80 FR 36965 - The Secretary of Agriculture's Determination of the Primary Purpose of the Southwest Florida Water Management District's Facilitating Agricultural Resource Management Systems Program, Mini-FARMS Program, Flow Meter Reimbursement Program, Quality of Water Improvement Program, and Back- Plugging Funding Assistance Initiative
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service Federal Register Volume 80, Issue 124 (June 29, 2015)
Natural Resources Conservation Service
Federal Register Volume 80, Issue 124 (June 29, 2015)
| Page Range | 36965-36966 | |
| FR Document | 2015-15937 |
[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)] [Notices] [Pages 36965-36966] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15937] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service [Docket No. NRCS-2015-0008] The Secretary of Agriculture's Determination of the Primary Purpose of the Southwest Florida Water Management District's Facilitating Agricultural Resource Management Systems Program, Mini- FARMS Program, Flow Meter Reimbursement Program, Quality of Water Improvement Program, and Back- Plugging Funding Assistance Initiative AGENCY: Natural Resources Conservation Service (NRCS), USDA. ACTION: Notice of determination. ----------------------------------------------------------------------- SUMMARY: The Natural Resources Conservation Service is providing public notice that the Secretary of Agriculture has determined that cost-share payments made by the Southwest Florida Water Management District (SWFWMD) through its Facilitating Agricultural Resource Management Systems (FARMS) Program, Mini-FARMS Program, Flow Meter Reimbursement Program, Quality of Water Improvement Program (QWIP), and Back-Plugging Funding Assistance Initiative are primarily for the purpose of conserving soil and water resources or protecting and restoring the environment. SWFWMD is a political subdivision of the State of Florida. NRCS was assigned technical and administrative responsibility for reviewing SWFWMD's FARMS Program, Mini-FARMS Program, Flow Meter Reimbursement Program, QWIP, and Back-Plugging Funding Assistance Initiative, and for making appropriate recommendations for the Secretary's determination of primary purpose. The Secretary made the determination for the State of Florida's Agricultural Best Management Practices Program, which is a counterpart to SWFWMD's FARMS Program (74 FR 49850). This determination is in accordance with section 126 of the Internal Revenue Code of 1954, as amended (26 U.S.C. 126), and permits recipients of cost-share payments to exclude such payments from gross income to the extent allowed by the Internal Revenue Service. ADDRESSES: A ``Record of Decision'' for SWFWMD's FARMS Program, Mini- FARMS Program, Flow Meter Reimbursement Program, QWIP, and Back- Plugging Funding Assistance Initiative has been prepared and is available upon request from Mark Rose, Director, Financial Assistance Programs Division, Natural Resources Conservation Service, 1400 Independence Avenue SW., Room 5237 South Building, Washington, DC 20250. FOR FURTHER INFORMATION CONTACT: Robert Beltran, Executive Director, Southwest Florida Water Management District, Phone: (352) 796-7211; or Mark Rose, Director, Financial Assistance Programs Division, Natural Resources Conservation Service. Phone: (202) 720-1844. SUPPLEMENTARY INFORMATION: Under section 126(a)(10) of the Internal Revenue Code, gross income does not include the ``excludable portion'' of payments received under any program of a State, or a political subdivision of a State, under which payments are made to individuals primarily for the purpose of protecting or restoring the environment. In general, a cost-share payment for selected conservation practices is exempt from Federal taxation if it meets three tests: (1) It was for a capital expense, (2) it does not substantially increase the operator's annual income from the property for which it is made, and (3) the Secretary of Agriculture certified that the payment was made primarily for conserving soil and water resources, protecting or restoring the environment, improving forests, or providing habitat for wildlife. The Secretary of Agriculture evaluates a conservation program on the basis of criteria set forth in 7 CFR part 14, and makes a ``primary purpose'' determination for the payments made under the program. The objective of the determination made under part 14 is to provide maximum conservation, environmental, forestry improvement, and wildlife benefits to the general public from the operation of applicable programs. Final determinations are made on the basis of program, category of practices, or individual practices. Following a primary purpose determination by the Secretary of Agriculture, the Secretary of the Treasury determines if the payments made under the conservation program substantially increases the annual income derived from the property benefited by the payments. Determination As provided for by section 126 of the Internal Revenue Code, the Secretary examined the authorizing legislation, regulations, and operating procedures regarding SWFWMD, a political subdivision of the State of Florida, and its FARMS Program, Mini-FARMS Program, Flow Meter Reimbursement Program, QWIP, and Back-Plugging Funding Assistance Initiative. In accordance with the criteria set out in 7 CFR part 14, the Secretary has determined the primary purpose of cost share payments made under SWFWMD's FARMS Program, Mini-FARMS Program, Flow Meter Reimbursement Program, QWIP, and Back-Plugging Funding Assistance Initiative is conserving soil and water resources, or protecting and restoring the environment. The FARMS and Mini-FARMS programs are implemented through Rule 40D-26 of the Florida Administrative Code. SWFWMD implements the FARMS and Mini-FARMS Programs to provide overall water resource benefits and to protect the environment. SWFWMD provides cost-share reimbursement for select best management practices that have potential water conservation, natural system restoration, and water quality benefits. The objectives of the programs are met through cost- shared construction of specific engineered structures, as well as acquisition of specific equipment to meet water conservation and environmental needs. FARMS is a cost-share program to reduce groundwater use through water conservation best management practices (BMP) in agricultural operations. The Mini-FARMS program reimburse growers for on-farm installation of select agricultural practices that have potential water conservation, sediment control, and water improvement benefits up to a $5,000 per project cap. Projects that [[Page 36966]] exceed $5,000 would be considered for funding through the FARMS program. Chapter 40D-2, F.A.C. contains the SWFWMD water use permit regulations that implements the Flow Meter Reimbursement Program. Through its Flow Meter Reimbursement Program, SWFWMD provides cost- share funding for flow meter equipment and installation in the Dover/ Plant City Water Use Caution Area. The program provides cost share for flow meter equipment installed on operational withdraw points, inflow lines, catchment facilities, tail water recovery or rainfall capture ponds and storage facilities that have been in existence prior to June 16, 2011. Flow meters on all withdrawal points are required as a condition of all permits with crops that utilize frost/freeze protection water quantities in the Dover/Plant City Water Use Caution Area to ensure that withdrawals will not cause any unmitigated adverse impacts on the water resources and existing legal users, and that the use continues to be in the public interest. Chapter 373 of the Florida Statutes enables SWFWMD to implement QWIP. Section 373.206 of the Florida Statute authorizes SWFWMD to implement the Back Plugging Funding Assistance Initiative to identify and plug highly mineralized wells of poor water quality to minimize effects upon an aquifer or water bodies. SWFWMD's QWIP and Back- Plugging Funding Assistance Initiative provide reimbursement for the plugging of groundwater wells that have poor water quality. Properly plugging poor quality groundwater wells enhances water conservation, natural system restoration, and water quality benefits. SWFWMD provides financial assistance to properly plug abandoned and deteriorating artesian wells in order to comply with Chapter 373 of the Florida Statutes. Plugging wells involves filling the abandoned well with cement or bentonite. Signed this 1st day of May 2015, in Washington, DC. Jason A. Weller, Chief, Natural Resources Conservation Service. [FR Doc. 2015-15937 Filed 6-26-15; 8:45 am] BILLING CODE 3410-16-P
![Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Notices 36965
be purchased off-site at over 200 retail subdivision of the State of Florida. makes a ‘‘primary purpose’’
vendors or online. NRCS was assigned technical and determination for the payments made
The Federal Lands Recreation administrative responsibility for under the program. The objective of the
Enhancement Act (Title VII, Pub. L. reviewing SWFWMD’s FARMS determination made under part 14 is to
108–447) directs the Secretary of Program, Mini-FARMS Program, Flow provide maximum conservation,
Agriculture to publish a six month Meter Reimbursement Program, QWIP, environmental, forestry improvement,
advance notice in the Federal Register and Back-Plugging Funding Assistance and wildlife benefits to the general
whenever new recreation fee areas are Initiative, and for making appropriate public from the operation of applicable
established. This new fee, as well as the recommendations for the Secretary’s programs. Final determinations are
fee changes proposed in the larger fee determination of primary purpose. The made on the basis of program, category
proposal, were reviewed and Secretary made the determination for of practices, or individual practices.
recommended by the BLM Arizona the State of Florida’s Agricultural Best Following a primary purpose
Recreation Resource Advisory Council Management Practices Program, which determination by the Secretary of
(R–RAC) on June 4, 2015. is a counterpart to SWFWMD’s FARMS Agriculture, the Secretary of the
FOR FURTHER INFORMATION CONTACT: Greg Program (74 FR 49850). Treasury determines if the payments
Schuster at 620–225–5200 or by email at This determination is in accordance made under the conservation program
tonto_recreation@fs.fed.us. Information with section 126 of the Internal Revenue substantially increases the annual
about the 2014 Recreation Fee Proposal Code of 1954, as amended (26 U.S.C. income derived from the property
can also be found on the Tonto National 126), and permits recipients of cost- benefited by the payments.
Forest Web site: http://www.fs.usda.gov/ share payments to exclude such Determination
detail/tonto/home/ payments from gross income to the
extent allowed by the Internal Revenue As provided for by section 126 of the
?cid=STELPRDB5405154. Internal Revenue Code, the Secretary
Service.
Dated: June 17, 2015. examined the authorizing legislation,
ADDRESSES: A ‘‘Record of Decision’’ for
Kerwin Dewberry, regulations, and operating procedures
SWFWMD’s FARMS Program, Mini-
Deputy Forest Supervisor, Tonto National regarding SWFWMD, a political
FARMS Program, Flow Meter
Forest. subdivision of the State of Florida, and
Reimbursement Program, QWIP, and
[FR Doc. 2015–15596 Filed 6–26–15; 8:45 am] its FARMS Program, Mini-FARMS
Back-Plugging Funding Assistance
BILLING CODE 3410–11–P Program, Flow Meter Reimbursement
Initiative has been prepared and is
Program, QWIP, and Back-Plugging
available upon request from Mark Rose,
Funding Assistance Initiative. In
Director, Financial Assistance Programs
DEPARTMENT OF AGRICULTURE accordance with the criteria set out in
Division, Natural Resources
7 CFR part 14, the Secretary has
Natural Resources Conservation Conservation Service, 1400
determined the primary purpose of cost
Service Independence Avenue SW., Room 5237 share payments made under
South Building, Washington, DC 20250. SWFWMD’s FARMS Program, Mini-
[Docket No. NRCS–2015–0008] FOR FURTHER INFORMATION CONTACT: FARMS Program, Flow Meter
Robert Beltran, Executive Director, Reimbursement Program, QWIP, and
The Secretary of Agriculture’s
Southwest Florida Water Management Back-Plugging Funding Assistance
Determination of the Primary Purpose
District, Phone: (352) 796–7211; or Mark Initiative is conserving soil and water
of the Southwest Florida Water
Rose, Director, Financial Assistance resources, or protecting and restoring
Management District’s Facilitating
Programs Division, Natural Resources the environment. The FARMS and Mini-
Agricultural Resource Management
Conservation Service. Phone: (202) 720– FARMS programs are implemented
Systems Program, Mini-FARMS
1844. through Rule 40D–26 of the Florida
Program, Flow Meter Reimbursement
SUPPLEMENTARY INFORMATION: Under Administrative Code. SWFWMD
Program, Quality of Water
Improvement Program, and Back- section 126(a)(10) of the Internal implements the FARMS and Mini-
Plugging Funding Assistance Initiative Revenue Code, gross income does not FARMS Programs to provide overall
include the ‘‘excludable portion’’ of water resource benefits and to protect
AGENCY: Natural Resources payments received under any program the environment. SWFWMD provides
Conservation Service (NRCS), USDA. of a State, or a political subdivision of cost-share reimbursement for select best
ACTION: Notice of determination. a State, under which payments are made management practices that have
to individuals primarily for the purpose potential water conservation, natural
SUMMARY: The Natural Resources of protecting or restoring the system restoration, and water quality
Conservation Service is providing environment. In general, a cost-share benefits. The objectives of the programs
public notice that the Secretary of payment for selected conservation are met through cost-shared
Agriculture has determined that cost- practices is exempt from Federal construction of specific engineered
share payments made by the Southwest taxation if it meets three tests: (1) It was structures, as well as acquisition of
Florida Water Management District for a capital expense, (2) it does not specific equipment to meet water
(SWFWMD) through its Facilitating substantially increase the operator’s conservation and environmental needs.
Agricultural Resource Management annual income from the property for FARMS is a cost-share program to
Systems (FARMS) Program, Mini- which it is made, and (3) the Secretary reduce groundwater use through water
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FARMS Program, Flow Meter of Agriculture certified that the payment conservation best management practices
Reimbursement Program, Quality of was made primarily for conserving soil (BMP) in agricultural operations. The
Water Improvement Program (QWIP), and water resources, protecting or Mini-FARMS program reimburse
and Back-Plugging Funding Assistance restoring the environment, improving growers for on-farm installation of select
Initiative are primarily for the purpose forests, or providing habitat for wildlife. agricultural practices that have potential
of conserving soil and water resources The Secretary of Agriculture evaluates water conservation, sediment control,
or protecting and restoring the a conservation program on the basis of and water improvement benefits up to a
environment. SWFWMD is a political criteria set forth in 7 CFR part 14, and $5,000 per project cap. Projects that
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![36966 Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Notices
exceed $5,000 would be considered for DEPARTMENT OF AGRICULTURE 3. Determine cost-effective ways in
funding through the FARMS program. which the agricultural industry can
Natural Resources Conservation improve air quality;
Chapter 40D–2, F.A.C. contains the
Service 4. Coordinate and ensure
SWFWMD water use permit regulations
intergovernmental cooperation on
that implements the Flow Meter Request for Nominations to the research activities related to agricultural
Reimbursement Program. Through its Agricultural Air Quality Task Force air quality issues to avoid duplication,
Flow Meter Reimbursement Program, and ensure data quality and sound
SWFWMD provides cost-share funding AGENCY: Natural Resources interpretation of data; and
for flow meter equipment and Conservation Service, USDA. 5. Advise the Secretary of Agriculture
installation in the Dover/Plant City ACTION: Notice of Request for on the role of the Secretary for
Water Use Caution Area. The program Nominations to the Agricultural Air providing oversight and coordination
provides cost share for flow meter Quality Task Force. related to agricultural air quality.
equipment installed on operational
SUMMARY: The Secretary of Agriculture AAQTF Membership
withdraw points, inflow lines,
catchment facilities, tail water recovery invites nominations of qualified The task force expects to meet two to
or rainfall capture ponds and storage candidates to be considered for a 2-year three times each year, with meetings
facilities that have been in existence term on the Agricultural Air Quality held at various locations across the
prior to June 16, 2011. Task Force (AAQTF) established by the United States. A task force member will
Federal Agriculture Improvement and serve for a term of 2 years, starting with
Flow meters on all withdrawal points Reform Act of 1996 to provide the date of charter establishment for this
are required as a condition of all permits recommendations to the Secretary of task force. The Chief of NRCS serves as
with crops that utilize frost/freeze Agriculture on agricultural air quality Chair of the task force. The task force is
protection water quantities in the issues. This notice solicits nominations composed of United States citizens
Dover/Plant City Water Use Caution for membership on AAQTF. representing a broad spectrum of
Area to ensure that withdrawals will not DATES: Effective Date: This is effective individuals with interest in agricultural
cause any unmitigated adverse impacts June 29, 2015. air quality issues. This includes, but is
on the water resources and existing legal not limited to, representatives from the
users, and that the use continues to be ADDRESSES: Nominations should be agricultural production and processing
in the public interest. postmarked no later than August 13, sector, as well as those from academia,
2015 to Greg Johnson, Designated agribusiness, regulatory organizations,
Chapter 373 of the Florida Statutes Federal Official, Department of
enables SWFWMD to implement QWIP. environmental organizations, and local
Agriculture, Natural Resources or State agencies.
Section 373.206 of the Florida Statute Conservation Service, 1201 Northeast Nominees to AAQTF will be
authorizes SWFWMD to implement the Lloyd Boulevard, Suite 1000, Portland, evaluated on a number of criteria,
Back Plugging Funding Assistance Oregon 97232, or sent by email to including expertise in or experience
Initiative to identify and plug highly greg.johnson@por.usda.gov. with agricultural air quality research,
mineralized wells of poor water quality FOR FURTHER INFORMATION CONTACT: Greg agricultural production, and air quality
to minimize effects upon an aquifer or Johnson, Designated Federal Official, environmental or regulatory issues.
water bodies. SWFWMD’s QWIP and Department of Agriculture, Natural Serving as a task force member will
Back-Plugging Funding Assistance Resources Conservation Service, 1201 not constitute employment by, or the
Initiative provide reimbursement for the Northeast Lloyd Boulevard, Suite 1000, holding of, an office of the United States
plugging of groundwater wells that have Portland, Oregon 97232; telephone: for the purpose of any Federal law.
poor water quality. Properly plugging (503) 273–2424; fax: (503) 273–2401; Persons selected for membership on the
poor quality groundwater wells email: greg.johnson@por.usda.gov. task force will not receive compensation
enhances water conservation, natural from NRCS for their service as task force
SUPPLEMENTARY INFORMATION:
system restoration, and water quality members, except that while away from
benefits. SWFWMD provides financial AAQTF Purpose home or regular place of business the
assistance to properly plug abandoned member will be eligible for travel
Section 391 of the Federal Agriculture
and deteriorating artesian wells in order expenses paid by NRCS, including per
Improvement and Reform Act of 1996,
to comply with Chapter 373 of the diem in lieu of subsistence, at the same
Public Law 104–127, 7 U.S.C. 5405,
Florida Statutes. Plugging wells rate as a person employed intermittently
requires the Chief of the Natural
involves filling the abandoned well with in the government service, under
Resource Conservation Service (NRCS)
section 5703 of Title 5, U.S.C.
cement or bentonite. to establish a task force to address air
Additional information about AAQTF
Signed this 1st day of May 2015, in agricultural quality issues. The task
may be found on the World Wide Web
Washington, DC. force advises the Secretary of
at http://www.airquality.nrcs.usda.gov/
Agriculture on the role of the Secretary
Jason A. Weller, wps/portal/nrcs/detail/national/air/
for providing oversight and
Chief, Natural Resources Conservation taskforce/.
coordination related to agricultural air
Service. quality. The requirements of the Federal Member Nominations
[FR Doc. 2015–15937 Filed 6–26–15; 8:45 am] Advisory Committee Act, 5 U.S.C.
mstockstill on DSK4VPTVN1PROD with NOTICES
Any interested person or organization
BILLING CODE 3410–16–P App.2, apply to this task force. may nominate qualified individuals for
The Task Force will: membership. Interested candidates may
1. Strengthen vital research efforts nominate themselves. Previous
related to agricultural air quality; nominees and task force members who
2. Determine the extent to which wish to be considered for membership
agricultural activities contribute to air on the task force must submit a new
pollution; nomination with updated information,
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Document Created: 2015-12-15 14:25:08
Document Modified: 2015-12-15 14:25:08
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of determination. | |
| Contact | Robert Beltran, Executive Director, Southwest Florida Water Management District, Phone: (352) 796-7211; or Mark Rose, Director, Financial Assistance Programs Division, Natural Resources Conservation Service. Phone: (202) 720-1844. | |
| FR Citation | 80 FR 36965 |
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