83 FR 23207 - Conservation Program Recipient Reporting

DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
Commodity Credit Corporation

Federal Register Volume 83, Issue 97 (May 18, 2018)

The Office of Management and Budget (OMB) issued regulatory guidance to agencies to establish requirements for Federal financial assistance applicants, recipients, and subrecipients that are necessary for the implementation of the Federal Funding Accountability and Transparency Act of 2006 (the Transparency Act). Since FY 2011, NRCS included the requirements identified in each of the NRCS conservation program regulations that involve an award of Federal financial assistance. Section 766 of the Consolidated Appropriations Act of 2018 amended the Food Security Act of 1985 to exempt producers and landowners participating in NRCS conservation programs from the Transparency Act regulations. Therefore, NRCS is removing specific reference to the Transparency Act regulations in its conservation program regulations where such requirements affect its conservation program agreements with producers and landowners.

[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Rules and Regulations]
[Pages 23207-23209]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10641]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

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

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Rules and 
Regulations

[[Page 23207]]



DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

7 CFR Parts 625 and 636

Commodity Credit Corporation

7 CFR Parts 1415, 1465, 1466, 1468, and 1470

RIN 0578-AA64


Conservation Program Recipient Reporting

AGENCY: Commodity Credit Corporation (CCC) and Natural Resources 
Conservation Service (NRCS), USDA.

ACTION: Final rule.

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

SUMMARY: The Office of Management and Budget (OMB) issued regulatory 
guidance to agencies to establish requirements for Federal financial 
assistance applicants, recipients, and subrecipients that are necessary 
for the implementation of the Federal Funding Accountability and 
Transparency Act of 2006 (the Transparency Act). Since FY 2011, NRCS 
included the requirements identified in each of the NRCS conservation 
program regulations that involve an award of Federal financial 
assistance. Section 766 of the Consolidated Appropriations Act of 2018 
amended the Food Security Act of 1985 to exempt producers and 
landowners participating in NRCS conservation programs from the 
Transparency Act regulations. Therefore, NRCS is removing specific 
reference to the Transparency Act regulations in its conservation 
program regulations where such requirements affect its conservation 
program agreements with producers and landowners.

DATES: Effective May 18, 2018.

FOR FURTHER INFORMATION CONTACT: For specific questions about this 
notice, please contact Martha Joseph, Special Assistant to the Deputy 
Chief for Programs, (814) 203-5562 or [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    The Office of Management and Budget (OMB) published two regulations 
in October 2010, 2 CFR part 25 and 2 CFR part 170, to assist agencies 
and recipients of Federal financial assistance comply with the Federal 
Funding Accountability and Transparency Act of 2006 (FFATA) (Pub. L. 
109-282, as amended). Both regulations had implementation requirements 
beginning October 1, 2010.
    The regulations at 2 CFR part 25 require, with some exceptions, 
recipients of Federal financial assistance to apply for and receive a 
Dun and Bradstreet Universal Numbering Systems (DUNS) number and 
register in the System for Award Management (SAM). The regulations at 2 
CFR part 170 establish requirements for Federal financial assistance 
applicants, recipients, and subrecipients. The regulation provides 
standard wording that each agency must include in its awarding of 
financial assistance that requires recipients to report information 
about first-tier subawards and executive compensation under those 
awards.
    During the regulatory clearance process, NRCS cross-referenced the 
requirements of 2 CFR part 25 and 2 CFR part 170 in all conservation 
program regulations, policies, and program agreements developed 
subsequent to October 2010. These requirements in particular have been 
cross-referenced in the following NRCS conservation program 
regulations: The Watershed Operations and Flood Prevention Program (7 
CFR 622.30(d)), the Emergency Watershed Protection Program (7 CFR 
624.6(a)(2)(iv)), the Healthy Forests Reserve Program (7 CFR 
625.4(b)(3)), the Wildlife Habitat Incentive Program (7 CFR 
636.4(a)(12)), the Grassland Reserve Program (7 CFR 1415.6(e)), the 
Voluntary Public Access-Habitat Incentives Program (7 CFR 1455.30(c)), 
the Agricultural Management Assistance Program (7 CFR 1465.5(c)(12)), 
the Environmental Quality Incentives Program (7 CFR part 1466.6(b)(7)), 
the Agricultural Conservation Easement Program (7 CFR 
1468.20(b)(2)(ii), 1468.23(d), and 1468.30(c)(3)), the Conservation 
Stewardship Program (7 CFR 1470.6(a)(6)), and the Farm and Ranch Lands 
Protection Program (7 CFR part 1491.20(d)).
    Section 766 of the Consolidated Appropriations Act of 2018 added a 
new subsection to section 1244 of the Food Security Act of 1985 to 
exempt producers and landowners participating in NRCS conservation 
programs from the Transparency Act regulations. Therefore, the purpose 
of this final rule is to remove from NRCS regulations the requirement 
that producers and landowners obtain a DUNS number and maintain an 
active registration in SAM for NRCS conservation program participation. 
Additionally, in accordance with this statutory exemption, NRCS has 
removed from its policies and program documents the requirement for 
DUNS/SAM compliance that affect producers and landowners directly. NRCS 
will continue to make available to the public program payment 
information as authorized by Section 1619 of the Food, Conservation, 
and Energy Act of 2008 in accordance with the transparency principles 
of the Transparency Act. NRCS will continue to meet its financial 
control responsibilities, without its conservation program participants 
having a DUNS number or active SAM registration, through utilization of 
USDA's business tools that facilitate NRCS's ability to ensure that 
program payment eligibility and limitations are met.
    Thus, this final rule removes the NRCS regulatory provisions that 
cross-reference compliance with 2 CFR parts 25 and 170 with respect to 
conservation program agreements between NRCS and producers or 
landowners. Because the Consolidated Appropriations Act of 2018 did not 
exempt other entities from 2 CFR parts 25 and 170, NRCS retains its 
current regulatory requirements for grants and cooperative agreements, 
such as those under the watershed programs or the Voluntary Public 
Access Habitat Incentives Program. Therefore, no changes are made to 7 
CFR parts 622, 624, 1455, and 1491. Additionally, no changes are made 
to 7 CFR part 1468 with respect to Agricultural Land Easement 
agreements under the Agricultural Conservation Easement Program (ACEP), 
though the regulatory cross-reference to the requirements of 2 CFR 
parts 25 and 170 are removed with

[[Page 23208]]

respect to Wetland Reserve Easement agreements under ACEP.
    The changes are non-discretionary, and thus no public comments are 
being solicited.

Executive Order 12866

    This document does not meet the criteria for a significant 
regulatory action as specified in Executive Order 12866.

Regulatory Flexibility Act

    It has been determined that the Regulatory Flexibility Act is not 
applicable to this rule because neither the CCC nor Natural Resources 
NRCS is required by 5 U.S.C. 553, or any other provision of law, to 
publish a notice of proposed rulemaking with respect to the subject 
matter of this rule.

Environmental Analysis

    NRCS has determined that changes made by this rule fall within a 
category of actions that are excluded from the requirement to prepare 
either an Environmental Assessment (EA) or Environmental Impact 
Statement (EIS). Administrative changes made in this rule fall within a 
categorical exclusion for policy development relating to routine 
activities and similar administrative functions (7 CFR 1b.3(a)(1)), and 
NRCS has identified no extraordinary circumstances that would otherwise 
require preparation of an EA or EIS.

Paperwork Reduction Act

    Section 1244(m) of the Food Security Act of 1985, as amended by 
Section 766 of the Consolidated Appropriations Act of 2018, exempts 
producers and landowners participating in NRCS conservation programs 
from the Transparency Act regulations at 2 CFR parts 25 and 170. 
Therefore, there is no burden associated with the removal of the 
reference to the Transparency Act regulations from NRCS conservation 
program regulations that must be reported pursuant to the Paperwork 
Reduction Act.

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    Executive Order 13175 requires Federal agencies to consult and 
coordinate with Tribes on a government to-government basis on policies 
that have tribal implications, including regulations, legislative 
comments or proposed legislation, and other policy statements or 
actions that have substantial direct effects on one or more Indian 
Tribes, on the relationship between the Federal Government and Indian 
Tribes, or on the distribution or power and responsibilities between 
the Federal Government and Indian Tribes. In late 2010 and early 2011, 
USDA engaged in a series of informational sessions to obtain input by 
Tribal officials or their designees concerning the impact of the 
original imposition of Transparency Act requirements on the Tribe or 
Indian Tribal governments, or whether such imposition may preempt 
Tribal law. USDA will provide additional venues, such as webinars and 
teleconferences, to periodically host collaborative conversations with 
Tribal officials or their designees concerning ways to improve this 
rule in Indian Country. We are unaware of any current Tribal laws that 
could be in conflict with this final rule. If a Tribe requests 
consultation, the Natural Resources Conversation Service will work with 
the Office of Tribal Relations to ensure meaningful consultation is 
provided where changes, additions, and modifications identified in NRCS 
conservation program implementation are not expressly mandated by 
Congress.

Unfunded Mandates Reform Act of 1995

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995, 
Public Law 104-4, NRCS assessed the effects of this rulemaking action 
on State, local, and tribal governments, and the public. This action 
does not compel the expenditure of $100 million or more by any State, 
local or tribal governments, or anyone in the private sector, and 
therefore, a statement under section 202 of the Unfunded Mandates 
Reform Act of 1995 is not required.

List of Subjects

7 CFR Part 625

    Administrative practice and procedure, Agriculture, Forests and 
forest products, Soil conservation.

7 CFR Part 636

    Administrative practice and procedure, Endangered and threatened 
species, Government contracts, Wildlife.

7 CFR Part 1415

    Administrative practice and procedure, Agriculture, Grazing lands, 
Soil conservation.

7 CFR Parts 1465 and 1466

    Administrative practice and procedure, Government contracts, 
Natural resources, Soil conservation, Water resources.

7 CFR Part 1468

    Agriculture, Flood plains, Grazing lands, Natural resources, Soil 
conservation, Wildlife.

7 CFR Part 1470

    Agriculture, Forests and forest products, Natural resources, Soil 
conservation, Water resources, Wildlife.

    Accordingly, 7 CFR parts 625, 636, 1415, 1465, 1466, 1468, and 1470 
are amended as follows:

PART 625--HEALTHY FORESTS RESERVE PROGRAM

0
1. The authority citation for part 625 continues to read as follows:

    Authority: 16 U.S.C. 6571-6578.


0
2. Section 625.4 is amended by revising paragraphs (b)(1) and (2) and 
removing paragraph (b)(3).
    The revisions read as follows:


Sec.  625.4  Program requirements.

* * * * *
    (b) * * *
    (1) Be the landowner of eligible land for which enrollment is 
sought; and
    (2) Agree to provide such information to NRCS, as the agency deems 
necessary or desirable, to assist in its determination of eligibility 
for program benefits and for other program implementation purposes.
* * * * *

PART 636--WILDLIFE HABITAT INCENTIVE PROGRAM

0
3. The authority citation for part 636 continues to read as follows:

    Authority: 16 U.S.C. 3839bb-1.


0
4. Section 636.4 is amended by revising paragraphs (a)(10) and (11) and 
removing paragraph (a)(12).
    The revisions read as follows:


Sec.  636.4  Program requirements.

    (a) * * *
    (10) Supply information, as required by NRCS, to determine 
eligibility for the program including, but not limited to, information 
to verify the applicant's status as a limited resource farmer or 
rancher or beginning farmer or rancher and payment eligibility as 
established by 7 CFR part 1400, Adjusted Gross Income (AGI); and
    (11) With regard to any participant that utilizes a unique 
identification number as an alternative to a tax identification number, 
the participant will utilize only that identifier for any and all other 
WHIP cost-share agreements to which the participant is a party. 
Violators will be considered to

[[Page 23209]]

have provided fraudulent representation and are subject to Sec.  
636.13.
* * * * *

PART 1415--GRASSLANDS RESERVE PROGRAM

0
5. The authority citation for part 1415 continues to read as follows:

    Authority: 16 U.S.C. 3838n-3838q.


0
6. Section 1415.6 is amended by revising paragraphs (c) and (d) and 
removing paragraph (e).
    The revisions read as follows:


Sec.  1415.6  Participant eligibility.

* * * * *
    (c) Meet the Adjusted Gross Income requirements in part 1400 of 
this chapter, unless exempted under part 1400 of this chapter; and
    (d) Meet the conservation compliance requirements found in part 12 
of this title.
* * * * *

PART 1465--AGRICULTURAL MANAGEMENT ASSISTANCE

0
7. The authority citation for part 1465 continues to read as follows:

    Authority: 7 U.S.C. 1524(b).


0
8. Section 1465.5 is amended by revising paragraphs (c)(10) and (11) 
and removing paragraph (c)(12).
    The revisions read as follows:


Sec.  1465.5  Program requirements.

* * * * *
    (c) * * *
    (10) Be in compliance with the terms of all other USDA-administered 
conservation program agreements to which the participant is a party; 
and
    (11) Develop and agree to comply with an APO and O&M agreement, as 
described in Sec.  1465.3.
* * * * *

PART 1466--ENVIRONMENTAL QUALITY INCENTIVES PROGRAM

0
9. The authority citation for part 1466 continues to read as follows:

    Authority: 15 U.S.C. 714b and 714c; 16 U.S.C. 3839aa-3839-8.


0
10. Section 1466.6 is amended by:
0
a. Revising paragraph (b)(6);
0
b. Removing paragraph (b)(7); and
0
c. Redesignating paragraph (b)(8) as paragraph (b)(7) and revising it.
    The revisions read as follows:


Sec.  1466.6  Program requirements.

* * * * *
    (b) * * *
    (6) Supply information, as required by NRCS, to determine 
eligibility for the program, including but not limited to, information 
to verify the applicant's status as a limited resource, beginning 
farmer or rancher, and payment eligibility as established by 7 CFR part 
1400; and
    (7) Provide a list of all members of the legal entity and embedded 
entities along with members' tax identification numbers and percentage 
interest in the entity.
* * * * *

PART 1468--AGRICULTURAL CONSERVATION EASEMENT PROGRAM

0
11. The authority citation for part 1468 continues to read as follows:

    Authority: 15 U.S.C. 714b and 714c; 16 U.S.C. 3865-3865d.


Sec.  1468.30  [Amended]

0
12. Section 1468.30 is amended by:
0
a. Removing paragraph (c)(3);
0
b. Redesignating the second paragraph (c)(4) as paragraph (c)(5); and
0
c. Redesignating paragraphs (c)(4) and newly redesignated (c)(5) as 
paragraphs (c)(3) and (4), respectively.

PART 1470--CONSERVATION STEWARDSHIP PROGRAM

0
13. The authority citation for part 1470 continues to read as follows:

    Authority: 16 U.S.C. 3838d-3838g.


0
14. Section 1470.6 is amended by:
0
a. Revising paragraph (a)(5);
0
b. Removing paragraph (a)(6);
0
c. Redesignating paragraph (a)(7) as paragraph (a)(6) and revising it.
    The revisions read as follows:


Sec.  1470.6  Eligibility requirements.

    (a) * * *
    (5) Supply information, as required by NRCS, to determine 
eligibility for the program, including but not limited to, information 
related to eligibility requirements and ranking factors; conservation 
activity and production system records; information to verify the 
applicant's status as an historically underserved producer or a veteran 
farmer or rancher, if applicable; and payment eligibility as 
established by 7 CFR part 1400; and
    (6) Provide a list of all members of the legal entity or joint 
operation, as applicable, and embedded entities along with members' tax 
identification numbers and percentage interest in the legal entity or 
joint operation. Where applicable; American Indians, Alaska Natives, 
and Pacific Islanders may use another unique identification number for 
each individual eligible for payments.
* * * * *

    Signed in Washington, DC, on May 14, 2018.
Leonard Jordan,
Vice President, Commodity Credit Corporation, Acting Chief, Natural 
Resources Conservation Service.
[FR Doc. 2018-10641 Filed 5-17-18; 8:45 am]
 BILLING CODE 3410-16-P