[Federal Register Volume 59, Number 6 (Monday, January 10, 1994)]
[Proposed Rules]
[Pages 1293-1305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-415]
[[Page Unknown]]
[Federal Register: January 10, 1994]
VOL. 59, NO. 6
Monday, January 10, 1994
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DEPARTMENT OF AGRICULTURE
Agricultural Stabilization and Conservation Service
7 CFR Part 701
RIN 0560-AD08
Conservation and Environmental Programs
AGENCY: Agricultural Stabilization and Conservation Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This proposed rule revises the Agricultural Stabilization and
Conservation Service (ASCS) regulations governing the Agricultural
Conservation Program (ACP), Emergency Conservation Program (ECP), and
the Forestry Incentives Program (FIP). This proposed rule incorporates
amendments made to the ACP, ECP, and FIP; revises procedures to reflect
current policies; and incorporates the Water Quality Incentive Projects
(WQIP) into the ACP.
DATES: Comments must be received on or before February 9, 1994 in order
to be assured of consideration.
ADDRESSES: Send comments on this proposed rule to Director,
Conservation and Environmental Protection Division, United States
Department of Agriculture (USDA), P.O. Box 2415, Washington, DC 20013-
2415. All written submissions made pursuant to this rule will be
available for further inspection in room 4714, South Building, USDA,
between the hours of 8:15 a.m. and 4:45 p.m., Monday through Friday,
except holidays.
FOR FURTHER INFORMATION CONTACT: Chief, Conservation and Environmental
Activities Branch, Conservation and Environmental Protection Division,
ASCS, USDA, P.O. Box 2415, Washington, DC 20013-2415, telephone 202-
720-7333.
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
Information collection requirements contained in the current
regulation at 7 CFR part 701 have been approved by the Office of
Management and Budget under the provisions of 44 U.S.C. chapter 35 and
have been assigned OMB Number 0560-0082. ASCS will resubmit these
requirements to OMB for review in light of the amendments set forth in
this proposed rule.
Executive Order 12866
This proposed rule is issued in conformance with Executive Order
12866. Based on information compiled by the Department, it has been
determined that this proposed rule:
(1) Would have an annual effect on the economy of less than $100
million;
(2) Would not adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities;
(3) Would not create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency;
(4) Would not alter the budgetary impact of entitlements, grants,
user fees, or loan programs or rights and obligations of recipients
thereof; and
(5) Would not raise novel legal or policy issues arising out of
legal mandates, the Presidents's priorities, or principles set forth in
Executive Order 12866.
Federal Assistance Program
The titles and numbers of the Federal Assistance Programs, as found
in the Catalog of Federal Domestic Assistance, to which this rule
applies are: Agricultural Conservation Program (ACP)--10.063; Emergency
Conservation Program (ECP)--10.054; and Forestry Incentives Program
(FIP)--10.064.
Regulatory Flexibility Act
It has been determined that the Regulatory Flexibility Act is not
applicable to this rule since ASCS is not required by 5 U.S.C. 553 or
any other provision of law to publish a notice of proposed rulemaking
with respect to the subject matter of this rule.
Environmental Evaluation
It has been determined by an environmental evaluation that this
action will have no significant impact on the quality of the human
environment, health, and safety. Therefore, neither an Environmental
Assessment nor an Environmental Impact Statement is needed.
Executive Order 12372
This program is not subject to the provisions of Executive Order
12372 which requires intergovernmental consultation with State and
local officials. See the Notice related to 7 CFR part 3015, subpart V,
published at 48 FR 29115 (June 24, 1983).
Executive Order 12778
This proposed rule has been reviewed in accordance with Executive
Order 12778. The provisions of this proposed rule are not retroactive
and preempt State laws to the extent they are not consistent with the
provisions of this proposed rule. Before any judicial action may be
brought regarding the provisions of this proposed rule, the
administrative appeal provisions of 7 CFR part 780 must be exhausted.
Background
The ACP is authorized generally by Sections 7-17 of the Soil
Conservation and Domestic Allotment Act as amended (the Act) (16 U.S.C.
22590g et seq.). The program provides financial and technical
assistance to encourage agricultural producers to voluntarily perform
enduring soil and water conservation, water quality, and pollution
abatement measures, including practices or programs which are deemed
essential to maintain soil productivity, prevent soil depletion,
maintain water quality, or prevent increased cost of production.
A WQIP is authorized by the Food, Agriculture, Conservation, and
Trade Act of 1990 (16 U.S.C. 3831 et seq.). However, Congress funded
WQIP as a part of the ACP. Accordingly, the WQIP is a voluntary
incentive program conducted pursuant to the Act to develop and
implement agricultural water quality protection plans on up to 10
million acres.
The ECP is authorized by the Agricultural Credit Act of 1978 (16
U.S.C. 2201 et seq.). This program is designed to provide cost-share
assistance for emergency restoration work to meet only the critical
needs of agricultural producers due to drought or other natural
disaster.
The FIP is authorized by section 4 of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2103) and is designed to increase the
nation's supply of timber products from private nonindustrial forest
lands. The purpose of FIP is to encourage private landowners to apply
forestry practices that will provide for afforestation of suitable open
lands and reforestation of cut-over or other nonstocked forest lands
and to encourage intensive multi-purpose forest resource management and
protection so as to provide for cost-effective timber production and
other related forest resources needs.
The regulation governing these programs is being restructured and
simplified to provide an easier and more effective structure for the
use of this regulation. The ACP is being revised to:
(1) Incorporate several amendments that have been published in the
Federal Register;
(2) Incorporate the WQIP;
(3) Clarify that producers wanting to participate with practice
WP4, Agricultural Waste Control Facilities, must have been in operation
for at least 5 years;
(4) Adjust the LTA payment limitation to reflect that the payment
limitation shall be based on the number of years remaining on the LTA;
and
(5) reflect that payments shall be based on attribution. The ECP is
being revised to:
(1) Reflect that the Disaster Assistance Act of 1989 (16 U.S.C.
2202) authorized assistance for confined livestock operations; and
(2) Define land subject to frequent damage which is ineligible for
cost-share assistance.
The FIP is being restructured for clarity.
Currently, ACP practices are prioritized locally by county
Agricultural Stabilization and Conservation committees to ensure that
the most severe conservation and environmental problems are addressed.
However, this county committee prioritization process has been
criticized as not addressing the most severe conservation and
environmental problems. Therefore, comments are requested regarding the
manner in which ACP practices and allocation of funds could be
prioritized to achieve greater conservation and environmental benefits
at the least Federal cost. Although not exclusive, such considerations
for prioritization may be based on temporary versus longer-term
practices or type of conservation or environmental benefit. Further,
consideration should be given to whether priorities should be
established by the National, State, or county Agricultural
Stabilization and Conservation Service offices. Moreover, for ACP, ECP
and FIP, comments are requested on ways in which the programs can best
be targeted in order to ensure that public benefits, rather than
private benefits are maximized with Federal expenditures. For example,
the use of ACP for temporary practices may not provide large public
benefits.
Comments are requested as to whether funds should be targeted
toward designated areas with impaired water quality. Similarly, cost-
share practices could be selected for a region where they will
contribute to an identified problem. Thus, nutrient management
practices would be designated as a cost-share option in areas where
nutrients have been identified as a water quality problem.
List of Subjects in 7 CFR Part 701
Disaster assistance, Forest and forest products, Grant programs--
agriculture, Grant programs--natural resources, Reporting and
recordkeeping requirements, Rural areas, Soil conservation, Water
resources, Wildlife.
For the reasons set forth in the preamble, 7 CFR Part 701 is
proposed to be revised to read as follows:
PART 701--CONSERVATION AND ENVIRONMENTAL PROGRAMS
Subpart A--General Provisions
Sec.
701.1 Background.
701.2 Administration.
701.3 Definitions.
701.4 Restriction on program eligibility.
701.5 Practice specifications.
701.6 Responsibility for referred technical phases of practices.
701.7 Items of costs on which rates of cost-share assistance may be
based.
701.8 Repair, upkeep, and maintenance of practices.
701.9 Public benefits when installing practices.
701.10 Payments for uncompleted practices.
701.11 Practices involving the establishment or improvement of
vegetative cover.
701.12 Failure to meet minimum requirements or failure to comply
fully with program provisions.
701.13 Practices carried out with aid from ineligible persons.
701.14 Division of cost-share assistance.
701.15 Applying cost-share assistance limitations.
701.16 Persons eligible to file application for payment of cost-
share assistance.
701.17 Time and manner of filing application and required
information.
701.18 Death, incompetency, or disappearance.
701.19 Appeals.
701.20 Performance based on advice or action of COC or STC.
701.21 Compliance with regulatory measures.
701.22 Maintenance and use of practice.
701.23 Actions defeating purpose of program.
701.24 Depriving others of cost-share assistance.
701.25 Filing false claims.
701.26 Cost-share assistance not subject to claims.
701.27 Assignments.
701.28 Environmental considerations.
701.29 Information collection requirements.
701.30-701.99 [Reserved]
Subpart B--Agricultural Conservation Program
701.100 Program objective.
701.101 State funds.
701.102 County funds.
701.103 Availability of funds.
701.104 Eligible person.
701.105 Eligible land.
701.106 Conservation practices.
701.107 County programs.
701.108 State programs.
701.109 Selection of practices.
701.110 Levels and rates of cost-share assistance.
701.111 Starting practices.
701.112 Method of approval.
701.113 Long-term agreements.
701.114 Replacement, enlargement, or restoration.
701.115 Pooling agreements.
701.116 Special provisions for low-income farmers and ranchers.
701.117 Maximum cost-share assistance limitation.
701.118 Completion of practices.
701.119 Time of filing payment application.
701.120 Water Quality Incentive Projects.
701.121-701.199 [Reserved]
Subpart C--Emergency Conservation Program
701.200 Program objective.
701.201 Program availability.
701.202 Eligibility of person and land.
701.203 Emergency Conservation Program practices.
701.204 Practice approval.
701.205 Extent of cost-share assistance.
701.206 Eligible costs.
701.207 Filing requests.
701.208 Approving requests.
701.209 Pooling agreements.
701.210 Payment approval.
701.211-701.299 [Reserved]
Subpart D--Forestry Incentives Program
701.300 Program objective.
701.301 Designated counties.
701.302 Eligible person, land, and ownerships.
701.303 Program funds.
701.304 Eligible practices and cost-share assistance requirements.
701.305 The national FIP.
701.306 Development of State FIP.
701.307 Development of county FIP.
701.308 Adaptation of practices.
701.309 Levels and rates of cost-share assistance.
701.310 Prior approval for cost-share assistance.
701.311 Methods of approval.
701.312 Long-term agreements.
701.313 Restoration of practices.
701.314 FIP maximum cost-share assistance limitations.
701.315 Completion of practice.
701.316 Time of filing payment application.
701.317-701.399 [Reserved]
Authority: 16 U.S.C. 590d, 590g-590o, 590p(a), 590q, 1501-1510,
1606, 2101-2111, 2201-2205, 3831; 48 U.S.C. 1469d(c).
Subpart A--General Provisions
Sec. 701.1 Background.
(a) Through the conservation and environmental programs
administered by the Department of Agriculture, the Federal Government
will share with farmers, ranchers, and other eligible private
landowners in the United States and the applicable territories and
possessions of the United States, the cost of performing:
(1) Approved soil and water conservation, water quality, and
pollution abatement practices including related wildlife conservation
practices.
(2) Emergency conservation measures.
(3) Approved forestry practices.
(b) The Federal Government will provide incentive payments to
farmers, ranchers, and other private landowners in applicable areas of
the United States to establish Water Quality Incentive Projects (WQIP)
practices.
(c) Cost-share assistance or incentive payments may be made
available to eligible program participants by the Agricultural
Stabilization and Conservation Service (ASCS) for:
(1) Soil and water conservation, water quality, and pollution
abatement practices under the Agricultural Conservation Program (ACP)
which includes WQIP.
(2) Practices to correct damage to land or conservation practices
caused by natural disaster under the Emergency Conservation Program
(ECP).
(3) Installation of water conservation measures under the ECP
during periods of severe drought.
(4) Forestry practices under the ACP and the Forestry Incentives
Program (FIP).
(d) Information on the practices for which costs will be shared,
the exact specifications and rates of cost-share assistance for such
practices, and the eligibility requirements for participating in the
programs, may be obtained from the County Agricultural Stabilization
and Conservation (ASC) Committee (county committee) for the county in
which the farm, ranch, or other eligible land is administered or from
the State ASC committee (State committee) for the State in which such
county is located.
(e) The provisions at subpart A apply to the programs specified in
subparts B through D.
Sec. 701.2 Administration.
(a) The regulations in this part will be administered under the
general supervision of the Administrator, ASCS and shall be carried out
in the field by State and county Agricultural Stabilization and
Conservation committees (State and county ASC committees).
(b) State and county ASC committees, and representatives and
employees thereof do not have the authority to modify or waive any of
the provisions of the regulations of this part.
(c) The State ASC committee shall take any action required by these
regulations which has not been taken by the county ASC committee. The
State ASC committee shall also:
(1) Correct, or require a county ASC committee to correct any
action taken by such county ASC committee which is not in accordance
with the regulations of this part, or
(2) Require a county ASC committee to withhold taking any action
which is not in accordance with the regulations of this part.
(d) No provision or delegation herein to a State or county ASC
committee shall preclude the Administrator, ASCS, or a designee, from
determining any question arising under the regulations of this part or
from reversing or modifying any determination made by a State or county
ASC committee.
Sec. 701.3 Definitions.
(a) The terms defined in part 719 of this chapter shall be
applicable to this part and all documents issued in accordance with
this part, except as otherwise provided in this section.
(b) The following definitions shall apply to this part:
ACP means the Agricultural Conservation Program.
Applicant means a person who submits to ASCS an intention to
participate in a cost-share program.
ASCS means the Agricultural Stabilization and Conservation Service
of the United States Department of Agriculture.
Conservation District (CD) means a subdivision of a State organized
pursuant to an applicable State Conservation District law or in
instances where a CD does not exist, the State Conservationist of the
Soil Conservation Service.
Cost-share payment means the payment made by ASCS to producers who
complete an approved program practice.
County committee (COC) means the Agricultural Stabilization and
Conservation county committee of the ASCS.
County Conservation Review Group (CCRG) consists of the county ASC
committee; the county extension agent; a Soil Conservation Service
(SCS) representative; a Forest Service (FS) representative; a Farmers
Home Administration representative; a representative of the State
forestry agency or its equivalent, when the representative accepts an
invitation to be a member of the group; and a representative of the CD
in the county, where the governing board of the district accepts an
invitation to designate a representative (if there is more than one
district in the county, the governing boards of the districts may
jointly designate one person to represent all the districts). The CCRG
shall have the responsibilities as provided for in Secs. 701.107 and
701.307.
CPO means the conservation plan of operations developed for the
participant by the SCS.
Deputy Administrator means the Deputy Administrator, State and
County Operations, or designee, of the ASCS.
ECP means the Emergency Conservation Program.
Eligible person means a person who meets all program eligibility
requirements and is eligible to participate and receive assistance.
Farm or ranch means that area of land considered as a farm under
the regulations governing reconstitution of farms, allotments, and
bases, at part 719 of this chapter, as amended, for ACP, ECP, and WQIP,
and, for the FIP, farm or ranch means eligible land (or ownership
tracts) as provided in Sec. 701.302.
FIP means the Forestry Incentives Program.
FS means the Forest Service of the United States Department of
Agriculture.
Incentive payment means, unless the context indicates otherwise,
the incentive payment specified in the WQIP agreement which, subject to
the availability of funds, is made to a participant to compensate such
participant who implemented conservation practices or management
changes that reduce agricultural pollutants.
National Conservation Review Group (NCRG) consists of
representatives of the ASCS; SCS; U.S. Forest Service; Extension
Service; Economic Research Service; Farmers Home Administration;
Agricultural Research Service; Office of General Counsel, U.S.
Department of Agriculture; Office of Budget, Planning and Analysis,
U.S. Department of Agriculture; Environmental Protection Agency; Office
of Management and Budget; and Fish and Wildlife Service, U.S.
Department of the Interior (DOI). The NCRG is responsible for
recommending changes to the Administrator, ASCS, in program
administrative procedures and policy guidelines, and evaluations of
program effectiveness and operating arrangements.
Participant means an owner, operator, landlord, tenant, or
sharecropper of a farm or ranch who shares in the cost of the practice
and who will receive cost-share or incentive assistance.
Program year means the Federal fiscal year for accounting purposes.
SCS means the Soil Conservation Service of the United States
Department of Agriculture.
State means any one State of the United States, Puerto Rico, the
Virgin Islands, and:
(1) In the case of the ACP and ECP, Guam, the American Samoa, and
the Commonwealth of the Northern Mariana Islands; and
(2) In the case of the FIP, Guam, the American Samoa, the
Commonwealth of the Northern Mariana Islands, the Trust Territory of
the Pacific Islands and the territories and possessions of the United
States.
State committee (STC) means the ASCS State Agricultural
Stabilization and Conservation Committee.
State Conservation Review Group (SCRG) consists of the STC, the
State Director of Extension; the State Conservationist of the SCS; a
representative of the U.S. Forest Service; a representative of the
Farmers Home Administration; a representative of the State forestry
agency, or its equivalent, when the representative accepts an
invitation to be a member of the group; a representative of the State
Soil Conservation Committee, or its equivalent, when the representative
accepts an invitation to be a member of the group; and a representative
of the State water quality agency, or its equivalent when it accepts an
invitation to be a member of the group. The SCRG has the responsibility
provided for in Sec. 701.108.
State Forestry Committee, or its equivalent, consists of the State
forester or equivalent State official, who serves as chairperson; and a
representative at the State level of the following USDA agencies: ASCS;
FS; Extension Service; Farmers Home Administration; and SCS. At the
discretion of the State Forestry Committee, State and local interests
may also be involved. The function of the State Forestry Committee is
to coordinate forestry budget proposals, agency roles in education,
technical assistance, technology transfers, and forestry incentives.
WQIP means the Water Quality Incentive Projects authorized under
the ACP.
WQIP Agreement means the program agreement including the applicable
water quality resource management plan entered into between ASCS and
the participant. Such agreement shall set forth the terms and
conditions for participation in the WQIP pursuant to this part.
Sec. 701.4 Restriction on program eligibility.
The regulations in part 796 of this chapter prohibiting the making
of payments to program participants who harvest or knowingly permit to
be harvested for illegal use, marijuana or other such prohibited drug-
producing plants on any part of the land owned or controlled by such
program participants are applicable to these programs.
Sec. 701.5 Practice specifications.
(a) Minimum specifications that practices must satisfy to be
eligible for cost-share assistance shall be set forth in the county
program within the authority established by the STC and Deputy
Administrator, State and County Operations (DASCO) or incorporated by
specific reference to a standard publication or other written document
containing such specifications.
(b) Practice specifications shall represent the minimum levels of
performance needed in order for the practice to be effective in meeting
the program objective. Cost-share assistance shall be limited to these
minimum levels.
Sec. 701.6 Responsibility for referred technical phases of practices.
The SCS and the FS are responsible for technical phases of
practices as assigned and such assignment will be specified in State
and county programs.
(a) The SCS State Conservationist may use the expertise from
private consultants, State, or Federal agencies in performing the
assigned responsibilities if SCS certifies that assigned practices are
completed properly. No responsibilities will be assigned for counties
when DASCO and the Chief, SCS, determine that it would not be
administratively practicable for the SCS to discharge such
responsibilities. In such counties, these responsibilities shall be
assumed by COC's. The SCS may utilize resources of the State forestry
agencies in performing assigned responsibilities for practices
involving the establishment of windbreaks or shelterbelts on farmland
to prevent wind erosion.
(b) The FS is responsible for the technical phases of practices or
components of practices involving the planting of trees for forestry
purposes and those involving the improving or protecting of a stand of
forest trees as specified in State and county programs. The FS may use
the assistance of private consultants, State, or Federal agencies in
performing these assigned responsibilities if FS certifies that
assigned practices are completed properly; however, services of State
forestry agencies will be used to the extent that such services are
available.
Sec. 701.7 Items of cost on which rates of cost-share assistance may
be based.
Except as otherwise provided by ASCS, the cost of any direct and
significant factor in the performance of a practice may be considered
in establishing the rate of cost-share assistance for the practice.
Sec. 701.8 Repair, upkeep, and maintenance of practices.
Cost-share assistance shall not be authorized for repairs or for
normal upkeep or maintenance of any practice.
Sec. 701.9 Public benefits when installing practices.
Persons responsible for any aspect of performing practices shall
install the practices to promote public benefits by:
(a) Improving or preserving environmental quality and ecological
balance by preventing or abating pollution and other environmental
degradation;
(b) Benefiting the community by such means as preserving open space
or enhancing the appearance of the area;
(c) Benefiting wildlife and other desirable life forms;
(d) Preserving historic, archeological, or scenic sites, wetlands,
ecologically critical areas, and prime farmlands;
(e) Avoiding the creation of hazards to persons or animals; and
(f) Avoiding actions that may adversely affect an endangered or
threatened species or flood plains.
Sec. 701.10 Payments for uncompleted practices.
Cost-share assistance approved under these programs shall not be
considered earned until all components of the approved practice are
completed according to applicable specifications and program
provisions. Cost-share assistance for completed components of an
approved practice may be paid only on the condition that the eligible
participant will complete the remaining components of the practice
within the time prescribed by the COC regardless of whether cost-share
assistance is offered for them unless the COC subsequently determines
they are prevented from doing so because of reasons beyond their
control.
Sec. 701.11 Practices involving the establishment or improvement of
vegetative cover.
(a) Costs may be shared even though an adequate stand is not
established, for practices involving the establishment or improvement
of vegetative cover, including trees, if the COC determines, according
to standards approved by the STC, that the practice was carried out in
a manner which could normally result in the establishment of an
adequate stand and that failure to establish an adequate stand was due
to weather or other conditions beyond the control of the participant.
The COC may require, as a condition of cost-share assistance in such
cases, that the area be reseeded or replanted or that other needed
protective measures be performed. Cost-share assistance in such cases
may also be approved for repeat applications of measures previously
performed or for additional eligible measures. Cost-share assistance
for such measures may be approved to the extent such measures are
needed to ensure an adequate stand even though the measures may be less
than that required by the applicable practice wording for initial
approvals.
(b) In the case of FIP, replanting of trees is required where the
landowner received cost-share assistance for site preparation.
Sec. 701.12 Failure to meet minimum requirements or failure to comply
fully with program provisions.
(a) Notwithstanding other provisions of these programs, costs may
be shared for performance actually rendered even though the minimum
requirements for a practice are not satisfied, if the participant
establishes to the satisfaction of the COC and the county
representative of any other agency having responsibility for technical
phases of the practice that a reasonable effort was made to satisfy the
minimum requirements and that the practice as performed adequately
solves the need for the practice.
(b) Notwithstanding the provisions in paragraph (a) of this
section, the Deputy Administrator may in accordance with part 791 of
this chapter authorize relief when a participant acting in good faith
failed to fully comply with the program provisions.
Sec. 701.13 Practices carried out with aid from ineligible persons.
Financial assistance which is made available, or will be made
available, to a program participant from a person ineligible for cost-
share assistance under this part for the practice, including aid from a
State or Federal agency other than aid made available under this part,
shall be deducted from the program participant's total costs incurred
for the practice for purposes of determining the applicant's eligible
reimbursable costs under this part.
Sec. 701.14 Division of cost-share assistance.
(a) The cost-share assistance shall be credited to the participant
who performed the practice. If more than one person contributed to the
performance of the practice, the cost-share assistance for the practice
shall be divided among those persons in the proportion that the COC
determines they contributed to the performance of the practice. In
making this determination, the COC shall consider the value of the
labor, equipment, or material contributed by each person toward
performance.
(b) The allowance by an eligible person of a credit to another
eligible person in the form of an adjustment in rental, an exchange of
cash or other consideration shall not be considered as a contribution
to the performance of any practice, unless ASCS is satisfied that such
credit is directly related to the cost of the practice. A person fully
reimbursed through an adjustment in rental, an exchange of cash, or
other consideration shall not be considered as having contributed to
the practice performance.
Sec. 701.15 Applying cost-share assistance limitations.
(a) All or any part of cost-share assistance which otherwise would
be due any participant for a program year may be withheld, or required
to be refunded, if, with respect to that program year, the participant
has adopted, or participated in adopting, any scheme or device designed
to evade a maximum cost-share limitation.
(b) The provisions of 7 CFR 1497.109(a), which provide that
payments shall be attributed to each member of an entity, shall apply
in determining whether certain individuals or other entities are to be
considered as separate persons for the purpose of applying any maximum
payment limitations provided for in this part.
Sec. 701.16 Persons eligible to file application for payment of cost-
share assistance.
Any eligible person as defined in Secs. 701.104, 701.202, and
701.302, who bore a part of the cost of an approved practice, is
eligible to file an application for cost-share assistance. For ACP
practice WP4, Agricultural Waste Control Facilities, an eligible person
is one who has been in an operation from which the agricultural waste
is produced for at least 5 years.
Sec. 701.17 Time and manner of filing application and required
information.
(a) Participants shall submit to the county office the information
needed to establish the extent of the performance of approved practices
and compliance with applicable program provisions. The time limits for
submission of such information shall be established where necessary for
efficient administration of the programs. Such time limits shall afford
a full and fair opportunity to those eligible to submit the information
within the period prescribed. At least 2 weeks notice of any general
time limit prescribed shall be provided to the public.
(b) Other means of notification of program availability including
radio announcements and individual notices to the person affected,
shall be used to the extent practicable. Notice of such time limits
which are applicable to individual persons, such as time limits for
reporting performance of approved practices, shall be issued in writing
to the person affected. Exceptions to the time limits may be made in
cases where failure to submit required forms and information within the
applicable time limits is due to reasons beyond the control of the
farmer or rancher.
Sec. 701.18 Death, incompetency, or disappearance.
In case of death, incompetency, or disappearance of any
participant, any cost shares due shall be paid to the successor,
determined in accordance with provisions of the regulations in part 707
of this chapter.
Sec. 701.19 Appeals.
Any person may obtain reconsideration and review of determinations
affecting participation in these programs, in accordance with part 780
of this chapter.
Sec. 701.20 Performance based on advice or action of COC or STC.
Cases involving performance rendered in good faith in reliance upon
action or advice of an authorized representative of a STC or COC shall
be considered according to part 790 of this chapter.
Sec. 701.21 Compliance with regulatory measures.
Participants who perform practices shall be responsible for
obtaining the authorities, rights, easements, or other approvals
necessary to the performance and maintenance of the practices according
to applicable laws and regulations. The participant with whom the cost
of the practice is shared shall be responsible to the Federal
Government for any losses it may sustain because such participant
infringes on the rights of others or fails to comply with applicable
laws or regulations.
Sec. 701.22 Maintenance and use of practice.
Each participant receiving cost-share assistance is responsible for
the required maintenance and proper use of the practice. Each practice
shall have an established lifespan or minimum period of time that it is
expected to function as a conservation practice with proper
maintenance. If ASCS determines that a practice has not been properly
maintained for the established lifespan, the participant receiving the
cost-share assistance shall refund all or any part of such cost-share
assistance as determined appropriate by the ASC COC. Further, any
agreement providing for cost-share assistance will be terminated, with
respect to the land on which the practice is located, if there is
voluntary loss of control of the land by the participant receiving the
cost-share assistance and the person acquiring control of such land
elects not to become a successor in interest to the agreement. If the
agreement providing for cost-share assistance is terminated as a result
of the voluntary loss of control of the land, each participant
receiving cost-share assistance under that agreement shall be liable
for refunding to ASCS any cost-share assistance which has been received
with respect to the practice. In addition, such person shall forfeit
any right to receive any further cost-share assistance with respect to
the land on which the practice is located.
Sec. 701.23 Actions defeating purpose of program.
If the STC or COC determines that a participant has taken any
action which tends to defeat the purposes of these programs, the
participant may be required to refund all or part of any of these
program payments otherwise due or paid that participant during the
program year. These actions include, but are not limited to, failure to
properly maintain or deliberately destroying a practice carried out
under a prior program year.
Sec. 701.24 Depriving others of cost-share assistance.
If the STC or COC determines that any participant has employed any
scheme or device to deprive any other person of cost-share assistance,
the participant may be required to refund all or part of any of these
program payments otherwise due or paid that person during the program
year. A scheme or device includes, but is not limited to, coercion,
fraud, or misrepresentation.
Sec. 701.25 Filing false claims.
If the STC or COC determines that any person has knowingly supplied
false information or filed a false claim, that person is ineligible for
cost-share assistance under the program year with respect to which
information or claim was filed. False information or a false claim
includes, but is not limited to, a request for payment for a practice
not carried out or for practices which do not meet the required
specifications. Any amounts paid under these circumstances shall be
refunded and any amounts otherwise due the participant shall be
withheld. The withholding or refunding of cost shares will be in
addition to any other penalty or liability otherwise imposed by law.
Sec. 701.26 Cost-share assistance not subject to claims.
Any cost-share assistance or portion thereof due any participant
shall be allowed without regard to questions of title under State law,
and without regard to any claim or lien against the crop, or proceeds
thereof, in favor of the owner or any other creditor except agencies of
the U.S. Government. The regulations issued by the Secretary governing
offsets and withholdings at part 1403 of this title shall be applicable
to these programs.
Sec. 701.27 Assignments.
Any participant who may be entitled to any cost-share assistance
under these programs may assign the right thereto, in whole or in part,
according to the regulations governing the assignment of payments at 7
CFR part 1404.
Sec. 701.28 Environmental considerations.
All actions implemented under the programs in this part shall be in
compliance with regulations issued at part 799 of this chapter, which
includes the procedures for complying with the National Environmental
Policy Act, Floodplain Management and Wetland Protection and other
environmental concerns.
Sec. 701.29 Information collection requirements.
Information collection requirements contained in this part have
been approved by the Office of Management and Budget under the
provisions at 44 U.S.C. Chapter 35 and have been assigned OMB Number
0560-0082.
Secs. 701.30-701.99 [Reserved]
Subpart B--Agricultural Conservation Program
Sec. 701.100 Program objective.
(a) The objective of the ACP is to restore and protect the Nation's
land and water resources. This objective will be accomplished through a
program that considers:
(1) The need to control erosion and sedimentation from agricultural
land and conserve the water resources on such land.
(2) The need to control pollution from animal wastes.
(3) The need to facilitate sound resource management systems
through soil and water conservation.
(4) The need to encourage voluntary compliance by agricultural
producers with Federal and State requirements to solve point and
nonpoint sources of pollution.
(5) National priorities reflected in the National Environmental
Policy Act of 1969, the Resource Conservation Act of 1977, and other
congressional and administrative actions.
(6) The degrees to which the measures contribute to the national
objective of ensuring a continuous supply of food and fiber necessary
for the maintenance of a strong and healthy people and economy.
(7) The type of conservation measures needed to improve water
quality.
(8) The need to improve water quality.
(b) These objectives will ensure the continued supply of food and
fiber necessary for the maintenance of a strong and healthy people and
economy and provide for environmental conservation or enhancement.
Sec. 701.101 State funds.
Funds available for practices to be performed under the ACP will be
distributed among the States as determined by the Deputy Administrator.
Sec. 701.102 County funds.
The STC will allocate the funds available for practices among the
counties within the State consistent with the ACP's objective, and will
give particular consideration to the furtherance of special projects,
watershed conservation projects, resource conservation development
projects, approved State water quality plans, and other conservation
and pollution abatement projects sponsored locally.
Sec. 701.103 Availability of funds.
(a) The paying of the cost-share assistance provided herein is
contingent upon such appropriation as the Congress may provide for such
purpose; and the amounts of such cost shares shall be within the limits
authorized by such appropriation.
(b) Funds available for the ACP may be made available as needed for
practices to be performed under the Naval Stores Conservation Program,
according to instructions issued by the Deputy Administrator.
Sec. 701.104 Eligible person.
An eligible person is a farmer or rancher who as an individual,
partnership, association, corporation, estate, trust, other business
enterprise, or other legal entity (excluding districts which have
taxing authority, Federal agencies, States and State agencies,
including political subdivisions of a State) and, as an owner,
landlord, tenant, or sharecropper, participates or has an interest in
the operation of a farm or ranch for which cost share assistance has
been requested.
Sec. 701.105 Eligible land.
(a) The program is applicable to:
(1) Privately-owned lands;
(2) Land owned by a State or political subdivision of a State;
(3) Lands owned by corporations which are partly owned by the
United States;
(4) Lands temporarily owned by the United States or a corporation
wholly owned by it, which were not acquired or reserved for
conservation purposes, including lands administered by the Farmers Home
Administration, the U.S. Department of Defense, or by any other
Government agency designated by the Deputy Administrator.
(5) Any cropland operated by private persons which is owned by the
United States or a corporation wholly owned by it;
(6) Native American lands, except that where grazing operations are
carried out on Native American lands administered by the DOI, such
lands are within the scope of the program only if covered by a written
agreement approved by the DOI giving the operator an interest in the
grazing and forage growing on the land and a right to occupy the land
in order to carry out the grazing operations; and
(7) Noncropland owned by the United States on which practices are
performed by private persons where such practices directly conserve or
benefit nearby or adjoining privately owned lands of the persons
performing the practices and such persons maintain and use such
federally owned noncropland under agreement with the Federal agency
having jurisdiction thereof.
(b) The program is not applicable to:
(1) Noncropland owned by the United States which was acquired or
reserved for conservation purposes, or which is to be retained
permanently under Government ownership, including, but not limited to,
grazing lands administered by the FS, or by the Bureau of Land
Management, DOI (including lands administered under the Taylor Grazing
Act), or the Fish and Wildlife Service, DOI, except as indicated in
paragraph (a)(7) of this section.
(2) Nonprivate persons for performance of practices on any land
owned by the United States or a corporation wholly owned by it. A
nonprivate person is anyone except an individual, partnership,
association, corporation, estate, trust, or other business enterprise,
or other legal entity (excluding districts which have taxing authority,
Federal agencies, States and State agencies, including political
subdivisions of a State).
Sec. 701.106 Conservation practices.
Conservation practices as specified by the Deputy Administrator are
made available nationally under the ACP and may be included in the
State and county programs. Practices shall not be primarily production-
oriented and shall have primarily conservation, environmental, or
pollution abatement benefits. The practices are designed to be
consistent with the agricultural conservation policy stated in section
7 of the Soil Conservation and Domestic Allotment Act, as amended, and
national program policy, and are developed primarily to meet a definite
need to accomplish one or more of the following:
(a) Establish long-lasting protective cover.
(b) Improve or sustain existing protective cover.
(c) Conserve or safely dispose of water.
(d) Benefit wildlife.
(e) Establish or improve stands of forest trees.
(f) Give protection against soil erosion.
(g) Prevent or abate agricultural-related pollution of water, land,
and air.
(h) Meet special State or county conservation needs.
(i) Encourage energy conservation practices.
(j) Improve water quality.
Sec. 701.107 County programs.
(a) ACP shall be developed in each county by the COC, in
consultation with the CCRG in accordance with the National and State
development guidelines and policies provided. Subject to the
availability of funds, at least one public meeting per year shall be
held for this purpose.
(b) The county ACP shall be effective after approval by the STC.
Sec. 701.108 State programs.
(a) The SCRG shall develop recommendations for the State ACP. The
chairperson of the SCRG may also invite others with conservation or
water quality interests to participate in such deliberations. Subject
to the availability of funds, at least one public meeting per year
shall be held for this purpose.
(b) The State ACP shall consist of the guidelines and practices
authorized by the STC and approved by the Deputy Administrator after
considering the recommendations submitted by COC's.
Sec. 701.109 Selection of practices.
The practices to be included in the State or county ACP shall be
only those practices authorized by Deputy Administrator for which cost-
share assistance is essential to permit accomplishment of the ACP
objective.
Sec. 701.110 Levels and rates of cost-share assistance.
(a) The maximum level of cost-share assistance for each practice
shall be the percentage of the average cost of performing the practice
considered necessary to obtain the needed performance of the practice
and established at a level such that the participant will make a
significant contribution to the cost of performing the practice.
(b) Levels of cost-share assistance under annual agreements for
each practice shall not be in excess of seventy-five (75) percent of
the average cost of performing the practice as determined by the COC.
Where the Deputy Administrator determines a higher level of cost-share
assistance is necessary to provide adequate incentive for a participant
to perform a conservation practice, the Deputy Administrator may
specifically authorize a higher level. See Sec. 701.116 for special
provision for low-income farmers.
(c) Levels of cost-share assistance under long-term agreements
shall not be in excess of seventy-five (75) percent nor less than 50
percent of the average cost for each practice as determined by the COC.
(d) For the purpose of establishing rates of cost-share assistance,
the average cost of performing a practice may be the average cost for
either a county or a part of a county as determined by the COC.
Sec. 701.111 Starting practices.
Costs will not be shared for practices or components of practices
that are started before COC approval.
Sec. 701.112 Method of approval.
(a) The COC shall determine the extent to which Federal funds may
be made available to share the cost of each approved practice, taking
into consideration the county allocation, the conservation and
environmental problems in the county, the land involved, and the
practices for which requested cost-share assistance is considered by
the COC as most needed. The method approved shall provide for the
issuance of notices of approval showing for each approved practice the
number of units of the practice for which the Federal Government will
share in the cost and the amount of the cost-share assistance for the
performance of that number of units of the practice. To the extent
practicable, notices of approved practices shall be issued before
performance of the practice is started. No practice may be approved for
cost-share assistance except as authorized by the county program, or
according to procedures incorporated therein. Available funds for cost-
share assistance shall not be allocated on a proportionate share basis;
however, cost-share funds shall be directed to the accomplishment of
the most enduring benefits attainable.
(b) Cost-share assistance may be approved under annual agreements
or long-term agreements.
(c) Annual agreements may be approved in all counties. Long-term
agreements are limited to farms or ranches which are within Soil
Conservation Districts (or comparable districts) through which the SCS
provides planning and technical services, except:
(1) Farms and ranches located within a county designated for the
Great Plains Conservation Program (GPCP) are only eligible if not
covered by GPCP contract.
(2) Farms and ranches not located within a Soil Conservation
District or comparable district may be eligible for a long-term
agreement provided CPO's are developed by the farmer or rancher in
cooperation with the SCS and approved by an appropriate State official
or, in cases where an appropriate State official is not available,
approved by the SCS.
Sec. 701.113 Long-term agreements.
(a) The period of a long-term agreement shall be for not less than
three (3) program years nor more than ten (10) program years. The COC
and the signors to the long-term agreement in consultation with the SCS
representative shall mutually determine the period of the agreement.
(b) The long-term agreement will be based on a CPO for the farm or
ranch or portion thereof which has been approved by the Soil
Conservation District or comparable district or for farms or ranches
not located in a Soil Conservation District or comparable district, by
an appropriate State Official or the SCS, as applicable.
(c) The long-term agreement will provide that the farmer or rancher
will perform those measures in the CPO's which are determined to be
essential to meeting the basic conservation needs of the farm or ranch,
or portion thereof, regardless of whether cost-share assistance is
approved for such measures.
(d) The owner of the farm or ranch will be required to sign a long-
term agreement regardless of whether that person contributes to the
cost of approved practices thereon except in cases where the long-term
agreement consists wholly of integrated crop management practices.
(e) Any party to a long-term agreement who is not an owner of the
farm or ranch shall provide assurance of control of the land for the
duration of the period of the agreement.
(f) The level of cost-share assistance as provided in Sec. 701.110,
in effect for practices in all years of a long-term agreement shall be
the level in effect at the beginning year of the agreement. The rate of
cost-share assistance for payment purposes for such practice shall be
based on the average cost of performing the practice at the time the
practice is performed.
(g) A long-term agreement may be canceled for failure to fully
comply with the terms of the agreement if, after consulting with the
Soil Conservation District or comparable district board or if none
exists with a representative of the SCS, the State or COC determines
that the seriousness of the irregularities warrant such action. If the
agreement is canceled, the parties to the agreement are jointly and
severally responsible for refunding all cost shares paid and will
forfeit all rights to further payments under the agreement. In such a
case, no other refund or forfeiture provisions of these regulations
apply.
(h) A long-term agreement may be revised according to instructions
issued by the Deputy Administrator by mutual agreement between the
parties to the agreement and the COC based on approved changes in the
CPO's for the farm or ranch.
(i) An otherwise eligible person who acquires control of land under
an approved agreement may elect to become a successor in interest under
such agreement.
(j) An agreement will be terminated with respect to land for which
loss of control has occurred and where the person acquiring control of
such land elects not to become a successor in interest under the
agreement. If the loss of control is for reasons beyond the control of
the parties to the agreement, the COC will determine whether any cost-
share assistance previously paid shall be refunded; however, in no
event shall the refund be greater than would be required in cases where
loss of control is voluntary. If the loss of control is voluntary on
the part of the signatories to the agreement, the signatories will be
jointly and severally responsible for refunding all cost shares paid
and will forfeit all rights to further payments, with respect to the
land for which control is lost. However, a refund will not be required
for cost shares where the COC or the STC determine, after consulting
with a representative of the SCS, that failure to perform the remaining
practices in the agreement will not impair the effectiveness of the
practices which have been performed and that the completed practices
have provided conservation benefits consistent with the cost shares
which have been paid.
(k) An agreement may be terminated by the COC, after considering
the recommendation of the Soil Conservation District or comparable
district board or if none exists with a representative of the SCS if
such action is in the public interest. The COC will determine the
amount of cost shares previously paid that shall be refunded.
(l) An agreement may be terminated by the COC upon the written
request of the participant to a long-term agreement where no cost-share
assistance has been paid for any of the scheduled practices and where
the participant does not intend to perform any of the scheduled
practices.
Sec. 701.114 Replacement, enlargement, or restoration.
The establishment or installation of a practice, for the purposes
of the program shall be deemed to include the replacement, enlargement,
or restoration of a practice for which cost-share assistance has been
allowed if the practice has served its normal lifespan or if all of the
following conditions exist:
(a) Replacement, enlargement, or restoration of the practice is
needed to solve the related conservation or environmental problem.
(b) The failure of the original practice was not due to the lack of
proper maintenance by the current operator.
(c) The COC believes that the replacement, enlargement, or
restoration of the practice merits consideration to an equal extent
with other practices.
(d) The replacement, enlargement, or restoration of the practice is
not being performed because the producer has increased his operation to
where these measures are needed to solve the increased conservation or
environmental problem.
Sec. 701.115 Pooling agreements.
Eligible persons in any local area may agree in writing with the
approval of the COC to perform designated practices which will solve a
mutual conservation, pollution, or other environmental problem on the
land of the participants. For purposes of eligibility for cost-share
assistance, practices carried out under such an approved written
agreement shall be regarded as having been carried out on the land of
the persons who performed the practices.
Sec. 701.116 Special provisions for low-income farmers and ranchers.
(a) Except as otherwise provided in Sec. 701.110(c), the COC may
approve in the case of low-income farmers and ranchers as defined in
this section a level of cost-share assistance of up to eighty (80)
percent of the average cost of performing practices.
(b) A low-income farmer or rancher is one who as determined by the
COC is a small producer whose livelihood is largely dependent on the
farm or ranch and whose prospective income and financial resources for
the current year are such that the low-income farmer or rancher could
not reasonably be expected to perform needed conservation practices at
levels of cost-share assistance applicable to other persons in the
county.
Sec. 701.117 Maximum cost-share assistance limitation.
For each program year, the total amount which may be received by
any person under this subpart for approved practices shall not exceed
$3,500 except that:
(a) The total amount received for approved practices, including
those carried out under pooling agreements, shall not exceed $10,000;
and
(b) The total amount received under an ACP long-term agreement
(LTA) shall not exceed the annual payment limitation ($3,500)
multiplied by the number of years remaining in the LTA. The payment
limitation in effect after the first year of LTA or after an LTA
payment has been made shall be equal to the lessor of the following:
(1) The number of years remaining in the LTA times the annual
payment limitation; or
(2) The difference between the LTA's maximum payment limitation and
the ACP cost-share assistance previously earned during the contract
period.
Sec. 701.118 Completion of practices.
Cost-share assistance for the practices contained in this part is
conditioned upon the performance of the practice according to all
applicable specifications and program provisions.
Sec. 701.119 Time of filing payment application.
Payment of cost-share assistance will be made only upon application
submitted on the prescribed form to the county office by a date
established by the COC. Any application for payment may be denied if
any form or information required of the applicant is not submitted to
the county office within the applicable time limit.
Sec. 701.120 Water Quality Incentive Projects.
(a) The WQIP administered through the ACP provides both financial
and technical assistance to achieve the source reduction of pollutants
in an environmentally and economically sound manner in order to assist
in compliance with State and Federal environmental laws to enhance the
environment.
(b) Other provisions as contained in subpart A and this subpart
apply to WQIP.
(c) Any representative of USDA, or designee thereof, shall have the
right of access to land which is the subject of a WQIP application, or
land which is under a WQIP agreement; and shall have the right to
examine records, with respect to crop management systems, use of
agricultural inputs, recordkeeping, land use decisions, resource
inventory, and impacts on water quality for the purpose of determining
whether there is compliance with the terms and conditions of the WQIP
agreement.
(d) A participant may, in addition to any payment earned under
WQIP, receive other financial assistance, rental payments, or tax
benefits from a State or subdivision of such State for enrolling lands
in WQIP.
(e) Eligible land areas must be:
(1) Wellhead areas included by the Secretary or designee in
consultation with Environmental Protection Agency (EPA) and the State
agency responsible for the State's operations under the Safe Drinking
Water Act (42 U.S.C. 300 h-7);
(2) Critical nonpoint agricultural areas identified in Clean Water
Act 319 plans;
(3) Karst topography areas with sinkholes;
(4) Agricultural nonpoint source areas that may adversely impact
threatened or endangered species habitat;
(5) Areas recommended by State environmental agencies and approved
by the Secretary;
(6) Areas recommended by EPA and DOI in consultation with the
Secretary;
(7) Lands not located within approved or designated areas but that
are in proximity and if allowed to continue to operate under the
existing management practices would defeat the purpose of the program;
and
(8) Areas contributing to identified water quality problems in
Secretarial designated areas.
(f) WQIP agreements shall be administered through long-term
agreements. These agreements shall be a minimum of three (3) years to a
maximum of five (5) years in duration as determined by the Deputy
Administrator.
(g) The applicant, in consultation with the SCS or other designated
technical agency, shall develop a Water Quality Resource Management
Plan which will:
(1) Include an assessment of the resources and management measures
needed to achieve the source reduction of agricultural pollutants;
(2) Cover the entire tract or tracts owned or operated by the
applicant within the WQIP area;
(3) Be reviewed and approved by SCS;
(4) Be reviewed and approved by the local Conservation District;
and
(5) Be consistent with conservation compliance goals.
(h) Technical assistance will be provided by the SCS as the lead
agency with assistance from the Cooperative Extension Service,
Agricultural Research Service, and other Federal agencies and private
consultants as deemed necessary by the Secretary.
Secs. 701.121-701.199 [Reserved]
Subpart C--Emergency Conservation Program
Sec. 701.200 Program objective.
The objective of the ECP is to cost share with eligible persons to
rehabilitate farmlands damaged by wind and water erosion, floods,
hurricanes, or other natural disasters and to provide water
conservation or water enhancement measures during periods of severe
drought.
Sec. 701.201 Program availability.
(a) The COC may implement the program subject to the availability
of funds where new conservation problems have been created on farmland
by a natural disaster or wind erosion which if not treated will:
(1) Impair or endanger the land;
(2) Materially affect the productive capacity of the land;
(3) Represent damage which is unusual in character and except for
wind erosion shall not be the type that would recur frequently in the
same area; and
(4) Be so costly to rehabilitate that Federal assistance is or will
be required to return the land to productive agricultural use.
(b) Subject to the availability of funds, the COC with the
concurrence of the STC and approval of the Deputy Administrator may
implement the program to carry out emergency water conservation and
water enhancement measures during periods of severe drought.
(c) Land normally used for farming or ranching which is protected
by levees or dikes is eligible for enrollment in the ECP, except as
follows:
(1) Land adjacent to water impoundment reservoirs subject to
inundation when the reservoir is filled to capacity;
(2) Land that is subject to frequent damage which is any of the
following:
(i) Land has been severely damaged 3 or more times in the last 25
years, including the current disaster. Also land protected by levees or
dikes that have physically failed and severely damaged adjoining land 3
or more times in the last 25 years, including the current disaster.
(ii) Land that is susceptible to severe damage because of its
location, regardless of whether it has been severely damaged in the
last 25 years.
(iii) Flowage or flood easements acquired by the U.S. Army Corps of
Engineers or other authorities that are subject to inundation when
water is released under the course of normal operations.
(3) Land located in old or new channels of a stream, creek, river,
or other similar body of water or on any of the inside banks unless
approved by DASCO. Facilities in irrigation canals or on their inside
banks may be approved if the canal is not a channel subject to
flooding;
(4) Land in greenhouses or other confined areas; and (5) Land on
which poor farming practices, such as failure to farm on the contour,
have materially contributed to damaging the land.
Sec. 701.202 Eligibility of person and land.
Person and land eligibility requirements are the same as for the
ACP as provided in Secs. 701.104 and 701.105 except in cases of severe
drought conditions then cost-share assistance is limited to supplying:
(a) Emergency livestock water, including measures to assist
confined livestock operations, and
(b) Water for existing irrigation systems serving orchards and
vineyards.
Sec. 701.203 Emergency Conservation Program practices.
(a) Except for severe drought and wind erosion, cost-share
assistance may be offered for emergency conservation practices only to
replace or restore farmland to a condition similar to that existing
before the natural disaster. Cost-share assistance may not be offered
for the solution of conservation problems existing before the disaster.
(b) ECP practices for which cost-share assistance may be authorized
are:
(1) Removing debris from farmland.
(2) Grading, shaping, releveling, or similar measures.
(3) Restoring permanent fences.
(4) Restoring structures and other installations.
(5) Emergency wind control measures.
(6) Drought emergency measures.
(7) Other emergency conservation measures.
Sec. 701.204 Practice approval.
Practices listed in Sec. 701.203 (b)(1) through (b)(5) may be
approved by COC's. Authorization to offer practices at Sec. 701.203
(b)(6) and (b)(7) shall be approved by the Deputy Administrator.
Sec. 701.205 Extent of cost-share assistance.
(a) The maximum payment under this subpart per person, per
disaster, is limited to $200,000 including the amount of any payment
received by such person as the result of the disaster under a pooling
agreement.
(b) The cost-share payments which may be made by ASCS for a
practice under the program shall, subject to the maximum payment amount
specified in paragraph (a) of this section and any other limitation as
may apply, be further limited to the level of cost-share assistance
established by the COC not to exceed:
(1) Sixty four (64) percent of the first $62,500 of the eligible
cost of restoring the loss;
(2) Forty (40) percent of the second $62,500 of the eligible cost
of restoring the loss; and
(3) Twenty (20) percent of the eligible cost above $125,000 to
restore the loss.
Sec. 701.206 Eligible costs.
Upon determination that a person is eligible for ECP assistance,
cost-share assistance may be authorized for all reasonable costs
incurred in the completion of the practice. Such costs may include
personal labor, equipment, and other such costs which are determined by
the COC to be related to the costs of performing the practice. COC's
shall limit costs for the use of personal equipment to an amount that
reflects out-of-pocket expenses. Expenses for personal labor and
personal equipment shall be less than rates charged by contractors who
expect to make a profit for their efforts.
Sec. 701.207 Filing requests.
(a) The COC shall establish an enrollment period for filing cost-
sharing requests immediately after the COC's authorization or the
Deputy Administrator's authorization in cases of drought to implement
the ECP in the county. Such periods shall be at least 30 days in
length. Late-filed requests may be accepted by the COC in justifiable
cases.
(b) Costs will not be shared for practices or components of
practices that are started before a request is filed with the county
office.
Sec. 701.208 Approving requests.
COC's shall issue practice approvals only when:
(a) Funds are available;
(b) The requested practice has been determined eligible for cost-
share assistance; and
(c) The eligible person has indicated a readiness to start the
practice.
Sec. 701.209 Pooling agreements.
Pooling agreements may be used on the same basis as provided for at
Sec. 701.115.
Sec. 701.210 Payment approval.
The COC is authorized to approve payments not to exceed $10,000 per
person per disaster. The STC is authorized to approve payments not to
exceed $20,000 per person per disaster. Cost-share assistance in excess
of $20,000 must be approved by the Deputy Administrator.
Secs. 701.211-701.299 [Reserved]
Subpart D--Forestry Incentives Program
Sec. 701.300 Program objective.
The objective of the FIP is to help ensure a future supply of
timber will be accomplished by encouraging landowners to apply forestry
practices for:
(a) Production of softwood and hardwood timber and other associated
forest resources to increase afforestation of suitable open lands.
(b) Reforestation of cutover and understocked forest lands.
(c) Timber stand improvement.
(d) Intensive multipurpose management.
(e) Protection of forest resources.
Sec. 701.301 Designated counties.
The STC in consultation with the State Forester will designate the
counties or parts of counties in which FIP will be operated. The
following will be considered in making the designations:
(a) The total acreage in the county devoted to desirable types of
softwood and hardwood timber.
(b) The estimated area in the county that is under eligible
ownership.
(c) The estimated acreage suitable for the production of forest
products.
(d) The availability of funds.
(e) The enhancement of other forest resources.
Sec. 701.302 Eligible person, land, and ownerships.
(a) An eligible person is a private individual, group, Native
American Tribe or other native group, association, corporation
excluding corporations whose stocks are publicly traded, or other legal
entity which owns eligible land. Firms principally engaged in the
manufacture of wood products are not eligible. However, forest
landowners who manufacture forest products on a part-time or irregular
basis are eligible.
(b) Eligible land is nonindustrial private forest land capable of
producing at least fifty (50) cubic feet of wood per acre per year.
(c) Eligible farms are those not exceeding a total of 1,000 acres
of eligible private nonindustrial forest land in the United States or
any commonwealth, territory, or possession of the United States. The
STC with the concurrence of the State Forester may approve cost-share
assistance with landowners owning more than 1,000 acres but not more
than 5,000 acres of eligible forest land where it is deemed to be to
the public's significant benefit.
(d) Significant public benefits are primarily those resulting from
cost-effective timber production with related benefits to aesthetics,
recreation, wildlife habitat, watershed protection, erosion reduction,
and other resource values.
Sec. 701.303 Program funds.
(a) Each designated State and county will receive a share of the
funds provided for the program. Funds will be distributed on the basis
of the forest production opportunities in each State, considering the
acreage of private nonindustrial forest lands, the number of eligible
owners, the potential productivity of such lands and the need for
reforestation, timber stand improvement, other forestry management
needs, and the enhancement of other forest resources. The Deputy
Administrator will allocate funds after consultation with
representatives of the FS and a committee of not less than five State
foresters or equivalent State officials selected by a majority of the
State foresters or equivalent State officials. The STC will consult
with the State forester when determining the allocation of such funds
to the designated counties.
(b) A limitation on the amount of funds which may be obligated
under long-term agreements shall be established by the STC according to
guidelines provided by the Deputy Administrator.
Sec. 701.304 Eligible practices and cost-share assistance
requirements.
(a)(1) Cost-share assistance may be available for the following
National practices and authority:
(i) Planting Trees.
(ii) Improving a Stand of Forest Trees.
(iii) Special Forestry Practices.
(2) The Deputy Administrator after consultation with the FS, may
approve special forestry practices needed to solve a significant and
unique local condition for which the National practices are not
adequate. Such practices may be approved for inclusion in a county
program after consultation with the program development group and the
recommendation of the COC, the service forester, the STC, and the State
forester.
(b) A forest management plan is required as a condition for cost-
share assistance. The Forest Management plan will be developed in
consultation with the landowner, approved by the service forester, and
will contain information for accurate evaluation of practice
effectiveness. The participant will be required to perform those
measures in the Forest Management plan which are essential to the
effectiveness of the practice for which costs are shared. In the
development of the Forest Management plan, consideration will be given
to wildlife, watershed protection, recreation, erosion control,
aesthetics, and other associated forest resources values as well as
cost-effective timber production.
Sec. 701.305 The National FIP.
The National FIP is jointly developed by ASCS, the FS and the
committee of State foresters provided for in Sec. 701.303.
Sec. 701.306 Development of State FIP.
(a) A State FIP shall be developed in each applicable State or
territory according to the provisions contained in this part and in the
National FIP. The State FIP shall be developed by the State forestry
committee as provided in Sec. 701.303.
(b) The State FIP shall be:
(1) Recommended by the STC and State forester; and
(2) Approved by the Deputy Administrator after consulting with the
FS.
Sec. 701.307 Development of county FIP.
(a) A county FIP shall be developed in each designated county
according to the provisions of the State FIP. The county FIP shall be
developed by the CCRG. The CCRG, working with the governing body of the
conservation district, the State forestry agency representatives, the
county supervisor of the Farmers Home Administration, and others with
conservation and environmental interest shall develop recommendations
for the county program.
(b) The county FIP shall be recommended by the COC and service
forester and approved by the STC and State forester.
Sec. 701.308 Adaptation of practices.
(a) The practices included in the State FIP shall satisfy the
conditions and requirements of the National FIP. The STC and State
Forester may modify or delete National FIP provisions to make practices
more restrictive where such changes satisfy the objectives of the
program.
(b) The practices included in the county FIP must meet the
conditions and requirements of the State FIP. The COC in consultation
with State Forestry representative or Service Forester may modify or
delete State FIP provisions to make practices more restrictive where
such changes satisfy the objectives of the program.
Sec. 701.309 Levels and rates of cost-share assistance.
(a) The maximum cost-share assistance for each practice shall be
the percentage of the actual cost of performing the practice considered
necessary by ASCS to ensure completion of the practice by the
participants.
(b) Levels of cost-share assistance shall be approved by the STC
and shall not be in excess of sixty-five (65) percent of actual costs
incurred by the landowners.
(c) For the purpose of establishing rates of cost-share assistance,
the average cost of performing a practice may be the average cost for a
State, a county or a part of a county, as determined by the STC.
(d) The rates of cost-share assistance for practices included in
the county FIP may be lower than the rates approved for general use in
the State, as determined by the COC.
Sec. 701.310 Prior approval for cost-share assistance.
Costs will be shared only for those practices, or components of
practices, for which cost-share assistance is requested and approval
issued before performance is started.
Sec. 701.311 Methods of approval.
The COC shall determine the extent to which Federal funds may be
made available to share the cost of each approved practice. Approvals
shall be made based on consideration of the county allocation, cost-
effective opportunities for increasing timber production, potential for
enhancing other forest resources, the forestry needs in the county, and
the practices for which requested cost-share assistance is considered
by the COC as most needed. The method approved shall provide for the
issuance of notices of approval showing for each approved practice the
number of units of the practice for which the Federal Government will
share in the cost and the amount of the cost share for the performance
of that number of units of the practice. Notices of approved requests
shall be issued before the practice may be started. No practice may be
approved for cost-share assistance except as authorized by the county
FIP. Available funds for cost-share assistance shall not be allocated
on a pro-rata basis, but shall be directed to the accomplishment of the
most production attainable.
(a) Cost-share assistance may be approved under annual agreements
or long-term agreements.
(b) Land covered by a GPCP contract is not excluded from an annual
or long-term agreement if the land is otherwise eligible.
(c) The same practices, cost-share levels, and general program
provisions apply to both annual agreements and long-term agreements.
Sec. 701.312 Long-term agreements.
(a) The period of a long-term agreement shall be for not less than
three (3) years nor more than ten (10) years. The COC and the parties
to the agreement in consultation with the State forestry representative
will mutually determine the scheduling of essential practices and
practice cost-sharing over the period of the agreement.
(b) The long-term agreement shall be based on a forest management
plan for the land which shall be developed by the service forester.
(c) The long-term agreement shall provide that the owner shall
perform those measures in the forest management plan which are
determined to be essential regardless of whether cost-share assistance
is approved for such measures.
(d) The level of cost-share assistance in effect for practices in
all years of a long-term agreement shall be the level in effect for the
beginning year of the agreement. The rate of cost-sharing for payment
purposes for such practices will be based on the average cost of
performing the practice at the time the practice is performed.
(e) A long-term agreement may be canceled for failure to fully
comply with the terms of the agreement if, after consulting with the
service forester, the STC or COC determines that the seriousness of the
irregularities warrant such action. If the agreement is canceled, the
signors to the agreement are jointly and severally responsible for
refunding all cost shares paid and will forfeit all rights to further
payments under the agreement. In such a case, no other refund or
forfeiture provisions of these regulations apply.
(f) A long-term agreement may be revised in accordance with
instructions issued by the Deputy Administrator where there is a change
in status of the participants or the land under agreement.
(g) An eligible person who acquires control of land under an
approved agreement may elect to become a successor in interest under
such agreement.
(h) An agreement will be terminated with respect to land for which
loss of control has occurred and where the person acquiring control of
such land elects not to become a successor in interest under the
agreement. If the loss of control is for reasons beyond the control of
the signatories to the agreement, the COC will determine whether or not
any cost-share assistance previously paid shall be refunded; however,
in no event shall the refund be greater than would be required in cases
where loss of control is voluntary. If the loss of control is voluntary
on the part of the signatories, they will be jointly and severally
responsible for refunding all cost shares paid and will forfeit all
rights to further payments, with respect to the land for which control
is lost. A refund will not be required for cost-share assistance where
the COC or the STC determines, after consulting with the service
forester, that failure to perform the remaining practices in the
agreement will not impair the effectiveness of the practices which have
been performed and that the completed practices will provide forestry
benefits consistent with the cost-share assistance which have been
paid.
(i) An agreement may be terminated if, after considering the
recommendation of the service forester, the STC or COC recommends that
such action is in the public interest.
Sec. 701.313 Restoration of practices.
(a) Cost-share assistance may be authorized under FIP for the
establishment or installation of the practices contained in this part.
Cost-share assistance may not be authorized for repeating any of the
practices in this part with the same owner on the same acreage, except
as provided in paragraph (b) or (c) of this section.
(b) Cost-share assistance may be authorized for the replacement,
enlargement, or restoration of practices for which such assistance has
been allowed under the program only if all of the following conditions
exist:
(1) Replacement or restoration of the practice is needed to solve a
conservation or environmental problem.
(2) The failure of the original practice was not due to the lack of
proper maintenance by the current operator.
(3) The COC believes that the replacement or restoration of the
practice merits consideration under the program to an equal extent with
other practices cost-shared.
(c) Cost-share assistance may be authorized for timber stand
improvement measures carried out in repetitive steps where the stand
treatment warrants such silvicultural practice in the judgment of the
service forester.
Sec. 701.314 FIP maximum cost-share assistance limitations.
For each program year, the total amount which may be received by
any person under this subpart shall not exceed $10,000 with respect to
eligible owners (Sec. 701.302) in the United States or any
commonwealth, territory, or possessions of the United States for
approved practices performed under annual or long-term agreements.
Sec. 701.315 Completion of practice.
Cost-share assistance for the practices contained in this subpart
is conditioned upon the performance of the practices according to all
applicable specifications and program provisions.
Sec. 701.316 Time of filing payment application.
Cost-share assistance will be made only upon an application
submitted to the county office by the prescribed time limit or any
authorized extension. Any application for payment may be rejected if
any information required of the applicant is not submitted to the
county office within the applicable time limit.
Secs. 701.317-701.399 [Reserved]
Signed at Washington, DC, on December 30, 1993.
Bruce R. Weber,
Acting Administrator, Agricultural Stabilization and Conservation
Service.
[FR Doc. 94-415 Filed 1-7-94; 8:45 am]
BILLING CODE 3410-05-P
