[Federal Register Volume 74, Number 65 (Tuesday, April 7, 2009)]
[Proposed Rules]
[Pages 15673-15677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7771]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 /
Proposed Rules
[[Page 15673]]
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
7 CFR Part 610
State Technical Committees
AGENCY: Natural Resources Conservation Service (NRCS), United States
Department of Agriculture (USDA).
ACTION: Standard operating procedures for State Technical Committees.
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SUMMARY: Section 1261(b)(1) of the Food Security Act of 1985, as
amended by the Food, Conservation, and Energy Act of 2008 (2008 Act)
requires the Secretary of Agriculture to develop standard operating
procedures to standardize the operations of State Technical Committees.
NRCS published an interim final rule for State Technical Committees, 7
CFR part 610, in the Federal Register on November 25, 2008, that states
NRCS will incorporate standard operating procedures for State Technical
Committees into its directives system and provide public notice of
those procedures. NRCS seeks public comment on this document that
includes the current NRCS standard operating procedures as set forth in
the NRCS directives system.
DATES: Comment Date: Submit comments on or before June 8, 2009.
ADDRESSES: You may send comments using any of the following methods:
Government-wide rulemaking Web site: Go to http://regulations.gov and follow the instructions for sending comments
electronically.
Mail: Conservation Technical Assistance Programs Division,
U.S. Department of Agriculture, Natural Resources Conservation Service,
1400 Independence Avenue, SW., Room 6015 South Building, Washington, DC
20250-2890.
Fax: (202) 720-2998
Hand Delivery: Room 6015 of the USDA South Office
Building, 1400 Independence Avenue, SW., Washington, DC 20250, between
9 a.m. and 4 p.m., Monday through Friday, except Federal holidays.
Please ask the guard at the entrance to the South Building to call
(202) 720-8851 in order to be escorted into the building.
This notice may be accessed via 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: Andree DuVarney, Branch Chief,
Conservation Technical Assistance, Conservation Planning and Technical
Assistance Division, U.S. Department of Agriculture, Natural Resources
Conservation Service, PO Box 2890, Room 6015--South Building,
Washington, DC 20013-2890; telephone: (202) 720-1510; fax: (202) 720-
2998; or e-mail: [email protected], Attn: State Technical
Committees.
SUPPLEMENTARY INFORMATION:
Background
NRCS establishes its policies and procedures through its directives
system. The NRCS national policy for State Technical Committees,
including standard operating procedures, can be accessed through the
NRCS directives system at: http://directives.sc.egov.usda.gov/. In
particular, the standard operating procedures for the State Technical
Committees can be found in the Programs Manual (440), Part 501, Subpart
B of the NRCS Directives System. NRCS has reprinted the current
standard operating procedures in this notice. NRCS reserves the right
to update its policy on State Technical Committees, including standard
operating procedures, without further Federal Register notice.
State Technical Committee Standard Operating Procedures
Part 501
Subpart B--State Technical Committees
501.10 Overview of State Technical Committees
(a) Introduction
The Secretary is required to establish a technical committee in
each State to advise on the implementation and technical aspects of
natural resource conservation programs and activities under Title XII
of the Food Security Act of 1985 (the 1985 Act), as amended.
(b) Statutory Authority
Sections 1261 and 1262 of the 1985 Act, as amended, establish the
State Technical Committees and define their legal roles and
responsibilities.
(c) Delegation of Responsibility to NRCS
The Secretary delegated responsibility for establishing technical
committees to NRCS. Although the State Conservationist chairs the
committee, State Technical Committees may be used in an advisory
capacity by other USDA agencies.
(d) Exemption From the Federal Advisory Committee Act
Section 1262 of the 1985 Act, as amended, exempts State Technical
Committees and Local Working Groups (Part 501.14) from the Federal
Advisory Committee Act requirements.
501.11 Roles and Responsibilities of State Technical Committees
(a) Introduction
State Technical Committees 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
1985 Act, as amended. Although State Technical Committees are advisory
in nature and have no implementation or enforcement authority, USDA
gives strong consideration to the State Technical Committees'
recommendations.
(b) Roles and Responsibilities Related to All Programs
Each State Technical Committee will provide information, analysis,
and recommendations for the following programs and initiatives, as
needed and where applicable:
Agricultural Water Enhancement Program
Chesapeake Bay Watershed Initiative
Conservation Compliance
Conservation Innovation Grants
Conservation Reserve Program
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Conservation Security Program
Conservation Stewardship Program
Conservation of Private Grazing Land
Cooperative Conservation Partnership Initiative
Environmental Quality Incentives Program
Farm and Ranch Lands Protection Program
Grassland Reserve Program
Grassroots Source Water Protection Program
Grazing Lands Conservation Initiative
Great Lakes Basin Program
Technical Service Providers
Voluntary Public Access and Habitat Incentive Program
Wetlands Reserve Program
Wildlife Habitat Incentive Program
(c) Example Recommendations
Such recommendations may include, but are not limited to:
Priority natural resource concerns in the State;
Criteria for priority watersheds for programmatic focus;
Appropriate mix of conservation programs and practices to
address natural resource concerns, including coordination with relevant
State and Tribal programs;
Cost-share rates as applied in payment schedules for
conservation practices;
Techniques for outreach to historically underserved
citizens;
Criteria to be used in ranking program applications;
Conservation practice standards; and
Innovative conservation practices and approaches.
(d) Review of Local Working Groups
Annually, the State Technical Committees will review whether Local
Working Groups are addressing State priorities and criteria for ranking
program applications.
(e) Role of the State Conservationist
The State Conservationist will:
Chair the committee;
Ensure representation of all interests, to the extent
practicable:
Give strong consideration to the committee's advice on
NRCS programs, initiatives, and activities;
Call and provide notice of public meetings;
Follow the Standard Operating Procedures; and
Provide other USDA agencies with recommendations from the
State Technical Committee for programs under their purview.
501.12 State Technical Committee Membership
(a) Introduction
Each State Technical Committee will be composed of agricultural
producers, owners/operators of nonindustrial private forest land, and
other professionals that represent a variety of interests and
disciplines in the soil, water, wetland, plant, and wildlife sciences.
(b) Composition
The State Technical Committee for each State shall include
representatives from among the following:
Natural Resources Conservation Service, USDA;
Farm Service Agency (FSA), USDA;
FSA State Committee, USDA;
Forest Service, USDA;
National Institute of Food and Agriculture, USDA;
Each of the Federally recognized American Indian Tribal
Governments and Alaskan Native Corporations encompassing 100,000 acres
or more in the State;
Association of soil and water conservation districts;
State departments and agencies within the State, including
the:
1. Agricultural agency;
2. Fish and wildlife agency;
3. Forestry agency;
4. Soil and water conservation agency; and
5. Water resources agency.
Agricultural producers representing the variety of crops
and livestock or poultry raised within the State;
Owners of nonindustrial private forest land;
Nonprofit organizations, within the meaning of section
501(c)(3) of the Internal Revenue Code of 1986, with demonstrable
conservation expertise and experience working with agricultural
producers in the State; and
Agribusiness.
(c) Other Members
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.
(d) Ensuring Diversity
To ensure that recommendations of the State Technical Committee
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 underserved groups and
individuals including, but not limited to, the following:
Minorities;
Women;
Persons with disabilities; and
Socially and economically disadvantaged groups.
501.13 Specialized Subcommittees of State Technical Committees
(a) Introduction
In some situations, specialized subcommittees composed of State
Technical Committee members may be needed to analyze and refine
specific issues. The State Conservationist may assemble certain
committee members, including members of Local Working Groups and other
experts, to discuss, examine, and focus on a particular technical or
programmatic topic, or combination of such.
(b) Public Involvement
Specialized subcommittees are open to the public and may seek
public participation, but they are not required to do so.
Recommendations of specialized subcommittees will be presented in
general sessions of State Technical Committees, where the public is
notified and invited to attend.
(c) Examples of Specialized Subcommittees
The following are examples of specialized subcommittees:
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Examples of specialized
subcommittees Program or topic Task
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Environmental Quality Environmental Provide input to
Incentives Program Ranking Quality Incentives develop State
Criteria Subcommittee. Program. ranking criteria
and make
recommendations to
the State Technical
Committee.
State Forestry Subcommittee. All programs........ Provide
recommendations to
the State Technical
Committee on
forestry
conservation
practices and
payment rates to be
supported in
conservation
programs.
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Conservation Easement Wetlands Reserve Develop
Geographic Rate Program and recommendations for
Subcommittee. Grassland Reserve the Geographic Area
Program. Rate Cap and
present it to the
State Technical
Committee.
Payment Schedule All cost-sharing Provide
Subcommittee. programs. recommendations for
practices and
payment rates for
conservation
programs that
support program
objectives and
State and local
priorities.
State Wildlife Subcommittee. Wildlife Habitat Provide
Incentive Program recommendations (to
(WHIP). the State Technical
Committee) for the
State WHIP plan
that incorporates
priorities of the
State comprehensive
wildlife action
plan and similar
plans and
initiatives.
Priority Watershed Chesapeake Bay Recommend priority
Subcommittee. Watershed watersheds for
Initiative. focusing funding
for effective use
of available
resources.
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501.14 Standard Operating Procedures for State Technical Committees
(a) Organization and Function
The State Conservationist will serve as the Chairperson of the
State Technical Committee.
State Technical Committees will be used to provide information,
analysis, and recommendations to NRCS and other USDA agencies
responsible for natural resource conservation activities and programs
under Title XII of the 1985 Act, as amended.
(b) Membership
Individuals or groups wanting to become a member on a State
Technical Committee within a specific State may submit to the State
Conservationist a request that explains their interest and outlines
their credentials for becoming a member of the State Technical
Committee. Decisions of the State Conservationist concerning membership
on the committee are final and not appealable.
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.
State Technical Committee membership will be posted on the NRCS
State Web site.
(c) Meeting Scheduling
The State Technical Committee should meet at least twice a year at
a time and place designated by the State Conservationist. Other
meetings may be held at the discretion of the State Conservationist.
Meetings will be called by the State Conservationist whenever it is the
opinion of the State Conservationist that there is business that should
be brought before the committee for action. Any USDA agency, however,
can make a request of the State Conservationist for a meeting.
(d) Public Notification
State Technical Committee and subcommittee meetings are open to the
public.
The State Conservationist will provide public notice of and allow
public attendance at all State Technical Committee meetings. The State
Conservationist will publish a meeting notice at least 14 calendar days
prior to the meeting. Notification may exceed the 14 calendar-day
minimum where State open meeting laws exist and require a longer
notification period. The minimum 14 calendar-day notice requirement may
be waived in the case of exceptional conditions, as determined by the
State Conservationist. The State Conservationist will publish this
meeting notice in one or more widely available newspaper(s), including
recommended Tribal publications, to achieve statewide and Tribal
notification. The meeting notice will also be posted to the NRCS State
Web site. The meeting notice will include meeting time, location,
agenda items, and point of contact.
(e) Meeting Content
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. Additional background materials may be provided
before the meeting at the discretion of the State Conservationist. The
minimum 14 calendar-day requirement may be waived in the case of
exceptional conditions, as determined by the State Conservationist.
Additional agenda items will be considered if submitted in writing
to the State Conservationist at least 5 working days prior to the
meeting. The State Conservationist may amend the agenda prior to the
meeting without notice to the State Technical Committee, or at the
meeting based on suggestions from participating members. The agenda
will be posted to the NRCS State Web site.
(f) Public Participation
Individuals attending State Technical Committee meetings will be
given the opportunity to address the committee and present their
opinions and recommendations. While presenters are encouraged to
provide written copies of their comments, they are not required to do
so.
State Conservationists are encouraged to request written comments
on agenda items from all members of the State Technical Committee
whether they are in attendance at the meeting or not. Subsequent to the
meeting, if the State Conservationist determines that additional
comments and recommendations are needed on specific topics, the State
Conservationist will mail a request for written comments to all members
of the State Technical Committee within 7 calendar days of the meeting.
The letter will fully explain the nature of the request for information
and provide at least 14 calendar days for a response. Comments received
will be summarized and presented at the next State Technical Committee
meeting and will be directly posted on the NRCS State Web site.
If time allows, opportunity to discuss non-agenda items will be
provided at the end of the meeting.
(g) Conducting Business
The meetings will be conducted as an open discussion among members.
Discussion will focus on the programs and activities identified in
Section 501.11(b). All recommendations will be considered.
The following guidelines will govern meeting discussions:
(1) The State Conservationist or his or her designee will lead the
discussion.
(2) Only one person may speak at a time. Every participant should
have an opportunity to speak. The State
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Conservationist or his or her designee is responsible for recognizing
speakers.
(3) State Technical Committees are advisory in nature and all
recommendations are considered. Members may be polled, but voting on
issues is not appropriate.
(4) The State Conservationist, in consultation with those members
present, may establish time limits for discussion on individual agenda
items.
(5) The State Conservationist will defer to the next meeting those
agenda items not covered because of time limits.
(h) Record of Meetings
Summaries for all State Technical Committee meetings will be
available within 30 calendar days of the committee meeting and
distributed to committee members. The summaries will be filed at the
appropriate NRCS State office and posted to the NRCS State Web site.
(i) Response to State Technical Committee Recommendations
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.
501.15 Local Working Groups
(a) Introduction
Local Working Groups are composed of agricultural producers,
owners/operators of nonindustrial private forest land, professionals
representing agricultural and natural resource interests, and
individuals representing a variety of disciplines in the soil, water,
wetland, plant, forestry, and wildlife sciences who are familiar with
agricultural and natural resource issues in the local community.
(b) Role of Local Working Groups
Local Working Groups provide recommendations to the District
Conservationist (or Designated Conservationist) and the State
Conservationist on local natural resource priorities and criteria for
conservation activities and programs listed in Section 501.11(b).
(c) Membership
Local Working Group membership should be diverse and focus on
agricultural interests and natural resource issues existing in the
local community. Membership should include agricultural producers
representing the variety of crops and livestock and/or poultry raised
within the local area; owners of nonindustrial private forest land, as
appropriate; representatives of agricultural and environmental
organizations; and representatives of governmental agencies carrying
out agricultural and natural resource conservation programs and
activities.
To ensure that recommendations of the Local Working Group take into
account the needs of diverse groups served by USDA, membership shall
include, to the extent practicable, individuals with demonstrated
ability to represent the conservation and related technical concerns of
particular historically underserved groups and individuals including,
but not limited to, the following:
Minorities;
Women;
Persons with disabilities; and
Socially and economically disadvantaged groups.
Individuals or groups wanting to become a member of a Local Working
Group may submit to the Local Working Group Chairperson and the NRCS
District Conservationist (or Designated Conservationist), a request
that explains their interest and outlines their credentials for
becoming a member of the Local Working Group. The District
Conservationist (or Designated Conservationist) will assist the soil
and water conservation district in making decisions concerning
membership of the group.
(d) Local Working Groups Relationship to State Technical Committees
Local Working Groups may provide input and recommendations to the
State Technical Committee.
501.16 Standard Operating Procedures for Local Working Groups
(a) Organization and Function
Local Working Groups are to provide recommendations on local
natural resource priorities and criteria for USDA conservation
activities and programs. Local Working Groups are normally chaired by
the appropriate soil and water conservation district (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.
(b) Meeting Scheduling
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.
(c) Public Notification
Local Working Group meetings are open to the public. Public notice
of Local Working Group meetings should be provided at least 14 calendar
days prior to the meeting. Notification will need to exceed the 14
calendar-day minimum where State open meeting laws exist and require a
longer notification period. The minimum 14 calendar-day notice
requirement may be waived in the case of exceptional conditions, as
determined by the Chairperson or NRCS District Conservationist (or
Designated Conservationist). The public notice of Local Working Group
meetings will include the time, place, and agenda items for the
meeting.
(d) Meeting Information
Agendas and information will be provided to the Local Working Group
members at least 14 calendar days prior to the scheduled meeting. The
District Conservationist (or Designated Conservationist) will assist
the Local Working Group Chairperson, as requested, in preparing meeting
agendas and necessary background information for meetings. The minimum
14 calendar-day notice requirement may be waived in the case of
exceptional conditions, as determined by the Chairperson or NRCS
District Conservationist (or Designated Conservationist).
(e) Public Participation
Individuals attending the Local Working Group meetings will be
given the opportunity to address the Local Working Group. Opportunity
to address non-agenda items will be provided if time allows at the end
of the meeting. Presenters are encouraged to provide written records of
their comments to the Chairperson at the time of the presentation but
are not required to do so. Written comments may be accepted if provided
to the Chairperson no later than 14 calendar days after a meeting.
(f) Conducting Business
The meetings will be conducted as an open discussion among members.
Discussion will focus on identifying local natural resource concerns
that can be treated using programs and activities identified in Section
501.11(b). All recommendations will be considered.
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The following guidelines will govern meeting discussions:
(1) The Chairperson will lead the discussion.
(2) Only one person may speak at a time. Every participant should
have an opportunity to speak. The Chairperson or his or her designee is
responsible for recognizing speakers.
(3) The Chairperson, in consultation with those members present,
may establish time limits for discussion on individual agenda items.
(4) The Chairperson will defer to the next meeting those agenda
items not covered because of time limits.
(g) Record of Meetings
Summaries for all Local Working Group meetings will be available
within 30 calendar days of the meeting, and will be filed at the
appropriate local NRCS office.
(h) Input to State Technical Committee
Local Working Group recommendations are to be submitted to State
Technical Committee Chairperson and/or the District Conservationist (or
Designated Conservationist), as appropriate, within 14 calendar days
after a meeting.
Signed on 1st day of April 2009, in Washington, DC.
Dave White,
Chief, Natural Resources Conservation Service.
[FR Doc. E9-7771 Filed 4-6-09; 8:45 am]
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