28. Herd Preservation Program. 29. Indian Acute Distress Donation Program. The Soil Conservation and Domestic Allotment Act of 1936, Secs. 7 to 15, 16(a), 16(f) and 17, as amended and Food Security Act of 1985. Commodity Credit Corporation Charter Act, Pub. L. 80-89; Agricultural Act of 1949, as amended, 7 U.S.C. 1444; Extra Pub. L. 90-484, as amended; the Agricultural Act of 1970, Title II, Sec. 204, 7 U.S.C. 450j-4501. Pub. L. 91-524; Agricultural Act of 1949, as amended by the Food Security Act of 1985. Agricultural Credit Act of 1978, Title IV, Pub. L. 95-334, 16 U.S.C. 2201-2205. Agricultural Act of 1949, as amended; 12 U.S.C. 1134(c), Pub. L. 81-439; Commodity Credit Corporation Charter Act, as Agricultural Act of 1949, Sec. 407. Commodity Credit Corporation Charter Act, Pub. L. 80-89; Agricultural Act of 1949, as amended, 7 U.S.C. 1421, Pub. L. 81-439; Federal Crop Insurance Act of 1980; Pub. L. 96-365, Food Security Act of 1985, Pub. L. 99-198. Cooperative Forestry Assistance Act of 1978; Pub. L. 95-313. Agricultural Act of 1949; 7 U.S.C. 1445; Pub. L. 81-439; Commodity Credit Corporation Charter Act, 15 U.S.C. 714, Pub. L. 80-806; Agriculture and Food Act of 1981, Pub. L. 97-98; Food Security Act of 1985, Pub. L. 99-198. Agricultural Act of 1949, Sec. 407. Agricultural Act of 1949, Sec. 407; Executive Order 11336. 30. Programs which do not operate through producers, Agricultural Adjustment Act of 1938; 7 U.S.C. 1301-1393, Pub. L. 73-430; Commodity Credit Corporation Charter Act, 15 associations, cooperatives or other recipients. U.S.C. 714, et seq.; Agricultural Act of 1949; as amended; 7 U.S.C. 1421, et seq. Pub. L. 81-439; as amended; Agricultural, Rural Development and Related Agencies Appropriations Act of 1980, Pub. L. 96-108; 93 Stat. 821, 835 and Water Bank Act; Pub. L. 91-559; Pub. L. 96-182. Commodity Credit Corporation Charter Act; Pub. L. 80-89; Agricultural Act of 1949, as amended, 7 U.S.C. 1445; Pub. L. 81-439; Food Security Act of 1985; Pub. L. 99-198. National Wool Act of 1954, as amended; 7 U.S.C. 1781-1787; Pub. L. 83-690; Agriculture and Food Act of 1981; Pub. L. 97-98; Food Security Act of 1985; Pub. L. 99-198. Sec. 202(c), Pub. L. 93-920, 88 Stat. 271, as amended, (43 U.S.C. 1592). Agricultural Marketing Act of 1946, 7 U.S.C. 1621-1627. 47. Emergency Loans. 48. Farm Operating Loans. 49. Farm Ownership Loans. 50. Section 502 Rural Housing Loans. Administered by Federal Crop Insurance Corporation Federal Crop Insurance Act, as amended, 7 U.S.C. 1501-1520; Title V of the Agricultural Adjustment Act of 1938; 52 Stat. Sec. 7 of the United States Grain Standards Act, as amended, 7 U.S.C. 79. Sec. 203(h) of the Agricultural Marketing Act of 1946, as amended, 7 U.S.C. 1622(h). Administered by Farmers Home Administration Sec. 321-330 of the Consolidated Farm and Rural Development Act, as amended; 7 U.S.C. 1968. Sec. 302 of the Consolidated Farm and Rural Development Act, as amended, 7 U.S.C. 1922. 51. Rural Housing Loans and Grants (Section 504 repair loan Sec. 504, Title V, Housing Act of 1949, as amended, 42 U.S.C. 1471. 52. Soil and Water Loans 53. Permits for use of National Forests and National Grasslands by other than individuals at a nominal or no charge to any group. 54. Timber granted free or at nominal cost to any group. 55. Forest seedling production and distribution. 56. Control of White Pine Blister Rust Sec. 304 of the Consolidated Farm and Rural Development Act, as amended, 7 U.S.C. 1924. Act of June 4, 1897, as amended, 16 U.S.C. 551; Sec. 501 of the Federal Land Policy Management Act of 1976, 43 Cooperative Forestry Assistance Act of 1978, Pub. L. 95-313, 28 U.S.C. 2102. Cooperative Forestry Assistance Act of 1978, Pub. L. 95-313, 16 U.S.C. Sec. 2104 (Insect and disease control, White 57. Protection of Forest Resources from insects, pests and Cooperative Forestry Assistance Act of 1978, Pub. L. 95-313, 16 U.S.C. 2104. 29 U.S.C. 1691-1701. Note: This is a Federally-financed and conducted program providing education and skills training to young men and women. The U.S. Department of Labor is entirely responsible for recruiting of recipient youth. Act of August 13, 1970, as amended, 16 U.S.C. 1701-1706. Note: This is a Federally financed and conducted program on National Forest land providing summer employment to teen-age youth doing conservation work while learning about their natural environment and heritage. Recruitment of recipient youth is without regard to economic, social or racial classification. Policy requires that random selection from the qualified applicant pool be made in a public forum. Administered by Food Safety and Inspection Service Federal Meat Inspection Act; Pub. L. 90-201; 21 U.S.C. 601, et seq. Federal Meat Inspection Act; 21 U.S.C. 601, et seq. Poultry Products Inspection Act; 21 U.S.C. 451, et seq. 40. National Economics Division. Authority Administered by Human Nutrition Information Service National Agriculture Research Extension and Teaching Policy Act of 1977, Sec. 1428; 7 U.S.C. 3178a. Administered by National Agricultural Statistics Service 1428; 7 U.S.C. 3178a. 7 U.S.C. 292, 411a, 411b, 427, 471, 475, 476, 501, 951, 953, 955, 956, 957. Agricultural Marketing Act of 1946; 7 U.S.C. Agricultural Marketing Act of 1946; 7 U.S.C. 1621. Administered by the Office of Transportation Sec. 201 of the Agricultural Adjustment Act of 1938; 7 U.S.C. 1291; Sec. 203(j) of the Agricultural Marketing Act of 1946, Sec. 201 of the Agricultural Adjustment Act of 1938, 7 U.S.C. 1291 and Sec. 203(j) of the Agricultural Marketing Act of Titles I and II of the Rural Electrification Act of 1936, as amended; 7 U.S.C. 901-916, 931-940 (1982). Administered by Soil Conservation Service Soil Conservation and Domestic Allotment Act, Pub. L. 74-46; 16 U.S.C. 590a-590f, 590g. Secs. 1-6 and 17 of the Soil Conservation and Domestic Allotment Act, as amended; 16 U.S.C. 590a-590f, 590g, Sec. 502 of the Rural Development Act of 1972, 7 U.S.C. 1010a. Watershed Protection and Flood Prevention Act; Pub. L. 83-566, as amended, Sec. 6, 16 U.S.C. 1006. Program Any interested person or organization may file a petition to intervene which will include a statement of position and a statement of what petitioner expects to contribute to the hearing, and a copy of the petition will be served on all parties. Such petition should be filed prior to the prehearing conference, or if none is held, before the commencement of the hearing, unless the petitioner shows good cause for filing the petition later. The hearing officer may grant the petition if he believes that such participation will not unduly delay a hearing and will contribute materially to the proceeding. An intervener is not a party and may not introduce evidence at a hearing, or propound questions to a witness, unless the hearing officer determines that the proposed additional evidence is relevant and will clarify the facts. The intervener may submit and serve on all parties a brief in support or opposition to any brief of a party. All service and notice required by and upon a party shall apply to an intervener. § 15.68 Ex parte communications. (a) General. After proceedings have been commenced, any communication or discussion ex parte, as regards the merits of the proceeding or a factually related proceeding, between an employee of the Department involved in the decisional process and a person not employed by the Department, and any such communication or discussion between any employee of the Department, who is or has been engaged in any way in the investigation or prosecution of the proceeding or a factually related proceeding, and an employee of the Department who is involved or may be involved in the decisional process of a proceeding, except at a conference, hearing or review proceeding under these rules is improper and prohibited. (b) Request for information. A request for information about the status of a proceeding without discussing issues or expressing points of view and inquiries with respect to procedural matters or an emergency request for an extension of time are not deemed ex parte communications. When practical all parties should be notified of any request for an extension of time. Communication between an applicant or recipient and the agency or the Secretary with respect to securing voluntary compliance with any requirement of Subpart A of this part is not prohibited. (c) Unsponsored written material. Letters expressing views or urging action and other unsponsored written material regarding matters in issue in a proceeding will be placed in the correspondence section of the docket of the proceeding. Such are not deemed part of the evidence or record. FORM, EXECUTION, FILING AND SERVICE OF DOCUMENTS § 15.71 Form of documents to be filed. All copies of documents filed in a proceeding shall be dated, signed in ink, shall show the address and position or title of the signatory, and shall show the docket number and title of the proceeding on the front page. § 15.72 Filing. All documents relating to a proceeding under this subpart shall be filed in an original and two copies of such document with the Office of the Hearing Clerk at Room 112, Administration Building, Department of Agriculture, Washington, D.C., 20250, during regular business hours. Regular business hours are every Monday through Friday (legal holidays in the District of Columbia excepted) from 9 a.m. to 5:30 p.m., eastern standard or daylight saving time, whichever is effective in the District of Columbia at the time. § 15.73 Service. Service shall be made by the Hearing Clerk by personal delivery of one copy to each person to be served or by mailing by first-class mail, or air mail if more than 300 miles, properly addressed with postage prepaid. When a party or intervener has appeared by attorney or representative, service upon such attorney or representative will be deemed proper service. The initial notice of hearing, opportunity to request a hearing, or notice setting a date for a hearing shall be by certified mail, return receipt requested. § 15.74 Date of service. The date of service shall be the day when the matter is deposited in the U.S. mail or is delivered in person, except that the date of service of the initial notice a hearing or notice of opportunity to request a hearing or notice setting a date for a hearing shall be the date of its delivery, or of its attempted delivery if delivery is refused. INITIAL NOTICE AND RESPONSE § 15.81 How proceedings are commenced. Proceedings are commenced by mailing a notice to an applicant or recipient of alleged noncompliance with the Act and the Secretary's regulations thereunder. The notice will be signed by the interested agency head or by the Secretary and shall be filed with the hearing clerk for proper service by the hearing clerk according to the rules of this subpart. The notice shall include either a notice of hearing or notice of opportunity to request a hearing as determined by the Secretary and shall comply with the requirements of § 15.9(a). |