Natural Resources Conservation Service – Federal Register Recent Federal Regulation Documents

The Natural Resources Conservation Service published in the Federal Register of January 16, 2009, an interim final rule with request for comment amending the program regulations for the Wildlife Habitat Incentive Program (WHIP) to incorporate programmatic changes authorized by the Food, Conservation, and Energy Act of 2008 (2008 Act). The language in the interim final rule regarding the application of the payment limitation to joint operations was incorrect and is inconsistent with payment attributions specified in the regulation which governs payment limitations and eligibility determinations for CCC-funded programs. This document corrects that language. NRCS is also using the opportunity presented by this rulemaking to extend the comment period by an additional 30 days and ask for public input on key programmatic implementation questions.

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.

On May 17, 2006, NRCS published an interim final rule for the Healthy Forests Reserve Program (HFRP) and received 11 comment letters. NRCS proposes to amend this rule to incorporate changes associated with enactment of the Food, Conservation, and Energy Act of 2008 (the 2008 Act). The 2008 Act authorizes $9,750,000 for each of the fiscal years 2009 through 2012 to carry out the program. As a result of the 2008 Act, NRCS will allow land enrollment through permanent easements, or easements for a maximum duration allowed under state law and continue to allow enrollment through 10-year cost-share agreements; and allow enrollment of land owned by tribes or members of tribes in 30-year contracts or 10-year cost-share agreements, or any combination of both. Forty percent of program expenditures in any fiscal year will be used for restoration cost-share agreement enrollment and 60 percent of program expenditures in any fiscal year will be for easement enrollment. In addition to changes associated with the 2008 Act, NRCS is addressing comments received on the interim final rule and proposing additional changes that improve program implementation based on the experience gained from the HRFP implementation under the interim final rule.

It has been determined by the NRCS State Conservationist for Virginia that changes must be made in the NRCS State Technical Guide specifically in practice standards: 316, Animal Mortality Facility; 317, Composting Facility; 591, Amendments for Treatment of Agricultural Waste; 629, Waste Treatment; and 632, Solid Liquid Waste Separation Facility. These practices will be used to plan and install conservation practices related to animal agriculture.

Section 1261 of the Food Security Act of 1985, as amended (the 1985 Act), requires the Secretary of Agriculture (Secretary) to establish a technical committee in each State to assist the Secretary in the considerations relating to implementation and technical aspects of the conservation programs authorized under the 1985 Act. Section 1262 of the 1985 Act describes the responsibilities of the State Technical Committees to work with the United States Department of Agriculture (USDA) in an advisory capacity. Part 610, Subpart C of title 7 of the Code of Federal Regulations contains the current regulations for State Technical Committees. Section 2711 of the Food, Conservation, and Energy Act of 2008 (2008 Act) amended Sections 1261 and 1262 of the 1985 Act to expand agricultural and forestry involvement on the committees, expand the committees' authority related to reviewing Local Working Groups' efforts to address State program priorities, and require the Secretary to standardize committee operations. Section 246(f)(3) of the Department of Agriculture Reorganization Act of 1994 exempted State Technical Committees from the Federal Advisory Committee Act. The 2008 Act clarifies that the Local Working Groups shall be considered a subcommittee of the applicable State Technical Committee for the purposes of this exemption. This interim final rule adopts these changes.

In accordance with the Paperwork Reduction Act of 1995, this notice announces NRCS' intention to reinstate a previously approved information collection. The collected information will help NRCS match the skills of individuals who are applying for volunteer work that will further the Agency's mission, and provides a timekeeping method for volunteers. Information will be collected from potential volunteers who are 14 years of age or older.

Pursuant to Section 102(2)(c) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Regulations (40 CFR Part 1500); and the Natural Resources Conservation Service Regulations (7 CFR Part 650); the Natural Resources Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the New Creek Site 14 Rehabilitation Project of the New CreekWhites Run Subwatershed of the Potomac River Watershed, Grant County, West Virginia.

Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Guidelines (40 CFR part 1500); and the Natural Resources Conservation Service Guidelines (7 CFR part 650); the Natural Resources Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the Denbury Onshore, LLC 24'' CO2 Delhi PipelineMadison and Richland Parishes, Louisiana and Issaquena, Warren and Yazoo Counties, Mississippi.

Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Guidelines (40 CFR Part 1500); and the Natural Resources Conservation Service Guidelines (7 CFR Part 650), the Natural Resources Conservation Service, U.S. Department of Agriculture has decided to subordinate its rights, acquired under the Wetland Reserve Program (WRP), to allow the Midcontinent Express Pipeline LLC (Midcontinent), to cross NRCS held conservations easements associated with the Midcontinent Project in Madison Parish, LA and Fannin County, Texas. On October 9, 2007, Midcontinent Express Pipeline LLC (Midcontinent) filed an application under section 7(c) of the Natural Gas Act (NGA) for authorization to construct and operate a pipeline and facilities to be known as the Midcontinent Express Pipeline. The Federal Energy Regulatory Commission (FERC) has prepared a final environmental impact statement (EIS) to fulfill requirements of the National Environmental Policy Act (NEPA). The purpose of this document was to make public the analysis of the environmental impacts that would likely result from the construction and operation of the proposed Project. The NRCS participated as a cooperating agency in the preparation of the EIS. The project will affect approximately 5 NRCS held Wetlands Reserve Program (WRP) easements by creating a 50 ft. permanent right of way (within a 100 ft. construction right of way) that extends for approximately 506 miles of which 1.41 miles is over lands encumbered under WRP easements located in Madison Parish, Louisiana and Fannin, Texas.

Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Regulations (40 CFR part 1500); and the Natural Resources Conservation Service (NRCS) Regulations (7 CFR part 650); the Natural Resources Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the White Tanks No. 4 Flood Retarding Structure (FRS) Rehabilitation Plan, Maricopa County, Arizona.

Pursuant to Section 102(2)(c) of the National Environmental Policy Act of 1969; the Council on Environmental Quality regulations (40 CFR part 1500); and the regulations of the Natural Resources Conservation Service (7 CFR part 650); the Natural Resources Conservation Service, U.S. Department of Agriculture, gives notice of a Finding of No Significant Impact based on the Environmental Assessment and its Supplemental for the North Forest Acres Road/Levee Project.

Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Guidelines (40 CFR part 1500); and the Natural Resources Conservation Service Guidelines (7 CFR part 650); the Natural Resources Conservation Service, U.S. Department of Agriculture, has decided to subordinate its rights, acquired under the Wetland Reserve Program (WRP), to allow the Gulf Crossing Pipeline Company, LLC to cross NRCS held conservations easements associated with the Gulf Crossing Project in Madison Parish, LA and Fannin, Texas. On June 19, 2007, Gulf Crossing Pipeline Company LLC (Gulf Crossing) and Gulf South Pipeline Company LP (Gulf South) jointly filed an application under section 7C of the Natural Gas Act (NGA) for authorization to construct and operate facilities to be known as the Gulf Crossing Project which constitutes four compressor stations and an interstate natural gas pipeline. The Federal Energy Regulatory Commission (FERC) has prepared a final environmental impact statement (EIS) to fulfill requirements of the National Environmental Policy Act (NEPA). The purpose of this document was to make public the analysis of the environmental impacts that would likely result from the construction and operation of the proposed project. The NRCS participated as a cooperating agency in the preparation of the EIS. The project will affect approximately three (3) NRCS held Wetlands Reserve Program (WRP) easements by creating a 50 ft. permanent right of way (within a 100 ft. construction right of way) that extends for approximately 356.3 miles of which 4.6 miles is over lands encumbered under WRP easements located in Madison, Louisiana and Fannin, Texas.

It is the intention of the NRCS in Idaho to issue a revised conservation practice standards in its National Handbook of Conservation Practices. The revised standard is: Filter Strip (393).

Notice is hereby given of the intention of NRCS to issue a series of revised conservation practice standards in its National Handbook of Conservation Practices. These standards include: Residue Management, Seasonal (Code 344); Grassed Waterway (Code 412); Mulching (Code 484); Stripcropping (Code 585); Cross Wind Ridges (Code 588); Terrace (Code 600); Underground Outlet (Code 620); and Water and Sediment Control Basin (Code 638). NRCS State Conservationists who choose to adopt these practices for use within their States will incorporate them into Section IV of their respective electronic Field Office Technical Guide. These practices may be used in conservation systems that treat highly erodible land or on land determined to be a wetland.

Pursuant to Section 102 (2) (C) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Guidelines (40 CFR Part 1500); and the Natural Resources Conservation Service Guidelines (7 CFR Part 650); the Natural Resources Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the Penchant Basin Natural Resources Plan (TE-34), Terrebonne Parish, Louisiana.

Pursuant to Section 102[2][c] of the National Environmental Policy Act of 1969, the Council on Environmental Quality Regulations [40 CFR Part 1500]; and the Natural Resources Conservation Service Regulations [7 CFR Part 650]; the Natural Resources Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the rehabilitation of Pohick Creek Watershed Dam No. 3, Fairfax County, Virginia.

Pursuant to Section 102(2)(c) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Regulations (40 CFR part 1500); and the Natural Resources Conservation Service Regulations (7 CFR part 650); the Natural Resources Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the rehabilitation of Floodwater Retarding Structure No. 5 of the Plum Creek Watershed, Hays County, Texas.

Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Guidelines (40 CFR Part 1500); and the Natural Resources Conservation Service Guidelines (7 CFR Part 650); the Natural Resources Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the South Shore of the Pen Shoreline Protection and Marsh Creation Project (BA- 41), Jefferson Parish, Louisiana.

It has been determined by the NRCS State Conservationist for Virginia that changes must be made in the NRCS State Technical Guide specifically in practice standards: 642, Water Well; 516, Pipeline; 614, Watering Facility; 533, Pumping Plant; and 527, Sinkhole and Sinkhole Area. These practices will be used to plan and install conservation practices on cropland, pastureland, woodland, and wildlife land.

The Commodity Credit Corporation and Natural Resources Conservation Service published in the Federal Register on March 27, 2008, (73 FR 16246), a document stating ``Notice of the Conservation Security Program, (CSP-08-01) sign-up. This notice corrects the end date from May 17, 2008 to May 16, 2008, in the SUMMARY and SUPPLEMENTARY INFORMATION sections of the previously published document. Additionally, page 16251 of the Federal Register, Vol. 73, No. 60, dated Thursday, March 27, 2008, contains a 2008 Conservation System CriteriaCropland table that requires numerical corrections. The 2008 Conservation System CriteriaCropland table needs to be revised by deleting: from the Group Level 2 row``and

The Pine Barren Creek Watershed is a federally assisted action authorized for planning under Public Law 83-566, the Watershed Protection and Flood Prevention Act. An environmental assessment was undertaken in conjunction with the development of a watershed plan that outlines alternatives for flood reduction within the City of Atmore, Alabama.

It has been determined by the NRCS State Conservationist for Virginia that changes must be made in the NRCS State Technical Guide specifically to add practice standard: 395, Stream Habitat Improvement and Management. This practice will be used to maintain, improve or restore stream habitat necessary for meeting the life history requirements of desired aquatic species.

Pursuant to Section 102(2)(c) of the National Environmental Policy Act of 1969; Public Law 91-190, as amended (42 U.S.C. 4321, et seq.), the Council on Environmental Quality Regulations (40 CFR Part 1500); and the Natural Resources Conservation Service Regulations (7 CFR Part 650); the Natural Resources Conservation Service, U.S. Department of Agriculture, gives notice that an Environmental Impact Statement is not being prepared for the Kaycee Flood Protection Project, Middle Fork Powder River Watershed, Johnson County, Wyoming.

It has been determined by the NRCS State Conservationist for Virginia that changes must be made in the NRCS State Technical Guide specifically in practice standards: 578, Stream Crossing; 574, Spring Development; 561, Heavy Use Area protection; 575, Animal Trails and Walkways; and 560, Access Road. These practices will be used to plan and install conservation practices on cropland, pastureland, woodland, and wildlife land.

Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Guidelines (40 CFR Part 1500); and the Natural Resources Conservation Service Guidelines (7 CFR Part 650); the Natural Resources Conservation Service, U.S. Department of Agriculture, has decided to subordinate its rights, acquired under the Wetland Reserve Program (WRP), to allow the Southeast Supply Header, LLC to cross NRCS held conservations easements associated with the Southeast Supply Header Project in Madison Parish, LA. On December 18, 2006, SESH filed, in Docket No. CP07-446-000, an application with the Commission pursuant to section 7(c) of the Natural Gas Act and Part 157 of the Commission's regulations for a Certificate to construct, operate, and maintain an interstate natural gas pipeline and associated ancillary and aboveground facilities. The Federal Energy Regulatory Commission (FERC) has prepared a final environmental impact statement (EIS) to fulfill requirements of the National Environmental Policy Act (NEPA). The purpose of this document was to make public the analysis of the environmental impacts that would likely result from the construction and operation of the proposed Project. The NRCS participated as a cooperating agency in the preparation of the EIS. The project will affect approximately 7 NRCS held Wetlands Reserve Program (WRP) easements by creating a 50 ft. permanent right of way (within a 100 ft. construction right-of-way) that extends for approximately 269 miles of which 6.7 miles is over lands encumbered under WRP easements located in Madison Parish, Louisiana. Of the 34,584 acres encumbered by WRP easements in Madison Parish, Louisiana 73.93 acres will be affected.