[Federal Register Volume 62, Number 233 (Thursday, December 4, 1997)]
[Proposed Rules]
[Pages 64174-64177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31727]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 62, No. 233 / Thursday, December 4, 1997 /
Proposed Rules
[[Page 64174]]
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DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
7 CFR Part 610
RIN 0578-AA22
Technical Assistance
AGENCY: Natural Resources Conservation Service, Agriculture.
ACTION: Proposed rule with request for comments.
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SUMMARY: Section 342 of the Federal Agriculture Improvement and Reform
Act of 1996 (the 1996 Act) expands the membership and roles of State
Technical Committees established pursuant to Section 1261 of the Food
Security Act of 1985 (the 1985 Act), as amended. Under Section 1261,
the Secretary must establish a technical committee in each State to
assist in making technical considerations related to the implementation
of the 1985 Act's conservation provisions. Consistent with the 1985
Act, the United States Department of Agriculture (USDA) uses these
State Technical Committees in an advisory capacity.
This proposed rule sets forth the policies and procedures for the
use of State Technical Committees by the USDA, the membership criteria,
and the responsibilities assigned to these Committees. It also amends
Sec. 610.2 to reflect the responsibilities assigned to the Natural
Resources Conservation Service (NRCS) beyond that of soil conservation.
This proposed rule amends Sec. 610.2 to acknowledge the NRCS mission to
promote the long-term sustainability of all agricultural lands,
including cropland, grazing land, pastureland, rangeland, and
forestland.
DATES: Comments must be received by January 5, 1998.
ADDRESSES: All comments concerning this proposed rule should be
addressed to: Gary Nordstrom, Director, Conservation Operations
Division, Natural Resources Conservation Service, P.O. Box 2890,
Washington, D.C. 20013-2890; Attention: State Technical Committee. Fax
(202) 720-1838. This rule may also be accessed, and comments submitted,
via Internet. Users can access the NRCS Federal Register homepage and
submit comments at: http://astro.itc.nrcs.usda.gov:6500.
FOR FURTHER INFORMATION CONTACT: Denise Coleman, Conservation
Operations Division, Natural Resources Conservation Service; phone:
(202) 720-9476; Fax: (202) 720-4265; E-mail:
denise__c.coleman@usda.gov, Attention: State Technical Committee.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This rule has been determined to be significant and was reviewed by
the Office of Management and Budget (OMB) under Executive Order 12866.
Pursuant to Sec. 6(a)(3) of Executive Order 12866, the NRCS has
conducted an economic analysis of the potential impacts associated with
this proposed rule. Because it is not possible to measure all costs or
benefits of State Technical Committee involvement in the decision-
making process using strict benefit-cost techniques, a cost effect
analysis was used. This analysis estimates that no material adverse
effects on the economy, a sector of the economy, agricultural
productivity, competition, jobs, the environment, public safety, or
State, local, or tribal governments or communities are expected from
implementation of this proposed rule.
Regulatory Flexibility Act
The Regulatory Flexibility Act is not applicable to this proposed
rule because USDA is not required by 5 U.S.C. 553 or any other
provisions of law to publish a notice of proposed rulemaking with
respect to the subject matter of this rule.
Environmental Evaluation
NRCS has determined that this proposed rule is within the
categorical exclusion for advisory and consultative activities under 7
CFR 1b.3(a)6; therefore, an environmental assessment was not conducted.
Paperwork Reduction Act
This proposed rule does not require identical collection of
information. As a result, the Paperwork Reduction Act provisions do not
apply.
Unfunded Mandates Reform Act of 1995
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995,
Public Law 104-4, the effects of this rulemaking action on State,
local, and tribal governments, and the public have been assessed. This
action does not compel the expenditure of $100 million or more by any
State, local, or tribal governments, or anyone in the private sector;
therefore, a statement under Section 202 of the Unfunded Mandates
Reform Act of 1995 is not required.
Federal Crop Insurance Reform and Department of Agriculture
Reorganization Act of 1994
USDA classified this proposed rule as not major, therefore,
pursuant to Section 304 of the Department of Agriculture Reorganization
Act of 1994, Public Law 103-354 a risk assessment was not required.
Background and Purpose
Section 1261 of the Food Security Act of 1985, as amended, sets out
the membership and roles of the State Technical Committees. The
Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6901 et
seq.) exempts State Technical Committees from provisions of the Federal
Advisory Committee Act (5 U.S.C. App.2).
NRCS proposes that State Technical Committee membership be expanded
to consist of individuals who represent a variety of natural resource
sciences and occupations, including those related to soil, water,
wetlands, plants, and wildlife. USDA believes the membership expansion
of State Technical Committees, which creates new sources of local
conservation expertise, is a positive step. However, NRCS believes that
the ultimate responsibility of the State Conservationist is to ensure
that all interests are adequately represented on the Committee.
As a result of the passage of the 1996 Act, eligibility for State
Technical Committee membership was expanded to include the private
sector. In addition to these members, NRCS proposes to add additional
agencies and groups based on their historical relationship with USDA
and State Technical Committees. These member agencies
[[Page 64175]]
and groups included the following: Environmental Protection Agency,
Bureau of Indian Affairs, U.S. Geological Survey, U.S. Army Corps of
Engineers, State Farm Service Agency Committee, and Federally
recognized American Indian Tribal Governments and Alaskan Native
Corporations, encompassing 100,000 acres or more in the State.
The State Technical Committees shall include one representative
from each of the following agencies or groups, unless the agency or
group declines membership:
NRCS, as Chairperson;
Farm Service Agency;
State Farm Service Agency Committee;
Forest Service;
Cooperative State Research, Education, and Extension
Service;
Rural Development;
Fish and Wildlife Service;
Bureau of Land Management;
Bureau of Indian Affairs;
U.S. Geological Survey;
U.S. Army Corps of Engineers;
Each of the Federally recognized American Indian Tribal
Governments and Alaskan Native Corporations, encompassing 100,000 acres
or more in the State;
State departments and agencies which the NRCS State
Conservationist deems appropriate, including a member from each of the
following:
--State fish and wildlife agency;
--State forester or equivalent official;
--State water resources agency;
--State department of agriculture;
--State association of soil and water conservation districts;
--State coastal zone management agency; State soil and water
conservation agency; and
--Other Federal, State, tribal and local agency representatives with
expertise in soil, water, wetlands, plant, and wildlife management, as
the NRCS State Conservationist considers appropriate.
In addition to other Federal, State, tribal, and local agency and
group membership, the State Technical Committees will include members
from the following private interests, including:
Agricultural producers with demonstrable conservation
expertise;
Nonprofit organizations with demonstrable conservation
expertise;
Persons knowledgeable about conservation techniques and
programs; and
Agribusiness.
To ensure that recommendations of the State Technical Committees
take into account the needs of the diverse groups served by the USDA,
membership shall include, to the extent practicable, individuals with
demonstrated ability to represent minorities, women, and persons with
disabilities.
In accordance with the preceding paragraphs, the NRCS State
Conservationist determines the membership on the State Technical
Committee. Individuals or groups wanting to participate on a State
Technical Committee may submit to the NRCS State Conservationist for
that State a request which explains their interest and outlines their
credentials which they believe are relevant to becoming a member of the
State Technical Committee. Decisions of the NRCS State Conservationist
concerning membership on the committee are final and not appealable to
any other individual or group.
State Technical Committee meetings are open to the public. This
rule proposes that the State Conservationist provide public notice of
meetings that consider issues relating to particular conservation
programs. The State Conservationist will publish a meeting notice no
later than 7 calendar days prior to the meeting. Notification may
exceed this 7 day minimum where State open meeting laws exist and
require a longer notification period. NRCS proposes that this notice be
published in one or more newspaper(s), including Tribally-recommended
publications, to achieve statewide notification. The State
Conservationist will schedule and conduct the meetings, although
meetings may be requested by any USDA agency as needed.
In some situations, specialized subcommittees, made up of State
Technical Committee members, may be needed to analyze and refine
specific issues. The State Conservationist, may assemble certain
members to discuss, examine, and focus on a particular technical or
programmatic topic. In such situations, where subcommittee meetings
occur, public notification and participation are not necessary.
Nevertheless, decisions resulting from these subcommittee sessions
shall be made only in a general session of the State Technical
Committee, where the public is notified and invited to attend.
The State Technical Committees have no implementation or
enforcement authority. However, the Committees' advisory capacity
extends to many of the USDA conservation programs. As set forth in
Section 1262 of the 1985 Act (16 U.S.C. 3862(c)), the responsibilities
of the State Technical Committee include recommendations on matters
such as:
The technical aspects of wetland protection, restoration,
and mitigation requirements;
Guidelines for haying or grazing and the control of weeds
to protect nesting wildlife on set-aside acreage;
Highly erodible land exemptions and appeals;
Wetland and highly erodible land conservation compliance
exemptions and appeals;
Methods to address common weed and pest problems and
programs to control weeds and pests found on acreage enrolled in the
Conservation Reserve Program (16 U.S.C. 3831-3836);
Guidelines for planting perennial cover for water quality
and wildlife habitat improvement on set-aside lands;
Criteria and priorities for state initiatives under the
Environmental Quality Incentives Program (EQIP) under chapter 4 of
subtitle D; and
Section 1262 of the 1985 Act (16 U.S.C. 3862(c)(8)) also provides that
State Technical Committees may offer recommendations on other matters
determined appropriate by the NRCS State Conservationist. USDA will
seek State Technical Committee recommendations including, but not
limited to, the following:
The establishment of the Wildlife Habitat Incentives
Program (WHIP), as set forth in Section 387 of the 1996 Act (16 U.S.C
3836a);
The development of a Wetland Reserve Program (WRP) (16
U.S.C. 3837) wetland restoration plan;
Program assistance to Environmental Quality Incentive
Program (EQIP) participants with significant statewide resource
concerns outside a priority area, 7 CFR part 1466;
Eligible conservation practices for an EQIP priority area
or for significant statewide resource concerns outside a priority area,
7 CFR part 1466;
Criteria to be used in defining a large confined livestock
operation under EQIP, 7 CFR part 1466;
Suggestions on how often producers' EQIP applications are
ranked and selected, 7 CFR part 1466;
Criteria to prioritize applications from applicants with
significant statewide resource concerns outside a priority area, 7 CFR
part 1466;
Statewide program guidelines applicable to WRP easement
compensation, restoration planning, priority ranking, and related
policy matters, 7 CFR part 1467;
Determination of cost share and incentive payment limits
for participants subject to environmental requirements or with
significant statewide resource concerns outside a
[[Page 64176]]
priority area, under the EQIP provision, 7 CFR part 1466;
Identification of any categories of conversion activities
and conditions which are routinely determined by NRCS to have minimal
effect on wetland functions and values as described in 7 CFR part 12;
and
Types or classes of wetland that are not eligible for
mitigation exemption, under the Wetland Conservation provisions, 7 CFR
part 12.
Technical Assistance
The NRCS delivers the majority of the technical assistance provided
to private landowners pursuant to 7 CFR 610.2. Section 610.2 has not
yet been revised to provide for the responsibilities assigned to the
NRCS beyond that of soil conservation (16 U.S.C 2005). To reflect the
broader mission of NRCS, particularly as it relates to technical
assistance provided to private grazing land (16 U.S.C. 2005b), NRCS is
amending Sec. 610.2 to acknowledge that one of NRCS' missions is to
improve the quality of all agricultural lands, including grazing land,
pastureland, rangeland, forestland, and cropland so that the long-term
sustainability of the resource base is achieved.
List of Subjects in 7 CFR Part 610
Soil conservation, Technical assistance, Water resources.
Accordingly part 610 of Title 7 of the Code of Federal Regulations
is amended as follows:
PART 610--[AMENDED]
1. The authority for part 610 is revised to read as follows:
Authority: 16 U.S.C. 590a-f, 590q, 2005, 2005b.
2. Section 610.2 is revised to read as follows:
Sec. 610.2 Scope.
(a) Conservation operations, including technical assistance, is the
basic soil and water conservation program of NRCS. This program is
designed to provide assistance to:
(1) Reduce soil losses from erosion;
(2) Help solve soil, water, and agricultural waste management
problems;
(3) Bring about adjustments in land use as needed;
(4) Reduce damage caused by excess water and sedimentation; and
(5) Improve the quality of all agricultural lands, including
grazing land, pastureland, rangeland, forestland, and cropland so that
the long-term sustainability of the resource base is achieved.
(b) The Natural Resources Conservation Service is the technical
agency of the U.S. Department of Agriculture for providing assistance
to conservation districts and other organizations in planning and
carrying out their conservation programs. NRCS works with individuals,
groups, and units of government to help them plan and carry out
conservation decisions to meet their objectives.
3. A new Subpart C is added to read as follows:
Subpart C--State Technical Committees
Sec.
610.21 Purpose and scope.
610.22 State Technical Committee membership.
610.23 State Technical Committee meetings.
610.24 Responsibilities of State Technical Committees.
Sec. 610.21 Purpose and scope.
This subpart sets forth the procedures for establishing and
utilizing the advice of State Technical Committees. USDA will use State
Technical Committees in an advisory capacity in the administration of
certain conservation programs and initiatives. These State Technical
Committees are exempt from the provisions of the Federal Advisory
Committee Act (5 U.S.C. App. 2). The NRCS shall establish in each State
a technical committee to assist in making technical recommendations
relating to the implementation of conservation provisions. This subpart
sets forth the membership guidelines and responsibilities of the State
Technical Committees.
Sec. 610.22 State Technical Committee membership.
(a) State Technical Committees shall include members who represent
a variety of natural resource sciences and occupations, including those
related to soil, water, wetlands, plants, and wildlife. The State
Conservationist is to ensure that all interests are equally
represented. Committee membership includes one representative from the
following agencies or groups, if willing to serve:
(1) NRCS, as Chairperson;
(2) Farm Service Agency;
(3) State Farm Service Agency Committee;
(4) Forest Service;
(5) Cooperative State Research, Education, and Extension Service;
(6) Rural Development;
(7) Fish and Wildlife Service;
(8) Environmental Protection Agency;
(9) Bureau of Land Management;
(10) Bureau of Indian Affairs;
(11) U.S. Geological Survey;
(12) U.S. Army Corps of Engineers;
(13) Each of the Federally recognized American Indian Tribal
Governments and Alaskan Native Corporations encompassing 100,000 acres
or more in the State;
(14) State departments and agencies which the NRCS State
Conservationist deems appropriate, including a member from each of the
following:
(i) State fish and wildlife agency;
(ii) State forester or equivalent official;
(iii) State water resources agency;
(iv) State department of agriculture;
(v) State association of soil and water conservation districts;
(vi) State soil and water conservation agency;
(vii) State coastal zone management agency; and
(15) Other Federal, State, tribal, and local agency personnel with
expertise in soil, water, wetlands, plant, and wildlife management, as
the NRCS State Conservationist considers appropriate.
(b) In addition to agency membership, State Technical Committees
shall contain members from the following private interests, including:
(1) Agricultural producers with demonstrable conservation
expertise;
(2) Nonprofit organizations with demonstrable expertise;
(3) Persons knowledgeable about economic and environmental impacts
of conservation techniques and programs; and
(4) Agribusiness.
(c) To ensure that recommendations of the State Technical
Committees take into account the needs of the diverse groups served by
the USDA, membership shall include, to the extent practicable,
individuals with demonstrated ability to represent minorities, women,
and persons with disabilities.
(d) In accordance with the guidelines in paragraphs (a), (b), and
(c) of this section, the State Conservationist determines membership on
the State Technical Committee. Individuals or groups wanting to
participate on a State Technical Committee within a specific State may
submit to the State Conservationist of that particular State a request
which explains their interest and outlines their credentials which they
believe are relevant to becoming a member of the State Technical
Committee. Decisions of the State Conservationist concerning membership
on the committee are final and not appealable to any other individual
or group within USDA.
[[Page 64177]]
Sec. 610.23 State Technical Committee meetings.
(a) The State Conservationist of each State chairs the State
Technical Committee. State Technical Committees shall provide public
notice of meetings that consider issues related to conservation
programs. The State Conservationist shall publish a meeting notice no
later than 7 calendar days prior to the meeting. Notification may
exceed this 7-day minimum where State open meeting laws exist and
require a longer notification period. The State Conservationist shall
publish this notice in at least one or more newspaper(s), including
Tribally-recommended publications, to attain statewide circulation.
(b) The State Conservationist, as Chairperson, schedules and
conducts the meetings, although a meeting may be requested by any USDA
agency as needed.
Sec. 610.24 Responsibilities of State Technical Committees.
(a) Each State Technical Committee established under this subpart
shall meet on a regular basis, as determined by the State
Conservationist, to provide information, analysis, and recommendations.
(b) The State Technical Committee shall provide, in writing to the
implementing USDA program agency, recommendations, data, and technical
analyses, which reflect the professional information and judgment of
the State Technical Committee. Such information, analyses, and
recommendations shall be provided in a manner that will assist in
determining matters of fact, technical merit, or scientific question.
(c) The implementing agency reserves the authority to accept or
reject the Committee's recommendations; however, the implementing
agency shall give strong consideration to the Committee's suggestions.
Signed in Washington, D.C. on November 28, 1997.
Thomas A. Weber,
Acting Chief, Natural Resources Conservation Service.
[FR Doc. 97-31727 Filed 12-3-97; 8:45 am]
BILLING CODE 3410-16-P
