[Federal Register: August 16, 2007 (Volume 72, Number 158)]
[Rules and Regulations]
[Page 45879-45880]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16au07-1]
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Rules and Regulations
Federal Register
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[[Page 45879]]
DEPARTMENT OF AGRICULTURE
Farm Service Agency
7 CFR Part 701
RIN 0560-AH71
Emergency Conservation Program
AGENCY: Farm Service Agency, USDA.
ACTION: Final rule.
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SUMMARY: This final rule provides the change mandated by the U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (the 2007 Emergency Supplemental). The 2007
Emergency Supplemental provided $16 million for the Emergency
Conservation Program (ECP) and required that the Adjusted Gross Income
Limitation (AGI) apply to the distribution of the funds.
EFFECTIVE DATE: August 16, 2007.
FOR FURTHER INFORMATION CONTACT: Clayton Furukawa, ECP Program Manager,
Conservation and Environmental Programs Division, USDA/FSA/CEPD STOP
0513, 1400 Independence Avenue, SW., Washington, DC 20250-0513,
telephone 202-690-0571, e-mail: Clayton.Furukawa@wdc.usda.gov.
SUPPLEMENTARY INFORMATION:
Background
The ECP provides cost-share assistance to farmers and ranchers to
rehabilitate farmland damaged by wind erosion, floods, hurricanes, or
other natural disasters, and for carrying out emergency water
conservation measures during periods of severe drought.
The 2007 Emergency Supplemental (Pub. L. 110-28) appropriated $16
million for the ECP. The 2007 Emergency Supplemental also required that
the Adjusted Gross Income (AGI), 7 U.S.C. 1308-3a, apply to this $16
million.
This regulation incorporates the AGI provisions into the ECP. This
will be the first time the AGI will be applied to the ECP; however, it
has been used with other programs administered by FSA.
The use of the AGI limitation is addressed in the regulations in 7
CFR part 1400, subpart G, Average Adjusted Gross Income Limitation
(sections 1400.600--1400.603). Section 1400.600 specifies applicability
of the AGI limitation. In general, an individual or entity is not
eligible for certain program benefits during a crop, program, or fiscal
year, if (1) the preceding three-year average of the AGI for the
individual or entity exceeds $2.5 million and (2) less than 75 percent
of the average AGI is derived from farming, ranching, or forestry
operations. Section 1400.601 specifies the determination of average
adjusted gross income. Section 1400.602 specifies the information
applicants must provide to comply with the regulations. Section
1400.603 specifies the amount payment will be reduced commensurate with
the AGI limitation.
All other aspects of the ECP will continue to operate in the
current manner; this change incorporating the AGI limitation will only
apply to payment eligibility for the newly-funded $16 million. Other
ECP program funds may be available for which the AGI provision does not
apply. Other than the addition of the AGI limitation for the newly
funded $16 million, current ECP regulations remain unchanged.
Notice and Comment
Due to the non-discretionary nature of this regulatory change,
notice and public comment are impracticable, unnecessary, or contrary
to the public interest. The 2007 Emergency Supplemental required that
FSA apply the AGI to the ECP for payments under the newly-funded $16
million. FSA will apply the AGI as it does for other programs it
administers; the current AGI regulations will remain unchanged.
Further, allowing the rule to be effective upon publication will allow
FSA to fully implement the change and more quickly distribute the $16
million to provide cost-share assistance to farmers and ranchers to
rehabilitate farmland damaged by wind erosion, floods, hurricanes, or
other natural disasters, and for carrying out emergency water
conservation measures during periods of severe drought. Therefore, a
proposed rule is not required and this regulatory change is being
issued as a final rule.
Executive Order 12866
This rule has been determined to be not significant under Executive
Order 12866 and has been reviewed by the Office of Management and
Budget.
Regulatory Flexibility Act
This rule is not subject to the Regulatory Flexibility Act since
the FSA is not required to publish a notice of proposed rulemaking for
this rule.
Environmental Review
FSA has determined that the application of the AGI limitation to
distribute certain funds for the Emergency Conservation Program (ECP)
does not constitute a major Federal action that would significantly
affect the human or natural environment. Consistent with the National
Environmental Policy Act (NEPA), 40 CFR part 1502.4, major Federal
actions requiring the preparation of Environmental Impact Statements,
and 7 CFR Part 799: Environmental Quality and Related Environmental
Concerns--Compliance with NEPA implementing the regulations of the
Council on Environmental Quality, 40 CFR parts 1500-1508, no
environmental assessment or environmental impact statement will be
prepared for this final rule.
Executive Order 12372
This program is not subject to the provisions of Executive Order
12372, which requires intergovernmental consultation with State and
local officials. See the Notice related to 7 CFR part 3015, subpart V,
published at 48 FR 29115 (June 24, 1983).
Executive Order 12612
This rule does not have Federalism implications that warrant the
preparation of a Federalism Assessment. This rule will not have a
substantial direct effect on States or their political subdivisions or
on the distribution of power and responsibilities among the various
levels of government.
Executive Order 12988
This rule has been reviewed in accordance with Executive Order
12988. This final rule is not retroactive and it does not preempt State
law. Before any
[[Page 45880]]
judicial action may be brought regarding the provisions of this rule
the administrative appeal provisions of 7 CFR parts 11 and 780 must be
exhausted.
Unfunded Mandates Reform Act of 1995
This rule contains no Federal mandates under the regulatory
provisions of Title II of the UMRA for State, local, and tribal
government or the private sector. Therefore, this rule is not subject
to the requirements of sections 202 and 205 of the UMRA.
Paperwork Reduction Act
The Office of Management and Budget (OMB) previously approved the
information collection requirements of the ECP under OMB control number
0560-0082. This rule will not change those information collection
requirements. A separate notice requesting comments was published in
the Federal Register on July 26, 2007 (72 FR 41051) for the information
collection requirements for the collection of AGI information.
E-Government Act Compliance
FSA 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.
Federal Assistance Program
The title and number of the Federal Assistance Program, as found in
the Catalog of Federal Domestic Assistance, to which this rule applies
are: Emergency Conservation Program (ECP)--10.054.
List of Subjects in 7 CFR Part 701
Agriculture, Disaster assistance, Environmental protection, Forests
and forest products, Grant programs--agriculture, Grant programs--
natural resources, Reporting and recordkeeping, Rural areas, Soil
conservation, Water resources, Wildlife.
0
Accordingly, amend 7 CFR part 701 as follows:
PART 701--EMERGENCY CONSERVATION PROGRAM AND CERTAIN RELATED
PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART
0
1. Revise the authority citation to read as follows:
Authority: Pub. L. 95-334, 92 Stat. 420, 16 U.S.C. 2201-2205;
Pub. L. 109-148, Division B, sec. 101; and Pub. L. 110-28, secs.
9003-9004.
0
2. Add new Sec. 701.17 to read as follows:
Sec. 701.17 Average Adjusted Gross Income Limitation
To be eligible for payments issued from the $16 million provided
under the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and
Iraq Accountability Appropriations Act, 2007 (Pub. L. 110-28, section
9003), each applicant must meet the provisions of the Adjusted Gross
Income Limitations at 7 CFR part 1400 subpart G.
Signed at Washington, DC, on August 9, 2007.
Glen L. Keppy,
Acting Administrator, Farm Service Agency.
[FR Doc. E7-16175 Filed 8-15-07; 8:45 am]
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