[Federal Register Volume 62, Number 233 (Thursday, December 4, 1997)]
[Proposed Rules]
[Pages 64174-64177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31727]


      
 ========================================================================
 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.
 
 ========================================================================
 

  Federal Register / Vol. 62, No. 233 / Thursday, December 4, 1997 / 
Proposed Rules  

[[Page 64174]]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

7 CFR Part 610

RIN 0578-AA22


Technical Assistance

AGENCY: Natural Resources Conservation Service, Agriculture.

ACTION: Proposed rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: Section 342 of the Federal Agriculture Improvement and Reform 
Act of 1996 (the 1996 Act) expands the membership and roles of State 
Technical Committees established pursuant to Section 1261 of the Food 
Security Act of 1985 (the 1985 Act), as amended. Under Section 1261, 
the Secretary must establish a technical committee in each State to 
assist in making technical considerations related to the implementation 
of the 1985 Act's conservation provisions. Consistent with the 1985 
Act, the United States Department of Agriculture (USDA) uses these 
State Technical Committees in an advisory capacity.
    This proposed rule sets forth the policies and procedures for the 
use of State Technical Committees by the USDA, the membership criteria, 
and the responsibilities assigned to these Committees. It also amends 
Sec. 610.2 to reflect the responsibilities assigned to the Natural 
Resources Conservation Service (NRCS) beyond that of soil conservation. 
This proposed rule amends Sec. 610.2 to acknowledge the NRCS mission to 
promote the long-term sustainability of all agricultural lands, 
including cropland, grazing land, pastureland, rangeland, and 
forestland.

DATES: Comments must be received by January 5, 1998.

ADDRESSES: All comments concerning this proposed rule should be 
addressed to: Gary Nordstrom, Director, Conservation Operations 
Division, Natural Resources Conservation Service, P.O. Box 2890, 
Washington, D.C. 20013-2890; Attention: State Technical Committee. Fax 
(202) 720-1838. This rule may also be accessed, and comments submitted, 
via Internet. Users can access the NRCS Federal Register homepage and 
submit comments at: http://astro.itc.nrcs.usda.gov:6500.

FOR FURTHER INFORMATION CONTACT: Denise Coleman, Conservation 
Operations Division, Natural Resources Conservation Service; phone: 
(202) 720-9476; Fax: (202) 720-4265; E-mail: 
[email protected], Attention: State Technical Committee.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This rule has been determined to be significant and was reviewed by 
the Office of Management and Budget (OMB) under Executive Order 12866. 
Pursuant to Sec. 6(a)(3) of Executive Order 12866, the NRCS has 
conducted an economic analysis of the potential impacts associated with 
this proposed rule. Because it is not possible to measure all costs or 
benefits of State Technical Committee involvement in the decision-
making process using strict benefit-cost techniques, a cost effect 
analysis was used. This analysis estimates that no material adverse 
effects on the economy, a sector of the economy, agricultural 
productivity, competition, jobs, the environment, public safety, or 
State, local, or tribal governments or communities are expected from 
implementation of this proposed rule.

Regulatory Flexibility Act

    The Regulatory Flexibility Act is not applicable to this proposed 
rule because USDA is not required by 5 U.S.C. 553 or any other 
provisions of law to publish a notice of proposed rulemaking with 
respect to the subject matter of this rule.

Environmental Evaluation

    NRCS has determined that this proposed rule is within the 
categorical exclusion for advisory and consultative activities under 7 
CFR 1b.3(a)6; therefore, an environmental assessment was not conducted.

Paperwork Reduction Act

    This proposed rule does not require identical collection of 
information. As a result, the Paperwork Reduction Act provisions do not 
apply.

Unfunded Mandates Reform Act of 1995

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995, 
Public Law 104-4, the effects of this rulemaking action on State, 
local, and tribal governments, and the public have been assessed. This 
action does not compel the expenditure of $100 million or more by any 
State, local, or tribal governments, or anyone in the private sector; 
therefore, a statement under Section 202 of the Unfunded Mandates 
Reform Act of 1995 is not required.

Federal Crop Insurance Reform and Department of Agriculture 
Reorganization Act of 1994

    USDA classified this proposed rule as not major, therefore, 
pursuant to Section 304 of the Department of Agriculture Reorganization 
Act of 1994, Public Law 103-354 a risk assessment was not required.

Background and Purpose

    Section 1261 of the Food Security Act of 1985, as amended, sets out 
the membership and roles of the State Technical Committees. The 
Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6901 et 
seq.) exempts State Technical Committees from provisions of the Federal 
Advisory Committee Act (5 U.S.C. App.2).
    NRCS proposes that State Technical Committee membership be expanded 
to consist of individuals who represent a variety of natural resource 
sciences and occupations, including those related to soil, water, 
wetlands, plants, and wildlife. USDA believes the membership expansion 
of State Technical Committees, which creates new sources of local 
conservation expertise, is a positive step. However, NRCS believes that 
the ultimate responsibility of the State Conservationist is to ensure 
that all interests are adequately represented on the Committee.
    As a result of the passage of the 1996 Act, eligibility for State 
Technical Committee membership was expanded to include the private 
sector. In addition to these members, NRCS proposes to add additional 
agencies and groups based on their historical relationship with USDA 
and State Technical Committees. These member agencies

[[Page 64175]]

and groups included the following: Environmental Protection Agency, 
Bureau of Indian Affairs, U.S. Geological Survey, U.S. Army Corps of 
Engineers, State Farm Service Agency Committee, and Federally 
recognized American Indian Tribal Governments and Alaskan Native 
Corporations, encompassing 100,000 acres or more in the State.
    The State Technical Committees shall include one representative 
from each of the following agencies or groups, unless the agency or 
group declines membership:
     NRCS, as Chairperson;
     Farm Service Agency;
     State Farm Service Agency Committee;
     Forest Service;
     Cooperative State Research, Education, and Extension 
Service;
     Rural Development;
     Fish and Wildlife Service;
     Bureau of Land Management;
     Bureau of Indian Affairs;
     U.S. Geological Survey;
     U.S. Army Corps of Engineers;
     Each of the Federally recognized American Indian Tribal 
Governments and Alaskan Native Corporations, encompassing 100,000 acres 
or more in the State;
     State departments and agencies which the NRCS State 
Conservationist deems appropriate, including a member from each of the 
following:

--State fish and wildlife agency;
--State forester or equivalent official;
--State water resources agency;
--State department of agriculture;
--State association of soil and water conservation districts;
--State coastal zone management agency; State soil and water 
conservation agency; and
--Other Federal, State, tribal and local agency representatives with 
expertise in soil, water, wetlands, plant, and wildlife management, as 
the NRCS State Conservationist considers appropriate.
    In addition to other Federal, State, tribal, and local agency and 
group membership, the State Technical Committees will include members 
from the following private interests, including:
     Agricultural producers with demonstrable conservation 
expertise;
     Nonprofit organizations with demonstrable conservation 
expertise;
     Persons knowledgeable about conservation techniques and 
programs; and
     Agribusiness.
    To ensure that recommendations of the State Technical Committees 
take into account the needs of the diverse groups served by the USDA, 
membership shall include, to the extent practicable, individuals with 
demonstrated ability to represent minorities, women, and persons with 
disabilities.
    In accordance with the preceding paragraphs, the NRCS State 
Conservationist determines the membership on the State Technical 
Committee. Individuals or groups wanting to participate on a State 
Technical Committee may submit to the NRCS State Conservationist for 
that State a request which explains their interest and outlines their 
credentials which they believe are relevant to becoming a member of the 
State Technical Committee. Decisions of the NRCS State Conservationist 
concerning membership on the committee are final and not appealable to 
any other individual or group.
    State Technical Committee meetings are open to the public. This 
rule proposes that the State Conservationist provide public notice of 
meetings that consider issues relating to particular conservation 
programs. The State Conservationist will publish a meeting notice no 
later than 7 calendar days prior to the meeting. Notification may 
exceed this 7 day minimum where State open meeting laws exist and 
require a longer notification period. NRCS proposes that this notice be 
published in one or more newspaper(s), including Tribally-recommended 
publications, to achieve statewide notification. The State 
Conservationist will schedule and conduct the meetings, although 
meetings may be requested by any USDA agency as needed.
    In some situations, specialized subcommittees, made up of State 
Technical Committee members, may be needed to analyze and refine 
specific issues. The State Conservationist, may assemble certain 
members to discuss, examine, and focus on a particular technical or 
programmatic topic. In such situations, where subcommittee meetings 
occur, public notification and participation are not necessary. 
Nevertheless, decisions resulting from these subcommittee sessions 
shall be made only in a general session of the State Technical 
Committee, where the public is notified and invited to attend.
    The State Technical Committees have no implementation or 
enforcement authority. However, the Committees' advisory capacity 
extends to many of the USDA conservation programs. As set forth in 
Section 1262 of the 1985 Act (16 U.S.C. 3862(c)), the responsibilities 
of the State Technical Committee include recommendations on matters 
such as:
     The technical aspects of wetland protection, restoration, 
and mitigation requirements;
     Guidelines for haying or grazing and the control of weeds 
to protect nesting wildlife on set-aside acreage;
     Highly erodible land exemptions and appeals;
     Wetland and highly erodible land conservation compliance 
exemptions and appeals;
     Methods to address common weed and pest problems and 
programs to control weeds and pests found on acreage enrolled in the 
Conservation Reserve Program (16 U.S.C. 3831-3836);
     Guidelines for planting perennial cover for water quality 
and wildlife habitat improvement on set-aside lands;
     Criteria and priorities for state initiatives under the 
Environmental Quality Incentives Program (EQIP) under chapter 4 of 
subtitle D; and

Section 1262 of the 1985 Act (16 U.S.C. 3862(c)(8)) also provides that 
State Technical Committees may offer recommendations on other matters 
determined appropriate by the NRCS State Conservationist. USDA will 
seek State Technical Committee recommendations including, but not 
limited to, the following:
     The establishment of the Wildlife Habitat Incentives 
Program (WHIP), as set forth in Section 387 of the 1996 Act (16 U.S.C 
3836a);
     The development of a Wetland Reserve Program (WRP) (16 
U.S.C. 3837) wetland restoration plan;
     Program assistance to Environmental Quality Incentive 
Program (EQIP) participants with significant statewide resource 
concerns outside a priority area, 7 CFR part 1466;
     Eligible conservation practices for an EQIP priority area 
or for significant statewide resource concerns outside a priority area, 
7 CFR part 1466;
     Criteria to be used in defining a large confined livestock 
operation under EQIP, 7 CFR part 1466;
     Suggestions on how often producers' EQIP applications are 
ranked and selected, 7 CFR part 1466;
     Criteria to prioritize applications from applicants with 
significant statewide resource concerns outside a priority area, 7 CFR 
part 1466;
     Statewide program guidelines applicable to WRP easement 
compensation, restoration planning, priority ranking, and related 
policy matters, 7 CFR part 1467;
     Determination of cost share and incentive payment limits 
for participants subject to environmental requirements or with 
significant statewide resource concerns outside a

[[Page 64176]]

priority area, under the EQIP provision, 7 CFR part 1466;
     Identification of any categories of conversion activities 
and conditions which are routinely determined by NRCS to have minimal 
effect on wetland functions and values as described in 7 CFR part 12; 
and
     Types or classes of wetland that are not eligible for 
mitigation exemption, under the Wetland Conservation provisions, 7 CFR 
part 12.

Technical Assistance

    The NRCS delivers the majority of the technical assistance provided 
to private landowners pursuant to 7 CFR 610.2. Section 610.2 has not 
yet been revised to provide for the responsibilities assigned to the 
NRCS beyond that of soil conservation (16 U.S.C 2005). To reflect the 
broader mission of NRCS, particularly as it relates to technical 
assistance provided to private grazing land (16 U.S.C. 2005b), NRCS is 
amending Sec. 610.2 to acknowledge that one of NRCS' missions is to 
improve the quality of all agricultural lands, including grazing land, 
pastureland, rangeland, forestland, and cropland so that the long-term 
sustainability of the resource base is achieved.

List of Subjects in 7 CFR Part 610

    Soil conservation, Technical assistance, Water resources.

    Accordingly part 610 of Title 7 of the Code of Federal Regulations 
is amended as follows:

PART 610--[AMENDED]

    1. The authority for part 610 is revised to read as follows:

    Authority: 16 U.S.C. 590a-f, 590q, 2005, 2005b.

    2. Section 610.2 is revised to read as follows:


Sec. 610.2  Scope.

    (a) Conservation operations, including technical assistance, is the 
basic soil and water conservation program of NRCS. This program is 
designed to provide assistance to:
    (1) Reduce soil losses from erosion;
    (2) Help solve soil, water, and agricultural waste management 
problems;
    (3) Bring about adjustments in land use as needed;
    (4) Reduce damage caused by excess water and sedimentation; and
    (5) Improve the quality of all agricultural lands, including 
grazing land, pastureland, rangeland, forestland, and cropland so that 
the long-term sustainability of the resource base is achieved.
    (b) The Natural Resources Conservation Service is the technical 
agency of the U.S. Department of Agriculture for providing assistance 
to conservation districts and other organizations in planning and 
carrying out their conservation programs. NRCS works with individuals, 
groups, and units of government to help them plan and carry out 
conservation decisions to meet their objectives.
    3. A new Subpart C is added to read as follows:

Subpart C--State Technical Committees

Sec.
610.21  Purpose and scope.
610.22  State Technical Committee membership.
610.23  State Technical Committee meetings.
610.24  Responsibilities of State Technical Committees.


Sec. 610.21  Purpose and scope.

    This subpart sets forth the procedures for establishing and 
utilizing the advice of State Technical Committees. USDA will use State 
Technical Committees in an advisory capacity in the administration of 
certain conservation programs and initiatives. These State Technical 
Committees are exempt from the provisions of the Federal Advisory 
Committee Act (5 U.S.C. App. 2). The NRCS shall establish in each State 
a technical committee to assist in making technical recommendations 
relating to the implementation of conservation provisions. This subpart 
sets forth the membership guidelines and responsibilities of the State 
Technical Committees.


Sec. 610.22  State Technical Committee membership.

    (a) State Technical Committees shall include members who represent 
a variety of natural resource sciences and occupations, including those 
related to soil, water, wetlands, plants, and wildlife. The State 
Conservationist is to ensure that all interests are equally 
represented. Committee membership includes one representative from the 
following agencies or groups, if willing to serve:
    (1) NRCS, as Chairperson;
    (2) Farm Service Agency;
    (3) State Farm Service Agency Committee;
    (4) Forest Service;
    (5) Cooperative State Research, Education, and Extension Service;
    (6) Rural Development;
    (7) Fish and Wildlife Service;
    (8) Environmental Protection Agency;
    (9) Bureau of Land Management;
    (10) Bureau of Indian Affairs;
    (11) U.S. Geological Survey;
    (12) U.S. Army Corps of Engineers;
    (13) Each of the Federally recognized American Indian Tribal 
Governments and Alaskan Native Corporations encompassing 100,000 acres 
or more in the State;
    (14) State departments and agencies which the NRCS State 
Conservationist deems appropriate, including a member from each of the 
following:
    (i) State fish and wildlife agency;
    (ii) State forester or equivalent official;
    (iii) State water resources agency;
    (iv) State department of agriculture;
    (v) State association of soil and water conservation districts;
    (vi) State soil and water conservation agency;
    (vii) State coastal zone management agency; and
    (15) Other Federal, State, tribal, and local agency personnel with 
expertise in soil, water, wetlands, plant, and wildlife management, as 
the NRCS State Conservationist considers appropriate.
    (b) In addition to agency membership, State Technical Committees 
shall contain members from the following private interests, including:
    (1) Agricultural producers with demonstrable conservation 
expertise;
    (2) Nonprofit organizations with demonstrable expertise;
    (3) Persons knowledgeable about economic and environmental impacts 
of conservation techniques and programs; and
    (4) Agribusiness.
    (c) To ensure that recommendations of the State Technical 
Committees take into account the needs of the diverse groups served by 
the USDA, membership shall include, to the extent practicable, 
individuals with demonstrated ability to represent minorities, women, 
and persons with disabilities.
    (d) In accordance with the guidelines in paragraphs (a), (b), and 
(c) of this section, the State Conservationist determines membership on 
the State Technical Committee. Individuals or groups wanting to 
participate on a State Technical Committee within a specific State may 
submit to the State Conservationist of that particular State a request 
which explains their interest and outlines their credentials which they 
believe are relevant to becoming a member of the State Technical 
Committee. Decisions of the State Conservationist concerning membership 
on the committee are final and not appealable to any other individual 
or group within USDA.

[[Page 64177]]

Sec. 610.23  State Technical Committee meetings.

    (a) The State Conservationist of each State chairs the State 
Technical Committee. State Technical Committees shall provide public 
notice of meetings that consider issues related to conservation 
programs. The State Conservationist shall publish a meeting notice no 
later than 7 calendar days prior to the meeting. Notification may 
exceed this 7-day minimum where State open meeting laws exist and 
require a longer notification period. The State Conservationist shall 
publish this notice in at least one or more newspaper(s), including 
Tribally-recommended publications, to attain statewide circulation.
    (b) The State Conservationist, as Chairperson, schedules and 
conducts the meetings, although a meeting may be requested by any USDA 
agency as needed.


Sec. 610.24  Responsibilities of State Technical Committees.

    (a) Each State Technical Committee established under this subpart 
shall meet on a regular basis, as determined by the State 
Conservationist, to provide information, analysis, and recommendations.
    (b) The State Technical Committee shall provide, in writing to the 
implementing USDA program agency, recommendations, data, and technical 
analyses, which reflect the professional information and judgment of 
the State Technical Committee. Such information, analyses, and 
recommendations shall be provided in a manner that will assist in 
determining matters of fact, technical merit, or scientific question.
    (c) The implementing agency reserves the authority to accept or 
reject the Committee's recommendations; however, the implementing 
agency shall give strong consideration to the Committee's suggestions.

    Signed in Washington, D.C. on November 28, 1997.
Thomas A. Weber,
Acting Chief, Natural Resources Conservation Service.
[FR Doc. 97-31727 Filed 12-3-97; 8:45 am]
BILLING CODE 3410-16-P