[Federal Register Volume 74, Number 241 (Thursday, December 17, 2009)]
[Rules and Regulations]
[Pages 66907-66914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30055]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 74, No. 241 / Thursday, December 17, 2009 /
Rules and Regulations
[[Page 66907]]
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
7 CFR Part 610
State Technical Committees
AGENCY: Natural Resources Conservation Service, United States
Department of Agriculture.
ACTION: Final rule.
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SUMMARY: The Natural Resources Conservation Service (NRCS) is
publishing a final rule that sets forth the policies for State
Technical Committees at 7 CFR part 610, subpart C. NRCS published the
State Technical Committee interim final rule in the Federal Register on
November 25, 2008. NRCS published standard operating procedures for
State Technical Committees as a notice in the Federal Register on April
7, 2009. The public was invited to comment on both the interim final
rule and the standard operating procedures. This final rule
incorporates changes made to 7 CFR part 610, subpart C, in response to
public comments received on the interim final rule and the standard
operating procedures. Subsequent to the publication of this final rule,
and utilizing the comments received, NRCS will make further updates to
its standard operating procedures.
DATES: Effective Date: The rule is effective December 17, 2009.
ADDRESSES: This notice may be accessed via the Internet. Users can
access the NRCS homepage at: http://www.nrcs.usda.gov/; select the Farm
Bill link from the menu. Persons with disabilities who require
alternative means for communication (Braille, large print, audio tape,
etc.) should contact the USDA Target Center at: (202) 720-2600 (voice
and TDD).
FOR FURTHER INFORMATION CONTACT: Dan Lawson, Acting Director,
Conservation Planning and Technical Assistance Division, Department of
Agriculture, Natural Resources Conservation Service, 1400 Independence
Avenue, SW., Room 6015 South Building, Washington, DC 20250; telephone:
(202) 720-1510; fax: (202) 720-2998; or e-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
Regulatory Certifications
Executive Order 12866
The Office of Management and Budget (OMB) has determined this final
rule is not significant and will not be reviewed by OMB under Executive
Order 12866.
Regulatory Flexibility Act
The final rule will not have a significant environmental impact on
small entities. NRCS has determined that the Regulatory Flexibility Act
does not apply.
Civil Rights Impact Analysis
NRCS has determined through a Civil Rights Impact Analysis that the
State Technical Committee final rule discloses no disproportionately
adverse impact for minorities, women, or persons with disabilities. The
incorporated changes to 7 CFR part 610, subpart C, were required by the
Food, Conservation, and Energy Act of 2008 (2008 Act). The 2008 Act
changed the composition and responsibilities of the State Technical
Committees. Specifically, the 2008 Act added ``agricultural producers
and other professionals that represent a variety of disciplines in the
soil, water, wetland, and wildlife sciences'' and ``owners of
nonindustrial private forest land'' as members of the committee. The
2008 Act removed the U.S. Fish and Wildlife Service as a statutorily
identified member of the committee, and modified the requirement for
agriculture producer member participation. Agriculture producer members
are no longer required to have conservation expertise. Agriculture
producer members are now required to represent a variety of crops and
livestock or poultry raised within the State. The Secretary continues
to have discretionary authority to include other agency personnel with
expertise in soil, water, wetland, and wildlife management. These
changes are reflected in Sec. 610.22 of this regulation, and the
language in the standard operating procedures addresses the composition
of the committees which is broad enough to add members that have
experience to address agricultural and natural resources issues
regardless of race, color, national origin, gender, sex, or disability
status. Outreach and communication strategies are in place to ensure
that potential members will be provided the same information to allow
them to make informed decisions regarding membership. The State
Technical Committee membership applies to all persons equally
regardless of race, color, national origin, gender, sex, or disability
status. Therefore, the State Technical Committee rule portends no
adverse civil rights implications for minorities, women, or persons
with disabilities. Copies of the Civil Rights Impact Analysis may be
obtained from Dan Lawson, Acting Director, Conservation Planning and
Technical Assistance Division, Department of Agriculture, Natural
Resources Conservation Service, 1400 Independence Avenue, SW., Room
6015 South Building, Washington, DC 20250.
Environmental Analysis
The final rule involves the establishment of State Technical
Committees. As provided by 7 CFR part 1b.3--Categorical Exclusions, the
final rule involves administrative functions that are categorically
excluded from further environmental review under the National
Environmental Policy Act. Specifically, 7 CFR part 1b.3 states: (a) The
following are categories of activities which have been determined not
to have a significant individual or cumulative effect on the human
environment and are excluded from the preparation of an environmental
assessment or environmental impact statement, unless individual agency
procedures prescribed otherwise.
(1) Policy development, planning, and implementation which relate
to routine activities, such as personnel, organizational changes, or
similar administrative functions;
(2) Activities which deal solely with the funding of programs, such
as program budget proposals, disbursements, and transfer or
reprogramming of funds;
(3) Inventories, research activities, and studies, such as resource
inventories and routine data collection
[[Page 66908]]
when such actions are clearly limited in context and intensity;
(4) Educational and informational programs and activities;
(5) Civil and criminal law enforcement and investigative
activities;
(6) Activities which are advisory and consultative to other
agencies and public and private entities, such as legal counseling and
representation; and
(7) Activities related to trade representation and market
development activities abroad.
The State Technical Committee rule meets the criteria for being a
categorical exclusion under Sec. 1b.3(1) policy development, planning,
and implementation which relate to routine activities, such as
personnel, organizational changes, or similar administrative functions;
and Sec. 1b.3(6) activities which are advisory and consultative to
other agencies and public and private entities, such as legal
counseling and representation.
Paperwork Reduction Act
Section 2904 of the 2008 Act provides that the promulgation of
regulations and administration of Title II of the Act will be made
without regard to chapter 35 of Title 44 of the U.S.C., also known as
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Therefore, NRCS is not reporting recordkeeping or estimated paperwork
burden associated with this final rule.
Executive Order 12988
This final rule has been reviewed in accordance with Executive
Order 12988, Civil Justice Reform. The provisions of this final rule
are not retroactive. The provisions of this final rule preempt State
and local laws to the extent that such laws are inconsistent with this
final rule. Before an action may be brought in a Federal court of
competent jurisdiction, the administrative appeal rights afforded
persons at parts 11, 614, and 780 of Title 7 of the CFR must be
exhausted.
Executive Order 13132
This final rule has been reviewed in accordance with the
requirements of Executive Order 13132, Federalism. The Department of
Agriculture (USDA) has determined that this final rule conforms with
the Federalism principles set forth in the Executive Order; would not
impose any compliance costs on the States; and would not have
substantial direct effects on the States, on the relationship between
the Federal Government and the States, or on the distribution of power
and responsibilities on the various levels of government. Therefore,
USDA concludes that this final rule does not have Federalism
implications.
Executive Order 13175
This final rule has been reviewed in accordance with Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments. NRCS has assessed the impact of this final rule on Indian
Tribal governments and has concluded that this rule will not 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.
Unfunded Mandates Reform Act of 1995
NRCS assessed the effects of this rulemaking action on State,
local, and Tribal governments, and the public. This action does not
compel the expenditure of $100 million or more by any State, local, or
Tribal governments or anyone in the private sector; therefore, a
statement under section 202 of the Unfunded Mandates Reform Act of 1995
is not required.
Discussion of State Technical Committees
Interim Final Rule and Standard Operating Procedures
NRCS published an interim final rule on November 25, 2008. This
rule incorporated changes to 7 CFR part 610, subpart C, required by the
2008 Act amendments to Subtitle G of Title XII of the Food Security Act
of 1985 (1985 Act). The 2008 Act changed the composition and
responsibilities of State Technical Committees. Specifically, the 2008
Act added ``agricultural producers and other professionals that
represent a variety of disciplines in the soil, water, wetland, and
wildlife sciences'' and ``owners of nonindustrial private forest land''
as eligible members of the committee. The 2008 Act removed several
Federal agencies as statutorily identified members of the committee,
and modified the requirement for agriculture producer member
participation. The requirement that agricultural producer members have
``demonstrable conservation expertise'' was deleted and replaced with a
requirement that agricultural producer members represent a variety of
crops and livestock or poultry raised within the State. NRCS continues
to have discretionary authority to include other agency personnel with
expertise in soil, water, wetland, and wildlife management. These
changes were reflected in Sec. 610.22 of the interim final rule.
Section 1261(c) of the 1985 Act, as revised by the 2008 Act, states
that: ``each State Technical Committee will be composed of agricultural
producers and other professionals that represent a variety of
disciplines in soil, water, wetland, and wildlife sciences.'' To ensure
that recommendations of State Technical Committees take into account
the needs of the diverse groups served by USDA, the interim final rule
provided in Sec. 610.22 that committee membership will include, to the
extent practicable, individuals with demonstrated ability to represent
the conservation and related technical concerns of particular
historically underserved groups and individuals; i.e. minorities,
women, persons with disabilities, socially and economically
disadvantaged groups, and beginning farmers and ranchers. Since the
State Conservationist determines the membership on the State Technical
Committee, individuals or groups wanting to participate as members may
submit to the State Conservationist a request that explains their
interest and outlines their relevant credentials for becoming a member.
The State Conservationist ensures that all interests are adequately
represented and heard on the committee, and that the recommendations,
when adopted, address natural resource concerns.
Section 1261 of the 1985 Act provides that each committee is
advisory and has no implementation or enforcement authority. The 2008
Act amendments continue this provision in Section 1262(c)(1). However,
in Section 1262(c)(2), the committees' role is expanded to provide
advice on whether Local Work Groups are addressing State priorities. In
the interim final rule, NRCS revised Sec. 610.24(c) to incorporate
this change.
The 2008 Act amendments to Section 1261(b)(1) require the Secretary
to establish standard operating procedures for committees. NRCS
published standard operating procedures as a notice in the Federal
Register on April 7, 2009. NRCS incorporated these procedures in agency
directives which are available through the NRCS State Technical
Committees' Web site and offices.
The 2008 Act stated that any Local Working Group will be considered
to be a subcommittee of the applicable State Technical Committee, and
thus exempt from the Federal Advisory Committee Act (FACA). NRCS
changed Sec. 610.21, Purpose and Scope, and Sec. 610.25, Specialized
Subcommittees, in the
[[Page 66909]]
interim final rule to incorporate this statutory provision.
Discussion of Comments
NRCS received a total of 16 responses from Soil and Water
Conservation Districts (SWCDs), State Associations of Conservation
Districts, Indian Nations Conservation Alliance, conservation and
agriculture interests, State natural resource agencies, Association of
Fish and Wildlife Agencies, and a Federal agency. NRCS received many
positive comments including the following: One respondent appreciated
the use of subcommittees to address specific issues; another respondent
applauded the change exempting Local Working Groups from the FACA in
order that stakeholders may also take part in the discussion; three
respondents approved of the addition of the State Technical Committees'
role in the review of Local Working Groups to ensure consistency;
another respondent approved of the public attendance at meetings; one
respondent supported the 14-day public notice; another respondent
expressed support for the standard operating procedures; and one
respondent supported the addition of ``owners of non-industrial private
forest land'' required by the 2008 Act. NRCS appreciates receiving this
feedback which affirms the language in the interim final rule and
standard operating procedures.
Other comments generally reflected the need for NRCS to enhance
communication between the agency and the committees, as well as ensure
that all groups are adequately represented on the committees. The
comments are categorized by topic.
1. Responsibilities of State Technical Committees
Comment: Seven respondents requested that NRCS expand the list of
activities in Sec. 610.24(a). Among these responses, one respondent
recommended NRCS include Highly Erodible Land and Wetland Conservation
provisions; two respondents requested the Conservation Cooperative
Partnership Initiative (CCPI); one recommended the Agricultural
Management Assistance (AMA) Program be added; another respondent
recommended adding the Conservation Innovation Grants and the
Agricultural Water Enhancement Program; another respondent requested
interim conservation practice standard creation and revision be added,
including conservation practice standards for specialty crops, organic
production, precision agriculture, energy conservation and bioenergy
production, native and managed pollinators, and forestry; and another
respondent requested State-specific conservation practice standards,
policies, guidelines, and programs.
One respondent requested Sec. 610.24 be expanded to include after
the list of programs the following: ``Each State Technical Committee
may also provide advice on such other programs or conservation issues
as may be requested by the State Conservationist.''
Response: NRCS partially agrees with the respondents and amends
Section Sec. 610.24(a) to include the CCPI and conservation practice
standards and specifications. The AMA Program is not listed since it is
not a Title XII program under the 1985 Act, and therefore not
encompassed by the statutory authority of State Technical Committees
under Subtitle G of Title XII. In response to the comments received,
NRCS is inserting ``not limited to'' in the sentence preceding the
listed activities and programs. This is to clarify that State Technical
Committees may offer recommendations on programs and activities other
than the ones listed as long as they are within Title XII.
Comment: One respondent recommended adding subprogram allocation
decisions to the list of recommendations to be made by the State
Technical Committee in Sec. 610.24 (a).
Response: No changes were made to the rule in response to this
comment. NRCS believes the updated language in Sec. 610.24 allows for
the issue to be a topic of discussion for State Technical Committees.
2. State Technical Committee and Local Working Group Membership
Comments: Numerous comments were received regarding the composition
of State Technical Committees and Local Working Groups. Two respondents
were concerned that State Conservationists may be more restrictive than
Congress intended. Respondents suggested a number of adjustments to
specifically recognize certain groups including: Tribal conservation
districts; non-profit organizations with expertise reaching beginning
and socially disadvantaged farmers and ranchers; U.S. Fish and Wildlife
Service; a representative of State Fish and Wildlife Agencies; State
Forestry Associations; and representatives from Federal, State or local
government agencies with statutory responsibility for the resources
being analyzed by the subcommittee. They also requested clarification
that the list is not exhaustive and that the requirement for
agriculture producers to have conservation expertise be reinstated.
Another respondent wanted a broad array of agencies, organizations,
producers, and conservation professionals to serve on Local Working
Groups, and another respondent commented that the State Conservationist
should have broad latitude to invite and allow varied expertise while
keeping the State Technical Committee to a workable size.
Another respondent requested that the standard operating procedures
make it clear that Local Working Groups need to include members with
expertise to identify the most significant environmental challenges
associated with agriculture production.
Response: The 2008 Act removed specific membership for several
Federal agencies and supported broad representation from the
agriculture community. The interim final rule mirrored the statute in
terms of the composition of the State Technical Committee. However,
NRCS believes it is important to obtain and utilize the expertise of
representatives from the conservation and agriculture communities, as
well as Federal and State agencies, and does not want to limit a State
Conservationist's ability to have access to necessary resources. NRCS
has incorporated the following policy in the standard operating
procedures: ``* * * the State Conservationist will invite other Federal
agencies and persons knowledgeable about economic and environmental
impacts of conservation techniques and programs to participate, as
needed.'' Additionally, NRCS incorporated language in Sec. 610.22 of
this final rule to address membership concerns. Specifically, NRCS
revised the language in paragraph (a)(6) to remove the acreage size
requirement for the Federally recognized Indian Tribes; in paragraph
(b) added as invitees State and regional agencies and organizations; in
paragraph (c) added Beginning Farmers and Ranchers; and in paragraph
(d) clarified that it is the responsibility of the State
Conservationist to seek a balanced representation of interests among
the membership.
Further, NRCS addressed concerns related to historically
underserved groups by including the following in the standard operating
procedures: ``To ensure that recommendations of State Technical
Committees take into account the needs of diverse groups served by
USDA, membership will include, to the extent practicable, individuals
with demonstrated ability to represent the conservation and related
technical concerns of particular historically
[[Page 66910]]
underserved groups and individuals including, but not limited to, the
following:
Minorities;
Women;
Persons with disabilities; and
Socially and economically disadvantaged groups.''
Comments: Two respondents requested that NRCS revise Sec.
610.22(d) regarding decisions to deny membership. One respondent
recommended NRCS require that if the State Conservationist rejects an
application for participation, they inform the applicant of the grounds
for rejection. Another respondent recommended specific language related
to the ability to appeal these decisions. One respondent recommended
the statement, ``It is the State Conservationist's responsibility to
ensure equal representation of all interests'' be included. Another
respondent recommended that NRCS insert the word ``individual'' before
the word ``membership.''
Response: NRCS agrees with most of the comments and has
incorporated the following language in the standard operating
procedures, ``The State Conservationist will respond to requests for
State Technical Committee membership in writing within a reasonable
period of time, not to exceed 60 days.'' In Sec. 610.22(d) of the
final rule, NRCS added clarification that it is the responsibility of
the State Conservationist to seek a balanced representation of
interests among the membership on the State Technical Committee.
However, decisions related to membership are at the discretion of the
State Conservationist.
Comment: One respondent commented that most Tribal conservation
districts and many socially disadvantaged community-based organizations
do not have the resources to pay travel expenses for a representative
to attend State Technical Committee meetings. The respondent asked
whether NRCS can cover the cost of these travel expenses.
Response: Tribal conservation districts and socially disadvantaged
farmers and ranchers' participation in State Technical Committee
meetings is important to NRCS. NRCS is not offering to pay expenses of
State Technical Committee participants; however, State Conservationists
may have various means of facilitating the participation of producers
and organizations in State Technical Committee meetings such as the use
of net conference hook-ups in remote locations, holding State Technical
Committee meetings in strategic locations, and other arrangements. If
an individual or an organization is having difficulty participating on
the State Technical Committee because of limited financial resources,
it is recommended that the matter be brought to the attention of the
State Conservationist. No changes were made to the rule in response to
this comment.
Comment: One respondent recommended that Sec. 610.24 be
extensively rewritten prior to issuing the final rule. The rewrite
should include a clear description of the membership and meetings of
State Technical Committee subcommittees, including but not limited to
Local Working Groups, and should include a clear and comprehensive
description of the Local Working Group's responsibilities.
Response: In response to this comment, NRCS has incorporated
language in the standard operating procedures relating to these issues
and has modified Sec. 610.25(b)(3) in the final rule. The public can
view the standard operating procedures at the following Web address:
http://directives.sc.egov.usda.gov/, or obtain a copy from their local
NRCS office.
Comment: One respondent recommended that NRCS revise Sec.
610.25(b) and in the interim, before issuing the final rule, issue more
immediate guidance to direct State Conservationists to include non-
profit organizations to participate on Local Working Groups.
Response: NRCS has modified Sec. 610.25(b)(3) as a result of this
comment. Also, the recently published standard operating procedures
contain a discussion on membership of Local Working Groups and will be
updated as a result of this and other comments.
Comment: One respondent commented that it is important that the
rule is clear that the work of State Technical Committees will continue
even if some required representatives choose not to participate
regularly.
Response: NRCS concurs with the suggestion and will insert ``if
willing to serve'' in the final rule to clarify that the work of State
Technical Committees will continue in the absence of a representative
from an invited group.
3. State Conservationists' Response to Recommendations
Comments: Seven respondents commented about communication between
the Local Working Group, State Technical Committee, and the State
Conservationist and the importance of receiving feedback on Local
Working Group recommendations. Several requested that if the
recommendations are not incorporated into the USDA program delivery
system, NRCS should state the reasons behind that decision.
Response: NRCS agrees with the comments and has established the
following policy within the standard operating procedures: ``The State
Conservationist will inform the State Technical Committee as to the
decisions made in response to all State Technical Committee
recommendations within 90 days. This notification will be made in
writing to all State Technical Committee members and posted to the NRCS
State Web site.''
4. Subcommittees
Comment: One respondent commented that the interim final rule
requires State Technical Committee subcommittees to provide
recommendations they develop to the State Technical Committee in a
general session where the public is notified and invited to attend, but
it does not impose the same requirement on Local Working Groups.
Response: Specialized subcommittees of State Technical Committees
may or may not have public participation; and, therefore, the standard
operating procedures state that subcommittee recommendations are to be
brought forth to the State Technical Committee, where the public is
invited, for review or action. The same requirement is not imposed on
Local Working Groups as the meetings are open to the public. In regard
to the mechanism(s) to be used by State Technical Committees to review
whether Local Working Groups are addressing State priorities, NRCS is
suggesting that State Conservationists recommend a process to the State
Technical Committees that accommodates the needs of their respective
States.
Comment: One respondent recommended Sec. 610.25 be revised to add
a statement requiring that State Conservationists open the invitation
to participate on subcommittees to the entire State Technical
Committee.
Response: NRCS revised Sec. 610.25(a) in the final rule to read,
``In some situations, specialized subcommittees, made up of State
Technical Committee members, may be needed to analyze and examine
specific issues. The State Conservationist may assemble certain
members, including members of Local Working Groups and other
knowledgeable individuals, to discuss, examine, and focus on a
particular technical or programmatic topic.'' The recommendations from
the subcommittee are to be presented to the full State Technical
Committee.
[[Page 66911]]
5. Local Working Groups
Comments: Four respondents commented on the importance of SWCDs
convening Local Working Groups. The respondents stated that SWCDs are
uniquely positioned to undertake the process of bringing everyone
together to provide input. Another respondent commented that SWCDs be
supported with additional resources so that they have the capacity to
fulfill their mandated responsibilities.
Response: NRCS agrees that SWCDs are uniquely positioned to
organize and convene the Local Working Groups and has incorporated the
following language in the standard operating procedures, ``Local
Working Groups are normally chaired by the appropriate SWCD. In the
event the SWCD is not able, or does not choose to chair the Local
Working Group, NRCS' district conservationist (or designated
conservationist) will be responsible for those duties.'' This language
has already been incorporated into the NRCS Conservation Programs
Manual (440) subpart B, part 501 (see http://directives.sc.egov.usda.gov/). NRCS views these comments as relating to
procedural issues and, therefore, did not make any changes to the
regulation.
NRCS recognizes the importance of the SWCD having an adequate level
of resources necessary to fulfill their responsibilities. However, no
changes were made to the rule in response to this comment. NRCS
believes this suggestion is beyond the scope of this regulation.
Comments: Five respondents commented that they did not feel it is
appropriate to expect the State Conservationist to be present at all
Local Working Group meetings. NRCS should be represented by the
district conservationist or designated conservationist.
Response: NRCS did not intend for State Conservationists to be
present at Local Working Group meetings. Although NRCS did not make
changes to the rule in response to this comment, the agency will
clarify its operating procedure.
Comment: One respondent commented that Local Working Groups should
meet once per year at a minimum.
Response: NRCS agrees with the comment and has incorporated the
following language in the standard operating procedures: ``The Local
Working Group should meet at least once each year at a time and place
designated by the Chairperson, unless otherwise agreed to by the
members of the Local Working Group. Other meetings may be held at the
discretion of the Chairperson. Meetings will be called by the
Chairperson whenever it is determined that there is business that
should be brought before the Local Working Group.''
Comments: Five respondents requested that the Local Working Group,
as a subcommittee to the State Technical Committee, provide a report to
the State Conservationist and a summary of all Local Working Group
meetings be presented during the State Technical Committee meeting.
Respondents differed in their recommendations on the NRCS
representative that should receive the report. Recommendations included
delivering it to the State Conservationist, district conservationist,
or area conservationist.
Response: NRCS agrees with the comments and has addressed them in
the standard operating procedures as follows: ``Local Working Group
recommendations are to be submitted to State Technical Committee
Chairperson or the district conservationist (or designated
conservationist), as appropriate, within 14 calendar days after a
meeting.'' The standard operating procedures allow for flexibility in
the procedure by which Local Working Group recommendations are
forwarded to the State Technical Committee. Ultimately, the intent is
to ensure that the State Technical Committee receives the information.
Comment: One respondent was concerned that the process to obtain,
evaluate, and implement recommendations of Local Working Groups may be
overly complicated and burdensome to accomplish in a timely manner. The
respondent encouraged simplification in the process and that
significant weight be given to local and State priorities in
determining allocation of NRCS program funds.
Response: NRCS appreciates the respondent's comment regarding an
overly complicated process and has attempted to provide a ``blueprint''
for States to operate State Technical Committees in an efficient
manner, as well as allow for adequate flexibility for States to tailor
the State Technical Committee operations to meet their needs. No
changes were made to the rule in response to this comment; however, the
agency will consider this comment when updating the current standard
operating procedures.
Comment: One respondent commented that Local Working Groups should
provide the State Technical Committee with information on their
recommendations, including the process used to develop the
recommendations.
Response: NRCS agrees that this requirement would help Local
Working Groups support their recommendations; however, requiring the
Local Working Groups to do this may overly complicate the process. No
changes were made to the rule in response to this comment. The agency
encourages Local Working Groups to include additional information to
support their recommendations.
Comment: One respondent commented that Sec. 610.25(b)(2) be
modified to allow for Local Working Groups to not only provide
recommendations on local natural resource priorities and criteria for
conservation activities and programs, but to also provide input to the
State Technical Committee for their consideration in establishing State
priorities.
Response: This comment is addressed in the standard operating
procedures through the following language, ``Local Working Group
recommendations are to be submitted to the State Technical Committee
Chairperson or the district conservationist (or designated
conservationist), as appropriate, within 14 calendar days after a
meeting.'' The Local Working Group recommendations may include input
related to establishing State priorities.
6. Other
Comment: One respondent recommended NRCS establish a Web page for
State Technical Committee and Local Working Group meetings to include
membership lists, meeting announcements, agenda, minutes, and any
determinations related to recommendations.
Response: NRCS generally agrees with this comment and has already
included the suggestion in the standard operating procedures.
Comment: One respondent commented that State Conservationists
should have the discretion to take additional transparency and
accountability steps beyond the national standard operating procedures.
Response: NRCS agrees that State Conservationists should have this
discretion. The national policy in the standard operating procedures
details the minimum requirements governing the operation of State
Technical Committees. State Conservationists have the discretion and
flexibility to make management decisions providing all applicable laws
and regulations are followed. No changes were made to the rule in
response to this comment.
Comment: One respondent recommended that the public notice of the
State Technical Committee meetings
[[Page 66912]]
include the proposed agenda and the links to any relevant documents
that may be available on the Web. The respondent also recommended that
State Technical Committee members be provided with any documents which
will be under discussion at least 14 days before the meeting.
Response: The suggestion was included in the standard operating
procedures, ``The State Conservationist will prepare a meeting agenda
and provide it to the committee members at least 14 calendar days prior
to a scheduled meeting.'' As this recommendation is included in policy,
no changes were made to the rule in response to this comment.
Comment: One respondent requested the 14-day meeting notice be
modified to a 30-day meeting notice to allow for less conflict and more
participation.
Response: While the 14 days is a minimum, NRCS recognizes that more
advance notice is desirable. Many State Technical Committees find that
establishing a schedule for regular (e.g. quarterly) meetings works
well. No changes were made to the rule in response to this comment.
Comment: One respondent commented that standard operating
procedures should be clear that ``effectively utilizing State Technical
Committees'' means using the expertise of its members, specifically
scientists and other personnel of State and Federal agencies. Standard
operating procedures should be clear that State Technical Committees
are to assist the State Conservationist in targeting conservation
program resources in a manner that ensures the programs are effective
in helping producers produce significant environmental benefits for the
public.
Response: Although no changes were made to the rule in response to
this comment, the rule states, ``State Technical Committees are to
provide information, analysis, and recommendations to appropriate
officials of the Department of Agriculture who are charged with
implementing and establishing priorities and criteria for natural
resources conservation activities and programs under Title XII of the
1985 Act.'' NRCS believes that ``helping producers produce significant
environmental benefits'' is embedded in the individual conservation
program authorities, selection criteria, and other processes.
Comment: One respondent recommended NRCS issue a notice of proposed
standard operating procedures and allow a 30-day public comment period.
Response: NRCS agrees with this comment. The agency published the
standard operating procedures as a notice in the Federal Register on
April 7, 2009. The notice provided a 60-day public comment period and
requested public input on NRCS' updated policy, including standard
operating procedures for State Technical Committees. No changes were
made to the rule in response to this comment because this
recommendation was implemented.
Comment: One respondent recommends that prior to NRCS drafting and
publishing the standard operating procedures, NRCS should solicit from
State Conservationists and State offices substantive input,
suggestions, and recommendations for creating the standard operating
procedures.
Response: NRCS agrees with this comment and followed this
suggestion prior to publishing the standard operating procedures in the
Federal Register on April 7, 2009.
Comment: One respondent requested NRCS add ``and the USDA agency
will address the concerns of the State Technical Committee'' to the
last sentence of Sec. 610.24(b).
Response: The last sentence of Sec. 610.24(b) of the interim final
rule states, ``the implementing USDA agency will give strong
consideration to the State Technical Committee recommendations.'' NRCS
believes all State Technical Committee recommendations should be
strongly considered; however, the USDA agencies may not be able to
address or effect every recommendation. Therefore, no changes were made
to the rule in response to this comment.
List of Subjects in 7 CFR Part 610
Soil conservation, State Technical Committee, Technical assistance,
and Water resources.
0
For the reasons stated in the preamble, NRCS amends part 610 of Title 7
of the CFR as follows:
PART 610--TECHNICAL ASSISTANCE
0
1. The authority citation for part 610 continues to read as follows:
Authority: 16 U.S.C. 590a-f, 590q, 2005b, 3861, 3862.
0
2. Subpart C is revised to read as follows:
Subpart C--State Technical Committees
Sec.
610.21 Purpose and scope.
610.22 State Technical Committee membership.
610.23 State Technical Committee meetings.
610.24 Responsibilities of State Technical Committees.
610.25 Subcommittees and Local Working Groups.
Subpart C--State Technical Committees
Sec. 610.21 Purpose and scope.
This subpart sets forth the procedures for establishing and using
the advice of State Technical Committees. The Natural Resources
Conservation Service (NRCS) will establish in each State a Technical
Committee to assist in making recommendations relating to the
implementation and technical aspects of natural resource conservation
activities and programs. The Department of Agriculture (USDA) will use
State Technical Committees in an advisory capacity in the
administration of certain conservation programs and initiatives.
Pursuant to 16 U.S.C. 3862(d), these State Technical Committees and
Local Working Groups are exempt from the provisions of the Federal
Advisory Committee Act (5 U.S.C. App. 2).
Sec. 610.22 State Technical Committee membership.
(a) State Technical Committees will include agricultural producers,
nonindustrial private forest land owners, and other professionals who
represent a variety of disciplines in soil, water, wetlands, plant, and
wildlife sciences. The State Conservationist in each State will serve
as chairperson. The State Technical Committee for each State will
include representatives from among the following, if willing to serve:
(1) NRCS, USDA;
(2) Farm Service Agency, USDA;
(3) State Farm Service Agency Committee, USDA;
(4) Forest Service, USDA;
(5) National Institute of Food and Agriculture, USDA;
(6) Each of the Federally recognized Indian Tribes in the State;
(7) State departments and agencies within the State, including the:
(i) Fish and wildlife agency;
(ii) Forestry agency;
(iii) Water resources agency;
(iv) Department of agriculture;
(v) Association of soil and water conservation districts; and
(vi) Soil and water conservation agency;
(8) Agricultural producers representing the variety of crops and
livestock or poultry raised within the State;
(9) Owners of nonindustrial private forest land;
(10) Nonprofit organizations, within the meaning of section
501(c)(3) of the Internal Revenue Code of 1986, with
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demonstrable conservation expertise and experience working with
agriculture producers in the State; and
(11) Agribusiness.
(b) The State Conservationist will invite other relevant Federal,
State, and regional agencies, organizations, and persons knowledgeable
about economic and environmental impacts of natural resource
conservation techniques and programs to participate as needed.
(c) To ensure that recommendations of State Technical Committees
take into account the needs of the diverse groups served by USDA,
membership will include, to the extent practicable, individuals with
demonstrated ability to represent the conservation and related
technical concerns of particular historically underserved groups and
individuals; i.e., minorities, women, persons with disabilities,
socially and economically disadvantaged groups, and beginning farmers
and ranchers.
(d) In accordance with the guidelines in paragraphs (a), (b), and
(c) of this section, it is the responsibility of the State
Conservationist to seek a balanced representation of interests among
the membership on the State Technical Committee. Individuals or groups
wanting to participate on a State Technical Committee within a specific
State may submit a request to the State Conservationist that explains
their interest and outlines their credentials which they believe are
relevant to becoming a member. Decisions regarding membership are at
the discretion of the State Conservationist. State Conservationist
decisions on membership are final and not appealable to any other
individual or group within USDA.
Sec. 610.23 State Technical Committee meetings.
(a) The State Conservationist, as Chairperson, schedules and
conducts the meetings, although a meeting may be requested by any USDA
agency or State Technical Committee member.
(b) NRCS will establish and maintain national standard operating
procedures governing the operation of State Technical Committees and
Local Working Groups in its directive system. The standard operating
procedures will outline items such as: The best practice approach to
establishing, organizing, and effectively utilizing State Technical
Committees and Local Working Groups; direction on publication of State
Technical Committee and Local Working Group meeting notices and
agendas; State Technical Committee meeting summaries; how to provide
feedback on State Conservationist decisions regarding State Technical
Committee recommendations; and other items as determined by the Chief.
(c) In addition to the standard operating procedures established
under paragraph (b) of this section, the State Conservationist will
provide public notice and allow public attendance at State Technical
Committee and Local Working Group meetings. The State Conservationist
will publish a meeting notice no later than 14 calendar days prior to a
State Technical Committee meeting. Notification may exceed this 14-day
minimum where State open meeting laws exist and provide for a longer
notification period. This minimum 14-day notice requirement may be
waived in the case of exceptional conditions, as determined by the
State Conservationist. The State Conservationist will publish this
notice in at least one or more newspaper(s), including recommended
Tribal publications, to attain statewide circulation.
Sec. 610.24 Responsibilities of State Technical Committees.
(a) Each State Technical Committee established under this subpart
will meet on a regular basis, as determined by the State
Conservationist, to provide information, analysis, and recommendations
to appropriate officials of USDA who are charged with implementing and
establishing priorities and criteria for natural resources conservation
activities and programs under Title XII of the Food Security Act of
1985 including, but not limited to, the Conservation Reserve Program,
Wetlands Reserve Program, Conservation Security Program, Conservation
Stewardship Program, Farm and Ranch Lands Protection Program, Grassland
Reserve Program, Environmental Quality Incentives Program, Conservation
Innovation Grants, Cooperative Conservation Partnership Initiative,
Agricultural Water Enhancement Program, Conservation of Private Grazing
Land, Wildlife Habitat Incentive Program, Grassroots Source Water
Protection Program, Great Lakes Basin Program, Chesapeake Bay Watershed
Initiative, and the Voluntary Public Access and Habitat Incentive
Program. The members of the State Technical Committee may also provide
input on other natural resource conservation programs and issues as may
be requested by the State Conservationist or other USDA agency heads at
the State level as long as they are within the programs authorized by
Title XII. Such recommendations may include, but are not limited to,
recommendations on:
(1) The criteria to be used in prioritizing program applications;
(2) The State-specific application criteria;
(3) Priority natural resource concerns in the State;
(4) Emerging natural resource concerns and program needs; and
(5) Conservation practice standards and specifications.
(b) The role of the State Technical Committee is advisory in
nature, and the committee will have no implementation or enforcement
authority. The implementing agency reserves the authority to accept or
reject the committee's recommendations. However, the implementing USDA
agency will give strong consideration to the State Technical
Committee's recommendations.
(c) State Technical Committees will review whether Local Working
Groups are addressing State priorities.
Sec. 610.25 Subcommittees and Local Working Groups.
(a) Subcommittees. In some situations, specialized subcommittees,
made up of State Technical Committee members, may be needed to analyze
and examine specific issues. The State Conservationist may assemble
certain members, including members of Local Working Groups and other
knowledgeable individuals, to discuss, examine, and focus on a
particular technical or programmatic topic. The subcommittee may seek
public participation, but it is not required to do so. Nevertheless,
recommendations resulting from these subcommittee sessions, other than
sessions of Local Working Groups, will be made only in a general
session of the State Technical Committee where the public is notified
and invited to attend. Decisions resulting from recommendations of
Local Working Groups will be communicated to NRCS in accordance with
the standard operating procedures described in Sec. 610.23(b).
(b) Local Working Groups. (1) Local Working Groups will be composed
of conservation district officials, agricultural producers representing
the variety of crops and livestock or poultry raised within the local
area, nonindustrial private forest land owners, and other professionals
representing relevant agricultural and conservation interests and a
variety of disciplines in the soil, water, plant, wetland, and wildlife
sciences who are familiar with private land agricultural and natural
resource issues in the local community;
(2) Local Working Groups will provide recommendations on local
[[Page 66914]]
natural resource priorities and criteria for conservation activities
and programs; and
(3) Local Working Groups will follow the standard operating
procedures described in Sec. 610.23(b).
Signed this 10th day of December 2009 in Washington, DC.
Dave White,
Chief, Natural Resources Conservation Service.
[FR Doc. E9-30055 Filed 12-16-09; 8:45 am]
BILLING CODE 3410-16-P