State Technical Committees, 15673-15677 [E9-7771]
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15673
Proposed Rules
Federal Register
Vol. 74, No. 65
Tuesday, April 7, 2009
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation
Service
7 CFR Part 610
State Technical Committees
AGENCY: Natural Resources
Conservation Service (NRCS), United
States Department of Agriculture
(USDA).
ACTION: Standard operating procedures
for State Technical Committees.
SUMMARY: Section 1261(b)(1) of the Food
Security Act of 1985, as amended by the
Food, Conservation, and Energy Act of
2008 (2008 Act) requires the Secretary
of Agriculture to develop standard
operating procedures to standardize the
operations of State Technical
Committees. NRCS published an interim
final rule for State Technical
Committees, 7 CFR part 610, in the
Federal Register on November 25, 2008,
that states NRCS will incorporate
standard operating procedures for State
Technical Committees into its directives
system and provide public notice of
those procedures. NRCS seeks public
comment on this document that
includes the current NRCS standard
operating procedures as set forth in the
NRCS directives system.
DATES: Comment Date: Submit
comments on or before June 8, 2009.
ADDRESSES: You may send comments
using any of the following methods:
• Government-wide rulemaking Web
site: Go to https://regulations.gov and
follow the instructions for sending
comments electronically.
• Mail: Conservation Technical
Assistance Programs Division, U.S.
Department of Agriculture, Natural
Resources Conservation Service, 1400
Independence Avenue, SW., Room 6015
South Building, Washington, DC 20250–
2890.
• Fax: (202) 720–2998
• Hand Delivery: Room 6015 of the
USDA South Office Building, 1400
Independence Avenue, SW.,
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Washington, DC 20250, between 9 a.m.
and 4 p.m., Monday through Friday,
except Federal holidays. Please ask the
guard at the entrance to the South
Building to call (202) 720–8851 in order
to be escorted into the building.
• This notice may be accessed via
Internet. Users can access the NRCS
homepage at https://www.nrcs.usda.gov/;
select the Farm Bill link from the menu.
Persons with disabilities who require
alternative means for communication
(Braille, large print, audio tape, etc.)
should contact the USDA Target Center
at: (202) 720–2600 (voice and TDD).
FOR FURTHER INFORMATION CONTACT:
Andree DuVarney, Branch Chief,
Conservation Technical Assistance,
Conservation Planning and Technical
Assistance Division, U.S. Department of
Agriculture, Natural Resources
Conservation Service, PO Box 2890,
Room 6015—South Building,
Washington, DC 20013–2890; telephone:
(202) 720–1510; fax: (202) 720–2998; or
e-mail: STC2008@wdc.usda.gov, Attn:
State Technical Committees.
SUPPLEMENTARY INFORMATION:
Background
NRCS establishes its policies and
procedures through its directives
system. The NRCS national policy for
State Technical Committees, including
standard operating procedures, can be
accessed through the NRCS directives
system at: https://
directives.sc.egov.usda.gov/. In
particular, the standard operating
procedures for the State Technical
Committees can be found in the
Programs Manual (440), Part 501,
Subpart B of the NRCS Directives
System. NRCS has reprinted the current
standard operating procedures in this
notice. NRCS reserves the right to
update its policy on State Technical
Committees, including standard
operating procedures, without further
Federal Register notice.
State Technical Committee Standard
Operating Procedures
Part 501
Subpart B—State Technical Committees
501.10 Overview of State Technical
Committees
(a) Introduction
The Secretary is required to establish
a technical committee in each State to
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advise on the implementation and
technical aspects of natural resource
conservation programs and activities
under Title XII of the Food Security Act
of 1985 (the 1985 Act), as amended.
(b) Statutory Authority
Sections 1261 and 1262 of the 1985
Act, as amended, establish the State
Technical Committees and define their
legal roles and responsibilities.
(c) Delegation of Responsibility to NRCS
The Secretary delegated responsibility
for establishing technical committees to
NRCS. Although the State
Conservationist chairs the committee,
State Technical Committees may be
used in an advisory capacity by other
USDA agencies.
(d) Exemption From the Federal
Advisory Committee Act
Section 1262 of the 1985 Act, as
amended, exempts State Technical
Committees and Local Working Groups
(Part 501.14) from the Federal Advisory
Committee Act requirements.
501.11 Roles and Responsibilities of
State Technical Committees
(a) Introduction
State Technical Committees provide
information, analysis, and
recommendations to appropriate
officials of USDA who are charged with
implementing and establishing
priorities and criteria for natural
resources conservation activities and
programs under Title XII of the 1985
Act, as amended. Although State
Technical Committees are advisory in
nature and have no implementation or
enforcement authority, USDA gives
strong consideration to the State
Technical Committees’
recommendations.
(b) Roles and Responsibilities Related to
All Programs
Each State Technical Committee will
provide information, analysis, and
recommendations for the following
programs and initiatives, as needed and
where applicable:
• Agricultural Water Enhancement
Program
• Chesapeake Bay Watershed
Initiative
• Conservation Compliance
• Conservation Innovation Grants
• Conservation Reserve Program
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• Conservation Security Program
• Conservation Stewardship Program
• Conservation of Private Grazing
Land
• Cooperative Conservation
Partnership Initiative
• Environmental Quality Incentives
Program
• Farm and Ranch Lands Protection
Program
• Grassland Reserve Program
• Grassroots Source Water Protection
Program
• Grazing Lands Conservation
Initiative
• Great Lakes Basin Program
• Technical Service Providers
• Voluntary Public Access and
Habitat Incentive Program
• Wetlands Reserve Program
• Wildlife Habitat Incentive Program
• Call and provide notice of public
meetings;
• Follow the Standard Operating
Procedures; and
• Provide other USDA agencies with
recommendations from the State
Technical Committee for programs
under their purview.
(c) Other Members
501.12 State Technical Committee
Membership
(d) Ensuring Diversity
(c) Example Recommendations
Such recommendations may include,
but are not limited to:
• Priority natural resource concerns
in the State;
• Criteria for priority watersheds for
programmatic focus;
• Appropriate mix of conservation
programs and practices to address
natural resource concerns, including
coordination with relevant State and
Tribal programs;
• Cost-share rates as applied in
payment schedules for conservation
practices;
• Techniques for outreach to
historically underserved citizens;
• Criteria to be used in ranking
program applications;
• Conservation practice standards;
and
• Innovative conservation practices
and approaches.
(b) Composition
(d) Review of Local Working Groups
Annually, the State Technical
Committees will review whether Local
Working Groups are addressing State
priorities and criteria for ranking
program applications.
(e) Role of the State Conservationist
The State Conservationist will:
• Chair the committee;
• Ensure representation of all
interests, to the extent practicable:
• Give strong consideration to the
committee’s advice on NRCS programs,
initiatives, and activities;
(a) Introduction
Each State Technical Committee will
be composed of agricultural producers,
owners/operators of nonindustrial
private forest land, and other
professionals that represent a variety of
interests and disciplines in the soil,
water, wetland, plant, and wildlife
sciences.
The State Technical Committee for
each State shall include representatives
from among the following:
• Natural Resources Conservation
Service, USDA;
• Farm Service Agency (FSA), USDA;
• FSA State Committee, USDA;
• Forest Service, USDA;
• National Institute of Food and
Agriculture, USDA;
• Each of the Federally recognized
American Indian Tribal Governments
and Alaskan Native Corporations
encompassing 100,000 acres or more in
the State;
• Association of soil and water
conservation districts;
• State departments and agencies
within the State, including the:
1. Agricultural agency;
2. Fish and wildlife agency;
3. Forestry agency;
4. Soil and water conservation agency;
and
5. Water resources agency.
• Agricultural producers representing
the variety of crops and livestock or
poultry raised within the State;
• Owners of nonindustrial private
forest land;
• Nonprofit organizations, within the
meaning of section 501(c)(3) of the
Internal Revenue Code of 1986, with
demonstrable conservation expertise
and experience working with
agricultural producers in the State; and
• Agribusiness.
Examples of specialized subcommittees
The State Conservationist will invite
other Federal agencies and persons
knowledgeable about economic and
environmental impacts of conservation
techniques and programs to participate,
as needed.
To ensure that recommendations of
the State Technical Committee take into
account the needs of diverse groups
served by USDA, membership will
include, to the extent practicable,
individuals with demonstrated ability to
represent the conservation and related
technical concerns of particular
historically underserved groups and
individuals including, but not limited
to, the following:
• Minorities;
• Women;
• Persons with disabilities; and
• Socially and economically
disadvantaged groups.
501.13 Specialized Subcommittees of
State Technical Committees
(a) Introduction
In some situations, specialized
subcommittees composed of State
Technical Committee members may be
needed to analyze and refine specific
issues. The State Conservationist may
assemble certain committee members,
including members of Local Working
Groups and other experts, to discuss,
examine, and focus on a particular
technical or programmatic topic, or
combination of such.
(b) Public Involvement
Specialized subcommittees are open
to the public and may seek public
participation, but they are not required
to do so. Recommendations of
specialized subcommittees will be
presented in general sessions of State
Technical Committees, where the public
is notified and invited to attend.
(c) Examples of Specialized
Subcommittees
The following are examples of
specialized subcommittees:
Program or topic
Task
Program
Environmental Quality Incentives Program .....
State Forestry Subcommittee .............................
All programs .....................................................
Provide input to develop State ranking criteria
and make recommendations to the State
Technical Committee.
Provide recommendations to the State Technical Committee on forestry conservation
practices and payment rates to be supported in conservation programs.
Environmental Quality Incentives
Ranking Criteria Subcommittee.
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Examples of specialized subcommittees
Program or topic
Task
Conservation Easement Geographic Rate Subcommittee.
Wetlands Reserve Program and Grassland
Reserve Program.
Payment Schedule Subcommittee .....................
All cost-sharing programs ................................
State Wildlife Subcommittee ..............................
Wildlife Habitat Incentive Program (WHIP) .....
Priority Watershed Subcommittee ......................
Chesapeake Bay Watershed Initiative .............
Develop recommendations for the Geographic
Area Rate Cap and present it to the State
Technical Committee.
Provide recommendations for practices and
payment rates for conservation programs
that support program objectives and State
and local priorities.
Provide recommendations (to the State Technical Committee) for the State WHIP plan
that incorporates priorities of the State comprehensive wildlife action plan and similar
plans and initiatives.
Recommend priority watersheds for focusing
funding for effective use of available resources.
501.14 Standard Operating Procedures
for State Technical Committees
(a) Organization and Function
The State Conservationist will serve
as the Chairperson of the State
Technical Committee.
State Technical Committees will be
used to provide information, analysis,
and recommendations to NRCS and
other USDA agencies responsible for
natural resource conservation activities
and programs under Title XII of the
1985 Act, as amended.
(b) Membership
Individuals or groups wanting to
become a member on a State Technical
Committee within a specific State may
submit to the State Conservationist a
request that explains their interest and
outlines their credentials for becoming a
member of the State Technical
Committee. Decisions of the State
Conservationist concerning membership
on the committee are final and not
appealable.
The State Conservationist will
respond to requests for State Technical
Committee membership in writing
within a reasonable period of time, not
to exceed 60 days.
State Technical Committee
membership will be posted on the NRCS
State Web site.
(c) Meeting Scheduling
The State Technical Committee
should meet at least twice a year at a
time and place designated by the State
Conservationist. Other meetings may be
held at the discretion of the State
Conservationist. Meetings will be called
by the State Conservationist whenever it
is the opinion of the State
Conservationist that there is business
that should be brought before the
committee for action. Any USDA
agency, however, can make a request of
the State Conservationist for a meeting.
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(d) Public Notification
State Technical Committee and
subcommittee meetings are open to the
public.
The State Conservationist will
provide public notice of and allow
public attendance at all State Technical
Committee meetings. The State
Conservationist will publish a meeting
notice at least 14 calendar days prior to
the meeting. Notification may exceed
the 14 calendar-day minimum where
State open meeting laws exist and
require a longer notification period. The
minimum 14 calendar-day notice
requirement may be waived in the case
of exceptional conditions, as
determined by the State Conservationist.
The State Conservationist will publish
this meeting notice in one or more
widely available newspaper(s),
including recommended Tribal
publications, to achieve statewide and
Tribal notification. The meeting notice
will also be posted to the NRCS State
Web site. The meeting notice will
include meeting time, location, agenda
items, and point of contact.
(e) Meeting Content
The State Conservationist will prepare
a meeting agenda and provide it to the
committee members at least 14 calendar
days prior to a scheduled meeting.
Additional background materials may
be provided before the meeting at the
discretion of the State Conservationist.
The minimum 14 calendar-day
requirement may be waived in the case
of exceptional conditions, as
determined by the State Conservationist.
Additional agenda items will be
considered if submitted in writing to the
State Conservationist at least 5 working
days prior to the meeting. The State
Conservationist may amend the agenda
prior to the meeting without notice to
the State Technical Committee, or at the
meeting based on suggestions from
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participating members. The agenda will
be posted to the NRCS State Web site.
(f) Public Participation
Individuals attending State Technical
Committee meetings will be given the
opportunity to address the committee
and present their opinions and
recommendations. While presenters are
encouraged to provide written copies of
their comments, they are not required to
do so.
State Conservationists are encouraged
to request written comments on agenda
items from all members of the State
Technical Committee whether they are
in attendance at the meeting or not.
Subsequent to the meeting, if the State
Conservationist determines that
additional comments and
recommendations are needed on
specific topics, the State Conservationist
will mail a request for written
comments to all members of the State
Technical Committee within 7 calendar
days of the meeting. The letter will fully
explain the nature of the request for
information and provide at least 14
calendar days for a response. Comments
received will be summarized and
presented at the next State Technical
Committee meeting and will be directly
posted on the NRCS State Web site.
If time allows, opportunity to discuss
non-agenda items will be provided at
the end of the meeting.
(g) Conducting Business
The meetings will be conducted as an
open discussion among members.
Discussion will focus on the programs
and activities identified in Section
501.11(b). All recommendations will be
considered.
The following guidelines will govern
meeting discussions:
(1) The State Conservationist or his or
her designee will lead the discussion.
(2) Only one person may speak at a
time. Every participant should have an
opportunity to speak. The State
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Conservationist or his or her designee is
responsible for recognizing speakers.
(3) State Technical Committees are
advisory in nature and all
recommendations are considered.
Members may be polled, but voting on
issues is not appropriate.
(4) The State Conservationist, in
consultation with those members
present, may establish time limits for
discussion on individual agenda items.
(5) The State Conservationist will
defer to the next meeting those agenda
items not covered because of time
limits.
(h) Record of Meetings
Summaries for all State Technical
Committee meetings will be available
within 30 calendar days of the
committee meeting and distributed to
committee members. The summaries
will be filed at the appropriate NRCS
State office and posted to the NRCS
State Web site.
(i) Response to State Technical
Committee Recommendations
The State Conservationist will inform
the State Technical Committee as to the
decisions made in response to all State
Technical Committee recommendations
within 90 days. This notification will be
made in writing to all State Technical
Committee members and posted to the
NRCS State Web site.
501.15
Local Working Groups
(a) Introduction
Local Working Groups are composed
of agricultural producers, owners/
operators of nonindustrial private forest
land, professionals representing
agricultural and natural resource
interests, and individuals representing a
variety of disciplines in the soil, water,
wetland, plant, forestry, and wildlife
sciences who are familiar with
agricultural and natural resource issues
in the local community.
(b) Role of Local Working Groups
Local Working Groups provide
recommendations to the District
Conservationist (or Designated
Conservationist) and the State
Conservationist on local natural
resource priorities and criteria for
conservation activities and programs
listed in Section 501.11(b).
(c) Membership
Local Working Group membership
should be diverse and focus on
agricultural interests and natural
resource issues existing in the local
community. Membership should
include agricultural producers
representing the variety of crops and
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livestock and/or poultry raised within
the local area; owners of nonindustrial
private forest land, as appropriate;
representatives of agricultural and
environmental organizations; and
representatives of governmental
agencies carrying out agricultural and
natural resource conservation programs
and activities.
To ensure that recommendations of
the Local Working Group take into
account the needs of diverse groups
served by USDA, membership shall
include, to the extent practicable,
individuals with demonstrated ability to
represent the conservation and related
technical concerns of particular
historically underserved groups and
individuals including, but not limited
to, the following:
• Minorities;
• Women;
• Persons with disabilities; and
• Socially and economically
disadvantaged groups.
Individuals or groups wanting to
become a member of a Local Working
Group may submit to the Local Working
Group Chairperson and the NRCS
District Conservationist (or Designated
Conservationist), a request that explains
their interest and outlines their
credentials for becoming a member of
the Local Working Group. The District
Conservationist (or Designated
Conservationist) will assist the soil and
water conservation district in making
decisions concerning membership of the
group.
(d) Local Working Groups Relationship
to State Technical Committees
Local Working Groups may provide
input and recommendations to the State
Technical Committee.
501.16 Standard Operating Procedures
for Local Working Groups
(a) Organization and Function
Local Working Groups are to provide
recommendations on local natural
resource priorities and criteria for USDA
conservation activities and programs.
Local Working Groups are normally
chaired by the appropriate soil and
water conservation district (SWCD). In
the event the SWCD is not able, or does
not choose to chair the Local Working
Group, NRCS’ District Conservationist
(or Designated Conservationist) will be
responsible for those duties.
(b) Meeting Scheduling
The Local Working Group should
meet at least once each year at a time
and place designated by the Chairperson
unless otherwise agreed to by the
members of the Local Working Group.
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Other meetings may be held at the
discretion of the Chairperson. Meetings
will be called by the Chairperson
whenever it is determined that there is
business that should be brought before
the Local Working Group.
(c) Public Notification
Local Working Group meetings are
open to the public. Public notice of
Local Working Group meetings should
be provided at least 14 calendar days
prior to the meeting. Notification will
need to exceed the 14 calendar-day
minimum where State open meeting
laws exist and require a longer
notification period. The minimum 14
calendar-day notice requirement may be
waived in the case of exceptional
conditions, as determined by the
Chairperson or NRCS District
Conservationist (or Designated
Conservationist). The public notice of
Local Working Group meetings will
include the time, place, and agenda
items for the meeting.
(d) Meeting Information
Agendas and information will be
provided to the Local Working Group
members at least 14 calendar days prior
to the scheduled meeting. The District
Conservationist (or Designated
Conservationist) will assist the Local
Working Group Chairperson, as
requested, in preparing meeting agendas
and necessary background information
for meetings. The minimum 14
calendar-day notice requirement may be
waived in the case of exceptional
conditions, as determined by the
Chairperson or NRCS District
Conservationist (or Designated
Conservationist).
(e) Public Participation
Individuals attending the Local
Working Group meetings will be given
the opportunity to address the Local
Working Group. Opportunity to address
non-agenda items will be provided if
time allows at the end of the meeting.
Presenters are encouraged to provide
written records of their comments to the
Chairperson at the time of the
presentation but are not required to do
so. Written comments may be accepted
if provided to the Chairperson no later
than 14 calendar days after a meeting.
(f) Conducting Business
The meetings will be conducted as an
open discussion among members.
Discussion will focus on identifying
local natural resource concerns that can
be treated using programs and activities
identified in Section 501.11(b). All
recommendations will be considered.
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The following guidelines will govern
meeting discussions:
(1) The Chairperson will lead the
discussion.
(2) Only one person may speak at a
time. Every participant should have an
opportunity to speak. The Chairperson
or his or her designee is responsible for
recognizing speakers.
(3) The Chairperson, in consultation
with those members present, may
establish time limits for discussion on
individual agenda items.
(4) The Chairperson will defer to the
next meeting those agenda items not
covered because of time limits.
(g) Record of Meetings
Summaries for all Local Working
Group meetings will be available within
30 calendar days of the meeting, and
will be filed at the appropriate local
NRCS office.
(h) Input to State Technical Committee
Local Working Group
recommendations are to be submitted to
State Technical Committee Chairperson
and/or the District Conservationist (or
Designated Conservationist), as
appropriate, within 14 calendar days
after a meeting.
Signed on 1st day of April 2009, in
Washington, DC.
Dave White,
Chief, Natural Resources Conservation
Service.
[FR Doc. E9–7771 Filed 4–6–09; 8:45 am]
BILLING CODE
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1209
[Docket No.: AMS–FV–08–0047; FV–08–702]
RIN 0581–AC82
Amendments to Mushroom Promotion,
Research, and Consumer Information
Order
AGENCY:
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule with request for
comments.
SUMMARY: This rule proposes to amend
provisions of the Mushroom Promotion,
Research, and Consumer Information
Order (Order) to reapportion
membership of the Mushroom Council
(Council) to reflect shifts in United
States mushroom production as well as
to add language to the powers and
duties section of the Order allowing the
Council the power to develop and
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propose good agricultural and handling
practices and related activities for
mushrooms. This rule proposes changes
to the Order based on amendments to
the Food Conservation and Energy Act.
DATES: Comments must be received by
May 7, 2009.
ADDRESSES: Interested persons are
invited to submit written comments on
the Internet at https://
www.regulations.gov or to the Research
and Promotion Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., Stop 0244,
Room 0632–S, Washington, DC 20250–
0244; fax: (202) 205–2800. All
comments should reference the docket
number and the date and page number
of this issue of the Federal Register and
will be made available for public
inspection in the above office during
regular business hours or can be viewed
at https://www.regulations.gov.
All comments received will be posted
without change, including any personal
information provided.
FOR FURTHER INFORMATION CONTACT:
Kimberly Coy, Marketing Specialist,
Research and Promotion Branch, Fruit
and Vegetable Programs, AMS, USDA,
1400 Independence Avenue, SW., Room
0632, Stop 0244, Washington, DC
20250–0244; telephone: (202) 720–9915
or (888) 720–9917 (toll free); or
facsimile: (202) 205–2800; or e-mail:
Kimberly.Coy@usda.gov.
SUPPLEMENTARY INFORMATION: This rule
is issued under the Mushroom
Promotion, Research, and Consumer
Information Order (Order) 7 CFR part
1209. The Order is authorized under the
Mushroom Promotion, Research, and
Consumer Information Act of 1990 (Act)
7 U.S.C. 6101–6112.
Executive Order 12866
This rule has been determined not
significant for purposes of Executive
Order 12866 and therefore has not been
reviewed by the Office of Management
and Budget (OMB).
Executive Order 12988
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. The rule is not intended to have
a retroactive effect and will not effect or
preempt any State, Federal, or local
laws, regulations, or policies
authorizing promotion or research
relating to an agricultural commodity,
unless they represent an irreconcilable
conflict with this rule.
Under section 1927 of the Act, a
person subject to an Order may file a
written petition with the Department
stating that the Order, any provision of
the Order, or any obligation imposed in
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15677
connection with the Order, is not in
accordance with the law, and requesting
a modification of the Order or an
exemption from the Order. Any petition
filed challenging the Order, any
provision of the Order, or any obligation
imposed in connection with the Order,
shall be filed within two years after the
effective date of the Order, provision, or
obligation subject to challenge in the
petition. The petitioner will have the
opportunity for a hearing on the
petition. Thereafter, the Department will
issue a ruling on the petition. The Act
provides that the district court of the
United States in any district in which
the petitioner resides or carries on
business shall have the jurisdiction to
review a final ruling on the petition, if
the petitioner files a complaint for that
purpose not later than 20 days after the
date of the entry of the Department’s
final ruling.
Initial Regulatory Flexibility Analysis
and Paperwork Reduction Act
In accordance with the Regulatory
Flexibility Act (RFA), 5 U.S.C. 601–612,
the Agricultural Marketing Service
(AMS) has examined the economic
impact of this rule on small entities that
would be affected by this rule. The
purpose of the RFA is to fit regulatory
actions to the scale of business subject
to such actions in order that small
businesses will not be unduly or
disproportionately burdened.
The Small Business Administration
defines, in 13 CFR part 121, small
agricultural producers as those having
annual receipts of no more than
$750,000 and small agricultural service
firms (importers) as having receipts of
no more than $7,000,000. There are
approximately 107 producers and 18
importers subject to the Order, and thus,
eligible to serve on the Council. The
majority of these producers and
importers would not be considered
small entities as defined by the Small
Business Administration. Producers and
importers of 500,000 pounds or less on
average of mushrooms for the fresh
market are exempt from the Order.
The current Order provides for the
establishment of a Council consisting of
at least four members and not more than
nine members. For the purpose of
nominating and appointing producers to
the Council, the United States is divided
into four geographic regions (Regions 1,
2, 3, and 4) with Council member
representation allocated for each region
based on the geographic distribution of
mushroom production. Currently, for
importers (referred to as Region 5), one
Council member seat is allocated when
imports, on average, exceed 35,000,000
pounds of mushrooms annually. The
E:\FR\FM\07APP1.SGM
07APP1
]]>Agencies
[Federal Register Volume 74, Number 65 (Tuesday, April 7, 2009)]
[Proposed Rules]
[Pages 15673-15677]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7771]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 /
Proposed Rules
[[Page 15673]]
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
7 CFR Part 610
State Technical Committees
AGENCY: Natural Resources Conservation Service (NRCS), United States
Department of Agriculture (USDA).
ACTION: Standard operating procedures for State Technical Committees.
-----------------------------------------------------------------------
SUMMARY: Section 1261(b)(1) of the Food Security Act of 1985, as
amended by the Food, Conservation, and Energy Act of 2008 (2008 Act)
requires the Secretary of Agriculture to develop standard operating
procedures to standardize the operations of State Technical Committees.
NRCS published an interim final rule for State Technical Committees, 7
CFR part 610, in the Federal Register on November 25, 2008, that states
NRCS will incorporate standard operating procedures for State Technical
Committees into its directives system and provide public notice of
those procedures. NRCS seeks public comment on this document that
includes the current NRCS standard operating procedures as set forth in
the NRCS directives system.
DATES: Comment Date: Submit comments on or before June 8, 2009.
ADDRESSES: You may send comments using any of the following methods:
Government-wide rulemaking Web site: Go to https://regulations.gov and follow the instructions for sending comments
electronically.
Mail: Conservation Technical Assistance Programs Division,
U.S. Department of Agriculture, Natural Resources Conservation Service,
1400 Independence Avenue, SW., Room 6015 South Building, Washington, DC
20250-2890.
Fax: (202) 720-2998
Hand Delivery: Room 6015 of the USDA South Office
Building, 1400 Independence Avenue, SW., Washington, DC 20250, between
9 a.m. and 4 p.m., Monday through Friday, except Federal holidays.
Please ask the guard at the entrance to the South Building to call
(202) 720-8851 in order to be escorted into the building.
This notice may be accessed via Internet. Users can access
the NRCS homepage at https://www.nrcs.usda.gov/; select the Farm Bill
link from the menu. Persons with disabilities who require alternative
means for communication (Braille, large print, audio tape, etc.) should
contact the USDA Target Center at: (202) 720-2600 (voice and TDD).
FOR FURTHER INFORMATION CONTACT: Andree DuVarney, Branch Chief,
Conservation Technical Assistance, Conservation Planning and Technical
Assistance Division, U.S. Department of Agriculture, Natural Resources
Conservation Service, PO Box 2890, Room 6015--South Building,
Washington, DC 20013-2890; telephone: (202) 720-1510; fax: (202) 720-
2998; or e-mail: STC2008@wdc.usda.gov, Attn: State Technical
Committees.
SUPPLEMENTARY INFORMATION:
Background
NRCS establishes its policies and procedures through its directives
system. The NRCS national policy for State Technical Committees,
including standard operating procedures, can be accessed through the
NRCS directives system at: https://directives.sc.egov.usda.gov/. In
particular, the standard operating procedures for the State Technical
Committees can be found in the Programs Manual (440), Part 501, Subpart
B of the NRCS Directives System. NRCS has reprinted the current
standard operating procedures in this notice. NRCS reserves the right
to update its policy on State Technical Committees, including standard
operating procedures, without further Federal Register notice.
State Technical Committee Standard Operating Procedures
Part 501
Subpart B--State Technical Committees
501.10 Overview of State Technical Committees
(a) Introduction
The Secretary is required to establish a technical committee in
each State to advise on the implementation and technical aspects of
natural resource conservation programs and activities under Title XII
of the Food Security Act of 1985 (the 1985 Act), as amended.
(b) Statutory Authority
Sections 1261 and 1262 of the 1985 Act, as amended, establish the
State Technical Committees and define their legal roles and
responsibilities.
(c) Delegation of Responsibility to NRCS
The Secretary delegated responsibility for establishing technical
committees to NRCS. Although the State Conservationist chairs the
committee, State Technical Committees may be used in an advisory
capacity by other USDA agencies.
(d) Exemption From the Federal Advisory Committee Act
Section 1262 of the 1985 Act, as amended, exempts State Technical
Committees and Local Working Groups (Part 501.14) from the Federal
Advisory Committee Act requirements.
501.11 Roles and Responsibilities of State Technical Committees
(a) Introduction
State Technical Committees provide information, analysis, and
recommendations to appropriate officials of USDA who are charged with
implementing and establishing priorities and criteria for natural
resources conservation activities and programs under Title XII of the
1985 Act, as amended. Although State Technical Committees are advisory
in nature and have no implementation or enforcement authority, USDA
gives strong consideration to the State Technical Committees'
recommendations.
(b) Roles and Responsibilities Related to All Programs
Each State Technical Committee will provide information, analysis,
and recommendations for the following programs and initiatives, as
needed and where applicable:
Agricultural Water Enhancement Program
Chesapeake Bay Watershed Initiative
Conservation Compliance
Conservation Innovation Grants
Conservation Reserve Program
[[Page 15674]]
Conservation Security Program
Conservation Stewardship Program
Conservation of Private Grazing Land
Cooperative Conservation Partnership Initiative
Environmental Quality Incentives Program
Farm and Ranch Lands Protection Program
Grassland Reserve Program
Grassroots Source Water Protection Program
Grazing Lands Conservation Initiative
Great Lakes Basin Program
Technical Service Providers
Voluntary Public Access and Habitat Incentive Program
Wetlands Reserve Program
Wildlife Habitat Incentive Program
(c) Example Recommendations
Such recommendations may include, but are not limited to:
Priority natural resource concerns in the State;
Criteria for priority watersheds for programmatic focus;
Appropriate mix of conservation programs and practices to
address natural resource concerns, including coordination with relevant
State and Tribal programs;
Cost-share rates as applied in payment schedules for
conservation practices;
Techniques for outreach to historically underserved
citizens;
Criteria to be used in ranking program applications;
Conservation practice standards; and
Innovative conservation practices and approaches.
(d) Review of Local Working Groups
Annually, the State Technical Committees will review whether Local
Working Groups are addressing State priorities and criteria for ranking
program applications.
(e) Role of the State Conservationist
The State Conservationist will:
Chair the committee;
Ensure representation of all interests, to the extent
practicable:
Give strong consideration to the committee's advice on
NRCS programs, initiatives, and activities;
Call and provide notice of public meetings;
Follow the Standard Operating Procedures; and
Provide other USDA agencies with recommendations from the
State Technical Committee for programs under their purview.
501.12 State Technical Committee Membership
(a) Introduction
Each State Technical Committee will be composed of agricultural
producers, owners/operators of nonindustrial private forest land, and
other professionals that represent a variety of interests and
disciplines in the soil, water, wetland, plant, and wildlife sciences.
(b) Composition
The State Technical Committee for each State shall include
representatives from among the following:
Natural Resources Conservation Service, USDA;
Farm Service Agency (FSA), USDA;
FSA State Committee, USDA;
Forest Service, USDA;
National Institute of Food and Agriculture, USDA;
Each of the Federally recognized American Indian Tribal
Governments and Alaskan Native Corporations encompassing 100,000 acres
or more in the State;
Association of soil and water conservation districts;
State departments and agencies within the State, including
the:
1. Agricultural agency;
2. Fish and wildlife agency;
3. Forestry agency;
4. Soil and water conservation agency; and
5. Water resources agency.
Agricultural producers representing the variety of crops
and livestock or poultry raised within the State;
Owners of nonindustrial private forest land;
Nonprofit organizations, within the meaning of section
501(c)(3) of the Internal Revenue Code of 1986, with demonstrable
conservation expertise and experience working with agricultural
producers in the State; and
Agribusiness.
(c) Other Members
The State Conservationist will invite other Federal agencies and
persons knowledgeable about economic and environmental impacts of
conservation techniques and programs to participate, as needed.
(d) Ensuring Diversity
To ensure that recommendations of the State Technical Committee
take into account the needs of diverse groups served by USDA,
membership will include, to the extent practicable, individuals with
demonstrated ability to represent the conservation and related
technical concerns of particular historically underserved groups and
individuals including, but not limited to, the following:
Minorities;
Women;
Persons with disabilities; and
Socially and economically disadvantaged groups.
501.13 Specialized Subcommittees of State Technical Committees
(a) Introduction
In some situations, specialized subcommittees composed of State
Technical Committee members may be needed to analyze and refine
specific issues. The State Conservationist may assemble certain
committee members, including members of Local Working Groups and other
experts, to discuss, examine, and focus on a particular technical or
programmatic topic, or combination of such.
(b) Public Involvement
Specialized subcommittees are open to the public and may seek
public participation, but they are not required to do so.
Recommendations of specialized subcommittees will be presented in
general sessions of State Technical Committees, where the public is
notified and invited to attend.
(c) Examples of Specialized Subcommittees
The following are examples of specialized subcommittees:
------------------------------------------------------------------------
Examples of specialized
subcommittees Program or topic Task
------------------------------------------------------------------------
Environmental Quality Environmental Provide input to
Incentives Program Ranking Quality Incentives develop State
Criteria Subcommittee. Program. ranking criteria
and make
recommendations to
the State Technical
Committee.
State Forestry Subcommittee. All programs........ Provide
recommendations to
the State Technical
Committee on
forestry
conservation
practices and
payment rates to be
supported in
conservation
programs.
[[Page 15675]]
Conservation Easement Wetlands Reserve Develop
Geographic Rate Program and recommendations for
Subcommittee. Grassland Reserve the Geographic Area
Program. Rate Cap and
present it to the
State Technical
Committee.
Payment Schedule All cost-sharing Provide
Subcommittee. programs. recommendations for
practices and
payment rates for
conservation
programs that
support program
objectives and
State and local
priorities.
State Wildlife Subcommittee. Wildlife Habitat Provide
Incentive Program recommendations (to
(WHIP). the State Technical
Committee) for the
State WHIP plan
that incorporates
priorities of the
State comprehensive
wildlife action
plan and similar
plans and
initiatives.
Priority Watershed Chesapeake Bay Recommend priority
Subcommittee. Watershed watersheds for
Initiative. focusing funding
for effective use
of available
resources.
------------------------------------------------------------------------
501.14 Standard Operating Procedures for State Technical Committees
(a) Organization and Function
The State Conservationist will serve as the Chairperson of the
State Technical Committee.
State Technical Committees will be used to provide information,
analysis, and recommendations to NRCS and other USDA agencies
responsible for natural resource conservation activities and programs
under Title XII of the 1985 Act, as amended.
(b) Membership
Individuals or groups wanting to become a member on a State
Technical Committee within a specific State may submit to the State
Conservationist a request that explains their interest and outlines
their credentials for becoming a member of the State Technical
Committee. Decisions of the State Conservationist concerning membership
on the committee are final and not appealable.
The State Conservationist will respond to requests for State
Technical Committee membership in writing within a reasonable period of
time, not to exceed 60 days.
State Technical Committee membership will be posted on the NRCS
State Web site.
(c) Meeting Scheduling
The State Technical Committee should meet at least twice a year at
a time and place designated by the State Conservationist. Other
meetings may be held at the discretion of the State Conservationist.
Meetings will be called by the State Conservationist whenever it is the
opinion of the State Conservationist that there is business that should
be brought before the committee for action. Any USDA agency, however,
can make a request of the State Conservationist for a meeting.
(d) Public Notification
State Technical Committee and subcommittee meetings are open to the
public.
The State Conservationist will provide public notice of and allow
public attendance at all State Technical Committee meetings. The State
Conservationist will publish a meeting notice at least 14 calendar days
prior to the meeting. Notification may exceed the 14 calendar-day
minimum where State open meeting laws exist and require a longer
notification period. The minimum 14 calendar-day notice requirement may
be waived in the case of exceptional conditions, as determined by the
State Conservationist. The State Conservationist will publish this
meeting notice in one or more widely available newspaper(s), including
recommended Tribal publications, to achieve statewide and Tribal
notification. The meeting notice will also be posted to the NRCS State
Web site. The meeting notice will include meeting time, location,
agenda items, and point of contact.
(e) Meeting Content
The State Conservationist will prepare a meeting agenda and provide
it to the committee members at least 14 calendar days prior to a
scheduled meeting. Additional background materials may be provided
before the meeting at the discretion of the State Conservationist. The
minimum 14 calendar-day requirement may be waived in the case of
exceptional conditions, as determined by the State Conservationist.
Additional agenda items will be considered if submitted in writing
to the State Conservationist at least 5 working days prior to the
meeting. The State Conservationist may amend the agenda prior to the
meeting without notice to the State Technical Committee, or at the
meeting based on suggestions from participating members. The agenda
will be posted to the NRCS State Web site.
(f) Public Participation
Individuals attending State Technical Committee meetings will be
given the opportunity to address the committee and present their
opinions and recommendations. While presenters are encouraged to
provide written copies of their comments, they are not required to do
so.
State Conservationists are encouraged to request written comments
on agenda items from all members of the State Technical Committee
whether they are in attendance at the meeting or not. Subsequent to the
meeting, if the State Conservationist determines that additional
comments and recommendations are needed on specific topics, the State
Conservationist will mail a request for written comments to all members
of the State Technical Committee within 7 calendar days of the meeting.
The letter will fully explain the nature of the request for information
and provide at least 14 calendar days for a response. Comments received
will be summarized and presented at the next State Technical Committee
meeting and will be directly posted on the NRCS State Web site.
If time allows, opportunity to discuss non-agenda items will be
provided at the end of the meeting.
(g) Conducting Business
The meetings will be conducted as an open discussion among members.
Discussion will focus on the programs and activities identified in
Section 501.11(b). All recommendations will be considered.
The following guidelines will govern meeting discussions:
(1) The State Conservationist or his or her designee will lead the
discussion.
(2) Only one person may speak at a time. Every participant should
have an opportunity to speak. The State
[[Page 15676]]
Conservationist or his or her designee is responsible for recognizing
speakers.
(3) State Technical Committees are advisory in nature and all
recommendations are considered. Members may be polled, but voting on
issues is not appropriate.
(4) The State Conservationist, in consultation with those members
present, may establish time limits for discussion on individual agenda
items.
(5) The State Conservationist will defer to the next meeting those
agenda items not covered because of time limits.
(h) Record of Meetings
Summaries for all State Technical Committee meetings will be
available within 30 calendar days of the committee meeting and
distributed to committee members. The summaries will be filed at the
appropriate NRCS State office and posted to the NRCS State Web site.
(i) Response to State Technical Committee Recommendations
The State Conservationist will inform the State Technical Committee
as to the decisions made in response to all State Technical Committee
recommendations within 90 days. This notification will be made in
writing to all State Technical Committee members and posted to the NRCS
State Web site.
501.15 Local Working Groups
(a) Introduction
Local Working Groups are composed of agricultural producers,
owners/operators of nonindustrial private forest land, professionals
representing agricultural and natural resource interests, and
individuals representing a variety of disciplines in the soil, water,
wetland, plant, forestry, and wildlife sciences who are familiar with
agricultural and natural resource issues in the local community.
(b) Role of Local Working Groups
Local Working Groups provide recommendations to the District
Conservationist (or Designated Conservationist) and the State
Conservationist on local natural resource priorities and criteria for
conservation activities and programs listed in Section 501.11(b).
(c) Membership
Local Working Group membership should be diverse and focus on
agricultural interests and natural resource issues existing in the
local community. Membership should include agricultural producers
representing the variety of crops and livestock and/or poultry raised
within the local area; owners of nonindustrial private forest land, as
appropriate; representatives of agricultural and environmental
organizations; and representatives of governmental agencies carrying
out agricultural and natural resource conservation programs and
activities.
To ensure that recommendations of the Local Working Group take into
account the needs of diverse groups served by USDA, membership shall
include, to the extent practicable, individuals with demonstrated
ability to represent the conservation and related technical concerns of
particular historically underserved groups and individuals including,
but not limited to, the following:
Minorities;
Women;
Persons with disabilities; and
Socially and economically disadvantaged groups.
Individuals or groups wanting to become a member of a Local Working
Group may submit to the Local Working Group Chairperson and the NRCS
District Conservationist (or Designated Conservationist), a request
that explains their interest and outlines their credentials for
becoming a member of the Local Working Group. The District
Conservationist (or Designated Conservationist) will assist the soil
and water conservation district in making decisions concerning
membership of the group.
(d) Local Working Groups Relationship to State Technical Committees
Local Working Groups may provide input and recommendations to the
State Technical Committee.
501.16 Standard Operating Procedures for Local Working Groups
(a) Organization and Function
Local Working Groups are to provide recommendations on local
natural resource priorities and criteria for USDA conservation
activities and programs. Local Working Groups are normally chaired by
the appropriate soil and water conservation district (SWCD). In the
event the SWCD is not able, or does not choose to chair the Local
Working Group, NRCS' District Conservationist (or Designated
Conservationist) will be responsible for those duties.
(b) Meeting Scheduling
The Local Working Group should meet at least once each year at a
time and place designated by the Chairperson unless otherwise agreed to
by the members of the Local Working Group. Other meetings may be held
at the discretion of the Chairperson. Meetings will be called by the
Chairperson whenever it is determined that there is business that
should be brought before the Local Working Group.
(c) Public Notification
Local Working Group meetings are open to the public. Public notice
of Local Working Group meetings should be provided at least 14 calendar
days prior to the meeting. Notification will need to exceed the 14
calendar-day minimum where State open meeting laws exist and require a
longer notification period. The minimum 14 calendar-day notice
requirement may be waived in the case of exceptional conditions, as
determined by the Chairperson or NRCS District Conservationist (or
Designated Conservationist). The public notice of Local Working Group
meetings will include the time, place, and agenda items for the
meeting.
(d) Meeting Information
Agendas and information will be provided to the Local Working Group
members at least 14 calendar days prior to the scheduled meeting. The
District Conservationist (or Designated Conservationist) will assist
the Local Working Group Chairperson, as requested, in preparing meeting
agendas and necessary background information for meetings. The minimum
14 calendar-day notice requirement may be waived in the case of
exceptional conditions, as determined by the Chairperson or NRCS
District Conservationist (or Designated Conservationist).
(e) Public Participation
Individuals attending the Local Working Group meetings will be
given the opportunity to address the Local Working Group. Opportunity
to address non-agenda items will be provided if time allows at the end
of the meeting. Presenters are encouraged to provide written records of
their comments to the Chairperson at the time of the presentation but
are not required to do so. Written comments may be accepted if provided
to the Chairperson no later than 14 calendar days after a meeting.
(f) Conducting Business
The meetings will be conducted as an open discussion among members.
Discussion will focus on identifying local natural resource concerns
that can be treated using programs and activities identified in Section
501.11(b). All recommendations will be considered.
[[Page 15677]]
The following guidelines will govern meeting discussions:
(1) The Chairperson will lead the discussion.
(2) Only one person may speak at a time. Every participant should
have an opportunity to speak. The Chairperson or his or her designee is
responsible for recognizing speakers.
(3) The Chairperson, in consultation with those members present,
may establish time limits for discussion on individual agenda items.
(4) The Chairperson will defer to the next meeting those agenda
items not covered because of time limits.
(g) Record of Meetings
Summaries for all Local Working Group meetings will be available
within 30 calendar days of the meeting, and will be filed at the
appropriate local NRCS office.
(h) Input to State Technical Committee
Local Working Group recommendations are to be submitted to State
Technical Committee Chairperson and/or the District Conservationist (or
Designated Conservationist), as appropriate, within 14 calendar days
after a meeting.
Signed on 1st day of April 2009, in Washington, DC.
Dave White,
Chief, Natural Resources Conservation Service.
[FR Doc. E9-7771 Filed 4-6-09; 8:45 am]
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