[Federal Register Volume 74, Number 241 (Thursday, December 17, 2009)]
[Rules and Regulations]
[Pages 66907-66914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30055]



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  Federal Register / Vol. 74, No. 241 / Thursday, December 17, 2009 / 
Rules and Regulations  

[[Page 66907]]



DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

7 CFR Part 610


State Technical Committees

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

ACTION: Final rule.

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

SUMMARY: The Natural Resources Conservation Service (NRCS) is 
publishing a final rule that sets forth the policies for State 
Technical Committees at 7 CFR part 610, subpart C. NRCS published the 
State Technical Committee interim final rule in the Federal Register on 
November 25, 2008. NRCS published standard operating procedures for 
State Technical Committees as a notice in the Federal Register on April 
7, 2009. The public was invited to comment on both the interim final 
rule and the standard operating procedures. This final rule 
incorporates changes made to 7 CFR part 610, subpart C, in response to 
public comments received on the interim final rule and the standard 
operating procedures. Subsequent to the publication of this final rule, 
and utilizing the comments received, NRCS will make further updates to 
its standard operating procedures.

DATES: Effective Date: The rule is effective December 17, 2009.

ADDRESSES: This notice may be accessed via the Internet. Users can 
access the NRCS homepage at: http://www.nrcs.usda.gov/; select the Farm 
Bill link from the menu. Persons with disabilities who require 
alternative means for communication (Braille, large print, audio tape, 
etc.) should contact the USDA Target Center at: (202) 720-2600 (voice 
and TDD).

FOR FURTHER INFORMATION CONTACT: Dan Lawson, Acting Director, 
Conservation Planning and Technical Assistance Division, Department of 
Agriculture, Natural Resources Conservation Service, 1400 Independence 
Avenue, SW., Room 6015 South Building, Washington, DC 20250; telephone: 
(202) 720-1510; fax: (202) 720-2998; or e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Regulatory Certifications

Executive Order 12866

    The Office of Management and Budget (OMB) has determined this final 
rule is not significant and will not be reviewed by OMB under Executive 
Order 12866.

Regulatory Flexibility Act

    The final rule will not have a significant environmental impact on 
small entities. NRCS has determined that the Regulatory Flexibility Act 
does not apply.

Civil Rights Impact Analysis

    NRCS has determined through a Civil Rights Impact Analysis that the 
State Technical Committee final rule discloses no disproportionately 
adverse impact for minorities, women, or persons with disabilities. The 
incorporated changes to 7 CFR part 610, subpart C, were required by the 
Food, Conservation, and Energy Act of 2008 (2008 Act). The 2008 Act 
changed the composition and responsibilities of the State Technical 
Committees. Specifically, the 2008 Act added ``agricultural producers 
and other professionals that represent a variety of disciplines in the 
soil, water, wetland, and wildlife sciences'' and ``owners of 
nonindustrial private forest land'' as members of the committee. The 
2008 Act removed the U.S. Fish and Wildlife Service as a statutorily 
identified member of the committee, and modified the requirement for 
agriculture producer member participation. Agriculture producer members 
are no longer required to have conservation expertise. Agriculture 
producer members are now required to represent a variety of crops and 
livestock or poultry raised within the State. The Secretary continues 
to have discretionary authority to include other agency personnel with 
expertise in soil, water, wetland, and wildlife management. These 
changes are reflected in Sec.  610.22 of this regulation, and the 
language in the standard operating procedures addresses the composition 
of the committees which is broad enough to add members that have 
experience to address agricultural and natural resources issues 
regardless of race, color, national origin, gender, sex, or disability 
status. Outreach and communication strategies are in place to ensure 
that potential members will be provided the same information to allow 
them to make informed decisions regarding membership. The State 
Technical Committee membership applies to all persons equally 
regardless of race, color, national origin, gender, sex, or disability 
status. Therefore, the State Technical Committee rule portends no 
adverse civil rights implications for minorities, women, or persons 
with disabilities. Copies of the Civil Rights Impact Analysis may be 
obtained from Dan Lawson, Acting Director, Conservation Planning and 
Technical Assistance Division, Department of Agriculture, Natural 
Resources Conservation Service, 1400 Independence Avenue, SW., Room 
6015 South Building, Washington, DC 20250.

Environmental Analysis

    The final rule involves the establishment of State Technical 
Committees. As provided by 7 CFR part 1b.3--Categorical Exclusions, the 
final rule involves administrative functions that are categorically 
excluded from further environmental review under the National 
Environmental Policy Act. Specifically, 7 CFR part 1b.3 states: (a) The 
following are categories of activities which have been determined not 
to have a significant individual or cumulative effect on the human 
environment and are excluded from the preparation of an environmental 
assessment or environmental impact statement, unless individual agency 
procedures prescribed otherwise.
    (1) Policy development, planning, and implementation which relate 
to routine activities, such as personnel, organizational changes, or 
similar administrative functions;
    (2) Activities which deal solely with the funding of programs, such 
as program budget proposals, disbursements, and transfer or 
reprogramming of funds;
    (3) Inventories, research activities, and studies, such as resource 
inventories and routine data collection

[[Page 66908]]

when such actions are clearly limited in context and intensity;
    (4) Educational and informational programs and activities;
    (5) Civil and criminal law enforcement and investigative 
activities;
    (6) Activities which are advisory and consultative to other 
agencies and public and private entities, such as legal counseling and 
representation; and
    (7) Activities related to trade representation and market 
development activities abroad.
    The State Technical Committee rule meets the criteria for being a 
categorical exclusion under Sec.  1b.3(1) policy development, planning, 
and implementation which relate to routine activities, such as 
personnel, organizational changes, or similar administrative functions; 
and Sec.  1b.3(6) activities which are advisory and consultative to 
other agencies and public and private entities, such as legal 
counseling and representation.

Paperwork Reduction Act

    Section 2904 of the 2008 Act provides that the promulgation of 
regulations and administration of Title II of the Act will be made 
without regard to chapter 35 of Title 44 of the U.S.C., also known as 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 
Therefore, NRCS is not reporting recordkeeping or estimated paperwork 
burden associated with this final rule.

Executive Order 12988

    This final rule has been reviewed in accordance with Executive 
Order 12988, Civil Justice Reform. The provisions of this final rule 
are not retroactive. The provisions of this final rule preempt State 
and local laws to the extent that such laws are inconsistent with this 
final rule. Before an action may be brought in a Federal court of 
competent jurisdiction, the administrative appeal rights afforded 
persons at parts 11, 614, and 780 of Title 7 of the CFR must be 
exhausted.

Executive Order 13132

    This final rule has been reviewed in accordance with the 
requirements of Executive Order 13132, Federalism. The Department of 
Agriculture (USDA) has determined that this final rule conforms with 
the Federalism principles set forth in the Executive Order; would not 
impose any compliance costs on the States; and would not have 
substantial direct effects on the States, on the relationship between 
the Federal Government and the States, or on the distribution of power 
and responsibilities on the various levels of government. Therefore, 
USDA concludes that this final rule does not have Federalism 
implications.

Executive Order 13175

    This final rule has been reviewed in accordance with Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments. NRCS has assessed the impact of this final rule on Indian 
Tribal governments and has concluded that this rule will not have 
substantial direct effects on one or more Indian Tribes, on the 
relationship between the Federal Government and Indian Tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian Tribes.

Unfunded Mandates Reform Act of 1995

    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.

Discussion of State Technical Committees

Interim Final Rule and Standard Operating Procedures

    NRCS published an interim final rule on November 25, 2008. This 
rule incorporated changes to 7 CFR part 610, subpart C, required by the 
2008 Act amendments to Subtitle G of Title XII of the Food Security Act 
of 1985 (1985 Act). The 2008 Act changed the composition and 
responsibilities of State Technical Committees. Specifically, the 2008 
Act added ``agricultural producers and other professionals that 
represent a variety of disciplines in the soil, water, wetland, and 
wildlife sciences'' and ``owners of nonindustrial private forest land'' 
as eligible members of the committee. The 2008 Act removed several 
Federal agencies as statutorily identified members of the committee, 
and modified the requirement for agriculture producer member 
participation. The requirement that agricultural producer members have 
``demonstrable conservation expertise'' was deleted and replaced with a 
requirement that agricultural producer members represent a variety of 
crops and livestock or poultry raised within the State. NRCS continues 
to have discretionary authority to include other agency personnel with 
expertise in soil, water, wetland, and wildlife management. These 
changes were reflected in Sec.  610.22 of the interim final rule.
    Section 1261(c) of the 1985 Act, as revised by the 2008 Act, states 
that: ``each State Technical Committee will be composed of agricultural 
producers and other professionals that represent a variety of 
disciplines in soil, water, wetland, and wildlife sciences.'' To ensure 
that recommendations of State Technical Committees take into account 
the needs of the diverse groups served by USDA, the interim final rule 
provided in Sec.  610.22 that committee membership will include, to the 
extent practicable, individuals with demonstrated ability to represent 
the conservation and related technical concerns of particular 
historically underserved groups and individuals; i.e. minorities, 
women, persons with disabilities, socially and economically 
disadvantaged groups, and beginning farmers and ranchers. Since the 
State Conservationist determines the membership on the State Technical 
Committee, individuals or groups wanting to participate as members may 
submit to the State Conservationist a request that explains their 
interest and outlines their relevant credentials for becoming a member. 
The State Conservationist ensures that all interests are adequately 
represented and heard on the committee, and that the recommendations, 
when adopted, address natural resource concerns.
    Section 1261 of the 1985 Act provides that each committee is 
advisory and has no implementation or enforcement authority. The 2008 
Act amendments continue this provision in Section 1262(c)(1). However, 
in Section 1262(c)(2), the committees' role is expanded to provide 
advice on whether Local Work Groups are addressing State priorities. In 
the interim final rule, NRCS revised Sec.  610.24(c) to incorporate 
this change.
    The 2008 Act amendments to Section 1261(b)(1) require the Secretary 
to establish standard operating procedures for committees. NRCS 
published standard operating procedures as a notice in the Federal 
Register on April 7, 2009. NRCS incorporated these procedures in agency 
directives which are available through the NRCS State Technical 
Committees' Web site and offices.
    The 2008 Act stated that any Local Working Group will be considered 
to be a subcommittee of the applicable State Technical Committee, and 
thus exempt from the Federal Advisory Committee Act (FACA). NRCS 
changed Sec.  610.21, Purpose and Scope, and Sec.  610.25, Specialized 
Subcommittees, in the

[[Page 66909]]

interim final rule to incorporate this statutory provision.

Discussion of Comments

    NRCS received a total of 16 responses from Soil and Water 
Conservation Districts (SWCDs), State Associations of Conservation 
Districts, Indian Nations Conservation Alliance, conservation and 
agriculture interests, State natural resource agencies, Association of 
Fish and Wildlife Agencies, and a Federal agency. NRCS received many 
positive comments including the following: One respondent appreciated 
the use of subcommittees to address specific issues; another respondent 
applauded the change exempting Local Working Groups from the FACA in 
order that stakeholders may also take part in the discussion; three 
respondents approved of the addition of the State Technical Committees' 
role in the review of Local Working Groups to ensure consistency; 
another respondent approved of the public attendance at meetings; one 
respondent supported the 14-day public notice; another respondent 
expressed support for the standard operating procedures; and one 
respondent supported the addition of ``owners of non-industrial private 
forest land'' required by the 2008 Act. NRCS appreciates receiving this 
feedback which affirms the language in the interim final rule and 
standard operating procedures.
    Other comments generally reflected the need for NRCS to enhance 
communication between the agency and the committees, as well as ensure 
that all groups are adequately represented on the committees. The 
comments are categorized by topic.

1. Responsibilities of State Technical Committees

    Comment: Seven respondents requested that NRCS expand the list of 
activities in Sec.  610.24(a). Among these responses, one respondent 
recommended NRCS include Highly Erodible Land and Wetland Conservation 
provisions; two respondents requested the Conservation Cooperative 
Partnership Initiative (CCPI); one recommended the Agricultural 
Management Assistance (AMA) Program be added; another respondent 
recommended adding the Conservation Innovation Grants and the 
Agricultural Water Enhancement Program; another respondent requested 
interim conservation practice standard creation and revision be added, 
including conservation practice standards for specialty crops, organic 
production, precision agriculture, energy conservation and bioenergy 
production, native and managed pollinators, and forestry; and another 
respondent requested State-specific conservation practice standards, 
policies, guidelines, and programs.
    One respondent requested Sec.  610.24 be expanded to include after 
the list of programs the following: ``Each State Technical Committee 
may also provide advice on such other programs or conservation issues 
as may be requested by the State Conservationist.''
    Response: NRCS partially agrees with the respondents and amends 
Section Sec.  610.24(a) to include the CCPI and conservation practice 
standards and specifications. The AMA Program is not listed since it is 
not a Title XII program under the 1985 Act, and therefore not 
encompassed by the statutory authority of State Technical Committees 
under Subtitle G of Title XII. In response to the comments received, 
NRCS is inserting ``not limited to'' in the sentence preceding the 
listed activities and programs. This is to clarify that State Technical 
Committees may offer recommendations on programs and activities other 
than the ones listed as long as they are within Title XII.
    Comment: One respondent recommended adding subprogram allocation 
decisions to the list of recommendations to be made by the State 
Technical Committee in Sec.  610.24 (a).
    Response: No changes were made to the rule in response to this 
comment. NRCS believes the updated language in Sec.  610.24 allows for 
the issue to be a topic of discussion for State Technical Committees.

2. State Technical Committee and Local Working Group Membership

    Comments: Numerous comments were received regarding the composition 
of State Technical Committees and Local Working Groups. Two respondents 
were concerned that State Conservationists may be more restrictive than 
Congress intended. Respondents suggested a number of adjustments to 
specifically recognize certain groups including: Tribal conservation 
districts; non-profit organizations with expertise reaching beginning 
and socially disadvantaged farmers and ranchers; U.S. Fish and Wildlife 
Service; a representative of State Fish and Wildlife Agencies; State 
Forestry Associations; and representatives from Federal, State or local 
government agencies with statutory responsibility for the resources 
being analyzed by the subcommittee. They also requested clarification 
that the list is not exhaustive and that the requirement for 
agriculture producers to have conservation expertise be reinstated.
    Another respondent wanted a broad array of agencies, organizations, 
producers, and conservation professionals to serve on Local Working 
Groups, and another respondent commented that the State Conservationist 
should have broad latitude to invite and allow varied expertise while 
keeping the State Technical Committee to a workable size.
    Another respondent requested that the standard operating procedures 
make it clear that Local Working Groups need to include members with 
expertise to identify the most significant environmental challenges 
associated with agriculture production.
    Response: The 2008 Act removed specific membership for several 
Federal agencies and supported broad representation from the 
agriculture community. The interim final rule mirrored the statute in 
terms of the composition of the State Technical Committee. However, 
NRCS believes it is important to obtain and utilize the expertise of 
representatives from the conservation and agriculture communities, as 
well as Federal and State agencies, and does not want to limit a State 
Conservationist's ability to have access to necessary resources. NRCS 
has incorporated the following policy in the standard operating 
procedures: ``* * * the State Conservationist will invite other Federal 
agencies and persons knowledgeable about economic and environmental 
impacts of conservation techniques and programs to participate, as 
needed.'' Additionally, NRCS incorporated language in Sec.  610.22 of 
this final rule to address membership concerns. Specifically, NRCS 
revised the language in paragraph (a)(6) to remove the acreage size 
requirement for the Federally recognized Indian Tribes; in paragraph 
(b) added as invitees State and regional agencies and organizations; in 
paragraph (c) added Beginning Farmers and Ranchers; and in paragraph 
(d) clarified that it is the responsibility of the State 
Conservationist to seek a balanced representation of interests among 
the membership.
    Further, NRCS addressed concerns related to historically 
underserved groups by including the following in the standard operating 
procedures: ``To ensure that recommendations of State Technical 
Committees take into account the needs of diverse groups served by 
USDA, membership will include, to the extent practicable, individuals 
with demonstrated ability to represent the conservation and related 
technical concerns of particular historically

[[Page 66910]]

underserved groups and individuals including, but not limited to, the 
following:
     Minorities;
     Women;
     Persons with disabilities; and
     Socially and economically disadvantaged groups.''
    Comments: Two respondents requested that NRCS revise Sec.  
610.22(d) regarding decisions to deny membership. One respondent 
recommended NRCS require that if the State Conservationist rejects an 
application for participation, they inform the applicant of the grounds 
for rejection. Another respondent recommended specific language related 
to the ability to appeal these decisions. One respondent recommended 
the statement, ``It is the State Conservationist's responsibility to 
ensure equal representation of all interests'' be included. Another 
respondent recommended that NRCS insert the word ``individual'' before 
the word ``membership.''
    Response: NRCS agrees with most of the comments and has 
incorporated the following language in the standard operating 
procedures, ``The State Conservationist will respond to requests for 
State Technical Committee membership in writing within a reasonable 
period of time, not to exceed 60 days.'' In Sec.  610.22(d) of the 
final rule, NRCS added clarification that it is the responsibility of 
the State Conservationist to seek a balanced representation of 
interests among the membership on the State Technical Committee. 
However, decisions related to membership are at the discretion of the 
State Conservationist.
    Comment: One respondent commented that most Tribal conservation 
districts and many socially disadvantaged community-based organizations 
do not have the resources to pay travel expenses for a representative 
to attend State Technical Committee meetings. The respondent asked 
whether NRCS can cover the cost of these travel expenses.
    Response: Tribal conservation districts and socially disadvantaged 
farmers and ranchers' participation in State Technical Committee 
meetings is important to NRCS. NRCS is not offering to pay expenses of 
State Technical Committee participants; however, State Conservationists 
may have various means of facilitating the participation of producers 
and organizations in State Technical Committee meetings such as the use 
of net conference hook-ups in remote locations, holding State Technical 
Committee meetings in strategic locations, and other arrangements. If 
an individual or an organization is having difficulty participating on 
the State Technical Committee because of limited financial resources, 
it is recommended that the matter be brought to the attention of the 
State Conservationist. No changes were made to the rule in response to 
this comment.
    Comment: One respondent recommended that Sec.  610.24 be 
extensively rewritten prior to issuing the final rule. The rewrite 
should include a clear description of the membership and meetings of 
State Technical Committee subcommittees, including but not limited to 
Local Working Groups, and should include a clear and comprehensive 
description of the Local Working Group's responsibilities.
    Response: In response to this comment, NRCS has incorporated 
language in the standard operating procedures relating to these issues 
and has modified Sec.  610.25(b)(3) in the final rule. The public can 
view the standard operating procedures at the following Web address: 
http://directives.sc.egov.usda.gov/, or obtain a copy from their local 
NRCS office.
    Comment: One respondent recommended that NRCS revise Sec.  
610.25(b) and in the interim, before issuing the final rule, issue more 
immediate guidance to direct State Conservationists to include non-
profit organizations to participate on Local Working Groups.
    Response: NRCS has modified Sec.  610.25(b)(3) as a result of this 
comment. Also, the recently published standard operating procedures 
contain a discussion on membership of Local Working Groups and will be 
updated as a result of this and other comments.
    Comment: One respondent commented that it is important that the 
rule is clear that the work of State Technical Committees will continue 
even if some required representatives choose not to participate 
regularly.
    Response: NRCS concurs with the suggestion and will insert ``if 
willing to serve'' in the final rule to clarify that the work of State 
Technical Committees will continue in the absence of a representative 
from an invited group.

3. State Conservationists' Response to Recommendations

    Comments: Seven respondents commented about communication between 
the Local Working Group, State Technical Committee, and the State 
Conservationist and the importance of receiving feedback on Local 
Working Group recommendations. Several requested that if the 
recommendations are not incorporated into the USDA program delivery 
system, NRCS should state the reasons behind that decision.
    Response: NRCS agrees with the comments and has established the 
following policy within the standard operating procedures: ``The State 
Conservationist will inform the State Technical Committee as to the 
decisions made in response to all State Technical Committee 
recommendations within 90 days. This notification will be made in 
writing to all State Technical Committee members and posted to the NRCS 
State Web site.''

4. Subcommittees

    Comment: One respondent commented that the interim final rule 
requires State Technical Committee subcommittees to provide 
recommendations they develop to the State Technical Committee in a 
general session where the public is notified and invited to attend, but 
it does not impose the same requirement on Local Working Groups.
    Response: Specialized subcommittees of State Technical Committees 
may or may not have public participation; and, therefore, the standard 
operating procedures state that subcommittee recommendations are to be 
brought forth to the State Technical Committee, where the public is 
invited, for review or action. The same requirement is not imposed on 
Local Working Groups as the meetings are open to the public. In regard 
to the mechanism(s) to be used by State Technical Committees to review 
whether Local Working Groups are addressing State priorities, NRCS is 
suggesting that State Conservationists recommend a process to the State 
Technical Committees that accommodates the needs of their respective 
States.
    Comment: One respondent recommended Sec.  610.25 be revised to add 
a statement requiring that State Conservationists open the invitation 
to participate on subcommittees to the entire State Technical 
Committee.
    Response: NRCS revised Sec.  610.25(a) in the final rule to read, 
``In some situations, specialized subcommittees, made up of State 
Technical Committee members, may be needed to analyze and examine 
specific issues. The State Conservationist may assemble certain 
members, including members of Local Working Groups and other 
knowledgeable individuals, to discuss, examine, and focus on a 
particular technical or programmatic topic.'' The recommendations from 
the subcommittee are to be presented to the full State Technical 
Committee.

[[Page 66911]]

5. Local Working Groups

    Comments: Four respondents commented on the importance of SWCDs 
convening Local Working Groups. The respondents stated that SWCDs are 
uniquely positioned to undertake the process of bringing everyone 
together to provide input. Another respondent commented that SWCDs be 
supported with additional resources so that they have the capacity to 
fulfill their mandated responsibilities.
    Response: NRCS agrees that SWCDs are uniquely positioned to 
organize and convene the Local Working Groups and has incorporated the 
following language in the standard operating procedures, ``Local 
Working Groups are normally chaired by the appropriate SWCD. In the 
event the SWCD is not able, or does not choose to chair the Local 
Working Group, NRCS' district conservationist (or designated 
conservationist) will be responsible for those duties.'' This language 
has already been incorporated into the NRCS Conservation Programs 
Manual (440) subpart B, part 501 (see http://directives.sc.egov.usda.gov/). NRCS views these comments as relating to 
procedural issues and, therefore, did not make any changes to the 
regulation.
    NRCS recognizes the importance of the SWCD having an adequate level 
of resources necessary to fulfill their responsibilities. However, no 
changes were made to the rule in response to this comment. NRCS 
believes this suggestion is beyond the scope of this regulation.
    Comments: Five respondents commented that they did not feel it is 
appropriate to expect the State Conservationist to be present at all 
Local Working Group meetings. NRCS should be represented by the 
district conservationist or designated conservationist.
    Response: NRCS did not intend for State Conservationists to be 
present at Local Working Group meetings. Although NRCS did not make 
changes to the rule in response to this comment, the agency will 
clarify its operating procedure.
    Comment: One respondent commented that Local Working Groups should 
meet once per year at a minimum.
    Response: NRCS agrees with the comment and has incorporated the 
following language in the standard operating procedures: ``The Local 
Working Group should meet at least once each year at a time and place 
designated by the Chairperson, unless otherwise agreed to by the 
members of the Local Working Group. Other meetings may be held at the 
discretion of the Chairperson. Meetings will be called by the 
Chairperson whenever it is determined that there is business that 
should be brought before the Local Working Group.''
    Comments: Five respondents requested that the Local Working Group, 
as a subcommittee to the State Technical Committee, provide a report to 
the State Conservationist and a summary of all Local Working Group 
meetings be presented during the State Technical Committee meeting. 
Respondents differed in their recommendations on the NRCS 
representative that should receive the report. Recommendations included 
delivering it to the State Conservationist, district conservationist, 
or area conservationist.
    Response: NRCS agrees with the comments and has addressed them in 
the standard operating procedures as follows: ``Local Working Group 
recommendations are to be submitted to State Technical Committee 
Chairperson or the district conservationist (or designated 
conservationist), as appropriate, within 14 calendar days after a 
meeting.'' The standard operating procedures allow for flexibility in 
the procedure by which Local Working Group recommendations are 
forwarded to the State Technical Committee. Ultimately, the intent is 
to ensure that the State Technical Committee receives the information.
    Comment: One respondent was concerned that the process to obtain, 
evaluate, and implement recommendations of Local Working Groups may be 
overly complicated and burdensome to accomplish in a timely manner. The 
respondent encouraged simplification in the process and that 
significant weight be given to local and State priorities in 
determining allocation of NRCS program funds.
    Response: NRCS appreciates the respondent's comment regarding an 
overly complicated process and has attempted to provide a ``blueprint'' 
for States to operate State Technical Committees in an efficient 
manner, as well as allow for adequate flexibility for States to tailor 
the State Technical Committee operations to meet their needs. No 
changes were made to the rule in response to this comment; however, the 
agency will consider this comment when updating the current standard 
operating procedures.
    Comment: One respondent commented that Local Working Groups should 
provide the State Technical Committee with information on their 
recommendations, including the process used to develop the 
recommendations.
    Response: NRCS agrees that this requirement would help Local 
Working Groups support their recommendations; however, requiring the 
Local Working Groups to do this may overly complicate the process. No 
changes were made to the rule in response to this comment. The agency 
encourages Local Working Groups to include additional information to 
support their recommendations.
    Comment: One respondent commented that Sec.  610.25(b)(2) be 
modified to allow for Local Working Groups to not only provide 
recommendations on local natural resource priorities and criteria for 
conservation activities and programs, but to also provide input to the 
State Technical Committee for their consideration in establishing State 
priorities.
    Response: This comment is addressed in the standard operating 
procedures through the following language, ``Local Working Group 
recommendations are to be submitted to the State Technical Committee 
Chairperson or the district conservationist (or designated 
conservationist), as appropriate, within 14 calendar days after a 
meeting.'' The Local Working Group recommendations may include input 
related to establishing State priorities.

6. Other

    Comment: One respondent recommended NRCS establish a Web page for 
State Technical Committee and Local Working Group meetings to include 
membership lists, meeting announcements, agenda, minutes, and any 
determinations related to recommendations.
    Response: NRCS generally agrees with this comment and has already 
included the suggestion in the standard operating procedures.
    Comment: One respondent commented that State Conservationists 
should have the discretion to take additional transparency and 
accountability steps beyond the national standard operating procedures.
    Response: NRCS agrees that State Conservationists should have this 
discretion. The national policy in the standard operating procedures 
details the minimum requirements governing the operation of State 
Technical Committees. State Conservationists have the discretion and 
flexibility to make management decisions providing all applicable laws 
and regulations are followed. No changes were made to the rule in 
response to this comment.
    Comment: One respondent recommended that the public notice of the 
State Technical Committee meetings

[[Page 66912]]

include the proposed agenda and the links to any relevant documents 
that may be available on the Web. The respondent also recommended that 
State Technical Committee members be provided with any documents which 
will be under discussion at least 14 days before the meeting.
    Response: The suggestion was included in the standard operating 
procedures, ``The State Conservationist will prepare a meeting agenda 
and provide it to the committee members at least 14 calendar days prior 
to a scheduled meeting.'' As this recommendation is included in policy, 
no changes were made to the rule in response to this comment.
    Comment: One respondent requested the 14-day meeting notice be 
modified to a 30-day meeting notice to allow for less conflict and more 
participation.
    Response: While the 14 days is a minimum, NRCS recognizes that more 
advance notice is desirable. Many State Technical Committees find that 
establishing a schedule for regular (e.g. quarterly) meetings works 
well. No changes were made to the rule in response to this comment.
    Comment: One respondent commented that standard operating 
procedures should be clear that ``effectively utilizing State Technical 
Committees'' means using the expertise of its members, specifically 
scientists and other personnel of State and Federal agencies. Standard 
operating procedures should be clear that State Technical Committees 
are to assist the State Conservationist in targeting conservation 
program resources in a manner that ensures the programs are effective 
in helping producers produce significant environmental benefits for the 
public.
    Response: Although no changes were made to the rule in response to 
this comment, the rule states, ``State Technical Committees are to 
provide information, analysis, and recommendations to appropriate 
officials of the Department of Agriculture who are charged with 
implementing and establishing priorities and criteria for natural 
resources conservation activities and programs under Title XII of the 
1985 Act.'' NRCS believes that ``helping producers produce significant 
environmental benefits'' is embedded in the individual conservation 
program authorities, selection criteria, and other processes.
    Comment: One respondent recommended NRCS issue a notice of proposed 
standard operating procedures and allow a 30-day public comment period.
    Response: NRCS agrees with this comment. The agency published the 
standard operating procedures as a notice in the Federal Register on 
April 7, 2009. The notice provided a 60-day public comment period and 
requested public input on NRCS' updated policy, including standard 
operating procedures for State Technical Committees. No changes were 
made to the rule in response to this comment because this 
recommendation was implemented.
    Comment: One respondent recommends that prior to NRCS drafting and 
publishing the standard operating procedures, NRCS should solicit from 
State Conservationists and State offices substantive input, 
suggestions, and recommendations for creating the standard operating 
procedures.
    Response: NRCS agrees with this comment and followed this 
suggestion prior to publishing the standard operating procedures in the 
Federal Register on April 7, 2009.
    Comment: One respondent requested NRCS add ``and the USDA agency 
will address the concerns of the State Technical Committee'' to the 
last sentence of Sec.  610.24(b).
    Response: The last sentence of Sec.  610.24(b) of the interim final 
rule states, ``the implementing USDA agency will give strong 
consideration to the State Technical Committee recommendations.'' NRCS 
believes all State Technical Committee recommendations should be 
strongly considered; however, the USDA agencies may not be able to 
address or effect every recommendation. Therefore, no changes were made 
to the rule in response to this comment.

List of Subjects in 7 CFR Part 610

    Soil conservation, State Technical Committee, Technical assistance, 
and Water resources.

0
For the reasons stated in the preamble, NRCS amends part 610 of Title 7 
of the CFR as follows:

PART 610--TECHNICAL ASSISTANCE

0
1. The authority citation for part 610 continues to read as follows:

    Authority: 16 U.S.C. 590a-f, 590q, 2005b, 3861, 3862.

0
2. Subpart C is revised to read as follows:
Subpart C--State Technical Committees
Sec.
610.21 Purpose and scope.
610.22 State Technical Committee membership.
610.23 State Technical Committee meetings.
610.24 Responsibilities of State Technical Committees.
610.25 Subcommittees and Local Working Groups.

Subpart C--State Technical Committees


Sec.  610.21  Purpose and scope.

    This subpart sets forth the procedures for establishing and using 
the advice of State Technical Committees. The Natural Resources 
Conservation Service (NRCS) will establish in each State a Technical 
Committee to assist in making recommendations relating to the 
implementation and technical aspects of natural resource conservation 
activities and programs. The Department of Agriculture (USDA) will use 
State Technical Committees in an advisory capacity in the 
administration of certain conservation programs and initiatives. 
Pursuant to 16 U.S.C. 3862(d), these State Technical Committees and 
Local Working Groups are exempt from the provisions of the Federal 
Advisory Committee Act (5 U.S.C. App. 2).


Sec.  610.22  State Technical Committee membership.

    (a) State Technical Committees will include agricultural producers, 
nonindustrial private forest land owners, and other professionals who 
represent a variety of disciplines in soil, water, wetlands, plant, and 
wildlife sciences. The State Conservationist in each State will serve 
as chairperson. The State Technical Committee for each State will 
include representatives from among the following, if willing to serve:
    (1) NRCS, USDA;
    (2) Farm Service Agency, USDA;
    (3) State Farm Service Agency Committee, USDA;
    (4) Forest Service, USDA;
    (5) National Institute of Food and Agriculture, USDA;
    (6) Each of the Federally recognized Indian Tribes in the State;
    (7) State departments and agencies within the State, including the:
    (i) Fish and wildlife agency;
    (ii) Forestry agency;
    (iii) Water resources agency;
    (iv) Department of agriculture;
    (v) Association of soil and water conservation districts; and
    (vi) Soil and water conservation agency;
    (8) Agricultural producers representing the variety of crops and 
livestock or poultry raised within the State;
    (9) Owners of nonindustrial private forest land;
    (10) Nonprofit organizations, within the meaning of section 
501(c)(3) of the Internal Revenue Code of 1986, with

[[Page 66913]]

demonstrable conservation expertise and experience working with 
agriculture producers in the State; and
    (11) Agribusiness.
    (b) The State Conservationist will invite other relevant Federal, 
State, and regional agencies, organizations, and persons knowledgeable 
about economic and environmental impacts of natural resource 
conservation techniques and programs to participate as needed.
    (c) To ensure that recommendations of State Technical Committees 
take into account the needs of the diverse groups served by USDA, 
membership will include, to the extent practicable, individuals with 
demonstrated ability to represent the conservation and related 
technical concerns of particular historically underserved groups and 
individuals; i.e., minorities, women, persons with disabilities, 
socially and economically disadvantaged groups, and beginning farmers 
and ranchers.
    (d) In accordance with the guidelines in paragraphs (a), (b), and 
(c) of this section, it is the responsibility of the State 
Conservationist to seek a balanced representation of interests among 
the membership on the State Technical Committee. Individuals or groups 
wanting to participate on a State Technical Committee within a specific 
State may submit a request to the State Conservationist that explains 
their interest and outlines their credentials which they believe are 
relevant to becoming a member. Decisions regarding membership are at 
the discretion of the State Conservationist. State Conservationist 
decisions on membership are final and not appealable to any other 
individual or group within USDA.


Sec.  610.23  State Technical Committee meetings.

    (a) The State Conservationist, as Chairperson, schedules and 
conducts the meetings, although a meeting may be requested by any USDA 
agency or State Technical Committee member.
    (b) NRCS will establish and maintain national standard operating 
procedures governing the operation of State Technical Committees and 
Local Working Groups in its directive system. The standard operating 
procedures will outline items such as: The best practice approach to 
establishing, organizing, and effectively utilizing State Technical 
Committees and Local Working Groups; direction on publication of State 
Technical Committee and Local Working Group meeting notices and 
agendas; State Technical Committee meeting summaries; how to provide 
feedback on State Conservationist decisions regarding State Technical 
Committee recommendations; and other items as determined by the Chief.
    (c) In addition to the standard operating procedures established 
under paragraph (b) of this section, the State Conservationist will 
provide public notice and allow public attendance at State Technical 
Committee and Local Working Group meetings. The State Conservationist 
will publish a meeting notice no later than 14 calendar days prior to a 
State Technical Committee meeting. Notification may exceed this 14-day 
minimum where State open meeting laws exist and provide for a longer 
notification period. This minimum 14-day notice requirement may be 
waived in the case of exceptional conditions, as determined by the 
State Conservationist. The State Conservationist will publish this 
notice in at least one or more newspaper(s), including recommended 
Tribal publications, to attain statewide circulation.


Sec.  610.24  Responsibilities of State Technical Committees.

    (a) Each State Technical Committee established under this subpart 
will meet on a regular basis, as determined by the State 
Conservationist, to provide information, analysis, and recommendations 
to appropriate officials of USDA who are charged with implementing and 
establishing priorities and criteria for natural resources conservation 
activities and programs under Title XII of the Food Security Act of 
1985 including, but not limited to, the Conservation Reserve Program, 
Wetlands Reserve Program, Conservation Security Program, Conservation 
Stewardship Program, Farm and Ranch Lands Protection Program, Grassland 
Reserve Program, Environmental Quality Incentives Program, Conservation 
Innovation Grants, Cooperative Conservation Partnership Initiative, 
Agricultural Water Enhancement Program, Conservation of Private Grazing 
Land, Wildlife Habitat Incentive Program, Grassroots Source Water 
Protection Program, Great Lakes Basin Program, Chesapeake Bay Watershed 
Initiative, and the Voluntary Public Access and Habitat Incentive 
Program. The members of the State Technical Committee may also provide 
input on other natural resource conservation programs and issues as may 
be requested by the State Conservationist or other USDA agency heads at 
the State level as long as they are within the programs authorized by 
Title XII. Such recommendations may include, but are not limited to, 
recommendations on:
    (1) The criteria to be used in prioritizing program applications;
    (2) The State-specific application criteria;
    (3) Priority natural resource concerns in the State;
    (4) Emerging natural resource concerns and program needs; and
    (5) Conservation practice standards and specifications.
    (b) The role of the State Technical Committee is advisory in 
nature, and the committee will have no implementation or enforcement 
authority. The implementing agency reserves the authority to accept or 
reject the committee's recommendations. However, the implementing USDA 
agency will give strong consideration to the State Technical 
Committee's recommendations.
    (c) State Technical Committees will review whether Local Working 
Groups are addressing State priorities.


Sec.  610.25  Subcommittees and Local Working Groups.

    (a) Subcommittees. In some situations, specialized subcommittees, 
made up of State Technical Committee members, may be needed to analyze 
and examine specific issues. The State Conservationist may assemble 
certain members, including members of Local Working Groups and other 
knowledgeable individuals, to discuss, examine, and focus on a 
particular technical or programmatic topic. The subcommittee may seek 
public participation, but it is not required to do so. Nevertheless, 
recommendations resulting from these subcommittee sessions, other than 
sessions of Local Working Groups, will be made only in a general 
session of the State Technical Committee where the public is notified 
and invited to attend. Decisions resulting from recommendations of 
Local Working Groups will be communicated to NRCS in accordance with 
the standard operating procedures described in Sec.  610.23(b).
    (b) Local Working Groups. (1) Local Working Groups will be composed 
of conservation district officials, agricultural producers representing 
the variety of crops and livestock or poultry raised within the local 
area, nonindustrial private forest land owners, and other professionals 
representing relevant agricultural and conservation interests and a 
variety of disciplines in the soil, water, plant, wetland, and wildlife 
sciences who are familiar with private land agricultural and natural 
resource issues in the local community;
    (2) Local Working Groups will provide recommendations on local

[[Page 66914]]

natural resource priorities and criteria for conservation activities 
and programs; and
    (3) Local Working Groups will follow the standard operating 
procedures described in Sec.  610.23(b).

    Signed this 10th day of December 2009 in Washington, DC.
Dave White,
Chief, Natural Resources Conservation Service.
[FR Doc. E9-30055 Filed 12-16-09; 8:45 am]
BILLING CODE 3410-16-P