[Federal Register Volume 79, Number 246 (Tuesday, December 23, 2014)]
[Notices]
[Pages 76952-76955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29983]


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DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

Farm Service Agency


Notice of Availability of the Final Supplemental Environmental 
Impact Statement for the Conservation Reserve Program

AGENCY: Commodity Credit Corporation and Farm Service Agency, USDA.

ACTION: Notice of Availability (NOA); request for comments.

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SUMMARY: This notice announces that the Farm Service Agency (FSA), on 
behalf of the Commodity Credit Corporation (CCC), completed a Final 
Supplemental Programmatic Environmental Impact Statement (Final SPEIS) 
that examined the potential environmental consequences associated with 
implementing the changes to the Conservation Reserve Program (CRP) 
specified in the Agricultural Act of 2014 (2014 Farm Bill), and will 
assist in developing new regulations. FSA is requesting comments on the 
Final SPEIS.

DATES: We will consider comments that we receive by February, 15, 2015.

ADDRESSES: We invite you to submit comments on the Final SPEIS. In your 
comments, include the volume, date, and page number of this issue of 
the Federal Register. You may submit comments by any of the following 
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow online instructions for submitting 
comments.
     E-Mail: [email protected].
     Online: Go to the Web site at http://crpspeis.com. Follow 
online instructions for submitting comments.
     Fax: (757) 594-1469.
     Mail, hand delivery, or courier: CRP SPEIS, C/O Cardno, 
501 Butler Farm Road, Suite H, Hampton, VA 23666.
    A copy of the Final SPEIS is available through the FSA homepage: 
http://www.fsa.usda.gov/FSA/webapp?area=home&subject=ecrc&topic=nep-cd.

FOR FURTHER INFORMATION CONTACT: Nell Fuller, (202) 720-6303. Persons 
with disabilities who require alternative means for communication 
(Braille, large print, audio tape, etc.) should contact

[[Page 76953]]

the USDA Target Center at (202) 720-2600 (voice).

SUPPLEMENTARY INFORMATION: The National Environmental Policy Act (NEPA, 
42 U.S. C. 4321-4347) provides a means for the public to provide input 
on alternatives and environmental concerns for Federal programs or 
actions. The CRP Final SPEIS was completed as required by NEPA, the 
Council on Environmental Quality (CEQ) Regulations for Implementing the 
Procedural Provisions of NEPA (40 CFR parts 1500-1508), and FSA's NEPA 
regulations for compliance with NEPA (7 CFR part 799). FSA provided 
notice of its intent (NOI) to prepare the CRP SPEIS in the Federal 
Register on November 29, 2013 (78 FR 71561-71562), and solicited public 
comment on the preliminary alternatives for analyzing changes to CRP 
required by the 2014 Farm Bill. The Draft SPEIS public comment period 
began with a Notice of Availability (NOA) published in the Federal 
Register on July 15, 2014 (79 FR 41247-41249); some changes made to the 
SPEIS resulted from FSA analysis of those public comments.
    In accordance with the 2014 Farm Bill, FSA plans to consolidate a 
number of conservation programs, which will have the effect of 
simplifying the programs, reducing overlapping goals, and reducing 
overall budgets. Moreover, many of the changes to CRP from the 2014 
Farm Bill are administrative in nature, would not result in major 
changes to the current administration of CRP, or have been addressed in 
previous NEPA documentation concerning CRP. These changes do not 
require further analysis in the SPEIS. Those changes, and the 
justification for eliminating them from analysis, include the 
following, each of which is discussed below:
     Maximum enrollment authority;
     Farmable Wetlands Program enrollment changes;
     Tree thinning payments;
     Early termination of contracts;
     Managed harvesting and routine grazing payment reduction;
     Transition option funding;
     Prescribed grazing frequency; and,
     Intermittent and seasonal use of vegetative buffers.

Maximum Enrollment Authority

    The maximum enrollment authority will be gradually reduced to 24 
million acres by 2017, as required by the 2014 Farm Bill. The ``2010 
Conservation Reserve Program Supplemental Environmental Impact 
Statement'' (referred to as the 2010 CRP SEIS) analyzed an alternative 
to reduce the enrollment authority to 24 million acres; therefore, that 
analysis is incorporated by reference.

Farmable Wetland Program Enrollment Changes

    The change in the 2014 Farm Bill to reduce the maximum enrollment 
authority to 750,000 acres nationally (from 1 million) would still 
allow for up to approximately 410,000 acres of farmable wetlands to be 
enrolled in the Farmable Wetland Program. The mandated reduction in 
enrollment is not required to be analyzed since there is no discretion 
for any other level. Additionally, the mandatory reduction is not 
expected to affect actual enrollment, as historically enrollment has 
been well below the cap.

Tree Thinning Payments

    The payment authority for tree thinning activities was reduced to 
$10 million and incentive payments are allowed. However, the 2014 Farm 
Bill change allows FSA to incentivize owners and operators to conduct 
other practices and utilize management tools that would promote forest 
management, enhance the overall health of tree stands, improve the 
condition of resources, or provide valuable habitat for wildlife. Less 
than $50,000 in payments has been provided for tree thinning activities 
since the enactment of the Food, Conservation, and Energy Act of 2008 
(Pub. L. 110-246, commonly referred to as the 2008 Farm Bill). The 
reduction in funding available for tree thinning activities would not 
represent a real change in current use of the funds and does not 
require further analysis.

Early Termination of Contracts

    As provided in the 2014 Farm Bill, the early termination provision 
of CRP that previously applied only to contracts entered into before 
January 1, 1995, will be modified to apply, only during fiscal year 
2015, to allow CRP participants to elect early termination of certain 
CRP contracts, provided the contract has been in place for at least 5 
years. The 2014 Farm Bill mandates providing an opportunity for the 
early termination of CRP contracts, if certain criteria are met; FSA 
does not have any discretion whether to implement that change. 
Therefore, this change does not require further NEPA analysis. FSA 
estimates that approximately 3 million acres would be eligible for 
early termination under the provision.

Managed Harvesting and Routine Grazing Payment Reduction

    As required by the 2014 Farm Bill, a rental payment reduction of at 
least 25 percent for managed harvesting or routine grazing must be 
assessed. This change clarifies the existing administrative procedure 
related to these practices. A payment reduction of 25 percent was 
evaluated in the 2010 CRP SEIS; that analysis is incorporated by 
reference. Therefore, these changes do not require further analysis in 
the SPEIS.

Transition Option Funding

    As specified in the 2014 Farm Bill, the funding authority to 
encourage the transfer of land from a retiring farmer or rancher to a 
beginning farmer or rancher, or to a socially disadvantaged farmer or 
rancher, would be increased to $33 million and would expand the 
eligibility to include farmers or ranchers who are military veterans 
(as defined in the Food, Agriculture, Conservation, and Trade Act of 
1990, Pub. L. 101-624 (commonly referred to as the 1990 Farm Bill)). 
This is a non-discretionary, administrative change and does not require 
further analysis in this SPEIS.

Prescribed Grazing Frequency

    FSA allows annual prescribed grazing for control of invasive 
plants. The 2010 CRP SEIS evaluated the impacts of prescribed grazing 
in compliance with a grazing plan, which is part of the Conservation 
Plan that includes frequency, timing, stocking rates, and type of 
grazing animal. That analysis is incorporated by reference. The 2014 
Farm Bill provides clarification that such grazing can occur as 
determined in consultation with the State Technical Committee; this 
change does not require further analysis.

Intermittent and Seasonal Use of Vegetative Buffers

    The 2014 Farm Bill allows for the intermittent and seasonal use of 
vegetative buffer practices incidental to agricultural production on 
lands adjacent to the buffer provided this use does not destroy the 
permanent vegetative cover. This is an activity that already occurs 
under the current administration of the program and is referred to as 
``incidental grazing.'' The 2014 Farm Bill clarifies this existing 
administrative procedure. This section was included as a result of 
agency and public comments.

Alternatives

    Many provisions of the 2014 Farm Bill are non-discretionary, 
meaning that implementation is mandatory and specifically required by 
to be implemented. As FSA has no decision-making authority over these 
non-discretionary aspects of the 2014 Farm

[[Page 76954]]

Bill, they are assessed in the Final SPEIS as part of the No Action 
Alternative.
    Other provisions of the 2014 Farm Bill provide overall guidance for 
CRP, but FSA has some discretion in how to implement those provisions. 
These discretionary aspects of the 2014 Farm Bill form the Proposed 
Action. In addition, FSA proposes to implement additional discretionary 
measures for targeting enrollment of environmentally sensitive lands 
and to expand the flexibility of emergency haying and grazing in 
drought-designated areas to provide necessary support to producers and 
ranchers during difficult times. The Final SPEIS assesses the following 
alternatives: The No Action Alternative and the Proposed Action.

No Action Alternative

    The No Action Alternative includes the following, each of which is 
discussed below:
     Grasslands eligibility and authorized activities;
     Enrollment in new program during final year of contract; 
and
     Emergency haying and grazing payment reduction.

Grasslands Eligibility and Authorized Activities

    The 2014 Farm Bill makes grasslands, which would have been 
previously eligible for the Grassland Reserve Program (GRP), eligible 
for enrollment in CRP. The eligibility of grasslands and authorized 
activities are the same as those previously defined for GRP. Grasslands 
enrollment would be limited to no more than 2 million acres at any 
given time and would count against the total CRP maximum enrollment 
authority. Enrollment would occur through Continuous Sign-up. 
Grasslands would be enrolled in 10- or 15-year contracts like other CRP 
acreage. Certain authorized activities on grasslands would differ from 
other CRP lands and include:
     Common grazing practices;
     Haying, mowing, or harvesting for seed production;
     Fire suppression, fire-related rehabilitation, and 
construction of fire breaks; and
     Grazing-related activities, such as fencing and livestock 
watering.

Enrollment in New Program During the Final Year of the Contract

    In accordance with the 2014 Farm Bill, FSA will allow a CRP 
participant to enroll expiring CRP land into the Conservation 
Stewardship Program during the year prior to the expiration of the 
contract. FSA encourages agricultural and forestry producers to address 
resource concerns by undertaking additional conservation activities and 
improving and maintaining existing conservation systems. FSA pays 
participants for conservation performance--the higher the performance, 
the higher the payment. Land is enrolled in 5 year contracts through 
Continuous Sign-up. A stipulation in the 2014 Farm Bill would allow 
expiring CRP land to be enrolled in a new program, the Agricultural 
Conservation Easement Program, without violation of the CRP contract. 
In general, the Agricultural Conservation Easement Program combines the 
purposes of the Wetlands Reserve Program, the GRP, and the Farm and 
Ranchlands Protection Program by enrolling land in long-term or 
permanent easements.

Emergency Haying and Grazing Payment Reduction

    As specified in the 2014 Farm Bill, harvesting, grazing, or other 
commercial use of the forage in response to a drought, flooding, or 
other emergency is authorized without any reduction in the rental rate. 
Under existing CRP rules, generally a 25 percent payment reduction is 
assessed for lands grazed or hayed during droughts or other 
emergencies. In response to worsening drought conditions in recent 
years, the rental payment reduction was reduced to 10 percent in 2012 
and 2013. Removing the payment reduction for emergency haying and 
grazing is mandated in the 2014 Farm Bill and is therefore assessed as 
part of the No Action Alternative.

Proposed Action Alternative

    Some elements of the 2014 Farm Bill provide overall guidance, but 
details of implementation are left to FSA's discretion. These 
discretionary aspects of the 2014 Farm Bill form the Proposed Action 
Alternative. In addition to the 2014 Farm Bill mandatory provisions, 
FSA proposes to implement additional discretionary measures for 
targeting enrollment of environmentally sensitive lands, increase 
flexibility in managed harvesting and routine grazing frequencies, and 
expand the flexibility of emergency haying and grazing in drought-
designated areas. The targeted enrollment provision has been revised in 
response to agency and public comments. The components of the Proposed 
Action include the following, each of which is discussed below:
     Targeted enrollment;
     Managed harvesting and routine grazing frequencies; and
     Emergency haying and grazing on additional conservation 
practices.

Targeted Enrollment

    The 2014 Farm Bill reduces the maximum enrollment for CRP to 24 
million acres by 2017. The reduced enrollment authority requires on FSA 
to ensure enrolled land maximizes environmental benefits using 
available funding. Historically, FSA has used Continuous Sign-ups to 
target environmentally desirable lands through several initiatives and 
programs. As of September 2014, there were over 4 million acres 
enrolled under Continuous CRP.
    The demand and need for conservation is increasing as budgetary and 
statutory constraints have tightened, and as a result FSA has explored 
alternative ways to enroll acres. To increase the environmental 
benefits generated per Federal dollar spent, FSA could implement a 
reverse auction when targeting enrollment for certain current or new 
initiatives. A reverse auction is simply a process in which many 
``sellers'' compete with each other for the attention of a single 
``buyer'' who then selects the most attractive offers from them. 
Appropriately developed, a limited reverse auction may motivate 
producers to submit a bid near the minimum amount they are willing to 
accept to enroll in CRP.

Managed Harvesting and Routine Grazing Frequencies

    As specified in the 2014 Farm Bill, FSA continues to allow for 
managed harvesting (hay or biomass) and routine grazing of CRP acres 
provided that these activities are included in the Conservation Plan 
and are consistent with the conservation of soil, water quality, and 
wildlife habitat. Harvesting and grazing activities must still avoid 
the Primary Nesting Season. The State Technical Committee must develop 
appropriate vegetation management requirements and identify periods 
during which the activities could occur such that the frequency is:
     At least once every 5 years, but no more frequent than 
once every 3 years for managed harvesting; and
     Not more frequent than once every 2 years for routine 
grazing.

Emergency Haying and Grazing on Additional Conservation Practices

    The Proposed Action includes making additional conservation 
practices that are currently ineligible for any type of haying or 
grazing, eligible for emergency haying and grazing to provide support 
to livestock producers during severe

[[Page 76955]]

drought conditions. Allowing haying and grazing on the proposed 
conservation practices in drought-designated areas would require 
concurrence and approval by certain State or Federal agencies.

Public Involvement

    The Final SPEIS provides a means for the public and any interested 
parties to provide comments about the CRP changes analyzed in the 
SPEIS. The Final SPEIS can be reviewed online at: http://www.fsa.usda.gov/FSA/webapp?area=home&subject=ecrc&topicnep-cd or at 
http://crpspeis.com.
    FSA received eight comments from Federal, state, and local 
government agencies, as well as private organizations and members of 
the concerned public in response to the NOI. The comments raised 55 
individual issues covering a range of topics including legislation 
changes, CRP maximum enrollment and acreages, regional differences in 
haying and grazing impacts, lack of thorough environmental and 
socioeconomic impact analysis in previous NEPA documentation, and CRP 
funding policy. The comments were considered in developing the Proposed 
Action and the SPEIS environmental consequences to ensure the concerns 
were adequately addressed.
    The NOA provided a summary of the changes to CRP, the Proposed 
Action, and the No Action Alternative. Also included in the NOA was a 
description of how to provide comments, as well as a list of the dates, 
times, and locations of the public meetings that were held as a part of 
the public involvement process. The information about where and when 
those meeting were held are shown below in Table 1. FSA held 5 public 
meetings to provide information and opportunities for discussing the 
changes to CRP identified in the 2014 Farm Bill and analyzed in the 
Draft SPEIS. The public meetings featured an Open House format, and 
interested parties were invited to attend the meetings at any time 
during the allotted timeframes. Posters and informational handouts as 
well as FSA representatives were available for the duration of the 
meetings to answer questions concerning the Draft CRP SPEIS.

          Table 1--Public Meeting Dates, Times, and Locations.
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            Date                    Time          Location information
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July 21, 2014...............  6:00 p.m.-8:00   Hilton Garden Inn,
                               p.m.             Spokane Airport, 9015
                                                West SR Highway 2,
                                                Spokane, Washington,
                                                99224.
July 22, 2014...............  6:00 p.m.-8:00   Holiday Inn, Great Falls,
                               p.m.             1100 5th Street, South
                                                Falls, Montana, 59405.
August 4, 2014..............  6:00 p.m.-8:00   Plains Cotton Cooperative
                               p.m.             Association, 3301 East
                                                50th Street, Lubbock,
                                                Texas, 79404.
August 5, 2014..............  6:00 p.m.-8:00   Stillwater Library, 1107
                               p.m.             S Duck Street,
                                                Stillwater, Oklahoma,
                                                74074.
August 6, 2014..............  6:00 p.m.-8:00   Courtyard By Marriott and
                               p.m.             Moorhead Area,
                                                Conference Center, 1080
                                                28th Avenue, South,
                                                Moorhead, Minnesota,
                                                56560.
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    FSA received 18 comments during the comment period. Those 18 
comments included 75 issues to be considered in the Final SPEIS. Table 
2 provides a breakdown of the comments by category.

            Table 2--Number of Comments Received by Category
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                                                              Number of
                     Comment category                         comments
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Alternative...............................................            1
Cumulative impacts........................................            3
Early termination of contract.............................            2
Emergency haying and grazing..............................           22
Farmable wetlands.........................................            1
Final year of contract....................................            1
Grassland enrollment......................................           14
Haying and grazing payment reduction......................            1
Intermittent and seasonal use of buffer...................            1
Managed harvesting and routine grazing frequencies........           11
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    The comment summary report is included as an appendix in the CRP 
SPEIS. The report provides additional detail on the Draft SPEIS comment 
process, a copy of the NOA, copies of all public meeting materials, and 
responses to all 75 substantive issues and how they were addressed in 
the Final SPEIS.

    Signed on December15, 2014.
Val Dolcini,
Administrator, Farm Service Agency, and Executive Vice President, 
Commodity Credit Corporation.
[FR Doc. 2014-29983 Filed 12-22-14; 8:45 am]
BILLING CODE 3410-05-P