[Code of Federal Regulations]
[Title 7, Volume 10]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1415.2]

[Page 413-415]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1415_GRASSLAND RESERVE PROGRAM--Table of Contents
 
Sec.  1415.2  Administration.

    (a) The regulations in this part set forth policies, procedures, and 
requirements for program implementation of GRP, as administered by the 
Natural Resources Conservation Service (NRCS) and the Farm Service 
Agency (FSA). The regulations in this part are administered under the 
general supervision and direction of the NRCS Chief and the FSA 
Administrator. These two agency leaders:

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    (1) Concur in the establishment of program policy and direction; 
development of the State allocation formula, and development of broad 
national ranking criteria.
    (2) Use a national allocation formula to provide GRP funds to USDA 
State offices that emphasizes support for biodiversity of plants and 
animals, grasslands under the greatest threat of conversion, and grazing 
operations. The national allocation formula may also include additional 
factors related to improving program implementation, as determined by 
the NRCS Chief and the FSA Administrator. The allocation formula may be 
modified periodically to change the emphasis of any factor(s) in order 
to address a particular natural resource concern, such as the 
precipitous decline of a population(s) of a grassland-dependent bird(s) 
or animal(s).
    (3) Ensure the National, State, and local level information 
regarding program implementation is made available to the public.
    (4) Consult with USDA leaders at the State level and other Federal 
agencies with the appropriate expertise and information when evaluating 
program policies and direction.
    (5) Authorize NRCS State Conservationists and FSA State Executive 
Directors to determine how funds will be used and how the program will 
be implemented at the State level.
    (b) At the State level, the NRCS State Conservationist and the FSA 
State Executive Director are jointly responsible for:
    (1) Identifying State priorities for project selection, based on 
input from the State technical committee;
    (2) Identifying USDA employees at the field level responsible for 
implementing the program by considering the nature and extent of natural 
resource concerns throughout the State and the availability of human 
resources to assist with activities related to program enrollment.
    (3) Developing program outreach materials at the State and local 
level to help ensure landowners, operators, and tenants of eligible land 
are aware and informed that they may be eligible for the program.
    (4) Approving conservation practices eligible for cost-share and 
cost-share rates.
    (5) Developing conservation plans and restoration agreements.
    (6) Administering and enforcing the terms of easements and rental 
agreements unless this responsibility is transferred to a third party as 
provided in Sec.  1415.17.
    (7) With advice from the State technical committee, developing 
criteria for ranking eligible land, consistent with national criteria 
and program objectives and State priorities. USDA, at the State level, 
has the authority to accept or reject the State technical committee 
recommendations; however, USDA will give consideration to the State 
technical committee's recommendations.
    (c) The funds, facilities, and authorities of the Commodity Credit 
Corporation are available to NRCS and FSA to implement GRP.
    (d) Subject to funding availability, the program may be implemented 
in any of the 50 States, the District of Columbia, the Commonwealth of 
Puerto Rico, Guam, the Virgin Islands of the United States, American 
Samoa, and the Commonwealth of the Northern Mariana Islands.
    (e) The Secretary may modify or waive a provision of this part if he 
or she deems the application of that provision to a particular limited 
situation to be inappropriate and inconsistent with the conservation 
purposes and sound administration of GRP. This authority cannot be 
further delegated. No provision of this part which is required by law 
may be waived.
    (f) No delegation in this part to lower organizational levels shall 
preclude the Chief, NRCS, or the Administrator, FSA, from determining 
any issue arising under this part or from reversing or modifying any 
determination arising from this part.
    (g) The USDA Forest Service may hold GRP easements on properties 
adjacent to USDA Forest Service land, with the consent of the landowner.
    (h) Program participation is voluntary.
    (i) Applications for participation will be accepted on a continual 
basis at local USDA Service Centers. NRCS and

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FSA at the State level will establish cut-off periods to rank and select 
applications. These cut-off periods will be available in program 
outreach material provided by the local USDA Service Center. Once 
funding levels have been exhausted, unfunded, eligible applications will 
remain on file until additional funding becomes available or the 
applicant chooses to be removed from consideration.
    (j) The services of other third parties as provided for in 7 CFR 
part 652 may be used to provide technical services to participants.