Department of Agriculture January 16, 2009 – Federal Register Recent Federal Regulation Documents
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White River National Forest, Eagle/Holy Cross Ranger District, Eagle County, CO; Edwards Inholding Easement Proposal
The USDA Forest Service will prepare an Environmental Impact Statement (EIS) to disclose the anticipated environmental effects of a proposal to approve a permanent easement across National Forest System (NFS) lands for access to a 680-acre private inholding. The private land is entirely surrounded by NFS lands managed by the White River National Forest (WRNF). The proposed easement would provide year-round motorized access to the private inholding, enabling the owner ``reasonable use and enjoyment'' of the parcel as required by the Alaska National Interest Lands Conservation Act (ANILCA) of 1980.
National Urban and Community Forestry Advisory Council
The National Urban and Community Forestry Advisory Council will meet in Washington DC, February 10-12, 2009. The purpose of the meeting is to discuss emerging issues in urban and community forestry and hear public input related to urban and community forestry.
Importation, Interstate Movement, and Release Into the Environment of Certain Genetically Engineered Organisms
We are reopening the comment period for our proposed rule that would revise our regulations regarding the importation, interstate movement, and environmental release of certain genetically engineered organisms. This action will allow interested persons additional time to prepare and submit comments.
Opal Creek Scenic Recreation Area (SRA) Advisory Council
Opal Creek Scenic Recreation Area Advisory Council meetings will convene in Stayton, Oregon on Wednesday, February 11, 2009. These meetings are scheduled to begin at 6:30 p.m., and will conclude at approximately 8:30 p.m. Meetings will be held in the South Room of the Stayton Community Center located on 400 West Virginia Street in Stayton, Oregon. The Opal Creek Wilderness and Opal Creek Scenic Recreation Area Act of 1996 (Opal Creek Act) (Pub. L. 104-208) directed the Secretary of Agriculture to establish the Opal Creek Scenic Recreation Area Advisory Council. The Advisory Council is comprised of thirteen members representing state, county and city governments, and representatives of various organizations, which include mining industry, environmental organizations, inholders in Opal Creek Scenic Recreation Area, economic development, Indian tribes, adjacent landowners and recreation interests. The council provides advice to the Secretary of Agriculture on preparation of a comprehensive Opal Creek Management Plan for the SRA, and consults on a periodic and regular basis on the management of the area. Tentative agenda items include: Forest Service updates and future projects. A direct public comment period is tentatively scheduled to begin at 8 p.m. Time allotted for individual presentations will be limited to 3 minutes. Written comments are encouraged, particularly if the material cannot be presented within the time limits of the comment period. Written comments may be submitted prior to scheduled meetings by sending them to Designated Federal Official Paul Matter at the address given below.
Farm and Ranch Lands Protection Program
The Food, Conservation, and Energy Act of 2008 (the 2008 Act) amended the Farmland Protection Program (FPP), established by the Federal Agriculture Improvement and Reform Act of 1996, and reauthorized by the Farm Security and Rural Investment Act of 2002. In the implementing rulemaking, the program was named the Farm and Ranch Lands Protection Program (FRPP) to describe best the types of land the program seeks to protect. Under the FRPP, the Secretary of Agriculture, acting through the Natural Resources Conservation Service (NRCS), an agency of the U.S. Department of Agriculture (USDA), is authorized, on behalf of the Commodity Credit Corporation (CCC) and under its authorities, to facilitate and provide funding for the purchase of conservation easements or other interests in land for the purpose of protecting the agricultural use and related conservation values by limiting nonagricultural uses of the land. This rulemaking implements changes to FRPP made by the 2008 Act and makes administrative improvement to the program.
Technical Service Provider Assistance
The Natural Resources Conservation Service (NRCS), an agency of the U.S. Department of Agriculture (USDA) is issuing an interim final rule for technical service provider (TSP) assistance as authorized under the Food Security Act of 1985, as amended by the Food, Conservation, and Energy Act of 2008. This interim final rule amends the Technical Service Provider (TSP) regulations to address changes made by the Food, Conservation, and Energy Act of 2008. The Secretary of Agriculture has delegated to NRCS the responsibility for administering the authority for technical service provider assistance.
Wildlife Habitat Incentive Program
Section 2602 of the Food, Conservation, and Energy Act of 2008 (2008 Act) amended the Wildlife Habitat Incentive Program (WHIP) by: Narrowing the program's applicability to private agricultural lands, nonindustrial private forestland, and Indian land; identifying habitat on pivot corners and irregular areas as ``other types of wildlife habitat'' eligible for cost-share; increasing, from 15 to 25, the percentage of funds that may be used for agreements that have a term of at least 15 years; providing the Secretary of the United States Department of Agriculture (USDA) authority to give priority to projects that would address issues raised by State, regional, and national conservation initiatives; and instituting an annual $50,000 in direct or indirect aggregate payment limitations per person or legal entity. The Natural Resources Conservation Service (NRCS), an agency of USDA, issues this interim final rule with request for comment to incorporate statutory changes resulting from the 2008 Act authorization. The Agency is also using this rule to simplify the regulation and make administrative changes to improve program efficiency. Cost-share agreements entered into on or following January 16, 2009 will be administered according to this interim final rule.
Rural Development Guaranteed Loans
Rural Development is delaying the effective date of the interim rule for Rural Development Guaranteed Loans, which was published on December 17, 2008. The interim rule establishes a unified guaranteed loan platform for the enhanced delivery of four existing Rural Development guaranteed loan programsCommunity Facility; Water and Waste Disposal; Business and Industry; and Renewable Energy Systems and Energy Efficiency Improvement Projects.
Revision of the Hawaiian and Territorial Fruits and Vegetables Regulations
We are revising and reorganizing the regulations pertaining to the interstate movement of fruits and vegetables from Hawaii and the territories to consolidate requirements of general applicability and eliminate redundant requirements, update terms and remove outdated requirements and references, and make various editorial and nonsubstantive changes to the regulations to make them easier to use. We are also making substantive changes to the regulations including establishing criteria within the regulations that, if met, will allow us to approve certain new fruits and vegetables for interstate movement in the United States and to acknowledge pest-free areas in Hawaii and U.S. territories expeditiously, and removing the listing in the regulations of some specific commodities as regulated articles. These changes are intended to simplify and expedite our processes for approving certain regulated articles for interstate movement and acknowledging pest-free areas while continuing to allow for public participation in the processes. This final rule does not allow for the interstate movement of any specific new fruits or vegetables, nor does it alter the conditions for interstate movement of currently approved fruits or vegetables. These changes will make our domestic interstate movement regulations more consistent with our fruits and vegetables import regulations. The changes in this final rule will not alter the manner in which the risk associated with a regulated article interstate movement request is evaluated, nor will they alter the manner in which those risks are ultimately mitigated.
Fruit, Vegetable, and Specialty Crops-Import Regulations; Proposed Revision to Reporting Requirements
This rule revises the reporting requirements for imports of commodities regulated under section 608(e) (hereinafter referred to as ``8e'') of the Agricultural Marketing Agreement Act of 1937. These changes require that the inspection certificates generated for each lot of such commodities include the entry number from the U.S. Customs and Border Protection (CBP or Customs) documentation that accompanies that lot. The changes also require that importers of raisins, dates, and dried prunes report products exempt from 8e import regulations on AMS Form FV-6``Importers' Exempt Commodity Form,'' which is the same form that is currently used by importers of all other commodities exempt from 8e import regulations. These changes are intended to streamline the tracking of imported products and provide uniformity in electronic reporting systems used by the industries and the Department of Agriculture (USDA).
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