refuse to confirm or deny the existence or non-existence of requested information whenever the fact of its existence or non-existence is itself classifiable under the Order.

(4) When a USDA Agency receives a request for declassification of information in its custody which was originated by another Agency, the USDA Agency shall refer the request to the classifying Agency together with a copy of the document containing the information requested when practicable, and shall notify the requester of the referral and that a response will be sent to the requester by the Agency which was sent the referral.

(5) Information requested shall be declassified if it no longer requires protection under the provisions of the Order. The information will then be released to the requester unless withholding is otherwise authorized under applicable law, such as the Freedom of Information or Privacy Act. If the information requested cannot be declassified in its entirety, the USDA Agency will make reasonable efforts to release those declassified portions that are reasonably segregable. Upon denial of an initial request, the Department Security Officer shall inform the requester as to the reasons for the denial and a notice of the right to appeal the determination to the Department Review Committee. Such an appeal must be submitted in writing within sixty (60) days.

(6) If no determination has been made at the end of sixty (60) days from receipt of the initial request for review, the requester may appeal to the Assistant Secretary for Administration for a determination.

(b) Processing requirements. (1) Requests for mandatory declassification review may be directed to the Department Security Officer, Office of Personnel, Administration Building, U.S. Department of Agriculture, Washington, D.C. 20250. The Security Officer shall, in turn, refer the request to the appropriate USDA Agency Head for action.

(2) A valid request must be in writing and reasonably describe the information sought to enable the USDA Agency to identify it.

(3) The USDA Agency shall notify the requester if the request does not identify sufficiently the information sought. The requester shall then be given an opportunity to provide additional information to describe the information with particularity enabling identification of the requested materi

al.

(4) If within thirty (30) days after the notification is mailed the requester does not describe the information sought with sufficient particularity, the USDA Agency shall notify the requester why no action will be taken on the request.

(5) Search and duplication fees will be charged pursuant to the provisions of the Department's Fee Schedule, Appendix A, to Part 1 of this Title. The requester shall be notified of the approximate cost of the search and duplication costs before the search is conducted.

(c) Processing requests. Requests that meet the foregoing requirements for processing shall be processed as follows:

(1) The USDA Agency shall immediately acknowledge receipt of the request in writing.

(2) The USDA Agency shall make a determination within ten (10) working days or shall explain to the requester why additional time is necessary. In no case shall the response time for a final determination exceed one (1) year from the date of receipt of the initial request.

(3) When another Agency forwards to the Department Security Officer a request for information in that Agency's custody that has been classified by USDA, the Department Security Officer shall process the request in accordance with the requirements of this section, respond directly to the requester and, if so requested, shall notify the referring Agency of the determination made on the request.

(4) Requests for classified information containing foreign government information may necessitate consultations with other agencies and/or with the foreign originator of the information prior to final action of the request.

§ 10.9 Mandatory review for derivatively classified documents.

(a) Requests for mandatory review for USDA derivatively classified documents shall be processed by the Department Security Officer under the following procedures:

(1) The Department Security Officer shall contact the Agency responsible for orginally classifying the source document for a declassification determination.

(2) If the Agency determines that the originally classified document has been declassified, the Department Security Officer shall so mark the USDA derivatively classified document and release it to the requester.

(3) If the originally classified document has not been declassified, the Department Security Officer shall so notify the requester.

§10.10 Appeals.

(a) Appeals from denial of declassification and release of information shall be directed to the Department Review Committee, Administration Building, U.S. Department of Agriculture, Washington, D.C. 20250.

(b) Appeals shall be reviewed and decided within thirty (30) working days of their receipt as follows:

(1) If the documents are declassified in their entirety, the Department Security Office shall forward the documents to the requester.

(2)(i) If the documents are not declassified and released in their entirety, the chairman, Department Review Committee, shall forward a letter of denial to the requester notifying the requester of the decision and a statement of justification for the denial.

(ii) If the decision of the committee is to declassify or release a portion of the documents, the chairman of the committee shall forward a letter of partial denial to the requester. The letter shall include a statement of justification for the partial denial. Those portions of the documents which have been declassified shall be forwarded to the requester.

§ 11.51

Definition of terms.

For the purpose of this subpart:

(a) “The act" means the Agricultural Trade Development and Assistance Act of 1954, as amended.

(b) A "cooperative program agreement" is an agreement by FAS and a cooperator to cooperate generally in the development of foreign markets for surplus agricultural commodities, more detailed provisions for such development to be embodied in cooperative project agreements.

(c) A "cooperative project agreement" is an agreement by FAS and a cooperator pursuant to which FAS contributes foreign currencies derived under the act and the cooperator contributes or causes to be contributed dollars, foreign currencies, property, services, or combinations thereof, all to be used in a cooperative project.

(d) A "cooperative project" is a project, as described under paragraph (i) of this section, operated by a coop

erator, part of the financing being provided by FAS in accordance with the applicable cooperative project agreement.

(e) "Developing new markets" means creating new foreign markets for United States agricultural commodities as well as maintaining or expanding such foreign markets already in existence.

(f) "FAS" means the Foreign Agricultural Service, United States Department of Agriculture.

(g) "FAS contract" is a contract between FAS and a contractor, different from a cooperative agreement, pursuant to which FAS procures, for a stated consideration, property and services needed in developing markets for United States agricultural commodities.

(h) "FAS project" is a project as described under paragraph (i) of this section, operated directly by FAS with its own personnel or through direct procurement of property and services for needed market development.

(i) A "project" is a unit of market development work which constitutes the basis for programming as well as for budgeting and accounting for expenditures. A project may be directed at: (1) Market promotion, that is, expanding and maintaining a market for United States agricultural commodities in foreign countries using such techniques as market studies, general publicity, commodity promotions, and exchanges of know-how and personnel; (2) marketing assistance, that is, assistance to foreign importers, processors and wholesale and retail dealers on distribution or technical problems; or (3) marketing research and surveys. A project may be a "cooperative project" or an "FAS project," as defined under paragraphs (d) and (h) of this section, respectively.

§ 11.52 Legal basis.

Section 104(a) of the act, as amended (7 U.S.C. 1704(a)), authorizes the President to use, or enter into agreements with friendly nations or organizations of nations to use, the foreign currencies which accrue under Title I of the act to help develop new markets for United States agricultural commodities on a mutually benefiting

basis. By Executive Order 10560, dated September 9, 1954 (19 FR 5927), as amended, the President delegated the functions conferred upon him by Title I to the Secretary of Agriculture. The Administrator, FAS, is authorized to develop foreign markets for agricultural commodities pursuant to section 104(a) of the act by delegation of authority from the Secretary of Agriculture, 19 FR 74, except for utilization research which has been delegated by the same delegation to the Agricultural Research Service of the Department of Agriculture.

§ 11.53 Participation in projects.

As far as practicable, the United States Department of Agriculture relies upon representatives of private trade and agricultural groups in the United States and foreign countries as cooperators to carry out section 104(a) projects. In appropriate cases, such as where research or surveys are required, projects may be carried out in cooperation with, or under contract with, colleges, foundations, and similar educational institutions. Generally, cooperative agreements are not entered into with individual United States or foreign firms, except (a) on an experimental or pilot basis, or (b) where a trade group designates a particular firm to represent and act on behalf of the group. FAS projects are established where it is considered desirable to have the work done and where it is impracticable to establish a project on a cooperative basis.

§ 11.56 Offices abroad.

With the approval of FAS, the cooperator may establish field offices in foreign countries to develop, supervise, and conduct market development activities.

§ 11.57 Reports.

A cooperator shall make reports, as required by FAS, in the course of the operation of the projects as well as upon their completion.

§ 11.58 Initiation of projects.

Market development projects may be initiated upon the suggestion of cooperators, FAS personnel, or other individuals or groups within or outside the Department of Agriculture.

§ 11.59 Consideration of project proposals. Suggested projects are undertaken only if it is determined that such projects give promise of contribution to the effective creation, expansion, or maintenance of markets abroad for United States agricultural commodities, with primary emphasis on commercial markets.

in

§ 11.60 Delegations by Administrator. (a) Authority to execute cooperative project agreements as defined § 11.51(c) is delegated by the Administrator, FAS, to the Assistant Administrator for Market Development and Programs.

(b) Authority to execute all other agreements, including FAS contracts as defined in § 11.51(g), pursuant to section 104(a) of the act is delegated by the Administrator, FAS, to the Assistant

Administrator for Management, except that the Administrator, FAS, executes cooperative program agreements, as defined in § 11.51(b), and except that agreements for utilization research are executed by the Agricultural Research Service (see § 11.52).

(c) These authorities may not be redelegated.

811.61 Further information.

Further information as to entering into agreements to develop new markets for United States agricultural commodities and as to operations

culture and agencies and instrumentalities of the Department.

(b) The purpose of the provisions of this part are to remove certain incentives for persons to produce agricultural commodities on highly erodible land or converted wetland and to thereby— (1) Reduce soil loss due to wind and water erosion,

(2) Protect the Nation's long term capability to produce food and fiber,

(3) Reduce sedimentation and improve water quality,

(4) Assist in preserving the Nation's wetlands, and

(5) Curb production of surplus commodities.

[52 FR 35200, Sept. 17, 1987; 53 FR 3999, Feb. 11, 1988]

§ 12.2 Definitions.

(a) The following definitions shall be applicable for the purposes of this part:

(1) "Agricultural commodity” means any crop planted and produced by annual tilling of the soil, including tilling by one-trip planters or sugarcane.

(2) "ASCS" means the Agricultural Stabilization and Conservation Service, an agency of the United States Department of Agriculture which is generally responsible for administering commodity production adjustment and certain conservation programs of the Department.

(3) "Conservation District" (CD) means a subdivision of a State or local government organized pursuant to the applicable law to develop and implement soil and water conservation activities or programs.

(4) "Conservation plan" means the document containing the decisions of a person with respect to the location, land use, tillage systems and conservation treatment measures and schedule which, if approved, must be or have been established on highly erodible cropland in order to control erosion on such land.

(5) "Conservation system" means the part of a cropland resource management system applied to a field or group of fields that provides for cost effective and practical erosion reduction based upon the standards contained in the SCS field office technical guide. A conservation system may in

clude a single practice or a combination of practices.

(6) "Converted wetland" means wetland that has been drained, dredged, filled, leveled, or otherwise manipulated (including any activity that results in impairing or reducing the flow, circulation, or reach of water) that makes possible the production of an agricultural commodity without further application of the manipulations described herein if (i) such production would not have been possible but for such action; and (ii), before such action such land was wetland and was neither highly erodible land nor highly erodible cropland.

(7) "CCC" means the Commodity Credit Corporation, a wholly-owned government corporation within the United States Department of Agriculture organized under the provisions of 15 U.S.C. 714 et seq.

(8) "Department" means the United States Department of Agriculture.

(9) "Erodibility index” means a numerical value that expresses the potential erodibility of a soil in relation to its soil loss tolerance value without consideration of applied conservation practices or management.

(10) "ES" means the Extension Service, an agency of the United States Department of Agriculture which is generally responsible for coordinating the information and educational programs of the Department.

(11) "FmHA" means the Farmers Home Administration, an agency of the United States Department of Agriculture which is generally responsible for providing farm loans and loan guarantees under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) and other laws.

(12) "FCIC" means the Federal Crop Insurance Corporation, a whollyowned government corporation within the United States Department of Agriculture organized under the provision of 7 U.S.C. 1501 et seq.

(13) "Field" means a part of a farm which is separated from the balance of the farm by permanent boundaries such as fences, roads, permanent waterways, woodlands, croplines (in cases where farming practices make it probable that such cropline is not subject to change) or other similar features.