 186]]

    (viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect 
to the designation of officials who may obligate money in the Hazardous 
Substances Superfund;
    (ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to 
establishing an administrative record upon which to base the selection 
of a response action and identifying and notifying potentially 
responsible parties;
    (x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to 
preliminary assessment and site inspection of facilities;
    (xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and (c)), 
with respect to public participation in the preparation of any plan for 
remedial action and explanation of variances from the final remedial 
action plan for any remedial action or enforcement action, including any 
settlement or consent decree entered into;
    (xii) Section 119 of the Act (42 U.S.C. 9119), with respect to 
indemnifying response action contractors;
    (xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to 
cleanup standards; and
    (xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to 
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C. 
9622(b)(1)), related to mixed funding agreements.
    (8) Related to compliance with environmental laws. With respect to 
facilities and activities under his or her authority, to exercise the 
authority of the Secretary of Agriculture pursuant to section 1-102 
related to compliance with applicable pollution control standards and 
section 1-601 of Executive Order 12088, 3 CFR, 1978 Comp., p. 243, to 
enter into an inter-agency agreement with the United States 
Environmental Protection Agency, or an administrative consent order or a 
consent judgment in an appropriate State, interstate, or local agency, 
containing a plan and schedule to achieve and maintain compliance with 
applicable pollution control standards established pursuant to the 
following:
    (i) Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act, as further amended by the Hazardous and 
Solid Waste Amendments, and the Federal Facility Compliance Act (42 
U.S.C. 6901 et seq.);
    (ii) Federal Water Pollution Prevention and Control Act, as amended 
(33 U.S.C. 1251 et seq.);
    (iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.);
    (iv) Clean Air Act, as amended (42 U.S.C. 7401 et seq.);
    (v) Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq.);
    (vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601 et 
seq.);
    (vii) Federal Insecticide, Fungicide, and Rodenticide Act, as 
amended (7 U.S.C. 136 et seq.); and
    (viii) Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended by the Superfund Amendments and 
Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.).
    (9) Related to the Capper-Volstead Act. Serve as a member of the 
Capper-Volstead Act Committee to identify cases of undue price 
enhancement by associations of producers and issue complaints requiring 
such associations to show cause why an order should not be made 
directing them to cease and desist from monopolization or restraint of 
trade (7 U.S.C. 292).
    (10) Related to hazardous materials management. (i) Serve on the 
USDA Hazardous Materials Policy Council.
    (ii) Recommend actions and policies that enable USDA agencies under 
his or her authority to comply with the intent, purposes, and standards 
of environmental laws for pollution prevention, control, and abatement.
    (iii) Consult with the United States Environmental Protection Agency 
and other appropriate Federal agencies in developing pollution 
prevention, control, and abatement policies and programs relating to 
agencies under his or her authority.
    (b) The following authorities are reserved to the Secretary of 
Agriculture:
    (1) Relating to agricultural marketing.
    (i) Promulgation, with the Secretary of the Treasury of joint 
regulations under section 402(b) of the Federal Seed Act, as amended (7 
U.S.C. 1592(b)).
    (ii) Appoint members of the National Dairy Promotion and Research 
Board established by section 113(b) of the

[[Page 187]]

Dairy and Tobacco Adjustment Act of 1983 (7 U.S.C. 4504(b)).
    (iii) Appoint members of the National Processor Advertising and 
Promotion Board established by section 1999H(b)(4) of the Fluid Milk 
Promotion Act of 1990 (7 U.S.C. 6407(b)).
    (iv) Appoint members of the Cotton Board established by section 7(a) 
of the Cotton Research and Promotion Act, as amended (7 U.S.C. 2106(a));
    (v) Appoint members of the Egg Board established by section 8(a) of 
the Egg Research and Consumer Information Act (7 U.S.C. 2707(a));
    (vi) Appoint members of the Floraboard established by section 
1707(1) of the Floral Research and Consumer Information Act (7 U.S.C. 
4306(1));
    (vii) Appoint members of the Honey Board established by section 
7(c)(1) of the Honey Research, Promotion, and Consumer Information Act, 
as amended (7 U.S.C. 4606(c));
    (viii) Appoint members of the Lime Board established by section 
1955(b)(2) of the Lime Research, Promotion, and Consumer Information Act 
of 1990 (7 U.S.C. 6204(b));
    (ix) Appoint members of the Mushroom Council established by section 
1925(b)(1)(B) of the Mushroom Promotion, Research, and Consumer 
Information Act of 1990 (7 U.S.C. 6104(b));
    (x) Appoint members of the Pecan Marketing Board established by 
section 1910(b)(8)(E) of the Pecan Promotion and Research Act of 1990 (7 
U.S.C. 6005(b));
    (xi) Appoint members of the National Potato Promotion Board 
established by section 308(a)(4) of the Potato Research and Promotion 
Act as amended (7 U.S.C. 2617(a));
    (xii) Appoint members of the National Watermelon Promotion Board 
established by section 1647(c) of the Watermelon Research and Promotion 
Act (7 U.S.C. 4906(c));
    (xiii) Appoint members of the PromoFlor Council established by 
section 5(b) of the Fresh Cut Flowers and Fresh Cut Greens Act of 1993 
(7 U.S.C. 6804(b));
    (xiv) Appoint members of the National Kiwifruit Board established by 
section 555(c)(1) of the National Kiwifruit Research, Promotion, and 
Consumer Information Act (7 U.S.C. 7464(c));
    (xv) Appoint members of Popcorn Board established by section 
575(b)(1) of the Popcorn Promotion, Research, and Consumer Information 
Act (7 U.S.C. 7484(b));
    (xvi) Appoint members of the Wheat Industry Council established by 
section 1706(a) of the Wheat and Wheat Foods Research and Nutrition 
Education Act (7 U.S.C. 3405(a));
    (xvii) Appoint members of the Cattlemen's Beef Promotion and 
Research Board established by section 5(1) of the Beef Research and 
Information Act as amended (7 U.S.C. 2904(1));
    (xviii) Appoint members of the National Pork Board established by 
section 1619(a)(1) of the Pork Promotion, Research, and Consumer 
Information Act of 1985 (7 U.S.C. 4808(a));
    (xix) Appoint members of the United Soybean Board established by 
section 1969(b)(1) of the Soybean Promotion, Research, and Consumer 
Information Act (7 U.S.C. 6304(b));
    (xx) Appoint members of the National Sheep Promotion, Research, and 
Information Board established by section 5(b) of the Sheep Promotion, 
Research, and Information Act (7 U.S.C. 7104(b)(1);
    (xxi) Appoint members of the National Canola and Rapeseed Board 
established by section 535(b)(1) of the Canola and Rapeseed Research, 
Promotion, and Consumer Information Act (7 U.S.C. 7444(b));
    (xxii) Appoint members of boards established by section 515(b)(2)(A) 
of the Commodity Promotion, Research, and Information Act of 1996 (7 
U.S.C. 7414(b)).
    (2) Related to animal and plant health inspection. (i) Determination 
that an emergency or extraordinary emergency exists under the Animal 
Health Protection Act (7 U.S.C. 8306, 8316).
    (ii) Determination that an emergency or extraordinary emergency 
exists under the Plant Protection Act (7 U.S.C. 7715, 7772).
    (iii) Approval of requests for apportionment of reserves for the 
control of outbreaks of insects, plant diseases, and animal diseases to 
the extent necessary to meet emergency conditions (31 U.S.C. 1512).

[[Page 188]]

    (iv) The suspension, revocation, or other impairment of a permit 
issued under section 7524 of the Food, Conservation, and Energy Act of 
2008 (21 U.S.C. 113a note).

[60 FR 56393, Nov. 8, 1995, as amended at 61 FR 25776, May 23, 1996; 61 
FR 68541, Dec. 30, 1996; 62 FR 40254, July 28, 1997; 65 FR 12428, Mar. 
9, 2000; 65 FR 49471, Aug. 14, 2000; 68 FR 27439, May 20, 2003; 70 FR 
55706, Sept. 23, 2005; 74 FR 3405, Jan. 21, 2009]

    Editorial Note: At 70 FR 55706, Sept. 23, 2005, the Department of 
Agriculture published a document in the Federal Register, attempting to 
amend Sec. 2.22, by revising paragraph (a)(2)(xxxi). However, because 
of inaccurate amendatory language, this amendment could not be 
incorporated. For the convenience of the user, the language at 70 FR 
55706 is set forth as follows:



Sec. 2.22  Under Secretary for Marketing and Regulatory Programs.

    (a) * * *
    (2) * * *

                                * * * * *

    (xxxii) Plant Protection Act, as amended (7 U.S.C. 7701-7786).

                                * * * * *



Sec. 2.23  Assistant Secretary for Congressional Relations.

    (a) The following delegations of authority are made by the Secretary 
of Agriculture to the Assistant Secretary for Congressional Relations:
    (1) Related to congressional affairs. (i) Exercise responsibility 
for coordination of all congressional matters in the Department.
    (ii) Maintain liaison with the Congress and the White House on 
legislative Matters of concern to the Department.
    (2) Related to intergovernmental affairs. (i) Coordinate all 
programs involving intergovernmental affairs including State and local 
government relations and liaison with:
    (A) National Association of State Departments of Agriculture;
    (B) Office of Intergovernmental Relations (Office of Vice 
President);
    (C) Advisory Commission on Intergovernmental Relations;
    (D) Council of State Governments;
    (E) National Governors Conference;
    (F) National Association of Counties;
    (G) National League of Cities;
    (H) International City Managers Association;
    (I) U.S. Conference of Mayors; and
    (J) Such other State and Federal agencies, departments and 
organizations as are necessary in carrying out the responsibilities of 
this office.
    (ii) Maintain oversight of the activities of USDA representatives to 
the 10 Federal Regional councils.
    (iii) Serve as the USDA contact with the Advisory Commission on 
Intergovernmental Relations for implementation of OMB Circular A-85 to 
provide advance notification to state and local governments of proposed 
changes in Department programs that affect such governments.
    (iv) Act as the department representative for Federal executive 
board matters.
    (v) Serve as the official with the principal responsibility for the 
implementation of Executive Order 13175, including consultation and 
collaboration with tribal officials, and coordinate the Department's 
programs involving assistance to American Indians and Alaska Natives.
    (b) [Reserved]

[60 FR 56393, Nov. 8, 1995, as amended at 68 FR 27439, May 20, 2003; 69 
FR 34252, June 21, 2004]



Sec. 2.24  Assistant Secretary for Administration.

    (a) The following delegations of authority are made by the Secretary 
of Agriculture to the Assistant Secretary for Administration:
    (1) Related to civil rights. (i) Provide overall leadership, 
coordination, and direction for the Department's programs of civil 
rights, including program delivery, compliance, and equal employment 
opportunity, with emphasis on the following:
    (A) Actions to enforce Title VI of the Civil Rights Act of 1964, 42 
U.S.C. 2000d, prohibiting discrimination in federally assisted programs.
    (B) Actions to enforce Title VII of the Civil Rights Act of 1964, as 
amended, 42 U.S.C. 2000e, prohibiting discrimination in Federal 
employment.
    (C) Actions to enforce Title IX of the Education Amendments of 1972, 
20

[[Page 189]]

U.S.C. 1681, et seq., prohibiting discrimination on the basis of sex in 
USDA education programs and activities funded by the Department.
    (D) Actions to enforce the Age Discrimination Act of 1975, 42 U.S.C. 
6102, prohibiting discrimination on the basis of age in USDA programs 
and activities funded by the Department.
    (E) Actions to enforce section 504 of the Rehabilitation Act of 
1973, as amended, 29 U.S.C. 794, prohibiting discrimination against 
individuals with disabilities in USDA programs and activities funded or 
conducted by the Department.
    (F) Actions to enforce related Executive Orders, Congressional 
mandates, and other laws, rules, and regulations, as appropriate.
    (ii) Evaluate Departmental agency programs, activities, and impact 
statements for civil rights concerns.
    (iii) Analyze and evaluate program participation data and equal 
employment opportunity data.
    (iv) Provide leadership and coordinate Departmentwide programs of 
public notification regarding the availability of USDA programs on a 
nondiscriminatory basis.
    (v) Coordinate with the Department of Justice on matters relating to 
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), title IX of 
the Education Amendments of 1972 (20 U.S.C. 1681, et seq.), and section 
504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), 
except those matters in litigation, including administrative enforcement 
actions, which shall be coordinated by the Office of the General 
Counsel.
    (vi) Coordinate with the Department of Health and Human Services on 
matters relating to the Age Discrimination Act of 1975, 42 U.S.C. 6102, 
except those matters in litigation, including administrative enforcement 
actions, which shall be coordinated by the Office of the General 
Counsel.
    (vii) Order proceedings and hearings in the Department pursuant to 
Sec. Sec. 15.9(e) and 15.86 of this title which concern consolidated or 
joint hearings within the Department or with other Federal departments 
and agencies.
    (viii) Order proceedings and hearings in the Department pursuant to 
Sec. 15.8 of this title after the program agency has advised the 
applicant or recipient of his or her failure to comply and has 
determined that compliance cannot be secured by voluntary means.
    (ix) Issue orders to give a notice of hearing or the opportunity to 
request a hearing pursuant to part 15 of this title; arrange for the 
designation of an Administrative Law Judge to preside over any such 
hearing; and determine whether the Administrative Law Judge so 
designated will make an initial decision or certify the record to the 
Secretary of Agriculture with his or her recommended findings and 
proposed action.
    (x) Authorize the taking of action pursuant to Sec. 15.8(a) of this 
title relating to compliance by ``other means authorized by law.''
    (xi) Make determinations required by Sec. 15.8(d) of this title 
that compliance cannot be secured by voluntary means, and then take 
action, as appropriate.
    (xii) Make determinations that program complaint investigations 
performed under Sec. 15.6 of this title establish a proper basis for 
findings of discrimination, and that actions taken to correct such 
findings are adequate.
    (xiii) Investigate (or make determinations that program complaint 
investigations establish a proper basis for final determinations), make 
final determinations on both the merits and required corrective action, 
and, where applicable, make recommendations to the Secretary that relief 
be granted under 7 U.S.C. 6998(d) notwithstanding the finality of 
National Appeals Division decisions, as to complaints filed under parts 
15a, 15b, and 15d of this title.
    (xiv) Conduct civil rights investigations and compliance reviews 
Departmentwide.
    (xv) Develop regulations, plans, and procedures necessary to carry 
out the Department's civil rights programs, including the development, 
implementation, and coordination of Action Plans.
    (xvi) Related to Equal Employment Opportunity (EEO). Designate the 
Department's Director of Equal Employment Opportunity with authority:
    (A) To perform the functions and responsibilities of that position 
under 29 CFR part 1614, including the authority:

[[Page 190]]

    (1) To make changes in programs and procedures designed to eliminate 
discriminatory practices and improve the Department's EEO program.
    (2) To provide EEO services for managers and employees.
    (3) To make final agency decisions on EEO complaints by Department 
employees or applicants for employment and order such corrective 
measures in such complaints as may be considered necessary, including 
the recommendation for such disciplinary action as is warranted when an 
employee has been found to have engaged in a discriminatory practice.
    (B) Administer the Department's EEO program.
    (C) Oversee and manage the EEO counseling function for the 
Department.
    (D) Process formal EEO complaints by employees or applicants for 
employment.
    (E) Investigate Department EEO complaints and make final decisions 
on EEO complaints, except in those cases where the Assistant Secretary 
for Administration (or a person in the immediate office of the Assistant 
Secretary for Administration) or the Assistant Secretary for Civil 
Rights (or a person directly supervised by the Assistant Secretary for 
Civil Rights) has participated in the events that gave rise to the 
matter.
    (F) Order such corrective measures in EEO complaints as may be 
considered necessary, including the recommendation for such disciplinary 
action as is warranted when an employee has been found to have engaged 
in a discriminatory practice.
    (G) Provide liaison on EEO matters concerning complaints and appeals 
with the Department agencies and Department employees.
    (H) Conduct EEO evaluations and develop policy regarding EEO 
programs.
    (I) Provide liaison on EEO programs and activities with the Equal 
Employment Opportunity Commission and the Office of Personnel 
Management.
    (xvii) Administer the discrimination appeals and complaints program 
for the Department, including all formal individual or group appeals, 
where the system provides for an avenue of redress to the Department 
level, Equal Employment Opportunity Commission, or other outside 
authority.
    (xviii) Make final determinations, or enter into settlement 
agreements, on discrimination complaints in federally conducted programs 
subject to the Equal Credit Opportunity Act. This delegation includes 
the authority to make compensatory damage awards whether pursuant to a 
final determination or in a settlement agreement under the authority of 
the Equal Credit Opportunity Act and the authority to obligate agency 
funds, including Commodity Credit Corporation and Federal Crop Insurance 
Corporation funds to satisfy such an award.
    (xix) Make final determinations in proceedings under part 15f of 
this title where review of an administrative law judge decision is 
undertaken.
    (xx) Provide civil rights and equal employment opportunity support 
services, with authority to take actions required by law or regulation 
to perform such services for:
    (A) The Secretary of Agriculture.
    (B) The general officers of the Department.
    (C) The offices and agencies reporting to the Assistant Secretary 
for Administration.
    (D) Any other offices or agencies of the Department as may be 
agreed.
    (xxi) Redelegate, as appropriate, any authority delegated under 
paragraph (a)(1) to general officers of the Department and heads of 
Departmental agencies.
    (2) Related to information technology and information resources.
    (i) [Reserved]
    (ii) Oversee all information technology and information resource 
management activities relating to the programs and operations of the 
Department and component agencies. This oversight includes approving 
information technology investments, monitoring and evaluating the 
performance of those investments and information resource management 
activities, approval of all architectures and components thereto and 
determining whether to continue, modify, or terminate an information 
technology program or project.
    (iii) Provide advice and other assistance to the Secretary and other 
senior

[[Page 191]]

management personnel to ensure that information technology is acquired 
and managed for the Department consistent with chapter 35 of title 44, 
United States Code (Coordination of Federal Information Policy).
    (iv) Develop, implement, and maintain a sound and integrated 
Department-wide information technology architecture.
    (v) Promote the effective and efficient design and operation of all 
major information resources management processes for the Department, 
including improvements to work processes of the Department.
    (vi) Approve the acquisition or procurement of information 
technology resources by, or on behalf of, any Department agency or 
office.
    (vii) Collaborate with Department procurement personnel with respect 
to information technology acquisition strategy and policy.
    (viii) Designate the Major Information Technology Systems Executive 
in USDA to integrate and unify the management process for the 
Department's major information technology system acquisitions and to 
monitor implementation of the policies and practices set forth in Office 
of Management and Budget (OMB) Circular No. A-109, Major Systems 
Acquisitions, for information technology. This includes the authority 
to:
    (A) Ensure that OMB Circular No. A-109 is effectively implemented 
for information technology systems in the Department and that the 
management objectives of the Circular are realized.
    (B) Review the program management of each major information 
technology system acquisition.
    (C) Approve the appointment of the program manager for each major 
information technology systems acquisition.
    (D) Designate any Departmental information technology acquisition as 
a major system acquisition under OMB Circular No. A-109.
    (ix) On an annual basis:
    (A) Assess Department-wide personnel requirements regarding 
knowledge and skill in information resources management, and the 
adequacy of such requirements, to achieve the performance goals 
established for information resources management.
    (B) Develop strategies and specific plans for hiring, training, and 
professional development at the executive and management level to meet 
personnel information technology personnel requirements.
    (C) Report to the Secretary on progress made in improving 
information resources management capability.
    (x) Designate the senior official to carry out the responsibilities 
of the Department under chapter 35 of title 44, United States Code 
(Coordination of Federal Information Policy), including:
    (A) Ensure that the information policies, principles, standards, 
guidelines, rules and regulations prescribed by OMB are appropriately 
implemented within the Department.
    (B) Review proposed Department reporting and record keeping 
requirements, including those contained in rules and regulations, to 
ensure that they impose the minimum burden upon the public and have 
practical utility for the Department.
    (C) Develop and implement procedures for assessing the burden to the 
public and costs to the Department of information requirements contained 
in proposed legislation affecting Department programs.
    (D) Assist OMB in the performance of its functions assigned under 
the E-Government Act of 2002 (Pub. L. 107-347), including review of 
Department and Agency activities for compliance.
    (E) Assist OMB in the performance of its functions assigned under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), including 
review of Department and Agency activities for compliance.
    (xi) The Assistant Secretary for Administration is also responsible 
for the following:
    (A) Provide Department-wide guidance and direction in planning, 
developing, documenting, and managing applications software projects in 
accordance with Federal and Department information processing standards, 
procedures, and guidelines.
    (B) Provide Department-wide guidance and direction in all aspects of 
information technology, including: Feasibility studies; economic 
analyses;

[[Page 192]]

systems design; acquisition of equipment, software, services, and 
timesharing arrangements; systems installation; systems performance and 
capacity evaluation; information technology investment governance; 
cybersecurity; and privacy. Monitor these activities for agencies' major 
systems development efforts to assure effective and economic use of 
resources and compatibility among systems of various agencies when 
required.
    (C) Manage the Enterprise Data Centers, including setting rates to 
recover the cost of goods and services within approved policy and 
funding levels; and oversee the delivery of Enterprise Data Center goods 
and services, with authority to take actions required by law or 
regulation to perform such services for:
    (1) The Secretary of Agriculture.
    (2) The general officers of the Department.
    (3) The offices and agencies reporting to the Assistant Secretary 
for Administration.
    (4) Any other offices or agencies of the Department as may be 
agreed.
    (D) Manage a comprehensive set of end user office automation 
services, including setting rates to recover the cost of goods and 
services within approved policy and funding levels; and oversee the 
delivery of goods and services associated with end user office 
automation services, with authority to take actions required by law or 
regulation to perform such services for any offices or agencies of the 
Department as may be agreed (except for the Office of the Secretary, the 
general officers of the Department, and the agencies and offices 
reporting to the Assistant Secretary for Administration, as specified in 
Sec. 2.24(a)(11)(i)).
    (E) Manage the Agricultural Security Operations Center to enable the 
Department to effectively monitor, detect, analyze, protect, report, and 
respond against known cyber vulnerabilities, attacks, and exploitations.
    (F) Manage the Department's Certification and Accreditation process 
to ensure the Department and agencies have successfully conducted 
periodic risk assessments of its systems; grant the authority to operate 
for systems that have successfully completed the Certification and 
Accreditation process; and rescind or suspend the authority to operate 
for systems subject to repeated and/or significant security issues.
    (G) Ensure that OMB Circular No. A-16, Coordination of Geographic 
Information and Related Spatial Data Activities, is effectively 
implemented in the Department and that the management objectives of the 
Circular are realized; and provide Department-wide guidance and 
direction in governing, developing, implementing, and maintaining a 
sound and integrated geospatial architecture.
    (H) Review and evaluate information technology activities related to 
delegated functions to assure that they conform to all applicable 
Federal and Department information technology management policies, 
plans, standards, procedures, and guidelines.
    (I) Design, develop, implement, and revise systems, processes, work 
methods, and techniques to improve the management and operational 
effectiveness of information resources.
    (J) Administer the Departmental records, forms, reports and 
Directives Management Programs.
    (K) Manage all aspects of the USDA Telecommunications Program 
including planning, development, acquisition, and use of equipment and 
systems for voice, data, and communications, excluding the actual 
procurement of data transmission equipment, software, maintenance, and 
related supplies.
    (L) Manage Departmental telecommunications contracts.
    (M) Provide technical advice throughout the Department.
    (N) Implement a program for applying information resources 
management technology to improve productivity in the Department.
    (O) Plan, develop, install, and operate computer-based systems for 
message exchange, scheduling, computer conferencing, televideo 
technologies, and other applications of office automation technology 
which can be commonly used by multiple Department agencies and offices.
    (P) Represent the Department in contacts with the Government 
Accountability Office, the General Services Administration, OMB, the 
National Institute of Standards and Technology, and

[[Page 193]]

other organizations or agencies on matters related to delegated 
responsibilities.
    (xii) Implement policies established pursuant to paragraphs 
(a)(2)(ii) through (a)(2)(xi) of this section by:
    (A) Disposing of information technology that is acquired by a 
Department agency in violation of procedures or standards for the 
Department Information Systems Technology Architecture.
    (B) Establishing information technology and information resources 
management performance standards for agency Chief Information Officers, 
information resources managers, and project managers to be used in the 
performance appraisal process.
    (C) Approving the selection of agency Chief Information Officers and 
agency major information technology system project managers in 
accordance with OMB policies.
    (D) Providing recommendations to Agency Heads for the removal or 
replacement of information technology project managers, when, in the 
opinion of the Assistant Secretary for Administration, applicable laws 
and policies are being violated, or, when the cost, schedule, or 
performance of an information technology project would indicate 
management deficiencies.
    (E) Withdrawing agencies' authority to obligate funds on Information 
Technology programs or projects if the agency violates the Assistant 
Secretary for Administration policies, standards, or Department 
Information Systems Technology Architecture.
    (F) Requiring agencies to validate and verify major information 
technology systems through the use of an existing contract for such 
purpose designated by the Assistant Secretary for Administration.
    (G) Requiring approval by the Assistant Secretary for Administration 
of any proposed acquisition of information technology (whether through 
the award or modification of a procurement contract, a cooperative or 
other agreement with a non-Federal party, or an interagency agreement) 
to ensure technical conformance to the Department technical 
architecture.
    (H) Providing guidance to USDA regarding implementation of Section 
508 of the Rehabilitation Act, as well as on-going consultative 
assistance regarding information technology accessibility, and reviewing 
progress made toward achieving information technology accessibility for 
USDA employees and individuals with disabilities.
    (xiii) Related to the Privacy Act. Appoint a Department Privacy Act 
Officer; oversee general officers and agency heads in the development 
and implementation of policies issued pursuant to the provisions of the 
Privacy Act, 5 U.S.C. 552a; and provide consultation and guidance 
regarding those policies.
    (xiv) Related to the Freedom of Information Act. Designate the Chief 
Freedom of Information Act Officer for the Department; oversee general 
officers and agency heads in efficient and appropriate compliance with 
the provisions of the Freedom of Information Act (5 U.S.C. 552); monitor 
implementation of 5 U.S.C. 552 throughout the agency and keep the 
Secretary, the General Counsel, and the Attorney General informed 
regarding agency performance in its implementation; recommend to the 
Secretary necessary adjustments to agency practices, policies, 
personnel, and funding to improve implementation of 5 U.S.C. 552; review 
and report to the Attorney General, through the Secretary, as the 
Attorney General may direct; and facilitate public understanding of the 
purposes of the statutory exemptions contained in 5 U.S.C. 552.
    (3) Related to financial systems and budget formulation and 
execution.
    (i) [Reserved]
    (ii) Oversee all financial management activities relating to the 
programs and operations of the Department and component agencies.
    (iii) Develop and maintain an integrated accounting and financial 
system for the Department and component agencies, including financial 
reporting and internal controls, which--
    (A) Complies with applicable accounting principles, standards, and 
requirements, and internal control standards;
    (B) Complies with such policies and requirements as may be 
prescribed by the Director of the Office of Management and Budget (OMB);

[[Page 194]]

    (C) Complies with any other requirements applicable to such systems; 
and
    (D) Provides for complete, reliable, consistent, and timely 
information which is prepared on a uniform basis and which is responsive 
to the financial information needs of Department management and for the 
development and reporting of cost information, the integration of 
accounting and budgeting information, and the systematic measurement of 
performance.
    (iv) Make recommendations to the Secretary regarding the selection 
of the Deputy Chief Financial Officer of the Department, and selection 
of principal financial officers of component agencies of the Department.
    (v) Direct, manage, and provide policy guidance and oversight of 
Department financial management personnel, activities, and operations, 
including:
    (A) Prepare and annually revise a Departmental plan to--
    (1) Implement the 5-year financial management plan prepared by the 
Director of OMB under 31 U.S.C. 3512(a)(3).
    (2) Comply with the requirements established for agency financial 
statements under 31 U.S.C. 3515 and with the requirements for audits of 
Department financial statements established in 31 U.S.C. 3521(e) and 
(f).
    (B) Develop Departmental financial management budgets, including the 
oversight and recommendation of approval of component agency financial 
management budgets.
    (C) Recruit, select, and train personnel to carry out Departmental 
financial management functions.
    (D) Approve and manage Departmental, and approve component agency, 
financial management systems design or enhancement projects.
    (E) Implement and approve Departmental, and approve component 
agency, asset management systems, including systems for cash management, 
credit management, debt collection, and property and inventory 
management and control.
    (vi) Prepare and transmit, by not later than 60 days after the 
submission of the audit report required by 31 U.S.C. 3521(f), an annual 
report to the Secretary and the Director of OMB, which shall include:
    (A) A description and analysis of the status of financial management 
of the Department.
    (B) The annual financial statements prepared under 31 U.S.C. 3521.
    (C) The audit report transmitted to the Secretary under 31 U.S.C. 
3521.
    (D) A summary of the reports on internal accounting and 
administrative control systems submitted to the President and the 
Congress under the amendments made by the Federal Managers' Financial 
Integrity Act of 1982 (31 U.S.C. 1113, 3512).
    (E) Other information the Secretary considers appropriate to inform 
fully the President and the Congress concerning the financial management 
of the Department.
    (vii) Monitor the financial execution of the budget of the 
Department in relation to projected and actual expenditures, and prepare 
and submit to the Secretary timely performance reports.
    (viii) Review, on a biennial basis, the fees, royalties, rent, and 
other charges imposed by the Department for services and things of value 
it produces, and make recommendations on revising those charges to 
reflect costs incurred by the Department in providing those services and 
things of value.
    (ix) Access all records, reports, audits, reviews, documents, 
papers, recommendations, or other material that are the property of the 
Department or that are available to the Department, and that relate to 
programs and operations with respect to which the Chief Financial 
Officer has responsibilities, except that this grant allows no access 
greater than that permitted under any other law to records, reports, 
audits, reviews, documents, papers, recommendations, or other material 
of the Office of Inspector General.
    (x) Request such information or assistance as may be necessary for 
carrying out the duties and responsibilities granted by the Chief 
Financial Officers Act of 1990 (Pub. L. 101-576), from any Federal, 
State, or local governmental entity.
    (xi) To the extent and in such amounts as may be provided in advance 
by appropriations acts, enter into contracts and other arrangements with 
public agencies and with private persons for the preparation of 
financial

[[Page 195]]

statements, studies, analyses, and other services, and make such 
payments as may be necessary to carry out the duties and prerogatives of 
the Chief Financial Officer.
    (xii) Designate the Department's Comptroller of the Department 
Working Capital Fund.
    (xiii) Establish Departmental policies, standards, techniques, and 
procedures applicable to all USDA agencies for the following areas:
    (A) Development, maintenance, review and approval of all 
departmental, and review and approval of component agency, internal 
control, fiscal, financial management and accounting systems including 
the financial aspects of payment management and property systems.
    (B) Selection, standardization, and simplification of program 
delivery processes utilizing grants, cooperative agreements and other 
forms of Federal assistance.
    (C) Review and approval of Federal assistance, internal control, 
fiscal, accounting and financial management regulations and instructions 
proposed or issued by USDA agencies for conformity with Departmental 
requirements.
    (D) Section 5301 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 862) 
as it relates to grants, loans, and licenses.
    (xiv) Establish policies related to the Department Working Capital 
Fund.
    (xv) Approve regulations, procedures and rates for goods and 
services financed through the Department Working Capital Fund which will 
impact the financial administration of the Fund.
    (xvi) Exercise responsibility and authority for operating USDA's 
financial and subsidiary management systems and related administrative 
systems including: Departmentwide payroll and personnel information 
systems, statistics, administrative payments, billings and collections, 
and related reporting systems that are either requested by the agencies 
or required by the Department.
    (xvii) Manage the National Finance Center (NFC).
    (xviii) Provide management support services for the NFC, and by 
agreement with agency heads concerned, provide such services for other 
USDA tenants housed in the same facility. As used herein, such 
management support services shall include:
    (A) Personnel services, as listed in Sec. 2.24(a)(4)(x), and 
organizational support services, with authority to take actions required 
by law or regulation to perform such services.
    (B) Procurement, property management, space management, 
communications, messenger, paperwork management, and related 
administrative services, with authority to take actions required by law 
or regulation to perform such services.
    (xix) Exercise responsibility and authority for all matters related 
to the Department's accounting and financial operations including such 
activities as:
    (A) Financial administration, including accounting and related 
activities.
    (B) Reviewing financial aspects of agency operations and proposals.
    (C) Furnishing consulting services to agencies to assist them in 
developing and maintaining accounting and financial management systems 
and internal controls, and for other purposes consistent with 
delegations in paragraph (a)(3)(xiii) of this section.
    (D) Reviewing and monitoring agency implementation of Federal 
assistance policies.
    (E) Reviewing and approving agencies' accounting systems 
documentation including related development plans, activities, and 
controls.
    (F) Monitoring agencies' progress in developing and revising 
accounting and financial management systems and internal controls.
    (G) Evaluating agencies' financial systems to determine the 
effectiveness of procedures employed, compliance with regulations, and 
the appropriateness of policies and practices.
    (H) Promulgation of Department schedule of fees and charges for 
reproductions, furnishing of copies and making searches for official 
records pursuant to the Freedom of Information Act, 5 U.S.C. 552.
    (I) Monitoring USDA implementation of section 5301 of the Anti-Drug 
Abuse Act of 1988 (21 U.S.C. 862) as it relates to grants, loans, and 
licenses.
    (xx) Establish Department and approving component agency programs,

[[Page 196]]

policies, standards, systems, techniques and procedures to improve the 
management and operational efficiency and effectiveness of the USDA 
including:
    (A) Increased use of operations research and management science in 
the areas of productivity and management.
    (B) All activities financed through the Department Working Capital 
Fund.
    (xxi) Develop Departmental policies, standards, techniques, and 
procedures for the conduct of reviews and analysis of the utilization of 
the resources of State and local governments, other Federal agencies and 
of the private sector in domestic program operations.
    (xxii) Represent the Department in contacts with OMB, General 
Services Administration, GAO, Department of the Treasury, Office of 
Personnel Management, Department of Health and Human Services, 
Department of Labor, Environmental Protection Agency, Department of 
Commerce, Congress of the United States, State and local governments, 
universities, and other public and private sector individuals, 
organizations or agencies on matters related to assigned 
responsibilities.
    (xxiii) Establish policies related to travel by USDA employees.
    (xxiv) Exercise responsibility for coordinating and overseeing the 
implementation of the Government Performance and Results Act of 1993, 
Public Law 103-62, at the Department.
    (xxv) Provide budget, accounting, fiscal and related financial 
management services, with authority to take action required by law or 
regulation to provide such services for Working Capital Funds and 
general appropriated and trust funds for:
    (A) The Secretary of Agriculture.
    (B) The general officers of the Department, except the Inspector 
General.
    (C) The offices and agencies reporting to the Assistant Secretary 
for Administration.
    (D) Any other offices and agencies of the Department as may be 
agreed.
    (xxvi) Develop, promulgate, and coordinate Department-wide policy 
concerning nonprocurement debarment and suspension.
    (xxvii) Prepare and submit to Congress reports on conferences 
sponsored or held by the Department or attended by employees of the 
Department (7 U.S.C. 2255b).
    (xxviii) Related to budget formulation and program analysis. (A) 
Designate the Department's Budget Officer and exercise general 
responsibility and authority for all matters related to the Department's 
budgeting affairs including:
    (1) Resource administration, including all phases of the 
acquisition, and distribution of funds and staff years.
    (2) Legislative and regulatory reporting and related activities.
    (B) Provide staff assistance for the Secretary, general officers, 
and other Department and agency officials.
    (C) Formulate and promulgate Departmental budgetary, legislative and 
regulatory policies and procedures.
    (D) Represent the Department in contacts with OMB, the GAO, the 
Department of the Treasury, Congressional Committees on Appropriations, 
and other organizations and agencies on matters related to his or her 
responsibility.
    (E) Coordinate and/or conduct policy and program analyses on agency 
operations and proposals to assist the Secretary, general officers and 
other Department and agency officials in formulating and implementing 
USDA policies and programs.
    (F) Review and analyze legislation, regulations, and policy options 
to determine their impact on USDA programs and policy objectives and on 
the Department's budget.
    (G) Monitor ongoing studies with significant program or policy 
implications.
    (4) Related to human resources management. (i) Formulate and issue 
Department policy, standards, rules, and regulations relating to human 
resources management.
    (ii) Provide human resources management procedural guidance and 
operational instructions.
    (iii) Set standards for human resources data systems.
    (iv) Inspect and evaluate human resources management operations and 
issue instructions or take direct action to insure conformity with 
appropriate laws, Executive Orders, Office of Personnel Management (OPM) 
rules and

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regulations, and other appropriate rules and regulations.
    (v) Exercise final authority in all human resources matters, 
including individual cases, that involve the jurisdiction of more than 
one General Officer or agency head, or otherwise as deemed appropriate.
    (vi) Receive, review, and recommend action on all requests for the 
Secretary's approval in human resources matters.
    (vii) Authorize and make final decisions on adverse actions, except 
in those cases where the Assistant Secretary for Administration has 
participated.
    (viii) Represent the Department in human resources matters in all 
contacts outside the Department.
    (ix) Exercise specific authorities in the following operational 
matters:
    (A) Waive repayment of training expenses where an employee fails to 
fulfill service agreement.
    (B) Establish or change standards and plans for awards to private 
citizens.
    (C) Execute, change, extend, or renew:
    (1) Labor-Management Agreements.
    (2) Certifications of supervisory/managerial and non-labor union 
employee and professional organizations or associations.
    (D) Represent the Department in contacts with the national offices 
of labor organizations in fulfilling the Department's national 
consultation obligations under 5 U.S.C. 7113.
    (E) Change a position (with no material change in duties) from one 
pay system to another.
    (F) Grant restoration rights, and release employees with 
administrative reemployment rights.
    (G) Authorize any mass dismissals of employees in the Washington, 
DC, metropolitan area.
    (H) Approve ``normal line of promotion'' cases in the excepted 
service where not in accordance with time-in-grade criteria.
    (I) Make the final decision on all classification appeals filed with 
the Department of Agriculture.
    (J) Authorize all employment actions (except nondisciplinary 
separations and LWOP) and classification actions for senior level and 
equivalent positions including Senior Executive Service positions and 
special authority professional and scientific positions responsible for 
carrying out research and development functions.
    (K) Authorize all employment actions (except LWOP) for the following 
positions:
    (1) Schedule C.
    (2) Non-career Senior Executive Service or equivalent.
    (3) Administrative Law Judge.
    (L) Authorize and make final decisions on adverse actions for 
positions in GS-1--15 or equivalent.
    (M) Authorize and make final decisions on adverse actions for 
positions in the career Senior Executive Service or equivalent.
    (N) Approve the details of Department employees to the White House.
    (O) Authorize adverse actions based in whole or in part on an 
allegation of violation of 5 U.S.C. chapter 73, subchapter III, for 
employees in the excepted service.
    (P) Authorize long-term training in programs which require 
Departmentwide competition.
    (Q) Initiate and take adverse action in cases involving a violation 
of the merit system.
    (R) Any other human resources operational matter.
    (x) As used in this section, the term human resources includes:
    (A) Position management.
    (B) Position classification.
    (C) Employment.
    (D) Pay administration.
    (E) Automation of human resources data and systems.
    (F) Hours of duty.
    (G) Performance management.
    (H) Promotions.
    (I) Employee development.
    (J) Incentive Programs.
    (K) Leave.
    (L) Retirement.
    (M) Human resources program management accountability and 
evaluation.
    (N) Social security.
    (O) Life insurance.
    (P) Health benefits.
    (Q) Unemployment compensation.
    (R) Labor management relations.
    (S) Intramanagement consultation.

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    (T) [Reserved]
    (U) Discipline.
    (V) Appeals.
    (W) Drug Testing Program.
    (X) Worklife Program.
    (Y) Transit Subsidy Program.
    (Z) Alternative Dispute Resolution.
    (xi) Maintain, review, and update Departmental delegations of 
authority.
    (xii) Authorize organizational changes.
    (xiii) Formulate and promulgate departmental organizational 
objectives and policies.
    (xiv) Approve coverage and waiver of individual law enforcement and 
firefighter positions under the special retirement provisions of the 
Civil Service Retirement System and the Federal Employees Retirement 
System.
    (xv) Provide for diversity and inclusion, as follows:
    (A) Establish, direct, and provide policy and oversight for a 
Departmentwide Special Emphasis Program (SEP) including: Women, African 
Americans, Hispanics, Asian/Pacific Islanders, Native Americans, 
Disabled, and Gay/Lesbian/Bisexual/Transgender.
    (B) Provide oversight and support for Departmental SEP recognition 
programs.
    (C) Direct and oversee the Department-wide SEPM Council.
    (D) Administer Federal Equal Opportunity Recruitment Program.
    (xvi) Oversee and manage the Department's administrative grievance 
program.
    (xvii) Make final decisions in those cases where an agency head has 
appealed the recommended decision of a grievance examiner.
    (xviii) Administer the administrative appeals process related to the 
inclusion of positions in the testing designated position listing in the 
Department's Drug-Free Workplace Program and designate the final appeal 
officer for that Program.
    (xix) Formulate and issue Department policy, standards, rules, and 
regulations relating to the Senior Scientific Research Service (7 U.S.C. 
7657).
    (xx) Related to conflict management. (A) Designate the senior 
official to serve as the Department Dispute Resolution Specialist under 
the Administrative Dispute Resolution Act of 1996, 5 U.S.C. 571, et 
seq., and provide leadership, direction and coordination for the 
Department's conflict prevention and resolution activities.
    (B) Issue Departmental regulations, policies, and procedures 
relating to the use of Alternative Dispute Resolution (ADR) to resolve 
employment complaints and grievances, workplace disputes, Departmental 
program disputes, and contract and procurement disputes.
    (C) Provide ADR services for:
    (1) The Secretary of Agriculture.
    (2) The general officers of the Department.
    (3) The offices and agencies reporting to the Assistant Secretary 
for Administration.
    (4) Any other office or agency of the Department as may be agreed.
    (D) Develop and issue standards for mediators and other ADR neutrals 
utilized by the Department.
    (E) Coordinate ADR activities throughout the Department.
    (F) Monitor agency ADR programs and report at least annually to the 
Secretary on the Department's ADR activities.
    (xxi) Redelegate, as appropriate, any authority delegated under 
paragraphs (a)(4)(i) through (a)(4)(xx) to general officers of the 
Department and heads of Departmental agencies.
    (xxii) Related to ethics. Provide administrative supervision for the 
Office of Ethics.
    (5) Related to small and disadvantaged business utilization. (i) In 
compliance with Public Law 95-507, the Assistant Secretary for 
Administration is designated as the Department's Director for Small and 
Disadvantaged Business Utilization. The Director of Small and 
Disadvantaged Business Utilization has specific responsibilities under 
the Small Business Act, 15 U.S.C. 644(k). These duties include being 
responsible for the following:
    (A) Administer the Department's small and disadvantaged business 
activities related to procurement contracts, minority bank deposits, and 
grants and loan activities affecting small and minority businesses 
including women-owned business, and the

[[Page 199]]

small business, small minority business and small women-owned business 
subcontracting programs.
    (B) Provide Departmentwide liaison and coordination of activities 
related to small, small disadvantaged, and women-owned businesses with 
the Small Business Administration and others in public and private 
sector.
    (C) Develop policies and procedures required by the applicable 
provision of the Small Business Act, as amended, to include the 
establishment of goals.
    (D) Implement and administer programs described under sections 8 and 
15 of the Small Business Act, as amended (15 U.S.C. 637 and 644).
    (E) In compliance with the Veterans Benefits Act of 2003 (Pub. L. 
108-183) amending the Small Business Act, implement and administer 
procurement programs for small business concerns owned and controlled by 
service-disabled veterans.
    (ii) In compliance with the Javits-Wagner-O'Day Act (41 U.S.C. 46 et 
seq.), implement and administer the Department's AbilityOne program for 
purchases from qualified nonprofit agencies for the blind or for the 
severely disabled.
    (6) Related to procurement and property management. (i) Exercise 
full Departmentwide contracting and procurement authority.
    (ii) Promulgate policies, standards, techniques, and procedures, and 
represent the Department, in the following:
    (A) Acquisition, including, but not limited to, the procurement of 
supplies, services, equipment, and construction.
    (B) Socioeconomic programs relating to contracting.
    (C) Selection, standardization, and simplification of program 
delivery processes utilizing contracts.
    (D) Acquisition, leasing, utilization, value analysis, construction, 
maintenance, and disposition of real and personal property, including 
control of space assignments.
    (E) Motor vehicle and aircraft fleet and other vehicular 
transportation.
    (F) Transportation of things (traffic management).
    (G) Prevention, control, and abatement of pollution with respect to 
Federal facilities and activities under the control of the Department 
(Executive Order 12088, ``Federal Compliance With Pollution Control 
Standards,'' 3 CFR, 1978 Comp., p. 243).
    (H) Implementation of the Uniform Relocation Assistance and Real 
Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.).
    (I) Development and implementation of sustainable operations actions 
including establishing and achieving greenhouse gas emission reduction 
goals, reducing energy intensity, increasing renewable energy use, 
increasing water efficiency, reducing petroleum use and increasing 
alternative fuel use, increasing recycling and waste diversion, 
preventing pollution, reducing use of toxic chemicals, procuring 
sustainable products and services, achieving sustainable principles for 
new and existing buildings, promoting electronic stewardship, and 
continuing environmental management system use. Maintain liaison with 
the Office of the Federal Environmental Executive, the Council on 
Environmental Quality, the Office of Management and Budget (OMB), the 
Department of Energy, and other Government agencies in these matters.
    (J) Implementation of a program for the Federal procurement of 
biobased products and of a voluntary ``USDA Certified Biobased Product'' 
labeling program (7 U.S.C. 8102).
    (K) Entering into cooperative agreements to further research 
programs in the food and agricultural sciences, related to establishing 
and implementing Federal biobased procurement and voluntary biobased 
labeling programs (7 U.S.C. 3318).
    (L) Implementation of the policies and procedures set forth in OMB 
Circular No. A-76, Performance of Commercial Activities.
    (iii) Exercise the following special authorities:
    (A) Designate the Departmental Debarring Officer to perform the 
functions of 48 CFR part 9, subpart 9.4 related to procurement 
activities, except for commodity acquisitions on behalf of the Commodity 
Credit Corporation (7 CFR part 1407); with authority to redelegate 
suspension and debarment authority for contracts awarded under

[[Page 200]]

the School Lunch and Surplus Removal Programs (42 U.S.C. 1755 and 7 
U.S.C. 612c).
    (B) Conduct liaison with the Office of the Federal Register (1 CFR 
part 16) including the making of required certifications pursuant to 1 
CFR part 18.
    (C) Maintain custody and permit appropriate use of the official seal 
of the Department.
    (D) Establish policy for the use of the official flags of the 
Secretary and the Department.
    (E) Coordinate collection and disposition of personal property of 
historical significance.
    (F) Make information returns to the Internal Revenue Service as 
prescribed by 26 U.S.C. 6050M and by 26 CFR 1.6050M-1 and such other 
Treasury regulations, guidelines or procedures as may be issued by the 
Internal Revenue Service in accordance with 26 U.S.C. 6050M. This 
includes making such verifications or certifications as may be required 
by 26 CFR 1.6050M-1 and making the election allowed by 26 CFR 1.6050M-
1(d)(5)(1).
    (G) Promulgate regulations for the management of contracting and 
procurement for information technology and telecommunication equipment, 
software, services, maintenance and related supplies.
    (H) Represent the Department in working with the Government 
Accountability Office (GAO), the General Services Administration, OMB, 
and other organizations or agencies on matters related to assigned 
responsibilities.
    (iv) Serve as the Acquisition Executive in the Department to 
integrate and unify the management process for the Department's major 
system acquisitions and to monitor implementation of the policies and 
practices set forth in OMB Circular No. A-109, Major Systems 
Acquisitions. This includes the authority to:
    (A) Ensure that OMB Circular No. A-109 is effectively implemented in 
the Department and that the management objectives of the Circular are 
realized.
    (B) Review the program management of each major system acquisition.
    (C) Designate the program manager for each major systems 
acquisition.
    (D) Designate any Departmental acquisition as a major system 
acquisition under OMB Circular No. A-109.
    (v) Pursuant to Executive Order 12931, ``Federal Procurement 
Reform,'' 3 CFR, 1994 Comp., p. 925, and sections 16, 22, and 37 of the 
Office of Federal Procurement Policy Act, as amended, 41 U.S.C. 414, 
418b, and 433, designate the Senior Procurement Executive for the 
Department and delegate responsibility for the following:
    (A) Prescribing and publishing Departmental acquisition policies, 
advisories, regulations, and procedures.
    (B) Taking any necessary actions consistent with policies, 
regulations, and procedures with respect to purchases, contracts, 
leases, agreements, and other transactions.
    (C) Designating contracting officers.
    (D) Establishing clear lines and limitations of contracting 
authority through written delegations of authority.
    (E) Approving any Departmental and component agency procurement 
systems and processes.
    (F) Managing and enhancing career development of the Department's 
acquisition workforce.
    (G) Participating in the development of Governmentwide procurement 
policies, regulations, and standards, and determining specific areas 
where Governmentwide performance standards should be established and 
applied.
    (H) Developing unique Departmental standards as required.
    (I) Overseeing the development of procurement goals, guidelines, and 
innovation.
    (J) Measuring and evaluating procurement office performance against 
stated goals.
    (K) Advising the Secretary whether goals are being achieved.
    (L) Prescribing standards for agency Procurement Executives.
    (M) Redelegating, suspending, or revoking, as appropriate, the 
authority in paragraph (a)(6)(v)(A) of this section to agency 
Procurement Executives or other qualified agency officials with no power 
of further redelegation.
    (N) Redelegating, suspending, or revoking, as appropriate, the 
authorities in paragraphs (a)(6)(v)(B), (C), (D), (F),

[[Page 201]]

and (G) of this section to agency Procurement Executives or other 
qualified agency officials with the power of further redelegation.
    (vi) Represent the Department in establishing standards for 
acquisition transactions within the electronic data interchange 
environment.
    (vii) Designate the Departmental Task Order Ombudsman pursuant to 41 
U.S.C. 253j.
    (viii) Designate the Departmental Remedy Coordination Official 
pursuant to 41 U.S.C. 255 to determine whether payment to any contractor 
should be reduced or suspended based on substantial evidence that the 
request of the contractor for advance, partial, or progress payment is 
based on fraud.
    (ix) Review and approve exemptions for USDA contracts, subcontracts, 
grants, agreements, and loans from the requirements of the Clean Air 
Act, as amended (42 U.S.C. 7401, et seq.), the Federal Water Pollution 
Control Act, as amended (33 U.S.C. 1251, et seq.), and Executive Order 
11738, ``Providing for Administration of the Clean Air Act and the 
Federal Water Pollution Control Act With Respect to Federal Contracts, 
Grants, or Loans,'' 3 CFR, 1971-1975 Comp., p. 799, when he or she 
determines that the paramount interest of the United States so requires 
as provided in these acts and Executive Order and the regulations of the 
EPA (2 CFR 1532.1140).
    (x) Transfer excess research equipment to eligible educational 
institutions or certain non-profit organizations for the conduct of 
technical and scientific education and research activities under section 
11(i) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 
U.S.C. 3710(i)) (7 CFR part 2812).
    (xi) Promulgate policy and obtain and furnish Federal excess 
personal property in accordance with section 923 of Public Law 104-127 
(7 U.S.C. 2206a), to support research, educational, technical and 
scientific activities or for related programs, to:
    (A) Any 1994 Institutions (as defined in section 532 of the Equity 
in Educational Land-Grant Status Act of 1994 (Pub. L. 103-382; 7 U.S.C. 
301 note)).
    (B) Any Institutions eligible to receive funds under the Act of 
August 30, 1890 (7 U.S.C. 321, et seq.) including Tuskegee University.
    (C) Any Hispanic-serving Institutions (as defined in sections 316(b) 
of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)).
    (xii) Make available to organizations excess or surplus computers or 
other technical equipment of the Department for the purpose of 
distribution to cities, towns, or local government entities in rural 
areas (7 U.S.C. 2206b).
    (xiii) Issue regulations and directives to implement or supplement 
the Federal Acquisition Regulations (48 CFR Chapters 1 and 4).
    (xiv) Issue regulations and directives to implement or supplement 
the Federal Property Management Regulations (41 CFR chapter 101) and the 
Federal Management Regulation (41 CFR chapter 102).
    (xv) Serve as USDA Senior Sustainability Officer under Executive 
Order 13514, ``Federal Leadership in Environmental, Energy, and Economic 
Performance'' (74 FR 52117, Oct. 8, 2009) responsible for developing and 
achieving greenhouse gas emission reduction targets, developing and 
implementing a Strategic Sustainability Performance Plan, achieving 
sustainable practice goals in Executive Order 13423, ``Strengthening 
Federal Environmental, Energy, and Transportation Management,'' 3 CFR, 
2007 Comp., p. 191, and reporting USDA's progress to OMB and the Council 
on Environmental Quality.
    (xvi) Pursuant to the Office of Federal Procurement Policy Act 
(Act), as amended (41 U.S.C. 401, et seq.), designate the Department's 
Advocate for Competition with the responsibility for section 20 of the 
Act (41 U.S.C. 418), including:
    (A) Reviewing the procurement activities of the Department.
    (B) Developing new initiatives to increase full and open 
competition.
    (C) Developing goals and plans and recommending actions to increase 
competition.
    (D) Challenging conditions unnecessarily restricting competition in 
the acquisition of supplies and services.
    (E) Promoting the acquisition of commercial items.

[[Page 202]]

    (F) Designating an Advocate for Competition for each procuring 
activity within the Department.
    (xvii) Related to compliance with environmental laws and sustainable 
operating requirements. (A) Serve as Chair of the USDA Sustainable 
Operations Council.
    (B) Represent USDA in consulting or working with the EPA, the 
Council on Environmental Quality, the Domestic Policy Council, and 
others to develop policies relating to hazardous materials management 
and Federal facilities compliance with applicable pollution control 
laws.
    (C) Monitor, review, evaluate, and oversee hazardous materials 
management program activities and compliance Department-wide.
    (D) Monitor, review, evaluate, and oversee USDA agency expenditures 
for hazardous materials management program accomplishments.
    (E) Represent USDA on the National Response Team and exercise 
responsibility for USDA response efforts for hazardous substance 
releases and oil spills pursuant to the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. 
9601, et seq.); the Clean Water Act, as amended (33 U.S.C. 1251, et 
seq.); Oil Pollution Act, as amended (33 U.S.C. 2701, et seq.); 
Executive Order 12580, ``Superfund Implementation,'' 3 CFR, 1987 Comp., 
p. 193; Executive Order 12777, ``Implementation of section 311 of the 
Federal Water Pollution Control Act of October 18, 1972, as amended, and 
the Oil Pollution Act of 1990,'' 3 CFR, 1991 Comp., p. 351, and the 
National Oil and Hazardous Substances Contingency Plan, 40 CFR Part 300.
    (F) Approve disbursements from the New World Mine Response and 
Restoration Account, approve the New World Mine Response and Restoration 
Plan, and make quarterly reports to Congress under Sections 502(d) and 
(f) of Title V of the Department of the Interior and Related Agencies 
Appropriations Act of 1998, Public Law 105-83.
    (G) Ensure that the Hazardous Materials Management Program 
Department-wide is accomplished with regard to, and in compliance with, 
Executive Order 12898, ``Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations,'' 3 CFR, 
1994 Comp. p. 859.
    (H) Take such action as may be necessary, with the affected agency 
head and with the concurrence of the General Counsel, including issuance 
of administrative orders and agreements with any person to perform any 
response action under sections 106(a) and 122 (except subsection (b)(1)) 
of the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980, as amended (42 U.S.C. 9606(a), 9622), pursuant to sections 
4(c)(3) and 4(d)(3) of Executive Order 12580, ``Superfund 
Implementation,'' 3 CFR, 1987 Comp., p. 193, as amended by Executive 
Order 13016, ``Amendment to Executive Order No. 12580,'' 3 CFR, 1996 
Comp., p. 214.
    (I) Represent USDA on the EPA Brownfields Federal Partnership and 
coordinate USDA support for Brownfields redevelopment and establish 
policy and guidance for the implementation of the June 2003 amendment to 
Executive Order 12580, ``Superfund Implementation,'' 3 CFR, 1987 Comp., 
p. 193 (Executive Order 13308, ``Further Amendment to Executive Order 
12580, As Amended, Superfund Implementation,'' 3 CFR, 2003 Comp., p. 
239).
    (xviii) Related to occupational safety and health. (A) Establish 
Departmentwide safety and health policy and provide leadership in the 
development, coordination, and implementation of related standards, 
techniques, and procedures, and represent the Department in complying 
with laws, Executive Orders and other policy and procedural issuances 
related to occupational safety and health and workers' compensation 
programs within the Department.
    (B) Represent the Department in all rulemaking, advisory, or 
legislative capacities on any groups, committees, or Governmentwide 
activities that affect the Department's Occupational Safety and Health 
Management Program; and serve as the USDA Designated Safety and Health 
Official.
    (C) Determine and provide Departmentwide technical services and 
regional staff support for the safety and health programs.
    (D) Administer the computerized management information systems for

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the collection, processing and dissemination of data related to the 
Department's occupational safety and health programs.
    (E) Administer the Department's Occupational Health and Preventive 
Medicine Program, as well as design and operate employee assistance and 
workers' compensation activities.
    (F) Provide education and training on a Departmentwide basis for 
safety and health-related issues and develop resource and operational 
manuals.
    (7) Related to advocacy and outreach. (i) Ensure that small farms 
and ranches, beginning farmers or ranchers, and socially disadvantaged 
farmers or ranchers have access to, and equitable participation in, 
programs and services of the Department pursuant to section 226B(c) of 
the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 
6934(c)).
    (ii) Oversee the Advisory Committee for Beginning Farmers and 
Ranchers.
    (iii) Oversee the operations of the Office of Small Farms 
Coordination.
    (iv) Administer section 2501 of the Food, Agriculture, Conservation, 
and Trade Act of 1990 (7 U.S.C. 2279), except for authorities related to 
the Census of Agriculture and economic studies in subsection (h) of that 
section.
    (v) Establish and oversee the Minority Farmer Advisory Committee 
pursuant to section 14008 of FCEA (7 U.S.C. 2279 note).
    (vi) Administer the low-income migrant and seasonal farmworker 
grants program under section 2281 of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (42 U.S.C. 5177a).
    (vii) Consult with appropriate entities regarding integration of 
farmworker interests into Department programs, including assisting 
farmworkers in becoming agricultural producers or landowners, and 
research, program improvements, and agricultural education opportunities 
for low-income and migrant seasonal farmworkers.
    (viii) Administer the grants program under section 14204 of FCEA (7 
U.S.C. 2008q-1) to improve the supply, stability, safety, and training 
of the agricultural labor force.
    (ix) Administer and coordinate a USDA outreach program in 
collaboration with USDA agencies.
    (x) Administer section 2501A of the Food, Agriculture, Conservation, 
and Trade Act of 1990 (7 U.S.C. 2279-1), including the authority to 
coordinate Department policy for the issuance of receipts under 
subsection (e) of that section.
    (xi) Provide strategic planning and performance measurement, 
coordinate outreach activities, monitor goals and objectives, and 
evaluate programs, of Department programs and activities involving small 
farms or ranches and beginning or socially disadvantaged farmers or 
ranchers.
    (xii) Administer the USDA/1994 Land Grant Institutions (Tribal 
Colleges) Programs.
    (xiii) Administer the USDA/1890 Liaison Officer Program.
    (xiv) Administer the Hispanic Serving Institutions National Program.
    (8) Related to homeland security, personnel and document security, 
and emergency coordination. (i) Provide administrative supervision to 
the unit that grants, denies, or revokes security clearances for USDA 
employees and contractors.
    (ii) Administer the Department Emergency Preparedness Program. This 
includes:
    (A) Coordinate the delegations and assignments made to the 
Department under the Defense Production Act of 1950, 50 U.S.C. App. 
2061, et seq.; the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, 42 U.S.C. 5121, et seq.; and by Executive Orders 12148, 
``Federal Emergency Management,'' 3 CFR, 1979 Comp., p. 412, 12919, 
``National Defense Industrial Resources Preparedness,'' 3 CFR, 1994 
Comp., p. 901, and 12656, ``Assignment of Emergency Preparedness 
Responsibilities,'' 3 CFR, 1988 Comp., p. 585; or any successor to these 
Executive Orders, to ensure that the Department has sufficient 
capabilities to respond to any occurrence, including natural disaster, 
military attack, technological emergency, or any all hazards incident.
    (B) Manage the Department Emergency Operations Center at 
Headquarters and the Secretary's alternative facilities; provide senior 
staff with international, national, and regional situational awareness 
reports;

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and provide and maintain current information systems technology and 
National Security Systems to support USDA executive crisis management 
capability.
    (C) Provide facilities and equipment to facilitate inter-agency 
coordination during emergencies.
    (D) Activate the USDA incident management system in accordance with 
the National Response Framework and the National Incident Management 
System in the event of a major incident; and provide oversight and 
coordination of the Department's Emergency Support Functions as outlined 
in the National Response Framework.
    (E) Develop and promulgate policies for the Department regarding 
emergency preparedness and national security, including matters relating 
to anti-terrorism and agriculture-related emergency preparedness 
planning both national and international, and guidance to USDA State and 
County Emergency Boards.
    (F) Establish and provide oversight of a Department-wide training 
program for the National Incident Management System to include Incident 
Command System, National Response Framework, Continuity programs, and 
Critical Infrastructure Protection program.
    (G) Provide representation and liaison for the Department in 
contacts with other Federal entities and organizations, including the 
National Security Council, Homeland Security Council, Office of 
Management and Budget, Department of Homeland Security, Federal 
Emergency Management Agency, Office of The Director of National 
Intelligence, and Department of Defense concerning matters of a national 
security, natural disaster, other emergencies, and agriculture/food-
related international civil emergency planning and related activities.
    (H) Act as the primary USDA representative for anti-terrorism 
activities.
    (I) Develop and submit a coordinated budget request for homeland 
security requirements.
    (J) Provide guidance and direction regarding radiological emergency 
preparedness programs and the implementation of the National Response 
Framework's Nuclear/Radiological Incident Annex to Departmental staff 
offices, mission areas, and agencies.
    (K) Provide program leadership and coordination for USDA's 
radiological emergency preparedness requirements with respect to 
Emergency Management and Assistance (44 CFR parts 350-352).
    (L) Represent USDA on the Federal Radiological Preparedness 
Coordinating Committee (FRPCC) and Regional Assistance Committees (RACs) 
and assist them in carrying out their functions.
    (M) Support USDA in its management of the Department's emergency 
response program with respect to radiological emergency response 
activities.
    (iii) Provide for the personal security to the Secretary and the 
Deputy Secretary.
    (iv) Serve as the primary point of contact for Government 
Accountability Office (GAO) and Office of the Inspector General (OIG) 
audits of USDA homeland security activities.
    (v) Coordinate interaction between Department agencies and private 
sector businesses and industries in emergency planning and public 
education under Department authorities delegated or assigned under the 
National Response Framework, National Infrastructure Protection Plan, 
Defense Production Act of 1950, 50 U.S.C. App. 2061, et seq., and Robert 
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 
5121, et seq.
    (vi) Oversee the Department's ability to collect and disseminate 
information and prepare for an agricultural disease emergency, 
agroterrorist act, or other threat to agricultural biosecurity, and 
coordinate such activities among agencies and offices within the 
Department (7 U.S.C. 8912).
    (vii) Administer a funded competitive grant program to support the 
development and expansion of advanced training programs in agricultural 
biosecurity planning and response for food science professionals and 
veterinarians; administer a funded competitive grant and low-interest 
loan assistance program to assist States in assessing agricultural 
disease response capability (7 U.S.C. 8913).

[[Page 205]]

    (viii) Promulgate Departmental policies, standards, techniques, and 
procedures; and represent the Department in maintaining the security of 
physical facilities and providing security guidance to the Food and 
Agricultural Sector nationwide.
    (A) Lead and coordinate the development and maintenance of a mission 
critical facility inventory with agency involvement to ensure proper 
security countermeasures are implemented in the Department's most 
critical infrastructure.
    (B) Provide guidance to USDA agencies in matters of physical 
security through use of physical security assessments and development of 
mitigation strategies.
    (C) Provide guidance to USDA agencies and the Food and Agricultural 
Sector in matters of security through use of assessments and development 
of mitigation strategies.
    (D) Represent and act as liaison for the Department in contacts with 
other Federal security entities and organizations, including the 
Interagency Security Committee and the Department of Homeland Security.
    (E) Provide guidance and direction to ensure physical security and 
agriculture/food security are fully integrated in USDA's security 
preparations, which are reported to and coordinated with the White 
House.
    (F) Provide assistance to the USDA agencies in preparation for and 
during a disaster to identify critical assets and possible alternate 
storage locations.
    (G) Conduct physical security investigations and compliance reviews 
Department-wide.
    (H) Review and provide coordinated technical physical security 
assessments for all new construction of laboratories, data centers, 
germplasm repositories, and other mission critical infrastructure during 
the design phase, and all leased facilities prior to contract award.
    (I) Oversee and manage physical security aspects of the Common 
Identification Card (LincPass) Program to ensure National Institute of 
Standards and Technology (NIST) and General Services Administration 
(GSA) compliancy within the National Capital Region and the physical 
access to USDA facilities.
    (J) Provide enterprise connectivity to agency physical access 
control systems that provide cost leveraging and provisioning/de-
provisioning nationwide.
    (ix) Provide oversight and coordination of the development and 
administration of the Department Continuity Program. This includes:
    (A) Provide guidance and direction regarding continuity of 
operations to the Office of the Secretary, Departmental staff offices, 
mission areas, and agencies.
    (B) Represent and act as liaison for the Department in contacts with 
other Federal entities and organizations concerning matters of assigned 
continuity program responsibilities.
    (C) Oversee Department continuity of operations and emergency 
relocation facility planning, development, equipping, and preparedness 
to ensure that resources are in a constant state of readiness.
    (x) Provide for the development and administration of a Public Trust 
program for the safeguarding of national security information:
    (A) Direct and administer USDA's public trust program established 
pursuant to 5 CFR part 731 and Executive Order 13488, ``Granting 
Reciprocity on Excepted Service and Federal Contractor Employee Fitness 
and Reinvestigating Individuals in Positions of Public Trust'' (74 FR 
4111, Jan. 22, 2009).
    (B) Direct and administer USDA's program under which information is 
safeguarded pursuant to Executive Order 13526, ``Classified National 
Security Information'' (75 FR 707, Jan. 5, 2010), or subsequent orders.
    (C) Establish and maintain Information Security policies and 
procedures for classifying, declassifying, safeguarding, and disposing 
of classified national security information and materials.
    (D) Investigate or delegate authority to investigate any potential 
compromises of classified national security information and take 
corrective action for violations or infractions under section 5.5(b) of 
Executive Order 13526 or any subsequent order.

[[Page 206]]

    (E) Develop and maintain oversight of all facilities throughout USDA 
where classified national security information is or will be 
safeguarded, discussed, or processed including sole authority to liaison 
with the Central Intelligence Agency concerning guidance, approval, 
requirements, and oversight of USDA secure facilities.
    (F) Act as the USDA focal point to identify, receive, disseminate 
and safeguard USDA related intelligence information as required; convey 
information to USDA policy officials; and liaise with the intelligence 
community, as appropriate.
    (xi) Control within USDA the acquisition, use, and disposal of 
material and equipment that can be a source of ionizing radiation.
    (A) Promulgate policies and procedures for ensuring the safety of 
USDA employees, the public, and the environment resulting from USDA's 
use of ionizing radiation sources.
    (B) Maintain and ensure compliance with the Nuclear Regulatory 
Commission regulations (Title 10, Code of Federal Regulations) and 
license(s) issued to USDA for the acquisition, use, and disposal of 
radioactive materials.
    (9) Related to operations support to the Department of Agriculture 
headquarters complex, George Washington Carver Center, and leased 
facilities in the Washington metro area. (i) Provide services relating 
to facilities management and daily operational support for agencies and 
offices occupying USDA's headquarters complex, George Washington Carver 
Center, and, in coordination with the General Services Administration 
(GSA), USDA leased facilities in the Washington, DC metropolitan area, 
as well as at emergency relocation sites and certain critical facilities 
specified by the Assistant Secretary for Administration in the following 
areas:
    (A) Acquiring, leasing, utilizing, constructing, maintaining, and 
disposing of real property, including control of space assignments, and 
architecture and engineering design oversight.
    (B) Sustainable Operations leadership and management in the areas of 
internal energy efficiency, conservation and recycling in support of 
Executive Orders 13423, ``Strengthening Federal Environmental, Energy, 
and Transportation Management,'' 3 CFR, 2007 Comp., p. 193, and 13514, 
``Federal Leadership in Environmental, Energy, and Economic 
Performance'' (74 FR 52117, Oct. 8, 2009).
    (C) Occupational health, safety, and related functions; and 
environmental compliance pursuant to Executive Order 12088, ``Federal 
Compliance with Pollution Control Standards,'' 3 CFR, 1978 Comp., p. 
243, to ensure actions are taken for the prevention, control, and 
abatement of environmental pollution.
    (ii) Provide centralized Departmental business services including:
    (A) Printing, copy reproducing, offset composing, mail management 
and delivery, and automated mailing lists.
    (B) USDA Nationwide mail management policy.
    (C) Operation of a disability resource center for all USDA agencies 
in the Washington, DC metropolitan area and nationwide in the areas of 
accessible technologies and reasonable accommodations.
    (D) General supplies, shipping and receiving, warehouse and labor 
services.
    (E) Operation of a USDA Consolidated Forms and Publications 
Distribution Center for storage and nationwide distribution of USDA 
program forms and publications.
    (F) Excess personal property operations with disposition 
responsibility for all USDA agencies in the Washington, DC metropolitan 
area.
    (G) Operation of a GSA authorized Federal excess property Sales 
Center for USDA property and other government agencies in the 
Washington, DC metropolitan area via Memorandum of Understanding (MOU).
    (iii) Promulgate Departmental regulations, standards, techniques, 
and procedures and represent the Department in managing and maintaining 
a comprehensive physical and technical security program including access 
control, management of special police officer and guard services, 
executive driving, parking, ID badging in accordance with HSPD-12, 
occupant emergency and warden services at the USDA Headquarters Complex, 
George Washington Carver Center and, in coordination with GSA, USDA 
leased facilities in the Washington, DC metropolitan area, as well as at 
emergency relocation

[[Page 207]]

sites and certain critical facilities specified by the Assistant 
Secretary for Administration.
    (iv) Provide management and oversight of the Secretary's People's 
Garden initiative and the USDA Visitor's Center for education and 
outreach to USDA and the public.
    (v) Represent the Department in contacts with other organizations or 
agencies on matters related to assigned responsibilities.
    (10) Related to Secretarial correspondence. (i) Exercise 
responsibility for all correspondence control and related records 
management functions for the Office of the Secretary.
    (ii) Provide administrative, editorial, and project management 
support services to the Immediate Office of the Secretary.
    (11) Related to shared management services. (i) Provide a full range 
of services, including: Procurement of supplies, services, and 
equipment; travel support, conference management, general administrative 
support including coordination of office renovations and moves (within 
USDA Whitten Building); budget, accounting, fiscal, and related 
financial management services; information technology services related 
to end user office automation, desktop computers, enterprise networking 
support, handheld devices and voice telecommunications; with authority 
to take actions required by law or regulation to perform said services 
for:
    (A) The Secretary of Agriculture.
    (B) The general officers of the Department, except the Inspector 
General.
    (C) The offices and agencies reporting to the Assistant Secretary 
for Administration.
    (D) Any other offices or agencies of the Department as may be 
agreed.
    (ii) Prepare responses to requests under the Freedom of Information 
Act with authority to take actions as required by law or regulation for 
the offices and agencies reporting to the Assistant Secretary for 
Administration.
    (iii) Administer the records management program in support of 
Departmental Management, and prepare and coordinate responses to 
management audits by the Inspector General and the Government 
Accountability Office with authority to take actions as required by law 
or regulation for the offices and agencies reporting to the Assistant 
Secretary for Administration.
    (iv) Provide administrative and financial management support in the 
award and administration of grants, cooperative agreements, and 
Memoranda of Understanding in support of Departmental Management 
programs, with authority to take actions as required by law or 
regulation for the offices and agencies reporting to the Assistant 
Secretary for Administration.
    (v) Provide human resources operational services for the following 
(with the exception of Senior Executives, Senior Level positions, and 
Political Appointees):
    (A) The Secretary of Agriculture.
    (B) The general officers of the Department.
    (C) The offices and agencies reporting to the Assistant Secretary 
for Administration.
    (D) Any other offices and agencies of the Department as may be 
agreed.
    (12) Related to Office of Administrative Law Judges. (i) Assign, 
after appropriate consultation with other general officers, to the 
Office of Administrative Law Judges proceedings not subject to 5 U.S.C. 
556 and 557, involving the holdings of hearings and performance of 
related duties pursuant to the applicable rules of practice, when the 
Assistant Secretary for Administration determines that because of the 
nature of the proceeding it would be desirable for the proceeding to be 
presided over by an Administrative Law Judge and that such duties and 
responsibilities would not be inconsistent with those of an 
Administrative Law Judge.
    (ii) Provide administrative supervision of the Office of 
Administrative Law Judges.
    (iii) Maintain overall responsibility and control over the Hearing 
Clerk's activities which include the custody of and responsibility for 
the control, maintenance, and servicing of the original and permanent 
records of all USDA administrative proceedings conducted under the 
provisions of 5 U.S.C. 556 and 557:

[[Page 208]]

    (A) Receiving, filing and acknowledging the receipt of complaints, 
petitions, answers, briefs, arguments, and all other documents that may 
be submitted to the Secretary or the Department of Agriculture in such 
proceedings.
    (B) Receiving and filing complaints, notices of inquiry, orders to 
show cause, notices of hearing, designations of Administrative Law 
Judges or presiding officers, answers, briefs, arguments, orders, and 
all other documents that may be promulgated or issued by the Secretary 
or other duly authorized officials of the Department of Agriculture in 
such proceedings.
    (C) Supervising the service upon the parties concerned of any 
documents that are required to be served, and where required, preserving 
proof of service.
    (D) Keeping a docket record of all such documents and proceedings.
    (E) Filing a stenographic record of each administrative hearing 
where a transcript is required.
    (F) Preparing for certification and certifying under the Secretary's 
facsimile signature, material on file in the Hearing Clerk's office.
    (G) Performing any other clerical duties with respect to the 
documents relative to such proceedings as may be required to be 
performed.
    (H) Cooperating with the Office of Operations in the letting of 
contracts for stenographic and reporting services; and forwarding 
vouchers to appropriate agencies for payment.
    (I) Receiving and compiling data, views or comments filed in 
response to notices of proposed standards or rules or regulations.
    (J) Performing upon request the following services with respect to 
any hearings in such proceedings:
    (1) Arranging for suitable hearing place.
    (2) Arranging for stenographic reporting of hearings and handling 
details in connection therewith.
    (13) Other general. (i) Administer the debarment authorities in 
section 14211 of the Food, Conservation, and Energy Act of 2008 (7 
U.S.C. 2209j).
    (ii) [Reserved]
    (b) The following authorities are reserved to the Secretary of 
Agriculture:
    (1) Related to financial systems and budget formulation and 
execution. (i) Final approval of the Department's program and financial 
plans.
    (ii) [Reserved]
    (2) Related to human resources management. Make final determinations 
in the following areas:
    (i) Separation of employees for security reasons.
    (ii) Restoration to duty of employees following suspension from duty 
for security reasons.
    (iii) Reinstatement or restoration to duty or the employment of any 
person separated for security reasons.
    (iv) Issuance of temporary certificates to occupy sensitive 
positions.

[75 FR 43368, July 23, 2010]



Subpart D_Delegations of Authority to Other General Officers and Agency 
                                  Heads

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



Sec. 2.27  Office of Administrative Law Judges.

    (a) The following designations are made by the Secretary of 
Agriculture to the Office of Administrative Law Judges:
    (1) Administrative law judges (formerly hearing examiners) are 
designated pursuant to 5 U.S.C. 556(b)(3) to hold hearings and perform 
related duties in proceedings subject to 5 U.S.C. 556 and 557, arising 
under the Agricultural Marketing Agreement Act of 1937, as amended (7 
U.S.C. 601 et seq.); the Commodity Exchange Act as amended (7 U.S.C. 1 
et seq.); the Perishable Agricultural Commodities Act, as amended (7 
U.S.C. 499a et seq.); the Federal Seed Act, as amended (7 U.S.C. 1551 et 
seq.); the (Laboratory) Animal Welfare Act, as amended (7 U.S.C. 2131 et 
seq.); the Packers and Stockyards Act, 1921, as amended and supplemented 
(7 U.S.C. 181 et seq.); the Forest Resources Conservation and Shortage 
Relief of 1990 (16 U.S.C. 630 et seq.); and any other acts providing for 
hearings to which the provisions of 5 U.S.C. 556 and 557,

[[Page 209]]

are applicable. Pursuant to the applicable rules of practice, the 
administrative law judges shall make initial decisions in adjudication 
and rate proceedings subject to 5 U.S.C. 556 and 557. Such decisions 
shall become final without further proceedings unless there is an appeal 
to the Secretary by a party to the proceeding in accordance with the 
applicable rules of practice: Provided, however, that no decision shall 
be final for purposes of judicial review except a final decision of the 
Secretary upon appeal. As used herein, ``Secretary'' means the Secretary 
of Agriculture, the Judicial Officer, or other officer or employee of 
the Department delegated, pursuant to the Act of April 4, 1940 (7 U.S.C. 
450c-450g), and Reorganization Plan No. 2 of 1953 (5 U.S.C. App.), 
``regulatory functions'' as that term is defined in the 1940 Act, in 
acting as final deciding officer in adjudication and rate proceedings 
subject to 5 U.S.C. 556 and 557. Administrative Law Judges are delegated 
authority to hold hearings and perform related duties as provided in the 
Rules of Practice Governing Cease and Desist Proceedings Under Section 2 
of the Capper-Volstead Act, set forth in part 1, subpart I of this 
title.
    (2) [Reserved]
    (b) The Chief Administrative Law Judge is delegated the following 
administrative responsibilities subject to the guidance and control of 
the Assistant Secretary for Administration (See Sec. 2.24(a)(12)):
    (1) Exercise general responsibility and authority for all matters 
related to the administrative activities of the Office of Administrative 
Law Judges; and
    (2) Direct the functions of the Hearing Clerk as set out in Sec. 
2.24(a)(12)(iii).

[60 FR 56393, Nov. 8, 1995, as amended at 75 FR 43380, July 23, 2010]



Sec. 2.29  Chief Economist.

    (a) The following delegations of authority are made by the Secretary 
of Agriculture to the Chief Economist:
    (1) Related to economic analysis. (i) Coordinate economic analyses 
of, and review Department decisions involving, policies and programs 
that have substantial economic implications.
    (ii) Review and assess the economic impact of all significant 
regulations proposed by any agency of the Department.
    (iii) Review economic data and analyses used in speeches and 
Congressional testimony by Department personnel and in materials 
prepared for release through the press, radio, and television.
    (2) Related to risk assessment. (i) Responsible for assessing the 
risks to human health, human safety, or the environment, and for 
preparing cost-benefit analyses, with respect to proposed major 
regulations, and for publishing such assessments and analyses in the 
Federal Register as required by section 304 of the Department of 
Agriculture Reorganization Act of 1994 (7 U.S.C. 2204e).
    (ii) Provide direction to Department agencies in the appropriate 
methods of risk assessment and cost-benefit analyses and coordinate and 
review all risk assessments and cost-benefit analyses prepared by any 
agency of the Department.
    (iii) Enter into contracts, grants, or cooperative agreements to 
further research programs in the food and agriculture sciences (7 U.S.C. 
3318).
    (3) Related to food and agriculture outlook and situation. (i) 
Coordinate and review all crop and commodity data used to develop 
outlook and situation material within the Department.
    (ii) Oversee and clear for consistency analytical assumptions and 
results of all estimates and analyses which significantly relate to 
international and domestic commodity supply and demand, including such 
estimates and analyses prepared for public distribution by the Foreign 
Agricultural Service, the Economic Research Service, or by any other 
agency or office of the Department.
    (4) Related to weather and climate. (i) Advise the Secretary on 
climate and weather activities, and coordinate the development of policy 
options on weather and climate.
    (ii) Coordinate all weather and climate information and monitoring 
activities within the Department and provide a focal point in the 
Department for weather and climate information and impact assessment.
    (iii) Arrange for appropriate representation to attend all meetings,

[[Page 210]]

hearings, and task forces held outside the Department which require such 
representation.
    (iv) Designate the Executive Secretary of the USDA Weather and 
Climate Program Coordinating Committee.
    (5) Related to interagency commodity estimates committees. (i) 
Establish Interagency Commodity Estimates Committees for Commodity 
Credit Corporation price-supported commodities, for major products 
thereof, and for commodities where a need for such a committee has been 
identified, in order to bring together estimates and supporting analyses 
from participating agencies, and to develop official estimates of 
supply, utilization, and prices for commodities, including the effects 
of new program proposals on acreage, yield, production, imports, 
domestic utilization, price, income, support programs, carryover, 
exports, and availabilities for export.
    (ii) Designate the Chairman, who shall also act as Secretary, for 
all Interagency Commodity Estimates Committees.
    (iii) Assure that all committee members have the basic assumptions, 
background data and other relevant data regarding the overall economy 
and market prospects for specific commodities.
    (iv) Review for consistency of analytical assumptions and results 
all proposed decisions made by Commodity Estimates Committees prior to 
any release outside the Department.
    (6) Related to remote sensing. (i) Provide technical assistance, 
coordination, and guidance to Department agencies in planning, 
developing, and carrying out satellite remote sensing activities to 
assure full consideration and evaluation of advanced technology.
    (ii) Coordinate administrative, management, and budget information 
relating to the Department's remote sensing activities including:
    (A) Inter- and intra-agency meetings, correspondence, and records;
    (B) Budget and management tracking systems; and
    (C) Inter-agency contacts and technology transfer.
    (iii) Designate the Executive Secretary for the Remote Sensing 
Coordination Committee.
    (7) Related to long-range commodity and agricultural-sector 
projections. Establish committees of the agencies of the Department to 
coordinate the development of a set of analytical assumptions and long-
range agricultural-sector projections (2 years and beyond) based on 
commodity projections consistent with these assumptions and coordinated 
through the Interagency Commodity Estimates Committees.
    (8) Related to agricultural labor affairs. Exercise the following 
functions of the Secretary under the Immigration and Nationality Act 
(INA), as amended (8 U.S.C. 1101 et seq.):
    (i) Pursuant to section 214(c) of INA (8 U.S.C. 1184(c)), provide 
consultation to the Attorney General and the Secretary of Labor 
concerning the question of the importation of aliens as nonimmigrant 
temporary agricultural workers, known as ``H-2A'' workers, under 8 
U.S.C. 1101(a)(15)(H)(ii)(a);
    (ii) Pursuant to section 218(e) of the INA (8 U.S.C. 1188 note), 
provide consultation to the Attorney General and the Secretary of Labor 
concerning all regulations to implement 8 U.S.C. 101(a)(15)(H)(ii)(a) 
and 1188 providing for the importation of H-2A workers;
    (iii) Pursuant to section 210(h) of the INA (8 U.S.C. 1160(h)), 
promulgate regulations to define ``seasonal agricultural services'' for 
purposes of the Special Agricultural Worker (SAW) Program;
    (iv) Pursuant to section 210A(a) of the INA (8 U.S.C. 1161(a)), 
determine jointly with the Secretary of Labor the number (if any) of 
additional special agricultural workers, known as ``replenishment 
agricultural workers'' (RAWs), who should be admitted to the United 
States or otherwise acquire the status of aliens lawfully admitted for 
temporary residence during fiscal years 1990 through 1993 to meet a 
shortage of workers to perform seasonal agricultural services in the 
United States during each such fiscal year;
    (v) Pursuant to section 210A(a)(7) of the INA (8 U.S.C. 1161(a)(7)), 
determine jointly with the Secretary of Labor emergency requests to 
increase the shortage number;
    (vi) Pursuant to section 210A(a)(8) of the INA (8 U.S.C. 
1161(a)(8)), determine jointly with the Secretary of Labor requests to 
decrease the number of man-

[[Page 211]]

days of seasonal agricultural services required of RAWs to avoid 
deportation and for naturalization under section 210A(d)(5)(A) and (B) 
of the INA (8 U.S.C. 1161(d)(5)(A) and (B));
    (vii) Pursuant to section 210A(b)(1) of the INA (8 U.S.C. 
1161(b)(1)), calculate jointly with the Secretary of Labor and annual 
numerical limitation on the number of RAWs who may be admitted or 
otherwise acquire the status of aliens lawfully admitted for temporary 
residence during fiscal years 1990 through 1993 under section 210A(c)(1) 
of the INA (8 U.S.C. 1161(c)(1)); and
    (viii) Pursuant to section 210A(b)(2) of the INA (8 U.S.C. 
1161(b)(2)), establish jointly with the Secretary of Labor the 
information that must be reported by any person or entity who employs 
SAWs or RAWs in seasonal agricultural services during fiscal years 1989 
through 1992, and to designate jointly with the Secretary of Labor the 
official to whom the person or entity must furnish such certification.
    (9) Related to the Capper-Volstead Act. Serve as Chairman of the 
Capper-Volstead Act Committee to identify cases of undue price 
enhancement by associations of producers and issue complaints requiring 
such associations to show cause why an order should not be made 
directing them to cease and desist from monopolization or restraint of 
trade. The Chairman is authorized to call upon any agency of the 
Department for support in carrying the functions of the Committee (7 
U.S.C. 292).
    (10) Related to committee management. Establish and reestablish 
regional, state, and local advisory committees for activities under his 
or her authority. This authority may not be redelegated.
    (11) Related to energy. (i) Advise the Secretary and other policy-
level officials of the Department on energy policies and programs, 
including legislative and budget proposals.
    (ii) Serve as or designate the Department representative at 
hearings, conferences, meetings and other contacts with respect to 
energy and energy-related matters, including liaison with the Department 
of Energy, the Environmental Protection Agency and other governmental 
agencies and departments.
    (iii) Enter into contracts, grants, or cooperative agreements to 
further research programs in the food and agriculture sciences (7 U.S.C. 
3318).
    (iv) Enter into cost-reimbursable agreements relating to 
agricultural research (7 U.S.C. 3319a).
    (v) Provide Department leadership in:
    (A) Analyzing and evaluating existing and proposed energy policies 
and strategies, including those regarding the allocation of scarce 
resources;
    (B) Developing energy policies and strategies, including those 
regarding the allocation of scarce resources;
    (C) Reviewing and evaluating Departmental energy and energy-related 
programs and programs progress;
    (D) Developing agricultural and rural components of national energy 
policy plans; and
    (E) Preparing reports on energy and energy-related polices and 
programs required under Acts of Congress and Executive orders, including 
those involving testimony and reports on legislative proposals.
    (vi) Provide Departmental oversight and coordination with respect to 
resources available for energy and energy-related activities, including 
funds transferred to USDA from other departments or agencies of the 
Federal Government pursuant to interagency agreements.
    (vii) Administer a competitive biodiesel fuel education grants 
program (7 U.S.C. 8106).
    (viii) Implement a memorandum of understanding with the Secretary of 
Energy regarding cooperation in the application of hydrogen and fuel 
cell technology programs for rural communities and agricultural 
producers.
    (ix) Conduct a study on biofuels infrastructure under section 9002 
of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246).

[60 FR 56393, Nov. 8, 1995, as amended at 63 FR 66979, Dec. 4, 1998; 64 
FR 40735, July 28, 1999; 68 FR 27442, May 20, 2003; 73 FR 56706, Sept. 
30, 2008; 74 FR 3405, Jan. 21, 2009]



Sec. 2.31  General Counsel.

    The General Counsel, as the chief law officer of the Department, is 
legal adviser to the Secretary and other officials of the Department and 
responsible for providing legal services for all

[[Page 212]]

the activities of the Department. The delegations of authority by the 
Secretary of Agriculture to the General Counsel include the following:
    (a) Consider, ascertain, adjust, determine, compromise, and settle 
claims pursuant to the Federal Tort Claims Act, as amended (28 U.S.C. 
2671-2680), and the regulations of the Attorney General contained in 28 
CFR part 14; delegate the authority to consider, ascertain, adjust, 
determine, compromise, and settle, pursuant to the Federal Tort Claims 
Act as amended (28 U.S.C. 2671-2680) and the regulations of the Attorney 
General contained in 28 CFR part 14, claims less than $2500 that allege 
the negligence or wrongful act of an employee of a USDA agency; and 
consider, ascertain, adjust, determine compromise, and settle claims 
pursuant to section 920 of the Federal Agriculture Improvement and 
Reform Act of 1996, Public Law 104-127 (7 U.S.C. 2262a).
    (b) Certify documents as true copies of those on file in the 
Department.
    (c) Sign releases of claims of the United States against private 
persons for damage to or destruction of property of the department, 
except those claims cognizable under the Contract Disputes Act of 1978 
(41 U.S.C. 601 et seq.).
    (d) Responsible for the overall management and operation of the Law 
Library, furnishing complete legal and legislative library services to 
the Office of the General Counsel and the Department.
    (e) Make determinations as to whether employees of the Department 
may retain commercial rights in inventions; prepare patent applications 
and prosecute the same before the Patent Office.
    (f) Represent the Department in formal rulemaking and adjudicatory 
proceedings held in connection with the administration of the 
Department's activities, and decide whether initial decisions of the 
administrative law judges shall be appealed by the Department to the 
Secretary.
    (g) Represent the Department in connection with legal issues that 
arise in its relations with the Congress, the General Accounting Office, 
or other agencies of the Government.
    (h) Represent the Department in proceedings before the Interstate 
Commerce Commission involving freight rates on farm commodities, and in 
appeals from decisions of the Commission to the courts.
    (i) In civil actions arising out of the activities of the 
Department, present the Department's case to the Attorney General and 
U.S. attorneys and, upon request of the Department of Justice, assist in 
the preparation and trial of such cases and in the briefing and argument 
of such cases at the appellate level.
    (j) Review cases having criminal aspects and refer them to the 
Department of Justice.
    (k) Act as liaison between the Department and the Department of 
Justice.
    (l) Perform the following legal services:
    (1) Render legal opinions on questions arising in the conduct of the 
Department's activities;
    (2) Prepare or review regulations;
    (3) Draft proposed legislation;
    (4) Prepare or review contracts, mortgages, deeds, leases, and other 
documents; and
    (5) Examine titles to land to be acquired or accepted as security 
for loans.
    (m) Perform such other legal services as may be required in the 
administration of the Department's activities, including the defense 
program.
    (n) Serve as a member of the Capper-Volstead Act Committee to 
identify cases of undue price enhancement by associations of producers 
and issue complaints requiring such associations to show cause why an 
order should not be made directing them to cease and desist from 
monopolization or restraint of trade (7 U.S.C. 292).
    (o) Settle claims for damage to, or loss of, privately owned 
property pursuant to the provisions of 31 U.S.C. 3723.
    (p) Serve on the USDA Hazardous Materials Policy Council.

[60 FR 56393, Nov. 8, 1995, as amended at 61 FR 49237, Sept. 19, 1996; 
65 FR 12429, Mar. 9, 2000; 70 FR 23927, May 6, 2005; 70 FR 30610, May 
27, 2005]

[[Page 213]]



Sec. 2.33  Inspector General.

    (a) The following delegations of authority are made by the Secretary 
of Agriculture to the Inspector General:
    (1) Advise the Secretary and General officers in the planning, 
development, and execution of Department policies and programs.
    (2) At the request of the Director, Homeland Security Staff 
(Director), determine the availability of law enforcement personnel of 
the Office of Inspector General to assist the Director in providing for 
the personal security for the Secretary and the Deputy Secretary.
    (3) Serve as liaison official for the Department for all audits of 
USDA performed by the General Accounting Office.
    (4) In addition to the above delegations of authority, the Inspector 
General, under the general supervision of the Secretary, has specific 
duties, responsibilities, and authorities pursuant to the Inspector 
General Act of 1978, Pub. L. No. 95-452, 5 U.S.C. App.
    (b) The following authority is reserved to the Secretary of 
Agriculture: Approving the implementation in the Office of Inspector 
General of administrative policies or procedures that contravene 
standard USDA administrative policies as promulgated by the Assistant 
Secretary for Administration.

[60 FR 56393, Nov. 8, 1995, as amended at 72 FR 36859, July 6, 2007]



Sec. 2.34  Director, National Appeals Division.

    The Director, National Appeals Division, under the general 
supervision of the Secretary, has specific duties, responsibilities, and 
authorities pursuant to subtitle H of the Department of Agriculture 
Reorganization Act of 1994, Pub. L. No. 103-354, title II (7 U.S.C. 6991 
et seq.), including:
    (a) Deciding appeals from adverse decisions, made by an officer or 
employee of an agency of the Department designated by the Secretary, 
that are adverse to participants. The term ``agency'' shall include the 
following and any predecessor agency: the Farm Service Agency; the 
Commodity Credit Corporation (with respect to domestic programs); the 
Federal Crop Insurance Corporation; the Rural Housing Service; the Rural 
Business-Cooperative Service; the Natural Resources Conservation 
Service; and a State, county, or area committee established under 
section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16 
U.S.C. 590h(b)(5)); and
    (b) The authority to appoint such hearing officers and other 
employees as are necessary for the administration of the activities of 
the Division.
    (c) Prepare a report each year on the number of requests for 
equitable relief and the disposition of such requests for inclusion in 
the report of the Secretary to Congress on equitable relief requests 
made to the Department under farm and conservation programs (7 U.S.C. 
7996(g)(2).

[60 FR 56393, Nov. 8, 1995, as amended at 68 FR 27442, May 20, 2003]



Sec. 2.35  Judicial Officer.

    (a) Pursuant to the Act of April 4, 1940, as amended (7 U.S.C. 450c-
450g), and Reorganization Plan No. 2 of 1953 (5 U.S.C. app.), the 
Secretary of Agriculture makes the following delegations of authority to 
the Judicial Officer. The Judicial Officer is authorized to:
    (1) Act as final deciding officer in adjudicatory proceedings 
subject to 5 U.S.C. 556 and 557;
    (2) Act as final deciding officer in adjudicatory proceedings which 
are or may be subject to the ``Rules of Practice Governing Formal 
Adjudicatory Proceedings Instituted by the Secretary Under Various 
Statutes'' set forth in part 1, subpart H, of this title;
    (3) Act as final deciding officer in adjudicatory proceedings which 
are or may be subject to the ``Rules of Practice Governing Cease and 
Desist Proceedings Under Section 2 of the Capper-Volstead Act'' set 
forth in part 1, subpart I, of this title;
    (4) Act as final deciding officer in adjudicatory proceedings 
subject to the ``Procedures Related to Administrative Hearings Under the 
Program Fraud Civil Remedies Act of 1986'' set forth in part 1, subpart 
L, of this title;
    (5) Act as final deciding officer in adjudicatory proceedings 
subject to the ``Rules of Practice Governing Adjudication of Sourcing 
Area Applications and

[[Page 214]]

Formal Review of Sourcing Areas Pursuant to the Forest Resources 
Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620, et seq.)'' 
set forth in part 1, subpart M, of this title;
    (6) Act as final deciding officer in rate proceedings under the 
Packers and Stockyards Act, as amended and supplemented (7 U.S.C. 181-
229);
    (7) Act as final deciding officer in reparation proceedings under 
statutes administered by the United States Department of Agriculture;
    (8) Act as final deciding officer in appeals under section 63 of the 
Plant Variety Protection Act (7 U.S.C. 2443), and in reexamination 
proceedings under section 91 of the Plant Variety Protection Act, as 
amended (7 U.S.C. 2501);
    (9) Act as final deciding officer in adjudicatory proceedings under 
section 359i of the Agricultural Adjustment Act of 1938, as amended (7 
U.S.C. 1359ii);
    (10) Issue rules of practice applicable to proceedings conducted 
under section 359i of the Agricultural Adjustment Act of 1938, as 
amended (7 U.S.C. 1359ii);
    (11) Act as final deciding officer in adjudicatory proceedings 
subject to the ``Rules of Practice Governing Proceedings on Petitions To 
Modify or To Be Exempted From Marketing Orders'' set forth in sections 
900.50 through 900.71 of this title;
    (12) Act as final deciding officer in adjudicatory proceedings 
subject to the ``Rules of Practice Governing Proceedings on Petitions to 
Modify or To Be Exempted from Research, Promotion, and Information 
Programs'' set forth in part 1200, subpart B, of this title; and
    (13) Act as final deciding officer in adjudicatory proceedings 
subject to ``Appeals of Quality Control (`QC') Claims'' set forth in 
part 283 of this title.
    (b) The delegation of authority from the Secretary of Agriculture to 
the Judicial Officer in paragraph (a) of this section shall not be 
construed to limit the authority of the Judicial Officer to perform any 
functions, in addition to those identified in the Act of April 4, 1940, 
as amended (7 U.S.C. 450c-450g), which may be assigned by the Secretary 
of Agriculture to the Judicial Officer.
    (c) As used in this section, the term Judicial Officer shall mean 
any person or persons so designated by the Secretary of Agriculture.

[68 FR 27443, May 20, 2003, as amended at 75 FR 43380, July 23, 2010]



Sec. 2.36  Director, Office of Communications.

    (a) Delegations. The following delegations of authority are made by 
the Secretary of Agriculture to Director, Office of Communications:
    (1) Related to public affairs. (i) Advise and counsel general 
officers on public affairs matters to the Department.
    (ii) Organize and direct the activities of a public affairs office 
to include press relations of the secretary of agriculture and other 
executive functions and services for general officers of the Department.
    (2) Related to information activities. (i) Advise the secretary and 
general officers in the planning, development, and execution of 
Department policies and programs.
    (ii) Direct and coordinate the overall formulation and development 
of policies, programs, plans, procedures, standards and organization 
structures and staffing patterns for the information activities of the 
Department and its agencies, both in Washington and in the field.
    (iii) Exercise final review and approval of all public information 
material prepared by the Department and its agencies and select the most 
effective method and audience for distributing this information.
    (iv) Serve as the central public information authority in the USDA, 
with the authority to determine policy for all USDA communication 
activities and agency information activities in order to provide 
leadership and centralized operational direction for USDA and agency 
information activities so that all material shall effectively support 
USDA policies and programs, including the defense program.
    (v) Serve as the central printing authority in the USDA, with 
authority to represent the USDA with Joint Committee on Printing of the 
Congress, the Government Printing Office, and other

[[Page 215]]

Federal and State agencies on information matters.
    (vi) Cooperate with and secure the cooperation of commercial, 
industrial and other nongovernmental agencies and concerns regarding 
information work as required in the execution of the Department's 
programs.
    (vii) Plan and direct communication research and training for the 
Department and its agencies.
    (viii) [Reserved]
    (ix) Supervise and provide leadership and final clearance for the 
planning, production, and distribution of visual information material 
for the department and its agencies in Washington, D.C., and the field, 
and provide such information services as may be deemed necessary.
    (x) Maintain overall responsibility and control over the preparation 
of the ``Agricultural Decisions.''
    (xi) Administer, direct and coordinate publications and user fee 
authority granted under section 1121 of the Agriculture and Food Act of 
1981, as amended by section 1769 of the Food Security Act of 1985, 7 
U.S.C. 2242a; and publish any appropriate regulations necessary to the 
exercise of this authority.
    (b) [Reserved]

[60 FR 56393, Nov. 8, 1995, as amended at 74 FR 19373, Apr. 29, 2009]

Subpart E [Reserved]



 Subpart F_Delegations of Authority by the Under Secretary for Farm and 
                      Foreign Agricultural Services

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



Sec. 2.40  Deputy Under Secretary for Farm and Foreign Agricultural Services.

    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 and Foreign Agricultural Services, 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 and Foreign Agricultural 
Services: 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. 2.42  Administrator, Farm Service Agency.

    (a) Delegations. Pursuant to Sec. 2.16(a)(1) through (a)(4) and 
(a)(6) through (a)(8), subject to the reservations in Sec. 2.16(b)(1), 
the following delegations of authority are made by the Under Secretary 
for Farm and Foreign Agricultural Services to the Administrator, Farm 
Service Agency:
    (1) Formulate policies and administer programs authorized by the 
Agricultural Adjustment Act of 1938, as amended (7 U.S.C. 1282 et seq.).
    (2) Formulate policies and administer programs authorized by the 
Agricultural Act of 1949, as amended (7 U.S.C. 1441 et seq.), except the 
provisions of section 416(a)(1), (a)(2) and (b) of the Agricultural Act 
of 1949, as amended, unless specifically provided herein.
    (3) Coordinate and prevent duplication of aerial photographic work 
of the Department, including:
    (i) Clearing photography projects;
    (ii) Assigning symbols for new aerial photography, maintaining 
symbol records, and furnishing symbol books;
    (iii) Recording departmental aerial photography flow and 
coordinating the issuance of aerial photography status maps of latest 
coverage;
    (iv) Promoting interchange of technical information and techniques 
to develop lower costs and better quality;
    (v) Representing the Department on committees, task forces, work 
groups, and other similar groups concerned with aerial photography 
acquisition and reproduction;
    (vi) Providing a Chairperson for the Photography Sales Committee of 
the Department;
    (vii) Coordinating development, preparation, and issuance of 
specifications for aerial photography for the Department;

[[Page 216]]

    (viii) Coordinating and performing procurement, inspection, and 
application of specifications for USDA aerial photography;
    (ix) Maintaining library and files of USDA aerial film and 
retrieving and supplying reproductions on request.
    (4) Administer the Agricultural Conservation Program under title X 
of the Agricultural Act of 1970, as amended (16 U.S.C. 1501 et seq.), 
and under the Soil Conservation and Domestic Allotment Act, as amended 
(16 U.S.C. 590g et seq.).
    (5) 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 production; food processing, storage, and distribution of 
farm equipment and fertilizers. rehabilitation and use of feed, 
agricultural and related agribusiness facilities; and farm credit and 
financial assistance.
    (6) Administer the Emergency Conservation Program under the 
Agricultural Credit Act of 1978, as amended (16 U.S.C. 2201 et seq.).
    (7) Conduct fiscal, accounting and claims functions relating to CCC 
programs for which the Foreign Agricultural Service has been delegated 
authority under Sec. 2.43 and, in conjunction with other agencies of 
the U.S. Government, develop and formulate agreements to reschedule 
amounts due from foreign countries.
    (8) Conduct assigned activities under the Strategic and Critical 
Materials Stockpiling Act, as amended (50 U.S.C. 98 et seq.).
    (9) Supervise and direct Farm Service Agency State and county 
offices and designate functions to be performed by Farm Service Agency 
State and county committees.
    (10) Administer the Dairy Indemnity Program under the Act of August 
13, 1968, as amended (7 U.S.C. 450j et seq.).
    (11) Administer procurement, processing, handling, distribution, 
disposition, transportation, payment, and related services with respect 
to surplus removal and supply operations which are carried out under 
section 210 of the Agricultural Act of 1956 (7 U.S.C. 1859), the Act of 
August 19, 1958, as amended (7 U.S.C. 1431 note), and section 709 of the 
Food and Agriculture Act of 1965, as amended (7 U.S.C. 1446a-1), except 
as delegated to the Under Secretary for Food, Nutrition, and Consumer 
Services in Sec. 2.19 and to the Under Secretary for Farm and Foreign 
Agricultural Services in Sec. 2.16(a)(3), and assist the Food and 
Consumer Service and the Agricultural Marketing Service in the 
procurement, handling, payment, and related services under section 32 of 
the Act of August 24, 1935, as amended (7 U.S.C. 612c), the Act of June 
28, 1937, as amended (7 U.S.C. 713c), the National School Lunch Act, as 
amended (42 U.S.C. 1751 et seq.), section 8 of the Child Nutrition Act 
of 1966, as amended (42 U.S.C. 1777), section 311 of the Older Americans 
Act of 1965, as amended (42 U.S.C. 3030a), and section 4(a) of the 
Agriculture and Consumer Protection Act of 1973, as amended (7 U.S.C. 
612c note), and section 1114 of the Agriculture and Food Act of 1981 (7 
U.S.C. 1431e).
    (12) Administer commodity procurement and supply, transportation 
(other than from point of export, except for movement to trust 
territories or possessions), handling, payment,and related services in 
connection with programs under titles II and III of Public Law 480 (7 
U.S.C. 1691, 1701, et seq.) and section 3107 of the Farm Security and 
Rural Investment Act of 2002 (7 U.S.C. 1736o-1) (except for the 
authority under section 3107(d) to designate federal agencies that is 
reserved to the President), and payment and related services with 
respect to export programs and barter operations.
    (13) [Reserved]
    (14) Administer the Agricultural Foreign Investment Disclosure Act 
of 1978 (7 U.S.C. 3501 et seq.) except those functions delegated in 
Sec. 2.21(a)(8)(xi).
    (15) Administer energy management activities as assigned.
    (16) Conduct producer referenda of commodity promotion programs 
under the Beef Research and Information Act, as amended (7 U.S.C. 2901 
et seq.) and the Agricultural Promotion Programs Act of 1990, as amended 
(7 U.S.C. 6001 et seq.).

[[Page 217]]

    (17) Conduct field operations of diversion programs for fresh fruits 
and vegetables under section 32 of the Act of August 29, 1935.
    (18) Administer the U. S. Warehouse Act, as amended (7 U.S.C. 241-
273), and perform compliance examinations for Farm Service Agency 
programs.
    (19) [Reserved]
    (20) Formulate and carry out the Conservation Reserve Program, 
including the implementation of technical assistance, under the Food 
Security Act of 1985, as amended (16 U.S.C. 1232 et seq.).
    (21) Carry out functions relating to highly erodible land and 
wetland conservation under sections 1211-1213 and 1221-1223 of the Food 
Security Act of 1985, as amended (16 U.S.C. 3811-3813 and 3821-3823).
    (22) With respect to land and facilities under his or her authority, 
exercise the functions delegated to the Secretary by Executive Order 
12580, 3 CFR, 1987 Comp., p. 193, under the following provisions of the 
Comprehensive Environmental Response, Compensation, and Liability Act of 
1980 (``the Act''), as amended:
    (i) Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a), 
(b), and (c)(4)), with respect to removal and remedial actions in the 
event of release or threatened release of a hazardous substance, 
pollutant, or contaminant into the environment;
    (ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with 
respect to information gathering and access requests and orders; 
compliance with Federal health and safety standards and wage and labor 
standards applicable to covered work; and emergency procurement powers;
    (iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with 
respect to the reduction of exposure to significant risk to human 
health;
    (iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to 
the acquisition of real property and interests in real property required 
to conduct a remedial action;
    (v) The first two sentences of section 105(d) of the Act (42 U.S.C. 
9605(d)), with respect to petition for preliminary assessment of a 
release or threatened release;
    (vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to 
consideration of the availability of qualified minority firms in 
awarding contracts, but excluding that portion of section 105(f) 
pertaining to the annual report to Congress;
    (vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the 
assessment of civil penalties for violations of section 122 of the Act 
(42 U.S.C. 9622), and the granting of awards to individuals providing 
information;
    (viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect 
to the designation of officials who may obligate money in the Hazardous 
Substances Superfund;
    (ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to 
establishing an administrative record upon which to base the selection 
of a response action and identifying and notifying potentially 
responsible parties;
    (x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to 
preliminary assessment and site inspection of facilities;
    (xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and (c)), 
with respect to public participation in the preparation of any plan for 
remedial action and explanation of variances from the final remedial 
action plan for any remedial action or enforcement action, including any 
settlement or consent decree entered into;
    (xii) Section 119 of the Act (42 U.S.C. 9119), with respect to 
indemnifying response action contractors;
    (xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to 
cleanup standards; and
    (xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to 
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C. 
9622(b)(1)), related to mixed funding agreements.
    (23) 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

[[Page 218]]

United States Environmental Protection Agency, or an administrative 
consent order or a consent judgment in an appropriate State, interstate, 
or local agency, containing a plan and schedule to achieve and maintain 
compliance with applicable pollution control standards established 
pursuant to the following:
    (i) Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act, as further amended by the Hazardous and 
Solid Waste Amendments, and the Federal Facility Compliance Act (42 
U.S.C. 6901 et seq.);
    (ii) Federal Water Pollution Prevention and Control Act, as amended 
(33 U.S.C. 1251 et seq.);
    (iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.);
    (iv) Clean Air Act, as amended (42 U.S.C. 7401 et seq.);
    (v) Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq.);
    (vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601 et 
seq.);
    (vii) Federal Insecticide, Fungicide, and Rodenticide Act, as 
amended (7 U.S.C. 136 et seq.); and
    (viii) Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended by the Superfund Amendments and 
Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.).
    (24)-(26) [Reserved]
    (27) Formulate and administer regulations regarding program 
ineligibility resulting from convictions under Federal or State law of 
planting, cultivating, growing, producing, harvesting, or storing a 
controlled substance, as required under section 1764 of the Food 
Security Act of 1985 (21 U.S.C. 881a).
    (28) Administer the Consolidated Farm and Rural Development Act (7 
U.S.C. 1921 et seq.) except for the authority contained in the following 
sections:
    (i) [Reserved]
    (ii) Section 306 (7 U.S.C. 1926), relating to all programs in that 
section;
    (iii) Section 306A (7 U.S.C. 1926a) and Section 306B (7 U.S.C. 
1926b), relating to the Emergency Community Water Assistance Grant 
Programs;
    (iv) Section 306C (7 U.S.C. 1926c) to administer the water and waste 
facility loans and grants to alleviate health risks;
    (v) Sections 309 (7 U.S.C. 1929) and 309A (7 U.S.C. 1929a), 
regarding assets and programs related to rural development;
    (vi) Section 310A (7 U.S.C. 1931), relating to watershed and 
resource conservation and development loans;
    (vii) Section 310B (7 U.S.C. 1932), regarding various Rural 
Development programs;
    (viii) Section 312(b) (7 U.S.C. 1942(b)), relating to small business 
enterprises;
    (ix) Section 342 (7 U.S.C. 1013a);
    (x) Section 364 (7 U.S.C. 2006f), section 365 (7 U.S.C. 2008), 
section 366 (7 U.S.C. 2008a), section 367 (7 U.S.C. 2008b), and section 
368 (7 U.S.C. 2008c), regarding assets and programs related to rural 
development; and
    (xi) Administrative provisions of subtitle D of the Consolidated 
Farm and Rural Development Act related to Rural Utilities Service, Rural 
Business-Cooperative Service, and Rural Housing Service activities.
    (xii) Section 375 (7 U.S.C. 2008j), relating to the National Sheep 
Industry Improvement Center.
    (29) Collect, service, and liquidate loans made or insured by the 
Farm Service Agency, or its predecessor agencies.
    (30) Administer the Rural Rehabilitation Corporation Trust 
Liquidation Act (40 U.S.C. 440 et seq.), and trust, liquidation, and 
other agreements entered into pursuant thereto.
    (31) [Reserved]
    (32) Administer Farmers Home Administration or any successor agency 
assets conveyed in trust under the Participation Sales Act of 1966 (12 
U.S.C. 1717).
    (33) Administer the emergency loan and guarantee programs under 
sections 232, 234, 237, and 253 of the Disaster Relief Act of 1970 (Pub. 
L. No. 91-606), the Disaster Relief Act of 1969 (Pub. L. No. 91-79), 
Pub. L. No. 92-385, approved August 16, 1972, and the Emergency 
Livestock Credit Act of 1974 (Pub. L. No. 93-357), as amended.
    (34) Administer loans to homestead or desertland entrymen and 
purchasers of land in reclamation projects or to an entryman under the 
desertland law (7 U.S.C. 1006a and 1006b).
    (35) Administer the Federal Claims Collection Act of 1966, as 
amended (31

[[Page 219]]

U.S.C. 3711 et seq.), and joint regulations issued pursuant thereto by 
the Attorney General and the Comptroller General (4 CFR chapter II), 
with respect to claims of the Farm Service Agency.
    (36) Service, collect, settle, and liquidate:
    (i) Deferred land purchase obligations of individuals under the 
Wheeler-Case Act of August 11, 1939, as amended (16 U.S.C. 590y), and 
under the item, ``Water Conservation and Utilization projects'' in the 
Department of the Interior Appropriation Act, 1940 (53 Stat. 719), as 
amended;
    (ii) Puerto Rican Hurricane Relief loans under the Act of July 11, 
1956 (70 Stat. 525); and
    (iii) Loans made in conformance with section 4 of the Southeast 
Hurricane Disaster Relief Act of 1965 (79 Stat. 1301).
    (37) Administer loans to Indian tribes, tribal corporations, and 
purchasers of highly fractionated land (25 U.S.C. 488-492).
    (38) Administer the State Agricultural Loan Mediation Program under 
title 5 of the Agricultural Credit Act of 1987 (7 U.S.C. 5101 et seq.).
    (39) Administer financial assistance programs relating to Economic 
Opportunity Loans to Cooperatives under part A of title III and part D 
of title I and the necessarily related functions in title VI of the 
Economic Opportunity Act of 1964, as amended (42 U.S.C. 2763-2768, 2841-
2855, 2942, 2943(b), 2961), delegated by the Director of the Office of 
Economic Opportunity to the Secretary of Agriculture by documents dated 
October 23, 1964 (29 FR 14764), and June 17, 1968 (33 FR 9850), 
respectively.
    (40) Exercise all authority and discretion vested in the Secretary 
by section 331(c) of the Consolidated Farm and Rural Development Act, as 
amended by section 2 of the Farmers Home Administration Improvement Act 
of 1994, Pub. L. No. 103-248 (7 U.S.C. 1981(c)), including the 
following:
    (i) Determine, with the concurrence of the General Counsel, which 
actions are to be referred to the Department of Justice for the conduct 
of litigation, and refer such actions to the Department of Justice 
through the General Counsel;
    (ii) Determine, with the concurrence of the General Counsel, which 
actions are to be referred to the General Counsel, for the conduct of 
litigation and refer such actions; and
    (iii) Enter into contracts with private sector attorneys for the 
conduct of litigation, with the concurrence of the General Counsel, 
after determining that the attorneys will provide competent and cost 
effective representation for the Farm Service Agency.
    (41) [Reserved]
    (42) Administer the provisions concerning the end-use certificate 
system authorized pursuant to section 301(f) of the North American Free 
Trade Implementation Act (19 U.S.C. 3391(f)).
    (43) Determine the type and quantity of commodities that are 
available for programming under section 416(b) of the Agricultural Act 
of 1949 (7 U.S.C. 1431(b)), and the Food for Progress Act of 1985 (7 
U.S.C. 1736o), and arrange for the processing, packaging, 
transportation, handling and delivery to port of such commodities in 
connection therewith.
    (44) [Reserved]
    (45) Administer all programs of the Commodity Credit Corporation 
that provide assistance with respect to the production of agricultural 
commodities, including disaster assistance and the domestic marketing of 
such commodities, except as may otherwise be reserved by the Under 
Secretary for Farm and Foreign Agricultural Services, and similar 
programs (including commodity quality development programs) consigned by 
statute to the Secretary of Agriculture unless otherwise delegated.
    (46) Administer the following provisions of the Farm Security and 
Rural Investment Act of 2002 with respect to functions otherwise 
delegated to the Administrator, Farm Service Agency:
    (i) The equitable relief provisions of section 1613 (7 U.S.C. 7996).
    (ii) The tracking of benefits under section 1614 (7 U.S.C. 7997).
    (iii) The development of a plan and related report to coordinate 
land retirement and agricultural working land conservation programs 
under section 2005 (16 U.S.C. 3801 note).
    (47) Administer programs for Apple Loans and Emergency Loans for 
Seed

[[Page 220]]

Producers under section 203(f) and 253, respectively, of the 
Agricultural Risk Protection Act of 2000 (7 U.S.C. 1421 note, Pub. L. 
106-224).
    (48) Administer evaluations of direct and guaranteed loan programs 
under section 5301 of the Farm Security and Rural Investment Act of 2002 
(7 U.S.C. 1992 note).
    (49) Formulate and carry out the Grassroots Source Water Protection 
Program, authorized by the Food Security Act of 1985, as amended (16 
U.S.C. 3839bb-2).
    (50) Administer cooperative agreements under 7 U.S.C. 2204b(b)(4) 
with respect to conservation programs.
    (51) Administer the feedstock flexibility program for bioenergy 
producers under section 9010 of the Farm Security and Rural Investment 
Act of 2002 (7 U.S.C. 8110) and the biomass crop assistance program 
under section 9011 of that Act (7 U.S.C. 8111).
    (52) Administer those portions of the Grassland Reserve Program 
under sections 1238N-1238Q of the Food Security Act of 1985 (16 U.S.C. 
3838n-3838q) that are or become the responsibility of the Under 
Secretary for Farm and Foreign Agricultural Services.
    (53) Administer the provisions of section 1240R of the Food Security 
Act of 1985 (16 U.S.C. 3839bb-5) regarding voluntary public access and 
habitat incentives.
    (54) 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 Administrator, Farm Service Agency.
    (55) 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)).
    (56) Administer the following provisions of the Food, Conservation, 
and Energy Act of 2008, Public Law 110-246:
    (i) Section 1605 relating to quality incentive payments for covered 
oilseed producers.
    (ii) Section 1609 relating to the tracking of benefits.
    (iii) Section 1612 relating to the hard white wheat development 
program.
    (iv) Section 1613 relating to the durum wheat quality program.
    (v) Section 1621 relating to direct reimbursement payments to 
geographically disadvantaged farmers or ranchers.
    (vi) Section 10404 relating to market loss assistance for asparagus 
producers.
    (vii) Sections 12033 and 15101 relating to supplemental agricultural 
disaster assistance.
    (viii) Section 14212 relating to the closure or relocation of county 
or field offices of the Farm Service Agency.
    (ix) Section 15353(a) relating to information reporting for 
Commodity Credit Corporation transactions.
    (57) 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)).
    (b) Reservations. The following authorities are reserved to the 
Under Secretary for Farm and Foreign Agricultural Services:
    (1) Designating counties and areas for emergency programs under Pub. 
L. No. 85-58, as amended.
    (2) Making and issuing notes to the Secretary of the Treasury for 
the purposes of the Agricultural Credit Insurance Fund as authorized by 
the Consolidated Farm and Rural Development Act (7 U.S.C. 1929).

[60 FR 56393, Nov. 8, 1995, as amended at 61 FR 25776, May 23, 1996; 61 
FR 37552, July 18, 1996; 62 FR 1031, Jan. 8, 1997; 62 FR 19901, Apr. 24, 
1997; 68 FR 27443, May 20, 2003; 69 FR 34254, June 21, 2004; 71 FR 
35491, June 21, 2006; 71 FR 51421, Aug. 30, 2006; 74 FR 3406, Jan. 21, 
2009; 75 FR 43380, July 23, 2010]



Sec. 2.43  Administrator, Foreign Agricultural Service.

    (a) Delegations. Pursuant to Sec. 2.16 (a)(3) and (a)(6), subject 
to reservations in Sec. 2.16(b)(2), the following delegations of 
authority are made by the Under Secretary for Farm and Foreign 
Agricultural Services 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

[[Page 221]]

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 General Agreement on Tariffs and Trade (GATT) and the World Trade 
Organization (WTO).
    (2) Conduct functions of the Department relating to GATT, WTO, the 
Trade Expansion Act of 1962 (19 U.S.C. 1801 et seq.), the Trade Act of 
1974 (19 U.S.C. 2101 et seq.), the Trade Agreements Act of 1979 (19 
U.S.C. 2501 et seq.), the Omnibus Trade and Competition Act of 1988 (19 
U.S.C. 2901 et seq.), the provisions of subtitle B of title III of the 
North American Free Trade Agreement Implementation Act (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 
Assistant Secretary for Marketing and Regulatory Programs.
    (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 
Assistant Secretary for Marketing and Regulatory Programs.
    (7) Represent the Department on the Interdepartmental Committee for 
Export Control and conduct Departmental activities to carry out the 
provisions of the Export Administration Act of 1969, as amended (50 
U.S.C. App. 2401 et seq.), except as reserved to the Secretary under 
Sec. 2.16(b)(2).
    (8) Exercise the Department's responsibilities in connection with 
international negotiations of the Grains Trade Convention and in the 
administration of such Convention.
    (9) Provide foreign agricultural intelligence and other foreign 
agricultural services in support of programs administered by the 
Department 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

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Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195 et seq.).
    (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 Public Law 480 (7 U.S.C. 1691, 1701 et seq.).
    (17) Coordinate within the Department activities arising under 
Public Law 480 (except as delegated to the Under Secretary for Research, 
Education, and Economics in Sec. 2.21(a)(8)), and to represent the 
Department in its relationships in such matters with the Department of 
State, any interagency committee on Public Law 480, and other 
departments, agencies and committees of the Government.
    (18) Formulate policies and implement programs to promote the export 
of dairy products, as authorized under section 153 of the Food Security 
Act of 1985, as amended (15 U.S.C. 713a-14).
    (19) Formulate policies and implement a program for the export sales 
of dairy products, as authorized by section 1163 of the Food Security 
Act of 1985 (7 U.S.C. 1731 note).
    (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 among the various export programs agricultural 
commodities determined under Sec. 2.16(a)(3)(xix) to be available for 
export.
    (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

[[Page 223]]

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 agencies with respect to joint 
regulations and authority to approve 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 Pub. L. 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 technical cooperation with 
other governmental agencies, land grant universities, international 
organizations, international agricultural research centers, and other 
institutions (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).

[[Page 224]]

    (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) Implement section 3205 of the Food, Conservation, and Energy 
Act of 2008 (22 U.S.C. 7112 note) regarding the Consultative Group to 
Eliminate the Use of Child Labor and Forced Labor in Imported 
Agricultural Products, in consultation with the Administrator of the 
Agricultural Marketing Service.
    (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) Administer the grant program for agricultural biotechnology 
research and development for developing countries (7 U.S.C. 7631).
    (b) [Reserved]

[60 FR 56393, Nov. 8, 1995, as amended at 61 FR 25776, May 23, 1996; 61 
FR 37552, July 18, 1996; 62 FR 40254, July 28, 1997; 68 FR 27443, May 
20, 2003; 69 FR 34254, June 21, 2004; 74 FR 3407, Jan. 21, 2009]



Sec. 2.44  Administrator, Risk Management Agency and Manager, 
Federal Crop Insurance Corporation.

    (a) Delegations. Pursuant to Sec. 2.16(a)(4), subject to 
reservations in Sec. 2.16(b)(3), the following delegations of authority 
are made by the Under Secretary for Farm and Foreign Agricultural 
Services to the Administrator, Risk Management Agency, and Manager 
Federal Crop Insurance Corporation:
    (1) Appoint such officers and employees as may be necessary for the 
transaction of the business of the Federal Crop Insurance Corporation 
and the Risk Management Agency.
    (2) Conduct pilot programs involving revenue insurance, risk 
management savings accounts, or the use of futures markets to manage 
risk and support farm income.
    (3) Provide education in management of the financial risks inherent 
in the production and marketing of agricultural commodities.
    (4) Conduct a study and issue a report on the efficacy and accuracy 
of the application of pack factors regarding the measurement of farm-
stored production for purposes of providing policies or plans of 
insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
    (b) [Reserved]

[62 FR 19901, Apr. 24, 1997, as amended at 74 3407, Jan. 21 2009]



  Subpart G_Delegations of Authority by the Under Secretary for Rural 
                               Development

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



Sec. 2.45  Deputy Under Secretary for Rural Development.

    Pursuant to Sec. 2.17(a), subject to reservations in Sec. 2.17(b), 
and subject to policy guidance and direction by the

[[Page 225]]

Under Secretary, the following delegation of authority is made to the 
Deputy Under Secretary for Rural Development, to be exercised only 
during the absence or unavailability of the Under Secretary: Perform all 
the duties and exercise all the powers which are now or which may 
hereafter be delegated to the Under Secretary for Rural Development.

[75 FR 43380, July 23, 2010]



Sec. 2.47  Administrator, Rural Utilities Service.

    (a) Delegations. Pursuant to Sec. Sec. 2.17 (a)(14) and (a)(16) 
through (a)(20), and subject to policy guidance and direction by the 
Under Secretary for Rural Economic and Community Development, the 
following delegations of authority are made by the Under Secretary for 
Rural Economic and Community Development to the Administrator, Rural 
Utilities Service:
    (1) Administer the Rural Electrification Act of 1936, as amended (7 
U.S.C. 901, et seq.) except for rural economic development loan and 
grant programs (7 U.S.C. 940c and 950aa, et seq.): Provided, however, 
that the Administrator may utilize consultants and attorneys for the 
provision of legal services pursuant to 7 U.S.C. 918, with the 
concurrence of the General Counsel.
    (2) Administer the Rural Electrification Act of 1938 (7 U.S.C. 903 
note).
    (3) The Administrator, Rural Utilities Service is designated to 
serve as the chief executive officer of the Rural Telephone Bank.
    (4) Administer the following sections of the Consolidated Farm and 
Rural Development Act (7 U.S.C. 1921, et seq.):
    (i) Section 306 (7 U.S.C. 1926), related to water and waste 
facilities.
    (ii) Section 306A (7 U.S.C. 1926a).
    (iii) Section 306B (7 U.S.C. 1926b).
    (iv) Section 306C (7 U.S.C. 1926c).
    (v) Section 306D (7 U.S.C. 1926d).
    (vii) Section 306E (7 U.S.C. 1926e).
    (vii) Sections 309 (7 U.S.C. 1929 and 309A (7 U.S.C. 1929a), 
relating to assets and programs related to watershed facilities, 
resource and conservation facilities, and water and waste facilities.
    (viii) Section 305 (7 U.S.C. 1926) relating to hazardous weather 
early warning systems.
    (ix) Section 310A (7 U.S.C. 1931), relating to watershed and 
resource conservation and development.
    (x) Section 310B(b) (7 U.S.C. 1932(b)).
    (xi) [Reserved]
    (xii) Section 342 (7 U.S.C. 1013p).
    (xiii) Administrative Provisions of subtitle D of the Consolidated 
Farm and Rural Development Act relating to Rural Utilities Service 
activities.
    (xiv) Section 379B (7 U.S.C. 2009;).
    (5) Administer section 8, and those functions with respect to 
repayment of obligations under section 4, of the Watershed Protection 
and Flood Prevention Act (16 U.S.C. 1006a, 1004) and administer the 
Resource Conservation and Development Program to assist in carrying out 
resource conservation and development projects in rural areas under 
section 32(e) of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(e)).
    (6) Administer the Water and Waste Loan Program (7 U.S.C. 1926-1).
    (7) Administer the Rural Wastewater Treatment Circuit Rider Program 
(7 U.S.C. 1926 note).
    (8) Collect, service, and liquidate loans made, insured, or 
guaranteed by the Rural Utilities Service or its predecessor agencies.
    (9) Administer the Federal Claims Collection Act of 1966 (31 U.S.C. 
3711 et seq.), and joint regulations issued pursuant thereto by the 
Attorney General and the Comptroller General (4 CFR chapter II), with 
respect to the claims of the Rural Utilities Service.
    (10) Administer responsibilities and function 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 rural development 
credit and financial assistance.
    (11) With respect to land and facilities under his or her authority, 
exercise the functions delegated to the Secretary by Executive Order 
12580, 3 CFR, 1987 Comp., p. 193, under the following provisions of the 
Comprehensive Environmental Response, Compensation, and Liability Act of 
1980 (``the Act''), as amended:
    (i) Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a), 
(b), and

[[Page 226]]

(c)(4)), with respect to removal and remedial actions in the event of 
release or threatened release of a hazardous substance, pollutant, or 
contaminant into the environment;
    (ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with 
respect to information gathering and access requests and orders; 
compliance with Federal health and safety standards and wage and labor 
standards applicable to covered work; and emergency procurement powers;
    (iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with 
respect to the reduction of exposure to significant risk to human 
health;
    (iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to 
the acquisition of real property and interests in real property required 
to conduct a remedial action;
    (v) The first two sentences of section 105(d) of the Act (42 U.S.C. 
9605(d)), with respect to petitions for preliminary assessment of a 
release or threatened release;
    (vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to 
consideration of the availability of qualified minority firms in 
awarding contracts, but excluding that portion of section 105(f) 
pertaining to the annual report to Congress;
    (vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the 
assessment of civil penalties for violations of section 122 of the Act 
(42 U.S.C. 9622), and the granting of awards to individuals providing 
information;
    (viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect 
to the designation of officials who may obligate money in the Hazardous 
Substances Superfund;
    (ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to 
establishing an administrative record upon which to base the selection 
of a response action and identifying and notifying potentially 
responsible parties;
    (x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to 
preliminary assessment and site inspection of facilities;
    (xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and (c)), 
with respect to public participation in the preparation of any plan for 
remedial action and explanation of variances from the final remedial 
action plan for any remedial action or enforcement action, including any 
settlement or consent decree entered into;
    (xii) Section 119 of the Act (42 U.S.C. 9119), with respect to 
indemnifying response action contractors;
    (xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to 
cleanup standards; and
    (xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to 
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C. 
9622(b)(1)), related to mixed funding agreements.
    (12) With respect to facilities and activities under his or her 
authority, to exercise the authority of the Secretary of Agriculture 
pursuant to section 1-102 related to compliance with applicable 
pollution control standards and section 1-601 of Executive Order 12088, 
3 CFR, 1978 Comp., p. 243, to enter into an inter-agency agreement with 
the United States Environmental Protection Agency, or an administrative 
consent order or a consent judgment in an appropriate State, interstate, 
or local agency, containing a plan and schedule to achieve and maintain 
compliance with applicable pollution control standards established 
pursuant to the following:
    (i) Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act, as further amended by the Hazardous and 
Solid Waste Amendments, and the Federal Facility Compliance Act (42 
U.S.C. 6901 et seq.);
    (ii) Federal Water Pollution Prevention and Control Act, as amended 
(33 U.S.C. 1251 et seq.);
    (iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.);
    (iv) Clean Air Act, as amended (42 U.S.C. 7401 et seq.);
    (v) Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq.);
    (vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601 et 
seq.);
    (vii) Federal Insecticide, Fungicide, and Rodenticide Act, as 
amended (7 U.S.C. 136 et seq.); and
    (viii) Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended by the Superfund Amendments and 
Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.).

[[Page 227]]

    (13) Administer the Distance Learning and Medical Link Programs (7 
U.S.C. 950aaa et seq.).
    (14) Administer water and waste facility programs and activities (7 
U.S.C. 1926-1).
    (15) Admnister the SEARCH Grants for Small Communities Program (7 
U.S.C. 2009ee et seq.).
    (16) 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)).
    (b) Reservations. The following authority is reserved to the Under 
Secretary for Rural Economic and Community Development:
    (1) Making and issuing notes to the Secretary of the Treasury for 
the purposes of the Rural Development Insurance Fund as authorized by 
the Consolidated Farm and Rural Development Act (7 U.S.C. 1929a).
    (2) Administering loans for rural telephone facilities and service 
in rural areas as authorized by the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1921 et seq.).

[60 FR 56393, Nov. 8, 1995, as amended at 66 FR 16593, Mar. 27, 2001; 68 
FR 27443, May 20, 2003; 74 FR 3407, Jan. 21, 2009; 75 FR 43380, July 23, 
2010]



Sec. 2.48  Administrator, Rural Business-Cooperative Service.

    (a) Delegations. Pursuant to Sec. 2.17 (a)(1), (a)(2), (a)(14), 
(a)(16) through (a)(19) and (a)(21), subject to reservations in Sec. 
2.17(b)(1), and subject to policy guidance and direction by the Under 
Secretary for Rural Economic and Community Development, the following 
delegations of authority are made by the Under Secretary for Rural 
Economic and Community Development to the Administrator, Rural Business-
Cooperative Service:
    (1) Administer the rural economic development loan and grant 
programs under the Rural Electrification Act (7 U.S.C. 940c and 950aa et 
seq.).
    (2) Administer the following sections of the Consolidated Farm and 
Rural Development Act (7 U.S.C. 1921 et seq.):
    (i) Section 306(a)(11)(A) (7 U.S.C. 1926(a)(11)(A)), related grants 
for business technical assistance and planning;
    (ii) [Reserved]
    (iii) Sections 309 (7 U.S.C. 1929) and 309A (7 U.S.C. 1929a), 
relating to assets and programs related to rural development;
    (iv) Section 310B (7 U.S.C. 1932), relating to various Rural 
Development programs, except for subsection (b) of that section.
    (v) Section 312(b) (7 U.S.C. 1942(b)), relating to small business 
enterprises; and
    (vi) Administrative Provisions of subtitle D of the Consolidated 
Farm and Rural Development Act relating to Rural Business-Cooperative 
Service activities;
    (vii) Section 378 (7 U.S.C., 2008m) relating to the National Rural 
Development Partnership; and
    (viii) Section 379E (7 U.S.C. 2008s) relating to the Rural 
Microentrepreneur Assistance Program.
    (ix) Section 379F (7 U.S.C. 2000t) relating to the Expansion of 
Employment Opportunities for Individuals with Disabilities in Rural 
Areas Program.
    (x) Section 379G (7 U.S.C. 2008u) relating to Health Care Services.
    (xi) Section 382A et seq. (7 U.S.C. 2009aa et seq.) relating to the 
Delta Regional Authority.
    (xii) Section 383A et seq. (7 U.S.C. 2009bb et seq.) relating to the 
Northern Great Plains Regional Authority.
    (xiii) Section 384A et seq. (7 U.S.C. 2009cc et seq.) relating to 
the Rural Business Investment program.
    (xiv) Section 385A et seq. (7 U.S.C. 2009dd et seq.) relating to the 
Rural Collaborative Investment Program.
    (3) Administer Alcohol Fuels Credit Guarantee Program Account (Pub 
L. No. 102-341, 106 Stat. 895).
    (4) Administer section 1323 of the Food Security Act of 1985 (7 
U.S.C. 1932 note).
    (5) Administer loan programs in the Appalachian region under 
sections 203 and 204 of the Appalachian Regional Development Act of 1965 
(40 U.S.C. App. 204).
    (6) Administer section 601 of the Powerplant and Industrial Fuel Use 
Act of 1978 (Pub. L. No. 95-620).
    (7) Administer the Drought and Disaster Guaranteed Loan program 
under section 331 of the Disaster Assistance Act of 1988 (7 U.S.C. 1929a 
note).

[[Page 228]]

    (8) Administer the Disaster Assistance for Rural Business 
Enterprises Guaranteed Loan Program under section 401 of the Disaster 
Assistance Act of 1989 (7 U.S.C. 1929a note).
    (9) Administer the Rural Economic Development Demonstration Grant 
Program (7 U.S.C. 2662a).
    (10) Administer the Economically Disadvantaged Rural Community Loan 
program (7 U.S.C. 6616).
    (11) Administer programs authorized by the Cooperative Marketing Act 
of 1926 (7 U.S.C. 451-457).
    (12) Carry out the responsibilities of the Secretary of Agriculture 
relating to the marketing aspects of cooperatives, including economic 
research and analysis, the application of economic research findings, 
technical assistance to existing and developing cooperatives, education 
on cooperatives, and statistical information pertaining to cooperatives 
as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-
1627).
    (13) Work with institutions and international organizations 
throughout the world on subjects related to the development and 
operation of agricultural cooperatives. Such work may be carried out by:
    (i) Exchanging materials and results with such institutions or 
organizations;
    (ii) Engaging in joint or coordinated activities; or
    (iii) Stationing representatives at such institutions or 
organizations in foreign countries (7 U.S.C. 3291).
    (14) Collect, service, and liquidate loans made, insured, or 
guaranteed by the Rural Business-Cooperative Service or its predecessor 
agencies.
    (15) Administer the Federal Claims Collection Act of 1966 (31 U.S.C. 
3711 et seq.), and joint regulations issued pursuant thereto by the 
Attorney General and the Comptroller General (4 CFR chapter II), with 
respect to the claims of the Rural Business-Cooperative Service.
    (16) 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 
Assistance Act (42 U.S.C. 5195 et seq.), relating to rural development 
credit and financial assistance.
    (17) With respect to land and facilities under his or her authority, 
exercise the functions delegated to the Secretary by Executive Order 
12580, 3 CFR, 1987 Comp., p. 193, under the following provisions of the 
Comprehensive Environmental Response, Compensation, and Liability Act of 
1980 (``the Act''), as amended:
    (i) Sections 104 (a), (b), and (c)(4) of the Act (42 U.S.C. 9604 
(a), (b), and (c)(4)), with respect to removal and remedial actions in 
the event of release or threatened release of a hazardous substance, 
pollutant, or contaminant into the environment;
    (ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with 
respect to information gathering and access requests and orders; 
compliance with Federal health and safety standards and wage and labor 
standards applicable to covered work; and emergency procurement powers;
    (iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with 
respect to the reduction of exposure to significant risk to human 
health;
    (iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to 
the acquisition of real property and interests in real property required 
to conduct a remedial action;
    (v) The first two sentences of section 105(d) of the Act (42 U.S.C. 
9605(d)), with respect to petitions for preliminary assessment of a 
release or threatened release;
    (vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to 
consideration of the availability of qualified minority firms in 
awarding contracts, but excluding that portion of section 105(f) 
pertaining to the annual report to Congress;
    (vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the 
assessment of civil penalties for violations of section 122 of the Act 
(42 U.S.C. 9622), and the granting of awards to individuals providing 
information;
    (viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect 
to the designation of officials who may obligate money in the Hazardous 
Substances Superfund;

[[Page 229]]

    (ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to 
establishing an administrative record upon which to base the selection 
of a response action and identifying and notifying potentially 
responsible parties;
    (x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to 
preliminary assessment and site inspection of facilities;
    (xi) Sections 117 (a) and (c) of the Act (42 U.S.C. 9617 (a) and 
(c)), with respect to public participation in the preparation of any 
plan for remedial action and explanation of variances from the final 
remedial action plan for any remedial action or enforcement action, 
including any settlement or consent decree entered into;
    (xii) Section 119 of the Act (42 U.S.C. 9119), with respect to 
indemnifying response action contractors;
    (xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to 
cleanup standards; and
    (xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to 
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C. 
9622(b)(1)), related to mixed funding agreements.
    (18) With respect to facilities and activities under his or her 
authority, to exercise the authority of the Secretary of Agriculture 
pursuant to section 1-102 related to compliance with applicable 
pollution control standards and section 1-601 of Executive Order 12088, 
3 CFR, 1978 Comp., p. 243, to enter into an inter-agency agreement with 
the United States Environmental Protection Agency, or an administrative 
consent order or a consent judgment in an appropriate State, interstate, 
or local agency, containing a plan and schedule to achieve and maintain 
compliance with applicable pollution control standards established 
pursuant to the following:
    (i) Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act, as further amended by the Hazardous and 
Solid Waste Amendments, and the Federal Facility Compliance Act (42 
U.S.C. 6901 et seq.);
    (ii) Federal Water Pollution Prevention and Control Act, as amended 
(33 U.S.C. 1251 et seq.);
    (iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.);
    (iv) Clean Air Act, as amended (42 U.S.C. 7401 et seq.);
    (v) Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq.);
    (vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601 et 
seq.);
    (vii) Federal Insecticide, Fungicide, and Rodenticide Act, as 
amended (7 U.S.C. 136 et seq.); and
    (viii) Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended by the Superfund Amendments and 
Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.).
    (19) Administer in rural areas the process of designation, provision 
of monitoring and oversight, and provision of technical assistance for 
Empowerment Zones and Enterprise Communities pursuant to section 13301 
of Pub. L. No. 103-66, Omnibus Budget Reconciliation Act of 1993 (26 
U.S.C. 1391 et seq.).
    (20) Provide leadership and coordination within the executive branch 
at the state and local level of Federal rural development program 
utilizing the services of executive branch departments and agencies and 
the agencies, bureaus, offices, and services of the Department of 
Agriculture in coordination with rural development programs of State and 
local governments (7 U.S.C. 2204).
    (21) Coordinate, at the state and local level, activities relative 
to rural development among agencies reporting to the Under Secretary for 
Rural Economic and Community Development and, through appropriate 
channels, serve as the coordinating agency for other departmental 
agencies having primary responsibilities, in coordination with rural 
development programs of State and local governments (7 U.S.C. 2204).
    (22) Work with Federal agencies in encouraging the creation of local 
rural community development organizations. Within a State, assist other 
Federal agencies in developing means for extending their services 
effectively to rural areas and in designating pilot projects in rural 
areas (7 U.S.C. 2204).
    (23) Conduct assessments to determine how programs of the Department 
can be brought to bear on the economic development problems of a State 
or local area and assure that local groups

[[Page 230]]

are receiving adequate and effective technical assistance from Federal 
agencies or from local and State governments in formulating development 
programs and in carrying out planned development activities (7 U.S.C. 
2204b).
    (24) Develop a process through which State, sub-state and local 
rural development needs, goals, objectives, plans, and recommendations 
can be received and assessed on a continuing basis (7 U.S.C. 2204b).
    (25) Prepare local or area-wide rural development strategies based 
on the needs, goals, objectives, plans and recommendations of local 
communities, sub-state areas and States (7 U.S.C. 2204b).
    (26) Develop a system of outreach in the State or local area to 
promote rural development and provide for the publication and 
dissemination of information, through multi-media methods, relating to 
rural development. Advise local rural development organizations of 
availability of Federal programs and the type of assistance available, 
and assist in making contact with Federal program contact (7 U.S.C. 
2204; 7 U.S.C. 2204b).
    (27) Administer the assets of the Alternative Agricultural Research 
and Commercialization Corporation and the funds in the Alternative 
Agricultural Research and Commercialization Fund in accordance with 
section 6201 of the Farm Security and Rural Investment Act of 2000 (see 
note to 7 U.S.C. 5901 (repealed)).
    (28) Administer the Value-Added Agricultural Product Market 
Development Grant program (note to 7 U.S.C. 1621).
    (29) Administer the Agriculture Innovation Center Demonstration 
program (note to 7 U.S.C. 1621).
    (30) Administer the Renewable Energy Systems and Energy Efficiency 
Improvements program (7 U.S.C. 8106).
    (30) Administer the renewable energy programs authorized in sections 
9003, 9004, 9005, 9007, and 9009 of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 8103, 8104, 8105, 8107, and 8109).
    (31) 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)).
    (32) 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)).
    (b) Reservation. The following authority is reserved to the Under 
Secretary for Rural Economic and Community Development: Making and 
issuing notes to the Secretary of the Treasury for the purposes of the 
Rural Development Insurance Fund as authorized by the Consolidated Farm 
and Rural Development Act (7 U.S.C. 1929a).

[60 FR 56393, Nov. 8, 1995, as amended at 66 FR 33107, June 11, 2001; 68 
FR 27444, May 20, 2003; 73 FR 3407, Jan. 21, 2009; 75 FR 43380, July 23, 
2010]



Sec. 2.49  Administrator, Rural Housing Service.

    (a) Delegations. Pursuant to Sec. 2.17(a)(14), (a)(16) through 
(a)(19) and (a)(22), and subject to policy guidance and directions by 
the Under Secretary for Rural Economic and Community Development, the 
following delegations are made by the Under Secretary for Rural Economic 
and Community Development to the Administrator, Rural Housing Service:
    (1) Administer the following under the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1921 et seq.):
    (i) Section 306 (7 U.S.C. 1926) except subsection 306(a)(11) and 
except financing for water and waste disposal facilities; hazardous 
weather early warning systems; grazing facilities; irrigation and 
drainage facilities; rural electrification or telephone systems or 
facilities; and hydro-electric generating and related distribution 
systems and supplemental and supporting structures if they are eligible 
for Rural Utilities financing;
    (ii) Section 309A (7 U.S.C. 1929a), regarding assets and programs 
relating to community facilities; and
    (iii) Administrative Provisions of subtitle D of the Consolidated 
Farm and Rural Development Act relating to Rural Housing Service 
activities;
    (iv) Section 379 (7 U.S.C. 2008n) relating to the Rural Telework 
program.

[[Page 231]]

    (v) Section 379A (7 U.S.C. 2008o) relating to the Historic Barn 
Preservation program.
    (vi) Section 379C (7 U.S.C. 2008q) relating to the Farm Workers 
Training Grant program.
    (2) Administer title V of the Housing Act of 1949 (42 U.S.C. 1471 et 
seq.), except those functions pertaining to research.
    (3) [Reserved]
    (4) Administer the rural housing disaster program under sections 
232, 234, and 253 of the Disaster Relief Act of 1970 (Pub. L. No. 91-
606).
    (5) Collect, service, and liquidate loans made, insured or 
guaranteed by the Rural Housing Service or its predecessor agencies.
    (6) Exercise all authority and discretion vested in the Secretary by 
section 510(d) of the Housing Act of 1949, as amended by section 1045 of 
the Stewart B. McKinney Homeless Assistance Amendments Act of 1988, Pub. 
L. No. 100-628 (42 U.S.C. 1480(d)), including the following:
    (i) Determine, with the concurrence of the General Counsel, which 
actions are to be referred to the Department of Justice for the conduct 
of litigation, and refer such actions to the Department of Justice 
through the General Counsel;
    (ii) Determine, with the concurrence of the General Counsel, which 
actions are to be referred to the General Counsel for the conduct of 
litigation and refer such actions; and
    (iii) Enter into contracts with private sector attorneys for the 
conduct of litigation, with the concurrence of the General Counsel, 
after determining that the attorneys will provide competent and cost 
effective representation for the Rural Housing Service and 
representation by the attorney will either accelerate the process by 
which a family or person eligible for assistance under section 502 of 
the Housing Act of 1949 will be able to purchase and occupy the housing 
involved, or preserve the quality of the housing involved.
    (7) Administer the Federal Claims Collection Act of 1966 (31 U.S.C. 
3711 et seq.), and joint regulations issued pursuant thereto by the 
Attorney General and the Comptroller General (4 CFR chapter II), with 
respect to claims of the Rural Housing Service.
    (8) Administer responsibilities and function 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 rural housing and 
community development credit and financial assistance.
    (9) With respect to land and facilities under his or her authority, 
exercise the functions delegated to the Secretary by Executive Order 
12580, 3 CFR, 1987 Comp., p. 193, under the following provisions of the 
Comprehensive Environmental Response, Compensation, and Liability Act of 
1980 (``the Act''), as amended:
    (i) Sections 104 (a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a), 
(b), and (c)(4)), with respect to removal and remedial actions in the 
event of release or threatened release of a hazardous substance, 
pollutant, or contaminant into the environment;
    (ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with 
respect to information gathering and access requests and orders; 
compliance with Federal health and safety standards and wage and labor 
standards applicable to covered work; and emergency procurement powers;
    (iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with 
respect to the reduction of exposure to significant risk to human 
health;
    (iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to 
the acquisition of real property and interests in real property required 
to conduct a remedial action;
    (v) The first two sentences of section 105(d) of the Act (42 U.S.C. 
9605(d)), with respect to petitions for preliminary assessment of a 
release or threatened release;
    (vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to 
consideration of the availability of qualified minority firms in 
awarding contracts, but excluding that portion of section 105(f) 
pertaining to the annual report to Congress;
    (vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the 
assessment of civil penalties for violations of section

[[Page 232]]

122 of the Act (42 U.S.C. 9622), and the granting of awards to 
individuals providing information;
    (viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect 
to the designation of officials who may obligate money in the Hazardous 
Substances Superfund;
    (ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to 
establishing an administrative record upon which to base the selection 
of a response action and identifying and notifying potentially 
responsible parties;
    (x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to 
preliminary assessment and site inspection of facilities;
    (xi) Sections 117 (a) and (c) of the Act (42 U.S.C. 9617 (a) and 
(c)), with respect to public participation in the preparation of any 
plan for remedial action and explanation of variances from the final 
remedial action plan for any remedial action or enforcement action, 
including any settlement or consent decree entered into;
    (xii) Section 119 of the Act (42 U.S.C. 9119), with respect to 
indemnifying response action contractors;
    (xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to 
cleanup standards; and
    (xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to 
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C. 
9622(b)(1)), related to mixed funding agreements.
    (10) With respect to facilities and activities under his or her 
authority, to exercise the authority of the Secretary of Agriculture 
pursuant to section 1-102 related to compliance with applicable 
pollution control standards and section 1-601 of Executive Order 12088, 
3 CFR, 1978 Comp., p. 243, to enter into an inter-agency agreement with 
the United States Environmental Protection Agency, or an administrative 
consent order or a consent judgment in an appropriate State, interstate, 
or local agency, containing a plan and schedule to achieve and maintain 
compliance with applicable pollution control standards established 
pursuant to the following:
    (i) Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act, as further amended by the Hazardous and 
Solid Waste Amendments, and the Federal Facility Compliance Act (42 
U.S.C. 6901 et seq.);
    (ii) Federal Water Pollution Prevention and Control Act, as amended 
(33 U.S.C. 1251 et seq.);
    (iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.);
    (iv) Clean Air Act, as amended (42 U.S.C. 7401 et seq.);
    (v) Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq.);
    (vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601 et 
seq.);
    (vii) Federal Insecticide, Fungicide, and Rodenticide Act, as 
amended (7 U.S.C. 136 et seq.); and
    (viii) Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended by the Superfund Amendments and 
Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.).
    (11) Administer the Rural Firefighters and Emergency Personnel Grant 
program (7 U.S.C. 2655).
    (12) 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)).
    (13) 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)).
    (b) Reservation. The following authority is reserved to the Under 
Secretary for Rural Economic and Community Development: Making and 
issuing notes to the Secretary of the Treasury for the purposes the 
Rural Development Insurance Fund as authorized by the Consolidated Farm 
and Rural Development Act (7 U.S.C. 1929(a)) and the Rural Housing 
Insurance Fund as authorized by title V of the Housing Act of 1949 (41 
U.S.C. 1487).

[60 FR 56393, Nov. 8, 1995, as amended at 66 FR 16593, Mar. 27, 2001; 68 
FR 27444, May 20, 2003; 74 FR 3408, Jan. 21, 2009; 75 FR 43380, July 23, 
2010]

[[Page 233]]



   Subpart H_Delegations of Authority by the Under Secretary for Food 
                                 Safety



Sec. 2.51  Deputy Under Secretary for Food Safety.

    Pursuant to Sec. 2.18, and subject to policy guidance and direction 
by the Under Secretary, the following delegation of authority is made by 
the Under Secretary for Food Safety to the Deputy Under Secretary for 
Food Safety, 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 Food Safety.

[75 FR 43381, July 23, 2010]



Sec. 2.53  Administrator, Food Safety and Inspection Service.

    (a) Delegations. Pursuant to Sec. 2.18, the following delegations 
of authority are made by the Under Secretary for Food Safety to the 
Administrator, Food Safety and Inspection Service:
    (1) Exercise the functions of the Secretary of Agriculture contained 
in the Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1621-
1627), relating to voluntary inspection of poultry and edible products 
thereof; voluntary inspection and certification of technical animal fat; 
certified products for dogs, cats and other carnivora; voluntary 
inspection of rabbits and edible products thereof; and voluntary 
inspection and certification of edible meat and other products.
    (2) Exercise the functions of the Secretary of Agriculture contained 
in the following legislation:
    (i) Poultry Products Inspection Act, as amended (21 U.S.C. 451-470, 
472);
    (ii) Federal Meat Inspection Act, as amended, and related 
legislation, excluding so much of section 18 as pertains to issuance of 
certificates of condition of live animals intended and offered for 
export (21 U.S.C. 601-613, 615-624, 641-645, 661, 671-680, 683, 691-692, 
694-695);
    (iii) Egg Products Inspection Act, except for the shell egg 
surveillance program, voluntary laboratory analyses of egg products, and 
the voluntary egg grading program (21 U.S.C. 1031-1056);
    (iv) Talmadge-Aiken Act (7 U.S.C. 450) with respect to cooperation 
with States in administration of the Federal Meat Inspection Act and the 
Poultry Products Inspection Act;
    (v) Humane Slaughter Act (7 U.S.C. 1901-1906); and
    (vi) 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 
wholesomeness of meat and poultry and products thereof and inspection of 
egg and egg products.
    (3) With respect to land and facilities under his or her authority, 
exercise the functions delegated to the Secretary by Executive Order 
12580, 3 CFR, 1987 Comp., p. 193, under the following provisions of the 
Comprehensive Environmental Response, Compensation, and Liability Act of 
1980 (``the Act''), as amended:
    (i) Sections 104 (a), (b), and (c)(4) of the Act (42 U.S.C. 9604 
(a), (b), and (c)(4)), with respect to removal and remedial actions in 
the event of release or threatened release of a hazardous substance, 
pollutant, or contaminant into the environment;
    (ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with 
respect to information gathering and access requests and orders; 
compliance with Federal health and safety standards and wage and labor 
standards applicable to covered work; and emergency procurement powers;
    (iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with 
respect to the reduction of exposure to significant risk to human 
health;
    (iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to 
the acquisition of real property and interests in real property required 
to conduct a remedial action;
    (v) The first two sentences of section 105(d) of the Act (42 U.S.C. 
9605(d)), with respect to petitions for preliminary assessment of a 
release or threatened release;
    (vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to 
consideration of the availability of qualified minority firms in 
awarding contracts, but excluding that portion of section

[[Page 234]]

105(f) pertaining to the annual report to Congress;
    (vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the 
assessment of civil penalties for violations of section 122 of the Act 
(42 U.S.C. 9622), and the granting of awards to individuals providing 
information;
    (viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect 
to the designation of officials who may obligate money in the Hazardous 
Substances Superfund;
    (ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to 
establishing an administrative record upon which to base the selection 
of a response action and identifying and notifying potentially 
responsible parties;
    (x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to 
preliminary assessment and site inspection of facilities;
    (xi) Sections 117 (a) and (c) of the Act (42 U.S.C. 9617 (a) and 
(c)), with respect to public participation in the preparation of any 
plan for remedial action and explanation of variances from the final 
remedial action plan for any remedial action or enforcement action, 
including any settlement or consent decree entered into;
    (xii) Section 119 of the Act (42 U.S.C. 9119), with respect to 
indemnifying response action contractors;
    (xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to 
cleanup standards; and
    (xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to 
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C. 
9622(b)(1)), related to mixed funding agreements.
    (4) With respect to facilities and activities under his or her 
authority, to exercise the authority of the Secretary of Agriculture 
pursuant to section 1-102 related to compliance with applicable 
pollution control standards and section 1-601 of Executive Order 12088, 
3 CFR, 1978 Comp., p. 243, to enter into an inter-agency agreement with 
the United States Environmental Protection Agency, or an administrative 
consent order or a consent judgment in an appropriate State, interstate, 
or local agency, containing a plan and schedule to achieve and maintain 
compliance with applicable pollution control standards established 
pursuant to the following:
    (i) Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act, as further amended by the Hazardous and 
Solid Waste Amendments, and the Federal Facility Compliance Act (42 
U.S.C. 6901 et seq.);
    (ii) Federal Water Pollution Prevention and Control Act, as amended 
(33 U.S.C. 1251 et seq.);
    (iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.);
    (iv) Clean Air Act, as amended (42 U.S.C. 7401 et seq.);
    (v) Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq.);
    (vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601 et 
seq.);
    (vii) Federal Insecticide, Fungicide, and Rodenticide Act, as 
amended (7 U.S.C. 136 et seq.); and
    (viii) Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended by the Superfund Amendments and 
Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.).
    (5) Administer the National Laboratory Accreditation Program (7 
U.S.C. 138-138i) with respect to laboratories accredited only for 
pesticide residue analysis in meat and poultry products.
    (6) Administer and conduct a food safety research program (7 U.S.C. 
427).
    (7) Coordinate with the Animal and Plant Health Inspection Service 
the administration of programs relating to human pathogen reduction 
(such as salmonella enteritidis) pursuant to section 2 of the Act of 
February 2, 1903, as amended (21 U.S.C. 111), and sections 4 and 5 of 
the Act of May 29, 1884, as amended (21 U.S.C. 120).
    (8) Enter into contracts, grants, or cooperative agreements to 
further research programs in the agricultural sciences (7 U.S.C. 3318).
    (9) Conduct an education program regarding the availability and 
safety of processes and treatments that eliminate or substantially 
reduce the level of pathogens on meat, meat food products, poultry, and 
poultry products (21 U.S.C. 679b).
    (b) [Reserved]

[60 FR 56393, Nov. 8, 1995, as amended at 68 FR 27444, May 20, 2003.; 74 
FR 3408, Jan. 21, 2009]

[[Page 235]]



  Subpart I_Delegations of Authority by the Under Secretary for Food, 
                    Nutrition, and Consumer Services



Sec. 2.55  Deputy Under Secretary for Food, Nutrition, and Consumer Services.

    Pursuant to Sec. 2.19(a), subject to reservations in Sec. 2.19(b), 
and subject to policy guidance and direction by the Under Secretary, the 
following delegation of authority is made by the Under Secretary for 
Food, Nutrition, and Consumer Services to the Deputy Under Secretary for 
Food, Nutrition and Consumer Services, 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 Food, Nutrition, and Consumer 
Services.



Sec. 2.57  Administrator, Food and Nutrition Service.

    (a) Delegations. Pursuant to Sec. 2.19(a)(1), (a)(2) and (a)(5), 
subject to reservations in Sec. 2.91(b), the following delegations of 
authority are made by the Under Secretary for Food, Nutrition, and 
Consumer Services to the Administrator, Food and Nutrition Service:
    (1) Administer the following legislation:
    (i) The Food and Nutrition Act of 2008, as amended (7 U.S.C. 2011-
2036), except for section 25, regarding assistance for community food 
projects.
    (ii) Richard B. Russell National School Lunch Act, as amended (42 
U.S.C. 1751-1769i), except procurement of agricultural commodities and 
other foods under section 6 thereof.
    (iii) Child Nutrition Act of 1966, as amended (42 U.S.C. 1771-1790).
    (iv) Sections 933-939 of the Food, Agriculture, Conservation, and 
Trade Act Amendments of 1991 (7 U.S.C. 5930 note).
    (v) Section 301 of the Healthy Meals for Healthy Americans Act of 
1994 (Pub. L. 103-448).
    (vi) Section 4402 of the Farm Security and Rural Investment Act of 
2002 (7 U.S.C. 3007).
    (vii) Section 4403 of the Farm Security and Rural Investment Act of 
2002 (7 U.S.C. 3171 note).
    (viii) Section 4404 of the Farm Security and Rural Investment Act of 
2002 (2 U.S.C. 1161).
    (ix) Section 4142 of the Food, Conservation, and Energy Act of 2008 
(Pub. L. 110-246).
    (x) Section 4301 of the Food, Conservation, and Energy Act of 2008 
(42 U.S.C. 1758a).
    (xi) Section 4305 of the Food, Conservation, and Energy Act of 2008 
(42 U.S.C. 1755a).
    (xii) Section 4307 of the Food, Conservation, and Energy Act of 2008 
(Pub. L. 110-246).
    (xiii) Section 4405 of the Food, Conservation, and Energy Act of 
2008 (7 U.S.C. 7517).
    (2) Administer those functions relating to the distribution and 
donation of agricultural commodities and products thereof under the 
following legislation:
    (i) Clause (3) of section 416(a) of the Agricultural Act of 1949, as 
amended (7 U.S.C. 1431(a)), except the estimate and announcement of the 
types and varieties of food commodities, and the quantities thereof, to 
become available for distribution thereunder;
    (ii) Section 709 of the Food and Agriculture Act of 1965, as amended 
(7 U.S.C. 1446a-1);
    (iii) Section 32 of the Act of August 24, 1935, as amended (7 U.S.C. 
612c), as supplemented by the Act of June 28, 1937 (15 U.S.C. 713c), and 
related legislation;
    (iv) Section 9 of the Act of September 6, 1958 (7 U.S.C. 1431b);
    (v) Section 210 of the Agricultural Act of 1956 (7 U.S.C. 1859), 
except with respect to donations to Federal penal and correctional 
institutions;
    (vi) [Reserved]
    (vii) Section 311 of the Older Americans Act of 1965, as amended (42 
U.S.C. 3030a);
    (viii) Sections 412 and 413(b) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5179, 5180(b));
    (ix) Sections 4 and 5 of the Agriculture and Consumer Protection Act 
of 1973, as amended (7 U.S.C. 612c note);

[[Page 236]]

    (x) Section 1114 of the Agriculture and Food Act of 1981, as amended 
(7 U.S.C. 1431e);
    (xi) Section 1336 of the Agriculture and Food Act of 1981 (Pub. L. 
No. 97-98);
    (xii) Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note);
    (xiii) Sections 3(b)-(i), 3A and 4 of the Commodity Distribution 
Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c note); and
    (xiv) Section 110 of the Hunger Prevention Act of 1988 (7 U.S.C. 
612c note).
    (3) Administer those functions relating to the distribution of 
supplemental nutrition assistance program benefits under section 412 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5179).
    (4) In connection with the functions assigned in paragraphs (a)(1), 
(a)(2), and (a)(3) of this section, relating to the distribution and 
donation of agricultural commodities and products thereof and 
supplemental nutrition assistance program benefits to eligible 
recipients, authority to determine the requirements for such 
agricultural commodities and products thereof and supplemental nutrition 
assistance program benefits to be so distributed.
    (5) Receive donation of food commodities under clause (3) of section 
416(a) of the Agricultural Act of 1949, as amended, section 709 of the 
Food and Agriculture Act of 1965, as amended, section 5 of the 
Agriculture and Consumer Protection Act of 1973, section 1114(a) of the 
Agriculture and Food Act of 1981, and section 202(a) and 202A of the 
Emergency Food Assistance Act of 1983.
    (6) Authorize defense emergency supplemental nutrition assistance 
program benefits.
    (7) Develop and implement USDA policy and procedural guidelines for 
carrying out the Department's Consumer Affairs Plan.
    (8) Advise the Secretary and other policy level officials of the 
Department on consumer affairs policies and programs.
    (9) Coordinate USDA consumer affairs activities and monitor and 
analyze agency procedures and performance.
    (10) Represent the Department at conferences, meetings and other 
contacts where consumer affairs issues are discussed, including liaison 
with the White House and other governmental agencies and departments.
    (11) Work with the Office of Budget and Program Analysis and the 
Office of Communications to ensure coordination of USDA consumer affairs 
and public participation programs, policies and information, and to 
prevent duplication of responsibilities.
    (12) Serve as a consumer ombudsman and communication link between 
consumers and the Department.
    (13) Approve the designation of agency Consumer Affairs Contacts.
    (14) Administer those functions under title IV of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
1612) relating to the eligibility of aliens for benefits under the 
domestic food assistance programs.
    (b) [Reserved]

[60 FR 56393, Nov. 8, 1995, as amended at 63 FR 35787, July 1, 1998; 68 
FR 27444, May 20, 2003; 74 FR 3408, Jan. 21, 2009]



 Subpart J_Delegations of Authority by the Under Secretary for Natural 
                        Resources and Environment

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



Sec. 2.59  Deputy Under Secretaries for Natural Resources and Environment.

    Pursuant to Sec. 2.20(a), subject to reservations in Sec. 2.20(b), 
and subject to policy guidance and direction by the Under Secretary, the 
following delegation of authority is made by the Under Secretary for 
Natural Resources and Environment to the Deputy Under Secretaries for 
Natural Resources and Environment, 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 Natural Resources and Environment. 
Provided, that, except in the absence of both the Under Secretary and a 
Deputy Under Secretary, this authority shall be exercised by the 
respective Deputy

[[Page 237]]

Under Secretary only with respect to the area or responsibility assigned 
to him or her.



Sec. 2.60  Chief, Forest Service.

    (a) Delegations. Pursuant to Sec. 2.20(a)(1), (a)(2), (a)(6), 
(a)(7)(ii) and (a)(8), the following delegations of authority are made 
by the Under Secretary for Natural Resources and Environment to the 
Chief of the Forest Service:
    (1) Provide national leadership in forestry. (As used here and 
elsewhere in this section, the term ``forestry'' encompasses renewable 
and nonrenewable resources of forests, including lands governed by the 
Alaska National Interest Lands Conservation Act, forest-related 
rangeland, grassland, brushland, woodland, and alpine areas including 
but not limited to recreation, range, timber, minerals, watershed, 
wildlife and fish; natural scenic, scientific, cultural, and historic 
values of forests and related lands; and derivative values such as 
economic strength and social well being).
    (2) Protect, manage, and administer the national forests, national 
forest purchase units, national grasslands, and other lands and 
interests in lands administered by the Forest Service, which 
collectively are designated as the National Forest System. This 
delegation covers the acquisition and disposition of lands and interest 
in lands as may be authorized for the protection, management, and 
administration of the National Forest System, except that the authority 
to approve acquisition of land under the Weeks Act of March 1, 1911, as 
amended, and special forest receipts acts (Pub. L. No. 337, 74th Cong., 
49 Stat. 866, as amended by Pub. L. No. 310, 78th Cong., 58 Stat. 227; 
Pub. L. No. 505, 75th Cong., 52 Stat. 347, as amended by Pub. L. No. 
310, 78th Cong., 58 Stat. 227; Pub. L. No. 634, 75th Cong., 52 Stat. 
699, as amended by Pub. L. No. 310, 78th Cong., 58 Stat. 227; Pub. L. 
No. 748, 75th Cong., 52 Stat. 1205, as amended by Pub. L. No. 310, 78th 
Cong., 58 Stat. 227; Pub. L. No. 427, 76th Cong., 54 Stat. 46; Pub. L. 
No. 589, 76th Cong., 54 Stat. 297; Pub. L. No. 591, 76th Cong., 54 Stat. 
299; Pub. L. No. 637, 76th Cong., 54 Stat. 402; Pub. L. No. 781, 84th 
Cong., 70 Stat. 632) is limited to acquisitions of less than $250,000 in 
value.
    (3) As necessary for administrative purposes, divide into and 
designate as national forests any lands of 3,000 acres or less which are 
acquired under or subject to the Weeks Act of March 1, 1911, as amended, 
and which are contiguous to existing national forest boundaries 
established under the authority of the Weeks Act.
    (4) Plan and administer wildlife and fish conservation 
rehabilitation and habitat management programs on National Forest System 
lands, pursuant to 16 U.S.C. 670g, 670h, and 670o.
    (5) For the purposes of the National Forests System Drug Control Act 
of 1986 (16 U.S.C. 559-f), specifically designate certain specially 
trained officers and employees of the Forest Service, not exceeding 500, 
to have authority in the performance of their duties within the 
boundaries of the National Forest System:
    (i) To carry firearms;
    (ii) To enforce and conduct investigations of violations of section 
401 of the Controlled Substance Act (21 U.S.C. 481) and other criminal 
violations relating to marijuana and other controlled substances that 
are manufactured, distributed, or dispensed on National Forest System 
lands;
    (iii) To make arrests with a warrant or process for misdemeanor 
violations, or without a warrant for violations of such misdemeanors 
that any such officer or employee has probable cause to believe are 
being committed in that employee's presence or view, or for a felony 
with a warrant or without a warrant if that employee has probable cause 
to believe that the person being arrested has committed or is committing 
such a felony;
    (iv) To serve warrants and other process issued by a court or 
officer of competent jurisdiction;
    (v) To search, with or without a warrant or process, any person, 
place, or conveyance according to Federal law or rule of law; and
    (vi) To seize, with or without warrant or process, any evidentiary 
item according to Federal law or rule of law.
    (6) Cooperate with the law enforcement officials of any Federal 
agency, State, or political subdivision, in the

[[Page 238]]

investigation of violations of, and enforcement of, section 401 of the 
Controlled Substances Act (21 U.S.C. 841), other laws and regulations 
relating to marijuana and other controlled substances, and State drug 
control laws or ordinances, within the boundaries of the National Forest 
System.
    (7) Administer programs under section 23 of the Federal Highway Act 
(23 U.S.C. 101(a), 120(f), 125(a)-(c), 138, 202(a)-(b), 203, 204(a)-(h), 
205(a)-(d), 211, 317, 401(a)).
    (8) Administer provisions of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1272, 1305) as they relate to 
management of the National Forest System.
    (9) Conduct, support, and cooperate in investigations, experiments, 
tests, and other activities deemed necessary to obtain, analyze, 
develop, demonstrate, and disseminate scientific information about 
protecting, managing, and utilizing forest and rangeland renewable 
resources in rural, suburban, and urban areas in the United States and 
foreign countries. The activities conducted, supported, or cooperated in 
shall include, but not be limited to: renewable resource management 
research; renewable resource environmental research; renewable resource 
protection research, renewable resource utilization research, and 
renewable resource assessment research (16 U.S.C. 1641-1647).
    (10) Use authorities and means available to disseminate the 
knowledge and technology developed from forestry research (16 U.S.C. 
1645).
    (11) Coordinate activities with other agencies in USDA, other 
Federal and State agencies, forestry schools, and private entities and 
individuals (16 U.S.C. 1643).
    (12) Enter into contracts, grants, and cooperative agreements for 
the support of scientific research in forestry activities (7 U.S.C. 
427i(a), 1624; 16 U.S.C. 582a-8, 1643-1645, 1649).
    (13) Enter into cooperative research and development agreements with 
industry, universities, and others; institute a cash award program to 
reward scientific, engineering, and technical personnel; award royalties 
to inventors; and retain and use royalty income (15 U.S.C. 3710a-3710c).
    (14) Enter into contracts, grants, or cooperative agreements to 
further research, extension, or teaching programs in the food and 
agricultural sciences (7 U.S.C. 3152, 3318).
    (15) Enter into cost-reimbursable agreements relating to 
agricultural research, extension, or teaching activities (7 U.S.C. 
3319a).
    (16) Administer programs of cooperative forestry assistance in the 
protection, conservation, and multiple resource management of forests 
and related resources in both rural and urban areas and forest lands in 
foreign countries (16 U.S.C. 2101-2114).
    (17) Provide assistance to States and other units of government in 
forest resources planning and forestry rural revitalization (7 U.S.C. 
6601, 6611-6617; 16 U.S.C. 2107).
    (18) Conduct a program of technology implementation for State 
forestry personnel, private forest landowners and managers, vendors, 
forest operators, public agencies, and individuals (16 U.S.C. 2107).
    (19) Administer rural fire protection and control program (16 U.S.C. 
2106).
    (20) Provide technical assistance on forestry technology or the 
implementation of the conservation reserve and softwood timber programs 
authorized in sections 1231-1244 and 1254 of the Food Security Act of 
1985 (16 U.S.C. 3831-3844; 7 U.S.C. 1981 note).
    (21) Administer forest insect, disease, and other pest management 
programs (16 U.S.C. 2104).
    (22) Exercise the custodial functions of the Secretary for lands and 
interests in lands under lease or contract of sale to States and local 
agencies pursuant to title III of the Bankhead-Jones Farm Tenant Act and 
administer reserved and reversionary interests in lands conveyed under 
that Act (7 U.S.C. 1010-1012).
    (23) Under such general program criteria and procedures as may be 
established by the Natural Resources Conservation Service:
    (i) Administer the forestry aspects of the programs listed in 
paragraphs (a)(23)(i)(A), (B), and (C) of this section on the National 
Forest System, rangelands with national forest boundaries,

[[Page 239]]

adjacent rangelands which are administered under formal agreement, and 
other forest lands:
    (A) The cooperative river basin surveys and investigations program 
(16 U.S.C. 1006);
    (B) The eleven authorized watershed improvement programs and 
emergency flood prevention measures program under the Flood Control Act 
(33 U.S.C. 701b-1);
    (C) The small watershed protection program under the Pilot Watershed 
Protection and Watershed Protection and Flood Prevention Acts (7 U.S.C. 
701a-h; 16 U.S.C. 1001-1009).
    (ii) Exercise responsibility in connection with the forestry aspects 
of the resource conservation and development program authorized by title 
III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(e)).
    (24) Provide assistance to the Farm Service Agency in connection 
with the agricultural conservation program, the naval stores 
conservation program, and the cropland conversion program (16 U.S.C. 
590g-q).
    (25) Provide assistance to the Rural Housing Service in connection 
with grants and loans under authority of section 303 of the Consolidated 
Farm and Rural Development Act, 7 U.S.C. 1923; and consultation with the 
Department of Housing and Urban Development under the authority of 40 
U.S.C. 461(e).
    (26) Coordinate mapping work of USDA including:
    (i) Clearing mapping projects to prevent duplication;
    (ii) Keeping a record of mapping done by USDA agencies;
    (iii) Preparing and submitting required USDA reports;
    (iv) Serving as liaison on mapping with the Office of Management and 
Budget, Department of the Interior, and other departments and 
establishments;
    (v) Promoting interchange of technical mapping information, 
including techniques which may reduce costs or improve quality; and
    (vi) Maintaining the mapping records formerly maintained by the 
Office of Operations.
    (27) Administer the radio frequency licensing work of USDA, 
including:
    (i) Representing USDA on the Interdepartmental Radio Advisory 
Committee and its Frequency Assignment Subcommittee of the National 
Telecommunications and Information Administration, Department of 
Commerce;
    (ii) Establishing policies, standards, and procedures for allotting 
and assigning frequencies within USDA and for obtaining effective 
utilization of them;
    (iii) Providing licensing action necessary to assign radio 
frequencies for use by the agencies of USDA and maintenance of the 
records necessary in connection therewith; and
    (iv) Providing inspection of USDA's radio operations to ensure 
compliance with national and international regulations and policies for 
radio frequency use.
    (28) Represent USDA in all matters relating to responsibilities and 
authorities under the Federal Water Power Act, as amended (16 U.S.C. 
791-823).
    (29) [Reserved]
    (30) Administer the Youth Conservation Corps Act (42 U.S.C. precede 
2711 note) for USDA.
    (31) Establish and operate the Job Corps Civilian Conservation 
Centers on National Forest System lands as authorized by title I, 
sections 106 and 107 of the Economic Opportunity Act of 1964 (42 U.S.C. 
2716-2717), in accordance with the terms of an agreement dated May 11, 
1967, between the Secretary of Agriculture and the Secretary of Labor; 
and administration of other cooperative manpower training and work 
experience programs where the Forest Service serves as host or prime 
sponsor with other Departments of Federal, State, or local governments.
    (32) Administer the Volunteers in the National Forests Act of 1972 
(16 U.S.C. 558a-558d, 558a note).
    (33) Exercise the functions of the Secretary of Agriculture 
authorized in the Alaska National Interest Lands Conservation Act (16 
U.S.C. 3101-3215).
    (34) Administer responsibilities and functions assigned under the 
Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et 
seq.), and title VI of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42

[[Page 240]]

U.S.C. 5195 et seq.), relating to forests and forest products, rural 
fire defense, and forestry research.
    (35) Represent USDA on Regional Response Teams on hazardous spills 
and oil spills pursuant to the Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended ( 42 U.S.C. 9601 et seq.), 
the Clean Water Act, as amended (33 U.S.C. 1251 et seq.), the Oil 
Pollution Act (OPA), as amended (33 U.S.C. 2701 et seq.), Executive 
Order 12580, 3 CFR, 1987 Comp., p. 193, Executive Order 12777, 3 CFR, 
1991 Comp., p. 351, and the National Contingency Plan, 40 CFR Part 300.
    (36) Exercise the functions of the Secretary as authorized in the 
Wild and Scenic Rivers Act (16 U.S.C. 1271-1278), except for making 
recommendations to the President regarding additions to the National 
Wild and Scenic Rivers System.
    (37) Issue proposed rules relating to the authorities delegated in 
this section, issue final rules and regulations as provided in 36 CFR 
261.70, issue technical amendments and corrections to final rules issued 
by the Secretary or Under Secretary for Natural Resources and 
Environment, and issue proposed and final rules necessary and 
appropriate to carry out title VIII of the Alaska National Interest 
Lands Conservation Act (16 U.S.C. 3101-3215) with regard to National 
Forest System Lands.
    (38) Jointly administer gypsy moth eradication activities with the 
Animal and Plant Health Inspection Service, under the authority of 
section 102 of the Organic Act of 1944, as amended; and the Act of April 
6, 1937, as amended (7 U.S.C. 147a, 148, 148a-148e); and the Talmadge 
Aiken Act (7 U.S.C. 450), by assuming primary responsibility for 
treating isolated gypsy moth infestations on Federal lands, and on State 
and private lands contiguous to infested Federal lands, and any other 
infestations over 640 acres on State and private lands.
    (39) With respect to land and facilities under his or her authority, 
to exercise the functions delegated to the Secretary by Executive Order 
12580, 3 CFR, 1987 Comp., p. 193, under the following provisions of the 
Comprehensive Environmental Response, Compensation, and Liability Act of 
1980 (``the Act''), as amended:
    (i) Sections 104 (a), (b), and (c)(4) of the Act (42 U.S.C. 9604 
(a), (b), and (c)(4)), with respect to removal and remedial actions in 
the event of release or threatened release of a hazardous substance, 
pollutant, or contaminant into the environment;
    (ii) Sections 104 (e)-(h) of the Act (42 U.S.C. 9604 (e)-(h)), with 
respect to information gathering and access requests and orders; 
compliance with Federal health and safety standards and wage and labor 
standards applicable to covered work; and emergency procurement powers;
    (iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with 
respect to the reduction of exposure to significant risk to human 
health;
    (iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to 
the acquisition of real property and interests in real property required 
to conduct a remedial action;
    (v) The first two sentences of section 105(d) of the Act (42 U.S.C. 
9605(d)), with respect to petitions for preliminary assessment of a 
release or threatened release;
    (vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to 
consideration of the availability of qualified minority firms in 
awarding contracts, but excluding that portion of section 105(f) of the 
Act pertaining to the annual report to Congress;
    (vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the 
assessment of civil penalties for violations of section 122 of the Act 
(42 U.S.C. 9622), and the granting of awards to individuals providing 
information;
    (viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect 
to the designation of officials who may obligate money in the Hazardous 
Substances Superfund;
    (ix) Section 113(g) of the Act (42 U.S.C. 9613(g)), with respect to 
receiving notification of a natural resource trustee's intent to file 
suit;
    (x) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to 
establishing an administrative record upon which to base the selection 
of a response action and identifying and notifying potentially 
responsible parties;

[[Page 241]]

    (xi) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to 
preliminary assessment and site inspection of facilities;
    (xii) Section 117 (a) and (c) of the Act (42 U.S.C. 9617 (a) and 
(c)), with respect to public participation in the preparation of any 
plan for remedial action and explanation of variances from the final 
remedial action plan for any remedial action or enforcement action, 
including any settlement or consent decree entered into;
    (xiii) Section 119 of the Act (42 U.S.C. 9619), with respect to 
indemnifying response action contractors;
    (xiv) Section 121 of the Act (42 U.S.C. 9621), with respect to 
cleanup standards; and
    (xv) Section 122 of the Act (42 U.S.C. 9622), with respect to 
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C. 
9622(b)(1)), related to mixed funding agreements.
    (40) Exercise the functions of the Secretary authorized in the 
Federal Onshore Oil and Gas Leasing Reform Act of 1987 (30 U.S.C. 226 et 
seq.).
    (41) With respect to facilities and activities under his or her 
authority, to exercise the authority of the Secretary of Agriculture 
pursuant to section 1-102 related to compliance with applicable 
pollution control standards and section 1-601 of Executive Order 12088, 
3 CFR, 1978 Comp., p. 243, to enter into an inter-agency agreement with 
the United States Environmental Protection Agency, or an administrative 
consent order or a consent judgment in an appropriate United States 
District Court with an appropriate State, interstate, or local agency, 
containing a plan and schedule to achieve and maintain compliance with 
applicable pollution control standards established pursuant to the 
following:
    (i) Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act, the Hazardous and Solid Waste Amendment, 
and the Federal Facility Compliance Act (42 U.S.C. 6901 et seq.);
    (ii) Federal Water Pollution Prevention and Control Act, as amended 
(33 U.S.C. 1251 et seq.);
    (iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.);
    (iv) Clean Air Act, as amended (42 U.S.C. 7401 et seq.);
    (v) Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq.);
    (vi) Toxic Substances Control Act, as amended, (15 U.S.C. 2601 et 
seq.);
    (vii) Federal Insecticide, Fungicide, and Rodenticide Act, as 
amended (7 U.S.C. 136 et seq.); and
    (viii) Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended by the Superfund Amendments and 
Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.).
    (42) With respect to land and facilities under his or her authority, 
exercise the functions delegated to the Secretary by Executive Order 
12580, 3 CFR, 1987 Comp., p. 193, and Executive Order 12777, 3 CFR, 1991 
Comp., p. 351, to act as Federal trustee for natural resources in 
accordance with section 107(f) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C 9607(f)), 
section 311(f)(5) of the Federal Water Pollution Control Act (33 U.S.C. 
1321(f)(5)), and section 1006(b)(2) of the Oil Pollution Act of 1990 (33 
U.S.C. 2706(b)(2)).
    (43) With respect to land and facilities under his or her authority, 
to exercise the authority vested in the Secretary of Agriculture to act 
as the ``Federal Land Manager'' pursuant to the Clean Air Act, as 
amended, 42 U.S.C. 7401 et seq.
    (44) Administer the Public Lands Corps program (16 U.S.C. 1721 et 
seq.) for USDA consistent with the Department's overall national service 
program.
    (45) Jointly administer the Forestry Incentives Program with the 
Natural Resources Conservation Service, in consultation with State 
Foresters, under section 4 of the Cooperative Forestry Assistance Act of 
1978 (16 U.S.C. 2103).
    (46) Focusing on countries that could have a substantial impact on 
global warming, provide assistance that promotes sustainable development 
and global environmental stability; share technical, managerial, 
extension, and

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administrative skills; provide education and training opportunities; 
engage in scientific exchange; and cooperate with domestic and 
international organizations that further international programs for the 
management and protection of forests, rangelands, wildlife, fisheries 
and related natural resources (16 U.S.C. 4501-4505).
    (47) Exercise the functions of the Secretary of Agriculture 
authorized in Title V of the Department of the Interior and Related 
Agencies Appropriations Act of 1998, Pub. L. 105-83, relating to the 
acquisition so the New World Mines and other priority land acquisitions, 
land exchanges, and other activities.
    (48) Enter into pilot projects with the Bureau of Land Management 
(BLM), U.S. Department of the Interior, in support of the Service First 
initiative for the purpose of promoting customer service and efficiency 
in managing National Forest System lands and public lands and delegate 
to BLM employees those Forest Service authorities necessary to carry out 
those pilot projects (Pub. L. 106-291).
    (49) At the request of the Director, Homeland Security Staff 
(Director), designate law enforcement personnel of the Forest Service to 
assist the Director in providing for the personal security for the 
Secretary and the Deputy Secretary in the National Forest System.
    (50) Implement the information disclosure authorities of section 
1619(b)(3)(A) of the Food, Conservation, and Energy Act of 2008 (7 
U.S.C. 8791(b)(3)(A)).
    (51) Administer a program, through the Deputy Chief of State and 
Private Forestry, for providing loans to eligible units of local 
government to finance the purchase of equipment to monitor, remove, 
dispose of, and replace infested trees located under their jurisdiction 
and within the borders of quarantined areas (16 U.S.C. 2104a).
    (52) Conduct a competitive research and development program to 
encourage the use of forest biomass for energy (7 U.S.C. 8112).
    (53) Administer the community wood energy program providing grants 
for community wood energy plans and energy systems (7 U.S.C. 8113).
    (b) Reservations. The following authorities are reserved to the 
Under Secretary for Natural Resources and Environment:
    (1) The authority to issue final rules and regulations relating to 
the administration of Forest Service programs, except as provided in 36 
CFR 261.70 and Sec. 2.60(a)(37).
    (2) As deemed necessary for administrative purposes, the authority 
to divide into and designate as national forests any lands of more than 
3,000 acres acquired under or subject to the Weeks Act of March 1, 1911, 
as amended (16 U.S.C. 521).
    (3) The authority to make recommendations to the Administrator of 
General Services regarding transfer to other Federal, State, or 
Territorial agencies lands acquired under the Bankhead-Jones Farm Tenant 
Act, together with recommendations on the conditions of use and 
administration of such lands, pursuant to the provisions of section 
32(c) of title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 
1011(c), and Executive Order 11609, 3 CFR, 1971-1975 Comp., p. 586).
    (4) Making recommendations to the President for establishing new 
units or adding to existing units of the National Wild and Scenic Rivers 
System (16 U.S.C. 1271-1278); National Scenic Trails System (16 U.S.C. 
1241-1249) and the National Wilderness Preservation System (16 U.S.C. 
1131-1136).
    (5) Signing of declarations of taking and requests for condemnation 
of property as authorized by law to carry out the mission of the Forest 
Service (40 U.S.C. 257).
    (6) Approval of acquisition of land under the Weeks Act of March 1, 
1911, as amended (16 U.S.C. 521), and special forest receipts acts (Pub. 
L. No. 337, 74th Cong., 49 Stat. 866, as amended by Pub. L. No. 310, 
78th Cong., 58 Stat. 227; Pub. L. No. 505, 75th Cong., 52 Stat. 347, as 
amended by Pub. L. No. 310, 78th Cong., 58 Stat. 227; Pub. L. No. 634, 
75th Cong., 52 Stat. 699, as amended by Pub. L. No. 310, 78th Cong., 58 
Stat. 227; Pub. L. No. 748, 75th Cong., 52 Stat. 1205, as amended by 
Pub. L. No. 310, 78th Cong., 58 Stat. 227; Pub. L. No. 427, 76th Cong., 
54 Stat. 46; Pub. L. No. 589, 76th Cong.,

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54 Stat. 297; Pub. L. No. 591, 76th Cong., 54 Stat. 299; Pub. L. No. 
637, 76th Cong., 54 Stat. 402; Pub. L. No. 781, 84th Cong., 70 Stat. 
632) of $250,000 or more in value for national forest purposes.
    (7) The authority to approve disbursements from the New World Mine 
Response and Restoration Account and the authority to prepare and 
approve the New World Mine Response and Restoration Plan, including the 
coordination of the response and restoration activities of the Forest 
Service and the other Federal and State agencies, and make quarterly 
reports to Congress under section 502(d) and (f) of Title V of the 
Department of the Interior and Related Agencies Appropriations Act of 
1998, Pub. L. 105-83.

[60 FR 56393, Nov. 8, 1995, as amended at 64 FR 34967, June 30, 1999; 65 
FR 12429, Mar. 9, 2000; 67 FR 59135, Sept. 20, 2002; 72 FR 36859, July 
6, 2007; 74 FR 3408, Jan. 21, 2009]



Sec. 2.61  Chief, Natural Resources Conservation Service.

    (a) Delegations. Pursuant to Sec. 2.20 (a)(1), (a)(3), (a)(5), 
(a)(6), (a)(7)(ii) and (a)(8), subject to reservations in Sec. 
2.20(b)(1), the following delegations of authority are made by the Under 
Secretary for Natural Resources and Environment 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 Administrator, Cooperative State Research, Education, and Extension 
Service in Sec. 2.66(a)(76).
    (3) Administer the basic program of soil and water conservation 
under Pub. L. No. 46, 74th Congress, as amended, and related laws (16 
U.S.C. 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 nonmetroplitan 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

[[Page 244]]

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 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:

[[Page 245]]

    (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, Pub. L. 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);
    (xix) 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), except for responsibilities 
assigned to the Under Secretary for Farm and Foreign Agricultural 
Services; 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.
    (xviii) 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 Natural Resources 
and Environment.
    (xviii) The authority in section 1241 of the Act (16 U.S.C. 3841) to 
accept and

[[Page 246]]

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.
    (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) Jointly administer the Forestry Incentives Program with the 
Forest Service, in consultation with State Foresters, under section 4 of 
the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103).
    (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.
    (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 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

[[Page 247]]

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 and Environment:
    (i) The equitable relief provisions of section 1613 (7 U.S.C. 7996);
    (ii) The tracking of benefits under section 1614 (7 U.S.c. 7997); 
and
    (iii) The development of a plan and related report to coordinate 
land retirement and agricultural working land conservation programs 
under section 2005 (16 U.S.C. 3801 note).
    (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).
    (b) Reservations. The following authorities are reserved to the 
Under Secretary for Natural Resources and Environment:
    (1) Executing cooperative agreements and memoranda of understanding 
for multi-agency cooperation with conservation districts and other 
districts

[[Page 248]]

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-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.

[60 FR 56393, Nov. 8, 1995, as amended at 62 FR 1031, Jan. 8, 1997; 68 
FR 27444, May 20, 2003; 74 FR 3409, Jan. 21, 2009; 75 FR 43381, July 23, 
2010]



Subpart K_Delegations of Authority by the Under Secretary for Research, 
                        Education, and Economics



Sec. 2.63  Deputy Under Secretary for Research, Education, and Economics.

    Pursuant to Sec. 2.21(a), subject to reservations in Sec. 2.21(b), 
and subject to policy guidance and direction by the Under Secretary, the 
following delegation of authority is made by the Under Secretary for 
Research, Education, and Economics, 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 Research, Education, and Economics.



Sec. 2.65  Administrator, Agricultural Research Service.

    (a) Delegations. Pursuant to Sec. 2.21(a)(1), (a)(3) and (a)(5) 
through (a)(7), subject to reservations in Sec. 2.21(b)(1), the 
following delegations of authority are made by the Under Secretary for 
Research, Education, and Economics to the Administrator, Agricultural 
Research Service:
    (1) Coordinate USDA policy relative to the Federal Insecticide, 
Fungicide, and Rodenticide Act, as amended (7 U.S.C. 136 et seq.) and 
coordinate the Department's Integrated Pest Management Programs and the 
Pesticide Assessment Program (7 U.S.C. 136-136y).
    (2) Conduct research related to the economic feasibility of the 
manufacture and commercialization of natural rubber from hydrocarbon-
containing plants (7 U.S.C. 178-178n).
    (3) Conduct research on the control of undesirable species of 
honeybees in cooperation with specific foreign governments (7 U.S.C. 
284).
    (4) Conduct research concerning domestic animals and poultry, their 
protection and use, the causes of contagious, infectious, and 
communicable diseases, and the means for the prevention and cure of the 
same (7 U.S.C. 391).
    (5) Conduct research related to the dairy industry and to the 
dissemination of information for the promotion of the dairy industry (7 
U.S.C. 402).
    (6) Conduct research and demonstrations at Mandan, ND, related to 
dairy livestock breeding, growing, and feeding, and other problems 
pertaining to the establishment of the dairy and livestock industries (7 
U.S.C. 421-422).
    (7) Conduct research on new uses for cotton and on cotton ginning 
and processing (7 U.S.C. 423-424).
    (8) Conduct research into the basic problems of agriculture in its 
broadest aspects, including, but not limited to, production, marketing 
(other than statistical and economic research but including research 
related to family use of resources), distribution, processing, and 
utilization of plant and animal commodities; problems of human 
nutrition; development of markets for agricultural commodities; 
discovery, introduction, and breeding of new crops, plants, animals, 
both foreign and native; conservation development; and development of 
efficient use of farm buildings, homes, and farm machinery except as 
otherwise delegated in Sec. Sec. 2.22(a)(1)(ii) and 2.79(a)(2) (7 
U.S.C. 427, 1621-1627, 1629, 2201 and 2204).
    (9) Conduct research on varietal improvement of wheat and feed 
grains to enhance their conservation and environmental qualities (7 
U.S.C. 428b).
    (10) [Reserved]
    (11) Enter into agreements with and receive funds from any State, 
other political subdivision, organization, or individual for the purpose 
of conducting cooperative research projects (7 U.S.C. 450a).

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    (12) Conduct research under the IR-4 program (7 U.S.C. 450i(e)).
    (13) Conduct research related to soil and water conservation, 
engineering operations, and methods of cultivation to provide for the 
control and prevention of soil erosion (7 U.S.C. 1010 and 16 U.S.C. 
590a).
    (14) Maintain four regional research laboratories and conduct 
research at such laboratories to develop new scientific, chemical, and 
technical uses and new and extended markets and outlets for farm 
commodities and products and the by-products thereof (7 U.S.C. 1292).
    (15) Conduct a Special Cotton Research Program designed to reduce 
the cost of producing upland cotton in the United States (7 U.S.C. 1441 
note).
    (16) Conduct research to formulate new uses for farm and forest 
products (7 U.S.C. 1632(b)).
    (17) Conduct research to develop and determine methods for the 
humane slaughter of livestock (7 U.S.C. 1904).
    (18) Provide national leadership and support for research programs 
and other research activities in the food and agricultural sciences to 
meet major needs and challenges in food and agricultural system 
productivity; development of new food, fiber, and energy sources; 
agricultural energy use and production; natural resources; promotion of 
the health and welfare of people; human nutrition; and international 
food and agriculture pursuant to the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977, as amended (7 U.S.C. 3101 et 
seq.).
    (19) [Reserved]
    (20) Administer the National Agricultural Science Award for research 
or advanced studies in the food and agricultural sciences (7 U.S.C. 
3153).
    (21) Conduct program evaluations to improve the administration and 
effectiveness of agricultural research and education programs (7 U.S.C. 
3317).
    (22) Enter into contracts, grants, or cooperative agreements to 
further research programs and library and related information programs 
supporting research, extension, and teaching programs in the food and 
agricultural sciences (7 U.S.C. 3318).
    (23) Enter into cost-reimbursable agreements with State cooperative 
institutions or other colleges and universities for the acquisition of 
goods or services in support of research, extension, or teaching 
activities in the food and agricultural sciences, including the 
furtherance of library and related information programs (7 U.S.C. 
3319a).
    (24) Conduct research for the development of supplemental and 
alternative crops (7 U.S.C. 3319d).
    (25) Conduct research on potential uses for compost from 
agricultural wastes, including evaluating the application of compost on 
soil, plants, and crops (7 U.S.C. 3130).
    (26) [Reserved]
    (27) Cooperate and work with national and international 
institutions, Departments and Ministries of Agriculture in other 
nations, land-grant colleges and universities, and other persons 
throughout the world in the performance of agricultural research 
activities (7 U.S.C. 3291).
    (28) Provide a biennial report to the Committee on Agriculture of 
the House of Representatives and the Committee on Agriculture, 
Nutrition, and Forestry of the Senate on efforts of the Federal 
Government to coordinate international agricultural research within the 
Federal Government, and to more effectively link the activities of 
domestic and international agricultural researchers, particularly 
researchers of the Agricultural Research Service (7 U.S.C. 3291(d)(2)).
    (29) Conduct a program of basic research on cancer in animals and 
birds (7 U.S.C. 3902).
    (30) Conduct and coordinate Departmental research programs on water 
quality and nutrient management (7 U.S.C. 5504).
    (31) Conduct research to optimize crop and livestock production 
potential, integrated resource management, and integrated crop 
management (7 U.S.C. 5821).
    (32) Administer a national research program on genetic resources to 
provide for the collection, preservation, and dissemination of genetic 
material important to American food and agriculture production (7 U.S.C. 
5841).
    (33) Conduct remote-sensing and other weather-related research (7 
U.S.C. 5852).

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    (34) Administer grants and conduct research programs to measure 
microbiological and chemical agents associated with the production, 
preparation, processing, handling, and storage of agricultural products 
(7 U.S.C. 5871-5874).
    (35) Conduct research on integrated pest management, including 
research to benefit floriculture (7 U.S.C. 5881).
    (36) Conduct research in the control and eradication of exotic pests 
(7 U.S.C. 5883).
    (37) Conduct research to study the biology and behavior of chinch 
bugs (7 U.S.C. 5884).
    (38) Administer a grant program for risk assessment research to 
address concerns about the environmental effects of biotechnology (7 
U.S.C. 5921).
    (39) Conduct a research initiative known as the Agricultural Genome 
Initiative, and make grants or enter into cooperative agreements on a 
competitive basis to carry out the Initiative (7 U.S.C. 5924).
    (40) Facilitate access, including through the National Agricultural 
Library, by research and extension professionals, farmers, and other 
interested persons in the United States to, and the use by those persons 
of, organic research conducted outside the United States (7 U.S.C. 
5925d).
    (41)-(46) [Reserved]
    (47) Coordinate USDA policy and programs relating to global climate 
change (7 U.S.C. 6701-6703).
    (48) Coordinate Departmental policies under the Toxic Substances 
Control Act (15 U.S.C. 2601-2629).
    (49) With respect to facilities and activities under his or her 
authority, to exercise the authority of the Secretary of Agriculture 
pursuant to section 1-102 related to compliance with applicable 
pollution control standards and section 1-601 of Executive Order 12088, 
3 CFR, 1978 Comp., p. 243, to enter into an inter-agency agreement with 
the United States Environmental Protection Agency, or an administrative 
consent order or a consent judgment in an appropriate State, interstate, 
or local agency, containing a plan and schedule to achieve and maintain 
compliance with applicable pollution control standards established 
pursuant to the following:
    (i) Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act, as further amended by the Hazardous and 
Solid Waste Amendments, and the Federal Facility Compliance Act (42 
U.S.C. 6901 et seq.);
    (ii) Federal Water Pollution Prevention and Control Act, as amended 
(33 U.S.C. 1251 et seq.);
    (iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.);
    (iv) Clean Air Act, as amended (42 U.S.C. 7401 et seq.);
    (v) Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq.);
    (vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601 et 
seq.);
    (vii) Federal Insecticide, Fungicide, and Rodenticide Act, as 
amended (7 U.S.C. 136 et seq.); and
    (viii) Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended by the Superfund Amendments and 
Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.).
    (50) Perform research and administer grants for research and 
development in aquaculture (16 U.S.C. 2804).
    (51) Maintain a National Arboretum for the purposes of research and 
education concerning tree and plant life, and order disbursements from 
the Treasury, in accordance with the Act of March 4, 1927 (20 U.S.C. 191 
et seq.).
    (52) Conduct research on foot-and-mouth disease and other animal 
diseases (21 U.S.C. 113a).
    (53) Conduct research on the control and eradication of cattle grubs 
(screwworms) (21 U.S.C. 114e).
    (54) [Reserved]
    (55) Conduct research on losses of livestock in interstate commerce 
due to injury or disease (45 U.S.C. 71 note).
    (56) [Reserved]
    (57) Pursuant to the authority delegated by the Administrator of 
General Services to the Secretary of Agriculture in 34 FR 6406, 36 FR 
1293, 36 FR 18840, and 38 FR 23838, appoint uniformed armed guards and 
special policemen, make all needful rules and regulations, and annex to 
such rules and regulations such reasonable penalties (not to exceed 
those prescribed in 40 U.S.C. 318(c)), as will insure their enforcement, 
for the protection of persons, property, buildings, and grounds of the 
Arboretum, Washington, DC; the

[[Page 251]]

U.S. Meat Animal Research Center, Clay Center, NE.; the Agricultural 
Research Center, Beltsville, MD; and the Animal Disease Center, Plum 
Island, NY, over which the United States has exclusive or concurrent 
criminal jurisdiction, in accordance with the limitations and 
requirements of the Federal Property and Administrative Services Act of 
1949, as amended (40 U.S.C. 471 et seq.), the Act of June 1, 1948, as 
amended (40 U.S.C. 318 et seq.), and the policies, procedures, and 
controls prescribed by the General Services Administration. Any rules or 
regulations promulgated under this authority shall be approved by the 
Director, Office of Operations, and the General Counsel prior to 
issuance.
    (58) Administer the Department's Patent Program except as delegated 
to the General Counsel in Sec. 2.31(e).
    (59) Provide management support services for the Economic Research 
Service, the Cooperative State Research, Education and Extension 
Service, and the National Agricultural Statistics Service as agreed upon 
by the agencies with authority to take actions required by law or 
regulation. As used herein, the term management support services 
includes budget, finance, personnel, procurement, property management, 
communications, paperwork management, ADP support, and related 
administrative services.
    (60) With respect to land and facilities under his or her authority, 
exercise the functions delegated to the Secretary by Executive Order 
12580, 3 CFR, 1987 Comp