[Federal Register Volume 69, Number 40 (Monday, March 1, 2004)]
[Notices]
[Pages 9575-9576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4459]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service


Notice of Availability of finding of no significant impact and 
Supplement to the environmental assessment for the Environmental 
Quality Incentives Program

AGENCY: Natural Resources Conservation Service, USDA.

ACTION: Notice of availability of finding of no significant impact and 
Supplement to the environmental assessment for the Environmental 
Quality Incentives Program.

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SUMMARY: The Natural Resources Conservation Service (NRCS), has 
prepared a Supplement to the Environmental Quality Incentives Program 
(EQIP) Environmental Assessment (EA) consistent with the National 
Environmental Policy Act of 1969, as amended. The Supplement was 
prepared as a means of amending the Final EQIP EA to correct the record 
and address comments received on the draft EQIP EA but not acknowledged 
in the final EQIP EA. Upon review of the information in the Supplement 
to the EQIP EA, the Chief of NRCS made a Finding of No Significant 
Impact (FONSI) and the determination was made that no environmental 
impact statement is required to support National implementation of 
EQIP.

FOR FURTHER INFORMATION: Copies of the Supplement to the EQIP EA and 
the FONSI, or additional information on matters related to this Federal 
Register Notice can be obtained by contacting one of the following 
individuals at the addresses and telephone numbers shown below:

Mr. Melvin Womack, Conservation Incentives Team Leader, Conservation 
Operations Division, NRCS, U.S. Department of Agriculture, PO Box 2890, 
Room 5239-S, Washington, DC 20013-2890. Telephone: (202) 720-0907.
Ms. Andr[eacute] DuVarney, National Environmental Coordinator, 
Ecological Sciences Division, NRCS, U.S. Department of Agriculture, PO 
Box 2890, Room 6158-S, Washington, DC 20013-2890. Telephone: (202) 720-
4925.

SUPPLEMENTARY INFORMATION: To implement EQIP, as amended by the Farm 
Security and Rural Investment Act of 2002, Pub. L. 107-71 (May 13, 
2002) (``the 2002 Act''), the NRCS published in the Federal Register a 
proposed rule with requests for comments (68 FR 6655 (February 10, 
2003). At the same time, NRCS made available to the public a Draft 
Environmental Assessment (EA) that analyzed the impacts of the proposed 
rule on the quality of the human environment. The Draft EA was prepared 
on a National Programmatic basis. NRCS was of the preliminary opinion, 
based on the results of the Draft EA, that implementation of EQIP would 
have no significant impact on the quality of the human environment, 
particularly when focusing on the significant adverse impacts which 
NEPA is intended to help decision makers avoid and mitigate; therefore, 
NRCS also made a Draft FONSI available to the public at that time. NRCS 
indicated that it would accept comments on the Draft EA and Draft FONSI 
through the mail or via the internet until March 12, 2003.
    On May 30, 2003, NRCS published in the Federal Register the final 
rule implementing EQIP, as amended (68 FR 32337 (May 30, 2003)), and at 
that time provided the public with notice of the availability of the 
Final EA and FONSI.
    In the Final EA, NRCS stated that it ``received no comments on the 
draft EA or draft FONSI.'' In fact, however, NRCS had received a 
comment letter on the Draft EA. NRCS misplaced these comments and they 
were not considered during formulation of the final EA that was 
prepared to comply with the National Environmental Policy Act of 1969, 
as amended (NEPA). The error was discovered after the EA and FONSI were 
made available to the public. To ensure the comments received 
appropriate consideration as part of the NEPA process, NRCS made a 
determination to correct the record and address the comments by issuing 
a supplement to the Final EQIP EA.
    NEPA requires that Federal agencies prepare Environmental Impact 
Statements (EISs) for major Federal actions significantly affecting the 
quality of the human environment. In addition, the Council on 
Environmental Quality (CEQ) regulations implementing NEPA (40 CFR parts 
1500-1508) require Federal agencies to prepare EAs to assist in 
determining whether there is a need to prepare an EIS for actions that 
have not been categorically excluded from NEPA. NRCS has reviewed the 
comments on the Draft EQIP EA to determine whether the comments provide 
new information that would lead NRCS to find that publication of the 
final rule to implement EQIP on a National basis may result in the 
significant adverse impacts that NEPA is intended to help decision 
makers avoid and mitigate; and thus, whether an EIS should be prepared.

[[Page 9576]]

    Upon review of the information in the Supplement to the EQIP EA, 
the Chief found that no new information was provided in the comments to 
indicate NRCS should address additional issues or alternatives in the 
EA or that alters discussions in the Final EA of the potential effects 
of the program from a National perspective. The Chief of NRCS further 
found, after considering the information in the comments and the 
Supplement, the program will not result in a significant impact on the 
quality of the human environment, particularly when focusing on the 
significant adverse impacts which NEPA is intended to help 
decisionmakers avoid and mitigate. Therefore, a FONSI was issued and 
the determination was made that no EIS is required to support National 
implementation of EQIP.
    Copies of the Supplement to the EA and FONSI may be reviewed at the 
following location: Conservation Operations Division, NRCS, U.S. 
Department of Agriculture, Room 5239-S, Washington, DC 20013-2890. The 
documents may also be accessed on the Internet at http://www.nrcs.usda.gov/programs/Env_Assess/EQIP/EQIP.html

    Signed in Washington, DC on February 9, 2004.
Bruce I. Knight,
Chief, Natural Resources Conservation Service.
[FR Doc. 04-4459 Filed 2-27-04; 8:45 am]
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