[Federal Register: June 13, 2003 (Volume 68, Number 114)]
[Notices]
[Page 35360-35363]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jn03-34]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
Grassland Reserve Program
AGENCY: Commodity Credit Corporation, USDA.
ACTION: Notice of availability of program funds for the Grassland
Reserve Program.
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SUMMARY: The Commodity Credit Corporation (CCC) announces the
availability of $49,492,000 to implement the Grassland Reserve Program
(GRP) in fiscal year 2003. Section 2401 of the Farm Security and Rural
Investment Act of 2002 (Pub. L. 107-171) amended the Food Security Act
of 1985 to authorize this program. The Secretary of Agriculture
delegated the authority to administer GRP on behalf of the CCC, to the
Administrator, Farm Service Agency (FSA) and the Chief, Natural
Resources Conservation Service (NRCS). These agency leaders are
officers of the CCC.
Although this notice applies only to funds made available in
FY2003, CCC will, at a later date, issue a regulation for FY 2004
through FY 2007 program implementation. The rule will address and seek
comment on a number of issues including: the process for establishing
program priorities and criteria; the administration of easements and
long-term contracts; the process of allocating and focusing funding at
State and local levels; and the process for private organizations and
State agencies to apply to hold and enforce GRP easements.
DATES: Funds will be available from June 30, 2003 through September 30,
2003.
ADDRESSES: Address all comments to Charles Whitmore, Acting Director,
Conservation Operations Division, Natural Resources Conservation
Service, P.O. Box 2890, Washington, DC 20013, (202) 720-1845, fax 202-
720-4265; Submit electronic comments to FarmBillRules@usda.gov; Attn:
Grassland Reserve Program.
FOR FURTHER INFORMATION CONTACT: Leslie Deavers, Watersheds and
Wetlands Division, Natural Resources Conservation Service, P.O. 2890,
Washington, DC 20013, (202) 720-1067, fax (202) 720-2143, e-mail:
leslie.deavers@usda.gov.
SUPPLEMENTARY INFORMATION: Grasslands constitute the largest land cover
on America's private lands. Privately-owned grasslands and shrublands
cover more than 525 million acres in the United States. These lands
contribute significantly to the economies of many regions, provide
biodiversity of plant and animal populations, and play a key role in
environmental quality. Specifically, grasslands and shrublands impact
water quantity and quality and, when properly managed, can result in
cleaner water supplies, healthy riparian areas, reduce potential for
flooding, and control sediment loadings in streams and other water
bodies. These lands are vital for the production of forage for domestic
livestock, and provide forage and habitat for maintaining healthy
wildlife populations. These lands also improve the aesthetic character
of the landscape, provide scenic vistas and open space, provide
recreational opportunities, and protect the soil from water and wind
erosion.
Large expanses of grassland acreage are annually threatened by
conversion to other land uses such as cropland and urban development.
Approximately 23 million acres of grassland and shrubland were
converted to cropland between 1982 and 1997, and about six million
acres were converted to urban and other uses (1997 NRI).
Background
Section 2401 of the Farm Security and Rural Investment Act of 2002
(Pub. L. 107-171) amended the Food Security Act of 1985 to authorize
GRP (16 U.S.C. 3838n-3838q). The purpose of the program is to assist
landowners with restoring and conserving grassland, rangeland,
pastureland, and certain other lands. The statute provides that no more
than two million acres of restored or improved grassland, rangeland,
and pastureland can be enrolled in the program through FY 2007. The
program offers landowners the option to grant an easement to the
Secretary or enter into a long-term agreement to preserve and protect
the ecological benefits of eligible land.
The GRP statute requires the Secretary to consider grazing
operations, biodiversity, and grassland under the greatest threat of
conversion when evaluating and ranking applications. In FY 2003, CCC
plans to use GRP to protect grazing lands from conversion and support
efforts to maintain or enhance biodiversity.
Although CCC is implementing the program nationwide in FY2003, it
recognizes that with limited funding and large pool of eligible
acreage, nationwide implementation may result in a large number of
applications remaining unfunded. Therefore, the application selection
criteria are critical to ensure only the highest priority areas are
protected.
Definitions
For the purposes of this notice, the following definitions apply.
Conservation plan means a record of the decisions, and supporting
information, for the conservation treatment of a unit of land or water.
The conservation plan includes the schedule of operations, activities,
and estimated expenditures, if needed to solve identified natural
resource concerns.
Eligible applicant means the landowner(s) for easement applications
because only a landowner can transfer land rights. Easement
applications will only be considered when the applicant can provide
evidence of ownership. For annual rental agreements, eligible applicant
means both landowners and operators who have evidence of control of the
land for the agreement period.
Eligible practices means any practice identified in the NRCS Field
Office Technical Guide (FOTG) that enhances or restores native grasses,
forbs, or shrubs as determined by the NRCS State Conservationist.
Fair market value for easement acquisition means the amount
determined through a real property appraisal that will be used to
calculate the offer to the participant. Fair market value is the amount
in cash, or on terms reasonably equivalent to cash, for which in all
probability the property would have sold on the effective date of the
appraisal, after a reasonable exposure time on the open competitive
market, from a willing and reasonably knowledgeable seller to a willing
and
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reasonably knowledgeable buyer, with neither acting under any
compulsion to buy or sell, giving due consideration to all available
economic uses of the property at the time of the appraisal. For the
purposes of GRP, the fair market value will be determined by an
appraisal, or other method determined reasonable by CCC, less the
grazing value. Grazing values will be determined by CCC based on
appraised grazing values.
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 and/or forbs.
Grazing values for rental agreements will be determined by CCC
based on local prevailing grazing values.
Rangeland means land on which the native vegetation (climax or
natural potential) is predominantly grasses, grass-like plants, forbs,
or shrubs suitable for grazing or browsing use. Rangelands include
natural grassland, savannas, most deserts, tundra, alpine plant
communities, coastal marshes, wet meadows and introduced plant
communities managed like rangeland.
Restored grassland means acreage restored from cropland, non-native
grasses, or some other vegetative cover to native grass, forbs or
shrubs. When native seed is not available, plants that provide similar
functions and values for the intended use are permitted.
Shrubland means a type of rangeland dominated by small woody
perennial plants.
Program Requirements
Effective upon the publication date of this notice, CCC announces
the availability of $49,942,000 for GRP, from June 30, 2003 until
September 30, 2003. Applications for participation will be accepted on
a continual basis throughout this period at local USDA Service Centers
from landowners of private land. NRCS State Conservationists will
establish funding cut-off periods throughout FY 2003 to batch and
select applications. These cut-off periods will be available in program
outreach material provided by CCC. Once funding levels have been
exhausted, eligible applicants will remain on file until additional
funding becomes available or the applicant chooses to be removed from
consideration.
GRP contracts and easements prohibit: (1) The production of crops
(other than hay), fruit trees, vineyards, or any other agricultural
commodity that requires breaking the soil surface; and (2) any other
activity that would disturb the surface of the land except for
appropriate land management activities identified in the easement or
agreement. For applicants who are interested in restoring grasslands,
forbs, and shrublands, the program offers an opportunity to enroll in
restoration agreements.
The GRP statute provides that eligible land includes grasslands;
land that contains forbs; shrubland, including improved rangeland and
pastureland; or, land that is located in an area that has been
historically dominated by grassland, forbs or shrubland when these
lands have the potential to enhance plant and animal biodiversity.
Other eligible land includes land that is incidental to the eligible
land when it is considered necessary by CCC for the efficient
administration of an agreement or easement.
Applicants may submit applications for easements, rental
agreements, and restoration agreements. Offers for participation must
include no less than 40 contiguous acres, unless CCC determines a small
parcel is appropriate to achieve the purposes of the program. When
selecting offers of eligible lands, CCC shall emphasize support for
grazing operations; plant and animal biodiversity; and other eligible
land under the greatest threat of conversion. The conversion threat may
include conversion to agriculture or non-agriculture uses.
Pursuant to section 1604 of the Farm Security and Rural Investment
Act of 2002, benefits under this part shall not be available to a
person whose adjusted gross income exceeds $2.5 million, as determined
under the standards set forth in 7 CFR part 1400.
Enrollment Options
The GRP offers applicants multiple enrollment options. Landowners
may submit applications for permanent easements or 30-year easements.
Landowners and others who have general control of the acreage being
offered may submit applications for 10-year, 15-year, 20-year, or 30-
year rental agreements. Each enrollment option permits: (1) Common
grazing practices, including maintenance and necessary cultural
practices, that are consistent with maintaining the viability of
grassland, forb and shrub species common to the local area; (2) haying,
mowing, or harvesting for seed production, subject to certain
restrictions, such as restrictions during the nesting season of bird
species that are in significant decline or those that are required to
be protected under Federal or State law, as determined by NRCS or its
designee; and (3) fire rehabilitation and the construction of fire
breaks and fences. Participants will be required to follow a
conservation plan, developed by NRCS or its designee, and the
participant, to preserve the integrity of the grassland enrolled in the
program.
For easement offers, land is considered enrolled after CCC makes a
tentative offer of acceptance, and the landowner signs an intent to
continue in the program. For rental agreement offers, the land is
considered enrolled after a GRP contract is approved by CCC.
Additional Requirements for Easements
CCC shall use a standard easement deed that is available on-line at
http://www.sc.egov.usda.gov.
In addition to the requirements identified in the ``Program
Requirements'' section, landowners who participate in an easement
enrollment option agree to:
(1) Provide written statement of consent to the easement signed by
persons holding a security interest or any vested interest in the land;
(2) Provide proof of clear title;
(3) Comply with other terms of the easement; and
(4) Provide access to NRCS or its representative for easement
administration and monitoring activities on the property.
Funding Allocations
The GRP statute requires that of the total amount of funds expended
under the program to acquire easements and rental agreements, 60
percent of the program funds are to be used for easements and 30-year
agreements and 40 percent of the funds are to be used for 10-year, 15-
year, and 20-year rental agreements.
CCC may divide the $49,942,000 into two equal pools. Fifty percent
of the funds will be distributed to the USDA State office in proportion
to the number of grazing operations, the acres of pasture and rangeland
under the threat of conversion, and biodiversity considerations. The
remaining funds may be held in a national reserve. This reserve will be
distributed after program demand, expressed in terms of the number of
applicants, acres, and estimated cost to enroll the land, and,
ecological considerations, such as biodiversity and threat of grassland
conversion, are known. If the State office is unable to use its
allocation, CCC may redistribute funds to other States that can
obligate the funds to eligible projects prior to September 30, 2003.
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Application Process
CCC will consider for funding under this notice applications
received throughout FY 2003. USDA will widely distribute information on
the availability of assistance through GRP, State, and National goals,
and information needed to submit applications. Applicants must submit
an application, Form AD-1153, Application for Long-Term Contracted
Assistance, to CCC to be considered for participation. Program
applications can be obtained from any local USDA Service Center or on
the USDA website at http://www.sc.egov.usda.gov. Applications should be
submitted to the office that administers the records for the area in
which the land being offered for participation is located. Applications
may be submitted by mail, fax, or electronically to a USDA Service
Center. USDA will evaluate the application for eligibility and complete
an application ranking process. Selection of individual applications
will be made at the State level as described below.
Application Selection
CCC is required by statute to emphasize support for grazing
operations; plant and animal biodiversity; and grassland, land that
contains forbs, and shrubland under the greatest threat of conversion.
Selection criteria which incorporates these areas of emphasis, will be
developed at the State level by the NRCS State Conservationist and the
FSA State Executive Director, with advice from the State Technical
Committee. Individual application selection will be made at the State
level by the NRCS State Conservationist and the FSA State Executive
Director. Selection criteria for each State will be made available to
the public prior to signup upon request. Each State's application
selection criteria will be available on the NRCS Web site at http://www.nrcs.usda.gov/farmbill
and http://www.fsa.usda.gov/dafp/grp Selection criteria will, at a minimum, consider the following
national criteria: the threat of conversion from grass to cropland; the
threat of conversion from grass to non-agriculture use; location
significance; whether the land is part of an existing grazing
operation; and whether the site serves as habitat that promotes and
enhances plant and animal biodiversity, as determined by the NRCS State
Conservationist, with advice from the State Technical Committee.
State offices have the flexibility to determine state-specific
criteria that emphasizes grasslands of state significance or locations
of critical need based on the threat of conversion or biodiversity of
plant or wildlife populations.
Payments
For permanent easement acquisition, CCC will provide payment equal
to the fair market value of the land, less the grazing value of the
land encumbered by the easement. Market values will be determined using
an appraisal process. In addition, CCC will provide all the
administrative costs associated with recording the easement, including
appraisal fees, survey costs, title insurance, and recording fees. For
30-year easements, CCC will provide payment equal to 30 percent of the
fair market value of the land, less the grazing value of the land for
the period during which the land is encumbered by the easement.
Easement payments may be provided, at the participant's request, in
lump sum or annual payments (equal or unequal amounts) for no more than
10 years.
For long-term rental agreements, annual rental payments will be an
amount not more than 75 percent of the grazing value of the land
covered by the agreement for the life of the agreement, as determined
by CCC. Payments will be disbursed on the agreement anniversary date of
each Federal fiscal year.
For restoration agreements, CCC will provide up to 90 percent of
the restoration costs on lands that have never been cultivated, and up
to 75 percent of the cost on restored grasslands. Restoration
agreements can be entered into in conjunction with either easement
projects or rental agreements. Participants will be paid upon
certification of the completion of the approved practice(s) by NRCS or
an approved third party. Participants may contribute to the application
of a cost-share practice through in-kind contributions. Eligible in-
kind contributions include: personal labor; use of personal equipment;
donated labor or materials; and use of on-hand or used materials that
meet the requirements for the practice to be installed. The
participant's share of the project may be provided by a public or
private third party.
Participants may assign the right to receive any payments described
in this notice, in whole or in part, as provided in 7 CFR part 1404.
Subject to 7 CFR part 1403, any payment under this notice or
portion thereof due any person under this part shall be allowed without
regard to questions of title under State law, and without regard to any
claim or lien in favor of any creditor, except agencies of the United
States Government.
Delegation of Easement Administration to Private Organizations
The GRP statutory authority provides that the Secretary may permit
a private conservation or land trust organization or a State agency to
hold and enforce an easement provided that: (1) Granting permission
will promote protection of eligible land; (2) the owner authorizes the
private organization or State agency to hold and enforce the easement;
and (3) the private organization or State agency agrees to assume the
costs incurred in administering and enforcing the easement, including
costs of restoration or rehabilitation of the land, as specified by the
owner and the private organization. In addition, permission is
contingent upon the Secretary having the right to conduct periodic
inspections, and provide enforcement action, if the private
organization is unable to effectively implement enforcement action. The
provisions for implementing this authority will be addressed in a
proposed rule to be published later this year. The GRP authority is
different than the authority provided for the Farm and Ranchland
Protection Program (FRPP). Under FRPP the Secretary has the authority
to acquire an interest in property that is subject to a pending offer
by another entity. In GRP, the Secretary is the holder of the easement
and may delegate the easement administration responsibilities to a
private organization.
Violations
When the terms or conditions of an easement, rental agreement, or
restoration agreement are violated, the easement or rental agreement
will remain in force. For rental agreements or restoration agreements,
CCC may require the participant to refund all or part of any payments
received, with interest. For easement violations, USDA reserves the
right to enter upon the easement area at any time to remedy
deficiencies or easement violations, even under situations where a
third party assumed administrative responsibility for the easement.
Such entry may be made at the discretion of USDA when such actions are
deemed necessary to protect important grassland areas.
Civil Rights
CCC and USDA have collected civil rights data on farmers and
ranchers who participate in conservation programs. Based on past
participation, it is estimated that the funding being made
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available with this notice will not negatively or disproportionately
affect minorities, women, or persons with disabilities who are program
beneficiaries or applicants for program benefits.
Environmental Evaluation
On each farm or ranch, during the application evaluation process,
the environmental effects of any proposed actions are evaluated on a
case-by-case basis. That evaluation is used to determine whether
further environmental analysis is required. Accordingly, neither an EA
nor an EIS has been prepared for this notice.
Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), USDA
must determine whether the regulatory action is ``significant'' and
therefore subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of the Executive Order 12866, it has been
determined that this Notice of Fund Availability is not a ``significant
regulatory action''.
Signed in Washington, DC, on June 1, 2003.
Bruce I. Knight,
Vice President, Commodity Credit Corporation, Chief, Natural Resources
Conservation Service.
[FR Doc. 03-14977 Filed 6-12-03; 8:45 am]
BILLING CODE 3410-16-P