[Federal Register Volume 88, Number 81 (Thursday, April 27, 2023)]
[Notices]
[Pages 25619-25620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08842]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

[Docket No. NRCS-2023-0005]


Proposed Revisions to the National Handbook of Conservation 
Practices for the Natural Resources Conservation Service

AGENCY: Natural Resources Conservation Service, U.S. Department of 
Agriculture.

ACTION: Notice of availability, request for comments.

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SUMMARY: The Natural Resources Conservation Service (NRCS) is giving 
notice that we intend to issue a series of revised conservation 
practice standards in the National Handbook of Conservation Practices 
(NHCP). NRCS is also giving the public an opportunity to provide 
comments on specified conservation practice standards in the NHCP.

DATES: We will consider comments that we receive by May 30, 2023.

ADDRESSES: We invite you to submit comments in response to this notice. 
You may submit your comments through one of the following methods 
below:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and search for Docket ID NRCS-2023-0005. Follow the 
online instructions for submitting comments; or
     Mail or Hand Delivery: Mr. Clarence Prestwich, National 
Agricultural Engineer, Conservation Engineering Division, NRCS, USDA, 
1400 Independence Avenue, South Building, Room 4636, Washington, DC 
20250. In your comment, please specify the Docket ID NRCS-2023-0005.
    All comments received will be made publicly available on http://www.regulations.gov.
    The copies of the proposed revised standards are available through 
http://www.regulations.gov by accessing Docket No. NRCS-2023-0005. 
Alternatively, the proposed revised standards can be downloaded or 
printed from https://www.nrcs.usda.gov/getting-assistance/conservation-practices.

FOR FURTHER INFORMATION CONTACT: Mr. Clarence Prestwich; telephone: 
(202) 720-2972, or email: [email protected]. Individuals who 
require alternative means for communication should contact the U.S. 
Department of Agriculture (USDA) Target Center at (202) 720-2600 
(voice).

SUPPLEMENTARY INFORMATION: 

Background

    NRCS plans to revise the conservation practice standards in the 
NHCP. This notice provides an overview of the planned changes and gives 
the public an opportunity to offer comments on the specific 
conservation practice standards and NRCS's proposed changes.
    NRCS State Conservationists who choose to adopt these practices in 
their States will incorporate these practices into the respective 
electronic Field Office Technical Guide. These practices may be used in 
conservation systems that treat highly erodible land (HEL) or on land 
determined to be wetland. Section 343 of the Federal Agriculture 
Improvement and Reform Act of 1996 (Pub. L. 104-127) requires NRCS to 
make available for public review and comment all proposed revisions to 
conservation practice standards used to carry out HEL and wetland 
provisions of the law.

Revisions to the National Handbook of Conservation Practices

    The amount of the proposed changes varies considerably for each of 
the conservation practice standards addressed in this notice. To fully 
understand the proposed changes, individuals are encouraged to compare 
these changes with each standard's current version, which can be found 
at: https://www.nrcs.usda.gov/resources/guides-and-instructions/conservation-practice-standards.
    NRCS is requesting comments on the following conservation practice 
standards:
     Anaerobic Digester (Code 366);
     Drainage Water Management (Code 554);
     Irrigation and Drainage Tailwater Recovery (Code 447);
     Pond Sealing or Lining, Geomembrane or Geosynthetic Clay 
Liner (Code 521);
     Roofs and Covers (Code 367); and
     Surface Drain, Main or Lateral (Code 608).
    The following are highlights of some of the proposed changes to 
each standard:
    Anaerobic Digester (Code 366): Reorganized requirements and 
clarified wording and formatting to increase readability of the 
standard. Aligned criteria with other Conservation Practice Standards 
and planning criteria to maintain consistency. Strengthened 
requirements to account for effects of nutrients and hazardous gases 
when implementing anaerobic digesters. Incorporated a limited allowance 
for emergency venting of biogas when the operation of a flare would 
lead to an exceedance of local air pollution regulations.
    Drainage Water Management (Code 554): Clarified wording and 
formatting to increase readability of the standard. Added text to 
general criteria section that the project is required to comply with 
Federal, State, Tribal, and local laws, and regulations. Also clarified 
within general criteria section the allowance of manual and automation 
technology. Added text to the additional criteria to ``Reduce Nutrient, 
Pathogen, and Pesticide Loading'' section.
    Irrigation and Drainage Tailwater Recovery (Code 447): Clarified 
wording and formatting to increase readability of the standard. Added 
text to general criteria section that the project is required to comply 
with Federal, state, tribal, and local laws, and regulations. The water 
quality practice purpose was clarified to include downstream drinking 
water source improvement.
    Pond Sealing or Lining, Geomembrane or Geosynthetic Clay Liner 
(Code 521): Revised the materials table; the gas venting, water 
drainage, and leak detection criteria; and the slope requirements. 
Also, added new considerations on safety, leak detection, and liner 
protection.
    Roofs and Covers (Code 367): Clarified wording and formatting to 
increase readability of the standard. The purpose was updated to be 
consistent with the resource concern list. The allowable flexible cover 
material thickness was updated based on industry standard change.
    Surface Drain, Main or Lateral (Code 608): Added statement that the 
project is required to comply with all Federal, State, Tribal and local 
laws, rules, and regulations. Removed statement on wetland 
determinations to make the standard more consistent with other drainage 
standards. Added other minor changes to improve clarity and 
readability.

USDA Non-Discrimination Policy

    In accordance with Federal civil rights law and USDA civil rights 
regulations and policies, USDA, its agencies, offices, and employees, 
and institutions participating in or administering USDA programs are 
prohibited from discriminating based on

[[Page 25620]]

race, color, national origin, religion, sex, gender identity (including 
gender expression), sexual orientation, disability, age, marital 
status, family or parental status, income derived from a public 
assistance program, political beliefs, or reprisal or retaliation for 
prior civil rights activity, in any program or activity conducted or 
funded by USDA (not all bases apply to all programs). Remedies and 
complaint filing deadlines vary by program or incident.
    Individuals who require alternative means of communication for 
program information (for example, braille, large print, audiotape, 
American Sign Language, etc.) should contact the responsible agency or 
USDA's TARGET Center at (202) 720-2600 (voice and text telephone ( 
TTY)) or dial 711 for Telecommunicaions Relay Service (both voice and 
text telephone users can initiate this call from any phone). 
Additionally, program information may be made available in languages 
other than English.
    To file a program discrimination complaint, complete the USDA 
Program Discrimination Complaint Form, AD-3027, found online at https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint and 
at any USDA office, or write a letter addressed to USDA and provide in 
the letter all the information requested in the form. To request a copy 
of the complaint form, call (866) 632-9992. Submit your completed form 
or letter to USDA by mail to: U.S. Department of Agriculture, Office of 
the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, 
Washington, DC 20250-9410 or email to [email protected].
    USDA is an equal opportunity provider, employer, and lender.

Louis Aspey,
Associate Chief, Natural Resources Conservation Service.
[FR Doc. 2023-08842 Filed 4-26-23; 8:45 am]
BILLING CODE 3410-16-P