(3) Exercise the functions of the Secretary of Agriculture contained in section 1324 of the Food Security Act of 1985 (7 U.S.C. 1631).

(f) Related to cooperatives. (1) Administer programs authorized by the Cooperative Marketing Act of 1926 (7 U.S.C. 451-457).

(2) Carry out the responsibilities of the Secretary of Agriculture relating to the marketing aspects of cooperatives, including economic research and analysis and the application of economic research findings as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627).

(3) Work with institutions and international organizations throughout the world on subjects related to the development and operation of agricultural cooperatives. Such work may be carried out by:

(i) Exchanging materials and results with such institutions or organizations,

(ii) Engaging in joint or coordinated activities, or

(iii) Stationing representatives at such institutions or organizations in foreign countries (7 U.S.C. 3291).

(4) Serve as a member of the Capper-Volstead Act Committee to identify cases of undue price enhancement by associations of producers and issue complaints requiring such associations to show cause why an order should not be made directing them to cease and desist from monopolization or restrain of trade (7 U.S.C. 292).

(g) Related to food safety and inspection. (1) Exercise the functions of the Secretary of Agriculture contained in the Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1624, 1626), relating to voluntary inspection of poultry and edible products thereof; voluntary inspection and certification of technical animal fat; certified products for dogs, cats, and other carnivora; voluntary inspection of rabbits and edible products thereof; and voluntary inspection and certification of edible meat and other products.

(2) Exercise the functions of the Secretary of Agriculture contained in the following legislation:

(i) Poultry Products Inspection Act, as amended (21 U.S.C. 451-470).

(ii) Federal Meat Inspection Act, as amended, and related legislation, excluding sections 12-14, and also excluding so much of section 18 as pertains to issuance of certificates of condition of live animals intended and offered for export (21 U.S.C. 601-611, 615-624, 641-645, 661, 671-680, 691692, 694-695).

(iii) Talmadge-Aiken Act (7 U.S.C. 450) with respect to cooperation with States in administration of the Federal Meat Inspection Act and the Poultry Products Inspection Act.

(iv) Humane Slaughter Act (7 U.S.C. 1901-1906).

(h) Related to committee management. Establish and reestablish regional, State, and local advisory committees for activities under his authority. This authority may not be redelegated.

(i) Related to defense. Administer responsibilities and functions assigned 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.), concerning protection of livestock, poultry and crops and products thereof from biological and chemical warfare; the wholesomeness of meat and poultry and products thereof; inspection of eggs and egg products, and utilization or disposal of livestock and poultry exposed to radiation.

(j) Related to biotechnology. Coordinate the development and carrying out by Department agencies of all matters and functions pertaining to the Department's regulation of biotechnology, and act as liaison on all matters and functions pertaining to the regulation of biotechnology between agencies within the Department and between the Department and governmental and private organizations.

(k) Related to Environmental Response. With respect to lands and facilities under his authority, to exercise the functions delegated to the Secretary by Executive Order No. 12580 under the following provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("the Act"), as amended:

(1) 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 other remedial action in the event of release or threatened release of a hazardous substance, pollutant, or contaminant into the environment.

(2) Sections 104 (e) through (h) of the Act (42 U.S.C. 9604 (e)-(h)), with respect to information gathering and access; compliance orders; compliance with Federal health and safety standards; rates for wages and labor standards applicable to covered work; and emergency procurement powers and contracts for response actions.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

(7) Section 109 of the Act (42 U.S.C. 9609), with respect to the assessment of civil penalties for violations and the granting of awards to individuals providing information.

(8) 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.

any remedial action or enforcement action, including any settlement or consent decree entered into.

(12) Section 119 of the Act (42 U.S.C. 9619), with respect to indemnifying response action contractors.

(9) 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.

(13) Section 121 of the Act (42 U.S.C. 9621), with respect to selecting cleanup standards.

(10) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to preliminary assessment and site inspection of facilities.

(14) Section 122 of the Act (42 U.S.C. 9622), with respect to entering into settlement agreements.

[37 FR 28463, Dec. 27, 1972]

EDITORIAL NOTE: For FEDERAL REGISTER Citations affecting § 2.17, see the List of CFR Sections Affected in the Finding Aids section of this volume.

(11) 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

§ 2.18 Reservations of authority.

The following authorities are reserved to the Secretary of Agriculture: (a) Relating to agricultural marketing. (1) Promulgation, with the Secretary of the Treasury of joint regulations under section 402(b) of the Federal Seed Act, as amended (7 U.S.C. 1592(b)).

(2) Appoint members of the National Dairy Promotion and Research Board established by section 113(b) of the Dairy and Tobacco Adjustment Act of 1983 (7 U.S.C. 4504(b)).

(b) Related to animal and plant health inspection. (1) Determination that an emergency or extraordinary emergency exists because of the outbreak of any dangerous, communicable disease of livestock or poultry anywhere in the United States and that such outbreak threatens the livestock or poultry of the United States (21 U.S.C. 114a, 134a(b), 114c).

(2) Determination as to the measure and character of cooperation with Canada, Mexico, Central American countries, Panama, and Columbia related to operations and measures to eradicate, suppress, or control or to prevent or retard any communicable disease of animals, the designation of members of advisory committees, and the appointment of commissioners on any joint commission with these governments set up under such programs (21 U.S.C. 114b).

(3) Approval of requests for apportionment of reserves for the control of outbreaks of insects, plant diseases,

and animal diseases to the extent necessary to meet emergency conditions (31 U.S.C. 665).

(4) Determination that an extraordinary emergency exists under the criteria in section 105(b)(1) of the Federal Plant Pest Act, as amended, (7 U.S.C. 150dd(b)(1)).

[37 FR 28463, Dec. 27, 1972, as amended at 38 FR 14945, June 7, 1973; 38 FR 34181, Dec. 12, 1973; 42 FR 35627, July 11, 1977; 47 FR 22936, May 26, 1982; 49 FR 38929, Oct. 2, 1984]

§ 2.19 Delegations of authority to the Assistant Secretary for Special Services. The following authorities are delegated by the Secretary of Agriculture to the Assistant Secretary for Special Services:

(a) Analyze, recommend and provide advice to the Secretary regarding significant planning, program, and policy issues affecting the Forest Service and the Soil Conservation Service.

(b) Assist in assuring that natural resource and environment activities of Department agencies are properly coordinated. This authority includes:

(1) Coordinating issues arising in the context of legislative proposals and reports, regulations, budgets, correspondence, and any other matters involving such issues.

(2) Representing the decisions of the Secretary in such matters with other Executive Branch agencies, Department agencies, the Congress, interested groups, and the general public.

(3) Serving as chair of the Department's Natural Resources and Environment Committee, which is responsible for coordinating the Department's planning with respect to such matters as endangered species issues, ground and surface water quality, as well as rangeland, wildlife, and other related issues of concern in the administration and implementation of USDA programs and activities.

(c) Render decisions of the Secretary in administrative appeals of decisions made by the Chief of the Forest Service pursuant to 36 CFR 211.18(f) (1)(iv) and (2).

[53 FR 18254, May 23, 1988]

§ 2.20 [Reserved]

§ 2.21 Delegations of authority to the Under Secretary for International Affairs and Commodity Programs. The following delegations of authority are made by the Secretary of Agriculture to the Under Secretary for International Affairs and Commodity Programs:

(a) Related to international cooperation and development. (1) Serve as Department adviser on policies, organizational arrangements, budgets, and actions to accomplish international Scientific and Technical Cooperation in Food and Agriculture.

(2) Administer and direct the Department's programs in international development, technical assistance, and training carried out under the Foreign Assistance Act, as amended, as requested under such act (22 U.S.C. 2151 et seq.).

(3) Administer and coordinate assigned Departmental programs in international research and scientific and technical cooperation with other governmental agencies, land grant universities, international organizations, international agricultural research centers, and other institutions (7 U.S.C. 1624, 3291).

(4) Direct and coordinate the Department's participation in U.S./ U.S.S.R. exchange agreement and scientific and technical matters in East European bilateral agreements.

(5) Direct and coordinate the Department's work in international organizations and interagency committees concerned with food and agricultural development programs (7 U.S.C. 2201, and 2202).

(6) Administer and coordinate a foreign contracts and grants program of market development research in the physical and biological sciences under section 104(b)(1) of the Agricultural Trade Development and Assistance Act of 1954, but excluding agricultural economics research; and administer and coordinate a foreign contracts and grants program of agricultural and forestry research under section 104(b)(3) of such Act (7 U.S.C. 1704 (b)(1), (3)).

(7) Coordinate policy formulation for USDA international science and technology programs concerning international agricultural research centers, international organizations, and international agricultural research and extension activities (7 U.S.C. 3291).

(8) Disseminate, upon request, information on subjects connected with agriculture which has been acquired by USDA agencies that may be useful to the U.S. private sector in expanding foreign markets and investment opportunities through the operation of a Department information center, pursuant to 7 U.S.C. 2201.

(9) Enter into contracts, gramts, cooperative agreements, and cost reimbursable agreements relating to agricultural research, extension, or teaching activities (7 U.S.C. 3318, 7 U.S.C. 3319a).

(10) Determine amounts reimbursable for indirect costs under international agricultural programs and agreements (7 U.S.C. 3319).

(b) Related to agricultural stabilization and conservation. (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;

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

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

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

(v) Representing the Department on committees, task forces, work groups, and other similar groups concerned

with aerial photography acquisition and reproduction, 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;

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

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

(4) Administer the agricultural conservation program under Title X of the Agricultural Act of 1970, as amended (16 U.S.C. 1501 et seq.), and under the Soil Conservation and Domestic Allotment Act, as amended (16 U.S.C. 590g et seq.).

(5) Administer 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.

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

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

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

(9) Conduct fiscal, accounting and claims functions relating to Commodity Credit Corporation (CCC) programs for which the Under Secretary for International Affairs and Commodity Programs has been delegated authority under § 2.21(d) 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 Agricul

tural Trade Development and Assistance Act of 1954, as amended, hereinafter referred to as "Pub. L. 480," the export credit sales program, the noncommercial risk assurance program, and the export credit guarantee program.

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

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

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

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

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

(16) 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.).

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

(18) 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.

(19) Administer distress and disaster relief programs under section 407 of 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.).

(20) 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).

(21) Administer the emergency feed program under section 1105 of the Food and Agriculture Act of 1977 (7 U.S.C. 2267).

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

(23) 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)).

(24) 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).

(25) 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 Agricultural 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 Assistant Secretary for Food and Consumer Services and the Assistant Secretary for Marketing and Inspection Services 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