[Federal Register Volume 67, Number 142 (Wednesday, July 24, 2002)]
[Rules and Regulations]
[Page 48353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18657]



 ========================================================================
 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. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register/Vol. 67, No. 142/Wednesday, July 24, 2002/Rules and 
Regulations  

[[Page 48353]]



DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

7 CFR Part 636

RIN 0578-AA21


Wildlife Habitat Incentives Program

AGENCY: Natural Resources Conservation Service, USDA.

ACTION: Final rule.

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

SUMMARY: The Farm Security and Rural Investment Act of 2002 amended the 
authority of the Secretary of Agriculture for the Wildlife Habitat 
Incentives Program (WHIP) to provide additional cost-share assistance 
to landowners who enter into an agreement to protect and restore plant 
and animal habitat for a term of at least 15 years. The current 
regulations for WHIP require cost-share agreements to be for a term of 
5 to 10 years. This change will amend the program regulation to conform 
to the statutory language.

EFFECTIVE DATE: July 24, 2002.

FOR FURTHER INFORMATION CONTACT: Roger L. Bensey at (202) 720-3534.

SUPPLEMENTARY INFORMATION:   

Executive Order 12866

    The Office of Management and Budget has determined that this final 
rule does not meet the criteria for a significant regulatory action as 
specified in Executive Order 12866.

Regulatory Flexibility Act

    It has been determined that the Regulatory Flexibility Act is not 
applicable to this final rule because the Natural Resources 
Conservation Service is not required by 5 U.S.C. 553, or any other 
provision of law, to publish a notice of proposed rule making with 
respect to the subject matter of this rule.

Paperwork Reduction Act

    No recordkeeping or reporting burden is associated with this rule.

Executive Order 12988

    This final rule has been reviewed in accordance with Executive 
Order 12988. The provisions of this final rule are not retroactive. 
Furthermore, the provisions of this final rule preempt State and local 
laws to the extent such laws are inconsistent with this final rule. 
Before an action may be brought in a Federal court of competent 
jurisdiction, the administrative appeal rights afforded persons at 7 
CFR part 614 must be exhausted.

Unfunded Mandates Reform Act of 1995

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995, 
Public Law 104-4, NRCS assessed the affects of this rulemaking action 
on State, local, and Tribal governments, and the public. This action 
does not compel the expenditure of $100 million or more by any State, 
local, or Tribal governments, or anyone in the private sector, and 
therefore, a statement under section 202 of the Unfunded Mandates 
Reform Act of 1995 is not required.

Discussion

    The Wildlife Habitat Incentives Program (WHIP) was originally 
authorized under section 387 of the Federal Agriculture Improvement and 
Reform Act of 1996 (the 1996 Act), 16 U.S.C. 3836a. WHIP provides cost-
share assistance to landowners to develop wildlife habitat on upland, 
wetland, riparian, aquatic, and other areas. Section 387 did not 
specify the cost-share rate or the agreement length.
    NRCS published its final rule to implement WHIP, 7 CFR part 636, on 
September 19, 1997 (62 FR 49358). Section 636.6 of the WHIP final rule 
specified that NRCS would offer to pay no more than 75 percent of the 
cost of establishing wildlife habitat development practices. Section 
636.8 of the WHIP final rule specified that a WHIP cost-share agreement 
would be for a period of 5 to 10 years, unless a shorter period was 
recommended to address situations where wildlife habitat was threatened 
as a result of a disaster.
    Section 2502 of the Farm Security and Rural Investment Act of 2002 
(the 2002 Act), Public Law 107-171, repealed the original WHIP statute 
and amended Title XII of the Food Security Act of 1985 to add a new 
section 1240N as the authority for WHIP. As amended, the Food Security 
Act authorizes NRCS to provide additional cost-share payments to 
protect and restore plant and animal habitat under an agreement or 
contract that has a term of at least 15 years.
    This final rule reflects the new authority to provide additional 
cost-share assistance under agreements or contracts that have a term of 
at least 15 years. This change will conform the WHIP regulation with 
statutory authorization. No public comments are being solicited.

List of Subjects in 7 CFR Part 636

    Administrative practice and procedure, Agriculture, Soil 
conservation, Wildlife.
    Accordingly, 7 CFR part 636 is amended as follows:

PART 636--WILDLIFE HABITAT INCENTIVES PROGRAM

    1. The authority citation for part 636 is revised to read as 
follows:

    Authority: 16 U.S.C. 3839bb-1.

    2. Section 636.8 is amended by adding a new paragraph (d) to read 
as follows:


Sec. 636.8  Cost-share agreements.

* * * * *
    (d) Notwithstanding any limitation of this part, NRCS may enter 
into a cost-share agreement or contract that:
    (1) Is for a term of at least 15 years;
    (2) Protects and restores plant and animal habitat; and
    (3) Provides cost-share payments in addition to amounts provided 
under Sec. 636.6 of this part.

    Signed in Washington, DC, on July 12, 2002.
Bruce I. Knight,
Chief, Natural Resources Conservation Service.
[FR Doc. 02-18657 Filed 7-23-02; 8:45 am]
BILLING CODE 3410-16-P