[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Rules and Regulations]
[Pages 41987-42005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17317]



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  Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules 
and Regulations  

[[Page 41987]]



DEPARTMENT OF AGRICULTURE

Farm Service Agency

7 CFR Part 718

Commodity Credit Corporation

7 CFR Part 1410

RIN 0560-AI30


Conservation Reserve Program

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

ACTION: Interim rule.

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SUMMARY: This rule amends the Conservation Reserve Program (CRP) 
regulations to implement provisions of the Agricultural Act of 2014 
(the 2014 Farm Bill). This rule specifies eligibility requirements for 
enrollment of grassland in CRP and adds references to veteran farmers 
and ranchers to the provisions for Transition Incentives Program 
contracts, among other changes. The provisions in this rule for 
eligible land primarily apply to new CRP offers and contracts. For 
existing contracts, this rule provides additional voluntary options for 
permissive uses, early terminations, conservation and land 
improvements, and incentive payments for tree thinning. This rule also 
makes conforming changes to provisions applicable to multiple Farm 
Service Agency (FSA) and Commodity Credit Corporation (CCC) programs, 
which include CRP, administered by FSA, including acreage report 
requirements, compliance monitoring, and equitable relief provisions.

DATES: Effective Date: This rule is effective July 16, 2015.
    Comment Date: We will consider comments that we receive by 
September 14, 2015.

ADDRESSES: We invite you to submit comments on this interim rule. In 
your comment, please specify RIN 0560-AI30 and 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 the online instructions for submitting 
comments.
     Mail, Hand Delivery, or Courier: Director, Conservation 
and Environmental Programs Division (CEPD), U.S. Department of 
Agriculture (USDA) FSA CEPD, Mail Stop 0513, Room 4709-S, 1400 
Independence Ave. SW., Washington, DC 20250-0513.
    All written comments will be available for inspection online at 
www.regulations.gov and at the mail address listed above between 8:00 
a.m. and 4:30 p.m., Monday through Friday, except holidays. A copy of 
this interim rule is available through the FSA home page at http://www.fsa.usda.gov/.

FOR FURTHER INFORMATION CONTACT: Beverly J. Preston, CRP Program 
Manager, telephone: (202) 720-9563. Persons with disabilities who 
require alternative means for communication should contact the USDA 
Target Center at 202-720-2600 (voice).

SUPPLEMENTARY INFORMATION: 

Overview of This Rule

    This rule amends CRP regulations in 7 CFR part 1410 to implement 
changes required by the 2014 Farm Bill (Pub. L. 113-79) and makes 
additional discretionary changes that are needed to clarify eligibility 
requirements and terms. It also makes discretionary and technical 
changes to 7 CFR part 718 that are relevant to CRP implementation. This 
document first provides background information on CRP, then discusses 
the changes to the CRP regulations, followed by a discussion of the 
changes to the part 718 regulations.

CRP Background and CRP Signups

    The purpose of CRP is to cost-effectively assist producers in 
conserving and improving soil, water, and wildlife, restoring wetlands, 
improving other natural resources, and addressing issues raised by 
State, regional, and national conservation initiatives by converting 
environmentally sensitive cropland and marginal pastureland from the 
production of agricultural commodities to a long-term vegetative cover, 
or to improve conditions of grassland. CRP is administered by FSA on 
behalf of CCC. Since its inception in 1985, CRP has proven to be one of 
the largest and most successful conservation programs in USDA history. 
In exchange for annual rental payments, participating farmers and 
ranchers agree to remove environmentally sensitive land from 
agricultural production and establish conservation covers comprised of 
grasses, legumes, forbs, shrubs and tree species that will improve 
environmental health by preventing soil erosion, improving air and 
water quality, and enhancing wildlife habitat. In addition, 
participants with suitable land may restore wetlands and establish 
shallow water areas for wildlife. Enrollment of eligible grassland in 
CRP will result in adoption of sustainable grazing practices and 
preservation of wildlife habitat. Participants also receive cost-share 
payments and other one-time incentive payments for certain practices to 
establish, maintain, and manage the conservation covers throughout 10 
to 15 year CRP contracts. A wide range of conservation practices may be 
enrolled under CRP, including but not limited to, introduced or native 
grasses and legumes, hardwood trees, wildlife habitat, grass waterways, 
filter strips, riparian buffers, wetlands, rare and declining habitat, 
upland bird habitat, longleaf pine, duck nesting habitat, and 
pollinator habitat.
    There are three major types of CRP signups: general, continuous, 
and grassland. Each of the three types has specific enrollment 
provisions, as described below. The grassland type is a new type added 
by the 2014 Farm Bill. For all signups, potential participants must 
submit an offer for enrollment at the local FSA county office or USDA 
service center.
    Enrollment through general signup is based on a competitive offer 
process during designated signup periods. The general signup occurs 
when the Secretary of Agriculture announces USDA will accept general 
signup offers for enrollment. Offers from potential program 
participants are ranked against each other at the national level. 
Ranking is based on the environmental benefits expected to result from 
the proposed conservation practices and expected costs. Each offer is 
assigned an Environmental Benefit Index (EBI) score depending on 
ranking factors designed to reflect the expected environmental

[[Page 41988]]

benefits and costs. The EBI ranking system is specified in detail in 
the CRP handbook. These EBI factors include wildlife habitat benefits, 
water quality benefits, farm benefits due to reduced erosion, air 
quality benefits, benefits that last beyond the contract period, per 
acre expected costs, and local preference factors for certain benefits. 
In a general signup, the offer process is competitive and not all 
offers will necessarily rank high enough to be selected for CRP.
    For practices and land with especially high environmental value, 
enrollment through continuous signup is available year-round without 
ranking periods. The continuous signup is focused on environmentally 
sensitive land and offers are not ranked against each other. Land 
eligible for continuous signup includes, but is not limited to, 
agricultural land with a high erodibility index; land in riparian areas 
that border rivers, streams, and lakes; land suitable for wetland 
restoration; and certain land to be dedicated to other specialized 
conservation measures. Subject to the acreage caps allocated to States, 
all continuous signup offers that meet the eligibility requirements are 
accepted.
    Enrollment through the new grassland signup authorized by the 2014 
Farm Bill will be administered on a separate continuous signup basis, 
and offers will be evaluated periodically and ranked. For grassland 
signup, this rule specifies the applicable new categories of eligible 
land and new grassland contract provisions. Eligible grassland include 
land that contain forbs or shrubland (including improved rangeland and 
pastureland) for which grazing is the predominant use. Up to 2 million 
acres may be enrolled in CRP as grassland.
    This rule does not change the basic administrative structure and 
nature of CRP.

Overview of Changes to CRP Regulations

    The 2014 Farm Bill reduced the CRP acreage enrollment cap and made 
several changes to CRP. For example, it mandated that non-easement 
functions of the repealed Grassland Reserve Program be carried out 
under CRP, with enrollment of up to 2 million acres authorized. These 
enrollments count against the CRP acreage cap. In addition, the 2014 
Farm Bill mandates changes to routine, prescribed, and emergency 
grazing, managed harvesting frequency, tree thinning payments, and 
other provisions.
    This rule implements the changes to CRP required by the 2014 Farm 
Bill. These changes include revised permissive use provisions for 
emergency harvesting and grazing, and other commercial uses on CRP 
land. This rule also establishes a penalty-free early CRP contract 
termination opportunity in fiscal year (FY) 2015 for contracts that 
have been in effect for at least 5 years and meet certain environmental 
criteria. It specifies that CRP participants can make certain 
conservation and land improvements for economic use in the final year 
of the CRP contract that facilitate protection of enrolled land after 
contract expiration, and establishes a new type of incentive payment to 
encourage participants to perform tree thinning and related measures on 
CRP land. As discussed earlier, it also adds references to veteran 
farmers and ranchers to the Transition Incentives Program, and includes 
provisions to reflect the new eligibility requirements for grassland in 
CRP. This rule also includes the following discretionary provisions to 
clarify requirements where the 2014 Farm Bill did not define terms or 
otherwise provided FSA discretion in implementation:
     The ``infeasible to farm'' provision allows enrollment of 
the remainder of a field in which CRP practices other than buffers are 
enrolled on at least 75 percent of the acres in the field, if the 
remaining land is ``infeasible to farm;''
     Grasslands are now eligible for CRP and FSA may enroll up 
to 2 million acres;
     Up to $10 million in incentive payments may be made to 
encourage tree thinning and other measures that improve the 
environmental performance of CRP tree plantings;
     Land may be transferred from CRP to the Agricultural 
Conservation Easement Program (ACEP); and
     The amount of cropland (that is not in a National 
Conservation Priority Area) that can be in a State Conservation 
Priority Area (CPA) was reduced from 33 percent to 25 percent.
    The changes to the CRP regulations are discussed in this document 
in the order that they appear in 7 CFR part 1410.
    Many of the changes to CRP required by the 2014 Farm Bill have 
already been implemented through an extension of authorization 
published June 5, 2014 (79 FR 32435-32436). Specifically, the extension 
announced the continuation of continuous signup, 2014 Transition 
Incentives Program, and early contract termination opportunities in FY 
2015. This rule implements the remaining provisions required by the 
2014 Farm Bill, including the new grassland eligibility provisions and 
the revisions to permissive uses, as well as the discretionary changes.

Definitions

    This rule makes the following changes to the definitions specified 
in Sec.  1410.2:
    The rule adds a new definition for the new ACEP authorized by the 
2014 Farm Bill. The 2014 Farm Bill allows USDA to modify a CRP contract 
to allow a participant to transfer CRP land into ACEP.
    The rule adds a new definition for ``common grazing practices'' 
that applies to the new grassland enrollments. For enrollments of 
eligible grassland, section 2004 of the 2014 Farm Bill allows the 
Secretary to permit common grazing practices, including maintenance and 
necessary cultural practices, on the enrolled land in a manner that is 
consistent with maintaining the viability of grassland, forb, and shrub 
species appropriate to that locality.
    This rule modifies the definition of ``conservation plan'' to 
include provisions for grassland enrollments.
    This rule clarifies that ``Erodibility Index (EI)'' means that FSA 
uses the higher of the erodibility from water or wind.
    This rule adds definitions for ``forb, ``grassland,'' ``improved 
rangeland or pastureland,'' ``pastureland,'' ``rangeland,'' and 
``shrubland'' because they are relevant for grassland enrollments.
    This rule revises the definition of ``infeasible to farm'' to add 
discretion for the Deputy Administrator to determine that land is 
infeasible to farm for reasons in addition to the piece of land being 
too small or isolated to be economically viable.
    This rule adds a new definition of ``nesting season'' to reflect 
the 2014 Farm Bill requirement that permitted activities on CRP land 
must consider certain categories of bird nesting seasons.
    This rule adds a new definition of ``veteran farmer or rancher'' as 
specified in the 2014 Farm Bill.
    This rule removes the following definitions that are no longer used 
in the CRP regulations: ``cropped wetlands,'' ``farmed wetlands,'' 
``Water Bank Program (WBP),'' and ``wetlands farmed under natural 
conditions.'' This rule also removes definitions of ``beginning farmer 
or rancher,'' and ``limited resource farmer or rancher'' from 7 CFR 
part 1410, because those terms are defined in 7 CFR part 718, which is 
referenced in 7 CFR part 1410. It removes terms including 
``merchantable timber,'' ``present value,'' and ``private non-
industrial forest land'' that were only needed to implement the 
Emergency Forestry

[[Page 41989]]

Conservation Reserve Program, which the 2014 Farm Bill repealed.

Maximum County Acreage

    Section 1410.4, ``Maximum County Acreage'' specifies that acreage 
placed in CRP and the Wetlands Reserve Program (WRP) cannot exceed 25 
percent of the total cropland in a county. This rule revises that 
section to specify that cropland enrolled under WRP or ACEP wetland 
reserve easements, as applicable, is included with CRP cropland as part 
of the maximum county acreage limits. These changes are required for 
consistency with the 2014 Farm Bill. This rule does not change the 
existing waiver provisions in this section that allow the 25 percent 
limit to be exceeded in some circumstances.

Eligible Persons

    Section 1410.5 ``Eligible Persons'' is amended to add references to 
veteran farmers and ranchers that are required by the 2014 Farm Bill. 
This rule also removes a redundant provision from this section 
concerning ownership or operation of the land for at least 12 months 
prior to submitting an offer for CRP.

Eligible Land

    This adds new provisions to Sec.  1410.6 ``Eligible Land'' to 
reflect changes required by the 2014 Farm Bill. As provided for in the 
existing CRP regulations, eligible land for CRP includes cropland with 
a history of production of tillable crops or marginal pastureland. The 
purpose of these eligibility requirements, which are not changing with 
this rule, is to ensure CRP is used to convert environmentally 
sensitive land to a long-term environmentally beneficial cover. As part 
of an effort to consolidate the USDA conservation programs, the 2014 
Farm Bill adds grassland as a category of eligible land for CRP, and 
ends authorization for the Grassland Reserve Program.
    This rule amends the dates of the cropping history required for 
certain cropland to be eligible for CRP. Previously, eligible cropland 
must have been planted or considered planted for 4 of the 6 years 
during the period of 2002 through 2007. This rule changes the relevant 
cropping history period to 2008 through 2013.
    This rule adds additional provisions regarding infeasible-to-farm 
land eligibility, as required by the 2014 Farm Bill. Specifically, it 
adds eligibility for land in a portion of a field not enrolled in CRP 
if more than 75 percent of the land in the field is enrolled as a 
conservation practice other than a buffer or filterstrip practice, and 
the remainder of the field is determined to be infeasible to farm.
    This rule removes provisions for eligible land concerning scour 
erosion, cropped wetland and associated acres, and land associated with 
non-cropped wetlands. These discretionary changes are needed for 
clarity and consistency with current policy. This rule also clarifies 
that land on which environmental measures are already required to be 
taken by State, local, or Tribal laws is ineligible for CRP.

Duration of Contracts

    This rule amends Sec.  1410.7, ``Duration of Contracts,'' to 
clarify that continuous and general signup contracts can be between 10 
years and 15 years in length. The rule also specifies that grassland 
signup contracts will be 15 years in length. The additional provision 
for grassland contracts is required by the 2014 Farm Bill; the other 
changes are technical clarifications that do not change the existing 
eligible land or contract requirements.
    The current policy on contract extensions is not changing with this 
rule. Contracts can be extended, but the total contract period 
including the extension(s) cannot exceed 15 years in length. For 
example, a 10 year contract can be extended for 1 to 5 years, but a 
contract currently in year 13 could only be extended for 1 or 2 years. 
In the case of a contract extension, existing contract terms are 
extended, except when new mandatory requirements apply, such as when 
AGI eligibility requirements for CRP are changed by the 2014 Farm Bill.

CPA

    This rule modifies Sec.  1410.8, ``Conservation Priority Areas,'' 
to reduce the total acreage within a State that can be approved for 
inclusion in a state CPA from 33 percent to 25 percent of the cropland 
not in a designated CRP national CPA. This discretionary change will 
help to ensure the most suitable, highest priority land is enrolled. 
The 2014 Farm Bill also removed some named specific CPAs, but because 
those CPAs were not named in the regulations, implementing that change 
does not require a change to the regulations.

Conversion to Trees

    This rule removes Sec.  1410.9, ``Conversion to Trees,'' because 
that section is obsolete. It only applied to CRP contracts that began 
before November 28, 1990.

Restoration of Wetlands and Farmable Wetlands Program

    Section 1410.10, ``Restoration of Wetlands,'' is amended to include 
references to wetland reserve easements under ACEP. This rule modifies 
Sec.  1410.11 ``Farmable Wetlands Program'' to specify that a 
constructed wetland that is developed to receive surface and subsurface 
flow from row crop agricultural production is eligible for enrollment. 
This rule also specifies that the total enrollment cap under farmable 
wetlands is reduced from 1 million acres to 750,000 acres. Both these 
changes are required by the 2014 Farm Bill.

Emergency Forestry Program

    Section 2702 of the 2014 Farm Bill repeals authority for Emergency 
Forestry CRP enrollment; this rule removes Sec.  1410.12, ``Emergency 
Forestry Program,'' to reflect this change. As noted earlier, the 
definitions used only in this section have also been removed from the 
Definitions section. The end of authorization for new Emergency 
Forestry contracts, and the removal of the regulations for Emergency 
Forestry enrollments, does not change existing Emergency Forestry 
contracts.

Grassland Enrollments

    The 2014 Farm Bill terminates authority for new enrollments under 
the Grassland Reserve Program (7 CFR part 1415) but also provides new 
authority for enrollment of certain grassland into CRP. Previously, 
only cropland of various types and marginal pastureland was eligible 
for enrollment in CRP. This rule adds new section on grassland 
enrollments in Sec.  1410.13, with conforming changes that add 
grassland provisions to Sec.  1410.23, ``Eligible Practices,'' Sec.  
1410.30, ``Signup and Offer Types,'' Sec.  1410.31, ``Acceptability of 
Offers,'' and Sec.  1410.40, ``Cost Share Payments.''
    In general, expiring Grassland Reserve Program lands are authorized 
to be enrolled in CRP, as well as grassland that was not in the 
Grassland Reserve Program but meet the provisions of Sec.  1410.6 for 
eligible grassland. Grassland previously enrolled in the Grassland 
Reserve Program will continue to be subject to 7 CFR part 1415 for 
existing contracts and easements that have not expired. The 2014 Farm 
Bill sets an acreage cap of 2 million acres on the new grassland type 
of enrollment.

CRP Conservation Plan

    This rule modifies Sec.  1410.22, ``CRP Conservation Plan,'' to add 
provisions and references for the new grassland

[[Page 41990]]

contracts. It also contains other minor edits, including adding a 
reference to forest stewardship plans.

Acceptability of Offers

    This rule amends Sec.  1410.31, ``Acceptability of Offers,'' to 
establish new provisions for the grassland offer acceptance process. In 
ranking and evaluating grassland signup offers, FSA will consider 
various factors, including, but not limited to, whether the offer 
includes expiring CRP or Grassland Reserve Program land, row crop to 
grassland conversion, multi-species cover, livestock grazing 
operations, and State priority enrollment criteria and focus areas.

Contract Modifications

    This rule adds references to veteran farmers to the provisions for 
Transition Incentives Program contracts, as required by the 2014 Farm 
Bill. The 2014 Farm Bill also adds discretion for FSA to modify or 
terminate contracts to allow transition of CRP lands into other Federal 
or State conservation programs, as is reflected in this rule. This rule 
specifies that CRP participants who terminate CRP contracts in order to 
participate in ACEP or other Federal or State easement programs are 
generally not required to refund CRP payments or interest, or pay 
liquidated damages to the CCC. However, participants will be required 
to repay CRP Signing Incentive Payments and Practice Incentive Payments 
when enrolling CRP land in wetlands reserve easements under ACEP.
    The 2014 Farm Bill allows contract modifications for resource 
conserving uses in the final year of the contract. This rule adds 
provisions that allow an owner or operator in the final year of the CRP 
contract to make land improvements for economic use, provided that 
those land improvements maintain protection of the land after 
expiration of the contract and are conducted in a manner consistent 
with an approved CRP conservation plan. Such land enrolled in resource 
conserving use will not be eligible to be re-enrolled in CRP for 5 
years following expiration of the contract. The rental payment for that 
last year of the CRP contract during which resource conserving use land 
improvements are implemented will be reduced by an amount commensurate 
with the economic value derived from practice implementation.

Annual Rental and Incentive Payments

    This rule amends the provisions in Sec.  1410.42, ``Annual Rental 
and Incentive Payments,'' to reflect the incorporation of grassland 
signup and tree thinning incentives. The 2014 Farm Bill authorizes CCC 
to provide incentives for tree thinning to improve resource conditions, 
primarily wildlife habitat enhancement of CRP lands established to 
trees.
    Grassland rental rates will be based on levels not to exceed 75 
percent of the estimated grazing value of the land, as required by the 
2014 Farm Bill. Tree thinning incentive payments to encourage 
landowners and operators to implement forest management practices that 
improve resource condition or enhance wildlife habitat cannot exceed 
150 percent of the total cost of the practice installation.
    This rule also clarifies provisions for cropland soil rental rates 
to better reflect that these rates are based on the relative non-
irrigated cropland productivity of soils within a county using soil 
productivity data and prevailing county average cash rental estimates 
for non-irrigated cropland. This rule also clarifies that marginal 
pastureland rental rates are based on estimates of the prevailing 
rental values of marginal pastureland in riparian areas. These 
clarifications are discretionary.
    Section 1410.42 specifies a $50,000 per fiscal year payment limit 
on CRP rental payments, which is not changing with this rule because 
the 2014 Farm Bill does not change the payment limits for CRP.

Average Adjusted Gross Income (AGI) Limitation

    Section 1605 of the 2014 Farm Bill establishes income limitations 
that apply to 2015 and subsequent crop, program, or fiscal year 
benefits for programs in Title II of the 2014 Farm Bill, which includes 
CRP. FSA previously implemented these limitations in 7 CFR part 1400 
through a final rule published on April 14, 2014 (79 FR 21086-21118). 
This rule makes a conforming change to Sec.  1410.44 to reflect the new 
AGI limits. The 2014 Farm Bill reduces the average AGI limitation for 
CRP from $1,000,000 to $900,000.
    Previously, there was a waiver to the AGI limit for conservation 
programs if at least 66.66 percent of the participant's income was from 
farming, or on a case-by-case basis for other reasons to protect 
environmentally sensitive land of special significance. The AGI waivers 
for conservation practices are not reauthorized in the 2014 Farm Bill; 
therefore, this rule removes the waiver provisions in Sec.  1410.44 to 
reflect this change.

Permissive Uses

    CRP land uses are limited to the list of uses specified in Sec.  
1410.63, ``Permissive Uses.'' The intent is to ensure that CRP land is 
not used for activities that would tend to defeat the conservation 
purposes of CRP, while allowing limited activities that are consistent 
with CRP goals, such as grazing to control invasive species. Permissive 
uses must be consistent with the conservation of soil, water quality, 
and wildlife habitat, including habitat during the nesting season for 
certain categories of birds in the area. To achieve this goal, this 
rule adds and revises provisions for permissive uses as required by the 
2014 Farm Bill. In general, these provisions include new restrictions 
and payment reductions related to harvesting, grazing, and other 
commercial land uses. There are also new grazing, haying, mowing, 
harvesting, and fire prevention permissive uses that apply only to the 
new grassland signup type.
    Wind turbines are permitted on CRP land, provided that wind 
turbines are installed in numbers and locations as determined 
appropriate by CCC considering the location, size, and other physical 
characteristics of land and the extent to which the land contains 
listed threatened or endangered wildlife and wildlife habitat, and the 
purposes of CRP. Wind turbines are not a new permissive use, but it is 
slightly revised by the 2014 Farm Bill, which adds the provision about 
threatened or endangered wildlife and wildlife habitat.
    This rule modifies the provisions for customary forestry 
maintenance activities to make an incentive payment to encourage proper 
thinning and other practices to improve the condition of resources, 
promote forest management, or enhance wildlife habitat on the land. 
These are consistent with the 2014 Farm Bill requirements.
    No barrier fencing or boundary limitation can be established or 
maintained that prohibits wildlife access to or from the CRP acreage 
unless required by State law as part of any permissive use. This is a 
discretionary clarification that is consistent with 2014 Farm Bill 
requirements that permissive uses be consistent with the conservation 
of wildlife habitat.
    This rule amends the provisions for managed harvesting and other 
commercial use including managed harvesting of biomass, to reflect the 
payment reduction of not less than 25 percent and the limitation that 
the activity occur at least every 5 years but

[[Page 41991]]

not more than once every 3 years, as specified in the 2014 Farm Bill.
    This rule modifies the provisions for routine grazing to be 
consistent with the 2014 Farm Bill restriction on routine grazing to 
not more than once every 2 years, with a payment reduction of not less 
25 percent unless CRP participant is a beginning farmer or rancher.
    The 2014 Farm Bill eliminates the payment reduction for emergency 
haying, emergency grazing, or other commercial use of the forage on the 
land in response to drought, flooding, or other emergency. This rule 
amends Sec.  1410.63 to reflect this change.
    Language is added to Sec.  1410.63 to clarify that there is no 
payment reduction for harvesting, grazing, or other commercial use of 
the forage on the land in response to a drought, flooding, or other 
emergency, when conducted consistent with an approved CRP conservation 
plan, irrespective of whether the harvested material is used or sold by 
the contract holder.
    This rule specifies a permissive use for grazing of program acreage 
that has been established to vegetative buffers incidental to 
agricultural production adjacent to the buffers, provided the use does 
not destroy the permanent vegetative cover, in exchange for a 25 
percent payment reduction for the land being grazed. This is a 
clarification of the existing ``incidental grazing'' use that was 
already permitted as a type of grazing use but has not previously been 
specified in the regulations as a separate permissive use. Incidental 
grazing, which requires the payment reduction, does not include 
prescribed grazing to control kudzu or other invasive species. 
Prescribed grazing to control invasive species also requires a payment 
reduction, except that a beginning farmer or rancher may conduct 
prescribed grazing without a payment reduction.
    This rule specifies the permissive activities under the new 
grassland enrollment component of CRP, which include common grazing 
practices; haying, mowing, or harvesting outside of nesting season; 
wildfire considerations; grazing-related activities, such as fencing; 
and other activities as determined by the Deputy Administrator.

Transition Incentives Program

    This rule adds the term ``veteran'' throughout Sec.  1410.64, 
``Transition Incentives Program,'' to reflect that eligibility under 
this program includes veteran farmers and ranchers in addition to 
beginning and socially disadvantaged farmers and ranchers. The 
definition of ``veteran'' as specified in the 2014 Farm Bill and in 
this rule specifies that to be eligible for the CRP Transition 
Incentives Program, the veteran must have farmed not more than 10 
years. Therefore, while the addition of the term ``veteran'' will 
improve our outreach efforts to veterans and makes it more clear that 
they are eligible for the Transition Incentives Program, the eligible 
veterans would already have been eligible as beginning farmers.
    ``Preparing to plant a crop'' has been added as an appropriate 
conservation and land improvement practice during the last year of the 
CRP contract that is being transitioned to a beginning, veteran, or 
socially disadvantaged farmer or rancher under the Transition 
Incentives Program. This additional improvement practice is specified 
in the 2014 Farm Bill.

Miscellaneous Conforming and Editorial Changes in CRP Regulations

    In addition to the changes required by the 2014 Farm Bill and the 
substantive discretionary changes discussed above, this rule makes a 
number of nonsubstantive changes to make the CRP regulations clear and 
consistent. For example, where appropriate, references to ``CCC'' have 
been replaced with ``Deputy Administrator'' to better reflect the 
office responsible for applicable determinations and decisions. 
``Shall'' has been replaced with ``will'' or ``must'' for plain 
language and to add clarity to requirements. Obsolete provisions are 
removed in 7 CFR part 1410.

Provisions Applicable to Multiple Programs

    This rule amends FSA regulations in 7 CFR part 718 ``Provisions 
Applicable to Multiple Programs'' that govern base acres and acreage 
reports for CRP and certain other FSA commodity programs and CCC 
programs operated by FSA. The statutory authority for the regulations 
in 7 CFR part 718 come from the 2014 Farm Bill, the Food, Conservation, 
and Energy Act of 2008 (the 2008 Farm Bill, Pub. L. 110-246) and the 
Farm Security and Rural Investment Act of 2002 (Pub. L. 107-171).
    As discussed previously, the purpose of CRP is to cost-effectively 
assist producers in conserving and improving soil, water, wildlife, 
restoring wetlands, improving other natural resources and addressing 
issues raised by State, regional, and national conservation initiatives 
by converting environmentally sensitive cropland and marginal pasture 
land from the production of agricultural commodities to a long-term 
vegetative cover. Enrollment of eligible grassland in CRP will result 
in adoption of sustainable grazing practices and preservation of 
wildlife habitat. To be eligible for CRP, cropland must have a cropping 
history for 2008 through 2013, as specified in this rule. Many FSA 
programs, particularly the Agricultural Risk Coverage (ARC) and Price 
Loss Coverage (PLC) programs authorized by the 2014 Farm Bill, specify 
that eligible land includes land that has base acres, which are 
cropland acres with a cropping history for certain years dating back to 
the 1980s. When cropland is enrolled in CRP, the base acres on a farm 
that exceed the farm's remaining cropland that is not devoted to CRP 
must be reduced to reflect the CRP enrollment. In that case, the base 
acres are voluntarily reduced and the base acres reduced are protected 
(``put on hold'') for that farm while the land is enrolled in CRP. To 
ensure that producers are able to transition land with base acres to 
and from CRP, and preserve eligibility of that land for other FSA 
programs after the CRP contract ends, it is necessary to clarify a 
number of terms in part 718 that are relevant to cropping histories, 
production records, and base acres for multiple programs. In general, 
the amendments to part 718 in this rule are consistent with current 
agency practice and merely clarify the regulations without changing FSA 
policy or practice.
    This rule revises the term ``base acres'' to remove obsolete 
references and replace them with references to the regulations for the 
new programs authorized by the 2014 Farm Bill. It adds definitions for 
``contiguous,'' ``contiguous county,'' and ``contiguous county office'' 
for use in various programs authorized under the 2014 Farm Bill 
including the CRP, the Cotton Transition Assistance Program (CTAP), ARC 
and PLC, disaster assistance programs, and the Noninsured Crop Disaster 
Assistance Program (NAP). The addition of the definitions of 
``contiguous,'' ``contiguous county,'' and ``contiguous county office'' 
are necessary to clarify the policy concerning changing a farm's 
administrative county. The addition of the term ``common land unit 
(CLU)'' is needed because FSA now uses CLU numbers instead of field 
numbers for many production and acreage reports. The rule adds new 
definitions for ``double cropping,'' and ``subsequent crop,'' which are 
relevant to the cropping history requirements for multiple programs. 
The rule amends the definition of ``entity'' to be consistent with the 
definition in 7 CFR part 1400.

[[Page 41992]]

This rule makes clarifying changes to the definition of ``owner.'' The 
intent of these amendments to the definitions is to have clear and 
consistent regulations and to make it clear to producers what they must 
do to preserve the eligibility of land for multiple programs, including 
CRP.
    This rule removes obsolete provisions in Sec.  718.3, ``State 
Committee Responsibilities,'' regarding county rates for measurement 
services. The State Committee does not set measurement service rates.
    This rule amends Sec.  718.9 regarding signature requirements to 
replace the reference to ``husband'' and ``wife'' with a reference to 
``spouse.'' It also changes the signature authority provisions to 
clarify the validity of documents that were previously acted on and 
approved by a county office or county committee, as required by section 
1617 of the 2008 Farm Bill. These provisions have already been 
implemented, but were not in the regulations.
    This rule amends Sec.  718.102 to clarify the programs for which 
participants must submit acreage reports. It amends Sec.  718.103 to 
clarify the requirements for documenting prevented planting. These are 
not new requirements; this reflects a discretionary decision to include 
detailed requirements previously in the handbooks in the regulations. 
This is needed to ensure that producers correctly document prevented 
planting, which is relevant to cropping history for the purposes of 
program eligibility for CRP and other programs.
    This rule amends Sec.  718.106, ``Non-compliance and Acreage 
Reports,'' to remove references to good faith or willful falsification. 
This is a program integrity issue to clarify that false acreage reports 
may result in program ineligibility, independent of motivation for the 
false report.
    This rule amends Sec.  718.112, ``Redetermination,'' to be 
consistent with current policy on when producers must submit requests 
for redetermination of crop acreage, appraised yield, or farm stored 
production.
    This rule amends Sec.  718.201, ``Farm Reconstitution,'' to be 
consistent with current policy, and to include references to land 
eligible for new programs authorized by the 2014 Farm Bill. This rule 
makes similar changes to Sec.  718.205, ``Substantive Changes in 
Farming Operation, and Changes in Related Legal Entities,'' and Sec.  
718.206, ``Determining Farms, Tracts, Allotments, Quotas, and Bases 
When Reconstitution is Made by Division.'' As discussed earlier, these 
changes are relevant to preserving base acres for a given farm as land 
is transitioned into CRP and back into other FSA programs. This rule 
also amends Sec.  718.206 to specify that, within 30 days after a 
prescribed form, letter, or contract providing base acres is issued, 
owners of the reconstituted farm may request a different designation of 
base acres, so long as all the owners agree in writing to the 
designation.
    This rule amends Sec.  718.301, ``Applicability,'' by adding a new 
paragraph that clarifies that relief provisions are not a means by 
which persons can obtain a review of a program's regulations or the 
agency's interpretations of its own regulations. This is a 
discretionary clarification to clarify program integrity provisions 
that is consistent with current policy. Similar clarifying amendments 
are made to other sections in subpart D, ``Equitable Relief from 
Ineligibility.'' This rule amends Sec.  718.306 to clarify that if a 
determination was in any way based on erroneous, innocent, or 
purposeful misrepresentation; false statement; fraud; or willful 
misconduct by or on behalf of the participant, the determination is not 
final. Another amendment clarifies that FSA will correct errors and 
incorrect decisions.

Miscellaneous Conforming and Editorial Changes to Part 718 Related to 
CRP

    In addition, this rule makes minor plain language changes, such as 
replacing ``shall'' with ``will,'' to several sections of part 718. 
This rule removes obsolete provisions related to CRP referring to 
actions taken prior to the 2008 Farm Bill. The definition of 
``agricultural commodity'' is removed because the term is not used in 
the subpart in which it was defined.

Notice and Comment

    In general, the Administrative Procedure Act (5 U.S.C. 553) 
requires that a notice of proposed rulemaking be published in the 
Federal Register and interested persons be given an opportunity to 
participate in the rulemaking through submission of written data, 
views, or arguments with or without opportunity for oral presentation, 
except when the rule involves a matter relating to public property, 
loans, grants, benefits, or contracts. Section 2608 of the 2014 Farm 
Bill requires that the programs of Title II be implemented by interim 
rules effective on publication with an opportunity for notice and 
comment.

Executive Orders 12866 and 13563

    Executive Order 12866, ``Regulatory Planning and Review,'' and 
Executive Order 13563, ``Improving Regulation and Regulatory Review,'' 
direct agencies to assess all costs and benefits of available 
regulatory alternatives and, if regulation is necessary, to select 
regulatory approaches that maximize net benefits (including potential 
economic, environmental, public health and safety effects, distributive 
impacts, and equity). Executive Order 13563 emphasizes the importance 
of quantifying both costs and benefits, of reducing costs, of 
harmonizing rules, and of promoting flexibility.
    The Office of Management and Budget (OMB) designated this interim 
rule as significant under Executive Order 12866, ``Regulatory Planning 
and Review,'' and therefore, OMB has reviewed this rule. The costs and 
benefits of this proposed rule are summarized below. The full cost 
benefit analysis is available on regulations.gov.

Clarity of the Regulation

    Executive Order 12866, as supplemented by Executive Order 13563, 
requires each agency to write all rules in plain language. In addition 
to your substantive comments on this interim rule, we invite your 
comments on how to make the rule easier to understand. For example:
     Are the requirements in the rule clearly stated? Are the 
scope and intent of the rule clear?
     Does the rule contain technical language or jargon that is 
not clear?
     Is the material logically organized?
     Would changing the grouping or order of sections or adding 
headings make the rule easier to understand?
     Could we improve clarity by adding tables, lists, or 
diagrams?
     Would more, but shorter, sections be better? Are there 
specific sections that are too long or confusing?
     What else could we do to make the rule easier to 
understand?

Cost Benefit Analysis

    The mandatory and discretionary changes to CRP specified in this 
rule are expected to have a minimal cost impact for CRP as a whole, 
although individual producers could experience measurable increases or 
decreases in financial and environmental benefits. Incentive payments 
for tree thinning, Transition Incentives Program payments, and new 
permissive uses specified in this rule are expected to increase costs 
to the government by $67 million for FY 2014 through 2018. That 
includes $10 million for tree thinning, $28 million for Transition 
Incentives Program payments, and $29 million for rental payments that 
are no longer reduced for emergency haying and grazing. Enrolling 
grasslands is expected to

[[Page 41993]]

reduce costs by $31 million during FY 2014 through 2018, resulting in 
an estimated net overall cost of $36 million for FY 2014 through 2018, 
an average of $7.3 million per year.
    The acreage cap for CRP specified in the 2014 Farm Bill is expected 
to reduce overall payments to producers (and costs to the government) 
for CRP by $616 million total between FY 2014 and FY 2018 ($2.8 billion 
between FY 2014 and FY 2023). However, that cost reduction is not the 
result of the specific provisions in this rule.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601-612), as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA), generally requires an agency to prepare a regulatory 
flexibility analysis of any rule whenever an agency is required by the 
Administrative Procedure Act or any other law to publish a proposed 
rule, unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
This rule is not subject to the Regulatory Flexibility Act because the 
Secretary of Agriculture and FSA are not required by any law to publish 
a proposed rule for this rulemaking initiative. CCC is required by 
section 2608 of the 2014 Farm Bill to issue an interim rule effective 
on publication with an opportunity for comment.

Environmental Evaluation

    In accordance with the National Environmental Policy Act (NEPA, 42 
U.S.C. 4321-4347), FSA prepared a Supplemental Programmatic 
Environmental Impact Statement (SPEIS) for the changes to CRP proposed 
as a result of the mandatory provisions of the 2014 Farm Bill. 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 intent (NOI) to prepare the CRP SPEIS in the 
Federal Register on November 29, 2013 (78 FR 71561-71562), and 
requested public comment on the preliminary alternatives for analyzing 
changes to CRP that were proposed as a result of the mandatory 
provisions of 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), and public meetings were 
held in several locations across the country in July and August, 2014. 
The Final SPEIS public comment period began with a NOA published in the 
Federal Register on December 23, 2014 (79 FR 76952-76955).
    Many of the changes to CRP from the 2014 Farm Bill did not require 
analysis in the SPEIS because they were administrative in nature, 
clarified the mandatory provisions of the 2014 Farm Bill, would not 
result in major changes to the current administration of CRP, and were 
addressed in previous NEPA documentation concerning CRP. Only those 
changes that did not meet these criteria were included in the SPEIS.
    As part of this CRP rulemaking initiative, FSA prepared a Record of 
Decision, which identified the alternative selected for implementation 
and outlines the rationale, as well as a discussion of any final 
comments received for the SPEIS, and was published on June 18, 2015 (80 
FR 34883-86).

Executive Order 12372

    Executive Order 12372, ``Intergovernmental Review of Federal 
Programs,'' requires consultation with State and local officials that 
would be directly affected by proposed Federal financial assistance. 
The objectives of the Executive Order are to foster an 
intergovernmental partnership and a strengthened Federalism, by relying 
on State and local processes for State and local government 
coordination and review of proposed Federal financial assistance and 
direct Federal development. For reasons specified in the final rule 
related document regarding 7 CFR part 3015, subpart V (48 FR 29115, 
June 24, 1983), the programs and activities in this rule are excluded 
from the scope of Executive Order 12372.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This final rule is not retroactive and does not preempt 
State or local laws, regulations, or policies unless they represent an 
irreconcilable conflict with this rule. Before any judicial action may 
be brought regarding provisions of this rule, the administrative appeal 
provisions of 7 CFR parts 11, 624, and 780 must be exhausted.

Executive Order 13132

    This rule has been reviewed under Executive Order 13132, 
``Federalism.'' The policies contained in this proposed rule would not 
have any substantial direct effect on 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, 
except as required by law. Nor does this rule impose substantial direct 
compliance costs on State and local governments. Therefore, 
consultation with the States is not required.

Executive Order 13175

    This 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 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.
    FSA has assessed the impact of this rule on Indian tribes and 
determined that this rule would not, to our knowledge, have tribal 
implications that require tribal consultation under Executive Order 
13175. If a Tribe requests consultation, FSA will work with the USDA 
Office of Tribal Relations to ensure meaningful consultation is 
provided where changes, additions, and modifications identified in this 
rule are not expressly mandated by the 2014 Farm Bill.

Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA, Pub. L. 
104-4) requires Federal agencies to assess the effects of their 
regulatory actions of State, local, and Tribal governments or the 
private sector. Agencies generally must prepare a written statement, 
including cost benefits analysis, for proposed and final rules with 
Federal mandates that may result in expenditures of $100 million or 
more in any 1 year 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 under the regulatory provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA, Pub. L. 
104-4) for State, local, or tribal governments, or the private sector. 
In addition, CCC is not required to publish a notice of proposed 
rulemaking for this rule. Therefore, this

[[Page 41994]]

rule is not subject to the requirements of sections 202 and 205 of 
UMRA.

Federal Domestic Assistance Program

    The title and number of the Federal Domestic Assistance Program in 
the Catalog of Federal Domestic Assistance to which this rule applies 
is the Conservation Reserve Program--10.069.

Paperwork Reduction Act

    The regulations in this rule are exempt from the requirements of 
the Paperwork Reduction Act (44 U.S.C. Chapter 35), as specified in 
section 2608 of the 2014 Farm Bill, which provides that these 
regulations be promulgated and the program administered without regard 
to the Paperwork Reduction Act.

E-Government Act Compliance

    CCC is committed to complying with the E-Government Act, to promote 
the use of the Internet and other information technologies to provide 
increased opportunities for citizen access to Government information 
and services, and for other purposes.

List of Subjects

7 CFR Part 718

    Acreage allotments, Drug traffic control, Loan programs-
agriculture, Marketing quotas, Price support programs, Reporting and 
recordkeeping requirements.

7 CFR Part 1410

    Administrative practice and procedure, Agriculture, Environmental 
protection, Grant programs--Agriculture, Natural resources, Reporting 
and recordkeeping requirements, Soil conservation, Technical 
assistance, Water resources, Wildlife.

    For the reasons explained above, CCC and FSA amend 7 CFR parts 718 
and 1410 as follows:

PART 718--PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS

0
1. Revise the authority for part 718 to read as follows:

    Authority:  7 U.S.C. 1501-1524, 1921-2008r, 7201-7334, 7901-8002 
and 9011-9097, 15 U.S.C. 714b and c, and 16 U.S.C. 3801-3847.


0
2. Revise Sec.  718.1(a) to read as follows:


Sec.  718.1  Applicability.

    (a) This part is applicable to all programs specified in chapters 
VII and XIV of this title that are administered by the Farm Service 
Agency (FSA) and to any other programs that adopt this part by 
reference. This part governs how FSA administers marketing quotas, 
allotments, base acres, and acreage reports for those programs to which 
this part applies. The regulations to which this part applies are those 
that establish procedures for measuring allotments and program eligible 
acreage, for determining program compliance, farm reconstitutions, 
application of finality, and equitable relief from compliance or 
ineligibility.
* * * * *

0
3. Amend Sec.  718.2 as follows:
0
a. Revise the definitions for ``Base acres'', ``Entity'', and 
``Owner''; and
0
b. Add, in alphabetical order, definitions for ``Common land unit'', 
``Contiguous'', ``Contiguous county'', ``Contiguous county office'', 
``Double cropping'', ``State committee'', and ``Subsequent crop'';
0
c. In the definition of ``Crop reporting date'', remove the words 
``date the'' and add the words ``date upon which the'' in their place; 
and
0
d. In the definition of ``Minor child'', add the words and punctuation 
``For the purpose of programs under chapters VII and XIV of this 
title,'' before the word ``State''.
    The revisions and additions read as follows:


Sec.  718.2  Definitions.

* * * * *
    Base acres means, with respect to a covered commodity on a farm, 
the number of acres in effect on September 30, 2013, as defined in the 
regulations in part 1412, subpart B, of this title that were in effect 
on that date, subject to any reallocation, adjustment, or reduction. 
The term ``base acres'' includes any generic base acres as specified in 
part 1412 planted to a covered commodity as specified in part 1412.
* * * * *
    Common land unit means the smallest unit of land that has an 
identifiable border and all of the following in common:
    (1) Owner;
    (2) Management;
    (3) Cover; and
    (4) Where applicable, producer association.
* * * * *
    Contiguous means sharing any part of a boundary but not 
overlapping.
    Contiguous county means a county contiguous to the reference county 
or counties.
    Contiguous county office means the FSA county office that is in a 
contiguous county.
* * * * *
    Double cropping means, as determined by the Deputy Administrator on 
a regional basis, consecutive planting of two specific crops that have 
the capability to be planted and carried to maturity for the intended 
uses, as reported by the producer, on the same acreage within a 12-
month period. To be considered double cropping, the planting of two 
specific crops must be in an area where such double cropping is 
considered normal, or could be considered normal, for all growers under 
normal growing conditions and growers are typically able to repeat the 
same cycle successfully in a subsequent 12-month period.
    Entity means a corporation, joint stock company, association, 
limited partnership, limited liability partnership, limited liability 
company, irrevocable trust, estate, charitable organization, or other 
similar organization, including any such organization participating in 
the farming operation as a partner in a general partnership, a 
participant in a joint venture, or a participant in a similar 
organization.
* * * * *
    Owner means one who has legal ownership of farmland, including:
    (1) Any agency of the Federal Government; however, such agency is 
not eligible to receive any program payment;
    (2) One who is buying farmland under a contract for deed; or
    (3) One who has a life-estate in the property.
* * * * *
    State committee means the FSA State committee.
* * * * *
    Subsequent crop means a crop following an initial crop that is not 
in an approved double cropping combination.
* * * * *


Sec.  718.3  [Amended]

0
4. Amend Sec.  718.3 as follows:
0
a. In paragraph (a)(2), add the word ``or'' at the end;
0
b. In paragraph (a)(3), remove the semicolon and add a period in its 
place;
0
c. Remove paragraphs (a)(4), (5), and (6); and
0
d. In paragraph (b), remove the references to ``Sec.  718.108'' and 
``Sec.  718.111'' and add references to ``Sec.  718.109'' and ``Sec.  
718.112'', respectively in their place.

0
5. Revise Sec.  718.7 to read as follows:


Sec.  718.7  Furnishing maps.

    (a) A reasonable number, as determined by FSA, of reproductions of 
photographs, mosaic maps, and other

[[Page 41995]]

maps will be made available to the owner of a farm, an insurance 
company reinsured by the Federal Crop Insurance Corporation (FCIC), or 
a private party contractor performing official duties on behalf of FSA, 
CCC, and other USDA agencies.
    (b) For all others, reproductions will be made available at the 
rate FSA determines will cover the cost of making such items available.


Sec.  718.8  [Amended]

0
6. Amend Sec.  718.8(e) by removing the word ``COC'' and adding the 
words ``county committee'' in its place.

0
7. Amend Sec.  718.9 as follows:
0
a. Revise paragraphs (a) and (b) introductory text; and
0
b. Add paragraph (f).
    The revisions and addition read as follows:


Sec.  718.9  Signature requirements.

    (a) When a program authorized by this chapter or chapter XIV of 
this title requires the signature of a producer, landowner, landlord, 
or tenant, then a spouse may sign all such FSA or CCC documents on 
behalf of the other spouse, except as otherwise specified in this 
section, unless such other spouse has provided written notification to 
FSA and CCC that such action is not authorized. The notification must 
be provided to FSA for each farm.
    (b) A spouse may not sign a document on behalf of the other spouse 
with respect to:
* * * * *
    (f) Documents that were previously acted on and approved by the FSA 
county office or county committee will not subsequently be determined 
inadequate or invalid because of the lack of signature authority of any 
person signing the document on behalf of the applicant or any other 
individual, entity, general partnership, or joint venture, unless the 
person signing the program document knowingly and willfully falsified 
the evidence of signature authority or a signature. However, FSA may 
require affirmation of the document by those parties deemed appropriate 
for an affirmation, as determined by the Deputy Administrator. Nothing 
in this paragraph relieves participants of any other program 
requirements.


Sec.  718.101  [Amended]

0
8. Amend Sec.  718.101(a)(1) by removing the reference to ``Sec.  
718.103'' and adding a reference to ``Sec.  718.104'' in its place.


Sec.  718.102  [Amended]

0
9. Amend Sec.  718.102 as follows:
0
a. In paragraph (a), remove the words ``annually submit accurate 
information'' and add the words ``submit accurate information 
annually'' in their place;
0
b. In paragraph (b)(1), remove the words ``the programs governed by 
part 1412 of this title'' and add the words ``programs for which 
eligibility for benefits is tied to base acres'' in their place;
0
c. In paragraph (b)(6), remove the word ``intended'';
0
d. Revise paragraphs (b)(7) and (c); and
0
e. Add paragraph (d).
    The revisions and addition read as follows:


Sec.  718.102  Acreage reports.

* * * * *
    (b) * * *
    (7) All producers reporting acreage as prevented planted acreage or 
failed acreage must provide documentation that meets the provisions of 
Sec.  718.103 to the FSA county office where the farm is administered.
    (c) The annual acreage reports required in paragraph (a) of this 
section must be filed with the county committee by the farm operator, 
farm owner, producer of the crop on the farm, or duly authorized 
representative by the final reporting date applicable to the crop as 
established by the Deputy Administrator.
    (d) Participants in programs to which this part is applicable must 
report all crops, in all counties, in which they have an interest. This 
includes crops on cropland and noncropland, including native or 
improved grass that will be hayed or grazed.

0
10. Amend Sec.  718.103 as follows:
0
a. Revise paragraphs (b) and (c);
0
b. Remove paragraphs (d) and (e);
0
c. Redesignate paragraphs (f) and (g) as paragraphs (d) and (e);
0
d. In newly redesignated paragraph (e), remove the words ``shall 
apply'' and add the word ``applies'' it their place;
0
e. Add paragraphs (f) and (g);
0
f. Remove paragraph (h);
0
g. Redesignate paragraphs (i) through (n) as paragraphs (h) through 
(m), respectively;
0
h. In newly redesignated paragraph (i), remove the words ``the COC. The 
COC will'' and add the words ``the county committee. The county 
committee may'' in their place; and
0
i. In newly redesignated paragraph (m)(2), remove the word ``and'' at 
the end of the sentence and add the word ``or'' in its place.
    The revisions and additions read as follows:


Sec.  718.103  Prevented planted and failed acreage.

* * * * *
    (b) FSA may approve acreage as ``prevented planted acreage'' if all 
other conditions for such approval are met and provided the conditions 
in paragraphs (b)(1) through (6) of this section are met.
    (1) Except as specified in paragraph (b)(2) of this section, 
producers must report the acreage, on forms specified by FSA, within 15 
calendar days after the final planting date determined for the crop by 
FSA.
    (2) If the acreage is reported after the period identified in 
paragraph (b)(1) of this section, the application must be filed in time 
to permit:
    (i) The county committee or its authorized representative to make a 
farm visit to verify eligible disaster conditions that prevented the 
specified acreage or crop from being planted; or
    (ii) The county committee or its authorized representative the 
opportunity to determine, based on visual inspection, that the acreage 
or crop in question was affected by eligible disaster conditions such 
as damaging weather or other adverse natural occurrences that prevented 
the acreage or crop from being planted.
    (3) A farm visit to inspect the acreage or crop is required for all 
late-filed acreage reports where prevented planting credit is sought. 
Under no circumstance may acreage reported after the 15-day period 
referenced in paragraph (b)(1) of this section be deemed acceptable 
unless the criteria in paragraph (b)(2) of this section are met. State 
and county committees do not have the authority to waive the field 
inspection and verification provisions for late-filed reports.
    (4) All determinations made during field inspections must be 
documented on each late-filed acreage report, with results also 
recorded in county committee minutes to support the documentation.
    (5) The acreage must have been prevented from being planted as the 
result of a natural disaster and not a management decision.
    (6) The prevented planted acreage report was approved by the county 
committee. The county committee may disapprove prevented planted 
acreage credit if it is not satisfied with the documentation provided.
    (c) To receive prevented planted credit for acreage, the producer 
must show to the satisfaction of FSA that the producer intended to 
plant the acreage. Documentation supporting such intent includes 
documents related to field preparation, seed purchase, and any

[[Page 41996]]

other information that shows the acreage could and would have been 
planted and harvested absent the natural disaster or eligible cause of 
loss that prevented the planting.
* * * * *
    (f) Acreage ineligible for prevented planting coverage includes, 
but is not limited to, acreage:
    (1) With respect to which the planting history or conservation 
plans indicate it would remain fallow for crop rotation purposes;
    (2) Used for conservation purposes or intended to be or considered 
to have been left unplanted under any program administered by USDA, 
including the Conservation Reserve and Wetland Reserve Programs;
    (3) Not planted because of a management decision;
    (4) Affected by the containment or release of water by any 
governmental, public, or private dam or reservoir project, if an 
easement exists on the acreage affected for the containment or release 
of water;
    (5) Where any other person receives a prevented planted payment for 
any crop for the same crop year, unless the acreage meets all the 
requirements for double cropping under this part;
    (6) Where pasture or other forage crop is in place on the acreage 
during the time that planting of the crop generally occurs in the area;
    (7) Where another crop is planted (previous or subsequent) that 
does not meet the double cropping definition;
    (8) Where any volunteer or cover crop is hayed, grazed, or 
otherwise harvested on the acreage for the same crop year;
    (9) Where there is an inadequate supply of irrigation water 
beginning on the Federal crop insurance sale closing date for the 
previous crop year or the Noninsured Crop Disaster Assistance Program 
(NAP) application closing date for the crop as specified in part 1437 
of this title through the final planting date of the current year;
    (10) On which a failure or breakdown of irrigation equipment or 
facilities, unless the failure or breakdown is due to a natural 
disaster;
    (11) That is under quarantine imposed by a county, State, or 
Federal government agency;
    (12) That is affected by chemical or herbicide residue, unless the 
residue is due to a natural disaster;
    (13) That is affected by drifting herbicide;
    (14) On which a crop was produced, but the producer was unable to 
obtain a market for the crop;
    (15) Involving a planned planting of a ``value loss crop'' as that 
term is defined for NAP as specified in part 1437 of this title, 
including, but not limited to, Christmas trees, aquaculture, or 
ornamental nursery, for which NAP assistance is provided under value 
loss procedure;
    (16) For which the claim for prevented planted credit relates to 
trees or other perennials unless the producer can prove resources were 
available to plant, grow, and harvest the crop, as applicable;
    (17) That is affected by wildlife damage;
    (18) Upon which, the reduction in the water supply for irrigation 
is due to participation in an electricity buy-back program, or the sale 
of water under a water buy-back or legislative changes regarding water 
usage, or any other cause which is not a natural disaster; or
    (19) That is devoted to non-cropland.
    (g) CCC may allow exceptions to acreage ineligible for prevented 
planting coverage when surface water or ground water is reduced because 
of a natural disaster (as determined by CCC).
* * * * *


Sec.  718.104  [Amended]

0
11. Amend Sec.  718.104 as follows:
0
a. In paragraph (a), introductory text, remove words ``date, and be 
considered timely filed, if'' and add the words ``date and processed by 
FSA if'' in their place;
0
b. In paragraph (a)(1), remove the words and punctuation ``is in the 
field,'' and add the words and punctuation ``remains in the field, 
permitting FSA to verify and determine the acreage;'' in their place;
0
c. In paragraph (a)(2), add the words ``amount of'' in front of the 
word ``acreage''; and
0
d. In paragraph (b), remove the word ``shall'' and add the word 
``must'' in its place.


Sec.  718.105  [Amended]

0
12. Amend Sec.  718.105(c)(2) by removing the word ``when'' and adding 
the words ``upon which'' in its place.

0
13. Revise Sec.  718.106 to read as follows:


Sec.  718.106  Non-compliance and false acreage reports.

    (a) Participants who provide false or inaccurate acreage reports 
may be ineligible for some or all payments or benefits, subject to the 
requirements of Sec.  718.102(b)(1) and (3).
    (b) [Reserved]

0
14. Revise Sec.  718.111 to read as follows:


Sec.  718.111  Notice of measured acreage.

    (a) FSA will provide notice of measured acreage and mail it to the 
farm operator. This notice constitutes notice to all parties who have 
ownership, leasehold interest, or other interest in such farm.
    (b) [Reserved]

0
15. Amend Sec.  718.112 as follows:
0
a. Revise paragraph (a); and
0
b. In paragraph (b), introductory text, remove the words ``The county 
committee shall'' and add the words ``FSA will'' in their place.
    The revision reads as follows:


Sec.  718.112  Redetermination.

    (a) A redetermination of crop acreage, appraised yield, or farm-
stored production for a farm may be initiated by the county committee, 
State committee, or Deputy Administrator at any time. Redetermination 
may be requested by a producer with an interest in the farm if the 
producer pays the cost of the redetermination. The request must be 
submitted to FSA within 5 calendar days after the initial appraisal of 
the yield of a crop, or before the farm-stored production is removed 
from storage. A redeter mina tion will be undertaken in the manner 
prescribed by the Deputy Administrator. A redetermination will be used 
in lieu of any prior determination unless it is determined by the 
representative of the Deputy Administrator that there is good cause not 
to do so.
* * * * *

0
16. Revise the heading of subpart C to read as follows:

Subpart C--Reconstitution of Farms, Allotments, Quotas, and Base 
Acres

0
17. Revise Sec.  718.201(a), (c) introductory text, and (c)(1) to read 
as follows:


Sec.  718.201  Farm constitution.

    (a) In order to implement FSA programs and monitor compliance with 
regulations, FSA must have records on what land is being farmed by a 
particular producer. This is accomplished by a determination of what 
land or group of lands ``constitute'' an individual unit or farm. Land 
that was properly constituted under prior regulations will remain so 
constituted until a reconstitution is required by paragraph (c) of this 
section. The constitution and identification of land as a ``farm'' for 
the first time and the subsequent reconstitution of a farm made 
thereafter will include all land operated by an individual entity or 
joint operation as a single farming unit except that it may not 
include:

[[Page 41997]]

    (1) Land under separate ownership unless the owners agree in 
writing or have previously agreed in writing and the labor, equipment, 
accounting system, and management are operated in common by the 
operator, but separate from other tracts;
    (2) Land under a lease agreement of less than 1 year duration;
    (3) Federally owned land unless it is rangeland on which no crops 
are planted and on which there are no crop base acres established;
    (4) State-owned wildlife lands unless the former owner has 
possession of the land under a leasing agreement;
    (5) Land constituting a farm that is declared ineligible to be 
enrolled in a program under the regulations governing the program;
    (6) For base acre crops, land located in counties that are not 
contiguous except where:
    (i) Counties are divided by a river;
    (ii) Counties do not share a common border because of a correction 
line adjustment; or
    (iii) The land is within 20 miles, by road, of other land that will 
be a part of the farming unit;
    (7) Land subject to either a default election or a valid election 
made under part 1412 of this title for each and all covered commodities 
constituted with land that has a different default election or valid 
election for each and all covered commodities, irrespective of whether 
or not any of the land has base acres; or
    (8) Land subject to an election of individual coverage under the 
Agriculture Risk Coverage Program (ARC-IC) in any State constituted 
with any land in another State.
* * * * *
    (c) A reconstitution of a farm either by division or by combination 
is required whenever:
    (1) A change has occurred in the operation of the land since the 
last constitution or reconstitution and as a result of such change the 
farm does not meet the conditions for constitution of a farm as 
specified in paragraph (a) of this section, except that no 
reconstitution will be made if the county committee determines that the 
primary purpose of the change in operation is to establish eligibility 
to transfer allotments subject to sale or lease, or increase the amount 
of program benefits received;
* * * * *

0
18. Revise Sec.  718.206 to read as follows:


Sec.  718.206  Determining farms, tracts, and base acres when 
reconstitution is made by division.

    (a) The methods for dividing farms, tracts, and base acres are, in 
order of precedence: Estate, designation by landowner, cropland, and 
default. The proper method will be determined on a crop-by-crop basis.
    (b) The estate method for reconstitution is the pro-rata 
distribution of base acres for a parent farm among the heirs in 
settling an estate. If the estate sells a tract of land before the farm 
is divided among the heirs, the base acres for that tract will be 
determined according to paragraphs (c) through (e) of this section.
    (1) Base acres must be divided in accordance with a will, but only 
if the county committee determines that the terms of the will are such 
that a division can reasonably be made by the estate method.
    (2) If there is no will or the county committee determines that the 
terms of a will are not clear as to the division of base acres, the 
base acres will be apportioned in the manner agreed to in writing by 
all interested heirs or devisees who acquire an interest in the 
property for which base acres have been established. An agreement by 
the administrator or executor will not be accepted in lieu of an 
agreement by the heirs or devisees.
    (3) If base acres are not apportioned as specified in paragraph 
(b)(1) or (2) of this section, the base acres must be divided as 
specified in paragraph (d) or (e) of this section, as applicable.
    (c) If the ownership of a tract of land is transferred from a 
parent farm, the transferring owner may request that the county 
committee divide the base acres, including historical acreage that has 
been double cropped, between the parent farm and the transferred tract, 
or between the various tracts if the entire farm is sold to two or more 
purchasers.
    (1) If the county committee determines that base acres cannot be 
divided in the manner designated by the owner because the owner's 
designation does not meet the requirements of paragraph (c)(2) of this 
section, FSA will notify the owner and permit the owner to revise the 
designation to meet the requirements. If the owner does not furnish a 
revised designation of base acres within a reasonable time after such 
notification, or if the revised designation does not meet the 
requirements, the county committee will divide the base acres in a pro-
rata manner in accordance with paragraph (d) or (e) of this section.
    (2) The landowner may designate a manner in which base acres are 
divided by filing a signed written memorandum of understanding of the 
designation of base acres with the county committee before the transfer 
of ownership of the land. Both the transferring owner and transferee 
must sign the written designation of base acres.
    (i) Within 30 days after a prescribed form, letter, or notice of 
base acres is issued by FSA following the reconstitution of a farm but 
before any subsequent transfer of ownership of the land, all owners in 
existence at time of the reconstitution request may seek a different 
manner of base acre designation by agreeing in writing by executing a 
form CCC-517 or other designated form.
    (ii) The landowner must designate the base acres that will be 
permanently reduced when the sum of the base acres exceeds the 
effective cropland plus double-cropped acres for the farm.
    (iii) When the part of the farm from which the ownership is being 
transferred was owned for less than 3 years, the designation by 
landowner method of designating base acres cannot be used unless the 
county committee determines that the primary purpose of the ownership 
transfer was other than to retain or to sell base acres. In the absence 
of such a determination, and if the farm contains land that has been 
owned for less than 3 years, the part of the farm that has been owned 
for less than 3 years will be considered as a separate farm and the 
base acres must be assigned to that farm in accordance with paragraph 
(d) or (e) of this section. Such apportionment will be made prior to 
any designation of base acres with respect to the part that has been 
owned for 3 years or more.
    (3) The designation by landowner method may be applied, at the 
owner's request, to land owned by an Indian Tribal Council that is 
leased to two or more producers for the production of any crop of a 
commodity for which base acres have been established. If the land is 
leased to two or more producers, an Indian Tribal Council may request 
that the county committee divide the base acres between the applicable 
tracts in the manner designated by the Council. The use of this method 
is not subject to the requirements specified in paragraph (c)(2) of 
this section.
    (d) The cropland method for reconstitution is the pro-rata 
distribution of base acres to the resulting tracts in the same 
proportion that each resulting tract bears to the cropland for the 
parent tract. This method of division will be used if paragraphs (b) 
and (c) of this section do not apply.

[[Page 41998]]

    (e) The default method for reconstitution is the separation of 
tracts from a farm with each tract maintaining the base acres 
attributed to the tract when the reconstitution is initiated.
    (f) Farm program payment yields calculated for the resulting farms 
of a division may be increased or decreased if the county committee 
determines the method used did not provide an equitable distribution 
considering available land, cultural operations, and changes in the 
type of farming conducted on the farm. Any increase in the farm program 
payment yield on a resulting farm will be offset by a corresponding 
decrease on another resulting farm of the division.

0
19. Revise Sec.  718.207 to read as follows:


Sec.  718.207  Determining base acres when reconstitution is made by 
combination.

    (a) When two or more farms or tracts are combined for a year, that 
year's base acres, with respect to the combined farm or tract, as 
required by applicable program regulations, will not be greater than 
the sum of the base acres for each of the farms or tracts comprising 
the combination, subject to the provisions of Sec.  718.204.
    (b) [Reserved]

0
20. Amend Sec.  718.301 as follows:
0
a. In paragraph (a), add the punctuation and words ``, as amended'' at 
the end of the first sentence;
0
b. Remove paragraph (b);
0
c. Redesignate paragraph (c) as paragraph (b); and
0
d. Add paragraph (c).
    The addition reads as follows:


Sec.  718.301  Applicability.

* * * * *
    (c) The relief provisions of this part cannot be used to extend a 
benefit or assistance not otherwise available under law or not 
otherwise available to others who have satisfied or complied with every 
eligibility or compliance requirement of the provisions of law or 
regulations governing the program benefit or assistance.


Sec.  718.302  [Amended]

0
21. In Sec.  718.302, remove the definition of ``Agricultural 
commodity''.

0
22. Revise Sec.  718.303 to read as follows:


Sec.  718.303  Reliance on incorrect actions or information.

    (a) Notwithstanding any other law, if an action or inaction by a 
participant is based upon good faith reliance on the action or advice 
of an authorized representative of an FSA county or State committee, 
and that action or inaction results in the participant's noncompliance 
with the requirements of a covered program that is to the detriment of 
the participant, then that action or inaction still may be approved by 
the Deputy Administrator as meeting the requirements of the covered 
program, and benefits may be extended or payments made in as specified 
in Sec.  718.305.
    (b) This section applies only to a participant who:
    (1) Relied in good faith upon the action of, or information 
provided by, an FSA county or State committee or an authorized 
representative of such committee regarding a covered program;
    (2) Acted, or failed to act, as a result of the FSA action or 
information; and
    (3) Was determined to be not in compliance with the requirements of 
that covered program.
    (c) This section does not apply to cases where the participant had 
sufficient reason to know that the action or information upon which 
they relied was improper or erroneous or where the participant acted in 
reliance on their own misunderstanding or misinterpretation of program 
provisions, notices or information.

0
23. Revise Sec.  718.304 to read as follows:


Sec.  718.304  Failure to fully comply.

    (a) When the failure of a participant to fully comply with the 
terms and conditions of a covered program precludes the providing of 
payments or benefits, relief may be authorized as specified in Sec.  
718.305 if the participant made a good faith effort to comply fully 
with the requirements of the covered program.
    (b) This section only applies to participants who are determined by 
FSA to have made a good faith effort to comply fully with the terms and 
conditions of the covered program and have performed substantial 
actions required for program eligibility.

0
24. Amend Sec.  718.306 as follows:
0
a. Revise paragraphs (a) introductory text, (a)(2) and (4), and (b); 
and
0
b. Add paragraph (c).
    The revisions and addition read as follows:


Sec.  718.306  Finality.

    (a) A determination by an FSA State or county committee (or 
employee of such committee) becomes final on an application for 
benefits and binding 90 days from the date the application for benefits 
has been filed, and supporting documentation required to be supplied by 
the producer as a condition for eligibility for the particular program 
has been filed, unless any of the following exceptions exist:
* * * * *
    (2) The determination was in any way based on erroneous, innocent, 
or purposeful misrepresentation; false statement; fraud; or willful 
misconduct by or on behalf of the participant;
* * * * *
    (4) The participant knew or had reason to know that the 
determination was erroneous.
    (b) Should an erroneous determination become final under the 
provisions of this section, the erroneous decision will be corrected 
according to paragraph (c) of this section.
    (1) If, as a result of the erroneous decision, payment was issued, 
no action will be taken by FSA, CCC, or a State or county committee to 
recover unearned payment amounts unless one or more of the exceptions 
in paragraph (a) of this section applies;
    (2) If payment was not issued before the error was discovered, the 
payment will not be issued. FSA and CCC are under no obligation to 
issue payments or render decisions that are contrary to law or 
regulation.
    (c) FSA and CCC will modify and correct determinations when errors 
are discovered. As specified in paragraph (b) of this section, FSA or 
CCC may be precluded from recovering unearned payments that issued as a 
result of the erroneous decision. FSA or CCC's inability to recover or 
demand refunds of unearned amounts as specified in paragraph (b) will 
only be effective through the year in which the error was found and 
communicated to the participant.

0
25. Amend Sec.  718.307 as follows:
0
a. In paragraph (a), introductory text, remove the words ``an SED'' and 
add the words ``an SED, after consultation with and approval from OGC 
but'' in their place, and remove the reference to ``Sec. Sec.  718.303 
and 718.304'' and add a reference to ``Sec. Sec.  718.303 through 
718.305'' in its place;
0
b. In paragraph (a)(2), remove the word ``person'' and add the word 
``participant'' in its place;
0
c. In paragraph (a)(3), remove the words ``in that year'';
0
d. In paragraph (a)(4), remove the words ``the SED (or the SED's 
predecessor)'' and add the words ``an SED'' in their place;
0
e. Revise paragraph (d); and
0
f. In paragraph (e), remove the last sentence.
    The revision reads as follows:


Sec.  718.307  Special relief approval authority for State Executive 
Directors.

* * * * *

[[Page 41999]]

    (d) Relief may not be provided by the SED under this section until 
a written opinion or written acknowledgment is obtained from OGC that 
grounds exist for determination that requirements for granting relief 
under Sec.  718.303 or Sec.  718.304 have been met, that the form of 
relief is authorized under Sec.  718.305, and that the granting of the 
relief is within the lawful authority of the SED.
* * * * *

PART 1410--CONSERVATION RESERVE PROGRAM

0
26. The authority citation for 7 CFR part 1410 continues to read as 
follows:

    Authority:  15 U.S.C. 714b and 714c; 16 U.S.C. 3801-3847.


0
27. Revise Sec.  1410.1(f) and (j) to read as follows:


Sec.  1410.1  Administration.

* * * * *
    (f) Notwithstanding other provisions of this section, the 
suitability of land for permanent vegetative or water cover, factors 
for determining the likelihood of improved water quality, and adequacy 
of the planned practice to achieve desired objectives will be 
determined by the Natural Resource Conservation Service (NRCS) or other 
sources approved by the Deputy Administrator, in accordance with the 
Field Office Technical Guide (FOTG) of NRCS or other guidelines deemed 
appropriate by NRCS. In no case will such determination compel the 
Deputy Administrator to execute a contract that the Deputy 
Administrator does not believe will serve the purposes of CRP 
established by this part. Any approved technical authority will use CRP 
guidelines established by the Deputy Administrator.
* * * * *
    (j) Except as agreed by CCC and the participant together, the 
regulations in this part apply to all contracts approved after July 16, 
2015.

0
28. Amend Sec.  1410.2 as follows:
0
a. In paragraphs (a) and (b), introductory text, remove the words 
``shall be'' each time they appear and add the word ``are'' in their 
place,
0
b. Amend paragraph (b) as follows:
0
i. Add, in alphabetical order, definitions for ``Agricultural 
Conservation Easement Program'', ``Common grazing practices'', 
``Forb'', ``Grassland'', ``Improved rangeland or pastureland'', 
``Nesting season'', ``Pastureland'', ``Rangeland'', ``Shrubland'', and 
``Veteran farm or rancher'';
0
ii. Revise the definitions for ``Conservation plan'', ``Conserving 
use'', ``Considered planted'', ``Erodibility Index'', ``Highly Erodible 
Land'', ``Infeasible to farm'', and ``Local FSA Office''; and
0
iii. Remove the definitions of ``Beginning farmer or rancher'', 
``Cropped wetlands'', ``Farmed wetlands'', ``Limited resource farmer or 
rancher'', ``Merchantable timber'', ``Present value'', ``Private non-
industrial forest land'', ``Private non-industrial forest landowner'', 
``Water Bank Program (WBP)'', and ``Wetlands farmed under natural 
conditions''.
    The revisions and additions read as follows:


Sec.  1410.2  Definitions.

* * * * *
    (b) * * *
    Agricultural Conservation Easement Program means the program that 
provides for the establishment of wetland easements on land under 
subtitle H of Title XII of the Food Security Act of 1985, as amended by 
section 2301 of the Agricultural Act of 2014.
* * * * *
    Common grazing practices means grazing practices, including those 
related to forage and seed production, common to the area of the 
subject ranching or farming operation. Included are routine management 
activities necessary to maintain the viability of forage or browse 
resources that are common to the locale of the subject ranching or 
farming operation.
* * * * *
    Conservation plan means a record of the participant's decisions and 
supporting information for treatment of a unit of land or water, and 
includes a schedule of operations, activities, and estimated 
expenditures needed to solve identified natural resource problems by 
devoting eligible land to permanent vegetative cover, trees, water, or 
other comparable measures. For grassland signup enrollments where 
grazing is occurring or is likely to occur, the conservation plan will 
contain provisions for common grazing practices and related activities 
consistent with achieving CRP purposes and maintaining the health and 
viability of grassland resources.
* * * * *
    Conserving use means a use of land that meets crop rotation 
requirements, as specified by the Deputy Administrator, for: Alfalfa, 
multi-year grasses, and legumes planted during 2008 through 2013; for 
summer fallow during 2008 through 2013; or for land on which the 
contract expired during the period 2008 through 2013 and on which the 
grass cover required by the CRP contract continues to be maintained as 
though still enrolled. Land that meets this definition of ``conserving 
use'' will be considered to have been planted to an agricultural 
commodity for the purposes of eligibility specified in Sec.  
1410.6(a)(1).
    Considered planted means land devoted to a conserving use during 
the crop year or during any of the 2 years preceding the crop year if 
the contract expired; cropland enrolled in CRP; or land for which the 
producer received insurance indemnity payment for prevented planting.
* * * * *
    Erodibility index (EI), as prescribed by the Deputy Administrator, 
is an index used to determine the inherent erodibility from either from 
water or wind, but not both combined, of a soil in relation to the soil 
loss tolerance for that soil.
* * * * *
    Forb means any herbaceous plant other than those in the grass 
family.
    Grassland means land on which the vegetation is dominated by 
grasses, grass-like plants, shrubs, or forbs, including shrubland, land 
that contains forbs, pastureland, and rangeland, and improved 
pastureland and rangeland, as determined by the Deputy Administrator.
    Highly Erodible Land (HEL) means land determined to have an EI 
equal to or greater than 8 on the acreage offered, as determined by the 
Deputy Administrator.
    Improved rangeland or pastureland means grazing land permanently 
producing naturalized forage species that receives varying degrees of 
periodic cultural treatment to enhance forage quality and yields and is 
primarily consumed by livestock.
    Infeasible to farm means an area of land that is too small or 
isolated to be economically farmed, or is otherwise suitable for such 
classification, as determined by the Deputy Administrator.
* * * * *
    Local FSA office means the FSA county office serving the area in 
which the FSA records are located for the farm or ranch.
* * * * *
    Nesting season means the nesting season for birds in the local area 
that are economically significant, in significant decline, or conserved 
in accordance with Federal or State law, as determined by the Deputy 
Administrator in consultation with the State technical

[[Page 42000]]

committee established as specified in part 610 of this title.
* * * * *
    Pastureland means grazing lands comprised of introduced or 
domesticated native forage species that are used primarily for the 
production of livestock. These lands receive periodic renovation and 
cultural treatments, such as tillage, aeration, fertilization, mowing, 
and weed control, and may be irrigated. This term does not include 
lands that are in rotation with crops.
* * * * *
    Rangeland means a land cover or use category with a climax or 
potential plant cover composed principally of native grasses, grass-
like plants, forbs, or shrubs suitable for grazing and browsing, and 
introduced forage species that are managed like rangeland. Rangeland 
includes lands re-vegetated naturally or artificially when routine 
management of that vegetation is accomplished mainly through 
manipulation of grazing. This term includes areas where introduced 
hardy and persistent grasses are planted and such practices as deferred 
grazing, burning, chaining, and rotational grazing are used with little 
or no chemicals or fertilizer being applied. Grassland, savannas, many 
wetlands, some deserts, and tundra are considered to be rangeland. 
Certain communities of low forbs and shrubs, such as mesquite, 
chaparral, mountain shrub, and pinyon juniper are also included as 
rangeland.
* * * * *
    Shrubland means land where the dominant plant species are shrubs, 
which are plants that are persistent, have woody stems, and a 
relatively low growth habit.
* * * * *
    Veteran farmer or rancher means a farmer or rancher who has served 
in the Armed Forces, as defined in 38 U.S.C. 101(10), and who either:
    (1) Has not operated a farm or ranch; or
    (2) Has operated a farm or ranch for not more than 10 years.
* * * * *

0
29. Revise Sec.  1410.4 to read as follows:


Sec.  1410.4  Maximum county acreage.

    (a) Except as provided in paragraph (b) of this section and certain 
shelterbelts, windbreaks, and wet and saturated soils enrolled under 
ACEP, the maximum cropland acreage that may be placed in the CRP and 
the wetland reserve easements of WRP and ACEP, as appropriate, may not 
exceed 25 percent of the total cropland in the county. No more than 10 
percent of the cropland in a county may be subject, in the aggregate, 
to a CRP or wetland reserve easement.
    (b) The restrictions in paragraph (a) of this section may be waived 
by the Deputy Administrator as follows:
    (1) If the Deputy Administrator determines that such action would 
not adversely affect the local economy of the county and that operators 
in the county are having difficulties complying with conservation plans 
implemented under part 12 of this title; or
    (2) Cropland in a county enrolled under provisions as specified in 
Sec.  1410.30 or Sec.  1410.50 may be excluded from the restrictions in 
paragraph (a) of this section, as determined by the Deputy 
Administrator, provided that the county government concurs.
    (c) These restrictions on participation are in addition to any 
other restriction imposed by law.


Sec.  1410.5  [Amended]

0
30. Amend Sec.  1410.5 as follows:
0
a. In paragraph (a)(2)(iii), remove the words ``are such that'';
0
b. Remove paragraph (b);
0
c. Redesignate paragraph (c) as paragraph (b); and
0
d. In newly redesignated paragraph (b), remove the words ``beginning or 
socially disadvantaged'' and add the words ``beginning, socially 
disadvantaged, or veteran'' in their place.

0
31. Amend Sec.  1410.6 as follows:
0
a. Revise paragraph (a)(1);
0
b. In paragraph (a)(2)(i), remove the words ``in a CREP for similar 
water quality purposes as determined by CCC'' and add the words ``under 
a Conservation Reserve Enhancement Program (CREP) agreement for similar 
water quality purposes as determined by the Deputy Administrator'' in 
their place;
0
c. Revise paragraph (a)(3);
0
d. Add paragraph (a)(4);
0
e. Remove paragraph (b)(2) and redesignate paragraphs (b)(3) through 
(10) as paragraphs (b)(2) through (9), respectively;
0
f. Revise newly designated paragraphs (b)(2) and (3);
0
g. In newly redesignated paragraph (b)(4), add the words ``as 
determined by the Deputy Administrator'' at the end;
0
h. In newly designated paragraph (b)(5), remove the word ``CCC'' each 
times it appears and add the words ``Deputy Administrator'' in its 
place;
0
i. Revise newly designated paragraph (b)(6);
0
j. Remove paragraphs (b)(11) and (12) and redesignate paragraph (b)(13) 
as paragraph (b)(10);
0
k. In newly designated paragraph (b)(10), remove the period at the end 
of the paragraph and add the words and punctuation ``; or'' in its 
place;
0
l. Add paragraph (b)(11);
0
m. Revise paragraph (c); and
0
n. Add paragraph (d).
    The revisions and additions read as follows:


Sec.  1410.6  Eligible land.

    (a) * * *
    (1) Cropland that is subject to a conservation plan and has been 
annually planted or considered planted, as defined in Sec.  1410.2, to 
an agricultural commodity in 4 of the 6 crop years from 2008 through 
2013, as determined by the Deputy Administrator, including field 
margins that are incidental to the planting of crops if:
    (i) Including such field margins is determined appropriate by the 
Deputy Administrator; and
    (ii) The field margins are physically and legally capable of being 
planted in a normal manner to an agricultural commodity, as determined 
by the Deputy Administrator; or
* * * * *
    (3) Acreage enrolled in CRP during the final year of the CRP 
contract, provided the scheduled expiration date of the current CRP 
contract is before the effective date the new CRP contract, as 
determined by the CCC; or
    (4) Grassland as specified in paragraph (c) of this section.
    (b) * * *
    (2) Be non-irrigated or irrigated cropland that would facilitate a 
net savings in groundwater or surface water of the agricultural 
operation of the producer, only as determined by, and only when 
specifically authorized by, the Deputy Administrator;
    (3) Be land in a portion of a field not enrolled in CRP, if either:
    (i) More than 50 percent of the remainder of the field is enrolled 
as a buffer or filterstrip practice; or
    (ii) More than 75 percent of the field is enrolled as a 
conservation practice other than a buffer or filterstrip; and
    (iii) With respect to both paragraphs (b)(3)(i) and (ii) of this 
section, the remainder portion of the field is determined to be 
infeasible to farm, as defined in Sec.  1410.2, and enrolled at an 
annual payment rate not to exceed the maximum annual calculated soil 
rental rate, as determined by the Deputy Administrator;
* * * * *
    (6) Be non-irrigated or irrigated cropland that produces or serves 
as the recharge area for saline seeps, or acreage that is functionally 
related to such saline seeps, or where a rising water table contributes 
to increased levels of

[[Page 42001]]

salinity at or near the ground surface, as determined by the Deputy 
Administrator;
* * * * *
    (11) Land that meets other continuous signup land eligibility 
criteria, as established by the Deputy Administrator.
    (c) For land to be eligible under a grassland signup as specified 
in Sec.  1410.30, the land must, as established by the Deputy 
Administrator:
    (1) Not be cropland or marginal pastureland at the time of 
enrollment as grassland. Land enrolled under an expiring CRP contract 
may be eligible to be re-enrolled as grassland during the final year of 
the CRP contract, provided the scheduled expiration date of the current 
CRP contract is the day before the effective date of the new CRP 
contract, and suitable grass, legume, forb or shrub covers predominate, 
and;
    (2) Be needed and suitable for enrollment as grassland following a 
determination that such land:
    (i) Contain forbs or shrubland, including improved rangeland and 
pastureland, for which grazing is the predominant use;
    (ii) Is located in an area historically dominated by grassland;
    (iii) Is able to provide habitat for animal and plant populations 
of significant ecological value if the land is retained in its current 
use or restored to a natural condition; and
    (iv) Meets other grassland signup land eligibility criteria as may 
be established by the Deputy Administrator.
    (d) Notwithstanding paragraphs (a), (b), and (c) of this section, 
land will be ineligible for enrollment if, as determined by the Deputy 
Administrator, the land is one of the following:
    (1) Federally-owned land, unless the applicant has a lease for the 
contract period;
    (2) Land on which the use of the land is either restricted through 
deed or other restriction prior to enrollment in CRP prohibiting the 
production of agricultural commodities, or requires any resource-
conserving measures, during any part of the proposed contract term;
    (3) Land already enrolled in the CRP, unless authorized by Sec.  
1410.6(a)(3), as determined by the Deputy Administrator;
    (4) Land for which Tribal, State, or other locals laws, ordinances, 
or other regulations require any resource conserving or environmental 
protection measures or practices and the owners or operators of such 
land have been notified in writing of such requirements; or
    (5) Land that is required to be used, or otherwise dedicated to 
mitigate actions undertaken, or planned to be undertaken, on other 
land, or to mitigate other actions taken by landowners or operators, as 
determined by the Deputy Administrator.

0
32. Revise Sec.  1410.7 to read as follows:


Sec.  1410.7  Duration of contracts.

    (a) Contracts with land devoted to hardwood trees, shelterbelts, 
windbreaks, or wildlife corridors will be for a term of 10 years to 15 
years, as requested by the applicant.
    (b) Other general and continuous signup contracts under this part 
will be for a term of 10 to 15 years, as determined by the Deputy 
Administrator.
    (c) Grassland signup contracts will be for a term of 15 years.
    (d) All contracts will expire on September 30 of the final calendar 
year of the contract.


Sec.  1410.8  [Amended]

0
33. Amend Sec.  1410.8 as follows:
0
a. In paragraph (b), remove the word ``CCC'' and add the words ``Deputy 
Administrator'' in its place and remove the number ``33'' and add the 
number ``25'' in its place;
0
b. In paragraph (d), introductory text, remove the word ``shall'' and 
add the word ``will'' in its place and add the words ``before 5 years'' 
at the end of the paragraph; and
0
c. In paragraph (d)(2), remove the word ``By'' and add the words ``As 
determined appropriate by'' in its place.


Sec.  1410.9  [Removed]

0
34. Remove Sec.  1410.9.

0
35. Revise Sec.  1410.10(a) to read as follows:


Sec.  1410.10  Restoration of wetlands.

    (a) An owner or operator who entered into a CRP contract on land 
that is suitable for restoration to wetlands or that was restored to 
wetlands while under such contract, may, if approved by the Deputy 
Administrator, subject to any restrictions as may be imposed by law, 
apply to transfer such acres that are devoted to an approved cover from 
CRP to a wetland reserve easement under WRP or ACEP, as appropriate. 
Transferred acreage will be terminated from CRP effective the day a WRP 
or ACEP wetland reserve easement is filed. Participants will receive a 
prorated CRP annual payment for the part of the year the acreage was 
enrolled in CRP as specified in Sec.  1410.42. Cost-share payments or 
applicable incentive payments need not be refunded unless specified by 
the Deputy Administrator.
* * * * *

0
36. Amend Sec.  1410.11 as follows:
0
a. In paragraph (b)(2), remove the words ``to receive flow from a row 
crop agricultural drainage system'' and add the words ``so as to 
receive surface and subsurface flow from row crop agricultural 
production'' in their place; and
0
b. Revise paragraph (d) introductory text.
    The revision reads as follows:


Sec.  1410.11  Farmable Wetlands Program.

* * * * *
    (d) Total enrollment in CRP under this section may not exceed 
750,000 acres. In addition, the maximum size of land enrolled under 
this section may not exceed, as determined by the Deputy Administrator:
* * * * *


Sec.  1410.12  [Removed]

0
37. Remove Sec.  1410.12.

0
38. Add Sec.  1410.13 to read as follows:


Sec.  1410.13  Grassland enrollments.

    (a) Land may be enrolled in CRP under grassland signup as specified 
in Sec. Sec.  1410.6, 1410.30, and 1410.31. Eligible grassland includes 
grassland that was previously enrolled in the Grassland Reserve 
Program, as specified in part 1415 of this chapter.
    (b) Grassland enrollments will generally be administered under all 
the provisions of this part, except where specific provisions apply 
only to grassland enrollments.
    (c) Grassland enrolled in CRP is eligible for the Transition 
Incentives Program as specified in Sec.  1410.64.
    (d) Grassland previously enrolled in rental contracts under terms 
of the Grassland Reserve Program specified in part 1415 of this chapter 
will continue to be subject to the provisions of those contracts.

0
39. Amend Sec.  1410.22 as follows:
0
a. Revise paragraphs (a) and (b);
0
b. In paragraph (c), remove the word ``shall'' and add the words ``or 
forest stewardship plan must'' in its place; and
0
c. Revise paragraph (f).
    The revisions read as follows:


Sec.  1410.22  CRP conservation plan.

    (a) The producer must obtain a CRP conservation plan that complies 
with CCC guidelines and is approved by the conservation district for 
the land to be entered in CRP. If the conservation district declines to 
review the CRP conservation plan, or disapproves the conservation plan, 
such approval may be waived by the Deputy Administrator.

[[Page 42002]]

    (b) The practices and management activities included in the CRP 
conservation plan and agreed to by the participant must cost-
effectively reduce erosion necessary to maintain the productive 
capability of the soil, improve water quality, protect wildlife or 
wetlands, protect a public well head, improve grassland, or achieve 
other environmental benefits as applicable. The producer must undertake 
management activities on the land as needed throughout the term of the 
CRP contract to implement the conservation plan.
* * * * *
    (f) For general signup and continuous signup contracts except 
grasslands, mid-contract management must be conducted to implement 
management activities, such as disking and prescribed burning according 
to an approved conservation plan, as part of the CRP contractual 
obligation on all contracts entered into under general signup and 
continuous signup, as specified in Sec.  1410.30.


Sec.  1410.23  [Amended]

0
40. Amend Sec.  1410.23 as follows:
0
a. In paragraph (a)(1), remove the words ``and permanent wildlife 
habitat'' and add the words ``permanent wildlife habitat, and grassland 
improvements'' in their place;
0
b. In paragraph (a)(3), remove the words ``the program'' and add the 
word ``CRP'' in their place; and
0
c. In paragraph (b), remove the word ``aquiculture'' and add the word 
``aquaculture'' in its place.

0
41. Revise Sec.  1410.30 to read as follows:


Sec.  1410.30  Signup.

    (a) Offers for contracts may be submitted only during signup 
periods as announced periodically by the Deputy Administrator, except 
that CCC may hold a continuous signup for land to be devoted to 
particular uses, as CCC deems necessary. Generally, continuous signup 
is limited to those offers that provide appropriate environmental 
benefits, as determined by the Deputy Administrator, or that would 
otherwise rank highly under Sec.  1410.31(b) and include high priority 
practices such as filter strips, riparian buffers, shelterbelts, field 
windbreaks, living snow fences, grass waterways, shallow water areas 
for wildlife, salt-tolerant vegetation, and practices to benefit 
certain approved public wellhead protection areas.
    (b) Grassland signups will be conducted year-round with periodic 
ranking periods, as determined by the Deputy Administrator. The 
eligible offers that rank the highest according to the environmental 
benefits ranking plan established under Sec.  1410.31(e), as determined 
by the Deputy Administrator, will be accepted, provided sufficient 
acres and funds are available.

0
42. Amend Sec.  1410.31 as follows:
0
a. In paragraphs (a), (b) introductory text, (b)(7), and (d) 
introductory text and (d)(3), remove the words ``the program'' each 
time they appear and add the word ``CRP'' in their place; and
0
b. Add paragraphs (e) and (f).
    The additions read as follows:


Sec.  1410.31  Acceptability of offers.

* * * * *
    (e) Grassland signup offers will be periodically batched, 
evaluated, and ranked on a competitive basis in which the offers 
selected will be those where the greatest environmental benefits 
relative to cost are generated, as determined by the Deputy 
Administrator, and further provided that:
    (1) The offered land is eligible under Sec. Sec.  1410.4 and 
1410.6, as determined by the Deputy Administrator;
    (2) The producer is eligible under Sec.  1410.5;
    (3) The producer accepts either the maximum payment rate the Deputy 
Administrator is willing to offer to enroll the acreage in CRP, or a 
lesser rate; and
    (4) The offer ranks above the minimum ranking level applicable to 
each ranking period needed for offer acceptance, as determined by the 
Deputy Administrator.
    (5) Notwithstanding the preceding, acceptance or rejection of any 
grassland signup offers will be in the sole discretion of the Deputy 
Administrator and offers may be rejected for any reason as determined 
necessary and appropriate to accomplish the goals of CRP.
    (f) In ranking and evaluating grassland signup offers, different 
factors, as determined by the Deputy Administrator, may be considered 
from time to time for priority purposes to accomplish the goals of CRP. 
Such factors may include, but are not limited to:
    (1) Existence of expiring CRP or Grassland Reserve Program land;
    (2) Existing grassland;
    (3) Multi-species cover existence and predominance of native 
species;
    (4) Livestock grazing operation;
    (5) State priority enrollment criteria (non-land based) and State 
Focus Area (land-based) determined in consultation with State Technical 
Committee;
    (6) Whether the applicant is an eligible beginning, veteran, or 
socially disadvantaged farmer or rancher; and
    (7) Other factors as determined by the Deputy Administrator.

0
43. Amend Sec.  1410.32 by revising paragraphs (c)(2), (f)(7), (g), and 
(h) to read as follows:


Sec.  1410.32  CRP contracts.

* * * * *
    (c) * * *
    (2) An offer to enroll land in CRP will be irrevocable for such 
period as is determined and announced by the Deputy Administrator. The 
producer will be liable to CCC for liquidated damages if the applicant 
revokes an offer during the period in which the offer is irrevocable, 
as determined by the Deputy Administrator. The Deputy Administrator may 
waive payment of such liquidated damages, if the Deputy Administrator 
determines that the assessment of such damages, in a particular case, 
is not in the best interest of CCC and CRP.
* * * * *
    (f) * * *
    (7) The Deputy Administrator determines that such a termination is 
needed in the public interest, or is otherwise necessary and 
appropriate to further the goals of CRP.
    (g) Except as allowed and approved by the Deputy Administrator, 
where the new owner of land enrolled in CRP is a Federal agency that 
agrees to abide by the terms and conditions of the terminated contract, 
the participant in a contract that has been terminated must refund all 
or part of the payments made with respect to the contract plus 
interest, as determined by the Deputy Administrator, and must pay 
liquidated damages as provided for in the contract. The Deputy 
Administrator may permit the amount to be repaid to be reduced to the 
extent that such a reduction will not impair the purposes of CRP. 
Further, a refund of all payments need not be required from a 
participant who is otherwise in full compliance with the CRP contract 
when the land is purchased by or for the United States, as determined 
by the Deputy Administrator.
    (h) During the final year of the CRP contract's term, the 
participants on a CRP contract will not be in violation of the terms of 
the contract if both the following are met:
    (1) During the final year of the contract the land is enrolled in 
the Conservation Stewardship Program, and such enrollment is reported 
promptly to the Deputy Administrator; and
    (2) The land management and conservation practice measures that are

[[Page 42003]]

conducted under the Conservation Stewardship Program are not in 
violation of the approved CRP conservation plan and are otherwise 
consistent with this part, as determined by the Deputy Administrator.

0
44. Amend Sec.  1410.33 as follows:
0
a. In paragraph (a)(4), remove the words ``beginning or socially 
disadvantaged'' and add the words ``beginning, socially disadvantaged, 
or veteran'' in their place; and
0
b. Add paragraphs (e) and (f).
    The additions read as follows:


Sec.  1410.33  Contract modifications.

* * * * *
    (e) CCC may terminate or modify a CRP contract when the land is 
transferred into WRP, ACEP, or other Federal or State programs, as 
determined by the Deputy Administrator.
    (1) For contracts terminated or modified for enrollment in other 
Federal or State programs, participants will not be required to repay 
CRP payments or pay interest and liquidated damages to CCC, as 
otherwise required for contract violations under Sec.  1410.52, unless 
determined otherwise by the Deputy Administrator, with the following 
exception:
    (2) Participants will be required to repay CRP Signing Incentive 
Payments and Practice Incentive Payments if land containing a wetland 
reserve easement is enrolled in ACEP.
    (f) During the final year of the CRP contract's term, CCC will 
allow an owner or operator to make conservation and land improvements 
(resource conserving uses) for economic use that facilitate maintaining 
protection of enrolled land after expiration of the contract, but only 
under the following conditions:
    (1) All provisions are identified in an approved CRP conservation 
plan;
    (2) Land improved in accordance with paragraph (f) of this section 
will not be eligible to be re-enrolled in CRP for 5 years after the 
date of the expiration or termination of the contract; and
    (3) CCC will reduce the final annual rental payment otherwise 
payable under the contract by an amount commensurate with the economic 
value of the resource conserving use activity carried out.


Sec.  1410.40  [Amended]

0
45. Amend Sec.  1410.40 as follows:
0
a. In paragraph (a), remove the word ``shall'' and add the word 
``will'' in its place and remove the word ``CCC'' and add the words 
``the Deputy Administrator'' in its place;
0
b. In paragraph (d)(1), remove the words ``wellheads; and'' and add the 
words ``wellheads, grassland improvement, or other conservation 
measures, as determined by the Deputy Administrator; and'' in their 
place; and
0
c. In paragraphs (e) and (f), remove the word ``shall'' each time it 
appears and add the word ``will'' in its place.
0
46. Amend Sec.  1410.41 by revising paragraph (a) to read as follows:


Sec.  1410.41  Levels and rates for cost share payments.

    (a) As determined by the Deputy Administrator, CCC will not pay 
more than 50 percent of the actual or average cost of establishing 
eligible practices specified in the conservation plan. CCC may allow 
cost-share payments for maintenance costs, consistent with the 
provisions of Sec.  1410.40 and the Deputy Administrator may determine 
the period and amount of such cost-share payments.
* * * * *

0
47. Amend Sec.  1410.42 as follows:
0
a. Revise paragraphs (b) and (f) introductory text;
0
b. In paragraphs (c) and (e), remove the word ``shall'' each time it 
appears and add the word ``will'' in its place; and
0
c. Add paragraph (h).
    The revisions and addition read as follows:


Sec.  1410.42  Annual rental payments.

* * * * *
    (b) Annual rental payments per acre include a payment based on a 
weighted average soil rental rate, marginal pastureland rental rate, or 
grassland rate, as appropriate, and an incentive payment as a portion 
of the annual payment for certain practices, as determined by the 
Deputy Administrator. In addition, a national maximum annual rental 
payment rate may also be established by the Deputy Administrator for 
certain categories of CRP offers and contracts.
* * * * *
    (f) The Deputy Administrator will prepare a schedule for each 
county that shows the maximum soil rental rate CCC may pay which may be 
supplemented to reflect special contract requirements. As determined by 
the Deputy Administrator, such schedule will be calculated for cropland 
based on the relative productivity of soils within the county using 
NRCS data and local FSA average cash rental estimates. For marginal 
pastureland, rental rates will be based on estimates of the prevailing 
rental values of marginal pastureland in riparian areas. Grassland 
rental rates will be based on not more than 75 percent of the estimated 
grazing value of the land. The schedule will be available in the local 
FSA office and, as determined by the Deputy Administrator, will 
indicate, when appropriate, that:
* * * * *
    (h) CCC may make tree thinning incentive payments to owners and 
operators of enrolled land in an amount sufficient to encourage proper 
tree thinning and other practices to improve the condition of 
resources, promote forest management, or enhance wildlife habitat on 
the land, as determined by the Deputy Administrator. Incentive payments 
for tree thinning and other tree stand practices will:
    (1) Not exceed 150 percent of the total cost of the practice, as 
determined by the Deputy Administrator; and
    (2) Only be available for practices outlined in the tree planting 
plan under the approved CRP conservation plan.

0
48. Revise Sec.  1410.44 to read as follows:


Sec.  1410.44  Average adjusted gross income.

    (a) Benefits under this part will not be available to persons or 
legal entities whose average adjusted gross income exceeds $900,000 for 
the 3 taxable years preceding the most immediately preceding complete 
taxable year, or who otherwise do not meet the AGI requirements 
specified in part 1400 of this chapter.
    (b) [Reserved]

0
49. Amend Sec.  1410.52 as follows:
0
a. In paragraph (a)(2)(i), add a comma after the word ``contract'', and 
remove the word ``together''; and
0
b. Revise paragraph (c).
    The revision reads as follows:


Sec.  1410.52  Violations.

* * * * *
    (c) The Deputy Administrator may reduce a demand for a refund under 
this section to the extent the Deputy Administrator determines that 
such relief would be appropriate and will not deter the accomplishment 
of the goals of CRP.
* * * * *

0
50. Revise Sec.  1410.53 to read as follows:


Sec.  1410.53  Executed CRP contract not in conformity with the 
regulations.

    (a) If, after a CRP contract is approved by CCC, it is discovered 
that such CRP contract is found to contain material errors of fact or 
is not in conformity with this part, these regulations will prevail, 
and the Deputy Administrator may, at his or her sole discretion, 
terminate or modify the CRP contract,

[[Page 42004]]

effective immediately or at a later date as the Deputy Administrator 
determines appropriate.
    (b) [Reserved]

0
51. Amend Sec.  1410.62 by revising paragraph (g) to read as follows:


Sec.  1410.62  Miscellaneous.

* * * * *
    (g) As determined by the Deputy Administrator, incentives may be 
authorized to foster opportunities for Indian tribes and beginning, 
limited resource, socially disadvantaged, and veteran farmers and 
ranchers, and to enhance long-term environmental goals.
* * * * *

0
52. Amend Sec.  1410.63 as follows:
0
a. In paragraph (b)(2), add the word ``and'' at the end;
0
b. In paragraph (b)(3), remove the words ``plan; and'' and add the word 
and punctuation ``plan.'' in their place;
0
c. Remove paragraph (b)(4);
0
d. Revise paragraph (c); and
0
e. Add paragraphs (d) and (e).
    The revisions and additions read as follows:


Sec.  1410.63  Permissive uses.

* * * * *
    (c) No barrier fencing or boundary limitations that prohibit 
wildlife access to or from the CRP acreage are allowed as part of any 
permissive use, unless required by State law.
    (d) The following activities may be permitted, as determined by the 
Deputy Administrator, on CRP enrolled land insofar as they are 
consistent with the conservation purposes of CRP including timing, 
frequency, and duration as provided in an approved CRP conservation 
plan that identifies appropriate vegetative management requirements:
    (1) Managed harvesting and other commercial uses, including managed 
harvesting of biomass, but only in exchange for a payment reduction of 
not less than 25 percent as determined by the Deputy Administrator, and 
only in accordance with vegetative management requirements, harvest 
period, and a harvest frequency developed in coordination with the 
State Technical committee and timing of harvesting activities outside 
the nesting season at least every 5 years, but not more than once every 
3 years, and only as identified in an approved CRP conservation plan;
    (2) Routine grazing in accordance with appropriate vegetative 
management requirements and stocking rates for the land, grazing 
frequency, and grazing periods outside the nesting season developed in 
coordination with the State Technical Committee, of not more than once 
every 2 years, and only as identified in an approved CRP conservation 
plan. Routine grazing will only be permitted in exchange for a payment 
reduction of not less than 25 percent, as determined by the Deputy 
Administrator, except that a beginning farmer or rancher may conduct 
routine grazing without payment reduction;
    (3) Prescribed grazing for the control of invasive species in 
accordance with appropriate vegetative management requirements and 
stocking rates for the land, grazing frequency, and grazing periods 
outside the nesting season, and only as identified in an approved CRP 
conservation plan. Prescribed grazing will only be permitted in 
exchange for a payment reduction of not less than 25 percent, as 
determined by the Deputy Administrator, except that a beginning farmer 
or rancher may conduct prescribed grazing by without payment reduction;
    (4) Harvesting, grazing, or other commercial use of the forage on 
the land in response to a drought, flooding, or other emergency, 
consistent with an approved CRP conservation plan;
    (5) Wind turbines on CRP land installed in numbers and locations as 
determined appropriate by the Deputy Administrator considering the 
location, size, and other physical characteristics of the land, the 
extent to which the land contains threatened or endangered wildlife and 
wildlife habitat, and the purposes of CRP, but only in exchange for a 
payment reduction as determined by the Deputy Administrator;
    (6) Spot grazing, if necessary for control of weed infestation, and 
not to exceed a 30-day period according to an approved conservation 
plan, but only in exchange for a payment reduction as determined by the 
Deputy Administrator;
    (7) Intermittent and seasonal use of vegetative buffer practices 
incidental to agricultural production on lands adjacent to the buffer 
such that the permitted use does not destroy the permanent vegetative 
cover, as determined by the Deputy Administrator, only as identified in 
an approved CRP conservation plan, and in exchange for a payment 
reduction of not less than 25 percent;
    (8) The sale of carbon, water quality, or environmental credits, as 
determined appropriate by CCC;
    (9) When enrolled land is established to tree planting practices or 
otherwise converted to forestry uses, customary forestry activities are 
authorized such as, but not limited to, thinning and prescribed 
burning, in a manner consistent with the participant's conservation 
plan. Such activities must be designed to promote forest health, 
enhance wildlife habitat, and improve the general resource conditions 
of enrolled lands. An incentive payment is authorized as specified in 
Sec.  1410.42(h).
    (e) For land enrolled under a grassland signup type as authorized 
by Sec.  1410.30(b) only, the following activities may also be 
permitted, as determined by the Deputy Administrator:
    (1) Common grazing practices, including maintenance and necessary 
cultural practices, on the land in a manner that is consistent with 
maintaining the viability of grassland, forb, and shrub species 
appropriate to the locality;
    (2) Haying, mowing, or harvesting for seed production subject to 
appropriate restrictions during the nesting season;
    (3) Fire pre-suppression, fire-related rehabilitation, and 
construction of firebreaks;
    (4) Grazing related activities, such as fencing and livestock 
watering facilities; and
    (5) Other activities as determined by the Deputy Administrator, 
when the manner, number, intensity, location, operation, and other 
features associated with the activity will not adversely affect the 
grassland resources or related conservation values protected under a 
grassland CRP contract.

0
53. Amend Sec.  1410.64 as follows:
0
a. Revise paragraphs (a) introductory text, (a)(2), and (a)(6);
0
b. In paragraphs (a)(4), (a)(5), (b) introductory text and (b)(1), (c), 
(d), and (e), remove the words ``beginning or'' each time they appear 
and add the words ``beginning, veteran, or'' in their place;
0
a. Revise paragraph (f); and
0
c. Remove paragraph (g).
    The revisions read as follows:


Sec.  1410.64  Transition Incentives Program.

    (a) To be eligible for the Transition Incentives Program, the 
retired or retiring owner or operator must:
* * * * *
    (2) Sell or lease (under a qualifying irrevocable lease of at least 
5 years in length) expiring CRP land to a beginning, veteran, or 
socially disadvantaged farmer or rancher who will return some or all of 
the land to production using sustainable grazing or crop production 
methods;
* * * * *
    (6) Allow the beginning, veteran, or socially disadvantaged farmer 
or rancher to install conservation practices and initiate land 
improvements, including preparing to plant a crop, that

[[Page 42005]]

are consistent with the conservation plan during the last year of the 
contract.
* * * * *
    (f) The eligible retired or retiring owner or operator and the 
eligible beginning, veteran, or socially disadvantaged farmer or 
rancher must agree to be jointly and severally responsible for 
complying with both the provisions of the Transition Incentives Program 
agreement and the provisions of this part, and must also agree to be 
jointly and severally responsible for any payment adjustments that may 
result from violations of the terms or conditions of the Transition 
Incentives Program agreement or this part.


Sec. Sec.  1410.1, 1410.2, 1410.3, 1410.6, 1410.8, 1410.10, 1410.11, 
1410.22, 1410.32, 1410.33, 1410.40, 1410.41, 1410.43, 1410.50, 1410.51, 
1410.60, 1410.61, and 1410.62  [Amended]

0
54. In addition to the amendments set forth above, in 7 CFR part 1410, 
remove the word ``CCC'' each time it appears and add the words ``the 
Deputy Administrator'' in its place, in the following places:
0
a. In Sec.  1410.1(g), (h), and (i);
0
b. In Sec.  1410.2, in the definitions of ``Agricultural commodity'', 
``Commercial pond-raised aquaculture facility'', ``Field'', ``Field 
windbreak, shelterbelt, and/or living snowfence'', ``Offer'', 
``Offeror'', ``Operator'', ``Perennial crop'', and ``Technical 
assistance'';
0
c. In Sec.  1410.3(b) and (d);
0
d. In Sec.  1410.6(a)(2);
0
e. In Sec.  1410.8(a);
0
f. In Sec.  1410.10(b);
0
g. In Sec.  1410.11(b) introductory text, (b)(1), (e), and (g);
0
h. In Sec.  1410.22(e);
0
i. In Sec.  1410.32(b)(3), (d) introductory text, and (f)(2);
0
j. In Sec.  1410.33(d);
0
k. In Sec.  1410.40(b) and (g);
0
l. In Sec.  1410.41(b) and (c);
0
m. In Sec.  1410.43;
0
n. In Sec.  1410.50(a);
0
o. In Sec.  1410.51(a)(1) and (c);
0
p. In Sec.  1410.60(a);
0
q. In Sec.  1410.61; and
0
r. In Sec.  1410.62(h).

Val Dolcini,
Administrator, Farm Service Agency, and Executive Vice President, 
Commodity Credit Corporation.
[FR Doc. 2015-17317 Filed 7-15-15; 8:45 am]
BILLING CODE 3410-05-P