7 U.S.C. § 2201 — Establishment of Department

Page 1427 TITLE 7—AGRICULTURE § 2201 Sec. 2250a. Erection of buildings and other structures on non-Federal lands; duration of use of such lands; removal of structures after termi- nation of use; availability of funds for ex- penses of acquiring long-term leases or other agreements. 2250b. Nonrecurring expenses fund. 2251. Reimbursement of Production and Marketing Administration appropriations for expenses of maintaining registers of indebtedness and making set-offs. 2252. Reimbursement of Production and Marketing Administration appropriations for costs of procuring agricultural commodities for nongovernmental agencies or foreign gov- ernments. 2253. Adjustment by Secretary of titles to lands ac- quired by Government and subject to his control. 2254. Operation, maintenance and purchase of air- craft by Agricultural Research Service; construction and repair of buildings. 2254a. Availability of funds appropriated for Agri- cultural Research Service for research re- lated to tobacco or tobacco products. 2254b. Availability of funds appropriated for Agri- cultural Research Service for research re- lated to tobacco or tobacco products; excep- tion. 2254c. Research. 2255. Membership in International Wheat Advisory Committee, International Sugar Council, etc. 2255a. Financial assistance to national and inter- national conferences. 2255b. Department of Agriculture conference trans- parency. 2256. Inspections, analyses, and tests for other Government departments and agencies; re- imbursement. 2257. Interchangeability of funds for miscellaneous expenses and general expenses. 2258. Purchase of newspapers. 2259. Market-inspection certificates as prima facie evidence. 2260, 2260a. Repealed. 2261. Credit of donations and proceeds from exhibi- tions to appropriations concerned with for- eign market development programs. 2262. Employee liability insurance on motor vehi- cles in foreign countries. 2262a. Overseas tort claims. 2263. Transfer of funds. 2264. National Agricultural Library; acceptance of gifts, bequests, or devises; conditional gifts. 2265. Deposit of money accepted for benefit of Na- tional Agricultural Library; disbursement. 2266. Congressional reaffirmation of policy to fos- ter and encourage family farms. 2266a. Century Farms program. 2266b. Eligibility for operators on heirs property land to obtain a farm number. 2267. Repealed. 2268. Public lands; relinquishment. 2268a. Acquisition of land; options. 2269. Gifts of property; acceptance and administra- tion by Secretary of Agriculture; Federal tax law consideration; separate fund in Treasury; regulations. 2270. Authority of Office of Inspector General. 2270a. Office of Inspector General; transfer of for- feiture funds for law enforcement activities. 2270b. Department of Agriculture Inspector General investigation of Forest Service firefighter deaths. 2270c. Submission of results. 2271. Marketing education programs for small and medium size family farm operations. 2271a. Advanced marketing training for farmers and ranchers. Sec. 2272. Volunteers for Department of Agriculture programs. 2272a. Funds for incidental expenses and pro- motional items relating to volunteers. 2273. Local search and rescue operations. 2274. Firearm authority of employees engaged in animal quarantine enforcement. 2274a. Firearm authority of employees conducting field work in remote locations. 2275. Repealed. 2276. Confidentiality of information. 2277. Contracts by Animal and Plant Health In- spection Service for services to be per- formed abroad. 2278. Consistency with international obligations of United States. 2279. Farming opportunities training and outreach. 2279–1. Transparency and accountability for socially disadvantaged farmers and ranchers. 2279–2. Report of civil rights complaints, resolutions, and actions. 2279a. Fair and equitable treatment of socially dis- advantaged producers. 2279b. Department of Agriculture educational, training, and professional development ac- tivities. 2279c. Student internship programs. 2279d. Compensatory damages in claims under Reha- bilitation Act of 1973. 2279e. Civil penalty. 2279f. Subpoena authority. 2279g. Marketing services; cooperative agreements. 2279h. Cross-servicing activities of National Finance Center. 2279i. Cooperation with State and other agencies; expenditures. 2279j. Conversion authority. 2279k. Authorization of protection operations for the Secretary of Agriculture and others. 2279l. National Detector Dog Training Center. § 2201. Establishment of Department There shall be at the seat of government a De- partment of Agriculture, the general design and duties of which shall be to acquire and to diffuse among the people of the United States useful in- formation on subjects connected with agri- culture, rural development, aquaculture, and human nutrition, in the most general and com- prehensive sense of those terms, and to procure, propagate, and distribute among the people new and valuable seeds and plants. (R.S. § 520; Pub. L. 92–419, title VI, § 603(a), Aug. 30, 1972, 86 Stat. 675; Pub. L. 95–113, title XV, § 1502(a), Sept. 29, 1977, 91 Stat. 1021.) Editorial Notes CODIFICATION R.S. § 520 derived from act May 15, 1862, ch. 72, § 1, 12 Stat. 387. Section was formerly classified to section 511 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. AMENDMENTS 1977—Pub. L. 95–113 inserted references to aqua- culture and human nutrition. 1972—Pub. L. 92–419 substituted ‘‘agriculture and rural development’’ and ‘‘those terms’’ for ‘‘agri- culture’’ and ‘‘that word’’, respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of this title. Page 1428 TITLE 7—AGRICULTURE § 2201 SHORT TITLE OF 2024 AMENDMENT Pub. L. 118–191, § 1, Dec. 23, 2024, 138 Stat. 2658, pro- vided that: ‘‘This Act [enacting section 2279l of this title] may be cited as the ‘Beagle Brigade Act of 2023’.’’ SHORT TITLE OF 1997 AMENDMENT Pub. L. 105–113, § 1, Nov. 21, 1997, 111 Stat. 2274, pro- vided that: ‘‘This Act [enacting section 2204g of this title, amending sections 1991 and 2276 of this title and section 9 of Title 13, Census, repealing section 142 of Title 13, and enacting provisions set out as a note under section 1991 of this title] may be cited as the ‘Census of Agriculture Act of 1997’.’’ SHORT TITLE OF 1980 AMENDMENT Pub. L. 96–355, § 1, Sept. 24, 1980, 94 Stat. 1171, provided that: ‘‘This Act [enacting sections 2204b and 2211b of this title, amending sections 1926, 2204, 2204a, 2663, and 2667 of this title, section 5314 of Title 5, Government Or- ganization and Employees, and section 3122 of Title 42, The Public Health and Welfare, and enacting provisions set out as a note under section 2204b of this title] may be cited as the ‘Rural Development Policy Act of 1980’.’’ SHORT TITLE OF 1956 AMENDMENT Act Aug. 3, 1956, ch. 950, § 1, 70 Stat. 1032, provided that: ‘‘This Act [enacting sections 1040, 2228, 2229, 2268a, and 2333 of this title, and sections 579b and 590h–4 of Title 16, Conservation, and amending sections 1004, 1392, 1516, and 1766 of this title, sections 590k and 590n of Title 16, and sections 114a and 114c of Title 21, Food and Drugs] may be cited as the ‘Department of Agri- culture Organic Act of 1956’.’’ SHORT TITLE This section popularly known as the ‘‘Department of Agriculture Organic Act’’. ESTABLISHMENT OF PERSONNEL CEILING FOR FISCAL YEARS 1982, 1983, AND 1984 Pub. L. 97–35, title I, § 125, Aug. 13, 1981, 95 Stat. 369, provided that: ‘‘Notwithstanding any other provision of law, the total full-time equivalent staff year personnel ceiling for the United States Department of Agri- culture shall not exceed one hundred and seventeen thousand staff years (including overtime) for each of the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984.’’ Executive Documents TRANSFER OF FUNCTIONS FROM SECRETARY OF INTERIOR TO SECRETARY OF AGRICULTURE Pub. L. 86–509, June 11, 1960, 74 Stat. 205, which en- acted provisions of Reorganization Plan Numbered 1 of 1959, provided: ‘‘That, except as otherwise provided in section 2 hereof, the following functions are hereby transferred to the Secretary of Agriculture: ‘‘(a) The functions of the Secretary of the Interior under the Act of March 20, 1922, 42 Stat. 465, as amended (16 U.S.C. 485, 486), with respect to exchanges of non- Federal lands for national forest lands or timber. ‘‘(b) The functions of the Secretary of the Interior under the Act of February 2, 1922 (42 Stat. 362), with re- spect to exchanges of lands in private ownership within or within six miles of the Deschutes National Forest for national forest lands, or for timber from any na- tional forest, in the State of Oregon. ‘‘(c) The functions of the Secretary of the Interior under the Act of June 7, 1924 (43 Stat. 643), except sec- tion 2 thereof, with respect to exchanges of privately owned lands for national forest timber in New Mexico. ‘‘(d) The functions of the Secretary of the Interior under the Act of January 12, 1925 (43 Stat. 739), except section 2 thereof, with respect to exchanges of pri- vately owned lands for national forest timber in New Mexico. ‘‘(e) The functions of the Secretary of the Interior under the Act of April 21, 1926 (44 Stat. 303), except sec- tion 2 thereof, with respect to exchanges of privately owned lands for national forest lands or timber in New Mexico and Arizona. ‘‘(f) The functions of the Secretary of the Interior under section 2 of the Act of May 26, 1926 (44 Stat. 655; 16 U.S.C. 38), with respect to exchanges of lands held in private or State ownership for national forest lands or timber in Montana. ‘‘(g) The functions of the Secretary of the Interior under the Act of June 15, 1926 (44 Stat. 746), with re- spect to exchanges of State lands for national forest lands in New Mexico. ‘‘(h) The functions of the Secretary of the Interior under the Act of December 7, 1942 (56 Stat. 1042), with respect to exchange transactions in which lands under the jurisdiction of the Secretary of Agriculture are ex- changed for State lands in Minnesota which are to be under the jurisdiction of the Secretary of Agriculture after their acquisition by the United States. ‘‘(i) The function of the Secretary of the Interior (originally vested in the Commissioner of the General Land Office) under section 6 of the Act of April 28, 1930 (46 Stat. 257; 43 U.S.C. 872), with respect to execution of quitclaim deeds for lands conveyed to the United States in connection with exchange transactions in- volving lands under the jurisdiction of the Secretary of Agriculture. ‘‘(j) The functions of the Secretary of the Interior under section 2(b) of the Joint Resolution of August 8, 1947 (61 Stat. 921), with respect to appraisals and sales of certain lands within the Tongass National Forest. ‘‘(k) The functions of the Secretary of the Interior under section 10 of the Act of March 1, 1911 (36 Stat. 962; 16 U.S.C. 519), with respect to sales of small tracts of acquired national forest lands found chiefly valuable for agriculture. ‘‘(l) The functions of the Secretary of the Interior under section 402 of Reorganization Plan Numbered 3 of 1946 (60 Stat. 1099), section 3 of the Act of September 1, 1949 (63 Stat. 683; 30 U.S.C. 192c), the Act of June 30, 1950 (64 Stat. 311; 16 U.S.C. 508b), section 3 of the Act of June 28, 1952 (66 Stat. 285), or otherwise, with respect to the use and disposal from lands under the jurisdiction of the Secretary of Agriculture of those mineral materials which the Secretary of Agriculture is authorized to dis- pose of from other lands under his jurisdiction under the Act of July 31, 1947 (61 Stat. 681), as amended by the Act of July 23, 1955 (69 Stat. 367; 30 U.S.C. 601 and the following). ‘‘SEC. 2(a). In no case covered by subsections (a), (b), (e), (g), and (h) of section 1 hereof shall the exchange provide for the patenting of land by the United States without a reservation of minerals (1) unless the Sec- retary of Agriculture has obtained the advice of the Secretary of the Interior that the land is nonmineral in character, or (2) unless the Secretary of the Interior ap- proves of the valuation and disposition of the minerals in the lands to be patented. A sale of land covered by subsection (j) of section 1 hereof shall be made by the Secretary of Agriculture without a reservation of min- erals only after consultation with, and the approval of, the Secretary of the Interior as to the valuation and disposition of the minerals. No lands of the United States shall be exchanged in any case covered by sub- section (f) of section 1 hereof unless the Secretary of Agriculture has obtained the advice of the Secretary of the Interior that such lands are nonmineral in char- acter. ‘‘(b) Nothing in this Act shall be construed to author- ize the Secretary of Agriculture to determine or adju- dicate the validity or invalidity of any mining claim or part thereof. ‘‘(c) Nothing in subsection (1) of section 1 hereof shall be construed to authorize the Secretary of Agriculture to dispose of coal, phosphate, sodium, potassium, oil, oil shale, gas, or sulfur, or to dispose of any minerals which would be subject to disposal under the mining laws if said laws were applicable to the lands in which the minerals are situated. ‘‘(d) Upon approval by the Secretary of Agriculture pursuant to the provisions of this Act of any exchange Page 1429 TITLE 7—AGRICULTURE § 2203 or sale, respectively, of national forest lands under the provisions of law referred to in subsections (a), (b), (e), (f), (g), and (j) of section 1, hereof, the Secretary of the Interior, upon the recommendation of the Secretary of Agriculture, shall issue the patent therefor. ‘‘(e) All conveyances under the Act referred to in sub- section (h) of section 1 hereof of national forest lands reserved from the public domain shall, upon rec- ommendation of the Secretary of Agriculture, be made by the Secretary of the Interior.’’ REORGANIZATION PLAN NO. 2 OF 1953 Eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, as amend- ed Oct. 15, 1982, Pub. L. 97–325, § 8(d), 96 Stat. 1606; Oct. 13, 1994, Pub. L. 103–354, title II, § 218(e)(1), 108 Stat. 3213 Prepared by the President and transmitted to the Sen- ate and the House of Representatives in Congress as- sembled, March 25, 1953, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949, as amended [see 5 U.S.C. 901 et seq.]. DEPARTMENT OF AGRICULTURE SECTION 1. TRANSFER OF FUNCTIONS TO THE SECRETARY (a) Subject to the exceptions specified in subsection (b) of this section, there are hereby transferred to the Secretary of Agriculture all functions not now vested in him of all other officers, and of all agencies and em- ployees, of the Department of Agriculture. (b) This section shall not apply to the functions vest- ed by the Administrative Procedure Act (5 U.S.C. 1001 et seq.) [5 U.S.C. 551 et seq. and 701 et seq.] in hearing examiners employed by the Department of Agriculture nor to the functions of (1) corporations of the Depart- ment of Agriculture, (2) the boards of directors and offi- cers of such corporations, (3) the Advisory Board of the Commodity Credit Corporation, or (4) the Farm Credit Administration or any agency, officer, or entity of, under, or subject to the supervision of the said adminis- tration. SEC. 2. ASSISTANT SECRETARIES OF AGRICULTURE [Repealed. Pub. L. 103–354, title II, § 218(e)(1), Oct. 13, 1994, 108 Stat. 3213. Section authorized the appointment of two additional Assistant Secretaries of Agriculture. See section 6918 of this title.] SEC. 3. ADMINISTRATIVE ASSISTANT SECRETARY [Repealed. Pub. L. 97–325, § 8(d), Oct. 15, 1982, 96 Stat. 1606. Section authorized the appointment of an Admin- istrative Assistant Secretary of Agriculture. See sec- tion 2212c of this title.] SEC. 4. DELEGATION OF FUNCTIONS (a) The Secretary of Agriculture may from time to time make such provisions as he shall deem appro- priate authorizing the performance by any other offi- cer, or by any agency or employee, of the Department of Agriculture of any function of the Secretary, includ- ing any function transferred to the Secretary by the provisions of this reorganization plan. (b) To the extent that the carrying out of subsection (a) of this section involves the assignment of major functions or major groups of functions to major con- stituent organizational units of the Department of Ag- riculture, now or hereafter existing, or to the heads or other officers thereof, and to the extent deemed prac- ticable by the Secretary, he shall give appropriate ad- vance public notice of delegations of functions proposed to be made by him and shall afford appropriate oppor- tunity for interested persons and groups to place before the Department of Agriculture their views with respect to such proposed delegations. (c) In carrying out subsection (a) of this section the Secretary shall seek to simplify and make efficient the operation of the Department of Agriculture, to place the administration of farm programs close to the State and local levels, and to adapt the administration of the programs of the Department to regional, State, and local conditions. SEC. 5. INCIDENTAL TRANSFERS The Secretary of Agriculture may from time to time effect such transfers within the Department of Agri- culture of any of the records, property, and personnel affected by this reorganization plan and such transfers of unexpended balances (available or to be made avail- able for use in connection with any affected function or agency) of appropriations, allocations, and other funds of such Department, as he deems necessary to carry out the provisions of this reorganization plan; but such un- expended balances so transferred shall be used only for the purposes for which such appropriation was origi- nally made. § 2202. Executive Department; Secretary The Department of Agriculture shall be an ex- ecutive department, under the supervision and control of a Secretary of Agriculture, who shall be appointed by the President, by and with the advice and consent of the Senate. The provisions of title 4 of the Revised Statutes, including all amendments thereto, shall be applicable to said department; and all laws and parts of laws relat- ing to the Department of Agriculture in exist- ence February 9, 1889, as far as the same are ap- plicable and not in conflict with this section, and only so far, are continued in full force and effect. (Feb. 9, 1889, ch. 122, §§ 1, 4, 25 Stat. 659.) Editorial Notes REFERENCES IN TEXT Title 4 of the Revised Statutes, referred to in text, was entitled ‘‘Provisions Applicable to All Executive Departments, and consisted of R.S. §§ 158 to 198. For provisions of the Code derived from such title 4, see sec- tions 101, 301, 303, 304, 503, 2952, 3101, 3106, 3341, 3345 to 3349, 5535, 5536 of Title 5, Government Organization and Employees; section 207 of Title 18, Crimes and Criminal Procedure; sections 514, 520 of Title 28, Judiciary and Judicial Procedure; section 3321 of Title 31, Money and Finance. CODIFICATION Section was formerly classified to section 512 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. Executive Documents TRANSFER OF FUNCTIONS Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain ex- ceptions, to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title. ORDER OF SUCCESSION For order of succession during any period when both Secretary and Deputy Secretary of Agriculture are un- able to perform functions and duties of office of Sec- retary, see Ex. Ord. No. 13542, May 13, 2010, 75 F.R. 27921, listed in a table under section 3345 of Title 5, Govern- ment Organization and Employees. § 2203. Seal The Secretary of Agriculture is authorized and directed to procure a proper seal, with such suit-