[Federal Register Volume 69, Number 159 (Friday, October 8, 2004)]
[Rules and Regulations]
[Pages 60283-60284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22723]



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 Rules and Regulations
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  Federal Register / Vol. 69, No. 159 / Friday, October 8, 2004 / Rules 
and Regulations  

[[Page 60283]]



DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

7 CFR Part 611


Soil Surveys

AGENCY: Natural Resources Conservation Service, USDA.

ACTION: Final rule.

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SUMMARY: The Natural Resources Conservation Service, United States 
Department of Agriculture, is amending soil survey regulations to 
reflect current law and contemporary conditions. The new rule clarifies 
soil survey operations and content of soil survey information; 
increases flexibility in disseminating soil surveys, including 
electronic dissemination; eliminates specific requirements to print and 
distribute soil survey reports; and corrects mailing addresses.
    These amendments are non-controversial changes to an existing 
regulation and are required to bring the regulation in conformity with 
statue. Therefore, NRCS believes that public notice is not needed and 
hereby issuing a final rule.

DATES: Effective October 8, 2004.

FOR FURTHER INFORMATION CONTACT: Russell Kelsea, National Leader for 
Soil Survey Technical Services, National Soil Survey Center, Natural 
Resources Conservation Service, 100 Centennial Mall North, Lincoln, 
Nebraska 68508, telephone 402-437-5878, email 
[email protected].

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    The office of Management and Budget has determined that this final 
rule is not a significant regulatory action as specified in Executive 
Order 12866.

Regulatory Flexibility Act

    The Regulatory Flexibility Act is not applicable to this final rule 
because the Natural Resources Conservation Service is not required by 5 
U.S.C. 533, or any other provision of law, to publish a notice of 
proposed rule making with respect to the subject matter of this rule.

Paperwork Reduction Act and Government Paperwork Elimination Act (GPEA)

    No recordkeeping or reporting burden is associated with this rule. 
NRCS is committed to compliance with GPEA, which requires Government 
agencies, in general, to provide the public the option of submitting 
information or transacting business electronically to the maximum 
extent possible. This rule furthers the purposes of GPEA by providing 
for the electronic dissemination of soil survey information.

Executive Order 12988

    This final rule meets the applicable standards of Executive Order 
12988.

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 and, 
therefore, a statement under section 202 of the Unfunded Mandates 
Reform Act of 1995 is not required.

Discussion

    Title 7, Code of Federal Regulations, part 611 implements 
authorities provided under several public laws. Public 74-46 (16 U.S.C. 
590a-590f, 590q) authorizes USDA to conduct soil surveys and publish 
the results of such surveys. Public Law 89-560 (42 U.S.C. 3271-3274) 
directs USDA to make soil surveys available to meet the needs of States 
and other public agencies in connection with community planning or 
natural resource development.
    Since 1968, Public Law 90-620 (at 44 U.S.C. 1342) specified that 
USDA would publish soil survey reports, printed by the Government 
Printing Office and bound in paper covers. However, that provision was 
repealed in 1996 by Section 384 of the Federal Agriculture Improvement 
and Reform Act of 1996, Public Law 104-127.
    Given the repeal of 44 U.S.C. 1342, there is nothing in law that 
requires printing of soil survey information in the traditional, paper-
bound, published soil survey format. Rather, 42 U.S.C. 3271 specifies 
that USDA should make soil survey information available to meet the 
needs of States and other public agencies. Many States and other 
agencies now require soil survey information in electronic format for 
use in geographic information systems or other database systems. 
Therefore, the existing rule in 7 CFR 611 is unnecessarily restrictive 
and is hereby being updated to reflect current technologies, user 
needs, and changes in law. The new rule does not prohibit USDA from 
printing soil surveys nor does it require that NRCS change operational 
procedures or practices. Instead, this final rule provides USDA with 
flexibility to reduce costs, improve services, and meet e-Government 
initiatives.

List of Subjects in 7 CFR Part 611

    Soil conservation.


0
Accordingly, for the reasons stated in the preamble, 7 CFR part 611 is 
revised to read as follows:

PART 611--SOIL SURVEYS

Subpart A--General
Sec.
611.1 Purpose and scope.
611.2 Cooperative relationships.
Subpart B--Soil Survey Operations
611.10 Standards, guidelines, and plans.
611.11 Soil survey information.
Subpart C--Cartographic Operations
611.20 Function.
611.21 Availability of aerial photography.
611.22 Availability of satellite imagery.

    Authority: 16 U.S.C. 590a-590f, 590q, 42 U.S.C. 3271-3274.

Subpart A--General


Sec.  611.1  Purpose and scope.

    (a) This part sets forth policy on soil survey operations of the 
Natural Resources Conservation Service (NRCS).
    (b) NRCS is responsible for soil survey activities of the U.S. 
Department of Agriculture (USDA). A soil survey provides:

[[Page 60284]]

    (1) An orderly, on-the-ground, scientific inventory of soil 
resources according to their potentialities and problems of use; and
    (2) Information about each kind of soil in sufficient detail to 
meet all reasonable needs of farmers, agricultural technicians, 
community planners, engineers, and scientists in planning and 
transferring the findings of research and experience to specific land 
areas.


Sec.  611.2  Cooperative relationships.

    (a) Soil surveys on nonfederal lands are carried out cooperatively 
with State agricultural experiment stations and other State agencies. 
The cooperative effort is evidenced in a memorandum of understanding 
setting forth guidelines for actions to be taken by each cooperating 
party in the performance of soil surveys. Similar cooperative 
arrangements exist between NRCS and other Federal agencies for soil 
surveys on Federal lands.
    (b) Arrangements for nonfederal financial participation in the cost 
of soil surveys may be made with States, counties, soil conservation 
districts, planning agencies,, and other local groups.

Subpart B--Soil Survey Operations


Sec.  611.10  Standards, guidelines, and plans.

    (a) NRCS conducts soil surveys under national standards and 
guidelines for naming, classifying, and interpreting soils and for 
disseminating soil survey information.
    (b) A soil survey Memorandum of Understanding (MOU) is prepared 
prior to the start of each soil survey project, or a work plan is 
prepared for soil survey maintenance activities. These documents 
provide specific details and technical specifications to support the 
interpretive and data needs of the area to be surveyed. The MOU is 
signed by representatives of NRCS, land grant universities, and in some 
States representatives of other State agencies. Federal land 
administering agencies also sign the MOU if federal lands are included 
in the survey.


Sec.  611.11  Soil survey information.

    (a) Availability. NRCS disseminates soil survey information to the 
public by any of the means described in paragraph (d) of this section. 
NRCS makes soil survey information available as soon as is practicable 
following field work or other soil survey activity that provides new 
soil survey information.
    (b) Content. Soil survey information conforms with standards and 
meets the needs identified in the soil survey MOU or work plan as 
described in Sec.  611.10 of this part. Soil survey information 
includes: (1) Soil maps that delineate the location and extent of 
various soil areas;
    (2) Soil characteristics for each of the soil areas shown on soil 
maps;
    (3) Interpretations of the soil characteristics; and
    (4) Information about the source, version, and applicability or 
limitations associated with the soil survey information.
    (c) Maintenance. Soil survey information is reviewed on a periodic 
basis to ensure that the information continues to meet evolving needs.
    (d) Distribution. Soil survey information is disseminated to the 
public through electronically accessible maps and reports, electronic 
access to data files, or printed documents. To the extent practicable, 
as limited by commonly accepted technology, soil survey information is 
disseminated in electronic form.
    (e) Resource conservation plan data. Information prepared 
specifically for use in developing resource conservation plans for soil 
conservation district cooperators is considered confidential. Soil maps 
and interpretations prepared for this use will not be made available to 
others without the consent of the landowner as well as the district 
governing body. However, soil survey information from which the 
conservation plan was developed may be disseminated as described in 
paragraph (a) of this section.

Subpart C--Cartographic Operations


Sec.  611.20  Function.

    The NRCS National Cartography and Geospatial Center provides 
cartographic services needed to carry out NRCS functions. Cartographic 
services include general cartography, photogrammetry, aerial 
photography, planimetric and topographic mapping, drafting, and 
specialized types of reproduction.


Sec.  611.21  Availability of aerial photography.

    The National Cartography and Geospatial Center obtains necessary 
clearance for all aerial photography for NRCS. New aerial photography 
of designated areas in the United States is obtained yearly by NRCS 
through competitive contracting. This photography is obtained only 
after it is determined that imagery of these areas available from other 
sources does not meet NRCS scale and quality requirements. Orders for 
reproductions of NRCS aerial photography are subject to the fee 
schedule cited in Sec.  1.2(b) of this title. Order reproductions from 
the National Cartography and Geospatial center: USDA--National 
Resources Conservation Service; P.O. Box 6567, FWFC-Bldg. 23; 501 W. 
Felix Street; Forth Worth, Texas 76115.


Sec.  611.22  Availability of satellite imagery.

    Cloud-free maps of the United States based on imagery received from 
a satellite are prepared and released to the pubic by NRCS. The maps 
offer the first image of the United States not obscured by clouds or 
distortions. Orders or requests for information should be directed to 
the National Cartography and Geospatial Center, USDA--Natural Resources 
Conservation Service; P.O. Box 6567, FWFC-Bldg. 23; 501 W. Felix 
Street; Forth Worth, Texas 76115. Orders are subject to the fee 
schedule cited in Sec.  1.2(b) of this title.

    Signed in Washington, DC on September 23, 2004.
Bruce I. Knight,
Chief, Natural Resources Conservation Service.
[FR Doc. 04-22723 Filed 10-7-04; 8:45 am]
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