[Federal Register Volume 80, Number 68 (Thursday, April 9, 2015)]
[Rules and Regulations]
[Pages 19007-19009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08008]



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 Rules and Regulations
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  Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Rules 
and Regulations  

[[Page 19007]]



DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

7 CFR Parts 610, 622, 624, 625, 652, and 662

Commodity Credit Corporation

7 CFR Parts 1455 and 1465

[Docket No. NRCS-2014-0006]
RIN 0578-AA60


Changes to Existing Conservation Program Regulations

AGENCY: Natural Resources Conservation Service (NRCS) and the Commodity 
Credit Corporation (CCC), United States Department of Agriculture 
(USDA).

ACTION: Final rule.

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

SUMMARY: The Agricultural Act of 2014 (the 2014 Act) made several 
nondiscretionary changes to NRCS conservation programs. These 
conservation programs have existing regulations that required 
adjustments. These adjustments include addressing the required review 
of operating procedures of the State Technical Committee, adding 
reference of the Regional Conservation Partnership Program (RCPP) to 
the Watershed Protection and Flood Prevention Act program regulations, 
adding reference of RCPP to the Healthy Forests Reserve Program (HFRP), 
expanding the definition of ``acreage owned by Indian Tribes'' under 
HFRP, revising and simplifying the Regional Equity provision, and 
adjusting the Agricultural Management Assistance (AMA) Program to 
correspond with changes to payment provisions under the Environmental 
Quality Incentives Program (EQIP). Additionally, the Secretary of 
Agriculture delegated to NRCS administrative responsibility for 
implementing the Voluntary Public Access and Habitat Incentive Program 
(VPA-HIP), and internal NRCS administrative changes warrant updating 
the appropriate delegated official in the Technical Service Provider 
(TSP) provision. NRCS published an interim rule with a request for 
comments on August 1, 2014, to implement changes to these NRCS 
conservation program regulations that were either necessitated by 
enactment of the 2014 Act, or required to implement administrative 
streamlining improvements and clarifications. NRCS received six 
comments on the interim rule. In this document, NRCS issues a final 
rule to make permanent these changes and to incorporate two minor 
mandatory changes in two of the affected parts.

DATES: This rule is effective April 9, 2015.

FOR FURTHER INFORMATION CONTACT: Leslie Deavers, NRCS Farm Bill 
Coordinator, USDA, NRCS, Post Office Box 2890, Washington, DC 20013-
2890; telephone: (202) 720-4531; fax: (202) 720-2998; email: 
[email protected], Attn: Farm Bill Program Inquiry.
    Persons with disabilities who require alternate means for 
communication (Braille, large print, audio tape, etc.) should contact 
the USDA Technology and Accessible Resources Give Employment Today 
(TARGET) Center at: (202) 720-2600 (voice and TDD).

SUPPLEMENTARY INFORMATION: 

Regulatory Certifications

    Executive Orders 12866 and 13563: The Office of Management and 
Budget (OMB) designated this rule as not significant under Executive 
Order 12866; therefore, OMB will not review this final rule.
    Regulatory Flexibility Act: It has been determined that the 
Regulatory Flexibility Act is not applicable to this interim rule 
because NRCS is not required by 5 U.S.C. 553, or any other provision of 
law, to publish a notice of proposed rulemaking with respect to the 
subject matter of this rule.
    Environmental Analysis: The 2014 Act made changes in statutory 
authority and administrative delegations that required conforming 
amendments to existing program regulations. This final rule confirms 
the changes made to these regulations by the interim rule. Such changes 
were mandatory; therefore, did not require analysis under the National 
Environmental Policy Act. In addition, a number of minor administrative 
improvements were made to the regulations as a result of continuing 
evaluations of NRCS program implementation efforts. Such administrative 
changes fell within a categorical exclusion for policy development, 
planning, and implementation that relate to routine administrative 
activities (7 CFR 1b.3(a)(1)).
    Civil Rights Impact Analysis: NRCS has determined through a Civil 
Rights Impact Analysis that this final rule discloses no 
disproportionately adverse impacts for minorities, women, or persons 
with disabilities. This final rule presents no issues that our analysis 
identified as posing a risk of adverse impacts. Outreach and 
communication strategies are in place to ensure all producers will be 
provided the same information to allow them to make informed compliance 
decisions regarding the use of their lands that will affect their 
participation in USDA programs. NRCS conservation programs apply to all 
persons equally, regardless of their race, color, national origin, 
gender, sex, or disability status; therefore, the conservation program 
rules portend no adverse civil rights implications for women, 
minorities, and persons with disabilities.
    Paperwork Reduction Act: Section 1246 of the Food Security Act of 
1985 (the 1985 Act), Public Law 99-198, states that implementation of 
programs authorized by Title XII of the 1985 Act be made without regard 
to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). NRCS 
is not reporting recordkeeping or estimated paperwork burden associated 
with this final rule for programs administered under Title XII of the 
1985 Act. The non-Title XII programs, HFRP and the Emergency Watersheds 
Protection Program (EWPP), utilize forms that have previously been 
approved for use, and OMB assigned the control number 0578-0013. The 
changes made by this final rule do not affect the burden previously 
reported under 0578-0013.
    Government Paperwork Elimination Act: NRCS is committed to 
compliance with the Government Paperwork Elimination Act and the 
Freedom to E-

[[Page 19008]]

File Act, which require Government agencies, in general, to provide the 
public the option of submitting information or transacting business 
electronically to the maximum extent possible. To better accommodate 
public access, NRCS developed an online application and information 
system for public use.
    Executive Order 13175: This final rule has been reviewed in 
accordance with the requirements of Executive Order 13175, Consultation 
and Coordination with Indian Tribal Governments. Executive Order 13175 
requires Federal agencies to consult and coordinate with Tribes on a 
government-to-government basis on policies that have Tribal 
implications, including regulations, legislative comments or proposed 
legislation, and other policy statements or actions that have been 
substantial direct effects on one or more Indian Tribes, on the 
relationship between the Federal Government and Indian Tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian Tribes. NRCS has assessed the impact of this 
final rule on Indian Tribes and determined that this rule does not have 
Tribal implications that require Tribal consultation under Executive 
Order 13175. The rule neither imposes substantial direct compliance 
costs on Tribal governments nor preempts Tribal law. The 2014 Act 
change addressed by this final rule that impact participation by Indian 
Tribes was limited to expanding land eligibility under HFRP to include 
trust lands. The agency has developed an outreach/collaboration plan 
that it has been implementing as it develops its Farm Bill policy. If a 
Tribe requests consultation, NRCS will work with the Office of Tribal 
Relations to ensure meaningful consultation is provided where changes, 
additions, and modifications identified herein are not expressly 
mandated by Congress.
    Unfunded Mandates Reform Act of 1995: Title II of the Unfunded 
Mandates Reform Act (UMRA) of 1995, Public Law 104-4, requires Federal 
agencies to assess the effects of their regulatory actions on State, 
local, and Tribal governments or the private sector of $100 million or 
more in any one year. When such a statement is needed for a rule, 
section 205 of the UMRA requires NRCS to prepare a written statement, 
including a cost benefit assessment, for proposed and final rules with 
``Federal mandates'' that may result in such expenditures for State, 
local, or Tribal governments, in the aggregate, or to the private 
sector. UMRA generally requires agencies to consider alternatives and 
adopt the more cost effective or least burdensome alternative that 
achieves the objectives of the rule.
    This rule contains no Federal mandates, as defined under Title II 
of the UMRA, for State, local, and Tribal governments or the private 
sector. Thus, this rule is not subject to the requirements of sections 
202 and 205 of UMRA.
    Executive Order 13132: NRCS considered this final rule in 
accordance with Executive Order 13132, issued August 4, 1999. NRCS 
determined that the final rule conforms with the federalism principles 
set out in this Executive Order, would not impose any compliance costs 
on the States, and would not have substantial direct effects on the 
States, on the relationship between the Federal Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. NRCS concludes that this final rule does 
not have federalism implications.
    Federal Crop Insurance Reform and USDA Reorganization Act of 1994: 
Pursuant to section 304 of the Federal Crop Insurance Reform Act of 
1994, (Pub. L. 103-354), USDA has estimated that this regulation will 
not have an annual impact on the economy of $100 million in 1994 
dollars; therefore, is not a major regulation. A risk analysis was not 
conducted.
    Executive Order 13211: This rule is not a significant regulatory 
action subject to Executive Order 13211, Energy Effects.
    Small Business Regulatory Enforcement Fairness Act (SBREFA): This 
rule is not a major rule under the Small Business Regulatory 
Enforcement Fairness Act of 1996, (Pub. L. 104-121, SBREFA). Neither 
NRCS nor CCC is required to delay the effective date for 60 days from 
the date of publication to allow for congressional review. Accordingly, 
this rule is effective April 9, 2015.
    Background: On August 1, 2014, NRCS published an interim final rule 
with request for comments in the Federal Register (79 FR 44635) that 
amended a number of agency regulations to implement mandatory changes 
made by the 2014 Act. The interim rule made the following changes to 
existing conservation program rules:
     NRCS amended 7 CFR 610.24 to update the list of Title XII 
programs to which the State Technical Committee Rule applies.
     NRCS amended HFRP regulation at 7 CFR 625.2 to adjust the 
regulatory definition of ``acreage owned by Indian Tribes'' to conform 
with the new statutory definition of the term in Section 502(e)(3) of 
the Healthy Forests Restoration Act, as amended by section 8203 of the 
2014 Act.
     NRCS amended HFRP and the Watershed Operations regulation 
at 7 CFR part 622 to incorporate their status as programs used in the 
implementation of RCPP.
     NRCS updated subpart C of the TSP rule at 7 CFR part 652 
to designate the Deputy Chief for Programs as the decertification 
official for TSPs.
     NRCS removed the regional equity rule, formerly at 7 CFR 
part 662, from the Code of Federal Regulations.
     NRCS amended the rule for VPA-HIP at 7 CFR part 1455 to 
reflect the transfer of the program's administration from the 
Administrator of the Farm Service Agency (FSA) to the Chief of NRCS.
     NRCS amended the rule governing the AMA Program (7 CFR 
part 1465) to maintain consistency with the EQIP program.
    NRCS solicited comments on the interim final rule for 60 days 
ending September 30, 2014. Six comments were received on the rule. 
Overall, the commenters supported the changes made by the interim rule. 
This final rule makes only technical and clarifying changes to language 
adopted in the interim rule, and adds one additional mandatory change 
to reflect a change made by the 2014 Act to EWPP implementation of 
floodplain easements.
    Summary of Comments: NRCS received two negative comments, two 
generally positive comments, and one comment related to the 
implementation of EQIP which did not pertain to any amendments made by 
this rule. A sixth comment received was unrelated to this or any other 
NRCS conservation program. The negative comments expressed opposition 
to the funding of VPA-HIP and HFRP. Two commenters were generally 
supportive of the interim rule, with one of the comments recommending 
that NRCS strengthen the importance of the State Technical Committees. 
NRCS has done so in the development of its regulations to implement the 
changes made by the 2014 Act. The EQIP comment related to non-lethal 
deterrents and strategies to reduce predator-livestock conflict and 
this comment will be considered with the comments submitted to the EQIP 
interim rule published December 12, 2014.
    Additional Clarification Added to VPA-HIP (7 CFR part 1455): VPA-
HIP is authorized by section 1240R of the 1985 Act. VPA-HIP provides, 
within funding limits, grants to State and Tribal governments to 
encourage owners and operators of privately held farm, ranch,

[[Page 19009]]

and forest land to voluntarily make that land available for access by 
the public for wildlife-dependent recreation, including hunting and 
fishing under programs administered by State and Tribal governments. 
VPA-HIP is not an entitlement program and no grant will be made unless 
the application is acceptable to CCC. The program was originally 
delegated to the Administrator of FSA to administer on behalf of CCC. 
The program is now delegated to the Chief of NRCS, and NRCS 
incorporated the necessary administrative changes in the interim rule. 
NRCS announced its Availability of Program Funding on May 1, 2014, to 
implement VPA-HIP in fiscal year 2014. During its first round of grant 
proposals, NRCS received requests for funding from Indian Tribes which 
required confirmation regarding whether Tribal lands would be 
considered private lands for the purposes of VPA-HIP. This final rule 
clarifies that governmental and Tribal lands are considered private 
lands for the purposes of VPA-HIP when such lands are part of a private 
operation of a private individual or legal entity.
    Discussion of EWPP (7 CFR part 624): NRCS purchases floodplain 
easements to restore, protect, maintain, and enhance the functions of 
the floodplain; conserve natural values including fish and wildlife 
habitat, water quality, flood water retention, ground water recharge, 
and open space; reduce long-term Federal disaster assistance; and 
safeguard lives and property from floods, drought, and the products of 
erosion. Section 382 of the Federal Agriculture Improvement and Reform 
Act of 1996 amended EWPP, 16 U.S.C. 2203, to authorize the purchase of 
floodplain easements (FPE) as an emergency measure on lands that 
qualify for EWPP assistance. EWPP FPEs are administered under 7 CFR 
part 624.
    Prior to the 2014 Act, the EWPP-FPE statute did not address 
modification or termination of FPEs; therefore the regulations at 7 CFR 
part 624 specified that FPEs could not be modified or terminated. 
Section 2206 of the 2014 Act provided such authority, and NRCS is 
removing this prohibition from EWPP regulations.

List of Subjects

7 CFR Part 610

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

7 CFR Part 622

    Watershed projects, Watershed protection, and Flood prevention.

7 CFR Part 624

    Disaster assistance, Floodplain easement, Flooding, Imminent 
threat, Natural disaster, and Watershed impairment.

7 CFR Part 625

    Administrative practice and procedure, Agriculture, and Soil 
conservation.

7 CFR Part 652

    NRCS, Soil conservation, and Technical assistance.

7 CFR Part 662

    Administrative practice and procedure, Agriculture, and Soil 
conservation.

7 CFR Part 1455

    Agriculture, Animals, Environmental protection, Fishing, Forests 
and forest products, Grant programs, Hunting, Indians, Indians-land, 
Natural resources, Recreation and recreation areas, Rural areas, State 
and local governments, and Wildlife.

7 CFR Part 1465

    Conservation contract, Conservation plan, Conservation practices, 
and Soil and water conservation.

    Accordingly, the interim rule amending 7 CFR parts 610, 622, 625, 
652, 662, 1455, and 1465 which was published at 79 FR 44635 on August 
1, 2014, is adopted as a final rule with the following changes:

PART 624--EMERGENCY WATERSHED PROTECTION

0
1. The authority citation for part 624 continues to read as follows:

    Authority:  Sec. 216, Pub. L. 81-516, 33 U.S.C. 701b-1; Sec. 
403, Pub. L. 95-334, as amended, 16 U.S.C. 2203; 5 U.S.C. 301.


0
2. Amend Sec.  624.10 by revising paragraph (c) to read as follows:


Sec.  624.10  Floodplain easements.

* * * * *
    (c) The Chief of NRCS may modify or terminate an easement if, 
pursuant to 16 U.S.C. 2203(b), the Chief determines the modification or 
termination is in the public interest and will address a compelling 
public need for which there is no practicable alternative.
* * * * *

PART 1455--VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE PROGRAM

0
3. The authority citation for part 1455 continues to read as follows:

    Authority:  15 U.S.C. 714b and 714c; 16 U.S.C. 3839.


0
4. Section 1455.2 is amended in paragraph (b) by adding a definition 
for ``legal entity'' and revising the definition of ``privately-held 
land'' to read as follows:


Sec.  1455.2  Definitions.

* * * * *
    Legal entity means any entity created under Federal or State law, 
excluding: (a) a local, State or Federal government or political 
subdivision or agency of such government; and (b) a Tribal government.
    Privately-held land means farm, ranch, or forest land that is owned 
or operated by a person or legal entity.
* * * * *

    Signed this 1st day of April, 2015 in Washington, DC.
Jason A. Weller,
Vice President, Commodity Credit Corporation, Chief, Natural Resources 
Conservation Service.
[FR Doc. 2015-08008 Filed 4-8-15; 8:45 am]
 BILLING CODE 3410-16-P