[Federal Register Volume 67, Number 218 (Tuesday, November 12, 2002)]
[Rules and Regulations]
[Pages 68495-68498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28691]



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  Federal Register / Vol. 67, No. 218 / Tuesday, November 12, 2002 / 
Rules and Regulations  

[[Page 68495]]



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: Final rule.

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SUMMARY: 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. This rule sets forth a policy 
to implement the conservation technical assistance regulations as they 
relate to private grazing land conservation assistance.

EFFECTIVE DATE: November 12, 2002.

FOR FURTHER INFORMATION CONTACT: Mark W. Berkland, Director, 
Conservation Operations Division, NRCS, P.O. Box 2890, Washington, DC 
20013-2890; telephone: (202) 720-1845; fax: (202) 720-4265; submit e-
mail to [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, the Natural 
Resources Conservation Service (NRCS) conducted an economic analysis of 
the potential impacts associated with this final 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

    The Regulatory Flexibility Act is not applicable to this final 
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 
provide management alternatives 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 in which there would be positive environmental effects. 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, the CPGL Program, and this 
regulation do not result in any irretrievable commitment of resources.

Paperwork Reduction Act

    No substantive changes have been made to this rule that would 
affect the record-keeping requirements and estimated burdens previously 
reviewed and approved under OMB control number 0578-0013. Requesting 
technical assistance through the CPGL program may result in applying 
and receiving financial assistance through existing long-term 
contracting conservation programs. (0578-0013 Long-Term Contracting 
Paperwork Package). CPGL is not a financial assistance program.

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 effects of this rulemaking action 
on State, local, tribal governments, and the public. The action does 
not comply with 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.

Federal Crop Insurance Reform and Department of Agriculture 
Reorganization Act of 1994

    USDA classified this final rule as ``not major'' under Section 304 
of the Department of Agriculture Reorganization Act of 1994, Public Law 
103-354, therefore, a risk assessment is not required.

Purpose and Scope

    Section 386 of the FAIRA of 1996, 16 U.S.C. 2005b, sets forth 
policy and authority for the conservation of private grazing land 
program. This rule sets forth policy for NRCS to implement the new 
authority when funded, as authorized by FAIRA.
    NRCS' CPGL Program will expand the agency's capability to provide 
technical assistance. It is stated in 7 CFR Part 610 that the NRCS 
mission promotes the quality of all agricultural lands, including 
cropland, forestland, and grazing land. This also includes pastureland, 
rangeland, and grazed forestland so that the long-term sustainability 
of the resource base is achieved.
    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 forage or browse. 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 
for economic sustainability of many communities, and is the cornerstone 
of a healthy environment.
    Grazing land is the single largest private land use in the Nation. 
This land is voluntarily managed by over 1.2 million individuals. Less 
than 4 percent currently receive voluntary technical assistance through 
NRCS for the management of these natural resources.
    The use of technical assistance is voluntary. The assistance will 
allow grazing land owners and managers to implement their conservation 
planning

[[Page 68496]]

decisions on private grazing land in order to maintain and improve 
grazing land resources.
    NRCS' technical assistance program provides assistance to private 
grazing land owners and managers to address soil and water conservation 
issues. However, the conservation agenda continues to expand as a 
result of greater scientific understanding of ecosystems. This agenda 
increases the number of policy actions, as well as Federal, State, and 
local laws on environmental quality. These policy actions place new 
requirements on landowners and land users, thus increasing the need for 
voluntary conservation technical assistance to address emerging 
resource issues and regulations. Many of today's owners of grazing land 
have difficulty staying abreast of environmental regulations. Every 
landowner or manager's actions are important because they have a 
significant impact on a particular piece of land. These decisions 
affect neighboring lands, as well as the larger ecosystem and watershed 
in which they occur.
    Since 1935, NRCS has provided technical assistance to landowners 
and managers to address soil erosion and water quality problems. 
Section 386 of FAIRA expands current technical assistance authorities 
to include:
    [sbull] Using and improving energy-efficient ways to produce food 
and fiber;
    [sbull] Improving the dependability and consistency in water 
supplies;
    [sbull] Improving and conserving fish habitat and aquatic systems;
    [sbull] Protecting and improving water quality;
    [sbull] Conserving and improving habitat for wildlife;
    [sbull] Sustaining forage and grazing plants;
    [sbull] Using plants to sequester greenhouse gases;
    [sbull] Enhancing recreational activities;
    [sbull] Maintaining or reducing weed, noxious weed, and brush 
encroachment;
    [sbull] Enhancing long-term economic opportunities;
    [sbull] Providing opportunities for improved nutrient management 
from the land application of animal manure and other by-product 
nutrient sources;
    [sbull] Improving the quality of animals produced on these lands; 
and
    [sbull] 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 addressing soil and water 
conservation issues. With this rule, technical assistance will be 
provided to individuals when soil and water conservation issues may not 
be the primary resource concern, but are of secondary importance. 
However, in applying this authority, conservation technical assistance 
is available for wildlife habitat improvement, animal health 
improvement, forage quality improvement, air quality improvement, and 
addressing other natural resource issues beyond soil and water 
conservation. Congress authorized assistance for these additional 
purposes, realizing there are competing demands on private land grazing 
resources. 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. An 
estimated 17 percent of all of these acres have soil-related and water-
related resource concerns that could be addressed by NRCS' existing 
technical assistance program. This leaves 83 percent or 295 million 
acres in need of conservation treatment not directly related to soil 
and water conservation.
    What happens on the land remains critical to the U.S. economic and 
environmental well-being, even for those who never set foot on grazing 
land. Grazing land produces much of our food and water supplies, and 
provides wildlife habitat that allows many recreational opportunities. 
There are many types of products derived from animals that are raised 
on grazing lands: Household products including furniture, clothes, 
soap, insulation, deodorants, and paints; pharmaceutical products 
including blood plasma and medical sutures; and manufacturing products 
including hydraulic fluid, airplane lubricants, machine oils, car 
polish, and textiles.

Current 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 conservation program delivery through resource 
planning, and the evaluation and application of conservation practices, 
including assistance in the technical phases of administering USDA 
cost-share programs.
    NRCS works 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 information needed to 
make 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, and based on their conservation objectives. These plans 
document an orderly installation of conservation practices that 
ultimately make up a conservation system.
    Application assistance is provided to help land users apply and 
maintain planned conservation practices. NRCS assistance for applying 
the conservation practices and systems may include:
    [sbull] Design, layout, and evaluation of conservation practices;
    [sbull] Development of management alternatives and cultural 
practices needed to establish and maintain vegetation; and
    [sbull] Planning, construction, and maintenance of other 
conservation practices needed to protect and enhance natural resources.

NRCS may provide additional assistance to:
    [sbull] Maintain and improve private grazing land resources that 
provide multiple benefits. For example, a grazing management plan not 
only benefits domestic livestock, but it may also benefit wildlife. A 
grazing management plan prevents overgrazing, maintains the vigor and 
diversity of the plant community, discourages invasion of weeds, 
prevents erosion, and protects streambanks and water quality;
    [sbull] Ensure 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 model used to help managers make effective 
decisions about nutrition management of their livestock. A manager 
saves an estimated $10-$32 per animal per year by improving the 
production efficiency from use of this technology;
    [sbull] Implement new grazing land management technologies. 
Technologies impacting grazing land, as in other industries, are always 
changing. Technical assistance provided to an individual helps with 
identifying and implementing new technologies to improve the 
environmental, economic, and/or social challenges of the private 
landowners or managers. These new and improved technologies may include 
new fencing materials, livestock

[[Page 68497]]

watering facilities, chemicals to control invasive weeds, livestock 
health products, grazing management practices, fertilizer technologies, 
geographic information systems, and other computerized decision support 
systems;
    [sbull] Manage resources on private grazing land through 
conservation planning, including, but not limited to; grazing 
management, nutrient management, soil quality, and weed and invasive 
species control. Technical assistance helps the producer adjust 
management decisions, as new information becomes available;
    [sbull] Maintain and improve water quality and quantity, aquatic 
and wildlife habitat, recreational opportunities, and aesthetics on 
private grazing land;
    [sbull] Harvest, process, and market private grazing land 
resources. Technical assistance may be provided to help an individual 
identify opportunities to develop specialty meats, leather, feathers, 
wool, and mohair products, or other products that are nontraditional; 
and
    [sbull] Identify opportunities to diversify 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.
    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 that are 
developed and implemented are based upon the specific resources and 
needs of an individual as a result of technical assistance.
    Private grazing land owners and managers use 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 owners/managers 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 for grazing land is to design 
and establish a grazing management plan. When combining the appropriate 
conservation practices, the plan sustains the resources to meet 
landowners' or managers' objectives. Landowners and managers make 
decisions to implement the necessary conservation practices.
    The economic benefits vary between every individual operation. The 
net financial benefits of increased forage production will vary among 
producers, depending upon the cost and benefits of implementing grazing 
land practices. Costs vary from a few dollars to several hundred 
dollars per acre, depending on the individual situation. If minor 
adjustments are needed, the cost for the adjustments may be 
inexpensive. However, if major changes are needed (such as brush 
control, fence installation, fertilizer, and watering facilities), the 
costs may be significantly higher. Furthermore, the results will 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 provide economic stability to many communities, and keep the 
Nation's grazing land productive.

Discussion of Public Comments

    In general, many of the respondents expressed appreciation for the 
opportunity to comment on the proposed rule. There were a total of 10 
respondents to the proposed rule (individuals from Federal agencies, 
universities, and other organizations). The comments centered on four 
issues: (1) Educational role of NRCS; (2) partnership between NRCS, 
Cooperative State Research, Education, and Extension Service (CSREES), 
and others; (3) funding; and (4) other agency programs and activities.
    Comment: Five comments expressed concern that NRCS is duplicating 
the educational activities provided by CSREES.
    Response: NRCS provides technical assistance on a one-on-one basis 
to landowners and managers to address natural resource issues. It is 
this process of transferring technology to the producer that we provide 
assistance, and is not the same type of ``education'' provided by the 
Cooperative Extension System.
    Comment: Eight comments suggested that a partnership between NRCS, 
CSREES, and others needs to be initiated or improved to meet the 
training and educational requirements necessary to address many of the 
natural resource issues facing grazing land.
    Response: NRCS values relationships with other Federal, State, 
local resource agencies, and others with which common objectives are 
shared, although their missions may differ. NRCS partners with many 
agencies and organizations to enhance and strengthen conservation 
efforts throughout the country.
    There were a few comments received regarding program funding and 
other agency programs and activities. Although these comments were 
reviewed and considered, they were not germane to this rule.
    Some minor editorial and other changes in the text were suggested; 
these comments are not included in an analysis, but most were 
considered.

List of Subjects in 7 CFR Part 610

    Soil conservation, Technical assistance, Water resources.


    For the reasons stated in the preamble, the Natural Resources 
Conservation Service amends 7 CFR Part 610 as set forth below:

PART 610--TECHNICAL ASSISTANCE

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

    Authority: 16 U.S.C. 590a-f, 590-1, 2005b, 3861, 3862.

    2. Accordingly, Title 7 of the Code of Federal Regulations is 
amended by adding a new Subpart D to Part 610 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 assistance based on locally-established priorities and resource 
concerns. The purpose of the CPGL Program is to provide technical 
assistance to private grazing land

[[Page 68498]]

owners and managers to voluntarily conserve or enhance grazing land 
resources to meet ecological, economic, and social demands.
    (b) The term ``private grazing land'' means private, State-owned, 
tribally owned, and any other non-federally owned rangeland, 
pastureland, grazed forestland, hayland, and other lands used for 
grazing.
    (c) 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 will provide 
assistance in cooperation with conservation districts, or directly to a 
landowner or operator.


Sec.  610.32  Technical assistance furnished.

    (a) Provide technical assistance to grazing-land owners and 
managers to plan and implement resource conservation on grazing land. 
The objective of planning on grazing land is to assist landowners and 
managers in understanding the basic ecological principles associated 
with managing their land. This objective can be met by implementing a 
plan that meets the needs of the resources (soil, water, air, plants, 
and animals) and management objectives of the owner or manager. NRCS 
may provide assistance, at the request of the private grazing-land 
owner or manager to:
    (1) Maintain and improve private grazing land resources that 
provide multiple benefits;
    (2) Ensure the long-term sustainability of private grazing land 
resources;
    (3) Implement new grazing land management technologies;
    (4) Manage resources on private grazing land through conservation 
planning, including, but not limited to; grazing management, nutrient 
management, and weed and invasive species control;
    (5) Maintain and improve water quality and quantity, aquatic and 
wildlife habitat, recreational opportunities, and aesthetics on private 
grazing land;
    (6) Harvest, process, and market private grazing land resources; 
and
    (7) Identify opportunities to diversify 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 October 31, 2002.
Bruce I. Knight,
Chief, Natural Resources Conservation Service.
[FR Doc. 02-28691 Filed 11-8-02; 8:45 am]
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