Determination of the Primary Purpose of the New York Suffolk County Septic Improvement Program (SIP), 68669-68670 [2022-24937]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 87, No. 220 / Wednesday, November 16, 2022 / Notices details can be found at the following website: https://www.fs.usda.gov/detail/ stnf/workingtogether/ advisorycommittees/?cid=fseprd931588. DATES: The meeting will be held on November 28, 2022, 4:30 p.m. to 7 p.m., Pacific Standard Time. All RAC meetings are subject to cancellation. For status of the meeting prior to attendance, please contact the person listed under FOR FURTHER INFORMATION CONTACT. ADDRESSES: The meeting is open to the public and will be held virtually via telephone and/or video conference. Virtual meeting participation details can be found on the website listed under SUMMARY or by contacting the person listed under FOR FURTHER INFORMATION CONTACT. Written comments maybe submitted as described under SUPPLEMENTARY INFORMATION. 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The agenda will include time for individuals to make oral statements of three minutes or less. Individuals wishing to make an oral statement should make a request in writing at least three days prior to the meeting date to be scheduled on the agenda. Anyone who would like to bring related matters to the attention of the committee may file written statements with the committee staff before or after the meeting. Written comments and requests for time for oral comments must be sent to Monique Rea, 360 Main Street, Weaverville, CA 96093 or by email to Monique.Rea@usda.gov. VerDate Sep<11>2014 17:27 Nov 15, 2022 Jkt 259001 Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at 202–720–2600 (voice and TTY) or contact USDA through the Federal Relay Service at 800–877–8339. Additionally, program information may be made available in languages other than English. USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Equal opportunity practices in accordance with USDA’s policies will be followed in all appointments to the Committee. To ensure that the recommendations of the Committee have taken in account the needs of the diverse groups served by USDA, membership shall include to the extent possible, individuals with demonstrated ability to represent minorities, women, and persons with disabilities. USDA is an equal opportunity provider, employer, and lender. Dated: November 10, 2022. Cikena Reid, USDA Committee Management Officer. [FR Doc. 2022–24974 Filed 11–15–22; 8:45 am] BILLING CODE 3411–15–P DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service [Docket No. NRCS–2022–0014] Determination of the Primary Purpose of the New York Suffolk County Septic Improvement Program (SIP) Natural Resources Conservation Service, USDA. ACTION: Notice. AGENCY: USDA is providing public notice that the Secretary of Agriculture has determined that cost share payments made by the New York Suffolk County SIP are primarily for the purpose of conserving soil and water resources or protecting and restoring the environment. The Natural Resources SUMMARY: PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 68669 Conservation Service (NRCS) was assigned technical and administrative responsibility for reviewing the New York Suffolk County SIP and for making appropriate recommendations for the Secretary’s determination of primary purpose. The Secretary’s determination permits recipients of cost share payments to exclude such payments from gross income to the extent allowed by the Internal Revenue Service. FOR FURTHER INFORMATION CONTACT: Ronnie Maurer; telephone (202) 720– 9733; or email: Ronnie.Maurer@ usda.gov. Persons with disabilities who require alternative means for communication should contact the USDA Target Center at (202) 720–2600 (voice and text telephone (TTY)) or dial 711 for Telecommunications Relay Service (both voice and text telephone users can initiate this call from any telephone). SUPPLEMENTARY INFORMATION: Background Under Section 126(a)(8) of the Internal Revenue Code of 1954, as amended (26 U.S.C. 126) gross income does not include the ‘‘excludable portion’’ of payments received under any program of a State, or a political subdivision of a State, under which payments are made to individuals primarily for the purpose of protecting or restoring the environment. In general, a cost share payment for selected conservation practices is exempt from Federal taxation if it meets three tests: (1) It was for a capital expense; (2) It does not substantially increase the operator’s annual income from the property for which it is made; and (3) The Secretary of Agriculture certified that the payment was made primarily for conserving soil and water resources, protecting, or restoring the environment, improving forests, or providing habitat for wildlife. The Secretary of Agriculture evaluates a conservation program on the basis of criteria specified in 7 CFR part 14 and makes a ‘‘primary purpose’’ determination for the payments made under the conservation program. The objective of the determination made under part 14 is to provide maximum conservation, environmental, forestry improvement, and wildlife benefits to the general public from the operation of applicable programs. Final determinations are made on the basis of program, category of practices, or individual practices. NRCS was assigned technical and administrative responsibility for reviewing the New York Suffolk County SIP and for making appropriate E:\FR\FM\16NON1.SGM 16NON1 68670 Federal Register / Vol. 87, No. 220 / Wednesday, November 16, 2022 / Notices recommendations for the Secretary’s determination of primary purpose. Following a primary purpose determination by the Secretary of Agriculture, the Secretary of the Treasury determines if the payments made under the conservation program substantially increases the annual income derived from the property benefited by the payments. khammond on DSKJM1Z7X2PROD with NOTICES Environmental Review From this Federal action, approving tax deferral will not result in impacts to the environment, therefore, no further National Environmental Policy Act (NEPA) documentation will be prepared. Determination As provided for by Section 126 of the Internal Revenue Code, the Secretary examined the authorizing legislation, regulations, and operating procedures regarding the New York Suffolk County SIP. In accordance with the criteria specified in 7 CFR part 14, the Secretary has determined the primary purpose of cost share payments made under the New York Suffolk County SIP is conserving soil and water resources or protecting and restoring the environment. A current residential property owner residing in any area of Suffolk County may apply for a SIP grant to design, purchase, or install an Innovative and Alternative Onsite Wastewater Treatment System (I/A OWTS). The I/A OWTS must be approved for use by the Suffolk County Department of Health. All residential property owners are eligible because nitrogen loading does not affect just the property on which it occurs, but instead affects the entire regional area. However, since there are properties in areas that are even more susceptible to damage, the Suffolk County Commissioner of Health Services may authorize preferential review of an application for a grant if the grant application is for a residence in an area specified by Health Services as environmentally sensitive. Rules were developed that allow for a priority order on the issuance of grants, based on the environmental sensitivity of the area (for example, groundwater travel time to surface water in the home’s geographic area). Suffolk County executes a grant contract with the property owner, which is recorded, but Suffolk County directly pays the designer, installer, or manufacturer of the I/A OWTS from a list established by the County. The amount of the grant award is based on actual eligible costs, up to $20,000, with the property owner incurring any additional expenses for VerDate Sep<11>2014 17:27 Nov 15, 2022 Jkt 259001 the design, purchase, and installation costs over the grant amount. A ‘‘Record of Decision’’ for the New York Suffolk County SIP to provide grants to homeowners to design, purchase, or install an I/A OWTS has been prepared and is available upon request from the Acting Director, Financial Assistance Programs Division, NRCS, 1400 Independence Avenue SW, Room 4529 South Building, Washington, DC 20250. The Secretary’s determination is in accordance with section 126 of the Internal Revenue Code, and permits recipients of cost share payments to exclude those payments from gross income to the extent allowed by the Internal Revenue Service. USDA Non-Discrimination Policy In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family or parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (for example, braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA TARGET Center at (202) 720–2600 (voice and text telephone (TTY) or dial 711 for Telecommunications Relay Service (both voice and text telephone users can initiate this call from any telephone). Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD– 3027, found online at https:// www.usda.gov/oascr/how-to-file-aprogram-discrimination-complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all the information requested in the form. To request a copy of the complaint form, call (866) 632–9992. Submit your completed form or letter to USDA by mail to: U.S. Department of Agriculture, Office of the Assistant PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 20250–9410 or email: OAC@ usda.gov. USDA is an equal opportunity provider, employer, and lender. Terry Cosby, Chief, Natural Resources Conservation Service. [FR Doc. 2022–24937 Filed 11–15–22; 8:45 am] BILLING CODE 3410–16–P COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Virgin Islands Advisory Committee to the U.S. Commission on Civil Rights U.S. Commission on Civil Rights. ACTION: Notice of meeting. AGENCY: Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act, that the Virgin Islands Advisory Committee (Committee) to the U.S. Commission on Civil Rights will hold a web meeting via Zoom at 12:00 p.m. AST (11:00 a.m. ET) on Thursday, December 1, 2022, for the purpose of reviewing potential project proposals and voting to examine a civil rights topic for the Committee’s first project. DATES: The meeting will take place on Thursday, December 1, 2022, at 12:00 p.m. AST (11:00 a.m. ET). Meeting Link (Audio/Visual): https:// tinyurl.com/25rr3v3c. Telephone (Audio Only): Dial: 1–833– 568–8864; Meeting ID: 161 405 9732. FOR FURTHER INFORMATION CONTACT: Barbara Delaviez, DFO, at ero@usccr.gov or 1–202–529–8246. SUPPLEMENTARY INFORMATION: Committee meetings are available to the public through the meeting link above. Any interested member of the public may listen to the meeting. An open comment period will be provided to allow members of the public to make a statement as time allows. If joining via phone, callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Individuals who are deaf, deafblind, and hard of hearing may also follow the proceedings by first calling the Federal Relay Service at 1–800–877–8339 and providing the Service with the conference details found through registering at the web link above. To request additional accommodations, SUMMARY: E:\FR\FM\16NON1.SGM 16NON1

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[Federal Register Volume 87, Number 220 (Wednesday, November 16, 2022)]
[Notices]
[Pages 68669-68670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24937]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

[Docket No. NRCS-2022-0014]


Determination of the Primary Purpose of the New York Suffolk 
County Septic Improvement Program (SIP)

AGENCY: Natural Resources Conservation Service, USDA.

ACTION: Notice.

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

SUMMARY: USDA is providing public notice that the Secretary of 
Agriculture has determined that cost share payments made by the New 
York Suffolk County SIP are primarily for the purpose of conserving 
soil and water resources or protecting and restoring the environment. 
The Natural Resources Conservation Service (NRCS) was assigned 
technical and administrative responsibility for reviewing the New York 
Suffolk County SIP and for making appropriate recommendations for the 
Secretary's determination of primary purpose. The Secretary's 
determination permits recipients of cost share payments to exclude such 
payments from gross income to the extent allowed by the Internal 
Revenue Service.

FOR FURTHER INFORMATION CONTACT: Ronnie Maurer; telephone (202) 720-
9733; or email: [email protected]. Persons with disabilities who 
require alternative means for communication should contact the USDA 
Target Center at (202) 720-2600 (voice and text telephone (TTY)) or 
dial 711 for Telecommunications Relay Service (both voice and text 
telephone users can initiate this call from any telephone).

SUPPLEMENTARY INFORMATION:

Background

    Under Section 126(a)(8) of the Internal Revenue Code of 1954, as 
amended (26 U.S.C. 126) gross income does not include the ``excludable 
portion'' of payments received under any program of a State, or a 
political subdivision of a State, under which payments are made to 
individuals primarily for the purpose of protecting or restoring the 
environment. In general, a cost share payment for selected conservation 
practices is exempt from Federal taxation if it meets three tests:
    (1) It was for a capital expense;
    (2) It does not substantially increase the operator's annual income 
from the property for which it is made; and
    (3) The Secretary of Agriculture certified that the payment was 
made primarily for conserving soil and water resources, protecting, or 
restoring the environment, improving forests, or providing habitat for 
wildlife.
    The Secretary of Agriculture evaluates a conservation program on 
the basis of criteria specified in 7 CFR part 14 and makes a ``primary 
purpose'' determination for the payments made under the conservation 
program. The objective of the determination made under part 14 is to 
provide maximum conservation, environmental, forestry improvement, and 
wildlife benefits to the general public from the operation of 
applicable programs. Final determinations are made on the basis of 
program, category of practices, or individual practices.
    NRCS was assigned technical and administrative responsibility for 
reviewing the New York Suffolk County SIP and for making appropriate

[[Page 68670]]

recommendations for the Secretary's determination of primary purpose.
    Following a primary purpose determination by the Secretary of 
Agriculture, the Secretary of the Treasury determines if the payments 
made under the conservation program substantially increases the annual 
income derived from the property benefited by the payments.

Environmental Review

    From this Federal action, approving tax deferral will not result in 
impacts to the environment, therefore, no further National 
Environmental Policy Act (NEPA) documentation will be prepared.

Determination

    As provided for by Section 126 of the Internal Revenue Code, the 
Secretary examined the authorizing legislation, regulations, and 
operating procedures regarding the New York Suffolk County SIP. In 
accordance with the criteria specified in 7 CFR part 14, the Secretary 
has determined the primary purpose of cost share payments made under 
the New York Suffolk County SIP is conserving soil and water resources 
or protecting and restoring the environment.
    A current residential property owner residing in any area of 
Suffolk County may apply for a SIP grant to design, purchase, or 
install an Innovative and Alternative Onsite Wastewater Treatment 
System (I/A OWTS). The I/A OWTS must be approved for use by the Suffolk 
County Department of Health. All residential property owners are 
eligible because nitrogen loading does not affect just the property on 
which it occurs, but instead affects the entire regional area. However, 
since there are properties in areas that are even more susceptible to 
damage, the Suffolk County Commissioner of Health Services may 
authorize preferential review of an application for a grant if the 
grant application is for a residence in an area specified by Health 
Services as environmentally sensitive.
    Rules were developed that allow for a priority order on the 
issuance of grants, based on the environmental sensitivity of the area 
(for example, groundwater travel time to surface water in the home's 
geographic area). Suffolk County executes a grant contract with the 
property owner, which is recorded, but Suffolk County directly pays the 
designer, installer, or manufacturer of the I/A OWTS from a list 
established by the County. The amount of the grant award is based on 
actual eligible costs, up to $20,000, with the property owner incurring 
any additional expenses for the design, purchase, and installation 
costs over the grant amount.
    A ``Record of Decision'' for the New York Suffolk County SIP to 
provide grants to homeowners to design, purchase, or install an I/A 
OWTS has been prepared and is available upon request from the Acting 
Director, Financial Assistance Programs Division, NRCS, 1400 
Independence Avenue SW, Room 4529 South Building, Washington, DC 20250.
    The Secretary's determination is in accordance with section 126 of 
the Internal Revenue Code, and permits recipients of cost share 
payments to exclude those payments from gross income to the extent 
allowed by the Internal Revenue Service.

USDA Non-Discrimination Policy

    In accordance with Federal civil rights law and U.S. Department of 
Agriculture (USDA) civil rights regulations and policies, USDA, its 
Agencies, offices, and employees, and institutions participating in or 
administering USDA programs are prohibited from discriminating based on 
race, color, national origin, religion, sex, gender identity (including 
gender expression), sexual orientation, disability, age, marital 
status, family or parental status, income derived from a public 
assistance program, political beliefs, or reprisal or retaliation for 
prior civil rights activity, in any program or activity conducted or 
funded by USDA (not all bases apply to all programs). Remedies and 
complaint filing deadlines vary by program or incident.
    Persons with disabilities who require alternative means of 
communication for program information (for example, braille, large 
print, audiotape, American Sign Language, etc.) should contact the 
responsible Agency or USDA TARGET Center at (202) 720-2600 (voice and 
text telephone (TTY) or dial 711 for Telecommunications Relay Service 
(both voice and text telephone users can initiate this call from any 
telephone). Additionally, program information may be made available in 
languages other than English.
    To file a program discrimination complaint, complete the USDA 
Program Discrimination Complaint Form, AD-3027, found online at https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint and 
at any USDA office or write a letter addressed to USDA and provide in 
the letter all the information requested in the form. To request a copy 
of the complaint form, call (866) 632-9992. Submit your completed form 
or letter to USDA by mail to: U.S. Department of Agriculture, Office of 
the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, 
Washington, DC 20250-9410 or email: [email protected].
    USDA is an equal opportunity provider, employer, and lender.

Terry Cosby,
Chief, Natural Resources Conservation Service.
[FR Doc. 2022-24937 Filed 11-15-22; 8:45 am]
BILLING CODE 3410-16-P

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