[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Rules and Regulations]
[Pages 10671-10672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6116]



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 Rules and Regulations
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  Federal Register / Vol. 61, No. 52 /  Friday, March 15, 1996 / Rules 
and Regulations  

[[Page 10671]]


DEPARTMENT OF AGRICULTURE

Farm Service Agency

7 CFR Part 704

RIN 0560-AE56


1986-1990 Conservation Reserve Program

AGENCY: Farm Service Agency, USDA.

ACTION: Interim rule with request for comments.

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SUMMARY: This interim rule amends the program regulations to allow 
holders of certain Conservation Reserve Program (CRP) contracts that 
expire September 30, 1996, the opportunity to request and receive early 
release from contracts or to reduce the amount of acreage subject to 
the contracts. The purpose of this action is to enhance the commodity 
supply situation for the 1996/97 marketing year. Domestic stocks 
relative to use of wheat, feed grains, and oil seeds are expected to be 
at extremely low levels for the 1995/96 crop year. For corn, the 
expected stocks to use ratio in the 1995/96 crop year is approximately 
6 percent while the average stocks to use ratio from 1980 through 1994 
was 30 percent. For wheat, the expected stocks to use ratio in the 
1995/96 crop year is approximately 16 percent, while the average stocks 
to use ratio from 1980 through 1994 was 43 percent. However, the 
domestic and export demand for these commodities are expected to remain 
strong during the 1996/97 crop year. The action is implemented to allow 
acreage that can be brought back into production without adversely 
impacting the environment to be released for crop production in 1996.

DATES: Effective Date: Interim rule effective March 15, 1996.
    Comments: Comments on all items, except the information collection 
requirements, must be received on or before April 15, 1996 in order to 
be assured of consideration. Comments on the information collection 
requirements must be received on or before May 14, 1996.

ADDRESSES: Comments should be mailed to Cheryl Zavodny, Farm Service 
Agency, P.O. Box 2415, Ag Box Code 05l3, Washington, DC 20013-2415; 
telephone 202-720-6304. Comments received may be inspected between 9 
a.m. and 4 p.m., Monday through Friday, except holidays, in room 4768, 
South Agriculture Building, United States Department of Agriculture, 
14th Street and Independence Avenue, SW., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Cheryl Zavodny, Conservation and 
Environmental Protection Division, FSA, P.O. Box 2415, Room 4768-S, 
Washington, DC 20013-2415.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This interim rule has been determined to be significant and was 
reviewed by OMB under Executive Order 12866.

Regulatory Flexibility Act

    It has been determined that the Regulatory Flexibility Act is not 
applicable to this interim rule because neither FSA nor the Commodity 
Credit Corporation (CCC) is 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 not adversely affect the environmental, historical, social, 
or economic resources of the Nation. Therefore, it has been determined 
that these actions will not require an Environmental Assessment or an 
Environmental Impact Statement.

Executive Order 12372

    This program is not subject to the provisions of Executive Order 
12372, which require intergovernmental consultation with State and 
local officials. See notice related to 7 CFR part 3015, subpart V, 
published at 48 FR 29115 (June 24, 1983).

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

    Revisions were made to the currently approved information 
collection to reflect the Department's January 25, 1996, announcement 
regarding early release provisions. Current approval by the Office of 
Management and Budget (OMB) is located under control number 0560-0125. 
Total public burden hours are based on the assumption that 
approximately 10,000 requests will be received for early release in 
1996.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average 30 minutes per response.
    Respondents: Owners, operators, and other producers participating 
in CRP.
    Estimated Number of Respondents: 10,000.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 5,000 hours.
    Comments are invited on: (a) whether the proposed collection 
information is necessary for the proper performance of the functions of 
the agency, including whether the information will have practical 
utility; (b) the accuracy of the agency's estimate of the burden of the 
proposed collection of information including the validity of the 
methodology and assumptions used; (c) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (d) ways 
to minimize the burden of collection of information on those who are to 
respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology. Comments may be sent to Desk 
Officer for Agriculture, Office of Information and Regulatory Affairs, 
OMB, Washington, D.C., 20503 and to Cheryl Zavodny, Chief, Conservation 
Programs Branch, Conservation and Environmental Protection Division, 
USDA, FSA, P.O. Box 2415, Ag Box 0513, Washington, D.C., 20013, (202) 
720-6304.
    Copies of information collection may be obtained from Cheryl 
Zavodny, Chief, Conservation Programs Branch, Conservation and 
Environmental Protection Division, USDA, FSA, P.O.

[[Page 10672]]
Box 2415, Ag Box 0513, Washington, D.C., 20013, (202) 720-6304.
    All responses to this notice will be summarized and included in the 
request for OMB approval. All comments will also become a matter of 
public record.

Executive Order 12778

    This interim rule has been reviewed in accordance with Executive 
Order 12778. The provisions of this rule are not retroactive and 
preempt State and local laws to the extent such laws are inconsistent 
with the provisions of this rule. Before any action may be brought in a 
Federal court of competent jurisdiction, the administrative appeal 
rights afforded program participants at 7 CFR part 780 must be 
exhausted.

Request for Comments

    Comments are requested with respect to this interim rule and such 
comments shall be considered in developing the final rule.

Background

    The current regulations in 7 CFR Part 704 and 7 CFR Part 1410 
implemented the CRP, which is authorized by Title XII of the Food 
Security Act of 1985, as amended. Contracts due to expire on September 
30, 1996, are subject to the regulations found in 7 CFR Part 704.
    The intent of the CRP is to permit the CCC to enter into contracts 
with owners and operators of highly erodible and certain other cropland 
to assist such owners and operators in conserving and improving the 
Nation's soil and water resources and wildlife habitat. By entering 
into a contract, the owner or operator agreed to implement an approved 
conservation plan converting highly erodible cropland normally devoted 
to the production of an agricultural commodity to a conserving use and 
to a reduction in certain crop acreage bases, allotments, or quotas. 
CCC provides (1) funds to support technical assistance by way of a 
conservation plan, (2) financial assistance for the costs of 
establishing the conservation practices required by the conservation 
plan, and (3) annual land rental payments to compensate the owner or 
operator for taking the cropland out of production.
    The Department has announced that options to extend expiring 
contracts will be announced before the early release signup period 
begins, so that participants will have all the information to make 
their CRP decisions.

Program Changes

    The Secretary has determined that in order to enhance the commodity 
supply situation for the 1996/97 marketing year, CRP participants with 
certain acreage due to expire from CRP on September 30, 1996, may 
release all or part of the acreage before the expiration date. This 
interim rule provides authority to permit these CRP participants the 
option of early termination with an effective date not to exceed 
September 30, 1996, on certain acreage under CRP contract in whole or 
in part, without penalty or obligation to refund previous payments 
issued under the contract, provided the acreage released, if highly 
erodible and if farmed, is farmed under an Alternative Conservation 
System as determined by the Natural Resources Conservation Service 
(NRCS). The conservation plan for such acreage will avoid measures more 
restrictive than those of an Alternative Conservation System. If the 
acreage is to be hayed or grazed, an approved haying or grazing plan 
for the acreage will be developed by NRCS. Under previous early release 
regulations, published as an interim rule on May 8, 1995, participants 
requesting early release of acreage to be farmed were required to 
obtain from NRCS and follow a more restrictive Basic Conservation 
System. Crop acreage bases, allotments, and quotas will be reinstated 
effective for the 1996 crop year.
    CRP contract acreage which is not eligible for early termination 
under this rule includes acreage subject to contracts due to expire 
after September 30, 1996; acreage with an erodibility index (EI) 
greater than 15, as determined by NRCS; acreage within an average of 
100 feet of a stream or other permanent waterbody; acreage on which a 
CRP easement is filed; and acreage on which there exist the following 
practices installed or developed as a result of participation in CRP: 
grass waterways, filter strips, shallow water areas for wildlife, 
bottomland timber established on wetlands, field windbreaks, and 
shelterbelts. Exclusion of these areas will contribute to continued 
prevention of soil erosion and protection of water quality and certain 
wildlife habitat.
    Although CRP participants are not obligated to request early 
release from their contracts, all signatories to the CRP contract must 
agree to the release. Acreage released under this voluntary opportunity 
will not be eligible for subsequent reenrollment. Further, acreage that 
is not eligible for early release may not otherwise be removed from the 
contract.
    Because CRP participants are making planting decisions and wish to 
carry out their plans as early as possible, it is necessary that this 
regulation be effective upon publication. This action must be effective 
immediately to provide participants the opportunity to finalize their 
farming plans.

List of Subjects in 7 CFR Part 704

    Administrative practices and procedures, Base protection, 
Conservation System, Contracts, Environmental indicators, Natural 
resources, and Technical assistance.
    Accordingly, 7 CFR Part 704 is amended as follows:

PART 704--1986-1990 CONSERVATION RESERVE PROGRAM

    1. The authority citation for 7 CFR Part 704 continues to read as 
follows:

    Authority: 15 U.S.C. 714b and 714c; 16 U.S.C. 3801-3847.

    2. Section 704.2 is amended by redesignating paragraphs (a)(12) 
through (a)(24) as (a)(13) through (a)(25), respectively, and adding a 
new paragraph (a)(12) to read as follows:


Sec. 704.2  Definitions.

    (a) * * *
    (12) Erodibility index (EI) means the factor calculated by the 
Natural Resources Conservation Service (NRCS) of the U.S. Department of 
Agriculture which is used to determine the inherent erodibility that a 
soil possesses without management by dividing the potential average 
annual rate of erosion for each soil by the predetermined soil loss 
tolerance (T) value for the soil;
    3. In Sec. 704.20, paragraph (a)(4) is amended by revising the 
first sentence and by adding a new sentence at the end of the paragraph 
to read as follows:


Sec. 704.20   Contract modifications.

    (a) * * *
    (4) Terminate contracts scheduled to expire on September 30, 1996 
prior to the expiration date with an effective date no later than 
September 30, 1996, provided the acreage released, if farmed, is farmed 
under a conservation system as determined by the Natural Resources 
Conservation Service (NRCS) or, if the acreage is to be hayed or 
grazed, an approved haying or grazing plan is developed by the NRCS. * 
* * In addition, for any land for which an early release is sought, the 
land must have an EI of 15 or less.

    Signed at Washington, DC, on March 11, 1996.
Bruce R. Weber,
Acting Administrator, Farm Service Agency.
[FR Doc. 96-6116 Filed 3-14-96; 8:45 am]
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