Miscellaneous Conservation Provisions
| Citation | 84 FR 19699 |
| Published date | 06 May 2019 |
| Record Number | 2019-09151 |
| Section | Rules and Regulations |
| Court | Commodity Credit Corporation,Natural Resources Conservation Service |
Federal Register, Volume 84 Issue 87 (Monday, May 6, 2019)
[Federal Register Volume 84, Number 87 (Monday, May 6, 2019)]
[Rules and Regulations]
[Pages 19699-19703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09151]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 84, No. 87 / Monday, May 6, 2019 / Rules and
Regulations
[[Page 19699]]
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
7 CFR Parts 610, 622, 625, and 652
Commodity Credit Corporation
7 CFR Parts 1455
[Docket No. USDA-2019-0005]
RIN 0578-AA69
Miscellaneous Conservation Provisions
AGENCY: Natural Resources Conservation Service and the Commodity Credit
Corporation, United States Department of Agriculture.
ACTION: Interim rule.
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SUMMARY: The Agricultural Improvement Act of 2018 (the 2018 Farm Bill)
made several minor changes to certain of the Natural Resources
Conservation Service (NRCS) conservation programs and related
requirements. The conservation programs and related requirements
include the administration of the State Technical Committee, the
Watershed Protection and Flood Prevention Act Program, the Healthy
Forests Reserve Program (HFRP), the Technical Service Provider (TSP)
Assistance provisions, and the Voluntary Public Access and Habitat
Incentive Program (VPA-HIP). This rule makes changes to the existing
regulations for the conservation programs that are consistent with the
changes made by the 2018 Farm Bill.
DATES: Effective: May 6, 2019.
Comment date: Submit comments on or before July 5, 2019.
ADDRESSES: We invite you to submit comments on this rule. In your
comments, include the date, volume, and page number of this issue of
the Federal Register, and the title of rule. You may submit comments by
the following method:
Federal eRulemaking Portal: Go to http://www.regulations.gov and search for Docket ID USDA-2019-0005. Follow the
online instructions for submitting comments.
All written comments received will be publicly available on
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Martha Joseph; phone: (814) 203-5562,
or email: [email protected]. Persons with disabilities who require
alternative means for communication should contact the USDA Target
Center at (202) 720-2600 (voice).
SUPPLEMENTARY INFORMATION:
Background
This rule makes minor changes to existing NRCS regulations and an
NRCS administered Commodity Credit Corporation (CCC) regulation. The
2018 Farm Bill (Pub. L. 115-334) made mandatory minor changes to
several conservation programs and related requirements, including State
Technical Committee, Watershed Protection and Flood Prevention, HFRP,
TSP Assistance, and VPA-HIP. The minor changes include:
Adding to the membership of the State Technical Committee
(7 CFR part 610, subpart C);
Waiving the requirement for watershed plans under certain
circumstances under the Watershed Protection and Flood Prevention (7
CFR part 622);
Expanding the purposes of HFRP (7 CFR part 625);
Authorizing that certification of TSPs be through a
qualified non-federal entity (7 CFR part 652); and
Including as a criteria for evaluation of VPA-HIP bids
whether the land is enrolled in the Wetlands Reserve Easement (WRE)
component of the Agricultural Conservation Easement Program (ACEP).
State Technical Committee (7 CFR Part 610, Subpart C)
The 2018 Farm Bill added the State Cooperative Extension Service
and land grant universities in the State to the membership of the State
Technical Committee. This rule adds representatives from these
organizations to the list of members in 7 CFR 610.22.
Watershed Protection and Flood Prevention Program (7 CFR Part 622)
The Watershed Protection and Flood Prevention Act of 1954 (Pub. L.
83-566, Watershed Operations), as amended by section 2401 of the 2018
Farm Bill, authorizes NRCS to install watershed improvement measures to
reduce flooding, sedimentation, and erosion damage; improve
conservation, development, utilization, and disposal of water; and
advance conservation and proper utilization of land.
Working in cooperation with soil conservation districts and other
local sponsoring organizations, NRCS prepares detailed watershed plans
that outline soil and water management problems and proposals to
alleviate the problems, including estimated benefits and costs, cost-
sharing arrangements, and operation and maintenance arrangements. The
2018 Farm Bill authorizes NRCS to waive the watershed plan for works of
improvement if the NRCS Chief determines that (1) the watershed plan is
unnecessary or duplicative; and (2) the works of improvement are
otherwise consistent with applicable requirements. NRCS incorporates
the waiver in 7 CFR 622.31.
HFRP (7 CFR Part 625)
HFRP is authorized by Title V of the Healthy Forests Restoration
Act of 2003 (Pub. L. 108-148). The 2018 Farm Bill amended HFRP to add
that protection of at-risk species is a purpose in the conservation of
forest land, permanent easements are an enrollment option for acreage
on Tribal land, and land that improves the well-being of a species
identified as of greatest conservation need by a State wildlife action
plan is now eligible and a priority for enrollment. Additionally, the
2018 Farm Bill removed the requirement to not use more than 40 percent
of funds allocated each fiscal year for cost-share agreements, and not
more than 60 percent of funds allocated each fiscal year for easements.
The 2018 Farm Bill also updated the types of practices that can be
conducted on enrolled land. NRCS incorporates these changes into 7 CFR
part 625.
Additionally, NRCS is removing reference to the Regional
Conservation Partnership Program (RCPP) authorized under Subtitle I of
Title XII of the Food Security Act of 1985 (known as the 1985
[[Page 19700]]
Farm Bill). The 2018 Farm Bill amendments change how HFRP interacts
with RCPP. The Agricultural Act of 2014 (Pub. L. 113-79) identified
HFRP as a covered program under RCPP, and authorized the NRCS Chief to
waive non-statutory, discretionary HFRP provisions and operational
procedures where the NRCS Chief determined the waiver would further the
purposes of HFRP. However, due to the changes to RCPP in the 2018 Farm
Bill, NRCS is revising 7 CFR 625.1 to remove the specific waiver
authority. (Other RCPP regulatory changes are being made in a separate
rulemaking.)
NRCS is also taking this opportunity to make some minor
administrative changes and corrections to improve the coordination
between NRCS easement programs. These changes include: Updating the
definition of Indian Tribe to clearly include Pueblos, identifying that
lands are ineligible if there are onsite or offsite conditions that
could interfere with the ability to meet HFRP purposes, and
incorporating payment flexibility for easement and restoration payments
to allow single payments, annual payments, and restoration payments
based on actual or average costs. Finally, NRCS is making a correction
to 7 CFR 625.10(d) because 30-year contracts had inadvertently been
omitted from the types of agreements identified in that paragraph.
TSP (7 CFR Part 652)
The 2018 Farm Bill amended the TSP provisions in section 1242 of
the 1985 Farm Bill by defining third-party provider and adding
authority for NRCS to certify a TSP through a non-federal entity
approved by the Secretary to perform the certification. The current
regulatory definition of third-party provider is consistent with the
2018 Farm Bill changes and does not require any changes to implement
the 2018 Farm Bill. NRCS had authorized non-federal entities to
recommend TSPs for certification; NRCS is amending the alternative
certification process to specify that NRCS will enter into agreements
with the recommending organizations to certify TSPs.
VPA-HIP (7 CFR Part 1455)
VPA-HIP is authorized by section 1240R of the 1985 Farm Bill. VPA-
HIP provides, within funding limits, grants to State and Tribal
Governments to encourage owners and operators of privately held farm,
ranch, and forest land to voluntarily make that land available for
access by the public for wildlife-dependent recreation, including
hunting and fishing under programs administered by State and Tribal
Governments. NRCS administers VPA-HIP on behalf of CCC. The 2018 Farm
Bill amended VPA-HIP funding to authorize $50,000,000 for fiscal years
2019 through 2023, to the maximum extent practicable, and requires $3
million of the VPA-HIP funds be made available to encourage public
hunting and other recreational activities on lands subject to ACEP-WRE.
Since the VPA-HIP regulation identifies program priorities, NRCS is
adding this new priority in 7 CFR 1455.20(c)(5).
Effective Date, Notice and Comment, and Paperwork Reduction Act
In general, the Administrative Procedure Act (APA, 5 U.S.C. 553)
requires that a notice of proposed rulemaking be published in the
Federal Register and interested persons be given an opportunity to
participate in the rulemaking through submission of written data,
views, or arguments with or without opportunity for oral presentation,
except when the rule involves a matter relating to public property,
loans, grants, benefits, or contracts. This rule involved matters
relating to benefits and is therefore is exempt from the APA
requirements. Further, the regulations to implement the programs of
Chapter 58 of Title 16 of the U.S. Code, as specified in 16 U.S.C.
3846, and the administration of those programs, are:
To be made as an interim rule effective on publication,
with an opportunity for notice and comment;
Exempt from the Paperwork Reduction Act (44 U.S.C. chapter
35); and
To use the authority under 5 U.S.C. 808 related to
Congressional review and avoid any potential delay in the effective
date.
The APA exemption covers the changes for HFRP and Watershed
Protection and Flood Prevention. The exemption in 16 U.S.C. 3846 covers
the changes for the other programs in this rule. Therefore, this rule
is effective on the date of publication in the Federal Register.
NRCS invites interested persons to participate in this rulemaking
by submitting written comments or views about the changes made by this
interim rule. The most helpful comments reference a specific portion of
the regulation, explain the reason for any recommended changes, and
include supporting data and references to relevant section of either
the 2018 Farm Bill or the 1985 Farm Bill. All comments received on or
before the closing date for comments will be considered. If changes to
the regulation need to be made in response to public comments, those
comments will be addressed in a subsequent rulemaking.
Executive Orders 12866, 13563, 13771, and 13777
Executive Order 12866, ``Regulatory Planning and Review,'' and
Executive Order 13563, ``Improving Regulation and Regulatory Review,''
direct agencies to assess all costs and benefits of available
regulatory alternatives and, if regulation is necessary, to select
regulatory approaches that maximize net benefits (including potential
economic, environmental, public health and safety effects, distributive
impacts, and equity). Executive Order 13563 emphasized the importance
of quantifying both costs and benefits, of reducing costs, of
harmonizing rules, and of promoting flexibility. Executive Order 13777,
``Enforcing the Regulatory Reform Agenda,'' established a federal
policy to alleviate unnecessary regulatory burdens on the American
people.
The Office of Management and Budget (OMB) designated this rule as
not significant under Executive Order 12866, ``Regulatory Planning and
Review,'' and therefore, OMB has not reviewed this rule.
Executive Order 13771, ``Reducing Regulation and Controlling
Regulatory Costs,'' requires that, in order to manage the private costs
required to comply with federal regulations, for every new significant
or economically significant regulation issued, the new costs must be
offset by the elimination of at least two prior regulations. As this
rule is designated not significant, it is not subject to Executive
Order 13771.
Clarity of the Regulation
Executive Order 12866, as supplemented by Executive Order 13563,
requires each agency to write all rules in plain language. In addition
to your substantive comments on this rule, we invite your comments on
how to make the rule easier to understand. For example:
Are the requirements in the rule clearly stated? Are the
scope and intent of the rule clear?
Does the rule contain technical language or jargon that is
not clear?
Is the material logically organized?
Would changing the grouping or order of sections or adding
headings make the rule easier to understand?
Could we improve clarity by adding tables, lists, or
diagrams?
Would more, but shorter, sections be better? Are there
specific sections that are too long or confusing?
What else could we do to make the rule easier to
understand?
[[Page 19701]]
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601-612), as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA), generally requires an agency to prepare a regulatory analysis
of any rule whenever an agency is required by APA or any other law to
publish a proposed rule, unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. This rule is not subject to the Regulatory Flexibility Act
because no law requires that a proposed rule be published for this
rulemaking initiative.
Environmental Review
The environmental impacts of this rule have been considered in a
manner consistent with the provisions of the National Environmental
Policy Act (NEPA, 42 U.S.C. 4321-4347), the regulations of the Council
on Environmental Quality (40 CFR parts 1500-1508), and the NRCS
regulations for compliance with NEPA (7 CFR part 650). The 2018 Farm
Bill requires minor changes to NRCS conservation programs, and there
are no changes to the basic structure of the programs. The majority of
the changes are mandatory and, therefore, do not require evaluation
under the National Environmental Policy Act. In addition, minor
administrative improvements are made to the regulations as a result of
continuing evaluations of NRCS program implementation efforts. The only
discretionary regulatory changes are administrative in nature. Such
administrative changes fall within a categorical exclusion for policy
development, planning, and implementation that relate to routine
administrative activities (7 CFR 1b.3(a)(1)). As such, NRCS has
determined that the provisions identified in this rule are mandatory or
minor and administrative requirements of the 2018 Farm Bill programs
and do not constitute a major federal action that would significantly
affect the quality of the human environment, individually or
cumulatively. Therefore, NRCS will not prepare an environmental
assessment or environmental impact statement for this regulatory
action.
Executive Order 12372
Executive Order 12372, ``Intergovernmental Review of Federal
Programs,'' requires consultation with State and local officials that
would be directly affected by proposed federal financial assistance.
The objectives of the Executive Order are to foster an
intergovernmental partnership and a strengthened federalism, by relying
on State and local processes for State and local government
coordination and review of proposed federal financial assistance and
direct federal development. For reasons specified in the final rule
related notice regarding 7 CFR part 3015, subpart V (48 FR 29115, June
24, 1983), the programs and activities in this rule are excluded from
the scope of Executive Order 12372.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, ``Civil
Justice Reform.'' This rule will not preempt State or local laws,
regulations, or policies unless they represent an irreconcilable
conflict with this rule. Before any judicial actions may be brought
regarding the provisions of this rule, the administrative appeal
provisions of 7 CFR part 11 are to be exhausted.
Executive Order 13132
This rule has been reviewed under Executive Order 13132,
``Federalism.'' The policies contained in this rule do not have any
substantial direct effect on States, on the relationship between the
Federal Government and the States, or on the distribution of power and
responsibilities among the various levels of government, except as
required by law. Nor does this rule impose substantial direct
compliance costs on State and local governments. Therefore,
consultation with the States is not required.
Executive Order 13175
This rule has been reviewed in accordance with the requirements of
Executive Order 13175, ``Consultation and Coordination with Indian
Tribal Governments.'' Executive Order 13175 requires federal agencies
to consult and coordinate with Tribes on a government-to-government
basis on policies that have Tribal implications, including regulations,
legislative comments or proposed legislation, and other policy
statements or actions that have substantial direct effects on one or
more Indian Tribes, on the relationship between the Federal Government
and Indian Tribes or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.
NRCS has assessed the impact of this rule on Indian Tribes and
determined that this rule does not, to our knowledge, have Tribal
implication that requires Tribal consultation under Executive Order
13175. The regulation changes do not have Tribal implications that
preempt Tribal law and are not expected have a substantial direct
effect on one or more Indian Tribes. If a Tribe requests consultation,
NRCS will work with the USDA Office of Tribal Relations to ensure
meaningful consultation is provided where changes, additions, and
modifications identified in this rule are not expressly mandated by the
2018 Farm Bill.
Separate from Tribal consultation, communication and outreach
efforts are in place to assure that all producers, including Tribes (or
their members), are provided information about the regulation changes.
Specifically, NRCS obtains input through Tribal Conservation Advisory
Councils. A Tribal Conservation Advisory Council may be an existing
Tribal committee or department and may also constitute an association
of member Tribes organized to provide direct consultation to NRCS at
the State, regional, and national levels to provide input on NRCS
rules, policies, programs, and impacts on Tribes. Tribal Conservation
Advisory Councils provide a venue for agency leaders to gather input on
Tribal interests. Additionally, NRCS will be holding several sessions
with Indian Tribes and Tribal entities across the country in fiscal
year 2019 to describe the 2018 Farm Bill changes to NRCS conservation
programs, obtain input about how to improve Tribal and Tribal member
access to NRCS conservation assistance, and make any appropriate
adjustments to the regulations that will foster such improved access.
Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA, Pub. L.
104-4), requires federal agencies to assess the effects of their
regulatory actions on State, local, and Tribal Governments or the
private sector. Agencies generally must prepare a written statement,
including cost benefits analysis, for proposed and final rules with
federal mandates that may result in expenditures of $100 million or
more in any 1 year for State, local or Tribal governments, in the
aggregate, or to the private sector. UMRA generally requires agencies
to consider alternatives and adopt the more cost-effective or least
burdensome alternative that achieves the objectives of the rule. This
rule contains no federal mandates, as defined under Title II of UMRA,
for State, local, and Tribal Governments or the private sector.
Therefore, this rule is not subject to the requirements of UMRA.
[[Page 19702]]
Small Business Regulatory Enforcement Fairness Act (SBREFA)
SBREFA (Pub. L. 104-121) normally requires that an agency delay the
effective date of a major rule for 60 days from the date of publication
to allow for Congressional review. This rule is not a major rule under
the SBREFA. Therefore, neither NRCS nor the CCC is required to delay
the effective date for 60 days from the date of publication to allow
for Congressional review. As stated above, this rule is effective on
the date of publication in the Federal Register.
Federal Assistance Programs
The titles and numbers of the Federal Domestic Assistance Programs
in the Catalog of Federal Domestic Assistance to which this rule
applies are:
10.922--Healthy Forests Reserve Program
10.903--Voluntary Public Access-Habitat Incentives Program
10.904--Watershed Protection and Flood Prevention
E-Government Act Compliance
NRCS and CCC are committed to complying with the E-Government Act,
to promote the use of the internet and other information technologies
to provide increased opportunities for citizen access to Government
information and services, and for other purposes.
List of Subjects
7 CFR Part 610
Grazing Lands, Soil conservation, Technical assistance, Water
resources.
7 CFR Part 622
Flood control, Grant programs--natural resources, Loan programs--
natural resources, Soil conservation, Technical assistance, Watersheds.
7 CFR Part 625
Administrative practice and procedure, Agriculture, Forest and
forest product, Soil conservation.
7 CFR Part 652
Soil conservation, Technical assistance, Water resources.
7 CFR Part 1455
Agriculture, Animals, Environmental protection, Fishing, Forests
and forest products, Grant programs, Hunting, Indians, Indians--land,
Natural resources, Recreation and recreation areas, Rural areas, State
and local governments, Wildlife.
For the reasons discussed above, CCC and NRCS amend 7 CFR parts
610, 622, 625, 652, and 1455 as follows:
PART 610--TECHNICAL ASSISTANCE
0
1. The authority citation for part 610 is revised to read as follows:
Authority: 16 U.S.C. 590a-f, 590q, 2005b, 3861, and 3862.
0
2. Amend Sec. 610.22 as follows:
0
a. In paragraph (a)(10), remove the word ``and'' after the semi-colon;
0
b. In paragraph (a)(11), remove the period and add a semi-colon and ``;
and'' in its place; and
0
c. Add paragraph (a)(12).
The addition reads as follows:
Sec. 610.22 State Technical Committee membership.
(a) * * *
(12) The State Cooperative Extension Service and land grant
universities in the State.
* * * * *
PART 622--WATERSHED PROJECTS
0
3. The authority citation for part 622 is revised to read as follows:
Authority: 16 U.S.C. 1001-1012a, and 33 U.S.C. 701b-1.
0
4. Revise Sec. 622.31 as follows:
0
a. Designate the undesignated paragraph as paragraph (a); and
0
b. Add paragraph (b).
The addition reads as follows:
Sec. 622.31 Basic planning efforts.
* * * * *
(b) The Chief of NRCS may waive the watershed plan for works of
improvement if the Chief determines that--
(1) The watershed plan is unnecessary or duplicative; and
(2) The works of improvement are otherwise consistent with
applicable requirements under this part.
PART 625--HEALTHY FORESTS RESERVE PROGRAM
0
5. The authority citation for part 625 continues to read as follows:
Authority: 16 U.S.C. 6571-6578.
0
6. Amend Sec. 625.1 as follows:
0
a. Redesignate paragraph (b)(3) as paragraph (b)(4);
0
b. Add new paragraph (b)(3); and
0
c. Remove paragraph (e).
The addition reads as follows:
Sec. 625.1 Purpose and scope.
* * * * *
(b) * * *
(3) Conserve forest land that provides habitat for species listed
under section 4 of ESA, a candidate for such listing, State-listed
species or species of greatest conservation need as identified in a
State wildlife action plan, or species identified by the Chief for
special consideration for funding; and
* * * * *
0
7. In Sec. 625.2 revise the definitions of ``conservation practice''
and ``Indian tribe'' to reads as follows:
Sec. 625.2 Definitions.
* * * * *
Conservation practice means one or more conservation improvements,
measures, and activities, including structural practices, and measures,
land management practices, vegetative treatments, forest management,
practices to increase carbon sequestration, practices to improve
biological diversity, and other improvements that benefit the eligible
land and optimize environmental benefits, planned and applied according
to NRCS standards and specifications.
* * * * *
Indian Tribe means Indian Tribe, band, Nation, Pueblo, 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 (85 Stat. 688, 43 U.S.C.
1601-1629h), which is recognized as eligible for the special programs
and services provided by the United States to Indians because of their
status as Indians.
* * * * *
0
8. Amend Sec. 625.4 as follows:
0
a. Revise paragraphs (a) and (c)(2);
0
b. In paragraph (d)(2) after the semi-colon remove the word ``and'';
0
c. In paragraph (d)(3) remove the period and add ``; and'' in its
place; and
0
d. Add a new paragraph (d)(4).
The revisions and addition read as follows:
Sec. 625.4 Program requirements.
(a) General. Under HFRP:
(1) NRCS will purchase conservation easements from, or enter into
30-year contracts or 10-year cost-share agreements with, eligible
landowners who voluntarily cooperate in the restoration and protection
of forestlands and associated lands.
(2) A landowner will participate in HFRP by agreeing to the
implementation of an HFRP restoration plan, the effect of which is to
restore, protect, enhance, maintain, and manage the habitat conditions
necessary to increase the likelihood of recovery of listed species
under the ESA, or measurably improve the well-being of species that are
candidates for such listing, that is a candidate for listing under
section 4 of ESA, State-listed species or species deemed of greatest
conservation need by
[[Page 19703]]
a State wildlife action plan, or species identified by the Chief for
special consideration for funding.
(3) NRCS may provide cost-share assistance for the activities that
promote the restoration, protection, enhancement, maintenance, and
management of forest ecosystem functions and values. Specific
restoration, protection, enhancement, maintenance, and management
activities may be undertaken by the landowner or other NRCS designee.
* * * * *
(c) * * *
(2) Land will be considered eligible for enrollment in HFRP only if
NRCS determines that such private forest land or private land being
restored to forest land will contribute to the maintenance,
restoration, or enhancement of the habitat or measurably:
(i) Increase the likelihood of recovery for a selected species
listed under section 4 of ESA; or
(ii) Improve the well-being of a selected species that is a
candidate for listing under section 4 of ESA, or the selected species
is a State-listed species, or deemed a species of greatest conservation
need by a State wildlife action plan, or is a species identified by the
Chief for special consideration for funding.
* * * * *
(d) * * *
(4) Land where the purposes of HFRP would be undermined due to
onsite or offsite conditions, such as risk of hazardous substances,
unacceptable encumbrances to title, permitted or existing rights of
way, infrastructure development, or adjacent land uses.
Sec. 625.6 [Amended]
0
9. Amend Sec. 625.6, in paragraph (a)(2), by removing ``or species''
and adding ``or deemed of greatest conservation need under a State
wildlife action plan, or species'' in their place.
0
10. Amend Sec. 625.8 as follows:
0
a. In paragraph (c)(2), remove ``no more than 10 annual payments of
equal or unequal size'' and add ``through annual payments'' in its
place; and
0
b. Revise paragraphs (e) and (f).
The revisions read as follows:
Sec. 625.8 Compensation for easements and 30-year contracts.
* * * * *
(e) The amount, terms, and conditions of the cost-share assistance
will be subject to the following restrictions on the costs of
establishing or installing NRCS-approved conservation practices or
implementing measures specified in the HFRP restoration plan:
(1) On enrolled land subject to a permanent easement or an easement
for the maximum duration allowed under State law, NRCS will offer to
pay not less than 75 percent nor more than 100 percent of the actual or
average cost, and;
(2) On enrolled land subject to a 30-year easement or 30-year
contract, NRCS will offer to pay not more than 75 percent of the actual
or average cost.
(f) On enrolled land subject to a 10-year cost-share agreement
without an associated easement, NRCS will offer to pay not more than 50
percent of the actual or average costs.
Sec. 625.10 [Amend]
0
11. Amend Sec. 625.10, paragraph (d), by removing ``easement,'' and
adding ``easement, 30-year contract,'' in its place.
0
12. Amend Sec. 625.11, paragraph (a), by adding a new second sentence
to read as follows:
Sec. 625.11 Easement participation requirements.
(a) * * * An Indian Tribe may enroll in HFRP through a 10-year
cost-share agreement as specified in Sec. 625.9, a 30-year contract as
specified in Sec. 625.12, or a permanent easement as specified in this
part. * * *
* * * * *
PART 652--TECHNICAL SERVICE PROVIDER ASSISTANCE
0
13. The authority citation for part 652 continues to read as follows:
Authority: 16 U.S.C. 3842.
0
14. Amend Sec. 652.25 by adding paragraphs (f) through (h) to read as
follows:
Sec. 652.25 Alternative application process for individual
certification.
* * * * *
(f) NRCS may also enter into an agreement with a recommending
organization that NRCS determines has an adequate accreditation program
to certify individuals as technical service providers for specific
practices or categories of technical service in accordance with this
part.
(g) After submission of an Application for Certification under
Sec. 652.21, NRCS may certify an individual that has an appropriate
specialty certification, including a sustainability specialty
certification, as qualified to provide technical services for a
specific practice, category, or categories of technical service.
(h) NRCS will identify, on its website, which recommending
organizations or specialty certifications are recognized by NRCS as
meeting NRCS quality criteria for certification of individuals under
this part.
PART 1455--VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE PROGRAM
0
15. The authority citation for part 1455 continues to read as follows:
Authority: 15 U.S.C. 714b and 714c, and 16 U.S.C. 3839.
Sec. 1455.20 [Amend]
0
16. In Sec. 1455.20, paragraph (c)(5), at the end, remove the word
``program'' and add ``program, including lands enrolled in the Wetland
Reserve Easement component of the Agricultural Conservation Easement
Program, part 1468, subpart C of this chapter'' in its place.
Matthew Lohr,
Chief, Natural Resources Conservation Service.
Robert Stephenson,
Executive Vice President, Commodity Credit Corporation.
[FR Doc. 2019-09151 Filed 5-3-19; 8:45 am]
BILLING CODE 3410-16-P
