[Federal Register Volume 80, Number 110 (Tuesday, June 9, 2015)]
[Rules and Regulations]
[Pages 32439-32440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13992]



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 Rules and Regulations
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  Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Rules 
and Regulations  

[[Page 32439]]



DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

7 CFR Part 633

[Docket No. NRCS-2014-0017]
RIN 0578-AA16


Water Bank Program

AGENCY: Natural Resources Conservation Service, Department of 
Agriculture.

ACTION: Final rule.

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

SUMMARY: The Natural Resources Conservation Service (NRCS) is amending 
the Water Bank Program (WBP) regulations to clarify that lands owned by 
Indian Tribes are eligible for enrollment. As a non-controversial 
change to an existing regulation, NRCS is issuing this amendment as a 
final rule.

DATES: This rule is effective June 9, 2015.

FOR FURTHER INFORMATION CONTACT: Mark Rose, Financial Assistance 
Programs Division, NRCS, Post Office Box 2890, Washington, DC 20113; 
telephone: (202) 720-1844; email: [email protected].

SUPPLEMENTARY INFORMATION: 
    Discussion: NRCS implements WBP in accordance with 16 U.S.C. 1301 
et seq. (the Water Bank Act). The purpose of the program is to conserve 
water, preserve and improve the condition of migratory waterfowl 
habitat and other wildlife resources, and secure other wildlife 
benefits through 10-year land use agreements with landowners and 
operators in important migratory waterfowl nesting and breeding areas. 
Unlike other Federal wetland laws, the Water Bank Act defines wetlands 
in accordance with Department of the Interior Circular 39, ``Wetlands 
of the United States.'' WBP agreements encompass inland fresh wetland 
areas (types 1 through 7) as described in Circular 39, artificially 
developed inland fresh water areas that meet the description of inland 
fresh wetland areas (types 1 through 7), and other wetland types 
designated by the Secretary.
    Pursuant to 7 U.S.C. 6962(b)(1), NRCS assumed responsibility for 
administering WBP and promulgated in September 1997 the current 
regulations at 7 CFR part 633 for implementation of WBP under NRCS. The 
current WBP regulation limits enrollment to ``privately-owned'' 
wetlands only. However, the term ``privately-owned'' is not defined in 
the regulation and such limitation is not required by statute.
    Since Tribal lands are a distinct category of land, NRCS is 
revising its regulations to clarify that ``privately-owned'' wetlands 
include lands owned by Indian Tribes, and are therefore eligible for 
enrollment. NRCS believes that issuance of a final rule without a 
public comment period is appropriate because this is a non-
controversial change to an existing regulation to remove a current 
impediment to providing assistance to Indian Tribes and their members.
    Tribal lands are an important component of the wetland landscape in 
States where NRCS currently offers enrollment (Minnesota, North Dakota, 
and South Dakota). Therefore, to ensure WBP is meeting its program 
purposes, consistent with statute, NRCS is revising the regulation to 
identify Tribal lands as eligible for enrollment.

Regulatory Certifications

    Executive Order 12866: This document does not meet the criteria for 
a significant regulatory action as specified in Executive Order 12866.
    Regulatory Flexibility Act: It has been determined that the 
Regulatory Flexibility Act is not applicable to this rule because NRCS 
is not required by 5 U.S.C. 553, or any other provision of law, to 
publish a notice of proposed rule-making with respect to the subject 
matter of this rule.
    Paperwork Reduction Act: No substantive changes have been made in 
this final rule which affect the recordkeeping requirements and 
estimated burdens previously reviewed and approved under Office of 
Management and Budget control number 0578-0013.
    Executive Order 13175: NRCS has determined that this action will 
remove an impediment to providing WBP assistance to Indian Tribes. 
Given its modest funding, NRCS has determined this regulation will not 
have a significant direct effect on one or more Indian Tribes, or on 
either the relationship or distribution of powers and responsibilities 
between the Federal Government and the Indian Tribes. Therefore, this 
action is not subject to the requirements of Executive Order 13175, 
``Consultation and Coordination with Indian Tribal Governments.'' 
Although the consultation requirements do not apply, the agency has 
developed an outreach and collaboration plan that it will implement as 
it develops its conservation program policy, and NRCS will incorporate 
WBP information where appropriate.
    Executive Order 13132: Executive Order 13132 requires agencies to 
conform to principles of Federalism in the development of its policies 
and regulations. NRCS has determined that this final rule will conform 
to Federalism principles. In particular, the final rule will not impose 
any compliance cost on the States; and will 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 on the various levels of government.
    Unfunded Mandates Reform Act of 1995: Pursuant to 2 U.S.C. 1532 
(Title II, Sec. 202 of the Unfunded Mandates Reform Act of 1995), NRCS 
assessed the effects of this rulemaking action on State, local, and 
Tribal governments, and the public. This action does not compel the 
expenditure of $100 million or more by any State, local or Tribal 
governments, or anyone in the private sector, and therefore, a 
statement under 2 U.S.C. 1532 is not required.
    Federal Domestic Assistance Program: The title and number of the 
Federal Domestic Assistance Program, as found in the Catalog of Federal 
Domestic Assistance, to which this rule applies is Water Bank Program 
10.062.

List of Subjects in 7 CFR Part 633

    Administrative practices and procedures, Contracts, Natural 
resources, Technical assistance, Wetlands.


[[Page 32440]]


    Accordingly, 7 CFR part 633 is amended as follows:

PART 633--WATER BANK PROGRAM

0
1. The authority citation for part 633 continues to read as follows:

    Authority: 16 U.S.C. 1301-1311.


0
2. Section 633.2 is amended by revising the definition for ``Person'' 
and adding a definition in alphabetical order for ``Privately-owned'' 
to read as follows:


Sec.  633.2  Definitions.

* * * * *
    Person means one or more individuals, partnerships, associations, 
corporations, estates or trusts, or other business enterprises or other 
legal entities and, whenever applicable, an Indian tribe, a State, a 
political subdivision of a State, or any agency thereof.
* * * * *
    Privately-owned means owned or operated by a person other than a 
State, a political subdivision of a State, or any agency thereof.
* * * * *

0
3. Section 633.4 is amended by revising paragraph (d)(2) to read as 
follows:


Sec.  633.4  Program requirements.

* * * * *
    (d) * * *
    (2) Lands owned by an agency of the United States other than land 
held in trust for Indian Tribes;
* * * * *

    Signed this 29 day of May, 2015 in Washington, DC
Jason A. Weller,
Chief, Natural Resources Conservation Service.
[FR Doc. 2015-13992 Filed 6-8-15; 8:45 am]
 BILLING CODE 3410-16-P