US (United States) Code. Title 7. Chapter 85: Administration of evironmental programs

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Agriculture

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7 USC CHAPTER 85 - ADMINISTRATION OF ENVIRONMENTAL

PROGRAMS 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 85 - ADMINISTRATION OF ENVIRONMENTAL PROGRAMS

.

-HEAD-

CHAPTER 85 - ADMINISTRATION OF ENVIRONMENTAL PROGRAMS

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Sec.

5401. Establishment of Agricultural Council on Environmental

Quality.

(a) Establishment.

(b) Membership.

5402. Office of Agricultural Environmental Quality.

(a) Establishment.

(b) Director.

(c) Staff.

(d) Duties of Director.

5403. Environmental Quality Policy Statement.

(a) Environmental Quality Policy Statement,

implementation plan, and annual report.

(b) Implementation plan.

(c) Annual environmental quality report.

(d) Authorization of appropriations.

5404. Good Neighbor Environmental Board.

(a) Establishment.

(b) Purpose.

(c) Membership.

(d) Annual reports to President and Congress.

5405. Agricultural air quality research oversight.

(a) Findings.

(b) Purpose.

(c) Oversight coordination.

(d) Task force.

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7 USC Sec. 5401 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 85 - ADMINISTRATION OF ENVIRONMENTAL PROGRAMS

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Sec. 5401. Establishment of Agricultural Council on Environmental

Quality

-STATUTE-

(a) Establishment

The Secretary shall establish an Agricultural Council on

Environmental Quality in the Department of Agriculture (hereafter

in this chapter referred to as the ''Council''). The Council shall

be under the direct authority of the Secretary, and shall be

responsible for carrying out the provisions of this chapter, and

for coordination and direction of all environmental policies and

programs of the Department.

(b) Membership

Membership of the Council shall consist of the Secretary, the

Deputy Secretary, the Assistant Secretary for Natural Resources and

Environment, the Assistant Secretary for Science and Education,

other under and assistant secretaries as may be designated by the

Secretary, and the Director of the Office of Agricultural

Environmental Quality, established in section 5402 of this title,

who shall serve as the Executive Director of the Council. The

Secretary shall designate a member of the Council, other than the

Executive Director, as chair of the Council.

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(Pub. L. 101-624, title XIV, Sec. 1471, Nov. 28, 1990, 104 Stat.

3619.)

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7 USC Sec. 5402 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 85 - ADMINISTRATION OF ENVIRONMENTAL PROGRAMS

-HEAD-

Sec. 5402. Office of Agricultural Environmental Quality

-STATUTE-

(a) Establishment

The Secretary shall establish an Office of Agricultural

Environmental Quality in the Department of Agriculture (hereafter

in this chapter referred to as the ''Office'').

(b) Director

The Office shall be administered by a director who shall be

appointed by the Secretary. The Director shall be an individual who

has demonstrated technical expertise and experience in agricultural

and environmental matters.

(c) Staff

(1) Appointments

The Director may appoint such employees as may be necessary to

assist the Director in carrying out this section. Such employees

shall include individuals who have professional expertise in

matters related to environmental quality, including (but not

limited to) agricultural production, water quality, wetland,

wildlife conservation, soil conservation, and agricultural

chemical usage.

(2) Liaisons

The Administrator of the Environmental Protection Agency and

the Secretary of the Interior shall detail to the Office upon

request of the Secretary, on a reimbursable basis, at least one

employee, respectively, with expertise in matters related to

agriculture and environmental quality. Such detailed employees

shall serve as a liaison for their respective agencies with the

Department of Agriculture to assist the Director in carrying out

the provisions of this section. The term of the detail shall not

exceed 3 years.

(3) Additional staff

Upon request of the Secretary, the head of any Federal agency

is authorized to detail, on a reimbursable basis, employees of

such agency to the Office to assist the Director.

(d) Duties of Director

(1) In general

The Director shall assist the Council in developing a

departmental and agency-specific environmental quality policy

statement and implementation plan and an annual agricultural

environmental quality report, as specified in section 5403 of

this title. The Director shall coordinate and monitor the

activities of the Department regarding initiatives and programs

related to environmental quality and the interpretation of

departmental policies affecting environmental quality. The

Director shall serve as a member of the Council and as its

Executive Director.

(2) Additional duties

The Director shall also be responsible for -

(A) recommending to the Council environmental protection

goals and specific programs, initiatives, and policies that

will balance the needs of production agriculture with

environmental concerns;

(B) providing advice to the Council on the development,

implementation, and review of activities of agencies of the

Department to ensure consistency with the Department's

environmental protection goals;

(C) coordinating environmental policy within the Department

through the program managers, and between the Department and

other Federal agencies, regional authorities, State and local

governments, land-grant and other colleges and universities,

and nonprofit and commercial organizations, regarding programs

and actions relating to environmental quality;

(D) serving as a coordinator for the Department's data,

information, programs, and initiatives dealing with

environmental quality;

(E) developing the plans and reports required as specified by

this chapter; and

(F) providing such staff as may be necessary to support the

activities of the Council.

-SOURCE-

(Pub. L. 101-624, title XIV, Sec. 1472, Nov. 28, 1990, 104 Stat.

3619.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5401, 5506 of this title.

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7 USC Sec. 5403 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 85 - ADMINISTRATION OF ENVIRONMENTAL PROGRAMS

-HEAD-

Sec. 5403. Environmental Quality Policy Statement

-STATUTE-

(a) Environmental Quality Policy Statement, implementation plan,

and annual report

(1) Policy statement

The Council shall develop an Environmental Quality Policy

Statement that identifies goals and objectives for addressing the

effects of agriculture on environmental quality. The policy

statement shall be based upon an assessment, in accordance with

paragraph (2), of the current status and level of effort, in

terms of staff and funding, of programs at the Department of

Agriculture to evaluate, prevent, and mitigate environmental

problems that may result from agricultural production. The

policy statement shall be revised at least every 5 years.

(2) Assessment

The assessment under paragraph (1) shall include:

(A) Detailed descriptions of the roles of the involved

Departmental agencies.

(B) A description of current efforts to coordinate the

individual activities of each of the involved departmental

agencies.

(C) Recommendations for precluding any undesirable

duplication of efforts within the Department and among the

Department and other Federal and State programs.

(D) Specific recommendations for new initiatives in

monitoring, research, extension, and technical assistance

efforts to address present and potential environmental quality

problems.

The assessment may incorporate existing documents and planning

processes within the Department.

(b) Implementation plan

The Director, subject to the approval of the Council, shall

prepare a plan to implement the Environmental Quality Policy

Statement. The plan shall include an assessment of the activities

of each departmental agency to mitigate or reduce any negative

effects on environmental quality of agricultural policies,

programs, and practices under their respective jurisdictions and

shall describe in detail new departmental and agency-specific

initiatives intended to achieve the goals and objectives of the

policy statement. The plan shall be revised at least every 5

years.

(c) Annual environmental quality report

Not later than January 31, 1992, and annually thereafter, the

Council, through the Director, shall prepare and submit an annual

report to the Congress, other appropriate Federal and State

agencies, and the public on the progress being made toward the

goals and objectives established in the Environmental Quality

Policy Statement. The report shall also include -

(1) a review of the environmental activities and initiatives of

the Department during the preceding year;

(2) specific action taken to coordinate the environmental

programs of the Department with programs of other Federal

agencies and related State programs; and

(3) such recommendations as the Secretary considers appropriate

regarding current or additional environmental protection

programs, initiatives, or policies that will balance the needs of

production agriculture while addressing environmental concerns.

(d) Authorization of appropriations

There are hereby authorized to be appropriated annually not to

exceed $2,000,000 to carry out this chapter.

-SOURCE-

(Pub. L. 101-624, title XIV, Sec. 1473, Nov. 28, 1990, 104 Stat.

3620; Pub. L. 102-237, title II, Sec. 201(d), Dec. 13, 1991, 105

Stat. 1847.)

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AMENDMENTS

1991 - Subsec. (a)(1). Pub. L. 102-237, Sec. 201(d)(1),

substituted ''paragraph (2)'' for ''subparagraph (B)''.

Subsec. (a)(2). Pub. L. 102-237, Sec. 201(d)(2), substituted

''paragraph (1)'' for ''subparagraph (A)'' in introductory

provisions.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-237 effective as if included in the

provision of the Food, Agriculture, Conservation, and Trade Act of

1990, Pub. L. 101-624, to which the amendment relates, see section

1101(b)(1) of Pub. L. 102-237, set out as a note under section 1421

of this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(c) of this section relating to submittal of annual report to

Congress, see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance, and

page 49 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5402 of this title.

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7 USC Sec. 5404 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 85 - ADMINISTRATION OF ENVIRONMENTAL PROGRAMS

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Sec. 5404. Good Neighbor Environmental Board

-STATUTE-

(a) Establishment

The President shall establish an advisory board to be known as

the Good Neighbor Environmental Board (hereinafter in this section

referred to as the ''Board'').

(b) Purpose

The purpose of the Board shall be to advise the President and the

Congress on the need for implementation of environmental and

infrastructure projects (including projects that affect

agriculture, rural development, and human nutrition) within the

States of the United States contiguous to Mexico in order to

improve the quality of life of persons residing on the United

States side of the border.

(c) Membership

The Board shall be composed of -

(1) representatives from the United States Government,

including a representative from the Department of Agriculture and

representatives from other appropriate agencies;

(2) representatives from the governments of the States of

Arizona, California, New Mexico, and Texas; and

(3) representatives from private organizations, including

community development, academic, health, environmental, and other

nongovernmental entities with experience and expertise on

environmental and infrastructure problems along the southwest

border.

(d) Annual reports to President and Congress

(1) In general

The Board shall submit to the President and the Congress of the

United States an annual report on -

(A) the environmental and infrastructure projects referred to

in subsection (a) of this section that have been implemented,

and

(B) the need for the implementation of additional

environmental and infrastructure projects.

(2) Transmission of copies to Board members

The Board shall -

(A) transmit to each member of the Board a copy of any report

to be submitted pursuant to paragraph (1) at least 14 days

before its submission, and

(B) allow each member of the Board to have 14 days within

which to prepare and submit supplemental views with respect to

the recommendations of the Board for inclusion in such report.

-SOURCE-

(Pub. L. 102-532, Sec. 6, Oct. 27, 1992, 106 Stat. 3513.)

-COD-

CODIFICATION

Section was enacted as part of the Enterprise for the Americas

Initiative Act of 1992, and not as part of subtitle F (Sec. 1471 et

seq.) of title XIV of Pub. L. 101-624 which comprises this chapter.

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DELEGATION OF AUTHORITY

Authority of President under this section delegated to

Administrator of Environmental Protection Agency by section 10 of

Ex. Ord. No. 12916, May 13, 1994, 59 F.R. 25780, set out as a note

under section 3473 of Title 19, Customs Duties.

-MISC5-

TERMINATION OF ADVISORY BOARDS

Advisory boards established after Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a board

established by the President or an officer of the Federal

Government, such board is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a board

established by Congress, its duration is otherwise provided by

law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

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7 USC Sec. 5405 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 85 - ADMINISTRATION OF ENVIRONMENTAL PROGRAMS

-HEAD-

Sec. 5405. Agricultural air quality research oversight

-STATUTE-

(a) Findings

Congress finds that -

(1) various studies have alleged that agriculture is a source

of PM-10 emissions;

(2) many of these studies have often been based on erroneous

data;

(3) Federal research activities are currently being conducted

by the Department of Agriculture to determine the true extent to

which agricultural activities contribute to air pollution and to

determine cost-effective ways in which the agricultural industry

can reduce any pollution that exists; and

(4) any Federal policy recommendations that may be issued by

any Federal agency to address air pollution problems related to

agriculture or any other industrial activity should be based on

sound scientific findings that are subject to adequate peer

review and should take into account economic feasibility.

(b) Purpose

The purpose of this section is to encourage the Secretary of

Agriculture to continue to strengthen vital research efforts

related to agricultural air quality.

(c) Oversight coordination

(1) Intergovernmental cooperation

The Secretary shall, to the maximum extent practicable with

respect to the Department of Agriculture and other Federal

departments and agencies, ensure intergovernmental cooperation in

research activities related to agricultural air quality and avoid

duplication of the activities.

(2) Correct data

The Secretary shall, to the maximum extent practicable, ensure

that the results of any research related to agricultural air

quality conducted by Federal agencies not report erroneous data

with respect to agricultural air quality.

(d) Task force

(1) Establishment

The Chief of the National Resources Conservation Service shall

establish a task force to address agricultural air quality

issues.

(2) Composition

The task force shall be comprised of employees of the

Department of Agriculture, industry representatives, and other

experts in the fields of agriculture and air quality.

(3) Duties

The task force shall advise the Secretary with respect to the

role of the Secretary for providing oversight and coordination

related to agricultural air quality.

-SOURCE-

(Pub. L. 104-127, title III, Sec. 391, Apr. 4, 1996, 110 Stat.

1025.)

-COD-

CODIFICATION

Section was enacted as part of the Federal Agriculture

Improvement and Reform Act of 1996, and not as part of subtitle F

(Sec. 1471 et seq.) of title XIV of Pub. L. 101-624 which comprises

this chapter.

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