[Federal Register Volume 62, Number 67 (Tuesday, April 8, 1997)]
[Rules and Regulations]
[Pages 16659-16662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8943]



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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 
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Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Rules 
and Regulations

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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

7 CFR Parts 600 and 601


Organization and Functions

AGENCY: Natural Resources Conservation Service, USDA.

ACTION: Final rule.

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SUMMARY: The Natural Resources Conservation Service revises the 
information on the organization and functions to reflect changes as a 
result of the USDA reorganization.

EFFECTIVE DATE: January 30, 1997.

FOR FURTHER INFORMATION CONTACT:
Peter Zeck, 202-690-4860.

SUPPLEMENTARY INFORMATION:

Rulemaking Analyses

    EO 12291: Non-major.
    Regulatory Flexibility Act: No significant impact.
    Paperwork Reduction Act: No significant impact.
    National Environmental Policy Act: Exempt.

List of Subjects in 7 CFR Parts 600 and 601

    Functions and organization (Government agencies).

    For the reason stated in the preamble, CFR Chapter 7 is amended by 
revising Parts 600 and 601 to read as follows.

PART 600--ORGANIZATION

Sec.
600.1  General.
600.2  National headquarters.
600.3  Regional offices.
600.4  State offices.
600.5  Area offices.
600.6  Field offices.
600.7  Specialized field offices.
600.8  Plant materials centers.

    Authority: 7 U.S.C. 6962.


Sec. 600.1  General

    (a) The Natural Resources Conservation Service (NRCS) was 
authorized by the Federal Crop Insurance Reform and Department of 
Agriculture Reorganization Act of 1994 (Pub. L. 103-354, 7 U.S.C. 6901 
note) and established by Secretary's Memorandum 1010-1 (2.b.6), 
Reorganization of the Department of Agriculture, to provide national 
leadership in the conservation, development, and productive use of the 
Nation's natural resources. Such leadership encompasses soil, water, 
air, plant, and wildlife conservation with consideration of the many 
human (economic and sociological) interactions with these resources. 
NRCS is the Federal agency that works with landowners on private lands 
to help them conserve their natural resources. NRCS employees are 
highly skilled in many scientific and technical specialities, including 
soil science, soil conservation, agronomy, biology, agroecology, range 
conservation, forestry, engineering, geology, hydrology, wetlands 
science, cultural resources, and economics. NRCS was formerly the Soil 
Conservation Service (SCS) which was established by the Soil 
Conservation Act of 1935 (Pub. L. 74-46, 49 Stat. 163 (16 U.S.C. 590 
(a-f))). NRCS has responsibility for the three major areas covered by 
SCS--soil and water conservation, natural resource surveys (soil 
surveys, resources inventory, snow surveys, and water supply 
forecasting), and community resource protection and management 
(watershed projects, river basin studies and investigations, resource 
conservation and development areas, land evaluation and site 
assessment, and emergency watershed protection)--the Wetland Reserve 
Program, Environmental Quality Incentives Program, Grazing Lands 
Conservation Initiative, Farmland Protection Program, Wildlife Habitat 
Incentives Program, and Forestry Incentives Program.
    (b) The NRCS organization consists of a National Headquarters 
located in Washington, D.C.; six regional offices; 50 state offices and 
equivalent offices in the Caribbean Area and the U.S. Trust Territories 
of the Pacific Basin Area; approximately 2,500 field offices and 300 
specialized offices; 28 plant materials centers; eight national 
centers; and eight natural resources institutes. NRCS is headed by a 
Chief who reports to the USDA Under Secretary for Natural Resources and 
Environment.


Sec. 600.2   National headquarters.

    (a) Chief. The Chief, with assistance of the Associate Chief, is 
responsible for administering a coordinated national program of natural 
resource conservation; planning, directing, and coordinating all 
program, technical, and administrative activities of NRCS; developing 
policies and procedures; correlating NRCS conservation programs with 
other agencies; accepting departmental leadership for programs for 
other activities assigned by the Secretary of Agriculture; and serving 
as Equal Employment Opportunity Officer for NRCS.
    (b) Deputy Chiefs. Four deputy chiefs assist the Chief as follows:
    (1) Deputy Chief for Management. The Deputy Chief for Management is 
responsible for management services, operations management and 
oversight, human resources management, civil rights employment, 
financial management, information technology, administrative support 
(providing a coordinated administrative management program for National 
Headquarters activities), special projects, and controlled 
correspondence. This deputy chief is also responsible for the 
activities of three national centers: Business management, information 
technology, and employee development.
    (2) Deputy Chief for Programs. The Deputy Chief for Programs is 
responsible for conservation operations, watershed planning, wetlands 
restoration, community assistance, resource conservation and 
development, USDA program outreach, civil rights program compliance, 
budget formulation and analysis, and international conservation.
    (3) Deputy Chief for Soil Survey and Resource Assessment. The 
Deputy Chief for Soil Survey and Resource Assessment is responsible for 
soil survey, resource inventory, and resource assessment and strategic 
planning. This deputy chief is also responsible for the activities of 
two national centers: soil survey and cartography and geospatial.
    (4) Deputy Chief for Science and Technology. The Deputy Chief for 
Science and Technology is responsible for the ecological sciences, 
conservation engineering, institutes, and resource economics and social 
sciences division.

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This deputy chief is also responsible for the activities of three 
nation centers (water and climate, soil mechanics, and plant data) and 
eight institutes. This deputy chief, working closely with the deputy 
chiefs for Management and Soil Survey and Resource Assessment, provides 
overall direction for the National Science and Technology Consortium.
    (c) National Science and Technology Consortium. The consortium 
consists of four divisions, three centers, eight technical institutes, 
and several cooperating scientists under the Deputy Chief for Science 
and Technology; two divisions and two centers under the Deputy Chief 
for Soil Survey and Resource Assessment; and three centers under the 
Deputy Chief for Management.
    (1) Centers. The eight centers provide specific products and 
services that maintain and enhance the technical quality of the agency. 
The centers are: water and climate, soil mechanics, plant data, soil 
survey, cartography and geospatial, information technology, business 
management, and employee development.
    (2) Institutes. The eight institutes are: soil quality, natural 
resources inventory and analysis, grazing lands technology, social 
sciences, watershed science, wetlands science, wildlife habitat 
management, and information technology. The institutes acquire, 
develop, and transfer needed technology in special emphasis areas so 
field employees can better serve their customers. The institutes often 
establish partnerships with other Federal agencies, universities, and 
public and private organizations.
    (3) Cooperating Scientists. Cooperating scientists work in the 
areas of soil erosion and sedimentation, air quality, and agroforestry. 
These scientists are located at various universities and research 
centers.
    (d) Legislative Affairs. The Legislative Affairs Staff provides 
coordination and assistance to the Chief on legislative affairs issues 
and activities.
    (e) Conservation Communication. The Conservation Communication 
Staff is responsible for communications, volunteer programs, 
conservation education, and public affairs activities.
    (f) Strategic Natural Resource Issues. The Strategic Natural 
Resource Issues Staff is responsible for coordinating priority 
strategic issues as determined by the Chief.


Sec. 600.3  Regional offices.

    Each regional office is under the direction and supervision of a 
regional conservationist. Regional offices direct, coordinate, and 
integrate all phases of NRCS programs and activities, and address the 
total natural resource needs of the region. Regional offices are 
located in Beltsville, Maryland; Atlanta, Georgia; Fort Worth, Texas; 
Madison, Wisconsin; Lincoln, Nebraska; and Sacramento, California.


Sec. 600.4  State offices.

    Each office is under the direction and supervision of a State 
conservationist. Each State conservationist is responsible for NRCS 
programs in a State. The Pacific Basin Area Office, under the direction 
and supervision of a director, serves the U.S. Trust Territories in 
that area. The Caribbean Area Office, under the direction and 
supervision of a director, serves the Commonwealth of Puerto Rico and 
the U.S. Virgin Islands. Directors of the Pacific Basin and Caribbean 
areas have the same responsibility and authority as a State 
conservationist. All references to State conservationist in this 
chapter include the directors of the Pacific Basin and Caribbean areas.


Sec. 600.5   Area offices.

    Each area office is under the direction and supervision of an area 
conservationist or assistant State conservationist for field operations 
who is responsible for NRCS activities in the geographical area served 
by the area office. Usually the geographical area includes multiple 
field offices and counties. Many area offices now consist of teams 
working on a watershed or other geopolitical basis.


Sec. 600.6   Field offices.

    Each field office is under the direction and supervision of a 
district conservationist who is responsible for NRCS activities in the 
geographical area served by the field office. Usually the geographical 
area of a field office includes one or more conservation districts and 
one or more counties. Field offices are generally collocated with other 
USDA agencies in USDA Service Centers.


Sec. 600.7   Specialized field offices.

    Other field offices serve specialized activities, such as watershed 
protection and flood reduction projects, construction projects, 
resource conservation and development areas, and soil survey 
activities. Direction and supervision of these offices are designated 
by State conservationists.


Sec. 600.8   Plant materials centers.

    Plant materials centers (PMC) assemble and test plant species for 
conservation uses. Usually a PMC serves two or more States, and is 
under the jurisdiction of the State conservationist where the center is 
located. Each PMC is directed and supervised by a manager who is 
responsible to a State office specialist/manager who is responsible to 
a State office specialist/manager as designated by the State 
conservationist.

PART 601--FUNCTIONS

Sec.
601.1  Functions assigned.
601.2  Functions reserved to the Secretary of Agriculture.
601.3  Natural disaster assistance.
601.4  Defense responsibilities.

    Authority: 7 U.S.C. 1010-1011; 16 U.S.C. 590a-590f, 1001-1008, 
2001-2009, 2203-2205, 3801 et seq.; 33 U.S.C. 701b-1.


Sec. 601.1   Functions assigned.

    The Natural Resources conservation Service (NRCS) is the Federal 
agency that works with private landowners to conserve their natural 
resources. NRCS employees help land users and communities approach 
conservation planning and implementation with an understanding of how 
natural resources relate to each other and to people--and how human 
activities affect those resources. The agency emphasizes voluntary, 
science-based assistance, partnerships, and cooperative problem solving 
at the community level. The mission of NRCS is to work on the Nation's 
non-Federal lands to conserve, improve, and sustain natural resources. 
The following functions support the mission.
    (a) NRCS facilitates and provides conservation technical assistance 
at the local level that helps people assess their natural resource 
conditions and needs, set goals, identify programs and other resources 
to address those needs, develop proposals and recommendations, 
implement solutions, and measure their success. The agency's role is to 
assist with:
    (1) Resource inventories,
    (2) Resource assessments,
    (3) Planning assistance, and/or
    (4) Technical assistance.
    (b) NRCS provides technical assistance through local conservation 
districts to land users, communities, watershed groups, Federal and 
State agencies, other partners, and customers.
    (c) NRCS provides assistance on a voluntary basis.
    (d) The agency's work focuses on soil, water, air, plant, and 
animal conservation including erosion reduction, water quality 
improvement, wetland restoration and protection, fish and wildlife 
habitat improvement, range management, stream restoration, water 
management, and other natural resource issues.

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    (e) NRCS has general responsibility for administration of the 
following programs:
    (1) Conservation operations, authorized by the Soil Conservation 
Act of 1935 and the Soil and Water Resources Conservation Act of 1977. 
Activities include:
    (i) Conservation technical assistance to land users, communities, 
units of State and local government, and other Federal agencies in 
planning and implementing natural resource solutions to reduce erosion, 
improve soil and water quantity and quality, improve and conserve 
wetlands, enhance fish and wildlife habitat, improve air quality, 
improve pasture and range conditions, reduce upstream flooding, and 
improve woodlands. Assistance is also provided to implement the highly 
erodible land (HEL) and wetland conservation (Swampbuster) provisions, 
Wetlands Reserve Program (WRP), and Conservation Reserve Program (CRP) 
in the 1985 Food Security Act, as amended by the Food, Agriculture, 
Conservation and Trade Act of 1990 and Federal Agriculture Improvement 
and Reform Act of 1996. NRCS technical field staff make HEL and wetland 
determinations and assist land users to develop and implement 
conservation plans needed to ensure compliance with the law. NRCS is 
also the lead Federal agency for delineating wetlands on agricultural 
lands for purposes of implementing both the provisions of the Food 
Security Act and Section 404 of the Clean Water Act.
    (ii) Soil surveys which provide the public with local information 
on the uses and capabilities of their soil resource. Soil surveys are 
based on scientific analysis and classification of the soils and are 
used to determine land capabilities and conservation treatment needs. 
Surveys are conducted cooperatively with other Federal agencies, land 
grant universities, State agencies, and local units of government. NRCS 
is the world leader in soil classification and soil mapping, and is 
expanding into soil quality.
    (iii) Snow survey and water supply forecasts that provide western 
States and Alaska with vital information and forecasts of seasonable 
variable water supplies. NRCS field staff in cooperation with 
partnering organizations manually collect data from 850 remote high 
mountain sites. Data is electronically collected from an additional 600 
SNOTEL (automated snowpack telemetry network) sites. In cooperation 
with the National Weather Service, the data is assembled and analyzed. 
Then, NRCS staff develop seasonal water supply forecasts.
    (iv) Plant Material Centers assemble, test, and encourage increased 
plant propagation and usefulness of plant species for biomass 
production, carbon sequestration, erosion reduction, wetland 
restoration, water quality improvement, streambank and riparian area 
protection, coastal dune stabilization, and to meet other special 
conservation treatment needs. The work is carried out cooperatively 
with State and Federal agencies, private organizations, commercial 
businesses, and seed and nursery associations. After species are 
proven, they are released to the private sector for commercial 
production.
    (2) Conservation programs in the Federal Agriculture Improvement 
and Reform Act of 1996, most of which are funded by the Commodity 
Credit Corporation (CCC). NRCS provides leadership and technical 
assistance for the following programs:
    (i) Environmental Quality Incentives Program (EQIP). EQIP provides 
a single, voluntary conservation program for farmers and ranchers who 
face serious threats to soil, water, and related natural resources. 
Nationally, it provides technical, financial, and educational 
assistance, half of it targeted to livestock-related natural resource 
problems and half to more general conservation priorities.
    (ii) Wetlands Reserve Program (WRP). WRP is a voluntary program to 
restore and protect wetlands on private property. It provides an 
opportunity for landowners to receive financial incentives to enhance 
wetlands in exchange for retiring marginal agricultural land.
    (iii) Wildlife Habitat Incentives Program (WHIP). WHIP is a 
voluntary program for people who want to develop and improve wildlife 
habitat on private lands. It provides both technical assistance and 
cost sharing to help establish and improve fish and wildlife habitat.
    (iv) Farmland Protection Program (FFP). This program provides funds 
to help purchase development rights to keep productive farmland in 
agricultural use. Working through existing programs, USDA joins with 
State, tribal, or local governments to acquire voluntary conservation 
easements or other interests from landowners.
    (v) Forestry Incentives Programs (FIP). FIP supports good forest 
management practices on privately owned, non-industrial forest lands 
nationwide. FIP is designed to benefit the environment while meeting 
future demands for wood products. Although not funded by CCC, Section 
373 of the Federal Agriculture Improvement and Reform Act of 1996 
extended the program under discretionary appropriations.
    (3) Resource Conservation and Development (RC&D) Program, 
authorized by Section 102 of the Flood and Agriculture Act of 1962 
(Pub. L. 87-702) and Sections 1528-1538 of the Agriculture and Food Act 
of 1981 (Pub. L. 97-98). This program is initiated and directed at the 
local level by volunteers who involve multiple communities, various 
units of government, municipalities, and grassroots organizations. RC&D 
is a catalyst for civic-oriented groups to share knowledge and 
resources in a collective attempt to solve common problems. The program 
offers aid in balancing the environmental, economic, and social needs 
of an area.
    (4) Rural Abandoned Mine Program (RAMP) and other responsibilities 
assigned under the Surface Mining Control and Reclamation Act of 1977 
(Pub. L. 95-87). Under RAMP, NRCS provides technical and financial 
assistance to landowners to reclaim certain abandoned coal-mined lands. 
This assistance can be used to reclaim these lands for approved uses, 
which include pasture, range, woodland, cropland, noncommercial 
recreation, and wildlife habitat. The program's first priority is to 
protect public health, welfare, safety, and property from hazards 
caused by past surface coal mining or by surface effects of deep 
mining.
    (5) Watershed surveys and planning, authorized by the Watershed 
Protection and Flood Prevention Act (Pub. L. 83-566, Section 6 (16 
U.S.C. 1001-1008)). This 1996 appropriations act combined the Small 
Watershed Planning and the River Basin Surveys and Investigations 
programs into a new program called the Watershed Surveys and Planning 
Program. The program involves cooperation with other Federal, State, 
and local agencies to conduct watershed planning, river basin surveys 
and investigations, flood hazard analysis, and flood plain management 
assistance, which aid in the development of coordinated water resource 
programs, including the development of guiding principles and 
procedures.
    (6) Watershed and flood prevention operations include the following 
activities:
    (i) Watershed operations authorized by the Flood Control Act of 
1944. Flood prevention operations include: Planning and installing 
works of improvement and land treatment measures; conservation, 
development, utilization, and disposal of water; and reduction of 
sedimentation and erosion damages.

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This may also include the development of recreational facilities and 
the improvement of fish and wildlife habitat.
    (ii) The Emergency Watershed Protection (EWP) Program, authorized 
by Section 216 of the Flood Control Act of 1950 (Pub. L. 81-516) and 
Section 403 of Title IV of the Agricultural Credit Act of 1978 (Pub. L. 
95-334). EWP provides assistance to reduce hazards to life and property 
in watersheds damaged by severe natural events. Emergency work includes 
establishing quick vegetative cover on denuded land, sloping steep 
land, and eroding banks; opening dangerously restricted channels; 
repairing diversions and levees; and other emergency work. NRCS 
provides technical and financial assistance for disaster cleanup; 
stream corridor, wetland, and riparian area restoration; and urban 
planning and site location assistance to the Federal Emergency 
Management Agency (FEMA) when relocating communities out of flood 
plains.
    (iii) The Watershed Protection and Flood Prevention Act (Pub. L. 
83-566), also known as the Small Watersheds Program. This program 
provides for cooperation with local sponsors, State, and other public 
agencies in the installation of planned works of improvement and land 
treatment measures in approved watershed projects. Eligible measures 
include flood prevention, water conservation, recreation, agricultural 
water management, flood plain easements, municipal and industrial 
water, and rural water supply.


Sec. 601.2   Functions reserved to the Secretary of Agriculture.

    (a) Designation of new Resource Conservation and Development (RC&D) 
areas. Once designated, these areas may receive RC&D Program assistance 
from NRCS.
    (b) Administration of the Soil and Water Resources Conservation Act 
of 1977 (Pub. L. 95-192) to conduct an appraisal and develop a national 
conservation program every five years.


Sec. 601.3   Natural disaster assistance.

    (a) To assist in emergencies caused by natural disasters, NRCS may:
    (1) Provide technical and financial assistance under authority of 
Section 216 of the Flood Control Act of 1950 (Pub. L. 81-516, Stat. 
184, 33 U.S.C. 701b) and Section 403 of Title IV of the Agricultural 
Credit Act of 1978 (Pub. L. 95-334).
    (2) Provide technical assistance for rehabilitation of land and 
conservation systems for which other U.S. Department of Agriculture 
agencies provide cost sharing.
    (3) Provide technical assistance on rehabilitation of rural lands 
damaged by natural disaster.
    (4) Provide assistance in evaluating the severity of the disaster, 
assessing problems created, and determining the amount and kind of 
emergency work needed for restoration.
    (5) Provide available information, maps, and reports on projects 
described in Parts 621, 622, 623, and 640 of Section 216 of the Flood 
Control Act of 1950.
    (6) Provide assistance in locating heavy earthmoving equipment.
    (7) Make light trucks and other types of NRCS transportation 
equipment available for emergency use.
    (8) Provide technical assistance in locating alternate routes when 
existing roads and highways cannot be used.
    (b) In a disaster, it is the responsibility of the state 
conservationist to determine the extent of NRCS assistance. In 
presidentially-declared disasters, NRCS coordinates emergency 
assistance with the Federal Emergency Management Agency (FEMA).


Sec. 601.4   Defense responsibilities.

    In the event of nuclear attack, NRCS is responsible for providing:
    (a) Technical guidance, based upon results of radiological 
monitoring and the extent of radiological contamination to farmers, 
ranchers, and others relating to:
    (1) The selection and use of land for agricultural production.
    (2) The harvesting of crops.
    (3) The use of crops stored on the farm.
    (4) The use, conservation, disposal, and control of water to insure 
adequate usable water for agricultural purposes and to prevent floods.
    (5) The safety of livestock.
    (b) Basic soil information, land use guides, and onsite technical 
assistance in selecting land for production and in applying practices 
to increase production of food and fiber with maximum efficiency.
David C. White,
Director, Conservation Communications Staff, Natural Resources 
Conservation Service.
[FR Doc. 97-8943 Filed 4-7-97; 8:45 am]
BILLING CODE 3410-16-M