[Federal Register Volume 66, Number 235 (Thursday, December 6, 2001)]
[Proposed Rules]
[Pages 63339-63341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30213]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 66, No. 235 / Thursday, December 6, 2001 / 
Proposed Rules  

[[Page 63339]]


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

DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1410

RIN 0560-AF77


Conservation Reserve Program--Cropland Eligibility and Private 
Sector Technical Assistance

AGENCY: Commodity Credit Corporation, USDA.

ACTION: Proposed rule.

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

SUMMARY: The Commodity Credit Corporation (CCC) proposes a series of 
amendments to the Conservation Reserve Program (CRP) regulations. These 
proposed amendments would make certain orchard lands, vineyards, berry 
lands, and hay lands eligible for enrollment, provide for acquisition 
of private sector technical assistance, and make minor technical and 
clerical adjustments to the regulations. This action would allow 
producers greater flexibility in enrolling in the CRP, thereby allowing 
CCC greater flexibility in conducting the CRP, and provide enhanced 
environmental benefits under the CRP.

DATES: Comments must be submitted on or before February 4, 2002.

ADDRESSES: All comments concerning these proposed regulations should be 
either addressed to Robert Stephenson, Director, Conservation and 
Environmental Programs Division, USDA/FSA/CEPD/STOP 0513, 1400 
Independence Avenue, SW., Washington, DC 20250-0513 or sent 
electronically to: [email protected].

FOR FURTHER INFORMATION CONTACT: Robert Stephenson, (202) 720-6221.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This proposed rule is issued in conformance with Executive Order 
12866 and has been determined to be significant has been reviewed by 
the Office of Management and Budget (OMB).

Regulatory Flexibility Act

    It has been determined that the Regulatory Flexibility Act is not 
applicable to this rule since the Commodity Credit Corporation (CCC) is 
not required by 5 U.S.C. 553 or any other provision of law to publish a 
notice of proposed rulemaking with respect to the subject matter of 
this rule.

Environmental Evaluation

    It has been determined by an environmental evaluation that this 
action will have no significant impact on the quality of the human 
environment. Therefore, neither an environmental impact assessment nor 
an Environmental Impact Statement is needed.

Executive Order 12988

    This proposed rule has been reviewed in accordance with Executive 
Order 12988. This proposed rule, if adopted, would not be retroactive 
and would not pre-empt State laws. Before any judicial action may be 
taken with respect to the provisions of the proposed rule, if adopted, 
administrative remedies at 7 CFR parts 11 and 780 would have to be 
exhausted.

Executive Order 12372

    This program is not subject to the provisions of Executive Order 
12372, which requires intergovernmental consultation with State and 
local officials. See the notice related to 7 CFR part 3015, subpart V, 
published at 48 FR 29115 (June 24, 1983). Unfunded Mandates
    Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), Pub. L. 
104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under Section 202 of the UMRA, 
agencies generally must prepare a written statement, including a cost-
benefit assessment, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures to State, local, or tribal 
governments, in the aggregate, or the private sector, of $100 million 
or more in any 1 year. When such a statement is needed for a rule, 
section 205 of the UMRA generally requires agencies to identify and 
consider a reasonable number of regulatory alternatives and adopt the 
least costly, more cost-effective or least burdensome alternative that 
achieves the objectives of the rule. This rule contains no Federal 
mandates (under the regulatory provisions of Title II of the UMRA) for 
State, local, and tribal governments or the private sector. Therefore, 
this rule is not subject to the requirements of Sections 202 and 205 of 
the UMRA.

Federal Domestic Assistance Program

    The title and number of the Federal Domestic Assistance Program, as 
found in the Catalog of Federal Domestic Assistance, to which this rule 
applies, is the Conservation Reserve Program--10.069.

Paperwork Reduction Act

    The Office of Management and Budget has approved the information 
collection requirements contained in the current regulations at 7 CFR 
part 1410 under provisions of 44 U.S.C. Chapter 33 and OMB Control 
Number 0560-0125, effective through October 31, 2002.

Background

    The purpose of the Conservation Reserve Program (CRP) is to cost-
effectively assist owners and operators in conserving and improving 
soil, water, and wildlife resources by converting highly erodible and 
other environmentally sensitive acreage normally devoted to the 
production of agricultural commodities to a long-term vegetative cover. 
CRP participants enter into contracts for 10 to 15 years in exchange 
for annual rental payments and cost-share assistance for installing 
certain conservation practices. In determining the amount of annual 
rental payments to be paid, CCC considers, among other things, the 
amount necessary to encourage owners or operators of eligible cropland 
to participate in the CRP. Applicants submit offers in such a manner as 
the Secretary prescribes. The maximum rental payments CCC will pay 
reflect site-based soil productivity, prevailing local cash equivalent 
rental rates, maintenance costs, and other factors. Offers by producers 
who request rental payments greater than the amount CCC is willing to 
pay for their soil type are automatically rejected by CCC. Except for 
the continuous signup process, remaining offers are evaluated for 
possible acceptance based on a comparison of environmental benefits 
indicators with the rental payment cost.

[[Page 63340]]

The continuous signup process does not include an evaluation based on 
environmental benefits indicators because only those practices designed 
to obtain high environmental benefits are eligible to be offered during 
the continuous signup. Acreage determined eligible and suitable to be 
devoted to continuous signup practices by the Secretary is 
automatically accepted in the CRP provided all other eligibility 
requirements are met.

Program Changes

    Proposed changes fall into three general categories: (1) Changes to 
Sec. 1410.6, Eligible Land; (2) permitting CCC to acquire private 
sector technical assistance; and (3) minor editorial, technical, and 
conforming amendments.

Section 1410.6  Eligible Land

    Generally, by statute, CRP land enrolled in the program must be 
cropland, but the rules for the program provide that the crop history 
must generally be a history of production of tillable crops. That 
limitation provides for focusing the CRP on the conversion of land with 
the most intensive uses to a cover crop. Also, this focus emphasizes 
the ``reserve'' nature of the program and can provide a greater amount 
of public benefit by producing savings in other programs as recompense 
for the monies spent on this program. This rule, however, proposes that 
for the continuous sign-ups held for the CRP and for enrollments in the 
Conservation Reserve Enhancement Program (CREP), certain orchard lands, 
vineyards, berry fields, and hay land be permitted to be enrolled. 
These lands can provide significant benefits in those special sign-ups 
which involve special, often narrow (geographically) practices such as 
conservation measures along stream banks where these enrollments may 
even be more beneficial than the enrollment of normal cropland. Such an 
expansion of the eligibility criteria for the program had been 
requested by a number of State governments involved in CREP agreements.

Private Sector Technical Assistance

    Currently, technical assistance for running the CRP is generally 
conducted through the auspices of the Natural Resources Conservation 
Service (NRCS) and a number of decisions which may be needed for the 
CRP are by regulation committed to the NRCS. However, because of 
funding and other considerations it may be necessary for some 
determinations, from time to time, to be made using private contractors 
or other agencies. Accordingly, this rule proposes that some references 
to the NRCS in the regulations be replaced or amended. This change will 
allow greater flexibility in running the program even though no 
fundamental change in program operations is contemplated at this time. 
No changes for the participant are anticipated regarding eligibility or 
paperwork. These adjustments to the regulations are found at 7 CFR 
1410.1(f), 1410.2, 1410.3(b), 1410.6(b)(2)(i), 1410.6(b)(2)(iv), and 
1410.22.

Minor Editorial, Technical, and Conforming Amendments

    CCC further proposes a number of minor amendments for clarity at 
Secs. 1410.4, 1410.20, and 1410.62(f) and to more closely track the CRP 
legislation. These modifications involve: (1) Adding a specific 
reference to the statutory requirement that allowing greater than a 
certain maximum level of CRP participation in a county requires a 
finding that producers are having trouble complying with conservation 
plans; (2) changing the limit on how much land one farm can have in 
both the CRP and in the Production Flexibility Program to that based on 
the amount of the farm's ``agricultural use'' land rather than the 
farm's ``cropland''; and (3) specifying that only that land which was 
``cropland'' at the start of the contract will be treated as 
``cropland'' during the duration of the contract. Also, Sec. 1410.1(g), 
which currently provides for the development by State FSA committees of 
State-specific evaluation processes to rank acreage, is removed because 
no State FSA committee has developed a State-specific evaluation 
process for bid acceptance for over 2 years.

List of Subjects in 7 CFR Part 1410

    Administrative practices and procedures, Agriculture, Conservation 
plan, Natural resources, Technical assistance.

    For reasons set out in the preamble, 7 CFR part 1410 is proposed to 
be amended as follows:

PART 1410--CONSERVATION RESERVE PROGRAM

    1. The authority citation for 7 CFR part 1410 continues to reads as 
follows:

    Authority: 15 U.S.C. 714b and 714c; 16 U.S.C. 3801-3847.

    2. In Sec. 1410.1:
    a. Paragraphs (a) and (f) are revised;
    b. Paragraph (g) is removed; and
    c. Paragraphs (h) through (k) are redesignated as paragraphs (g) 
through (j).
    The revisions read as follows:


Sec. 1410.1  Administration.

    (a) The regulations in this part will be administered under the 
general supervision and direction of the Executive Vice President, 
Commodity Credit Corporation (CCC), through the Deputy Administrator 
for Farm Programs (Deputy Administrator) of the Farm Service Agency 
(FSA). In the field, the regulations in this part will be administered 
by the State and county FSA committees (``State committees'' and 
``county committees'', respectively). Further, CCC may enter into 
agreements to perform technical assistance with the private sector; 
however, national level concurrence between FSA and the Natural 
Resource Conservation Service (NRCS) or Forest Service (FS), as 
appropriate, is required for CCC to acquire private sector technical 
assistance, except when NRCS or FS cannot provide technical assistance 
due to funding or other restrictions. Further, private sector costs 
should be comparable when practicable, to the cost of technical 
assistance provided by NRCS and FS.
* * * * *
    (f) Notwithstanding other provisions of the preceding paragraphs of 
this section, the Erosion Index (EI), suitability of land for permanent 
vegetative or water cover, factors for determining the likelihood of 
improved water quality, and adequacy of the planned practice to achieve 
desired objectives shall be determined by the Natural Resource 
Conservation Service (NRCS), or any other technical authority approved 
by CCC. Any CCC-approved technical authority shall utilize the NRCS 
Field Office Technical Guide (FOTG), or other CRP guidelines 
established by CCC.
* * * * *
    3. In Sec. 1410.2, the definition of technical assistance is 
revised to read as follows:


Sec. 1410.2  Definitions.

* * * * *
    Technical assistance means the assistance provided in connection 
with the CRP to owners or operators by NRCS, FS, or another source as 
approved by CCC in developing conservation plans, determining the 
eligibility of land and practices, and implementing and certifying 
conservation practices, and forestry issues.
* * * * *
    4. Section 1410.3 paragraph (b) is revised to read as follows:


Sec. 1410.3  General description.

* * * * *

[[Page 63341]]

    (b) A participant must obtain a conservation plan prepared in 
accordance with NRCS planning policy for eligible acreage, available in 
the National Conservation Planning Handbook and the General Manual at 
the Natural Resource Conservation Service State offices and field 
offices.
* * * * *
    5. Section 1410.4 is revised to read as follows:


Sec. 1410.4  Maximum county acreage.

    (a) Except as provided in paragraph (b) of this section, the 
maximum acreage which may be placed in the CRP and the WRP may not 
exceed 25 percent of the total cropland in the county; further, no more 
than 10 percent of the cropland in the county may be subject, in the 
aggregate, to a CRP or WRP easement;
    (b) The restrictions in paragraph (a) of this section may be waived 
if CCC determines that such action would not adversely affect the local 
economy of the county, and also that operators in the county are having 
difficulties complying with conservation plans directed under part 12 
of this title;
    (c) These restrictions on participation shall be in addition to any 
other restriction imposed by law.
    6. In Sec. 1410.6, revise paragraphs (a)(2)(ii), (b)(2)(i) 
introductory text, (b)(2)(iv), (b)(4), (b)(8) and (b)(9) and add a new 
paragraph (b)(12) to read as follows:


Sec. 1410.6  Eligible land.

    (a) * * *
    (2) * * *
    (ii) As determined by CCC, is or will be planted to trees, and such 
other woody and non-woody vegetation as appropriate, for water quality 
purposes in or near riparian areas or in other areas where, as 
determined by CCC in accordance with the FOTG, the same or similar 
water quality enhancement benefits will be obtained; or
* * * * *
    (b) * * *
    (2)(i) Be a field which has evidence of scour erosion caused by 
out-of-bank flows of water, as determined by CCC in accordance with the 
FOTG. In addition such land must:
* * * * *
    (iv) Be planted to an appropriate tree species, unless tree 
planting is determined by CCC to be inappropriate under provisions of 
the FOTG, in which case the eligible cropland shall be devoted to 
another acceptable permanent vegetative cover identified as appropriate 
in the FOTG; or
* * * * *
    (4) Be devoted to certain covers, which are established and 
maintained in accordance with the FOTG and other guidelines approved by 
CCC provided such acreage is not required to be maintained as such 
under any life span obligations; or
* * * * *
    (8) Be within a public wellhead protection area or in an approved 
Hydrologic Unit Area as determined by the NRCS or other delegatee as 
determined by NRCS;
    (9) Be within a designated conservation priority area as determined 
by CCC; or
* * * * *
    (12) is cropland devoted to orchard lands, vineyards, berry land, 
or hay lands, as determined by CCC, but will only be eligible for 
continuous signup practices authorized by Sec. 1410.30 or practices 
authorized by Sec. 1410.50(b).
* * * * *
    7. Section 1410.20, paragraph (a)(4)(ii), is revised to read as 
follows:


Sec. 1410.20  Obligations of participant.

    (a) * * *
    (4) * * *
    (ii) Reduce production flexibility contract acres enrolled under 
part 1412 of this chapter or CRP acres enrolled under this part so that 
the total of such acres does not exceed the total agricultural use land 
on the farm;
* * * * *
    8. Section 1410.22 paragraphs (a) and (e) are revised to read as 
follows:


Sec. 1410.22  Conservation plan.

    (a) The applicant shall obtain a conservation plan which is 
developed in accordance with NRCS conservation planning policy and is 
approved by the conservation district for the land to be entered in the 
CRP. If the conservation district declines to review the conservation 
plan, such approval may be waived by CCC.
* * * * *
    (e) All conservation plans and revisions of such plans shall be 
made in accordance with the NRCS conservation planning policy and be 
subject to the approval of CCC.
    9. Section 1410.62, paragraph (f), is revised to read as follows:


Sec. 1410.62  Miscellaneous.

* * * * *
    (f) Cropland enrolled in CRP shall be classified as cropland for 
the time period enrolled in CRP and, after the time period of 
enrollment, may be removed from such classification upon a 
determination by the county committee that such land no longer meets 
the conditions identified in part 718 of this title.
* * * * *

    Signed at Washington, D.C., on November 29, 2001.
James R. Little,
Executive Vice President, Commodity Credit Corporation.
[FR Doc. 01-30213 Filed 12-5-01; 8:45 am]
BILLING CODE 3410-05-P