[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Notices]
[Pages 10080-10085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03278]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

[Docket No. NRCS-2021-0007]


Response to Western Water Quantity (WWQ) Listening Session

AGENCY: Natural Resources Conservation Service, USDA.

ACTION: Notice.

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SUMMARY: The Natural Resources Conservation Service (NRCS) hosted a 
virtual, open, public listening session,

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on December 17, 2020, with remote participation only, for public input 
about water quantity in the western United States as it relates to 
existing NRCS programs. NRCS provided stakeholders both an opportunity 
to give oral testimony during the listening session and a 30-day public 
comment period for additional input. NRCS received comments from 66 
stakeholders, including representatives from national organizations, 
individuals or organizations from 13 western States, and one Indian 
Tribe. This notice responds to comments received during the listening 
session and the subsequent public comment period, which closed on 
January 19, 2021, and identifies the actions that NRCS has taken and 
will be taking in the months ahead.

FOR FURTHER INFORMATION CONTACT: Martha Joseph; phone: (814) 203-5562; 
email: [email protected]. Persons with disabilities who require 
alternative means for communication should contact the USDA Target 
Center at (202) 720-2600 (voice).

SUPPLEMENTARY INFORMATION:

Background

    On December 17, 2020, NRCS hosted a virtual, open, public listening 
session, with remote participation only, for public input about water 
quantity in the western United States as it relates to existing NRCS 
programs. NRCS provided stakeholders both an opportunity to give oral 
testimony during the listening session and a 30-day public comment 
period for additional input. NRCS requested input about the challenges, 
needed breakthroughs, and priorities, and identified that it would 
consider this information in its evaluation of existing programs and 
efforts to position these programs to achieve positive outcomes.
    NRCS is taking this opportunity to provide a summary of the 
comments it received, responses to questions and comments made, and 
describe the actions NRCS is currently taking. In particular, NRCS 
charged its State Conservationists to work with its stakeholders to 
identify the priority water quantity issues in their State, the current 
agency response to addressing them, and the key barriers, challenges, 
or gaps that stakeholders may be able to help fill. NRCS evaluated this 
information to develop western water quantity strategies through a 
framework for conservation.

Discussion of WWQ Comments

    The Federal Register notice for the WWQ listening session, which 
was published on December 3, 2020 (85 FR 78114-78115), included a 30-
day comment period that ended January 19, 2021. NRCS received comments 
from 66 stakeholders, including representatives from national 
organizations, individuals, or organizations from 13 western States, 
and one Indian Tribe. These organizations represented State and 
national conservation partners, State and local governments, one 
Federal agency, one Tribal government, NGOs, and several individuals. 
NRCS received comments as follows:
     40 speakers provided testimony during the listening 
session; 12 of these speakers also sent in written comments during the 
comment period; and
     26 additional commenters provided written comments outside 
of the listening session.
    NRCS did not receive any comments from Missouri River Basin States. 
Additionally, while most of the 574 Federally-recognized Indian Tribes, 
including Alaska Native Corporations, are in the West, NRCS only 
received one comment from an Indian Tribe. NRCS has identified this as 
a particular area of concern to increase its outreach specific to 
assistance for water resources.
    The Federal Register notice for the Public Listening Session 
encouraged the stakeholders to provide feedback on any of the following 
questions:
    1. For agricultural producers: What is your most pressing water 
related issue that may constrain or currently constrains your 
operations?
    Response: Overall, NRCS received responses from producer groups 
which represent thousands of producers and individual producers. These 
producer groups expressed interest in a range of topics, but surface 
water availability and water rights spurred the most interest. The 
topics of groundwater, interagency collaboration, locally-led 
conservation, climate and weather variability, funding, irrigation, 
programs, soil health, and wildlife habitat were each mentioned.
    2. For non-producers and organizations: What is your most pressing 
water related issue that is needed by the agricultural community you 
assist?
    Response: While these comments spanned the complete range of 
administrative and natural resource topics, there was significant 
interest around funding, NRCS standards and specifications, interagency 
collaboration, and program eligibility. Other areas of particular 
interest included: irrigation; climate and weather variability; 
groundwater; locally-led conservation; related water quality issues; 
planning assistance; and surface water.
    3. For producers and organizations: What is your most pressing 
water related issue with which NRCS can help you through a technical or 
financial assistance program or through facilitating and engaging in a 
collaboration or partnership?
    Response: The comments identified that groundwater, irrigation, 
climate and weather variability, and surface water were the most 
pressing water-related natural resource issues for which NRCS could 
provide assistance. The comments also identified related water quality 
issues, water rights, wildlife habitat, soil health, source water, 
aquifer recharge, and snow survey and water supply forecasting as 
issues with which NRCS could provide assistance.
    4. How can NRCS best coordinate with other Federal, State, and 
local efforts to address water related issues?
    Response: NRCS received significant interest for greater 
interagency collaboration and coordination, particularly with respect 
to implementation under the National Environmental Policy Act (NEPA). 
NRCS received comments that focused specifically on interagency 
coordination in Oregon, which recommended an interagency working group.
    5. How can State Technical Committees assist in addressing your 
most pressing water related issues?
    Response: NRCS received comments identifying the State Technical 
Committees in three topic areas: locally-led conservation, ground 
water, and source water. These comments broadly sought realignment of 
State Technical Committee priorities to favor practices that increase 
water use efficiency, reduce evapotranspiration loss, and the use of 
cover crops to address groundwater supply and aquifer recharge. Some 
comments focused on nursery and container operations. A recommendation 
was made that representatives from water utilities be on the State 
Technical Committees.
    6. What additional issues do you confront about which NRCS should 
have awareness?
    Response: NRCS received comments identifying issues associated with 
cloud-seeding, increased partnerships with drinking water utilities, 
and whether NRCS can play a role in the retirement of water rights. The 
comments recommended that NRCS be given additional authority to engage 
with the Department of the Interior's Bureau of Reclamation (BOR) and 
the Department of the Army's Corps of Engineers to support and 
complement their programs to promote water conservation and increased 
water use efficiency.

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Comments Summarized by Topic

    In this notice, the comments have been organized and summarized 
alphabetically by topic. The topics include aquifer recharge, climate 
and weather variability, funding, general comments, groundwater, 
initiatives, interagency coordination, irrigation, locally-led 
conservation, NRCS standards and specifications, planning assistance, 
program eligibility, related water quality issues, snow survey and 
water supply forecasting, soil health, source water, water rights, and 
wildlife habitat.

Aquifer Recharge

    Comment: Comments related to aquifer recharge focused on the 
Ogallala aquifer and made calls for increased funding for efforts to 
conserve in this area.
    Response: NRCS is supporting innovative technology for aquifer and 
groundwater recharge through two interim conservation practice 
standards, Managed Aquifer Recharge, and Groundwater Recharge Basin or 
Trench. NRCS--California will evaluate their effectiveness as part of 
their fiscal year (FY) 2022 conservation program delivery. Through the 
new framework for conservation, NRCS has identified strategies that 
land owners and managers can take, and assistance they may receive, to 
reduce groundwater withdrawals and support aquifer recharge.

Climate and Weather Variability

    Comment: Comments expressed concern about how weather variability 
is causing their livestock and crops to suffer, harming their bottom 
lines, creating discontent, and causing litigation between neighbors. 
The comments requested additional research and solutions for addressing 
climate change, specifically in terms of adaptation, such as cloud 
seeding, reduced water use, runoff control, stormwater collection, and 
aquifer recharge. The comments also supported mitigation efforts, such 
as carbon sequestration.
    Response: NRCS helps farmers and ranchers understand the 
vulnerabilities of natural resources that changing climatic conditions 
exacerbate. NRCS provides financial and technical assistance to improve 
conservation of natural resources for the benefit of the production 
system and surrounding landscape. NRCS also focuses on information 
delivery and assistance to producers and landowners to increase 
conservation practices on private lands that help agricultural 
operations and their communities build resilience to variable climatic 
conditions and extreme weather. Many of these same practices also 
provide opportunities to sequester carbon or reduce greenhouse gas 
emissions. Categories of conservation practices for climate smart 
agriculture and forestry include soil health, nitrogen management, 
grazing and pastures, agroforestry, forestry, and upland wildlife 
habitat.

Funding

    Comment: A wide range of comments related to funding. Most comments 
can be summarized as requests to fund repairs or improvements to aging 
infrastructure. Comments also related to the types or rates for NRCS 
payments, such as funding for practices that maintain streamflow and 
use of local economic analysis when establishing payment rates. There 
were recommendations that NRCS provide financial incentives for 
incorporating voluntary, rotational fallowing with cover crop to 
support basin-wide water conservation, including developing financial 
incentives that adequately compensate for the costs of taking land out 
of production on a temporary or longer rotation to conserve water.
    Response: NRCS will continue to improve its outreach efforts to 
ensure producers in local areas are aware of their options. NRCS has a 
variety of programs that are used to address aging infrastructure, 
including Watershed and Flood Prevention Operations, the Watershed 
Rehabilitation Program, the Regional Conservation Partnership Program, 
and the Environmental Quality Incentives Program (EQIP).
    The Infrastructure Investment and Jobs Act also known as ``the 
Bipartisan Infrastructure Law'' (BIL), Public Law 117-58, see Division 
J, Title I) provides $918 million for implementation of projects 
through NRCS watershed programs. In particular, BIL provides $500 
million for the Watershed and Flood Prevention Operations Program, 
which helps entities of state, local, and Tribal governments (project 
sponsors) protect and restore watersheds up to 250,000 acres by 
cooperating with them to plan and install projects for a range of 
water-related purposes including rural, municipal, and industrial water 
supply, and use and disposal of water. BIL also provides $118 million 
for the Watershed Rehabilitation Program, which helps project sponsors 
rehabilitate aging dams constructed with NRCS assistance. Finally, BIL 
provides $300 million for the Emergency Watersheds Program to address 
impairment to watersheds caused by natural disasters such as floods, 
drought, and wildfires.
    Through the Regional Conservation Partnership Program, NRCS co-
invests in public-private partnerships to expand collective 
conservation efforts to address drought, poor water quality, and other 
natural resource concerns. Eligible farmers and ranchers located in an 
EQIP priority area for the WaterSMART Initiative (WSI) are 
automatically ranked for funding improvements to managing soil 
moisture, irrigation water use efficiency, and protecting irrigation 
water sources from depletion. These targeted EQIP-WSI investments are 
coordinated with investments made by the BOR's WSI Program in water 
conservation and drought resilience projects carried out by water 
suppliers in the same area.

General Comments

    Comment: Several comments expressed general support for NRCS 
activities and suggested that NRCS should do more to address water 
quantity issues in the West.
    Response: NRCS appreciates the feedback. NRCS has developed western 
water quantity strategies through its framework for conservation and is 
currently rolling out guidance for implementing them. NRCS charged its 
State Conservationists to work with its stakeholders to identify the 
priority water quantity and related issues in their state, the current 
agency response to addressing them, and the key barriers, challenges, 
or gaps that stakeholders may be able to help fill. These issues, 
actions, and needs have been evaluated by NRCS subject matter experts 
and NRCS will share its findings resulting from this evaluation in its 
new framework.

Groundwater

    Comment: Comments acknowledged that NRCS programs currently address 
groundwater protection but recommend that NRCS should increase program 
funding and partnership input on setting priorities.
    Response: State Technical Committees, including local work groups, 
provide NRCS an avenue for direct stakeholder input to each State 
Conservationist, and NRCS strives to be responsive to stakeholder 
input. Through its framework for conservation action with respect to 
western water quantity and related issues, NRCS encourages stakeholders 
to continue to engage with local workgroups and State Technical 
Committees to identify priorities, such as groundwater depletion, to 
target with NRCS programs, funding, and activities.

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Initiatives

    Comment: Comments recommended that the agency develop a specific 
program or targeted funding effort that focuses funding for groundwater 
depletion in the western region where applicants compete only against 
other groundwater projects.
    Response: NRCS acknowledges the suggestion to target funds 
specifically towards addressing groundwater depletion in the western 
region. NRCS currently has multiple initiatives in-place that address 
the complex challenges of preventing groundwater depletion across a 
vast region. These include the WaterSMART initiative, National Water 
Quality Initiative (expanded in FY 2019 to include source water 
protection), and others. NRCS believes that an additional program 
initiative could create undue complexity and reduce state-level 
flexibility.

Inter-Agency Coordination

    Comment: Comments about inter-agency coordination related to 
overall coordination of activities, including comments recommending 
that NRCS coordinate its program implementation with other Federal 
agencies, especially BOR.
    Response: NRCS has long recognized the importance of Federal agency 
coordination on water quantity and related issues, and USDA is a member 
of the Water Subcabinet, the Drought Resilience Interagency Working 
Group, has a liaison to the Western States Federal Agency Support Team 
(WestFAST) of the Western States Water Council (WSWC) of the Western 
Governors' Association, and is permanent co-chair of the National 
Drought Resilience Partnership. NRCS and the United States Army Corps 
of Engineers (USACE) recently renewed their agreement to coordinate on 
infrastructure projects and natural resources conservation in 
watersheds to benefit communities across the landscape. NRCS 
facilitates coordination of its program delivery in each State with 
other federal agencies through its State Technical Committee meetings. 
Additionally, NRCS participates in meetings held by other Federal or 
State agencies to ensure that there is high level coordination between 
the State and regional agency heads of other resource agencies and the 
broader State Conservation partnership.

Irrigation

    Comment: There were multiple comments supporting current efforts 
from NRCS to address irrigation issues in the West. Several 
stakeholders requested financial assistance for aging infrastructure 
such as conveyance systems, municipal and industrial water supplies, 
and recreational areas. Comments requested that NRCS and other Federal 
agencies align their timelines more closely. Comments referred directly 
to irrigation efficiency and recommended the adoption of advanced 
conservation technology.
    Response: NRCS has several programs that help support the repair or 
replacement of aging water infrastructure, including through the EQIP 
assistance to water management entities, the Regional Conservation 
Partnership Program Alternative Funding Arrangements, and the Watershed 
Rehabilitation Program under Watershed Operations. NRCS coordinates the 
assistance available through these programs, targeting different 
aspects of surface water and conveyance systems. Further, NRCS field 
offices work with producers on a daily basis to assist them with 
increasing their irrigation efficiency. Irrigation efficiency is 
addressed by almost every irrigation-related conservation practice 
available to our producers.
    NRCS furthers the availability of innovative and advanced 
conservation technologies through an appropriate vetting process to 
ensure that producers receive a technically sound and operation-
appropriate system. NRCS encourages innovators to consider applying for 
funding opportunities through Conservation Innovation Grants and On-
Field Conservation Innovation Trials authorized under the Agriculture 
Improvement Act of 2018 (2018 Farm Bill, Pub. L. 115-334).
    There were also multiple comments about financial assistance 
through NRCS that seem to fall outside of our authority.

Locally-Led Conservation

    Comment: Comments related to the locally-led conservation process 
in regards to the 2018 Farm Bill program administration. These comments 
identified issues related to interaction with the State Technical 
Committee, local work group functions, and staffing concerns.
    Response: NRCS continues to value coordination at the local level 
to help solve western water quantity issues, which is why NRCS 
regularly engages local and State stakeholders through State Technical 
Committee and local work group meetings. This approach has proven 
effective by empowering State leaders and coalitions to establish 
funding priorities that ensure critical resource concerns are allocated 
proportionate resources.
    NRCS supports the installation of site-specific conservation 
practices that help farmers manage moisture, reduce drought 
susceptibility, efficiently use irrigation water, and conserve ground 
and surface water by providing technical and financial assistance 
towards:
     Installing on-farm irrigation water delivery systems and 
structures, for example, irrigation ditch lining, irrigation pipelines, 
micro-irrigation systems, reservoirs, sprinklers, and subsurface 
systems; and
     Establishing vegetation and improving land management 
practices, for example, crop row arrangement, drainage and irrigation 
water management, forage harvest management, nutrient management, crop 
rotations, residue and tillage management, and cover crops.
    NRCS uses interim conservation practices as a mechanism for field 
testing new technology for addressing water conservation and drought 
not addressed by the existing NRCS suite of conservation practice 
standards. For example, two new groundwater recharge practices are 
being tested in California as described above.
    NRCS uses a multitude of tools to document staffing needs by field, 
area, and State offices. These tools are used to help target staff 
resources to those areas suffering multiple years of drought to assist 
producers who wish to install practices that address water quantity and 
related natural resource concerns.

NRCS Standards and Specifications

    Comment: Comments related to NRCS standards and specifications, 
including coordination of NRCS standards with those of BOR.
    Response: NRCS technical leadership will compare NRCS and BOR 
standards and will identify if there are any potential conflicts. If 
so, NRCS will work with BOR to identify criteria allowances that are 
mutually acceptable to NRCS and BOR.

Planning Assistance

    Comment: Comments related to planning assistance identified issues 
related to ground water depletion, water budgets, funding local water 
supply conservation projects, and coordination with public agencies on 
regulations and permits.
    Response: Through the Watershed and Flood Prevention Operations 
Program, NRCS provides planning assistance and feasibility studies 
directly to entities of State and local governments and Tribes in need 
of help

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with protecting and restoring small watersheds for multiple purposes 
including agricultural water management. Agricultural water management 
may include water supply structures, ground water recharge, and other 
large infrastructure works of improvement in the community. Such 
locally-sponsored projects are highly coordinated between sponsoring 
and regulatory agencies and involve detailed studies before design and 
implementation can begin. NRCS also provides conservation planning 
assistance and technical expertise to individual farmers, ranchers, and 
forest managers wanting to make conservation improvements to the land 
they manage.

Program Eligibility

    Comment: Comments related to NRCS conservation program eligibility 
as it relates to western water quantity concerns. Comments encourage 
NRCS to prioritize water quantity more in its programs.
    Response: NRCS appreciates the comments and recognizes that 
addressing drought stress and the need to support drought resilience is 
increasing the priority that may be placed on water quantity resource 
concerns. NRCS encourages partners to participate in the locally led 
process and State Technical Committees to influence where NRCS places 
priorities. In addition, these needs are incorporated within the new-
framework for conservation action described below.

Related Water Quality Issues

    Comment: Comments identified issues related to water quality 
including funding on and off farm irrigation systems, funding 
community-based organizations, considering the effects of irrigation 
systems on both surface and ground water resources, flexibility at 
local and state levels, prioritizing large scale projects, interstate 
coordination, outcome estimation, final program rules, water 
infrastructure, climate change impacts, Strike Force areas, the 
importance of healthy soil and soil moisture management to efficient 
irrigation water use and water conservation, and the impact of non-
native vegetation on watershed hydrology caused by threats to the 
landscape such as wildfire and feral hogs.
    Response: NRCS appreciates the suggestions for fully utilizing its 
authorities to help communities and individuals across the West address 
issues related to the supply and quality of water. Specific suggestions 
for each watershed and conservation program have been received by 
appropriate national and State level program managers for 
consideration.
    NRCS has developed a framework for conservation as described below 
to coordinate its programs' resources more effectively with those of 
other public agencies and private stakeholders in each water resource 
region and State. Communication strategies will be included to inform 
the public more effectively about available program resources to 
achieve desired outcomes for ground and surface waters.
    NRCS works in partnership with State Conservation Agencies, State 
Associations of Conservation Districts, and other types of partners in 
each State or territory, and with Indian Tribes to expand our reach and 
put more conservation on the land. NRCS coordinates with other Federal 
agencies who help States, Tribes, local governments, and other water 
resource managers to leverage Federal resources available for achieving 
water resource conservation outcomes from delivering its programs.

Snow Survey and Water Supply Forecasting

    Comment: Comments related to snow survey and water supply 
forecasting. In general, the comments relate to improving the sharing 
of information between agencies and entities involved with water supply 
data collection and having a unified focus on addressing the issues in 
eastern Oregon.
    Response: The NRCS State Conservationist for Oregon has worked in 
cooperation with Federal and State agency partners to develop and 
provide water supply condition and data reports. The reports are 
generated bi-weekly each year to assist in identifying flood potential 
in near-real-time in the Umatilla River and McKay Creek watersheds in 
eastern Oregon. These reports can be accessed at the NRCS Oregon Snow 
Survey website at the following link: https://www.nrcs.usda.gov/wps/portal/nrcs/detailfull/or/snow/?cid=nrcseprd854607. Interested parties 
can sign up (subscribe) to receive the reports at the link as well.
    At the request of the Oregon State Climatologist, the NRCS Oregon 
Snow Survey Supervisory Hydrologist serves as a lead technical 
consultant to provide guidance for Oregon's input to the National 
Drought Monitor (DM). The goal of these efforts is to make Oregon's 
drought designation mimic the national model so that a unified message 
is provided by the State of Oregon, relating drought to partners and 
stakeholders.
    NRCS Oregon is a lead technical member of the Governor's Drought 
Readiness Council and Water Supply Availability Committee. The Drought 
Readiness Council and Water Supply Availability Committee members 
include Federal and State agency representatives that review drought 
and water supply conditions monthly to provide input to the Governor's 
office and to make decisions based upon critical water supply 
conditions across Oregon.

Soil Health

    Comment: Comments expressed that soil health is important, 
especially in a rangeland setting.
    Response: NRCS appreciates this comment supporting soil health and 
agrees that soil health is very important in rangelands to improve 
water infiltration and retention.

Source Water

    Comment: Comments suggested source water considerations should be a 
part of the western water quantity strategy. The comments recommended 
that NRCS consider involving drinking water providers or other source 
water stakeholders in setting priorities, including in the State 
Technical Committees.
    Response: Protecting drinking water sources is a priority for NRCS 
and partners and is incorporated into our program implementation as 
identified by the 2018 Farm Bill. NRCS will continue to address this 
priority and agrees that having source water stakeholders participating 
in State Technical Committee meetings is a good idea. Interested 
stakeholders should contact their NRCS State Conservationists to 
receive information about State Technical Committee participation.

Water Rights

    Comment: Comments suggested that NRCS needs to have greater 
involvement in processes related to State determinations of water 
rights, such as a curtailment by a State engineer.
    Response: NRCS does not have a role with the purchase, sale, 
enforcement, or adjudication of water rights under State law.

Wildlife Habitat

    Comment: Comments addressed a multitude of wildlife habitat issues.
    Response: NRCS has strong relationships with its Federal and State 
wildlife partners, and greatly appreciates the coordination of its 
programs with these partners under the Working Lands for Wildlife 
(WLFW) partnership. Through WLFW, USDA uses a win-win approach to

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systematically target conservation efforts to improve agricultural and 
forest productivity which enhances wildlife habitat on working 
landscapes. Target species are used as barometers for success because 
their habitat needs are representative of healthy, functioning 
ecosystems where conservation efforts benefit a much broader suite of 
species. NRCS recognizes that water availability is a need for wildlife 
as well as agriculture, and partners help NRCS to identify mutually 
beneficial solutions for both.

Framework for Conservation

    In January 2021, NRCS convened a working group of State and 
national subject matter experts to review input received from the 
public listening session and written comment period. Based on the 
working group's analysis, NRCS developed a western-focused strategic 
framework to address challenges posed by water scarcity and guide 
program delivery at the State and local level. Referred to as NRCS's 
Western Water and Working Lands Framework for Conservation Action, the 
broad planning guidance will help NRCS leaders in each State improve 
their business plans to better address cross-cutting issues related to 
protecting water resources in their State.
    The first step of developing the new framework was completed in the 
summer of 2021 when State Conservationists briefed State Technical 
Committees with a summary of input received during the listening 
session and provided them an opportunity to advise further. NRCS 
experts reviewed all the input received and formulated strategies for 
increasing conservation opportunities that address challenges related 
to managing water resources across western landscapes. The next step 
will be for NRCS leaders in each State to use the framework to develop 
targets for increased conservation actions over the next few years.

Terry Cosby,
Chief, Natural Resources Conservation Service.
[FR Doc. 2023-03278 Filed 2-15-23; 8:45 am]
BILLING CODE 3410-16-P