-CITE-
    7 USC CHAPTER 85 - ADMINISTRATION OF ENVIRONMENTAL
           PROGRAMS                                        01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 85 - ADMINISTRATION OF ENVIRONMENTAL PROGRAMS

-HEAD-
           CHAPTER 85 - ADMINISTRATION OF ENVIRONMENTAL PROGRAMS       

-MISC1-
    Sec.                                                     
    5401.       Establishment of Agricultural Council on Environmental
                 Quality.                                             
    5402.       Office of Agricultural Environmental Quality.         
    5403.       Environmental Quality Policy Statement.               
    5404.       Good Neighbor Environmental Board.                    
    5405.       Agricultural air quality research oversight.          

-End-

-CITE-
    7 USC Sec. 5401                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 85 - ADMINISTRATION OF ENVIRONMENTAL PROGRAMS

-HEAD-
    Sec. 5401. Establishment of Agricultural Council on Environmental
      Quality

-STATUTE-
    (a) Establishment
      The Secretary shall establish an Agricultural Council on
    Environmental Quality in the Department of Agriculture (hereafter
    in this chapter referred to as the "Council"). The Council shall be
    under the direct authority of the Secretary, and shall be
    responsible for carrying out the provisions of this chapter, and
    for coordination and direction of all environmental policies and
    programs of the Department.
    (b) Membership
      Membership of the Council shall consist of the Secretary, the
    Deputy Secretary, the Assistant Secretary for Natural Resources and
    Environment, the Assistant Secretary for Science and Education,
    other under and assistant secretaries as may be designated by the
    Secretary, and the Director of the Office of Agricultural
    Environmental Quality, established in section 5402 of this title,
    who shall serve as the Executive Director of the Council. The
    Secretary shall designate a member of the Council, other than the
    Executive Director, as chair of the Council.

-SOURCE-
    (Pub. L. 101-624, title XIV, Sec. 1471, Nov. 28, 1990, 104 Stat.
    3619.)

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-CITE-
    7 USC Sec. 5402                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 85 - ADMINISTRATION OF ENVIRONMENTAL PROGRAMS

-HEAD-
    Sec. 5402. Office of Agricultural Environmental Quality

-STATUTE-
    (a) Establishment
      The Secretary shall establish an Office of Agricultural
    Environmental Quality in the Department of Agriculture (hereafter
    in this chapter referred to as the "Office").
    (b) Director
      The Office shall be administered by a director who shall be
    appointed by the Secretary. The Director shall be an individual who
    has demonstrated technical expertise and experience in agricultural
    and environmental matters.
    (c) Staff
      (1) Appointments
        The Director may appoint such employees as may be necessary to
      assist the Director in carrying out this section. Such employees
      shall include individuals who have professional expertise in
      matters related to environmental quality, including (but not
      limited to) agricultural production, water quality, wetland,
      wildlife conservation, soil conservation, and agricultural
      chemical usage.
      (2) Liaisons
        The Administrator of the Environmental Protection Agency and
      the Secretary of the Interior shall detail to the Office upon
      request of the Secretary, on a reimbursable basis, at least one
      employee, respectively, with expertise in matters related to
      agriculture and environmental quality. Such detailed employees
      shall serve as a liaison for their respective agencies with the
      Department of Agriculture to assist the Director in carrying out
      the provisions of this section. The term of the detail shall not
      exceed 3 years.
      (3) Additional staff
        Upon request of the Secretary, the head of any Federal agency
      is authorized to detail, on a reimbursable basis, employees of
      such agency to the Office to assist the Director.
    (d) Duties of Director
      (1) In general
        The Director shall assist the Council in developing a
      departmental and agency-specific environmental quality policy
      statement and implementation plan and an annual agricultural
      environmental quality report, as specified in section 5403 of
      this title. The Director shall coordinate and monitor the
      activities of the Department regarding initiatives and programs
      related to environmental quality and the interpretation of
      departmental policies affecting environmental quality. The
      Director shall serve as a member of the Council and as its
      Executive Director.
      (2) Additional duties
        The Director shall also be responsible for - 
          (A) recommending to the Council environmental protection
        goals and specific programs, initiatives, and policies that
        will balance the needs of production agriculture with
        environmental concerns;
          (B) providing advice to the Council on the development,
        implementation, and review of activities of agencies of the
        Department to ensure consistency with the Department's
        environmental protection goals;
          (C) coordinating environmental policy within the Department
        through the program managers, and between the Department and
        other Federal agencies, regional authorities, State and local
        governments, land-grant and other colleges and universities,
        and nonprofit and commercial organizations, regarding programs
        and actions relating to environmental quality;
          (D) serving as a coordinator for the Department's data,
        information, programs, and initiatives dealing with
        environmental quality;
          (E) developing the plans and reports required as specified by
        this chapter; and
          (F) providing such staff as may be necessary to support the
        activities of the Council.

-SOURCE-
    (Pub. L. 101-624, title XIV, Sec. 1472, Nov. 28, 1990, 104 Stat.
    3619.)

-End-

-CITE-
    7 USC Sec. 5403                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 85 - ADMINISTRATION OF ENVIRONMENTAL PROGRAMS

-HEAD-
    Sec. 5403. Environmental Quality Policy Statement

-STATUTE-
    (a) Environmental Quality Policy Statement, implementation plan,
      and annual report
      (1) Policy statement
        The Council shall develop an Environmental Quality Policy
      Statement that identifies goals and objectives for addressing the
      effects of agriculture on environmental quality. The policy
      statement shall be based upon an assessment, in accordance with
      paragraph (2), of the current status and level of effort, in
      terms of staff and funding, of programs at the Department of
      Agriculture to evaluate, prevent, and mitigate environmental
      problems that may result from agricultural production. The policy
      statement shall be revised at least every 5 years.
      (2) Assessment
        The assessment under paragraph (1) shall include:
          (A) Detailed descriptions of the roles of the involved
        Departmental agencies.
          (B) A description of current efforts to coordinate the
        individual activities of each of the involved departmental
        agencies.
          (C) Recommendations for precluding any undesirable
        duplication of efforts within the Department and among the
        Department and other Federal and State programs.
          (D) Specific recommendations for new initiatives in
        monitoring, research, extension, and technical assistance
        efforts to address present and potential environmental quality
        problems.

      The assessment may incorporate existing documents and planning
      processes within the Department.
    (b) Implementation plan
      The Director, subject to the approval of the Council, shall
    prepare a plan to implement the Environmental Quality Policy
    Statement. The plan shall include an assessment of the activities
    of each departmental agency to mitigate or reduce any negative
    effects on environmental quality of agricultural policies,
    programs, and practices under their respective jurisdictions and
    shall describe in detail new departmental and agency-specific
    initiatives intended to achieve the goals and objectives of the
    policy statement. The plan shall be revised at least every 5 years.
    (c) Annual environmental quality report
      Not later than January 31, 1992, and annually thereafter, the
    Council, through the Director, shall prepare and submit an annual
    report to the Congress, other appropriate Federal and State
    agencies, and the public on the progress being made toward the
    goals and objectives established in the Environmental Quality
    Policy Statement. The report shall also include - 
        (1) a review of the environmental activities and initiatives of
      the Department during the preceding year;
        (2) specific action taken to coordinate the environmental
      programs of the Department with programs of other Federal
      agencies and related State programs; and
        (3) such recommendations as the Secretary considers appropriate
      regarding current or additional environmental protection
      programs, initiatives, or policies that will balance the needs of
      production agriculture while addressing environmental concerns.
    (d) Authorization of appropriations
      There are hereby authorized to be appropriated annually not to
    exceed $2,000,000 to carry out this chapter.

-SOURCE-
    (Pub. L. 101-624, title XIV, Sec. 1473, Nov. 28, 1990, 104 Stat.
    3620; Pub. L. 102-237, title II, Sec. 201(d), Dec. 13, 1991, 105
    Stat. 1847.)

-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (a)(1). Pub. L. 102-237, Sec. 201(d)(1),
    substituted "paragraph (2)" for "subparagraph (B)".
      Subsec. (a)(2). Pub. L. 102-237, Sec. 201(d)(2), substituted
    "paragraph (1)" for "subparagraph (A)" in introductory provisions.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-237 effective as if included in the
    provision of the Food, Agriculture, Conservation, and Trade Act of
    1990, Pub. L. 101-624, to which the amendment relates, see section
    1101(b)(1) of Pub. L. 102-237, set out as a note under section 1421
    of this title.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (c) of this section relating to submittal of annual report to
    Congress, see section 3003 of Pub. L. 104-66, as amended, set out
    as a note under section 1113 of Title 31, Money and Finance, and
    page 49 of House Document No. 103-7.

-End-

-CITE-
    7 USC Sec. 5404                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 85 - ADMINISTRATION OF ENVIRONMENTAL PROGRAMS

-HEAD-
    Sec. 5404. Good Neighbor Environmental Board

-STATUTE-
    (a) Establishment
      The President shall establish an advisory board to be known as
    the Good Neighbor Environmental Board (hereinafter in this section
    referred to as the "Board").
    (b) Purpose
      The purpose of the Board shall be to advise the President and the
    Congress on the need for implementation of environmental and
    infrastructure projects (including projects that affect
    agriculture, rural development, and human nutrition) within the
    States of the United States contiguous to Mexico in order to
    improve the quality of life of persons residing on the United
    States side of the border.
    (c) Membership
      The Board shall be composed of - 
        (1) representatives from the United States Government,
      including a representative from the Department of Agriculture and
      representatives from other appropriate agencies;
        (2) representatives from the governments of the States of
      Arizona, California, New Mexico, and Texas; and
        (3) representatives from private organizations, including
      community development, academic, health, environmental, and other
      nongovernmental entities with experience and expertise on
      environmental and infrastructure problems along the southwest
      border.
    (d) Annual reports to President and Congress
      (1) In general
        The Board shall submit to the President and the Congress of the
      United States an annual report on - 
          (A) the environmental and infrastructure projects referred to
        in subsection (a) of this section that have been implemented,
        and
          (B) the need for the implementation of additional
        environmental and infrastructure projects.
      (2) Transmission of copies to Board members
        The Board shall - 
          (A) transmit to each member of the Board a copy of any report
        to be submitted pursuant to paragraph (1) at least 14 days
        before its submission, and
          (B) allow each member of the Board to have 14 days within
        which to prepare and submit supplemental views with respect to
        the recommendations of the Board for inclusion in such report.

-SOURCE-
    (Pub. L. 102-532, Sec. 6, Oct. 27, 1992, 106 Stat. 3513.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Enterprise for the Americas
    Initiative Act of 1992, and not as part of subtitle F (Sec. 1471 et
    seq.) of title XIV of Pub. L. 101-624 which comprises this chapter.

-TRANS-
                          DELEGATION OF AUTHORITY                      
      Authority of President under this section delegated to
    Administrator of Environmental Protection Agency by section 10 of
    Ex. Ord. No. 12916, May 13, 1994, 59 F.R. 25780, set out as a note
    under section 3473 of Title 19, Customs Duties.

-MISC1-
                      TERMINATION OF ADVISORY BOARDS                  
      Advisory boards established after Jan. 5, 1973, to terminate not
    later than the expiration of the 2-year period beginning on the
    date of their establishment, unless, in the case of a board
    established by the President or an officer of the Federal
    Government, such board is renewed by appropriate action prior to
    the expiration of such 2-year period, or in the case of a board
    established by Congress, its duration is otherwise provided by law.
    See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat.
    770, 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-

-CITE-
    7 USC Sec. 5405                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 85 - ADMINISTRATION OF ENVIRONMENTAL PROGRAMS

-HEAD-
    Sec. 5405. Agricultural air quality research oversight

-STATUTE-
    (a) Findings
      Congress finds that - 
        (1) various studies have alleged that agriculture is a source
      of PM-10 emissions;
        (2) many of these studies have often been based on erroneous
      data;
        (3) Federal research activities are currently being conducted
      by the Department of Agriculture to determine the true extent to
      which agricultural activities contribute to air pollution and to
      determine cost-effective ways in which the agricultural industry
      can reduce any pollution that exists; and
        (4) any Federal policy recommendations that may be issued by
      any Federal agency to address air pollution problems related to
      agriculture or any other industrial activity should be based on
      sound scientific findings that are subject to adequate peer
      review and should take into account economic feasibility.
    (b) Purpose
      The purpose of this section is to encourage the Secretary of
    Agriculture to continue to strengthen vital research efforts
    related to agricultural air quality.
    (c) Oversight coordination
      (1) Intergovernmental cooperation
        The Secretary shall, to the maximum extent practicable with
      respect to the Department of Agriculture and other Federal
      departments and agencies, ensure intergovernmental cooperation in
      research activities related to agricultural air quality and avoid
      duplication of the activities.
      (2) Correct data
        The Secretary shall, to the maximum extent practicable, ensure
      that the results of any research related to agricultural air
      quality conducted by Federal agencies not report erroneous data
      with respect to agricultural air quality.
    (d) Task force
      (1) Establishment
        The Chief of the National Resources Conservation Service shall
      establish a task force to address agricultural air quality
      issues.
      (2) Composition
        The task force shall be comprised of employees of the
      Department of Agriculture, industry representatives, and other
      experts in the fields of agriculture and air quality.
      (3) Duties
        The task force shall advise the Secretary with respect to the
      role of the Secretary for providing oversight and coordination
      related to agricultural air quality.

-SOURCE-
    (Pub. L. 104-127, title III, Sec. 391, Apr. 4, 1996, 110 Stat.
    1025.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Federal Agriculture
    Improvement and Reform Act of 1996, and not as part of subtitle F
    (Sec. 1471 et seq.) of title XIV of Pub. L. 101-624 which comprises
    this chapter.

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