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[Federal Register Volume 79, Number 135 (Tuesday, July 15, 2014)]
[Notices]
[Pages 41247-41249]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16711]

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DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

Farm Service Agency

Notice of Availability of Draft Supplemental Programmatic 
Environmental Impact Statement for the Conservation Reserve Program

AGENCY: Commodity Credit Corporation and Farm Service Agency, USDA.

ACTION: Notice of availability; request for comments.

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SUMMARY: This notice announces that the Farm Service Agency (FSA), on 
behalf of the Commodity Credit Corporation (CCC), completed a Draft 
Supplemental Programmatic Environmental Impact Statement (Draft SPEIS) 
to examine the potential environmental consequences associated with 
implementing changes to the Conservation Reserve Program (CRP) 
specified in the Agricultural Act of 2014 (the 2014 Farm Bill), and 
assist in developing new regulations. FSA is requesting comments on the 
Draft SPEIS.

DATES: We will consider comments that we receive by September 8, 2014.

ADDRESSES: We invite you to submit comments on the Draft SPEIS. In your 
comments, include the volume, date, and page number of this issue of 
the Federal Register. You may submit comments by any of the following 
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow online instructions for submitting 
comments.
     Email: CRPComments@cardnotec.com.
     Online: Go to the Web site at http://crpspeis.com. Follow 
online instructions for submitting comments.
     Fax: (757) 594-1469.
     Mail, hand delivery, or courier: CRP SPEIS, C/O CardnoTEC, 
Inc., 11817 Canon Blvd., Suite 300, Newport News, VA 23606.
    A copy of the Draft SPEIS is available through the FSA homepage at 
http://www.fsa.usda.gov/FSA/webapp?area=home&subject=ecrc&topic=nep-cd 
or at http://crpspeis.com.

FOR FURTHER INFORMATION CONTACT: Nell Fuller, (202) 720-6303. Persons 
with disabilities who require alternative means for communication 
(Braille, large print, audio tape, etc.) should contact the USDA Target 
Center at (202) 720-2600 (voice).

SUPPLEMENTARY INFORMATION: The National Environmental Policy Act (NEPA) 
provides a means for the public to comment on alternatives and 
environmental concerns for Federal programs or actions. The CRP Draft 
SPEIS was completed as required by NEPA (42 U.S.C. 4321-4347), the 
Council on Environmental Quality (CEQ) Regulations for Implementing the 
Procedural Provisions of NEPA (40 CFR parts 1500-1508), and FSA's NEPA 
regulations (7 CFR part 799). FSA provided notice of its intent (NOI) 
to prepare the CRP SPEIS in the Federal Register on November 29, 2013 
(78 FR 71561-71562), and solicited public comment on the preliminary 
alternatives for analyzing changes to CRP from the 2014 Farm Bill. FSA 
considered input from those comments to develop the alternatives 
analyzed in the Draft SPEIS. We received a total of 8 comments from 
private organizations, members of the concerned public, and Federal, 
State, and local government agencies. The comments involved 55 
individual issues covering a range of topics including proposed 2014 
Farm Bill changes, CRP maximum enrollment and acreages, regional 
differences in haying and grazing impacts, claims of a lack of thorough 
environmental and socioeconomic impact analysis in previous NEPA 
documentation, and CRP funding policy. All substantive comments 
received that were within the defined scope of the SPEIS were 
incorporated.
    As specified in the 2014 Farm Bill, FSA plans to consolidate a 
number of conservation programs to simplify the programs, reduce 
overlapping goals, and reduce overall budgets. Many of the changes to 
CRP from the 2014 Farm Bill are administrative in nature, would not 
result in major changes to the current administration of CRP, or have 
been addressed in previous NEPA documentation concerning CRP. Such 
changes do not require further analysis in the SPEIS.
    Those changes, and the justification for eliminating them from 
analysis, include the following, each of which is discussed below:
     Maximum enrollment authority;
     Farmable Wetland Program enrollment changes;
     Tree thinning payments;
     Early termination of contracts;
     Managed harvesting and routine grazing payment reduction;
     Transition option funding;
     Emergency haying and grazing payment reduction; and
     Prescribed grazing frequency.

Maximum Enrollment Authority

    The maximum enrollment authority will be gradually reduced to no 
more than 24 million acres by 2018, as required by the 2014 Farm Bill. 
The ``2010 Conservation Reserve Program Supplemental Environmental 
Impact Statement'' (referred to as the 2010 CRP SEIS) analyzed an 
alternative to reduce the enrollment authority to no more than 24 
million acres; therefore, that analysis is incorporated by reference.

Farmable Wetland Program Enrollment Changes

    The change in the 2014 Farm Bill to reduce the maximum enrollment 
authority to 750,000 acres nationally (from 1 million) would still 
allow for approximately 410,000 acres of farmable wetlands to be 
enrolled in the Farmable Wetland Program. The mandated reduction in 
enrollment is not required to be analyzed since there is no discretion 
for any other level. Additionally, the mandatory reduction is not 
expected to affect actual enrollment, as historically enrollment has 
been well below the cap.

Tree Thinning Payments

    The payment authority for tree thinning activities was reduced to 
$10 million and incentive payments are allowed. The 2014 Farm Bill 
change allows FSA to incentivize owners and operators to conduct 
practices and use management tools that would promote forest 
management, enhance the overall health of tree stands, improve the 
condition of resources, or provide valuable habitat for wildlife. Less 
than $50,000 in payments have been provided for tree thinning 
activities since the Food, Conservation, and Energy Act of 2008 (Pub. 
L. 110-246, commonly referred to as the 2008 Farm Bill). The reduction 
in funding available for tree thinning activities would not represent a 
real change in current use of the funds and does not require further 
analysis.

Early Termination of Contracts

    As provided in the 2014 Farm Bill, the early termination provision 
of CRP

[[Page 41248]]

that previously applied only to contracts entered into before January 
1, 1995, will be modified to apply, only during fiscal year 2015, to 
allow CRP participants to elect early termination of certain CRP 
contracts, provided the contract has been in place for at least 5 
years. The 2014 Farm Bill mandates providing an opportunity for the 
early termination of CRP contracts, if certain criteria are met; FSA 
does not have any discretion whether to implement that change. 
Therefore, this change does not require further NEPA analysis. FSA 
estimates that approximately 3 million acres would be eligible for 
early termination under this provision.

Managed Harvesting and Routine Grazing Payment Reduction

    As required by the 2014 Farm Bill, there will be a reduction in the 
annual rental payment of at least 25 percent for managed harvesting or 
routine grazing. This change clarifies the existing administrative 
procedure related to these practices. A reduction of 25 percent in the 
annual rental payment was analyzed in the 2010 CRP SEIS; that analysis 
is incorporated by reference. Therefore, these changes do not require 
further analysis in the SPEIS.

Transition Option Funding

    As specified in the 2014 Farm Bill, the funding authority to 
encourage the transfer of land from a retiring farmer or rancher to a 
beginning farmer or rancher, or a socially disadvantaged farmer or 
rancher, would be increased to $33 million and would expand the 
eligibility to include certain farmers or ranchers who are military 
veterans. This is a non-discretionary, administrative change and does 
not require further analysis in the SPEIS.

Emergency Haying and Grazing Payment Reduction

    As specified in the 2014 Farm Bill, harvesting, grazing, or other 
commercial use of the forage in response to a drought, flooding, or 
other emergency is authorized without any reduction in the rental rate. 
The socioeconomic effects of emergency haying and grazing on the local 
and regional communities where these activities could occur has been 
previously analyzed in the 2010 CRP SEIS and the ``2012 Environmental 
Assessment for Emergency Drought Response on Conservation Reserve 
Program Lands''; those analyses are incorporated by reference. 
Accordingly, this non-discretionary change does not require further 
analysis.

Prescribed Grazing Frequency

    FSA allows annual prescribed grazing for control of invasive 
plants. The 2010 CRP SEIS analyzed the impacts of prescribed grazing in 
compliance with a grazing plan, which is part of the Conservation Plan 
that includes frequency, timing, stocking rates, and type of grazing 
animal; that analysis is incorporated by reference. The 2014 Farm Bill 
provides clarification that such grazing can occur as determined in 
consultation with the State Technical Committee; this change does not 
require further analysis.

Alternatives

    Many elements of the 2014 Farm Bill are mandatory and therefore, 
non-discretionary or specifically required to be implemented. As FSA 
has no decision-making authority over those non-discretionary 
provisions of the 2014 Farm Bill, they are specified and assessed in 
the Draft SPEIS as part of the No Action Alternative.
    Other provisions in the 2014 Farm Bill provide overall guidance for 
CRP, but FSA has some discretion in how to implement those provisions. 
These discretionary aspects of the 2014 Farm Bill form the Proposed 
Action. In addition, FSA proposes to implement additional discretionary 
measures for targeting enrollment of environmentally sensitive lands 
and to expand the flexibility of emergency haying and grazing in 
drought-designated areas to provide necessary support to producers and 
ranchers during difficult times.
    The Draft SPEIS assesses the following two alternatives: The No 
Action Alternative and the Proposed Action Alternative.

No Action Alternative

    The No Action Alternative includes the following, each of which is 
discussed below:
     Grasslands eligibility and authorized activities; and
     Final year of contract.

Grasslands Eligibility and Authorized Activities

    The 2014 Farm Bill makes grasslands, which would have been 
previously eligible for the Grassland Reserve Program (GRP), eligible 
for enrollment in CRP. The eligibility of grasslands and authorized 
activities are the same as those previously defined for GRP. Grasslands 
enrollment would be limited to no more than 2 million acres at any 
given time and would count against the total CRP maximum enrollment 
authority. Enrollment would occur through Continuous Sign-up. 
Grasslands would be enrolled in 10- or 15-year contracts like other CRP 
acreage. Authorized activities on grasslands would differ from other 
CRP lands and include:
     Common grazing practices;
     Haying, mowing, or harvesting for seed production;
     Fire suppression, fire-related rehabilitation, and 
construction of fire breaks; and
     Grazing-related activities, such as fencing and livestock 
watering.

Final Year of Contract and Enrollment in New Program

    FSA allows a CRP participant to enroll expiring CRP land into the 
Conservation Stewardship Program during the year prior to the 
expiration of the CRP contract. FSA encourages agricultural and 
forestry producers to address resource concerns by undertaking 
additional conservation activities and improving and maintaining 
existing conservation systems. FSA pays participants for conservation 
performance--the higher the performance, the higher the payment. Land 
is enrolled in 5-year contracts through Continuous Sign-up. 
Furthermore, a stipulation in the 2014 Farm Bill would allow CRP land 
to be enrolled in a new program, the Agricultural Conservation Easement 
Program, without violation of the CRP contract. In general, the 
Agricultural Conservation Easement Program combines the purposes of the 
Wetlands Reserve Program, the GRP, and the Farm and Ranchlands 
Protection Program by enrolling land in long-term or permanent 
easements.

Proposed Action Alternative

    Some elements of the 2014 Farm Bill provide overall guidance but 
details of implementation are left to FSA's discretion. These 
discretionary aspects of the 2014 Farm Bill form the Proposed Action 
alternative. In addition to the 2014 Farm Bill mandatory provisions, 
FSA proposes to implement additional discretionary measures for 
targeting enrollment of environmentally sensitive lands and to expand 
the flexibility of emergency haying and grazing in drought designated 
areas. The components of the Proposed Action alterative include the 
following, each of which is discussed below:
     Targeted enrollment;
     Managed harvesting and routine grazing frequencies; and
     Emergency haying and grazing on additional conservation 
practices.

Targeted Enrollment

    Under the Proposed Action, in addition to the long-standing General

[[Page 41249]]

and Continuous Sign-up enrollment methods, FSA proposes to target 
enrollment of environmentally sensitive land through a reverse auction 
approach for select conservation practices. Targeted enrollment could 
enable FSA to meet the reduced CRP enrollment cap while preserving the 
ability to enroll land that would provide the greatest environmental 
benefit. This approach would be similar to Continuous Sign-up, but with 
an annual enrollment period, sign-up, and offer selection.

Managed Harvesting and Routine Grazing Frequencies

    As specified in the 2014 Farm Bill, FSA continues to allow for 
managed harvesting (hay or biomass) and routine grazing of CRP acres 
provided these activities are included in the Conservation Plan and are 
consistent with the conservation of soil, water quality, and wildlife 
habitat. Harvesting and grazing activities must still avoid the Primary 
Nesting Season. The State Technical Committee must develop appropriate 
vegetation management requirements and identify periods during which 
the activities could occur such that the frequency is:
     At least once every 5 years, but no more frequent than 
once every 3 years for managed harvesting; and
     Not more frequent than once every 2 years for routine 
grazing.

Emergency Haying and Grazing on Additional Conservation Practices

     The Proposed Action includes making additional 
conservation practices that are currently ineligible for any type of 
haying or grazing eligible for emergency haying and grazing to provide 
support to livestock producers during widespread drought conditions. 
Allowing haying and grazing on the proposed conservation practices in 
drought-designated areas would require concurrence and approval by 
certain State or federal agencies.

Public Involvement

    The Draft SPEIS provides a means for the public and any interested 
parties to provide comments about the CRP changes analyzed in the Draft 
SPEIS. The Draft SPEIS can be reviewed online at: http://www.fsa.usda.gov/FSA/webapp?area=home&subject=ecrc&topic=nep-cd or at 
http://crpspeis.com.
    FSA is having five public meetings to provide information and 
opportunities for discussing the changes to CRP specified by the 2014 
Farm Bill and analyzed in the Draft SPEIS. The public meetings will 
feature an Open House format and interested parties are invited to 
attend the meeting at any time during the allotted timeframe. Posters 
and informational handouts as well as FSA representatives will be 
available for the duration of the meeting to answer questions 
concerning the Draft CRP SPEIS. The meetings are also an opportunity 
for interested parties to officially provide comments on the Draft CRP 
SPEIS. The meetings will be held at the following locations:

------------------------------------------------------------------------
             Date                      Time         Location information
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July 21, 2014.................  6:00 p.m.-8:00     Hilton Garden Inn,
                                 p.m..              Spokane Airport,
                                                    9015 West SR Highway
                                                    2, Spokane,
                                                    Washington, 99224.
July 22, 2014.................  6:00 p.m.-8:00     Holiday Inn, Great
                                 p.m..              Falls, 1100 5th
                                                    Street, South Falls,
                                                    Montana, 59405.
August 4, 2014................  6:00 p.m.-8:00     Plains Cotton
                                 p.m.               Cooperative
                                                    Association, 3301
                                                    East 50th Street,
                                                    Lubbock, Texas,
                                                    79404.
August 5, 2014................  6:00 p.m.-8:00     Stillwater Library,
                                 p.m.               1107 S Duck Street,
                                                    Stillwater,
                                                    Oklahoma, 74074.
August 6, 2014................  6:00 p.m.-8:00     Courtyard By Marriott
                                 p.m.               and Moorhead Area,
                                                    Conference Center,
                                                    1080 28th Avenue,
                                                    South, Moorhead,
                                                    Minnesota, 56560.
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    Signed on July 11, 2014.
Juan M. Garcia,
Administrator, Farm Service Agency, and Executive Vice President, 
Commodity Credit Corporation.
[FR Doc. 2014-16711 Filed 7-14-14; 8:45 am]
BILLING CODE 3410-05-P
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