[Federal Register Volume 67, Number 30 (Wednesday, February 13, 2002)]
[Notices]
[Pages 6674-6675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3501]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 67, No. 30 / Wednesday, February 13, 2002 / 
Notices  

[[Page 6674]]



DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

Farm Service Agency


Financial Assistance To Promote Water Conservation in the Yakima 
Basin

AGENCY: Commodity Credit Corporation, (CCC), Farm Service Agency, USDA.

ACTION: Notice of Intent to make monies available to promote water 
Conservation in the Yakima Basin.

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SUMMARY: Section 2107 of the Supplemental Appropriations Act, 2001, 
Pub. L. 107-20, provided for financial assistance to eligible producers 
to promote water conservation in the Yakima Basin. This notice sets out 
the method by which the payment will be distributed on behalf of 
eligible producers to eligible owners and operators whose expected 
deliveries of irrigation water were prorated within the Yakima Basin 
during the past crop year and who agree to promote water conservation 
methods in future agricultural activities.

FOR FURTHER INFORMATION CONTACT: Ilka Gray, Agricultural Program 
Specialist, USDA/FSA/CEPD/STOP 0513, 1400 Independence Ave., SW., 
Washington, DC 20250-0513, (202) 690-0794, or e-mail at: 
[email protected]

SUPPLEMENTARY INFORMATION: Section 2107 of the Supplemental 
Appropriations Act, 2001 (Pub. L. 107-20) provided $2 million to make 
available financial assistance to eligible producers to promote water 
conservation in the Yakima Basin (Basin). The Yakima River flows for 
more than 200 miles through south central Washington and, with its 
tributaries, drains about 6,150 square miles, or 4 million acres. Much 
of the water is diverted for irrigation in the Yakima Valley. From 50 
to 100 percent of the water delivered to the lower basin from the 
Naches River and upper Yakima River is diverted for irrigation and 
hydropower generation during the irrigation season. Most of the Basin 
receives less than 10 inches of precipitation a year.
    In the Basin counties of Benton, Kittitas, and Yakima, there are 
12,883 farms and 38,461 agricultural producers. The economy of the 
Basin is tied to agricultural production with a annual crop value of 
$628,503,519. Cereal crops, irrigated pasture, and hay production are 
predominant in Kittitas County, while Yakima and Benton Counties 
produce fruits, such as grapes, vegetables, and other specialty crops 
such as hops and mint. The Yakama Reservation lies in the Wapato 
Irrigation District and occupies about 40 percent of Yakima County and 
about 15 percent of the Basin.
    Due to drought conditions in the Basin, water was prorated in crop 
year 2001. In the Yakima Basin, water use is tied to water rights. The 
two primary types of water rights are ``prorateable'' and 
``nonproratable'' water. Nonproratable water allows the producer a 
right to utilize water in all conditions, including drought, thus 
almost guaranteeing water delivery. Prorateable water allows water 
delivery to be reduced in situations where there are impediments to 
normal water delivery such as scarcity of water due to drought 
conditions.
    To assist producers adversely affected by the drought and water 
prorations, Congress included in section 2107 of Pub. L. 107-20 $2 
million to remain available until expended, from amounts available to 
the U.S. Department of Agriculture's Commodity Credit Corporation under 
15 U.S.C. 713a-4, directing ''* * * the Secretary of Agriculture to 
make available financial assistance to eligible producers to promote 
water conservation in the Yakima Basin, Washington * * *.'' In 
addition, the statute specified that to the extent that regulations 
might be found to be needed, the issuance of regulations promulgated 
pursuant to this new authority would be made without regard to: (1) The 
notice and comment provisions of section 553 of title 5, United States 
Code; (2) the Statement of Policy of the Secretary of Agriculture 
effective July 24, 1971, (36 FR 13804), relating to notices of proposed 
rulemaking and public participation in rulemaking; and (3) chapter 35 
of title 44, United States Codes (commonly know as the ``Paperwork 
Reduction Act''). It was also specified that in carrying out this 
section the Secretary should use the authority provided under section 
808 of title 5, United States Code, which exempts certain rules from 
having to undergo certain Congressional oversight procedures prior to 
the time that the rules are made effective. The statute limited the 
eligible area to the Basin but did not stipulate any particular 
breakout to be paid. The funding will supplement existing assistance 
already available in the region by promoting water conservation.

Eligibility

    There are over 31 irrigation districts operating in the Basin 
according to data collected. There are 418,958 acres listed for the 
irrigation districts which are mainly classified as agriculture. 
According to the information obtained from the U.S. Department of 
Interior's Bureau of Reclamation (USDOI), approximately one-half of the 
irrigation districts suffered no or very minimal consequences from the 
water prorations in crop year 2001. Of those districts affected by the 
water prorations, only three, Roza, Kittitas, and Wapato, had 
significant impact that occurred from water prorations. Roza and 
Kittitas Irrigation Districts, with 100 percent prorateable water, 
received only 37 percent of normal water, during the crop year 2001, 
and the Wapato Irrigation District, with 53 percent of prorateable 
water, received 67 percent of normal water. There are 256,972 acres of 
agricultural land in Roza, Kittitas, and Wapato irrigation districts 
with 7,065 agricultural producers.
    Based on the relative degree of water available which is an 
indicator of the suffering attributed to the drought, the program will 
be limited to the three irrigation districts which received the least 
amount of normal water and were the most severely impacted. These 
irrigation districts are Rosa, Kittitas, and Wapato. If payments were 
issued on all agricultural land in the Basin, payments are estimated to 
be less than $4.00 an acre. It is unclear how much, if any, water 
conservation could be achieved with the relatively low payment per acre 
rate. However, payments to affected producers in the three most 
severely

[[Page 6675]]

impacted districts will be higher making more water conversation 
achievable.
    CCC will use data on Basin farming operations, along with data from 
water irrigation districts and USDOI to identify the universe of 
eligible producers. Anyone that has an interest in the eligible land 
may contact the Farm Service Agency (FSA) office to determine if they 
are eligibile for assistance.
    Funds will be divided according to contract acres and according to 
payment shares indicated. Such shares must be agreed to by the owner 
and operator of the eligible land. Only undisputed requests for 
assistance will be paid. Producers will be provided with information on 
what kinds of conservation measures might be undertaken and other 
options that may be available to them. Such actions may include: (1) 
Moving to less water-intensive crops; (2) improving irrigation 
scheduling; and (3) developing on-farm irrigation improvements such as 
land leveling, canal maintenance, and sprinkler calibration. CCC can 
provide producers with assistance in determining the best water 
conservation practice(s) for their operation. All participating 
producers will agree to promote water conservation methods in future 
agricultural activities as a condition of payment. CCC will keep this 
agreement of file with the producer's other USDA records.
    Further information about the program will be made available at the 
local FSA offices of the USDA. Program participation will be such 
subject to such additional terms and conditions as may be set out in 
the program application.

    Signed at Washington, DC, on January 28, 2002.
James R. Little,
Executive Vice President, Commodity Credit Corporation.
[FR Doc. 02-3501 Filed 2-12-02; 8:45 am]
BILLING CODE 3410-05-P