[Federal Register Volume 63, Number 77 (Wednesday, April 22, 1998)]
[Notices]
[Pages 19889-19893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10548]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service


Nutrient Management Technical and Program Assistance Activities

AGENCY: Natural Resources Conservation Service (NRCS), Agriculture.

ACTION: Notice of proposed policy revision.

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SUMMARY: Notice is hereby given of the intention of NRCS to adopt a 
revised policy for nutrient management related technical and program 
assistance activities. This revised policy will impact the NRCS 
national conservation practice standards for Nutrient Management (Code 
590) and Waste Utilization (Code 633).
DATES: Comments must be received by June 22, 1998. This revised policy 
will be adopted after the close of the 60 day comment period. It will 
be issued as part 503 of the NRCS National Agronomy Manual.

FOR FURTHER INFORMATION CONTACT: Questions or comments about this 
policy should be directed to Ecological Sciences Division, NRCS, 
Washington, D.C. Submit questions or comments in writing to Charles H. 
Lander, Nutrient Management Specialist, Natural Resources Conservation 
Service, P.O. Box 2890, Room 6155-S, Washington, D.C. 20013-2890.

SUPPLEMENTARY INFORMATION: Section 343 of the Federal Agriculture 
Improvement and Reform Act of 1996 requires the NRCS to make available 
for public review and comment proposed revisions to conservation 
practice standards used to carry out the highly erodible land and 
wetland provisions of the law. For the next 60 days the NRCS will 
receive comments relative to the proposed changes. Following that 
period a determination will be made by the NRCS regarding disposition 
of those comments and a final determination of change will be made.

    Signed in Washington, D.C., on April 6, 1998.
Pearlie S. Reed,
Chief, Natural Resources Conservation Service, Washington, D.C.

NATURAL RESOURCES CONSERVATION SERVICE

National Agronomy Manual, Subpart B--Nutrient Management; Proposed 
Policy

Policy Section

503.20 General

    (A) The following definitions apply to terms used in this 
policy.
    (1) Nutrient Management: Managing the amount, source, placement, 
form, and timing of the application of nutrients and soil amendments 
to ensure adequate soil fertility for plant production and to 
minimize the potential for environmental degradation, particularly 
water quality impairment.
    (2) Nutrient: Any of the elements considered essential for plant 
growth, particularly the primary nutrients; nitrogen, phosphorus, 
and potassium.
    (3) Conservation Management Unit (CMU): A field, group of 
fields, or other land units of the same land use and having similar 
treatment needs and planned management. A CMU is a grouping by the 
planner to simplify planning activities and facilitate development 
of conservation management systems. A CMU has definite boundaries, 
such as fence, drainage, vegetation, topography, or soil lines.
    (4) Nutrient Source: Any material (i.e. commercial fertilizer, 
animal manure, sewage sludge, irrigation water, etc.) that supplies 
one or more of the elements essential for plant growth.
    (5) Third Party Vendor: An individual (excluding Natural 
Resources Conservation Service (NRCS) employees) who has been 
certified by an approved certification organization as being 
qualified to provide specified types of conservation assistance, and 
whose certifying organization participates in the Department of 
Agriculture (USDA) Approved Vendor Process outlined in Part 504, 
``Conservation Assistance from Third Party Vendors'' of the NRCS 
Conservation Programs Manual. Third Party Vendor certification 
programs may include, but are not limited to:
    (a) Certified Crop Advisor (CCA) Program of the American Society 
of Agronomy.
    (b) Land Grant University certification programs.
    (c) National Alliance of Independent Crop Consultants (NAICC).
    (d) Professional engineering organizations.
    (6) Nutrient Management Specialist: A person who provides 
technical assistance for nutrient management and has the 
certification required by this policy.
    (7) Nutrient Management Plan: A documented record of how 
nutrients will be used for plant production. The content of such 
plans shall be developed in accordance with the provisions of this 
policy. Plans developed by NRCS employees shall be developed as a 
component of the more comprehensive conservation plan developed for 
the CMU.
    (B) The policy and procedures contained in this section are 
applicable to all technical assistance that involves nutrient 
management and/or the utilization of organic by-products, including 
animal manure, where nutrients are applied to the land. All NRCS 
employees shall follow these policies and procedures when providing 
such technical assistance. Third party vendors shall utilize these 
policies and procedures when assisting with the implementation of 
Federal conservation programs for which NRCS has national technical 
responsibility and that includes nutrient management components.
    (C) Nutrient management plans shall be developed in compliance 
with applicable Federal, State, and/or local regulation. This policy 
takes precedence over State and/or local regulations when such 
regulations are less restrictive than NRCS policy. In situations 
where State and/or local regulations are more restrictive than NRCS 
policy, they take precedence over this policy.
    (D) NRCS encourages third party vendors be a focal point for 
providing nutrient management and related technical assistance to 
farmers and others who apply nutrients for plant production. To 
promote third party vendor activity, NRCS will make available lists 
of names of persons certified to provide various types of technical 
assistance.
    (E) NRCS at the State level can supplement this policy to make 
it more restrictive or inclusive.

503.21 Certification

    (A) NRCS employees and third party vendors who review and/or 
approve new or revised nutrient management plans shall be certified 
by a certification program acceptable to NRCS within the pertinent 
State.
    (B) NRCS employees and third party vendors who review approved 
new or revised nutrient management plans may also be required to 
meet additional requirements as established by NRCS in the State in 
which they are employed.
    (C) The CCA program is recommended for use in States that have 
or use no other recognized certification programs in the State.

503.22 Nutrient Management Plans

    (A) All nutrient management plans are considered elements of the 
overall conservation plan for the CMU. As such, the provisions of 
the nutrient management plans shall recognize other requirements of 
the conservation plan and not include provisions that make it 
impossible for producers to comply with both the nutrient management 
provisions and other provisions of the conservation plan.
    (B) Nutrient management plans shall be developed in accordance 
with technical requirements of the NRCS Field Office Technical Guide 
(FOTG) and procedures contained in the National Planning Procedures 
Handbook. As a minimum, the following components shall be included 
in the description of a nutrient management plan where applicable.
    (1) Aerial Site Photographs or Maps and a Soil Map
    (2) Current and/or Planned Plant Production Sequence or Crop 
Rotation
    (3) Soil Test and Plant Tissue Test Results
    (4) A Complete Nutrient Budget for the Plant Production System
    (5) Realistic Yield Goals
    (6) Quantification of all important Nutrient Sources (this could 
include but not be limited to commercial fertilizer, animal manure 
and other organic by-products, irrigation water, atmospheric 
deposition, etc.).
    (7) Recommended Rates, Methods, and Timing of Nutrient 
Application
    (8) Location of Designated Sensitive Areas or Resources (if 
present on the conservation management unit).
    (9) Guidance for Implementation, Operation, and Maintenance
    (C) The format and appearance of nutrient management plans shall 
be in accordance with the NRCS National Planning Procedures Handbook 
and other guidelines adopted by NRCS in the State.
    (D) Except for situations described in Sections 503.24(c) and 
503.25(A)(3), all nutrient management plans shall be

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developed to meet the nutrient application requirements for a 
Resource Management System (RMS) level of treatment, as described in 
Section 503.24.
    (E) Progressive plans for nutrient management, described in 
Sections 503.24(C) and 503.25(A)(3), may be developed with existing 
operations that produce and apply animal manure or other organic by-
products to the land, when they lack the land resources needed to 
meet RMS nutrient application rate requirements.
    (F) If the conservation management unit lies within a hydrologic 
unit area that has been designated as having impaired water quality 
associated with nutrients, nutrient management plans shall include 
an assessment of the potential risk for nitrogen or phosphorus to be 
associated with the water quality impairment. The Nitrogen Leaching 
Index and/or Phosphorus Index (PI), or other acceptable assessment 
tools, may be used to make these assessments. When such assessments 
are required, nutrient management plans shall include:
    (1) A record of the site vulnerability ratings for each field.
    (2) Information about conservation practices and management 
actions that can reduce the potential for phosphorus movement from 
the field.
    (G) Review And Revision Of Nutrient Management Plans
    (1) The provisions of nutrient management plans shall be 
reviewed annually to determine if short term adjustments or 
modifications to the plan are needed for the next crop. The results 
of the review will be documented in the plan, as will the 
identification of the person who made the review.
    (a) Annual reviews may be completed by the producer or the 
representative of the producer. Persons completing the annual review 
are not required to be certified according to the provisions of 
Section 503.21 of this policy.
    (b) When an annual status review indicates that a revision of 
the plan is needed, the revised plan shall be approved by a 
certified nutrient management specialist.
    (2) A thorough review of the nutrient management plan shall be 
done on a regular cycle not to exceed five years or the length of 
the crop rotation. NRCS State Conservationists may require a more 
frequent review cycle. The plan shall be revised, as needed, to 
reflect significant changes in the operation that affect the overall 
nutrient budget.

503.23 Soil and Plant Tissue Testing

    (A) Current soil test information shall be used in the 
development of all nutrient management plans. As a minimum, tests 
will include information for pH, phosphorus, and potassium. NRCS 
State Conservationists may require other tests.
    (1) For the purposes of developing a new nutrient management 
plan, current soil tests are those that are no older than 1 year.
    (2) For the purpose of reviewing and revising previously 
developed nutrient management plans, current soil tests are those 
that are:
    (a) No older than five years.
    (b) Compliant with other guidance that requires other types of 
soil tests or more frequent soil test intervals as determined by the 
NRCS State Conservationists.
    (B) Soil Sampling
    (1) In general, soil samples shall be taken in accordance with 
Land Grant University guidance or standard industry practice if 
accepted by the Land Grant University within the State.
    (2) In situations where there are special production or 
environmental considerations, States may require other sampling 
techniques. For example:
    (a) Sub-soil sampling for residual nitrate in irrigated crop 
production systems.
    (b) Pre-sidedress Nitrogen Test (PSNT) and/or Pre-Plant Soil 
Nitrate test.
    (c) Sampling of the surface layer (0-2 inches) for elevated soil 
phosphorus or soil acidity when there is permanent vegetation, non-
inversion tillage, or when animal manure or other organic by-
products are broadcast or surface applied.
    (C) Soil test analysis shall be performed by laboratories that 
are accepted in one or more of the following programs:
    (1) State Certified Programs.
    (2) The North American Proficiency Testing Program (Soil Science 
Society of America).
    (3) Other laboratories whose tests are accepted by the Land 
Grant University in the State in which the tests are used as the 
basis for nutrient application.
    (D) NRCS State Conservationists may recommend the use of tissue 
analysis and other such tests when needed to insure acceptable 
nutrient management.
    (E) The nutrient content of animal manure and other organic by-
products shall be based on:
    (1) Laboratory analysis of the material.
    (2) Accepted book values recognized by NRCS in the absence of 
laboratory analysis.

503.24 Nutrient Application Rates

    (A) Except for situations described in Sections 503.24 (C) and 
503.25(A)(3), the actual rate of nutrient application of all plans 
shall be for a RMS level of treatment.
    (B) Actual nutrient application rates for an RMS shall not 
exceed the rates recommended based on soil test or other analysis, 
except for the application of phosphorus and potassium associated 
with the use of animal manure and other organic by-products. When 
animal manure or other organic by-products are land applied, the 
following guidance applies:
    (1) For phosphorus, one of the following options may be used to 
establish acceptable phosphorus application rates for an RMS:
    (a) When soil specific phosphorus threshold (TH) data is 
available that identifies the soil phosphorus level at which soluble 
losses of phosphorus in runoff become significant, the phosphorus 
application may be based upon the following guidance: Soil Test P 
Level, Allowed P Application Rates; <\3/4\TH Value, Nitrogen Based 
Application; =>\3/4\TH <1\1/2\TH, Crop Removal; =>1\1/2\TH <2TH, \1/
2\ Crop Removal; =>2TH, No Application;
    (b) When soil specific phosphorus threshold (TH) data is not 
available, the phosphorus application shall be based upon the 
following guidance: Soil Test P Level, Allowed P Application Rates; 
Low, Nitrogen Based Application; Medium, Nitrogen Based Application; 
High, 1.5 times Crop Removal; Very High, Crop Removal; Excessive, No 
Application;
    (2) No limit is placed on potassium application associated with 
manure or other organic by-products.
    (C) The nutrient application rates described in progressive 
plans shall meet RMS requirements, except for the application of 
phosphorus. Initially, planned phosphorus application rates in 
progressive plans may be based on a nitrogen standard for the 
utilization of animal manure or other organic by-products.

503.25 Special Considerations

    (A) When developing nutrient management plans that include the 
use of manure or other organic by-products:
    (1) All nutrient management plans developed in accordance with 
Section 503.24(A) shall identify adequate land resources to enable 
eventual plan implementation based on phosphorus, even when initial 
implementation will be based on nitrogen, unless other provisions 
that do not involve land application are made for utilizing the 
manure. Such plans shall identify the year in which the producer may 
need access to these additional land resources to move to a 
phosphorus base for future implementation of the plan.
    (2) The nutrient management plans shall include a field-by-field 
assessment of the potential risk for phosphorus to be associated 
with water quality impairment. This assessment may be accomplished 
using the Phosphorus Index or other recognized assessment tool.
    When a phosphorus assessment is completed, the nutrient 
management plans shall describe:
    (a) A record of the vulnerability ratings for each field.
    (b) Information about other conservation practices and 
management activities that can reduce the potential for phosphorus 
movement from the field.
    (3) Progressive plans developed with producers who do not have 
adequate land resources to develop and implement a plan based on 
phosphorus shall:
    (a) Be developed on a ``case-by-case'' basis with individual 
producers.
    (b) Include conservation practices and management activities 
designed to move the producer toward a plan that meets the 
requirements described in Section 503.24(A) within 10 years. Such 
plans shall include milestones (installation schedules) that 
identify actual movement toward an RMS during the progressive 
planning period.
    (c) Be effective for a period not to exceed 10 years. The 
initial progressive plan shall be for a period not to exceed five 
years. A second five-year progressive plan may be developed if it is 
still impossible to meet the requirements of Section 503.24(A), but 
progress has been shown during the first five-year period.
    (B) When nutrient management plans are developed and implemented 
in a way that results in expected increases in soil phosphorus 
levels, the plans shall include:

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    (1) Discussion about the potential for phosphorus accumulation 
in the soil and for such accumulation to contribute to water quality 
impairment, animal health, or crop production problems.
    (2) Discussion of the time interval after which it may be 
desirable (or necessary) to convert to phosphorus based manure 
application rates for plan implementation.
    (3) Discussion of the potential for soil phosphorus draw-down 
from the production and harvesting of crops.
    (C) In areas with specially protected water bodies, plans shall 
be developed incorporating any special requirements that are 
applicable within these areas.
    (D) Land application of sewage sludge.
    (1) When sewage sludge is applied to agricultural land, the 
accumulations of potential pollutants from such sources (including: 
Arsenic, Cadmium, Copper, Lead, Mercury, Selenium, and Zinc) in the 
soil shall be monitored in accordance with the US Code Reference 40 
CFR Parts 403 and 503 or applicable State laws. States may determine 
if such provisions shall also be required for the land application 
of animal manure and other organic by-products that contain any of 
these metals.
    (2) Sewage sludge shall be analyzed prior to land application to 
determine its nutrient value.
    (3) Acceptable application rates of sewage sludge shall be 
determined using guidelines in this policy, or applicable Federal, 
State or local regulations.
    (E) When producing ``fresh, edible crops for the produce market, 
like vegetables, root, or tuber crops'' and using sewage sludge, 
animal manure, or other organic materials as a source of nutrients, 
applications shall be in accordance with provisions of applicable 
Federal, State, local laws or policies laws.

503.26  Record Keeping

    (A) Records will be kept by the producer for nutrient management 
and waste utilization plans in accordance with this policy, the NRCS 
General Manual, and the FOTG. As a minimum, the following records 
shall be kept by fields or management units:
    (1) Soil test results and recommended nutrient application 
rates.
    (2) Quantities and sources of nutrients applied; and heavy 
metals if applicable.
    (3) Specific dates nutrients were applied.
    (4) Methods by which nutrients were applied (e.g., broadcast, 
incorporated after broadcast), injected, or fertigation).
    (5) Crops planted and dates of planting.
    (6) Harvest dates and yields of crops.
    (7) Where applicable, results of water quality tests (including 
irrigation water), plant tissue, or other organic by-products tests.
    (8) Annual reviews including the identification of the person 
completing the review and recommendations that resulted from the 
review.
    (B) Records shall be retained for a period of five years, for a 
period equal to the implementation period of the plan if longer than 
five years, or for a period longer than five years if specified by 
other Federal or State agencies.

BILLING CODE 3410-16-M

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[GRAPHIC] [TIFF OMITTED] TN22AP98.000



[FR Doc. 98-10548 Filed 4-21-98; 8:45 am]
BILLING CODE 3410-16-C