[Federal Register Volume 75, Number 66 (Wednesday, April 7, 2010)]
[Notices]
[Pages 17683-17690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7808]


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DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation


Cooperative Conservation Partnership Initiative--Chesapeake Bay 
Watershed

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

ACTION: Notice of request for proposals.

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SUMMARY: The Chief of the Natural Resources Conservation Service (NRCS) 
who is Vice President of the Commodity Credit Corporation (CCC), 
announces the availability of technical and financial assistance 
funding in fiscal year (FY) 2010 through the Cooperative Conservation 
Partnership Initiative (CCPI) to eligible participants in the 
Chesapeake Bay Watershed. Special priority consideration will be given 
to applications/projects in the watersheds of the Susquehanna, 
Shenandoah, Potomac (North and South), and Patuxent Rivers (see 
attached map). In FY 2010, NRCS will make Environmental Quality 
Incentives Program (EQIP) and Wildlife Habitat Incentive Program (WHIP) 
funds available to owners and operators of agricultural and 
nonindustrial private forest lands in approved CCPI project areas. This 
notice is issued to solicit proposals from potential partners who seek 
to enter into partnership agreements with NRCS to help agricultural 
producers address Chesapeake Bay Watershed Initiatives (CBWI) 
objectives by implementing conservation practices on agricultural land 
to improve water quality, restore wetlands, and enhance wildlife 
habitat.

DATES: Effective Date: The notice of request is effective April 7, 
2010.
    Eligible partners may submit proposals by mail or via courier.
     By mail: proposals must be postmarked by May 24, 2010.
     By courier or hand delivery: proposals must be delivered 
by May 24, 2010.

ADDRESSES: Written proposals should be submitted to the addresses 
identified below, with copies to the appropriate NRCS State 
Conservationist whose names and addresses are identified as an 
attachment to this notice. If a project is multi-State in scope, all 
State Conservationists in the proposed project area must be sent the 
proposal for review.
     By mail: Gregory K. Johnson, Director, Financial 
Assistance Programs Division, Department of Agriculture, Natural 
Resources Conservation Service, ``CBWI-CCPI,'' 1400 Independence 
Avenue, SW., Room 5239 South Building, Washington, DC 20250.

    Note:  Registered or Certified Mail to a post office will not be 
accepted.

     By courier: Gregory K. Johnson, Director, Financial 
Assistance Programs Division, Department of Agriculture, Natural 
Resources Conservation Service, ``CBWI-CCPI Proposal,'' 1400 
Independence Avenue SW., Room 5239 South Building, Washington, DC 
20250. Proposals will be accepted between 9 a.m. and 4 p.m., Monday 
through Friday, except Federal Holidays. Please ask the guard at the 
entrance to the South Building to call (202) 720-1845.

    Note:  Proposals submitted via fax, e-mail, or after the 
deadline date listed in this notice will not be considered.


FOR FURTHER INFORMATION CONTACT: Gregory Johnson, Director, Financial 
Assistance Programs Division, Department of Agriculture, Natural 
Resources Conservation Service, 1400 Independence Avenue, SW., Room 
5239 South Building, Washington, DC 20250, Telephone: (202) 720-1845; 
Fax: (202) 720-4265; or E-mail: [email protected]. Additional 
information regarding CCPI is available at the following NRCS Web page: 
http://www.nrcs.usda.gov/programs/CCPI/.
    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).

SUPPLEMENTARY INFORMATION:

Background

    The Chesapeake Bay is a national treasure. Agriculture is an 
important segment of the Chesapeake Bay

[[Page 17684]]

economy and landscape, providing food, feed, and fiber for the area, 
Nation, and other countries. Agricultural and forestry operations can 
have unintended impacts of delivering excess nutrients and sediment to 
the Bay. Maintaining a healthy, sustainable, agricultural economy is an 
important consideration in protecting and restoring the Chesapeake Bay. 
Through a voluntary conservation approach, NRCS is working with 
landowners and operators to enhance agricultural and forest landscapes 
that provide agricultural products, increase carbon sequestration, and 
contribute to a healthy Chesapeake Bay ecosystem and agricultural 
economy.
    The Chesapeake Bay Watershed includes over 44 million acres in six 
States and the District of Columbia. Agricultural and forest land 
accounts for 75 percent of the Chesapeake Bay Watershed. Consequently, 
the stewardship of these lands has a tremendous influence on the 
quality of natural resources in the watershed. Through the CBWI-CCPI, 
NRCS will provide additional technical and financial assistance to 
producers in the Chesapeake Bay Watershed to plan and apply 
conservation practices to improve water quality, restore wetlands, and 
enhance wildlife habitat. Additional information about this initiative 
can be found at: http://www.nrcs.usda.gov/feature/chesapeakebay/chesapeakebay.html.

Availability of Funding

    Effective upon publication of this notice, up to $5 million of EQIP 
and WHIP financial assistance will be available in FY 2010; 
approximately $500,000 of the $5 million is reserved for multi-State 
projects. The State Conservationist or Chief will enter into multi-year 
partnership agreements with the selected, eligible partners which may 
include State and local governments, Federally recognized Indian 
Tribes, producer associations, farmer cooperatives, institutions of 
higher education, and nongovernmental organizations with a history of 
working cooperatively with producers.
    NRCS will enter into partnership agreements with the partners whose 
applications are selected to provide financial and technical assistance 
to owners and operators of agricultural and nonindustrial private 
forest lands to address priority natural resource concerns in the 
Chesapeake Bay Watershed. Special priority consideration will be given 
to applications/projects in the watersheds of the Susquehanna, 
Shenandoah, Potomac (North and South), and Patuxent Rivers. The 
proposals will be evaluated through a competitive process and in 
accordance with the criteria established in this notice. After the 
Chief approves and announces the proposals selected, agricultural 
producers and nonindustrial private forest landowners (NIPFs) within 
the approved project areas may submit applications directly to NRCS for 
one or both of the following programs that are approved for the 
project: EQIP or WHIP.
    This is not a grant program, and all Federal funds made available 
through this request for proposals will be paid directly to producers 
through program contract agreements. No technical assistance funding 
may be provided to the partner through the CBWI-CCPI partnership 
agreement. However, if requested by a partner whose proposal has been 
selected, the State Conservationist may consider entering into a 
separate contribution agreement with the partner to provide funding for 
delivery of technical services to help agricultural producers and NIPFs 
participate in an approved project.
    Individual agricultural producers and NIPFs are not eligible for 
CBWI-CCPI partnership agreements. No Federal CBWI-CCPI funding may be 
used to cover administrative expenses of partners. Administrative 
activities include any indirect or direct costs relating to submitting 
or implementing the project proposal.

Definitions

    Agricultural land means cropland, grassland, rangeland, pasture, 
and other agricultural land on which agricultural and forest-related 
products or livestock are produced and resource concerns may be 
addressed. Other agricultural lands may include cropped woodland, 
marshes, incidental areas included in the agricultural operation, and 
other types of agricultural land used for production of livestock.
    Applicant means a person, legal entity, joint operation, or Tribe 
that has an interest in an agricultural or forestry operation, as 
defined in 7 CFR part 1400, who has requested to participate in EQIP or 
WHIP.
    Beginning Farmer or Rancher means a person or legal entity who:
    (a) Has not operated a farm or ranch, or who has operated a farm or 
ranch for not more than 10 consecutive years. This requirement applies 
to all members of an entity who will materially and substantially 
participate in the operation of the farm or ranch.
    (b) In the case of a contract with an individual, individually, or 
with the immediate family, material and substantial participation 
requires that the individual provide substantial day-to-day labor and 
management of the farm or ranch consistent with the practices in the 
county or State where the farm is located.
    (c) In the case of a contract with an entity or joint operation, 
all members must materially and substantially participate in the 
operation of the farm or ranch. Material and substantial participation 
requires that each of the members provide some amount of the management 
or labor necessary for day-to-day activities, such that if each of the 
members did not provide these inputs, operation of the farm or ranch 
would be seriously impaired.
    Chief means Chief of the Natural Resources Conservation Service, or 
designee.
    Conservation Activity Plan means a resource-specific conservation 
plan prepared by a certified Technical Service Provider (TSP) as 
authorized by the Food, Conservation, and Energy Act of 2008 (2008 Act) 
for financial assistance payment through EQIP.
    Conservation planning means using the planning process outlined in 
the NRCS National Planning Procedures Handbook (NPPH). The NPPH is 
available at: http://directives.sc.egov.usda.gov/.
    Conservation practice means one or more conservation improvements 
and planning activities, including structural practices, land 
management practices, vegetative practices, forest management 
practices, and other improvements that are planned and applied 
according to standards and specifications contained in the NRCS Field 
Office Technical Guide (FOTG). Conservation practices funded through 
CCPI are subject to requirements of each of the authorized programs:
     EQIP regulation 7 CFR part 1466--http://www.nrcs.usda.gov/programs/eqip.
     WHIP regulation 7 CFR part 636--http://www.nrcs.usda.gov/programs/whip/.
    Contract as defined in the EQIP regulation means a legal document 
that specifies the rights and obligations of any participant accepted 
to participate in EQIP. A program contract is a binding agreement for 
the transfer of assistance from USDA to the participant to share in the 
costs of applying conservation practices.
    Contribution Agreement is an agreement between two or more parties 
that reflects a relationship between the parties to serve a mutual 
interest and contribute equal resources in carrying out the programs 
administered by NRCS. Financial or other resources are

[[Page 17685]]

transferred or exchanged between the parties.
    Cost-share agreement as defined in the WHIP regulation means a 
legal document that specifies the rights and obligations of any 
participant accepted into WHIP. A WHIP cost-share agreement is a 
binding agreement for the transfer of assistance from the Department of 
Agriculture (USDA) to the participant to share in the costs of applying 
conservation.
    Cropland means land used primarily for the production of adapted 
crops for harvest, including but not limited to land in row crops or 
close-grown crops, forage crops that are in a rotation with row or 
close-grown crops, permanent hayland, horticultural crops, orchards, 
vineyards, cropped woodland, marshes, cranberry bogs, and other lands 
used for crop production.
    Designated Conservationist means an NRCS employee whom the State 
Conservationist has designated as responsible for administration of 
NRCS programs at the local level.
    Environmental Quality Incentives Program means a program 
administered by NRCS in accordance with 7 CFR part 1466, which provides 
for the installation and implementation of conservation practices on 
agricultural and nonindustrial private forest land.
    Field Office Technical Guide means the official local NRCS source 
of resource information, conservation practice standards, 
specifications, and interpretation of guidelines, criteria, and 
requirements for planning and applying conservation practices and 
conservation management systems. It contains natural resource quality 
criteria to be achieved to provide for the conservation and 
sustainability of soil, water, air, plant, and animal resources 
applicable to the geographic area where resource concerns are 
addressed. The FOTG can be accessed online at: http://www.nrcs.usda.gov/technical/efotg/.
    Financial Assistance means a payment made to the program 
participant.
    Hayland means a subcategory of cropland managed for the production 
of forage crops that are machine harvested. The crop may be grasses, 
legumes, or a combination of both.
    Indian Tribe means any Indian Tribe, band, nation, or other 
organized group or community, including any Alaska Native village or 
regional or village corporation as defined in or established pursuant 
to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) 
that is Federally recognized as eligible for the special programs and 
services provided by the United States to Indians because of their 
status as Indians.
    Joint Agreement means a business arrangement where two or more 
participants cooperate to carry out conservation practices that can 
best be accomplished by combing resources. Such agreements must be 
formally documented and signed by all applicable parties.
    Joint Operation means a general partnership, joint venture, or 
other similar business arrangement in which the members are jointly and 
severally liable for the obligations of the organization.
    Limited Resource Farmer or Rancher means:
    (a) A person with direct or indirect gross farm sales of not more 
than $155,200 in each of the previous 2 years (adjusted for inflation 
using Prices Paid by Farmer Index as compiled by the National 
Agricultural Statistical Service).
    (b) Has a total household income at or below the national poverty 
level for a family of four, or less than 50 percent of county median 
household income in each of the previous 2 years (to be determined 
annually using Department of Commerce data).
    Local working group means the advisory body pursuant to 16 U.S.C. 
3861 and described in 7 CFR part 610. Information regarding these 
groups can be found at: http://www.nrcs.usda.gov/programs/StateTech/.
    Natural Resources Conservation Service means an agency of USDA 
which has responsibility for administering programs such as EQIP and 
WHIP using the funds, facilities, and authorities of the CCC.
    Nongovernmental organization is any legal entity that is organized 
for, and at all times since, the formation of the organization has been 
operated principally for one or more of the conservation purposes 
specified in clause (i), (ii), (iii), or (iv) of section 170(h)(4)(A) 
of the Internal Revenue Code of 1986; is an organization described in 
section 501(c)(3) or that is described in section 509(a)(2) of that 
Code; or is described in section 509(a)(3) of that Code and is 
controlled by an organization described in section 509(a)(2) of that 
Code.
    Nonindustrial private forest land means rural land, as determined 
by the Secretary, that has existing tree cover or is suitable for 
growing trees and is owned by any nonindustrial private individual, 
group, association, corporation, Indian Tribe, or other private legal 
entity that has definitive decisionmaking authority over the land.
    Participant means a person or legal entity, joint operation, or 
Tribe that is receiving payment or is responsible for implementing the 
terms and conditions of an EQIP or WHIP contract.
    Partner means an entity that enters into a partnership agreement 
with NRCS to carry out CCPI the approved activities. Eligible partners 
include Federally recognized Indian Tribes, State and local units of 
government, producer associations, farmer cooperatives, and 
institutions of higher education or nongovernmental organizations with 
a history of working cooperatively with producers.
    Partnership agreement means a multi-year agreement between NRCS and 
the partner. The CCPI partnership agreement does not transfer financial 
or technical assistance funding to a partner, nor provide for the 
administrative expenses of the partner. Individual producers may not 
enter into partnership agreements under CCPI authority.
    Payment means financial assistance provided to a program 
participant under the terms of the contract or cost-share agreement. 
Payments and payment rates are guided by existing program rules.
    Priority resource concern means a resource concern that is 
identified by the State Conservationist, with advice from the State 
Technical Committee and local work groups, as a priority for a State or 
the specific geographic areas within a State.
    Producer means a person, legal entity, or joint operation who has 
an interest in the agricultural operation, according to 7 CFR part 
1400, or who is engaged in agricultural production or forestry 
management.
    Rangeland means land on which the historic climax plant community 
is predominantly grasses, grass-like plants, forbs, or shrubs, and 
includes lands revegetated naturally or artificially when routine 
management of that vegetation is accomplished mainly through 
manipulation of grazing. Rangelands include natural grasslands, 
savannas, shrublands, most deserts, tundra, alpine communities, coastal 
marshes, and wet meadows.
    Resource concern means a specific natural resource problem that 
represents a significant concern in a State or region, and is likely to 
be addressed through the implementation of conservation practices by 
producers. Resource concerns used by NRCS are found in section III of 
each State or local FOTG which can be found at: http://www.nrcs.usda.gov/technical/efotg/. Examples of natural resource 
concerns include soil quality, water conservation, water quality, plant 
condition, air quality, domestic animals, fish and wildlife habitat, 
and other subcategories of resource concerns.

[[Page 17686]]

    Socially Disadvantaged Farmer or Rancher means a farmer or rancher 
who has been subjected to racial or ethnic prejudices because of their 
identity as a member of a group without regard to their individual 
qualities. Those groups include African Americans, American Indians or 
Alaskan natives, Hispanics, Asians, and native Hawaiians or other 
Pacific Islanders.
    State Conservationist means the NRCS employee who is authorized to 
implement conservation programs administered by NRCS and who directs 
and supervises NRCS activities in a State, the Caribbean Area, or the 
Pacific Islands Area.
    State Technical Committee means a committee established by the USDA 
Secretary in a State pursuant to 16 U.S.C. 3861 and described in 7 CFR 
part 610. Information regarding these committees can be found at: 
http://www.nrcs.usda.gov/programs/StateTech/.
    Technical assistance means technical expertise, information, and 
tools necessary for the conservation of natural resources on land 
active in agricultural, forestry, or related uses. The term includes: 
(1) Technical services provided directly to farmers, ranchers, and 
other eligible entities, such as conservation planning, technical 
consultation, and assistance with design and implementation of 
conservation practices; and (2) technical infrastructure including 
activities, processes, tools, and agency functions needed to support 
delivery of technical services, such as technical standards, resource 
inventories, training, data, technology, monitoring, and effects 
analyses. Information regarding technical assistance can be found at: 
http://www.nrcs.usda.gov/programs/cta/.
    Technical Service Provider means an individual, private-sector 
entity, or public agency certified by NRCS to provide technical 
services to program participants in lieu of or on behalf of NRCS. 
Information regarding TSP services can be found at: http://techreg.usda.gov/.
    Wildlife Habitat Incentive Program means a program administered by 
NRCS in accordance with 7 CFR part 636, which provides for technical 
and financial assistance to protect, restore, develop, and enhance 
wildlife habitat.

CCPI

    Section 2707 of the 2008 Act establishes the CCPI by amending 
section 1243 of the Food Security Act of 1985 (16 U.S.C. 3843). CCPI is 
a voluntary conservation initiative that enables the use of certain 
conservation programs, along with resources of eligible partners, to 
provide financial and technical assistance to owners and operators of 
agricultural and nonindustrial private forest lands to enhance 
conservation outcomes.
    Depending upon the program available, the assistance provided 
enables participants to implement conservation practices and 
enhancements, including the development and adoption of innovative 
conservation practices and management approaches. The partner is not 
required to provide financial or technical resources toward the 
project; however, proposals that include or offer partner provided 
resources will be given higher priority consideration in the evaluation 
process. CCPI financial assistance is delivered directly to 
agricultural producers and landowners in approved project areas through 
program contracts or cost-share agreements. General information about 
CCPI can be found at: http://www.nrcs.usda.gov/programs/ccpi/.
    During FY 2010, NRCS, through CBWI-CCPI, will deliver EQIP and WHIP 
assistance to producers to achieve high-priority conservation 
objectives in geographic areas defined by the partner. Where 
flexibility is needed to meet project objectives, the partner may 
request that program adjustments be allowed, provided such policy 
adjustments are within the scope of the applicable program's statutory 
and regulatory program authorities. An example of a program adjustment 
may be to expedite the applicable program ranking process in a 
situation where a partner has identified the producers approved to 
participate in the project. Other examples of program adjustments may 
include flexibility in payment rate, or using single area-wide plan of 
operations rather than individual plans of operations.

Submitting Proposals

    Potential partners must submit a complete proposal to Gregory K. 
Johnson, Director, Financial Assistance Programs Division, with a copy 
to the appropriate State Conservationist addressing all questions and 
items listed in the ``Proposal Requirements'' section of this notice. 
The proposal must include sufficient detail to allow NRCS to understand 
the partner's priority resource concerns, objectives, and expected 
outcomes.
    Incomplete proposals and those that do not meet the requirements 
set forth in this notice will not be considered, and notification of 
elimination will be mailed to the potential partner. State 
Conservationists will provide guidance to potential partners regarding 
resource concerns that may be addressed in the proposed project area, 
local working group and State Technical Committee natural resource 
priorities, approved conservation practices and activities, and other 
program requirements the potential partner should consider when 
developing a proposal. No agency form is provided; potential partners 
must provide a narrative proposal following the requirements set forth 
in this notice.
    All CBWI-CCPI proposals submitted become the property of NRCS for 
use in the administration of the program, may be filed or disposed of 
by the agency, and will not be returned to the potential partner. Once 
proposals have been submitted for review and ranking, there will be no 
further opportunity to change or re-submit the proposal document.

Land Eligibility

    The following land is eligible for enrollment in the CBWI-CCPI:
     Private agricultural and nonindustrial private forest 
land.
     Land meeting the covered programs (EQIP and WHIP) 
eligibility rules. Eligible land is defined for each program in 
regulation:
     EQIP: 7 CFR 1466.8(c).
     WHIP: 7 CFR 636.4(b).
    Land eligibility for CBWI-CCPI projects also include the 
requirement that the land be located in the Chesapeake Bay Watershed 
which is defined by statute as the area including all tributaries, 
backwaters, and side channels, including their watersheds, draining 
into the Chesapeake Bay (16 U.S.C. 3839bb-4).

Producer Application and Program Contracts

    Producers interested in participating in an approved CBWI-CCPI 
project may apply for assistance at their local USDA service center. 
The designated conservationist will help the producer determine which 
program (EQIP or WHIP) is appropriate based on the practices and 
activities the applicant seeks to install or perform to meet the 
approved partner's project objectives.
    Producers seeking to participate in a CBWI-CCPI project must meet 
all program-specific eligibility requirements. The requirements that 
apply to the contract or cost-share agreement are determined by the 
program selected. For information on program payment limitations and 
benefits, or other program requirements that may apply to land and 
producers enrolled in EQIP and WHIP, consult the appropriate program 
regulation as stated in this notice. Additional information can be 
found at: http://

[[Page 17687]]

www.nrcs.usda.gov/programs/. An agricultural producer may elect to use 
a TSP for technical assistance associated with conservation planning or 
practice design and implementation.

Proposal Requirements

    For consideration of a proposal, a potential partner must submit 
five copies of the written proposal and one electronic copy to the 
Director, Financial Assistance Programs Division. Projects may not 
exceed 5 years in length. The proposal must be in the following format 
and contain the information set forth below:
    Proposal Format: Five copies of the proposal should be typewritten 
or printed on 8\1/2\'' x 11'' white paper. The text of the application 
should be in a font no smaller than 12-point, with one-inch margins. 
One additional copy of the proposal must be in electronic format such 
as Microsoft Word or PDF on one CD ROM. If submitting more than one 
project proposal, submit a separate complete document for each project. 
Consult the NRCS national CCPI Web site for an example of an acceptable 
CCPI proposal document at: http://www.nrcs.usda.gov/programs/ccpi/. The 
entire project proposal may not exceed 12 pages in length including 
summary, maps, reference materials, and related reports.

Proposal Summary

    The basic format for the CBWI-CCPI proposal is a narrative written 
response to the questions and information requested in this notice. 
There are no forms required or associated with the proposal submission 
process; however, the proposal must include all of the following:
    (1) Proposal Cover and Summary: The first two pages of the proposal 
must include:
    (a) Project Title.
    (b) Project director/manager name, telephone number, and e-mail 
address.
    (c) Name of lead partner entity submitting proposal and other 
collaborating partners.
    (d) Mailing address and telephone numbers for lead partner 
submitting proposal.
    (e) Short general description/summary of project and description of 
resource issues to be addressed. Identify the specific natural resource 
concerns to be addressed.
    (f) List the approved FOTG conservation practices, enhancements, 
and conservation activity plans that will be used to address those 
resource concerns.
    (g) Specify the geographic location: State, county(s), 
congressional districts, and whether proposal is a multi-State proposal 
or within-State proposal. Include a general location map.
    (h) Proposed project start and end dates (not to exceed a period of 
5 years).
    (i) Total amount of CBWI-CCPI financial assistance being requested 
for entire project.
    (2) Project Natural Resource Objectives and Actions: The proposal 
must include the project objectives and the natural resource concerns 
that will be addressed. A complete list of NRCS approved natural 
resource concerns can be found on the CCPI Web site at: http://
www.nrcs.usda.gov/programs/ccpi/.
    (a) Identify and provide detail about the natural resource 
concern(s) to be addressed and how the proposal objectives will address 
those concerns. Objectives should be specific, measurable, achievable, 
results-oriented, and include a timeline for completion.
    (b) For each objective, identify the actions to be completed to 
achieve the objective and to address the identified natural resource 
concern. Note which actions are to be addressed through this project 
using NRCS program assistance and which are being addressed through 
alternate non-Federal funding sources or other resources provided.
    (3) Detailed Proposal Criteria: Potential partners must fully 
describe their project and demonstrate their history of working with 
agricultural producers to address resource issues. Information provided 
in the proposal must include:
    (a) A description of the partner(s) history of working with 
agricultural producers to address the conservation objectives to be 
achieved.
    (b) A detailed description of the geographic area covered by the 
proposal, conservation priorities in the area, conservation objectives 
to be achieved, lands to be treated, and the expected level of 
participation by producers.
    (1) Include a detailed map showing the project area. Describe the 
location and size of the proposed project area. Are the size and scope 
of the project and the proposed practices to address resource concerns 
reasonable and achievable?
    (2) Outline on the map the areas which need conservation treatment 
and identify the number of acres involved. What kinds of conservation 
practices or enhancements needed to treat priority resource concerns in 
each area? Are specific areas or conservation practices prioritized in 
the project area so they will best address specific resource concerns? 
Which priority areas need to be addressed first?
    (c) A description of how the partner(s) will collaborate to achieve 
the objectives of the agreement and the roles, responsibilities, and 
capabilities of the partner(s). Proposals that include resources from 
other than the submitter of the proposal must include a letter or other 
documentation from the other partners confirming this commitment of 
resources. Proposals that demonstrate efforts to collaborate with other 
partners and producers are likely to provide increased environmental 
benefits, meet the objectives of CBWI-CCPI, and receive higher ranking 
consideration in the evaluation process.
    (d) A description of the project duration, which cannot exceed 5 
years in length, plan of action, and project implementation schedule 
that details when the potential partner anticipates completing the 
project and submitting a final report.
    (e) A description of the resources (financial and technical 
assistance) requested from each of the available NRCS programs (EQIP, 
WHIP) and the non-Federal resources provided by the partner that will 
be leveraged by the Federal contribution. Partners need to clearly 
state, by project objective, how they intend to leverage Federal funds 
along with partner resources. The funding and time contribution by 
agricultural producers to implement agreed-to conservation practices in 
program contracts may not be considered any part of a match from the 
potential partner for purposes of CBWI-CCPI.
    (f) A description of the plan for monitoring, evaluating, and 
reporting on progress made toward achieving the objectives of the 
agreement. Priority will be given to projects where the partner can 
provide resources or services, or conduct activities to monitor and 
evaluate effects of conservation practices and activities implemented 
through the project.
    (g) Potential criteria to be used by NRCS to prioritize and rank 
agricultural producers' CBWI-CCPI applications in the project area. 
Potential partners should collaborate with NRCS in the State where the 
project is proposed to develop meaningful criteria that the agency can 
use to evaluate and rank producer applications. For approved projects, 
this joint effort will help NRCS select producer applications which 
will best accomplish the projects intended goals and address priority 
resource issues identified by the partner in the proposal. Additional 
information regarding the process NRCS uses to evaluate and rank 
individual producer

[[Page 17688]]

applications is found in each of the authorized programs regulations, 
and guidance and examples or acceptable ranking criteria may be 
obtained from the State office where the project will be located.
    (h) An estimate of the percentage of producers, including 
nonindustrial private forest landowners, in the project area that may 
participate in the project along with an estimate of the total number 
of producers located in the project area. Producer participation is a 
requirement for delivery of CBWI-CCPI program benefits. How will the 
partner encourage participation to guarantee success of the project? 
Does the project include any beginning farmers or ranchers, socially 
disadvantaged farmers or ranchers, limited resource farmers or 
ranchers, and Indian Tribes? If so, how many are expected to 
participate? Are there groups of producers who may submit joint 
applications to address resource issues of common interest and need?
    (i) A listing and description of the conservation practices, 
conservation activity plans, enhancements, and partner activities to be 
implemented during the project timeframe and the general sequence of 
implementation of the project. Also address technical assistance 
efforts that will be made by the partner and those that the partner 
requests NRCS implement using eligible approved conservation practices, 
enhancements, and project financial assistance funding. In this 
section, list all the NRCS conservation practices and enhancements the 
partner wishes NRCS to offer to producers through the CBWI-CCPI 
project. Information about approved NRCS practices can be found in the 
FOTG at: http://www.nrcs.usda.gov/technical/efotg/ and descriptions of 
practices at: http://www.nrcs.usda.gov/technical/standards/. For each 
conservation practice, estimate the amount of practice extent (feet, 
acres, number, etc.) the partner expects producers to implement each 
fiscal year during the life of the project and the amount of financial 
assistance requested to support implementation of each practice through 
producer contracts. Indicate whether the project will address 
regulatory compliance and any other outcomes that partner expects to 
complete during the project period. Describe any activities that are 
innovative or include outcome-based performance measures implemented by 
the partner.
    (j) A description of the financial assistance needed annually for 
producer contracts that will be used to implement the conservation 
practices and enhancements identified in previous sections. This 
section of the proposal should also include the total amount of 
financial assistance funds requested for each fiscal year of the 
project (for multi-State projects, provide the funds and acres by State 
as appropriate), to be made available for producer contracts and cost-
share agreements.
    (k) A description of any requested policy adjustments, by program, 
with an explanation of why the adjustment is needed in order to achieve 
the objectives of the project. If a partner is requesting specific 
program flexibilities that depend on detailed participant or project 
information, the proposal must provide the needed information. Partners 
should contact their State Conservationist, or designee, to determine 
the specific information that may be required (examples of policy 
adjustments that may be allowed under this authority can be found on 
the CCPI Web site at: http://www.nrcs.usda.gov/programs/ccpi/).
    (l) A description of how the partner will provide for outreach to 
beginning farmers or ranchers, limited resource farmers or ranchers, 
socially disadvantaged farmers or ranchers, and Indian Tribes.
    (m) A description of how the proposal's objectives may provide 
additional benefits to address renewable energy production, energy 
conservation, mitigating the effects of climate change, facilitating 
climate change adaptation, or fostering carbon sequestration, if 
applicable.
    (4) Review: The State Conservationist will review and comment on 
eligible proposals to address:
    (a) Potential duplication of efforts with other projects or 
existing programs.
    (b) Adherence to, and consistency with, program regulation 
including requirements related to land and producer eligibility and use 
of approved NRCS resource concerns and conservation practices, 
enhancements, and other program requirements.
    (c) Expected benefits for project implementation in their State(s).
    (d) Other issues or concerns the State Conservationist is aware of 
that should be considered by the Chief.
    (e) A general recommendation for support or denial of project 
approval.
    Prior to submission of the proposal, potential partners are 
strongly encouraged to consult with the appropriate State 
Conservationist(s) during development to obtain guidance as to 
appropriate resource concerns to address needed conservation practices 
and other details of the project proposal.

Acknowledgement of Submission and Notifications

    Partners whose proposals have been selected will receive a letter 
of official notification. Upon notification of selection, the partner 
should contact the State Conservationist listed in the letter to 
develop the required partnership agreement and other project 
implementation requirements. Potential partners should note that 
depending upon available funding and agency priorities, NRCS may offer 
a reduced amount of program financial assistance from what was 
requested in the proposal. Partner submissions of proposals not 
selected will be notified by official letter.

Withdrawal of Proposals

    Partner proposals may be withdrawn by written notice to the 
Director, Financial Assistance Programs Division at any time prior to 
selection.

Ranking Considerations

    The Chief or designee will evaluate the proposals using a 
competitive process.
    Higher priority may be given to proposals that:
    (a) Have a high percentage of producers actively farming or 
managing working agricultural or nonindustrial private forest lands 
included in the proposed project area;
    (b) Are in the watersheds of the Susquehanna, Shenandoah, Potomac 
(North and South), and Patuxent Rivers;
    (c) Control erosion and reduce sediment and nutrient levels in 
ground and surface waters in designated priority areas;
    (d) Significantly leverage non-Federal financial and technical 
resources and coordinate with other local, State, or Federal efforts;
    (e) Deliver high percentages of applied conservation practices to 
address water quality, water conservation, or State and regional 
conservation initiatives;
    (f) Provide innovation in approved conservation practices, 
conservation methods, and delivery, including outcome-based performance 
measures and methods;
    (g) Complete the application of the conservation practices or 
activities on all of the covered program contracts or cost-share 
agreements in 5 years or less;
    (h) Assist the participants in meeting local, State, and Federal 
regulatory requirements;
    (i) Provide for monitoring and evaluation of conservation 
practices, enhancements, and activities;
    (j) Provide for matching financial or technical assistance funds to 
assist

[[Page 17689]]

participants with the implementation of their EQIP contracts and WHIP 
cost-share agreements;
    (k) Further the Nation's efforts with renewable energy production, 
energy conservation, mitigating the effects of climate change, 
facilitating climate change adaptation, or fostering carbon 
sequestration; and
    (l) Provide for outreach to, and participation of, beginning 
farmers or ranchers, socially disadvantaged farmers or ranchers, 
limited resource farmers or ranchers, and Indian Tribes within the 
proposed project area.

Partnership Agreements

    Upon selection and approval by the Chief, the agency and partner 
will enter a partnership agreement. The partnership agreement will not 
obligate funds, but will address:
    (a) The role of the partner;
    (b) The role of NRCS;
    (c) The responsibilities of the partner related to the monitoring 
and evaluation of project performance;
    (d) The frequency and duration of the monitoring and evaluation to 
be completed by the partner;
    (e) The format and frequency of reports (semi-annual, annual, and 
final) required as a condition of the partnership agreement;
    (f) Budget which includes other funding sources (if applicable) for 
financial and technical assistance;
    (g) The specified project schedule and timeframe; and
    (h) Other requirements deemed necessary by NRCS to achieve the 
purposes of the project.
    Once a proposal is selected, a partnership agreement is signed, and 
subject to the availability of funding, NRCS begins entering into EQIP 
contracts or WHIP cost-share agreements directly with eligible 
producers including nonindustrial private forest landowners who are 
participating in the project and located in the approved geographic 
area. The program used will depend upon the type of conservation 
practices to be applied. Participants may have multiple contracts 
through CBWI-CCPI if more than one covered program is needed to 
accomplish the project objectives.

Waiver Authority

    To assist in the implementation of CBWI-CCPI projects through EQIP 
or WHIP, the Chief may waive the applicability of the Adjusted Gross 
Income Limitation, on a case-by-case basis, in accordance with 7 CFR 
part 1400. Such waiver requests must be submitted in writing from the 
program applicant, addressed to the Chief, and submitted through the 
local NRCS designated conservationist.

    Signed this 1st day of April 2010 in Washington, DC.
Dave White,
Vice President, Commodity Credit Corporation and Chief, Natural 
Resources Conservation Service.

Attachment

Addresses and Phone Number of NRCS State Conservationists in States 
Having Land in the Chesapeake Bay Watershed

Delaware: Russell Morgan,
Suite 100, 1221 College Park Drive,
Dover, DE 19904-8713.
Phone: (302) 678-4160.
Fax: (302) 678-0843.
[email protected].

Maryland: Jon Hall,
John Hanson Business Center, Suite 301,
339 Busch's Frontage Road,
Annapolis, MD 21409-5543.
Phone: (410) 757-0861 Ext. 315.
Fax: (410) 757-6504.
[email protected].

New York: Astor Boozer,
Suite 354, 441 South Salina Street,
Syracuse, NY 13202-2450.
Phone: (315) 477-6504.
Fax: (315) 477-6560.
[email protected].

Pennsylvania: Dave Brown, Acting,
Suite 340, One Credit Union Place,
Harrisburg, PA 17110-2993.
Phone: (717) 237-2203.
Fax: (717) 237-2238.
[email protected].

Virginia: Jack Bricker,
Culpeper Building, Suite 209,
1606 Santa Rosa Road,
Richmond, VA 23229-5014.
Phone: (804) 287-1691.
Fax: (804) 287-1737.
[email protected].

West Virginia: Kevin Wickey,
Room 301, 75 High Street,
Morgantown, WV 26505.
Phone: (304) 284-7540.
Fax: (304) 284-4839.
[email protected].


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[FR Doc. 2010-7808 Filed 4-6-10; 8:45 am]
BILLING CODE 3410-16-P