[Federal Register Volume 83, Number 230 (Thursday, November 29, 2018)]
[Rules and Regulations]
[Pages 61309-61318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25443]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 83, No. 230 / Thursday, November 29, 2018 /
Rules and Regulations
[[Page 61309]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 2
RIN 0503-AA63
Revision of Delegations of Authority
AGENCY: Office of the Secretary, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Secretary of Agriculture is authorized to delegate
functions, powers, and duties as the Secretary deems appropriate. This
document amends the existing delegations of authority by adding and
modifying certain delegations, as explained in the Supplementary
Information section below.
DATES: Effective November 29, 2018.
FOR FURTHER INFORMATION CONTACT: Melissa McClellan, Office of the
General Counsel, (202) 720-5565, [email protected].
SUPPLEMENTARY INFORMATION: This rule makes several changes to the
United States Department of Agriculture's (USDA) delegations of
authority in 7 CFR part 2 by adding new delegations and modifying
existing delegations.
Overview of Changes
A. Departmental Administration
Throughout part 2, this rule revises references to ``Departmental
Management'' to read ``Departmental Administration'' to reflect the
renaming of the former Departmental Management mission area, which
reports to the Assistant Secretary for Administration. See Secretary's
Memorandum (SM) 1076-022 (Feb. 2, 2018), available at https://www.ocio.usda.gov/sites/default/files/docs/2012/SM1076-22_DA_Reorg_20180202.pdf.
In addition, the rule revises the delegations in part 2 to reflect
the reorganization of the former Office of Procurement and Property
Management (OPPM). The Director of the new Office of Contracting and
Procurement (OCP) will receive the delegations of authority related to
contracting and procurement activities formerly delegated by the
Assistant Secretary of Administration to the Director of OPPM. The
delegations of authority concerning real and personal property, fleet,
and materials management that were formerly delegated by the Assistant
Secretary for Administration to the Director of OPPM are now delegated
to the Director of the newly established Office of Property and Fleet
Management.
The rule further revises the delegations of authority to the Chief
Information Officer (CIO) and to the Director of the Office of the
Executive Secretariat (OES) at Sec. 2.97 to reflect that the authority
to ``Administer the Departmental records, forms, reports and Directives
Management Programs'' has been transferred from OCIO to OES.
Throughout part 2, this rule changes the name of the ``Office of
Homeland Security and Emergency Coordination'' to the ``Office of
Homeland Security,'' and makes changes to the delegations of authority
to the Director of OHS, including transferring responsibility for USDA
response efforts under the Oil Pollution Act of 1990 from OHS to the
Office of Property and Fleet Management.
B. Mission Area Business Centers
Pursuant to Secretary's Memorandum 1076-018, this rule establishes
new delegations of authority for the Chief Operating Officer of the
Farm Production and Conservation (FPAC) Business Center to reflect the
consolidation of management support functions for the agencies of the
FPAC mission area. The rule also revokes certain delegations of
authority to the Administrator of the Farm Service Agency (FSA) that
have been transferred to the FPAC Business Center as part of this
consolidation of functions.
Similarly, the rule establishes new delegations for the Chief
Operating Officer of the Rural Development (RD) Business Center to
reflect the consolidation of management support functions for the RD
agencies, and revokes certain delegations of authority to the
Administrators of the Rural Utilities Service (RUS), Rural Business-
Cooperative Service (RBS), and Rural Housing Service (RHS) related to
environmental laws that have been transferred to the RD Business
Center. In addition, the rule revokes the published delegation of
authority to the RHS Administrator to collect, service and liquidate
RHS loans, and redelegates these loan servicing functions for the RHS
single family housing loan programs to the RD Business Center. The
Assistant to the Secretary for RD also may transfer loan servicing for
other RHS programs (e.g., Multifamily Housing, Community Facilities)
and for RUS and RBS to the RD Business Center in the future. To provide
flexibility as the RD Business Center grows, the Assistant to the
Secretary for RD will issue written delegations of authority for other
RD loan servicing functions as necessary.
The management support functions for the agencies comprising the
Research, Education, and Economics (REE) mission area have long been
consolidated in an Administrative and Financial Management office
organizationally located in the Agricultural Research Service (ARS).
This rules updates the existing delegation to the Administrator of ARS
to add information technology services to the management support
services that the business center in ARS provides to all REE agencies
on a reimbursable basis.
Similarly, the management support functions for the agencies in the
Marketing and Regulatory Programs mission area have long been
consolidated in a business center residing in the Animal and Plant
Health Inspection Service (APHIS). This rule updates the existing
delegation of authority to the Administrator of APHIS to add
information technology services to the consolidated management support
functions provided by APHIS to AMS on a reimbursable basis.
This rule further revises the delegations of authority to the Chief
Information Officer to reflect that each mission area, rather than each
agency, has one Chief Information Officer. See SM 1076-18 (Nov. 14,
2017), at https://www.ocio.usda.gov/sites/default/files/docs/2012/SM%201076-18.pdf.
C. Office of Partnerships and Public Engagement
The rule also revises the delegations to recognize the
establishment of the Office of Partnerships and Public Engagement
(OPPE), which now oversees the Office of Advocacy and Outreach (OAO),
the Office of Tribal
[[Page 61310]]
Relations (OTR), the Military Veterans Agricultural Liaison, the Center
for Faith-Based and Neighborhood Partnerships, and certain youth and
other public-facing initiatives of the Department. See SM 1076-018
(Nov. 14, 2017), available at https://www.ocio.usda.gov/document/secretarys-memorandum-1076-018. The rule revokes the obsolete
delegations of authority by the Secretary to the ASA related to OAO and
OTR. The delegations of authority to the Director of OAO and to the
Director of OTR that were formerly published as delegations by the ASA
are now located in a new subpart V as delegations by the Director of
OPPE. The Director of OTR continues to advise the Secretary on matters
of policy related to Indian tribes in accordance with 7 U.S.C. 6921,
and to serve as the point of contact in accessing Department-wide
information regarding tribal issues.
D. Grain Inspection, Packers and Stockyards Administration, U.S.
Warehouse Act, and Commodity Procurement
This rule also revises the delegations of authority to reflect the
elimination of the Grain Inspection, Packers, and Stockyards
Administration (GIPSA) as a stand-alone agency, and the transfer of the
former GIPSA delegations to the AMS Administrator. This rule further
transfers to the AMS Administrator the responsibility to administer the
U.S. Warehouse Act (7 U.S.C. 241-273), which was formerly delegated to
the FSA Administrator. The rule further consolidates commodity
procurement across the Department by transferring delegations related
to international commodity procurement from the Under Secretary of FPAC
and the FSA Administrator to the Under Secretary for Marketing and
Regulatory Programs and the AMS Administrator. See SM 1076-018 (Nov.
14, 2017).
E. Office of Pest Management Policy
Pursuant to 7 U.S.C. 7653, the Office of Pest Management Policy
(OPMP) represents the Department in fulfilling responsibilities related
to management of pesticides under the Food Quality Protection Act of
1996, the Federal Insecticide, Fungicide, and Rodenticide Act, and the
Federal Food, Drug and Cosmetic Act and other applicable laws, and
leads and coordinates the Department's pest management and
biotechnology efforts. Prior to the 2017 reorganization of the
Department, OPMP was located in ARS, and there were no published
delegations of authority to the OPMP Director. This rule reflects the
realignment of OPMP within the Office of the Chief Economist (OCE), and
establishes a new section of delegations by the Chief Economist to the
Director of OPMP at Sec. 2.75. In addition, the rule removes the
outdated delegations to the Under Secretary for REE at Sec.
2.21(a)(1)(iii), to the Administrator of ARS at Sec. 2.65(a)(1), and
to the Director of the National Institute of Food and Agriculture at
Sec. 2.66(a)(115). See SM 20176-018 (Nov. 14, 2017). The revocation of
these authorities is intended solely to reflect the administrative
relocation of OPMP from ARS to OCE, and does not affect the authority
of the Under Secretary of REE, the ARS Administrator, or the NIFA
Director to carry out their programs.
F. Office of Energy and Environmental Policy
This rule further revises the delegations of authority to reflect
the realignment of the climate, environmental markets, and energy
policy functions of OCE. The new position of Director of the Office of
Energy and Environmental Policy (OEEP) will oversee the Office of
Energy Policy and New Uses, the Office of Environmental Markets, and
the Climate Change Program Office, and will coordinate policy analysis,
long-range planning, research priority setting, and response strategies
for addressing energy development and environmental policy. To effect
this change, the delegations formerly located at Sec. 2.74, related to
the Climate Change Program Office, and at Sec. 2.75, related to the
Office of Environmental Markets, are now consolidated under the
delegations of authority to the Director of OEEP at Sec. 2.73.
G. Settlement Authority for Commitments That Cannot Be Ratified
This rule also revises the delegations to the Chief Financial
Officer (CFO) by adding a new delegation to settle claims that are not
otherwise provided for under 31 U.S.C. 3702(a) or another provision of
law. Congress granted this claims settlement authority to the Director
of the Office of Management and Budget in 31 U.S.C. 3702(a)(4), and the
Director further delegated the authority to each Executive Branch
agency. See Determination with Respect to Transfer of Functions
Pursuant to Public Law 104-316, Office of Management and Budget (Dec.
17, 1996).
Pursuant to the new delegation at Sec. 2.28(a)(30), the CFO now
has the authority to resolve contract claims that are not ratifiable,
including as described in the Federal Acquisition Regulation at 48 CFR
1.602-3(d).
H. Miscellaneous Revisions
This rules also makes the following miscellaneous revisions to the
delegations. The authority to collect, summarize, and publish data on
the production, distribution, and stocks of sugar is transferred from
the Under Secretary for Marketing and Regulatory Programs and AMS
Administrator to the Under Secretary for FPAC and FSA Administrator to
reflect the current operation of these activities. The delegation of
authority to the Under Secretary for FPAC related to defense and
emergency preparedness is revised to eliminate references to ``foreign
agricultural intelligence and other foreign agricultural matters,''
which are covered by an existing delegation to the Under Secretary for
Trade and Foreign Agricultural Affairs. Finally, the delegations of
authority to the Under Secretary for Marketing and Regulatory Programs
and the Administrator of AMS have been revised to include updated
citations to the Agricultural Marketing Act of 1946.
Classification
This rule relates to internal agency management. Accordingly,
pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity
for comment are not required, and this rule may be made effective less
than 30 days after publication in the Federal Register. This rule also
is exempt from the provisions of Executive Orders 12866 and 13771. This
action is not a rule as defined by the Regulatory Flexibility Act, as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996, 5 U.S.C. 601 et seq., or the Congressional Review Act, 5 U.S.C.
801 et seq., and thus is exempt from the provisions of those acts. This
rule contains no information collection or recordkeeping requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 7 CFR Part 2
Authority delegations (Government agencies).
Accordingly, as discussed in the preamble, 7 CFR part 2 is amended
as follows:
PART 2--DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE
AND GENERAL OFFICERS OF THE DEPARTMENT
0
1. The authority citation for part 2 continues to read as follows:
Authority: 7 U.S.C. 6912(a)(1); 5 U.S.C. 301; Reorganization
Plan No. 2 of 1953, 3 CFR 1949-1953 Comp., p. 1024.
[[Page 61311]]
0
2. In part 2, revise all references to ``Departmental Management'' to
read ``Departmental Administration,'' and revise all references to
``Office of Homeland Security and Emergency Coordination'' to read
``Office of Homeland Security''.
Subpart A--General
0
3. Section 2.4 is revised to read as follows:
Sec. 2.4 General officers.
The work of the Department is under the supervision and control of
the Secretary who is assisted by the following general officers: The
Deputy Secretary, the Under Secretary for Farm Production and
Conservation; the Under Secretary for Food, Nutrition, and Consumer
Services, the Under Secretary for Food Safety; the Under Secretary for
Marketing and Regulatory Programs; the Under Secretary for Natural
Resources and Environment; the Under Secretary for Research, Education,
and Economics; the Under Secretary for Trade and Foreign Agricultural
Affairs; the Assistant Secretary for Administration; the Assistant
Secretary for Civil Rights; the Assistant Secretary for Congressional
Relations; the Assistant to the Secretary for Rural Development; the
Chief Economist; the Chief Financial Officer; the Chief Information
Officer; the General Counsel; the Inspector General; the Judicial
Officer; the Director, National Appeals Division; the Director, Office
of Budget and Program Analysis; the Director, Office of Communications;
the Director, Office of Partnerships and Public Engagement; the
Director, Office of Tribal Relations; and the Director, Office of Small
and Disadvantaged Business Utilization.
Subpart C--Delegations of Authority to the Deputy Secretary, Under
Secretaries, and Assistant Secretaries
0
4. Amend Sec. 2.16 by:
0
a. Removing and reserving paragraphs (a)(1),(iv), and (xvi);
0
b. Adding paragraph (a)(1)(xvii);
0
c. Revising the reference to ``Assistant Secretary for Administration''
to read ``Director, Office of Partnerships and Public Engagement'' in
paragraphs (a)(1)(xxviii) and (xxxiii); and
0
d. Revising paragraphs (a)(3)(iv)(G) and (a)(6)(i).
The addition and revisions read as follows:
Sec. 2.16 Under Secretary for Farm Production and Conservation.
(a) * * *
(1) * * *
(xvii) Collect, summarize, and publish data on the production,
distribution, and stocks of sugar.
* * * * *
(3) * * *
(iv) * * *
(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.
* * * * *
(6) * * *
(i) Administer responsibilities and functions assigned under the
Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), and title
VI of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5195 et seq.), concerning 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; and farm credit and
financial assistance.
* * * * *
Sec. 2.17 [Amended]
0
5. Amend Sec. 2.17 by revising the references to ``Assistant Secretary
for Administration'' to read ``Director, Office of Partnerships and
Public Engagement'' in paragraphs (a)(20)(xi), (a)(21)(xxv), and
(a)(22)(viii).
Sec. 2.21 [Amended]
0
6. Amend Sec. 2.21 by removing and reserving paragraph (a)(1)(iii).
0
7. Amend Sec. 2.22 by:
0
a. Revising paragraphs (a)(1)(i) and (a)(1)(viii)(X);
0
b. Removing and reserving paragraphs (a)(1)(viii)(CC) and (a)(1)(x);
and
0
c. Adding paragraphs (a)(1)(xiv),(xv), and (xvi).
The revisions and additions read as follows:
Sec. 2.22 Under Secretary for Marketing and Regulatory Programs.
(a) * * *
(1) * * *
(i) Exercise the functions of the Secretary of Agriculture
contained in the Agricultural Marketing Act of 1946, as amended (7
U.S.C. 1621 et seq.), 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.
* * * * *
(viii) * * *
(X) Beef Research and Information Act, as amended (7 U.S.C. 2901-
2918), except as delegated to the Under Secretary for Trade and Foreign
Agricultural Affairs in Sec. Sec. 2.26(a)(1)(xiv) and (a)(3)(x);
* * * * *
(xiv) Administer the U.S. Warehouse Act, as amended (7 U.S.C. 241-
273), and perform compliance examinations for Agricultural Marketing
Services programs.
(xv) 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), and payment and
related services with respect to export programs and barter operations.
* * * * *
0
8. Amend Sec. 2.24 by removing and reserving paragraphs (a)(7),
(a)(8)(ii)(F) and (I), revising paragraph (a)(8)(iii), and removing and
reserving paragraph (a)(8)(vii).
The revision reads as follows:
Sec. 2.24 Assistant Secretary for Administration.
(a) * * *
(8) * * *
(iii) Administer the Classified Network, Controlled Unclassified
Information, and Insider Threat programs of the Department (E.O. 13587;
E.O. 13556 and 32 CFR part 2002).
* * * * *
Subpart D--Delegations of Authority to Other General Officers and
Agency Heads
0
9. Amend Sec. 2.28 by:
0
a. In paragraph (a)(27), removing the term ``Office of Procurement and
Property Management'' and adding in its place the term ``Office of
Contracting and Procurement''; and
0
b. Adding paragraph (a)(30).
The addition reads as follows:
Sec. 2.28 Chief Financial Officer.
(a) * * *
(30) Settle claims not otherwise provided for under 31 U.S.C.
3702(a) or another provision of law.
* * * * *
0
10. Amend Sec. 2.29 by adding paragraph (a)(16) to read as follows:
Sec. 2.29 Chief Economist.
(a) * * *
(16) Related to Pest Management and Policy. Coordinate USDA policy
relative to the Federal Insecticide, Fungicide,
[[Page 61312]]
and Rodenticide Act, as amended (7 U.S.C. 136 et seq.) and coordinate
the Department's Integrated Pest Management Programs and the Pesticide
Assessment Program (7 U.S.C.136-136y) (7 U.S.C. 7653).
* * * * *
0
11. Revise Sec. 2.38 to read as follows:
Sec. 2.38 Director, Office of Partnerships and Public Engagement.
(a) Delegations. The following delegations of authority are made by
the Secretary of Agriculture to the Director, Office of Partnerships
and Public Engagement:
(1) 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) 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, including through the use of cooperative agreements under 7
U.S.C. 3318(b).
(xv) Serve as a lead agency in carrying out student internship
programs (7 U.S.C. 2279c).
(xvi) Coordinate outreach to Asian Americans and Pacific Islanders.
(2) Related to Indian tribes:
(i) Serve as the Department's primary point of contact for tribal
issues.
(ii) Advise the Secretary on policies related to Indian tribes.
(iii) Serve as the official with principal responsibility for the
implementation of Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments,'' including the provision
of Department-wide guidance and oversight regarding tribal
consultation, coordination, and collaboration.
(iv) Coordinate the Department's programs involving assistance to
American Indians and Alaska Natives.
(v) Enter into cooperative agreements to improve the coordination
and effectiveness of Federal programs, services, and actions affecting
rural areas (7 U.S.C. 2204b(b)(4)); and to provide outreach and
technical assistance to socially disadvantaged farmers and ranchers and
veteran farmers and ranchers (7 U.S.C. 2279(a)(3)).
(3) Oversee the Military Veterans Agricultural Liaison (7 U.S.C.
6919).
(4) Oversee the Center for Faith-Based and Neighborhood
Partnerships.
(5) Oversee the Women in Agriculture Initiative.
(6) With the exception of competitive grant programs administered
by the National Institute of Food and Agriculture, or any youth
employment opportunity programs such as Pathways or Job Corp, serve as
the Department lead for strategic planning and coordinating youth
outreach activities of USDA agencies' programs (including, but not
limited to, 4-H; Science, Technology, Engineering and Math (STEM)
programs; information and cyber technology student programs, Future
Farmers of America (FFA) activities; summer high school internships;
and youth gardening programs); development of program evaluation
metrics and consistent messaging for youth outreach activities; and
monitoring goals and objectives.
(b) [Reserved]
Subpart F--Delegations of Authority by the Under Secretary for Farm
Production and Conservation
0
12. Add Sec. 2.41 to read as follows:
Sec. 2.41 Chief Operating Officer, Farm Production and Conservation
Business Center.
(a) Delegations. Pursuant to Sec. 2.16(a), subject to the
reservations in Sec. 2.16(b)(1), the following delegations of
authority are made by the Under Secretary for Farm Production and
Conservation to the Chief Operating Officer, Farm Production and
Conservation Programs Business Center:
(1) Provide to the Farm Service Agency, Natural Resources
Conservation Service, and Risk Management Agency management support
services including information technology, financial management, human
resources, procurement, property management, and related business and
administrative processes.
(2) Administer responsibilities and functions assigned under the
Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), and title
VI of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5195 et seq.), concerning 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; and farm credit and
financial assistance.
(3) Conduct fiscal, accounting and claims functions relating to CCC
programs for which the Foreign Agricultural Service has been delegated
authority under Sec. 2.601 and, in conjunction with other agencies of
the U.S. Government, develop and formulate agreements to reschedule
amounts due from foreign countries.
(4) Administer Section 15353(a) of the Food, Conservation, and
Energy Act of 2008, Public Law 110-246 relating to information
reporting for Commodity Credit Corporation transactions.
(5) 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
[[Page 61313]]
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;
(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.
(b) [Reserved]
0
13. Amend Sec. 2.42 by:
0
a. Removing and reserving paragraphs (a)(3) and (4), (a)(5)(i), and
(a)(7), (12), and (18);
0
b. Adding paragraph (a)(19); and
0
c. Removing and reserving paragraph (a)(56)(ix).
The addition reads as follows:
Sec. 2.42 Administrator, Farm Service Agency.
(a) * * *
(19) Collect, summarize, and publish data on the production,
distribution, and stocks of sugar.
* * * * *
Subpart G--Delegations of Authority by the Assistant to the
Secretary for Rural Development
0
14. Add Sec. 2.46, to read as follows:
Sec. 2.46 Chief Operating Officer, Rural Development Business Center.
(a) Delegations. Pursuant to Sec. 2.17(a), subject to the
reservations in Sec. 2.17(b), the following delegations of authority
are made by the Assistant to the Secretary for Rural Development to the
Chief Operating Officer, Rural Development Business Center: (1) Provide
to the Rural Utilities Service, Rural Housing Service, and Rural
Business-Cooperative Service management support services including
information technology, financial management, human resources,
procurement, property management, and related business and
administrative processes.
(2) With respect to land and facilities under the authority of the
Assistant to the Secretary for Rural Development, exercise the
functions delegated to the Secretary by Executive Order 12580, 3 CFR,
1987 Comp., p. 193, under the following provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (``the
Act''), as amended:
(i) Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a),
(b), and (c)(4)), with respect to removal and remedial actions in the
event of release or threatened release of a hazardous substance,
pollutant, or contaminant into the environment;
(ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with
respect to information gathering and access requests and orders;
compliance with Federal health and safety standards and wage and labor
standards applicable to covered work; and emergency procurement powers;
(iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with
respect to the reduction of exposure to significant risk to human
health;
(iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to
the acquisition of real property and interests in real property
required to conduct a remedial action;
(v) The first two sentences of section 105(d) of the Act (42 U.S.C.
9605(d)), with respect to petitions for preliminary assessment of a
release or threatened release;
(vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to
consideration of the availability of qualified minority firms in
awarding contracts, but excluding that portion of section 105(f)
pertaining to the annual report to Congress;
(vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the
assessment of civil penalties for violations of section 122 of the Act
(42 U.S.C. 9622), and the granting of awards to individuals providing
information;
(viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect
to the designation of officials who may obligate money in the Hazardous
Substances Superfund;
(ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to
establishing an administrative record upon which to base the selection
of a response action and identifying and notifying potentially
responsible parties;
(x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to
preliminary assessment and site inspection of facilities;
(xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and
(c)), with respect to public participation in the preparation of any
plan for remedial action and explanation of variances from the final
remedial action plan for any remedial action or enforcement action,
including any settlement or consent decree entered into;
(xii) Section 119 of the Act (42 U.S.C. 9119), with respect to
indemnifying response action contractors;
(xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to
cleanup standards; and
(xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to
settlements, but excluding section 122(b)(1) of the Act (42 U.S.C.
9622(b)(1)), related to mixed funding agreements.
(3) With respect to facilities and activities under the authority
of the Assistant to the Secretary for Rural Development, 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.).
(4) Collect, service, and liquidate single family housing loans
made, insured, or guaranteed by the Rural Housing Service.
(b) [Reserved.]
[[Page 61314]]
Sec. 2.47 [Amended]
0
15. Amend Sec. 2.47 by removing and reserving paragraphs (a)(11) and
(12).
Sec. 2.48 [Amended]
0
16. Amend Sec. 2.48 by removing and reserving paragraphs (a)(17) and
(18).
Sec. 2.49 [Amended]
0
17. Amend Sec. 2.49 by removing and reserving paragraphs (a)(5), (9),
and (10).
Subpart K--Delegations of Authority by the Under Secretary for
Research, Education, and Economics
0
18. Amend Sec. 2.65 by removing and reserving paragraph (a)(1) and
revising the second sentence in paragraph (a)(59).
The revision reads as follows:
Sec. 2.65 Administrator, Agricultural Research Service.
(a) * * *
(59) * * * As used herein, the term management support services
includes budget, finance, personnel, information technology,
procurement, property management, communications, paperwork management,
and related administrative services.
* * * * *
Sec. 2.66 [Amended]
0
19. Amend Sec. 2.66 by removing and reserving paragraph (a)(115).
Subpart L--Delegations of Authority by the Chief Economist
0
20. Amend Sec. 2.73 by revising the section heading and paragraph (a)
introductory text and adding paragraphs (a)(10) and (11) to read as
follows:
Sec. 2.73 Director, Office of Energy and Environmental Policy.
(a) Delegations. Pursuant to Sec. 2.29(a)(11) through (13) the
following delegations of authority are made by the Chief Economist to
the Director, Office of Energy and Environmental Policy.
* * * * *
(10) Related to global climate change. (i) Coordinate policy
analysis, long-range planning, research, and response strategies
relating to climate change issues.
(ii) Provide liaison with other Federal agencies, through the
Office of Science and Technology Policy, regarding climate change
issues.
(iii) Inform the Department of scientific developments and policy
issues relating to the effects of climate change on agriculture and
forestry, including broader issues that affect the impact of climate
change on the farms and forests of the United States.
(iv) Recommend to the Chief Economist alternative courses of action
with which to respond to such scientific developments and policy
issues.
(v) Ensure that recognition of the potential for climate change is
fully integrated into the research, planning, and decisionmaking
processes of the Department.
(vi) Coordinate global climate change studies.
(vii) Coordinate the participation of the Department in interagency
climate-related activities.
(viii) Consult with the National Academy of Sciences and private,
academic, State, and local groups with respect to climate research and
related activities.
(ix) Represent the Department to the Office of Science and
Technology Policy on issues related to climate change.
(x) Represent the Department on the Intergovernmental Panel on
Climate Change.
(xi) Review all Department budget items relating to climate change
issues, including specifically the research budget to be submitted by
the Secretary to the Office of Management and Budget.
(11) Related to environmental markets. Coordinate implementation of
section 1245 of the Food Security Act of 1985 regarding environmental
services markets (16 U.S.C. 3845).
* * * * *
Sec. 2.74 [Removed and Reserved]
0
21. Remove and reserve Sec. 2.74.
0
22. Revise Sec. 2.75 to read as follows:
Sec. 2.75 Director, Office of Pest Management Policy.
(a) Delegations. Pursuant to Sec. 2.29(a)(16), the following
delegations of authority are made by the Chief Economist to the
Director, Office of Pest Management Policy:
(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) (7 U.S.C. 7653).
(2) [Reserved]
(b) [Reserved]
Subpart N--Delegations of Authority by the Under Secretary for
Marketing and Regulatory Programs
0
20. Amend Sec. 2.79 by:
0
a. Revising paragraph (a)(1);
0
b. Removing and reserving paragraphs (a)(8)(xxxvii) and (10); and
0
c. Adding paragraphs (a)(16) through (22).
The revision and additions read as follows:
Sec. 2.79 Administrator, Agricultural Marketing Service.
(a) * * *
(1) Exercise the functions of the Secretary of Agriculture
contained in the Agricultural Marketing Act of 1946, as amended (7
U.S.C. 1621 et seq.), 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.
* * * * *
(16) Administer the United States Grain Standards Act, as amended
(7 U.S.C. 71-87h).
(17) Administer the Packers and Stockyards Act, 1921, as amended
and supplemented.
(18) Enforce provisions of the Consumer Credit Protection Act (15
U.S.C. 1601-1665, 1681-1681t), with respect to any activities subject
to the Packers and Stockyards Act, 1921, as amended and supplemented.
(19) Exercise the functions of the Secretary of Agriculture
contained in section 1324 of the Food Security Act of 1985 (7 U.S.C.
1631).
(20) 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.
(21) Administer the U. S. Warehouse Act, as amended (7 U.S.C. 241-
273), and perform compliance examinations for Agricultural Marketing
Services programs.
(22) 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), and payment and
related services with respect to export programs and barter operations.
* * * * *
0
21. Amend Sec. 2.80 by revising paragraph (a)(24) to read as follows:
Sec. 2.80 Administrator, Animal and Plant Health Inspection Service.
(a) * * *
(24) Provide management support services for the Agricultural
Marketing Service, as agreed upon by the agencies, with authority to
take actions required by law or regulation. As used herein, the
[[Page 61315]]
term management support services includes information technology,
budget, finance, personnel, procurement, property management,
communications, paperwork management, and related administrative
services.
* * * * *
Sec. 2.81 [Removed and Reserved]
0
22. Remove and reserve Sec. 2.81.
Subpart P--Delegations of Authority by the Assistant Secretary for
Administration
Sec. 2.89 [Amended]
0
23. Amend Sec. 2.89 by:
0
a. Removing and reserving paragraph (a)(11)(xi);
0
b. Removing the term ``agency'' and adding in its place the term
``mission area'' in paragraphs (a)(12)(ii) and (iii);
0
c. Removing the term ``Agency Heads'' and adding in its place the term
``mission area heads'' in paragraph (a)(12)(iv); and
0
d. Removing the term ``agencies'' and adding in its place the term
``mission areas'' in paragraph (a)(12)(vi).
0
24. Add Sec. 2.90 to read as follows:
Sec. 2.90 Director, Office of Property and Fleet Management.
(a) Delegations. Pursuant to Sec. 2.24(a)(6) of this chapter, and
with due deference for delegations to other Departmental Administration
officials, the following delegations of authority are made by the
Assistant Secretary for Administration to the Director, Office of
Property and Fleet Management:
(1) Promulgate policies, standards, techniques, and procedures, and
represent the Department, in the following:
(i) Utilization, value analysis, construction, maintenance, and
disposition of real and personal property, including control of space
assignments.
(ii) Motor vehicle and aircraft fleet and other vehicular
transportation.
(iii) Transportation of things (traffic management).
(iv) 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).
(v) 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.
(vi) 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).
(vii) 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).
(2) Exercise the following special authorities:
(i) Maintain custody and permit appropriate use of the official
seal of the Department.
(ii) Establish policy for the use of the official flags of the
Secretary and the Department.
(iii) Coordinate collection and disposition of personal property of
historical significance.
(iv) 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).
(v) 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.
(vi) Redelegate, as appropriate, the authority in paragraphs (a)(4)
and (a)(6) of this section to agency Property Officials or other
qualified agency officials with no power of further redelegation.
(3) 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).
(4) 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:
(i) 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)).
(ii) Any Institutions eligible to receive funds under the Act of
August 30, 1890 (7 U.S.C. 321, et seq.) including Tuskegee University.
(iii) Any Hispanic-serving Institutions (as defined in section
316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)).
(5) 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).
(6) 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).
(7) Related to compliance with environmental laws and sustainable
operating requirements.
(i) Serve as Departmental Administration Member and Executive
Secretary of the USDA Sustainable Operations Council.
(ii) 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.
(iii) Monitor, review, evaluate, and oversee hazardous materials
management program activities and compliance Department-wide.
(iv) Monitor, review, evaluate, and oversee USDA agency
expenditures for hazardous materials management program
accomplishments.
(v) 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
[[Page 61316]]
(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. When a spill of national
significance is declared under the Oil Pollution Act of 1990,
responsibility for USDA response efforts will transfer to the Office of
Homeland Security and Emergency Coordination, as determined by the
Assistant Secretary for Administration.
(vi) 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.
(vii) 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.
(viii) 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.
(ix) 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).
(8) Exercise responsibility for USDA response efforts when a spill
of national significance is declared under the Oil Pollution Act of
1990, as determined by the Assistant Secretary for Administration.
(b) [Reserved]
0
25. Amend Sec. 2.91 by revising paragraph (a)(21) and adding paragraph
(a)(22) to read as follows:
Sec. 2.91 Director, Office of Human Resources Management.
(a) * * *
(21) Related to occupational safety and health:
(i) 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 and related to occupational safety and health
and workers' compensation programs within the Department.
(ii) Represent the Department in all rulemaking, advisory, or
legislative capacities on any groups, committees, or Governmentwide
activities that affect the USDA Occupational Safety and Health
Management Program.
(iii) Determine and provide Departmentwide technical services and
regional staff support for the safety and health programs.
(iv) Administer the computerized management information systems for
the collection, processing, and dissemination of data related to the
Department's occupational safety and health programs.
(v) Administer the Department's Occupational Health and Preventive
Medicine Program, as well as design and operate employee assistance and
workers' compensation activities.
(vi) Provide education and training on a Departmentwide basis for
safety and health-related issues and develop resource and operational
manuals.
(22) Redelegate, as appropriate, any authority delegated under
paragraphs (a)(1) through (21) of this section to general officers of
the Department and heads of Departmental agencies, provided that the
Director, Office of Human Resources Management retains the authority to
make final decisions in any human resources matter so redelegated.
* * * * *
0
26. Revise Sec. 2.93 to read as follows:
Sec. 2.93 Director, Office of Contracting and Procurement.
(a) Delegations. Pursuant to Sec. 2.24(a)(6) of this chapter, and
with due deference for delegations to other Departmental Administration
officials, the following delegations of authority are made by the
Assistant Secretary for Administration to the Director, Office of
Contracting and Procurement:
(1) Exercise full Departmentwide contracting and procurement
authority.
(2) Promulgate policies, standards, techniques, and procedures, and
represent the Department, in the following:
(i) Acquisition, including, but not limited to, the procurement of
supplies, services, equipment, and construction.
(ii) Socioeconomic programs relating to contracting.
(iii) Selection, standardization, and simplification of program
delivery processes utilizing contracts.
(iv) Acquisition and leasing of real and personal property.
(v) Implementation of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.).
(vi) Implementation of the policies and procedures set forth in OMB
Circular No. A-76, Performance of Commercial Activities.
(3) Exercise the following special authorities:
(i) The Director, Office of Contracting and Procurement, is
designated as the Departmental Debarring Officer and authorized to
perform the functions of 48 CFR part 9, subpart 9.4 related to
procurement activities, except for commodity acquisitions on behalf of
the Commodity Credit Corporation (7 CFR part 1407), with authority to
redelegate suspension and debarment authority for contracts awarded
under the School Lunch and Surplus Removal Programs (42 U.S.C. 1755 and
7 U.S.C. 612c).
(ii) Promulgate regulations for the management of contracting and
procurement for information technology and telecommunication equipment,
software, services, maintenance and related supplies.
(iii) 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) Conduct liaison with the Office of Federal Register (1 CFR
part 16) including the making of required certifications pursuant to 1
CFR part 18.
(4) Exercise authority under the Department's Chief Acquisition
Officer (the Assistant Secretary for
[[Page 61317]]
Administration) 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, with the exception that major system acquisitions
for information technology shall be under the cognizance of the Chief
Information Officer. This delegation includes the authority to:
(i) Ensure that OMB Circular No. A-109 is effectively implemented
in the Department and that the management objectives of the Circular
are realized.
(ii) Review the program management of each major system
acquisition, excluding information technology.
(iii) Designate the program manager for each major system
acquisition, excluding information technology.
(iv) Designate any Departmental acquisition, excluding information
technology, as a major system acquisition under OMB Circular No. A-109.
(5) Pursuant to Executive Order 12931, ``Federal Procurement
Reform,'' and 41 U.S.C. 1702(c), serve as the Senior Procurement
Executive for the Department with responsibility for the following:
(i) Prescribing and publishing Departmental acquisition policies,
advisories, regulations, and procedures.
(ii) Taking any necessary actions consistent with policies,
regulations, and procedures, with respect to purchases, contracts,
leases, agreements, and other transactions.
(iii) Appointing contracting officers.
(iv) Establishing clear lines and limitations of contracting
authority through written delegations of authority.
(v) Approving any Departmental and component agency procurement
systems and processes.
(vi) Managing and enhancing career development of the Department's
acquisition workforce.
(vii) Participating in the development of Governmentwide
procurement policies, regulations and standards, and determining
specific areas where Governmentwide performance standards should be
established and applied.
(viii) Developing unique Departmental standards as required.
(ix) Overseeing the development of procurement goals, guidelines,
and innovation.
(x) Measuring and evaluating procurement office performance against
stated goals.
(xi) Advising the Assistant Secretary for Administration whether
procurement goals are being achieved.
(xii) Prescribing standards for agency Senior Contracting
Officials.
(xiii) Redelegating, suspending, or revoking, as appropriate, the
authority in paragraph (a)(5)(i) of this section to agency Senior
Contracting Officials or other qualified agency officials with no power
of further redelegation.
(xiv) Redelegating, suspending, or revoking, as appropriate, the
authorities in paragraphs (a)(5)(ii), (iii), (iv), (vi), and (vii) of
this section to agency Senior Contracting Officials or other qualified
agency officials with the power of further redelegation.
(6) Represent the Department in establishing standards for
acquisition transactions within the electronic data interchange
environment.
(7) Designate the Departmental Task Order Ombudsman pursuant to 41
U.S.C. 253j.
(8) Serve as Departmental Remedy Coordination Official pursuant to
41 U.S.C. 255 to determine whether payment to any contractor should be
reduced or suspended based on substantial evidence that the request of
the contractor for advance, partial, or progress payment is based on
fraud.
(9) 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).
(10) Issue regulations and directives to implement or supplement
the Federal Acquisition Regulations (48 CFR chapter 1 and 4).
(12) 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:
(i) Reviewing the procurement activities of the Department.
(ii) Developing new initiatives to increase full and open
competition.
(iii) Developing goals and plans and recommending actions to
increase competition.
(iv) Challenging conditions unnecessarily restricting competition
in the acquisition of supplies and services.
(v) Promoting the acquisition of commercial items.
(vi) Designating an Advocate for Competition for each procuring
activity within the Department.
(13) In coordination with the Chief Financial Officer, implement
the debarment authorities in section 14211 of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 2209j), in connection with procurement
activities.
(14) Provide services, including procurement of supplies, services,
and equipment, with authority to take actions required by law or
regulation to perform such services for:
(i) The Secretary of Agriculture.
(ii) The general officers of the Department, except the Inspector
General.
(iii) Any other offices or agencies of the Department as may be
agreed, including as a Working Capital Fund activity.
(b) [Reserved]
Sec. 2.94 [Removed and Reserved]
0
27. Remove and reserve Sec. 2.94.
0
28. Amend Sec. 2.95 by revising paragraph (b)(1)(vi) and removing and
reserving paragraphs (b)(1)(ix) and (xiv) and (b)(2) and (6).
The revision reads as follows:
Sec. 2.95 Director, Office of Homeland Security.
* * * * *
(b) * * *
(iv) Administer the Classified Network, Controlled Unclassified
Information, and Insider Threat programs of the Department (E.O. 13587;
E.O. 13556 and 32 CFR part 2002).
* * * * *
0
29. Amend Sec. 2.97 by adding paragraph (a)(3) to read as follows:
Sec. 2.97 Director, Office of the Executive Secretariat.
(a) * * *
(3) Administer the Departmental records, forms, reports and
directives management programs.
* * * * *
0
30. Add Subpart V, consisting of Sec. Sec. 2.700 and 2.701, to read as
follows:
Subpart V--Delegations of Authority by the Director, Office of
Partnerships and Public Engagement
Sec.
2.700 Director, Office of Advocacy and Outreach.
2.701 Director, Office of Tribal Relations.
[[Page 61318]]
Sec. 2.700 Director, Office of Advocacy and Outreach.
(a) Delegations. Pursuant to Sec. 2.38(a)(1), and with due
deference for delegations to other Departmental Administration
officials, the following delegations of authority are made by the
Director, Office of Partnerships and Public Engagement to the Director,
Office of Advocacy and Outreach:
(1) 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)).
(2) Oversee the Advisory Committee for Beginning Farmers and
Ranchers.
(3) Oversee the operations of the Office of Small Farms
Coordination.
(4) 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.
(5) Oversee the Minority Farmer Advisory Committee pursuant to
section 14008 of FCEA (7 U.S.C. 2279 note).
(6) 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).
(7) 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.
(8) 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.
(9) Administer and coordinate a USDA outreach program in
collaboration with USDA agencies.
(10) 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.
(11) 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.
(12) Administer the USDA/1994 Land Grant Institutions (Tribal
Colleges) Programs.
(13) Administer the USDA/1890 Liaison Officer Program.
(14) Administer the Hispanic Serving Institutions National Program,
including through the use of cooperative agreements under 7 U.S.C.
3318(b).
(15) Serve as a lead agency in carrying out student internship
programs (7 U.S.C. 2279c).
(16) Coordinate outreach to Asian-Americans and Pacific Islanders.
(b) [Reserved]
Sec. 2.701 Director, Office of Tribal Relations.
(a) Delegations. Pursuant to Sec. 2.38(a)(2), the following
delegations of authority are made by the Director, Office of
Partnerships and Public Engagement to the Director, Office of Tribal
Relations.
(1) Serve as the Department's primary point of contact for tribal
issues.
(2) Advise the Secretary on policies related to Indian tribes.
(3) Serve as the official with principal responsibility for the
implementation of Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments,'' including the provision
of Department-wide guidance and oversight regarding tribal
consultation, coordination, and collaboration.
(4) Coordinate the Department's programs involving assistance to
American Indians and Alaska Natives.
(5) Enter into cooperative agreements to improve the coordination
and effectiveness of Federal programs, services, and actions affecting
rural areas (7 U.S.C. 2204b(b)(4)); and to provide outreach and
technical assistance to socially disadvantaged farmers and ranchers and
veteran farmers and ranchers (7 U.S.C. 2279(a)(3)).
(b) [Reserved]
Dated: November 16, 2018.
Sonny Perdue,
Secretary of Agriculture.
[FR Doc. 2018-25443 Filed 11-28-18; 8:45 am]
BILLING CODE 3410-90-P