USC Subchapter II

USC Subchapter II
in effect

7 U.S.C. § 6931 Under Secretary of Agriculture for Farm Production and Conservation

(a) AuthorizationThe Secretary is authorized to establish in the Department the position of Under Secretary of Agriculture for Farm Production and Conservation. (b) Confirmation requiredIf 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 11 So in original. Probably should be “Under Secretary”.The Under Secretary of Agriculture for Farm Production and Conservation shall perform such functions and duties as the Secretary shall prescribe. (d) SuccessionAny 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).

7 U.S.C. § 6932 Farm Service Agency

(a) EstablishmentThe Secretary is authorized to establish and maintain in the Department a Farm Service Agency. (b) FunctionsIf 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 (2) Repealed.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 functionsIn 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 generalUntil 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 generalWith 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 hardshipAfter 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 benefitsRules 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 authorizedIn 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) ExceptionNotwithstanding 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) CollocationTo 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 provisionFor 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.

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

(a) Temporary prohibition(1) In generalSubject 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) ExceptionParagraph (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) LimitationAfter 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) NoticeAfter 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.

7 U.S.C. § 6933 Office of Risk Management

(a) EstablishmentThe Secretary shall establish and maintain in the Department an independent Office of Risk Management. (b) Functions of Office of Risk ManagementThe 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) AppointmentThe Office of Risk Management shall be headed by an Administrator who shall be appointed by the Secretary. (2) ManagerThe Administrator of the Office of Risk Management shall also serve as Manager of the Federal Crop Insurance Corporation. (d) Resources(1) Functional coordinationCertain 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 provisionsNotwithstanding 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.

7 U.S.C. § 6934 Office of Partnerships and Public Engagement

(a) DefinitionsIn this section:(1) Beginning farmer or rancherThe term “beginning farmer or rancher” has the meaning given the term in section 1991(a) of this title. (2) OfficeThe term “Office” means the Office of Partnerships and Public Engagement established under this section. (3) Socially disadvantaged farmer or rancherThe term “socially disadvantaged farmer or rancher” has the meaning given the term in section 2279(e) 11 See References in Text note below. of this title. (b) Establishment and purpose(1) In generalThe 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) DirectorThe Office shall be headed by a Director, to be appointed by the Secretary from among the competitive service. (c) DutiesThe 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) EstablishmentThe Secretary shall establish within the Office the Socially Disadvantaged Farmers Group. (2) Outreach and assistanceThe 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 farmworkersThe 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 generalThe 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 DiversityThe 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) EstablishmentThe Secretary shall establish within the Office the Small Farms and Beginning Farmers and Ranchers Group. (2) Duties(A) Oversee officesThe 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 programThe 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 RanchersThe 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 dutiesThe 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) EstablishmentThe Secretary shall establish within the Office the position of Farmworker Coordinator (referred to in this subsection as the “Coordinator”). (2) DutiesThe 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 appropriationsThere 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.

7 U.S.C. § 6934a Beginning farmer and rancher coordination

(a) DefinitionsIn this section:(1) Beginning farmer or rancherThe term “beginning farmer or rancher” has the meaning given such term in section 2279(a) of this title. (2) National CoordinatorThe term “National Coordinator” means the National Beginning Farmer and Rancher Coordinator established under subsection (b)(1). (3) State coordinatorThe term “State coordinator” means a State beginning farmer and rancher coordinator designated under subsection (c)(1)(A). (4) State officeThe 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) EstablishmentThe Secretary shall establish in the Department the position of National Beginning Farmer and Rancher Coordinator. (2) Duties(A) In generalThe 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 dutiesAdditional 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) ReportsNot 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 agreementsIn 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) DesignationThe 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) RequirementsTo 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) TrainingThe 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) DutiesA 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.

7 U.S.C. § 6934b Agricultural Youth Organization Coordinator

(a) AuthorizationThe Secretary shall establish in the Department the position of Agricultural Youth Organization Coordinator. (b) DutiesThe 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 agreementsFor 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.

7 U.S.C. § 6936 Natural Resources Conservation Service

(a) EstablishmentThe Secretary is authorized to establish and maintain within the Department a Natural Resources Conservation Service. (b) FunctionsIf 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 functionsIn 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 authorizedIn 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) ExceptionNotwithstanding 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 provisionFor 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 generalThe 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) EmployeesThe 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) SunsetThe requirements under paragraphs (1) and (2) shall cease to be effective on September 30, 2023.

Starting a business? Corpus forms LLCs in all 50 states and DC.