[Federal Register Volume 89, Number 191 (Wednesday, October 2, 2024)]
[Rules and Regulations]
[Pages 80073-80075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22571]


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DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 2

RIN 0503-AA81


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 2, 2024.

FOR FURTHER INFORMATION CONTACT: Melissa McClellan, Office of the 
General Counsel, (202) 720-5565, <a href="/cdn-cgi/l/email-protection#fb969e979288889ad5969898979e97979a95bb8e889f9ad59c948d"><span class="__cf_email__" data-cfemail="97faf2fbfee4e4f6b9faf4f4fbf2fbfbf6f9d7e2e4f3f6b9f0f8e1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Overview of Changes

    This rule amends 7 CFR part 2 to reflect updates to the delegations 
of authority by the Secretary to the Under Secretary for Farm 
Production and Conservation (FPAC) and the FPAC mission area agencies, 
the General Counsel, and the Director of the Office of Tribal Relations 
(OTR) for the purposes described below. The rule also corrects an error 
in a delegation by the Under Secretary for Natural Resources and the 
Environment (NRE) to the Chief of the Forest Service.
    First, this rule amends the delegation of authority by the 
Secretary to the Under Secretary for FPAC at Sec.  2.16 under section 
607(b)(4) of the Rural

[[Page 80074]]

Development Act of 1972 (7 U.S.C. 2204b(b)(4)). This statute authorizes 
the Secretary to ``enter into cooperative agreements with other Federal 
agencies, State and local governments, and any other organization or 
individual to improve the coordination and effectiveness of Federal 
programs, services, and actions affecting rural areas'' if the 
objectives of the agreement ``will serve the mutual interest of the 
parties in rural development activities.'' Under the existing 
delegation for this cooperative agreement authority to the Under 
Secretary for FPAC at Sec.  2.16(a)(1)(xxviii), further delegated to 
the Administrator, Farm Service Agency (FSA) at Sec.  2.42(a)(50), the 
delegation covers only the following actions: (i) administration of 
cooperative agreements with respect to conservation programs and (ii) 
administration of cooperative agreements with Federal agencies, State, 
local, and tribal governments, nongovernmental organizations, and 
educational institutions related to outreach and technical assistance 
for programs carried out by FSA. This rule expands the delegation so 
that it is no longer limited to agreements related to conservation 
programs and the outreach and technical assistance activities of FSA. 
The expanded delegation permits the Under Secretary for FPAC to enter 
into cooperative agreements to improve the efficiency and effectiveness 
of Federal programs that affect rural areas under the entire FPAC 
Mission Area, subject to the terms of 7 U.S.C. 2204b(b)(4). See 
Secretary's Memorandum 1077-011 (March 13, 2024), available at https://www.usda.gov/directives/sm-1077-011. This rule implements the expanded 
delegation of authority by removing the existing delegation at Sec.  
2.16(a)(1)(xxviii) and adding a new delegation at Sec.  2.16(a)(13). 
This change does not impact the scope of the existing delegation of 
authority by the Under Secretary for FPAC to the Administrator of FSA 
at Sec.  2.42(a)(50) to administer cooperative agreements under 7 
U.S.C. 2204b(b)(4).
    Next, this rule revises the delegations to the General Counsel at 
Sec.  2.31 to reflect a new delegation of the Secretary's authority to 
enter into cooperative agreements under 7 U.S.C. 2204b(b)(4). This 
delegation allows the Office of the General Counsel to enter into 
cooperative agreements with nongovernmental organizations and 
educational institutions related to public interest and agricultural 
law for the purpose of carrying out agricultural and public service 
programs, sponsorships, convenings, and trainings. See Secretary's 
Memorandum 1077-009 (Sept. 26, 2023), available at https://www.usda.gov/directives/sm-1077-009.
    The rule also revises the delegations by the Secretary to the 
Director, OTR at Sec.  2.39 to reflect a new delegation of the 
Secretary's authority under section 922 of the Federal Agriculture 
Improvement and Reform Act, as amended (7 U.S.C. 2279c), to enter into 
cooperative agreements with associations of institutions of higher 
education for the purpose of participation in internship programs for 
graduate and undergraduate students in support of the 1994 Tribal 
College Program, and to carry out the related authorities and 
responsibilities outlined in the statute. See Secretary's Memorandum 
1077-008 (Sept. 22, 2023), available at https://www.usda.gov/directives/sm-1077-008.
    In addition, this rule makes permanent the Under Secretary for 
FPAC's delegations within the FPAC mission area under the ``Service 
First'' initiative authority, initially delegated in an Under 
Secretary's Memorandum issued March 21, 2024. Through the Under 
Secretary for FPAC, the Secretary delegates to the Chief Operating 
Officer, FPAC Business Center (Sec.  2.41), the Administrator, FSA 
(Sec.  2.42), the Chief, Natural Resources and Conservation Service 
(Sec.  2.43), and the Administrator, Risk Management Agency (Sec.  
2.44) the authority under 43 U.S.C. 1703 to establish programs with the 
U.S. Department of Interior (DOI) or with other agencies within USDA 
for the purpose of promoting customer service and efficiency, including 
delegating to employees of DOI and other USDA agencies their respective 
authorities to carry out projects on behalf of USDA.
    Finally, this rule corrects an error in a statutory citation in the 
delegations by the Under Secretary for NRE to the Chief of the Forest 
Service at Sec.  2.60(a)(58).

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.  2.16 by removing and reserving paragraph (a)(1)(xxviii) 
and adding paragraph (a)(13) to read as follows:


Sec.  2.16  Under Secretary for Farm Production and Conservation.

    (a) * * *
    (13) Enter into cooperative agreements with Federal agencies, State 
and local governments, and any other organization or individual to 
improve the coordination and effectiveness of Federal programs, 
services, and actions affecting rural areas (7 U.S.C. 2204b(b)(4)).
* * * * *

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

0
3. Amend Sec.  2.31 by adding paragraph (a)(21) to read as follows:


Sec.  2.31  General Counsel.

    (a) * * *
    (21) Enter into cooperative agreements with nongovernmental 
organizations and educational institutions related to public interest 
and agricultural law for the purpose of agricultural and public service 
programs, sponsorships, convenings, and trainings (7 U.S.C. 
2204b(b)(4)).
* * * * *

0
4. Amend Sec.  2.39 by adding paragraph (a)(10) to read as follows:


Sec.  2.39  Director, Office of Tribal Relations.

    (a) * * *
    (10) Enter into cooperative agreements with associations of 
institutions of

[[Page 80075]]

higher education for the purpose of participation in internship 
programs for graduate and undergraduate students in support of the 1994 
Tribal College Program and carry out the related authorities and 
responsibilities outlined in 7 U.S.C. 2279c.
* * * * *

Subpart F--Delegations of Authority by the Under Secretary for Farm 
Production and Conservation

0
5. Amend Sec.  2.41 by adding paragraph (a)(7) to read as follows:


Sec.  2.41  Chief Operating Officer, Farm Production and Conservation 
Business Center.

    (a) * * *
    (7) Establish programs with any bureau of the U.S. Department of 
the Interior (DOI), or with other agencies within USDA, in support of 
the Service First initiative for the purpose of promoting customer 
service and efficiency, including delegating to employees of DOI and 
other USDA agencies the authorities of the Farm Production and 
Conservation Business Center necessary to carry out projects on behalf 
of USDA (43 U.S.C. 1703).
* * * * *

0
6. Amend Sec.  2.42 by adding paragraph (a)(31) to read as follows:


Sec.  2.42  Administrator, Farm Service Agency.

    (a) * * *
    (31) Establish programs with any bureau of the U.S. Department of 
the Interior (DOI), or with other agencies within USDA, in support of 
the Service First initiative for the purpose of promoting customer 
service and efficiency, including delegating to employees of DOI and 
other USDA agencies the authorities of the Farm Service Agency 
necessary to carry out projects on behalf of USDA (43 U.S.C. 1703).
* * * * *

0
7. Amend Sec.  2.43 by adding paragraph (a)(5) to read as follows:


Sec.  2.43  Chief, Natural Resources and Conservation Service.

    (a) * * *
    (5) Establish programs with any bureau of the U.S. Department of 
the Interior (DOI), or with other agencies within USDA, in support of 
the Service First initiative for the purpose of promoting customer 
service and efficiency, including delegating to employees of DOI and 
other USDA agencies the authorities of the Natural Resources and 
Conservation Service necessary to carry out projects on behalf of USDA 
(43 U.S.C. 1703).
* * * * *

0
8. Amend Sec.  2.44 by adding paragraph (a)(10) to read as follows:


Sec.  2.44  Administrator, Risk Management Agency and Manager, Federal 
Crop Insurance Corporation.

    (a) * * *
    (10) Establish programs with any bureau of the U.S. Department of 
the Interior (DOI), or with other agencies within USDA, in support of 
the Service First initiative for the purpose of promoting customer 
service and efficiency, including delegating to employees of DOI and 
other USDA agencies the authorities of the Risk Management Agency to 
carry out projects on behalf of USDA (43 U.S.C. 1703).
* * * * *

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

0
9. Amend Sec.  2.60 by revising paragraph (a)(58) to read as follows:


Sec.  2.60  Chief, Forest Service.

    (a) * * *
    (58) Enter into reciprocal fire agreements or contracts with 
domestic entities. Administer reimbursements received for fire 
suppression (42 U.S.C. 1856-1856e).
* * * * *

Signing Authority

    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, Principal 
Deputy General Counsel, for purposes of publication in the Federal 
Register.

Mary Beth Schultz,
Principal Deputy General Counsel.
[FR Doc. 2024-22571 Filed 10-1-24; 8:45 am]
BILLING CODE 3410-90-P


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