[Federal Register Volume 59, Number 68 (Friday, April 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8467]
[[Page Unknown]]
[Federal Register: April 8, 1994]
VOL. 59, NO. 68
Friday, April 8, 1994
DEPARTMENT OF AGRICULTURE
Agricultural Stabilization and Conservation Service
7 CFR Part 704
Commodity Credit Corporation
7 CFR Part 1410
RIN 0560-AD54
Non-Emergency Haying and Grazing on Conservation Reserve Program
Grasslands
AGENCY: Agricultural Stabilization and Conservation Service, and
Commodity Credit Corporation, USDA.
ACTION: Advance notice of proposed rulemaking; notice of withdrawal.
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SUMMARY: The Commodity Credit Corporation (CCC) gives notice that it is
withdrawing the Advance Notice of Proposed Rulemaking considering the
revision of Conservation Reserve Program (CRP) regulations to allow
limited and periodic non-emergency haying and grazing of CRP grasslands
under specified conditions.
Because of the divergence of strongly held opinions expressed by
respondents on the issue, CCC believes that the deliberations on the
1995 farm bill will provide the appropriate forum for considering
appropriate uses to be made of CRP acres both when under contract and
after contract expiration; therefore, the Advance Notice of Proposed
Rulemaking published on December 20, 1993 (58 FR 66308) is hereby
withdrawn. In the meantime, USDA plans to develop an information and
education program to encourage greater utilization of currently
authorized management practices on CRP acreage that would be beneficial
to both the environment and the contract holder.
FOR FURTHER INFORMATION CONTACT: Thomas L. Browning, Director, Natural
Resources Analysis Division, Agricultural Stabilization and
Conservation Service (ASCS), P.O. Box 2415, Washington, DC 20013-2415;
Telephone 202-720-9685.
SUPPLEMENTARY INFORMATION:
I. Background
The CRP is provided for in Subtitle D of Title XII of the Food
Security Act of 1985, as amended (the Act). The CRP is administered on
behalf of CCC by ASCS. In the CRP, CCC makes annual rental payments to
persons who convert cropland to a conservation cover for a 10- or 15-
year period. Generally, sections 1232(a)(3) and 1232(a)(7) of the Act
require that no commercial use may be made of the CRP ground and that,
in particular, no haying or grazing will be permitted except as allowed
by the Secretary in response to a drought or similar emergency or in
other specialized cases identified in section 1232(a)(7). However,
section 1235(c)(1) allows contract modifications that serve the overall
goals of the program.
An Advance Notice of Proposed Rulemaking was published in the
Federal Register on December 20, 1993 (58 FR 66308), stating that CCC
was considering issuing a proposed rule that would allow approved
participants, under strict conditions, to hay or graze in non-emergency
situations in order to provide for better maintenance of the cover crop
and to allow for better conditions for wildlife. The purpose of the
Advance Notice of Proposed Rulemaking was to solicit public comments on
the acceptability of a non-emergency haying and grazing program and on
issues to be addressed if such a program were implemented.
II. Public Comments
Fifty-seven written responses were received from a variety of
sources, including producer groups, environmental and wildlife groups,
State wildlife and natural resource agencies, and other organizations
and individuals. Thirty-four respondents indicated support for
restricted non-emergency haying and grazing on CRP grasslands. However,
even among these respondents there was a wide divergency in views
relative to the type of restriction that would be considered
appropriate, e.g., frequency of harvesting and compensation offsets for
haying and grazing privileges. Sixteen respondents opposed any such
activity on the CRP. The position of seven respondents was not
apparent.
III. Decision
Upon consideration of the public comments received on the Advance
Notice of Proposed Rulemaking, CCC has decided to terminate the
rulemaking process regarding limited and restricted non-emergency
haying and grazing of CRP grasslands. The comments indicated a clear
and strong lack of consensus among the respondents concerning whether
such a program should be implemented. In addition, the numerous
substantive comments by the respondents indicated a significant lack of
agreement on the specific issues related to program implementation even
among those supporting some type of non-emergency haying and grazing.
In view of the divergence of opinions expressed by respondents on
the issue, CCC believes that the deliberations on the 1995 farm bill
will provide the appropriate forum for considering appropriate uses to
be made of CRP acres both when under contract and after contract
expiration. In the meantime, CCC plans to develop an information and
education program to encourage greater utilization of currently
authorized management practices on CRP acreage that would be beneficial
to both the environment and the contract holder.
Signed at Washington, DC, on April 4, 1994.
Bruce R. Weber,
Acting Administrator, Agricultural Stabilization and Conservation
Service, and Executive Vice President, Commodity Credit Corporation.
[FR Doc. 94-8467 Filed 4-7-94; 8:45 am]
BILLING CODE 3410-05-P