[Federal Register Volume 59, Number 68 (Friday, April 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8467]


[[Page Unknown]]

[Federal Register: April 8, 1994]


                                                    VOL. 59, NO. 68

                                              Friday, April 8, 1994

DEPARTMENT OF AGRICULTURE

Agricultural Stabilization and Conservation Service

7 CFR Part 704

Commodity Credit Corporation

7 CFR Part 1410

RIN 0560-AD54

 

Non-Emergency Haying and Grazing on Conservation Reserve Program 
Grasslands

AGENCY: Agricultural Stabilization and Conservation Service, and 
Commodity Credit Corporation, USDA.

ACTION: Advance notice of proposed rulemaking; notice of withdrawal.

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SUMMARY: The Commodity Credit Corporation (CCC) gives notice that it is 
withdrawing the Advance Notice of Proposed Rulemaking considering the 
revision of Conservation Reserve Program (CRP) regulations to allow 
limited and periodic non-emergency haying and grazing of CRP grasslands 
under specified conditions.
    Because of the divergence of strongly held opinions expressed by 
respondents on the issue, CCC believes that the deliberations on the 
1995 farm bill will provide the appropriate forum for considering 
appropriate uses to be made of CRP acres both when under contract and 
after contract expiration; therefore, the Advance Notice of Proposed 
Rulemaking published on December 20, 1993 (58 FR 66308) is hereby 
withdrawn. In the meantime, USDA plans to develop an information and 
education program to encourage greater utilization of currently 
authorized management practices on CRP acreage that would be beneficial 
to both the environment and the contract holder.

FOR FURTHER INFORMATION CONTACT: Thomas L. Browning, Director, Natural 
Resources Analysis Division, Agricultural Stabilization and 
Conservation Service (ASCS), P.O. Box 2415, Washington, DC 20013-2415; 
Telephone 202-720-9685.

SUPPLEMENTARY INFORMATION:

I. Background

    The CRP is provided for in Subtitle D of Title XII of the Food 
Security Act of 1985, as amended (the Act). The CRP is administered on 
behalf of CCC by ASCS. In the CRP, CCC makes annual rental payments to 
persons who convert cropland to a conservation cover for a 10- or 15-
year period. Generally, sections 1232(a)(3) and 1232(a)(7) of the Act 
require that no commercial use may be made of the CRP ground and that, 
in particular, no haying or grazing will be permitted except as allowed 
by the Secretary in response to a drought or similar emergency or in 
other specialized cases identified in section 1232(a)(7). However, 
section 1235(c)(1) allows contract modifications that serve the overall 
goals of the program.
    An Advance Notice of Proposed Rulemaking was published in the 
Federal Register on December 20, 1993 (58 FR 66308), stating that CCC 
was considering issuing a proposed rule that would allow approved 
participants, under strict conditions, to hay or graze in non-emergency 
situations in order to provide for better maintenance of the cover crop 
and to allow for better conditions for wildlife. The purpose of the 
Advance Notice of Proposed Rulemaking was to solicit public comments on 
the acceptability of a non-emergency haying and grazing program and on 
issues to be addressed if such a program were implemented.

II. Public Comments

    Fifty-seven written responses were received from a variety of 
sources, including producer groups, environmental and wildlife groups, 
State wildlife and natural resource agencies, and other organizations 
and individuals. Thirty-four respondents indicated support for 
restricted non-emergency haying and grazing on CRP grasslands. However, 
even among these respondents there was a wide divergency in views 
relative to the type of restriction that would be considered 
appropriate, e.g., frequency of harvesting and compensation offsets for 
haying and grazing privileges. Sixteen respondents opposed any such 
activity on the CRP. The position of seven respondents was not 
apparent.

III. Decision

    Upon consideration of the public comments received on the Advance 
Notice of Proposed Rulemaking, CCC has decided to terminate the 
rulemaking process regarding limited and restricted non-emergency 
haying and grazing of CRP grasslands. The comments indicated a clear 
and strong lack of consensus among the respondents concerning whether 
such a program should be implemented. In addition, the numerous 
substantive comments by the respondents indicated a significant lack of 
agreement on the specific issues related to program implementation even 
among those supporting some type of non-emergency haying and grazing.
    In view of the divergence of opinions expressed by respondents on 
the issue, CCC believes that the deliberations on the 1995 farm bill 
will provide the appropriate forum for considering appropriate uses to 
be made of CRP acres both when under contract and after contract 
expiration. In the meantime, CCC plans to develop an information and 
education program to encourage greater utilization of currently 
authorized management practices on CRP acreage that would be beneficial 
to both the environment and the contract holder.

    Signed at Washington, DC, on April 4, 1994.
Bruce R. Weber,
Acting Administrator, Agricultural Stabilization and Conservation 
Service, and Executive Vice President, Commodity Credit Corporation.
[FR Doc. 94-8467 Filed 4-7-94; 8:45 am]
BILLING CODE 3410-05-P