U.S. DEPARTMENT OF AGRICULTURE

WASHINGTON, D.C.  20250

 

DEPARTMENTAL REGULATION

 

Number:

1800-001

 

SUBJECT:

Incident Preparedness, Response, and Recovery

 

DATE: 

December 2011

OPI: 

Office of Homeland Security and Emergency Coordination

 

 

 

Table of Contents

1      Purpose.. 1

2      Background.. 2

3      Cancellation.. 5

4      Policy.. 5

5      Authorities and References. 5

6      Organization.. 7

7      General Responsibilities. 8

 

 

 

1.      PURPOSE

 

This regulation outlines the incident preparedness, response, and recovery responsibilities of the Department of Agriculture (USDA), and designates the USDA agencies and offices for carrying out these responsibilities at the national, State, and county levels.  This regulation does not address the continuity of operations program (COOP).

 

 

 

2.      BACKGROUND

 

There are numerous laws, regulations, Executive Orders, and Homeland Security Presidential Directives that pertain to incident preparedness, response, and recovery and that guide USDA in its preparedness, response, and recovery efforts.  In addition, there are other relevant documents such as the National Response Framework (NRF) that provide an organized mechanism for the management of incidents.  This section provides an overview of these pertinent homeland security documents as well as explains USDA’s role in complying with their various requirements.

 

 

a.       STAFFORD ACT AND POST-KATRINA EMERGENCY MANAGEMENT REFORM ACT

 

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law (PL) No. 93-288, 88 Stat. 143 (1974), codified in 42 U.S.C. §§ 5121-5207, was amended in the Department of Homeland Security Appropriations Act, 2007, PL No. 109-295, 120 Stat. 1355 (2006), particularly Title VI, the Post-Katrina Emergency Management Reform Act of 2006. 

 

The Stafford Act describes the programs and processes by which the Federal Government provides disaster and emergency assistance to State and local governments, tribal nations, eligible private nonprofit organizations, and individuals affected by a declared major disaster or emergency.  The Stafford Act covers all hazards, including natural disasters and terrorist incidents. 

 

 

b.      NATIONAL RESPONSE FRAMEWORK (NRF)

 

The NRF presents the guiding principles that enable all response partners to prepare for and provide a unified national response to disasters and emergencies—from the smallest incident to the largest catastrophe.

 

This document establishes a comprehensive, national, all-hazards approach to incident response.  The Framework defines the key principles, roles, and structures that organize the way we respond as a Nation.  It describes how communities, tribes, States, the Federal Government, private-sector and nongovernmental partners apply these principles for a coordinated, effective national response.  It also identifies special circumstances where the Federal Government exercises a larger role, including incidents where Federal interests are involved and catastrophic incidents where a State would require significant support.  The Framework enables first responders, decision-makers, and supporting entities to provide a unified national response.

 

The NRF is always in effect, and elements can be implemented at any level at any time.  The Framework is capabilities based, which is to say that local governments, tribes, States, and the Federal Government all develop functional capabilities and identify resources that may be required based on hazard identification and risk assessment, threats, and other potential incidents such as those represented by the National Planning Scenarios.  The National Planning Scenarios are planning tools that represent a minimum number of credible scenarios depicting the range of potential terrorist attacks and natural disasters and related impacts facing our Nation.  They form a basis for coordinated Federal planning, training, and exercises.

 

The Federal Government and many State governments organize much of their resources and capabilities – as well as those of certain private-sector and nongovernmental organizations – under 15 Emergency Support Functions (ESFs).  ESFs align categories of resources and provide strategic objectives for their use.  During a response, ESFs are a critical mechanism to coordinate functional capabilities and resources provided by Federal departments and agencies, along with certain private-sector and nongovernmental organizations.

 

ESFs may be selectively activated for both Stafford Act and non-Stafford Act incidents where Federal departments or agencies request Department of Homeland Security (DHS) assistance or under other circumstances as defined in Homeland Security Presidential Directive 5 (HSPD-5).  Not all incidents result in the activation of ESFs.

 

 

c.       HOMELAND SECURITY PRESIDENTIAL DIRECTIVES

 

On October 28, 2001, the first Homeland Security Presidential Directive (HSPD) was issued.  HSPDs are issued by the President on matters pertaining to Homeland Security and are not published in the Federal Register.  The following listing provides a brief description of each of the HSPDs that are most applicable to USDA preparedness, response, and recovery responsibilities:

 

(1)   HSPD-4: National Strategy to Combat Weapons of Mass Destruction.  This directive applies new technologies, increases emphasis on intelligence collection and analysis, strengthens alliance relationships, and establishes new partnerships with former adversaries to counter this threat in all of its dimensions

 

(2)   HSPD-5: Management of Domestic Incidents.  This directive enhances the ability of the United States to manage domestic incidents by establishing a single, comprehensive national incident management system.

 

(3)   HSPD-7: Critical Infrastructure Identification, Prioritization, and Protection.  This directive establishes a national policy for Federal departments and agencies to identify and prioritize U.S. critical infrastructure and key resources and to protect them from terrorist attacks.

 

(4)   HSPD-8: National Preparedness.  This directive identified steps for improved coordination in response to incidents.  It described the way Federal departments and agencies prepared for responses, including prevention activities during the early stages of a terrorism incident.  This directive is a companion to HSPD-5.  This directive was replaced by Presidential Policy Directive-8 on March 30, 2011.

 

(5)   HSPD-9: Defense of United States Agriculture and Food.  This directive establishes a national policy to defend the agriculture and food system against terrorist attacks, major disasters, and other emergencies.

 

(6)   HSPD-10: Biodefense for the 21st Century.  This directive provides a blueprint for a biodefense program that fully integrates the sustained efforts of the national and homeland security, medical, public health, intelligence, diplomatic, and law enforcement communities.

 

 

d.      PRESIDENTIAL POLICY DIRECTIVES

 

On February 13, 2009 the first Presidential Policy Directive (PPD) was issued.  PPDs are used to promulgate Presidential decisions on national security matters.  The following listing provides a brief description of the PPD that  most applicable to USDA preparedness, response, and recovery responsibilities:

 

(1)   PPD-8:  National Preparedness.  This directive is aimed at strengthening the security and resilience of the United States through systematic preparation for the threats that pose the greatest risk to the security of the Nation, including acts of terrorism, cyber attacks, pandemics, and catastrophic natural disasters.

 

 

e.       MEMORANDUMS OF UNDERSTANDING 

 

USDA has entered into Memorandums of Understanding (MOUs) with Federal departments and all 50 States (covering associated Territories and/or Possessions) that may affect emergency operations.  The following listing provides an overview of some of the more prominent MOUs.

 

(1)   Department of Commerce (DOC).  This MOU, relating to foods that have industrial uses and the domestic distribution of farm equipment, sets the priorities and allocations jurisdiction and responsibilities of USDA and DOC under the Defense Production Act of 1950 to promote the national defense, including emergency preparedness, response, and recovery activities conducted pursuant to title VI of the Stafford Act, and critical infrastructure protection and restoration.

 

Under that memorandum, and pending implementation of an Agriculture Priorities and Allocations System (APAS), USDA has agreements in place regarding the use of priority authority by the Department of Defense (DOD) for food resources in support of troops, and by the DHS, Federal Emergency Management Agency (FEMA), for food resources (such as meals-ready-to-eat and shelf-stable meals) to meet essential civilian needs during emergency preparedness, response, and recovery actions.

 

 

(2)   Fifty States, Territories, and/or Possessions.  MOUs have been signed with each of the 50 States (covering associated Territories and/or Possessions) that provide an understanding between USDA and the State or local government on the incident management of food stocks following an incident caused by enemy attack.  Farm Service Agency (FSA) State Executive Directors, as Chairpersons of USDA State Emergency Boards (SEBs), have signed the MOUs for USDA.

 

 

 

3.      CANCELLATION

 

Departmental Regulation 1800-1, Departmental Emergency Programs Responsibilities, dated March 28, 2001, and all associated amendments are superseded by this regulation.

 

 

 

4.      POLICY

 

It is the policy of USDA to support integrated and coordinated all-hazards national preparedness, response, and recovery activities.  Consistent with capabilities and resources, USDA provides emergency preparedness and response support conducted under both Departmental statutory and regulatory authorities, and in support of Mission Assignments from FEMA.

 

 

 

5.      AUTHORITIES AND REFERENCES

 

This section includes laws, executive orders, regulations and orders that provide authorities and references for USDA and its agencies with regards to incident preparedness, response, and recovery.

 

7 CFR Part 2, Delegations of Authority by the Secretary of Agriculture and General Officers of the Department.

 

Agricultural Act of 1949 (7 U.S.C. § 1431).

 

Agricultural Credit Act of 1978, as amended (16 U.S.C. §§ 2201 – 2206).

 

Agriculture and Consumer Protection Act of 1973 (7 U.S.C. § 612c note).

 

Animal Damage Control Act, as amended (7 USC 426-426c).

 

Animal Health Protection Act, as amended (7 U.S.C. §§ 8301 – 8317).

 

Animal Welfare Act, as amended (7 U.S.C. §§ 2131 – 2159).

 

Commodity Credit Corporation Charter Act, as amended (15 U.S.C. §§ 714 – 714p).

 

Defense Priorities and Allocation System, 15 CFR Part 700.

 

Defense Production Act of 1950, as amended (50 U.S.C. app. §§ 2061 – 2172).

 

Executive Order 12148, Federal Emergency Management, July 20, 1979, as amended.

 

Executive Order 12472, Assignment of National Security and Emergency Preparedness Telecommunications Functions, April 3, 1984, as amended.

 

Executive Order 12656, Assignment of Emergency Preparedness Responsibilities, November 18, 1988, as amended.

 

Executive Order 12657, Federal Emergency Management Agency Assistance in Emergency Preparedness Planning at Commercial Nuclear Power Plants, November 18, 1988, as amended.

 

Executive Order 12919, National Defense Industrial Resources Preparedness, June 3, 1994, as amended.

 

Executive Order 13228, Establishing the Office of Homeland Security and the Homeland Security Council, October 8, 2001, as amended.

 

Executive Order 13542, Providing an Order of Succession Within the Department of Agriculture, May 13, 2010.

 

Flood Control Acts (33 U.S.C. § 701b-1).

 

Food and Agriculture Act of 1965 (7 U.S.C. § 1446a-1).

 

Food and Nutrition Act of 2008 (7 U.S.C. § 2014(h)).

 

Military Selective Service Act, as amended (50 U.S.C. app. § 468).

 

National Incident Management System (NIMS).

 

National Response Framework (NRF).

 

National Security Act of 1947, as amended (50 U.S.C. §§ 401 – 442b).

 

Plant Protection Act, as amended (7 U.S.C. §§ 7701 – 7786).

 

Post-Katrina Emergency Management Reform Act, Title VI of the Department of Homeland

Security Appropriations Act, 2007, Public Law 109-295, 120 Stat. 1355 (2006).

 

Reciprocal Fire Protection Act of 1955, as amended (42 U.S.C. §§ 1856 – 1856d).

 

Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. §§ 5121 – 5207).

 

Section 32 of the Act of August 24, 1935 (7 U.S.C. § 612c).

 

Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98, et seq.).

 

War Powers Resolution (50 U.S.C. §§ 1541 – 1548).

 

 

 

6.      ORGANIZATION

 

To respond to incidents, USDA utilizes its day-to-day organizational structure formed at the local, county, State, regional and headquarters levels to carry out the Secretary of Agriculture’s incident preparedness, response, and recovery responsibilities.  Key personnel at each level have been selected to manage USDA’s preparedness, response, and recovery activities.

 

 

a.       County.

 

The responsibility for preparing for, responding to, and recovering from any incident begins at the local level.  There is a County Emergency Board (CEB), composed of representatives from USDA agencies present in that county, borough, or parish in the United States.  The FSA County Executive Director (CED) serves as the Chairperson, and is responsible for providing coordination for USDA emergency programs at the county level.  The CEB provides USDA coordination with local and county-level public officials as appropriate.

 

 

b.       State.

 

A primary role of the State is to supplement and facilitate local preparedness, response, and recovery activities.  There is a SEB in each State comprised of representatives from USDA agencies.  The State Executive Directors (SED) of the FSA serve as the SEB Chairpersons in their respective States and are responsible for providing coordination for USDA emergency programs at the State level.  The SEB provides State-level USDA coordination with State and other Federal officials as appropriate.

 

 

c.       National.

 

The Director of the USDA Office of Homeland Security and Emergency Coordination (OHSEC), through the Assistant Secretary for Administration, has been delegated authority by the Secretary of Agriculture to administer the USDA Emergency Preparedness Program (7 C.F.R. 2.24(a)(8)(ii); 7 C.F.R. 2.95(b)(1)).  Assignment of responsibilities for the leadership and coordination of the Emergency Support Functions is included in Section 7, General Responsibilities, in the discussions for each USDA agency.

 

 

 

7.      GENERAL RESPONSIBILITIES

 

 

a.       Secretary of Agriculture Responsibilities.

 

Executive Order 12656 provides the Secretary of Agriculture specific lead responsibilities including the following:

 

(1)   Development of plans to provide for the continuation of agricultural production, food processing, storage, and distribution through the wholesale level during or following an incident, and to provide for the domestic distribution of seed, feed, fertilizer, and farm equipment to agricultural producers.  FSA’s Food, Feed, and Seed Facility Listing and Fertilizer Facility Listings are used to assist in the administration of the emergency preparedness activities.  The listings provide USDA with an inventory of critical food and food resource facilities necessary for agriculture’s continuation and assessing post-event operating capability.

 

(2)   Development of plans to provide food and agricultural products to meet international responsibilities during or following incidents.  USDA, in its national security planning, includes anticipated international food and agriculture requirements and would adjust agriculture production and food distribution to ensure that USDA’s international commitments are satisfied.  Noteworthy examples are USDA’s participation in the North Atlantic Treaty Organization (NATO) Civil Emergency Planning, Food and Agriculture Planning Committee, and U.S./Canada Civil Emergency Planning Committee for Agriculture and Food.

 

(3)   Development of plans and procedures for administration and use of Commodity Credit Corporation (CCC) inventories of food and fiber resources during or following incidents.  The Federal Civil Defense Act of 1950, as amended, included Title III, Section 302, which permitted donations of federally owned materials for civil defense purposes.  In 1974, the Congress allowed Title III to expire, preventing the donation of commodities purchased with CCC funds during or following an incident.  Decisions affecting CCC inventories of food and fiber are made by the CCC Board of Directors at the national level.

 

(4)   Development of plans for the use of resources under the jurisdiction of the Secretary of Agriculture and, in cooperation with the Secretaries of Commerce, Defense, and the Interior, the Board of Directors of the Tennessee Valley Authority, and the heads of other government entities, plan for the emergency management, production, and processing of forest products.  The Chief of the Forest Service (FS), in coordination with the National Association of State Foresters, will develop plans for timber resources to be used in support of national timber product needs during or following incidents.

 

(5)   Development of plans and programs, in coordination with the Secretary of Defense, for water to be used in agricultural production and food processing during or following domestic incidents.  FSA, Natural Resource Conservation Service (NRCS), and USDA FS have been assigned responsibilities for coordinating plans for water for agricultural production and food processing by the Secretary of Agriculture.

 

(6)   In cooperation with Federal, State, local and tribal governments, development of plans for a national program relating to the prevention and control of fires in rural areas of the United States.  The Chief of the FS, in coordination with the National Association of State Foresters and the Fire Suppression Agencies of the Department of the Interior (DOI) will provide fire suppression assistance to State and local agencies through cooperative agreements.  The National Interagency Fire Center located in Boise, ID will set priorities and establish the allocation and mobilization of fire suppression resources as described in the National Interagency Mobilization Guide.

 

(7)   Development of plans to help provide the Nation’s agricultural producers with production resources, including emergency financing capabilities.

 

(a)    FSA may provide low-interest emergency loans for farm operating expenses to promote maximum efficient production of essential food and fiber.  In addition, emergency loans may be made to replace any livestock and/or farm equipment destroyed, damaged, or disposed of as a result of an incident.

 

(8)   Development of plans in consonance with those of HHS, DOI, and the Environmental Protection Agency (EPA), for agricultural health services and forestry, including:

 

(a)    Diagnosis and control or eradication of diseases, pests, or hazardous agents (biological, chemical, or radiological) against animals, crops, timber, or products thereof.  Animal and Plant Health Inspection Service (APHIS) will diagnose, control, and/or eradicate diseases, pests, or hazardous agents (biological, chemical, or radiological) that have been determined to be a significant threat to livestock or poultry, crops, and timber of the United States.

 

(b)   Protection, treatment, and handling of livestock and poultry, or products thereof, that have been exposed to or affected by hazardous agents. 

 

1        APHIS will assure that livestock and poultry or products thereof that have been exposed to or affected by hazardous agents are properly contained, decontaminated, and disposed of in a manner to mitigate contamination and exposure, and to protect livestock, poultry, and their products.

 

2        FSIS will provide, to the extent possible, continuous normal operations in the inspection of livestock, poultry, and related meat and poultry products processed by plants shipping in interstate and foreign commerce.  In addition, FSIS could provide voluntary fee for service inspection, in an emergency situation, for food such as buffalo, rabbit, deer, and game birds.  These inspection operations would protect the public from biological, chemical, and radiological food contamination during or following an incident.

 

(c)    Use and handling of crops, agricultural commodities, timber, and agricultural lands that have been exposed to or affected by hazardous agents.  APHIS will take actions to ensure that crops and agricultural products exposed to or affected by hazardous agents are properly contained, decontaminated, and disposed of in a manner to mitigate contamination and exposure.

 

(d)   Assuring the safety and wholesomeness, and minimizing losses from hazards, of animals and animal products and agricultural commodities and products subject to continuous inspection by the USDA or owned by the CCC or by the USDA.  FSIS will assure the wholesomeness of meat, poultry, and their products in affected areas.  Food inspectors would be augmented as required during an emergency. 

 

(9)   In consultation with the Secretaries from the Department of State and, the subsequent, Department of Homeland Security, the Secretary of Agriculture will represent the United States in agriculture-related international civil emergency preparedness planning and related activities.

 

(a)    USDA maintains close relations with the Department of State and FEMA, External Affairs Directorate, through representation on the NATO Food and Agriculture Planning Committee and the U.S./Canada Civil Emergency Planning Committee for Agriculture and Food.  USDA is also represented on the U.S./Canada Civil Emergency Preparedness Exercise Working Group.

 

(b)   The Secretary of Agriculture shall assist the Secretary of Defense in formulating and carrying out plans for stockpiling strategic and critical agricultural materials.

 

(c)    USDA is represented by FSA on selected committees that are mandated by the Strategic and Critical Materials Stockpiling Act.  These committees determine total quantity required, specifications, acquisition, retention, and disposal of stocks of critical and strategic materials necessary to meet the requirements of the United States during or following an incident.

 

 

b.      Assistant Secretary for Administration.

 

The Assistant Secretary for Administration, in addition to directing and coordinating USDA administrative management and support services, also serves as the senior preparedness officer for USDA and has been delegated authority by the Secretary of Agriculture to direct and manage emergency programs for national security, natural disaster, technological, and other emergencies. 

 

 

(1)Director, Office of Homeland Security and Emergency Coordination.

 

The Director, OHSEC, has been designated by the Secretary of Agriculture to serve as the USDA Emergency Coordinator and is responsible for providing leadership, guidance, direction, coordination, and support for all USDA emergency programs.   Pursuant to 7 CFR 2.24(a)(8), and with due deference for delegations to other Departmental Management officials, the following delegations of authority have been made by the Assistant Secretary for Administration to the Director, OHSEC:

 

(a)    Administer the Department Emergency Preparedness Program.  This includes:

 

1        Coordinate and oversee authorities delegated to the Department under the Defense Production Act of 1950, 50 U.S.C. App. 2061, et seq.; the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121, et seq.; and by Executive Orders 12148, ‘‘Federal Emergency Management,’’ 3 CFR, 1979 Comp., p. 412, 12919, ‘‘National Defense Industrial Resources Preparedness,’’ 3 CFR, 1994 Comp., p. 901, and 12656, ‘‘Assignment of Emergency Preparedness Responsibilities,’’ 3 CFR, 1988 Comp., p. 585; or any successor to these Executive Orders, to ensure that the Department has sufficient capabilities to respond to any occurrence, including natural disaster, military attack, technological emergency, or any other all hazards incident.

 

2        Manage the Department Emergency Operations Center at Headquarters and the Secretary’s alternative facilities; provide senior staff with international, national, and regional situational awareness reports; and provide and maintain current information systems technology and National Security Systems to support USDA executive crisis management capability.

 

3        Provide facilities and equipment to facilitate inter-agency coordination during emergencies.

 

4        Activate the USDA incident management system in accordance with the NRF and the National Incident Management System in the event of a major incident; and provide oversight and coordination of the Department’s ESFs as outlined in the NRF.  This includes establishing and coordinating incident information requests from agencies and offices and directing dissemination of information to and from senior managers for decision making purposes.

 

5        Develop and promulgate policies for the Department regarding emergency preparedness and national security, including matters relating to antiterrorism and agriculture-related emergency preparedness planning, both national and international, and guidance to USDA SEBs and CEBs.

 

6        Establish and provide oversight of a Department-wide training program for the National Incident Management System to include Incident Command System, NRF, Continuity programs, and Critical Infrastructure Protection program.

 

7        Provide representation and liaison for the Department in contacts with other Federal entities and organizations, including the National Security Council, Homeland Security Council, Office of Management and Budget, DHS, Office of The Director of National Intelligence, and DOD concerning matters of a national security, natural disaster, other emergencies, and agriculture/food-related international civil emergency planning and related activities.

 

8        Act as the primary USDA representative for anti-terrorism activities.

 

9        Develop and submit a coordinated budget request for homeland security requirements.

 

10    Provide guidance and direction regarding radiological emergency preparedness programs and the implementation of the National Response Framework’s Nuclear/Radiological Incident Annex to Departmental staff offices, mission areas, and agencies.

 

11    Provide program leadership and coordination for USDA’s radiological emergency preparedness requirements with respect to Emergency Management and Assistance (44 CFR parts 350–352).

 

12    Represent USDA on the Federal Radiological Preparedness Coordinating Committee (FRPCC) and Regional Assistance Committees (RACs) and assist them in carrying out their functions.

 

13    Support USDA in its management of the Department’s emergency response program with respect to radiological emergency response activities.

 

14    Exercise responsibility for USDA response efforts when a spill of national significance is declared under the Oil Pollution Act of 1990, as determined by the Assistant Secretary for Administration.

 

15    Serve as the primary point of contact for Government Accountability Office (GAO) and Office of the Inspector General (OIG) audits of USDA homeland security activities.

 

16    Coordinate interaction between Department agencies and private sector businesses and industries in emergency planning and public education under Department authorities delegated or assigned under the National Response Framework, National Infrastructure Protection Plan, Defense Production Act of 1950, 50 U.S.C. App. 2061, et seq., and Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121, et seq.

 

17    Oversee the Department’s ability to collect and disseminate information and prepare for an agricultural disease emergency, agro-terrorist act, or other threat to agricultural biosecurity, and coordinate such activities among agencies and offices within the Department (7 U.S.C. 8912).

 

18    Administer a funded competitive grant program to support the development and expansion of advanced training programs in agricultural biosecurity planning and response for food science professionals and veterinarians; administer a funded competitive grant and low-interest loan assistance program to assist States in assessing agricultural disease response capability (7 U.S.C. 8913).

 

19    Promulgate Departmental policies, standards, techniques, and procedures; and represent the Department in maintaining the security of physical facilities and providing security guidance to the Food and Agriculture Sector nationwide.

 

(2)Office of Human Resources Management will:

 

(a)    Provide leadership, policy guidance, program formulation, and management direction relating to personnel matters.

 

(b)   Establish procedures for readiness and post incident actions covering recruitment, appointment, and staffing.

 

(c)    Advise employees of new policy resulting from incidents that impact their regular duty and/or duty stations.

 

 

c.       Under Secretary for Farm and Foreign Agricultural Services.

 

The Under Secretary for Farm and Foreign Agricultural Services will administer functions to meet both domestic and international needs relating to agricultural production; food processing, storage, and wholesale distribution; water to be used for agricultural production and food processing; distribution of seed, livestock and poultry feed, fertilizer, and farm equipment; rehabilitation and use of food resources, agricultural and related agribusiness facilities; farm credit and financial assistance programs; CCC resources; foreign agricultural intelligence; and other foreign agricultural matters in an emergency, to the extent specifically authorized by law.

 

(1)   Farm Service Agency will:

 

(a)    Develop and administer, when authorized by law, plans for controlling agricultural production through adjustment, acreage control, or incentive payment programs to meet both domestic and international responsibilities in an emergency. 

 

(b)   Administer responsibilities and functions assigned under the Defense Production Act of 1950, 50 U.S.C. app. 2061 et seq., and title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5195 et seq., relating to:

 

1        Food processing and storage

2        Distribution and use of seed

3        Manufacture, distribution, and use of livestock and poultry feed

4        Domestic mixing, distribution, and use of fertilizer

5        Domestic distribution of farm equipment and repair parts

6        Farm credit and financial assistance

 

(c)    Develop and administer plans, with the FS and NRCS, for the priority use of water for agricultural production and food processing within the emergency water plans developed by the DOD, United States Army Corps of Engineers. 

 

(d)   Maintain a comprehensive listing of the primary food, feed, and seed processing, storage, and wholesale distribution facilities, and major fertilizer producers, mixers, blenders, and storage facilities for use in analyzing food requirements and the capability of those industries to supply food. 

 

(e)    Assess the effects of an emergency incident on agricultural production and related production resources, including seed, feed, fertilizer, farm equipment, energy, and labor. 

 

(f)    Assist State and local governments in the development of emergency plans for food and agriculture to assure continuity with Federal guidelines. 

 

(g)   Provide information to food processing, storage, and wholesale distribution industries and agricultural resource industries during incidents and disasters. 

 

(h)   Adjust regular programs to provide emergency assistance when authorized and necessary. 

 

(i)     Develop plans and programs related to mobilization preparedness and, as appropriate, represent USDA at meetings, conferences, and workshops, on mobilization preparedness and related activities.

 

(j)     Chair the SEBs and CEBs and act as the custodian for the emergency operating records for both the SEBs and CEBs at the FSA State and County offices.

 

(k)   Provide emergency credit to eligible farmers, ranchers, and aquaculture operators in support of agricultural production programs.

 

(l)     Assist with technical expertise and support on credit arrangements of all USDA emergency programs, other than agricultural production and CCC loans and guarantees.

 

(m) Provide leadership as a primary agency under the NRF for ESF14, Long-term Community Recovery.  Provide support for ESF5, Emergency Management and ESF11, Agriculture and Natural Resources. 

 

(2)   Commodity Credit Corporation will:

 

(a)    Barter surplus agricultural commodities for strategic and critical materials to the extent such materials are required to meet emergency needs.

 

(b)   Guarantee payment or make emergency loans, through appropriate agencies, to critical firms to continue:

 

1        Processing, storage, and distribution of food through the wholesale level.

2        Processing and distribution of seed.

3        Manufacturing and distribution of livestock and poultry feed.

4        Mixing and distribution of fertilizer.

5        Distributing farm-equipment and repair parts.

6        Distributing other supplies essential for agricultural production.

7        Providing related services necessary to meet food and agricultural needs.

 

(c)    Provide support under the NRF as necessary.

 

(3)   Foreign Agricultural Service.

 

The Administrator of the Foreign Agricultural Service will:

 

(a)    Acquire and analyze information related to food and agricultural commodities in foreign countries.

 

(b)   Assemble and prepare analyses, in cooperation with the Department of State, of food availabilities and requirements with international partners and make recommendations regarding allocations.

 

(c)    Assemble and present Canadian food availabilities and requirements, in cooperation with the Canadian Government whenever food allocations are made.

 

(d)   Assist in carrying out any foreign trade controls that may be assigned.

 

(e)    Support the activities of international emergency organizations.

 

(f)    Provide support under the NRF as necessary.

 

(4)   Risk Management Agency.

 

The Administrator of the Risk Management Agency will:

 

(a)    Provide for indemnity payments to farmers through reinsured companies for crops affected by a natural disaster that were also insured and determined eligible under the Federal Crop Insurance Program.

 

(b)   Provide support under the NRF as necessary.

 

 

d.      Under Secretary for Food Nutrition and Consumer Services.

 

The Under Secretary for Food, Nutrition, and Consumer Services will administer the function of distributing agricultural commodities and Disaster Supplemental Nutrition Assistance Program benefits.  The Food and Nutrition Service will:

 

(1)   Provide Disaster Supplemental Nutrition Assistance Program (D-SNAP) and/or USDA Foods to households in officially designated disaster areas upon receipt of a request from the State agency that demonstrates need for the program.  D-SNAP assistance may not be authorized until grocery stores are open and operating.

 

(2)   Authorize the use of USDA-donated foods for emergency feeding during domestic emergency and repatriation activities.

 

(3)   Provide liaison with the Agricultural Marketing Service and FSA on procurement of food.

 

(4)   Provide a record of current inventories of USDA-donated food held in State-owned or commercial warehouses.

 

(5)   Furnish each SEB Chairperson with a copy of procedures for operating Food and Nutrition Service food assistance programs in emergencies. 

 

(6)   Provide assistance as a primary agency under the NRF for ESF11, Agriculture and Natural Resources.  Provide support to ESF5, Emergency Management; ESF6, Mass Care, Emergency Assistance, Housing and Human Services; ESF7, Logistics Management and Resource Support; ESF8, Public Health and Medical Services.  Act as cooperating agency for Tribal Relations Support, Volunteer and Donations Management Support, Food and Agriculture Incident, Mass Evacuation Incident, and Nuclear/Radiological Incident.

 

 

e.       Under Secretary for Food Safety.

 

The Under Secretary for Food Safety will administer the functions relating to the inspection for the safety and wholesomeness of meat and meat products, poultry and poultry products and processed egg products.  The Food Safety and Inspection Service will:

 

(1)   Inspect meat and meat products, poultry and poultry products, and egg products in slaughtering and processing plants, subject to continuous inspection by the FSIS to assure their safety and wholesomeness.

 

(2)   Provide assistance as a primary agency under the NRF for ESF11, Agriculture and Natural Resources.  Provide support for ESF5, Emergency Management; ESF7, Logistics Management and Resource Support; and ESF8, Public Health and Medical Services.  Act as cooperating agency for Tribal Relations Support, Volunteer and Donations Management Support, Biological Incident, Food and Agriculture Incident, Mass Evacuation Incident, and Nuclear/Radiological Incident.

 

f.       Under Secretary for Natural Resources and Environment.

 

The Assistant Secretary for Natural Resources and Environment will administer functions concerning agricultural lands, water (except for agricultural production and food processing, which is assigned to the Under Secretary for Farm and Foreign Agricultural Services), national forest system and other forests, forest research, forest products, State and private forestry, and rural fire prevention.

 

(1)   Forest Service.

 

The Chief of the FS will:

 

(a)    Prevent and control fires on national forest system lands and in rural areas in cooperation with State, local and tribal governments and appropriate Federal departments and agencies.

 

(b)   Determine damage to national forest system lands, grasslands and other forests resulting from an emergency.

 

(c)    Plan and implement, when necessary, emergency protection and utilization of national forest timber, range, water (except as noted under the FSA and NRCS), and related resources.

 

(d)   Plan and implement emergency production and utilization of timber and timber products in cooperation with other Federal Departments and Agencies and State forestry organizations.

 

(e)    Determine and report requirements for equipment, personnel, fuels, chemicals, and other materials needed for carrying out assigned activities.

 

(f)    Conduct research in support of emergency operations relating to the management and utilization of forest resources and rural fire protection.

 

(g)   Detect, evaluate, and suppress forest insect and disease outbreaks on national forests, all other Federal lands and, in cooperation with State Agencies, on State and private lands.

 

(h)   Install emergency measures for runoff retardation and soil erosion prevention on national forest and safeguard life and property on and downstream from watershed lands suddenly damaged by fire, flood, and other disasters.  Assist State Foresters, or other State or local agencies, in installing emergency measures in approved projects on other forest lands.

 

(i)     Furnish personnel and equipment for search and rescue work and other emergency measures on national forests and on other lands where a temporary lead role will reduce suffering or loss of life.

 

(j)     Determine which FS facilities, including access to sanitation and water supply, are suitable for emergency housing or relocation of evacuees.

 

(k)   Keep the Director, Hazardous Materials Management Division within the USDA Office of Property and Procurement Management, apprised of all activities relating to Regional Response Teams for Oil and Hazardous Substance Pollution.

 

(l)     Allocate and assign radio frequencies for use by agencies and staff offices of USDA.  Operate emergency radio communications systems in support of local, regional, and national firefighting teams.

 

(m) Develop and administer plans, with the FSA and the NRCS, for the priority use of water for agricultural production and food processing within the emergency water plans developed by the DOD, United States Army Corps of Engineers.

 

(n)   Furnish each SEB Chairperson with a copy of records and procedures for operating FS emergency programs.

 

(o)   Provide leadership under the NRF as the coordinating agency and primary agency for ESF4, Firefighting.  Act as supporting agency to ESF1, Transportation; ESF2, Communications; ESF3, Public Works and Engineering; ESF5, Emergency Management; ESF6, Mass Care, Emergency Assistance, Housing, and Human Services; ESF7, Logistics Management and Resource Support; ESF8, Public Health and Medical Services; ESF9, Search and Rescue; ESF10, Oil and Hazardous Materials Response; ESF11, Agriculture and Natural Resources; ESF13, Public Safety and Security; and ESF15, External Affairs.  Act as cooperating agency for International Coordination Support, Tribal Relations Support, and Mass Evacuation Incident.

 

(2)   Natural Resources Conservation Service.

 

The Chief of the NRCS will:

 

(a)    Provide technical assistance to individuals, communities, and governments relating to:

 

1           Proper use of land for agricultural production.

 

2           Application or restoration of conservation practices or measures necessary to control or reduce erosion, runoff, flooding, and improve water quality.

 

3           Suitability, conservation, disposal, and control of agricultural water in rural areas including water supply forecasting, emergency flood rehabilitation, and protection for highways and other infrastructure.

 

(b)   Provide assistance in assessing the extent of damage to agricultural land and water, and provide recommendations and costs for types of emergency work needed.

 

(c)    Assist local and state sponsors to install emergency measures in approved projects within authorized programs.

 

(d)   Provide information and materials (soil maps and reports) on watershed projects, river basin studies, and resource conservation and development projects.

 

(e)    Provide available Agency equipment for use during an emergency.

 

(f)    Develop and administer plans, with FSA and the FS, for the priority use of water for agricultural production and food processing within the emergency water plans developed by the DOD, United States Army Corps of Engineers subject to existing private water rights or allocations for environmental related purposes.

 

(g)   Furnish Chairpersons, USDA SEBs and CEBs, two copies of records and procedures for operating NRCS emergency programs.  Emergency records will be filed at the State and county FSA offices and Emergency Operations Centers.

 

(h)   Provide support under the NRF to ESF3, Public Works and Engineering; ESF5, Emergency Management; and ESF11, Agriculture and Natural Resources. Act as cooperating agency for Nuclear/Radiological Incident.

 

 

g.      Under Secretary for Research, Education and Economics.

 

The Under Secretary for Research, Education and Economics will administer informational and educational services, conduct agricultural research, coordinate research conducted by cooperating State research institutions, administer programs to estimate supplies of agricultural commodities and evaluate requirements thereof, coordinate damage assessment, conduct activities regarding the food and agricultural aspects of economic stabilization and economic research, and maintain food and agricultural statistics. 

 

(1)   Agricultural Research Service.

 

The Administrator of the Agricultural Research Service (ARS) will:

 

(a)    Identify the informational requirements that can be obtained through agricultural research and take the steps necessary to satisfy those requirements.

 

(b)   Develop and carry out all necessary research programs and provide technical support for emergency programs and activities in the areas of planning, prevention, detection, treatment, and management of consequences.

 

(c)    Conduct market quality and facilities research on matters relating to emergency responsibilities.

 

(d)   Provide technical support for the development of guidance information on the effects of radiation, biological, and chemical agents on agriculture.

 

(e)    Develop and maintain a current inventory of ARS controlled laboratories that can be mobilized on short notice for emergency testing of food, feed, and water safety.

 

(f)    Provide technical support for the development of guidance information on the most efficient procedures for producing, processing, storing, and distributing agricultural commodities under emergency programs.

 

(g)   Provide support under the NRF as necessary.

 

(2)   National Institute of Food and Agriculture.

 

The Administrator of the National Institute of Food and Agriculture will:

 

(a)    Coordinate use of land-grant and other cooperating State college and university services in carrying out all emergency programs responsibilities.

 

(b)   Encourage research by these institutions to support all emergency programs responsibilities.

 

(c)    Administer informational and educational services covering:

 

1        Farmers, other rural residents, and the food and agricultural industries on emergency needs and conditions.

 

2        Vulnerability of crops and livestock to the effects of hazardous agents (biological, chemical, and radiological).

 

3        Technology for emergency agricultural production.

 

(d)   Maintain a close working relationship with local news media through the Cooperative Extension System.

 

(e)    Provide guidance on the most efficient procedures to assure continuity and restoration of an agricultural technical information system under emergency conditions.

 

(f)    Furnish Chairpersons, USDA SEBs and CEBs two copies of records and procedures for operating State Extension Service emergency programs.  Emergency records will be filed at the State and county FSA offices and Emergency Operations Centers.

 

(g)   Provide support under the NRF as necessary.

 

(3)   Economic Research Service.

 

The Administrator of the Economic Research Service will:

 

(a)    Evaluate requirements for agricultural commodities in cooperation with appropriate USDA Agencies.

 

(b)   Determine the economics of production capacity and adjustment potentials for agricultural commodities.

 

(c)    Analyze the economics and background data on needs for and substitution possibilities of domestic and foreign farm production inputs and marketing services.

 

(d)   Recommend basic food allocations for major food claimants on the basis of estimates of supplies and requirements.

 

(e)    Review economic stabilization proposals affecting food and agriculture and recommend a USDA position relative to economic stabilization and rationing.

 

(f)    In cooperation with the Rural Business-Cooperative Service and other agencies, analyze the rural development problems and opportunities in affected rural regions as part of the process of developing strategies to respond to the effects of an emergency.

 

(g)   Provide support under the NRF as necessary.

 

(4)   National Agricultural Statistics Service.

 

The Administrator of the National Agricultural Statistics Service (NASS) will:

 

(a)    Obtain and supply official, objective USDA statistics on the condition, production, supply, and inputs relative to agricultural commodities. 

 

(b)   Develop procedures for emergency damage assessment at the State, regional and national levels.

 

(c)    Coordinate the national level damage assessment on resources for which USDA is responsible.

 

(d)   Provide for objective review of county and State-level USDA Loss Assessment Reports in support of the SEB.

 

(e)    Furnish each SEB Chairperson with a copy of records and procedures for operating NASS emergency programs. 

 

(f)    Provide support under the NRF as necessary.

 

 

h.      Under Secretary for Rural Development.

 

The Under Secretary for Rural Development (RD) will:

 

(1)   Administer rural credit, and financial assistance programs, including emergency assistance.

 

(2)   Promote economic development in affected rural areas by developing strategies that respond to the conditions created by an emergency.

 

(3)   Provide financial aid for needed community facilities.

 

(4)   Provide business development assistance.

 

(5)   Administer loan and grant programs for housing and community facilities to aid the development of rural communities.

 

(6)   Assist the Department of Housing and Urban Development by providing information on current USDA RD financed, habitable, and vacant rural and community housing in an emergency situation.

 

(7)   Assist rural electric and telephone cooperatives and companies with technical assistance or loan assistance when necessary for restoration of service.

 

(8)   Provide guidance and assistance to water and waste disposal borrowers and eligible applicants.

 

(9)   RD and its agencies will provide leadership under the NRF as a primary agency for ESF14, Long-Term Community Recovery.  Provide support under the NRF to ESF5, Emergency Management; ESF6, Mass Care, Emergency Assistance, Housing, and Human Services; and ESF12, Energy.  Act as cooperating agency for Mass Evacuation Incident and Nuclear/Radiological Incident.

 

Note:  Electric, telecommunications, and water and waste disposal loan and grant programs administered by Rural Utilities Programs are on-going programs, not disaster assistance or emergency programs.

 

i.        Under Secretary for Marketing and Regulatory Programs.

 

The Under Secretary for Marketing and Regulatory Programs will administer functions relating to the protection of livestock, poultry, and crops from diseases, pests, and hazardous agents (biological, chemical, and radiological); utilization or disposal of livestock and poultry exposed to radiation; grading and certification of food quality; reporting of price and volume information of agricultural commodities on commercial markets; procurement of food; and petitioning for reduced freight rates for the movement of feed and livestock following an emergency.

 

(1)   Agricultural Marketing Service.

 

The Administrator of the Agricultural Marketing Service will:

 

(a)    Procure food commodities for the school lunch program and disaster relief when authorized.

 

(b)   Collect, compile and disseminate price and volume information on agricultural commodities on commercial markets.

 

(c)    Assure the wholesomeness of agricultural products and commodities owned by the CCC.

 

(d)   Develop specifications, write contracts, and perform acceptance activities of food.

 

(e)    Grade and certify food commodities for quality.

 

(f)    Assist in obtaining railroad freight rate reductions to facilitate the movement of feed supplies to areas affected by an emergency, or livestock from such areas to other areas where adequate pasture of forage exists.

 

(g)   Provide support under the NRF for ESF11, Agriculture and Natural Resources.

 

(2)   Animal and Plant Health Inspection Service.

 

The Administrator of the APHIS will:

 

(a)    Respond to incidents where livestock, poultry, crops, wildlife and biological resources are affected by diseases, pests, and hazardous agents (biological, chemical, and radiological).  Assess the damage to agriculture of any such introduction and provide technical assistance as needed.

 

(b)    Coordinate activities to protect the purity, safety, potency, and effectiveness of veterinary biologics in interstate commerce.

 

(c)    Regulate the importation and interstate movements of specific animals and plants and their products as well as make inspections at ports of entry of specific commodities.

 

(d)   Determine the requirements for equipment, chemicals and other materials needed to support response activities.

 

(e)    Furnish each SEB Chairperson with a copy of records and procedures for operation of APHIS emergency programs. 

 

(f)    Provide leadership under the NRF as the coordinating agency and primary agency for ESF11, Agriculture and Natural Resources.  Provide support for ESF5, Emergency Management; ESF6, Mass Care, Emergency Assistance, Housing and Human Services; ESF8, Public Health and Medical Services; and ESF10, Oil and Hazardous Materials Response.  Act as cooperating agency for International Coordination Support, Tribal Relations Support, Volunteer and Donations Management Support, Biological Incident, Food and Agriculture Incident, Mass Evacuation Incident and Nuclear/Radiological Incident.

 

(3)   Grain Inspection, Packers and Stockyards Administration will:

 

(a)    Administer the Packers and Stockyards Act, as amended and supplemented (7 U.S.C. 181–229).

 

(b)   Provide support under the NRF as necessary.

 

 

j.        Assistant Secretary for Congressional Relations.

 

The Assistant Secretary for Congressional Relations will provide liaison between USDA and the Congress.  The Office of Intergovernmental Affairs will provide liaison between USDA and other federal agencies, with regional, State, local officials, and other stakeholders and will coordinate with congressional relations on matters affecting agriculture.

 

 

k.      Office of the Chief Financial Officer.

 

The Office of the Chief Financial Officer will provide policy guidance on financial management activities relating to emergency assignments made to the Secretary of Agriculture, and establish procedures to finance emergency program activities.  Responsibilities also include management of the National Finance Center (NFC).  The NFC has a Disaster Recovery / Business Resumption plan that provides for the continuation of business operations in the event a disaster would render the facility inoperable.

 

 

l.        Office of the Chief Economist.

 

The Chief Economist, in support of the Director, OHSEC, will execute an internal review process for crop and livestock loss estimates for analytical consistency.  Differences among agency assessments will be reconciled by the Chief Economist prior to submission to the Secretary or release to other departments, agencies, external organizations, or to the public.

 

 

m.    Office of the General Counsel.

 

The Office of the General Counsel will provide legal advice and services regarding emergency programs, related actions, and elements of proposed legislation relating to emergency program responsibilities.

 

 

n.      Office of Inspector General.

 

The Office of Inspector General will, as appropriate, recommend improvements in planning, development, and execution of emergency programs and provide security for designated officials.

 

 

o.      Office of Communications.

 

The Office of Communications will:

 

(1)   Provide leadership, expertise, counsel and coordination for developing communications strategies which are vital to the overall formulation, awareness and acceptance of USDA programs and policies and serves as the principal USDA contact point for the dissemination of consistent, timely information.

 

(2)   Operate and manage the USDA Joint Information Center and in the event of an incident requiring a coordinated Federal response, will:

 

(a)    Serve as the Department’s representative to the DHS in the implementation of ESF 15, External Affairs

 

(b)   Serve as the Department’s representative to DHS in providing the support specified in the NRF Public Affairs Support Annex, and

 

(c)    Serve as the Department’s representative to the DHS for the communications responsibilities specified in the NRF Food and Agriculture Incident Annex and/or participate in the DHS National Joint Information Center during emergencies.

 

 

p.      Office of the Chief Information Officer.

 

The Chief Information Officer will:

 

(1)   Provide USDA representation to the National Communications System (NCS) Committee of Principals in support of Executive Order 12472.

 

(2)    Coordinate telecommunications priority services which cannot be restored by normal procedures with the NCS.

 

(3)    Provide secure telephone communications policy guidance and assistance to USDA Agencies and staff offices nationwide under guidelines identified by the National Security Agency.

 

(4)   Coordinate emergency relocation of USDA's major computer centers.

 

 

q.      Office of Budget and Program Analysis.

 

The Office of Budget and Program Analysis will provide policy guidance on budget matters covering all emergency program assignments made to the Secretary of Agriculture, including procedures for budgeting and funding of administrative and project costs.

END