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Conservation Reserve Program--Cropland Eligibility and Private Sector Technical Assistance
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: December 6, 2001 (Volume 66, Number 235)]
[Proposed Rules]
[Page 63339-63341]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06de01-15]
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Proposed Rules
Federal Register
________________________________________________________________________
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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[[Page 63339]]
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DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Part 1410
RIN 0560-AF77
Conservation Reserve Program--Cropland Eligibility and Private
Sector Technical Assistance
AGENCY: Commodity Credit Corporation, USDA.
ACTION: Proposed rule.
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SUMMARY: The Commodity Credit Corporation (CCC) proposes a series of
amendments to the Conservation Reserve Program (CRP) regulations. These
proposed amendments would make certain orchard lands, vineyards, berry
lands, and hay lands eligible for enrollment, provide for acquisition
of private sector technical assistance, and make minor technical and
clerical adjustments to the regulations. This action would allow
producers greater flexibility in enrolling in the CRP, thereby allowing
CCC greater flexibility in conducting the CRP, and provide enhanced
environmental benefits under the CRP.
DATES: Comments must be submitted on or before February 4, 2002.
ADDRESSES: All comments concerning these proposed regulations should be
either addressed to Robert Stephenson, Director, Conservation and
Environmental Programs Division, USDA/FSA/CEPD/STOP 0513, 1400
Independence Avenue, SW., Washington, DC 20250-0513 or sent
electronically to: crprule@wdc.usda.gov.
FOR FURTHER INFORMATION CONTACT: Robert Stephenson, (202) 720-6221.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This proposed rule is issued in conformance with Executive Order
12866 and has been determined to be significant has been reviewed by
the Office of Management and Budget (OMB).
Regulatory Flexibility Act
It has been determined that the Regulatory Flexibility Act is not
applicable to this rule since the Commodity Credit Corporation (CCC) 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. Therefore, neither an environmental impact assessment nor
an Environmental Impact Statement is needed.
Executive Order 12988
This proposed rule has been reviewed in accordance with Executive
Order 12988. This proposed rule, if adopted, would not be retroactive
and would not pre-empt State laws. Before any judicial action may be
taken with respect to the provisions of the proposed rule, if adopted,
administrative remedies at 7 CFR parts 11 and 780 would have to be
exhausted.
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). Unfunded Mandates
Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), Pub. L.
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under Section 202 of the UMRA,
agencies generally must prepare a written statement, including a cost-
benefit assessment, for proposed and final rules with ``Federal
mandates'' that may result in expenditures to State, local, or tribal
governments, in the aggregate, or the private sector, of $100 million
or more in any 1 year. When such a statement is needed for a rule,
section 205 of the UMRA generally requires agencies to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, more cost-effective or least burdensome alternative that
achieves the objectives of the rule. This rule contains no Federal
mandates (under the regulatory provisions of Title II of the UMRA) for
State, local, and tribal governments or the private sector. Therefore,
this rule is not subject to the requirements of Sections 202 and 205 of
the UMRA.
Federal Domestic Assistance Program
The title and number of the Federal Domestic Assistance Program, as
found in the Catalog of Federal Domestic Assistance, to which this rule
applies, is the Conservation Reserve Program--10.069.
Paperwork Reduction Act
The Office of Management and Budget has approved the information
collection requirements contained in the current regulations at 7 CFR
part 1410 under provisions of 44 U.S.C. Chapter 33 and OMB Control
Number 0560-0125, effective through October 31, 2002.
Background
The purpose of the Conservation Reserve Program (CRP) is to cost-
effectively assist owners and operators in conserving and improving
soil, water, and wildlife resources by converting highly erodible and
other environmentally sensitive acreage normally devoted to the
production of agricultural commodities to a long-term vegetative cover.
CRP participants enter into contracts for 10 to 15 years in exchange
for annual rental payments and cost-share assistance for installing
certain conservation practices. In determining the amount of annual
rental payments to be paid, CCC considers, among other things, the
amount necessary to encourage owners or operators of eligible cropland
to participate in the CRP. Applicants submit offers in such a manner as
the Secretary prescribes. The maximum rental payments CCC will pay
reflect site-based soil productivity, prevailing local cash equivalent
rental rates, maintenance costs, and other factors. Offers by producers
who request rental payments greater than the amount CCC is willing to
pay for their soil type are automatically rejected by CCC. Except for
the continuous signup process, remaining offers are evaluated for
possible acceptance based on a comparison of environmental benefits
indicators with the rental payment cost.
[[Page 63340]]
The continuous signup process does not include an evaluation based on
environmental benefits indicators because only those practices designed
to obtain high environmental benefits are eligible to be offered during
the continuous signup. Acreage determined eligible and suitable to be
devoted to continuous signup practices by the Secretary is
automatically accepted in the CRP provided all other eligibility
requirements are met.
Program Changes
Proposed changes fall into three general categories: (1) Changes to
Sec. 1410.6, Eligible Land; (2) permitting CCC to acquire private
sector technical assistance; and (3) minor editorial, technical, and
conforming amendments.
Section 1410.6 Eligible Land
Generally, by statute, CRP land enrolled in the program must be
cropland, but the rules for the program provide that the crop history
must generally be a history of production of tillable crops. That
limitation provides for focusing the CRP on the conversion of land with
the most intensive uses to a cover crop. Also, this focus emphasizes
the ``reserve'' nature of the program and can provide a greater amount
of public benefit by producing savings in other programs as recompense
for the monies spent on this program. This rule, however, proposes that
for the continuous sign-ups held for the CRP and for enrollments in the
Conservation Reserve Enhancement Program (CREP), certain orchard lands,
vineyards, berry fields, and hay land be permitted to be enrolled.
These lands can provide significant benefits in those special sign-ups
which involve special, often narrow (geographically) practices such as
conservation measures along stream banks where these enrollments may
even be more beneficial than the enrollment of normal cropland. Such an
expansion of the eligibility criteria for the program had been
requested by a number of State governments involved in CREP agreements.
Private Sector Technical Assistance
Currently, technical assistance for running the CRP is generally
conducted through the auspices of the Natural Resources Conservation
Service (NRCS) and a number of decisions which may be needed for the
CRP are by regulation committed to the NRCS. However, because of
funding and other considerations it may be necessary for some
determinations, from time to time, to be made using private contractors
or other agencies. Accordingly, this rule proposes that some references
to the NRCS in the regulations be replaced or amended. This change will
allow greater flexibility in running the program even though no
fundamental change in program operations is contemplated at this time.
No changes for the participant are anticipated regarding eligibility or
paperwork. These adjustments to the regulations are found at 7 CFR
1410.1(f), 1410.2, 1410.3(b), 1410.6(b)(2)(i), 1410.6(b)(2)(iv), and
1410.22.
Minor Editorial, Technical, and Conforming Amendments
CCC further proposes a number of minor amendments for clarity at
Secs. 1410.4, 1410.20, and 1410.62(f) and to more closely track the CRP
legislation. These modifications involve: (1) Adding a specific
reference to the statutory requirement that allowing greater than a
certain maximum level of CRP participation in a county requires a
finding that producers are having trouble complying with conservation
plans; (2) changing the limit on how much land one farm can have in
both the CRP and in the Production Flexibility Program to that based on
the amount of the farm's ``agricultural use'' land rather than the
farm's ``cropland''; and (3) specifying that only that land which was
``cropland'' at the start of the contract will be treated as
``cropland'' during the duration of the contract. Also, Sec. 1410.1(g),
which currently provides for the development by State FSA committees of
State-specific evaluation processes to rank acreage, is removed because
no State FSA committee has developed a State-specific evaluation
process for bid acceptance for over 2 years.
List of Subjects in 7 CFR Part 1410
Administrative practices and procedures, Agriculture, Conservation
plan, Natural resources, Technical assistance.
For reasons set out in the preamble, 7 CFR part 1410 is proposed to
be amended as follows:
PART 1410--CONSERVATION RESERVE PROGRAM
1. The authority citation for 7 CFR part 1410 continues to reads as
follows:
Authority: 15 U.S.C. 714b and 714c; 16 U.S.C. 3801-3847.
2. In Sec. 1410.1:
a. Paragraphs (a) and (f) are revised;
b. Paragraph (g) is removed; and
c. Paragraphs (h) through (k) are redesignated as paragraphs (g)
through (j).
The revisions read as follows:
Sec. 1410.1 Administration.
(a) The regulations in this part will be administered under the
general supervision and direction of the Executive Vice President,
Commodity Credit Corporation (CCC), through the Deputy Administrator
for Farm Programs (Deputy Administrator) of the Farm Service Agency
(FSA). In the field, the regulations in this part will be administered
by the State and county FSA committees (``State committees'' and
``county committees'', respectively). Further, CCC may enter into
agreements to perform technical assistance with the private sector;
however, national level concurrence between FSA and the Natural
Resource Conservation Service (NRCS) or Forest Service (FS), as
appropriate, is required for CCC to acquire private sector technical
assistance, except when NRCS or FS cannot provide technical assistance
due to funding or other restrictions. Further, private sector costs
should be comparable when practicable, to the cost of technical
assistance provided by NRCS and FS.
* * * * *
(f) Notwithstanding other provisions of the preceding paragraphs of
this section, the Erosion Index (EI), suitability of land for permanent
vegetative or water cover, factors for determining the likelihood of
improved water quality, and adequacy of the planned practice to achieve
desired objectives shall be determined by the Natural Resource
Conservation Service (NRCS), or any other technical authority approved
by CCC. Any CCC-approved technical authority shall utilize the NRCS
Field Office Technical Guide (FOTG), or other CRP guidelines
established by CCC.
* * * * *
3. In Sec. 1410.2, the definition of technical assistance is
revised to read as follows:
Sec. 1410.2 Definitions.
* * * * *
Technical assistance means the assistance provided in connection
with the CRP to owners or operators by NRCS, FS, or another source as
approved by CCC in developing conservation plans, determining the
eligibility of land and practices, and implementing and certifying
conservation practices, and forestry issues.
* * * * *
4. Section 1410.3 paragraph (b) is revised to read as follows:
Sec. 1410.3 General description.
* * * * *
[[Page 63341]]
(b) A participant must obtain a conservation plan prepared in
accordance with NRCS planning policy for eligible acreage, available in
the National Conservation Planning Handbook and the General Manual at
the Natural Resource Conservation Service State offices and field
offices.
* * * * *
5. Section 1410.4 is revised to read as follows:
Sec. 1410.4 Maximum county acreage.
(a) Except as provided in paragraph (b) of this section, the
maximum acreage which may be placed in the CRP and the WRP may not
exceed 25 percent of the total cropland in the county; further, no more
than 10 percent of the cropland in the county may be subject, in the
aggregate, to a CRP or WRP easement;
(b) The restrictions in paragraph (a) of this section may be waived
if CCC determines that such action would not adversely affect the local
economy of the county, and also that operators in the county are having
difficulties complying with conservation plans directed under part 12
of this title;
(c) These restrictions on participation shall be in addition to any
other restriction imposed by law.
6. In Sec. 1410.6, revise paragraphs (a)(2)(ii), (b)(2)(i)
introductory text, (b)(2)(iv), (b)(4), (b)(8) and (b)(9) and add a new
paragraph (b)(12) to read as follows:
Sec. 1410.6 Eligible land.
(a) * * *
(2) * * *
(ii) As determined by CCC, is or will be planted to trees, and such
other woody and non-woody vegetation as appropriate, for water quality
purposes in or near riparian areas or in other areas where, as
determined by CCC in accordance with the FOTG, the same or similar
water quality enhancement benefits will be obtained; or
* * * * *
(b) * * *
(2)(i) Be a field which has evidence of scour erosion caused by
out-of-bank flows of water, as determined by CCC in accordance with the
FOTG. In addition such land must:
* * * * *
(iv) Be planted to an appropriate tree species, unless tree
planting is determined by CCC to be inappropriate under provisions of
the FOTG, in which case the eligible cropland shall be devoted to
another acceptable permanent vegetative cover identified as appropriate
in the FOTG; or
* * * * *
(4) Be devoted to certain covers, which are established and
maintained in accordance with the FOTG and other guidelines approved by
CCC provided such acreage is not required to be maintained as such
under any life span obligations; or
* * * * *
(8) Be within a public wellhead protection area or in an approved
Hydrologic Unit Area as determined by the NRCS or other delegatee as
determined by NRCS;
(9) Be within a designated conservation priority area as determined
by CCC; or
* * * * *
(12) is cropland devoted to orchard lands, vineyards, berry land,
or hay lands, as determined by CCC, but will only be eligible for
continuous signup practices authorized by Sec. 1410.30 or practices
authorized by Sec. 1410.50(b).
* * * * *
7. Section 1410.20, paragraph (a)(4)(ii), is revised to read as
follows:
Sec. 1410.20 Obligations of participant.
(a) * * *
(4) * * *
(ii) Reduce production flexibility contract acres enrolled under
part 1412 of this chapter or CRP acres enrolled under this part so that
the total of such acres does not exceed the total agricultural use land
on the farm;
* * * * *
8. Section 1410.22 paragraphs (a) and (e) are revised to read as
follows:
Sec. 1410.22 Conservation plan.
(a) The applicant shall obtain a conservation plan which is
developed in accordance with NRCS conservation planning policy and is
approved by the conservation district for the land to be entered in the
CRP. If the conservation district declines to review the conservation
plan, such approval may be waived by CCC.
* * * * *
(e) All conservation plans and revisions of such plans shall be
made in accordance with the NRCS conservation planning policy and be
subject to the approval of CCC.
9. Section 1410.62, paragraph (f), is revised to read as follows:
Sec. 1410.62 Miscellaneous.
* * * * *
(f) Cropland enrolled in CRP shall be classified as cropland for
the time period enrolled in CRP and, after the time period of
enrollment, may be removed from such classification upon a
determination by the county committee that such land no longer meets
the conditions identified in part 718 of this title.
* * * * *
Signed at Washington, D.C., on November 29, 2001.
James R. Little,
Executive Vice President, Commodity Credit Corporation.
[FR Doc. 01-30213 Filed 12-5-01; 8:45 am]
BILLING CODE 3410-05-P