Natural Resources Conservation Service 2009 – Federal Register Recent Federal Regulation Documents
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State Technical Committees
The Natural Resources Conservation Service (NRCS) is publishing a final rule that sets forth the policies for State Technical Committees at 7 CFR part 610, subpart C. NRCS published the State Technical Committee interim final rule in the Federal Register on November 25, 2008. NRCS published standard operating procedures for State Technical Committees as a notice in the Federal Register on April 7, 2009. The public was invited to comment on both the interim final rule and the standard operating procedures. This final rule incorporates changes made to 7 CFR part 610, subpart C, in response to public comments received on the interim final rule and the standard operating procedures. Subsequent to the publication of this final rule, and utilizing the comments received, NRCS will make further updates to its standard operating procedures.
Regional Equity
The Natural Resources Conservation Service (NRCS) is issuing a final rule on the procedures for implementing the Regional Equity provision of section 1241(d) of the Food Security Act of 1985, 16 U.S.C. 3841(d). The Regional Equity provision ensures that each State receives a $15 million minimum annual aggregate level of conservation program funding. NRCS published an interim final rule for Regional Equity in the Federal Register on January 13, 2009, with request for public comment. This final rule responds to comments received on the January 13, 2009, interim final rule, and makes minor adjustments to the Regional Equity regulation at 7 CFR part 662 in response to these comments.
Buckeye Flood Retarding Structure (FRS) No. 1 Supplemental Watershed Plan, Maricopa County, AZ
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 Buckeye Flood Retarding Structure (FRS) No. 1 Supplemental Watershed Plan, Maricopa County, Arizona.
Notice of Proposed Change to Section IV of the Virginia State Technical Guide
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: 360, Closure of Waste Impoundments; 367, Waste Facility Cover; 607, Surface Drainage, Field Ditch; 608, Surface Drainage, Main or Lateral and 634, Waste Transfer. These practices will be used to plan and install conservation practices on cropland, pastureland, woodland, and wildlife land.
Lost River Subwatershed of the Potomac River Watershed, Hardy County, WV
Louis Aspey, responsible Federal official for projects administered under the provisions of the Flood Control Act of 1944, Public Law 78-534, in the State of West Virginia, is hereby providing notification that a Record of Decision to proceed with the installation of the Lost River Site 16 project on Lower Cove Run is available. Single copies of this Record of Decision may be obtained from Louis
Fredonia Flood Retarding Structure Rehabilitation Project, Coconino County, AZ
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 Fredonia Flood Retarding Structure (FRS) Rehabilitation Project, Coconino County, Arizona.
The Secretary of Agriculture's Determination of the Primary Purpose of the State of Florida's Agricultural Best Management Practices Program
The Natural Resources Conservation Service (NRCS) is providing public notice that the Secretary of Agriculture has determined that cost-share payments made under the State of Florida's Agricultural Best Management Practices Program are primarily for the purpose of conserving soil and water resources or protecting and restoring the environment. NRCS was assigned technical and administrative responsibility for reviewing the State of Florida's Agricultural Best Management Practices Program and making appropriate recommendations for the Secretary's determination of primary purpose. The Secretary made the determination for certain specific programs that are part of the State of Florida's Agricultural Best Management Practices Program (71 FR 76965).
Prop Canyon Watershed, Site 1 (Big Draw Dam), Cibola County, NM
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 Prop Canyon Watershed, Site 1, Grant County, New Mexico.
Notice of Proposed Change to Section IV of the Virginia State Technical Guide
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 standard: 528, Prescribed Grazing. This practice will be used to plan and install conservation practices.
Notice of Proposed Change to Section IV of the Virginia State Technical Guide
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: 442, Irrigation System, Sprinkler; 441, Irrigation System, Microirrigation; 443, Irrigation System, Surface and Subsurface; 447, Tailwater Recovery; 449, Irrigation Water Management; 309, Agchemical Handling Facility; 432, Dry Hydrant; 455, Land Reclamation, Toxic Discharge Control; 453, Land Reclamation, Landslide Treatment; 543, Land Reclamation, Abandoned Mined Land; 544, Land Reclamation, Currently Mined Land; 457, Mine Shaft and Adit Closing; 468, Lined Waterway or Outlet; 582, Open Channel; 584, Channel Stabilization; 580, Streambank and Shoreline Protection; 350, Sediment Basin. These practices will be used to plan and install conservation practices on cropland, pastureland, woodland, and wildlife land.
Notice of Proposed Changes to the National Handbook of Conservation Practices for the Natural Resources Conservation Service
Notice is hereby given of the intention of NRCS to issue a series of revised conservation practice standards in the National Handbook of Conservation Practices. These standards include: Aquaculture Ponds (Code 397), Contour Orchard and Other Perennial Crops (Code 331), Forage and Biomass Planting (Code 512), Forest Trails and Landings (Code 655), Heavy Use Area Protection (Code 561), Herbaceous Wind Barriers (Code 603), Integrated Pest Management (Code 595), Obstruction Removal (Code 500), Pumping Plant (Code 533), Sediment Basin (Code 350), Spoil Spreading (Code 572), Trail and Walkways (Code 568), and Vegetative Barrier (Code 601). Notice is also hereby given of the rescission of Prescribed Forestry (Code 409), effective October 1, 2009. 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 Guides. These practices may be used in conservation systems that treat highly erodible land (HEL) or on land determined to be a wetland. Section 343 of the Federal Agriculture Improvement and Reform Act of 1996, requires NRCS to make available for public review and comment, all proposed revisions to conservation practice standards used to carry out HEL and wetland provisions of the law.
Soil and Water Resources Conservation Act
The Natural Resources Conservation Service (NRCS) will hold a public meeting to gather stakeholder input on important natural
Notice of Meeting of the Agricultural Air Quality Task Force
The Agricultural Air Quality Task Force (AAQTF) will meet to continue discussions on air quality issues relating to agriculture.
Notice of Proposed Change to Section IV of the Virginia State Technical Guide
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: 500, Obstruction Removal; 326, Clearing and Snagging; 460, Land Clearing; 572, Spoil Spreading; 466, Land Smoothing; 521C, Pond Sealing or Lining, Bentonite Sealant; 521B, Pond Sealing or Lining, Soil Dispersant; 521A, Pond Sealing or Lining, Flexible Membrane; 521D, Pond Sealing, Compacted Clay Treatment. These practices will be used to plan and install conservation practices on cropland, pastureland, woodland, and wildlife land.
Conservation Practice Technical Assistance
On June 12, 2009, the Natural Resources Conservation Service (NRCS) published in the Federal Register a notice for the purpose of: (1) Notifying the public about the results of NRCS compliance with section 1242(h) of the Food Security Act of 1985, as amended; and (2) to solicit public comment about how to improve agency conservation practice standards. The public comment period closed on August 11, 2009. NRCS is hereby reopening the public comment period and amending the closing date September 14, 2009 to ensure the agency has received comments from a broad segment of the agriculture sector.
Rehabilitation of Floodwater Retarding Structure No. 6 of the Calaveras Creek Watershed, Bexar County, TX
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. 6 of the Calaveras Creek Watershed, Bexar County, Texas.
Notice of Proposed Change to Section IV of the Virginia State Technical Guide
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: 356, Dike; 378, Pond; 402, Dam; 554, Draining Water Management; 587, Structure for Water Control; and 606, Subsurface Drain. These practices will be used to plan and install conservation practices on cropland, pastureland, woodland, and wildlife land.
Pohick Creek Watershed Dam No. 2, Fairfax County, VA
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. 2, Fairfax County, Virginia.
South River Watershed Structure No. 4: Madison County, GA
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 South River Watershed Structure No. 4, Madison County, Georgia.
Marbury Creek Watershed Structure No. 22: Barrow County, GA
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 Marbury Creek Watershed Structure No. 22, Barrow County, Georgia.
Sandy Creek Watershed Structure No. 15: Jackson County, GA
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 Sandy Creek Watershed Structure No. 15, Jackson County, Georgia.
Sandy Creek Watershed Structure No. 23: Jackson County, GA
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 Sandy Creek Watershed Structure No. 23, Jackson County, Georgia.
Natural Resources Conservation Service; Little Sandy Trail Creek Watershed Structure No. 1: Madison County, GA
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 Little Sandy Trail Creek Watershed Structure No. 1, Madison County, Georgia.
Wildlife Habitat Incentive Program
The Natural Resources Conservation Service (NRCS) 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). On March 12, 2009, NRCS corrected language in the interim final rule regarding the erroneous application of the payment limitation to joint operations, and extended the comment period to April 17, 2009. This document amends the interim final rule by expanding the definition of agricultural lands to include areas of a farm or ranch that are not currently under production. NRCS is also using the opportunity presented by this rulemaking to reopen the comment period. Comments are limited to the content of this amendment.
Notice of Proposed Change to Section IV of the Virginia State Technical Guide
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: 314, Brush Management; 382, Fence; 646, Shallow Water Development and Management; 658, Wetland Creation; 659, Wetland Enhancement; 657, Wetland Restoration; and 644, Wetland Wildlife Habitat Management. These practices will be used to plan and install conservation practices on cropland, pastureland, woodland, and wildlife land.
Compliance With NEPA
The Natural Resources Conservation Service (NRCS or the Agency) publishes this interim final rule to request comments on additional categorical exclusions, which are actions that the agency has determined do not individually or cumulatively have a significant effect on the human environment and, thus, should not require preparing an environmental assessment (EA) or environmental impact statement (EIS) under the National Environmental Policy Act (NEPA). NRCS' categorical exclusion actions promote restoration and conservation activities related to natural or human induced damage, or alteration of floodplain easements and watershed areas. For projects being funded under the American Recovery and Reinvestment Act of 2009 (ARRA), the interim final rule will assist NRCS in meeting mandates set forth in ARRA and NEPA for undertaking actions in the most expeditious manner and in compliance with NEPA.
PL83-566 Watershed Protection and Flood Prevention Act Pocasset River Watershed, Providence County, RI
Pursuant to Section 102(2) (C) of the National Environmental Policy Act of 1969; the Council of 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 being prepared for Pocasset River Watershed, Providence County, Rhode Island.
Supplemental Watershed Plan No. 1 and Environmental Assessment for Big Slough Watershed, Clay County, AR
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 Big Slough Watershed Supplement No.1, Clay County, Arkansas.
Conservation Practice Technical Assistance
Section 1242(h) of the Food Security Act of 1985, as amended by the Food, Conservation, and Energy Act of 2008 (2008 Act), requires that the Natural Resources Conservation Service (NRCS): (1) Review conservation practice standards, including engineering design specifications, in effect on June 18, 2008; (2) ensure the completeness and relevance of the standards to local agricultural, forestry, and natural resource needs including specialty crops, native and managed pollinators, bioenergy crop production, forestry, and other such needs as determined by the Secretary; and (3) ensure, to the maximum extent practicable, that the standards provide for the optimal balance between meeting site-specific conservation needs and minimizing risks of design failure and associated costs of construction and installation. NRCS conducted an internal review of the conservation practice standards and met with various stakeholder groups, as required by section 1242(h)(2), to obtain their input about how to improve the completeness and relevance of the standards. NRCS is hereby notifying the public of the results of the preliminary review and requests comments from the public about how to improve the conservation practice standards to meet the goals and objectives of Section 1242(h) of the Food Security Act of 1985, as amended.
Soil and Water Resources Conservation Act (RCA); Meetings
NRCS will hold public meetings to gather stakeholder input on
Notice of Proposed Change to Section IV of the Virginia State Technical Guide
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: 338, Prescribed Burning; 391, Riparian Forest Buffer; 490, Tree/Shrub Site Preparation; and 666, Forest Stand Improvement. These practices will be used to plan and install conservation practices.
Notice of Meeting of the Agricultural Air Quality Task Force
The Agricultural Air Quality Task Force (AAQTF) will meet to continue discussions on air quality issues relating to agriculture.
Notice of Proposed Changes to the Natural Resources Conservation Service's National Handbook of Conservation Practices
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: Anaerobic Digester (Code 366); Anionic Polyacrylamide (PAM) Application (Code 450); Brush Management (Code 314); Fish Raceway or Tank (Code 398); Irrigation Ditch Lining (Code 428); Irrigation Pipeline (Code 430); Irrigation Reservoir (Code 436); Surface Drain, Field Ditch (Code 607); Surface Drainage, Main or Lateral (Code 608); Roof Runoff Structure (Code 558); and Surface Roughening (Code 609). 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 Guides. These practices may be used in conservation systems that treat highly erodible land or on land determined to be a wetland.
Raccoon Island Shore Protection/Marsh Creation Project-Phase B (TE-48-B) Terrebonne Parish, LA
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 Phase B portion of the Raccoon Island Shore Protection/Marsh Creation Project (TE-48-B), Terrebonne Parish, Louisiana.
State Technical Committees
Section 1261(b)(1) of the Food Security Act of 1985, as amended by the Food, Conservation, and Energy Act of 2008 (2008 Act) requires the Secretary of Agriculture to develop standard operating procedures to standardize the operations of State Technical Committees. NRCS published an interim final rule for State Technical Committees, 7 CFR part 610, in the Federal Register on November 25, 2008, that states NRCS will incorporate standard operating procedures for State Technical Committees into its directives system and provide public notice of those procedures. NRCS seeks public comment on this document that includes the current NRCS standard operating procedures as set forth in the NRCS directives system.
Lost River Subwatershed of the Potomac River Watershed, Hardy County, WV
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 (NRCS), U.S. Department of Agriculture, is giving notice that a second draft supplemental work plan and second draft environmental impact statement (SDEIS) are being prepared for the Lost River Subwatershed of the Potomac River Watershed, Hardy County, West Virginia. The SDEIS will evaluate potential impacts to the natural, physical and human environment as a result of the flood damage reduction and water supply storage measures proposed for the Lost River Subwatershed, Hardy County, West Virginia.
Wildlife Habitat Incentive Program Correction
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.
Healthy Forests Reserve Program
On January 14, 2009, NRCS published in the Federal Register a proposed rule for the Healthy Forests Reserve Program (HFRP) with a public comment period closing on February 13, 2009. The proposed rule included changes to address amendments to HFRP associated with enactment of the Food, Conservation, and Energy Act of 2008. NRCS is hereby reopening the public comment period for the HFRP proposed rule and amending the closing date to March 20, 2009.
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.
Healthy Forests Reserve Program
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.
Regional Equity
Section 2703 of Title II of the Food, Conservation, and Energy Act of 2008 (the 2008 Act) (Pub. L. 110-246) reauthorizes the subsection on Regional Equity established under section 1241(d) of the Food Security Act of 1985 (16 U.S.C. 3841(d)), as amended (Regional Equity provision). The purpose of this provision is to give priority to certain states for certain conservation program funding. States eligible to receive funding through the Regional Equity provision are those that have not received, for a given fiscal year, an aggregate allocation of at least $15,000,000 from programs specified in the Regional Equity provision. In addition, States must have approved applications for financial and technical assistance under the specified programs in order to be eligible to receive funding. The Regional Equity programs are all of the conservation programs authorized by subtitle D, Title XII of the Food Security Act of 1985, 16 U.S.C. 3801 et seq., except for the Conservation Reserve Program, the Wetland Reserve Program, and the Conservation Security Program, which are excluded from the conservation programs affected by the Regional Equity provision. This interim final rule sets forth how the Natural Resources Conservation Service (NRCS), an agency of the U.S. Department of Agriculture (USDA), will implement the Regional Equity provision.
Notice of Proposed Change to Section IV of the Virginia State Technical Guide
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.
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