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USDA and Rural Utilities Service Revises Authority Delegations From Secretary(Targeted News Service Via Acquire Media NewsEdge) Targeted News Service WASHINGTON, July 30 -- The U.S. Department of Agriculture and Rural Utilities Service published the following rule in the Federal Register: Revision of Delegations of Authority A Rule by the Agriculture Department and the Rural Utilities Service on 07/30/2014 Publication Date: Wednesday, July 30, 2014 Agencies: Department of Agriculture Office of the Secretary Rural Utilities Service World Agricultural Outlook Board Dates: Effective July 30, 2014. Effective Date: 07/30/2014 Entry Type: Rule Action: Final rule. Document Citation: 79 FR 44101 Page: 44101 -44117 (17 pages) CFR: 7 CFR 1700 7 CFR 1 7 CFR 2 7 CFR 3800 RIN: 0503-AA56 Document Number: 2014-17352 Shorter URL: https://federalregister.gov/a/2014-17352 Action Final Rule. Summary This document revises the delegations of authority from the Secretary of Agriculture and general officers of the Department of Agriculture (USDA) to reflect changes and additions to the delegations required by the Agricultural Act of 2014, Public Law 113-79. Other additions, deletions, and changes are made as summarized below. DATES: Effective July 30, 2014. FOR FURTHER INFORMATION CONTACT: Adam J. Hermann, Office of the General Counsel, USDA, 3311-South Bldg., 1400 Independence Avenue SW., Washington, DC 20250, (202) 720-9425, [email protected]. SUPPLEMENTARY INFORMATION: Agricultural Act of 2014 The Secretary of Agriculture (Secretary) previously delegated authorities under the Agricultural Act of 2014 (Act), Public Law 113-79, in Secretary's Memorandum (SM) 1076-005 (March 6, 2014), available at http://www.ocio.usda.gov/document/secretarys-memorandum-1076-005. This rule codifies those delegations and makes other changes to existing delegations required by the Act, as follows. Note that delegations of authority made by SM 1076-005 to conduct or prepare a one-time study, report, economic analysis, or similar activity remain in effect until such study, report, economic analysis, or similar activity is completed and, thus, are not reflected in this rulemaking. Title I of the Act provides several authorities that do not fit within existing delegations. The following provisions of title I are being delegated to the Under Secretary for Farm and Foreign Agricultural Services (FFAS) in 7 CFR 2.16 and the Administrator of the Farm Service Agency (FSA) in 7 CFR 2.42, as follows: Sections 1401-1410 (margin protection program for dairy producers); section 1431 (dairy product donation program); and section 1612 (tracking of benefits). Additionally, the delegations to the Under Secretary for FFAS at 7 CFR 2.16(a)(1)(xxv) and the Administrator, FSA at 7 CFR 2.42(a)(45) are revised to clarify that Commodity Credit Corporation programs covered by those delegations include those that support production agriculture and producer income support, or that provide disaster assistance or the domestic marketing of commodities. The Under Secretary for FFAS is redelegating part of his delegated authority in 7 CFR 2.16(a)(3)(xxxix) to the Administrator, FSA to enter into cooperative agreements under section 1472(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3318(b)) for the purpose of implementing section 1614(c)(3) of the Act. Section 1614(c)(3) provides funding for producer education, including the development of web-based decision aids and training. Title II of the Act adds or revises several authorities that require new delegations of authority to the Under Secretary for Natural Resources and Environment (NRE) and the Chief, Natural Resources Conservation Service (NRCS), as follows: Section 2301 (new Agricultural Conservation Easement Program); section 2401 (new Regional Conservation Partnership Program); section 2507 (revised Terminal Lakes assistance program); and section 2609 (revised wetlands mitigation banking program). 7 CFR 2.20 is amended to reflect the delegation of these authorities to the Under Secretary for NRE, and 7 CFR 2.61 is amended to reflect the delegation of these authorities to the Chief, NRCS. In addition, section 2503 of the Act provides new funding to carry out the Voluntary Public Access and Habitat Incentive Program under section 1240R of the Food Security Act of 1985 (16 U.S.C. 3839bb-5). This authority, previously delegated to the Under Secretary for FFAS and the Administrator, FSA, is transferred to the Under Secretary for NRE and the Chief, NRCS. Section 2611 of the Act amends title XII of the Food Security Act of 1985 to add new authorities regarding highly erodible land and wetland conservation for crop insurance. While the Under Secretaries for FFAS and NRE, the Administrator, FSA, and the Chief, NRCS, have existing delegations of authority that cover this part of the Food Security Act of 1985, a new delegation of authority is being added to 7 CFR 2.44 for the Administrator, Risk Management Agency (RMA) to carry out the functions pertaining to RMA. Title IV of the Act provides several authorities related to nutrition that require new delegations of authority. The delegations at 7 CFR 2.19 are amended to reflect the delegation of these authorities to the Under Secretary for Food, Nutrition, and Consumer Services (FNCS), and the delegations at 7 CFR 2.57 are amended to reflect the redelegation of these authorities to the Administrator of the Food and Nutrition Service (FNS), as follows: section 4004(b) (demonstration project regarding the Food Distribution Program on Indian Reservations); section 4031 (Commonwealth of the Northern Mariana Islands pilot program regarding the Supplemental Nutrition Assistance Program (SNAP)); section 4032 (annual State reporting on verification of SNAP participation); section 4033 (service of traditional foods in public facilities); and section 4214 (pilot project for canned, frozen, or dried fruits and vegetables as part of the Fresh Fruit and Vegetable Program under the Richard B. Russell National School Lunch Act). Additionally, 7 CFR 2.19 is amended to reflect the delegation of authority to the Under Secretary for FNCS to establish a multiagency task force for the purpose of providing coordination and direction for commodity programs, as required by section 4205 of the Act, which amended the Department of Agriculture Reorganization Act of 1994. Section 4204 of the Act amends the authority of the Secretary in section 301 of the National Nutrition Monitoring and Related Research Act of 1990 to publish the "Dietary Guidelines for Americans." A new, specific delegation is added to the Under Secretary for FNCS and Administrator, FNS, to administer section 301. Section 4206 of the Act amends the Department of Agriculture Reorganization Act of 1994 to authorize a new Healthy Food Financing Initiative. The delegations at 7 CFR 2.17 and 2.48 are amended to reflect that the Under Secretary for Rural Development (RD) and Administrator of the Rural Business-Cooperative Service (RBS) are delegated this authority. Section 4208 of the Act establishes a food insecurity nutrition incentive grants program, and section 4209 authorizes a competitively awarded food and agriculture service learning grant program to increase knowledge of agriculture and improve the nutritional health of children. The delegations at 7 CFR 2.21 and 2.66 are amended to reflect that the Under Secretary for Research, Education, and Economics (REE) and the Director of the National Institute of Food and Agriculture (NIFA) are delegated these authorities. Section 4213 seeks to encourage awareness and interest in the number and variety of pulse crop products available to schoolchildren. Section 4213(c) directs the Secretary to purchase eligible pulse crops and pulse crop products for use in the school lunch and school breakfast programs. 7 CFR 2.22 and 2.79 are amended to reflect the delegation of this purchasing authority to the Under Secretary for Marketing and Regulatory Programs (MRP) and the Administrator of the Agricultural Marketing Service (AMS), respectively. Sections 4213(d) and (e), which provide a one-time evaluation and reporting requirement, were delegated to the Under Secretary for FNCS and the Administrator, FNS, by SM 1076-005 and are not reflected in this rulemaking. Title VI of the Act, at section 6205, amends the Farm Security and Rural Investment Act of 2002 to authorize a rural energy savings program. Section 6210 provides funding for certain pending loan and grant applications. The delegations at 7 CFR 2.17 and 2.47 are amended to reflect the delegation of these authorities to the Under Secretary for RD and the Administrator of the Rural Utilities Service, respectively. Section 6017 of the Act moves the authority for the Intermediary Relending Program from the Food Security Act of 1985 to the Consolidated Farm and Rural Development Act. Section 6209 provides authorities relating to the collection and reporting of program metrics. The delegations at 7 CFR 2.17 and 2.48 are amended to reflect the delegation of these authorities to the Under Secretary for RD and the Administrator, RBS, respectively. Title VII of the Act provides several new authorities involving research, extension, and related matters. The delegations of authority at 7 CFR 2.21 are amended to reflect the delegation of these authorities to the Under Secretary for REE, and the delegations at 7 CFR 2.65 and 2.66 are amended to reflect the delegation of these authorities to the Administrator of the Agricultural Research Service (ARS) and the Director of NIFA, respectively, as follows: section 7104--a competitive grants program for the purpose of developing, implementing, and sustaining veterinary services (NIFA); section 7121--authority to enter into agreements with former USDA agricultural research facilities for the purpose of supporting ongoing research and information dissemination activities (ARS); section 7310--a forestry and forestry products research and extension initiative (NIFA); and section 7603--authority for the National Agricultural Library to enter into cooperative agreements with institutions of higher education regarding the dissemination of agricultural and food law research, legal tools, and information (ARS). The Under Secretary for REE is also delegated the authority in section 7513(2) of the Act to submit an annual report to Congress describing agricultural research, extension, and education activities carried out by the Federal Government. Additionally, the delegation of section 1672 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925), as amended by the Act, to the Under Secretary for REE (7 CFR 2.21(a)(1)(lxxx)) is revised to clarify that the REE mission area is responsible for carrying out the pollinator authorities in section 1672(g) of that act, including the annual report, except for the honey bee surveillance authorities that are delegated to the Under Secretary for MRP (7 CFR 2.22(a)(2)(xli)). The delegation to the Director of NIFA (7 CFR 2.66(a)(42)) is revised to clarify that NIFA is responsible for carrying out the pollinator authorities in section 1672(g) of that act, except for the honey bee surveillance authorities that are delegated to the Administrator of the Animal and Plant Health Inspection Service (APHIS) (7 CFR 2.80(a)(47)) and the pollinator health research activities that are delegated to the Administrator of ARS (7 CFR 2.65(a)(113)). Section 7106 directs that the authority of the Secretary to make competitive grants to, or enter into cooperative agreements with, agricultural and food policy research centers under section 1419A of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3155) is to be carried out through the Office of the Chief Economist. This authority was previously delegated to the Under Secretary for REE and the Director of NIFA. A new delegation of authority for this program is added to 7 CFR 2.29 for the Chief Economist. Title VIII of the Act adds two authorities to the Healthy Forests Restoration Act of 2003 (HFRA) (16 U.S.C. 6501 et seq.)--authority to address insect and disease infestation on designated National Forest System (NFS) land (section 8204) and permanent authority for stewardship end result contracting projects (section 8205). A new, specific delegation is added to 7 CFR 2.20 (Under Secretary for NRE) and 2.60 (Chief, Forest Service) to administer the HFRA, including the authorities added by sections 8204 and 8205 of the Act. The new delegation excepts the Healthy Forests Reserve Program authorized under title V of HFRA, which is already delegated to the Under Secretary for NRE and the Chief, NRCS. Section 8206 of the Act provides authority (known as the "Good Neighbor Authority") for the Secretary to enter into contracts and cooperative agreements with a State to carry out forest, rangeland, and watershed restoration services on NFS lands. Similar Good Neighbor Authority is provided in section 331 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (Pub. L. 106-291; 114 Stat. 996), as amended and extended through fiscal year 2018 by section 417 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2014 (Pub. L. 113-76, div. G). The delegations at 7 CFR 2.20 and 2.60 are amended to reflect the delegation of this authority to the Under Secretary for NRE and Chief, Forest Service, respectively. The following provisions of the Act are also delegated to the Under Secretary for NRE and Chief, Forest Service: Section 8302 (authorizes the Forest Service to utilize conservation-related program funds to establish an Agriculture Conservation Experience Services (ACES) Program to provide technical services for conservation-related programs and authorities carried out on NFS land); section 8304 (provides for State-to-State reimbursement of amounts expended for resources and services for wildfire management and suppression and authorizes the Secretary to retain any funds received as reimbursements for costs incurred by the Secretary for fire protection and to credit the amounts to the same appropriation from which the expenses were paid); and section 8305 (authorizes establishment of a large airtanker and aerial asset lease program). Section 9002(a)(5) of the Act adds a new authority to the Secretary, acting through the Forest Products Laboratory of the Forest Service, to provide appropriate technical and other assistance with respect to determining eligibility of forest products for the "USDA Certified Biobased Product" labeling program. The delegations at 7 CFR 2.20 and 2.60 are amended to reflect the delegation of this authority to the Under Secretary for NRE and Chief, Forest Service, respectively. Section 10016 of the Act adds new authorities regarding local food production and program evaluation. The delegations at 7 CFR 2.21 and 2.67 are amended to reflect that the authority to coordinate implementation of section 10016 is delegated to the Under Secretary for REE and Administrator, Economic Research Service (ERS), respectively. Delegations are also added to 7 CFR 2.16 (Under Secretary for FFAS), 2.22 (Under Secretary for MRP), 2.44 (Administrator, RMA), 2.68 (Administrator, National Agricultural Statistics Service), and 2.79 (Administrator, AMS) to assist with implementing section 10016. Section 11014(c) of the Act directs the Secretary to prepare a cropland acreage report and annual updates to the report. The delegations at 7 CFR 2.16 and 2.44 are amended to reflect the delegation of this responsibility to the Under Secretary for FFAS and Administrator, RMA, respectively. Additionally, a new delegation of authority is added to 7 CFR 2.16 and 2.44 to clarify the authority of the Under Secretary for FFAS and Administrator, RMA, respectively, to administer the Federal Crop Insurance Act. In title XII of the Act, section 12303 directs the Secretary to maintain, in the Office of the Secretary, an Office of Tribal Relations to advise the Secretary on policies related to Indian tribes and carry out such other functions as the Secretary considers appropriate. The Department already maintains an Office of Tribal Relations within the Office of the Secretary. To reflect this, a new section (section 2.38) is added to identify the delegated functions and duties of the Director, Office of Tribal Relations, who reports to the Secretary. Some of those functions had been delegated to the Director, Office of Intergovernmental Affairs (section 2.85(a)(5)), through the Assistant Secretary for Congressional Relations (section 2.23(a)(2)(v)), and are now being transferred to the Director, Office of Tribal Relations. Additionally, 7 CFR 2.4 is amended to add the Director, Office of Tribal Relations to the list of general officers of the Department. Section 12306 authorizes a new competitive grants program to support the efforts of States, tribal governments, and research institutions to promote the domestic maple syrup industry. This authority, which was delegated by SM 1076-005 to the Chief of the Forest Service, through the Under Secretary for NRE, is now being delegated to the Administrator of AMS, through the Under Secretary for MRP. The delegations at 7 CFR 2.22 and 2.79 are amended to reflect this. Section 12309 directs the Secretary to provide technical assistance to U.S. Customs and Border Protection related to the identification of produce that is represented as grown in the United States when it is not actually grown in the United States, as well as a report to Congress. The delegations at 7 CFR 2.22 and 2.80 are amended to reflect the delegation of these authorities to the Under Secretary for MRP and Administrator, APHIS, respectively. The authority of the Secretary to administer section 12314 of the Act (Pima Agriculture Cotton Trust Fund) and section 12315 of the Act (Agriculture Wool Apparel Manufacturers Trust Fund), which was delegated by SM 1076-005 to the Administrator of FSA, through the Under Secretary for FFAS, is now being delegated through the Under Secretary to both the Administrator of FSA and the Administrator of the Foreign Agricultural Service. Section 12316 of the Act provides continued funding for grants from the Wool Research, Development, and Promotion Trust Fund, which was established by section 506 of the Trade and Development Act of 2000 (7 U.S.C. 7101 note). The delegation of authority to provide grants from the Trust Fund was inadvertently omitted from 7 CFR part 2. The delegations at 7 CFR 2.22 and 2.79 are amended to reflect the delegation of this authority to the Under Secretary for MRP and the Administrator, AMS. This rulemaking does not add a separate delegation for section 12101 of the Act to amend a rule issued by APHIS implementing a voluntary trichinae certification program. That regulation was issued under the authority of the Agricultural Marketing Act of 1946 and the Animal Health Protection Act, which are already delegated to the Administrator of APHIS. Accordingly, no new delegation is necessary to carry out the requirements of section 12101 of the Act. Finally, this rulemaking makes a number of miscellaneous changes by removing delegations of statutory authorities that were repealed by the Act or delegations that are otherwise obsolete, and by revising existing delegations to reflect amendments made by the Act or to make other updates or corrections to descriptions and citations. [*Federal RegisterVJ 2014-07-30] For more information about Targeted News Service products and services, please contact: Myron Struck, editor, Targeted News Service LLC, Springfield, Va., 703/304-1897; [email protected]; http://targetednews.com. TNS 22VistaJ-140730 gv-1170523 (c) 2014 Targeted News Service |