[Federal Register Volume 76, Number 79 (Monday, April 25, 2011)]
[Rules and Regulations]
[Page 22785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9870]



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 Rules and Regulations
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  Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules 
and Regulations  

[[Page 22785]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 12

[Docket No. NRCS-2011-0010]
RIN 0578-AA58


Wetland Conservation

AGENCY: Office of the Secretary, United States Department of 
Agriculture (USDA).

ACTION: Final rule.

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

SUMMARY: The United States Department of Agriculture is removing 
obsolete provisions from the Code of Federal Regulations. This action 
removes provisions concerning the Natural Resources Conservation 
Service's (NRCS) coordination responsibilities.

DATES: Effective Date: The rule is effective April 25, 2011.

FOR FURTHER INFORMATION CONTACT: Terrell Erickson, Director, Ecological 
Sciences Division, U.S. Department of Agriculture, Natural Resources 
Conservation Service, Room 6819, South Building, P.O. Box 2890, 
Washington, DC 20013-2890; Phone: (202) 720-5992; Fax: (202) 720-2646; 
or E-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

Regulatory Certifications

Executive Orders

    This document does not meet the criteria for a significant 
regulatory action as specified by E.O. 12866. This action also has no 
federalism or tribal implications, and will not impose substantial 
unreimbursed compliance costs on States, local governments, or Indian 
tribal governments. Therefore, impact statements are not required under 
E.O. 13132 or 13175.

Regulatory Flexibility Act

    The Regulatory Flexibility Act is not applicable to this rule 
because neither the Secretary of Agriculture nor NRCS is required by 5 
U.S.C. 553 or any other law to publish a notice of proposed rulemaking 
for the subject matter of this rule.

Environmental Evaluation

    This rule will have no significant effect on the human environment 
and is categorically exempt under 7 CFR 1b.3(a)(6); therefore, neither 
an environmental assessment nor an environmental impact statement is 
required.

Paperwork Reduction Act

    This rule does not contain reporting or recordkeeping requirements 
subject to the Paperwork Reduction Act.

Background

    Existing wetland conservation provisions in 7 CFR part 12 require 
that NRCS' certification of a wetland determination be completed 
according to procedures agreed to by the Army Corps of Engineers (COE), 
the Environmental Protection Agency (EPA), and the U.S. Fish and 
Wildlife Service. In 1994, the Departments of Agriculture and the 
Interior, the Army, and the Environmental Protection Agency entered 
into a Memorandum of Agreement (MOA) concerning the delineation of 
wetlands for purposes of Section 404 of the Clean Water Act (CWA) and 
Title XII of the Food Security Act of 1985 (FSA). The MOA was developed 
to streamline the wetland delineation process on agricultural lands, to 
promote consistency between the CWA and the FSA, and to provide 
predictability and simplification for USDA program participants. 
However, subsequent amendments to FSA and court decisions made the MOA 
and parts of 7 CFR 12.30 no longer applicable, and USDA and COE 
withdrew from the MOA in January 2005.
    1996 amendments to FSA eliminated the concept of ``abandonment'' 
for prior converted (PC) cropland. As a result, land may be considered 
non-wetland for FSA compliance purposes, but considered wetland for CWA 
purposes. 2002 amendments to FSA prohibit NRCS from sharing 
confidential producer information, including geospatial information, to 
agencies outside USDA. This prohibits NRCS from providing wetland 
delineations and determinations to the COE and EPA for CWA permitting 
and enforcement. Finally, as a result of U.S. Supreme Court decisions, 
a wetland may be subject to FSA Compliance, but no longer regulated by 
the COE for CWA purposes. These inconsistencies in jurisdiction do not 
allow the two agencies to have consistent wetland determinations.

List of Subjects in 7 CFR Part 12

    Administrative practices and procedures, Soil conservation, 
Wetlands.

    For the reasons stated in the preamble, USDA amends part 12 of 
Title 7 of the Code of Federal Regulations as set forth below:

PART 12--HIGHLY ERODIBLE AND WETLAND CONSERVATION

0
1. The authority citation for part 12 continues to read as follows:

    Authority:  16 U.S.C. 3801 et seq.

Subpart C--Wetland Conservation


Sec.  12.30  [Amended]

0
2. In Sec.  12.30, remove paragraph (a)(8) and remove the second 
sentence from paragraph (c)(1).

    Signed in Washington, DC, on April 5, 2011.
Thomas J. Vilsack,
Secretary.
[FR Doc. 2011-9870 Filed 4-22-11; 8:45 am]
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