[USC02] 7 USC CHAPTER 98, SUBCHAPTER II: FARM PRODUCTION AND CONSERVATION
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7 USC CHAPTER 98, SUBCHAPTER II: FARM PRODUCTION AND CONSERVATION
From Title 7—AGRICULTURECHAPTER 98—DEPARTMENT OF AGRICULTURE REORGANIZATION

SUBCHAPTER II—FARM PRODUCTION AND CONSERVATION

Codification

Pub. L. 115–141, div. A, title VII, §772(a)(1), Mar. 23, 2018, 132 Stat. 397, substituted "FARM PRODUCTION AND CONSERVATION" for "FARM AND FOREIGN AGRICULTURAL SERVICES" in subchapter heading.

§6931. Under Secretary of Agriculture for Farm Production and Conservation

(a) Authorization

The Secretary is authorized to establish in the Department the position of Under Secretary of Agriculture for Farm Production and Conservation.

(b) Confirmation required

If the Secretary establishes the position of Under Secretary of Agriculture for Farm Production and Conservation authorized under subsection (a), the Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate.

(c) Functions of Undersecretary 1

The Under Secretary of Agriculture for Farm Production and Conservation shall perform such functions and duties as the Secretary shall prescribe.

(d) Succession

Any official who is serving as Under Secretary of Agriculture for Farm and Foreign Agricultural Services on March 23, 2018, and who was appointed by the President, by and with the advice and consent of the Senate, shall not be required to be reappointed under subsection (b) to the successor position authorized under subsection (a).

(Pub. L. 103–354, title II, §225, Oct. 13, 1994, 108 Stat. 3213; Pub. L. 115–141, div. A, title VII, §772(a)(2), Mar. 23, 2018, 132 Stat. 397.)

Codification

Section is comprised of section 225 of Pub. L. 103–354. Subsec. (e) of section 225 of Pub. L. 103–354 amended section 5314 of Title 5, Government Organization and Employees, and repealed section 5691 of this title.

Another section 225 of Pub. L. 103–354 is classified to section 6925 of this title.

Amendments

2018Pub. L. 115–141 amended section generally. Prior to amendment, section related to Under Secretary of Agriculture for Farm and Foreign Agricultural Services.

1 So in original. Probably should be "Under Secretary".

§6932. Farm Service Agency

(a) Establishment

The Secretary is authorized to establish and maintain in the Department a Farm Service Agency.

(b) Functions

If the Secretary establishes the Farm Service Agency under subsection (a), the Secretary is authorized to assign to the Agency jurisdiction over the following functions:

(1) Agricultural price and income support programs, production adjustment programs, and related programs.

(2) Repealed. Pub. L. 104–127, title I, §194(c), Apr. 4, 1996, 110 Stat. 946.

(3) Agricultural credit programs assigned before October 13, 1994, by law to the Farmers Home Administration (including farm ownership and operating, emergency, and disaster loan programs) and other lending programs for agricultural producers and others engaged in the production of agricultural commodities.

(4) Subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 [16 U.S.C. 3831 et seq.].

(5) Such other functions as the Secretary considers appropriate, except for those programs assigned by the Secretary to the Natural Resources Conservation Service or another agency of the Department under section 6936(b) of this title.

(c) Special concurrence requirements for certain functions

In carrying out the programs specified in subsection (b)(4), the Secretary shall—

(1) acting on the recommendations of the Farm Service Agency, with the concurrence of the Natural Resources Conservation Service, issue regulations to carry out such programs;

(2) ensure that the Farm Service Agency, in establishing policies, priorities, and guidelines for such programs, does so with the concurrence of the Natural Resources Conservation Service at national, State, and local levels;

(3) ensure that, in reaching such concurrence at the local level, the Natural Resources Conservation Service works in cooperation with Soil and Water Conservation Districts or similar organizations established under State law;

(4) ensure that officials of county and area committees established under section 590h(b)(5) of title 16 meet annually with officials of such Districts or similar organizations to consider local conservation priorities and guidelines; and

(5) take steps to ensure that the concurrence process does not interfere with the effective delivery of such programs.

(d) Jurisdiction over conservation program appeals

(1) In general

Until such time as an adverse decision described in this paragraph is referred to the National Appeals Division for consideration, the Farm Service Agency shall have initial jurisdiction over any administrative appeal resulting from an adverse decision made under title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.), including an adverse decision involving technical determinations made by the Natural Resources Conservation Service.

(2) Treatment of technical determination

(A) In general

With respect to administrative appeals involving a technical determination made by the Natural Resources Conservation Service, the Farm Service Agency, by rule with the concurrence of the Natural Resources Conservation Service, shall establish procedures for obtaining review by the Natural Resources Conservation Service of the technical determinations involved. Such rules shall ensure that technical criteria established by the Natural Resources Conservation Service shall be used by the Farm Service Agency as the basis for any decisions regarding technical determinations. If no review is requested, the technical determination of the Natural Resources Conservation Service shall be the technical basis for any decision rendered by a county or area committee established under section 590h(b)(5) of title 16. If the committee requests a review by the Natural Resources Conservation Service of a wetlands determination of the Service, the Farm Service Agency shall consult with other Federal agencies whenever required by law or under a memorandum of agreement in existence on October 13, 1994.

(B) Economic hardship

After a technical determination has been made, on a producer's request, if a county or area committee determines that the application of the producer's conservation system would impose an undue economic hardship on the producer, the committee shall provide the producer with relief to avoid the hardship.

(3) Reinstatement of program benefits

Rules issued to carry out this subsection shall provide for the prompt reinstatement of benefits to a producer who is determined in an administrative appeal to meet the requirements of title XII of the Food Security Act of 1985 [16 U.S.C. 3801 et seq.] applicable to the producer.

(e) Use of Federal and non-Federal employees

(1) Use authorized

In the implementation of programs and activities assigned to the Farm Service Agency, the Secretary may use interchangeably in local offices of the Agency both Federal employees of the Department and non-Federal employees of county and area committees established under section 590h(b)(5) of title 16.

(2) Exception

Notwithstanding paragraph (1), no personnel action (as defined in section 2302(a)(2)(A) of title 5) may be taken with respect to a Federal employee unless such action is taken by another Federal employee.

(f) Collocation

To the maximum extent practicable, the Secretary shall collocate county offices of the Farm Service Agency with county offices of the Natural Resources Conservation Service in order to—

(1) maximize savings from shared equipment, office space, and administrative support;

(2) simplify paperwork and regulatory requirements;

(3) provide improved services to agricultural producers and landowners affected by programs administered by the Agency and the Service; and

(4) achieve computer compatibility between the Agency and the Service to maximize efficiency and savings.

(g) Savings provision

For purposes of subsections (c) through (f) of this section:

(1) A reference to the "Farm Service Agency" includes any other office, agency, or administrative unit of the Department assigned the functions authorized for the Farm Service Agency under this section.

(2) A reference to the "Natural Resources Conservation Service" includes any other office, agency, or administrative unit of the Department assigned the functions authorized for the Natural Resources Conservation Service under section 6936(b) of this title.

(Pub. L. 103–354, title II, §226, Oct. 13, 1994, 108 Stat. 3214; Pub. L. 104–127, title I, §194(c), title III, §§315(b), 336(a)(2)(C), Apr. 4, 1996, 110 Stat. 946, 985, 1005; Pub. L. 115–334, title XII, §§12404(a), 12410(c)(2)(A), Dec. 20, 2018, 132 Stat. 4974, 4978.)

References in Text

The Food Security Act of 1985, referred to in subsecs. (b)(4) and (d)(1), (3), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Title XII of the Act is classified principally to chapter 58 (§3801 et seq.) of Title 16, Conservation. Subchapter B of chapter 1 of subtitle D of title XII of the Act is classified generally to subpart B (§3831 et seq.) of part I of subchapter IV of chapter 58 of Title 16. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of this title and Tables.

Codification

Section is comprised of section 226 of Pub. L. 103–354. Subsec. (h) of section 226 of Pub. L. 103–354 amended section 1981 of this title.

Amendments

2018Pub. L. 115–334, §12404(a)(1), (3), substituted "Farm" for "Consolidated Farm" in section catchline and wherever appearing in text.

Subsec. (b). Pub. L. 115–334, §12404(a)(2), struck out "of Consolidated Farm Service Agency" after "Functions" in heading.

Subsecs. (b)(5), (g)(2). Pub. L. 115–334, §12410(c)(2)(A), substituted "section 6936(b) of this title" for "section 6962(b) of this title".

1996—Subsec. (b)(2). Pub. L. 104–127, §194(c), struck out par. (2) which read as follows: "General supervision of the Federal Crop Insurance Corporation."

Subsec. (b)(4). Pub. L. 104–127, §336(a)(2)(C), struck out before period at end "and the agricultural conservation program under the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590g et seq.)".

Subsec. (d)(2). Pub. L. 104–127, §315(b), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).

Farm Service Agency Accountability

Pub. L. 115–334, title I, §1705, Dec. 20, 2018, 132 Stat. 4526, provided that:

"(a) In General.—Not later than 1 year after the date of enactment of this Act [Dec. 20, 2018], the Secretary [of Agriculture] shall establish policies, procedures, and plans to improve program accountability and integrity through targeted and coordinated activities, including utilizing data mining to identify and reduce errors, waste, fraud, and abuse in programs administered by the Farm Service Agency.

"(b) Report.—Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the progress and results of the activities conducted under subsection (a)."

§6932a. Prohibition on closure or relocation of county offices for the Farm Service Agency

(a) Temporary prohibition

(1) In general

Subject to paragraph (2), until the date that is two years after the date of the enactment of this Act, the Secretary of Agriculture may not close or relocate a county or field office of the Farm Service Agency.

(2) Exception

Paragraph (1) shall not apply to—

(A) an office that is located not more than 20 miles from another office of the Farm Service Agency; or

(B) the relocation of an office within the same county in the course of routine leasing operations.

(b) Limitation on closure; notice

(1) Limitation

After the period referred to in subsection (a)(1), the Secretary shall, before closing any office of the Farm Service Agency that is located more than 20 miles from another office of the Farm Service Agency, to the maximum extent practicable, first close any offices of the Farm Service Agency that—

(A) are located less than 20 miles from another office of the Farm Service Agency; and

(B) have two or fewer permanent full-time employees.

(2) Notice

After the period referred to in subsection (a)(1), the Secretary of Agriculture may not close a county or field office of the Farm Service Agency unless—

(A) not later than 30 days after the Secretary proposes to close such office, the Secretary holds a public meeting regarding the proposed closure in the county in which such office is located; and

(B) after the public meeting referred to in subparagraph (A), but not less than 90 days before the date on which the Secretary approves the closure of such office, the Secretary notifies the Committee on Agriculture and the Committee on Appropriations of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry and the Committee on Appropriations of the Senate, each Senator representing the State in which the office proposed to be closed is located, and the member of the House of Representatives who represents the Congressional district in which the office proposed to be closed is located of the proposed closure of such office.

(Pub. L. 110–234, title XIV, §14212, May 22, 2008, 122 Stat. 1465; Pub. L. 110–246, §4(a), title XIV, §14212, June 18, 2008, 122 Stat. 1664, 2227.)

References in Text

The date of the enactment of this Act, referred to in subsec. (a)(1), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.

Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Section was enacted as part of the Food, Conservation, and Energy Act of 2008, and not as part of the Department of Agriculture Reorganization Act of 1994, which in part comprises this chapter.

Effective Date

Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title.

§6933. Office of Risk Management

(a) Establishment

The Secretary shall establish and maintain in the Department an independent Office of Risk Management.

(b) Functions of Office of Risk Management

The Office of Risk Management shall have jurisdiction over the following functions:

(1) Supervision of the Federal Crop Insurance Corporation.

(2) Administration and oversight of all aspects, including delivery through local offices of the Department, of all programs authorized under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).

(3) Any pilot or other programs involving revenue insurance, risk management savings accounts, or the use of the futures market to manage risk and support farm income that may be established under the Federal Crop Insurance Act or other law.

(4) Such other functions as the Secretary considers appropriate.

(c) Administrator

(1) Appointment

The Office of Risk Management shall be headed by an Administrator who shall be appointed by the Secretary.

(2) Manager

The Administrator of the Office of Risk Management shall also serve as Manager of the Federal Crop Insurance Corporation.

(d) Resources

(1) Functional coordination

Certain functions of the Office of Risk Management, such as human resources, public affairs, and legislative affairs, may be provided by a consolidation of such functions under the Under Secretary of Agriculture for Farm Production and Conservation.

(2) Minimum provisions

Notwithstanding paragraph (1) or any other provision of law or order of the Secretary, the Secretary shall provide the Office of Risk Management with human and capital resources sufficient for the Office to carry out its functions in a timely and efficient manner.

(Pub. L. 103–354, title II, §226A, as added Pub. L. 104–127, title I, §194(a), Apr. 4, 1996, 110 Stat. 945; amended Pub. L. 115–334, title XII, §§12405(a), 12415(a), Dec. 20, 2018, 132 Stat. 4975, 4981.)

References in Text

The Federal Crop Insurance Act, referred to in subsec. (b)(2), (3), is subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, which is classified generally to subchapter I (§1501 et seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see section 1501 of this title and Tables.

Amendments

2018—Subsec. (a). Pub. L. 115–334, §12415(a), substituted "The Secretary" for "Subject to subsection (e), the Secretary".

Subsec. (d)(1). Pub. L. 115–334, §12405(a), substituted "Under Secretary of Agriculture for Farm Production and Conservation" for "Under Secretary of Agriculture for Farm and Foreign Agricultural Services".

§6934. Office of Partnerships and Public Engagement

(a) Definitions

In this section:

(1) Beginning farmer or rancher

The term "beginning farmer or rancher" has the meaning given the term in section 1991(a) of this title.

(2) Office

The term "Office" means the Office of Partnerships and Public Engagement established under this section.

(3) Socially disadvantaged farmer or rancher

The term "socially disadvantaged farmer or rancher" has the meaning given the term in section 2279(e) 1 of this title.

(b) Establishment and purpose

(1) In general

The Secretary shall establish within the executive operations of the Department an office to be known as the "Office of Partnerships and Public Engagement"—

(A) to improve access to programs of the Department;

(B) to improve the viability and profitability of—

(i) small farms and ranches;

(ii) beginning farmers or ranchers;

(iii) socially disadvantaged farmers or ranchers;

(iv) limited resource producers; and

(v) veteran farmers and ranchers; and


(C) to promote youth outreach.

(2) Director

The Office shall be headed by a Director, to be appointed by the Secretary from among the competitive service.

(c) Duties

The duties of the Office shall be to ensure small farms and ranches, beginning farmers or ranchers, veteran farmers and ranchers, and socially disadvantaged farmers or ranchers access to, and equitable participation in, programs and services of the Department by—

(1) establishing and monitoring the goals and objectives of the Department to increase participation in programs of the Department by small, beginning, socially disadvantaged, or veteran farmers or ranchers;

(2) assessing the effectiveness of Department outreach programs;

(3) developing and implementing a plan to coordinate outreach activities and services provided by the Department;

(4) providing input to the agencies and offices on programmatic and policy decisions;

(5) measuring outcomes of the programs and activities of the Department on small farms and ranches, beginning farmers or ranchers, veteran farmers or ranchers, and socially disadvantaged farmers or ranchers programs;

(6) recommending new initiatives and programs to the Secretary; and

(7) carrying out any other related duties that the Secretary determines to be appropriate.

(d) Socially disadvantaged farmers group

(1) Establishment

The Secretary shall establish within the Office the Socially Disadvantaged Farmers Group.

(2) Outreach and assistance

The Socially Disadvantaged Farmers Group—

(A) shall carry out section 2279 of this title; and

(B) in the case of activities described in section 2279(a) 1 of this title, may conduct such activities through other agencies and offices of the Department.

(3) Socially disadvantaged farmers and farmworkers

The Socially Disadvantaged Farmers Group shall oversee the operations of—

(A) the Advisory Committee on Minority Farmers established under section 14009 of the Food, Conservation, and Energy Act of 2008; 1 and

(B) the position of Farmworker Coordinator established under subsection (f).

(4) Other duties

(A) In general

The Socially Disadvantaged Farmers Group may carry out other duties to improve access to, and participation in, programs of the Department by socially disadvantaged farmers or ranchers, as determined by the Secretary.

(B) Office of Outreach and Diversity

The Office of Partnerships and Public Engagement shall carry out the functions and duties of the Office of Outreach and Diversity carried out by the Assistant Secretary for Civil Rights as such functions and duties existed immediately before the date of the enactment of this section.

(e) Small Farms and Beginning Farmers and Ranchers Group

(1) Establishment

The Secretary shall establish within the Office the Small Farms and Beginning Farmers and Ranchers Group.

(2) Duties

(A) Oversee offices

The Small Farms and Beginning Farmers and Ranchers Group shall oversee the operations of the Office of Small Farms Coordination established by Departmental Regulation 9700–1 (August 3, 2006).

(B) Beginning farmer and rancher development program

The Small Farms and Beginning Farmers and Ranchers Group shall consult with the National Institute for Food and Agriculture on the administration of the beginning farmer and rancher development grant program established under subsection (d) of section 2279 of this title.

(C) Advisory Committee for Beginning Farmers and Ranchers

The Small Farms and Beginning Farmers and Ranchers Group shall coordinate the activities of the Group with the Advisory Committee for Beginning Farmers and Ranchers established under section 5(b) of the Agricultural Credit Improvement Act of 1992 (7 U.S.C. 1621 1 note; Public Law 102–554).

(D) Other duties

The Small Farms and Beginning Farmers and Ranchers Group may carry out other duties to improve access to, and participation in, programs of the Department by small farms and ranches and beginning farmers or ranchers, as determined by the Secretary.

(f) Farmworker Coordinator

(1) Establishment

The Secretary shall establish within the Office the position of Farmworker Coordinator (referred to in this subsection as the "Coordinator").

(2) Duties

The Secretary shall delegate to the Coordinator responsibility for the following:

(A) Assisting in administering the program established by section 5177a of title 42.

(B) Serving as a liaison to community-based nonprofit organizations that represent and have demonstrated experience serving low-income migrant and seasonal farmworkers.

(C) Coordinating with the Department, other Federal agencies, and State and local governments to ensure that farmworker needs are assessed and met during declared disasters and other emergencies.

(D) Consulting within the Office and with other entities to better integrate farmworker perspectives, concerns, and interests into the ongoing programs of the Department.

(E) Consulting with appropriate institutions on research, program improvements, or agricultural education opportunities that assist low-income and migrant seasonal farmworkers.

(F) Assisting farmworkers in becoming agricultural producers or landowners.

(3) Authorization of appropriations

There are authorized to be appropriated to carry out this subsection—

(A) such sums as are necessary for each of fiscal years 2009 through 2013; and

(B) $2,000,000 for each of fiscal years 2014 through 2023.

(Pub. L. 103–354, title II, §226B, as added Pub. L. 110–234, title XIV, §14013(a), May 22, 2008, 122 Stat. 1450, and Pub. L. 110–246, §4(a), title XIV, §14013(a), June 18, 2008, 122 Stat. 1664, 2212; amended Pub. L. 113–79, title XII, §12202, Feb. 7, 2014, 128 Stat. 984; Pub. L. 115–334, title XII, §§12301(a)(2)(A), 12406(a)(1), (b), (c), Dec. 20, 2018, 132 Stat. 4950, 4975, 4976.)

References in Text

Subsecs. (a) and (e) of section 2279 of this title, referred to in subsecs. (a)(3) and (d)(2)(B), were redesignated subsecs. (c) and (a), respectively, of section 2279 of this title by section 12301(b)(3) of Pub. L. 115–334.

Section 14009 of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (d)(3)(A), probably means section 14008 of Pub. L. 110–246, which is set out as a note under section 2279 of this title, because section 14008 of the Act established the Advisory Committee on Minority Farmers and section 14009 of the Act amended section 7000 of this title.

The date of the enactment of this section, referred to in subsec. (d)(4)(B), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.

Section 5(b) of the Agricultural Credit Improvement Act of 1992, referred to in subsec. (e)(2)(C), is section 5(b) of Pub. L. 102–554, which is set out as a note under section 1929 of this title.

Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Amendments

2018Pub. L. 115–334, §12406(a)(1)(A), substituted "Partnerships and Public Engagement" for "Advocacy and Outreach" in section catchline.

Subsec. (a)(2). Pub. L. 115–334, §12406(a)(1)(B), substituted "Partnerships and Public Engagement" for "Advocacy and Outreach".

Subsec. (b)(1). Pub. L. 115–334, §12406(a)(1)(B), substituted "Partnerships and Public Engagement" for "Advocacy and Outreach" in introductory provisions.

Subsec. (b)(1)(B)(iv), (v), (C). Pub. L. 115–334, §12406(b)(1), added cls. (iv) and (v) of subpar. (B) and subpar. (C).

Subsec. (c). Pub. L. 115–334, §12406(b)(2)(A), inserted "veteran farmers and ranchers," after "beginning farmers or ranchers," in introductory provisions.

Subsec. (c)(1). Pub. L. 115–334, §12406(b)(2)(B), substituted "socially disadvantaged, or veteran" for "or socially disadvantaged".

Subsec. (c)(5). Pub. L. 115–334, §12406(b)(2)(C), inserted "veteran farmers or ranchers," after "beginning farmers or ranchers,".

Subsec. (d)(4)(B). Pub. L. 115–334, §12406(a)(1)(B), substituted "Partnerships and Public Engagement" for "Advocacy and Outreach".

Subsec. (e)(2)(B). Pub. L. 115–334, §12406(a)(2)(A), substituted "the beginning farmer and rancher development grant program established under subsection (d) of section 2279 of this title." for "the beginning farmer and rancher development program established under section 3319f of this title."

Subsec. (f)(3)(B). Pub. L. 115–334, §12406(c), substituted "2023" for "2018".

2014—Subsec. (f)(3). Pub. L. 113–79 amended par. (3) generally. Prior to amendment, text read as follows: "There are authorized to be appropriated such sums as are necessary to carry out this subsection for each of fiscal years 2009 through 2012."

Change of Name

Pub. L. 115–334, title XII, §12406(a)(2), Dec. 20, 2018, 132 Stat. 4976, provided that: "Beginning on the date of the enactment of this Act [Dec. 20, 2018], any reference to the Office of Advocacy and Outreach established under section 226B of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934) in any provision of Federal law shall be deemed to be a reference to the Office of Partnerships and Public Engagement."

Effective Date

Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title.

1 See References in Text note below.

§6934a. Beginning farmer and rancher coordination

(a) Definitions

In this section:

(1) Beginning farmer or rancher

The term "beginning farmer or rancher" has the meaning given such term in section 2279(a) of this title.

(2) National Coordinator

The term "National Coordinator" means the National Beginning Farmer and Rancher Coordinator established under subsection (b)(1).

(3) State coordinator

The term "State coordinator" means a State beginning farmer and rancher coordinator designated under subsection (c)(1)(A).

(4) State office

The term "State office" means—

(A) a State office of—

(i) the Farm Service Agency;

(ii) the Natural Resources Conservation Service;

(iii) the Rural Business-Cooperative Service; or

(iv) the Rural Utilities Service; or


(B) a regional office of the Risk Management Agency.

(b) National Beginning Farmer and Rancher Coordinator

(1) Establishment

The Secretary shall establish in the Department the position of National Beginning Farmer and Rancher Coordinator.

(2) Duties

(A) In general

The National Coordinator shall—

(i) advise the Secretary and coordinate activities of the Department on programs, policies, and issues relating to beginning farmers and ranchers; and

(ii) in consultation with the applicable State food and agriculture council, determine whether to approve a plan submitted by a State coordinator under subsection (c)(3)(B).

(B) Discretionary duties

Additional duties of the National Coordinator may include—

(i) developing and implementing new strategies—

(I) for outreach to beginning farmers and ranchers; and

(II) to assist beginning farmers and ranchers with connecting to owners or operators that have ended, or expect to end within 5 years, actively owning or operating a farm or ranch; and


(ii) facilitating interagency and interdepartmental collaboration on issues relating to beginning farmers and ranchers.

(3) Reports

Not less frequently than once each year, the National Coordinator shall distribute within the Department and make publicly available a report describing the status of steps taken to carry out the duties described in subparagraphs (A) and (B) of paragraph (2).

(4) Contracts and cooperative agreements

In carrying out the duties under paragraph (2), the National Coordinator may enter into a contract or cooperative agreement with an institution of higher education (as defined in section 1001 of title 20), cooperative extension services (as defined in section 3103 of this title), or a nonprofit organization—

(A) to conduct research on the profitability of new farms in operation for not less than 5 years in a region;

(B) to develop educational materials;

(C) to conduct workshops, courses, training, or certified vocational training; or

(D) to conduct mentoring activities.

(c) State beginning farmer and rancher coordinators

(1) In general

(A) Designation

The National Coordinator, in consultation with State food and agriculture councils and directors of State offices, shall designate in each State a State beginning farmer and rancher coordinator from among employees of State offices.

(B) Requirements

To be designated as a State coordinator, an employee shall—

(i) be familiar with issues relating to beginning farmers and ranchers; and

(ii) have the ability to coordinate with other Federal departments and agencies.

(2) Training

The Secretary shall develop a training plan to provide to each State coordinator knowledge of programs and services available from the Department for beginning farmers and ranchers, taking into consideration the needs of all production types and sizes of agricultural operations.

(3) Duties

A State coordinator shall—

(A) coordinate technical assistance at the State level to assist beginning farmers and ranchers in accessing programs of the Department;

(B) develop and submit to the National Coordinator for approval under subsection (b)(2)(A)(ii) a State plan to improve the coordination, delivery, and efficacy of programs of the Department to beginning farmers and ranchers, taking into consideration the needs of all types of production methods and sizes of agricultural operation, at each county and area office in the State;

(C) oversee implementation of an approved State plan described in subparagraph (B);

(D) work with outreach coordinators in the State offices to ensure appropriate information about technical assistance is available at outreach events and activities; and

(E) coordinate partnerships and joint outreach efforts with other organizations and government agencies serving beginning farmers and ranchers.

(Pub. L. 107–171, title VII, §7404, as added Pub. L. 115–334, title XII, §12304, Dec. 20, 2018, 132 Stat. 4965.)

Prior Provisions

A prior section 7404 of Pub. L. 107–171 was classified as a note under section 3101 of this title, prior to repeal by Pub. L. 115–334, title VII, §7506, Dec. 20, 2018, 132 Stat. 4823.

Codification

Section was enacted as part of the Farm Security and Rural Investment Act of 2002, and not as part of the Department of Agriculture Reorganization Act of 1994, which in part comprises this chapter.

§6934b. Agricultural Youth Organization Coordinator

(a) Authorization

The Secretary shall establish in the Department the position of Agricultural Youth Organization Coordinator.

(b) Duties

The Agricultural Youth Organization Coordinator shall—

(1) promote the role of youth-serving organizations and school-based agricultural education in motivating and preparing young people to pursue careers in the agriculture, food, and natural resources systems;

(2) work to help build youth awareness of the reach and importance of agriculture, across a diversity of fields and disciplines;

(3) identify short-term and long-term interests of the Department and provide opportunities, resources, input, and coordination with programs and agencies of the Department to youth-serving organizations and school-based agricultural education, including the development of internship opportunities;

(4) share, internally and externally, the extent to which active steps are being taken to encourage collaboration with, and support of, youth-serving organizations and school-based agricultural education;

(5) provide information to youth involved in food and agriculture organizations concerning the availability of, and eligibility requirements for, participation in agricultural programs, with particular emphasis on beginning farmer and rancher programs;

(6) serve as a resource for assisting youth involved in food and agriculture organizations in applying for participation in agriculture; and

(7) advocate on behalf of youth involved in food and agriculture organizations in interactions with employees of the Department.

(c) Contracts and cooperative agreements

For purposes of carrying out the duties under subsection (b), the Agricultural Youth Organization Coordinator shall consult with the cooperative extension and the land-grant university systems, and may enter into contracts or cooperative agreements with the research centers of the Agricultural Research Service, cooperative extension and the land-grant university systems, non-land-grant colleges of agriculture, or nonprofit organizations for—

(1) the conduct of regional research on the profitability of small farms;

(2) the development of educational materials;

(3) the conduct of workshops, courses, and certified vocational training;

(4) the conduct of mentoring activities; or

(5) the provision of internship opportunities.

(Pub. L. 107–171, title VII, §7405, as added Pub. L. 115–334, title XII, §12305, Dec. 20, 2018, 132 Stat. 4967.)

Prior Provisions

A prior section 7405 of Pub. L. 107–171 was classified to section 3319f of this title, prior to repeal by Pub. L. 115–334, title XII, §12301(a)(1), Dec. 20, 2018, 132 Stat. 4950.

Codification

Section was enacted as part of the Farm Security and Rural Investment Act of 2002, and not as part of the Department of Agriculture Reorganization Act of 1994, which in part comprises this chapter.

Definitions

"Department" means the Department of Agriculture and "Secretary" means the Secretary of Agriculture, see section 7401 of Pub. L. 107–171, set out as a note under section 3319b of this title.

§6935. Repealed. Pub. L. 115–334, title XII, §12414(b), Dec. 20, 2018, 132 Stat. 4981

Section, Pub. L. 113–79, title III, §3208, Feb. 7, 2014, 128 Stat. 781, related to Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs.

§6936. Natural Resources Conservation Service

(a) Establishment

The Secretary is authorized to establish and maintain within the Department a Natural Resources Conservation Service.

(b) Functions

If the Secretary establishes the Natural Resources Conservation Service under subsection (a), the Secretary is authorized to assign to the Service jurisdiction over the following:

(1) The Water Bank Act (16 U.S.C. 1301 et seq.).

(2) Title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.), except subchapter B of chapter 1 of subtitle D of such title [16 U.S.C. 3831 et seq.].

(3) Salinity control measures under section 1592(c) of title 43.

(4) The Farms for the Future Act of 1990 (7 U.S.C. 4201 note; Public Law 101–624).

(5) Such other functions as the Secretary considers appropriate, except functions under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.).

(c) Special concurrence requirements for certain functions

In carrying out the programs specified in paragraphs (1) and (3) of subsection (b), the Secretary shall—

(1) acting on the recommendations of the Natural Resources Conservation Service, with the concurrence of the Farm Service Agency, issue regulations to carry out such programs;

(2) ensure that the Natural Resources Conservation Service, in establishing policies, priorities, and guidelines for each such program, does so with the concurrence of the Farm Service Agency at national, State, and local levels;

(3) ensure that, in reaching such concurrence at the local level, the Natural Resources Conservation Service works in cooperation with Soil and Water Conservation Districts or similar organizations established under State law;

(4) ensure that officials of county and area committees established under section 590h(b)(5) of title 16 meet annually with officials of such Districts or similar organizations to consider local conservation priorities and guidelines; and

(5) take steps to ensure that the concurrence process does not interfere with the effective delivery of such programs.

(d) Use of Federal and non-Federal employees

(1) Use authorized

In the implementation of functions assigned to the Natural Resources Conservation Service, the Secretary may use interchangeably in local offices of the Service both Federal employees of the Department and non-Federal employees of county and area committees established under section 590h(b)(5) of title 16.

(2) Exception

Notwithstanding paragraph (1), no personnel action (as defined in section 2302(a)(2)(A) of title 5) may be taken with respect to a Federal employee unless such action is taken by another Federal employee.

(e) Savings provision

For purposes of subsections (c) and (d) of this section:

(1) A reference to the "Natural Resources Conservation Service" includes any other office, agency, or administrative unit of the Department assigned the functions authorized for the Natural Resources Conservation Service under this section.

(2) A reference to the "Farm Service Agency" includes any other office, agency, or administrative unit of the Department assigned the functions authorized for the Farm Service Agency under section 6932 of this title.

(f) Omitted

(g) Field offices

(1) In general

The Secretary shall not close any field office of the Natural Resources Conservation Service unless, not later than 30 days before the date of the closure, the Secretary submits to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a notification of the closure.

(2) Employees

The Secretary shall not permanently relocate any field-based employees of the Natural Resources Conservation Service or the rural development mission area if doing so would result in a field office of the Natural Resources Conservation Service or the rural development mission area with 2 or fewer employees, unless, not later than 30 days before the date of the permanent relocation, the Secretary submits to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a notification of the permanent relocation.

(3) Sunset

The requirements under paragraphs (1) and (2) shall cease to be effective on September 30, 2023.

(Pub. L. 103–354, title II, §228, formerly §246, Oct. 13, 1994, 108 Stat. 3223; Pub. L. 104–127, title III, §336(a)(2)(D), (b)(2)(B), (c)(3), (d)(2), Apr. 4, 1996, 110 Stat. 1005, 1006; Pub. L. 107–171, title VIII, §8002(c), May 13, 2002, 116 Stat. 473; renumbered §228 and amended Pub. L. 115–334, title XII, §§12404(b)(1), 12410(a)–(c)(1), Dec. 20, 2018, 132 Stat. 4975, 4977, 4978.)

References in Text

The Water Bank Act, referred to in subsec. (b)(1), is Pub. L. 91–559, Dec. 19, 1970, 84 Stat. 1468, as amended, which is classified generally to chapter 29 (§1301 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 16 and Tables.

The Food Security Act of 1985, referred to in subsec. (b)(2), (5), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Title XII of the Act is classified principally to chapter 58 (§3801 et seq.) of Title 16, Conservation. Subchapter B of chapter 1 of subtitle D of title XII of the Act is classified generally to subpart B (§3831 et seq.) of part I of subchapter IV of chapter 58 of Title 16. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of this title and Tables.

The Farms for the Future Act of 1990, referred to in subsec. (b)(4), is Pub. L. 101–624, title XIV, ch. 2, §§1465–1470B, Nov. 28, 1990, 104 Stat. 3616–3619, as amended, which is set out as a note under section 4201 of this title.

Codification

Section was formerly part of subtitle E of title II of Pub. L. 103–354 and classified as section 6962 of this title, prior to being moved so as to appear at the end of subtitle B of title II of Pub. L. 103–354 by Pub. L. 115–334, title XII, §12410(c)(1)(B), Dec. 20, 2018, 132 Stat. 4978, and editorially reclassified as this section.

Section is comprised of section 228 of Pub. L. 103–354. Subsec. (f) of section 228 of Pub. L. 103–354 amended sections 2001, 2002, 2005, and 3862 of Title 16, Conservation, and repealed section 590e of Title 16.

Amendments

2018—Subsec. (b)(2), (3). Pub. L. 115–334, §12410(b)(1)(A), (B), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: "The forest land enhancement program under section 2103 of title 16."

Subsec. (b)(4). Pub. L. 115–334, §12410(b)(1)(B), (C), redesignated par. (5) as (4) and inserted "; Public Law 101–624" after "note". Former par. (4) redesignated (3).

Subsec. (b)(5), (6). Pub. L. 115–334, §12410(b)(1)(B), (D), redesignated par. (6) as (5) and substituted "3831 et seq." for "3831–3836". Former par. (5) redesignated (4).

Subsec. (c). Pub. L. 115–334, §12410(b)(2), substituted "paragraphs (1) and (3) of subsection (b)" for "paragraphs (1), (2), and (4) of subsection (b) and the program under subchapter C of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3837–3837f)" in introductory provisions.

Subsec. (c)(1), (2). Pub. L. 115–334, §12404(b)(1)(A), substituted "Farm" for "Consolidated Farm".

Subsec. (e)(2). Pub. L. 115–334, §12404(b)(1)(B), substituted "Farm" for "Consolidated Farm" in two places.

Subsec. (g). Pub. L. 115–334, §12410(a), added subsec. (g).

2002—Subsec. (b)(2). Pub. L. 107–171 substituted "forest land enhancement program" for "forestry incentive program".

1996—Subsec. (b)(1). Pub. L. 104–127, §336(d)(2)(A), redesignated par. (3) as (1) and struck out former par. (1) which read as follows: "The rural environmental conservation program under title X of the Agricultural Act of 1970 (16 U.S.C. 1501 et seq.)."

Subsec. (b)(2). Pub. L. 104–127, §336(b)(2)(B), (d)(2)(A)(ii), redesignated par. (4) as (2) and struck out former par. (2) which read as follows: "The Great Plains Conservation Program under section 16(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590p(b))."

Subsec. (b)(3). Pub. L. 104–127, §336(d)(2)(A)(ii), redesignated par. (5) as (3). Former par. (3) redesignated (1).

Subsec. (b)(4). Pub. L. 104–127, §336(c)(3), (d)(2)(A)(ii), redesignated par. (6) as (4) and substituted "measures" for "program". Former par. (4) redesignated (2).

Subsec. (b)(5). Pub. L. 104–127, §336(d)(2)(A)(ii), redesignated par. (7) as (5). Former par. (5) redesignated (3).

Subsec. (b)(6). Pub. L. 104–127, §336(a)(2)(D), (d)(2)(A)(ii), redesignated par. (8) as (6) and struck out before period at end "and the agricultural conservation program under the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590g et seq.)". Former par. (6) redesignated (4).

Subsec. (b)(7), (8). Pub. L. 104–127, §336(d)(2)(A)(ii), redesignated pars. (7) and (8) as (5) and (6), respectively.

Subsec. (c). Pub. L. 104–127, §336(d)(2)(B), in introductory provisions, substituted "(1), (2), and (4)" for "(2), (3), (4), and (6)".