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agency procedures prescribed otherwise.

(1) Policy development, planning and implementation which relate to routine activities, such as personnel, organizational changes, or similar administrative functions;

(2) Activities which deal solely with the funding of programs, such as program budget proposals, disbursements, and transfer or reprogramming of funds;

(3) Inventories, research activities, and studies, such as resource inventories and routine data collection when such actions are clearly limited in context and intensity;

(4) Educational and informational programs and activities;

(5) Civil and criminal law enforcement and investigative activities;

(6) Activities which are advisory and consultative to other agencies and public and private entities, such as legal counselling and representation;

(7) Activities related to trade representation and market development activities abroad.

(b) Agencies will identify in their own procedures the activities which normally would not require an environmental assessment or environmental impact statement.

(c) Notwithstanding the exclusions listed above and in § 1b.4, or identified in agency procedures, agency heads may determine that circumstances dictate the need for preparation of an EA or EIS for a particular action. Agencies shall continue to scrutinize their activities to determine continued eligibility for categorical exclusion.

8 1b.4 Exclusion of agencies.

(a) The USDA agencies listed below carry out programs and activities which have been found to have no individual or cumulative effect on the human environment. These agencies are excluded from the requirements to prepare implementing procedures. Actions of these agencies are categorically excluded from the preparation of an EA or EIS unless the agency head determines that an action may have a significant environmental effect.

(1) Agricultural Cooperative Service, (2) Agricultural Marketing Service, (3) Extension Service,

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§ 1d.3 Critical and unpredictable labor demands.

“Critical and unpredictable labor demands" means that the period during which field work is to be initiated cannot be predicted with any certainty 60 days in advance of need.

§ 1d.4 Field work.

"Field work" means any employment performed on agricultural lands for the purpose of planting, cultural practices, cultivating, growing, harvesting, drying, processing, or packing any fruits, vegetables, or other perishable commodities. These activities have to be performed on agricultural land in order to produce fruits, vegetables, and other perishable commodities, as opposed to those activities that occur in a processing plant or packinghouse not on agricultural lands. Thus, the drying, processing, or packing of fruits, vegetables, and other perishable commodities in the field and the "on the field" loading of transportation vehicles are included. Operations using a machine, such as a picker or a tractor, to perform these activities on agricultural land are included. Supervising any of these activities shall be considered performing the activities.

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result of seasonal field work, and have critical and unpredictable labor demands. This is limited to Christmas trees, cut flowers, herbs, hops, horticultural specialties, spanish reeds (arundo donax), spices, sugar beets, and tobacco. This is an exclusive list, and anything not listed is excluded. Examples of commodities that are not included as perishable commodities animal aquacultural products, birds, cotton, dairy products, earthworms, fish including oysters and shellfish, forest products, fur bearing animals and rabbits, hay and other forage and silage, honey, horses and other equines, livestock of all kinds including animal specialties, poultry and poultry products, sod, sugar cane, wildlife, and wool.

are

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Sec.

2.3 Authority of the Secretary to delegate authority.

2.4 General officers.

2.5 Order in which Officers of the Department shall act as Secretary.

Subpart B-General Delegations of Authority by the Secretary of Agriculture

2.7 Authority to supervise and direct. 2.8 Additional delegations.

2.9 Limitations.

2.10 New principles and periodic reviews. 2.11 Secretary and general officers not precluded from exercising delegated powers.

2.12 Status of prior delegations.

Subpart C-Delegations of Authority to the Deputy Secretary, the Under Secretary for International Affairs and Commodity Programs, the Under Secretary for Small Community and Rural Development, and Assistant Secretaries

2.13 Delegations of authority to the Deputy Secretary.

2.14 Reservations of authority.

2.15 Delegations of authority to the Assistant Secretary for Food and Consumer Services.

2.16 Reservations of authority.

2.17 Delegations of authority to the Assistant Secretary for Marketing and Inspection Services.

2.18 Reservations of authority.

2.19 Delegations of authority to the Assistant Secretary for Special Services.

2.20 [Reserved]

2.21 Delegations of authority to the Under Secretary for International Affairs and Commodity Programs.

2.22 Reservations of authority.

2.23 Delegations of authority to the Under Secretary for Small Community and Rural Development.

2.24 Reservations of authority.

2.25 Delegations of authority to the Assistant Secretary for Administration. 2.26 Reservations of authority.

2.27 Delegations of authority to the Assistant Secretary for Economics. 2.28 Reservations of authority.

2.29 Delegations of authority to the Assistant Secretary for Governmental and Public Affairs.

2.30 Delegations of authority to the Assistant Secretary for Science and Education.

2.30a Reservations of authority.

Sec.

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

2.31 Delegation of authority to the General Counsel.

2.32 [Reserved]

2.33 Delegations of authority to the Inspector General.

2.34 Reservations of authority.

2.35 Delegations of authority to the Judicial Officer.

2.36 Director, Office of Budget and Program Analysis.

2.37 Reservations of authority. 2.38-2.40 [Reserved]

2.41 Designation to the Office of Administrative Law Judges.

2.42 Delegations of authority to the Chief of the Forest Service. 2.43 Reservations of authority. 2.44 Delegations of authority to the Chief of the Soil Conservation Service. 2.45 Reservations of authority.

Subpart E-Delegations of Authority by the Deputy Secretary-[Reserved]

Subpart F-Delegations of Authority by the Assistant Secretary for Marketing and Inspection Services

2.49 Deputy Assistant Secretary for Marketing and Inspection Services.

2.50 Administrator, Agricultural Marketing

Service.

2.51 Administrator, Animal and Plant Health Inspection Service.

2.52 Administrator, Office of Transportation.

2.53 Administrator, Federal Grain Inspection Service.

2.54 Administrator, Agricultural Cooperative Service.

2.55 Administrator, Food Safety and Inspection Service.

2.56 Administrator, Packers and Stockyards Administration.

Subpart G-Delegations of Authority by the Assistant Secretary for Special Services

2.59 Delegation of authority to the Deputy Assistant Secretary for Special Services.

Subpart H-Delegations of Authority by the Under Secretary for International Affairs and Commodity Programs

2.63 Deputy Under Secretaries for International Affairs and Commodity Programs. 2.64 Administrator, Office of International Cooperation and Development. 2.65 Administrator, Agricultural Stabilization and Conservation Service. 2.66-2.67 [Reserved]

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§ 2.2 Authority of the Secretary to prescribe regulations.

The general authority of the Secretary to prescribe regulations governing the work of the Department is based on 5 U.S.C. 301 which provides in part, that:

The head of an executive department may prescribe regulations for the government of his department, the conduct of its employees, the distribution and performance of its business, and the custody, use and preservation of its records, papers, and property

§ 2.3 Authority of the Secretary to delegate authority.

The general authority of the Secretary to make delegations of his authority is based on section 4(a) of Reorganization Plan No. 2 of 1953 which provides:

The Secretary of Agriculture may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by an agency or employee, of the Department of Agriculture of any function of the Secretary, including any function transferred to the Secretary by the provisions of this reorganization plan.

§ 2.4 General officers.

The work of the Department is under the supervision and control of the Secretary who is assisted by the following general officers: the Deputy Secretary; the Under Secretary for International Affairs and Commodity Programs; the Under Secretary for Small Community and Rural Development; the Assistant Secretary for Natural Resources and Environment; the Assistant Secretary for Food and Consumer Services; the Assistant Secretary for Marketing and Inspection Services; the Assistant Secretary for Governmental and Public Affairs; the Assistant Secretary for Economics; the Assistant Secretary for Science and Education; the General Counsel; the Assistant Secretary for Administration; the Inspector General; the Judicial Officer; the Director, Office of Budget and Program Analysis; and the Executive Assistant to the Secretary. [48 FR 12685, Mar. 28, 1983]

§ 2.5 Order in which Officers of the Department shall act as Secretary.

(a) Pursuant to Executive Order 11957, dated January 13, 1977 (42 FR 3295), in the case of the absence, sickness, resignation, or death of both the Secretary and the Deputy Secretary, the Under Secretary for International Affairs and Commodity Programs and the Under Secretary for Small Community and Rural Development shall act as Secretary in the order in which they have taken office as an Under Secretary. In the event that both Under Secretaries shall have taken office simultaneously, they shall act as Secretary in the order in which they are listed herein.

(b) In the case of the absence, sickness, resignation, or death of the Secretary, the Deputy Secretary, the Under Secretary for International Affairs and Commodity Programs, and the Under Secretary for Small Com

munity and Rural Development, the Assistant Secretary for Natural Resources and Environment, the Assistant Secretary for Food and Consumer Services, the Assistant Secretary for Marketing and Inspection Services, the Assistant Secretary for Economics, the Assistant Secretary for Science and Education, the Assistant Secretary for Governmental and Public Affairs, and the Assistant Secretary for Administration shall act as Secretary in the order in which they have taken office as an Assistant Secretary. In the event that any two or more Assistant Secretaries shall have taken office on the same date they shall act as Secretary in the order listed herein.

(c) In the case of the absence, sickness, resignation, or death of the Secretary, the Deputy Secretary, the Under Secretary for International Affairs and Commodity Programs, the Under Secretary for Small Community and Rural Development, and the Assistant Secretaries referred to in paragraph (b) of this section, the General Counsel shall act as Secretary.

[46 FR 21985, Apr. 15, 1981, as amended at 48 FR 21301, May 12, 1983]

Subpart B-General Delegations of Authority by the Secretary of Agriculture

§ 2.7 Authority to supervise and direct.

Unless specifically reserved, or otherwise delegated, the delegations of authority to each general officer of the Department and each agency head contained in this part or elsewhere includes the authority to direct and supervise the employees engaged in the conduct of activities under his jurisdiction, and the authority to take any action, execute any document, authorize any expenditure, promulgate any rule, regulation, order, or instruction required by or authorized by law and deemed by the general officer or agency head to be necessary and proper to the discharge of his responsibilities. This authority will be exercised subject to applicable administrative rules and regulations. Unless otherwise provided, a general officer or agency head may, subject to his continuing responsibility for the proper

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