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.
act May 15, 1862, ch. 72, § 1 12 Stat. 387 R.S. § 520 derived from , .
section 511 of Title 5Pub. L. 89–554, § 180 Stat. 378 Section was formerly classified to prior to the general revision and enactment of Title 5, Government Organization and Employees, by , , .
Amendments
Pub. L. 95–1131977— inserted references to aquaculture and human nutrition.
Pub. L. 92–4191972— substituted “agriculture and rural development” and “those terms” for “agriculture” and “that word”, respectively.
section 5314 of Title 5section 3122 of Title 42section 2204b of this title“This Act [enacting sections 2204b and 2211b of this title, amending sections 1926, 2204, 2204a, 2663, and 2667 of this title, , Government Organization and Employees, and , The Public Health and Welfare, and enacting provisions set out as a note under ] may be cited as the ‘Rural Development Policy Act of 1980’.”
, , , provided that:
Short Title of 1956 Amendment
Act Aug. 3, 1956, ch. 950, § 1 70 Stat. 1032
“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 Agriculture Organic Act of 1956’.”
, , provided that:
Short Title
This section popularly known as the “Department of Agriculture Organic Act”.
Establishment of Personnel Ceiling for Fiscal Years 1982, 1983, and 1984
“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 , , and .”
, , , provided that:
Executive Documents
Transfer of Functions From Secretary of Interior to Secretary of Agriculture
“That, except as otherwise provided in section 2 hereof, the following functions are hereby transferred to the Secretary of Agriculture:“(a)
42 Stat. 465 16 U.S.C. 485 The functions of the Secretary of the Interior under the Act of , , as amended (, 486), with respect to exchanges of non-Federal lands for national forest lands or timber.
“(b)
42 Stat. 362 The functions of the Secretary of the Interior under the Act of (), 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)
43 Stat. 643 The functions of the Secretary of the Interior under the Act of (), except section 2 thereof, with respect to exchanges of privately owned lands for national forest timber in New Mexico.
“(d)
43 Stat. 739 The functions of the Secretary of the Interior under the Act of (), except section 2 thereof, with respect to exchanges of privately owned lands for national forest timber in New Mexico.
“(e)
44 Stat. 303 The functions of the Secretary of the Interior under the Act of (), except section 2 thereof, with respect to exchanges of privately owned lands for national forest lands or timber in New Mexico and Arizona.
“(f)
section 2 of the Act of May 26, 1926 44 Stat. 655 16 U.S.C. 38 The functions of the Secretary of the Interior under (; ), with respect to exchanges of lands held in private or State ownership for national forest lands or timber in Montana.
“(g)
44 Stat. 746 The functions of the Secretary of the Interior under the Act of (), with respect to exchanges of State lands for national forest lands in New Mexico.
“(h)
56 Stat. 1042 The functions of the Secretary of the Interior under the Act of (), 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)
section 6 of the Act of April 28, 1930 46 Stat. 257 43 U.S.C. 872 The function of the Secretary of the Interior (originally vested in the Commissioner of the General Land Office) under (; ), 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)
61 Stat. 921 The functions of the Secretary of the Interior under section 2(b) of the Joint Resolution of (), with respect to appraisals and sales of certain lands within the Tongass National Forest.
“(k)
section 10 of the Act of March 1, 1911 36 Stat. 962 16 U.S.C. 519 The functions of the Secretary of the Interior under (; ), with respect to sales of small tracts of acquired national forest lands found chiefly valuable for agriculture.
“(l)
60 Stat. 1099 section 3 of the Act of September 1, 1949 63 Stat. 683 30 U.S.C. 192c64 Stat. 311 16 U.S.C. 508bsection 3 of the Act of June 28, 1952 66 Stat. 285 61 Stat. 681 69 Stat. 367 30 U.S.C. 601 The functions of the Secretary of the Interior under section 402 of Reorganization Plan Numbered 3 of 1946 (), (; ), the Act of (; ), (), 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 (), as amended by the Act of (; 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.”
, , , which enacted provisions of Reorganization Plan Numbered 1 of 1959, provided:
5 U.S.C. 901Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, , pursuant to the provisions of the Reorganization Act of 1949, approved , as amended [see 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.
5 U.S.C. 10015 U.S.C. 551(b) This section shall not apply to the functions vested by the Administrative Procedure Act ( et seq.) [ 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.
(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.