80_FR_19075 80 FR 19007 - Changes to Existing Conservation Program Regulations

80 FR 19007 - Changes to Existing Conservation Program Regulations

DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
Commodity Credit Corporation

Federal Register Volume 80, Issue 68 (April 9, 2015)

Page Range19007-19009
FR Document2015-08008

The Agricultural Act of 2014 (the 2014 Act) made several nondiscretionary changes to NRCS conservation programs. These conservation programs have existing regulations that required adjustments. These adjustments include addressing the required review of operating procedures of the State Technical Committee, adding reference of the Regional Conservation Partnership Program (RCPP) to the Watershed Protection and Flood Prevention Act program regulations, adding reference of RCPP to the Healthy Forests Reserve Program (HFRP), expanding the definition of ``acreage owned by Indian Tribes'' under HFRP, revising and simplifying the Regional Equity provision, and adjusting the Agricultural Management Assistance (AMA) Program to correspond with changes to payment provisions under the Environmental Quality Incentives Program (EQIP). Additionally, the Secretary of Agriculture delegated to NRCS administrative responsibility for implementing the Voluntary Public Access and Habitat Incentive Program (VPA-HIP), and internal NRCS administrative changes warrant updating the appropriate delegated official in the Technical Service Provider (TSP) provision. NRCS published an interim rule with a request for comments on August 1, 2014, to implement changes to these NRCS conservation program regulations that were either necessitated by enactment of the 2014 Act, or required to implement administrative streamlining improvements and clarifications. NRCS received six comments on the interim rule. In this document, NRCS issues a final rule to make permanent these changes and to incorporate two minor mandatory changes in two of the affected parts.

Federal Register, Volume 80 Issue 68 (Thursday, April 9, 2015)
[Federal Register Volume 80, Number 68 (Thursday, April 9, 2015)]
[Rules and Regulations]
[Pages 19007-19009]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08008]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Rules 
and Regulations

[[Page 19007]]



DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

7 CFR Parts 610, 622, 624, 625, 652, and 662

Commodity Credit Corporation

7 CFR Parts 1455 and 1465

[Docket No. NRCS-2014-0006]
RIN 0578-AA60


Changes to Existing Conservation Program Regulations

AGENCY: Natural Resources Conservation Service (NRCS) and the Commodity 
Credit Corporation (CCC), United States Department of Agriculture 
(USDA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Agricultural Act of 2014 (the 2014 Act) made several 
nondiscretionary changes to NRCS conservation programs. These 
conservation programs have existing regulations that required 
adjustments. These adjustments include addressing the required review 
of operating procedures of the State Technical Committee, adding 
reference of the Regional Conservation Partnership Program (RCPP) to 
the Watershed Protection and Flood Prevention Act program regulations, 
adding reference of RCPP to the Healthy Forests Reserve Program (HFRP), 
expanding the definition of ``acreage owned by Indian Tribes'' under 
HFRP, revising and simplifying the Regional Equity provision, and 
adjusting the Agricultural Management Assistance (AMA) Program to 
correspond with changes to payment provisions under the Environmental 
Quality Incentives Program (EQIP). Additionally, the Secretary of 
Agriculture delegated to NRCS administrative responsibility for 
implementing the Voluntary Public Access and Habitat Incentive Program 
(VPA-HIP), and internal NRCS administrative changes warrant updating 
the appropriate delegated official in the Technical Service Provider 
(TSP) provision. NRCS published an interim rule with a request for 
comments on August 1, 2014, to implement changes to these NRCS 
conservation program regulations that were either necessitated by 
enactment of the 2014 Act, or required to implement administrative 
streamlining improvements and clarifications. NRCS received six 
comments on the interim rule. In this document, NRCS issues a final 
rule to make permanent these changes and to incorporate two minor 
mandatory changes in two of the affected parts.

DATES: This rule is effective April 9, 2015.

FOR FURTHER INFORMATION CONTACT: Leslie Deavers, NRCS Farm Bill 
Coordinator, USDA, NRCS, Post Office Box 2890, Washington, DC 20013-
2890; telephone: (202) 720-4531; fax: (202) 720-2998; email: 
leslie.deavers@wdc.usda.gov, Attn: Farm Bill Program Inquiry.
    Persons with disabilities who require alternate means for 
communication (Braille, large print, audio tape, etc.) should contact 
the USDA Technology and Accessible Resources Give Employment Today 
(TARGET) Center at: (202) 720-2600 (voice and TDD).

SUPPLEMENTARY INFORMATION: 

Regulatory Certifications

    Executive Orders 12866 and 13563: The Office of Management and 
Budget (OMB) designated this rule as not significant under Executive 
Order 12866; therefore, OMB will not review this final rule.
    Regulatory Flexibility Act: It has been determined that the 
Regulatory Flexibility Act is not applicable to this interim rule 
because NRCS is not required by 5 U.S.C. 553, or any other provision of 
law, to publish a notice of proposed rulemaking with respect to the 
subject matter of this rule.
    Environmental Analysis: The 2014 Act made changes in statutory 
authority and administrative delegations that required conforming 
amendments to existing program regulations. This final rule confirms 
the changes made to these regulations by the interim rule. Such changes 
were mandatory; therefore, did not require analysis under the National 
Environmental Policy Act. In addition, a number of minor administrative 
improvements were made to the regulations as a result of continuing 
evaluations of NRCS program implementation efforts. Such administrative 
changes fell within a categorical exclusion for policy development, 
planning, and implementation that relate to routine administrative 
activities (7 CFR 1b.3(a)(1)).
    Civil Rights Impact Analysis: NRCS has determined through a Civil 
Rights Impact Analysis that this final rule discloses no 
disproportionately adverse impacts for minorities, women, or persons 
with disabilities. This final rule presents no issues that our analysis 
identified as posing a risk of adverse impacts. Outreach and 
communication strategies are in place to ensure all producers will be 
provided the same information to allow them to make informed compliance 
decisions regarding the use of their lands that will affect their 
participation in USDA programs. NRCS conservation programs apply to all 
persons equally, regardless of their race, color, national origin, 
gender, sex, or disability status; therefore, the conservation program 
rules portend no adverse civil rights implications for women, 
minorities, and persons with disabilities.
    Paperwork Reduction Act: Section 1246 of the Food Security Act of 
1985 (the 1985 Act), Public Law 99-198, states that implementation of 
programs authorized by Title XII of the 1985 Act be made without regard 
to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). NRCS 
is not reporting recordkeeping or estimated paperwork burden associated 
with this final rule for programs administered under Title XII of the 
1985 Act. The non-Title XII programs, HFRP and the Emergency Watersheds 
Protection Program (EWPP), utilize forms that have previously been 
approved for use, and OMB assigned the control number 0578-0013. The 
changes made by this final rule do not affect the burden previously 
reported under 0578-0013.
    Government Paperwork Elimination Act: NRCS is committed to 
compliance with the Government Paperwork Elimination Act and the 
Freedom to E-

[[Page 19008]]

File Act, which require Government agencies, in general, to provide the 
public the option of submitting information or transacting business 
electronically to the maximum extent possible. To better accommodate 
public access, NRCS developed an online application and information 
system for public use.
    Executive Order 13175: This final rule has been reviewed in 
accordance with the requirements of Executive Order 13175, Consultation 
and Coordination with Indian Tribal Governments. Executive Order 13175 
requires Federal agencies to consult and coordinate with Tribes on a 
government-to-government basis on policies that have Tribal 
implications, including regulations, legislative comments or proposed 
legislation, and other policy statements or actions that have been 
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. NRCS has assessed the impact of this 
final rule on Indian Tribes and determined that this rule does not have 
Tribal implications that require Tribal consultation under Executive 
Order 13175. The rule neither imposes substantial direct compliance 
costs on Tribal governments nor preempts Tribal law. The 2014 Act 
change addressed by this final rule that impact participation by Indian 
Tribes was limited to expanding land eligibility under HFRP to include 
trust lands. The agency has developed an outreach/collaboration plan 
that it has been implementing as it develops its Farm Bill policy. If a 
Tribe requests consultation, NRCS will work with the Office of Tribal 
Relations to ensure meaningful consultation is provided where changes, 
additions, and modifications identified herein are not expressly 
mandated by Congress.
    Unfunded Mandates Reform Act of 1995: Title II of the Unfunded 
Mandates Reform Act (UMRA) of 1995, Public Law 104-4, requires Federal 
agencies to assess the effects of their regulatory actions on State, 
local, and Tribal governments or the private sector of $100 million or 
more in any one year. When such a statement is needed for a rule, 
section 205 of the UMRA requires NRCS to prepare a written statement, 
including a cost benefit assessment, for proposed and final rules with 
``Federal mandates'' that may result in such expenditures for State, 
local, or Tribal governments, in the aggregate, or to the private 
sector. UMRA generally requires agencies to consider alternatives and 
adopt the more cost effective or least burdensome alternative that 
achieves the objectives of the rule.
    This rule contains no Federal mandates, as defined under Title II 
of the UMRA, for State, local, and Tribal governments or the private 
sector. Thus, this rule is not subject to the requirements of sections 
202 and 205 of UMRA.
    Executive Order 13132: NRCS considered this final rule in 
accordance with Executive Order 13132, issued August 4, 1999. NRCS 
determined that the final rule conforms with the federalism principles 
set out in this 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 among the 
various levels of government. NRCS concludes that this final rule does 
not have federalism implications.
    Federal Crop Insurance Reform and USDA Reorganization Act of 1994: 
Pursuant to section 304 of the Federal Crop Insurance Reform Act of 
1994, (Pub. L. 103-354), USDA has estimated that this regulation will 
not have an annual impact on the economy of $100 million in 1994 
dollars; therefore, is not a major regulation. A risk analysis was not 
conducted.
    Executive Order 13211: This rule is not a significant regulatory 
action subject to Executive Order 13211, Energy Effects.
    Small Business Regulatory Enforcement Fairness Act (SBREFA): This 
rule is not a major rule under the Small Business Regulatory 
Enforcement Fairness Act of 1996, (Pub. L. 104-121, SBREFA). Neither 
NRCS nor CCC is required to delay the effective date for 60 days from 
the date of publication to allow for congressional review. Accordingly, 
this rule is effective April 9, 2015.
    Background: On August 1, 2014, NRCS published an interim final rule 
with request for comments in the Federal Register (79 FR 44635) that 
amended a number of agency regulations to implement mandatory changes 
made by the 2014 Act. The interim rule made the following changes to 
existing conservation program rules:
     NRCS amended 7 CFR 610.24 to update the list of Title XII 
programs to which the State Technical Committee Rule applies.
     NRCS amended HFRP regulation at 7 CFR 625.2 to adjust the 
regulatory definition of ``acreage owned by Indian Tribes'' to conform 
with the new statutory definition of the term in Section 502(e)(3) of 
the Healthy Forests Restoration Act, as amended by section 8203 of the 
2014 Act.
     NRCS amended HFRP and the Watershed Operations regulation 
at 7 CFR part 622 to incorporate their status as programs used in the 
implementation of RCPP.
     NRCS updated subpart C of the TSP rule at 7 CFR part 652 
to designate the Deputy Chief for Programs as the decertification 
official for TSPs.
     NRCS removed the regional equity rule, formerly at 7 CFR 
part 662, from the Code of Federal Regulations.
     NRCS amended the rule for VPA-HIP at 7 CFR part 1455 to 
reflect the transfer of the program's administration from the 
Administrator of the Farm Service Agency (FSA) to the Chief of NRCS.
     NRCS amended the rule governing the AMA Program (7 CFR 
part 1465) to maintain consistency with the EQIP program.
    NRCS solicited comments on the interim final rule for 60 days 
ending September 30, 2014. Six comments were received on the rule. 
Overall, the commenters supported the changes made by the interim rule. 
This final rule makes only technical and clarifying changes to language 
adopted in the interim rule, and adds one additional mandatory change 
to reflect a change made by the 2014 Act to EWPP implementation of 
floodplain easements.
    Summary of Comments: NRCS received two negative comments, two 
generally positive comments, and one comment related to the 
implementation of EQIP which did not pertain to any amendments made by 
this rule. A sixth comment received was unrelated to this or any other 
NRCS conservation program. The negative comments expressed opposition 
to the funding of VPA-HIP and HFRP. Two commenters were generally 
supportive of the interim rule, with one of the comments recommending 
that NRCS strengthen the importance of the State Technical Committees. 
NRCS has done so in the development of its regulations to implement the 
changes made by the 2014 Act. The EQIP comment related to non-lethal 
deterrents and strategies to reduce predator-livestock conflict and 
this comment will be considered with the comments submitted to the EQIP 
interim rule published December 12, 2014.
    Additional Clarification Added to VPA-HIP (7 CFR part 1455): VPA-
HIP is authorized by section 1240R of the 1985 Act. VPA-HIP provides, 
within funding limits, grants to State and Tribal governments to 
encourage owners and operators of privately held farm, ranch,

[[Page 19009]]

and forest land to voluntarily make that land available for access by 
the public for wildlife-dependent recreation, including hunting and 
fishing under programs administered by State and Tribal governments. 
VPA-HIP is not an entitlement program and no grant will be made unless 
the application is acceptable to CCC. The program was originally 
delegated to the Administrator of FSA to administer on behalf of CCC. 
The program is now delegated to the Chief of NRCS, and NRCS 
incorporated the necessary administrative changes in the interim rule. 
NRCS announced its Availability of Program Funding on May 1, 2014, to 
implement VPA-HIP in fiscal year 2014. During its first round of grant 
proposals, NRCS received requests for funding from Indian Tribes which 
required confirmation regarding whether Tribal lands would be 
considered private lands for the purposes of VPA-HIP. This final rule 
clarifies that governmental and Tribal lands are considered private 
lands for the purposes of VPA-HIP when such lands are part of a private 
operation of a private individual or legal entity.
    Discussion of EWPP (7 CFR part 624): NRCS purchases floodplain 
easements to restore, protect, maintain, and enhance the functions of 
the floodplain; conserve natural values including fish and wildlife 
habitat, water quality, flood water retention, ground water recharge, 
and open space; reduce long-term Federal disaster assistance; and 
safeguard lives and property from floods, drought, and the products of 
erosion. Section 382 of the Federal Agriculture Improvement and Reform 
Act of 1996 amended EWPP, 16 U.S.C. 2203, to authorize the purchase of 
floodplain easements (FPE) as an emergency measure on lands that 
qualify for EWPP assistance. EWPP FPEs are administered under 7 CFR 
part 624.
    Prior to the 2014 Act, the EWPP-FPE statute did not address 
modification or termination of FPEs; therefore the regulations at 7 CFR 
part 624 specified that FPEs could not be modified or terminated. 
Section 2206 of the 2014 Act provided such authority, and NRCS is 
removing this prohibition from EWPP regulations.

List of Subjects

7 CFR Part 610

    Soil conservation, State Technical Committees, Technical 
assistance, and Water resources.

7 CFR Part 622

    Watershed projects, Watershed protection, and Flood prevention.

7 CFR Part 624

    Disaster assistance, Floodplain easement, Flooding, Imminent 
threat, Natural disaster, and Watershed impairment.

7 CFR Part 625

    Administrative practice and procedure, Agriculture, and Soil 
conservation.

7 CFR Part 652

    NRCS, Soil conservation, and Technical assistance.

7 CFR Part 662

    Administrative practice and procedure, Agriculture, and Soil 
conservation.

7 CFR Part 1455

    Agriculture, Animals, Environmental protection, Fishing, Forests 
and forest products, Grant programs, Hunting, Indians, Indians-land, 
Natural resources, Recreation and recreation areas, Rural areas, State 
and local governments, and Wildlife.

7 CFR Part 1465

    Conservation contract, Conservation plan, Conservation practices, 
and Soil and water conservation.

    Accordingly, the interim rule amending 7 CFR parts 610, 622, 625, 
652, 662, 1455, and 1465 which was published at 79 FR 44635 on August 
1, 2014, is adopted as a final rule with the following changes:

PART 624--EMERGENCY WATERSHED PROTECTION

0
1. The authority citation for part 624 continues to read as follows:

    Authority:  Sec. 216, Pub. L. 81-516, 33 U.S.C. 701b-1; Sec. 
403, Pub. L. 95-334, as amended, 16 U.S.C. 2203; 5 U.S.C. 301.


0
2. Amend Sec.  624.10 by revising paragraph (c) to read as follows:


Sec.  624.10  Floodplain easements.

* * * * *
    (c) The Chief of NRCS may modify or terminate an easement if, 
pursuant to 16 U.S.C. 2203(b), the Chief determines the modification or 
termination is in the public interest and will address a compelling 
public need for which there is no practicable alternative.
* * * * *

PART 1455--VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE PROGRAM

0
3. The authority citation for part 1455 continues to read as follows:

    Authority:  15 U.S.C. 714b and 714c; 16 U.S.C. 3839.


0
4. Section 1455.2 is amended in paragraph (b) by adding a definition 
for ``legal entity'' and revising the definition of ``privately-held 
land'' to read as follows:


Sec.  1455.2  Definitions.

* * * * *
    Legal entity means any entity created under Federal or State law, 
excluding: (a) a local, State or Federal government or political 
subdivision or agency of such government; and (b) a Tribal government.
    Privately-held land means farm, ranch, or forest land that is owned 
or operated by a person or legal entity.
* * * * *

    Signed this 1st day of April, 2015 in Washington, DC.
Jason A. Weller,
Vice President, Commodity Credit Corporation, Chief, Natural Resources 
Conservation Service.
[FR Doc. 2015-08008 Filed 4-8-15; 8:45 am]
 BILLING CODE 3410-16-P



                                                                                                                                                                                             19007

                                             Rules and Regulations                                                                                         Federal Register
                                                                                                                                                           Vol. 80, No. 68

                                                                                                                                                           Thursday, April 9, 2015



                                             This section of the FEDERAL REGISTER                    NRCS administrative responsibility for                regulations by the interim rule. Such
                                             contains regulatory documents having general            implementing the Voluntary Public                     changes were mandatory; therefore, did
                                             applicability and legal effect, most of which           Access and Habitat Incentive Program                  not require analysis under the National
                                             are keyed to and codified in the Code of                (VPA–HIP), and internal NRCS                          Environmental Policy Act. In addition,
                                             Federal Regulations, which is published under           administrative changes warrant                        a number of minor administrative
                                             50 titles pursuant to 44 U.S.C. 1510.
                                                                                                     updating the appropriate delegated                    improvements were made to the
                                             The Code of Federal Regulations is sold by              official in the Technical Service                     regulations as a result of continuing
                                             the Superintendent of Documents. Prices of              Provider (TSP) provision. NRCS                        evaluations of NRCS program
                                             new books are listed in the first FEDERAL               published an interim rule with a request              implementation efforts. Such
                                             REGISTER issue of each week.                            for comments on August 1, 2014, to                    administrative changes fell within a
                                                                                                     implement changes to these NRCS                       categorical exclusion for policy
                                                                                                     conservation program regulations that                 development, planning, and
                                             DEPARTMENT OF AGRICULTURE                               were either necessitated by enactment of              implementation that relate to routine
                                                                                                     the 2014 Act, or required to implement                administrative activities (7 CFR
                                             Natural Resources Conservation                          administrative streamlining                           1b.3(a)(1)).
                                             Service                                                 improvements and clarifications. NRCS                    Civil Rights Impact Analysis: NRCS
                                                                                                     received six comments on the interim                  has determined through a Civil Rights
                                             7 CFR Parts 610, 622, 624, 625, 652,                    rule. In this document, NRCS issues a                 Impact Analysis that this final rule
                                             and 662                                                 final rule to make permanent these                    discloses no disproportionately adverse
                                                                                                     changes and to incorporate two minor                  impacts for minorities, women, or
                                             Commodity Credit Corporation                            mandatory changes in two of the                       persons with disabilities. This final rule
                                                                                                     affected parts.                                       presents no issues that our analysis
                                             7 CFR Parts 1455 and 1465                               DATES: This rule is effective April 9,                identified as posing a risk of adverse
                                             [Docket No. NRCS–2014–0006]                             2015.                                                 impacts. Outreach and communication
                                                                                                     FOR FURTHER INFORMATION CONTACT:                      strategies are in place to ensure all
                                             RIN 0578–AA60                                                                                                 producers will be provided the same
                                                                                                     Leslie Deavers, NRCS Farm Bill
                                                                                                     Coordinator, USDA, NRCS, Post Office                  information to allow them to make
                                             Changes to Existing Conservation
                                                                                                     Box 2890, Washington, DC 20013–2890;                  informed compliance decisions
                                             Program Regulations
                                                                                                     telephone: (202) 720–4531; fax: (202)                 regarding the use of their lands that will
                                             AGENCY:  Natural Resources                              720–2998; email: leslie.deavers@                      affect their participation in USDA
                                             Conservation Service (NRCS) and the                     wdc.usda.gov, Attn: Farm Bill Program                 programs. NRCS conservation programs
                                             Commodity Credit Corporation (CCC),                     Inquiry.                                              apply to all persons equally, regardless
                                             United States Department of Agriculture                    Persons with disabilities who require              of their race, color, national origin,
                                             (USDA).                                                 alternate means for communication                     gender, sex, or disability status;
                                             ACTION: Final rule.                                     (Braille, large print, audio tape, etc.)              therefore, the conservation program
                                                                                                     should contact the USDA Technology                    rules portend no adverse civil rights
                                             SUMMARY:   The Agricultural Act of 2014                 and Accessible Resources Give                         implications for women, minorities, and
                                             (the 2014 Act) made several                             Employment Today (TARGET) Center                      persons with disabilities.
                                             nondiscretionary changes to NRCS                        at: (202) 720–2600 (voice and TDD).                      Paperwork Reduction Act: Section
                                             conservation programs. These                            SUPPLEMENTARY INFORMATION:                            1246 of the Food Security Act of 1985
                                             conservation programs have existing                                                                           (the 1985 Act), Public Law 99–198,
                                             regulations that required adjustments.                  Regulatory Certifications                             states that implementation of programs
                                             These adjustments include addressing                      Executive Orders 12866 and 13563:                   authorized by Title XII of the 1985 Act
                                             the required review of operating                        The Office of Management and Budget                   be made without regard to the
                                             procedures of the State Technical                       (OMB) designated this rule as not                     Paperwork Reduction Act of 1995 (44
                                             Committee, adding reference of the                      significant under Executive Order                     U.S.C. 3501 et seq.). NRCS is not
                                             Regional Conservation Partnership                       12866; therefore, OMB will not review                 reporting recordkeeping or estimated
                                             Program (RCPP) to the Watershed                         this final rule.                                      paperwork burden associated with this
                                             Protection and Flood Prevention Act                       Regulatory Flexibility Act: It has been             final rule for programs administered
                                             program regulations, adding reference of                determined that the Regulatory                        under Title XII of the 1985 Act. The
                                             RCPP to the Healthy Forests Reserve                     Flexibility Act is not applicable to this             non-Title XII programs, HFRP and the
                                             Program (HFRP), expanding the                           interim rule because NRCS is not                      Emergency Watersheds Protection
                                             definition of ‘‘acreage owned by Indian                 required by 5 U.S.C. 553, or any other                Program (EWPP), utilize forms that have
                                             Tribes’’ under HFRP, revising and                       provision of law, to publish a notice of              previously been approved for use, and
                                             simplifying the Regional Equity                         proposed rulemaking with respect to the               OMB assigned the control number
Rmajette on DSK2VPTVN1PROD with RULES




                                             provision, and adjusting the                            subject matter of this rule.                          0578–0013. The changes made by this
                                             Agricultural Management Assistance                        Environmental Analysis: The 2014                    final rule do not affect the burden
                                             (AMA) Program to correspond with                        Act made changes in statutory authority               previously reported under 0578–0013.
                                             changes to payment provisions under                     and administrative delegations that                      Government Paperwork Elimination
                                             the Environmental Quality Incentives                    required conforming amendments to                     Act: NRCS is committed to compliance
                                             Program (EQIP). Additionally, the                       existing program regulations. This final              with the Government Paperwork
                                             Secretary of Agriculture delegated to                   rule confirms the changes made to these               Elimination Act and the Freedom to E-


                                        VerDate Sep<11>2014   15:10 Apr 08, 2015   Jkt 235001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\09APR1.SGM   09APR1


                                             19008               Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Rules and Regulations

                                             File Act, which require Government                      burdensome alternative that achieves                  Restoration Act, as amended by section
                                             agencies, in general, to provide the                    the objectives of the rule.                           8203 of the 2014 Act.
                                             public the option of submitting                            This rule contains no Federal                         • NRCS amended HFRP and the
                                             information or transacting business                     mandates, as defined under Title II of                Watershed Operations regulation at 7
                                             electronically to the maximum extent                    the UMRA, for State, local, and Tribal                CFR part 622 to incorporate their status
                                             possible. To better accommodate public                  governments or the private sector. Thus,              as programs used in the implementation
                                             access, NRCS developed an online                        this rule is not subject to the                       of RCPP.
                                             application and information system for                  requirements of sections 202 and 205 of                  • NRCS updated subpart C of the TSP
                                             public use.                                             UMRA.                                                 rule at 7 CFR part 652 to designate the
                                               Executive Order 13175: This final rule                   Executive Order 13132: NRCS                        Deputy Chief for Programs as the
                                             has been reviewed in accordance with                    considered this final rule in accordance              decertification official for TSPs.
                                             the requirements of Executive Order                     with Executive Order 13132, issued                       • NRCS removed the regional equity
                                             13175, Consultation and Coordination                    August 4, 1999. NRCS determined that                  rule, formerly at 7 CFR part 662, from
                                             with Indian Tribal Governments.                         the final rule conforms with the                      the Code of Federal Regulations.
                                             Executive Order 13175 requires Federal                  federalism principles set out in this                    • NRCS amended the rule for VPA–
                                             agencies to consult and coordinate with                 Executive Order, would not impose any                 HIP at 7 CFR part 1455 to reflect the
                                             Tribes on a government-to-government                    compliance costs on the States, and                   transfer of the program’s administration
                                             basis on policies that have Tribal                      would not have substantial direct effects             from the Administrator of the Farm
                                             implications, including regulations,                    on the States, on the relationship                    Service Agency (FSA) to the Chief of
                                             legislative comments or proposed                        between the Federal Government and                    NRCS.
                                             legislation, and other policy statements                the States, or on the distribution of                    • NRCS amended the rule governing
                                             or actions that have been substantial                   power and responsibilities among the                  the AMA Program (7 CFR part 1465) to
                                             direct effects on one or more Indian                    various levels of government. NRCS                    maintain consistency with the EQIP
                                             Tribes, on the relationship between the                 concludes that this final rule does not               program.
                                             Federal Government and Indian Tribes,                   have federalism implications.                            NRCS solicited comments on the
                                             or on the distribution of power and                        Federal Crop Insurance Reform and                  interim final rule for 60 days ending
                                             responsibilities between the Federal                    USDA Reorganization Act of 1994:                      September 30, 2014. Six comments were
                                             Government and Indian Tribes. NRCS                      Pursuant to section 304 of the Federal                received on the rule. Overall, the
                                             has assessed the impact of this final rule              Crop Insurance Reform Act of 1994,                    commenters supported the changes
                                             on Indian Tribes and determined that                    (Pub. L. 103–354), USDA has estimated                 made by the interim rule. This final rule
                                             this rule does not have Tribal                          that this regulation will not have an                 makes only technical and clarifying
                                             implications that require Tribal                        annual impact on the economy of $100                  changes to language adopted in the
                                             consultation under Executive Order                      million in 1994 dollars; therefore, is not            interim rule, and adds one additional
                                             13175. The rule neither imposes                         a major regulation. A risk analysis was               mandatory change to reflect a change
                                             substantial direct compliance costs on                  not conducted.                                        made by the 2014 Act to EWPP
                                             Tribal governments nor preempts Tribal                     Executive Order 13211: This rule is                implementation of floodplain
                                             law. The 2014 Act change addressed by                   not a significant regulatory action                   easements.
                                             this final rule that impact participation               subject to Executive Order 13211,                        Summary of Comments: NRCS
                                             by Indian Tribes was limited to                         Energy Effects.                                       received two negative comments, two
                                             expanding land eligibility under HFRP                      Small Business Regulatory                          generally positive comments, and one
                                             to include trust lands. The agency has                  Enforcement Fairness Act (SBREFA):                    comment related to the implementation
                                             developed an outreach/collaboration                     This rule is not a major rule under the               of EQIP which did not pertain to any
                                             plan that it has been implementing as it                Small Business Regulatory Enforcement                 amendments made by this rule. A sixth
                                             develops its Farm Bill policy. If a Tribe               Fairness Act of 1996, (Pub. L. 104–121,               comment received was unrelated to this
                                             requests consultation, NRCS will work                   SBREFA). Neither NRCS nor CCC is                      or any other NRCS conservation
                                             with the Office of Tribal Relations to                  required to delay the effective date for              program. The negative comments
                                             ensure meaningful consultation is                       60 days from the date of publication to               expressed opposition to the funding of
                                             provided where changes, additions, and                  allow for congressional review.                       VPA–HIP and HFRP. Two commenters
                                             modifications identified herein are not                 Accordingly, this rule is effective April             were generally supportive of the interim
                                             expressly mandated by Congress.                         9, 2015.                                              rule, with one of the comments
                                               Unfunded Mandates Reform Act of                          Background: On August 1, 2014,                     recommending that NRCS strengthen
                                             1995: Title II of the Unfunded Mandates                 NRCS published an interim final rule                  the importance of the State Technical
                                             Reform Act (UMRA) of 1995, Public                       with request for comments in the                      Committees. NRCS has done so in the
                                             Law 104–4, requires Federal agencies to                 Federal Register (79 FR 44635) that                   development of its regulations to
                                             assess the effects of their regulatory                  amended a number of agency                            implement the changes made by the
                                             actions on State, local, and Tribal                     regulations to implement mandatory                    2014 Act. The EQIP comment related to
                                             governments or the private sector of                    changes made by the 2014 Act. The                     non-lethal deterrents and strategies to
                                             $100 million or more in any one year.                   interim rule made the following changes               reduce predator-livestock conflict and
                                             When such a statement is needed for a                   to existing conservation program rules:               this comment will be considered with
                                             rule, section 205 of the UMRA requires                     • NRCS amended 7 CFR 610.24 to                     the comments submitted to the EQIP
                                             NRCS to prepare a written statement,                    update the list of Title XII programs to              interim rule published December 12,
                                             including a cost benefit assessment, for                which the State Technical Committee                   2014.
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                                             proposed and final rules with ‘‘Federal                 Rule applies.                                            Additional Clarification Added to
                                             mandates’’ that may result in such                         • NRCS amended HFRP regulation at                  VPA–HIP (7 CFR part 1455): VPA–HIP
                                             expenditures for State, local, or Tribal                7 CFR 625.2 to adjust the regulatory                  is authorized by section 1240R of the
                                             governments, in the aggregate, or to the                definition of ‘‘acreage owned by Indian               1985 Act. VPA–HIP provides, within
                                             private sector. UMRA generally requires                 Tribes’’ to conform with the new                      funding limits, grants to State and Tribal
                                             agencies to consider alternatives and                   statutory definition of the term in                   governments to encourage owners and
                                             adopt the more cost effective or least                  Section 502(e)(3) of the Healthy Forests              operators of privately held farm, ranch,


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                                                                 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Rules and Regulations                                              19009

                                             and forest land to voluntarily make that                7 CFR Part 622                                        PART 1455—VOLUNTARY PUBLIC
                                             land available for access by the public                                                                       ACCESS AND HABITAT INCENTIVE
                                             for wildlife-dependent recreation,                        Watershed projects, Watershed                       PROGRAM
                                             including hunting and fishing under                     protection, and Flood prevention.
                                             programs administered by State and                      7 CFR Part 624                                        ■ 3. The authority citation for part 1455
                                             Tribal governments. VPA–HIP is not an                                                                         continues to read as follows:
                                             entitlement program and no grant will                     Disaster assistance, Floodplain                       Authority: 15 U.S.C. 714b and 714c; 16
                                             be made unless the application is                       easement, Flooding, Imminent threat,                  U.S.C. 3839.
                                             acceptable to CCC. The program was                      Natural disaster, and Watershed
                                                                                                     impairment.                                           ■  4. Section 1455.2 is amended in
                                             originally delegated to the                                                                                   paragraph (b) by adding a definition for
                                             Administrator of FSA to administer on                   7 CFR Part 625                                        ‘‘legal entity’’ and revising the
                                             behalf of CCC. The program is now                                                                             definition of ‘‘privately-held land’’ to
                                             delegated to the Chief of NRCS, and                       Administrative practice and
                                                                                                                                                           read as follows:
                                             NRCS incorporated the necessary                         procedure, Agriculture, and Soil
                                             administrative changes in the interim                   conservation.                                         § 1455.2    Definitions.
                                             rule. NRCS announced its Availability                   7 CFR Part 652                                        *      *     *     *    *
                                             of Program Funding on May 1, 2014, to                                                                            Legal entity means any entity created
                                             implement VPA–HIP in fiscal year 2014.                    NRCS, Soil conservation, and                        under Federal or State law, excluding:
                                             During its first round of grant proposals,              Technical assistance.                                 (a) a local, State or Federal government
                                             NRCS received requests for funding                      7 CFR Part 662                                        or political subdivision or agency of
                                             from Indian Tribes which required                                                                             such government; and (b) a Tribal
                                             confirmation regarding whether Tribal                     Administrative practice and                         government.
                                             lands would be considered private lands                 procedure, Agriculture, and Soil                         Privately-held land means farm,
                                             for the purposes of VPA–HIP. This final                 conservation.                                         ranch, or forest land that is owned or
                                             rule clarifies that governmental and                                                                          operated by a person or legal entity.
                                                                                                     7 CFR Part 1455
                                             Tribal lands are considered private                                                                           *      *     *     *    *
                                             lands for the purposes of VPA–HIP                         Agriculture, Animals, Environmental                   Signed this 1st day of April, 2015 in
                                             when such lands are part of a private                   protection, Fishing, Forests and forest               Washington, DC.
                                             operation of a private individual or legal              products, Grant programs, Hunting,                    Jason A. Weller,
                                             entity.                                                 Indians, Indians-land, Natural                        Vice President, Commodity Credit
                                                                                                     resources, Recreation and recreation                  Corporation, Chief, Natural Resources
                                                Discussion of EWPP (7 CFR part 624):                 areas, Rural areas, State and local                   Conservation Service.
                                             NRCS purchases floodplain easements                     governments, and Wildlife.                            [FR Doc. 2015–08008 Filed 4–8–15; 8:45 am]
                                             to restore, protect, maintain, and
                                             enhance the functions of the floodplain;                7 CFR Part 1465                                       BILLING CODE 3410–16–P

                                             conserve natural values including fish
                                                                                                       Conservation contract, Conservation
                                             and wildlife habitat, water quality, flood              plan, Conservation practices, and Soil
                                             water retention, ground water recharge,                                                                       DEPARTMENT OF TRANSPORTATION
                                                                                                     and water conservation.
                                             and open space; reduce long-term
                                                                                                       Accordingly, the interim rule                       Federal Aviation Administration
                                             Federal disaster assistance; and
                                             safeguard lives and property from                       amending 7 CFR parts 610, 622, 625,
                                                                                                     652, 662, 1455, and 1465 which was                    14 CFR Part 39
                                             floods, drought, and the products of
                                             erosion. Section 382 of the Federal                     published at 79 FR 44635 on August 1,                 [Docket No. FAA–2014–0123; Directorate
                                             Agriculture Improvement and Reform                      2014, is adopted as a final rule with the             Identifier 2013–NM–040–AD; Amendment
                                             Act of 1996 amended EWPP, 16 U.S.C.                     following changes:                                    39–18134; AD 2015–07–06]
                                             2203, to authorize the purchase of                      PART 624—EMERGENCY                                    RIN 2120–AA64
                                             floodplain easements (FPE) as an                        WATERSHED PROTECTION
                                             emergency measure on lands that                                                                               Airworthiness Directives; Airbus
                                             qualify for EWPP assistance. EWPP                                                                             Airplanes
                                                                                                     ■ 1. The authority citation for part 624
                                             FPEs are administered under 7 CFR part                  continues to read as follows:                         AGENCY:  Federal Aviation
                                             624.
                                                                                                       Authority: Sec. 216, Pub. L. 81–516, 33             Administration (FAA), Department of
                                                Prior to the 2014 Act, the EWPP–FPE                  U.S.C. 701b–1; Sec. 403, Pub. L. 95–334, as           Transportation (DOT).
                                             statute did not address modification or                 amended, 16 U.S.C. 2203; 5 U.S.C. 301.                ACTION: Final rule.
                                             termination of FPEs; therefore the
                                             regulations at 7 CFR part 624 specified                 ■ 2. Amend § 624.10 by revising                       SUMMARY:  We are adopting a new
                                             that FPEs could not be modified or                      paragraph (c) to read as follows:                     airworthiness directive (AD) for certain
                                             terminated. Section 2206 of the 2014                    § 624.10    Floodplain easements.                     Airbus Model A300 B4–601, B4–603,
                                             Act provided such authority, and NRCS                                                                         B4–620, B4–622, B4–605R, B4–622R,
                                                                                                     *      *    *     *    *
                                             is removing this prohibition from EWPP                                                                        F4–605R, F4–622R, and C4–605R
                                             regulations.                                               (c) The Chief of NRCS may modify or                Variant F airplanes; and Model A310–
                                                                                                     terminate an easement if, pursuant to 16
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                                                                                                                                                           203, –204, –221, –222, –304, –322, –324,
                                             List of Subjects                                        U.S.C. 2203(b), the Chief determines the              and –325 airplanes. This AD was
                                             7 CFR Part 610                                          modification or termination is in the                 prompted by a report of inner skin
                                                                                                     public interest and will address a                    disbonding damage on a rudder. This
                                               Soil conservation, State Technical                    compelling public need for which there                AD requires repetitive ultrasonic
                                             Committees, Technical assistance, and                   is no practicable alternative.                        inspections for disbonding of certain
                                             Water resources.                                        *      *    *     *    *                              rudders; an elasticity of laminate


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Document Created: 2015-12-18 11:23:50
Document Modified: 2015-12-18 11:23:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective April 9, 2015.
ContactLeslie Deavers, NRCS Farm Bill Coordinator, USDA, NRCS, Post Office Box 2890, Washington, DC 20013- 2890; telephone: (202) 720-4531; fax: (202) 720-2998; email: [email protected], Attn: Farm Bill Program Inquiry.
FR Citation80 FR 19007 
RIN Number0578-AA60
CFR Citation7 CFR 1455
7 CFR 1465
7 CFR 610
7 CFR 622
7 CFR 624
7 CFR 625
7 CFR 652
7 CFR 662
CFR AssociatedAnimals; Environmental Protection; Fishing; Forests and Forest Products; Grant Programs; Hunting; Indians; Indians-Land; Natural Resources; Recreation and Recreation Areas; Rural Areas; State and Local Governments; Wildlife; Conservation Contract; Conservation Plan; Conservation Practices; Soil and Water Conservation; Soil Conservation; State Technical Committees; Technical Assistance; Water Resources; Watershed Projects; Watershed Protection; Flood Prevention; Disaster Assistance; Floodplain Easement; Flooding; Imminent Threat; Natural Disaster; Watershed Impairment; Administrative Practice and Procedure; Agriculture and Nrcs

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