§ 2201. — Establishment of Department.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2201]
TITLE 7--AGRICULTURE
CHAPTER 55--DEPARTMENT OF AGRICULTURE
Sec. 2201. Establishment of Department
There shall be at the seat of government a Department of
Agriculture, the general design and duties of which shall be to acquire
and to diffuse among the people of the United States useful information
on subjects connected with agriculture, rural development, aquaculture,
and human nutrition, in the most general and comprehensive sense of
those terms, and to procure, propagate, and distribute among the people
new and valuable seeds and plants.
(R.S. Sec. 520; Pub. L. 92-419, title VI, Sec. 603(a), Aug. 30, 1972, 86
Stat. 675; Pub. L. 95-113, title XV, Sec. 1502(a), Sept. 29, 1977, 91
Stat. 1021.)
Codification
R.S. Sec. 520 derived from act May 15, 1862, ch. 72, Sec. 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, Sec. 1, Sept. 6, 1966, 80 Stat. 378.
Amendments
1977--Pub. L. 95-113 inserted references to aquaculture and human
nutrition.
1972--Pub. L. 92-419 substituted ``agriculture and rural
development'' and ``those terms'' for ``agriculture'' and ``that word'',
respectively.
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.
Short Title of 1997 Amendment
Pub. L. 105-113, Sec. 1, Nov. 21, 1997, 111 Stat. 2274, provided
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, Sec. 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 Organization 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
Act Aug. 3, 1956, Sec. 1, provided that: ``This Act [enacting
sections 428a, 1040, 2228, 2229 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 Agriculture Organic Act of 1956'.''
Establishment of Personnel Ceiling for Fiscal Years 1982, 1983, and 1984
Pub. L. 97-35, title I, Sec. 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 Agriculture 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.''
Transfer of Functions From Secretary of Interior to Secretary of
Agriculture
Pub. L. 86-509, June 11, 1960, 74 Stat. 205, which enacted
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 respect 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
national 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 section 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 privately 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 section 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 respect 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 exchanged 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 involving 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 dispose 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 Secretary 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 approves 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 minerals 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 subsection (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 character.
``(b) Nothing in this Act shall be construed to authorize the
Secretary of Agriculture to determine or adjudicate 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 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 subsection (h) of
section 1 hereof of national forest lands reserved from the public
domain shall, upon recommendation 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 amended Oct.
15, 1982, Pub. L. 97-325, Sec. 8(d), 96 Stat. 1606; Oct. 13,
1994, Pub. L. 103-354, title II, Sec. 218(e)(1), 108 Stat. 3213
Prepared by the President and transmitted to the Senate and the House of
Representatives in Congress assembled, 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 employees, of the Department of Agriculture.
(b) This section shall not apply to the functions vested 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 Department
of Agriculture, (2) the boards of directors and officers 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
administration.
Sec. 2. Assistant Secretaries of Agriculture
[Repealed. Pub. L. 103-354, title II, Sec. 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, Sec. 8(d), Oct. 15, 1982, 96 Stat. 1606.
Section authorized the appointment of an Administrative Assistant
Secretary of Agriculture. See section 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 appropriate authorizing the performance by
any other officer, or by any agency or employee, of the Department of
Agriculture of any function of the Secretary, including any function
transferred to the Secretary by the provisions of this reorganization
plan.
(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 constituent organizational units of the Department of
Agriculture, now or hereafter existing, or to the heads or other
officers thereof, and to the extent deemed practicable by the Secretary,
he shall give appropriate advance public notice of delegations of
functions proposed to be made by him and shall afford appropriate
opportunity 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 Agriculture of any of the records,
property, and personnel affected by this reorganization plan and such
transfers of unexpended balances (available or to be made available 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 unexpended balances so transferred shall be used only for the
purposes for which such appropriation was originally made.
Section Referred to in Other Sections
This section is referred to in section 3125a of this title; title 20
section 196.
