[Federal Register Volume 72, Number 158 (Thursday, August 16, 2007)]
[Rules and Regulations]
[Pages 45879-45880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16175]



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 Rules and Regulations
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  Federal Register / Vol. 72, No. 158 / Thursday, August 16, 2007 / 
Rules and Regulations  

[[Page 45879]]



DEPARTMENT OF AGRICULTURE

Farm Service Agency

7 CFR Part 701

RIN 0560-AH71


Emergency Conservation Program

AGENCY: Farm Service Agency, USDA.

ACTION: Final rule.

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

SUMMARY: This final rule provides the change mandated by the U.S. Troop 
Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability 
Appropriations Act, 2007 (the 2007 Emergency Supplemental). The 2007 
Emergency Supplemental provided $16 million for the Emergency 
Conservation Program (ECP) and required that the Adjusted Gross Income 
Limitation (AGI) apply to the distribution of the funds.

EFFECTIVE DATE: August 16, 2007.

FOR FURTHER INFORMATION CONTACT: Clayton Furukawa, ECP Program Manager, 
Conservation and Environmental Programs Division, USDA/FSA/CEPD STOP 
0513, 1400 Independence Avenue, SW., Washington, DC 20250-0513, 
telephone 202-690-0571, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The ECP provides cost-share assistance to farmers and ranchers to 
rehabilitate farmland damaged by wind erosion, floods, hurricanes, or 
other natural disasters, and for carrying out emergency water 
conservation measures during periods of severe drought.
    The 2007 Emergency Supplemental (Pub. L. 110-28) appropriated $16 
million for the ECP. The 2007 Emergency Supplemental also required that 
the Adjusted Gross Income (AGI), 7 U.S.C. 1308-3a, apply to this $16 
million.
    This regulation incorporates the AGI provisions into the ECP. This 
will be the first time the AGI will be applied to the ECP; however, it 
has been used with other programs administered by FSA.
    The use of the AGI limitation is addressed in the regulations in 7 
CFR part 1400, subpart G, Average Adjusted Gross Income Limitation 
(sections 1400.600--1400.603). Section 1400.600 specifies applicability 
of the AGI limitation. In general, an individual or entity is not 
eligible for certain program benefits during a crop, program, or fiscal 
year, if (1) the preceding three-year average of the AGI for the 
individual or entity exceeds $2.5 million and (2) less than 75 percent 
of the average AGI is derived from farming, ranching, or forestry 
operations. Section 1400.601 specifies the determination of average 
adjusted gross income. Section 1400.602 specifies the information 
applicants must provide to comply with the regulations. Section 
1400.603 specifies the amount payment will be reduced commensurate with 
the AGI limitation.
    All other aspects of the ECP will continue to operate in the 
current manner; this change incorporating the AGI limitation will only 
apply to payment eligibility for the newly-funded $16 million. Other 
ECP program funds may be available for which the AGI provision does not 
apply. Other than the addition of the AGI limitation for the newly 
funded $16 million, current ECP regulations remain unchanged.

Notice and Comment

    Due to the non-discretionary nature of this regulatory change, 
notice and public comment are impracticable, unnecessary, or contrary 
to the public interest. The 2007 Emergency Supplemental required that 
FSA apply the AGI to the ECP for payments under the newly-funded $16 
million. FSA will apply the AGI as it does for other programs it 
administers; the current AGI regulations will remain unchanged. 
Further, allowing the rule to be effective upon publication will allow 
FSA to fully implement the change and more quickly distribute the $16 
million to provide cost-share assistance to farmers and ranchers to 
rehabilitate farmland damaged by wind erosion, floods, hurricanes, or 
other natural disasters, and for carrying out emergency water 
conservation measures during periods of severe drought. Therefore, a 
proposed rule is not required and this regulatory change is being 
issued as a final rule.

Executive Order 12866

    This rule has been determined to be not significant under Executive 
Order 12866 and has been reviewed by the Office of Management and 
Budget.

Regulatory Flexibility Act

    This rule is not subject to the Regulatory Flexibility Act since 
the FSA is not required to publish a notice of proposed rulemaking for 
this rule.

Environmental Review

    FSA has determined that the application of the AGI limitation to 
distribute certain funds for the Emergency Conservation Program (ECP) 
does not constitute a major Federal action that would significantly 
affect the human or natural environment. Consistent with the National 
Environmental Policy Act (NEPA), 40 CFR part 1502.4, major Federal 
actions requiring the preparation of Environmental Impact Statements, 
and 7 CFR Part 799: Environmental Quality and Related Environmental 
Concerns--Compliance with NEPA implementing the regulations of the 
Council on Environmental Quality, 40 CFR parts 1500-1508, no 
environmental assessment or environmental impact statement will be 
prepared for this final rule.

Executive Order 12372

    This program is not subject to the provisions of Executive Order 
12372, which requires intergovernmental consultation with State and 
local officials. See the Notice related to 7 CFR part 3015, subpart V, 
published at 48 FR 29115 (June 24, 1983).

Executive Order 12612

    This rule does not have Federalism implications that warrant the 
preparation of a Federalism Assessment. This rule will not have a 
substantial direct effect on States or their political subdivisions or 
on the distribution of power and responsibilities among the various 
levels of government.

Executive Order 12988

    This rule has been reviewed in accordance with Executive Order 
12988. This final rule is not retroactive and it does not preempt State 
law. Before any

[[Page 45880]]

judicial action may be brought regarding the provisions of this rule 
the administrative appeal provisions of 7 CFR parts 11 and 780 must be 
exhausted.

Unfunded Mandates Reform Act of 1995

    This rule contains no Federal mandates under the regulatory 
provisions of Title II of the UMRA for State, local, and tribal 
government or the private sector. Therefore, this rule is not subject 
to the requirements of sections 202 and 205 of the UMRA.

Paperwork Reduction Act

    The Office of Management and Budget (OMB) previously approved the 
information collection requirements of the ECP under OMB control number 
0560-0082. This rule will not change those information collection 
requirements. A separate notice requesting comments was published in 
the Federal Register on July 26, 2007 (72 FR 41051) for the information 
collection requirements for the collection of AGI information.

E-Government Act Compliance

    FSA is committed to complying with the E-Government Act, to promote 
the use of the Internet and other information technologies to provide 
increased opportunities for citizen access to Government information 
and services, and for other purposes.

Federal Assistance Program

    The title and number of the Federal Assistance Program, as found in 
the Catalog of Federal Domestic Assistance, to which this rule applies 
are: Emergency Conservation Program (ECP)--10.054.

List of Subjects in 7 CFR Part 701

    Agriculture, Disaster assistance, Environmental protection, Forests 
and forest products, Grant programs--agriculture, Grant programs--
natural resources, Reporting and recordkeeping, Rural areas, Soil 
conservation, Water resources, Wildlife.

0
Accordingly, amend 7 CFR part 701 as follows:

PART 701--EMERGENCY CONSERVATION PROGRAM AND CERTAIN RELATED 
PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART

0
1. Revise the authority citation to read as follows:

    Authority: Pub. L. 95-334, 92 Stat. 420, 16 U.S.C. 2201-2205; 
Pub. L. 109-148, Division B, sec. 101; and Pub. L. 110-28, secs. 
9003-9004.
0
2. Add new Sec.  701.17 to read as follows:


Sec.  701.17  Average Adjusted Gross Income Limitation

    To be eligible for payments issued from the $16 million provided 
under the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and 
Iraq Accountability Appropriations Act, 2007 (Pub. L. 110-28, section 
9003), each applicant must meet the provisions of the Adjusted Gross 
Income Limitations at 7 CFR part 1400 subpart G.

    Signed at Washington, DC, on August 9, 2007.
Glen L. Keppy,
Acting Administrator, Farm Service Agency.
 [FR Doc. E7-16175 Filed 8-15-07; 8:45 am]
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