[Federal Register Volume 75, Number 234 (Tuesday, December 7, 2010)]
[Notices]
[Pages 75959-75961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30674]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service


Notice of Intent: To Request a Revision of a Currently Approved 
Information Collection

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

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (Pub. 
L. 104-13), and the Office of Management and Budget (OMB) regulations 
at 5 CFR 1320 (60 FR 44978, August 29, 1995), this notice announces the 
Natural Resources Conservation Service's (NRCS) intention to revise a 
currently approved information collection, Long-Term Contracting, to 
clarify for the public information that is no longer included in the 
collection.

DATES: To ensure consideration, comments must be received on or before 
January 6, 2011.

ADDRESSES: You may send comments using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending comments 
electronically.
     E-mail: [email protected].
     Mail: Paperwork Reduction Act Comments, Department of 
Agriculture, Natural Resources Conservation Service, P.O. Box 2890, 
Washington, DC 20013.
     Hand Delivery: Department of Agriculture, 1400 
Independence Avenue, SW., Room 6819 South Building, Washington, DC 
20250, between 9 a.m. and 4 p.m. Eastern time, Monday through Friday, 
except Federal Holidays. Please ask the guard at the entrance to the 
South Building to call (202) 720-1854 in order to be escorted into the 
building.

FOR FURTHER INFORMATION CONTACT: Phyllis Watkins, Forms Manager, 
Administrative Services Division, Department of Agriculture, Natural 
Resources Conservation Service, 1400 Independence Avenue, SW., Room 
4235 South Building, Washington, DC 20250; Telephone: (202) 720-3770; 
Fax: (202) 720-4659. Persons with disabilities who require alternative 
means for communication (Braille, large print, audiotape, etc.) should 
contact the USDA Target Center at (202) 720-2600 (voice and TDD).

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 0578-0013.
    Expiration Date of Approval: May 31, 2012.
    Type of Request: To revise a currently approved information 
collection to update and clarify information that is no longer included 
in the information collection.
    Abstract: The primary objective of NRCS is to work in partnership 
with the American people and the farming and ranching community to 
conserve and sustain our natural resources on privately owned land. The 
purpose of the Long-Term Contracting information collection is to allow 
for programs to provide Federal technical and financial cost-sharing 
assistance through long-term contracts to eligible producers, 
landowners, and entities. These contracts provide for making land use 
changes and installing conservation measures and practices to conserve, 
develop, and use the soil, water, and related natural resources on 
private lands. Under the terms of the agreement, the participant agrees 
to apply, or arrange to apply, the conservation treatment specified in 
the conservation plan. In return for this agreement, Federal financial 
assistance payments are made to the land user, or third party, upon 
successful application of the conservation treatment. Additionally, 
NRCS purchases easements for the long-term protection of the property 
and provides for the protection and management of the property for the 
life of the easement.
    The information collected through this package is used by NRCS to 
ensure the proper use of program funds.
    Section 2904 of the Food, Conservation, and Energy Act of 2008 
(2008 Act) (Pub. L. 110-246) exempts Conservation Programs under Title 
II of the 2008 Act from Chapter 35 of Title 44, U.S.C. (Paperwork 
Reduction Act). The programs in this information collection that 
continue to be subject to the requirements to the Paperwork Reduction 
Act are listed in Table A. This request will clarify the programs in 
this information collection that are no longer subject to these 
requirements, and will identify the reduction in burden by removing 
these forms from the current information collection package. The 
exempted programs are listed in Table B.

    Table A--Conservation Programs Subject to the Requirements of the
                         Paperwork Reduction Act
------------------------------------------------------------------------
               Program                            Description
------------------------------------------------------------------------
Emergency Conservation Program (ECP)   USDA Farm Service Agency's ECP
 (7 CFR part 701).                      provides emergency funding and
                                        technical assistance for farmers
                                        and ranchers to rehabilitate
                                        farmland damaged by natural
                                        disasters and for carrying out
                                        emergency water conservation
                                        measures in periods of severe
                                        drought. Funding for ECP is
                                        appropriated by Congress.
Emergency Watershed Program (EWP) (7   The EWP was initiated in 1950 and
 CFR part 624).                         is administered by NRCS. It
                                        provides technical and financial
                                        assistance to local institutions
                                        for the removal of storm and
                                        flood debris from stream
                                        channels and for the restoration
                                        of stream channels and levees to
                                        reduce the threat to life and
                                        property. The program also
                                        provides for establishing
                                        permanent easements in
                                        floodplains with private
                                        landowners.
Resource Conservation and Development  The RC&D was initiated in 1962
 Program (RC&D).                        and is administered by NRCS.
                                        Through this program, NRCS
                                        assists multi-county areas in
                                        enhancing conservation, water
                                        quality, wildlife habitat,
                                        recreation, and rural
                                        development. The program
                                        provides technical and limited
                                        financial assistance for the
                                        planning and installation of
                                        approved projects.
Watershed Protection and Flood         The WPFPP, otherwise known as
 Prevention Program (WPFPP) (7 CFR      Pub. L. 566, was initiated in
 part 622).                             1954 and is administered by
                                        NRCS. It assists State and local
                                        units of government in flood
                                        prevention, watershed
                                        protection, and water
                                        management. Part of this effort
                                        involves the establishment of
                                        conservation practices on
                                        private lands to reduce erosion,
                                        sedimentation, and runoff.

[[Page 75960]]

 
Healthy Forests Reserve Program        HFRP is a voluntary program
 (HFRP) (7 CFR part 625).               established for the purpose of
                                        restoring and enhancing forest
                                        ecosystems to: 1) Promote the
                                        recovery of threatened and
                                        endangered species; 2) improve
                                        biodiversity; and 3) enhance
                                        carbon sequestration. The HFRP
                                        was signed into law as part of
                                        the Healthy Forests Restoration
                                        Act of 2003 and amended by the
                                        2008 Act authorized to be
                                        carried out from 2009 through
                                        2012.
Wetland Conservation (WC or            The Wetland Conservation
 Swampbuster) (7 CFR part 12).          provisions are part of the Food
                                        Security Act of 1985, as amended
                                        by the Food, Agriculture,
                                        Conservation, and Trade Act of
                                        1990 and the Federal Agriculture
                                        Improvement and Reform Act of
                                        1996. The WC or Swampbuster
                                        provisions condition receipt of
                                        USDA benefits on landowners and
                                        operators not converting
                                        wetlands for agricultural
                                        production purposes or to make
                                        possible the production of an
                                        agricultural commodity. All the
                                        programs in this collection
                                        except WHIP are subject to
                                        compliance with these
                                        provisions. Additionally, many
                                        of the programs in this
                                        collection condition eligibility
                                        for certain practices on the
                                        type of wetlands present on the
                                        farm or ranch, thereby needing a
                                        certified wetland determination
                                        completed per the regulation in
                                        7 CFR part 12, subparts A and C.
------------------------------------------------------------------------


  Table B--Conservation Programs Exempted From the Requirements of the
                         Paperwork Reduction Act
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Wetlands Reserve Program (WRP)....  WRP is a voluntary program
                                     established to assist owners of
                                     eligible lands in restoring and
                                     protecting wetlands. It is the goal
                                     of WRP to maximize wetland
                                     functions and values and optimize
                                     wildlife habitat benefits on every
                                     acre enrolled in the program
                                     particularly for migratory birds
                                     and other wetland dependent
                                     wildlife.
Farm and Ranch Lands Protection     The FRPP is a voluntary program that
 Program (FRPP).                     helps farmers and ranchers keep
                                     their land in agriculture. The
                                     program provides matching funds to
                                     State, tribal, or local governments
                                     and non-governmental organizations
                                     with existing FRPPs to purchase
                                     conservation easements.
Conservation Security Program       CSP is a voluntary program that
 (CSP).                              provides financial and technical
                                     assistance to promote the
                                     conservation and improvement of
                                     soil, water, air, energy, plant and
                                     animal life, and other conservation
                                     purposes on tribal and private
                                     working lands. The program is
                                     available in all 50 States, the
                                     Caribbean Area, and the Pacific
                                     Basin area. The program provides
                                     equitable access to benefits to all
                                     producers, regardless of size of
                                     operation, crops produced, or
                                     geographic location.
Conservation Stewardship Program..  The Conservation Stewardship Program
                                     is a voluntary program that
                                     provides financial and technical
                                     assistance to promote the
                                     conservation and improvement of
                                     soil, water, air, energy, plants,
                                     and animals. It is mentioned here
                                     to clearly indicate this program as
                                     exempt from the Paperwork Reduction
                                     Act and has never been under its
                                     confines.
Grassland Reserve Program (GRP)...  GRP is a voluntary program
                                     established for the purpose of
                                     protecting grazing uses and related
                                     conservation values by conserving
                                     and restoring grassland resources.
                                     GRP helps landowners and operators
                                     restore and protect grassland,
                                     including rangeland and
                                     pastureland, and certain other
                                     lands, while maintaining the areas
                                     as grazing lands. The program
                                     emphasizes support for grazing
                                     operations, plant and animal
                                     biodiversity, and grasslands and
                                     shrub lands under the greatest
                                     threat of conversion.
Wildlife Habitat Incentive Program  WHIP is a voluntary program that
 (WHIP).                             provides technical and financial
                                     assistance to enable eligible
                                     participants to protect, restore,
                                     develop, or enhance habitat for
                                     upland wildlife, wetland wildlife,
                                     threatened and endangered species,
                                     fish, and other types of wildlife
                                     in an environmentally beneficial
                                     and cost effective manner. The
                                     purpose of the program is to
                                     develop high quality wildlife
                                     habitats that support wildlife
                                     populations of local, State, and
                                     national significance.
Agricultural Management Assistance  AMA provides cost share assistance
 (AMA).                              to agricultural producers to
                                     voluntarily address issues such as
                                     water management, water quality,
                                     and erosion control by
                                     incorporating conservation into
                                     their farming operations. AMA is
                                     available only in 15 States where
                                     participation in the Federal Crop
                                     Insurance Program is historically
                                     low. Producers may construct or
                                     improve water management structures
                                     or irrigation structures; plant
                                     trees for windbreaks or to improve
                                     water quality; and mitigate risk
                                     through production diversification
                                     or resource conservation practices,
                                     including soil erosion control,
                                     integrated pest management, or
                                     transition to organic farming.
Environmental Quality Incentives    EQIP is a voluntary conservation
 Program (EQIP).                     program for farmers and ranchers
                                     that promotes agricultural
                                     production and environmental
                                     quality as compatible national
                                     goals. EQIP offers financial and
                                     technical help to assist eligible
                                     participants to install or
                                     implement structural and management
                                     practices on eligible agricultural
                                     land.
------------------------------------------------------------------------

    The conservation programs exempted from the Paperwork Reduction Act 
requirements accounted for a majority of the forms submitted and 
completed annually. The removal of these programs from the current 
information collection will result in a significant reduction in burden 
hours. Table C shows only the burden for those programs that are 
subject to the requirements of the Paperwork Reduction Act. The burden 
associated with those programs exempted from the Paperwork Reduction 
Act (as identified in Table B) has been removed.

[[Page 75961]]



                     Table C--Burden for Required Programs Under the Paperwork Reduction Act
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                Form                         Purpose               Program(s)        * Number submitted annually
----------------------------------------------------------------------------------------------------------------
AD-1153 NRCS-CPA-1200..............  Application...........  EWP, WPFPP, HFRP......  750; Estimated time per
                                                                                      participant is .69 per
                                                                                      response.
AD-1154 NRCS-CPA-1202..............  Contract or Agreement.  EWP, HFRP.............  150; Estimated time per
                                                                                      participant .69 per
                                                                                      response.
AD-1155 NRCS-CPA-1155..............  Schedule of Practices/  EWP, WPFPP, HFRP......  300; Estimated time per
                                      Costs and signature                             participant .75 per
                                      sheet.                                          response.
AD-1156 NRCS-CPA-1156..............  Schedule Modification.  EWP, WPFPP, HFRP......  25; Estimated time per
                                                                                      participant .60 per
                                                                                      response.
NRCS-LTP-13 NRCS-CPA-013...........  Status/Contract Review  EWP, WPFPP, HFRP......  250; Estimated time per
                                                                                      participant .69 per
                                                                                      response.
NRCS-LTP-20 NRCS-CPA-260...........  Warranty, Easement      EWP, HFRP.............  150; Estimated time per
                                      Deed Conservation,                              participant .69 per
                                      Easement Deed.                                  response.
AD-1157............................  Option to Purchase      EWP, HFRP.............  165; Estimated time per
                                      Easement.                                       participant .69 per
                                                                                      response.
AD-1157A...........................  Option to Purchase,     EWP, HFRP.............  120; Estimated time per
                                      Amendment.                                      participant .69 per
                                                                                      response.
AD-1158............................  Subordination           EWP, HFRP.............  100; Estimated time per
                                      Agreement and Limited                           participant .69 per
                                      Lien Waiver.                                    response.
AD-1159............................  Notice of Intent to     Not used by any non-    ...........................
                                      Continue.               exempt program.
AD-1160............................  Compatible Use          EWP, HFRP.............  200; Estimated time per
                                      Application.                                    participant .66 per
                                                                                      response.
AD-1161............................  Application for         EWP, HFRP.............  200; Estimated time per
                                      Payment.                                        participant .58 per
                                                                                      response.
NRCS-LTP-151.......................  Contract Violation      HFRP, EWP.............  20; Estimated time per
                                      Notification.                                   participant .69 per
                                                                                      response.
NRCS-LTP-152.......................  Transfer Agreement....  HFRP, EWP.............  5; Estimated time per
                                                                                      participant 1.0 per
                                                                                      response.
NRCS-LTP-153.......................  Agreement Covering Non- HFRP, EWP.............  10; Estimated time per
                                      Compliance With                                 participant .69 per
                                      Provisions of the                               response.
                                      Contract.
NRCS-CPA-38........................  Request for Certified   WC....................  5,000; Estimated time per
                                      Wetland Determination                           participant .83 per
                                      or Delineation.                                 response.
NRCS-CPA-68........................  Conservation Plan.....  CTA, HFRP.............  2,700; Estimated time per
                                                                                      participant .69 per
                                                                                      response.
----------------------------------------------------------------------------------------------------------------
* The number submitted annually provides the number of forms completed by respondents and the approximate number
  of hours to complete each form. The response time is taken from the forms themselves as identified in the OMB
  Disclosure Statement where available.

    NRCS anticipates the total number of respondents will be 10,145 
(previously 37,504 hours) and that the total burden hours will be 7,661 
(previously 25,291 hours). The estimated burden per response depends 
upon the specific form. This burden amount is identified by form in 
Table C and ranges from .58 hour to 1 hour per respondent.
    NRCS employees generally complete the remainder of the forms in the 
collection and review the documents with the program participant for 
concurrence and acceptance. The burden was estimated based on a 
projected average of documents to be filed annually based on the 
funding level for the authorized conservation programs. The burden 
hours have been significantly reduced from the previous submission due 
to the exemption of Conservation Programs under Title II of the 2008 
Act from Chapter 35 of Title 44, U.S.C. (Paperwork Reduction Act). The 
number of respondents was averaged from fiscal year (FY) 2008 through 
FY 2010. The total annual cost to the respondents is $91,932. This 
figure is computed based on 7,661 burden hours times a wage of $12.00 
per hour.
    Comments: Comments are requested on: (a) Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information will 
have practical utility; (b) the accuracy of the agency's estimate of 
the burden hours (including hours and cost) of the proposed collection 
of information; (c) ways to enhance the quality, utility, and clarity 
of the information to be collected; and (d) ways to minimize the burden 
of the collection of information on respondents, including through the 
use of automated collection techniques or other forms of information 
technology. Comments will be summarized and included in the request for 
OMB approval of this information collection, and they will also become 
a matter of public record.

    Signed this 2nd day of December, 2010 in Washington, DC.
Dave White,
Chief, Natural Resources Conservation Service.
[FR Doc. 2010-30674 Filed 12-6-10; 8:45 am]
BILLING CODE 3410-16-P