Code of Federal Regulations: Containing a Codification of Documents of ...

of funds, abuse of authority, or substantial and specific dangers to the public health and safety.

(10) Select, appoint, and employ necessary officers and employees in the Office of Inspector General in accordance with laws and regulations governing the civil service, including an Assistant Inspector General for Auditing and an Assistant Inspector General for Investigations.

(11) Obtain services as authorized by Section 3109 of Title 5, United States Code.

(12) Enter into contracts and other arrangements for audits, studies, analyses and other services with public agencies and private persons and make such payments as may be necessary to carry out the provisions of the Act to the extent and in such amounts as may be provided in an appropriation act.

(5 U.S.C. 301; Reorganization Plan No. 2 of 1953; Pub. L. 95-452, 92 Stat. 1101, 5 U.S.C. app.)

[45 FR 31697, May 14, 1980]

§ 2.34 Reservations of authority.

The following authority is reserved to the Secretary of Agriculture:

(a) Approving the implementation in OIG of administrative policies or procedures that contravene standard USDA administrative policies as promulgated by the Assistant Secretary for Administration.

(5 U.S.C. 301; Reorganization Plan No. 2 of 1953; Pub. L. 95-452, 92 Stat. 1101, 5 U.S.C. app.)

[45 FR 31698, May 14, 1980]

§ 2.35 Delegations of authority to the Judicial Officer.

The following delegations of authority are made by the Secretary of Agriculture to the Judicial Officer:

(a) Pursuant to the provisions of the Act of April 4, 1940 (7 U.S.C. 450c450g), and Reorganization Plan No. 2 of 1953 (5 U.S.C. 1976 ed., Appendix, p. 764), the Judicial Officer is hereby authorized to act as final deciding officer in adjudication proceedings subject to 5 U.S.C. 556 and 557; in other adjudication proceedings which are or may be made subject to the "Rules of Practice Governing Formal Adjudicatory

Proceedings Instituted by the Secretary Under Various Statutes" set forth in 7 CFR Part 1, Subpart H; in adjudication proceedings under the "Rules of Practice Governing Cease and Desist Proceedings Under Section 2 of the Capper-Volstead Act" set forth in 7 CFR Part 1, Subpart I; in rate proceedings under the Packers and Stockyards Act; and in reparation proceedings under statutes administered by the Department. As used herein the term "Judicial Officer" shall mean any person or persons so designated by the Secretary of Agriculture. The provisions of this delegation shall not be construed to limit the authority of the Judicial Officer to perform any functions, in addition to those defined in the said Act of April 4, 1940, which from time to time may be assigned by the Secretary to him.

[45 FR 62784, Sept. 22, 1980]

§ 2.36 Director, Office of Budget and Program Analysis.

The following delegations of authority are made by the Secretary of Agriculture to the Director, Office of Budget and Program Analysis:

(a) Exercise general responsibility and authority for all matters related to the Department's budgeting affairs including:

(1) Budgetary administration, including all phases of acquisition, distribution and control of funds.

(2) Budgetary reporting.

(3) Legislative reporting and related activities.

(b) Provide staff assistance for the Secretary, general officers, and other Department and agency officials.

(d) Review budgetary and legislative aspects of agency operations and proposals.

(e) Represent the Department in contacts with the Office of Management and Budget, the General Accounting Office, the Treasury Department, Congressional Committees on Appropriations, and other organizations and agencies on matters related to his or her responsibility.

(g) Administer the Department's operations review and analysis program. This includes the authority to:

(1) Set operations review and analysis policies, programs, plans, and procedures for the Department, and

(2) Conduct operations reviews and analyses of Departmental and agency activities. These reviews will provide coordinated appraisals of Departmental and agency operations with respect to their effectiveness, relevance, need, and efficiency.

(h) Develop comprehensive longrange program plans.

(i) Administer the Department's program evaluation system; maintain an integrated multi-year programming and budgeting structure; and monitor performance of agencies in meeting budgeting targets and objectives.

(j) Review and approve exemptions for Department of Agriculture contracts, subcontracts, grants, subgrants, agreements, subagreements, loans and subloans from the requirements of the Clean Air Act, as amended (42 U.S.C. 1857 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), and Executive Order 11738 when he or she determines that the paramount interest of the United States so requires as provided in the above acts and Executive Order and the regulations of the Environmental Protection Agency (40 CFR 15.5).

(k) Coordinate and direct the design and structure of mechanisms for public participation in the Department's decision-making process.

(1) Monitor agency public participation programs and plans to insure consistency with Department goals and policies.

[46 FR 21986, Apr. 15, 1981, as amended at 46 FR 47750, Sept. 30, 1981; 46 FR 62047, Dec. 22, 1981]

§ 2.37 Reservations of authority.

The following authority is reserved to the Secretary of Agriculture:

(a) Final approval of the Department's program and financial plans. [46 FR 21986, Apr. 15, 1981]

§ 2.39 Delegations of authority to the Director of Science and Education.

The following delegations of authority are made by the Secretary of Agriculture to the Director, Science and Education.

(a) Related to science and education. (1) Provide national leadership and coordination for agricultural research, extension, and teaching programs in the food and agricultural sciences (includes human nutrition, home economics, consumer services, family life, rural and community development, agricultural energy, agricultural economics, environmental quality, natural and revewable resources, forestry, range management, animal and plant production and protection, aquaculture, and the processing, distribution, marketing and utilization of food and agricultural products) conducted or financed by the Department of Agriculture and, to the maximum extent practicable, by other Federal departments and agencies pursuant to the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3121).

(2) Administer a cooperative agricultural extension program related to agriculture, uses of solar energy with respect to agriculture and home economics under the Smith-Lever Act as amended (7 U.S.C. 341-349).

(3) Cooperate with the States for the purpose of encouraging and assisting them in carrying out research related to the problems of agriculture in its broadest aspects under the Hatch Act as amended (7 U.S.C. 361a-361i).

(4) Support agricultural research at eligible institutions in any State through Federal-grant funds to help finance physical facilities (7 U.S.C. 390-390k).

(5) Conduct research concerning domestic animals and poultry, their protection and use, causes of contagious, infectious, and communicable diseases and means for the prevention and cure of the same (7 U.S.C. 391).

(6) Conduct research related to the dairy industry and dissemination of information for the promotion of the dairy industry (7 U.S.C. 402).

(7) Conduct research and demonstrations at Mandan, ND and Lewisburg,

TN, concerning dairy livestock breeding, growing, and feeding, and other problems pertaining to the establishment of dairy and livestock industries (7 U.S.C. 421-422).

(8) Conduct research on new uses for cotton and on cotton ginning and processing (7 U.S.C. 423-424).

(9) Conduct research into the basic problems of agriculture in its broadest aspects, including, but not limited to, production, marketing (other than statistical and economic research but including research related to family use of resources), distribution, processing, utilization of plant and animal commodities, problems of human nutrition, development of markets for agricultural commodities, discovery, introduction, and breeding of new crops, plants, and animals both foreign and native, conservation development, and development of efficient use of farm buildings, homes, and farm machinery, including the application of electricity and other forms of power and research and development related to uses of solar energy with respect to farm buildings, farm homes, and farm machinery (7 U.S.C. 427, 2201, 2204).

(10) Conduct research on varietal improvement of wheat and feed grain to enhance their conservation and environmental qualities (7 U.S.C. 428b).

(11) Advance the livestock and agricultural interests of the United States including the breeding of horses suited to the needs of the United States (7 U.S.C. 437).

(12) Enter into agreements with and receive funds from any State or political subdivision, organization, or person for the purpose of conducting cooperative research projects (7 U.S.C. 450a).

(13) Administer a program of competitive, special, and facilities grants to State agricultural experiment stations, colleges and universities, other research institutions and organizations, Federal agencies, private organizations or corporations and individuals to promote research in food, agricultural and related areas (7 U.S.C. 450i).

(14) Conduct research related to soil and water conservation, engineering operations and methods of cultivation to provide the control and prevention of soil erosion (7 U.S.C. 1010, 16 U.S.C. 590a).

(15) Maintain four regional research laboratories and conduct research at such laboratories to develop new scientific, chemical, and technical uses and new and extended markets and outlets for farm commodities and products and byproducts (7 U.S.C. 1292).

(16) Conduct a special cotton research program designed to reduce the cost of producing upland cotton in the United States (7 U.S.C. 1441-note).

(17) Conduct research, educational, and demonstration work related to the distribution and marketing of agricultural products under the Agricultural Marketing Act of 1946, as amended, except as otherwise delegated in § 2.17(a)(2) and § 2.50(a)(2) (7 U.S.C. 1621-1627).

(18) [Reserved]

(19) Conduct research in tropical and subtropical agriculture for the improvement and development of tropical and subtropical food products for dissemination and cultivation in friendly countries as provided by the Food for Peace Act of 1966 (7 U.S.C. 1736(a)(4)).

(20) Conduct research to develop and determine methods of humane slaughter of livestock (7 U.S.C. 1904).

(21) Accept gifts and order disbursements from the Treasury for the benefit of the National Agricultural Library or for carrying out any of its functions (7 U.S.C. 2264-2265).

(22) Administer in cooperation with the States a cooperative rural development and small farm research and extension program under the Rural Development Act of 1972, as amended (7 U.S.C. 2661-2668, 2670).

(23) Administer a cooperative extension program under the Farmer-toConsumer Direct Marketing Act of 1976 (7 U.S.C. 3004).

(24) Conduct a program of grants to States to establish or expand schools of veterinary medicine (7 U.S.C. 3151).

(25) Conduct a program of (i) competitive grants to colleges and universities and (ii) predoctoral and postdoctoral fellowships, to further education in the food and agricultural sciences (7 U.S.C. 3152).

(26) Administer the National Agricultural Research Award for research or advanced studies in the food and agricultural sciences (7 U.S.C. 3153).