Rule2026-07088
Delegations of Authority
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 13, 2026
Effective
April 13, 2026
Issuing agencies
Agriculture Department
Abstract
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 described below.
Full Text
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<title>Federal Register, Volume 91 Issue 70 (Monday, April 13, 2026)</title>
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[Federal Register Volume 91, Number 70 (Monday, April 13, 2026)]
[Rules and Regulations]
[Pages 18767-18769]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07088]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 91, No. 70 / Monday, April 13, 2026 / Rules
and Regulations
[[Page 18767]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 2
RIN 0503-AA91
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 described below.
DATES: Effective April 13, 2026.
FOR FURTHER INFORMATION CONTACT: Anika Rennie, Office of the General
Counsel, (667) 967-0621, <a href="/cdn-cgi/l/email-protection#5e3f3037353f702c3b3030373b1e2b2d3a3f70393128"><span class="__cf_email__" data-cfemail="d1b0bfb8bab0ffa3b4bfbfb8b491a4a2b5b0ffb6bea7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This rule makes several changs to the United
States Department of Agriculture's (USDA) delegations of authority in 7
CFR part 2 by adding new delegations and modifying or removing several
existing delegations.
Overview of Changes
First, this rule codifies into the Code of Federal Regulations
(CFR) any delegation of authority previously issued by the Secretary
through a Secretary's Memorandum (SM) that has not yet been codified.
These include:
<bullet> SM 1077-012: This SM delegated to the Administrator of the
Risk Management Agency (RMA) the authority of the Secretary under
section 1473A of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3319a). This delegation allows
the Administrator of RMA to enter into cost-reimbursable agreements to
improve the efficiency and effectiveness of Federal programs in support
of the Federal Crop Insurance Program. To the extent to which RMA
entered into any such agreements after the expiration of the SM, such
agreements are ratified in full.
<bullet> SM 1078-018: This SM delegated to the Assistant Secretary
for Administration the authority under the Service First initiative to
create a co-location program for Federal offices and facilities leased
by USDA to further the Administration's Return-to-Office initiative and
promote customer service and efficiency. This delegation also allows
all agencies and staff offices of the USDA to use the Service First
initiative to exercise the authority necessary to participate in the
co-location program.
Second, this rule makes other changes to the published delegations
consistent with existing SMs. On February 13, 2025, the Secretary
rescinded all Diversity, Equity, Inclusion, and Accessibility programs,
including the Special Emphasis Programs (SEP), and instructed the
Department to reprioritize unity, equality, meritocracy, and color-
blind policies. See SM 1078-001. In accordance with that instruction,
this rule rescinds the delegations to the Assistant Secretary for
Administration (Sec. 2.24(a)(4)(xv)) and the Director, Office of Human
Resources Management (Sec. 2.91(a)(15)) to provide for diversity and
inclusion through SEP programs and administering a Federal Equal
Opportunity Recruitment Program.
Third, this rule makes technical changes to correct outdated
citations or references. For example, it revises Sec. 2.31(a)(7)) to
update the reference from the General Accounting Office to the
Government Accountability Office (GAO). Additionally, Section 315 of
the Expanding Public Lands Outdoor Recreation Experiences (EXPLORE)
Act, Public Law 118-234, repealed the Department's Service First
authority at 43 U.S.C. 1703 and re-enacted it with revisions in 16
U.S.C. 8544(b). This rule updates the citation to the Service First
authority accordingly throughout 7 CFR part 2. It also fixes a citation
to title VI of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act for the Chief of the Forest Service. Finally, this rule
updates references to the Defense Production Act of 1950, as it has
been recodified from an Appendix to chapter 55 in title 50, U.S. Code.
Fourth, this rule makes new delegations consistent with activities
already underway at the Department. For example, this rule delegates
authority to administer Section 9003(h) and (j) of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 8103(h) and (j)), as added
by Sections 22001 (Powering Affordable Clean Energy, or ``PACE'') and
22004 (Empowering Rural America, or ``New ERA'') of the Inflation
Reduction Act, Public Law 117-169 (Aug. 16, 2022), to the Administrator
of the Rural Utilities Service (RUS). Section 9003 otherwise remains
delegated to the administrator of the Rural Business-Cooperative
Service. Similarly, this rule delegates the various authorities of the
Secretary in the Expanding Public Lands Outdoor Recreation Experiences
(EXPLORE) Act, Public Law 118-234, and the National Forest System
Trails Stewardship Act, 16 U.S.C. 583k et seq., to the Chief of the
Forest Service. To the extent to which RUS or the Forest Service have
already undertaken activities consistent with those statutory
authorities, such activities are ratified in full.
Finally, this rule modifies or removes several existing
delegations. First, it removes the designation of the Inspector General
as the liaison official for the Department for all audits of USDA
performed by GAO. That administrative function will be reassigned in
the Department. Second, this rule moves the delegation of authority to
administer the Agricultural Foreign Investment Disclosure Act of 1978
(7 U.S.C. 3501 et seq.) from the Under Secretary for Farm Production
and Conservation and the Administrator of the Farm Service Agency to
the Assistant Secretary for Administration. Third, this rule moves
various administration and coordination functions related to the
Defense Production Act of 1950 (50 U.S.C. 4501 et seq.), the
Agriculture Priorities and Allocations System (7 CFR part 789), and
several related Executive Orders from the Under Secretary for Farm
Production and Conversation (FPAC), the Chief Operating Officer of the
FPAC Business Center, and the Administrator of Farm Service Agency to
the Assistant Secretary for Administration and the Executive Director
of the Office of Homeland Security. Finally, the rule moves various
legislative and regulatory reporting and related activities from the
Director, Office of Budget and Program Analysis, to the General
Counsel.
[[Page 18768]]
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, as amended.
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.
0
2. In part 2, remove the text ``50 U.S.C. App. 2061 et seq.'' or ``50
U.S.C. App. 2061, et seq.'', wherever it appears, and add, in its
place, the text ``50 U.S.C. 4501 et seq.''.
Subpart C--Delegations of Authority to the Deputy Secretary, Under
Secretaries, and Assistant Secretaries
0
3. Amend Sec. 2.16 by:
0
a. Removing and reserving paragraph (a)(1)(xii).
0
b. Adding paragraph (a)(4)(xi).
0
c. Removing and reserving paragraph (a)(6)(ii).
The addition reads as follows:
Sec. 2.16 Under Secretary for Farm Production and Conservation.
(a) * * *
(4) * * *
(xi) Enter into cost-reimbursable agreements with State cooperative
institutions or other colleges and universities without regard to any
requirement for competition, for the acquisition of goods or services,
including personal services, to carry out agricultural research,
extension, or teaching activities of mutual interest. (7 U.S.C. 3319a).
* * * * *
0
4. Amend Sec. 2.17 by adding paragraph (a)(20)(xvi) to read as
follows:
Sec. 2.17 Under Secretary for Rural Development.
(a) * * *
(20) * * *
(xvi) Administer section 9003(h) and (j) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8103(h) and (j)).
* * * * *
0
5. Amend Sec. 2.20 by adding paragraphs (a)(2)(lvii) and (a)(2)(lviii)
to read as follows:
Sec. 2.20 Under Secretary for Natural Resources and Environment.
(a) * * *
(2) * * *
(lvii) Carry out the functions of the Secretary of Agriculture
authorized in the EXPLORE Act, Public Law 118-234, except as otherwise
indicated in such Act.
(lviii) Carry out the functions of the Secretary of Agriculture
authorized in the National Forest Systems Trails Stewardship Act (16
U.S.C. 583k et seq.).
* * * * *
0
6. Amend Sec. 2.24 by removing and reserving paragraph (a)(4)(xv) and
by adding paragraphs (a)(6)(ii)(J), (a)(7), (a)(8)(x)(N), and
(a)(8)(x)(O) to read as follows:
Sec. 2.24 Assistant Secretary for Administration.
(a) * * *
(6) * * *
(ii) * * *
(J) Create the co-location program in Federal offices and
facilities leased by USDA or the U.S. Department of the Interior (DOI),
in support of the Service First initiative, for the purpose of
promoting customer service and efficiency, including allowing all
agencies and staff offices of USDA to use the Service First initiative
to exercise the authority necessary to participate in the co-location
program (16 U.S.C. 8544(b)).
* * * * *
(7) Administer the Agricultural Foreign Investment Disclosure Act
of 1978 (7 U.S.C. 3501 et seq.), except those functions delegated in
Sec. 2.21(a)(8)(xi).
(8) * * *
(x) * * *
(N) Administer functions delegated by the President to the
Secretary under Executive Order 13603, ``National Defense Resources
Preparedness'', Executive Order 12742, ``National Security Industrial
Responsiveness'', Executive Order 13917, ``Delegating Authority Under
the Defense Production Act with Respect to Food Supply Chain Resources
During the National Emergency Caused by the Outbreak of COVID-19'',
Executive Order 12656, ``Assignment of Emergency Preparedness
Responsibilities'', Executive Order 14387, ``Promoting the National
Defense by Ensuring an Adequate Supply of Elemental Phosphorous and
Glyphosate-Based Herbicides'', or any successor or similar executive
orders.
(O) Administer, coordinate, and implement the Agriculture
Priorities and Allocations System (7 CFR part 789) under the Defense
Production Act of 1950 (50 U.S.C. 4501 et seq.).
* * * * *
0
7. Amend Sec. 2.30 by revising paragraphs (a)(1), (a)(3), and (a)(6)
to read as follows:
Sec. 2.30 Director, Office of Budget and Program Analysis.
(a) * * *
(1) Serve as the Department's Budget Officer and exercise general
responsibility and authority for all matters related to the
Department's budgeting affairs, including all phases of the budget
formulation and execution processes involving the resource
administration of funds and staff years.
* * * * *
(3) Formulate and promulgate Departmental budgetary policies and
procedures, including guidance on the development of appropriations-
related legislative proposals.
* * * * *
(6) Review and analyze legislation and policy options to determine
their impact on USDA programs and policy objectives and on the
Department's budget.
* * * * *
Subpart D--Delegations of Authority to Other General Officers and
Agency Heads
0
8. Amend Sec. 2.31 by revising paragraph (a)(7) and adding paragraph
(e) to read as follows:
Sec. 2.31 General Counsel.
(a) * * *
(7) Represent the Department in connection with legal issues that
arise in its relations with the Congress, the Government Accountability
Office, or other agencies of the Government.
* * * * *
[[Page 18769]]
(e) Related to legislative and regulatory reporting. Conduct
legislative and regulatory reporting and related activities, including:
(1) Formulation and promulgation of Departmental legislative and
regulatory policies and procedures.
(2) Review and analysis of regulations to determine their impact on
USDA programs and policy objectives.
Sec. 2.33 [Amended]
0
9. Amend Sec. 2.33 by removing and reserving paragraph (a)(3).
Subpart F--Delegations of Authority by the Under Secretary for Farm
Production and Conservation
0
10. Amend Sec. 2.42 by revising paragraph (a)(5) and by removing and
reserving paragraph (a)(14) to read as follows:
Sec. 2.42 Administrator, Farm Service Agency.
(a) * * *
(5) Administer responsibilities and functions assigned under the
Defense Production Act of 1950, as amended (50 U.S.C. 4501 et seq.),
and title VI of the Robert T. Stafford Disaster Relief and Assistance
Act (42 U.S.C. 5195 et seq.), relating to crop and animal production
and financing farm and ranch operations.
* * * * *
0
11. Amend Sec. 2.44 by adding paragraph (a)(11) to read as follows:
Sec. 2.44 Administrator, Risk Management Agency and Manager, Federal
Crop Insurance Corporation.
(a) * * *
(11) Enter into cost-reimbursable agreements with State cooperative
institutions or other colleges and universities without regard to any
requirement for competition, for the acquisition of goods or services,
including personal services, to carry out agricultural research,
extension, or teaching activities of mutual interest. (7 U.S.C. 3319a).
* * * * *
Subpart G--Delegations of Authority by the Under Secretary for
Rural Development
0
12. Amend Sec. 2.47 by adding paragraph (a)(20) to read as follows:
Sec. 2.47 Administrator, Rural Utilities Service.
(a) * * *
(20) Administer section 9003(h) and (j) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8103(h) and (j)).
* * * * *
Subpart J--Delegations of Authority by the Under Secretary for
Natural Resources and Environment
0
13. Amend Sec. 2.60 by revising paragraph (a)(34) and by adding
paragraphs (a)(66) and (a)(67) to read as follows:
Sec. 2.60 Chief, Forest Service.
(a) * * *
(34) Administer responsibilities and functions assigned under the
Defense Production Act of 1950, as amended (50 U.S.C. 4501 et seq.),
and title VI of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5195 et seq.), relating to forests and forest
products, rural fire defense, and forestry research.
* * * * *
(66) Carry out the functions of the Secretary of Agriculture
authorized in the EXPLORE Act, Public Law 118-234, except as otherwise
indicated in such Act.
(67) Carry out the functions of the Secretary of Agriculture
authorized in the National Forest Systems Trails Stewardship Act (16
U.S.C. 583k et seq.).
* * * * *
Subpart P--Delegations of Authority by the Assistant Secretary for
Administration
Sec. 2.91 [Amended]
0
14. Amend Sec. 2.91 by removing and reserving paragraph (a)(15).
0
15. Amend Sec. 2.95 by adding paragraphs (b)(10)(xiv) and (b)(10)(xv)
to read as follows:
Sec. 2.95 Executive Director, Office of Homeland Security.
* * * * *
(b) * * *
(10) * * *
(xiv) Administer functions delegated by the President to the
Secretary under Executive Order 13603, ``National Defense Resources
Preparedness'', Executive Order 12742, ``National Security Industrial
Responsiveness'', Executive Order 13917, ``Delegating Authority Under
the Defense Production Act with Respect to Food Supply Chain Resources
During the National Emergency Caused by the Outbreak of COVID-19'',
Executive Order 12656, ``Assignment of Emergency Preparedness
Responsibilities'', Executive Order 14387, ``Promoting the National
Defense by Ensuring an Adequate Supply of Elemental Phosphorous and
Glyphosate-Based Herbicides'', or any successor or similar executive
orders.
(xv) Administer, coordinate, and implement the Agriculture
Priorities and Allocations System (7 CFR part 789) under the Defense
Production Act of 1950 (50 U.S.C. 4501 et seq.).
* * * * *
Sec. Sec. 2.16, 2.20, 2.41, 2.42, 2.43, 2.44, and 2.60 [Amended]
0
16. In addition to the amendments set forth above, in 7 CFR part 2,
remove the text ``43 U.S.C. 1703'' and add, in its place, the text ``16
U.S.C. 8544(b)'' in the following places:
0
a. Section 2.16(a)(12);
0
b. Section 2.20(a)(2)(xxxix);
0
c. Section 2.41(a)(7);
0
d. Section 2.42(a)(31);
0
e. Section 2.43(a)(5);
0
f. Section 2.44(a)(10); and
0
g. Section 2.60(a)(48).
Stephen Vaden,
Deputy Secretary, U.S. Department of Agriculture.
[FR Doc. 2026-07088 Filed 4-10-26; 8:45 am]
BILLING CODE 3410-90-P
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