[Federal Register Volume 65, Number 204 (Friday, October 20, 2000)]
[Notices]
[Pages 63052-63054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27046]


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DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation


Opportunity To Submit Application To Conduct Pilot Project for 
Harvesting of Biomass From Land Enrolled in the Conservation Reserve 
Program To Be Used for Energy Production

AGENCY: Commodity Credit Corporation, USDA.

ACTION: Notice of opportunity to submit application.

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SUMMARY: Up to six pilot projects, no more than one of which may be in 
any State, may be authorized for the harvest of biomass from land 
enrolled in the Conservation Reserve Program (CRP) to be used for 
energy production. Applications for conducting pilot projects of the 
harvest of biomass from land enrolled in the CRP for energy production 
may be submitted to the Commodity Credit Corporation.

DATES: Applications must be postmarked on or before December 19, 2000.

ADDRESSES: Applications will be accepted by the Farm Service Agency 
(FSA) State Executive Director in the respective State in which the 
pilot project is proposed to be conducted. State FSA office addresses 
are provided in Exhibit 1.

FOR FURTHER INFORMATION CONTACT: Beverly Preston, Agricultural Program 
Specialist, Conservation Programs Branch, Conservation and 
Environmental Programs Division, FSA, at (202) 720-9563.

SUPPLEMENTARY INFORMATION:

General Provisions

    Section 769 of the Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Act, 2000 (Pub. L. 106-78), 
amended Section 1232(a)(7) of the Food Security Act of 1985 to provide 
new authority to use Conservation Reserve Program land for pilot 
biomass projects. Specifically, Section 769 provided that the Secretary 
shall approve not more than six projects, no more than one of which may 
be in any State, under which land subject to the contracts may be 
harvested for recovery for biomass used in energy production if: (i) No 
acreage subject to the contract is harvested more than once every other 
year and (ii) not more than 25 percent of the total acreage enrolled in 
the program in any crop reporting district (as designated by the 
Secretary) is harvested in any 1 year. The statute specified that no 
portion of the crop on the pilot land could be used for any commercial 
purpose other than energy production from biomass, and instructed the 
Secretary that this allowance would not include the harvesting of any 
wetland, or any acreage of any type enrolled in a partial field 
conservation practice (including riparian forest buffers, filter 
strips, and buffer strips). It was also specified in the statute that 
the owner or operator must agree to a CRP payment reduction in an 
amount determined by the Secretary, and that the total acres for all of 
the projects could not exceed 250,000 acres.
    This notice sets out the terms under which pilot projects will be 
considered and the questions that must be answered on the application 
so that a considered choice may be made in choosing which projects to 
approve. The conditions set on the application process, as set forth in 
this notice, generally follow the terms of the statute.

[[Page 63053]]

However, as set forth in this notice, it is proposed here that 
individual pilot projects will not generally be approved if they exceed 
50,000 acres. This limit would allow for a diversity of projects to be 
approved and thus encourage the benefits of the pilot project. Also, 
this notice specifies that land which is committed to certain CRP 
practices cannot, generally, be included in the pilot project, as in 
certain cases the loss of conservation benefits would be too great. 
Finally, as specified in this notice, pilot projects will not be 
approved except upon the understanding, as set forth in this notice, 
that the individual CRP participants participating in the project 
agreed to a 25 percent reduction of the annual rental payment they 
would normally receive in the CRP for each year in which the acreage is 
harvested; this reduction is designed to offset any loss in 
conservation benefits which the CCC might otherwise have received under 
the participant's original CRP contract, and also reflects anticipated 
financial benefits which the participants in any pilot programs may 
realize as a result of such harvesting. While the terms of the program 
as outlined here reflect the current view of the agency as to how the 
program should operate and the limitations which should apply, members 
of the public are free in their submissions to suggest that the 
limitations, to the extent that they are not statutory, should not 
apply or, for that matter, that other limitations should apply.
    Regulatory Authority: The CRP is administered under the regulations 
at 7 CFR part 1410.
    Acreage Limitation: Pilot projects approved under this authority 
may not exceed, in the aggregate, 250,000 acres, and an individual 
pilot project may not exceed 50,000 acres, unless approved by CCC.
    Length of Pilot Project: Pilot projects must be conducted for a 
minimum period of 10 years.
    Eligible Land: All land enrolled in the CRP, subject to other 
restrictions outlined here, is eligible to be included in a pilot 
project except for land: devoted to field windbreaks, waterways, 
shallow water areas for wildlife, contour grass strips, shelter belts, 
living snow fences, permanent vegetation to reduce salinity, salt 
tolerant vegetative cover, filter strips, riparian buffers, wetland 
restoration, and cross wind trap strips; within an approved public 
wellhead protection area not to exceed a radius of 2,000 feet from an 
approved public wellhead; with an erodibility index of more than 15; 
within 1,000 feet of a stream or other waterbody; or, considered a 
wetland under 7 CFR part 12.
    Biomass Harvest Provisions: Not more than 25 percent of the total 
acreage enrolled in the CRP in any National Agricultural Statistics 
Service (NASS) Crop Reporting District may be harvested using this 
pilot project authority in any 1 year. NASS Crop Reporting Districts 
are attached as Exhibit 2.
    No portion of the harvested crop may be used for any purpose other 
than energy production from biomass. Participants are responsible for 
the restoration, at their own expense, of any cover damaged by 
harvesting, including reseeding if necessary.
    Payment Reduction During Harvest: To be approved for this pilot 
project, CRP participants must agree to a reduction in the CRP annual 
rental payment equal to 25 percent of the annual rental payment for 
each year in which the acreage is harvested.

Definitions

    The following definitions are applicable to applications to conduct 
a pilot project for the harvest of biomass from land enrolled in the 
CRP to be used for energy production:
    Biomass means any eligible vegetative cover that is an approved 
cover for use in the Conservation Reserve Program.
    Crop reporting district means those areas defined as NASS Crop 
Reporting Districts.
    Harvest means the cutting of the biomass cover regardless of 
removal or use.

Required Application Information

    Applications for pilot projects must be submitted to the State 
Executive Director of the State FSA office where the proposed pilot 
project is to be conducted and must provide, at a minimum, all of the 
following information:

Proposed Pilot Project General Information

    1. Name.
    2. Location (State and county or counties).
    3. Size (total acres) and extent including map.
    4. Physical features including soil, geology, plant, and animal 
resources.
    5. Distance to biomass facility.

Biomass Facility Information

    6. Name.
    7. Location.
    8. Logistical issues (roads, bridges, etc.).

Project Area Description

    9. The specific type(s) and variety of cover proposed to be 
harvested.
    10. Assurances to ensure that all harvesting limitations will not 
be exceeded.
    11. Assurances that the cover will be reseeded, if applicable, 
after harvest.
    12. How the harvested material will be transported to the energy 
production facility.
    13. An estimate of the time needed from planting of biomass cover 
to first harvest to the use of harvested material as energy production.
    14. A detailed statement of all budgetary outlays for each proposed 
project.
    15. A detailed statement of the expected results of the project.
    16. An environmental, social, economic, and environmental justice 
analysis of the impact of the planting and harvesting and proposed use 
of the biomass material on erosion control, wildlife and wildlife 
habitat, water quality, and air quality.
    17. How the applicant will provide for protection of cultural 
resources present on the acreage in the project area.
    18. A list of all environmental permits needed to conduct the 
proposed project and how and when the permits will be obtained.
    19. A detailed statement of the goals, including expected 
completion dates, of the project.
    20. A detailed statement outlining the monitoring process of the 
project, including who will conduct the monitoring process.
    21. An analysis of the impact the project may have on regional and 
local economies, including if the producer participating in the project 
will receive any compensation, monetary or otherwise, from the 
harvested biomass.
    22. A description of what, if any, public input or comments were 
elicited or obtained regarding the proposed project.

Energy Use Information

    23. The type of energy proposed to be produced from the biomass.
    24. How the biomass will be used for energy production, including a 
comparative analysis of the current energy source and proposed biomass 
energy source.
    25. How and when (time of year) the biomass is proposed to 
harvested.
    26. An estimate of the amount of material that must be harvested to 
meet the pilot project(s) goals.


[[Page 63054]]


    Signed at Washington, D.C., on October 12, 2000.
Parks Shackelford,
Executive Vice President, Commodity Credit Corporation.

Exhibit 1

State FSA Office Addresses

Alabama State FSA Office, 4121 Carmichael Road, Suite 600, Montgomery, 
AL 36106-2872
Alaska State FSA Office, 800 West Evergreen, Suite 216, Palmer, AK 
99645-6389
Arizona State FSA Office, 77 East Thomas Road, Suite 240, Phoenix, AZ 
85012-3318
Arkansas State FSA Office, Federal Building, Room 3416, 700 West 
Capitol, Little Rock, AR 72201-3225
California State FSA Office, 430 G Street # 4161, Davis, CA 95616
Colorado State FSA Office, 655 Parfet St., Suite E-305, Lakewood, CO 
80215-5517
Connecticut State FSA Office, 88 Day Hill Road, Windsor, CT 06095
Delaware State FSA Office, 1201 College Park Drive, Suite 101, Dover, 
DE 19904-8713
Florida State FSA Office, 4440 N.W. 25th Pl., Suite 1, Gainesville, FL 
32606
Georgia State FSA Office, Federal Building, Room 102, 355 East Hancock 
Ave., Athens, GA 30603-1907
Hawaii State FSA Office, 300 Ala Moana Blvd., Room 5-112, P.O. Box 
50008, Honolulu, HI 96850
Idaho State FSA Office, 9173 W. Barnes, Suite B, Boise, ID 83709-1555
Illinois State FSA Office, 3500 Wabash, P.O. Box 19273, Springfield, IL 
62794-9273
Indiana State FSA Office, 5981 Lakeside Blvd., Indianapolis, IN 46278
Iowa State FSA Office, 10500 Buena Vista Court, Des Moines, IA 50322
Kansas State FSA Office, 3600 Anderson Ave., Manhattan, KS 66503-2511
Kentucky State FSA Office, 771 Corporate Dr., Suite 100, Lexington, KY 
40503-5478
Louisiana State FSA Office, 3737 Government Street, Alexandria, LA 
71302-3395
Maine State FSA Office, 967 Illinois Ave., Bangor, ME 04401
Maryland State FSA Office, 8335 Guilford Rd., Suite E, Columbia, MD 
21046
Massachusetts State FSA Office, 445 West Street, Amherst, MA 01002-2994
Michigan State FSA Office, 3001 Coolidge Rd., Suite 350, East Lansing, 
MI 48823-6321
Minnesota State FSA Office, 375 Jackson Street, Suite 400, St. Paul, MN 
55101-1852
Mississippi State FSA Office, 6310 I-55 North, Jackson, MS 39211
Missouri State FSA Office, Suite 225, Parkade Plaza, 601 Bus. Loop 70 
West, Columbia, MO 65203
Montana State FSA Office, 10 East Babcock Street, P.O. Box 670, 
Bozeman, MT 59771-0670
Nebraska State FSA Office, 7131 A Street, Lincoln, NE 68501-7975
Nevada State FSA Office, 1755 E. Plumb Lane, Suite 202, Reno, NV 89502
New Hampshire State FSA Office, 22 Bride St., 4th Floor, Concord, NH 
03301-4987
New Jersey State FSA Office, Mastoris Professional Plaza, 163 Rt. 130, 
Bldg. 2, Suite E, Bordentown, NJ 08505-2249
New Mexico State FSA Office, 6200 Jefferson St., NE, Room 211, 
Albuquerque, NM 87109
New York State FSA Office, 441 S. Saline St., Suite, 356, 5th Floor, 
Syracuse, NY 13202-2455
North Carolina State FSA Office, 4407 Bland Road, Suite 175, Raleigh, 
NC 27609-6296
North Dakota State FSA Office, 1025 28th St., SW, Fargo, ND 58103
Ohio State FSA Office, 540 Federal Building, 200 N. High Street, 
Columbus, OH 43215
Oklahoma State FSA Office, 100 USDA, Suite 102, Farm Rd. & McFarland 
St., Stillwater, OK 74074-2653
Oregon State FSA Office, 7620 S.W. Mohawk, Tualatin, OR 97062-8121
Pennsylvania State FSA Office, One Credit Union Place, Suite 320, 
Harrisburg, PA 17110-2994
Puerto Rico FSA Office, Cobian's Plaza Building--Rm. 301, 1607 Ponce de 
Leon Ave., Santurce, Puerto Rico 00909-1815
Rhode Island State FSA Office, 60 Quaker Lane, Suite 40, Warwick, RI 
02886-0111
South Carolina State FSA Office, 1927 Thurmond Mall, Suite 100, 
Columbia, SC 29201-2375
South Dakota State FSA Office, 200 Fourth St., SW, Room 308, Huron, SD 
57350-2478
Tennessee State FSA Office, 579 U.S. Courthouse, 801 Broadway, 
Nashville, TN 37203-3816
Texas State FSA Office, 2405 Texas Ave. South, College Station, TX 
77840
Utah State FSA Office, P.O. Box 11350, 125 South State Street., 346 
Shelburne St., Salt Lake City, UT 84147-0350
Vermont State FSA Office, Executive Square Office Bldg., Rm. 4329, 
Burlington, VT 05401-4995

[FR Doc. 00-27046 Filed 10-19-00; 8:45 am]
BILLING CODE 3410-05-P