[Federal Register Volume 74, Number 47 (Thursday, March 12, 2009)]
[Rules and Regulations]
[Pages 10673-10674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5083]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Rules
and Regulations
[[Page 10673]]
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
7 CFR Part 636
RIN 0578-AA49
Wildlife Habitat Incentive Program Correction
AGENCY: Natural Resources Conservation Service, United States
Department of Agriculture.
ACTION: Interim final rule; correction and extension of comment period.
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SUMMARY: The Natural Resources Conservation Service published in the
Federal Register of January 16, 2009, an interim final rule with
request for comment amending the program regulations for the Wildlife
Habitat Incentive Program (WHIP) to incorporate programmatic changes
authorized by the Food, Conservation, and Energy Act of 2008 (2008
Act). The language in the interim final rule regarding the application
of the payment limitation to joint operations was incorrect and is
inconsistent with payment attributions specified in the regulation
which governs payment limitations and eligibility determinations for
CCC-funded programs. This document corrects that language. NRCS is also
using the opportunity presented by this rulemaking to extend the
comment period by an additional 30 days and ask for public input on key
programmatic implementation questions.
DATES: This correction is effective on March 12, 2009. The comment
period for the WHIP Interim Final Rule published on January 16, 2009,
is hereby extended and comments must be received on or before April 17,
2009. Additionally, NRCS has extended the public comment period for the
Environmental Analysis (EA) and Finding of No Significant Impact
(FONSI) until April 17, 2009. A copy of the EA and FONSI may be
obtained, and comments submitted, as provided for in the January 16,
2009, WHIP interim final rule.
FOR FURTHER INFORMATION CONTACT: Gregory Johnson, Director, Financial
Assistance Programs Division, U.S. Department of Agriculture, Natural
Resources Conservation Service, Room 5237, P.O. Box 2890, Washington,
DC 20013-2890; Phone: (202) 720-1845; Fax: (202) 720-4265.
SUPPLEMENTARY INFORMATION: The NRCS published an interim final rule in
the Federal Register of January 16, 2009 (74 FR 2786), amending the
program regulations for WHIP found at 7 CFR part 636. The language in
the interim final rule regarding the application of the payment
limitation to joint operations was incorrect. The WHIP interim final
rule inadvertently applied the $50,000 annual payment limitation to
joint operations by applying the payment limitation with the term
``participants,'' which is defined to include ``joint operations.'' A
joint operation is composed of members who may be either persons or
legal entities. As specified under 7 CFR part 1400, payment limitations
are determined on a pro-rata basis in accordance with the ``interest
held by the person or legal entity in any other legal entity or joint
operation.'' Based on how joint operations are characterized in part
1400.106, the $50,000 annual payment limit applies to each person or
legal entity that comprises the joint operation. Within the 7 CFR 636's
preamble, the discussion on payment limitation should apply solely to
persons or legal entities. NRCS removes references to payment
limitations applying to joint operations.
Request for Public Input
USDA furthers the Nation's ability to increase renewable energy
production and conservation, mitigate the effects and adapt to climate
change, and reduce net carbon and greenhouse gas (GHG) emissions
through various assistance programs.
USDA is increasing renewable energy production through facilitating
the availability, adoption, and use of wind, solar, and biofuel energy
sources. USDA encourages renewable energy production by funding biofuel
technology transfer under Conservation Innovation Grants and through
facilitating wind and solar power generation facilities for on-farm use
on conservation lands under the Conservation Reserve Program and the
Grassland Reserve Program.
Energy conservation is improved through more efficient equipment
and processes. The Environmental Quality Incentives Program (EQIP)
fosters energy conservation on farms and ranches by promoting efficient
water irrigation systems, no-till, and nutrient management and
promoting renewable energy production by installing solar-generated
electric fences.
The effects of climate change can be mitigated through improving
the adaptability of ecosystems and flexibility of agricultural
management systems, including reductions in GHG emissions. WHIP
improves ecosystem adaptability by enhancing wildlife habitat
biodiversity and the Agricultural Management Assistance program
promotes flexible management system through integrated pest management.
Climate change adaptation occurs through the adoption of
alternative management systems which respond to changes such as
decreasing precipitation, longer growing seasons, and increasing
vulnerability to pest damage. USDA conservation programs, such as the
Agricultural Water Enhancement Program, encourage the adoption of water
conservation systems and dry land farming.
Net carbon emissions can be reduced by reducing fossil fuel use or
increasing the land's carbon storage capacity. USDA conservation
programs, such as EQIP, assist participants with reducing fossil fuel
use through no-till and other conservation tillage cropping systems
which require fewer trips over a field with a tractor. The Wetlands
Reserve Program and Healthy Forests Reserve Program sequester carbon by
encouraging agricultural land reforestation. The Conservation
Stewardship Program encourages conservation tillage activities that
improve soil carbon storage.
While much is underway, USDA has adopted a proactive strategy to
increase its ability to meet these critical national needs. Therefore,
NRCS is using this rulemaking opportunity to obtain input from the
public on how WHIP can achieve its program purposes and
[[Page 10674]]
further the Nation's efforts with renewable energy production, energy
conservation, mitigating the effects of climate change, facilitating
climate change adaptation, or reducing net carbon emissions. For
further information on these subjects you may wish to look at the
following Web site: http://www.koshland-science-museum.org/exhibitgcc/.
0
For the reasons stated in the preamble, the NRCS amends part 636 of
Title 7 of the Code of Federal Regulations as set forth below:
PART 636--WILDLIFE HABITAT INCENTIVE PROGRAM
0
1. The authority citation for part 636 continues to read as follows:
Authority: 16 U.S.C. 3839bb-1.
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2. Section 636.4 is amended by revising paragraph (a)(11) to read as
follows:
* * * * *
Sec. 636.4 Program requirements.
* * * * *
(a) * * *
(11) With regard to any person or legal entity that utilizes a
unique identification number as an alternative to a tax identification
number, the person or legal entity will utilize only that identifier
for any and all other WHIP cost-share agreements to which the person or
legal entity is party. Violators will be considered to have provided
fraudulent representation and be subject to the full penalties of Sec.
638.13 of this part.
* * * * *
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3. Section 636.7 is amended by revising paragraph (f) to read as
follows:
Sec. 636.7 Cost-share payments.
* * * * *
(f) Payments made or attributed to a person or legal entity,
directly or indirectly, may not exceed in the aggregate, $50,000 per
year.
* * * * *
Signed this 4th day of March 2009, in Washington, DC.
Dave White,
Acting Vice President, Commodity Credit Corporation and Acting Chief,
Natural Resources Conservation Service.
[FR Doc. E9-5083 Filed 3-11-09; 8:45 am]
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