[Federal Register Volume 74, Number 47 (Thursday, March 12, 2009)]
[Rules and Regulations]
[Pages 10674-10676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5087]


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DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1466

RIN 0578-AA45


Environmental Quality Incentives Program Correction

AGENCY: Commodity Credit Corporation, Natural Resources Conservation 
Service, United States Department of Agriculture.

ACTION: Interim final rule; correction; extension of comment period.

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SUMMARY: The Commodity Credit Corporation (CCC) published in the 
Federal Register of January 15, 2009, an interim final rule with 
request for comment amending the program regulations for the 
Environmental Quality Incentives Program (EQIP) to incorporate 
programmatic changes authorized by the Food, Conservation,

[[Page 10675]]

and Energy Act of 2008 (2008 Act). The language in the interim final 
rule regarding the application of the payment limitation to joint 
operations was incorrect and is inconsistent with payment attributions 
specified in the regulation which governs payment limitations and 
eligibility determinations for CCC-funded programs. This document 
corrects that language. CCC is also using the opportunity presented by 
this rulemaking to extend the comment period and ask for public input 
on key programmatic implementation questions.

DATES: This correction is effective on March 12, 2009. Submit comments 
on or before April 17, 2009. The comment period for the EQIP Interim 
Final Rule published on January 15, 2009 (74 FR 2293) is hereby 
extended and comments must be received on or before April 17, 2009. 
Additionally, NRCS has reopened and extended the public comment period 
for the Environmental Analysis (EA) and Finding of No Significant 
Impact (FONSI) until April 17, 2009. A copy of the EA and FONSI may be 
obtained, and comments submitted, as provided for in the January 15, 
2009, EQIP interim final rule.

FOR FURTHER INFORMATION CONTACT: Gregory Johnson, Director, Financial 
Assistance Programs Division, U.S. Department of Agriculture, Natural 
Resources Conservation Service, Room 5237, P.O. Box 2890, Washington, 
DC 20013-2890; Phone: (202) 720-1845; Fax: (202) 720-4265.

SUPPLEMENTARY INFORMATION: The CCC published an interim final rule in 
the Federal Register of January 15, 2009 (74 FR 2293), amending the 
program regulations for EQIP found at 7 CFR part 1466. The language in 
the interim final rule regarding the application of the payment 
limitation to joint operations was incorrect. The EQIP interim final 
rule inadvertently applied the $300,000 payment limitation to joint 
operations. A joint operation is composed of members who may be either 
persons or legal entities. As specified under 7 CFR part 1400, payment 
limitations are determined on a pro-rata basis in accordance with the 
``interest held by the person or legal entity in any other legal entity 
or joint operation.'' Based on how joint operations are characterized 
in part 1400.106, the $300,000 payment limit applies to each person or 
legal entity that comprises the joint operation. Within the preamble of 
7 CFR part 1466, the discussion on payment limitation should apply 
solely to persons or legal entities. References in that preamble to 
payment limitations on joint operations are hereby deleted.

Request for Public Input

    USDA furthers the Nation's ability to increase renewable energy 
production and conservation, mitigate the effects and adapt to climate 
change, and reduce net carbon and greenhouse gas (GHG) emissions 
through various assistance programs.
    USDA is increasing renewable energy production through facilitating 
the availability, adoption, and use of wind, solar, and biofuel energy 
sources. USDA encourages renewable energy production by funding biofuel 
technology transfer under Conservation Innovation Grants and through 
facilitating wind and solar power generation facilities for on-farm use 
on conservation lands under the Conservation Reserve Program and the 
Grassland Reserve Program.
    Energy conservation is improved through more efficient equipment 
and processes. EQIP fosters energy conservation on farms and ranches by 
promoting efficient water irrigation systems, no-till, and nutrient 
management and promoting renewable energy production by installing 
solar-generated electric fences.
    The effects of climate change can be mitigated through improving 
the adaptability of ecosystems and flexibility of agricultural 
management systems, including reductions in GHG emissions. The Wildlife 
Habitat Incentive Program improves ecosystem adaptability by enhancing 
wildlife habitat biodiversity, and the Agricultural Management 
Assistance program promotes flexible management system through 
integrated pest management.
    Climate change adaptation occurs through the adoption of 
alternative management systems which respond to changes such as 
decreasing precipitation, longer growing seasons, and increasing 
vulnerability to pest damage. USDA conservation programs, such as the 
Agricultural Water Enhancement Program, encourage the adoption of water 
conservation systems and dry land farming.
    Net carbon emissions can be reduced by reducing fossil fuel use or 
increasing the land's carbon storage capacity. USDA conservation 
programs, such as EQIP, assist participants with reducing fossil fuel 
use through no-till and other conservation tillage cropping systems 
which require fewer trips over a field with a tractor. The Wetlands 
Reserve Program and Healthy Forests Reserve Program sequester carbon by 
encouraging agricultural land reforestation. The Conservation 
Stewardship Program encourages practices that improve soil carbon 
storage.
    While much is underway, USDA has adopted a proactive strategy to 
increase its ability to meet these critical National needs. Therefore, 
CCC is using this rulemaking opportunity to obtain input from the 
public on how EQIP can achieve its program purposes and further the 
Nation's efforts with renewable energy production, energy conservation, 
mitigating the effects of climate change, facilitating climate change 
adaptation, or reducing net carbon emissions. For further information 
on these subjects you may wish to look at the following Web site: 
http://www.koshland-science-museum.org/exhibitgcc/.

0
For the reasons stated in the preamble, the CCC amends part 1466 of 
Title 7 of the Code of Federal Regulations as set forth below:

PART 1466--ENVIRONMENTAL QUALITY INCENTIVES PROGRAM

0
1. The authority citation for part 1466 continues to read as follows:


    Authority: 15 U.S.C. 714b and 714c; 16 U.S.C. 3839aa-3839aa-8.

0
2. Amend Sec.  1466.24 by revising paragraphs (a), (b), and (c) to read 
as follows:


Sec.  1466.24  EQIP Payments.

    (a) Except for contracts entered into prior to October 1, 2008, or 
as provided in paragraph (b) of this section, the total amount of 
payments paid to a person or legal entity under this Part may not 
exceed an aggregate of $300,000, directly or indirectly, for all 
contracts, including prior year contracts, entered into during any 6-
year period. For the purpose of applying this requirement, the 6-year 
period will include those payments made in fiscal years 2009-2014. 
Payments received for technical assistance shall be excluded from this 
limitation.
    (b) The Chief may waive the $300,000 payment limitation, allowing 
up to $450,000 per person or legal entity for projects of special 
environmental significance, as defined in Sec.  1466.21(d).
    (c) Payments for conservation practices related to organic 
production to a person or legal entity, directly or indirectly, may not 
exceed in aggregate $20,000 per year or $80,000 during any 6-year 
period.
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[[Page 10676]]


    Signed this 4th day of March 2009, in Washington, DC.
Dave White,
Acting Vice President, Commodity Credit Corporation and Acting Chief, 
Natural Resources Conservation Service.
 [FR Doc. E9-5087 Filed 3-11-09; 8:45 am]
BILLING CODE 3410-16-P