[Federal Register Volume 65, Number 54 (Monday, March 20, 2000)]
[Rules and Regulations]
[Pages 14781-14784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6767]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 65, No. 54 / Monday, March 20, 2000 / Rules
and Regulations
[[Page 14781]]
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
7 CFR Parts 600 and 601
Organization and Functions
AGENCY: Natural Resources Conservation Service, USDA.
ACTION: Final rule.
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SUMMARY: The Natural Resources Conservation Service revises the
information on the organization and functions to reflect changes as a
result of the USDA reorganization and the agency's headquarters
reorganization.
EFFECTIVE DATE: January 31, 2000.
FOR FURTHER INFORMATION CONTACT: Mary Cressel, 202-690-0547.
SUPPLEMENTARY INFORMATION: Rulemaking Analyses: EO 12291: Non-major.
Regulatory Flexibility Act: No significant impact.
Paperwork Reduction Act: No significant impact.
National Environmental Policy ACt: Exempt.
List of Subjects in 7 CFR Parts 600 and 601
Functions and organization (Government agencies).
For the reason stated in the preamble, CFR Chapter 7 is amended by
revising Parts 600 and 601 to read as follows.
7 CFR, Chapter VI
SUBCHAPTER A--GENERAL
PART 600--ORGANIZATION
Sec.
600.1 General.
600.2 National headquarters.
600.3 Regional offices.
600.4 State offices.
600.5 Area offices.
600.6 Field offices.
600.7 Specialized field offices.
600.8 Plant materials centers.
600.9 Major land resource area soil survey offices.
Authority: 7 U.S.C. 6962.
Sec. 600.1 General.
(a) The Natural Resources Conservation Service (NRCS) was
authorized by the Federal Crop Insurance Reform and Department of
Agriculture Reorganization Act of 1994 (Pub. L. 103-354, 7 U.S.C. 6901
note) and established by Secretary's Memorandum 1010-1 (2.b.6),
Reorganization of the Department of Agriculture, to provide national
leadership in the conservation, development, and productive use of the
Nation's natural resources. Such leadership encompasses the
conservation of soil, water, air, plant, and animal resources with
consideration of the many human (economic and sociological)
interactions. NRCS is the Federal agency that works with landowners on
private lands to help them conserve their natural resources. NRCS
employees are highly skilled in many scientific and technical
specialties, including soil science, soil conservation, agronomy,
biology, agroecology, range conservation, forestry, engineering,
geology, hydrology, wetlands science, cultural resources, and
economics. NRCS was formerly the Soil Conservation Service (SCS) which
was established by the Soil Conservation Act of 1935 (Pub. L. 74-46, 49
Stat. 163 (16 U.S.C. 590 (a-f))). NRCS has responsibility for three
major areas:
(1) Soil and water conservation;
(2) Natural resource surveys including soil surveys, resources
inventory, snow surveys, and water supply forecasting; and
(3) Community resource protection and management including
watershed projects, river basin studies and investigations, resource
conservation and development areas, land evaluation and site
assessment, and emergency watershed protection. In addition, NRCS has
leadership for the Wetlands Reserve Program, Environmental Quality
Incentives Program, Grazing Lands Conservation Initiative, Farmland
Protection Program, Wildlife Habitat Incentives Program, Forestry
Incentives Program, and Conservation Farm Option. NRCS provides
technical support for the Conservation Reserve Program.
(b) The NRCS organization consists of a National Headquarters
located in Washington, D.C.; six regional offices; 50 state offices and
two equivalent offices in the Caribbean Area and the U.S. Trust
Territories of the Pacific Basin Area; approximately 2,500 field
offices and 300 specialized offices; 26 plant materials centers; 17
major land resource area soil survey offices; nine national centers;
and seven national institutes. A Chief who reports to the USDA Under
Secretary for Natural Resources and Environment heads NRCS.
Sec. 600.2 National headquarters.
(a) Chief. The Chief, with assistance of the Associate Chief, is
responsible for administering a coordinated national program of natural
resource conservation; planning, directing, and coordinating all
program, technical, and administrative activities of NRCS; developing
policies and procedures; correlating NRCS conservation programs with
other agencies; accepting departmental leadership for programs for
other activities assigned by the Secretary of Agriculture; and serving
as Equal Employment Opportunity Officer for NRCS.
(b) Deputy chiefs. Five deputy chiefs assist the Chief as follows:
(1) Deputy Chief for Management. The Deputy Chief for Management is
responsible for policies, guidelines, and standards for management
services, human resources management, financial management, information
technology, administrative support (providing a coordinated
administrative management program for National Headquarters
activities), NRCS outreach, training, and correspondence management.
This deputy chief also is responsible for the activities of three
national centers: business management, information technology, and
employee development.
(2) Deputy Chief for Strategic Planning and Accountability. The
Deputy Chief for Strategic Planning and Accountability is responsible
for policies, guidelines, and standards for strategic and performance
planning, budget planning and analysis, and operations management and
oversight.
(3) Deputy Chief for Programs. The Deputy Chief for Programs is
responsible for policies, guidelines, and standards for conservation
operations,
[[Page 14782]]
resource conservation and community development, watersheds and
wetlands, international programs, conservation compliance activities,
conservation programs funded by the Commodity Credit Corporation, and
animal husbandry and clean water programs.
(4) Deputy Chief for Soil Survey and Resource Assessment. The
Deputy Chief for Soil Survey and Resource Assessment is responsible for
policies, guidelines, and standards for NRCS technical activities, and
provides leadership for soils, resource inventory, and resource
assessment. This deputy chief also is responsible for the activities of
two national centers (soil survey and cartography and geospatial) and
two national institutes (soil quality and natural resources inventory
and analysis).
(5) Deputy Chief for Science and Technology. The Deputy Chief for
Science and Technology is responsible for policies, guidelines, and
standards for the agency, and provides leadership for resource
economics and social sciences, conservation engineering, and ecological
sciences. This deputy chief also is responsible for the activities of
four national centers (water and climate, water management, soil
mechanics, and plant data) and five national institutes (grazing lands
technology, social sciences, watershed science, wetlands science, and
wildlife habitat management). This deputy chief, working closely with
the deputy chiefs for Management and Soil Survey and Resource
Assessment, provides overall direction for the National Science and
Technology Consortium.
(c) National Science and Technology Consortium. The consortium
consists of three divisions, four centers, five technical institutes,
and several cooperating scientists under the Deputy Chief for Science
and Technology; two divisions, two centers, and two technical
institutes under the Deputy Chief for Soil Survey and Resource
Assessment; and one division and three centers under the Deputy Chief
for Management.
(1) Centers. The nine centers provide specific products and
services that maintain and enhance the technical quality of the agency.
The centers are: water and climate, water management, soil mechanics,
plant data, soil survey, cartography and geospatial, information
technology, business management, and employee development.
(2) Institutes. The seven institutes are: soil quality, natural
resources inventory and analysis, grazing lands technology, social
sciences, watershed science, wetlands science, and wildlife habitat
management. The institutes provide training; develop technical
materials; and acquire, develop, and transfer needed technology in
special emphasis areas so field employees can better serve their
customers. The institutes often establish partnerships with other
Federal agencies, universities, and public and private organizations.
(3) Cooperating Scientists. Cooperating scientists work in the
areas of soil erosion and sedimentation, air quality, and agroforestry.
These scientists are located at various universities and research
centers.
(d) Civil Rights. The Civil Rights staffs provide coordination,
assistance, and recommendations to the Chief on civil rights employment
and program compliance issues.
(e) Legislative Affairs. The Legislative Affairs Staff provides
coordination and assistance to the Chief on legislative affairs issues
and activities.
(f) Conservation Communications. The Conservation Communications
Staff is responsible for communications, volunteer programs,
conservation education, and public affairs activities.
(g) Strategic Natural Resource Issues. The Strategic Natural
Resource Issues Staff is responsible for coordinating priority
strategic issues as determined by the Chief.
Sec. 600.3 Regional offices.
Each regional office is under the direction and supervision of a
regional conservationist. Regional offices are responsible for
(1) Providing agency leadership, guidance, coordination, and
partnering for solutions to regional resource issues;
(2) Program implementation, consistency, and accountability;
(3) Region-wide strategic planning, performance measurement, and
operations management;
(4) Administrative operations and support;
(5) Fund integrity and accountability;
(6) Technical quality of work; and
(7) All NRCS activities in the region. Regional offices are located
in Beltsville, Maryland; Atlanta, Georgia; Fort Worth, Texas; Madison,
Wisconsin; Lincoln, Nebraska; and Sacramento, California.
Sec. 600.4 State offices.
Each office is under the direction and supervision of a State
conservationist. Each State conservationist is responsible for NRCS
programs in a State. The Pacific Basin Area Office, under the direction
and supervision of a director, serves the U.S. Trust Territories in
that area. The Caribbean Area Office, under the direction and
supervision of a director, serves the Commonwealth of Puerto Rico and
the U.S. Virgin Islands. Directors of the Pacific Basin and Caribbean
areas have the same responsibility and authority as a State
conservationist. All references to State conservationists in this
chapter include the directors of the Pacific Basin and Caribbean areas.
Sec. 600.5 Area offices.
Each area office is under the direction and supervision of an area
conservationist or assistant State conservationist for field operations
who is responsible for NRCS activities in the geographical area served
by the area office. Usually the geographical area includes multiple
field offices and counties. Many area offices now consist of teams
working on a watershed or other geopolitical basis.
Sec. 600.6 Field offices.
Each field office is under the direction and supervision of a
district conservationist who is responsible for NRCS activities in the
geographical area served by the field office. Usually the geographical
area of a field office includes one or more conservation districts and
one or more counties. Field offices are generally collocated with other
USDA agencies in USDA Service Centers.
Sec. 600.7 Specialized field offices.
Other field offices serve specialized activities, such as watershed
protection and flood reduction projects, construction projects,
resource conservation and development areas, and soil survey
activities. State conservationists designate direction and supervision
of these offices.
Sec. 600.8 Plant materials centers.
Plant materials centers (PMC) assemble and test plant species for
conservation uses. Usually a PMC serves two or more States, and is
under the jurisdiction of the State conservationist where the center is
located. Each PMC is directed and supervised by a manager who is
responsible to a State office specialist/manager as designated by the
State conservationist.
Sec. 600.9 Major land resource area soil survey offices.
The United States is divided into 17 major land resource areas
(MLRA) for the purpose of soil survey production. Major land resource
area soil survey offices (MO) provide the technical leadership,
coordination, and quality assurance for all soil survey project
activities within the respective MLRA. Each MO serves two or more
States (except for the MO in Alaska), and is under the jurisdiction of
the State conservationist where the office is
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located. Each MO is directed and supervised by a leader who is
designated by the State conservationist.
PART 601--FUNCTIONS
Sec.
601.1 Functions assigned.
601.2 Functions reserved to the Secretary of Agriculture.
601.3 Defense responsibilities.
Authority: 7 U.S.C. 1010-1011; 16 U.S.C. 590a-590f, 1001-1008,
2001-2009, 2203-2205, 3801 et seq.; 33 U.S.C. 701b-1.
Sec. 601.1 Functions assigned.
The Natural Resources Conservation Service (NRCS) is the Federal
agency that works with private landowners to conserve their natural
resources. NRCS employees help land users and communities approach
conservation planning and implementation with an understanding of how
natural resources relate to each other and to people--and how human
activities affect those resources. The agency emphasizes voluntary,
science-based assistance, partnerships, and cooperative problem solving
at the community level. The mission of NRCS is to work on the Nation's
non-Federal lands to conserve, improve, and sustain natural resources.
The following functions support the mission.
(a) NRCS facilitates and provides conservation technical assistance
at the local level that helps people assess their natural resource
conditions and needs, set goals, identify programs and other resources
to address those needs, develop proposals and recommendations,
implement solutions, and measure their success. The agency's role is to
assist with:
(1) Resource inventories,
(2) Resource assessments,
(3) Planning assistance, and/or
(4) Technical assistance.
(b) NRCS provides technical assistance through local conservation
districts to land users, communities, watershed groups, Federal and
State agencies, other partners, and customers.
(c) NRCS provides assistance on a voluntary basis.
(d) The agency's work focuses on soil, water, air, plant, and
animal conservation including erosion reduction, water quality
improvement, wetland restoration and protection, fish and wildlife
habitat improvement, range management, stream restoration, water
management, and other natural resource issues.
(e) Through the conservation operations program, NRCS maintains a
cadre of conservationists and interdisciplinary technical experts who
provide landowners with advice and recommendations. Science based
procedures and techniques are based on new knowledge and research
provided by the Agricultural Research Service and others. NRCS
developed and maintains a system of directives--including manuals,
handbooks, and technical references--to institutionalize new methods,
procedures, and standards used to deliver technical assistance at the
field level.
(f) NRCS has general responsibility for administration of the
following programs:
(1) Conservation operations, authorized by the Soil Conservation
Act of 1935 and the Soil and Water Resources Conservation Act of 1977.
Activities include:
(i) Conservation technical assistance to land users, communities,
units of State and local government, and other Federal agencies in
planning and implementing natural resource solutions to reduce erosion,
improve soil and water quantity and quality, improve and conserve
wetlands, enhance fish and wildlife habitat, improve air quality,
improve pasture and range conditions, reduce upstream flooding, and
improve woodlands. Assistance is also provided to implement the highly
erodible land (HEL) and wetland conservation (Swampbuster) provisions
and--on a reimbursable basis--the Wetlands Reserve Program (WRP) and
Conservation Reserve Program (CRP) in the 1985 Food Security Act, as
amended by the Food, Agriculture, Conservation and Trade Act of 1990
and Federal Agriculture Improvement and Reform Act of 1996. NRCS
technical field staff make HEL and wetland determinations and assist
land users to develop and implement conservation plans needed to ensure
compliance with the law. NRCS is also the lead Federal agency for
delineating wetlands on agricultural lands for purposes of implementing
both the provisions of the Food Security Act and Section 404 of the
Clean Water Act.
(ii) Soil surveys that provide the public with local information on
the uses and capabilities of their soil resource. Soil surveys are
based on scientific analysis and classification of the soils and are
used to determine land capabilities and conservation treatment needs.
Surveys are conducted cooperatively with other Federal agencies, land
grant universities, State agencies, and local units of government. NRCS
is the world leader in soil classification and soil mapping, and is
expanding into soil quality.
(iii) Snow survey and water supply forecasts that provide western
States and Alaska with vital information and forecasts of seasonable
variable water supplies. NRCS field staff in cooperation with
partnering organizations manually collect data from 850 remote high
mountain sites. Data is electronically collected from an additional 600
SNOTEL (automated snowpack telemetry network) sites. In cooperation
with the National Weather Service, the data is assembled and analyzed.
Then, NRCS staff develop seasonal water supply forecasts.
(iv) Plant Material Centers that assemble, test, and encourage
increased plant propagation and usefulness of plant species for biomass
production, carbon sequestration, erosion reduction, wetland
restoration, water quality improvement, streambank and riparian area
protection, coastal dune stabilization, and to meet other special
conservation treatment needs. The work is carried out cooperatively
with State and Federal agencies, private organizations, commercial
businesses, and seed and nursery associations. After species are
proven, they are released to the private sector for commercial
production.
(v) National Resources Inventory (NRI) that is a statistically-
based survey designed and implemented using scientific principles to
assess conditions and trends of soil, water, and related resources on
nonfederal lands in the United States. The NRI captures data on land
cover and use, soil erosion, prime farmland, wetlands, habitat
diversity, selected conservation practices, and related attributes at
thousands of scientifically selected sample sites in all 50 states,
Puerto Rico, the U.S. Virgin Islands, and some Pacific Basin locations.
(2) Conservation programs in the Federal Agriculture Improvement
and Reform Act of 1996, most of which are funded by the Commodity
Credit Corporation (CCC). NRCS provides leadership and technical
assistance for the following programs:
(i) Environmental Quality Incentives Program (EQIP). EQIP provides
a single, voluntary conservation program for farmers and ranchers who
face serious threats to soil, water, and related natural resources.
Nationally, it provides technical, financial, and educational
assistance, half of it targeted to livestock-related natural resource
problems and half to more general conservation priorities.
(ii) Wetlands Reserve Program (WRP). WRP is a voluntary program to
restore and protect wetlands on private property. It provides an
opportunity for landowners to receive financial incentives to restore
wetlands in
[[Page 14784]]
exchange for retiring marginal agricultural land.
(iii) Wildlife Habitat Incentives Program (WHIP). WHIP is a
voluntary program for people who want to develop and improve wildlife
habitat on private lands. It provides both technical assistance and
cost sharing to help establish and improve fish and wildlife habitat.
(iv) Farmland Protection Program (FPP). This program provides funds
to help purchase development rights to keep productive farmland in
agricultural use. Working through existing programs, USDA joins with
State, tribal, or local governments to acquire voluntary conservation
easements or other interests from landowners.
(v) Forestry Incentives Program (FIP). FIP supports good forest
management practices on privately owned, non-industrial forest lands
nationwide. FIP is designed to benefit the environment while meeting
future demands for wood products. Although not funded by CCC, Section
373 of the Federal Agriculture Improvement and Reform Act of 1996
extended the program under discretionary appropriations.
(3) Resource Conservation and Development (RC&D) Program,
authorized by Section 102 of the Flood and Agriculture Act of 1962
(Pub. L. 87-702) and Sections 1528-1538 of the Agriculture and Food Act
of 1981 (Pub. L. 97-98). This program is initiated and directed at the
local level by volunteers who involve multiple communities, various
units of government, municipalities, and grassroots organizations. RC&D
is a catalyst for civic-oriented groups to share knowledge and
resources in a collective attempt to solve common problems. The program
offers aid in balancing the environmental, economic, and social needs
of an area.
(4) Rural Abandoned Mine Program (RAMP) and other responsibilities
assigned under the Surface Mining Control and Reclamation Act of 1977
(Pub. L. 95-87). Under RAMP, NRCS provides technical and financial
assistance to landowners to reclaim certain abandoned coal-mined lands.
This assistance can be used to reclaim these lands for approved uses,
which include pasture, range, woodland, cropland, noncommercial
recreation, and wildlife habitat. The program's first priority is to
protect public health, welfare, safety, and property from hazards
caused by past surface coal mining or by surface effects of deep
mining.
(5) Watershed surveys and planning, authorized by the Watershed
Protection and Flood Prevention Act (Pub. L. 83-566, Section 6 (16
U.S.C. 1001-1008)). The 1996 appropriations act combined the Small
Watershed Planning and the River Basin Surveys and Investigations
programs into a new program called the Watershed Surveys and Planning
Program. The program involves cooperation with other Federal, State,
and local agencies to conduct watershed planning, river basin surveys
and investigations, flood hazard analysis, and floodplain management
assistance, which aid in the development of coordinated water resource
programs, including the development of guiding principles and
procedures.
(6) Watershed and flood prevention operations include several
activities. Watershed operations are authorized by the Flood Control
Act of 1944 (Public Law 78-534) and the Watershed Protection and Flood
Prevention Act of 1954 (Public Law 87-566) and amendments; both of
which are addressed by 7 CFR 622. Since 1998, the appropriations act
for the Watershed Protection and Flood Prevention Act (Public Law 83-
566) has included funds, not to exceed a specified amount, that may be
used for Public Law 78-534 projects.
(i) Publc Law 83-566 and Public Law 78-534, jointly called the
Small Watershed Program, authorize the Secretary of Agriculture to
cooperate with State and local agencies to plan and carry out works of
improvement for flood prevention; for the conservation, development,
utilization, and disposal of water; and for the conservation and proper
use of land in watershed or sub-watershed areas. Under Public Law 83-
566, these areas shall not exceed 250,000 acres. There is no acreage
limitation under Public Law 78-534.
(ii) The Small Watershed Program provides for cooperation with
State and other public agencies (called project sponsors) in the
installation of planned works of improvement and land treatment
measures in authorized watershed projects. Eligible measures include
flood prevention, water conservation, recreation, agricultural water
management, floodplain easements, municipal and industrial water, and
rural water supply.
(7) Emergency Watershed Protection (EWP) Program, authorized by
Section 216 of Public Law 81-516, 33 U.S.C. 701b-1, and Section 403 of
the Agriculture Credit Act of 1978 (Public Law 95-334, 16 U.S.C. 2203),
as amended by Section 382 of the Federal Agriculture Improvement and
Reform Act of 1996 (Public Law 104-127, 110 Stat. 888, 1016). EWP
provides assistance to reduce an imminent threat to life and property
caused by a sudden impairment of a watershed from a natural disaster.
Emergency work includes such measures as removing debris from streams,
stabilizing streambanks, repairing levees, critical area stabilization,
and purchasing floodplain easements. Technical and financial assistance
is available to sponsoring local organizations (units of government,
Indian tribes and tribal organizations, and organizations formed by
State law) for this disaster recovery work. Sponsors are required to
provide the local share of the costs; obtain real property rights,
water rights, and permits; and do any needed operation and maintenance.
Sec. 601.2 Functions reserved to the Secretary of Agriculture.
(a) Designation of new Resource Conservation and Development (RC&D)
areas. Once designated, these areas may receive RC&D Program assistance
from NRCS.
(b) Administration of the Soil and Water Resources Conservation Act
of 1977 (Public Law 95-192) to conduct an appraisal and develop a
national conservation program every five years.
Sec. 601.3 Defense responsibilities.
In the event of nuclear attack, NRCS is responsible for providing:
(a) Technical guidance, based upon results of radiological
monitoring and the extent of radiological contamination to farmers,
ranchers, and others relating to:
(1) The selection and use of land for agricultural production.
(2) The harvesting of crops.
(3) The use of crops stored on the farm.
(4) The use, conservation, disposal, and control of water to insure
adequate usable water for agricultural purposes and to prevent floods.
(5) The safety of livestock.
(b) Basic soil information, land use guides, and onsite technical
assistance in selecting land for production and in applying practices
to increase production of food and fiber with maximum efficiency.
Danny D. Sells,
Associate Chief, Natural Resources Conversation.
[FR Doc. 00-6767 Filed 3-17-00; 8:45 am]
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