80_FR_35000 80 FR 34883 - Conservation Reserve Program

80 FR 34883 - Conservation Reserve Program

DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
Farm Service Agency

Federal Register Volume 80, Issue 117 (June 18, 2015)

Page Range34883-34886
FR Document2015-14988

This notice presents a summary of the Record of Decision (ROD) regarding the alternative selected for implementation from the Supplemental Programmatic Environmental Impact Statement (SPEIS) for the Conservation Reserve Program (CRP). CRP is a voluntary program that supports the implementation of long-term conservation measures designed to improve the quality of ground and surface waters, control soil erosion, and enhance wildlife habitat on environmentally sensitive agricultural land. The Farm Service Agency (FSA) administers CRP on behalf of the Commodity Credit Corporation (CCC). The ROD was signed on April 17, 2015, but will not be implemented for at least 30 days following publication of this notice.

Federal Register, Volume 80 Issue 117 (Thursday, June 18, 2015)
[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Notices]
[Pages 34883-34886]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14988]


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DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

Farm Service Agency


Conservation Reserve Program

AGENCY: Commodity Credit Corporation, Farm Service Agency, USDA.

ACTION: Record of decision.

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SUMMARY: This notice presents a summary of the Record of Decision (ROD) 
regarding the alternative selected for implementation from the 
Supplemental Programmatic Environmental Impact Statement (SPEIS) for 
the Conservation Reserve Program (CRP). CRP is a voluntary program that 
supports the implementation of long-term conservation measures designed 
to improve the quality of ground and surface waters, control soil 
erosion, and enhance wildlife habitat on environmentally sensitive 
agricultural land. The Farm Service Agency (FSA) administers CRP on 
behalf of the Commodity Credit Corporation (CCC). The ROD was signed on 
April 17, 2015, but will not be implemented for at least 30 days 
following publication of this notice.

DATES: Effective Date: July 20, 2015.

ADDRESSES: The CRP SPEIS, including appendices and this ROD, are 
available on the FSA Environmental Compliance Web site at: http://www.fsa.usda.gov/FSA/webapp?area=home&subject=ecrc&topic=ep-cd. More 
detailed information on CRP is available from FSA's Web site at: http://www.fsa.usda.gov/FSA/webapp?area=home&subject=copr&topic=crp.
    Requests for copies of the Final SPEIS and this ROD may be obtained 
from Nell Fuller at [email protected], or mail, Nell Fuller, 
USDA FSA, Mail Stop 0501, 1400 Independence Ave. SW., Washington, DC 
20250-0501.

FOR FURTHER INFORMATION CONTACT: Nell Fuller, National Environmental 
Compliance Manager; phone: (202) 720-6853.

SUPPLEMENTARY INFORMATION:

Background

    FSA prepared a Final SPEIS for CRP and a Notice of Availability was 
published in the Federal Register on December 23, 2014. On behalf of 
the CCC, FSA provides CRP participants with rental payments and cost-
share assistance under contracts that extend from 10 to 15 years. CCC 
funding for CRP is governed by acreage caps set by the Agricultural Act 
of 2014, Public Law 113-79 (2014 Farm Bill). Technical support is 
provided by:
     USDA Natural Resources Conservation Service;
     USDA National Institute for Food and Agriculture;
     U.S. Forest Service;
     State forestry agencies;
     Local soil and water conservation districts; and
     Other non-federal providers of technical assistance.
    Producers can enroll in CRP using one of two procedures:
    (1) Offer lands for General Sign-up enrollment during specific 
sign-up periods and compete with other offers nationally, based upon 
the Environmental Benefits Index; or
    (2) Enroll environmentally desirable land to be devoted to certain 
conservation practices (CPs) under CRP Continuous Sign-up provisions, 
if certain eligibility requirements are met, or by enrolling eligible 
land under the Conservation Reserve Enhancement Program (CREP), a 
federal-state partnership under CRP.
    As of September 2014, there were nearly 25.5 million acres enrolled 
in the

[[Page 34884]]

CRP: 19.7 million acres under General Sign-up and 5.7 million acres 
under Continuous Sign-up, including 1.3 million acres in CREP and 0.3 
million acres in the Farmable Wetlands Program, a program under CRP.
    Under the Proposed Action, as defined in the SPEIS, FSA would 
implement changes to the CRP resulting from the 2014 Farm Bill, which 
extends the enrollment authority for the CRP to 2018, as well as other 
discretionary measures designed to improve the functionality and 
conservation benefits of CRP. The CRP SPEIS tiers from the CRP 
Supplemental Environmental Impact Statement and associated ROD 
completed in 2010. The SPEIS analyzed the impacts associated with 
implementing the changes to CRP and in developing new regulations. The 
No Action Alternative (continuation of current CRP to include those 
non-discretionary changes required by the 2014 Farm Bill) was also 
analyzed, and provides a management and environmental baseline.

The Decision

    After reviewing comments from interested individuals and other 
State and Federal agencies, FSA decided to implement changes to CRP 
resulting from the 2014 Farm Bill, which extends the enrollment 
authority for CRP to 2018, and discretionary measures designed to 
improve the functionality and conservation benefits of CRP, as well as 
other changes described in the Proposed Action, with one exception and 
one clarification. The exception is that authorizing emergency haying 
or grazing on CP 25, ``Rare and Declining Habitat,'' during severe 
drought conditions will not be implemented. This decision was made 
after comparing the overall environmental impacts and other relevant 
information, including feedback received, with regard to the reasonable 
alternatives considered in the CRP SPEIS. The clarification was that 
FSA intends to use Primary Nesting Season (PNS) provisions that are 
currently in place to clarify the language provided in the 2014 Farm 
Bill for birds that are economically significant, in significant 
decline, or conserved in accordance with Federal or State law (see 16 
U.S.C. 3833(b)(5)(B)). FSA will continue to work with the U.S. Fish and 
Wildlife Service to address any need to amend PNS dates. The following 
briefly describes the purpose and need for the proposed programmatic 
changes and the alternatives considered.

Purpose and Need for the Proposed Action

    The purpose of the Proposed Action is to implement programmatic 
changes to the CRP resulting from the 2014 Farm Bill and other 
discretionary program provisions. The need for the Proposed Action is 
to fulfill the FSA's responsibility to administer CRP while improving 
CRP's functionality and maintaining its conservation benefits.

Alternatives Considered

    Some elements of the 2014 Farm Bill are non-discretionary, meaning 
implementation is mandatory and specifically required by the 2014 Farm 
Bill. As FSA has no decision-making authority over these non-
discretionary aspects of the 2014 Farm Bill, they are assessed in the 
SPEIS as part of the No Action Alternative. Other elements of the 2014 
Farm Bill provide overall guidance, but details of implementation are 
left to FSA's discretion. These discretionary aspects of the 2014 Farm 
Bill form the Proposed Action Alternative. In addition, as described in 
the Proposed Action Alternative, FSA proposes to implement additional 
discretionary measures for targeting enrollment and to expand the 
flexibility of emergency haying and grazing.

Overview of Changes to CRP From the 2014 Farm Bill

    The changes in the 2014 Farm Bill that are administrative in 
nature, would not result in major changes to the administration of CRP, 
or have been addressed in other environmental assessments and 
eliminated from detailed analysis, are described in the first table. A 
summary of the proposed changes to CRP and how the changes are 
addressed in the SPEIS as part of the No Action Alternative or Proposed 
Action Alternative are described in the second table.

                       List From Detailed Analysis
------------------------------------------------------------------------
          Provision                           Description
------------------------------------------------------------------------
Maximum Enrollment...........  Reduces maximum enrollment gradually from
                                32 to 24 million acres by fiscal year
                                2017.
Farmable Wetlands Program....  Creates a permanent program from the
                                pilot program established by 2008 Farm
                                Bill and sets enrollment cap at 750,000
                                acres.
Tree Thinning................  Reduces payment authority to $10 million,
                                allows for incentive payments.
Early Termination of           Provides contract termination opportunity
 Contracts.                     in 2015 for contracts that have been in
                                place for at least 5 years, with
                                exceptions.
Managed Harvesting,            Requires rental payment reduction of at
 Prescribed and Routine         least 25 percent. No payment reduction
 Grazing Payment Reduction.     for beginning farmers or ranchers for
                                grazing.
Transition Option............  Provides authority for $33 million to
                                facilitate transfer of land from
                                retiring or retired owners to beginning
                                or socially disadvantaged farmers or
                                ranchers, or military veteran farmers or
                                ranchers.
Prescribed Grazing Frequency.  Allows annual grazing for control of
                                invasive plants.
Intermittent and Seasonal Use  Allows for intermittent and seasonal use
                                of vegetative buffer practices
                                incidental to agricultural production on
                                adjacent lands.
------------------------------------------------------------------------


                         Proposed Changes to CRP
------------------------------------------------------------------------
          Provision                           Description
------------------------------------------------------------------------
                          No Action Alternative
------------------------------------------------------------------------
Grasslands Eligibility and     Allows up to 2 million acres of certain
 Authorized Activities.         grasslands to be eligible for CRP under
                                Continuous Sign-up. Authorized
                                activities differ from other CRP
                                contracts.
Final Year Contract..........  Allows enrollment in Conservation
                                Stewardship Program and the Agricultural
                                Conservation Easement Program during
                                final year of the CRP contract.

[[Page 34885]]

 
Emergency Haying and Grazing   Removes the requirement to reduce CRP
 Payment Reduction.             rental payments.
------------------------------------------------------------------------
                             Proposed Action
------------------------------------------------------------------------
Targeted Enrollment..........  Proposes the targeted enrollment of
                                environmentally sensitive lands through
                                reverse auctions or competitive bidding
                                to meet reduced enrollment caps.
Managed harvesting Frequency.  Sets minimum frequency of once in 5
                                years, and maximum frequency of once in
                                3 years.
Routine Grazing Frequency....  Sets maximum frequency to no more than
                                once every 2 years.
Emergency Haying and Grazing   Allows emergency haying and grazing on
 on Additional Conservation     additional CPs during severe drought
 Practices.                     conditions to include CP8 (grass
                                waterways), CP21 (filter strips), CP22
                                (riparian buffers), CP23 (wetland
                                restoration), CP23A (wetland
                                restoration, non-floodplain), CP27
                                (farmable wetlands), CP28 (farmable
                                wetland buffers), CP37 (duck nesting
                                habitat), CP39 (constructed wetland),
                                and CP41 (Flooded prairie farmable
                                wetlands).
------------------------------------------------------------------------

Public Involvement

    Public involvement began with the notice announcing a ``Notice of 
Intent to Prepare a Programmatic Supplemental Environmental Impact 
Statement for the Conservation Reserve Program: Request for Comments'' 
published in the Federal Register on November 29, 2013 (78 FR 71561-
71562). A Web site developed to compile comments for the project was 
activated on the day the Notice of Intent was released and the official 
scoping comment period began. Comments were received through the 
project Web site, email system, mail, fax, and at www.regulations.gov. 
The scoping period ended January 13, 2014. Eight comment letters were 
received during the scoping period from Federal, state, and local 
government agencies, as well as from private organizations and members 
of the concerned public. The comments could be broken into 55 
individual issues covering a range of topics including proposed 2008 
Farm Bill changes, CRP maximum enrollment and acreages, regional 
differences in haying and grazing impacts, lack of thorough 
environmental and socioeconomic impact analysis in previous 
environmental analysis documentation related to the Farm Bill, and CRP 
funding policy. The comments provided during the scoping period were 
considered in defining the alternatives and the environmental 
consequences to ensure feedback was adequately addressed.
    A notice announcing the availability of the Draft SPEIS was 
published in the Federal Register on July 15, 2014 (79 FR 41247-41249). 
This notice of availability (NOA) provided a summary of the changes to 
CRP, the No Action Alternative, and the Proposed Action Alternative. 
Also included in the NOA was a description of how to provide comments, 
as well as a list of the dates, times, and locations of the five public 
meetings that were held as a part of the public involvement process. 
Locations for holding public meetings were chosen based upon FSA 
density analyses of participation in CRP or those participants 
potentially impacted by the proposed changes to CRP. The meeting 
locations, dates, and times are shown in the table below.

----------------------------------------------------------------------------------------------------------------
                  Date                                Time                        Location information
----------------------------------------------------------------------------------------------------------------
July 21, 2014...........................  6:00 p.m.-8:00 p.m.........  Hilton Garden Inn, Spokane Airport, 9015
                                                                        West SR Highway 2, Spokane, Washington
                                                                        99224.
July 22, 2014...........................  6:00 p.m.-8:00 p.m.........  Holiday Inn, Great Falls, 1100 5th
                                                                        Street, South Falls, Montana 59405.
August 4, 2014..........................  6:00 p.m.-8:00 p.m.........  Plains Cotton Cooperative Association,
                                                                        3301 East 50th Street, Lubbock, Texas
                                                                        79404.
August 5, 2014..........................  6:00 p.m.-8:00 p.m.........  Stillwater Library, 1107 S. Duck Street,
                                                                        Stillwater, Oklahoma 74074.
August 6, 2014..........................  6:00 p.m.-8:00 p.m.........  Courtyard by Marriott and Moorhead Area
                                                                        Conference Center, 1080 28th Avenue,
                                                                        South, Moorhead, Minnesota 56560.
----------------------------------------------------------------------------------------------------------------

    Eighteen comments were received during the Draft SPEIS comment 
period. Those 18 comments included 75 issues to be considered in the 
Final SPEIS. A Comment Summary Report was prepared and is included as 
an appendix in the CRP SPEIS. The report provides additional detail on 
the Draft SPEIS comment process, a copy of the NOA, copies of all 
public meeting materials, and responses to all 75 substantive issues 
and how they were addressed in the Final SPEIS.
    The NOA of the Final SPEIS was published in the Federal Register on 
December 23, 2014 (79 FR 76952). A total of six comment letters or 
emails were received during the 30 day comment period. The comments 
could be broken down to 12 individual comments. The comments were 
primarily repetitive of concerns addressed during the Draft SPEIS and 
included grassland eligibility requirements, targeted enrollment, and 
emergency haying and grazing of additional CPs. Those comments were 
considered in the decision-making process.

Impacts Summary

    The Final SPEIS evaluates the potential impacts of the Proposed 
Action. Based upon the analyses and conclusions presented in the Draft 
and Final SPEISs, FSA has determined that the Proposed Action is 
environmentally responsible and reasonable to implement, and no 
significant negative impacts would occur. Anticipated beneficial and 
adverse impacts are discussed below for each of the elements of the 
Proposed Action.

Targeted Enrollment

    CRP establishes or restores vegetation to meet the CRP goals of 
improving surface water and groundwater quality, controlling soil 
erosion, and enhancing wildlife habitat. Enrolling land in CRP would be 
expected to benefit vegetation,

[[Page 34886]]

wildlife, and protected species as sensitive lands or those with higher 
environmental benefits could be targeted. Soils, surface and 
groundwater, wetlands, and floodplains would benefit similarly and 
would also be positively impacted by reduced fertilizer and pesticide 
usage and lower demands on groundwater for irrigation. Recreation 
related to wildlife would be expected to benefit from targeting 
environmentally sensitive areas that benefit wildlife and habitats and 
surface water quality on and adjacent to CRP lands. Air quality would 
benefit from enrollment in CRP through reduced emissions from 
equipment, greater soil stability, and increased potential for long-
term carbon sequestration as compared to typical agricultural 
production. No effect to socioeconomic conditions is anticipated to 
result from use of targeted enrollment; however, general social 
benefits from conservation would be realized. Overall, it is expected 
that using targeted enrollment could increase the quality of lands 
enrolled in CRP, resulting in greater environmental benefits. Targeted 
enrollment could provide long-term benefits to areas of sensitive 
vegetative communities, wildlife habitat, or water quality. Such 
benefits could occur throughout the U.S. in any ecoregion where 
targeting occurred.
    Installation and maintenance of CPs could create temporary, short-
term negative impacts while the work was ongoing to resources, 
including vegetation, wildlife, protected species, soils, surface and 
groundwater, floodplains, wetlands, and air quality. However, all 
activities would be specified in Conservation Plans, designed by NRCS, 
which reflect local conditions and needs for each tract of land 
enrolled. Once CPs are established, long-term beneficial impacts to 
resources would be realized.

Managed Harvesting and Routine Grazing Frequencies

    Managed harvesting would be allowed to occur no more frequently 
than once every 3 years, but not less frequently than once in 5 years. 
This would require four states (California, Colorado, Arizona, and 
Nevada) that currently allow managed harvesting once every 10 years to 
have more frequent managed harvesting on new contracts where managed 
harvesting would be used to maintain CRP. The 2014 Farm Bill allows for 
the State Technical Committees (STCs) to establish routine grazing 
frequencies of not more than once every 2 years. More frequent 
harvesting and grazing could reduce the growing period between 
harvests, which may cause short-term negative impacts to some types of 
vegetation, potentially affecting wildlife habitat, soil stability, and 
any adjacent wetlands, floodplains, or surface waters. Activities with 
direct impacts would vary by ecoregion and species composition. Long-
term benefits of harvesting and grazing include maintaining early 
succession stages, and improving species diversity, composition, and 
function. Wildlife adapted to early successional habitats could benefit 
from more frequent harvesting and grazing. Grazing could negatively 
affect wildlife through displacement or competition for food resources. 
Both grazing and haying could result in direct mortality to some 
wildlife species. Protected species are not expected to be affected as 
site specific Environmental Evaluations on Conservation Plans would 
determine the presence of protected species and ensure no impacts 
occur. No effects to groundwater, air quality, recreation, or 
socioeconomic resources are anticipated. When performed in accordance 
with established guidelines, managed harvesting can be an effective 
tool for maintaining early successional stages of vegetative 
communities.

Emergency Haying and Grazing on Additional CP

    Consecutive years of emergency haying or grazing on the same 
acreage would reduce the growth period and could result in long-term 
negative impacts to some types of vegetation, in turn affecting 
wildlife. Impacts to wildlife could also include direct mortality and 
competition for food resources. No impacts to protected species are 
expected due to use of site-specific Environmental Evaluations. As with 
managed harvesting and routine grazing, short-term impacts to soils 
could occur from reduced vegetation growth affecting the stability of 
soils. Short-term impacts to surface waters, floodplains, and wetlands 
could occur from increased runoff, however, adherence to site-specific 
NRCS Conservation Plans and oversight by STC would reduce the potential 
for long-term impacts to these resources. No impacts to groundwater are 
anticipated. In the short-term, consecutive years of emergency haying 
and grazing could reduce the carbon sequestration potential of CRP 
vegetation. Socioeconomic benefits would result from enabling producers 
to maintain herds during severe droughts.

Rationale for Decision

    No significant impacts would occur from implementation of the 
Proposed Action and no significant adverse cumulative impacts are 
expected. Potential negative impacts will be minimized by employment of 
best management practices specified in Conservation Plans and through 
the use of site-specific Environmental Evaluations.

Val Dolcini,
Administrator, Farm Service Agency, and Executive Vice President, 
Commodity Credit Corporation.
[FR Doc. 2015-14988 Filed 6-17-15; 8:45 am]
BILLING CODE 3410-05-P



                                                                            Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices                                           34883

                                              determined necessary to prevent the                       (4) Minimize the burden of the                       Commodity Credit Corporation (CCC).
                                              spread of the pest or disease, or                       collection of information on those who                 The ROD was signed on April 17, 2015,
                                              requiring the objects to be accompanied                 are to respond, through use, as                        but will not be implemented for at least
                                              by a permit issued by the Secretary prior               appropriate, of automated, electronic,                 30 days following publication of this
                                              to movement. The USDA’s Animal and                      mechanical, and other collection                       notice.
                                              Plant Health Inspection Service (APHIS)                 technologies; e.g., permitting electronic              DATES: Effective Date: July 20, 2015.
                                              administers the regulations to                          submission of responses.                               ADDRESSES: The CRP SPEIS, including
                                              implement the PPA.                                        Estimate of burden: The public                       appendices and this ROD, are available
                                                 Citrus greening, also known as                       reporting burden for this collection of                on the FSA Environmental Compliance
                                              Huanglongbing disease of citrus, is                     information is estimated to average 0.12               Web site at: http://www.fsa.usda.gov/
                                              considered to be one of the most serious                hours per response.                                    FSA/webapp?area=home&subject=
                                              citrus diseases in the world. Citrus                      Respondents: Commercial nurseries/                   ecrc&topic=ep-cd. More detailed
                                              greening is a bacterial disease that                    operations in U.S. States or U.S.                      information on CRP is available from
                                              attacks the vascular system of host                     Territories quarantined for citrus                     FSA’s Web site at: http://www.fsa.usda.
                                              plants. This bacterial pathogen can be                  greening or ACP.                                       gov/FSA/webapp?area=home&subject=
                                              transmitted by grafting and, under                        Estimated annual number of                           copr&topic=crp.
                                              laboratory conditions, by parasitic                     respondents: 621.                                        Requests for copies of the Final SPEIS
                                              plants. The pathogen can also be                          Estimated annual number of                           and this ROD may be obtained from Nell
                                              transmitted by two insect vectors in the                responses per respondent: 23.                          Fuller at Nell.Fuller@wdc.usda.gov, or
                                              family Psyllidae, one of which is                         Estimated annual number of                           mail, Nell Fuller, USDA FSA, Mail Stop
                                              Diaphorina citri Kuwayama, the Asian                    responses: 13,882.                                     0501, 1400 Independence Ave. SW.,
                                              citrus psyllid (ACP). ACP can also cause                  Estimated total annual burden on                     Washington, DC 20250–0501.
                                              economic damage to citrus in groves                     respondents: 1,785 hours. (Due to
                                                                                                                                                             FOR FURTHER INFORMATION CONTACT: Nell
                                              and nurseries by direct feeding. Both                   averaging, the total annual burden hours
                                              adults and nymphs feed on young                                                                                Fuller, National Environmental
                                                                                                      may not equal the product of the annual
                                              foliage, depleting the sap and causing                                                                         Compliance Manager; phone: (202) 720–
                                                                                                      number of responses multiplied by the
                                              galling or curling of leaves. High                                                                             6853.
                                                                                                      reporting burden per response.)
                                              populations feeding on a citrus shoot                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                        All responses to this notice will be
                                              can kill the growing tip.                               summarized and included in the request                 Background
                                                 Under the regulations in ‘‘Subpart—                  for OMB approval. All comments will
                                              Citrus Greening and Asian Citrus                                                                                  FSA prepared a Final SPEIS for CRP
                                                                                                      also become a matter of public record.                 and a Notice of Availability was
                                              Psyllid’’ (7 CFR 301.76 through 301.76–
                                              11), APHIS restricts the interstate
                                                                                                        Done in Washington, DC, this 12th day of             published in the Federal Register on
                                                                                                      June 2015.                                             December 23, 2014. On behalf of the
                                              movement of regulated articles from
                                              quarantined areas to control the
                                                                                                      Kevin Shea,                                            CCC, FSA provides CRP participants
                                                                                                      Administrator, Animal and Plant Health                 with rental payments and cost-share
                                              artificial spread of citrus greening and
                                                                                                      Inspection Service.                                    assistance under contracts that extend
                                              ACP to noninfested areas of the United
                                                                                                      [FR Doc. 2015–15005 Filed 6–17–15; 8:45 am]            from 10 to 15 years. CCC funding for
                                              States. The regulations contain
                                                                                                      BILLING CODE 3410–34–P                                 CRP is governed by acreage caps set by
                                              requirements that involve information
                                                                                                                                                             the Agricultural Act of 2014, Public Law
                                              collection activities, including a
                                                                                                                                                             113–79 (2014 Farm Bill). Technical
                                              compliance agreement, limited permit,
                                                                                                      DEPARTMENT OF AGRICULTURE                              support is provided by:
                                              Federal certificate, recordkeeping,                                                                               • USDA Natural Resources
                                              labeling statement, the application of a                Commodity Credit Corporation                           Conservation Service;
                                              tag to the consignee’s waybill, 72-hour                                                                           • USDA National Institute for Food
                                              inspection notification, and cancellation               Farm Service Agency                                    and Agriculture;
                                              of certificates, permits, and compliance                                                                          • U.S. Forest Service;
                                              agreements.                                             Conservation Reserve Program                              • State forestry agencies;
                                                 We are asking the Office of                                                                                    • Local soil and water conservation
                                              Management and Budget (OMB) to                          AGENCY:  Commodity Credit Corporation,                 districts; and
                                              approve our use of these information                    Farm Service Agency, USDA.                                • Other non-federal providers of
                                              collection activities for an additional 3               ACTION: Record of decision.                            technical assistance.
                                              years.                                                                                                            Producers can enroll in CRP using one
                                                 The purpose of this notice is to solicit             SUMMARY:  This notice presents a                       of two procedures:
                                              comments from the public (as well as                    summary of the Record of Decision                         (1) Offer lands for General Sign-up
                                              affected agencies) concerning our                       (ROD) regarding the alternative selected               enrollment during specific sign-up
                                              information collection. These comments                  for implementation from the                            periods and compete with other offers
                                              will help us:                                           Supplemental Programmatic                              nationally, based upon the
                                                 (1) Evaluate whether the collection of               Environmental Impact Statement                         Environmental Benefits Index; or
                                              information is necessary for the proper                 (SPEIS) for the Conservation Reserve                      (2) Enroll environmentally desirable
                                              performance of the functions of the                     Program (CRP). CRP is a voluntary                      land to be devoted to certain
                                              Agency, including whether the                           program that supports the                              conservation practices (CPs) under CRP
                                              information will have practical utility;                implementation of long-term                            Continuous Sign-up provisions, if
tkelley on DSK3SPTVN1PROD with NOTICES




                                                 (2) Evaluate the accuracy of our                     conservation measures designed to                      certain eligibility requirements are met,
                                              estimate of the burden of the collection                improve the quality of ground and                      or by enrolling eligible land under the
                                              of information, including the validity of               surface waters, control soil erosion, and              Conservation Reserve Enhancement
                                              the methodology and assumptions used;                   enhance wildlife habitat on                            Program (CREP), a federal-state
                                                 (3) Enhance the quality, utility, and                environmentally sensitive agricultural                 partnership under CRP.
                                              clarity of the information to be                        land. The Farm Service Agency (FSA)                       As of September 2014, there were
                                              collected; and                                          administers CRP on behalf of the                       nearly 25.5 million acres enrolled in the


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                                              34884                                 Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices

                                              CRP: 19.7 million acres under General                                  Proposed Action, with one exception                  Alternatives Considered
                                              Sign-up and 5.7 million acres under                                    and one clarification. The exception is
                                              Continuous Sign-up, including 1.3                                      that authorizing emergency haying or                   Some elements of the 2014 Farm Bill
                                              million acres in CREP and 0.3 million                                  grazing on CP 25, ‘‘Rare and Declining               are non-discretionary, meaning
                                              acres in the Farmable Wetlands                                         Habitat,’’ during severe drought                     implementation is mandatory and
                                              Program, a program under CRP.                                          conditions will not be implemented.                  specifically required by the 2014 Farm
                                                 Under the Proposed Action, as                                       This decision was made after comparing               Bill. As FSA has no decision-making
                                              defined in the SPEIS, FSA would                                        the overall environmental impacts and                authority over these non-discretionary
                                              implement changes to the CRP resulting                                 other relevant information, including                aspects of the 2014 Farm Bill, they are
                                              from the 2014 Farm Bill, which extends                                 feedback received, with regard to the                assessed in the SPEIS as part of the No
                                              the enrollment authority for the CRP to                                reasonable alternatives considered in                Action Alternative. Other elements of
                                              2018, as well as other discretionary                                   the CRP SPEIS. The clarification was                 the 2014 Farm Bill provide overall
                                              measures designed to improve the                                       that FSA intends to use Primary Nesting              guidance, but details of implementation
                                              functionality and conservation benefits                                Season (PNS) provisions that are                     are left to FSA’s discretion. These
                                              of CRP. The CRP SPEIS tiers from the                                   currently in place to clarify the language           discretionary aspects of the 2014 Farm
                                              CRP Supplemental Environmental                                         provided in the 2014 Farm Bill for birds             Bill form the Proposed Action
                                              Impact Statement and associated ROD                                    that are economically significant, in                Alternative. In addition, as described in
                                              completed in 2010. The SPEIS analyzed                                  significant decline, or conserved in                 the Proposed Action Alternative, FSA
                                              the impacts associated with                                            accordance with Federal or State law                 proposes to implement additional
                                              implementing the changes to CRP and                                    (see 16 U.S.C. 3833(b)(5)(B)). FSA will              discretionary measures for targeting
                                              in developing new regulations. The No                                  continue to work with the U.S. Fish and              enrollment and to expand the flexibility
                                              Action Alternative (continuation of                                    Wildlife Service to address any need to              of emergency haying and grazing.
                                              current CRP to include those non-                                      amend PNS dates. The following briefly
                                              discretionary changes required by the                                                                                       Overview of Changes to CRP From the
                                                                                                                     describes the purpose and need for the
                                              2014 Farm Bill) was also analyzed, and                                                                                      2014 Farm Bill
                                                                                                                     proposed programmatic changes and the
                                              provides a management and
                                                                                                                     alternatives considered.                                The changes in the 2014 Farm Bill
                                              environmental baseline.
                                                                                                                     Purpose and Need for the Proposed                    that are administrative in nature, would
                                              The Decision                                                                                                                not result in major changes to the
                                                                                                                     Action
                                                 After reviewing comments from                                                                                            administration of CRP, or have been
                                              interested individuals and other State                                    The purpose of the Proposed Action                addressed in other environmental
                                              and Federal agencies, FSA decided to                                   is to implement programmatic changes                 assessments and eliminated from
                                              implement changes to CRP resulting                                     to the CRP resulting from the 2014 Farm              detailed analysis, are described in the
                                              from the 2014 Farm Bill, which extends                                 Bill and other discretionary program                 first table. A summary of the proposed
                                              the enrollment authority for CRP to                                    provisions. The need for the Proposed                changes to CRP and how the changes are
                                              2018, and discretionary measures                                       Action is to fulfill the FSA’s                       addressed in the SPEIS as part of the No
                                              designed to improve the functionality                                  responsibility to administer CRP while               Action Alternative or Proposed Action
                                              and conservation benefits of CRP, as                                   improving CRP’s functionality and                    Alternative are described in the second
                                              well as other changes described in the                                 maintaining its conservation benefits.               table.

                                                                                                                         LIST FROM DETAILED ANALYSIS
                                                                         Provision                                                                                 Description

                                              Maximum Enrollment ..........................................           Reduces maximum enrollment gradually from 32 to 24 million acres by fiscal year 2017.
                                              Farmable Wetlands Program ..............................                Creates a permanent program from the pilot program established by 2008 Farm Bill and sets
                                                                                                                         enrollment cap at 750,000 acres.
                                              Tree Thinning ......................................................    Reduces payment authority to $10 million, allows for incentive payments.
                                              Early Termination of Contracts ...........................              Provides contract termination opportunity in 2015 for contracts that have been in place for at
                                                                                                                         least 5 years, with exceptions.
                                              Managed Harvesting, Prescribed and Routine                              Requires rental payment reduction of at least 25 percent. No payment reduction for beginning
                                                Grazing Payment Reduction.                                               farmers or ranchers for grazing.
                                              Transition Option ................................................      Provides authority for $33 million to facilitate transfer of land from retiring or retired owners to
                                                                                                                         beginning or socially disadvantaged farmers or ranchers, or military veteran farmers or
                                                                                                                         ranchers.
                                              Prescribed Grazing Frequency ...........................                Allows annual grazing for control of invasive plants.
                                              Intermittent and Seasonal Use ...........................               Allows for intermittent and seasonal use of vegetative buffer practices incidental to agricultural
                                                                                                                         production on adjacent lands.


                                                                                                                          PROPOSED CHANGES TO CRP
                                                                         Provision                                                                                 Description
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                                                                                                                                 No Action Alternative

                                              Grasslands Eligibility and Authorized Activities ..                     Allows up to 2 million acres of certain grasslands to be eligible for CRP under Continuous
                                                                                                                         Sign-up. Authorized activities differ from other CRP contracts.
                                              Final Year Contract .............................................       Allows enrollment in Conservation Stewardship Program and the Agricultural Conservation
                                                                                                                         Easement Program during final year of the CRP contract.




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                                                                                 Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices                                              34885

                                                                                                           PROPOSED CHANGES TO CRP—Continued
                                                                       Provision                                                                              Description

                                              Emergency Haying and Grazing Payment Re-                           Removes the requirement to reduce CRP rental payments.
                                               duction.

                                                                                                                                Proposed Action

                                              Targeted Enrollment ...........................................    Proposes the targeted enrollment of environmentally sensitive lands through reverse auctions
                                                                                                                   or competitive bidding to meet reduced enrollment caps.
                                              Managed harvesting Frequency .........................             Sets minimum frequency of once in 5 years, and maximum frequency of once in 3 years.
                                              Routine Grazing Frequency ................................         Sets maximum frequency to no more than once every 2 years.
                                              Emergency Haying and Grazing on Additional                         Allows emergency haying and grazing on additional CPs during severe drought conditions to
                                                Conservation Practices.                                            include CP8 (grass waterways), CP21 (filter strips), CP22 (riparian buffers), CP23 (wetland
                                                                                                                   restoration), CP23A (wetland restoration, non-floodplain), CP27 (farmable wetlands), CP28
                                                                                                                   (farmable wetland buffers), CP37 (duck nesting habitat), CP39 (constructed wetland), and
                                                                                                                   CP41 (Flooded prairie farmable wetlands).



                                              Public Involvement                                                and local government agencies, as well                 A notice announcing the availability
                                                                                                                as from private organizations and                    of the Draft SPEIS was published in the
                                                Public involvement began with the                               members of the concerned public. The                 Federal Register on July 15, 2014 (79 FR
                                              notice announcing a ‘‘Notice of Intent to                         comments could be broken into 55                     41247–41249). This notice of
                                              Prepare a Programmatic Supplemental                               individual issues covering a range of                availability (NOA) provided a summary
                                              Environmental Impact Statement for the                            topics including proposed 2008 Farm                  of the changes to CRP, the No Action
                                              Conservation Reserve Program: Request                             Bill changes, CRP maximum enrollment                 Alternative, and the Proposed Action
                                              for Comments’’ published in the Federal                                                                                Alternative. Also included in the NOA
                                                                                                                and acreages, regional differences in
                                              Register on November 29, 2013 (78 FR                                                                                   was a description of how to provide
                                                                                                                haying and grazing impacts, lack of
                                              71561–71562). A Web site developed to                                                                                  comments, as well as a list of the dates,
                                                                                                                thorough environmental and
                                              compile comments for the project was                                                                                   times, and locations of the five public
                                                                                                                socioeconomic impact analysis in
                                              activated on the day the Notice of Intent                                                                              meetings that were held as a part of the
                                                                                                                previous environmental analysis
                                              was released and the official scoping                                                                                  public involvement process. Locations
                                                                                                                documentation related to the Farm Bill,
                                              comment period began. Comments were                                                                                    for holding public meetings were
                                              received through the project Web site,                            and CRP funding policy. The comments
                                                                                                                                                                     chosen based upon FSA density
                                              email system, mail, fax, and at                                   provided during the scoping period                   analyses of participation in CRP or those
                                              www.regulations.gov. The scoping                                  were considered in defining the                      participants potentially impacted by the
                                              period ended January 13, 2014. Eight                              alternatives and the environmental                   proposed changes to CRP. The meeting
                                              comment letters were received during                              consequences to ensure feedback was                  locations, dates, and times are shown in
                                              the scoping period from Federal, state,                           adequately addressed.                                the table below.

                                                             Date                                     Time                                                     Location information

                                              July 21, 2014 .......................    6:00 p.m.–8:00 p.m ............      Hilton Garden Inn, Spokane Airport, 9015 West SR Highway 2, Spokane, Wash-
                                                                                                                              ington 99224.
                                              July 22, 2014 .......................    6:00 p.m.–8:00 p.m ............      Holiday Inn, Great Falls, 1100 5th Street, South Falls, Montana 59405.
                                              August 4, 2014 .....................     6:00 p.m.–8:00 p.m ............      Plains Cotton Cooperative Association, 3301 East 50th Street, Lubbock, Texas
                                                                                                                              79404.
                                              August 5, 2014 .....................     6:00 p.m.–8:00 p.m ............      Stillwater Library, 1107 S. Duck Street, Stillwater, Oklahoma 74074.
                                              August 6, 2014 .....................     6:00 p.m.–8:00 p.m ............      Courtyard by Marriott and Moorhead Area Conference Center, 1080 28th Avenue,
                                                                                                                              South, Moorhead, Minnesota 56560.



                                                Eighteen comments were received                                 were received during the 30 day                      conclusions presented in the Draft and
                                              during the Draft SPEIS comment period.                            comment period. The comments could                   Final SPEISs, FSA has determined that
                                              Those 18 comments included 75 issues                              be broken down to 12 individual                      the Proposed Action is environmentally
                                              to be considered in the Final SPEIS. A                            comments. The comments were                          responsible and reasonable to
                                              Comment Summary Report was                                        primarily repetitive of concerns                     implement, and no significant negative
                                              prepared and is included as an                                    addressed during the Draft SPEIS and                 impacts would occur. Anticipated
                                              appendix in the CRP SPEIS. The report                             included grassland eligibility                       beneficial and adverse impacts are
                                              provides additional detail on the Draft                           requirements, targeted enrollment, and               discussed below for each of the
                                              SPEIS comment process, a copy of the                              emergency haying and grazing of                      elements of the Proposed Action.
                                              NOA, copies of all public meeting                                 additional CPs. Those comments were
                                              materials, and responses to all 75                                considered in the decision-making                    Targeted Enrollment
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                                              substantive issues and how they were                              process.                                               CRP establishes or restores vegetation
                                              addressed in the Final SPEIS.                                                                                          to meet the CRP goals of improving
                                                                                                                Impacts Summary
                                                The NOA of the Final SPEIS was                                                                                       surface water and groundwater quality,
                                              published in the Federal Register on                                The Final SPEIS evaluates the                      controlling soil erosion, and enhancing
                                              December 23, 2014 (79 FR 76952). A                                potential impacts of the Proposed                    wildlife habitat. Enrolling land in CRP
                                              total of six comment letters or emails                            Action. Based upon the analyses and                  would be expected to benefit vegetation,


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                                              34886                         Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices

                                              wildlife, and protected species as                      harvests, which may cause short-term                   Action and no significant adverse
                                              sensitive lands or those with higher                    negative impacts to some types of                      cumulative impacts are expected.
                                              environmental benefits could be                         vegetation, potentially affecting wildlife             Potential negative impacts will be
                                              targeted. Soils, surface and                            habitat, soil stability, and any adjacent              minimized by employment of best
                                              groundwater, wetlands, and floodplains                  wetlands, floodplains, or surface waters.              management practices specified in
                                              would benefit similarly and would also                  Activities with direct impacts would                   Conservation Plans and through the use
                                              be positively impacted by reduced                       vary by ecoregion and species                          of site-specific Environmental
                                              fertilizer and pesticide usage and lower                composition. Long-term benefits of                     Evaluations.
                                              demands on groundwater for irrigation.                  harvesting and grazing include
                                                                                                                                                             Val Dolcini,
                                              Recreation related to wildlife would be                 maintaining early succession stages, and
                                              expected to benefit from targeting                      improving species diversity,                           Administrator, Farm Service Agency, and
                                              environmentally sensitive areas that                    composition, and function. Wildlife                    Executive Vice President, Commodity Credit
                                                                                                                                                             Corporation.
                                              benefit wildlife and habitats and surface               adapted to early successional habitats
                                                                                                                                                             [FR Doc. 2015–14988 Filed 6–17–15; 8:45 am]
                                              water quality on and adjacent to CRP                    could benefit from more frequent
                                              lands. Air quality would benefit from                   harvesting and grazing. Grazing could                  BILLING CODE 3410–05–P

                                              enrollment in CRP through reduced                       negatively affect wildlife through
                                              emissions from equipment, greater soil                  displacement or competition for food
                                              stability, and increased potential for                  resources. Both grazing and haying                     DEPARTMENT OF AGRICULTURE
                                              long-term carbon sequestration as                       could result in direct mortality to some               Forest Service
                                              compared to typical agricultural                        wildlife species. Protected species are
                                              production. No effect to socioeconomic                  not expected to be affected as site                    Land Between The Lakes Advisory
                                              conditions is anticipated to result from                specific Environmental Evaluations on                  Board
                                              use of targeted enrollment; however,                    Conservation Plans would determine
                                              general social benefits from                            the presence of protected species and                  AGENCY:   Forest Service, USDA.
                                              conservation would be realized. Overall,                ensure no impacts occur. No effects to                 ACTION:   Notice of meeting.
                                              it is expected that using targeted                      groundwater, air quality, recreation, or
                                              enrollment could increase the quality of                socioeconomic resources are                            SUMMARY:   The Land Between The Lakes
                                              lands enrolled in CRP, resulting in                     anticipated. When performed in                         Advisory Board (Board) will meet in
                                              greater environmental benefits. Targeted                accordance with established guidelines,                Golden Pond, Kentucky. The Board is
                                              enrollment could provide long-term                      managed harvesting can be an effective                 authorized under Section 450 of the
                                              benefits to areas of sensitive vegetative               tool for maintaining early successional                Land Between The Lakes Protection Act
                                              communities, wildlife habitat, or water                 stages of vegetative communities.                      of 1998 (Act) and operates in
                                              quality. Such benefits could occur                                                                             compliance with the Federal Advisory
                                                                                                      Emergency Haying and Grazing on                        Committee Act. The purpose of the
                                              throughout the U.S. in any ecoregion
                                                                                                      Additional CP                                          Board is to advise the Secretary of
                                              where targeting occurred.
                                                 Installation and maintenance of CPs                     Consecutive years of emergency                      Agriculutre on the means of promoting
                                              could create temporary, short-term                      haying or grazing on the same acreage                  public participation for the land and
                                              negative impacts while the work was                     would reduce the growth period and                     resource management plan for the
                                              ongoing to resources, including                         could result in long-term negative                     recreation area; and environmental
                                              vegetation, wildlife, protected species,                impacts to some types of vegetation, in                education. Additional Board
                                              soils, surface and groundwater,                         turn affecting wildlife. Impacts to                    information, including the meeting
                                              floodplains, wetlands, and air quality.                 wildlife could also include direct                     agenda and the meeting summary/
                                              However, all activities would be                        mortality and competition for food                     minutes can be found at the following
                                              specified in Conservation Plans,                        resources. No impacts to protected                     Web site: http://
                                              designed by NRCS, which reflect local                   species are expected due to use of site-               www.landbetweenthelakes.us/about/
                                              conditions and needs for each tract of                  specific Environmental Evaluations. As                 working-together/.
                                              land enrolled. Once CPs are established,                with managed harvesting and routine                    DATES: The meeting will be held on
                                              long-term beneficial impacts to                         grazing, short-term impacts to soils                   Wednesday, July 22, 2015.
                                              resources would be realized.                            could occur from reduced vegetation                       All Board meetings are subject to
                                                                                                      growth affecting the stability of soils.               cancellation. For status of meeting prior
                                              Managed Harvesting and Routine
                                                                                                      Short-term impacts to surface waters,                  to attendance, please contact the person
                                              Grazing Frequencies
                                                                                                      floodplains, and wetlands could occur                  listed under FOR FURTHER INFORMATION
                                                 Managed harvesting would be                          from increased runoff, however,                        CONTACT.
                                              allowed to occur no more frequently                     adherence to site-specific NRCS
                                              than once every 3 years, but not less                   Conservation Plans and oversight by                    ADDRESSES:   The meeting will be held at
                                              frequently than once in 5 years. This                   STC would reduce the potential for                     the Land Between The Lakes
                                              would require four states (California,                  long-term impacts to these resources. No               Administration Building, 100 Van
                                              Colorado, Arizona, and Nevada) that                     impacts to groundwater are anticipated.                Morgran Drive, Golden Pond, Kentucky.
                                              currently allow managed harvesting                      In the short-term, consecutive years of                  Written comments may be submitted
                                              once every 10 years to have more                        emergency haying and grazing could                     as described under SUPPLEMENTARY
                                              frequent managed harvesting on new                      reduce the carbon sequestration                        INFORMATION. All comments, including
                                              contracts where managed harvesting                      potential of CRP vegetation.                           names and addresses when provided,
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                                              would be used to maintain CRP. The                      Socioeconomic benefits would result                    are placed in the record and are
                                              2014 Farm Bill allows for the State                     from enabling producers to maintain                    available for public inspection and
                                              Technical Committees (STCs) to                          herds during severe droughts.                          copying. The public may inspect
                                              establish routine grazing frequencies of                                                                       comments received at Land Between
                                              not more than once every 2 years. More                  Rationale for Decision                                 The Lakes Adminstrative Building.
                                              frequent harvesting and grazing could                     No significant impacts would occur                   Please call ahead to facilitate entry into
                                              reduce the growing period between                       from implementation of the Proposed                    the building.


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Document Created: 2018-02-22 11:11:54
Document Modified: 2018-02-22 11:11:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionRecord of decision.
DatesEffective Date: July 20, 2015.
ContactNell Fuller, National Environmental Compliance Manager; phone: (202) 720-6853.
FR Citation80 FR 34883 

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