TITLE 7 - AGRICULTURE

SUBTITLE A - OFFICE OF THE SECRETARY OF AGRICULTURE

PART 2 - DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE AND GENERAL OFFICERS OF THE DEPARTMENT

subpart c - DELEGATIONS OF AUTHORITY TO THE DEPUTY SECRETARY, THE UNDER SECRETARIES AND ASSISTANT SECRETARIES

2.17 - Under Secretary for Rural Development.

  (a) The following delegations of authority are made by the Secretary of Agriculture to the Under Secretary for Rural Economic and Community Development: (1) Provide leadership and coordination within the executive branch of a Nationwide Rural Development Program utilizing the services of executive branch departments and agencies and the agencies, bureaus, offices, and services of the Department of Agriculture in coordination with rural development programs of State and local governments (7 U.S.C. 2204).

  (2) Coordinate activities relative to rural development among agencies reporting to the Under Secretary for Rural Economic and Community Development and, through appropriate channels, serve as the coordinating official for other departmental agencies having primary responsibilities for specific titles of the Rural Development Act of 1972, and allied legislation.

  (3) Administer a national program of economic, social, and environmental research and analysis, statistical programs, and associated service work related to rural people and the communities in which they live including rural industrialization; rural population and manpower; local government finance; income development strategies; housing; social services and utilization; adjustments to changing economic and technical forces; and other related matters.

  (4) Work with Federal agencies in encouraging the creation of rural community development organizations.

  (5) Assist other Federal agencies in making rural community development organizations aware of the Federal programs available to them.

  (6) Advise rural community development organizations of the availability of Federal assistance programs.

  (7) Advise other Federal agencies of the need for particular Federal programs.

  (8) Assist rural community development organizations in making contact with Federal agencies whose assistance may be of benefit to them.

  (9) Assist other Federal agencies and national organizations in developing means for extending their services effectively to rural areas.

  (10) Assist other Federal agencies in designating pilot projects in rural areas.

  (11) Conduct studies to determine how programs of the Department can be brought to bear on the economic development problems of the country and assure that local groups are receiving adequate technical assistance from Federal agencies or from local and State governments in formulating development programs and in carrying out planned development activities.

  (12) Assist other Federal agencies in formulating manpower development and training policies.

  (13) Related to committee management. Establish and reestablish regional, state, and local advisory committees for activities under his or her authority. This authority may not be re-delegated.

  (14) Related to defense and emergency preparedness. Administer responsibilities and functions assigned under the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), and title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195 et seq.), concerning rural development credit and financial assistance.

  (15) Related to energy. (i) Provide Department-wide operational support and coordination for loan and grant programs to foster and encourage the production of fuels from agricultural and forestry products or by-products.

  (ii) Participate as a Department representative at conferences, meetings and other contacts including liaison with the Department of Energy and other government agencies and departments with respect to implementation of established Department energy policy.

  (iii) Serve as Co-Chairperson of the Energy Coordinating Committee of the Department.

  (16) Collect, service, and liquidate loans made, insured, or guaranteed by the Rural Utilities Service, the Rural Housing Service, the Rural Business-Cooperative Service, or their predecessor agencies.

  (17) Administer the Federal Claims Collection Act of 1966 (31 U.S.C. 3711 et seq.), and joint regulations issued pursuant thereto by the Attorney General and the Comptroller General (4 CFR chapter II), with respect to claims of the Rural Housing Service, the Rural Business-Cooperative Service and the Rural Utilities Service.

  (18) With respect to land and facilities under his or her authority, exercise the functions delegated to the Secretary by Executive Order 12580, 3 CFR, 1987 Comp., p. 193, under the following provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (the Act), as amended: (i) Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a), (b), and (c)(4)), with respect to removal and remedial actions in the event of release or threatened release of a hazardous substance, pollutant, or contaminant into the environment; (ii) Sections 104(e)(h) of the Act (42 U.S.C. 9604(e)(h)), with respect to information gathering and access requests and orders; compliance with Federal health and safety standards and wage and labor standards applicable to covered work; and emergency procurement powers; (iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with respect to the reduction of exposure to significant risk to human health; (iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to the acquisition of real property and interests in real property required to conduct a remedial action; (v) The first two sentences of section 105(d) of the Act (42 U.S.C. 9605(d)), with respect to petitions for preliminary assessment of a release or threatened release; (vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to consideration of the availability of qualified minority firms in awarding contracts, but excluding that portion of section 105(f) pertaining to the annual report to Congress; (vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the assessment of civil penalties for violations of section 122 of the Act (42 U.S.C. 9622), and the granting of awards to individuals providing information; (viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect to the designation of officials who may obligate money in the Hazardous Substances Superfund; (ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to establishing an administrative record upon which to base the selection of a response action and identifying and notifying potentially responsible parties; (x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to preliminary assessment and site inspection of facilities; (xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and (c)), with respect to public participation in the preparation of any plan for remedial action and explanation of variances from the final remedial action plan for any remedial action or enforcement action, including any settlement or consent decree entered into; (xii) Section 119 of the Act (42 U.S.C. 9119), with respect to indemnifying response action contractors; (xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to cleanup standards; and (xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to settlements, but excluding section 122(b)(1) of the Act (42 U.S.C. 9622(b)(1)), related to mixed funding agreements.

  (19) With respect to facilities and activities under his or her authority, to exercise the authority of the Secretary of Agriculture pursuant to section 1102 related to compliance with applicable pollution control standards and section 1601 of Executive Order 12088, 3 CFR, 1978 Comp., p. 243, to enter into an inter-agency agreement with the United States Environmental Protection Agency, or an administrative consent order or a consent judgment in an appropriate State, interstate, or local agency, containing a plan and schedule to achieve and maintain compliance with applicable pollution control standards established pursuant to the following: (i) Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as further amended by the Hazardous and Solid Waste Amendments, and the Federal Facility Compliance Act (42 U.S.C. 6901 et seq.); (ii) Federal Water Pollution Prevention and Control Act, as amended (33 U.S.C. 1251 et seq.); (iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.); (iv) Clean Air Act, as amended (42 U.S.C. 7401 et seq.); (v) Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq.); (vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601 et seq.); (vii) Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. 136 et seq.); and (viii) Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.).

  (20) Related to rural utilities service. (i) Administer the Rural Electrification Act of 1936, as amended (7 U.S.C. 901 et seq.) except for rural economic development loan and grant programs; (7 U.S.C. 940c and 950aa et seq.): Provided, however, that the Under Secretary may utilize consultants and attorneys for the provision of legal services pursuant to 7 U.S.C. 918, with the concurrence of the General Counsel.

  (ii) Administer the Rural Electrification Act of 1938 (7 U.S.C. 903 note).

  (iii) Designate the chief executive officer of the Rural Telephone Bank.

  (iv) Administer the following sections of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921, et seq.): (A) Section 306 (7 U.S.C. 1926), related to water and waste facilities.

  (B) Section 306A (7 U.S.C. 1926a).

  (C) Section 306B (7 U.S.C. 1926b).

  (D) Section 306C (7 U.S.C. 1926c).

  (E) Section 306D (7 U.S.C. 1926d).

  (F) Section 306E (7 U.S.C. 1926e).

  (G) Section 309 (7 U.S.C. 1929) and 309A (7 U.S.C. 1929a), relating to assets and programs related to watershed facilities, resource and conservation facilities, and water and waste facilities.

  (H) Section 310A (7 U.S.C. 1931), relating to watershed and resource conservation and development (I) Section 310B(b) (7 U.S.C. 1932(b)).

  (J) Section 310B(i) (7 U.S.C. 1932(i)), relating to loans for business telecommunications partnerships.

  (K) Administrative Provisions of subtitle D of the consolidated Farm and Rural Development act relating to rural utility activities.

  (L) Section 379B (7 U.S.C. 2008p).

  (v) 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) and 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)).

  (vi) Administer the Water and Waste Loan Program (7 U.S.C. 19261).

  (vii) Administer the Rural Wastewater Treatment Circuit Rider Program (7 U.S.C. 1926 note).

  (viii) Administer the Distance Learning and Medical Link Programs (7 U.S.C. 950aaa et seq.).

  (ix) Administer Water and Waste Facility Programs and activities (7 U.S.C. 19261).

  (x) Administer the SEARCH Grants for Small Communities Program (7 U.S.C. 2009ee et seq.) (21) Related to rural business-cooperative. (i) Administer the Rural Economic Development Loan and Grant Programs under the Rural Electrification Act (7 U.S.C. 940c and 950aa et seq.).

  (ii) Administer the following sections of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.): (A) Section 306(a)(110(A) (7 U.S.C. 1926(a)(11)(A)), relating to grants for business technical assistance and planning.

  (B) Section 304(b) (7 U.S.C. 1924(b)), relating to small business enterprises.

  (C) Sections 309 (7 U.S.C. 1929) and 309A (7 U.S.C. 1929a), relating to assets and programs related to rural development.

  (D) Section 310B (7 U.S.C. 1932), relating to rural industrialization assistance, rural business enterprises grants and rural technology and cooperative development grants.

  (E) Section 312(b) (7 U.S.C. 1942(b)), relating to small business enterprises.

  (F) Administrative Provisions of subtitle D of the Consolidated Farm and Rural Development Act relating to rural business-cooperative activities.

  (G) Section 378 (7 U.S.C. 2008m) relating to the National Rural Development Partnership; (H) Section 384A et seq. (7 U.S.C. 2009cc et seq.) relating to the Rural Business Investment Program; (I) Section 385A et seq. (7 U.S.C. 2009dd et seq.) relating to Rural Strategic Investment Program.

  (iii) Administer Alcohol Fuels Credit Guarantee Program Account (Pub. L.

102341, 106 Stat. 895).

  (iv) Administer section 1323 of the Food Security Act of 1985 (7 U.S.C. 1932 note).

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

  (vi) Administer section 601 of the Powerplant and Industrial Fuel Use Act of 1978 (Pub. L. 95620).

  (vii) Administer the Drought and Disaster Guaranteed Loan Program under section 331 of the Disaster Assistance Act of 1988 (7 U.S.C. 1929a note).

  (viii) Administer the Disaster Assistance for Rural Business Enterprises Guaranteed Loan Program under section 401 of the Disaster Assistance Act of 1989 (7 U.S.C. 1929a note).

  (ix) Administer the Rural Economic Development Demonstration Grant Program (7 U.S.C. 2662a).

  (x) Administer the Economically Disadvantaged Rural Community Loan Program (7 U.S.C. 6616).

  (xi) Administer the assets of the Alternative Agricultural Research and Commercialization Corporation and the funds in the Alternative Agricultural Research and Commercialization Fund in accordance with section 6201 of the Farm Security and Rural Investment Act of 2000 (note to 7 U.S.C. 5901 (repealed)).

  (xii) Administer programs authorized by the Cooperative Marketing Act of 1926 (7 U.S.C. 451457).

  (xiii) Carry out the responsibilities of the Secretary of Agriculture relating to the marketing aspects of cooperatives, including economic research and analysis, the application of economic research findings, technical assistance to existing and developing cooperatives, education on cooperatives, and statistical information pertaining to cooperatives as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 16211627).

  (xiv) Work with institutions and international organizations throughout the world on subjects related to the development and operation of agricultural cooperatives. Such work may be carried out by: (A) Exchanging materials and results with such institutions or organizations; (B) Engaging in joint or coordinated activities; or (C) Stationing representatives at such institutions or organizations in foreign countries (7 U.S.C. 3291).

  (xv) Administer in rural areas the process of designation, provision of monitoring and oversight, and provision of technical assistance for Empowerment Zones and Enterprise Communities pursuant to section 13301 of Public Law 10366, Omnibus Budget Reconciliation Act of 1993 (26 U.S.C. 1391 et seq.) (xvi) Work with Federal agencies in encouraging the creation of local rural community development organizations. Within a State, assist other Federal agencies in developing means for extending their services effectively to rural areas and in designating pilot projects in rural areas (7 U.S.C. 2204).

  (xvii) Conduct assessments to determine how programs of the Department can be brought to bear on the economic development problems of a State or local area and assure that local groups are receiving adequate and effective technical assistance from Federal agencies or from local and State governments in formulating development programs and in carrying out planned development activities (7 U.S.C. 2204b).

(xviii) Develop a process through which State, sub-state and local rural development needs, goals, objectives, plans, and recommendations can be received and assessed on a continuing basis (7 U.S.C. 2204b).

  (xix) Prepare local or area-wide rural development strategies based on the needs, goals, objectives, plans and recommendations of local communities, sub-state areas and States (7 U.S.C. 2204b).

  (xx) Develop a system of outreach in the State or local area to promote rural development and provide for the publication and dissemination of information, through multi-media methods, relating to rural development.

Advise local rural development organizations of availability of Federal programs and the type of assistance available, and assist in making contact with Federal program (7 U.S.C. 2204; 7 U.S.C. 2204b).

  (xxi) Administer the Value-Added Agricultural Product Market Development Grant program (note to 7 U.S.C. 1621).

  (xxii) Administer the Agriculture Innovation Center Demonstration program (note to 7 U.S.C. 1621).

(xxiii) Administer the Renewable Energy System and Energy Efficiency Improvements program (7 U.S.C. 8106).

  (22) Related to rural housing. (i) Administer the following under the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1921 et seq.): (A) Section 306 (7 U.S.C. 1926), except with respect to financing for water and waste disposal facilities; or loans for rural electrification or telephone systems or facilities other than hydroelectric generating and related distribution systems and supplemental and supporting structures if they are eligible for Rural Utilities Service financing; and financing for grazing facilities and irrigation and drainage facilities; and subsection 306(a)(11).

  (B) Section 309A (7 U.S.C. 1929a), regarding assets and programs relating to community facilities.

  (C) Administrative Provisions of subtitle D of the Consolidated Farm and Rural Development Act relating to rural housing activities.

  (D) Section 379 (7 U.S.C. 2008n) relating to the Rural Telework program; (E) Section 379A (7 U.S.C. 2008o) relating to the Historic Barn Preservation program; and (F) Section 379C (7 U.S.C. 2008q) relating to the Farm Workers Training Grant program.

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

  (iii) Make grants, administer a grant program, and determine the types of assistance to be provided to aid low-income migrant and seasonal farmworkers (42 U.S.C. 5177a).

  (iv) Administer the Rural Housing Disaster Program under sections 232, 234, and 253 of the Disaster Relief Act of 1970 (Pub. L. No. 91606).

  (v) Exercise all authority and discretion vested in the Secretary by section 510(d) of the Housing Act of 1949, as amended by section 1045 of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988, Pub.

L. 100628 (42 U.S.C. 1480(d)), including the following: (A) Determine, with the concurrence of the General Counsel, which actions are to be referred to the Department of Justice for the conduct of litigation, and refer such actions to the Department of Justice through the General Counsel; (B) Determine, with the concurrence of the General Counsel, which actions are to be referred to the General Counsel for the conduct of litigation and refer such actions; and (C) Enter into contracts with private sector attorneys for the conduct of litigation, with the concurrence of the General Counsel, after determining that the attorneys will provide competent and cost effective representation for the Rural Housing Service and representation by the attorney will either accelerate the process by which a family or person eligible for assistance under section 502 of the Housing Act of 1949 will be able to purchase and occupy the housing involved, or preserve the quality of the housing involved.

  (vi) Administer the Rural Firefighters and Emergency Personnel Grant program (7 U.S.C. 2655).

  (23) Related to hazardous materials management. (i) Serve on the USDA Hazardous Materials Policy Council.

  (ii) Recommend actions and policies that enable USDA agencies under his or her authority to comply with the intent, purposes, and standards of environmental laws for pollution prevention, control, and abatement.

  (iii) Consult with the United States Environmental Protection Agency and other appropriate Federal agencies in developing pollution prevention, control, and abatement policies and programs relating to agencies under his or her authority.

  (iv) Recommend actions and policies of the loan and grant programs under his or her authority concerning compliance with the Asset Conservation, Lender Liability, and Deposit Insurance Protection Act of 1996, Subtitle E of Public Law No. 104208.

  (24) Administer the Biorefinery Development Grant program (7 U.S.C. 8103).

  (25) Administer the Energy Audit and Renewable Energy Development program (7 U.S.C. 8105).

  (26) Related cooperative agreements. Enter into cooperative agreements with other Federal agencies, State and local governments, and any other organizations or individuals to improve the coordination and effectiveness of Federal programs, services, and actions affecting rural areas, including the establishment and financing of interagency groups, as long as the objectives of the agreement will serve the mutual interest of the parties in rural development activities (7 U.S.C. 2204b(b)(4)).

  (b) The following authority is reserved to the Secretary of Agriculture: (1) Related to rural business-cooperative. Submission to the Congress of the report required pursuant to section 1469 of Pub. L. No. 101624.

  (2) [Reserved] [60 FR 56393, Nov. 8, 1995, as amended at 65 FR 12427, Mar. 9, 2000; 66 FR 31107, June 11, 2001; 68 FR 27436, May 20, 2003]