[Federal Register Volume 66, Number 126 (Friday, June 29, 2001)]
[Proposed Rules]
[Pages 34584-34587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15949]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

7 CFR Part 610

RIN: 0578-AA29


Conservation of Private Grazing Land

AGENCY: Natural Resources Conservation Service, USDA.

ACTION: Proposed rule with request for comments.

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SUMMARY: Subtitle H, Section 386 of the Federal Agriculture Improvement 
and Reform Act (FAIRA) of 1996 authorizes the Secretary to provide a 
coordinated technical, educational, and related assistance program to 
conserve and enhance private grazing land resources. The proposed rule 
sets forth a policy to implement amend the conservation technical 
assistance regulations as they relate to private grazing land 
conservation assistance.

DATES: Comments must be received by August 28, 2001.

ADDRESSES: Send comments by mail to Conservation Operations Division, 
NRCS, P.O. Box 2890, Washington, DC 20013-2890 or by e-mail: 
[email protected]; attn: Conservation of Private Grazing Land. 
This rule may also be accessed via Internet. Users can access the NRCS 
Federal Register homepage and submit comments to the website http://www.nrcs.usda.gov. From the menu, select ``Farm Bill.''

FOR FURTHER INFORMATION CONTACT: Mark W. Berkland, Director, 
Conservation Operations Division, NRCS, P.O. Box 2890, Washington, D.C. 
20013-2890; telephone: (202) 720-1845; fax: (202) 720-4265; submit e-
mail: [email protected], Attention: Conservation of Private 
Grazing Land.

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, NRCS conducted an 
economic analysis of the potential impacts associated with this 
proposed rule. Copies of this economic analysis may be obtained from 
Mitch Flanagan, Conservation Operations Division, NRCS; telephone: 
(202) 690-5988; fax (202) 720-4265; e-mail: [email protected], 
Attention: Conservation of Private Grazing Land.

Regulatory Flexibility Act

    Therefore, the Regulatory Flexibility Act is not applicable to this 
proposed rule. The Department of Agriculture (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.

National Environmental Policy Act

    The Conservation of Private Grazing Land (CPGL) program does not 
consist of financial assistance nor does it provide NRCS with the 
authority or opportunity to control the actions of private landowners 
and managers. The CPGL program provides NRCS with the authority to make 
recommendations to landowners and managers about techniques to improve 
the quality of their grazing lands. The landowners and managers are 
responsible for determining which actions to take. There is no specific 
Federal action that would affect the human environment; therefore, 
there is no basis on which to conduct a meaningful analysis of 
environmental effects. In addition, neither the CPGL Program, nor this 
regulation, result in any irretrievable commitment of resources.

Paperwork Reduction Act

    No substantive changes have been made to this rule which will 
affect the record-keeping requirements and estimated burdens previously 
reviewed and approved under OMB control number 0578-0013.

Unfunded Mandates Reform Act of 1995

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995, 
Pub. L.

[[Page 34585]]

104-4, the effects of this rulemaking action on State, local, and 
tribal governments have been assessed. The action does not compel with 
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'' under Section 
304 of the Department of Agriculture Reorganization Act of 1994, Pub. 
L. 103-354. Therefore, a risk assessment is not required.

Purpose and Scope

    Subtitle H, Section 386 of the FAIRA of 1996, 16 U.S.C. 2005b, sets 
forth policy and authority by providing assistance with the 
conservation of private grazing land. This proposed rule sets forth 
policy for NRCS to implement the new authority. Once this rule is 
final, NRCS will use existing funding, and/or any additional funds 
available, to provide assistance to grazing land owners for activities 
authorized by the FAIRA.
    NRCS's CPGL program will expand the agency's long-standing 
technical assistance program. It states in 7 CFR part 610 that the NRCS 
mission promotes the quality of all agricultural lands. The lands 
included are grazing land, pastureland, rangeland, forestland, and 
cropland. Consequently, 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.
    Private grazing land constitutes nearly one-half of the non-Federal 
land of the United States. This land is basic to the environmental, 
social, and economic stability of rural areas. Private grazing land 
includes private, State-owned, tribally owned, and any other non-
Federally owned land managed to produce livestock and/or wildlife. 
Grazing land is found in every State and constitutes the single largest 
watershed cover type in the United States. Healthy grazing land is the 
foundation of many communities and is a cornerstone of environmental 
quality and the core of healthy communities. Grazing land contributes 
significantly to the quality and quantity of water in the watershed.
    Nearly 70 percent of the United States, excluding Alaska, holds 
private ownership. Almost 50 percent are in agricultural lands. The 
responsibility for stewardship of these lands lies in the hands of 
about 4.7 million individuals. Over 25 percent of these individuals own 
or manage grazing land. Thus, the care of 50 percent of the United 
States is provided by less than two percent of U.S. citizens. NRCS is 
currently providing annual technical assistance to approximately 45,000 
grazing landowners and managers.
    The use of technical assistance is voluntary. The assistance will 
allow grazing landowners and managers to implement their conservation 
planning decisions on private grazing land to maintain and improve 
grazing land resources.
    NRCS's long-standing technical assistance program also provides 
assistance to private grazing landowners and managers in relation to 
soil and water conservation issues. NRCS also provides assistance to 
individuals pertaining to other resource concerns such as sustaining 
forage and grazing plants, conserving and improving wildlife habitat, 
improving and conserving fish habitat and the aquatic system. 
Nevertheless, this assistance is available under the auspices of soil 
and water conservation. Under the original authority, NRCS was only 
authorized to provide assistance to individuals pertaining to soil and 
water conservation.
    The conservation agenda continues to expand as a result of greater 
scientific understanding of ecosystems. The agenda also expands the 
increasing number of policy actions, as well as Federal, State, and 
local laws and policies on environmental quality. These policy actions 
place new requirements on landowners and land users, thus increasing 
the demand for conservation technical assistance. Many of today's 
grazing landowners have difficulty staying abreast of environmental 
regulations, in addition to the new and emerging technologies impacting 
grazing land resources. Due to the complexity of resource issues 
surrounding grazing lands and the large landmass they manage, many 
private individuals prefer conservation technical assistance. Each of 
the grazing landowner's and manager's actions are important because 
they affect a particular piece of land. They also affect neighboring 
lands as well as the health of the larger ecosystems and watersheds in 
which they occur.
    Since 1935, NRCS has provided technical assistance to landowners 
and managers to address soil erosion and water quality problems, 
including owners and managers of pasture and rangeland. Section 386 of 
FAIRA expands current technical assistance authorities to include:
     Using and improving energy-efficient ways to produce food 
and fiber;
     Improving the dependability and consistency in water 
supplies;
     Improving and conserving fish habitat and aquatic systems;
     Protecting and improving water quality;
     Conserving and improving habitat for wildlife;
     Sustaining forage and grazing plants;
     Using plants to sequester greenhouse gases;
     Enhancing recreational activities;
     Maintaining or reducing weed, noxious weed, and brush 
encroachment;
     Enhancing long-term economic opportunities;
     Providing opportunities for improved nutrient management 
from the land application of animal manure and other byproduct nutrient 
sources;
     Improving the quality of animals produced on these lands; 
and
     Producing food and fiber from lands that will not support 
cultivated crop production.
    Technical assistance in the past has provided assistance for these 
authorities when the primary purpose was for addressing soil and water 
conservation issues. With this rule, technical assistance will be 
provided to individuals when soil and water conservation issues are not 
the primary resource concern. However, in applying this authority, 
conservation technical assistance is available for wildlife habitat 
improvement, animal health, forage quality improvement, air quality 
improvement, and other natural resource issues beyond soil and water 
conservation. Congress authorized assistance for these additional 
purposes by realizing that there are competing demands on private land 
grazing resources. Therefore, these lands can be enhanced by offering 
technical assistance to individuals, which will provide benefits to all 
citizens of the United States.
    There are approximately 280 million acres of rangeland and 75 
million acres of pastureland in need of conservation treatment. It is 
estimated that 17 percent of all of these acres have soil-related and 
water-related resource concerns that could be addressed by NRCS's 
existing technical assistance program. This leaves 83 percent (for a 
total of 355 million acres) in need of conservation treatment not 
directly related to soil and water conservation. There are resource 
concerns related to grazing management, farmland protection, wetlands 
and wildlife issues, air quality, livestock management, nutrient and 
pesticide management, and other

[[Page 34586]]

resource concerns. Thus, NRCS has the authority to provide technical 
assistance to private grazing landowners and managers to address all 
resource concerns beyond soil and water conservation.
    What happens on the land remains critical to economic and 
environmental well being, even if we never set foot on grazing land. 
Grazing land produces much of our food and water supplies and provides 
wildlife habitat and allows many recreational opportunities. There are 
many types of products derived from animals that are raised on grazing 
lands. Household products include furniture, clothes, soap, insulation, 
deodorants, and paints. Pharmaceutical products include blood plasma 
and medical sutures. Manufacturing products include hydraulic fluid, 
airplane lubricants, machine oils, car polish, and textiles.

Technical Assistance Furnished

    NRCS provides technical assistance to land users and others who are 
responsible for making decisions related to land use, conservation 
treatment, and resource management. Technical assistance furnished by 
NRCS consists of program assistance, planning assistance, the 
application of conservation practices, and assistance in the technical 
phases of USDA cost-share programs.
    NRCS will work with the local conservation district to prioritize a 
request to ensure that technical assistance is provided in a fair and 
equitable manner.
    Planning assistance includes the evaluation and inventory of soil, 
water, animal, plant, air, and other resource data needed for land use, 
environmental, and conservation treatment decisions. NRCS assists land 
users in developing conservation plans for farms, ranches, and other 
land units. The land user's decisions are recorded in the plan based on 
their conservation objectives. These plans document an orderly 
installation of conservation practices, which ultimately make up a 
conservation system.
    Application assistance is provided to help land users apply and 
maintain planned conservation work. NRCS assistance for applying the 
conservation practices and systems may include:
     Design, layout, and evaluation of conservation practices;
     Development of management alternatives and cultural 
practices needed to establish and maintain vegetation; and
     Other conservation practices needed to protect or enhance 
natural resources.
    NRCS may provide assistance on the following:
     Maintaining and improving private grazing land and 
multiple value which depend upon private grazing land. For example, a 
grazing management plan would be beneficial to domestic livestock, in 
providing additional ground cover to reduce water runoff and increase 
water infiltration. Thus reducing the risk of flooding.
     Ensuring the long-term sustainability of private grazing 
land resources. The cyclical economic patterns in the grazing industry 
affect how intensively grazing land resources are used. The Nutrition 
Balance Analyzer is a technology design used in order to help managers 
make effective decisions about nutrition management of their livestock. 
It is estimated that a manager saves from $10-$32 per animal by 
improving the production efficiency from use of this technology;
     Implementing new grazing land management technologies. 
Technologies impacting grazing land, as in other industries, are always 
changing. Technical assistance provided to an individual assist in 
identifying and implementing new technologies to help improve the 
environmental, economic, and/or social challenges of the private 
grazing landowner or manager. These new and improved technologies may 
include new fencing materials, livestock watering facilities, chemicals 
to control invasive weeds, livestock health products, grazing 
management practices, fertilizer technologies, geographic information 
systems, and other computerized decision support systems;
     Managing resources on private grazing land through 
conservation planning, including, but not limited to, grazing 
management, nutrient management, weed and invasive species control, and 
providing recreational opportunities, water quality and quantity, 
aquatic and wildlife habitat, and aesthetics on private grazing land. 
With technical assistance, the producer may adjust management decisions 
as new information becomes available;
     Harvesting, processing, and marketing private grazing land 
resources. Technical assistance may be provided to help an individual 
develop specialty meats, leather, feathers, wool, and mohair products, 
or other products that are nontraditional;
     Identifying opportunities and diversifying private grazing 
land enterprises. Many operations have an opportunity to diversify 
their operation with technical assistance by establishing recreational 
opportunities that include hunting, fishing, kayaking, canoeing, 
hiking, biking, picnicking, camping, bird watching, nature photography, 
or farm and ranch vacations as additional enterprises.
    When an individual implements a management decision as a result of 
technical assistance there is an impact on the natural resources (soil, 
water, plant, animal, and air). The social and economic resources of an 
individual and community are also affected. The interrelationship 
between natural resources and an individual management decisions make 
it difficult to identify all the impacts. Every individual action is 
important, not just because it affects that particular piece of land, 
but because it affects the neighboring land and health of the larger 
ecosystem.
    For example, if a producer decides to implement a practice to 
control brush, it will have an impact on forage production that will 
change the grazing capacity of wildlife and domestic animals. It will 
also impact the nutrient cycle, impact the soil resource, change the 
water cycle, and change the diversity of the plant community. 
Implementing the brush management decision will affect the marketable 
product which will directly impact the individual economic situation, 
as well as impacting the local community.
    The resources, goals, and objectives vary with each individual. 
Technical assistance helps landowners understand the land and the tools 
available to manage their land. Conservation solutions developed and 
implemented based themselves upon the specific resources and needs of 
an individual as a result of technical assistance.
    Private grazing landowners and managers use the technical 
assistance for planning and implementing resource conservation plans on 
grazing land. The objectives of planning grazing lands are to assist 
landowners and managers to understand the basic ecological principles 
of plant/herbivore interaction, management implications to their land 
(soil, water, air, plants, and animals) and develop a plan that meets 
the needs of the resources and management objectives.
    Conservation plans for grazing land include decisions for managing 
the plant community to conserve or enhance the soil, water, air, plant, 
and animal resources. The major objective of grazing land is the design 
and establishment of a grazing management plan. When combining the 
appropriate conservation practices, the plan sustains the resources to 
meet landowners' or managers' objectives. Landowners or managers make 
decisions to implement;

[[Page 34587]]

thus, applying the necessary conservation practices.
    Currently, NRCS has a congressional $18 million earmark in the 
conservation operations budget to address grazing issues. These dollars 
provide technical assistance to private landowners and operators to 
address soil and water conservation issues on grazing land under the 
current authority. Once this rule is finalized, NRCS will use this 
funding, and/or any additional funds, to provide assistance to grazing 
landowners for activities as authorized by FAIRA.

Interdisciplinary and Educational Assistance

    Providing technical assistance to private grazing land is 
challenging due to the complexity of grazing land. NRCS provides a 
multidisciplinary work force, including, but not limited to, range 
management specialists, forage agronomists, grazing land specialists, 
soil scientists, engineers, biologists, economists, technicians, and 
others. These technical specialists have the capability of providing 
technical assistance as a method of integrating ecological, economic, 
and social factors. The assistance also maintains and enhances the 
quality of the environment to meet current and future needs of grazing 
landowners and managers.
    The multidisciplinary NRCS workforce is the strength of the agency. 
Success depends on the technical expertise and ability to work 
effectively with grazing landowners and managers. NRCS strives to keep 
personnel trained in grazing land management, state-of-the-art 
technologies, and new scientific knowledge to ensure they have the 
technical expertise to provide technical assistance to grazing 
landowners and managers.
    NRCS works with the Cooperative State Research, Education, and 
Extension Service; the Agricultural Research Service; universities; and 
others, to provide information and educational activities for owners 
and managers of private grazing land. Activities may include, but are 
not limited to, developing technical publications, conducting 
demonstrations, and conducting tours.
    The economic benefits vary between every individual operation. The 
net financial benefits of increased forage production will vary among 
producers, depending upon the cost of implementing grazing land 
practices. Costs vary from a few dollars to several hundred dollars per 
acre, depending on the individual situation. If minimum adjustments are 
needed, the cost for implementing adjustments will minimize. However, 
if major changes are needed (such as brush control, fence installation, 
fertilizer, and watering facilities), the costs are significantly 
higher. Furthermore, the results vary due to the climatic differences 
and other resource differences between grazing land operations. Gaining 
benefits from proper management may take a few months to several years.
    The agency believes that providing voluntary technical assistance 
to private grazing landowners and operators will also result in public 
benefits. These benefits include an overall improved quality of life 
from reduced soil erosion and sedimentation, improved water quality, 
increased wildlife habitat, and other resource improvements. The 
benefits also include maintaining a productive Nation and provide 
economic stability.

List of Subjects in 7 CFR Part 610

    Soil conservation, Technical assistance, Water resources.

    Accordingly, it is proposed that Part 610, Title 7 of the Code of 
Federal Regulations be amended as follows:

PART 610--TECHNICAL ASSISTANCE

    1. The authority citation for Part 610 continues to read as 
follows:

    Authority: 16 U.S.C. 590a-f, 590q, 2005b, 3861, 3862.

    2. By adding a new Subpart D to read as follows:
Subpart D--Conservation of Private Grazing Land
Sec.
610.31   Purpose and scope.
610.32   Technical assistance furnished.

Subpart D--Conservation of Private Grazing Land


Sec. 610.31  Purpose and scope.

    (a) This subpart sets forth the policies for the Conservation of 
Private Grazing Land (CPGL) program, as authorized by Section 386 of 
the Federal Agriculture Improvement and Reform Act of 1996 (Pub. L. 
104-127, April 4, 1996) 16 U.S.C. 2005b. Under the CPGL program, NRCS 
will provide technical assistance to landowners and managers who 
request that assistance. The purpose of the CPGL program is to provide 
technical assistance to conserve or enhance grazing land resources to 
meet ecological, economic, and social demands of private grazing 
landowners and managers.
    (b) The NRCS Chief may implement the CPGL program in any of the 50 
States, the District of Columbia, Commonwealth of Puerto Rico, Guam, 
the U.S. Virgin Islands, and American Samoa. NRCS provides assistance 
in cooperation with conservation districts or directly to a landowner 
or operator.


Sec. 610.32  Technical assistance furnished.

    (a) The technical assistance to private grazing landowners and 
managers plans and implements resource conservation plans on grazing 
land. The objectives of planning on grazing land are to assist 
landowners and managers to understand the basic ecological principles 
associated with managing their land's resources (soil, water, air, 
plants, and animals). By implementing a plan that meets the needs of 
the resources and their management objectives, these main objectives 
can be met. NRCS may provide assistance, at the request of the private 
grazing landowner or manager by:
    (1) Maintaining and improving private grazing land and the multiple 
value and uses that depend on private grazing land;
    (2) Ensuring the long-term sustainability of private grazing land 
resources;
    (3) Implementing new grazing land management technologies;
    (4) Managing resources on private grazing land through conservation 
planning, including, but not limited to, grazing management, nutrient 
management, weed and invasive species control, recreational 
opportunities, water quality and quantity, aquatic and wildlife 
habitat, and aesthetics on private grazing land;
    (5) Harvesting, processing, and marketing private grazing land 
resources;
    (6) Identifying opportunities and diversifying private grazing land 
enterprises.
    (b) Refer to 7 CFR 610.4 on other items relating to technical 
assistance.
    (c) To receive technical assistance, a landowner or manager may 
contact NRCS or the local conservation district to seek assistance to 
solve identified natural resource problems or opportunities. 
Participation in this program is voluntary.

    Signed in Washington, DC, on June 18, 2001.
Pearlie S. Reed,
Chief, Natural Resources Conservation Service.
[FR Doc. 01-15949 Filed 6-28-01; 8:45 am]
BILLING CODE 3410-16-P