§ 2.65 Administrator, Agricultural Stabilization and Conservation Service.

(a) Delegations. Pursuant to § 2.21(b) and (f) and subject to the reservations in § 2.22(b), the following delegations of authority are made by the Under Secretary for International Affairs and Commodity Programs to the Administrator of the Agricultural Stabilization and Conservation Service.

(1) Administer the tobacco acreage allotment and farm marketing quota programs under the Agricultural Adjustment Act of 1938, as amended (7 U.S.C. 1281 et seq.), and the tobacco price support program under the Agricultural Act of 1949, as amended (7 U.S.C. 1445).

(2) Administer the peanut poundage quota program under the Agricultural Adjustment Act of 1938, as amended (7 U.S.C. 1358 et seq.), and the peanut price support program under the Agricultural Act of 1949, as amended (7 U.S.C. 1445).

(3) Coordinate and prevent duplication of aerial photographic work of the Department, including:

(i) Clearing photography projects;

(ix) Providing for liaison with EROS Data Center to support USDA programs and research with satellite imagery reproductions; and

(ii) Assigning symbols for new aerial photography, maintaining symbol records, and furnishing symbol books;

(x) Maintaining library and files of USDA aerial film and retrieving and supplying reproductions on request.

(iii) Recording departmental aerial photography flow and coordinating the issuance of aerial photography status maps of latest coverage;

(iv) Promoting interchange of technical information and techniques to develop lower costs and better quality;

(5) Administer the rural clean water program as authorized by the Agriculture, Rural Development, and Related Agencies Appropriations Act, fiscal year 1980 (Pub. L. 96-108) and annual appropriations acts.

(v) Representing the Department on committees, task forces, work groups, and other similar groups concerned with aerial photography acquisition and reproduction, and serving as liaison with other governmental agencies on aerial photography but excluding mapping;

(vi) Providing a Chairperson for the Photography Sales Committee of the Department;

(6) Administer the forestry incentives program under section 4 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103).

(vii) Coordinating development, preparation, and issuance of specifications for aerial photography for the Department;

(7) Administer the water bank program under the Water Bank Act (16 U.S.C. 1301 et seq.).

(8) Administer responsibilities and functions assigned under the Defense Production Act of 1950, as amended (50 U.S.C. App. 2064 et seq.), and the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251 et seq.), relating to agricultural production; food processing, storage, and distribution of farm equipment and fertilizers; rehabilitation and use of feed, agricultural and related agribusiness facilities; and resources of the Commodity Credit Corporation (CCC) on behalf of that corporation.

(viii) Coordinating and performing procurement, inspection, and application of specifications for USDA aerial photography;

(9) Administer the emergency conservation program under the Agricultural Credit Act of 1978 (7 U.S.C. 2201 et seq.).

(10) Conduct fiscal, accounting and claims functions relating to CCC programs for which the Foreign Agricultural Service has been delegated authority under § 2.68 and, in conjunction with other agencies of the U.S. Government, develop and formulate agreements to reschedule amounts due from foreign countries under the following programs: title I of the Agricultural Trade Development and Assistance Act of 1954, as amended, hereinafter referred to as "Pub. L. 480," the export credit sales program, the non

commercial risk assurance program, and the export credit guarantee program.

(11) Administer the feed grain program under the Agricultural Act of 1949, as amended (7 U.S.C. 1444 et seq.).

(12) Administer the wheat program under the Agricultural Act of 1949, as amended (7 U.S.C. 1445 et seq.).

(13) Administer the wheat and feed grain reserve programs under the Agricultural Act of 1949, as amended (7 U.S.C. 1445e).

(14) Administer the upland and extra long staple cotton programs under the Agricultural Act of 1949, as amended (7 U.S.C. 1444 et seq.).

(15) Administer the rice program under the Agricultural Act of 1949, as amended (7 U.S.C. 1441 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. 1446 et seq.).

(17) Determine and proclaim agricultural commodities in surplus supply pursuant to the Agricultural Adjustment Act of 1938, as amended (7 U.S.C. 1281 et seq.).

(18) Conduct assigned activities under the Strategic and Critical Materials Stockpiling Act, as amended (50 U.S.C. 98-98h).

(19) Supervise and direct Agricultural Stabilization and Conservation Service State and county offices and designate functions to be performed by Agricultural Stabilization and Conservation State and county committees.

(20) Administer distress and disaster relief programs under the Agricultural Act of 1949, as amended (7 U.S.C. 1427), and the Disaster Relief Act of 1974, as amended (42 U.S.C. 5121 et seq.).

(21) Administer the emergency livestock feed assistance program under section 407 of the Agricultural Act of 1949, as amended (7 U.S.C. 1427), and the Act of September 21, 1959, as amended (7 U.S.C. 1427 note).

(22) Administer the emergency feed program under section 1105 of the

Food and Agriculture Act of 1977 (7 U.S.C. 2267).

(23) Administer the dairy indemnity program under the Act of August 13, 1968, as amended (7 U.S.C. 450j et seq.).

(24) Determine the quantities of agricultural commodities acquired under the price support programs which are available for export programs, and estimate and announce the types, quantities, and varieties of food commodities to become available for distribution under clause (3) of section 416(a) of the Agricultural Act of 1949, as amended (7 U.S.C. 1431(a)).

(25) Administer programs to stabilize, support, and protect farm income and prices and to assist in the maintenance of balanced and adequate supplies of agricultural commodities, including programs to sell or otherwise dispose of, and aid in the disposition of, such commodities except those specified in §§ 2.15(a) and 2.21(d).

(26) Administer procurement, processing, handling, distribution, disposition, transportation, payment, and related services with respect to surplus removal and supply operations which are carried out under sections 5 (b), (c) and (d) of the CCC Charter Act (15 U.S.C. 714c (b), (c), and (d)), section 416(a) of the Agricultural Act of 1949, as amended (7 U.S.C. 1431(a)), section 210 of the Agricultural Act of 1956 (7 U.S.C. 1859), the Act of August 19, 1958, as amended (7 U.S.C. 1431 note), and section 709 of the Food and Agriculture Act of 1965, as amended (7 U.S.C. 1446a-1), except as specified in §§ 2.15(a) and 2.21(d), and assist the Food and Nutrition Service and the Agricultural Marketing Service in the procurement, handling, payment, and related services under section 32 of the Act of August 24, 1935, as amended (7 U.S.C. 612c), the Act of June 28, 1937, as amended (7 U.S.C. 713c), the National School Lunch Act, as amended (42 U.S.C. 1751 et seq.), section 8 of the Child Nutrition Act of 1966, as amended (42 U.S.C. 1777), section 311 of the Older Americans Act of 1965, as amended (42 U.S.C. 3030a), and section 4(a) of the Agricultural and Consumer Protection Act of 1973, as amended (7 U.S.C. 612c note), and sec

tion 1114 of the Agriculture and Food Act of 1981 (7 U.S.C. 1431e).

(27) 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 title II of Pub. L. 480 (7 U.S.C. 1721-1726), and payment and related services for the Foreign Agricultural Service with respect to export subsidy and barter operations, operations under title I of Pub. L. 480 (7 U.S.C. 1701 et seq.), the export credit sales program, the noncommercial risk assurance program and the export credit guarantee program.

(28) Administer wool and mohair programs under the National Wool Act of 1954, as amended (7 U.S.C. 1781 et seq.), and, in accordance with section 708 of that Act (7 U.S.C. 1787), conduct referenda, withhold funds (for advertising and promotion) from payments made to producers under section 704 of that Act (7 U.S.C. 1783), and transfer such funds to the person or agency designated by the Assistant Secretary for Marketing and Inspection Services.

(29) Administer the farm storage facility loan program under section 4(h) of the CCC Charter Act, as amended (15 U.S.C. 714b(h)).

(30) Administer the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501 et seq.) except those functions delegated in § 2.27(a)(15).

(31) Administer energy management activities as assigned.

(32) Conduct producer referenda required under the Beef Research and Information Act, as amended (7 U.S.C. 2908).

(33) Conduct field operations of diversion programs for fresh fruits and vegetables under section 32 of the Act of August 29, 1935.

(34) Conduct other functions on behalf of CCC as assigned in accordance with CCC bylaws.

(35) Administer the U. S. Warehouse Act, as amended (7 U.S.C. 241-273), and direct the examination of agricultural facilities storing commodities

owned by, or pledged as loan collateral to, CCC.

(36) Enter into and administer contracts with program participants under section 202(c) of the Colorado River Basin Salinity Control Act, and waive cost-sharing requirements when such cost-sharing requirements would result in a failure to proceed with needed on-farm measures (42 U.S.C. 1592(c)).

(37) Administer the honey and sugar price support programs under the Agricultural Act of 1949, as amended (7 U.S.C. 1446).

(38) Administer the provisions of the Soil Conservation and Domestic Allotment Act relating to assignment of payments (16 U.S.C. 590 h(g)).

(39) Determine the type and quantity of commodities which are available for foreign donation under section 416(b) and (c) of the Agricultural Act of 1949, as amended (7 U.S.C. 1431(b) and (c)), and arrange for the reprocessing, packaging, transportation, handling and delivery to port of such commodities in connection therewith.

(40) Formulate and carry out a conservation acreage reserve program, including entering into contracts to assist owners and operators of highly erodible cropland in conserving and improving the soil and water resources of their farms and ranches pursuant to sections 1231-1244 of the Food Security Act of 1985 (Pub. L. 99-198).

(b) Reservations. The following authorities are reserved to the Under Secretary for International Affairs and Commodity Programs:

(1) Designating counties and areas for emergency programs under Pub. L. 85-58, as amended.

(2) Designating such areas as emergency areas under section 407 of the Agricultural Act of 1949, as amended with respect to feed assistance for foundation herds and under Pub. L. 86-299 (7 U.S.C. 1427 note) with respect to feed assistance for livestock. [37 FR 28463, Dec. 27, 1972]

EDITORIAL NOTE: For FEDERAL REGISTER Citations affecting § 2.65, see the List of CFR Sections Affected in the Finding Aids section of this volume.

§§ 2.66-2.67 [Reserved]

§ 2.68 Administrator, Foreign Agricultural

Service.

(a) Delegations. Pursuant to § 2.21 (d) and (f), subject to reservations in § 2.22(d), the following delegations of authority are made by the Under Secretary for International Affairs and Commodity Programs to the Administrator, Foreign Agricultural Service: Provided That, on policy matters relating to activities listed in paragraphs (16) thru (27) the General Sales Manager who reports to the Administrator, FAS, shall report to the Secretary who is Chairman of the Board of Directors of the Commodity Credit Corporation, through the Under Secretary for International Affairs and Commodity Programs, who is president of the Commodity Credit Corporation:

(1) Coordinate the carrying out by Department agencies of their functions involving foreign agriculture policies and programs and their operations and activities in foreign areas (other than those functions assigned to the Administrator, Office of International Cooporation and Development). Act as liaison agency on these matters and functions relating to foreign agriculture between the Department of Agriculture and the Department of State, the United States Trade Representative, the Trade Policy Committee, International Development Cooperation Agency and other departments, agencies and committees of the U.S. Government, foreign governments, Organization for Economic Cooperation and Development, European Economic Community, The Food and Agriculture Organization of the United Nations, International Bank for Reconstruction and Development, Inter-American Development Bank, Organization of American States, and other public and private United States and international organizations, and the contracting parties to the General Agreement on Tariffs and Trade.

(2) Conduct functions of the Department relating to the General Agreement on Tariffs and Trade (GATT), the Trade Expansion Act of 1962 (19 U.S.C. 1801 et seq.), the Trade Act of 1974 (19 U.S.C. 2101 et seq.), the Trade

Agreement Act of 1979 (19 U.S.C. 2501 et seq.), and other legislation affecting international agricultural trade including the programs designed to reduce foreign tariffs and other trade barriers.

(3) Provide staff support services to the Office of International Cooperation and Development for participation of the Department of Agriculture in U.S./U.S.S.R. exchange agreements, scientific and technical matters in East European bilateral agreements, and activities of international organizations concerned with food and agricultural development.

(4) Conduct studies of worldwide production, trade, marketing, prices, consumption, and other factors affecting exports and imports of U.S. agricultural commodities and to obtain information on methods used by other countries to move farm commodities in world trade on a competitive basis for use in the development of programs of this Department, provision of informa tion to domestic producers, agricultural trade, the public and other interests, and the promotion of normal commercial markets abroad. This delegation excludes basic and long-range analyses of world conditions and developments affecting supply, demand, and trade in farm products and general economic analyses of the international financial and monetary aspects of agricultural affairs as assigned to the Assistant Secretary for Economics.

(5) Administer Departmental programs concerned with development of foreign markets for agricultural products of the United States except functions relating to export marketing operations under section 32, of the Act of August 23, 1935, as amended (7 U.S.C. 612c) delegated to the Assistant Secretary for Marketing and Inspection Services, and utilization research delegated to the Administrator, Office of International Cooperation and Development. Legal authority for these programs is contained in section 104(b)(1) of the Agricultural Trade Development and Assistance Act of 1954, as amended, hereinafter referred to as "Public Law 480" (7 U.S.C. 1704(b)(1), section 601 of the Agricultural Act of 1954, as amended (7 U.S.C. 1761), section 5(f) of the Commodity Credit Cor

poration Charter Act, hereinafter referred to as "CCC Charter Act" (15 U.S.C. 714(f)).

(6) Conduct Department activities to carry out the provisions of the International Coffee Agreement Act of 1968 (19 U.S.C. 1356f).

(7) Administer functions of the Department relating to import controls including, among others, functions under section 22 of the Agriculture Adjustment Act (of 1933), as amended (7 U.S.C. 624), section 2 of Pub. L. 88482, as amended by Pub. L. 96-177, and section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854) but not including those functions reserved to the Secretary under § 2.22(d) and those relating to section 8e of the Agricultural Adjustment Act (of 1933), as amended (7 U.S.C. 608e-1), as assigned to the Assistant Secretary for Marketing and Inspection Services.

(8) Represent the Department on the Interdepartmental Committee for Export Control and conduct Departmental activities to carry out the provisions of the Export Administration Act of 1969, as amended (50 U.S.C. App. 2401-2413), except as reserved to the Secretary under § 2.22(d).

(9) Exercise the Department's responsibilities in connection with international negotiations of the International Wheat Agreement and in administration of such agreement.

(10) Provide foreign agricultural intelligence and other foreign agricultural services in support of programs administered by the Department under the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), and the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251 et seq.)

(11) Conduct economic analyses pertaining to the foreign sugar situation.

(12) Exercise the Department's functions with respect to the International Sugar Agreement or any such future agreements.

(13) Exercise the Department's responsibilities as regards the determination of import quota levels for cheese imposed pursuant to section 701 of the Trade Agreements Act of 1979.

(14) Serve as a focal point for handling quality or weight discrepancy in

quires from foreign buyers of U.S. agricultural commodities to insure that they are investigated and receive a timely response and that reports thereof are made to appropriate parties and government officials in order that corrective action may be taken.

(15) Administer that program under section 812 of the Agricultural Act of 1970, as amended (7 U.S.C. 612c-3) relating to export sales contract reporting operations.

(16) Formulate policies and administer programs under section 5(f) of the CCC Charter Act (15 U.S.C. 714c(f)), and section 4, Pub. L. 89-808, as amended (7 U.S.C. 1707a) to finance commercial export credit sales of agricultural commodities by U.S. export

ers.

(17) Formulate policies and administer barter programs under which agricultural commodities are exported under sections 4(h) and 5(f) of the CCC Charter Act (15 U.S.C. 714b(h)) and 714c(f) and section 303 of Pub. L. 480 (7 U.S.C. 1692).

(18) Perform functions of the Department in connection with the development and implementation of basic country agreements to finance the sale and exportation of agricultural commodities on long-term credit or for foreign currencies under Title I of Pub. L. 480 (7 U.S.C. 1701-1711).

(19) Negotiate and implement agreements between Commodity Credit Corporation and private trade entities to finance the sales and exportation of agricultural commodities for dollars on long-term credit under Title I of Pub. L. 480 (7 U.S.C. 1707), and Section 201, Pub. L. 95-501 (7 U.S.C. 1707b).

(20) Participate in program development, evaluation, and review including related liaison with the International Development Cooperation Agency, private relief agencies, and intergovernmental organizations, and activities involving operational responsibilities with respect to making agricultural commodities available for distribution in foreign countries under Title II, Pub. L. 480, (7 U.S.C. 1721-1726).

(21) Coordinate within the Department activities arising under Pub. L. 480 (except as delegated to the Assistant Secretary for Economics in § 2.27