[Federal Register Volume 88, Number 196 (Thursday, October 12, 2023)]
[Rules and Regulations]
[Pages 70579-70580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22524]


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DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 2

RIN 0503-AA78


Delegations of Authority

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

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SUMMARY: This document revises the delegations of authority from the 
Secretary of Agriculture and general officers of the U.S. Department of 
Agriculture (USDA) to reflect changes and additions to the delegations 
as summarized below.

DATES: Effective October 12, 2023.

FOR FURTHER INFORMATION CONTACT: Melissa McClellan, Office of the 
General Counsel, (202) 720-5565, <a href="/cdn-cgi/l/email-protection#eb868e878298988ac5868888878e87878a85ab9e988f8ac58c849d"><span class="__cf_email__" data-cfemail="9af7fff6f3e9e9fbb4f7f9f9f6fff6f6fbf4daefe9fefbb4fdf5ec">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Overview of Changes

    This rule amends the delegations of authority in 7 CFR part 2 to 
reflect changes to the organizational structure of the Office of 
Partnerships and Public Engagement (OPPE). This includes removing the 
delegations of authority by the Director, OPPE to the Director, Office 
of Advocacy and Outreach (OAO) at section 2.700, as OAO is no longer a 
separate entity within OPPE. In addition, this rule reflects the 
transfer of oversight of the 1994 Tribal Scholars Program from the 
Director of OPPE (section 2.38) to the Director of the Office of Tribal 
Relations (section 2.39) and the transfer of oversight of the Centers 
for Faith Based and Neighborhood Partnerships from the Director of OPPE 
to the Assistant Secretary for Congressional Relations (section 2.23).
    This rule also amends the delegations of authority to reflect the 
transfer of responsibility for USDA's Controlled Unclassified 
Information Program from the Assistant Secretary for Administration 
(section 2.24) and the Executive Director of the Office of Homeland 
Security (section 2.95) to the Chief Information Officer (section 
2.32). See Secretary's Memorandum 1077-006 (Nov. 2, 2022), available at 
https://www.usda.gov/directives/sm-1077-006.
    Finally, this rule amends the delegations to the Under Secretary 
for Natural Resources and Environment (section 2.16) and the Chief of 
the Forest Service (section 2.60) to authorize the Forest Service's Law 
Enforcement and Investigations staff to enforce and investigate 
violations of the Lacey Act, 16 U.S.C. 3371-3378, involving timber and 
timber products. These delegations do not affect the existing 
delegations of authority under the Lacey Act to the Under Secretary for 
Marketing and Regulatory Programs and the Administrator of the Animal 
and Plant Health Inspection Service.

Classification

    This rule relates to internal agency management. Accordingly, 
pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity 
for comment are not required, and this rule may be made effective less 
than 30 days after publication in the Federal Register. This rule also 
is exempt from the provisions of Executive Orders 12866 and 13771. This 
action is not a rule as defined by the Regulatory Flexibility Act, as 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996, 5 U.S.C. 601 et seq., or the Congressional Review Act, 5 U.S.C. 
801 et seq., and thus is exempt from the provisions of those acts. This 
rule contains no information collection or recordkeeping requirements 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 7 CFR Part 2

    Authority delegations (Government agencies).

    Accordingly, as discussed in the preamble, 7 CFR part 2 is amended 
as follows:

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

0
1. The authority citation for part 2 continues to read as follows:

    Authority: 7 U.S.C. 6912(a)(1); 5 U.S.C. 301; Reorganization 
Plan No. 2 of 1953, 3 CFR 1949-1953 Comp., p. 1024.

Subpart C--Delegations of Authority to the Deputy Secretary, Under 
Secretaries, and Assistant Secretaries

0
2. Amend Sec.  2.20 by adding paragraph (a)(2)(xliii) to read as 
follows:


Sec.  2.20  Under Secretary for Natural Resources and Environment.

    (a) * * *
    (2) * * *
    (xliii) Enforce and conduct investigations of violations of the 
Lacey Act, which prohibits importing or exporting any plant or plant 
product in interstate or foreign commerce in violation of any Federal, 
State, Tribal, or foreign law regulating plants or plant products (16 
U.S.C. 3371-3378).
* * * * *

0
3. Amend Sec.  2.23 by adding paragraph (a)(2)(v) to read as follows:


Sec.  2.23  Assistant Secretary for Congressional Relations.

    (a) * * *
    (2) * * *
    (v) Oversee the Center for Faith Based and Neighborhood 
Partnerships.
* * * * *


Sec.  2.24  [Amended]

0
4. Amend Sec.  2.24 by removing and reserving paragraph (a)(8)(xi).

[[Page 70580]]

Subpart D--Delegations of Authority to Other General Officers and 
Agency Heads

0
5. Amend Sec.  2.32 by adding paragraph (a)(14) to read as follows:


Sec.  2.32  Chief Information Officer.

    (a) * * *
    (14) Administer the Controlled Unclassified Information (CUI) 
Program for the Department pursuant to E.O. 13556, ``Controlled 
Unclassified Information'' (75 FR 68675, 3 CFR, 2011 Comp., p. 267) and 
32 CFR part 2002.
* * * * *


Sec.  2.38  [Amended]

0
6. Amend Sec.  2.38 by removing and reserving paragraphs (a)(1)(xii) 
and (a)(4).

0
7. Amend Sec.  2.39 by adding paragraph (a)(9) to read as follows:


Sec.  2.39  Director, Office of Tribal Relations.

    (a) * * *
    (9) Administer the USDA/1994 Land Grant Institutions (Tribal 
Colleges) Programs.
* * * * *

Subpart J--Delegations of Authority by the Under Secretary for 
Natural Resources and Environment

0
8. Amend Sec.  2.60 by adding paragraph (a)(45) to read as follows:


Sec.  2.60  Chief, Forest Service.

    (a) * * *
    (45) Enforce and conduct investigations of violations of the Lacey 
Act, which prohibits importing or exporting any plant or plant product 
in interstate or foreign commerce in violation of any federal, state, 
Tribal, or foreign law regulating plants or plant products (16 U.S.C. 
3371-3378).
* * * * *

Subpart P--Delegations of Authority by the Assistant Secretary for 
Administration


Sec.  2.95  [Amended]

0
9. Amend Sec.  2.95 by removing and reserving paragraph (b)(11).

Subpart V--Delegations of Authority by the Director, Office of 
Partnerships and Public Engagement


Sec.  2.700  [Removed and Reserved]

0
10. Remove and reserve Sec.  2.700.
    The Secretary of Agriculture, Thomas J. Vilsack, having reviewed 
and approved this document, is delegating the authority to 
electronically sign this document to Mary Beth Schultz, Acting General 
Counsel, for purposes of publication in the Federal Register.

Mary Beth Schultz,
Acting General Counsel.
[FR Doc. 2023-22524 Filed 10-11-23; 8:45 am]
BILLING CODE 3410-90-P


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