Agricultural Water Enhancement Program, 16719-16728 [2010-7515]
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16719
Notices
Federal Register
Vol. 75, No. 63
Friday, April 2, 2010
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF AGRICULTURE
Forest Service
Information Collection; Forest
Landscape Value and Special Place
Mapping for National Forest Planning
Forest Service, USDA.
Notice; request for comment.
AGENCY:
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ACTION:
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995, the
Forest Service is seeking comments
from all interested individuals and
organizations on the new information
collection, Forest Landscape Value and
Special Place Mapping for National
Forest Planning.
DATES: Comments must be received in
writing on or before June 1, 2010 to be
assured of consideration. Comments
received after that date will be
considered to the extent practicable.
ADDRESSES: Comments concerning this
notice should be addressed to Dr.
Patrick Reed, National Human
Dimensions Program Social Scientist,
USDA Forest Service, 3301 C Street,
Suite 202, Anchorage, AK 99503.
Comments may also be submitted by
e-mail to preed01@fs.fed.us.
The public may inspect comments
received at 201 14th St., SW., 3CEN
during normal business hours. Visitors
are encouraged to call ahead to 202–
205–9969 or 202–360–3486 to facilitate
entry to the building.
FOR FURTHER INFORMATION CONTACT: Dr.
Patrick Reed, USDA Forest Service,
907–743–9571. Individuals who use
telecommunication devices for the deaf
(TDD) may call the Federal Relay
Service (FRS) at 1–800–877–8339, 24
hours a day, every day of the year,
including holidays.
SUPPLEMENTARY INFORMATION:
Title: Forest Landscape Value and
Special Place Mapping for National
Forest Planning.
OMB Number: 0596–NEW.
Type of Request: New.
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Abstract: The Forest Service is
proposing to augment the public
participation process for revision of
national forest land management plans
by collecting data about the nature and
location of landscape values and special
places recognized by the public on
national forest lands. Over the next 3
years, up to 15 national forest units will
collect the aforementioned information
as part of the national forest plan
revision public participation process.
The forest plan revision includes
determining public desire for use (along
with suitability of areas for different
uses), identification of special areas,
collaboration with the public, and
monitoring for adaptive management.
Primarily using an Internet-based
geographic information system (GIS),
national forests will invite the public to
share values regarding specific forest
landscapes and special places. A
comparable paper-based option, suitable
for use in mail back surveys and focus
group meetings, may be provided to
individuals who do not have access to
the Internet or as an alternative primary
means of collecting data.
The information will be used in the
revision of specific national forest plans.
Forest planners and managers will use
the collected information to develop
land management plans that are
consistent with public values, while
working within the regulatory
framework. The data collected would
provide Forest Service managers with a
new, systematic science-based tool for
collecting and analyzing public opinion
about desired forest conditions and use
of specific geographic forest locations.
Survey results will be useful in gauging
public support for proposed forest
management options and in
collaborative and participatory
approaches to planning. While the
collection is designed to assist with
development of forest land management
plans under NFMA, the information
collected could be used in a variety of
forest planning processes (i.e., travel
management and recreation facilities
planning) and projects.
The legal authorities supporting the
collection of this information include
the National Environmental Policy Act
(NEPA) of 1969, the National Forest
Management Act (NFMA) of 1976, and
the proposed 2008 NFMA Planning Rule
(36 CFR part 219).
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Estimate of Annual Burden: 20
minutes.
Type of Respondents: Individuals;
State, county, and tribal governments; as
well as for-profit and non-profit entities.
Estimated Annual Number of
Respondents: 3,500 (average of 3 years).
Estimated Annual Number of
Responses per Respondent: 1.
Estimated Total Annual Burden on
Respondents: 1,167 hours (average of 3
years).
Comment is Invited: Comment is
invited on: (1) Whether this collection
of information is necessary for the stated
purposes and the proper performance of
the functions of the Agency, including
whether the information will have
practical or scientific utility; (2) the
accuracy of the Agency’s estimate of the
burden of the collection of information,
including the validity of the
methodology and assumptions used; (3)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (4) ways to minimize the
burden of the collection of information
on respondents, including the use of
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology.
All comments received in response to
this notice, including names and
addresses when provided, will be a
matter of public record. Comments will
be summarized and included in the
submission request toward Office of
Management and Budget approval.
Dated: March 29, 2010.
Gloria Manning,
Associate Deputy Chief, NFS.
[FR Doc. 2010–7551 Filed 4–1–10; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
Agricultural Water Enhancement
Program
AGENCY: Commodity Credit Corporation
and Natural Resources Conservation
Service, Department of Agriculture.
ACTION: Notice of request for proposals.
SUMMARY: Section 2510 of the Food,
Conservation, and Energy Act of 2008
(2008 Act) established the Agricultural
Water Enhancement Program (AWEP)
by amending section 1240I of the Food
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Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Notices
Security Act of 1985. The Secretary of
Agriculture delegated the authority for
AWEP to the Chief of the Natural
Resources Conservation Service (NRCS),
who is Vice President of the Commodity
Credit Corporation (CCC). NRCS is an
agency of the Department of Agriculture
(USDA). Effective upon publication of
this notice, NRCS announces the
availability of approximately $20.7
million in AWEP financial assistance
during fiscal year (FY) 2010 to support
new AWEP projects. The AWEP is a
voluntary conservation initiative that
provides financial and technical
assistance to agricultural producers to
implement agricultural water
enhancement activities on agricultural
land for the purposes of conserving
surface and ground water and
improving water quality. As part of the
Environmental Quality Incentives
Program (EQIP), AWEP operates through
program contracts with producers to
plan and implement conservation
practices in project areas established
through partnership agreements. The
purpose of this notice is to inform
agricultural producers of the potential
availability of program funds and to
solicit proposals from potential partners
seeking partnership agreements with the
Chief to promote the conservation of
ground and surface water and the
improvement of water quality. This is
not a grant program to partners, and all
Federal funding offered through this
authority will be paid directly to
agricultural producers through
individual contract agreements.
DATES: Effective Date: The notice of
request is effective April 2, 2010.
Eligible partners may submit
proposals by mail or via courier.
• By mail: proposals must be
postmarked May 17, 2010.
• By courier: proposals must be
delivered May 17, 2010.
ADDRESSES: Written proposals should be
submitted to the addresses identified
below, with copies to the appropriate
NRCS State Conservationist whose
names and addresses are identified as
an attachment to this notice. If a project
is multi-State in scope, potential
partners must send each State
Conservationist in the proposed project
areas the proposal for review.
• By mail: Gregory K. Johnson,
Director, Financial Assistance Programs
Division, Department of Agriculture,
Natural Resources Conservation Service,
‘‘AWEP Proposal,’’ 1400 Independence
Avenue, SW., Room 5239 South
Building, Washington, DC 20250. (Note:
Registered or Certified Mail to a Post
Office will not be accepted.)
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• By courier: Gregory K. Johnson,
Director, Financial Assistance Programs
Division, Department of Agriculture,
Natural Resources Conservation Service,
‘‘AWEP Proposal,’’ 1400 Independence
Avenue, SW., Room 5239 South
Building, Washington, DC 20250,
Telephone: (202) 720–1845. Proposals
will be accepted 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) 720–1845.
Note: Proposals submitted via fax, e-mail,
or after the deadline date listed in this notice
will not be considered.
FOR FURTHER INFORMATION CONTACT:
Gregory K. Johnson, Director, Financial
Assistance Programs Division,
Department of Agriculture, Natural
Resources Conservation Service, 1400
Independence Avenue, SW., Room 5239
South Building, Washington, DC 20250,
Telephone: (202) 720–1845; Fax: (202)
720–4265; or E-mail:
AWEP@wdc.usda.gov. Additional
information regarding AWEP is
available at the following NRCS Web
page: https://www.nrcs.usda.gov/
programs/AWEP/.
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).
SUPPLEMENTARY INFORMATION: This
notice includes significant additions
from the 2009 notice issued last fiscal
year. The basic authority, procedures,
and program requirements have not
changed. Partners who responded to the
2009 notice reported difficulty in
understanding where and how to apply,
confusion about administration and
purpose of the new AWEP authority and
requirements of partners,
misunderstanding that AWEP was not a
grant program for partners, lack of
knowledge about NRCS resource
concerns and conservation practices
that needed to be addressed through the
partnership, frustration in NRCS
terminology used in the notices, and
other similar concerns. As the result of
these concerns, the agency conducted
an internal examination of AWEP to
better clarify the program and
requirements for proposal submission.
In addition to the internal review, the
agency also invited suggestions from
legislators, producers, and other
organizations with an interest in AWEP.
As a result of the review, this notice
includes more explanation of the
program, added definitions, clarification
of the requirements and criteria to be
addressed in the proposal, links to
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resources to help partners apply, and
other general improvements. The
requirements for submission of the
proposal are not significantly different
from 2009, and pose no additional
burden or workload.
Availability of Funding
Effective upon publication of this
notice, NRCS announces the availability
of approximately $20.7 million in
AWEP financial assistance during FY
2010 to support new AWEP projects.
NRCS will implement AWEP by
entering into partnership agreements
with eligible entities to conserve ground
and surface water or improve water
quality, or both, through a regional
approach. Eligible partners must submit
complete proposals, as described in this
notice, to Gregory K. Johnson, Director,
Financial Assistance Programs Division.
Proposals are submitted by eligible
partners, and project evaluation will be
based upon a competitive process and
the criteria established in this notice.
Once the Chief approves a partner’s
proposal and announces selection,
agricultural producers within the
project area may submit an AWEP
application directly to their local NRCS
office. Only specific kinds of entities are
eligible to submit a proposal and enter
into partnership agreements with NRCS;
these include federally recognized
Indian tribes, State and local units of
government, agricultural or silvicultural
associations, and other groups of
producers such as an irrigation
association, agricultural land trust, or
other nongovernmental organization
that has experience working with
agricultural producers.
Nongovernmental organizations are
entities as defined by the Internal
Revenue Service and as cited in the
definitions section of this notice. This is
not a grant program, and all Federal
funds made available through this
request for proposals will be paid
directly to producers through program
contract agreements. Individual
agricultural producers are not AWEP
eligible entities and may not submit
AWEP proposals, nor may they apply
for program benefits through this
proposal submission process; however,
once an AWEP project area has been
approved and announced, individual
producers may apply for program
benefits through their local NRCS office.
No Federal AWEP funding may be used
to cover administrative expenses of
partners. Administrative activities
include any indirect or direct costs
relating to submitting or implementing
the project proposal.
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Definitions
Activities means conservation
systems, practices, or management
measures needed to address a resource
concern or improve environmental
quality through the treatment of natural
resources, and includes structural,
vegetative, and management practices,
as well as the activity for development
of conservation plans, as determined by
NRCS. Activities may also include
actions associated with an agricultural
operation or other activities conducted
by an AWEP partner which may or may
not be associated with an NRCS
conservation practice or program
support.
Agricultural land means cropland,
grassland, rangeland, pasture, and other
agricultural land on which agricultural
and forest-related products or livestock
are produced and resource concerns
may be addressed. Other agricultural
lands may include cropped woodland,
marshes, incidental areas included in
the agricultural operation, and other
types of agricultural land used for
production of livestock.
Agricultural water enhancement
activity means the following, conducted
in accordance with State water law:
(a) Water quality or water
conservation plan development,
including resource condition
assessment and modeling;
(b) Water conservation restoration or
enhancement projects, including the
conversion to the production of less
water-intensive agricultural
commodities or dryland farming;
(c) Water quality or quantity
restoration or enhancement projects;
(d) Irrigation system improvement
and irrigation efficiency enhancements;
(e) Activities designed to mitigate the
effects of drought, (e.g., construction,
improvement, or maintenance of
irrigation ponds, small on-farm
reservoirs, or other agricultural water
impoundment structures that are
designed to capture surface water
runoff); and
(f) Related activities that the Chief
determines will help achieve water
quality or water conservation benefits
on agricultural land.
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Note: Not all listed activities are currently
supported by NRCS practice standards or
funded through NRCS programs.
Applicant means a person, legal
entity, joint operation, or tribe that has
an interest in an agricultural or forestry
operation, as defined in 7 CFR part
1400, who has requested to participate
in AWEP.
Beginning Farmer or Rancher means a
person or legal entity who:
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(a) Has not operated a farm or ranch,
or who has operated a farm or ranch for
not more than 10 consecutive years.
This requirement applies to all members
of an entity who will materially and
substantially participate in the
operation of the farm or ranch.
(b) In the case of a contract with an
individual, individually, or with the
immediate family, material and
substantial participation requires that
the individual provide substantial dayto-day labor and management of the
farm or ranch consistent with the
practices in the county or State where
the farm is located.
(c) In the case of a contract with an
entity or joint operation, all members
must materially and substantially
participate in the operation of the farm
or ranch. Material and substantial
participation requires that each of the
members provide some amount of the
management or labor and management
necessary for day-to-day activities, such
that if each of the members did not
provide these inputs, operation of the
farm or ranch would be seriously
impaired.
Chief means Chief of the Natural
Resources Conservation Service, or
designee.
Conservation Activity Plan means a
resource-specific conservation plan
prepared by a certified Technical
Service Provider (TSP) as authorized by
the 2008 Act for financial assistance
payment through EQIP for eligible land
of the producer.
Conservation planning means using
the planning process outlined in the
NRCS National Planning Procedures
Handbook (NPPH). The NPPH is
available at: https://
directives.sc.egov.usda.gov/.
Conservation practice means one or
more conservation improvements and
planning activities, including structural
practices, land management practices,
vegetative practices, forest management
practices, and other improvements that
are planned and applied according to
standards and specifications contained
in the NRCS Field Office Technical
Guide (FOTG). Conservation practices
and activities funded through AWEP are
subject to requirements of EQIP
regulation (7 CFR 1466.10) (https://
www.nrcs.usda.gov/programs/eqip).
Only EQIP may provide financial
assistance for support of the activity of
conservation planning.
Conservation system means a
combination of conservation practices
and management measures used to
address natural resource and
environmental concerns in a
comprehensive, holistic, and integrated
manner.
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Contract as defined in the EQIP
regulation means a legal document that
specifies the rights and obligations of
any participant accepted to participate
in the AWEP program. An AWEP
contract is a binding agreement for the
transfer of assistance from the
Department of Agriculture (USDA) to
the participant to share in the costs of
applying conservation practices.
Contracts funded through AWEP are
subject to requirements of EQIP
regulation (7 CFR 1466.21) (https://
www.nrcs.usda.gov/programs/eqip).
Designated Conservationist means an
NRCS employee whom the State
Conservationist has designated as
responsible for administration of NRCS
programs at the local level.
Environmental Quality Incentives
Program means a program administered
by NRCS in accordance with 7 CFR part
1466 (https://www.nrcs.usda.gov/
programs/eqip), which provides
technical and financial assistance to
eligible producers for the installation
and implementation of conservation
practices and activities on private
agricultural and nonindustrial forest
land.
Exceptional Drought (D–4) means, as
defined by the National Oceanic and
Atmospheric Administration,
exceptional widespread crop/pasture
losses; exceptional fire risk; and
shortages of water in reservoirs, streams,
and wells creating water emergencies.
Field Office Technical Guide means
the official local NRCS source of
resource information, conservation
practice standards, specifications, and
interpretation of guidelines, criteria, and
requirements for planning and applying
conservation practices, activities, and
conservation management systems. It
contains natural resource quality criteria
to be achieved to provide for the
conservation and sustainability of soil,
water, air, plant, and animal resources
applicable to the geographic area where
resource concerns are addressed. The
FOTG can be accessed online at: https://
www.nrcs.usda.gov/technical/efotg/.
Financial Assistance means a
payment made to the program
participant.
Forest management plan means a sitespecific plan that is prepared by a
professional resource manager, in
consultation with the participant, and is
approved by the State Conservationist.
Forest management plans may include a
forest stewardship plan, as specified in
section 5 of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C.
2103a); another practice plan approved
by the State Forester; or another plan
determined appropriate by the State
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Conservationist. The plan must comply
with Federal, State, tribal, and local
laws, regulations, and permit
requirements.
Indian land is an inclusive term
describing all lands held in trust by the
United States for individual Indians or
tribes, or all lands, titles to which are
held by individual Indians or tribes,
subject to Federal restrictions against
alienation or encumbrance, or all lands
that are subject to the rights of use,
occupancy, or benefit of certain tribes.
For purposes of this notice, the term
Indian land also includes land for
which the title is held in fee status by
Indian tribes and the United States
Government owned land under the
Bureau of Indian Affairs jurisdiction.
Indian tribe means any Indian tribe,
band, nation, or other organized group
or community, including any Alaska
Native village or regional or village
corporation as defined in or established
pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.)
that is federally recognized as eligible
for the special programs and services
provided by the United States to Indians
because of their status as Indians.
Joint Agreement means a business
arrangement where two or more
participants cooperate to carry out
conservation practices that can best be
accomplished by combining resources.
Such agreements must be formally
documented and signed by all
applicable parties.
Joint Operation means a general
partnership, joint venture, or other
similar business arrangement in which
the members are jointly and severally
liable for the obligations of the
organization.
Limited Resource Farmer or Rancher
means:
(a) A person with direct or indirect
gross farm sales not more than $155,200
in each of the previous 2 years (adjusted
for inflation using Prices Paid by Farmer
Index as compiled by the National
Agricultural Statistical Service); and
(b) Has a total household income at or
below the national poverty level for a
family of four, or less than 50 percent
of county median household income in
each of the previous 2 years (to be
determined annually using Department
of Commerce data).
Local working group means the
advisory body pursuant to 16 U.S.C.
3861 and described in 7 CFR part 610.
Information regarding these groups can
be found at: https://www.nrcs.usda.gov/
programs/StateTech/.
Nongovernmental organization is any
legal entity that is organized for, and at
all times since, the formation of the
organization has been operated
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principally for one or more of the
conservation purposes specified in
clause (i), (ii), (iii), or (iv) of section
170(h)(4)(A) of the Internal Revenue
Code of 1986; is an organization
described in section 501(c)(3) or that is
described in section 509(a)(2) of that
Code; or is described in section
509(a)(3) of that Code and is controlled
by an organization described in section
509(a)(2) of that Code.
Nonindustrial private forest land
means rural land, as determined by the
Secretary, that has existing tree cover or
is suitable for growing trees and is
owned by any nonindustrial private
individual, group, association,
corporation, Indian tribe, or other
private legal entity that has definitive
decisionmaking authority over the land.
Participant means a person, legal
entity, joint operation, or tribe that is
receiving payment or is responsible for
implementing the terms and conditions
of an EQIP contract.
Partner means an entity that enters
into a partnership agreement with NRCS
to carry out the approved AWEP project.
Eligible partners include federally
recognized Indian tribes, State and local
units of government, agricultural or
silvicultural associations, or other such
groups of agricultural producers. Note:
Individual agricultural producers are
not partners under provisions of AWEP
and are not eligible to submit proposals
as outlined in this notice.
Partner applicant means an eligible
entity that enters into a partnership
agreement with NRCS to carry out the
approved AWEP project.
Partnership agreement means a multiyear agreement between NRCS and the
partner. The AWEP partnership
agreement describes the activities and
resources, such as technical or financial
assistance, that may be provided by
NRCS and the partner to help producers
meet the objectives of AWEP in an
approved project area. The AWEP
partnership agreement does not transfer
financial or technical assistance funding
to a partner, nor provide for the
administrative expenses of the partner.
Individual producers may not enter into
partnership agreements under AWEP
authority.
Payment means financial assistance
provided to a contract participant under
the terms of the program contract. The
payment is based upon the estimated
costs incurred for performing or
implementing conservation practices
and activities, including costs for
planning, materials, equipment, labor,
design and installation, maintenance,
management, or training, as well as the
estimated income foregone by the
producer for designated conservation
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practices. AWEP payments are only
made to eligible agricultural producers
through program contracts. Payments
and payment rates are established by
program rule. Payments are only
provided to assist with implementation
of approved conservation practices and
activities listed in the FOTG and must
meet other requirements of EQIP
regulation (7 CFR 1466.23–24) (https://
www.nrcs.usda.gov/programs/eqip).
Priority resource concern means a
resource concern that is identified by
the State Conservationist, with advice
from the State Technical Committee and
local work groups, as a priority for a
State or the specific geographic areas
within a State.
Producer means a person, legal entity,
or joint operation who has an interest in
the agricultural operation, according to
7 CFR part 1400, or who is engaged in
agricultural production or forestry
management.
Projects of Special Environmental
Significance means projects, as defined
in 7 CFR 1466(d) and approved by the
Chief, which meet the following criteria:
(a) Site-specific evaluations have been
completed, documenting that the project
will have substantial positive impacts
on critical resources in or near the
project area (e.g., impaired water bodies
or at-risk species);
(b) The project clearly addresses a
national priority and State, tribal, or
local priorities, as applicable; and
(c) The project assists the participant
in complying with Federal, State, and
local regulatory requirements.
Rangeland means land on which the
historic climax plant community is
predominantly grasses, grass-like plants,
forbs, or shrubs, and includes lands
revegetated naturally or artificially
when routine management of that
vegetation is accomplished mainly
through manipulation of grazing.
Rangelands include natural grasslands,
savannas, shrublands, most deserts,
tundra, alpine communities, coastal
marshes, and wet meadows.
Resource concern means a specific
natural resource problem that represents
a significant concern in a State or
region, and is likely to be addressed
successfully through the
implementation of conservation
activities by producers. The two natural
resource concerns that may be
addressed through AWEP are water
conservation or water quality and
include the following sub categories:
Water Quantity (Water Conservation):
• Aquifer Overdraft
• Excessive Runoff, Flooding, or
Ponding
• Excessive Seepage
• Excessive Subsurface Water
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• Inadequate Outlets
• Inefficient Water Use on Irrigated
Land
• Inefficient Water Use on
Nonirrigated Land
• Insufficient Flows in Water Courses
• Rangeland Hydrologic Cycle
• Reduced Capacity of Conveyances
by Sediment Deposition
• Reduced Storage of Water Bodies by
Sediment Accumulation
Water Quality:
• Excessive Nutrients and Organics in
Groundwater
• Excessive Nutrients and Organics in
Surface Water
• Excessive Salinity in Groundwater
• Excessive Salinity in Surface Water
• Excessive Suspended Sediment and
Turbidity in Surface Water
• Harmful Levels of Pathogens in
Groundwater
• Harmful Levels of Pathogens in
Surface Water
• Harmful Levels of Pesticides in
Groundwater
• Harmful Levels of Pesticides in
Surface Water
• Harmful Temperatures of Surface
Water
Resource concerns used by NRCS are
found in section III of each State or local
FOTG which can be found at: https://
www.nrcs.usda.gov/technical/efotg/.
Socially Disadvantaged Farmer or
Rancher means a farmer or rancher who
has been subjected to racial or ethnic
prejudices because of their identity as a
member of a group without regard to
their individual qualities. Those groups
include African Americans, American
Indians or Alaskan natives, Hispanics,
Asians, and native Hawaiians or other
Pacific Islanders.
State Conservationist means the
NRCS employee who is authorized to
implement conservation programs
administered by NRCS, and who directs
and supervises NRCS activities in a
State, the Caribbean Area, or the Pacific
Islands Area.
State Technical Committee means a
committee established by the USDA
Secretary in a State pursuant to 16
U.S.C. 3861 and described in 7 CFR part
610. Information regarding these
committees can be found at: https://
www.nrcs.usda.gov/programs/
StateTech/.
Technical assistance means technical
expertise, information, and tools
necessary for the conservation of natural
resources on land active in agricultural,
forestry, or related uses. The term
includes the following: (1) Technical
services provided directly to farmers,
ranchers, and other eligible entities,
such as conservation planning,
technical consultation, and assistance
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with the design and implementation of
conservation practices; and (2) technical
infrastructure including activities,
processes, tools, and agency functions
needed to support delivery of technical
services, such as technical standards,
resource inventories, training, data,
technology, monitoring, and effects
analyses. Information regarding
technical assistance can be found at:
https://www.nrcs.usda.gov/programs/
cta/.
Technical Service Provider means an
individual, private-sector entity, or
public agency certified by NRCS, in
accordance with 7 CFR part 652, to
provide technical services to program
participants in lieu of or on behalf of
NRCS. Information regarding TSP
services available through AWEP is
found in the EQIP regulation (7 CFR
1466.11) (https://www.nrcs.usda.gov/
programs/eqip).
Overview of the Agricultural Water
Enhancement Program
Background
The AWEP is a voluntary
conservation program that provides
financial and technical assistance to
agricultural producers to implement
agricultural water enhancement
activities using conservation practices
on eligible land for the purposes of
conserving surface and ground water
and improving water quality. As part of
EQIP, AWEP operates through contracts
with eligible producers to plan and
implement approved conservation
practices and activities to conserve
ground and surface water and improve
water quality in project areas
established through partnership
agreements. Producers located in
approved AWEP project areas,
announced by partners and NRCS, may
submit an application for program
assistance at their local NRCS service
center or field office. As part of the
partnership agreement, approved
partners may also help facilitate the
submission of producers’ applications,
or they may provide additional
technical or financial assistance to
participating agricultural producers, or
provide other resources as defined in
the agreement. A primary intent of
AWEP is to leverage other non-Federal
resources along with NRCS program
resources to achieve program objectives.
Partners are encouraged to include in
their proposals resources to help
producers implement approved
conservation practices and activities
and provisions to address those AWEP
priority activities that NRCS does not
have the authority to implement (e.g.
resource condition assessment and
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modeling). The partner is not required
to provide financial or technical
resources towards the project (match);
however, proposals that include or offer
partner provided resources will be given
higher priority consideration in the
evaluation process. AWEP financial
assistance is delivered directly to
producers in approved project areas
through contract agreements. No
technical or financial assistance funding
may be provided to a partner through
the AWEP partner agreement. However,
if requested by a partner, the State
Conservationist or Chief may consider
development of a separate funding
agreement with a qualified partner for
delivery of technical services to
producers participating in an approved
AWEP project.
Submitting Proposals
Potential partners must submit a
complete proposal to Gregory K.
Johnson, Director, Financial Assistance
Programs Division, addressing all
questions and items listed in the
‘‘Proposal Requirements’’ section of this
notice. The proposal must include
sufficient detail to allow NRCS to
understand the partner’s priority
resource concerns, objectives, and
expected outcomes. Incomplete
proposals and those that do not meet the
requirements set forth in this notice will
not be considered, and notification of
elimination will be mailed to the
applicant. The proposal must also be
accompanied by letters of review from
the appropriate State Conservationists to
the Director, Financial Assistance
Programs Division as specified in this
notice. The Chief or designee will
review, prioritize, and evaluate the
proposals based on the criteria provided
in this notice. State Conservationists
will provide guidance to potential
partners regarding resource concerns
that may be addressed in the proposed
project area, local working group and
State Technical Committee natural
resource priorities, approved
conservation practices and activities,
and other program requirements the
partner should consider when
developing a proposal.
Partner Entity Eligibility
Potential partner entities that are
eligible to participate as partners
include federally recognized Indian
tribes, States and local units of
government, agricultural or silvicultural
associations, or other groups of
producers, such as an irrigation
association, agricultural land trust, or
other nongovernmental organization
that has experience working with
agricultural producers. Individual
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producers are not eligible to submit
proposals under this notice.
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Producer Eligibility
Individual producers are eligible to
apply for program benefits as part of an
approved AWEP project as determined
by the requirements of this notice and
EQIP regulation found in 7 CFR 1466.8
(https://www.nrcs.usda.gov/programs/
eqip). Producers seeking to participate
in an approved AWEP project must
meet all EQIP program eligibility
requirements.
Producer Applications and Contracts
Agricultural producers in approved
project areas may apply for available
AWEP funds at their local USDA service
center or NRCS field office (https://
offices.sc.egov.usda.gov/locator/
app?agency=nrcs). Once an application
is selected, an eligible agricultural
producer will enter into a contract with
NRCS to implement approved
conservation practices that address the
water conservation and water quality
resource concerns identified in the
partnership proposal and agreement.
Through these contracts, NRCS provides
payments to agricultural producers for
implementing conservation practices
that meet the agricultural water
enhancement activities and goals of the
project. The term of the contract
agreement with a producer will be for a
minimum duration of one year after
completion of the last practice, but not
more than 10 years.
In States with water quantity
concerns, where the partner proposal
includes conservation management
practices that assist producers with the
conversion of agricultural land from
irrigated farming to dryland farming,
NRCS may enter into contracts that
provide a producer payments for
applicable practices for up to 5 years as
needed to complete the conversion
when the conversion activity is
consistent with State law. Conversion
activities are supported through AWEP
by implementation of approved
conservation practices.
An agricultural producer may elect to
use a TSP for technical assistance
associated with conservation planning
or practice design and implementation.
A participant may not receive payments
that exceed an aggregate of $300,000,
directly or indirectly, for all EQIP and
AWEP contracts, including prior year
contracts entered into during any 6-year
period. The Chief may waive this
limitation allowing up to $450,000 for
projects of special environmental
significance as defined in this notice
and EQIP regulation in section
§ 1466.21(d). All agricultural producers
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receiving assistance through AWEP
must meet EQIP program eligibility
requirements and will be subject to
EQIP payment limitations and other
requirements. Producers applying for
AWEP are not required to have an
existing EQIP contract. However, they
must be determined eligible for EQIP
assistance prior to entering into an
AWEP contract. Information about
limitations and benefits that apply to
land and agricultural producers enrolled
in the AWEP program are found in the
EQIP authorizing legislation (16 U.S.C.
3839aa) and regulation (7 CFR part
1466) (https://www.nrcs.usda.gov/
programs/eqip).
Land Eligibility
The following land is eligible for
enrollment in the AWEP through
program contracts with producers:
• Private agricultural land.
• Indian land.
• Publicly owned land where:
Æ The conservation practices to be
implemented on the public land are
necessary and will contribute to an
improvement in the identified
resource concern;
Æ The land is a working component
of the participant’s agricultural or
forestry operation; and
Æ The participant has control of the
land for the term of the contract.
For producer contracts that address
water conservation and irrigation
related conservation practices, EQIP
regulation requires that land must be
irrigated 2 of the previous 5 years prior
to application for assistance (7 CFR
1466.10(d)). AWEP projects that include
agricultural lands not irrigated for 2 of
the previous 5 years, the construction,
improvement, or maintenance of
irrigation ponds, small on-farm
reservoirs, or other agricultural water
impoundment structures that are
designed to capture surface water
runoff, are eligible only in an area that
is experiencing or has experienced
exceptional drought conditions between
June 18, 2006, and June 18, 2008. A list
of States and counties that are
designated exceptional drought areas is
found on the AWEP Web site at: https://
www.nrcs.usda.gov/programs/awep/.
Additional information regarding land
eligibility to meet EQIP requirements
are found in 7 CFR 1466.8 and available
at: https://www.nrcs.usda.gov/programs/
eqip.
Proposal Requirements
For consideration of a proposal, a
potential partner must submit five
copies of the written proposal and one
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electronic copy for single-State or multiState projects that do not exceed 5 years
in length. The proposal must be in the
following format and contain the
information set forth below:
Proposal Format: Five copies of the
proposal should be typewritten or
printed on 81⁄2″ × 11″ white paper. The
text of the application should be in a
font no smaller than 12-point, with oneinch margins. One additional copy of
the proposal must be in a format such
as Microsoft Word or PDF on one CD
ROM. If submitting more than one
proposal, submit a separate proposal for
each project. Consult the NRCS national
AWEP Web site for an example of an
acceptable AWEP proposal document at:
https://www.nrcs.usda.gov/programs/
awep/. The entire proposal may not
exceed 12 pages in length including
summary, maps, reference materials,
and related reports.
Proposal Summary
The basic format for the AWEP
proposal is a narrative written response
to the questions and information
requested in this notice. There are no
forms required or associated with the
proposal submission process; however,
the proposal must include the
following:
(1) Proposal Cover Sheet and
Summary: The first two pages of the
proposal summary must include:
(a) Project Title.
(b) Project director/manager name,
telephone number, and e-mail address.
(c) Name of lead partner entity
submitting proposal and other
collaborating partners.
(d) Mailing address and phone
numbers for lead partner submitting
proposal.
(e) Short general description/
summary of project; describe whether
proposal will address water
conservation resource issues, water
quality resource issues, or both. Identify
the specific natural resource concerns to
be addressed, and describe the approved
FOTG conservation practices and
activities that will be used to address
those resource concerns, including
practices that will be used to help
producers in the conversion of irrigated
farming to dryland farming.
(f) Specify the geographic location:
State(s), County(s), congressional
district(s), and whether proposal is a
multi-State proposal or within-State
proposal. Include a general location
map that shows if the location of the
project area is within an AWEP national
priority area, which are:
• Eastern Snake Plains Aquifer.
• Everglades.
• Ogallala Aquifer.
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• Puget Sound.
• Sacramento River Basin.
• Red River.
• Upper Mississippi River Basin.
Additional information, maps, and a
list of States and counties located in
AWEP priority areas can be found at:
https://www.nrcs.usda.gov/programs/
awep/.
(g) Proposed project start and end
dates (not to exceed a period of 5 years).
(h) Total amount of AWEP financial
assistance being requested for entire
project.
(2) Project Natural Resource
Objectives and Actions:
The proposal must include project
objectives that address water quality or
water quantity resource concerns.
(a) Identify and provide detail about
the natural resource concern(s) to be
addressed and how the proposals
objectives will address those concerns.
Objectives should be specific,
measurable, achievable, resultsoriented, and include a timeline for
completion.
(b) For each objective, identify the
actions to be completed to achieve the
objective and to address the identified
natural resource concern using AWEP
assistance or the actions being
addressed using alternate non-Federal
resources or fund sources.
(c) Identify the total number of acres
that need conservation treatment along
with the kinds of conservation practices
and activities needed to treat priority
resource concerns in the project area.
Identify specific priorities within the
project area that need to be addressed
first.
(d) The proposed agricultural water
enhancement activities that may be
implemented through partner efforts
alone and those to be implemented
using AWEP financial support.
(3) Partnership Capacity:
Potential partners must fully describe
their project and demonstrate their
history of working with agricultural
producers to address water quality and
quantity issues. Information provided in
the proposal must:
(a) Demonstrate the commitment and
experience of the partner to accomplish
the long-term conservation of surface
and ground water or water quality
improvement and related historical
activities that show this experience.
(b) Demonstrate the ability and
history of the partner to coordinate
water quality and quantity efforts among
agricultural producers.
(c) Demonstrate the availability of
non-Federal matching funds or other
resources being contributed. A primary
intent of AWEP is to leverage other nonFederal resources along with NRCS
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program resources to achieve program
objectives. The partner is not required to
provide financial or technical resources
towards the project (match); however,
proposals that include or offer partner
provided resources will be given higher
priority through the evaluation process.
The partner needs to clearly state, by
project objective, how they intend to
leverage Federal funds along with
partner resources to address water
quantity or water quality resource
issues. Note: The funding and time
contribution by agricultural producers
to implement agreed-to conservation
practices in program contracts may not
be considered any part of a match from
the potential partner for purposes of
AWEP. One purpose of AWEP is to
leverage new resources from partners
above and beyond those contributions
made by individual producers.
(d) Demonstrate the ability to monitor
and evaluate project effects on natural
resources. Priority will be given to
projects where the partner can provide
resources, services, or conduct activities
to monitor and evaluate effects of
conservation practices and activities
implemented through the project.
(e) Provide evidence the partner has
the capacity to deliver a final project
performance report. If a proposal is
approved, the partnership agreement
will provide additional details and
requirements for reporting performance
of the project effort.
(f) Identify potential criteria to be
used by NRCS to prioritize and rank
agricultural producers’ AWEP
applications in the project area.
Potential partners should collaborate
with NRCS in the State where the
project is proposed to develop
meaningful criteria that NRCS can use
to evaluate and rank producer program
applications. For approved projects, this
joint effort will help NRCS select
producer applications which will best
accomplish the projects intended
conservation goals and address priority
resource issues identified by the partner
in the proposal. Additional information
regarding the process NRCS uses to
evaluate and rank individual producer
applications is found in EQIP regulation
7 CFR 1466.20. Proposals which include
specific ranking criteria developed in
collaboration with NRCS may receive
higher consideration in the evaluation
process. Additional guidance and
assistance to develop appropriate
criteria may be obtained from the State
office where the project will be located.
(g) A description of how the partners
and entities will collaborate to achieve
the project objectives and the roles,
responsibilities, and capabilities of each
partner. Proposals that include
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resources from other than the submitter
must include a letter or other
documentation from the other partner
confirming this commitment of
resources. Proposals that demonstrate
efforts to collaborate with other partners
and producers are likely to provide
increased environmental benefits, meet
the objectives of AWEP, and may
receive higher ranking consideration in
the evaluation process.
(h) A description of the proposed
agricultural water enhancement
activities and approved NRCS
conservation practices and activities to
be applied within the designated 5-year
timeframe allowed for AWEP projects
and the general sequence of
implementation of the project.
Enhancement activities include efforts
undertaken by the partner and those
that the partner requests NRCS to
address through financial support to
implement eligible approved
conservation practices and activities. In
this section, list all the NRCS
conservation practices the partner
wishes NRCS to offer to producers
through the AWEP project. Information
about NRCS practices can be found in
the FOTG at: https://www.nrcs.usda.gov/
technical/efotg/ and descriptions of
practices at: https://www.nrcs.usda.gov/
technical/standards/. For each
conservation practice, estimate the
extent (feet, acres, number, etc.) the
partner expects producers to implement
each fiscal year during the life of the
project and the amount of financial
assistance requested to support
implementation of each practice
through producer contracts. Provide
detail if the project will address
regulatory compliance and any other
outcomes the partner expects to
complete during the project period.
(i) A description of the resources
(financial or technical assistance)
requested annually from AWEP for
producer contracts and the non-Federal
resources provided by the partner that
will be leveraged by the Federal
contribution. From the estimated
amount of financial assistance needed to
implement the conservation practices
identified in the previous section,
include the total amount of financial
assistance funds requested for each
fiscal year of the project to be made
available for producer contracts. If
resources other than funding are being
offered by the partner, describe the kind
of resources and services that will be
made available to producers to help
implement conservation practices and
activities. Note: The funding and time
contribution by agricultural producers
to implement agreed-to conservation
practices in the program contracts may
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not be considered as part of a match
from the potential partner. All funding
requests and information regarding
partner resources may be included in
the form of a budget narrative. If
financial assistance is approved and
available, these funds must be obligated
in individual producer contracts that
may be from 2 to 10 years in length.
(4) Lands to be Treated:
The proposal should describe the
geographic area to be covered by the
partnership agreement. Specifically, the
proposal should include:
(a) A map showing the proposed
project area. Describe the location and
size of the proposed project area. Are
the size and scope of the project area
and proposed practices to address
resource concerns reasonable and
achievable? What kinds of agricultural
operations are in the project area? Is the
project located in a water conservation
priority area or include any Indian land?
(b) A description of the agricultural
water quality or water conservation
issues to be addressed by the
partnership agreement. Provide
information about the extent and kinds
of water quality issues to be addressed
such as pollutants, designated priority
areas, groundwater overdraft, surface
water deficiencies, etc.
(c) A description of the agricultural
water enhancement objectives to be
achieved through the partnership and
the NRCS practices expected to be
implemented. What are the primary
objectives to be accomplished in the
project by the partner and expected
environmental improvements from
producer implementation of AWEP
funded conservation practices and
activities? How will progress toward
achieving environmental benefits be
measured? What kinds of water
conservation plans, assessments, or
modeling will be done to help achieve
project objectives or encourage practice
implementation? Will the project
include specific efforts to encourage
producers to convert irrigated land to
less water-intensive operations or
dryland farming? What percentage of
the project area is expected to be
converted to dryland farming? Will the
proposal restore or enhance water
quantity or quality in the project area or
reduce the impacts of drought? What
kinds of irrigation system improvements
will be implemented? Will the planned
activities significantly solve or improve
the resource issues being addressed?
Describe any activities that are
innovative or include outcome-based
performance measures implemented by
the partner.
(d) Include the total acres that need
conservation treatment and the priority
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conservation practices and activities
that are needed to treat significant
resource concerns in the project area.
Identify specific priorities within the
project area that need to be addressed
first.
(5) Producer Information:
The partner must identify in the
proposal:
An estimate of the number of eligible
agricultural producers the partner
expects to participate in the project
compared with the estimated total
number of producers in the project area
(estimate the percentage of
participation). Producer participation is
a requirement for delivery of AWEP
program benefits. How will the partner
encourage participation to guarantee
success of the project? Does the project
include socially disadvantaged farmers
or ranchers, beginning farmers or
ranchers, limited resource farmers or
ranchers, or Indian tribes? Are there
groups of producers who may submit
joint program applications to address
resource issues of common interest and
need?
(6) Proposal Implementation Plan and
Schedule:
Potential partners must submit project
action plans and schedules, not to
exceed 5 years, detailing activities,
including timeframes related to project
milestones and monitoring and
evaluation activities that will likely be
documented in the partnership
agreement. A project action plan should
describe how often the potential partner
plans to monitor and evaluate the
project and how it plans to quantify the
results or performance of the project for
the final project performance report.
Indicate the practices the partner
expects to implement during the project
timeframe and general sequence of
implementation.
(7) Letter of Review:
Potential partners must include a
copy of the letter showing that the
written proposal was sent to the
appropriate State Conservationist(s). If a
project is multi-State in scope, all State
Conservationists in the proposed project
area must be sent the proposal for
review. The State Conservationist(s) will
review the proposal to address:
(a) Potential duplication of efforts
with other projects or existing programs.
(b) Adherence to, and consistency
with, overall EQIP regulation including
requirements related to land and
producer eligibility and use of approved
NRCS resource concerns and
conservation practices and other
program requirements.
(c) Expected benefits for project
implementation in their State(s).
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(d) Other issues or concerns the State
Conservationist is aware of that should
be considered by the Chief.
(e) A general recommendation for
support or denial of project approval.
State Conservationist(s) must submit
letters of review to Gregory K. Johnson,
Director, Financial Assistance Programs
Division no later than 10 calendar days
after the deadline for proposal
submission. A list of NRCS State
Conservationists, addresses, and phone
numbers is included as an attachment at
the end of this notice. Prior to
submission of the proposal, potential
partners are strongly encouraged to
consult with the appropriate State
Conservationist(s) during proposal
development to obtain guidance as to
appropriate resource concerns to
address needed water quality or water
conservation enhancements, needed
conservation practices and activities,
and other details of the project proposal.
All AWEP proposals become the
property of NRCS for use in the
administration of the program, may be
filed or disposed of by the agency, and
will not be returned to the potential
partner. Once proposals have been
submitted to the agency for review and
ranking, there will be no further
opportunity to change or re-submit the
proposal document.
Acknowledgement of Submission and
Notifications
Partners whose proposals have been
selected will receive a letter of official
notification. Upon notification of
selection, the partner should contact the
State Conservationist listed in the letter
to develop the required partnership
agreement and other project
implementation requirements. Potential
partners should note that depending
upon available funding, NRCS may offer
a reduced amount of program financial
assistance from what was requested in
the proposal. Partner submissions of
proposals that were not selected will be
notified by official letter.
Withdrawal of Proposals
Partner proposals may be withdrawn
by written notice to the Director,
Financial Assistance Programs Division
at any time prior to selection.
Ranking Considerations
The Chief or designee will evaluate
the proposals using a competitive
process. Higher priority may be given to
proposals that:
(a) Include high percentages of
agricultural land and producers in a
region or other appropriate area;
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(b) Result in high levels of applied
agricultural water quality and water
conservation activities;
(c) Significantly enhance agricultural
activity;
(d) Allow for monitoring and
evaluation by the partner;
(e) Assist agricultural producers in
meeting a regulatory requirement that
reduces the economic scope of the
producer’s operation; and
(f) Achieve the project’s land and
water treatment objectives within 5
years or less.
For proposals from States with water
quantity concerns, the Chief will give
higher priority to projects from States
where the proposal will:
(a) Include conservation practices that
support the conversion of agricultural
land from irrigated farming to dryland
farming;
(b) Leverage Federal funds provided
under the program with funds provided
by partners; and
(c) Assist producers in States with
high priority water quantity concerns, as
determined by the Chief. The high
priority areas are located in the
following regions: Eastern Snake Plain
Aquifer, Everglades, Ogallala Aquifer,
Puget Sound, Sacramento River Basin,
Red River, and Upper Mississippi River
Basin.
The Chief may include other factors
and criteria which help identify those
proposals which best achieve the
purposes of AWEP.
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Partnership Agreements
Upon selection and approval by the
Chief, the agency will enter into a
partnership agreement with the partner.
The partnership agreement will not
obligate funds, but will address:
(a) Agricultural water enhancement
activities anticipated to be addressed
and conservation practices to be
implemented;
(b) The role of NRCS;
(c) The responsibilities of the partner
related to the monitoring and evaluation
of project performance;
(d) The frequency and duration of the
monitoring and evaluation of project
performance;
(e) The content and format of the final
project performance report that is
required as a condition of the
agreement;
(f) The specified project schedule and
timeframe; and
(g) Other requirements deemed
necessary by NRCS to achieve the
purposes of AWEP.
Once the Chief or designee has
entered into a partnership agreement,
NRCS may enter into contracts directly
with eligible agricultural producers
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participating in the project and located
in the approved geographic area.
Participating producers must meet all
EQIP eligibility requirements (7 CFR
1466.8).
Waiver Authority
To assist in the implementation of
agricultural water enhancement
activities under the program, the Chief
may waive the applicability of the
Adjusted Gross Income Limitation, on a
case-by-case basis, in accordance with
policy and processes promulgated in 7
CFR part 1400. Such waiver requests
must be submitted in writing from the
program applicant, addressed to the
Chief, and submitted through the local
NRCS designated conservationist.
Signed March 29, 2010, in Washington,
DC.
Dave White,
Vice President, Commodity Credit
Corporation and Chief, Natural Resources
Conservation Service.
Attachment
State Conservationists
AL—William E. Puckett, 3381 Skyway
Drive, P.O. Box 311, Auburn,
Alabama 36830, Phone: 334/887–
4500, Fax: 334/887–4552, (V) 9027–
4557, (E)
william.puckett@al.usda.gov.
AK—Robert Jones, 800 West Evergreen,
Atrium Building, Suite 100, Palmer,
Alaska 99645–6539, Phone: 907/761–
7760, Fax: 907/761–7790, (V) 9035–
2227, (E)
robert.jones@ak.nrcs.usda.gov.
AZ—David L. McKay, 230 North First
Avenue, Suite 509, Phoenix, Arizona
85003–1706, Phone: 602/280–8801,
Fax: 602/280–8809 or 8805, (V) 9011–
8810, (E)
david.mckay@az.nrcs.usda.gov.
AR—Michael E. Sullivan, Federal
Building, Room 3416, 700 West
Capitol Avenue, Little Rock, Arkansas
72201–3228, Phone: 501/301–3100,
Fax: 501/301–3194, (V) 9044–3110,
(E) michael.sullivan@ar.usda.gov.
CA—Lincoln E. (Ed) Burton, 430 G
Street, Suite 4164, Davis, California
95616–4164, Phone: 530/792–5600,
Fax: 530/792–5790, (V) 9040–5601,
(E) ed.burton@ca.usda.gov.
CO—Allen Green, 655 Parfet Street,
Room E200C, Lakewood, Colorado
80215–5521, Phone: 720–544–2810,
Fax: 720–544–2965, (V) 9059–2802,
(E) allen.green@co.usda.gov.
CT—Douglas Zehner, 344 Merrow Road,
Suite A, Tolland, Connecticut 06084,
Phone: 860/871–4011, Fax: 860/871–
4054, (V) 9013–114, (E)
douglas.zehner@ct.usda.gov.
DE—Russell Morgan, 1221 College Park
Drive, Suite 100, Dover, Delaware
PO 00000
Frm 00009
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19904–8713, Phone: 302/678–4160,
Fax: 302/678–0843, (V) 9060–199, (E)
russell.morgan@de.usda.gov.
FL—Carlos Suarez, 2614 N.W. 43rd
Street, Gainesville, Florida 32606–
6611 or P.O. Box 141510, Gainesville,
FL 32614, Phone: 352/338–9500, Fax:
352/338–9574, (V) 9012–3501, (E)
carlos.suarez@fl.usda.gov.
GA—James Tillman, Federal Building,
Stop 200, 355 East Hancock Avenue,
Athens, Georgia 30601–2769, Phone:
706/546–2272, Fax: 706/546–2120,
(V) 9021–2082, (E)
james.tillman@ga.usda.gov.
GU—Lawrence T. Yamamoto, Director,
Pacific Basin Area, FHB Building,
Suite 301, 400 Route 8, Mongmong,
Guam 96910, Phone: 671/472–7490,
Fax: 671/472–7288, (V) 9000–822–
1265, (E)
larry.yamamoto@pb.usda.gov.
HI—Lawrence T. Yamamoto, 300 Ala
Moana Blvd., Room 4–118, P.O. Box
50004, Honolulu, Hawaii 96850–0002,
Phone: 808/541–2600 x107, Fax: 808/
541–1335, (V) 9042–108, (E)
larry.yamamoto@hi.nrcs.usda.gov.
ID—Jeffrey B. Burwell, 9173 West
Barnes Drive, Suite C, Boise, Idaho
83709, Phone: 208/378–5700, Fax:
208/378–5735, (V) 9000–291–4551,
(E) jeffrey.burwell@id.usda.gov.
IL—William J. Gradle, 2118 W. Park
Court, Champaign, Illinois 61821,
Phone: 217/353–6601, Fax: 217/353–
6676, (V) 9057–6601, (E)
bill.gradle@il.usda.gov.
IN—Jane E. Hardisty, 6013 Lakeside
Blvd., Indianapolis, Indiana 46278–
2933, Phone: 317/290–3200, Fax: 317/
290–3225, (V) 9029–301, (E)
jane.hardisty@in.usda.gov.
IA—Richard Sims, 693 Federal
Building, 210 Walnut Street, Suite
693, Des Moines, Iowa 50309–2180,
Phone: 515/284–6655, Fax: 515/284–
4394, (V) 9000–945–1065, (E)
richard.sims@ia.usda.gov.
KS—Kasey Taylor, Acting, Eric B.
Banks, 760 South Broadway, Salina,
Kansas 67401–4642, Phone: 785/823–
4565, Fax: 785/452–3369, (V) 9000–
345–8770, (E) eric.banks@ks.usda.gov.
KY—Tom Perrin, 771 Corporate Drive,
Suite 110, Lexington, Kentucky
40503–5479, Phone: 859/224–7350,
Fax: 859/224–7399, (V) 9032–7390,
(E) tom.perrin@ky.usda.gov.
LA—Kevin D. Norton, 3737 Government
Street, Alexandria, Louisiana 71302,
Phone: 318/473–7751, Fax: 318/473–
7626, (V) 9000–965–1635, (E)
kevin.norton@la.usda.gov.
ME—Juan Hernandez, 967 Illinois
Avenue, Suite #3, Bangor, Maine
04401, Phone: 207/990–9100, ext. #3,
Fax: 207/990–9599, (V) 9000–757–
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1028, (E)
juan.hermandez@me.usda.gov.
MD—Jon F. Hall, John Hanson Business
Center, 339 Busch’s Frontage Road,
Suite 301, Annapolis, Maryland
21401–5534, Phone: 410/757–0861
x315, Fax: 410/757–0687, (V) 9053–
315, (E) jon.hall@md.usda.gov.
MA—Christine Clarke, 451 West Street,
Amherst, Massachusetts 01002–2995,
Phone: 413/253–4351, Fax: 413/253–
4375, (V) 9047–4352, (E)
Christine.clarke@ma.usda.gov.
MI—Garry D. Lee, 3001 Coolidge Road,
Suite 250, East Lansing, Michigan
48823–6350, Phone: 517/324–5270,
Fax: 517/324–5171, (V) 9048–5277,
(E) garry.lee@mi.usda.gov.
MN—Jennifer Heglund, Acting, 375
Jackson Street, Suite 600, St. Paul,
Minnesota 55101–1854, Phone: 651/
602–7900, Fax: 651/602–7913 or
7914, (V) 9041–7854, (E)
Jennifer.heglund@mn.usda.gov.
MS—Homer Wilkes, Suite 1321, Federal
Building, 100 West Capitol Street,
Jackson, Mississippi 39269–1399,
Phone: 601/965–5205, Fax: 601/965–
4940, (V) 9000–965–2065, (E)
homer.wilkes@ms.nrcs.usda.gov.
MO—J.R. Flores, Parkade Center, Suite
250, 601 Business Loop 70 West,
Columbia, Missouri 65203–2546,
Phone: 573/876–0901, Fax: 573/876–
9439, (V) 9034–1367, (E)
jr.flores@mo.usda.gov.
MT—Joyce Swartzendruber, Federal
Building, Room 443, 10 East Babcock
Street, Bozeman, Montana 59715–
4704, Phone: 406/587–6813, Fax: 406/
587–6761, (V) 9056–6813, (E)
joyce.swartzendruber@mt.usda.gov.
NE—Stephen K. Chick, Federal
Building, Room 152, 100 Centennial
Mall, North, Lincoln, Nebraska
68508–3866, Phone: 402/437–5300,
Fax: 402/437–5327, (V) 9026–4103,
(E) steve.chick@ne.usda.gov.
NV—Bruce Petersen, 5301 Longley
Lane, Building F, Suite 201, Reno,
Nevada 89511–1805, Phone: 775/857–
8500, Fax: 775/857–8524, (V) 9000–
784–1390, (E)
bruce.petersen@nv.usda.gov.
NH—George Cleek, Federal Building, 2
Madbury Road, Durham, New
Hampshire 03824–2043, Phone: 603/
868–7581 ext. 125, Fax: 603/868–
5301, (V) 9000–868–8035, (E)
george.cleek@nh.usda.gov.
NJ—Thomas Drewes, 220 Davidson
Avenue, Somerset, New Jersey 08873,
Phone: 732/537–6040, Fax: 732/537–
6095, (V) 9000–767–1000, (E)
tom.drewes@nj.usda.gov.
NM—Dennis L. Alexander, 6200
Jefferson Street, N.E., Suite 305,
Albuquerque, New Mexico 87109–
3734, Phone: 505/761–4402 (Rita),
VerDate Nov<24>2008
16:40 Apr 01, 2010
Jkt 220001
Fax: 505/761–4481, (V) 9016–4401,
(E) dennis.alexander@nm.usda.gov.
NY—Astor Boozer, 441 South Salina
Street, Suite 354, Syracuse, New York
13202–2450, Phone: 315/477–6504,
Fax: 315/477–6550, (V) 9015–6501,
(E) astor.boozer@ny.usda.gov.
NC—J. B. Martin, Acting, 4405 Bland
Road, Suite 205, Raleigh, North
Carolina 27609–6293, Phone: 919/
873–2102, Fax: 919/873–2156, (V)
9025–2101, (E)
JB.martin@nc.usda.gov.
ND—Paul Sweeney, 220 E. Rosser
Avenue, Room 278, P.O. Box 1458,
Bismarck, North Dakota 58502–1458,
Phone: 701/530–2000, Fax: 701/530–
2110, (V) 9051–2003, (E)
paul.sweeney@nd.usda.gov.
OH—Terry J. Cosby, 200 North High
Street, Room 522, Columbus, Ohio
43215–2478, Phone: 614/255–2472,
Fax: 614/255–2548, (V) 9000–881–
1870, (E) terry.cosby@oh.usda.gov.
OK—Ronald L. Hilliard, 100 USDA,
Suite 206, Stillwater, Oklahoma
74074–2655, Phone: 405/742–1204,
Fax: 405/742–1126, (V) 9037–1280,
(E) ron.hillard@ok.usda.gov.
OR—Ron Alvarado, 101 SW Main
Street, Suite 1300, Portland, Oregon
97204–3221, Phone: 503/414–3200,
Fax: 503/414–3103, (V) 9019–3201,
(E) ron.alvarado@or.usda.gov.
PA—Dave Brown, Acting, 1 Credit
Union Place, Suite 340, Harrisburg,
Pennsylvania 17110–2993, Phone:
717/237–2203, Fax: 717/237–2238,
(V) 9039–2203, (E)
dave.brown@pa.usda.gov.
PR—Angel Figueroa, Acting, Director,
Caribbean Area, IBM Building, Suite
604, 654 Munoz Rivera Avenue, Hato
Rey, Puerto Rico 00918–4123, Phone:
787/766–5206, ext. 237, Fax: 787/
766–5987, (V) 9000–769–1030, (E)
angel.figueroa@wdc.usda.gov.
RI—Richard ‘‘Pooh’’ Vongkhamdy, 60
Quaker Lane, Suite 46, Warwick,
Rhode Island 02886–0111, Phone:
401/828–1300, Fax: 401/828–0433,
(V) 9023–115, (E)
pooh.vongkhamdy@ri.usda.gov.
SC—Keisha Brown, Acting, Strom
Thurmond Federal Building, 1835
Assembly Street, Room 950,
Columbia, South Carolina 29201–
2489, Phone: 803/253–3935, Fax: 803/
253–3670, (V) 9031–3940, (E)
Keisha.brown@sc.usda.gov.
SD—Janet L. Oertly, Federal Building,
Room 203, 200 Fourth Street, S.W.,
Huron, South Dakota 57350–2475,
Phone: 605/352–1200, Fax: 605/352–
1288, (V) 9036–1201, (E)
janet.oertly@sd.usda.gov.
TN—Kevin Brown, 675 U.S.
Courthouse, 801 Broadway, Nashville,
Tennessee 37203–3878, Phone: 615/
PO 00000
Frm 00010
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277–2531, Fax: 615/277–2578, (V) 90
58–2530, (E)
kevin.brown@tn.usda.gov.
TX—Donald W. Gohmert, W.R. Poage
Federal Building, 10l South Main
Street, Temple, Texas 76501–7602,
Phone: 254/742–9800, Fax: 254/742–
9819, (V) 9038–9803, (E)
don.gohmert@tx.usda.gov.
UT—Sylvia A. Gillen, W.F. Bennett
Federal Building, 125 South State
Street, Room 4402, Salt Lake City,
Utah 84111, Phone: 801/524–4555,
Fax: 801/524–4403, (V) 9000–625–
1550, (E) sylvia.gillen@ut.usda.gov.
VT—Judith M. Doerner, 356 Mountain
View Drive, Suite 105, Colchester,
Vermont 05446, Phone: 802/951–
6795, Fax: 802/951–6327, (V) 9000–
768–1240, (E)
judy.doener@vt.usda.gov.
VA—Vicky Drew, Acting, Jack Bricker,
Culpeper Building, Suite 209, 1606
Santa Rosa Road, Richmond, Virginia
23229–5014, Phone: 804/287–1691,
Fax: 804/287–1737, (V) 9003–1682,
(E) jack.bricker@va.usda.gov.
WA—Roylene Rides at the Door, Rock
Pointe Tower II, W. 316 Boone
Avenue, Suite 450, Spokane,
Washington 99201–2348, Phone: 509/
323–2900, Fax: 509/323–2909, (V)
9035–2901, (E) door@wa.usda.gov.
WV—Kevin Wickey, 75 High Street,
Room 301, Morgantown, West
Virginia 26505, Phone: 304/284–7540,
Fax: 304/284–4839, (V) 9049–7542,
(E) kevin.wickey@wv.usda.gov.
WI—Patricia Leavenworth, 8030
Excelsior Drive, Suite 200, Madison,
Wisconsin 53717, Phone: 608/662–
4422, Fax: 608/662–4430, (V) 9018–
222, (E) pat.leavenworth@wi.usda.gov.
WY—J. Xavier Montoya, Federal
Building, Room 3124, 100 East B
Street, Casper, Wyoming 82601–1911,
Phone: 307/233–6750, Fax: 307/233–
6753, (V) 9000–951–1015, (E)
Xavier.montoya@wy.usda.gov.
[FR Doc. 2010–7515 Filed 4–1–10; 8:45 am]
BILLING CODE 3410–16–P
DEPARTMENT OF AGRICULTURE
Forest Service
Beaver Creek Landscape Management
Project, Ashland Ranger District,
Custer National Forest; Powder River
County, MT
Forest Service, USDA.
Notice; intent to prepare
environmental impact statement.
AGENCY:
ACTION:
SUMMARY: The Forest Service will
prepare an Environmental Impact
Statement (EIS) to disclose the effects of
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Agencies
[Federal Register Volume 75, Number 63 (Friday, April 2, 2010)]
[Notices]
[Pages 16719-16728]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7515]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
Agricultural Water Enhancement Program
AGENCY: Commodity Credit Corporation and Natural Resources Conservation
Service, Department of Agriculture.
ACTION: Notice of request for proposals.
-----------------------------------------------------------------------
SUMMARY: Section 2510 of the Food, Conservation, and Energy Act of 2008
(2008 Act) established the Agricultural Water Enhancement Program
(AWEP) by amending section 1240I of the Food
[[Page 16720]]
Security Act of 1985. The Secretary of Agriculture delegated the
authority for AWEP to the Chief of the Natural Resources Conservation
Service (NRCS), who is Vice President of the Commodity Credit
Corporation (CCC). NRCS is an agency of the Department of Agriculture
(USDA). Effective upon publication of this notice, NRCS announces the
availability of approximately $20.7 million in AWEP financial
assistance during fiscal year (FY) 2010 to support new AWEP projects.
The AWEP is a voluntary conservation initiative that provides financial
and technical assistance to agricultural producers to implement
agricultural water enhancement activities on agricultural land for the
purposes of conserving surface and ground water and improving water
quality. As part of the Environmental Quality Incentives Program
(EQIP), AWEP operates through program contracts with producers to plan
and implement conservation practices in project areas established
through partnership agreements. The purpose of this notice is to inform
agricultural producers of the potential availability of program funds
and to solicit proposals from potential partners seeking partnership
agreements with the Chief to promote the conservation of ground and
surface water and the improvement of water quality. This is not a grant
program to partners, and all Federal funding offered through this
authority will be paid directly to agricultural producers through
individual contract agreements.
DATES: Effective Date: The notice of request is effective April 2,
2010.
Eligible partners may submit proposals by mail or via courier.
By mail: proposals must be postmarked May 17, 2010.
By courier: proposals must be delivered May 17, 2010.
ADDRESSES: Written proposals should be submitted to the addresses
identified below, with copies to the appropriate NRCS State
Conservationist whose names and addresses are identified as an
attachment to this notice. If a project is multi-State in scope,
potential partners must send each State Conservationist in the proposed
project areas the proposal for review.
By mail: Gregory K. Johnson, Director, Financial
Assistance Programs Division, Department of Agriculture, Natural
Resources Conservation Service, ``AWEP Proposal,'' 1400 Independence
Avenue, SW., Room 5239 South Building, Washington, DC 20250. (Note:
Registered or Certified Mail to a Post Office will not be accepted.)
By courier: Gregory K. Johnson, Director, Financial
Assistance Programs Division, Department of Agriculture, Natural
Resources Conservation Service, ``AWEP Proposal,'' 1400 Independence
Avenue, SW., Room 5239 South Building, Washington, DC 20250, Telephone:
(202) 720-1845. Proposals will be accepted 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) 720-1845.
Note: Proposals submitted via fax, e-mail, or after the deadline
date listed in this notice will not be considered.
FOR FURTHER INFORMATION CONTACT: Gregory K. Johnson, Director,
Financial Assistance Programs Division, Department of Agriculture,
Natural Resources Conservation Service, 1400 Independence Avenue, SW.,
Room 5239 South Building, Washington, DC 20250, Telephone: (202) 720-
1845; Fax: (202) 720-4265; or E-mail: AWEP@wdc.usda.gov. Additional
information regarding AWEP is available at the following NRCS Web page:
https://www.nrcs.usda.gov/programs/AWEP/.
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).
SUPPLEMENTARY INFORMATION: This notice includes significant additions
from the 2009 notice issued last fiscal year. The basic authority,
procedures, and program requirements have not changed. Partners who
responded to the 2009 notice reported difficulty in understanding where
and how to apply, confusion about administration and purpose of the new
AWEP authority and requirements of partners, misunderstanding that AWEP
was not a grant program for partners, lack of knowledge about NRCS
resource concerns and conservation practices that needed to be
addressed through the partnership, frustration in NRCS terminology used
in the notices, and other similar concerns. As the result of these
concerns, the agency conducted an internal examination of AWEP to
better clarify the program and requirements for proposal submission. In
addition to the internal review, the agency also invited suggestions
from legislators, producers, and other organizations with an interest
in AWEP. As a result of the review, this notice includes more
explanation of the program, added definitions, clarification of the
requirements and criteria to be addressed in the proposal, links to
resources to help partners apply, and other general improvements. The
requirements for submission of the proposal are not significantly
different from 2009, and pose no additional burden or workload.
Availability of Funding
Effective upon publication of this notice, NRCS announces the
availability of approximately $20.7 million in AWEP financial
assistance during FY 2010 to support new AWEP projects. NRCS will
implement AWEP by entering into partnership agreements with eligible
entities to conserve ground and surface water or improve water quality,
or both, through a regional approach. Eligible partners must submit
complete proposals, as described in this notice, to Gregory K. Johnson,
Director, Financial Assistance Programs Division. Proposals are
submitted by eligible partners, and project evaluation will be based
upon a competitive process and the criteria established in this notice.
Once the Chief approves a partner's proposal and announces selection,
agricultural producers within the project area may submit an AWEP
application directly to their local NRCS office. Only specific kinds of
entities are eligible to submit a proposal and enter into partnership
agreements with NRCS; these include federally recognized Indian tribes,
State and local units of government, agricultural or silvicultural
associations, and other groups of producers such as an irrigation
association, agricultural land trust, or other nongovernmental
organization that has experience working with agricultural producers.
Nongovernmental organizations are entities as defined by the Internal
Revenue Service and as cited in the definitions section of this notice.
This is not a grant program, and all Federal funds made available
through this request for proposals will be paid directly to producers
through program contract agreements. Individual agricultural producers
are not AWEP eligible entities and may not submit AWEP proposals, nor
may they apply for program benefits through this proposal submission
process; however, once an AWEP project area has been approved and
announced, individual producers may apply for program benefits through
their local NRCS office. No Federal AWEP funding may be used to cover
administrative expenses of partners. Administrative activities include
any indirect or direct costs relating to submitting or implementing the
project proposal.
[[Page 16721]]
Definitions
Activities means conservation systems, practices, or management
measures needed to address a resource concern or improve environmental
quality through the treatment of natural resources, and includes
structural, vegetative, and management practices, as well as the
activity for development of conservation plans, as determined by NRCS.
Activities may also include actions associated with an agricultural
operation or other activities conducted by an AWEP partner which may or
may not be associated with an NRCS conservation practice or program
support.
Agricultural land means cropland, grassland, rangeland, pasture,
and other agricultural land on which agricultural and forest-related
products or livestock are produced and resource concerns may be
addressed. Other agricultural lands may include cropped woodland,
marshes, incidental areas included in the agricultural operation, and
other types of agricultural land used for production of livestock.
Agricultural water enhancement activity means the following,
conducted in accordance with State water law:
(a) Water quality or water conservation plan development, including
resource condition assessment and modeling;
(b) Water conservation restoration or enhancement projects,
including the conversion to the production of less water-intensive
agricultural commodities or dryland farming;
(c) Water quality or quantity restoration or enhancement projects;
(d) Irrigation system improvement and irrigation efficiency
enhancements;
(e) Activities designed to mitigate the effects of drought, (e.g.,
construction, improvement, or maintenance of irrigation ponds, small
on-farm reservoirs, or other agricultural water impoundment structures
that are designed to capture surface water runoff); and
(f) Related activities that the Chief determines will help achieve
water quality or water conservation benefits on agricultural land.
Note: Not all listed activities are currently supported by NRCS
practice standards or funded through NRCS programs.
Applicant means a person, legal entity, joint operation, or tribe
that has an interest in an agricultural or forestry operation, as
defined in 7 CFR part 1400, who has requested to participate in AWEP.
Beginning Farmer or Rancher means a person or legal entity who:
(a) Has not operated a farm or ranch, or who has operated a farm or
ranch for not more than 10 consecutive years. This requirement applies
to all members of an entity who will materially and substantially
participate in the operation of the farm or ranch.
(b) In the case of a contract with an individual, individually, or
with the immediate family, material and substantial participation
requires that the individual provide substantial day-to-day labor and
management of the farm or ranch consistent with the practices in the
county or State where the farm is located.
(c) In the case of a contract with an entity or joint operation,
all members must materially and substantially participate in the
operation of the farm or ranch. Material and substantial participation
requires that each of the members provide some amount of the management
or labor and management necessary for day-to-day activities, such that
if each of the members did not provide these inputs, operation of the
farm or ranch would be seriously impaired.
Chief means Chief of the Natural Resources Conservation Service, or
designee.
Conservation Activity Plan means a resource-specific conservation
plan prepared by a certified Technical Service Provider (TSP) as
authorized by the 2008 Act for financial assistance payment through
EQIP for eligible land of the producer.
Conservation planning means using the planning process outlined in
the NRCS National Planning Procedures Handbook (NPPH). The NPPH is
available at: https://directives.sc.egov.usda.gov/.
Conservation practice means one or more conservation improvements
and planning activities, including structural practices, land
management practices, vegetative practices, forest management
practices, and other improvements that are planned and applied
according to standards and specifications contained in the NRCS Field
Office Technical Guide (FOTG). Conservation practices and activities
funded through AWEP are subject to requirements of EQIP regulation (7
CFR 1466.10) (https://www.nrcs.usda.gov/programs/eqip). Only EQIP may
provide financial assistance for support of the activity of
conservation planning.
Conservation system means a combination of conservation practices
and management measures used to address natural resource and
environmental concerns in a comprehensive, holistic, and integrated
manner.
Contract as defined in the EQIP regulation means a legal document
that specifies the rights and obligations of any participant accepted
to participate in the AWEP program. An AWEP contract is a binding
agreement for the transfer of assistance from the Department of
Agriculture (USDA) to the participant to share in the costs of applying
conservation practices. Contracts funded through AWEP are subject to
requirements of EQIP regulation (7 CFR 1466.21) (https://www.nrcs.usda.gov/programs/eqip).
Designated Conservationist means an NRCS employee whom the State
Conservationist has designated as responsible for administration of
NRCS programs at the local level.
Environmental Quality Incentives Program means a program
administered by NRCS in accordance with 7 CFR part 1466 (https://www.nrcs.usda.gov/programs/eqip), which provides technical and
financial assistance to eligible producers for the installation and
implementation of conservation practices and activities on private
agricultural and nonindustrial forest land.
Exceptional Drought (D-4) means, as defined by the National Oceanic
and Atmospheric Administration, exceptional widespread crop/pasture
losses; exceptional fire risk; and shortages of water in reservoirs,
streams, and wells creating water emergencies.
Field Office Technical Guide means the official local NRCS source
of resource information, conservation practice standards,
specifications, and interpretation of guidelines, criteria, and
requirements for planning and applying conservation practices,
activities, and conservation management systems. It contains natural
resource quality criteria to be achieved to provide for the
conservation and sustainability of soil, water, air, plant, and animal
resources applicable to the geographic area where resource concerns are
addressed. The FOTG can be accessed online at: https://www.nrcs.usda.gov/technical/efotg/.
Financial Assistance means a payment made to the program
participant.
Forest management plan means a site-specific plan that is prepared
by a professional resource manager, in consultation with the
participant, and is approved by the State Conservationist. Forest
management plans may include a forest stewardship plan, as specified in
section 5 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2103a); another practice plan approved by the State Forester; or
another plan determined appropriate by the State
[[Page 16722]]
Conservationist. The plan must comply with Federal, State, tribal, and
local laws, regulations, and permit requirements.
Indian land is an inclusive term describing all lands held in trust
by the United States for individual Indians or tribes, or all lands,
titles to which are held by individual Indians or tribes, subject to
Federal restrictions against alienation or encumbrance, or all lands
that are subject to the rights of use, occupancy, or benefit of certain
tribes. For purposes of this notice, the term Indian land also includes
land for which the title is held in fee status by Indian tribes and the
United States Government owned land under the Bureau of Indian Affairs
jurisdiction.
Indian tribe means any Indian tribe, band, nation, or other
organized group or community, including any Alaska Native village or
regional or village corporation as defined in or established pursuant
to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)
that is federally recognized as eligible for the special programs and
services provided by the United States to Indians because of their
status as Indians.
Joint Agreement means a business arrangement where two or more
participants cooperate to carry out conservation practices that can
best be accomplished by combining resources. Such agreements must be
formally documented and signed by all applicable parties.
Joint Operation means a general partnership, joint venture, or
other similar business arrangement in which the members are jointly and
severally liable for the obligations of the organization.
Limited Resource Farmer or Rancher means:
(a) A person with direct or indirect gross farm sales not more than
$155,200 in each of the previous 2 years (adjusted for inflation using
Prices Paid by Farmer Index as compiled by the National Agricultural
Statistical Service); and
(b) Has a total household income at or below the national poverty
level for a family of four, or less than 50 percent of county median
household income in each of the previous 2 years (to be determined
annually using Department of Commerce data).
Local working group means the advisory body pursuant to 16 U.S.C.
3861 and described in 7 CFR part 610. Information regarding these
groups can be found at: https://www.nrcs.usda.gov/programs/StateTech/.
Nongovernmental organization is any legal entity that is organized
for, and at all times since, the formation of the organization has been
operated principally for one or more of the conservation purposes
specified in clause (i), (ii), (iii), or (iv) of section 170(h)(4)(A)
of the Internal Revenue Code of 1986; is an organization described in
section 501(c)(3) or that is described in section 509(a)(2) of that
Code; or is described in section 509(a)(3) of that Code and is
controlled by an organization described in section 509(a)(2) of that
Code.
Nonindustrial private forest land means rural land, as determined
by the Secretary, that has existing tree cover or is suitable for
growing trees and is owned by any nonindustrial private individual,
group, association, corporation, Indian tribe, or other private legal
entity that has definitive decisionmaking authority over the land.
Participant means a person, legal entity, joint operation, or tribe
that is receiving payment or is responsible for implementing the terms
and conditions of an EQIP contract.
Partner means an entity that enters into a partnership agreement
with NRCS to carry out the approved AWEP project. Eligible partners
include federally recognized Indian tribes, State and local units of
government, agricultural or silvicultural associations, or other such
groups of agricultural producers. Note: Individual agricultural
producers are not partners under provisions of AWEP and are not
eligible to submit proposals as outlined in this notice.
Partner applicant means an eligible entity that enters into a
partnership agreement with NRCS to carry out the approved AWEP project.
Partnership agreement means a multi-year agreement between NRCS and
the partner. The AWEP partnership agreement describes the activities
and resources, such as technical or financial assistance, that may be
provided by NRCS and the partner to help producers meet the objectives
of AWEP in an approved project area. The AWEP partnership agreement
does not transfer financial or technical assistance funding to a
partner, nor provide for the administrative expenses of the partner.
Individual producers may not enter into partnership agreements under
AWEP authority.
Payment means financial assistance provided to a contract
participant under the terms of the program contract. The payment is
based upon the estimated costs incurred for performing or implementing
conservation practices and activities, including costs for planning,
materials, equipment, labor, design and installation, maintenance,
management, or training, as well as the estimated income foregone by
the producer for designated conservation practices. AWEP payments are
only made to eligible agricultural producers through program contracts.
Payments and payment rates are established by program rule. Payments
are only provided to assist with implementation of approved
conservation practices and activities listed in the FOTG and must meet
other requirements of EQIP regulation (7 CFR 1466.23-24) (https://www.nrcs.usda.gov/programs/eqip).
Priority resource concern means a resource concern that is
identified by the State Conservationist, with advice from the State
Technical Committee and local work groups, as a priority for a State or
the specific geographic areas within a State.
Producer means a person, legal entity, or joint operation who has
an interest in the agricultural operation, according to 7 CFR part
1400, or who is engaged in agricultural production or forestry
management.
Projects of Special Environmental Significance means projects, as
defined in 7 CFR 1466(d) and approved by the Chief, which meet the
following criteria:
(a) Site-specific evaluations have been completed, documenting that
the project will have substantial positive impacts on critical
resources in or near the project area (e.g., impaired water bodies or
at-risk species);
(b) The project clearly addresses a national priority and State,
tribal, or local priorities, as applicable; and
(c) The project assists the participant in complying with Federal,
State, and local regulatory requirements.
Rangeland means land on which the historic climax plant community
is predominantly grasses, grass-like plants, forbs, or shrubs, and
includes lands revegetated naturally or artificially when routine
management of that vegetation is accomplished mainly through
manipulation of grazing. Rangelands include natural grasslands,
savannas, shrublands, most deserts, tundra, alpine communities, coastal
marshes, and wet meadows.
Resource concern means a specific natural resource problem that
represents a significant concern in a State or region, and is likely to
be addressed successfully through the implementation of conservation
activities by producers. The two natural resource concerns that may be
addressed through AWEP are water conservation or water quality and
include the following sub categories:
Water Quantity (Water Conservation):
Aquifer Overdraft
Excessive Runoff, Flooding, or Ponding
Excessive Seepage
Excessive Subsurface Water
[[Page 16723]]
Inadequate Outlets
Inefficient Water Use on Irrigated Land
Inefficient Water Use on Nonirrigated Land
Insufficient Flows in Water Courses
Rangeland Hydrologic Cycle
Reduced Capacity of Conveyances by Sediment Deposition
Reduced Storage of Water Bodies by Sediment Accumulation
Water Quality:
Excessive Nutrients and Organics in Groundwater
Excessive Nutrients and Organics in Surface Water
Excessive Salinity in Groundwater
Excessive Salinity in Surface Water
Excessive Suspended Sediment and Turbidity in Surface
Water
Harmful Levels of Pathogens in Groundwater
Harmful Levels of Pathogens in Surface Water
Harmful Levels of Pesticides in Groundwater
Harmful Levels of Pesticides in Surface Water
Harmful Temperatures of Surface Water
Resource concerns used by NRCS are found in section III of each
State or local FOTG which can be found at: https://www.nrcs.usda.gov/technical/efotg/.
Socially Disadvantaged Farmer or Rancher means a farmer or rancher
who has been subjected to racial or ethnic prejudices because of their
identity as a member of a group without regard to their individual
qualities. Those groups include African Americans, American Indians or
Alaskan natives, Hispanics, Asians, and native Hawaiians or other
Pacific Islanders.
State Conservationist means the NRCS employee who is authorized to
implement conservation programs administered by NRCS, and who directs
and supervises NRCS activities in a State, the Caribbean Area, or the
Pacific Islands Area.
State Technical Committee means a committee established by the USDA
Secretary in a State pursuant to 16 U.S.C. 3861 and described in 7 CFR
part 610. Information regarding these committees can be found at:
https://www.nrcs.usda.gov/programs/StateTech/.
Technical assistance means technical expertise, information, and
tools necessary for the conservation of natural resources on land
active in agricultural, forestry, or related uses. The term includes
the following: (1) Technical services provided directly to farmers,
ranchers, and other eligible entities, such as conservation planning,
technical consultation, and assistance with the design and
implementation of conservation practices; and (2) technical
infrastructure including activities, processes, tools, and agency
functions needed to support delivery of technical services, such as
technical standards, resource inventories, training, data, technology,
monitoring, and effects analyses. Information regarding technical
assistance can be found at: https://www.nrcs.usda.gov/programs/cta/.
Technical Service Provider means an individual, private-sector
entity, or public agency certified by NRCS, in accordance with 7 CFR
part 652, to provide technical services to program participants in lieu
of or on behalf of NRCS. Information regarding TSP services available
through AWEP is found in the EQIP regulation (7 CFR 1466.11) (https://www.nrcs.usda.gov/programs/eqip).
Overview of the Agricultural Water Enhancement Program
Background
The AWEP is a voluntary conservation program that provides
financial and technical assistance to agricultural producers to
implement agricultural water enhancement activities using conservation
practices on eligible land for the purposes of conserving surface and
ground water and improving water quality. As part of EQIP, AWEP
operates through contracts with eligible producers to plan and
implement approved conservation practices and activities to conserve
ground and surface water and improve water quality in project areas
established through partnership agreements. Producers located in
approved AWEP project areas, announced by partners and NRCS, may submit
an application for program assistance at their local NRCS service
center or field office. As part of the partnership agreement, approved
partners may also help facilitate the submission of producers'
applications, or they may provide additional technical or financial
assistance to participating agricultural producers, or provide other
resources as defined in the agreement. A primary intent of AWEP is to
leverage other non-Federal resources along with NRCS program resources
to achieve program objectives. Partners are encouraged to include in
their proposals resources to help producers implement approved
conservation practices and activities and provisions to address those
AWEP priority activities that NRCS does not have the authority to
implement (e.g. resource condition assessment and modeling). The
partner is not required to provide financial or technical resources
towards the project (match); however, proposals that include or offer
partner provided resources will be given higher priority consideration
in the evaluation process. AWEP financial assistance is delivered
directly to producers in approved project areas through contract
agreements. No technical or financial assistance funding may be
provided to a partner through the AWEP partner agreement. However, if
requested by a partner, the State Conservationist or Chief may consider
development of a separate funding agreement with a qualified partner
for delivery of technical services to producers participating in an
approved AWEP project.
Submitting Proposals
Potential partners must submit a complete proposal to Gregory K.
Johnson, Director, Financial Assistance Programs Division, addressing
all questions and items listed in the ``Proposal Requirements'' section
of this notice. The proposal must include sufficient detail to allow
NRCS to understand the partner's priority resource concerns,
objectives, and expected outcomes. Incomplete proposals and those that
do not meet the requirements set forth in this notice will not be
considered, and notification of elimination will be mailed to the
applicant. The proposal must also be accompanied by letters of review
from the appropriate State Conservationists to the Director, Financial
Assistance Programs Division as specified in this notice. The Chief or
designee will review, prioritize, and evaluate the proposals based on
the criteria provided in this notice. State Conservationists will
provide guidance to potential partners regarding resource concerns that
may be addressed in the proposed project area, local working group and
State Technical Committee natural resource priorities, approved
conservation practices and activities, and other program requirements
the partner should consider when developing a proposal.
Partner Entity Eligibility
Potential partner entities that are eligible to participate as
partners include federally recognized Indian tribes, States and local
units of government, agricultural or silvicultural associations, or
other groups of producers, such as an irrigation association,
agricultural land trust, or other nongovernmental organization that has
experience working with agricultural producers. Individual
[[Page 16724]]
producers are not eligible to submit proposals under this notice.
Producer Eligibility
Individual producers are eligible to apply for program benefits as
part of an approved AWEP project as determined by the requirements of
this notice and EQIP regulation found in 7 CFR 1466.8 (https://www.nrcs.usda.gov/programs/eqip). Producers seeking to participate in
an approved AWEP project must meet all EQIP program eligibility
requirements.
Producer Applications and Contracts
Agricultural producers in approved project areas may apply for
available AWEP funds at their local USDA service center or NRCS field
office (https://offices.sc.egov.usda.gov/locator/app?agency=nrcs). Once
an application is selected, an eligible agricultural producer will
enter into a contract with NRCS to implement approved conservation
practices that address the water conservation and water quality
resource concerns identified in the partnership proposal and agreement.
Through these contracts, NRCS provides payments to agricultural
producers for implementing conservation practices that meet the
agricultural water enhancement activities and goals of the project. The
term of the contract agreement with a producer will be for a minimum
duration of one year after completion of the last practice, but not
more than 10 years.
In States with water quantity concerns, where the partner proposal
includes conservation management practices that assist producers with
the conversion of agricultural land from irrigated farming to dryland
farming, NRCS may enter into contracts that provide a producer payments
for applicable practices for up to 5 years as needed to complete the
conversion when the conversion activity is consistent with State law.
Conversion activities are supported through AWEP by implementation of
approved conservation practices.
An agricultural producer may elect to use a TSP for technical
assistance associated with conservation planning or practice design and
implementation. A participant may not receive payments that exceed an
aggregate of $300,000, directly or indirectly, for all EQIP and AWEP
contracts, including prior year contracts entered into during any 6-
year period. The Chief may waive this limitation allowing up to
$450,000 for projects of special environmental significance as defined
in this notice and EQIP regulation in section Sec. 1466.21(d). All
agricultural producers receiving assistance through AWEP must meet EQIP
program eligibility requirements and will be subject to EQIP payment
limitations and other requirements. Producers applying for AWEP are not
required to have an existing EQIP contract. However, they must be
determined eligible for EQIP assistance prior to entering into an AWEP
contract. Information about limitations and benefits that apply to land
and agricultural producers enrolled in the AWEP program are found in
the EQIP authorizing legislation (16 U.S.C. 3839aa) and regulation (7
CFR part 1466) (https://www.nrcs.usda.gov/programs/eqip).
Land Eligibility
The following land is eligible for enrollment in the AWEP through
program contracts with producers:
Private agricultural land.
Indian land.
Publicly owned land where:
[cir] The conservation practices to be implemented on the public
land are necessary and will contribute to an improvement in the
identified resource concern;
[cir] The land is a working component of the participant's
agricultural or forestry operation; and
[cir] The participant has control of the land for the term of the
contract.
For producer contracts that address water conservation and
irrigation related conservation practices, EQIP regulation requires
that land must be irrigated 2 of the previous 5 years prior to
application for assistance (7 CFR 1466.10(d)). AWEP projects that
include agricultural lands not irrigated for 2 of the previous 5 years,
the construction, improvement, or maintenance of irrigation ponds,
small on-farm reservoirs, or other agricultural water impoundment
structures that are designed to capture surface water runoff, are
eligible only in an area that is experiencing or has experienced
exceptional drought conditions between June 18, 2006, and June 18,
2008. A list of States and counties that are designated exceptional
drought areas is found on the AWEP Web site at: https://
www.nrcs.usda.gov/programs/awep/.
Additional information regarding land eligibility to meet EQIP
requirements are found in 7 CFR 1466.8 and available at: https://www.nrcs.usda.gov/programs/eqip.
Proposal Requirements
For consideration of a proposal, a potential partner must submit
five copies of the written proposal and one electronic copy for single-
State or multi-State projects that do not exceed 5 years in length. The
proposal must be in the following format and contain the information
set forth below:
Proposal Format: Five copies of the proposal should be typewritten
or printed on 8\1/2\'' x 11'' white paper. The text of the application
should be in a font no smaller than 12-point, with one-inch margins.
One additional copy of the proposal must be in a format such as
Microsoft Word or PDF on one CD ROM. If submitting more than one
proposal, submit a separate proposal for each project. Consult the NRCS
national AWEP Web site for an example of an acceptable AWEP proposal
document at: https://www.nrcs.usda.gov/programs/awep/. The entire
proposal may not exceed 12 pages in length including summary, maps,
reference materials, and related reports.
Proposal Summary
The basic format for the AWEP proposal is a narrative written
response to the questions and information requested in this notice.
There are no forms required or associated with the proposal submission
process; however, the proposal must include the following:
(1) Proposal Cover Sheet and Summary: The first two pages of the
proposal summary must include:
(a) Project Title.
(b) Project director/manager name, telephone number, and e-mail
address.
(c) Name of lead partner entity submitting proposal and other
collaborating partners.
(d) Mailing address and phone numbers for lead partner submitting
proposal.
(e) Short general description/summary of project; describe whether
proposal will address water conservation resource issues, water quality
resource issues, or both. Identify the specific natural resource
concerns to be addressed, and describe the approved FOTG conservation
practices and activities that will be used to address those resource
concerns, including practices that will be used to help producers in
the conversion of irrigated farming to dryland farming.
(f) Specify the geographic location: State(s), County(s),
congressional district(s), and whether proposal is a multi-State
proposal or within-State proposal. Include a general location map that
shows if the location of the project area is within an AWEP national
priority area, which are:
Eastern Snake Plains Aquifer.
Everglades.
Ogallala Aquifer.
[[Page 16725]]
Puget Sound.
Sacramento River Basin.
Red River.
Upper Mississippi River Basin.
Additional information, maps, and a list of States and counties
located in AWEP priority areas can be found at: https://
www.nrcs.usda.gov/programs/awep/.
(g) Proposed project start and end dates (not to exceed a period of
5 years).
(h) Total amount of AWEP financial assistance being requested for
entire project.
(2) Project Natural Resource Objectives and Actions:
The proposal must include project objectives that address water
quality or water quantity resource concerns.
(a) Identify and provide detail about the natural resource
concern(s) to be addressed and how the proposals objectives will
address those concerns. Objectives should be specific, measurable,
achievable, results-oriented, and include a timeline for completion.
(b) For each objective, identify the actions to be completed to
achieve the objective and to address the identified natural resource
concern using AWEP assistance or the actions being addressed using
alternate non-Federal resources or fund sources.
(c) Identify the total number of acres that need conservation
treatment along with the kinds of conservation practices and activities
needed to treat priority resource concerns in the project area.
Identify specific priorities within the project area that need to be
addressed first.
(d) The proposed agricultural water enhancement activities that may
be implemented through partner efforts alone and those to be
implemented using AWEP financial support.
(3) Partnership Capacity:
Potential partners must fully describe their project and
demonstrate their history of working with agricultural producers to
address water quality and quantity issues. Information provided in the
proposal must:
(a) Demonstrate the commitment and experience of the partner to
accomplish the long-term conservation of surface and ground water or
water quality improvement and related historical activities that show
this experience.
(b) Demonstrate the ability and history of the partner to
coordinate water quality and quantity efforts among agricultural
producers.
(c) Demonstrate the availability of non-Federal matching funds or
other resources being contributed. A primary intent of AWEP is to
leverage other non-Federal resources along with NRCS program resources
to achieve program objectives. The partner is not required to provide
financial or technical resources towards the project (match); however,
proposals that include or offer partner provided resources will be
given higher priority through the evaluation process. The partner needs
to clearly state, by project objective, how they intend to leverage
Federal funds along with partner resources to address water quantity or
water quality resource issues. Note: The funding and time contribution
by agricultural producers to implement agreed-to conservation practices
in program contracts may not be considered any part of a match from the
potential partner for purposes of AWEP. One purpose of AWEP is to
leverage new resources from partners above and beyond those
contributions made by individual producers.
(d) Demonstrate the ability to monitor and evaluate project effects
on natural resources. Priority will be given to projects where the
partner can provide resources, services, or conduct activities to
monitor and evaluate effects of conservation practices and activities
implemented through the project.
(e) Provide evidence the partner has the capacity to deliver a
final project performance report. If a proposal is approved, the
partnership agreement will provide additional details and requirements
for reporting performance of the project effort.
(f) Identify potential criteria to be used by NRCS to prioritize
and rank agricultural producers' AWEP applications in the project area.
Potential partners should collaborate with NRCS in the State where the
project is proposed to develop meaningful criteria that NRCS can use to
evaluate and rank producer program applications. For approved projects,
this joint effort will help NRCS select producer applications which
will best accomplish the projects intended conservation goals and
address priority resource issues identified by the partner in the
proposal. Additional information regarding the process NRCS uses to
evaluate and rank individual producer applications is found in EQIP
regulation 7 CFR 1466.20. Proposals which include specific ranking
criteria developed in collaboration with NRCS may receive higher
consideration in the evaluation process. Additional guidance and
assistance to develop appropriate criteria may be obtained from the
State office where the project will be located.
(g) A description of how the partners and entities will collaborate
to achieve the project objectives and the roles, responsibilities, and
capabilities of each partner. Proposals that include resources from
other than the submitter must include a letter or other documentation
from the other partner confirming this commitment of resources.
Proposals that demonstrate efforts to collaborate with other partners
and producers are likely to provide increased environmental benefits,
meet the objectives of AWEP, and may receive higher ranking
consideration in the evaluation process.
(h) A description of the proposed agricultural water enhancement
activities and approved NRCS conservation practices and activities to
be applied within the designated 5-year timeframe allowed for AWEP
projects and the general sequence of implementation of the project.
Enhancement activities include efforts undertaken by the partner and
those that the partner requests NRCS to address through financial
support to implement eligible approved conservation practices and
activities. In this section, list all the NRCS conservation practices
the partner wishes NRCS to offer to producers through the AWEP project.
Information about NRCS practices can be found in the FOTG at: https://www.nrcs.usda.gov/technical/efotg/ and descriptions of practices at:
https://www.nrcs.usda.gov/technical/standards/. For each conservation
practice, estimate the extent (feet, acres, number, etc.) the partner
expects producers to implement each fiscal year during the life of the
project and the amount of financial assistance requested to support
implementation of each practice through producer contracts. Provide
detail if the project will address regulatory compliance and any other
outcomes the partner expects to complete during the project period.
(i) A description of the resources (financial or technical
assistance) requested annually from AWEP for producer contracts and the
non-Federal resources provided by the partner that will be leveraged by
the Federal contribution. From the estimated amount of financial
assistance needed to implement the conservation practices identified in
the previous section, include the total amount of financial assistance
funds requested for each fiscal year of the project to be made
available for producer contracts. If resources other than funding are
being offered by the partner, describe the kind of resources and
services that will be made available to producers to help implement
conservation practices and activities. Note: The funding and time
contribution by agricultural producers to implement agreed-to
conservation practices in the program contracts may
[[Page 16726]]
not be considered as part of a match from the potential partner. All
funding requests and information regarding partner resources may be
included in the form of a budget narrative. If financial assistance is
approved and available, these funds must be obligated in individual
producer contracts that may be from 2 to 10 years in length.
(4) Lands to be Treated:
The proposal should describe the geographic area to be covered by
the partnership agreement. Specifically, the proposal should include:
(a) A map showing the proposed project area. Describe the location
and size of the proposed project area. Are the size and scope of the
project area and proposed practices to address resource concerns
reasonable and achievable? What kinds of agricultural operations are in
the project area? Is the project located in a water conservation
priority area or include any Indian land?
(b) A description of the agricultural water quality or water
conservation issues to be addressed by the partnership agreement.
Provide information about the extent and kinds of water quality issues
to be addressed such as pollutants, designated priority areas,
groundwater overdraft, surface water deficiencies, etc.
(c) A description of the agricultural water enhancement objectives
to be achieved through the partnership and the NRCS practices expected
to be implemented. What are the primary objectives to be accomplished
in the project by the partner and expected environmental improvements
from producer implementation of AWEP funded conservation practices and
activities? How will progress toward achieving environmental benefits
be measured? What kinds of water conservation plans, assessments, or
modeling will be done to help achieve project objectives or encourage
practice implementation? Will the project include specific efforts to
encourage producers to convert irrigated land to less water-intensive
operations or dryland farming? What percentage of the project area is
expected to be converted to dryland farming? Will the proposal restore
or enhance water quantity or quality in the project area or reduce the
impacts of drought? What kinds of irrigation system improvements will
be implemented? Will the planned activities significantly solve or
improve the resource issues being addressed? Describe any activities
that are innovative or include outcome-based performance measures
implemented by the partner.
(d) Include the total acres that need conservation treatment and
the priority conservation practices and activities that are needed to
treat significant resource concerns in the project area. Identify
specific priorities within the project area that need to be addressed
first.
(5) Producer Information:
The partner must identify in the proposal:
An estimate of the number of eligible agricultural producers the
partner expects to participate in the project compared with the
estimated total number of producers in the project area (estimate the
percentage of participation). Producer participation is a requirement
for delivery of AWEP program benefits. How will the partner encourage
participation to guarantee success of the project? Does the project
include socially disadvantaged farmers or ranchers, beginning farmers
or ranchers, limited resource farmers or ranchers, or Indian tribes?
Are there groups of producers who may submit joint program applications
to address resource issues of common interest and need?
(6) Proposal Implementation Plan and Schedule:
Potential partners must submit project action plans and schedules,
not to exceed 5 years, detailing activities, including timeframes
related to project milestones and monitoring and evaluation activities
that will likely be documented in the partnership agreement. A project
action plan should describe how often the potential partner plans to
monitor and evaluate the project and how it plans to quantify the
results or performance of the project for the final project performance
report. Indicate the practices the partner expects to implement during
the project timeframe and general sequence of implementation.
(7) Letter of Review:
Potential partners must include a copy of the letter showing that
the written proposal was sent to the appropriate State
Conservationist(s). If a project is multi-State in scope, all State
Conservationists in the proposed project area must be sent the proposal
for review. The State Conservationist(s) will review the proposal to
address:
(a) Potential duplication of efforts with other projects or
existing programs.
(b) Adherence to, and consistency with, overall EQIP regulation
including requirements related to land and producer eligibility and use
of approved NRCS resource concerns and conservation practices and other
program requirements.
(c) Expected benefits for project implementation in their State(s).
(d) Other issues or concerns the State Conservationist is aware of
that should be considered by the Chief.
(e) A general recommendation for support or denial of project
approval.
State Conservationist(s) must submit letters of review to Gregory
K. Johnson, Director, Financial Assistance Programs Division no later
than 10 calendar days after the deadline for proposal submission. A
list of NRCS State Conservationists, addresses, and phone numbers is
included as an attachment at the end of this notice. Prior to
submission of the proposal, potential partners are strongly encouraged
to consult with the appropriate State Conservationist(s) during
proposal development to obtain guidance as to appropriate resource
concerns to address needed water quality or water conservation
enhancements, needed conservation practices and activities, and other
details of the project proposal. All AWEP proposals become the property
of NRCS for use in the administration of the program, may be filed or
disposed of by the agency, and will not be returned to the potential
partner. Once proposals have been submitted to the agency for review
and ranking, there will be no further opportunity to change or re-
submit the proposal document.
Acknowledgement of Submission and Notifications
Partners whose proposals have been selected will receive a letter
of official notification. Upon notification of selection, the partner
should contact the State Conservationist listed in the letter to
develop the required partnership agreement and other project
implementation requirements. Potential partners should note that
depending upon available funding, NRCS may offer a reduced amount of
program financial assistance from what was requested in the proposal.
Partner submissions of proposals that were not selected will be
notified by official letter.
Withdrawal of Proposals
Partner proposals may be withdrawn by written notice to the
Director, Financial Assistance Programs Division at any time prior to
selection.
Ranking Considerations
The Chief or designee will evaluate the proposals using a
competitive process. Higher priority may be given to proposals that:
(a) Include high percentages of agricultural land and producers in
a region or other appropriate area;
[[Page 16727]]
(b) Result in high levels of applied agricultural water quality and
water conservation activities;
(c) Significantly enhance agricultural activity;
(d) Allow for monitoring and evaluation by the partner;
(e) Assist agricultural producers in meeting a regulatory
requirement that reduces the economic scope of the producer's
operation; and
(f) Achieve the project's land and water treatment objectives
within 5 years or less.
For proposals from States with water quantity concerns, the Chief
will give higher priority to projects from States where the proposal
will:
(a) Include conservation practices that support the conversion of
agricultural land from irrigated farming to dryland farming;
(b) Leverage Federal funds provided under the program with funds
provided by partners; and
(c) Assist producers in States with high priority water quantity
concerns, as determined by the Chief. The high priority areas are
located in the following regions: Eastern Snake Plain Aquifer,
Everglades, Ogallala Aquifer, Puget Sound, Sacramento River Basin, Red
River, and Upper Mississippi River Basin.
The Chief may include other factors and criteria which help
identify those proposals which best achieve the purposes of AWEP.
Partnership Agreements
Upon selection and approval by the Chief, the agency will enter
into a partnership agreement with the partner.
The partnership agreement will not obligate funds, but will
address:
(a) Agricultural water enhancement activities anticipated to be
addressed and conservation practices to be implemented;
(b) The role of NRCS;
(c) The responsibilities of the partner related to the monitoring
and evaluation of project performance;
(d) The frequency and duration of the monitoring and evaluation of
project performance;
(e) The content and format of the final project performance report
that is required as a condition of the agreement;
(f) The specified project schedule and timeframe; and
(g) Other requirements deemed necessary by NRCS to achieve the
purposes of AWEP.
Once the Chief or designee has entered into a partnership
agreement, NRCS may enter into contracts directly with eligible
agricultural producers participating in the project and located in the
approved geographic area. Participating producers must meet all EQIP
eligibility requirements (7 CFR 1466.8).
Waiver Authority
To assist in the implementation of agricultural water enhancement
activities under the program, the Chief may waive the applicability of
the Adjusted Gross Income Limitation, on a case-by-case basis, in
accordance with policy and processes promulgated in 7 CFR part 1400.
Such waiver requests must be submitted in writing from the program
applicant, addressed to the Chief, and submitted through the local NRCS
designated conservationist.
Signed March 29, 2010, in Washington, DC.
Dave White,
Vice President, Commodity Credit Corporation and Chief, Natural
Resources Conservation Service.
Attachment
State Conservationists
AL--William E. Puckett, 3381 Skyway Drive, P.O. Box 311, Auburn,
Alabama 36830, Phone: 334/887-4500, Fax: 334/887-4552, (V) 9027-4557,
(E) william.puckett@al.usda.gov.
AK--Robert Jones, 800 West Evergreen, Atrium Building, Suite 100,
Palmer, Alaska 99645-6539, Phone: 907/761-7760, Fax: 907/761-7790, (V)
9035-2227, (E) robert.jones@ak.nrcs.usda.gov.
AZ--David L. McKay, 230 North First Avenue, Suite 509, Phoenix, Arizona
85003-1706, Phone: 602/280-8801, Fax: 602/280-8809 or 8805, (V) 9011-
8810, (E) david.mckay@az.nrcs.usda.gov.
AR--Michael E. Sullivan, Federal Building, Room 3416, 700 West Capitol
Avenue, Little Rock, Arkansas 72201-3228, Phone: 501/301-3100, Fax:
501/301-3194, (V) 9044-3110, (E) michael.sullivan@ar.usda.gov.
CA--Lincoln E. (Ed) Burton, 430 G Street, Suite 4164, Davis, California
95616-4164, Phone: 530/792-5600, Fax: 530/792-5790, (V) 9040-5601, (E)
ed.burton@ca.usda.gov.
CO--Allen Green, 655 Parfet Street, Room E200C, Lakewood, Colorado
80215-5521, Phone: 720-544-2810, Fax: 720-544-2965, (V) 9059-2802, (E)
allen.green@co.usda.gov.
CT--Douglas Zehner, 344 Merrow Road, Suite A, Tolland, Connecticut
06084, Phone: 860/871-4011, Fax: 860/871-4054, (V) 9013-114, (E)
douglas.zehner@ct.usda.gov.
DE--Russell Morgan, 1221 College Park Drive, Suite 100, Dover, Delaware
19904-8713, Phone: 302/678-4160, Fax: 302/678-0843, (V) 9060-199, (E)
russell.morgan@de.usda.gov.
FL--Carlos Suarez, 2614 N.W. 43rd Street, Gainesville, Florida 32606-
6611 or P.O. Box 141510, Gainesville, FL 32614, Phone: 352/338-9500,
Fax: 352/338-9574, (V) 9012-3501, (E) carlos.suarez@fl.usda.gov.
GA--James Tillman, Federal Building, Stop 200, 355 East Hancock Avenue,
Athens, Georgia 30601-2769, Phone: 706/546-2272, Fax: 706/546-2120, (V)
9021-2082, (E) james.tillman@ga.usda.gov.
GU--Lawrence T. Yamamoto, Director, Pacific Basin Area, FHB Building,
Suite 301, 400 Route 8, Mongmong, Guam 96910, Phone: 671/472-7490, Fax:
671/472-7288, (V) 9000-822-1265, (E) larry.yamamoto@pb.usda.gov.
HI--Lawrence T. Yamamoto, 300 Ala Moana Blvd., Room 4-118, P.O. Box
50004, Honolulu, Hawaii 96850-0002, Phone: 808/541-2600 x107, Fax: 808/
541-1335, (V) 9042-108, (E) larry.yamamoto@hi.nrcs.usda.gov.
ID--Jeffrey B. Burwell, 9173 West Barnes Drive, Suite C, Boise, Idaho
83709, Phone: 208/378-5700, Fax: 208/378-5735, (V) 9000-291-4551, (E)
jeffrey.burwell@id.usda.gov.
IL--William J. Gradle, 2118 W. Park Court, Champaign, Illinois 61821,
Phone: 217/353-6601, Fax: 217/353-6676, (V) 9057-6601, (E)
bill.gradle@il.usda.gov.
IN--Jane E. Hardisty, 6013 Lakeside Blvd., Indianapolis, Indiana 46278-
2933, Phone: 317/290-3200, Fax: 317/290-3225, (V) 9029-301, (E)
jane.hardisty@in.usda.gov.
IA--Richard Sims, 693 Federal Building, 210 Walnut Street, Suite 693,
Des Moines, Iowa 50309-2180, Phone: 515/284-6655, Fax: 515/284-4394,
(V) 9000-945-1065, (E) richard.sims@ia.usda.gov.
KS--Kasey Taylor, Acting, Eric B. Banks, 760 South Broadway, Salina,
Kansas 67401-4642, Phone: 785/823-4565, Fax: 785/452-3369, (V) 9000-
345-8770, (E) eric.banks@ks.usda.gov.
KY--Tom Perrin, 771 Corporate Drive, Suite 110, Lexington, Kentucky
40503-5479, Phone: 859/224-7350, Fax: 859/224-7399, (V) 9032-7390, (E)
tom.perrin@ky.usda.gov.
LA--Kevin D. Norton, 3737 Government Street, Alexandria, Louisiana
71302, Phone: 318/473-7751, Fax: 318/473-7626, (V) 9000-965-1635, (E)
kevin.norton@la.usda.gov.
ME--Juan Hernandez, 967 Illinois Avenue, Suite 3, Bangor,
Maine 04401, Phone: 207/990-9100, ext. 3, Fax: 207/990-9599,
(V) 9000-757-
[[Page 16728]]
1028, (E) juan.hermandez@me.usda.gov.
MD--Jon F. Hall, John Hanson Business Center, 339 Busch's Frontage
Road, Suite 301, Annapolis, Maryland 21401-5534, Phone: 410/757-0861
x315, Fax: 410/757-0687, (V) 9053-315, (E) jon.hall@md.usda.gov.
MA--Christine Clarke, 451 West Street, Amherst, Massachusetts 01002-
2995, Phone: 413/253-4351, Fax: 413/253-4375, (V) 9047-4352, (E)
Christine.clarke@ma.usda.gov.
MI--Garry D. Lee, 3001 Coolidge Road, Suite 250, East Lansing, Michigan
48823-6350, Phone: 517/324-5270, Fax: 517/324-5171, (V) 9048-5277, (E)
garry.lee@mi.usda.gov.
MN--Jennifer Heglund, Acting, 375 Jackson Street, Suite 600, St. Paul,
Minnesota 55101-1854, Phone: 651/602-7900, Fax: 651/602-7913 or 7914,
(V) 9041-7854, (E) Jennifer.heglund@mn.usda.gov.
MS--Homer Wilkes, Suite 1321, Federal Building, 100 West Capitol
Street, Jackson, Mississippi 39269-1399, Phone: 601/965-5205, Fax: 601/
965-4940, (V) 9000-965-2065, (E) homer.wilkes@ms.nrcs.usda.gov.
MO--J.R. Flores, Parkade Center, Suite 250, 601 Business Loop 70 West,
Columbia, Missouri 65203-2546, Phone: 573/876-0901, Fax: 573/876-9439,
(V) 9034-1367, (E) jr.flores@mo.usda.gov.
MT--Joyce Swartzendruber, Federal Building, Room 443, 10 East Babcock
Street, Bozeman, Montana 59715-4704, Phone: 406/587-6813, Fax: 406/587-
6761, (V) 9056-6813, (E) joyce.swartzendruber@mt.usda.gov.
NE--Stephen K. Chick, Federal Building, Room 152, 100 Centennial Mall,
North, Lincoln, Nebraska 68508-3866, Phone: 402/437-5300, Fax: 402/437-
5327, (V) 9026-4103, (E) steve.chick@ne.usda.gov.
NV--Bruce Petersen, 5301 Longley Lane, Building F, Suite 201, Reno,
Nevada 89511-1805, Phone: 775/857-8500, Fax: 775/857-8524, (V) 9000-
784-1390, (E) bruce.petersen@nv.usda.gov.
NH--George Cleek, Federal Building, 2 Madbury Road, Durham, New
Hampshire 03824-2043, Phone: 603/868-7581 ext. 125, Fax: 603/868-5301,
(V) 9000-868-8035, (E) george.cleek@nh.usda.gov.
NJ--Thomas Drewes, 220 Davidson Avenue, Somerset, New Jersey 08873,
Phone: 732/537-6040, Fax: 732/537-6095, (V) 9000-767-1000, (E)
tom.drewes@nj.usda.gov.
NM--Dennis L. Alexander, 6200 Jefferson Street, N.E., Suite 305,
Albuquerque, New Mexico 87109-3734, Phone: 505/761-4402 (Rita), Fax:
505/761-4481, (V) 9016-4401, (E) dennis.alexander@nm.usda.gov.
NY--Astor Boozer, 441 South Salina Street, Suite 354, Syracuse, New
York 13202-2450, Phone: 315/477-6504, Fax: 315/477-6550, (V) 9015-6501,
(E) astor.boozer@ny.usda.gov.
NC--J. B. Martin, Acting, 4405 Bland Road, Suite 205, Raleigh, North
Carolina 27609-6293, Phone: 919/873-2102, Fax: 919/873-2156, (V) 9025-
2101, (E) JB.martin@nc.usda.gov.
ND--Paul Sweeney, 220 E. Rosser Avenue, Room 278, P.O. Box 1458,
Bismarck, North Dakota 58502-1458, Phone: 701/530-2000, Fax: 701/530-
2110, (V) 9051-2003, (E) paul.sweeney@nd.usda.gov.
OH--Terry J. Cosby, 200 North High Street, Room 522, Columbus, Ohio
43215-2478, Phone: 614/255-2472, Fax: 614/255-2548, (V) 9000-881-1870,
(E) terry.cosby@oh.usda.gov.
OK--Ronald L. Hilliard, 100 USDA, Suite 206, Stillwater, Oklahoma
74074-2655, Phone: 405/742-1204, Fax: 405/742-1126, (V) 9037-1280, (E)
ron.hillard@ok.usda.gov.
OR--Ron Alvarado, 101 SW Main Street, Suite 1300, Portland, Oregon
97204-3221, Phone: 503/414-3200, Fax: 503/414-3103, (V) 9019-3201, (E)
ron.alvarado@or.usda.gov.
PA--Dave Brown, Acting, 1 Credit Union Place, Suite 340, Harrisburg,
Pennsylvania 17110-2993, Phone: 717/237-2203, Fax: 717/237-2238, (V)
9039-2203, (E) dave.brown@pa.usda.gov.
PR--Angel Figueroa, Acting, Director, Caribbean Area, IBM Building,
Suite 604, 654 Munoz Rivera Avenue, Hato Rey, Puerto Rico 00918-4123,
Phone: 787/766-5206, ext. 237, Fax: 787/766-5987, (V) 9000-769-1030,