[Federal Register Volume 64, Number 148 (Tuesday, August 3, 1999)]
[Rules and Regulations]
[Pages 41999-42005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19899]



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  Federal Register / Vol. 64, No. 148 / Tuesday, August 3, 1999 / Rules 
and Regulations  

[[Page 41999]]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

7 CFR Part 610

RIN 0578-AA22


Technical Assistance

AGENCY: Natural Resources Conservation Service, USDA.

ACTION: Final rule.

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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, as amended (the 1985 Act). 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, State Technical Committees work closely with the United States 
Department of Agriculture (USDA) in an advisory capacity.
    This rule sets forth the policies and procedures for the use of 
State Technical Committees by USDA, the membership criteria, and the 
responsibilities assigned to these committees. It also amends 
regulations to reflect the responsibilities assigned to the Natural 
Resources Conservation Service (NRCS) beyond that of soil conservation. 
This rule amends regulations to acknowledge the NRCS mission to promote 
the long-term sustainability of all agricultural lands, including 
cropland, forestland, and grazing lands which include pastureland, 
rangeland, and grazed forest land. This rule further explains the NRCS 
mission to include improving water quality, fish and wildlife habitat, 
wetlands, and unique natural areas.

EFFECTIVE DATE: August 3, 1999.

ADDRESSES: This rule may also be accessed via Internet. Users can 
access the NRCS Federal Register homepage and submit comments at: 
http://www.nrcs.usda.gov; select 1996 Farm Conservation Programs from 
the menu.

FOR FURTHER INFORMATION CONTACT: Gary R. Nordstrom, Conservation 
Operations Division, Natural Resources Conservation Service; telephone: 
(202) 720-1845; 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 final rule. Because it is not possible to measure all costs or 
benefits of the State Technical Committees using strict benefit-cost 
techniques, a cost-effectiveness 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 final rule. Copies 
of the benefit-cost assessment are available upon request from Mitch 
Flanagan, Attn: State Tech. Comm., Conservation Operations Division, 
Natural Resources Conservation Service, P.O. Box 2890, Washington, DC 
20013-2890.

Regulatory Flexibility Act

    The Regulatory Flexibility Act is not applicable to this final rule 
because NRCS 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 final rule is within the categorical 
exclusion for advisory and consultative activities under 7 CFR Sec. 
1b.3(a)6. Therefore, an environmental assessment was not conducted.

Paperwork Reduction Act

    In accordance with section 3507(j) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection and 
recordkeeping requirements included in this final rule have been 
submitted for emergency approval to the Office of Management and Budget 
(OMB). OMB has assigned control number 0578-0027 to the information 
collection and recordkeeping requirements. Notwithstanding any other 
provision of the law, no person is required to respond to, nor shall 
any person be subject to penalty for failure to comply with a 
collection of information, subject to the requirements of the Paperwork 
Reduction Act, unless that collection of information displays a 
currently valid OMB Control Number. Please send written comments to the 
Office of Information and Regulatory Affairs, OMB, Attention: Desk 
Officer for Agriculture, Washington, DC 20503. Please also send a copy 
of your comments to Gary R. Nordstrom, PO Box 2890, Washington, DC 
20013.
    The paperwork associated with the establishment of State Technical 
Committees will include submission of a request for committee 
membership consideration including an explanation of the individual's 
interest and a description of their credentials relevant to becoming a 
member of the State Technical Committee. We are soliciting comments 
from the public (as well as from affected agencies) concerning our 
information collection and recordkeeping requirements. We need this 
outside input to help us accomplish the following:
    (1) Evaluate whether the proposed collection of information is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological

[[Page 42000]]

collection techniques or other forms of information technology, e.g., 
permitting electronic submission responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 60 minutes per response.
    Estimated number of respondents: 240 (annually).
    Estimated number of responses per respondent: 1.
    Estimated total annual burden on respondents: 240.
    Copies of this information collection can be obtained from: 
Information Clearance Officer, OCIO, USDA, Room 404-W, 1400 
Independence Avenue, Washington, DC 20250.

Unfunded Mandates Reform Act of 1995

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995, 
Pub. L. 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 final rule as not major; therefore, under 
Section 304 of the Department of Agriculture Reorganization Act of 
1994, Pub. L. 103-354, a risk assessment was not required.

Background and Purpose

    Section 1261 of the 1985 Act sets out the membership and roles of 
the State Technical Committees. Section 1262 (e) exempts State 
Technical Committees from the provisions of the Federal Advisory 
Committee Act.
    NRCS policy encourages individuals from a variety of natural 
resource sciences and occupations to participate on the State Technical 
Committee. NRCS considers the expanded membership of State Technical 
Committees as a positive step towards gaining local conservation 
expertise. However, NRCS believes that the ultimate responsibility of 
the NRCS State Conservationist in a particular State is to ensure that 
all interests are adequately represented on the committee and that 
committee recommendations are applied in a streamlined and cost-
effective manner.
    The 1996 Act (Pub. L. 104-127) expanded eligibility for State 
Technical Committee membership to include representatives from the 
private sector. In addition to these members, the State Technical 
Committee includes additional agencies and groups based on their proven 
expertise with conservation programs. These member agencies and groups 
include the following: Environmental Protection Agency, Bureau of 
Indian Affairs, U.S. Geological Survey, U.S. Army Corps of Engineers, 
Farm Service Agency State 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 include one representative from each 
of the following agencies or groups, unless the agency or group 
declines membership:

Department of Agriculture

     NRCS (Chairperson);
     Farm Service Agency;
     Farm Service Agency State Committee;
     Forest Service;
     Cooperative State Research, Education, and Extension 
Service;
     Rural Development;

Department of the Interior

     Fish and Wildlife Service;
     Bureau of Land Management;
     Bureau of Indian Affairs;
     Bureau of Reclamation;
     U.S. Geological Survey;

Department of Defense

     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, for example, a member from each of 
the following:
     Fish and wildlife agency;
     Forestry agency;
     Water resources agency;
     Department of agriculture;
     Association of soil and water conservation districts;
     Coastal zone management agency;
     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 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
     Representatives from agribusiness.
    To ensure that recommendations of the State Technical Committees 
take into account the needs of the diverse groups served by USDA, 
membership shall include, to the extent practicable, individuals with 
demonstrated ability and skills concerning natural resource 
conservation subjects specific to historically under-served groups and 
individuals; i.e. minorities, women, persons with disabilities and 
socially and economically disadvantaged groups.
    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 that 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 are not subject to appeal.
    State Technical Committee meetings are open to the public. The 
State Conservationist will provide public notice of meetings that 
consider issues relating to particular conservation programs. The State 
Conservationist will publish a meeting notice no later than 14 calendar 
days prior to the meeting. Notification may exceed this 14-day minimum 
where State open meeting laws exist and require a longer notification 
period. An exception to this minimum 14-day notice requirement may 
occur in the case of an emergency. The State Conservationist will 
publish this meeting notice in one or more newspaper(s), including 
recommended Tribal 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

[[Page 42001]]

meetings occur, the subcommittee may seek public participation. 
Nevertheless, official recommendations 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 Act (16 U.S.C. 3862(b)(1) and 16 U.S.C. 3862(c)), 
the responsibilities of the State Technical Committee include 
recommendations on technical matters such as:
     Guidelines for evaluating petitions by agricultural 
producers regarding new conservation practices and systems not already 
described in field office technical guides;
     Aspects of wetland protection, restoration, and mitigation 
requirements;
     Criteria to be used in evaluating bids for enrollment of 
environmentally-sensitive lands in the Conservation Reserve Program (16 
U.S.C. 3831-3836);
     Guidelines for haying or grazing and the control of weeds 
to protect nesting wildlife on set-aside acreage;
     Highly erodible land exemptions and the appeals process as 
they pertain to technical issues and information;
     Wetland and highly erodible land conservation compliance 
exemptions and the appeals process;
     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) (16 U.S.C 3839aa) and 7 
CFR 1466, including:
     Criteria to prioritize applications from applicants with 
significant statewide resource concerns outside a priority area;
     Eligible conservation practices for an EQIP priority area 
or for significant statewide resource concerns outside a priority area;
     Criteria to be used in defining a large confined livestock 
operation;
     Suggestions on how often producers' applications are 
ranked and selected; and
     Determination of cost share and incentive payment limits 
for participants subject to environmental requirements or with 
significant statewide resource concerns outside a priority area.

Section 1262 of the Act (16 U.S.C. 3862(c)(9)) 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 implementation of the Wildlife Habitat Incentives 
Program (WHIP), (16 U.S.C 3836a);
     The development of a statewide Wetlands Reserve Program 
(WRP) (16 U.S.C. 3837) wetland restoration plan;
     Statewide program guidelines applicable to WRP easement 
compensation, restoration planning, priority ranking, and related 
policy matters, 7 CFR part 1467;
     The technical merits of proposals submitted for the 
Farmland Protection Program;
     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;
     Conservation techniques and measures related to achieving 
environmental justice needs; and
     Types or classes of wetland that are not eligible for 
mitigation exemption under the Wetland Conservation provisions of 7 CFR 
part 12.

Technical Assistance

    The NRCS delivers the majority of the USDA 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. To reflect the broader 
mission of NRCS, particularly as it relates to technical assistance 
provided to private grazing land (16 U.S.C. 2005b) and fish and 
wildlife habitat areas, NRCS is amending Sec. 610.2. This Section 
acknowledges that NRCS' mission encompasses promoting 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 with special attention to water quality, fish 
and wildlife habitat, wetlands, and unique natural areas.

Analysis of Public Comments

    In general, all 38 respondents expressed appreciation for the 
opportunity to comment on Part 610. Most of the respondents were 
pleased with the rule and offered valuable suggestions on how to 
encourage public participation on State Technical Committees and better 
explain NRCS' mission, particularly as it relates to providing 
technical assistance. The majority of the comments were concerned with 
six major issues in the proposed rule: (1) Explaining the scope of the 
NRCS mission, as it pertains to technical assistance; (2) notifying the 
public and State Technical Committee members about meetings and the 
decisions following these meetings; (3) extending State Technical 
Committee responsibilities beyond the programs listed in the proposed 
rule; (4) clarifying the role of the Chairperson; and (5) identifying 
membership of the State Technical Committee and its specialized 
subcommittees. Two comments suggested that the title of State Technical 
Committee be changed to Farm Bill Technical Committee; however, NRCS 
did not adopt these comments because the State Technical Committees 
provides advice and recommendations on more than just Farm Bill issues. 
The following paragraphs summarize the comments received on the 
proposed rule and NRCS' responses to them.

Preamble Comments by Section

Section 610.2  Scope

    Comment: NRCS received ten comments on revising the scope of NRCS 
technical assistance. None of those who commented opposed the language 
that was proposed in this section; however, nine of the ten wanted to 
expand or clarify the scope of NRCS technical assistance. Seven 
comments expressed an interest in adding fish and wildlife habitat, 
wetlands, and natural areas to NRCS' mission statement. Several of 
these comments also supported NRCS expanding its mission to urban 
areas. One comment indicated that they would like to see its mission 
statement broadened to include urban erosion and sediment control, 
water quality, abandoned mine reclamation and rural development, while 
another comment wanted to expand upon the definition of grazing lands, 
which would include rangeland, pastureland, grazed forestland, and 
hayland. Two of the ten comments also supported expanding NRCS' mission 
to include coastal zone management. One comment indicated satisfaction 
with the language.
    Response: The NRCS appreciates these comments and has clarified the 
regulations to explain its mission to include improving water quality, 
fish and wildlife habitat, and wetlands, since many of the authorities 
under

[[Page 42002]]

which NRCS operates include references to fish and wildlife habitat, 
water quality, and wetlands. NRCS technical assistance does extend to 
coastal zone management, abandoned mine reclamation and rural 
development; however, other Federal agencies have a much greater role 
in these matters.

Subpart C--State Technical Committees

Section 610.21  Purpose and Scope
    Comment: All of the comments received by NRCS supported the 
establishment of State Technical Committees in each State. As of 
September 30, 1996, all states had established State Technical 
Committees to assist in making technical recommendations relating to 
the implementation of USDA conservation provisions. Three comments 
requested that State Technical Committee recommendations be considered 
as more than just advice.
    Response: The purpose of State Technical Committee, which is stated 
in the rule, mirrors the statutory purposes. According to Sec. 1262 of 
the 1985 Act, State Technical Committees are ``advisory and shall have 
no implementation and enforcement authority;'' however, the [State 
Conservationist] shall give strong consideration to the recommendations 
of such Committees. * * *''
Section 610.22  State Technical Committee Membership
    Comment: NRCS received 33 comments on State Technical Committee 
membership. Four comments supported more local involvement on State 
Technical Committees, while seven commenters would like to see all 
agricultural and conservation organizations represented on the 
committee. One comment asked to see farmers represented on the 
Committee.
    Response: NRCS supports representation from farmers, agricultural 
and conservation organizations, and other local organizations with 
conservation technical expertise. The final rule's representation 
requirements for these organizations and individuals mirrors what is in 
the statute. This includes representatives from the agricultural 
community and agribusiness.
    Comment: Two comments would like state agency representation to be 
mandatory rather than ``as the State Conservationist deems 
appropriate.''
    Response: NRCS has supported and continues to support state agency 
representation on the State Technical Committee. Historically, NRCS has 
included members from a variety of state agencies. In fact, in a survey 
that was conducted in 1996, it was estimated that approximately 49 
percent of its members are government employees, over 22 percent being 
from state agencies. In order to maintain Committee balance among all 
interests and assure that other interests are fairly represented, NRCS 
has chosen to retain the statute's language ``as deemed appropriate'' 
for State Technical Committee membership and rely on its State 
Conservationist to determine state agency participation.
    Comment: Three comments expressed concerns about the size of State 
Technical Committees. One comment stated that State Technical 
Committees will be unwieldy by including all the members that were 
suggested in the proposed rule. Another comment requested that 
excessive representation of governmental entities be eliminated. One 
commented suggested that a procedure be established to expand or reduce 
the size of the Committee, while four comments indicated that they were 
satisfied with the proposed State Technical Committee membership.
    Response: NRCS shares many of these concerns and has therefore 
limited membership of governmental agencies to one representative from 
each of the agencies mentioned in the proposed rule. In order to 
control the potential unwieldiness that may occur when a large 
committee meets, NRCS has also established specialized subcommittees, 
in 7 CFR 610.25, to discuss, analyze, and refine specific issues. NRCS 
believes that these specialized subcommittees will assist in making 
these State Technical Committees operate more efficiently and 
effectively.
    Comment: One comment supported allowing the State Conservationist, 
as Chairperson, to remove an appointed member for lack of 
participation. Three comments suggested using a fixed-term membership.
    Response: NRCS is required by statute to offer membership to 
several agencies and other categories of participants. To dismiss one 
member, due to lack of participation, would be contrary to the 
statutory mandate. However, NRCS also believes that some members may be 
reluctant to serve due to time, travel, or other constraints and 
therefore, NRCS has included the phrase, ``if willing to serve.'' 
Furthermore, NRCS believes that it is up to the agency or organization 
to select its representative and the term in which they want the 
representative to serve on the State Technical Committee.
    Comment: One comment proposed to include the National Agricultural 
Statistics Service (NASS) and Environmental Protection Agency (EPA) in 
State Technical Committee membership.
    Response: In the proposed rule, NRCS included EPA in the State 
Technical Committee membership based on its conservation expertise. In 
addition to EPA, NRCS has also included, based on their natural 
resource conservation expertise and past involvement with State 
Technical Committees, the following agencies and organizations: 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. NRCS 
encourages the State Conservationist to consider and to invite 
representatives from agencies which may have conservation expertise, 
such as NASS.
    Comment: One comment requested that NRCS make certain that under-
served minorities are included as members of the Committee and as 
participants in the public meeting.
    Response: NRCS shares this concern and will increase its outreach 
to all communities to ensure that representation on the State Technical 
Committee includes diverse groups. In addition, membership shall 
include, to the extent practicable, individuals with conservation 
expertise, which may be particular to historically under-served groups, 
such as minorities, women, and persons with disabilities.
    Comment: Two comments requested that the proposed rule should be 
amended to have two classes of membership on the State Technical 
Committee. They suggested that membership on the actual committee 
should be limited to directors of the individual State or Federal 
agencies with direct ties to USDA conservation programs. The other 
committee should consist of department heads or other experts that have 
expertise in conservation issues but do not have direct authority to 
implement conservation programs.
    Response: NRCS believes that this tiered approach is inconsistent 
with the law and undermines the broad advice that State Technical 
Committees are authorized to provide.
    Comment: Seven comments requested that NRCS provide a written 
rationale when organizations and individuals are denied membership. 
Three of these comments requested appeal rights to the Secretary be 
granted if membership is denied.

[[Page 42003]]

    Response: The purpose of the State Technical Committee is to 
improve the technical quality of USDA decisions on conservation 
matters. Section 1261 does not create any rights or benefits for any 
group or individual. Therefore, the State Conservationist's denial of 
participation does not constitute an adverse decision subject to 
appeal. In addition, NRCS believes that it is not necessary for a 
written rationale to be provided when organizations and individuals are 
denied membership.
Section 610.23  State Technical Committee Meetings
    Comment: Six comments requested that NRCS require at least a 14-
calendar day notice of all State Technical Committee meetings, rather 
than the proposed 7-calendar day minimum notice. Four comments 
suggested that these meetings be held on a quarterly basis, rather than 
being arranged as appropriate, in order to allow members enough time to 
arrange their schedule.
    Response: NRCS accepted the minimum 14-calendar day notice 
requirement suggestion, except in cases of emergencies. Notification 
may exceed this 14-day minimum, where State open meeting laws exist and 
a longer notification period would be appropriate for participation by 
State agencies.
    Comment: Eleven comments complained that, in the past, many members 
were not prepared to discuss issues raised at meetings. In addition, 
they questioned whether their advice was adequately considered by the 
State Conservationist. As a result, they requested stricter guidelines 
for State Conservationists, relating to meeting preparations. These 
included: notifying members of final decisions made; circulating an 
agenda prior to the meeting; and writing and distributing minutes.
    Response: NRCS agrees with the need to prepare members for meetings 
with upcoming agendas and background information. It also agrees that 
providing minutes and informing the members of final decisions is 
extremely important; however, NRCS will outline these detailed 
requirements in guidance documents to the NRCS State Offices, rather 
than in the final rule.
    Comment: Three comments requested that the State Conservationist 
notify State Technical Committee members via a mailing list and 
newspapers.
    Response: NRCS concurs with this comment and will outline these 
requirements in guidance documents to the NRCS State Offices, rather 
than in the final rule.
    Comment: Three comments requested that the role of the State 
Technical Chairperson be further defined, while another requested that 
the Chair rotate among members.
    Response: NRCS believes that the role of the Chairperson needs to 
remain flexible; therefore, NRCS is not placing restrictions in the 
rule. In regards to rotating the Chair among members, NRCS believes 
that the accountability of the Chairperson for meeting the required 
duty necessitates that the State Conservationist serve in such 
capacity.
Section 610.24  Responsibilities of State Technical Committees
    Comment: Eight comments requested that the role of the State 
Technical Committees be extended to advise on issues relating to the 
Conservation Reserve Program (CRP), while three specifically wanted the 
State Technical Committee to advise on CRP bid offers, as suggested in 
Sec. 1262(c) of the Act. Six comments suggested that the State 
Technical Committee's responsibility for establishing guidelines and 
criteria for evaluating petitions by agricultural producers for new 
conservation practices and systems also be included in the final rule. 
Five other comments suggested that the Committee's responsibility 
should extend to other programs, such as the Farmland Protection 
Program and other programs.
    Response: NRCS previously set forth the State Technical Committee's 
responsibilities in the proposed rule and other final rules and public 
notices pertaining to USDA conservation programs. NRCS believes that 
these lists and the list that is included in this final rule are 
adequate in outlining the roles and responsibilities of State Technical 
Committees.
Section 610.25  Specialized Subcommittees.
    Comment: Three comments indicated that they supported the proposed 
rule's subcommittee language, although two comments suggested that this 
be included in both the preamble and the regulations published in the 
final rule.
    Response: NRCS agreed with these comments and has inserted the 
State Technical Committee subcommittee language in both the preamble 
and the regulations published in this final rule.
    Comment: Five comments requested that subcommittees be open to 
agencies, groups, or persons who are not members of the State Technical 
Committee.
    Response: NRCS believes in allowing as many individuals to 
participate in the process as possible. However, to have the work of 
the subcommittee truly focus on the work of the State Technical 
Committee, subcommittee members need to consist only of members from 
the State Technical Committee. NRCS welcomes non-members to attend the 
public meetings and to submit comments as appropriate.

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, 2005b, 3861, 3862.

    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:
    (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;
    (5) Enhance the quality of fish and wildlife habitat; and
    (6) Improve all agricultural lands, including cropland, forestland, 
and grazing lands that include pastureland, rangeland, and grazed 
forestland so that the long-term sustainability of the resource base is 
achieved.
    (b) The Natural Resources Conservation Service is USDA's technical 
agency for providing assistance to private landowners, conservation 
districts, and other organizations in planning and carrying out their 
conservation activities and 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.
610.25  Specialized Subcommittees.

[[Page 42004]]

Sec. 610.21  Purpose and scope.

    This subpart sets forth the procedures for establishing and using 
the advice of State Technical Committees. NRCS shall establish in each 
State a technical committee to assist in making technical 
recommendations relating to the implementation of natural resource 
conservation activities and programs. 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).


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 in each State will serve as chairperson. In addition, 
committee membership will include one representative from each of the 
following agencies or groups, if willing to serve:
    (1) NRCS, USDA;
    (2) Farm Service Agency, USDA;
    (3) State Farm Service Agency Committee, USDA;
    (4) Forest Service, USDA;
    (5) Cooperative State Research, Education, and Extension Service, 
USDA;
    (6) Rural Development, USDA;
    (7) Fish and Wildlife Service, United States Department of 
Interior;
    (8) United States Environmental Protection Agency;
    (9) Bureau of Land Management, United States Department of 
Interior;
    (10) Bureau of Indian Affairs, United States Department of 
Interior;
    (11) U.S. Geological Survey, United States Department of Interior;
    (12) Bureau of Reclamation, United States Department of Interior;
    (13) Corps of Engineers, United States Department of the Army;
    (14) Each of the Federally recognized American Indian Tribal 
Governments and Alaskan Native Corporations encompassing 100,000 acres 
or more in the State;
    (15) State departments and agencies that the NRCS State 
Conservationist deems appropriate, including a member from each of the 
following agencies or entities within the State:
    (i) Fish and wildlife agency;
    (ii) Forestry agency;
    (iii) Water resources agency;
    (iv) Department of agriculture;
    (v) Association of soil and water conservation districts;
    (vi) Soil and water conservation agency;
    (vii) Coastal zone management agency; and
    (16) 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 and Tribal membership, State Technical 
Committees shall include members from the following private interests, 
if willing to serve:
    (1) Agricultural producers with demonstrable conservation 
expertise;
    (2) Nonprofit organizations with demonstrable conservation 
expertise;
    (3) Persons knowledgeable about economic and environmental impacts 
of conservation techniques and programs; and
    (4) Representatives from 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 the conservation and 
related technical concerns of particular historically under-served 
groups and individuals; i.e., minorities, women, persons with 
disabilities and socially and economically disadvantaged groups.
    (d) In accordance with the guidelines in paragraphs (a), (b), and 
(c) of this section, the State Conservationist establishes 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 
that 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.


Sec. 610.23  State Technical Committee meetings.

    (a) The State Conservationist shall provide public notice of State 
Technical Committee meetings in which issues related to conservation 
programs will be considered.
    (b) The State Conservationist shall publish a meeting notice no 
later than 14 calendar days prior to the meeting. Notification may 
exceed this 14-day minimum where State open meeting laws exist and 
provide for a longer notification period. This minimum 14-day notice 
requirement may be waived in the case of exceptional conditions. The 
State Conservationist shall publish this notice in at least one or more 
newspaper(s), including recommended Tribal publications, to attain 
statewide circulation. 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 responsibilities of the State Technical Committee include 
making recommendations with respect to the technical matters such as:
    (1) Guidelines for evaluating petitions by agricultural producers 
regarding new conservation practices and systems not already described 
in field office technical guides;
    (2) Aspects of wetland protection, restoration, and mitigation 
requirements;
    (3) Criteria to be used in evaluating bids for enrollment of 
environmentally-sensitive lands in the Conservation Reserve Program (16 
U.S.C. 3831-3836);
    (4) Guidelines for haying or grazing and the control of weeds to 
protect nesting wildlife on set-aside acreage;
    (5) Highly erodible land exemptions and the appeals process as it 
pertains to technical issues and information;
    (6) Wetland and highly erodible land conservation compliance 
exemptions and the appeals process;
    (7) 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);
    (8) Guidelines for planting perennial cover for water quality and 
wildlife habitat improvement on set-aside lands;
    (9) Criteria and priorities for state initiatives under the 
Environmental Quality Incentives Program (EQIP) (16 U.S.C. 3839aa), 
including:

[[Page 42005]]

    (i) Criteria to prioritize applications from applicants with 
significant statewide resource concerns outside a priority area;
    (ii) Eligible conservation practices for an EQIP priority area or 
for significant statewide resource concerns outside a priority area;
    (iii) Criteria to be used in defining a large confined livestock 
operation under EQIP;
    (iv) Suggestions on how often producers' EQIP applications are 
ranked and selected;
    (v) Criteria to prioritize applications from applicants with 
significant statewide resource concerns outside a priority area; and
    (vi) Determination of cost share and incentive payment limits for 
participants subject to environmental requirements or with significant 
statewide resource concerns outside a priority area.
    (10) The implementation of the Wildlife Habitat Incentives Program 
(WHIP) (16 U.S.C 3836a);
    (11) The technical merits of proposals submitted for the Farmland 
Protection Program (16 U.S.C. 3830);
    (12) The development of a Wetland Reserve Program (WRP) (16 U.S.C. 
3837) wetland restoration plan;
    (13) Statewide program guidelines applicable to WRP easement 
compensation, restoration planning, priority ranking, and related 
policy matters, 7 CFR part 1467;
    (14) Identification of any categories of wetland 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.
    (15) Conservation techniques and measures related to achieving 
environmental justice needs; and
    (16) Types or classes of wetland that are not eligible for 
mitigation exemption under the Wetland Conservation provisions of 7 CFR 
part 12.
    (d) The implementing agency reserves the authority to accept or 
reject the Committee's recommendations; however, the implementing USDA 
agency shall give strong consideration to the Committee's suggestions.


Sec. 610.25  Specialized subcommittees.

    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. The subcommittee may seek public participation; 
however, it is not required to do so. 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.

    Signed in Washington, DC on July 28, 1999.
Pearlie S. Reed,
Chief, Natural Resources Conservation Service.
[FR Doc. 99-19899 Filed 8-2-99; 8:45 am]
BILLING CODE 3410-16-P