[Federal Register Volume 67, Number 225 (Thursday, November 21, 2002)]
[Rules and Regulations]
[Pages 70119-70133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29301]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

7 CFR Part 652


Technical Service Provider Assistance

AGENCY: Natural Resources Conservation Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This interim final rule sets forth the Department's process 
for administering the provision of conservation technical assistance by 
technical service providers as authorized under section 1242 of the 
Food Security Act, as amended by the Farm Security and Rural Investment 
Act of 2002 (2002 Farm Bill). The Secretary of Agriculture has 
delegated responsibility for administering technical services provided 
by technical service providers to the Natural Resources Conservation 
Service (NRCS). NRCS seeks comments from the public on this interim 
final rule.

DATES: Effective date: March 1, 2003. Comments must be received by 
February 19, 2003.

ADDRESSES: Send comments by mail to Melissa Hammond, Technical Service 
Provider Coordinator, Natural Resources Conservation Service (NRCS), 
P.O. Box 2890, Washington, DC 20013, or by e-mail to: 
[email protected]; attn: Technical Service Provider Assistance. 
This interim final rule may also be accessed via the Internet through 
the NRCS homepage at http://www.nrcs.usda.gov and selecting Farm Bill 
2002.

FOR FURTHER INFORMATION CONTACT: Melissa Hammond, Technical Service 
Provider Coordinator, Strategic Natural Resource Issues Staff, NRCS, 
P.O. Box 2890, Washington, DC 20013-2890, telephone: (202) 720-6731; 
fax: (202) 720-3052; submit e-mail to:

[[Page 70120]]

[email protected], Attention: Technical Service Provider Assistance.

SUPPLEMENTARY INFORMATION:

Background

    In 1994, the Department of Agriculture reorganized and transferred 
increased responsibilities for administration of conservation programs 
to the Natural Resources Conservation Service (NRCS) to provide 
technical and financial assistance to producers to improve the natural 
resource conditions on their land. The Federal Agricultural Improvement 
and Reform Act of 1996 (the 1996 Farm Bill), Public Law 104-127, 
created several new conservation programs for which the Secretary of 
Agriculture delegated administrative responsibility to NRCS.
    Through the implementation of its conservation programs, NRCS 
utilizes its technical expertise to provide producers with information 
to help them make land management decisions. When a producer applies to 
participate in a conservation program, NRCS helps the producer evaluate 
the resource conditions on their land to determine the most appropriate 
way to meet the producer's conservation objectives. Through its 
conservation planning process, NRCS helps the producer develop a 
conservation plan and, depending upon the availability of funds, the 
Department provides financial assistance to the producer to implement 
identified conservation practices or systems.

The 2002 Farm Bill

    The Farm Security and Rural Investment Act of 2002 (the ``2002 Farm 
Bill''), Public Law 107-171, expanded the availability of financial and 
technical assistance funds for the implementation of conservation 
programs. At the time of enactment, the Congressional Budget Office 
estimated that the 2002 Farm Bill represented a $17 billion increase in 
the level of funding for conservation programs.
    The current staffing levels of NRCS are insufficient to adequately 
meet the increased need for technical assistance under the conservation 
programs authorized or re-authorized by the 2002 Farm Bill. Section 
2701 of the 2002 Farm Bill amended section 1242 of the Food Security 
Act of 1985 (``Food Security Act''), as amended, to require the 
Secretary of Agriculture to provide technical assistance under the Food 
Security Act conservation programs to a producer eligible for that 
assistance ``directly * * * or at the option of the producer, through a 
payment * * * to the producer for an approved third party, if 
available.'' The Secretary of Agriculture delegated authority to 
implement section 1242 to NRCS.
    Section 1242 of the Food Security Act greatly expands the 
availability of technical assistance to producers by encouraging other 
potential providers of technical assistance to assist in the delivery 
of technical services. To ensure that high quality technical services 
are available to all producers, section 1242 requires the Secretary of 
Agriculture to establish, by regulation, a system for ``approving 
individuals and entities to provide technical assistance to carry out 
programs under the (Farm Bill) * * * and establishing the amounts and 
methods for payments for that assistance.''
    This interim final rule establishes a certification process under 
which NRCS may evaluate and approve individuals, entities, and public 
agencies as eligible to provide conservation technical services for 
certain conservation programs. The interim final rule establishes the 
criteria by which NRCS will evaluate all potential providers of 
technical assistance. NRCS will only make payment to a producer for 
technical services obtained from a technical service provider that has 
been certified by NRCS to provide such assistance.
    The interim final rule distinguishes between certification of an 
individual working under his or her own auspices and that of an 
organization, such as a corporation or a public agency, which has 
individuals working on its behalf. Certification of an individual means 
the individual has the requisite education and technical expertise to 
perform the technical services. Certification of an entity or public 
agency means that the organization may receive payment for the services 
provided by individuals working under its auspices, but the work must 
be performed or warranted by certified individuals and the organization 
must assume the liability for the quality of work performed.
    The interim final rule also sets forth conditions and procedures by 
which NRCS may determine that a certified technical service provider 
has failed to provide producers high quality technical services and 
thus, should not remain certified as a provider of technical assistance 
for conservation programs under Title XII of the Food Security Act.
    While section 1242 increases a producer's available sources of 
technical assistance, it also maintains the options available to NRCS 
to acquire assistance in meeting its own responsibilities under Title 
XII. In particular, section 1242(b)(4) of the Food Security Act 
provides that the Secretary may request the services of, and enter into 
cooperative agreements or contracts with, non-Federal entities to 
assist in providing technical assistance necessary to develop and 
implement Title XII conservation programs. NRCS may utilize its 
inherent contracting authority or the authority under section 714 of 
the Agricultural Appropriations Act for FY 2001, Public Law 106-387, 7 
U.S.C. 6962a, to obtain technical services. NRCS may also enter into a 
cooperative agreement with a technical service provider or other 
cooperator to stimulate the availability of technical assistance. NRCS 
will only utilize technical assistance from technical service providers 
that have been certified under the provisions of this interim final 
rule.
    NRCS has determined that producers will need the delivery of high 
quality technical assistance immediately. Therefore, NRCS believes that 
the provisions of this rule are appropriately promulgated as an interim 
final rule.

Summary of Provisions

    Through this rulemaking process, the Department seeks to establish 
processes that provide efficient and effective technical services to 
producers participating in USDA conservation programs in a manner that 
optimizes conservation benefits. In particular, the Department aims to 
provide a performance-based system where producers can take full 
advantage of the marketplace and obtain cost-effective delivery of 
quality technical services.
    The regulations promulgated by this interim final rule are divided 
into three subparts. Subpart A sets forth the general provisions 
related to the delivery of technical services. Subpart B sets forth the 
certification criteria and process NRCS will utilize to evaluate a 
technical service provider to determine whether such provider is 
eligible to provide technical assistance under Title XII. Subpart C 
sets forth the process and causes under which a technical service 
provider may become decertified and, therefore, ineligible to provide 
technical services.

Subpart A--General Provisions

    Subpart A describes how program participants choose technical 
service providers, and how program participants may receive payment 
from the Department for those services. Specifically, the Department 
will reimburse a program participant if they select a technical service 
provider from the approved list of technical service providers and the 
technical services provided meet all legal and program requirements. 
The Department may also

[[Page 70121]]

pay the technical service provider directly if the program participant 
submits an assignment of payment form.
    Subpart A also describes how the Department will expand its 
delivery of technical services to program participants. Though not in 
the rule, the Department intends to establish in policy that it will 
not hire additional Federal employees above its baseline staffing 
levels unless it has first sought to meet the additional demand for 
technical services from non-Federal sources through contracts, 
contribution agreements, and cooperative agreements.
    The Department must follow existing procurement and financial 
assistance laws when it enters into transactions to expand the 
availability of technical services. The types of transactions are 
described in greater detail in the preamble discussion under Sec.  
652.6.
    Additionally, the Department and any technical service provider it 
hires must abide by Federal disclosure and privacy laws, including the 
Freedom of Information Act and the Privacy Act. However, the technical 
service providers hired directly by program participants are not 
subject to these legal requirements. Therefore, the Department 
encourages program participants to ensure that their contracts with 
their technical service providers provide for the appropriate 
confidentiality of personal information.
    Subpart A also addresses the quality assurance measures that the 
Department will utilize to maintain high quality technical service 
delivery. The Department may decertify technical service providers 
based on information obtained through the quality assurance process.
    Section 652.1, Definitions, sets forth the definitions for the 
terms used throughout the regulation.
    Section 652.2, Applicability, sets forth the purpose and scope of 
the regulations for technical services. The purpose of the regulations 
is to establish a system for expanding the delivery of technical 
services available to producers under the Food Security Act.
    Section 652.3, Administration, describes the basic responsibilities 
NRCS has in the management of the technical service delivery process, 
including certification, decertification, recertification, and 
certification renewal. NRCS will establish the processes and procedures 
for certification of technical service providers and will assess the 
availability and utilization of such providers. NRCS wants to ensure 
that technical service providers are available to producers. NRCS 
encourages all sources of technical service providers to participate in 
the delivery of conservation programs. In its management of the 
technical service delivery process, NRCS will track payments for the 
technical service provided by technical service providers. NRCS will 
also track conservation accomplishments based on information reported 
to NRCS by technical service providers pursuant to Sec.  652.4(g).
    Historical relationships and agreements between USDA and 
conservation partners will need to be evaluated, and modified as 
needed, to avoid conflicts of interest, or the appearance thereof, as 
those partners engage in providing technical services as technical 
service providers in accordance with this rule.
    Section 652.4, Technical service standards, sets forth the 
technical service standards that all technical service providers must 
meet in order to receive payment from the Department for the technical 
services provided. In particular, all technical services provided by 
technical service providers must meet applicable NRCS standards and 
specifications. The regulations identify several of those standards but 
are not exhaustive. NRCS National standards, and State standards and 
specifications, may be found through links at the Web site http://www.nrcs.usda.gov. NRCS establishes this minimum standard for technical 
services to ensure uniformity among the various sources of technical 
service providers, conformity with NRCS conservation program 
requirements, and dependability of the quality of service that 
producers will receive.
    NRCS has historically encouraged the development and utilization of 
new and innovative conservation practices through adoption of such 
practices when proven effective, for example, practices related to air 
quality. In particular, the Environmental Quality Incentives Program 
provides for the utilization of such new and innovative conservation 
practices. However, until NRCS has evaluated the effectiveness of such 
practices, it will not provide payment for the technical services 
needed to plan and implement new practices. Therefore, the interim 
final rule requires that a technical service provider seek NRCS 
approval prior to initiating technical services for a new or innovative 
technology or practice.
    To assist NRCS with its quality assurance process set forth in 
Sec.  652.7, NRCS incorporated in Sec.  652.4 several requirements of 
technical service providers. In particular, NRCS requires that the 
technical service provider sign a written certification that the 
technical services provided for a particular practice or plan complies 
with all program requirements, legal requirements, and NRCS standards 
and specifications, and is consistent with the conservation goals and 
programs under which the assistance is given. This requirement makes it 
clear that a technical service provider is responsible for the quality 
of the assistance provided to either the producer or the Department.
    NRCS requires a technical service provider to assume all legal 
responsibility for the quality of the work provided. Thus, if a 
producer implements a deficient conservation plan developed by a 
technical service provider and implementation of the plan results in 
harm or injury, the technical service provider, not the producer, is 
liable. This provision protects a producer from liability that was not 
caused through any fault of the producer. The producer is responsible 
in all cases for complying with the terms and conditions of the program 
contract or agreement, which includes meeting USDA technical standards 
and specifications.
    Language is also included in the regulations regarding 
incorporation of low-cost alternatives, where appropriate, to address 
the resource issues and meet the objectives of both the program and 
program participant.
    Finally, this section provides that NRCS is not contractually bound 
to the program participant to provide reimbursement for technical 
services or practice implementation that is not consistent with NRCS 
standards and specifications. Where NRCS does not provide the technical 
assistance for the development of a conservation plan incorporated into 
its program agreements, NRCS reserves the right to ensure that a 
program agreement is implemented in accordance with program 
requirements, including requiring that practices meet NRCS standards 
and specifications. This provision allows NRCS to continue to meet the 
conservation program goals and objectives for which it has the 
delegated responsibility.
    This section also requires technical service providers to input 
data into the NRCS conservation accomplishments tracking system. NRCS 
will utilize this information as part of its quality assurance process 
under Sec.  652.7.
    Section 652.5, Program participant acquisition of technical 
services, describes how program participants may obtain technical 
services from sources other than the Department and receive 
reimbursement for those technical services. This section describes that 
a

[[Page 70122]]

program participant may obtain technical services from the Department 
or any individual, entity, or public agency certified by NRCS under 
this interim final rule to provide technical services.
    If a producer wishes the Department to provide technical services, 
he or she should contact NRCS at the local USDA Service Center. If the 
producer wishes to utilize a different source of technical service, he 
or she should obtain information from the Department about program 
requirements and payment terms. To ensure necessary funds are available 
to reimburse the program participant, the Department and the program 
participant must incorporate and obligate under the program contract or 
agreement the estimated amount of funds needed.
    A producer must choose a certified technical service provider from 
the appropriate NRCS approved list of technical service providers in 
order to obtain reimbursement for the costs associated with those 
services. The list of approved technical service providers for the 
particular category of technical services will be available through the 
NRCS home page on the Internet, or can be obtained from the local USDA 
service center. In order to receive reimbursement, once the technical 
services have been provided and meet program requirements, the program 
participant would submit to NRCS or FSA, as appropriate, an invoice, 
any supporting documentation, and a request for payment.
    In many situations, a program participant needs to obtain technical 
services prior to entering into a program contract or agreement with 
either NRCS or the Farm Service Agency. NRCS or the Farm Service Agency 
(collectively referred to as the Department) may reimburse a 
participant for pre-program contract or agreement technical services 
obtained to complete program related activities prior to entering a 
program contract or agreement and develop a conservation plan. The 
participant must provide to either NRCS or the Farm Service Agency an 
invoice and documentation of the technical services provided by a 
certified technical service provider in order to be reimbursed for 
these costs.
    The terms and conditions of a program contract or agreement will 
provide for the reimbursement of the producer for technical services 
provided by a certified technical service provider. The Department is 
interested in developing a dynamic approach to its payment rates 
schedule in order to ensure that its payment rates do not lag behind 
the development of technological efficiencies that decrease the time 
and price associated with the delivery of technical services.
    The Department's goal in developing a method of setting payment 
rates is to obtain the most competitive payment rates while ensuring 
that program participants have access to the widest available range of 
qualified technical service providers. The Department is seeking 
comments on how to design rate payments that are transparent, easy to 
implement, and ensure competition in program participant acquisition of 
technical services. The Department intends to publish an amendment to 
this interim final rule within the next 30 days that will explain in 
detail the payment rate process. The Department is seeking comments on 
how to design a rate setting process that would be easy to implement 
yet sensitive to regional or local pricing variation.
    The Department is considering whether to establish payment rates by 
conducting a State by State solicitation of technical service prices 
from individuals, private-sector entities, and public agencies in order 
to ascertain the current market prices for delivering technical 
services. If chosen, the Department would utilize an existing Internet 
based notice posting system to solicit from technical service provider 
sources their respective price data for particular technical services. 
This process would involve electronically uploading a Departmental 
``Sources Sought Notice'' to the posting system, requesting potential 
technical service providers to submit a listing of service prices, and 
consolidating the price data from all respondents. The Department would 
analyze the information submitted pursuant to its solicitation as part 
of its process for determining payment rates. After the first year of 
operation, the Department would adjust the rates each year thereafter, 
or more frequently if needed, using current market data it obtained 
from technical service providers, an updated solicitation to all 
sources, or a combination thereof.
    In using the information obtained from this solicitation, the 
Department could set a ``not-to-exceed'' rate. To ensure healthy 
competition within the market, this rate could not be set so low as to 
discourage all participation by viable technical service providers nor 
could it be set so high as to result in wasteful federal expenditures. 
To encourage competition, the Department is also considering options 
that would create incentives for producers to choose the most efficient 
provider of technical services in the market place, such incentives 
could include providing a cost savings to program participants that 
choose a technical service provider with a price below a ``not-to-
exceed'' rate.
    The Department is also considering basing technical service 
payments upon a flat rate. Under this option, the Department would pay 
a flat rate for each project. Thus, if a project costs $20,000 to 
install, the program participant would be reimbursed $4000, or 20% of 
the project cost, for the technical services obtained from a technical 
service provider. However, this approach may not adequately reflect the 
actual price for technical services on any particular project and might 
adversely affect obtaining technical services for projects that are 
small or more complex in scope because the actual price for the design 
could exceed the flat rate.
    In addition, the Department is also considering basing technical 
service payment rates based on its own costs to deliver the technical 
services. Under this option, the Department would estimate the 
technical service rates and establish not-to-exceed rates for use in 
program contracts or agreements. These rates would not exceed the 
Federal Government rates to deliver the same service. The Department is 
interested in obtaining public comment on these or other feasible 
methods for establishing payment rates that will provide the greatest 
opportunity for the market place to inform the price of technical 
services while providing maximum flexibility to program participants to 
choose a technical service provider.
    Section 652.6, Department delivery of technical services, describes 
the types of legal instruments the Department may enter into to deliver 
technical services to producers. The Department will provide technical 
services directly to a producer when chosen by the producer to provide 
those services. When Department baseline staffing levels do not meet 
the demand for its technical services, the Department may procure 
additional technical services through a procurement contract or a 
cooperative agreement entered into under the authority of section 714 
of the Agricultural Appropriations Act of 2001 (the 2001 Act), Public 
Law 106-387, 7 U.S.C. 6962a. As mentioned above, the Department intends 
to adopt by policy that it will seek to meet the additional demand for 
technical services from non-Federal sources. To avoid confusion, ``non-
assistance'' cooperative agreements under section 714 are identified as 
``contribution agreements'' to distinguish them from cooperative 
agreements as defined by the Federal Grant and Cooperative Agreement 
Act

[[Page 70123]]

(FGCAA), 31 U.S.C. 6301 et seq. The Department may also meet the 
additional demand for technical services by stimulating the 
availability of additional technical services through a cooperative 
agreement as defined by the FGCAA.
    NRCS utilizes contribution agreements for obtaining technical 
services and receives from a contributing party financial and in-kind 
donation of goods, services, and personal services. NRCS ensures 
Federal funds are wisely spent by requiring that the level of 
contribution by the other party justify the non-competitive nature of 
the transaction. For transactions where NRCS seeks to obtain technical 
services for a particular project or for more widespread programmatic 
needs, NRCS will only enter into a contribution agreement with a 
certified technical service provider where such a provider donates at 
least 50% of the technical services needed.
    Contribution agreements that do not include the provision of 
technical services are outside of the scope of this rule, and NRCS will 
evaluate the merit of entering into each such agreement based upon the 
particular nature of the project and the level of contribution by the 
other party.
    For transactions where the Department seeks to stimulate the 
expansion of the level of technical services provided to producers, the 
Department may enter into a cooperative agreement that is governed by 
the FGCAA and its implementing regulations and circulars.
    The Department reaffirms its commitment to competitive cooperative 
agreements by referencing in Sec.  652.6 the competition requirements 
in 7 CFR part 3015. Section 652.6(b) identifies that the Chief of the 
NRCS or his designee, or the Administrator of FSA as appropriate, are 
authorized to determine that an exception to the competition 
requirements are in the best interest of the Government and needed to 
fulfill the objectives of the program.
    The Department anticipates that most technical service providers 
will be selected and hired directly by the program participant and paid 
under the terms of the program contract or agreement entered into 
between the program participant and the Department. However, because of 
the anticipated increase in workload that the 2002 Farm Bill creates, 
the Department may need to procure services from technical service 
providers in meeting its own responsibilities to deliver conservation 
program technical assistance.
    Department policy encourages the expansion of technical services 
provided by all sources, especially private and commercial sources. 
Wherever appropriate and in the best interest of the Government, the 
Department will utilize the procurement process to obtain any 
additional technical services necessary to implement the conservation 
programs. The interim final rule, in Sec.  652.6(b) indicates that the 
Chief or the Administrator of FSA may limit the utilization of 
cooperative agreements and contribution agreements in obtaining or 
stimulating technical services in order to ensure openness and 
competitiveness in the process.
    Section 652.6(c) addresses an NRCS concern about the possibility of 
unfair competitive advantage by the individuals, private-sector 
entities, and public agencies with which NRCS may enter into a contract 
or agreement. NRCS believes that a technical service provider hired 
directly by NRCS to assist the agency with its responsibilities could 
have an unfair competitive advantage over other technical service 
providers when being selected by program participants. For example, 
individuals and organizations hired by NRCS may have superior knowledge 
regarding the technical service needs of particular producers that 
would give them a competitive advantage over other providers. In 
addition, NRCS is concerned that a technical service provider may 
receive payment twice for performing the same work, once through the 
contract or agreement with the Department and a second time through the 
producer's program contract or agreement.
    Therefore, NRCS requires in the interim final rule that a technical 
service provider hired by NRCS to provide technical services to a 
particular program participant is ineligible to receive a payment under 
a program contract or agreement for that same program participant.
    Section 652.7, Quality assurance, provides that NRCS will evaluate 
the quality of the technical services provided by certified technical 
service providers. This section provides for a process through which 
NRCS will evaluate technical services performed by technical service 
providers. NRCS requires under Sec.  652.4(g) that technical service 
providers make available certain information that can be utilized in 
its quality assurance process. While this information may be utilized 
to decertify a technical service provider, the purpose is to discover 
deficiencies in the technical service delivery and allow the technical 
service provider to take remedial action before such decertification 
action becomes necessary.

Subpart B--Certification

    This subpart contains technical service provider criteria for 
certification requirements; processes to certify individuals, private-
sector entities, and public agencies; requirements for recommending 
organizations; and the process and requirements for certification 
renewal.
    In order to meet the requirements of 16 U.S.C. 3842(b)(3) regarding 
``Interim Assistance,'' NRCS will consider entities and individuals who 
are currently providing technical services through the Department under 
a contract, cooperative agreement, or contribution agreement as 
``conditionally certified'' to ensure the continued availability of 
technical services from these providers for a transitional period 
before this regulation is effective and implemented. The terms of this 
conditional certification are: (1) The individual or entity must be 
operating under a contract, cooperative agreement, or contribution 
agreement that is in effect on the date of publication of this rule; 
(2) the individual or entity must submit an Application for 
Certification by March 1, 2003; and (3) the conditional certification 
expires by either the date a Certification Agreement is entered or 
September 30, 2003, whichever is earlier. These terms will allow 
entities and individuals to continue to provide technical services 
under their respective contracts, cooperative agreements, or 
contribution agreements during FY 2003 until NRCS is able to evaluate 
such individuals and organizations under the certification process set 
forth in this part. Section 652.21(f) of this rule sets forth these 
terms and conditions for conditional certification of individuals, 
private-sector entities, and public agencies providing technical 
services under current contracts, cooperative agreements, or 
contribution agreements.
    Additionally, NRCS will also consider individuals that are 
certified under NRCS policies in place prior to the publication of this 
interim final rule as conditionally certified. The terms of this 
conditional certification are: (1) The individual or entity must have 
been certified under such policies prior to the publication of this 
interim final rule; (2) the individual or entity must submit an 
Application for Certification by March 1, 2003; and (3) the conditional 
certification expires either by the date a Certification Agreement is 
entered or September 30, 2003, whichever is earlier. Section 652.21(g) 
of this rule

[[Page 70124]]

sets forth these terms and conditions for conditional certification of 
individuals who were certified under pre-existing NRCS policy.
    NRCS believes that the availability of training is essential to the 
successful implementation of the certification process. NRCS 
anticipates that a substantial amount of training will be needed for 
applicants to become certified as technical service providers. The 
specific training needed will vary from State-to-State depending on the 
type and quantity of technical services needed to address the 
additional Title XII Farm Bill workload in each State, the overall 
interest by applicants to become technical service providers, and the 
private and public sector mix in providing technical services.
    NRCS encourages the development and presentation of training 
opportunities from a wide variety of sources. NRCS anticipates that 
universities, colleges, land grant institutions, the Extension Service, 
private entities, and other sources may be used by the Department to 
develop and provide the training. NRCS is particularly interested in 
comments from the public regarding all aspects of technical service 
provider training.
    Individuals interested in becoming certified are responsible for 
obtaining the training they need to become certified as technical 
service providers, for keeping their own training records current, and 
for providing documentation for certification purposes on the training 
they have received. Costs associated with becoming a technical service 
provider, as well as maintaining or renewing certification, are the 
responsibility of the individual seeking certification.
    NRCS will publish on its home web page by December 31, 2002, 
further instructions, guidance, forms, and the process related to the 
submittal of applications for certification. NRCS will begin to accept 
applications and recommendations for certification on January 2, 2003, 
and will review these submittals as they are received. While NRCS may 
enter into Certification Agreements with technical service providers 
prior to March 1, 2003, such certifications will not be effective until 
the effective date of this interim final rule.
    NRCS is seeking comments and ideas for streamlining the 
certification process to make it as efficient and effective as 
possible. NRCS is also seeking input regarding methods to minimize the 
burden of certification for applicants seeking certification for more 
than one state. Of particular interest is how variation in State laws 
and requirements should be addressed within a certification system.
    Section 652.21, Certification criteria and requirements, sets forth 
the certification criteria and other requirements for certification of 
individuals. All individuals must meet the NRCS certification criteria 
and requirements in order to be certified by the agency to provide 
technical services to program participants and the Department. NRCS 
requires that all certified individuals have the necessary training, 
experience, and knowledge to perform the technical services for which 
certification is sought. Because the technical services are performed 
to assist producers to participate in Department conservation programs, 
the certified individual must have working familiarity with Department 
standards, specifications, and program requirements. These requirements 
are set forth in Department manuals, handbooks, and other references 
that are available on the web at http://www.nrcs.usda.gov to the 
technical service provider.
    In conjunction with the certification, NRCS will enter into a 
Certification Agreement with the applicant. The Certification Agreement 
documents the terms and conditions of the certification. Technical 
service providers are certified for a three-year time period and may 
have their certification renewed for subsequent time periods. The 
interim final rule also provides that NRCS will establish and collect 
fees related to the certification of technical service providers. NRCS 
will make available to the public any fee schedule established under 
this provision.
    Section 652.22, Certification process for individuals, sets forth 
the certification process for individuals to become certified. In order 
to be considered for certification, individuals must: submit an 
Application for Certification to NRCS, be recommended for certification 
by a recommending organization as provided by Sec.  652.25, or be 
included as part of the certification application submitted by a 
private-sector entity or public agency. Whatever avenue is chosen by 
the individual, NRCS will determine within 60 days of receipt of an 
application if the applicant meets the requirements for certification 
and will enter into a Certification Agreement with the applicant at the 
time of certification. After execution of a Certification Agreement, 
NRCS then place the individual's name on the approved list of technical 
service providers for that State. The list will be available on the 
Department's Web site. A payment will not be made for technical 
services provided by the individual under this part until the 
individual is certified and placed on the approved list.
    The Application for Certification and the Certification Agreement 
will be available on the National and State NRCS Web sites in a PDF 
format for easy accessibility and use.
    Section 652.23, Certification process for private-sector entities, 
sets forth the certification process for private-sector entities. 
Certification of an entity means that the entity may receive payment 
for the services provided by individuals working under its auspices, 
but the work must be warranted first by a certified individual within 
the entity, and the organization must assume the liability for the 
quality of work performed.
    Thus, a private-sector entity may be approved to provide technical 
services and receive payment for those services as long as the entity 
has at least one certified individual acting on its behalf. In 
addition, the entity must identify an official of the entity that is 
authorized to receive official correspondence related to the status of 
the entity's certification. The interim final rule provides that an 
individual(s) may seek certification as part of the application package 
of the private-sector entity.
    All individuals warranting technical services on behalf of the 
entity must be individually certified and identified on the entity's 
Application and Certification Agreement. Non-certified individuals may 
provide input to the technical services provided by the entity, but the 
work products developed by these individuals must be adopted and 
warranted by one of the certified individuals identified on the 
entity's Application and Certification Agreement. Thus, if a non-
certified engineer drafts an engineering drawing, the engineer who is 
certified to provide such engineering services must sign the final 
drawing and warrant that it meets the requirements set forth in Sec.  
652.4. Individuals working under the private-sector's auspices must act 
within the terms and conditions of a signed Certification Agreement 
between NRCS and the entity.
    NRCS may decertify the entire entity or any individual or 
individuals working under the auspices of such entity in accordance 
with the provisions of Subpart C.
    Section 652.24, Certification process for public agencies, sets 
forth the certification process for public agencies. Public agencies 
possess through their employees certain expertise and skills to carry 
out their mission that may match the expertise and skills needed to

[[Page 70125]]

provide technical services to program participants and the Department.
    The interim final rule distinguishes between certification of a 
public agency under this section and certification of an individual 
working under the individual's own auspices. Certification of a public 
agency means that the agency may receive payment for the services 
provided by individuals working under its auspices, but the work must 
first be warranted by a certified individual within the agency, and the 
public agency must assume liability for the quality of the work 
provided.
    Thus, a public agency may be approved to provide technical services 
and receive payments for those services as long as the agency has at 
least one certified individual acting on its behalf. In addition, the 
agency itself must identify an official that is authorized to receive 
official correspondence related to the status of the agency's 
certification. The interim final rule provides that an individual may 
seek certification as part of the application package of the public 
agency.
    Employees of the public agency that warrant technical services on 
behalf of the agency must be individually certified and identified by 
the public agency as those employees authorized to perform the 
technical services in the Application and Certification Agreement. Just 
as described for private-sector entities, a non-certified employee of a 
public agency may provide input into the technical services provided by 
the public agency, but the work products developed by these individuals 
must be adopted and warranted by one of the certified individuals 
identified on the agency's Application and Certification Agreement. 
These individuals must operate within the terms and conditions of a 
signed Certification Agreement between the agency and NRCS.
    NRCS believes that there exists a potential appearance of 
impropriety where public officials provide similar duties in both their 
official public and private capacities. NRCS is concerned that program 
participants may be confused about the capacity under which a certified 
individual that works for a public agency is providing services to 
them. Public employees are held to a higher standard of conduct when 
providing assistance than private sector individuals and entities 
providing a similar service to a customer. For example, public agencies 
have certain disclosure and confidentiality requirements regarding 
information they obtain from producers that do not apply to private 
sector individuals and entities.
    While nearly all public agencies already have restrictions 
regarding outside employment of its employees, the Department requires, 
as part of the public agency's certification that its employees may not 
provide technical services as an individual or as a member of a public-
sector entity outside of the auspices of that agency.
    Section 652.25, Alternative application process for individual 
certification, provides for an alternative to the process set forth in 
Sec.  652.22 for individuals to be considered for certification by 
NRCS. In lieu of submitting an Application for Certification directly 
to NRCS pursuant to Sec.  652.22, individuals may be considered for 
certification through the recommendation of an organization 
(``recommending organization'') with which NRCS has a memorandum of 
understanding or other appropriate agreement providing for such 
recommendation. A recommending organization is a professional 
organization, association, licensing board or other entity that NRCS 
has determined has an accreditation program to train, test, and 
evaluate individuals for competency in a particular area or areas of 
technical service delivery and whose accreditation program meets the 
certification criteria set forth in Sec.  652.25.
    NRCS's use of, or partnership with, recommending organizations is 
intended to streamline the certification process to the greatest extent 
possible by eliminating the need for each individual to submit an 
Application for Certification and by recognizing the specific 
accreditation expertise of various organizations.
    Prior to entering into an agreement with a recommending 
organization, NRCS determines whether the organization's accreditation 
program meets NRCS standards and specifications for the particular 
technical services to be provided. As set forth in Sec.  652.25(b), the 
agreement between NRCS and a recommending organization contains 
specific requirements related to how the organization recommends 
individuals to NRCS for certification.
    NRCS makes the final determination whether to certify for each 
individual recommended by an organization. The authority of the agency 
to certify is non-delegable and is made by the appropriate NRCS 
official based upon his or her assessment of whether an applicant meets 
the criteria as set forth in this part. NRCS may terminate an agreement 
with a recommending organization if NRCS determines that the 
organization has violated any of the terms of the agreement or if any 
other problems arise in the organization's certification 
recommendations. In considering whether to terminate any agreement with 
a recommending organization, the agency's duty to ensure that only 
qualified individuals are certified to be technical service providers 
is paramount.
    Section 652.26, Certification renewal, sets forth the process and 
requirements for certification renewal for individuals, private-sector 
entities, and public agencies. NRCS believes that technical service 
provider certifications should have a finite time limit in order to 
ensure that the certification requirements are still being met and to 
reaffirm the terms and conditions of the current Certification 
Agreement. Accordingly, all technical service providers must renew 
their certification every three years. Technical service providers 
decertified in accordance with the provisions in Subpart C, who are 
seeking to become re-certified after the period of decertification has 
expired, must reapply for certification through the regular application 
process.
    NRCS is providing a streamlined process for certification renewal 
in the interim rule. A standard renewal form, Certification Renewal, 
will be available on the National and State NRCS Web sites in a PDF 
format. The technical service provider must complete and submit their 
request for Certification Renewal to NRCS at least 60 days prior to the 
current certification expiration date. All renewals are in effect for 
three years and may be subsequently renewed for three-year periods.

Subpart C--Decertification

    In order to protect the public interest and to ensure the adequate 
provision of technical assistance under its conservation programs, the 
Department's policy is to certify and maintain certification of only 
those individuals who meet the criteria set forth in this rule and who 
act responsibly in the provision of technical assistance. The 
decertification process set forth in subpart C is the means by which 
the Department carries out this policy. The Department is promulgating 
these regulations to provide for a decertification process because 
neither the National Appeals Division nor Government-wide Suspension 
and Debarment regulations apply to the decertification of technical 
service providers. Specifically, the National Appeal Division's 
regulations apply to appeals related to program participants

[[Page 70126]]

as that term is defined by 7 CFR 11.1. Technical service providers are 
not ``program participants.'' The decertification process described 
herein is more akin to the Government-wide Debarment and Suspension 
(Nonprocurement) regulations at 7 CFR part 3017, which are specifically 
excluded from the definition of program participant in 7 CFR 11.1. 
However, the Government-wide Suspension and Debarment regulations at 7 
CFR 3017.110(a)(3)(iii) exclude conservation programs from 
applicability.
    The dual goals of the decertification process are: (1) To establish 
an efficient administrative process by which technical service 
providers who fail to meet NRCS standards and specifications in the 
provision of technical service or otherwise fail to meet the terms of 
the Certification Agreement, i.e., act responsibly, are decertified 
from providing technical services to the Department and to program 
participants, and (2) to ensure adequate due process to the technical 
service providers who are proposed for decertification. The purpose of 
the decertification process is to protect the public interest by 
removing those technical service providers from the approved list who 
fail to act responsibly.
    Section 652.31, Policy, sets forth general guidelines regarding the 
causes for decertification. It is not the Department's intent to 
decertify an otherwise responsible technical service provider for minor 
inconsistencies with NRCS standards and specifications if those 
failures are infrequent events, and the technical service provider 
works in good faith to remedy any problems. The Department encourages 
technical service providers to act proactively in remedying any 
technical services that fail to meet NRCS standards and specifications. 
To the extent it is able, NRCS will work with those technical service 
providers who ask for assistance in addressing deficiencies in their 
provision of technical service. The Department will decertify those 
technical service providers who demonstrate a failure to act 
responsibly in the provision of technical service.
    Accordingly, Sec.  652.32, Causes of decertification, sets forth 
the causes for decertification. These causes include failures in the 
provision of technical service to the extent that the practice is 
ineffective or environmentally harmful and/or other violations of the 
terms of the Certification Agreement. In addition, a catch-all 
provision is included under this section to cover any other cause of a 
serious or compelling nature demonstrating a technical service 
provider's failure to fulfill the terms of their Certification 
Agreement.
    Section 652.33, Notice of proposed decertification, provides that 
the State Conservationist will send to any technical service provider 
proposed for decertification a Notice of Proposed Decertification. This 
section also sets forth the required content of the Notice of Proposed 
Decertification. In addition, this section provides that the Notice 
will identify the certified individuals who work under the auspices of 
a technical service provider (such as a public agency or private-sector 
organization), who are also being considered for decertification. 
Certified individuals have a separate right of appeal. In order to 
appeal, certified individuals must follow the process and deadlines set 
forth in this subpart.
    Section 652.34, Opportunity to contest decertification, sets forth 
the process, including the deadlines, for a technical service provider 
to contest any Notice of Proposed Decertification.
    Section 652.35, State Conservationist decision, provides the time 
lines for the State Conservationist's decision regarding whether to 
decertify, the basis for the decision, and the required notices to the 
technical service provider of the State Conservationist's decision.
    Section 652.36, Appeals of decertification decisions, provides for 
appeal by the technical service provider of a State Conservationist's 
decision to the Chief, deadlines for appeal, issuance of the final 
decision, and the contents of the Chief's final decision. Section 
652.36 also provides that the Chief may delegate his duties as the 
decertifying officer to an NRCS employee in the National Office.
    Section 652.37, Period of decertification, provides general 
guidelines for the decertifying official's (the State Conservationist 
or Chief, as appropriate) determination regarding the period of 
decertification. These guidelines are meant to be flexible while at the 
same time providing technical service providers with a general idea of 
how the period of decertification is decided upon. As is true of the 
entire decertification process, determination of the length of the 
decertification period is intended to protect the public interest by 
removing from the list of approved providers those technical service 
providers who fail to act responsibly in the provision of technical 
service. The length of the decertification period is commensurate with 
the degree to which the technical service provider has violated the 
terms of the Certification Agreement, including meeting NRCS standards 
and specifications. It is within the decertifying official's discretion 
to decide the period of decertification based upon the general 
guidelines, the facts of the particular case, and any mitigating 
factors.
    Section 652.38, Scope of decertification, provides guidance on the 
scope of a decertification. Decertification applies to an entire entity 
and all organizational elements thereunder of a technical service 
provider, whether the provider is a private sector entity or a public 
agency. The decertifying official must determine, based upon the facts 
of a situation, whether to decertify the entire organization (including 
the individuals identified as authorized to provide technical services 
under the auspices of such organization); the organization only; a 
particular individual or individuals acting under the auspices of that 
organization; and/or an organizational element of the public agency or 
private sector entity. For example, the decertifying official may 
decertify the private sector entity or public agency and a particular 
individual or individuals, but not all the individuals identified in 
the Certification Agreement, if the decertifying official finds that 
the actions of the entity or public agency and/or particular authorized 
individuals cannot be imputed to all the individuals identified as 
authorized to provide technical services under the auspices of the 
organization. The intent of this subpart is to decertify only those 
organizations or elements thereof and employees that are deficient in 
the provision of technical services. In making this determination, the 
decertifying official will also consider the terms of the Certification 
Agreement itself, which require the public agency and private sector to 
be responsible for the actions of their employees and/or agents.
    As set forth in Sec.  652.39, Mitigating factors, the decertifying 
official takes into consideration any mitigating factors presented by 
the technical service provider when deciding whether to decertify as 
well as the scope and the period of decertification. Even though 
mitigating factors may be presented by a technical service provider, 
the decertifying official may still decide to decertify. This section 
provides general examples of mitigating factors. For example, 
subsection (c) provides as a mitigating factor actions a technical 
service provider takes to prevent future deficiencies in the provision 
of technical services which led to the Notice of Proposed 
Decertification, including deficiencies in the provision of technical 
service or in otherwise complying with the terms of the

[[Page 70127]]

Certification Agreement. Technical service providers are encouraged to 
mitigate any deficiencies in the provision of technical services.
    Section 652.40, Effect of decertification, sets forth the effect of 
a decertification determination. During the time period of 
decertification, NRCS will not procure or cooperate with a decertified 
technical service provider nor will the Department reimburse a program 
participant for the services of a decertified provider. Current or on-
going procurements, cooperative agreements or program agreements will 
not be affected retroactively by the listing of a technical service 
provider as decertified.
    In addition, Sec.  652.40 provides that the agency shall maintain a 
list of decertified technical service providers. When a technical 
service provider is decertified in one State, the effect is to 
decertify that provider in all States. NRCS will work diligently to 
keep the list current. The list will be available to the public through 
NRCS's Web site and at USDA Service Centers. It is the program 
participant's responsibility to check the list prior to securing a 
technical service provider's services. Further, the rule requires that 
no program participant may knowingly hire a decertified technical 
service provider.
    Section 652.41, Effect of filing deadlines, provides that the 
failure of a technical service provider to meet filing deadlines 
results in the forfeiture of appeal rights and also clarifies the 
deadline for contest and appeal filings. These policies assist in the 
efficient and fair administration of the decertification process.
    Finally, section 652.42, Recertification, states the agency's 
recertification policy for those technical service providers who have 
been decertified.

Regulatory Certifications

Executive Order 12866

    Pursuant to Executive Order 12866 (58 FR 51735, October 4, 1993), 
it has been determined that this interim final rule is a significant 
regulatory action and has been reviewed by the Office of Management and 
Budget (OMB). Pursuant to section 6(a)(3) of Executive Order 12866, 
NRCS conducted an economic analysis of the potential impacts associated 
with this rulemaking, and included the analysis as part of a Regulatory 
Impact Analysis document prepared for this interim final rule. The 
analysis estimates that the technical service provider process will 
have a beneficial impact on the Nation's natural resources by 
accelerating adoption of conservation practices, increasing 
environmental and resource benefits, maintaining and enhancing long-
term productivity of the resource base, reducing non-point source 
pollution damage, reducing farming costs, and contributing to an 
increase in net farm income. A copy of this analysis is available upon 
request from Gary Gross, Resource Conservationist, Natural Resources 
Conservation Service, P.O. Box 2890, Washington, DC 20013-2890, or by 
e-mail to [email protected]; attn: Technical Service Provider 
Assistance--Economic Analysis, or at the following Web address: http://www.nrcs.usda.gov.

Executive Order 12988

    This interim final rule has been reviewed in accordance with 
Executive Order 12988. The provisions of this interim final rule are 
not retroactive. The USDA has not identified any State or local laws 
that are in conflict with this regulation or that would impede full 
implementation of this rule. Nevertheless, in the event that such 
conflict is identified, the provisions of this interim final rule 
preempt State and local laws to the extent such laws are inconsistent 
with this rule.

Regulatory Flexibility Act

    Pursuant to 5 U.S.C. 605(c) of the Regulatory Flexibility Act, it 
has been determined that this rule will not have a significant impact 
on a substantial number of small entities as defined by the Act. This 
rule sets forth the process by which entities could, on a voluntary 
basis, become certified providers. Therefore, a regulatory flexibility 
analysis is not required for this interim final rule. This interim 
final rule sets forth the policies and procedures for the provision of 
technical service provider assistance, which involves the voluntary 
participation of technical service providers.

National Environmental Policy Act

    The regulations promulgated by this rule do not authorize any 
action that may negatively affect the human environment. Accordingly, 
an analysis of impacts under the National Environmental Policy Act has 
not been performed. The technical service provider process will help 
implement new and existing USDA conservation programs which are subject 
to the environmental analyses pursuant to the National Environmental 
Policy Act.

Paperwork Reduction Act

    Section 2702 of the Farm Security and Rural Investment Act of 2002 
requires that the promulgation of regulations and the administration of 
Title II of said act be carried out without regard to the chapter 35 of 
title 44 of the United States Code (commonly known as the Paperwork 
Reduction Act). Accordingly, these regulations and the forms, and other 
information collection activities need to administer technical service 
provider assistance under these regulations, are not subject to review 
by the Office of Management and Budget under the Paperwork Reduction 
Act.
    NRCS is committed to compliance with the Government Paperwork 
Elimination Act (GPEA) and the Freedom to E-File Act, which require 
Government agencies in general to provide the public the option of 
submitting information or transacting business electronically to the 
maximum extent possible and NRCS in particular to provide the public 
the option of submitting information or transacting business 
electronically to the maximum extent possible. The forms and other 
information collection activities required for participation in 
technical services delivery under this rule are not fully implemented 
for the public to conduct business with NRCS electronically. However, 
the required standard forms discussed in this rule will be available 
electronically through the USDA eForms Web site at www.sc.egov.usda.gov 
for downloading. The regulation will be available at the NRCS homepage 
at www.nrcs.usda.gov. Applications may be submitted as provided for in 
this rule. At this time, electronic submission is not available. 
However, NRCS is currently working on fully implementing electronic 
submission so that it is available in the future.

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, 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; 
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

    Pursuant to section 304 of the Department of Agriculture 
Reorganization Act of 1994, Public Law 104-354, USDA classified this 
interim final rule as not major.

[[Page 70128]]

Civil Rights Impact Analysis

    A Civil Rights Impact Analysis has been completed regarding this 
rule. The review reveals no factors indicating any disproportionate 
adverse civil rights impacts for participants in NRCS programs and 
services who are minorities, women, or persons with disabilities. A 
copy of this analysis is available upon request from Gary Gross, 
Resource Conservationist, Natural Resources Conservation Service, PO 
Box 2890, Washington, DC 20013-2890, or by e-mail to 
[email protected]; attn: Technical Service Provider Assistance--Civil 
Rights Impact Analysis, or at the following web address: http://www.nrcs.usda.gov.

List of Subjects in 7 CFR Part 652

    Natural Resources Conservation Service, Soil conservation, 
Technical assistance, Water resources.

    For the reasons stated in the preamble, the Natural Resources 
Conservation Service hereby amends Title 7 of the Code of Federal 
Regulations as set forth below:

    Accordingly, Title 7 of the code of Federal Regulations is amended 
by adding a new part 652 to read as follows:

PART 652--TECHNICAL SERVICE PROVIDER ASSISTANCE

Subpart A--General Provisions
Sec.
652.1 Definitions.
652.2 Applicability.
652.3 Administration.
652.4 Technical service standards.
652.5 Program participant acquisition of technical services.
652.6 Department delivery of technical services.
652.7 Quality assurance
Subpart B--Certification
652.21 Certification criteria and requirements.
652.22 Certification process for individuals.
652.23 Certification process for private-sector entities.
652.24 Certification process for public agencies.
652.25 Alternative application process for individual certification.
652.26 Certification renewal.
Subpart C--Decertification
652.31 Policy.
652.32 Causes of decertification.
652.33 Notice of proposed decertification.
652.34 Opportunity to contest decertification.
652.35 State Conservationist decision.
652.36 Appeals of decertification decisions.
652.37 Period of decertification.
652.38 Scope of decertification.
652.39 Mitigating factors.
652.40 Effect of decertification.
652.41 Effect of filing deadlines.
652.42 Recertification.

    Authority: 16 U.S.C. 3842.

Subpart A--General Provisions


Sec.  652.1  Definitions.

    The following definitions apply to this part and all documents 
issued in accordance with this part, unless specified otherwise:
    Approved list means the list of individuals, private sector 
entities, or public agencies certified by the State Conservationist in 
each State to provide technical services to a program participant or to 
the Department.
    Chief means the Chief of NRCS or designee.
    Certification means the action taken by NRCS to approve:
    (1) An individual as meeting the minimum NRCS criteria for 
providing technical service for conservation planning or a specific 
conservation practice or system; or
    (2) An entity or public agency as having an employee or employees 
that meet the minimum NRCS criteria for providing technical service for 
conservation planning or a specific conservation practice or system.
    Conservation practice means a specified treatment, such as a 
structural or vegetative practice, or a land management practice, that 
is planned and applied according to NRCS standards and specifications.
    Contract means the same as that term is defined in the Federal 
Grants and Cooperative Agreement Act, 31 U.S.C. 6301 et seq.
    Contribution agreement means the acquisition of technical services 
entered into under the authority of 7 U.S.C. 6962a.
    Cooperative agreement means the same as that term is defined in the 
Federal Grants and Cooperative Agreement Act, 31 U.S.C. 6301 et seq.
    Department means the Natural Resources Conservation Service, the 
Farm Service Agency, or any other agency or instrumentality of the 
United States Department of Agriculture that is assigned responsibility 
for all or a part of a conservation program subject to this part.
    Entity means a corporation, joint stock company, association, 
limited partnership, limited liability partnership, limited liability 
company, nonprofit organization, a member of a joint venture, or a 
member of a similar organization.
    Program participant or participant means a person who is eligible 
to receive technical or financial assistance under a conservation 
program covered by this rule.
    Public agency means a unit or subdivision of Federal, State, local, 
or Tribal government, other than the Department.
    Recommending organization means a professional organization, 
association, licensing board or similar organization with which NRCS 
has entered into an agreement to recommend qualified individuals for 
NRCS certification as technical service providers for specific 
technical services.
    Secretary means the Secretary of the United States Department of 
Agriculture.
    State Conservationist means the NRCS employee authorized to direct 
and supervise NRCS activities in a State, the Caribbean Area, or the 
Pacific Basin Area.
    Technical service means the technical assistance provided by 
technical service providers, including conservation planning, and/or 
the design, layout, and installation of approved conservation 
practices.
    Technical service provider means an individual, entity, or public 
agency certified by the State Conservationist and placed on the 
approved list to provide technical services to program participants or 
to the Department.


Sec.  652.2  Applicability.

    The regulations in this part set forth the policies, procedures, 
and requirements related to delivery of technical assistance by 
individuals and entities other than the Department, hereinafter 
referred to as technical service providers.


Sec.  652.3  Administration.

    (a) As provided in this part, the Department will provide technical 
assistance to program participants directly, or at the option of the 
program participant, through a technical service provider in accordance 
with the requirements of this part.
    (b) The Chief, Natural Resources Conservation Service (NRCS) will 
direct and supervise the administration of the regulations in this 
part.
    (c) NRCS will:
    (1) Provide overall leadership and management for the development 
and administration of a technical service provider process;
    (2) Consult with the Farm Service Agency and other appropriate 
agencies and entities concerning the availability and utilization of 
technical service providers and the implementation of technical 
service;
    (3) Establish policies, procedures, guidance, and criteria for the 
certification, recertification, decertification, certification renewal,

[[Page 70129]]

and implementation of the use of technical service providers;
    (4) Certify, decertify, and recertify technical service providers 
as well as renew certification for technical service providers.
    (5) Encourage development and availability of training 
opportunities for individuals interested in becoming technical service 
providers;
    (6) Track payment and accomplishment data related to technical 
services delivery; and
    (7) Provide quality assurance for technical services provided by 
technical service providers.
    (d) The Department will not make payments under a program contract 
or agreement, a contract, contribution agreement, or cooperative 
agreement for technical services provided by a technical service 
provider unless the technical service provider is certified by NRCS and 
is identified on the approved list.
    (e) The Department will evaluate the terms and conditions of 
existing agreements with technical service providers to ensure that 
they are consistent with this part.


Sec.  652.4  Technical service standards.

    (a) All technical services provided by technical service providers 
must meet USDA standards and specifications as set forth in 
Departmental manuals, handbooks, guides, and other references for soils 
mapping and natural resources information, conservation planning, 
conservation practice application, and other areas of technical 
assistance.
    (b) The Department must approve all new technologies and innovative 
practices, including applicable standards and specifications, prior to 
a technical service provider initiating technical services for those 
technologies and practices.
    (c) Pursuant to any contract or agreement with NRCS or with the 
program participant, the technical service provider must warrant in 
writing that the particular technical service provided:
    (1) Complies with all applicable Federal, State, Tribal, and local 
laws and requirements;
    (2) Meets applicable Department standards, specifications, and 
program requirements;
    (3) Is consistent with the particular conservation program goals 
and objectives for which the program agreement or contract was entered 
into by the Department and the program participant; and
    (4) Incorporates, where appropriate, low-cost alternatives that 
would address the resource issues and meet the objectives of both the 
program and program participants for which assistance is provided.
    (d) Technical service providers, including entities and public 
agencies, must assume all legal responsibility for the technical 
services provided. Technical service providers, including entities and 
public agencies, must indemnify and hold the Department and the program 
participant harmless for any costs, damages, claims, liabilities, and 
judgments arising from past, present, and future negligent or wrongful 
acts or omissions of the technical service provider in connection with 
the technical service provided.
    (e) The Department will not be in breach of any program contract or 
agreement if it fails to implement conservation plans or practices or 
make payment for conservation plans or practices resulting from 
technical services that do not meet USDA standards and specifications 
or are not consistent with program requirements.
    (f) The program participant is responsible for complying with the 
terms and conditions of the program contract or agreement, which 
includes meeting USDA technical standards and specifications for any 
technical services procured by the participant or obtained in 
accordance with this part.
    (g) The technical service provider shall report in the NRCS 
conservation accomplishment tracking system the appropriate data 
elements associated with the technical services provided to the 
Department or program participant.


Sec.  652.5  Program participant acquisition of technical services.

    (a) Program participants may obtain technical assistance directly 
from the Department or from a certified technical service provider.
    (b) To acquire technical assistance directly from the Department, 
program participants should contact their local USDA Service Center.
    (c) To acquire technical services from a technical service 
provider, program participants must:
    (1) Comply with the program agreement when acquiring technical 
services; and
    (2) Select a certified technical service provider from the approved 
list of technical service providers.
    (d) To obtain payment for technical services, the program 
participant must submit to the Department an invoice, supporting 
documentation, and a request for payment. The Department may pay a 
program participant for technical services provided by a technical 
service provider hired by the program participant through:
    (1) A reimbursement payment made directly to the program 
participant; or
    (2) Upon receipt of an assignment of payment from the program 
participant, a payment made directly to the technical service provider.
    (e) The Department will identify in the particular program contract 
or agreement the payment provisions for technical service providers 
hired directly by the program participant.
    (f) Unless authorized under paragraph (g) of this section, the 
program participant must enter into a program contract or agreement 
with the Department prior to acquisition of technical services by a 
technical service provider.
    (g) A program participant may be reimbursed for technical service 
provider costs incurred prior to entering into a program contract or 
agreement as long as the individual meets the eligibility requirements 
for participating in the program. These costs include program related 
activities that need to be accomplished prior to entering into a 
program contract or agreement as well as the development of a 
conservation plan that is subsequently incorporated into the program 
contract or agreement. To be reimbursed for these technical service 
provider costs, the program participant must:
    (1) Utilize the services of a certified technical service provider 
from the NRCS approved list of technical service providers; and
    (2) Provide to NRCS invoice and related documentation of the 
technical services provided.
    (h) Program participants must authorize in writing to the 
Department the disclosure of their records on file with the Department 
that they wish to make available to specific technical service 
providers.
    (i) Payments for technical services will only be made one time for 
the same technical service provided unless, as determined by the 
Department, the emergence of new technologies or major changes in the 
participant's farming or ranching operations necessitate the need for 
additional technical services.


Sec.  652.6  Department delivery of technical services.

    (a) The Department may procure the services of certified technical 
service providers through a contract or a contribution agreement to 
assist the Department in providing technical services necessary to 
develop and implement the conservation programs subject to this part. 
The Department shall only enter into a contribution agreement with a 
certified technical service provider if the certified

[[Page 70130]]

technical service provider contributes at least 50 percent of the 
technical services needed to accomplish the goals of the project under 
which the contribution agreement is entered. The Chief may establish 
minimum contribution rates or limit the utilization of contribution 
agreements.
    (b) The Department may also enter into a cooperative agreement 
after competition as specified by part 3015 of this title if the 
principal purpose of the cooperative agreement is to transfer a thing 
of value to carry out a public purpose of support or stimulation 
authorized by law. The Chief or the Administrator, Farm Service Agency 
(FSA) may limit the utilization of cooperative agreements by NRCS or 
FSA, respectively. Only the Chief, NRCS or the Administrator, FSA may 
make a determination that competition is not deemed appropriate for a 
particular transaction and such determination shall only be based where 
a non-competitive award is in the best interest of the Government and 
necessary to the accomplishment of the goals of the program.
    (c) A certified technical service provider, or an individual 
providing technical services under the auspices of a technical service 
provider's certification, shall not be eligible to receive payment 
under a program contract or agreement for technical services provided 
directly to a program participant if that technical service provider 
has entered into a contract, cooperative agreement, or contribution 
agreement with NRCS to provide technical services to that program 
participant.
    (d) The Department will, to the extent practicable, ensure that the 
amounts paid for technical service under this part are consistent 
across conservation program areas, unless specific conservation program 
requirements include additional tasks.


Sec.  652.7  Quality assurance.

    (a) NRCS will review, in consultation with the Farm Service Agency, 
as appropriate, the quality of the technical services provided by 
technical service providers. As a requirement of certification, 
technical service providers will be required to develop and maintain 
documentation in accordance with Departmental manuals, handbooks, and 
technical guidance for the technical services provided, and furnish 
this documentation to NRCS and the program participant when the 
particular technical service is completed. NRCS may utilize information 
obtained through its quality assurance process, documentation submitted 
by the technical service provider, and other relevant information in 
determining how to improve the quality of technical service, as well as 
determining whether to decertify a technical service provider under 
subpart C of this part.
    (b) Upon discovery of a deficiency in the provision of technical 
service through its quality assurance process or other means, NRCS 
will, to the greatest extent practicable, send a notice to the 
technical service provider detailing the deficiency and requesting 
remedial action by the technical service provider. Failure by the 
technical service provider to promptly remedy the deficiency, or the 
occurrence of repeated deficiencies in providing technical services, 
may trigger the decertification process set forth in subpart C of this 
part. A failure by NRCS to notice any deficiency does not affect any 
action under the decertification process. Technical service providers 
are solely responsible for providing technical services that meet all 
NRCS standards and specifications.

Subpart B--Certification


Sec.  652.21  Certification criteria and requirements.

    (a) To qualify for certification an individual must:
    (1) Have the technical training, education, or experience to 
perform the level of technical assistance for which certification is 
sought;
    (2) Meet any applicable licensing or similar qualification 
standards established by State law;
    (3) Demonstrate, through documentation of training or experience, 
familiarity with NRCS guidelines, criteria, standards, and 
specifications as set forth in the applicable NRCS manuals, handbooks, 
field office technical guides, and supplements thereto for the planning 
and applying of specific conservation practices and management systems 
for which certification is sought; and
    (4) Not be decertified in any State under subpart C of this part at 
the time of application for certification.
    (b) To qualify for certification an entity or public agency must 
have a certified individual providing, in accordance with this part, 
technical services on its behalf.
    (c) A technical service provider, as part of the certification by 
NRCS, must enter into a Certification Agreement with NRCS specifying 
the terms and conditions of the certification, including adherence to 
the requirements of this part, and acknowledging that failure to meet 
these requirements may result in ineligibility to receive payments from 
the Department, either directly or through the program participant, for 
the technical services provided or may result in decertification.
    (d) NRCS certification shall be in effect for three years unless 
the technical service provider is decertified in accordance with 
subpart C of this part. NRCS certifications expire at the end of three 
years unless they are renewed in accordance with Sec.  652.25.
    (e) NRCS may, pursuant to 31 U.S.C. 9701, establish and collect 
fees for the certification of technical service providers.
    (f) An individual, private-sector entity, or public agency is 
conditionally certified provided they had entered into a contract, 
cooperative agreement, or contribution agreement with the Department 
prior to November 21, 2002 to provide technical services and they 
submit an Application for Certification by March 1, 2003. An 
individual, private-sector entity, or public agency with conditional 
certification status under this paragraph may continue to provide 
technical services in accordance with the terms and conditions of the 
above-described contract, cooperative agreement, or contribution 
agreement. Conditional certification shall expire either by the date 
NRCS and the individual, private-sector entity, or public agency enter 
into a Certification Agreement, as described in Sec.  652.22(c)(1) or 
September 30, 2003, whichever is earlier.
    (g) An individual is conditionally certified if the individual was 
certified under NRCS policy in effect prior to November 21, 2002 and 
submits an Application for Certification by March 1, 2003. An 
individual with conditional certification status under this paragraph 
may continue to provide technical services to the Department and to 
program participants in accordance with the above-described prior 
certification. Conditional certification shall expire either by the 
date NRCS and the individual enter into a Certification Agreement, as 
described in Sec.  652.22(c)(1) or September 30, 2003, whichever is 
earlier.


Sec.  652.22  Certification process for individuals.

    (a) In order to be considered for certification as a technical 
service provider, an individual must:
    (1) Submit an Application for Certification to NRCS in accordance 
with this section;
    (2) Request certification through a recommending organization 
pursuant to Sec.  652.25; or
    (3) Request certification through an application submitted by a 
private-

[[Page 70131]]

sector entity or public agency pursuant to Sec.  652.23 or Sec.  652.24 
as appropriate.
    (b) The application must contain the documentation demonstrating 
that the individual meets all requirements of paragraph (a) of Sec.  
652.21.
    (c) NRCS will review within 60 days the application submitted by an 
individual under paragraph (a)(1) of this section and determine whether 
the applicant meets the requirements set forth in paragraph (a) of 
Sec.  652.21. If all requirements are met, NRCS will:
    (1) Enter into a Certification Agreement and certify the applicant 
as qualified to provide technical services for a specific category or 
categories of technical service;
    (2) Place the applicant on the list of approved technical service 
providers when certified; and
    (3) Make available to the public the list of approved technical 
service providers by category of technical services.
    (d) NRCS may decertify an individual in accordance with the 
decertification process set forth in subpart C of this part.


Sec.  652.23  Certification process for private-sector entities.

    (a) A private sector entity that applies for certification must 
identify, and provide supporting documentation, that an individual, or 
individuals, authorized to act on its behalf:
    (1) Has been certified as an individual in accordance with Sec.  
652.22; or
    (2) Seeks certification as an individual as part of the private-
sector entity's certification and ensures that the requirements set 
forth in Sec.  652.21(a) are contained within the private-sector 
entity's application to support such certification.
    (b) NRCS will determine whether the individual(s) identified in the 
private-sector entity's application meets the certification standards 
set forth in Sec.  652.22 for the specific services the entity wishes 
to provide.
    (c) NRCS will review within 60 days the application submitted by an 
entity. If NRCS determines that all requirements for the private-sector 
entity and the identified individual(s) are met, NRCS will complete the 
actions described in paragraphs (c)(1) through (c)(3) of Sec.  652.22. 
The Certification Agreement entered into with the private-sector entity 
shall:
    (1) Identify the certified individuals who are authorized to 
perform technical services on behalf of and under the auspices of the 
entity's certification;
    (2) Require that the entity have, at all times, an individual who 
is a certified technical service provider authorized to act on the 
entity's behalf;
    (3) Require that the entity promptly provide to NRCS for NRCS 
approval an amended Certification Agreement when the list of certified 
individuals performing technical services under its auspices changes;
    (4) Require that any work performed by non-certified individuals be 
warranted by a certified individual who is authorized to act on the 
entity's behalf; and
    (5) Require that the entity assume liability for the quality of 
work performed by any individual working under the auspices of its 
certification.
    (d) NRCS may, in accordance with the decertification process set 
forth in this part, decertify the private sector entity, the certified 
individual(s) acting under the auspices of its certification, or both 
the private sector entity and the certified individual(s) acting under 
the auspices of its certification.


Sec.  652.24  Certification process for public agencies.

    (a) A public agency that applies for certification must identify, 
and provide supporting documentation, that an individual or individuals 
authorized to act on its behalf:
    (1) Has been certified as an individual in accordance with Sec.  
652.22; or
    (2) Seeks certification as an individual as part of the public 
agency's certification and sufficient information as set forth in Sec.  
652.21(a) is contained within the public agency's application to 
support such certification.
    (b) NRCS shall determine whether the individual identified in the 
public agency's application meets the certification standards set forth 
in Sec.  652.22.
    (c) NRCS will review within 60 days the application submitted by a 
public agency. If NRCS determines that all requirements for the public 
agency and the identified individual(s) are met, NRCS will perform the 
actions described in paragraph (c)(1) through (c)(3) of Sec.  652.22. 
The Certification Agreement entered into with the public agency shall:
    (1) Identify the certified individuals that are authorized to 
perform technical services on behalf of and under the auspices of the 
public agency's certification;
    (2) Require that the public agency have, at all times, an 
individual that is a certified technical service provider and is an 
authorized official of the public agency;
    (3) Require that the public agency promptly provide to NRCS for 
NRCS approval an amended Certification Agreement when the list of 
certified individuals performing technical services under its auspices 
changes;
    (4) Require that any work performed by non-certified individuals be 
warranted by a certified individual that is authorized to act on the 
public agency's behalf;
    (5) Require that the public agency assume liability for the quality 
of work performed by any individual working under the auspices of its 
certification; and
    (6) Prohibit any individual who provides technical services under 
the auspices of the public agency's certification from providing 
services to program participants and the Department as an individual or 
part of a private-sector entity.
    (d) NRCS may, in accordance with the decertification process set 
forth in subpart C of this part, decertify the public agency, the 
certified individual(s) acting under its auspices, or both the public 
agency and the certified individual(s) acting under its auspices.


Sec.  652.25  Alternative application process for individual 
certification.

    (a) NRCS may enter into an agreement, including a memorandum of 
understanding or other appropriate instrument, with a recommending 
organization that NRCS determines has an adequate accreditation program 
in place to train, test, and evaluate candidates for competency in a 
particular area or areas of technical service delivery and whose 
accreditation program NRCS determines meets the certification criteria 
as set forth for the technical services to be provided.
    (b) Recommending organizations will, pursuant to an agreement 
entered into with NRCS:
    (1) Train, test, and evaluate candidates for competency in the area 
of technical service delivery;
    (2) Recommend to the NRCS official individuals who it determines 
meet the NRCS certification requirements of Sec.  652.21(a) for 
providing specific categories of technical services;
    (3) Inform the recommended individuals that they must meet the 
requirements of this part, including entering into a Certification 
Agreement with NRCS, in order to provide technical services under this 
part;
    (4) Reassess individuals that request renewal of their 
certification pursuant to Sec.  652.26 through the recommendation of 
the organization; and
    (5) Notify NRCS of any concerns or problems that may affect the 
organization's recommendation concerning the individual's

[[Page 70132]]

certification, recertification, certification renewal, or technical 
service delivery.
    (c) Pursuant to an agreement with NRCS, a recommending organization 
may provide to the appropriate NRCS official a current list of 
individuals identified by the recommending organization as meeting NRCS 
criteria as set forth in Sec.  652.21(a) for specific categories of 
technical service and recommend that the NRCS official certify these 
individuals as technical service providers in accordance with this 
part.
    (d) NRCS will make a determination within 60 days. If NRCS 
determines that all requirements for certification are met by the 
recommended individual(s), NRCS will perform the actions described in 
paragraphs (c)(1) through (c)(3) of Sec.  652.22.
    (e) NRCS may terminate an agreement with a recommending 
organization if concerns or problems with its accreditation program, 
its recommendations for certification, or other requirements under the 
agreement arise.


Sec.  652.26  Certification renewal.

    (a) NRCS certifications are in effect for three years and 
automatically expire unless they are renewed for an additional three 
years in accordance with this section.
    (b) A technical service provider may request renewal of an NRCS 
certification by:
    (1) Submitting a complete certification renewal application to NRCS 
or through a private sector entity, a public agency, or a recommending 
organization to NRCS at least 60 days prior to expiration of the 
current certification;
    (2) Providing verification on the renewal form that the 
requirements of this part are met; and
    (3) Agreeing to abide by the terms and conditions of a 
Certification Agreement.
    (c) All certification renewals are in effect for three years and 
may be renewed for subsequent three-year periods in accordance with 
this section.

Subpart C--Decertification


Sec.  652.31  Policy.

    In order to protect the public interest, it is the policy of NRCS 
to maintain certification of those technical service providers who act 
responsibly in the provision of technical service, including meeting 
NRCS standards and specifications when providing technical service to 
program participants. This section, which provides for the 
decertification of technical service providers, is an appropriate means 
to implement this policy.


Sec.  652.32  Causes for decertification.

    A State Conservationist, in whose State a technical service 
provider is certified to provide technical service, may decertify the 
technical service provider, in accordance with these provisions, for 
the following reasons:
    (a) Failure to meet NRCS standards and specifications in the 
provision of technical services rendering to the extent that the 
practice is ineffective or environmentally harmful;
    (b) Violation of the terms of the Certification Agreement, 
including but not limited to, a demonstrated lack of understanding of, 
or an unwillingness or inability to implement, NRCS standards and 
specifications for a particular practice for which the technical 
service provider is certified, or the provision of technical services 
for which the technical service provider is not certified; and
    (c) Any other cause of a serious or compelling nature as determined 
by NRCS that demonstrates the technical service provider's inability to 
fulfill the terms of the Certification Agreement in providing technical 
service.


Sec.  652.33  Notice of proposed decertification.

    The State Conservationist will send by certified mail, return 
receipt requested, to the technical service provider proposed for 
decertification a written Notice of Proposed Decertification, which 
will contain the cause(s) for decertification, as well as any 
documentation supporting decertification. In cases where a private 
sector entity or public agency is being notified of a proposed 
decertification, any certified individuals working under the auspices 
of such organization who are also being considered for decertification 
will receive a separate Notice of Decertification and will be afforded 
separate appeal rights following the process set forth below.


Sec.  652.34  Opportunity to contest decertification.

    To contest decertification, the technical service provider must 
submit in writing to the State Conservationist, within 20 calendar days 
from the date of receipt of the Notice of Proposed Decertification, the 
reasons why the State Conservationist should not decertify, including 
any mitigating factors as well as any supporting documentation.


Sec.  652.35  State Conservationist decision.

    Within 30 calendar days from the date of the notice of proposed 
decertification, the State Conservationist will issue a written 
determination. If the State Conservationist decides to decertify, the 
decision will set forth the reasons for decertification, the period of 
decertification, and the scope of decertification. If the State 
Conservationist decides not to decertify the technical service 
provider, the technical service provider will be given written notice 
of that determination. The decertification determination will be based 
on an administrative record, which will be comprised of: The Notice of 
Proposed Decertification and supporting documents, and, if submitted, 
the technical service provider's written response and supporting 
documentation. Both a copy of the decision and administrative record 
will be sent promptly by certified mail, return receipt requested, to 
the technical service provider.


Sec.  652.36  Appeals of decertification decisions.

    (a) Within 20 calendar days from the date of receipt of the State 
Conservationist's decertification determination, the technical service 
provider may appeal, in writing, to the Chief of NRCS. The written 
appeal must state the reasons for appeal and any arguments in support 
of those reasons. If the technical service provider fails to appeal, 
the decision of the State Conservationist is final.
    (b) Final decision. Within 30 calendar days of receipt of the 
technical service provider's written appeal, the Chief or his designee, 
will make a final determination, in writing, based upon the 
administrative record and any additional information submitted to the 
Chief by the technical service provider. The decision of the Chief, or 
his designee, is final and not subject to further administrative 
review. The Chief's determination will include the reasons for 
decertification, the period of decertification, and the scope of 
decertification.


Sec.  652.37  Period of decertification.

    The period of decertification will not exceed three years in 
duration and will be decided by the decertifying official, either the 
State Conservationist or Chief, as applicable, based upon their 
weighing of all relevant facts and the seriousness of the reasons for 
decertification, mitigating factors, if any, and the following general 
guidelines:
    (a) For failures in the provision of technical service for which 
there are no mitigating factors, e.g., no remedial action by the 
technical service provider, a maximum period of three years 
decertification;
    (b) For repeated failures in the provision of technical assistance 
for

[[Page 70133]]

which there are mitigating factors, e.g., the technical service 
provider has taken remedial action to the satisfaction of NRCS, a 
maximum period of one to two years decertification; and
    (c) For a violation of certification agreement terms, e.g, failure 
to possess technical competency for a listed practice, a period of one 
year or less, if the technical service provider can master such 
competency within a year period.


Sec.  652.38  Scope of decertification.

    (a) When the technical service provider is a private sector entity 
or public agency, the decertifying official may decertify the entire 
organization, including all the individuals identified as authorized to 
provide technical services under the auspices of such organization. The 
decertifying official may also limit the scope of decertification, for 
example, to one or more specifically named individuals identified as 
authorized to provide technical services under the organization's 
auspices or to an organizational element of such private sector entity 
or public agency. The scope of decertification will be set forth in the 
decertification determination and will be based upon the facts of each 
decertification action, including whether actions of particular 
individuals can be imputed to the larger organization.
    (b) In cases where specific individuals are decertified only, an 
entity or public agency must promptly file an amended Certification 
Agreement removing the decertified individual(s) from the Certification 
Agreement. In addition, the entity or public agency must demonstrate, 
to the satisfaction of the State Conservationist, that the entity or 
public agency has taken affirmative steps to ensure that the 
circumstances resulting in decertification have been addressed.


Sec.  652.39  Mitigating factors.

    In considering whether to decertify, the period of decertification, 
and scope of decertification, the deciding official will take into 
consideration any mitigating factors. Examples of mitigating factors 
include, but are not limited to the following:
    (a) The technical service provider worked, in a timely manner, to 
correct any deficiencies in the provision of technical service;
    (b) The technical service provider took the initiative to bring any 
deficiency in the provision of their technical services to the 
attention of NRCS and sought NRCS advice to remediate the situation; 
and
    (c) The technical service provider took affirmative steps to 
prevent any failures in the provision of technical services from 
occurring in the future.


Sec.  652.40  Effect of decertification.

    (a) The Department will not make payment under a program contract 
for the technical services of a decertified technical service provider 
that were provided during the period of decertification. Likewise, NRCS 
will not procure the services of a decertified technical service 
provider during the period of decertification.
    (b) National decertification list. NRCS will maintain a list of 
decertified technical service providers. NRCS will remove decertified 
providers from the list of certified providers. Program participants 
must not knowingly hire a decertified technical service provider. It is 
the program participant's responsibility to check the decertified list 
before hiring a technical service provider. Decertification of a 
technical service provider in one State decertifies the technical 
service provider from providing technical services under current 
programs in all States, the Caribbean Area, and the Pacific Basin Area.


Sec.  652.41  Effect of filing deadlines.

    A technical service provider's failure to meet the filing deadlines 
under this subpart will result in the forfeiture of appeal rights. All 
filings must be received by NRCS no later than the close of business (5 
p.m.) the last day of the filing period.


Sec.  652.42  Recertification.

    A decertified technical service provider may apply to be re-
certified under the certification provisions of this part after the 
period of decertification has expired. A technical service provider may 
not utilize the certification renewal process in an attempt to be 
recertified after being decertified.

    Signed in Washington, DC, on November 7, 2002.
Bruce I. Knight,
Chief, Natural Resources Conservation Service.
[FR Doc. 02-29301 Filed 11-20-02; 8:45 am]
BILLING CODE 3410-16-P