[Federal Register Volume 59, Number 58 (Friday, March 25, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5909]
Federal Register / Vol. 59, No. 58 / Friday, March 25, 1994 /
[[Page Unknown]]
[Federal Register: March 25, 1994]
VOL. 59, NO. 58
Friday, March 25, 1994
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DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 2
Delegations of Authority by the Secretary of Agriculture and
General Officers of the Department
AGENCY: Office of the Secretary, USDA.
ACTION: Final rule.
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SUMMARY: This document amends the delegations of authority from the
Secretary of Agriculture (the Secretary) and the General Officers of
the Department to the Under Secretary for International Affairs and
Commodity Programs and from the Under Secretary for International
Affairs and Commodity Programs to the Administrator of the Agricultural
Stabilization and Conservation Service (ASCS) concerning the commodity,
conservation, disaster assistance, and other programs of ASCS under the
Agricultural Adjustment Act of 1938, as amended, the Agricultural Act
of 1949, as amended, the Food Security Act of 1985, as amended and
other authorities in order to update and revise the regulations to
reflect current legislation and remove obsolete references.
EFFECTIVE DATE: March 25, 1994.
FOR FURTHER INFORMATION CONTACT: Larry A. Walker, Acting Deputy
Administrator, Policy Analysis, Agricultural Stabilization and
Conservation Service, United States Department of Agriculture, 14th and
Independent Avenue SW., Washington, DC 20250-0500; telephone (202) 720-
3451.
SUPPLEMENTARY INFORMATION: Sections 101B, 103B, 105B, 107B, and 208 of
the Agricultural Act of 1949, as added by sections 601, 501, 401, 301,
and 1126, respectively, of the Food, Agriculture, Conservation, and
Trade Act of 1990 (FACT Act), provide for disaster assistance payments
to producers of rice, cotton, feed grains, wheat, peanuts, soybeans,
sugar beets, and sugarcane for losses due to drought, flood, or other
natural disaster, as determined by the Secretary.
Title VI of the Agricultural Act of 1949 (the Emergency Livestock
Feed Assistance Act of 1988), as added by section 101(a) of the
Disaster Assistance Act of 1988, provides for emergency livestock feed
assistance to livestock producers where, because of disease, insect
infestation, flood, drought, fire, hurricane, earthquake, storm, hot
weather, or other natural disaster, the Secretary determines that a
livestock emergency exists.
Section 205 of the Agricultural Act of 1949, as added by section
701(2) of the FACT Act, requires the Secretary to support the prices of
oilseeds through loans and payments.
Sections 359aa-jj of the Agricultural Adjustment Act of 1938, as
added by section 902 of the FACT Act, require the Secretary to operate
a sugar production adjustment program, including, under certain
conditions, the implementation of marketing allotments for sugar and
crystalline fructose.
The Beef Research and Information Act, as amended, and Title XIX of
the FACT Act, as amended (the Agricultural Promotion and Research Act
of 1990), require the Secretary to conduct producer referenda regarding
the operations of agricultural promotion plans using ASCS county
offices.
Sections 1230-56 of the Food Security Act of 1985, as added or
amended by sections 1431-46 of the FACT Act, require the Secretary to
implement a Conservation Reserve Program, Wetlands Reserve Program,
Agricultural Water Quality Incentives Program, Environmental Easement
Program, and other conservation programs.
Section 1451 of the FACT Act, as amended, requires the Secretary to
establish a voluntary Integrated Farm Management Program designed to
assist producers of agricultural commodities in adopting integrated,
multiyear, site-specific farm management plans by reducing farm program
barriers to resource stewardship practices and systems.
Section 326 of the Food and Agriculture Act of 1962, as amended,
provides for Secretarial discretion in the acceptance of a ``good
faith'' performance, made in reliance on an action or advice of an
authorized representative of the Secretary, as the basis for meeting
the requirements of ASCS-administered programs.
Sections 1151-56 of the FACT Act, as amended, require the Secretary
to conduct an Options Pilot Program to determine whether regulated
agricultural commodity options trading can be used by producers to
obtain protection from fluctuations in the market prices of the
commodities they produce and the impact of such trading on the prices
of the commodities.
Section 1764 of the Food Security Act of 1985 requires the
Secretary to formulate and administer regulations regarding program
ineligibility resulting from convictions for certain controlled
substance violations.
The delegations of authority of the Department of Agriculture are
amended to delegate to the Under Secretary for International Affairs
and Commodity Programs the Secretary's authorities described above and
to further delegate these authorities to the Administrator, ASCS, and
to make related conforming amendments and deletions of obsolete
references.
This rule relates to internal agency management. Therefore,
pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity
for public comment are not required, and this rule may be made
effective less than 30 days after publication in the Federal Register.
Further, since this rule relates to internal agency management, it is
exempt from the provisions of Executive Orders 12778 and 12866.
This action is not a rule as defined by Public Law 96-354, the
Regulatory Flexibility Act, and thus is exempt from the provisions of
that Act.
List of Subjects in 7 CFR Part 2
Authority delegations (Government agencies).
Accordingly, part 2, title 7, Code of Federal Regulations is
amended as follows:
PART 2--DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE
AND GENERAL OFFICERS OF THE DEPARTMENT
1. The authority citation for 7 CFR part 2 continues to read as
follows:
Authority: 5 U.S.C. 301 and Reorganization Plan No. 2 of 1953.
Subpart C--Delegations of Authority to the Deputy Secretary, the
Under Secretary for International Affairs and Commodity Programs,
the Under Secretary for Small Community and Rural Development, and
Assistant Secretaries
2. Section 2.21 is amended by revising paragraphs (b)(1), (b)(6),
(b)(8), (b)(10), (b)(11), (b)(13), (b)(14), (b)(15), (b)(19), (b)(20),
(b)(21), (b)(24), (b)(31), (b)(36), and (b)(39), and by adding new
paragraphs (b)(40), (b)(41), (b)(42), and (b)(43) to read as follows:
Sec. 2.21 Under Secretary for International Affairs and Commodity
Programs.
* * * * *
(b) * * *
(1) Administer the tobacco acreage allotment and farm marketing
quota programs under the Agricultural Adjustment Act of 1938, as
amended (7 U.S.C. 1311, et seq.).
* * * * *
(6) Administer the forestry incentives program under section 4 of
the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103).
* * * * *
(8) Administer the emergency conservation program under the
Agricultural Credit Act of 1978, as amended (16 U.S.C. 2201, et seq.).
* * * * *
(10) Administer the feed grain program under the Agricultural Act
of 1949, as amended (7 U.S.C. 1444f, et seq.).
(11) Administer the wheat program under the Agricultural Act of
1949, as amended (7 U.S.C. 1445b-3a, et seq.).
* * * * *
(13) Administer the upland and extra long staple cotton programs
under the Agricultural Act of 1949, as amended (7 U.S.C. 1444, 1444-2,
et seq.).
(14) Administer the rice program under the Agricultural Act of
1949, as amended (7 U.S.C. 1441-2, et seq.).
(15) Administer the milk price support program, the milk price
reduction program, the milk production termination program, and the
milk diversion program under the Agricultural Act of 1949, as amended
(7 U.S.C. 1446e, et seq.), and enforce the milk manufacturing allowance
requirements of section 102 of the Agricultural Act of 1949, as amended
(7 U.S.C. 1446e-1, et seq.).
* * * * *
(19) Administer emergency crop loss assistance programs in
accordance with the Agricultural Act of 1949, as amended (7 U.S.C. 1421
note, 1427, et seq., 1441-2, 1444-2, 1444f, 1445b-3a, and 1446i), the
Commodity Credit Corporation Charter Act, as amended (15 U.S.C. 714b
and 714c), the Disaster Relief and Emergency Assistance Act of 1974, as
amended (42 U.S.C. 5121, et seq.), and appropriations Acts that provide
for the implementation of such programs by the Commodity Credit
Corporation.
(20) Administer the emergency livestock assistance programs under
the Agricultural Act of 1949, as amended (7 U.S.C. 1427, et seq., 1471
et seq.), the Commodity Credit Corporation Charter Act, as amended (15
U.S.C. 714b and 714c), and the Disaster Relief and Emergency Assistance
Act of 1974, as amended (42 U.S.C. 5121, et seq.).
(21) Administer the oilseeds price support program under the
Agricultural Act of 1949, as amended (7 U.S.C. 1446f, et seq.).
* * * * *
(24) Administer the sugar production adjustment program under the
Agricultural Adjustment Act of 1938, as amended (7 U.S.C. 1359aa-jj),
and the sugar price support program under the Agricultural Act of 1949,
as amended (7 U.S.C. 1446g, et seq.).
* * * * *
(31) 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.).
* * * * *
(36) Conduct the honey price support program under the Agricultural
Act of 1949, as amended (7 U.S.C. 1446h, et seq.).
* * * * *
(39) Formulate and carry out an agricultural resources conservation
program, including a Conservation Reserve Program, Wetlands Reserve
Program, Agricultural Water Quality Incentives Program, Environmental
Easement Program, and other conservation programs under the Food
Security Act of 1985, as amended (16 U.S.C. 1231 et seq.).
(40) Administer the Integrated Farm Management Program under the
Food, Agriculture, Conservation, and Trade Act of 1990, as amended (7
U.S.C. 5822).
(41) Administer the provisions of section 326 of the Food and
Agricultural Act of 1962, as amended (7 U.S.C. 1339c), as they relate
to any Agricultural Stabilization and Conservation Service-administered
program.
(42) Conduct an Options Pilot Program pursuant to sections 1151-
1156 of the Food, Agriculture, Conservation, and Trade Act of 1990, as
amended (7 U.S.C. 1421 note).
(43) 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).
* * * * *
Subpart H--Delegations of Authority by the Under Secretary for
International Affairs and Commodity Programs
3. Section 2.65 is amended by revising paragraphs (a)(1), (a)(6),
(a)(9), (a)(11), (a)(12), (a)(14), (a)(15), (a)(16), (a)(20), (a)(21),
(a)(22), (a)(25), (a)(32), (a)(37), and (a)(40), redesignating the
second paragraph (a)(42) as paragraph (a)(43), and by adding new
paragraphs (a)(44), (a)(45), (a)(46), and (a)(47) to read as follows:
Sec. 2.65 Administrator, Agricultural Stabilization and Conservation
Service.
(a) * * *
(1) Administer the tobacco acreage allotment and farm marketing
quota programs under the Agricultural Adjustment Act of 1938, as
amended (7 U.S.C. 1311, et seq.).
* * * * *
(6) Administer the forestry incentives program under section 4 of
the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103).
* * * * *
(9) Administer the emergency conservation program under the
Agricultural Credit Act of 1978, as amended (16 U.S.C. 2201, et seq.).
* * * * *
(11) Administer the feed grain program under the Agricultural Act
of 1949, as amended (7 U.S.C. 1444f, et seq.).
(12) Administer the wheat program under the Agricultural Act of
1949, as amended (7 U.S.C. 1445b-3a, et seq.).
* * * * *
(14) Administer the upland and extra long staple cotton programs
under the Agricultural Act of 1949, as amended (7 U.S.C. 1444, 1444-2,
et seq.).
(15) Administer the rice program under the Agricultural Act of
1949, as amended (7 U.S.C. 1441-2, et seq.).
(16) Administer the milk price support program, the milk price
reduction program, the milk production termination program, and the
milk diversion program under the Agricultural Act of 1949, as amended
(7 U.S.C. 1446e, et seq.), and enforce the milk manufacturing allowance
requirements of section 102 of the Agricultural Act of 1949, as amended
(7 U.S.C. 1446e-1, et seq.).
* * * * *
(20) Administer emergency crop loss assistance programs in
accordance with the Agricultural Act of 1949, as amended (7 U.S.C. 1421
note, 1427, et seq., 1441-2, 1444-2, 1444f, 1445b-3a and 1446i), the
Commodity Credit Corporation Charter Act, as amended (15 U.S.C. 714b
and c), and the Disaster Relief and Emergency Assistance Act of 1974,
as amended (42 U.S.C. 5121, et seq.).
(21) Administer the emergency livestock assistance programs under
the Agricultural Act of 1949, as amended (7 U.S.C. 1427, et seq., 1471
et seq.), the Commodity Credit Corporation Charter Act, as amended (15
U.S.C. 714b and 714c), the Disaster Relief and Emergency Assistance Act
of 1974, as amended (42 U.S.C. 5121, et seq.), and appropriation Acts
that provide for the implementation of such programs by the Commodity
Credit Corporation.
(22) Administer the oilseeds price support program under the
Agricultural Act of 1949, as amended (7 U.S.C. 1446f, et seq.).
* * * * *
(25) Administer the sugar production adjustment program under the
Agricultural Adjustment Act of 1938, as amended (7 U.S.C. 1359aa-jj),
and the sugar price support program under the Agricultural Act of 1949
(7 U.S.C. 1446g, et seq.), as amended.
* * * * *
(32) 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.).
* * * * *
(37) Conduct the honey price support program under the Agricultural
Act of 1949, as amended (7 U.S.C. 1446h, et seq.).
* * * * *
(40) Formulate and carry out an agricultural resources conservation
program, including a Conservation Reserve Program, Wetlands Reserve
Program, Agricultural Water Quality Incentives Program, Environmental
Easement Program, and other conservation programs under the Food
Security Act of 1985, as amended (16 U.S.C. 1231, et seq.).
* * * * *
(44) Administer the Integrated Farm Management Program under
section 1451 of the Food, Agriculture, Conservation, and Trade Act of
1990, as amended (7 U.S.C. 5822).
(45) Administer the provisions of section 326 of the Food and
Agricultural Act of 1962, as amended (7 U.S.C. 1339c), as they relate
to any agricultural Stabilization and Conservation Service-administered
program.
(46) Conduct an Options Pilot Program pursuant to sections 1151-
1156 of the Food, Agriculture, Conservation, and Trade Act of 1990, as
amended (7 U.S.C. 1421 note).
(47) 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).
For subpart C:
Dated: March 7, 1994.
Mike Espy,
Secretary of Agriculture.
For subpart H:
Dated: March 7, 1994.
Eugene Moos,
Under Secretary for International Affairs and Commodity Programs.
[FR Doc. 94-5909 Filed 3-24-94; 8:45 am]
BILLING CODE 3410-05-M
