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Part 1 la 1b 1c 2


5 95 96 98

108 238

3 4 5

258 262


279 292


Administrative regulations
Law enforcement authorities
National Environmental Policy Act
Protection of human subjects
Delegations of authority by the Secretary of Agri-

culture and general officers of the Department
Debt management
Determination of parity prices
Import quotas and fees
Selection and functions of Agricultural Stabiliza-

tion and Conservation State, county and commu

nity committees
4H Club name and emblem
National Appeals Division rules of procedure
Highly erodible land and wetland conservation
Determining the primary purpose of certain pay-

ments for Federal tax purposes
Education programs or activities receiving or ben-

efitting from Federal financial assistance
Nondiscrimination on the basis of handicap in pro-

grams and activities receiving Federal financial

Enforcement of nondiscrimination on the basis of

handicap in programs or activities conducted by

the United States Department of Agriculture
Sales of agricultural commodities made available

under Title 1 of the Agricultural Trade Develop-
ment and Assistance Act of 1954, as amended

295 304

326 329

15 15a






16 17

405 Page

Part 18


19 20 21


Equal employment opportunity in the State Coop

erative Extension Services
Export sales reporting requirements
Uniform relocation assistance and real property

acquisition for Federal and federally assisted

Rural development coordination
State and regional annual plans of work .....
Board of Contract Appeals, Department of Agri-

Rural empowerment zones and enterprise commu-


22 23 24

432 432 437






Subpart A-Official Records

computation of time.

1.148 Depositions.

1.149 Subpoenas.

1.150 Fees of witnesses.

1.151 Ex parte communications.

Television Films

1.71 Purpose.

1.72 Policy.

1.73 Responsibility.

1.74 Basis for special working relationships.

1.75 General stipulations.

1.76 Department cooperation.

1.77 Assignment of priorities.

1.78 Development of special working rela-


1.79 Credits.

Subpart 1-Rules of Practice Govering

Cease and Desist Proceedings Under
Section 2 of the Capper-Volstead Act

1.160 Scope and applicability of rules in this

part. 1.161 Definitions. 1.162 Institution of proceedings. 1.163 The complaint. 1.164 Answer. 1.165 Amendments, 1.166 Consent order. 1.167 Conference. 1.168 Procedure for hearing. 1.169 Post-hearing procedure and decision. 1.170 Appeal to the Judicial Officer. 1.171 Intervention. 1.172 Motions and requests. 1.173 Judges. 1.174 Filing; service; extensions of time; and

computation of time. 1.175 Procedure following entry of cease and

desist order.

1.213 Appearance as a witness on behalf of

the United States. 1.214 Appearance as a witness on behalf of a

party other than the United States where

the United States is not a party. 1.215 Subpoenas duces tecum for USDA

records in judicial or administrative proceedings in which the United States is

not a party. 1.216 Appearance as a witness or production

of documents on behalf of a party other than the United States where the United

States is a party. 1.217 Witness fees and travel expenses. 1.218 Penalty. 1.219 Delegations.

Subpart L-Procedures Related to Adminis

trative Hearings Under the Program Fraud Civil Remedies Act of 1986

Subpart J-Procedures Relating to Awards

Under the Equal Access to Justice Act
In Proceedings Before the Department


1.180 Definitions. 1.181 Purpose of these rules. 1.182 When the Act applies. 1.183 Proceedings covered. 1.184 Eligibility of applicants. 1.185 Standards for awards. 1.186 Allowable fees and expenses. 1.187 Rulemaking on maximum rates for at

torney fees. 1.188 Awards against other agencies. 1.189 Delegations of authority.


1.190 Contents of application. 1.191 Net worth exhibit. 1.192 Documentation of fees and expenses. 1.193 Time for filing application.

Sec. 1.301 Basis, purpose and scope. 1.302 Definitions. 1.303 Basis for civil penalties and assess


1.194 Filing and service of documents. 1.195 Answer to application. 1.196 Reply. 1.197 Comments by other parties. 1.198 Settlement. 1.199 Further proceedings. 1.200 Decision. 1.201 Department review. 1.202 Judicial review. 1.203 Payment of award.

Subpart K-Appearance of USDA Employ

ments. 1.304 Investigation. 1.305 Review by the reviewing official. 1.306 Prerequisites for issuing a complaint. 1.307 Complaint. 1.308 Service of complaint and notice of

hearing. 1.309 Answer and request for hearing. 1.310 Default upon failure to file an answer. 1.311 Referral of complaint and answer to

the ALJ. 1.312 Procedure where respondent does not

request a hearing. 1.313 Procedure where respondent requests a

hearing; notice of hearing. 1.314 Parties to the hearing. 1.315 Separation of functions. 1.316 Ex parte contacts. 1.317 Disqualification of reviewing official

or ALJ. 1.318 Rights of parties. 1.319 Authority of the ALJ. 1.320 Prehearing conferences. 1.321 Disclosure of documents. 1.322 Discovery. 1.323 Subpoenas for attendance at hearing. 1.324 Fees. 1.325 Form, filing and service of papers. 1.326 Computation of time. 1.327 Motions. 1.328 Sanctions. 1.329 The hearing and burden of proof. 1.330 Location of hearing. 1.331 Witnesses. 1.332 Evidence. 1.333 The record. 1.334 Post-hearing briefs. 1.335 Determining the amount of penalties

and assessments. 1.336 Initial decision of the ALJ. 1.337 Reconsideration of initial decision. 1.338 Appeal to the judicial officer.

ees as Witnesses in Judicial or Administrative Proceedings

1.210 Purpose. 1.211 Definitions. 1.212 General.

1.339 Stays ordered by the Department of

Justice. 1.340 Stay pending appeal. 1.341 Judicial review. 1.342 Collection of civil penalties and as

sessments. 1.343 Right to administrative offset. 1.344 Deposit to Treasury of the United

States. 1.345 Settlement. 1.346 Limitation.

pursuant to compulsory process. This subpart also serves as the implementing regulations for the Office of the Secretary (the immediate offices of the Secretary, Deputy Secretary, Under Secretaries and Assistant Secretaries) and for the Office of Communications. The Office of Communications has the primary responsibility for the FOIA in the Department of Agriculture (USDA). The term "agency” or “agencies” 18 used throughout this subpart to include both USDA program agencies and staff offices.

Subpart M-Rules of Practice Govering

Adjudication of Sourcing Area Appllcations and Formal Review of Sourcing Areas Pursuant to the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620, et seq.)

[62 FR 33978, June 24, 1997)

1.410 Meaning of words. 1.411 Definitions. 1.412 Institution of proceedings. 1.413 Submission of a sourcing area appli

cation. 1.414 Docket number. 1.415 Notification of proceedings. 1.416

Comment period. 1.417 Review period. 1.418 Procedure upon no request for hear

ing. 1.419 Amendment of a sourcing area appli

cation. 1.420 Consent recommendation. 1.421 Prehearing conferences and proce

dures. 1.422 Conduct of the hearing. 1.423 Post-bearing procedure. 1.424 Motions and requests. 1.425 Judges. 1.426 Appeal to Judicial Officer. 1.427 Filing; identification of parties of

record; service; and computation of time. 1.428 Depositions. 1.429 Ex parte communications.

8 1.2 Policy.

(a) Agencies of USDA shall comply with the time limits set forth in the FOIA for responding to and processing requests and appeals for

agency records, unless there are unusual circumstances within the meaning of 5 U.S.C. 552(a)(6)(B). An agency shall notify a requester in writing whenever it is unable to respond to or process a request or appeal within the time limits established by the FOIA.

(b) All agencies of the Department shall comply with the fee schedule provided as appendix A of this subpart, with regard to the charging of fees for providing copies of records and related services to requesters.

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AUTHORITY: 5 U.S.C. 301, unless otherwise noted.

Subpart A-Official Records

AUTHORITY: 5 U.S.C. 301, 552; 7 U.S.C. 3125a; 31 U.S.C. 9701; and 7 CFR 2.28(b)(7)(viii).

SOURCE: 52 FR 49386, Dec. 31, 1987, unless otherwise noted.

8 1.1 Purpose and scope.

This subpart establishes policy, procedures, requirements, and responsibilities for administration and coordination of the Freedom of Information Act (FOIA), 5 U.S.C. 552, pursuant to which official records may be obtained by any person. This subpart also provides rules pertaining to the disclosure of records

(a) Each agency of the Department shall promulgate regulations setting forth the following:

(1) The location and hours of operation of the agency office or offices where members of the public may gain access to those materials required by $1.5 to be made available for public inspection and copying;

(2) Information regarding the publication and distribution (by sale or otherwise) of indexes and supplements to indexes which are maintained in accordance with the requirements of 5 U.S.C. 552(a)(2) and $1.5(b); (3) The title(s) and

title(s) and mailing address(es) of the official(s) of the agency

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