Imagini ale paginilor
PDF
ePub

supply operations, under section 5 (b), (c), and (d) of the CCC Charter Act (15 U.S.C. 714c (b), (c), and (d)), section 416 of the Agricultural Act of 1949, as amended (7 U.S.C. 1431), 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 Agriculture Act of 1965, as amended (7 U.S.C. 1446a), except as specified in §§ 2.15(b) and 2.21(d), and assist the Assistant Secretary for Food and Consumer Services in the procurement, handling, payment and related services under section 32 of the Act of August 23, 1935, as amended (7 U.S.C. 612c), and the National School Lunch Act of 1946, as amended (42 U.S.C. 1755).

(29) Administer commodity procurement and supply, transportation (other than from point of export except for movement to trust territories or possessions), handling, payment, and related services in connection with programs under title II of Pub. L. 480 (7 U.S.C. 1721-1725), and payment and related services for the Foreign Agricultural Service with respect to export subsidy and barter operations, operations under title I of Pub. L. 480, and the export credit sales program.

(30) Administer wool and mohair programs under section 704 of the National Wool Act of 1954, as amended (7 U.S.C. 1783), and under the authority of section 708 of that Act (7 U.S.C. 1787), conduct producer referendums, withhold funds (for advertising and promotion) from payments made to producers under section 704, and transfer such funds to the person or agency designated by the Assistant Secretary for Marketing Services.

(31) Administer other functions on behalf of CCC as assigned in accordance with CCC bylaws.

(32) [Reserved]

(33) Conduct producer referendums required under Section 9 of the Beef Research and Information Act (7 U.S.C. 2908).

(c) Related to Federal crop insurance. Management of the Federal Crop Insurance Corporation is vested in a Board of Directors subject to the general supervision of the Secretary.

The general powers and authorities of the Corporation are stated in the Federal Crop Insurance Act, as amended (7 U.S.C. 1501-1520). The Manager of the Corporation is its chief executive officer, with such power and authority as may be conferred upon him by the Board. Since general supervision of the Corporation is vested in the Secretary, the following delegation of authority is made to the Assistant Secretary for International Affairs and Commodity Programs:

(1) Exercise general supervision of the Federal Crop Insurance Corporation.

(d) Related to foreign agriculture. (1) Coordinate the carrying out by Department agencies of their functions involving foreign agricultural policies and programs and their operations and activities in foreign areas. Act as liaison agency on these matters and functions relating to foreign agriculture between the Department of Agriculture and the Department of State, the Special representative for Trade Negotiations, the Trade Expansion Act Advisory Committee, Agency for International Development, and other departments, agencies, and committees of the U.S. Government, foreign governments, Organization for Economic Cooperation and Development, the European Common Market, the Food and Agriculture Organization of the United Nations, International Bank for Reconstruction and Development, Inter-American Development Bank, Organization of American States, and other public and private U.S. and international organizations, and the contracting parties to the General Agreement of Tariffs and Trade.

(2) Administer Departmental programs concerned with development of foreign markets for agricultural products of the United States except functions relating to export marketing operations under section 32, Pub. L. 320, 74th Congress (7 U.S.C. 612c) delegated to the Assistant Secretary for Food and Consumer Services, and utilization research delegated to the Assistant Secretary for Conservation, Research, and Education. Legal authority for these programs is contained in section

104(b)(1) of the Agricultural Trade Development and Assistance Act of 1954, as amended, hereinafter referred to as "Pub. L. 480" (7 U.S.C. 1704(b)(1)), section 601 of the Agricultural Act of 1954, as amended (7 U.S.C. 1761), and section 5(f) of the CCC Charter Act (15 U.S.C. 714c(f)).

(3) Conduct studies of worldwide production, trade, marketing, prices, consumption, and other factors affecting exports and imports of U.S. agricultural commodities and to obtain information on methods used by other countries to move farm commodities in world trade on a competitive basis for use in the development of programs of this Department, provision of information to domestic producers, agricultural trade, the public and other interests, and the promotion of normal commercial markets abroad. This delegation excludes basic and long-range analyses of world conditions and developments affecting supply, demand, and trade in farm products and general economic analyses of the international financial and monetary aspects of agricultural affairs as assigned to the Director of Economics, Policy Analysis and Budget.

(4) Conduct functions of the Department relating to the General Agreement of Tariffs and Trade (GATT), the Trade Expansion Act of 1962 (19 U.S.C. 1801 et seq.), and other legislation affecting international agricultural trade including those programs designed to reduce foreign tariffs and other trade barriers.

(5) Maintain a worldwide agricultural attaché intelligence and reporting system, including provision of foreign agricultural representation abroad to protect and promote U.S. agricultural interests, and to acquire information on demand, competition, marketing and distribution of United States agricultural products abroad pursuant to Title VI of the Agricultural Act of 1954, as amended, Pub. L. 83-690 (7 U.S.C. 1761-1766).

(6) Conduct Department activities to carry out the provisions of the International Coffee Agreement Act of 1968 (19 U.S.C. 1356f-j).

(7) Administer functions of the Department relating to import controls,

including, among others, functions under section 22 of the Agricultural Adjustment Act (of 1933), as amended (7 U.S.C. 624), section 2 of Pub. L. 88482 (19 U.S.C. 1202 note), and section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854), but not including those functions reserved to the Secretary under § 2.22(d), those relating to the Sugar Act of 1948, as amended (7 U.S.C. 1100 et seq.), as specified in § 2.21(a) and those relating to section 8e of the Agricultural Adjustment Act (of 1933), as amended (7 U.S.C. 608e-1), as assigned to the Assistant Secretary for Marketing Services.

(8) Represent the Department on the Interdepartmental Committee for Export Control and to conduct departmental activities to carry out the provisions of the Export Administration Act of 1969, as amended (50 U.S.C. App. 2401-2413), except as reserved to the Secretary under § 2.22(d).

(9) Exercise the Department's responsibilities in connection with international negotiations of the International Wheat Agreement and in administration of such Agreement.

(10) Plan and carry out programs and activities under the foreign market promotion authority of the Wheat Research and Promotion Act (7 U.S.C. 1292 note); the Cotton Research and Promotion Act (7 U.S.C. 2101-2118); Section 610 of the Agricultural Act of 1970 (7 U.S.C. 2119); the Potato Research and Promotion Act (7 U.S.C. 2611-2627); the Egg Research and Consumer Information Act of 1974 (7 U.S.C. 2701-2718); the National Wool Act of 1954, as amended (7 U.S.C. 1781-1787); and the Beef Research and Information Act (7 U.S.C. 2901-2918). This authority includes determining the programs and activities to be undertaken and assuring that they are coordinated with the overall departmental programs to develop foreign markets for U.S. agricultural products.

(11) Formulate policies and administer programs under section 5(f) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714c(f)) and section 4, Pub. L. 89-808 (7 U.S.C. 1707a), to finance commercial export

credit sales of agricultural commodities by U.S. exporters.

(12) Formulate policies and administer barter programs under which agricultural commodities are exported under sections 4(h) and 5(f) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b(h) and 714c(f)) and section 303 of Pub. L. 480, 83d Congress (7 U.S.C. 1692).

(13) Negotiate and implement agreements between CCC and private trade entities to finance the sales and exportation of agricultural commodities for dollars on long-term credit under title I of Pub. L. 480 (7 U.S.C. 1707).

of

(14) Perform functions of the Department in connection with the development and implementation basic country agreements under title I of Pub. L. 480 to finance the sales and exportation of agricultural commodities on long-term credit or for foreign currencies.

(15) Participate in program development, evaluation, and review, including related liaison with the Agency for International Development, private relief agencies, and intergovernmental organizations, and activities involving operational responsibilities with respect to making agricultural commodities available for distribution in foreign countries under title II, Pub. L. 480. (7 U.S.C. 1721-1725).

(16) Coordinate within the Department activities arising under Pub. L. 480 (except as delegated to the Director of Economics, Policy Analysis and Budget in § 2.27(c)) and to represent the Department in its relationships in such matters with the Department of State, the Interagency Staff Committee on Pub. L. 480, and other departments, agencies and committees of the Government.

(17) Arrange for transportation in connection with moving commodities from point of export under Pub. L. 480 and under section 5 of the CCC Charter Act (15 U.S.C. 714c) except for movement to trust territories or possessions.

(18) Formulate policy for export pricing and price review, in connection with export sales of CCC-owned commodities, except for tobacco, peanuts,

tung oil, and gum naval stores and for export sales under Pub. L. 480.

(19) Formulate policies and administer programs for sales for export of agricultural commodities owned by Commodity Credit Corporation (except for tobacco, peanuts, tung oil and gum naval stores).

(20) Allocate among the various export programs, agricultural commodities determined under § 2.21(a) to be available for export.

(21) Formulate policies and administer export payment programs (other than those under section 32, Pub. L. 320, 74th Congress (7 U.S.C. 612(c)) and other programs as assigned, to encourage or cause the export of U.S. ag. ricultural commodities.

(22) Perform those functions under section 203(j) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622(j)) with respect to improvement of transportation services, facilities, and rates for the export of agricultural commodities and farm supplies which involve action before the Federal Maritime Commission, the Maritime Administration, or other similar transportation regulatory body, or which involve working directly with individual ocean carriers or groups of such carriers.

(23) Administer the program under section 812 of the Agricultural Act of 1970, as added by the Agriculture and Consumer Protection Act of 1973 (7 USC 612c-3), relating to export sales contract reporting operations.

(24) Conduct economic analyses pertaining to the foreign sugar situation.

(25) Exercise the Department's functions with respect to the International Sugar Agreement or any such future agreements.

(26) Administer and coordinate, subject to the overall policy guidance of the Department's Executive Steering Group, responsibilities and functions of the Department of Agriculture for carrying out the Large Area Crop Inventory Experiment (LACIE), undertaken by the Department in cooperation with National Oceanic and Atmospheric Administration (NOAA) and National Aeronautics and Space Administration (NASA), to establish utility and cost-effectiveness of using satellite, meteorological, and climatologi

cal data to predict global production of major crops.

(27) Serve as a focal point for handling quality or weight discrepancy inquiries from foreign buyers of U.S. agricultural commodities to insure that they are investigated and receive a timely response and that reports thereof are made to appropriate parties and government officials in order that corrective action may be taken.

(28) Establish and administer regulations relating to foreign travel by employees of the Department. Regulations will include, but not be limited to, obtaining and controlling passports, obtaining visas, coordinating State Department medical clearances and imposing requirements for itineraries and contacting the Agricultural Attaché upon arrival in the Attaché's country(ies) of responsibility.

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

(f) 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 agricultural production; food processing, storage, and distribution; distribution of farm equipment and fertilizer; rehabilitation and use of food, agricultural and related agribusiness facilities; Commodity Credit Corporation resources; and foreign agricultural intelligence and other foreign agricultural matters.

[37 FR 28463, Dec. 27, 1972, as amended at 38 FR 24633, Sept. 10, 1973; 39 FR 12981, Apr. 10, 1974; 40 FR 2420, Jan. 13, 1975; 40 FR 3285, Jan. 21, 1975; 40 FR 18752, Apr. 30, 1975; 40 FR 33024, Aug. 6, 1975; 40 FR 44111, Sept. 25, 1975; 40 FR 56421, Dec. 3, 1975; 41 FR 14170, Apr. 2, 1976; 41 FR 22333, June 3, 1976; 41 FR 44185, Oct. 7, 1976; 42 FR 35627, July 11, 1977; 43 FR 15135, Apr. 11, 1978; 43 FR 23983, June 6, 1978; 43 FR 31309, 31310, July 21, 1978]

[blocks in formation]

(a) [Reserved]

(b) Related to agricultural stabilization and conservation. (1) Appointment of State ASC committeemen.

(2) Recommendations to the President regarding the designation of areas of major disaster under the Disaster Relief Act of 1970, Pub. L. 91-606 (42 U.S.C. 4401), and regarding the designation of acute distress areas because of unemployment or other economic causes, pursuant to section 407 of the Agricultural Act of 1949, as amended, the designation of boundaries within areas under Pub. L. 91606 or acute distress areas under section 407 of the Agricultural Act of 1949, as amended; the execution of cooperative agreements with State Governors and heads of other Federal agencies with respect to the program designations of emergency areas under the statutes to which reference is made in § 2.21(a), (26) and (27).

(3) Final approval of regulations relating to the selection and exercise of the functions of committees promulgated under section 8(b) of the Soil Conservation and Domestic Allotment Act, as amended (16 U.S.C. 590h(b)).

(c) Related to Federal crop insurance. (1) Appointing the Board of Directors, Federal Crop Insurance Corporation.

(2) Appointing of the Manager, Federal Crop Insurance Corporation.

(d) Related to foreign agriculture. (1) Approving export controls with respect to any agricultural commodity, including fats and oils or animal hides or skins as provided for in section 4(e) of the Export Administration Act of 1969, as amended (50 U.S.C. App. 2403).

(2) Advising the President that imports are having the effect on programs or operations of this Department required as a prerequisite for the imposition of import controls under Section 22 of the Agricultural Adjustment Act of 1933, as amended (7 U.S.C. 624a) and to recommend that the President cause an investigation to be made by the Tariff Commission of the facts so that a determination could be made whether import restrictions should be imposed under that Act.

(3) Determining and publishing the estimates required by the Meat Import Act, Pub. L. 88-482, which serve as a basis for the imposition of import restrictions on certain meats by the President.

(4) Determining the agricultural commodities and the quantities thereof available for disposition under titles I and II of Pub. L. 480 (7 U.S.C. 1731).

[38 FR 22955, Aug. 28, 1973, as amended at 39 FR 12982, Apr. 10, 1974; 40 FR 18752, Apr. 30, 1975; 43 FR 31310, July 21, 1978]

§ 2.23 Delegations of authority to the Assistant Secretary for Rural Development.

The following delegations of authority are made by the Secretary of Agriculture to the Assistant Secretary for Rural Development:

(a) Related to farmers home activities. (1) Administer the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.), except (i) with respect to loans for rural electrification and telephone facilities and service delegated to the Assistant Secretary for Rural Development in paragraph (c)(2) of this section; and (ii) the authority contained in section 342 of said act, 7 U.S.C. 1013a; and (iii), the authority under 7 U.S.C. 1926(a)(13), for assistance to eligible volunteer fire departments. This delegation includes the authority to collect, service, and liquidate loans made or insured by the Farmers Home Administration, or its predecessor agencies, the Farm Security Administration, the Emergency Crop and Feed Loans Offices of the Farm Credit Administration, the Resettlement Administration, and the Regional Agricultural Credit Corporations of Washington, D.C.

(2) Administer title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.), except those functions pertaining to research.

(3) Administer the Rural Rehabilitation Corporation Trust Liquidation Act (40 U.S.C. 440 et seq.), and under trust, liquidation, and other agreements entered into pursuant thereto.

(4) Administer section 8, and those functions with respect to repayment of obligations under section 4, of the

Watershed Protection and Flood Prevention Act (16 U.S.C. 1006a, 1004).

(5) Administer the resource conservation and development program to assist in carrying out resource conservation and development projects in rural areas under section 32(e) of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(e)).

(6) Administer loan programs in Appalachian region under sections 203 and 204 of the Appalachian Regional Development Act of 1965 (40 U.S.C., App. 204).

(7) Administer Farmers Home Administration assets conveyed in trust under the Participation Sales Act of 1966 (12 U.S.C. 1717).

(8) Administer the emergency loan and guarantee programs and the rural housing disaster program under sections 232, 234, and 253 of the Disaster Relief Act of 1970 (Pub. L. 91-606), the Disaster Relief Act of 1969 (Pub. L 91-79), Pub. L. 92-385 approved August 16, 1972, and the Emergency Livestock Credit Act of 1974 (Pub. L. 93-357).

(9) Administer loans to homestead or desertland entrymen and purchasers of land in reclamation projects or to an entryman under the desertland law (7 U.S.C. 1006a and 1006b).

(10) Administer loans to Indian tribes and tribal corporations (25 U.S.C. 488-492).

(11) Administer financial assistance programs under part A of title III and part D of title I and the necessarily related functions in title VI of the Economic Opportunity Act of 1964, as amended (42 U.S.C. 2763-2768, 28412855, 2942, 2943(b), 2961) delegated by the Director of the Office of Economic Opportunity to the Secretary of Agriculture by documents dated October 23, 1964 (29 FR 14764), and June 17, 1968 (33 FR 9850), respectively.

(12) Administer the Federal Claims Collection Act of 1966 and joint regulations issued pursuant thereto by the Attorney General and the Comptroller General with respect to claims of the Farmers Home Administration (31 U.S.C. 951.952; 4 CFR, ch. II). (13) Service, collect, settlement, and liquidation of:

« ÎnapoiContinuă »