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proceeding; or of the official or attorney representing the United States, in the case of an administrative proceeding, to represent the interest of the employee and USDA.
(e) If there is any question regarding the validity of a summons, subpoena, or other compulsory process, an em. ployee shall contact the Office of the General Counsel for advice.
ly notify the head of his or her USDA agency and the General Counsel or his or her designee of the existence and nature of the order compelling his or her appearance, or of the document requesting his or her appearance. He or she shall also specify, if that is known, the nature of the judicial or administrative proceeding and the nature of the testimony or documents requested.
(b)(1) Except as provided in paragraph (b)(2) of this section, an employee of USDA only may appear as a witness or produce records on behalf of a party other than the United States in a judicial or administrative proceeding in which the United States is a party if such appearance or production has been ordered by the service on the employee of a valid summons, subpoena, or other compulsory process issued by a court, administrative agency, or other official authorized to compel his or her appearance.
(2) An employee requested to appear as a witness or produce records on behalf of a party other than the United States in a judicial or administrative proceeding in which the United States is a party, without being served a valid summons, subpoena, or other compulsory process, may appear or produce records only if such appearance or production has been authorized by a representative of the Department of Justice, the United States Attorney, or other counsel who is representing the United States in the case of a judicial proceeding; or by the official or attorney representing the United States, in the case of an administrative proceeding.
(c) The head of the USDA agency shall consult with the General Counsel or his or her designee as to whether there are grounds to oppose the employee's attendance or production of documents and, if so, whether to seek to quash the summons, subpoena, compulsory process, or to deny authorization under paragraph (b)(2) of this section.
(d) As appropriate, the General Counsel or his or her designee will request the assistance of the Department of Justice, a United States Attorney, or other counsel representing the United States, in the case of a judicial
81.217 Witness fees and travel expenses.
(a) Any employee of USDA who attends a judicial or administrative proceeding as a witness in order to testify or produce official documents behalf of the United States is entitled to travel expenses in connection with such appearance in accordance with the Agriculture Travel Regulations.
(b) An employee of USDA who attends a judicial or administrative proceeding on behalf of the United States is not entitled to receive fees for such attendance.
(c) An employee of USDA who attends a judicial or administrative proceeding on behalf of a ty other than the United States when such appearance is in his or her official capacity or arises out of or relates to his or her employment with USDA is entitled to travel expenses in accordance with the Agriculture Travel Regulations to the extent that such expenses are not paid for by the court, agency, or official compelling his or her appearance or by the party on whose behalf he or she appears.
(d) An employee of USDA who attends a judicial or administrative proceeding on behalf of a party other than the United States when such appearance is in his or her official capacity or arises out of or relates to his or her employment with USDA is required to collect the authorized fees for such service and remit such fees to his or her USDA agency.
8 1.218 Penalty.
An employee who testifies or produces records in a judicial or administrative proceeding in violation of the provisions of this regulation shall be subject to disciplinary action.
PART la-LAW ENFORCEMENT
Sec. la.1 General statement. la.2 Authorization. la.3 Persons authorized. la.4 Limitations. la.5 Responsibility of the Inspector Gener
8 la.3 Persons authorized.
Any person who is employed in the Office of Inspector General and who is designated by the Inspector General in accordance with and subject to § 1a.5 and who conducts investigations of alleged or suspected felony criminal violations of statutes administered by the Secretary of Agriculture or any agency of the Department of Agriculture may exercise the authorities listed in and pursuant to g la.2.
AUTHORITY: Sec. 1337, Pub. L. 97-98; 5 U.S.C. 301; 5 U.S.C. App. I.
SOURCE: 47 FR 2073, Jan. 14, 1982, unless otherwise noted.
8 la.1 General statement.
This part sets forth the rules issued by the Secretary of Agriculture to implement section 1337 of Pub. L. 97-98 relating to:
(a) Arrests without warrant for certain criminal felony violations;
(b) Execution of warrants for arrests, searches of premises and seizures of evidence; and
(c) The carrying of firearms by designated officials of the Office of Inspector General.
8 la.4 Limitations.
The powers granted by $$ la.2(a) and la.2(b) shall be exercised only when a designated official is engaged in an investigation of alleged or suspected felony violations of statutes ad. ministered by the Secretary of Agriculture or any agency of the Department.
(50 FR 13759, Apr. 8, 1985)
8 la.2 Authorization.
Any official of the Office of Inspector General who is designated by the Inspector General according to $$ la.3 and la.5 of this part and who is engaged in the performance of his/her official duties under the authority provided in section 6, or described in section 9, of the Inspector General Act of 1978 (5 U.S.C. App.), is authorized to
(a) Make an arrest without a warrant for any criminal felony violation subject to $ 1a.4, if such violation is committed, or if the official has probable cause to believe that such violation is being committed, in his/her presence;
(b) Execute and serve a warrant for an arrest, for the search of premises, or the seizure of evidence if such warrant is issued under authority of the United States upon probable cause to believe that any criminal felony violation, subject to 8 la.4, has been committed; and
(c) Carry a firearm. (50 FR 13759, Apr. 8, 1985)
§ 1a.5 Responsibility of the Inspector Gen
eral The Inspector General shall:
(a) Issue directives conforming to this part governing the exercise of the authorities granted by this part. These directives should contain the policies and procedures by which the authori. ties will be exercised by designated of. ficials of the Office of Inspector General;
(b) Establish criteria for qualification by officials of the Office of Inspector General who are designated to exercise the authorities granted in this part;
(c) Monitor the implementation and exercise of the authorities granted by this part;
(d) Designate, pursuant to $ $ la.2, la.3 and la.4, and the directives issued under paragraph (a) of this section, and the criteria established under paragraph (b) of this section, employees who have satisfied all the qualifications set by the Inspector General to exercise the authorities granted by § 1a.2; and
(e) Submit to the Attorney General of the United States the name of any employee of the Office of Inspector General designated pursuant to paragraph (d) of this section. Any designation not specifically disapproved by the Attorney General within 30 days after the date of submission shall be deemed approved.
PART 1b-NATIONAL ENVIRONMENTAL POLICY ACT
AUTHORITY: National Environmental Policy Act (NEPA), as amended, 42 U.S.C. 4321 et seq.; E.O. 11514, 34 FR 4247, as amended by E.O. 11991, 42 FR 26927; E.O. 12114, 44 FR 1957; 5 U.S.C. 301; 40 CFR 1507.3.
SOURCE: 48 FR 11403, Mar. 18, 1983, unless otherwise noted.
8 lb.1 Purpose.
(a) This subpart supplements the regulations for implementation of the National Environmental Policy Act (NEPA), for which regulations were published by the Council of Environmental Quality (CEQ) in 40 CFR Parts 1500 through 1508. The subpart incorporates and adopts those regulations.
(b) This subpart sets forth Departmental policy concerning NEPA, establishes categorical exclusions of actions carried out by the Department and its agencies, and sets forth those USDA agencies which are excluded from the requirement to prepare procedures implementing NEPA. & lb.2 Policy.
(a) USDA agencies carry out programs for the purpose of encouraging sufficient and efficient production of food, fiber, and forest products; proper management and conservation of the Nation's natural resources; and the protection of consumers through inspection services. Programs to meet this mission are carried out through research; education; technical and financial assistance to landowners and operators, producers, and consumers; and management of the National Forest System.
(b) All policies and programs of the various USDA agencies shall be planned, developed, and implemented so as to achieve the goals and to follow the procedures declared by NEPA in
order to assure responsible steward. ship of the environment for present and future generations.
(c) Each USDA agency is responsible for compliance with the provisions of this subpart, the regulations of CEQ, and the provisions of NEPA. Compliance will include the preparation and implementation of specific procedures and processes relating to the programs and activities of the individual agency, as necessary.
(d) The Assistant Secretary, Natural Resources and Environment (NR&E), is responsible for ensuring that agency implementing procedures are consistent with CEQ's NEPA regulations and for coordinating NEPA compliance for the Department (7 CFR 2.19(b)). The Assistant Secretary, through the USDA Natural Resources and Envi. ronment Committee, will develop the necessary processes to be used by the Office of the Secretary in reviewing, implementing, and planning its NEPA activities, determinations, and policies.
(e) In connection with the policies and requirements set forth in this subpart, all USDA agencies are responsible for compliance with Executive Order 12114, “Environmental Effects Abroad of Major Federal Actions." Compliance will include the prepara. tion and implementation of specific procedures and processes relative to the programs and activities of the individual agencies, as necessary. Agencies shall consult with the Department of State; the Council on Environmen. tal Quality; and the Assistant Secretary, NR&E, prior to placing procedures and processes in effect.
8 1b.3 Categorical exclusions.
(a) The following are categories of activities which have been determined not to have a significant individual or cumulative effect on the human environment and are excluded from the preparation of environmental assessment (EA's) or environmental impact statement (EIS's), unless individual agency procedures prescribed otherwise.
(1) Policy development, planning and implementation which relate to routine activities, such as personnel,
(8) Food Safety and Inspection Serv
(9) Foreign Agricultural Service, (10) Office of Transportation,
(11) Packers and Stockyards Administration,
(12) Statistical Reporting Service, (13) Office of General Counsel, (14) Office of Inspector General, (15) National Agricultural Library.
PART 10-CULTURAL RESOURCES
PART 10-RURAL LABOR-IMMIGRA.
TION REFORM AND CONTROL ACT OF 1986-DEFINITIONS
organizational changes, or similar administrative functions;
(2) Activities which deal solely with the funding of programs, such as program budget proposals, disbursements, and transfer or reprogramming of funds;
(3) Inventories, research activities, and studies, such as resource inventories and routine data collection when such actions are clearly limited in context and intensity;
(4) Educational and informational programs and activities;
(5) Civil and criminal law enforcement and investigative activities;
(6) Activities which are advisory and consultative to other agencies and public and private entities, such as legal counselling and representation;
(7) Activities related to trade representation and market development activities abroad.
(b) Agencies will identify in their own procedures the activities which normally would not require an environmental assessment or environmental impact statement.
(C) Notwithstanding the exclusions listed above and in 1b.4, or identified in agency procedures, agency heads may determine that circumstances dictate the need for preparation of an EA or EIS for a particular action. Agencies shall continue to scrutinize their activities to determine continued eligibility for categorical exclusion. 8 lb.4 Exclusion of agencies.
(a) The USDA agencies listed below carry out programs and activities which have been found to have no individual or cumulative effect on the human environment. These agencies are excluded from the requirements to prepare implementing procedures. Actions of these agencies are categorically excluded from the preparation of an EA or EIS unless the agency head determines that an action may have a significant environmental effect.
(1) Agricultural Cooperative Service,
(5) Federal Crop Insurance Corporation,
(6) Federal Grain Inspection Service, (7) Food and Nutrition Service,
Sec. id.1 Scope. 1d.2 Agricultural lands. 1d.3 Critical and unpredictable labor de
mands. 10.4 Field work. 1d.5 Fruits. 1d.6 Horticultural specialties. 1d.7 Other perishable commodities. 10.8 Seasonal. 1d.9 Seasonal agricultural services. id.10 Vegetables.
AUTHORITY: 8 U.S.C. 1160.
SOURCE: 52 FR 20376, June 1, 1987, unless otherwise noted.
8 1d.1 Scope.
The following definitions are applicable only to the Immigration Control and Reform Act of 1986, Pub. L. 99603, and are published to fulfill the Secretary's responsibilities under that Act.
§ 1d.2 Agricultural lands.
Agricultural lands means any land, cave, or structure, except packinghouses or canneries, used for the purpose of performing field work. § 1d.3 Critical and unpredictable labor de
mands. Critical and unpredictable labor demands means that the period during which field work is to be initiated cannot be predicted with any certainty 60 days in advance of need.
aquacultural products, birds, dairy products, earthworms, fish including oysters and shellfish, forest products, fur bearing animals and rabbits, hay and other forage and silage, honey, horses and other equines, livestock of all kinds including animal specialities, poultry and poultry products, sugar cane, wildlife, and wool.
(55 FR 48831, Nov. 23, 1990)
8 1d.4 Field work.
Field work means any employment performed on agricultural lands for the purpose of planting, cultural practices, cultivating, growing, harvesting, drying, processing, or packing any fruits, vegetables, or other perishable commodities. These activities have to be performed on agricultural land in order to produce fruits, vegetables, and other perishable commodities, as opposed to those activities that occur in a processing plant or packinghouse not on agricultural lands. Thus, the drying, processing, packing of fruits, vegetables, and other perishable commodities in the field and the “on the field” loading of transportation vehicles are included. Operations using a machine, such as a picker or a tractor, to perform these activities on agricultural land are included. Supervising any of these activities shall be considered performing the activities.
8 1d.5 Fruits.
Fruits means the human edible parts of plants which consist of the mature ovaries and fused other parts or structures, which develop from flowers or inflorescence.
§ 10.9 Seasonal agricultural services.
Seasonal agricultural services means the performance of field work related to planting, cultural practices, cultivating, growing, and harvesting of fruits and vegetables of every kind and other perishable commodities.
10.6 Horticultural specialties.
Horticultural specialties means field grown, containerized, and greenhouse produced nursery crops which include juvenile trees, shrubs,seedlings, budding, grafting and understock, fruit and nut trees, fruit plants, vines, ground covers, foliage and potted plants, cut flowers, herbaceous annuals, biennials and perennials, bulbs, corms, and tubers.
8 13.10 Vegetables.
Vegetables means the human edible herbaceous leaves, stems, roots, or tubers of plants, which are eaten, either cooked or raw, chiefly as the principal part of a meal, rather than as a dessert.
(53 FR 31639, Aug. 19, 1988)
PART le-DETERMINATION OF THE
SHORTAGE NUMBER UNDER SEC-
Subpart A-General Provisions
8 10.7 Other perishable commodities.
Other perishable commodities mean those commodities which do not meet the definition of fruits or vegetables, that are produced as a result of field work, and have critical and unpredictable labor demands. This is limited to Christmas trees, cut flowers, herbs, hops, horticultural specialities, lettuce seed, sod, spanish reeds (arundo donax), spices, sugar beets, and tobacco. This is an exclusive list, and anything not listed is excluded. Examples of commodities that are not included as perishable commodities are animal
Sec. le.O Introduction. le.1 Purpose and scope. le.2 Definitions. le.3 Overall determination of the shortage
number. le.4 No replenishment if no shortage. le.5 Determination of need. le.. Determination of supply.