[Federal Register Volume 74, Number 65 (Tuesday, April 7, 2009)]
[Proposed Rules]
[Pages 15673-15677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7771]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / 
Proposed Rules

[[Page 15673]]



DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

7 CFR Part 610


State Technical Committees

AGENCY: Natural Resources Conservation Service (NRCS), United States 
Department of Agriculture (USDA).

ACTION: Standard operating procedures for State Technical Committees.

-----------------------------------------------------------------------

SUMMARY: Section 1261(b)(1) of the Food Security Act of 1985, as 
amended by the Food, Conservation, and Energy Act of 2008 (2008 Act) 
requires the Secretary of Agriculture to develop standard operating 
procedures to standardize the operations of State Technical Committees. 
NRCS published an interim final rule for State Technical Committees, 7 
CFR part 610, in the Federal Register on November 25, 2008, that states 
NRCS will incorporate standard operating procedures for State Technical 
Committees into its directives system and provide public notice of 
those procedures. NRCS seeks public comment on this document that 
includes the current NRCS standard operating procedures as set forth in 
the NRCS directives system.

DATES: Comment Date: Submit comments on or before June 8, 2009.

ADDRESSES: You may send comments using any of the following methods:
    <bullet> Government-wide rulemaking Web site: Go to http://regulations.gov and follow the instructions for sending comments 
electronically.
    <bullet> Mail: Conservation Technical Assistance Programs Division, 
U.S. Department of Agriculture, Natural Resources Conservation Service, 
1400 Independence Avenue, SW., Room 6015 South Building, Washington, DC 
20250-2890.
    <bullet> Fax: (202) 720-2998
    <bullet> Hand Delivery: Room 6015 of the USDA South Office 
Building, 1400 Independence Avenue, SW., Washington, DC 20250, between 
9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. 
Please ask the guard at the entrance to the South Building to call 
(202) 720-8851 in order to be escorted into the building.
    <bullet> This notice may be accessed via Internet. Users can access 
the NRCS homepage at http://www.nrcs.usda.gov/; select the Farm Bill 
link from the menu. 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 and TDD).

FOR FURTHER INFORMATION CONTACT: Andree DuVarney, Branch Chief, 
Conservation Technical Assistance, Conservation Planning and Technical 
Assistance Division, U.S. Department of Agriculture, Natural Resources 
Conservation Service, PO Box 2890, Room 6015--South Building, 
Washington, DC 20013-2890; telephone: (202) 720-1510; fax: (202) 720-
2998; or e-mail: <a href="/cdn-cgi/l/email-protection#b4e7e0f78684848cf4c3d0d79ac1c7d0d59ad3dbc2"><span class="__cf_email__" data-cfemail="93c0c7d0a1a3a3abd3e4f7f0bde6e0f7f2bdf4fce5">[email protected]</span></a>, Attn: State Technical 
Committees.

SUPPLEMENTARY INFORMATION: 

Background

    NRCS establishes its policies and procedures through its directives 
system. The NRCS national policy for State Technical Committees, 
including standard operating procedures, can be accessed through the 
NRCS directives system at: http://directives.sc.egov.usda.gov/. In 
particular, the standard operating procedures for the State Technical 
Committees can be found in the Programs Manual (440), Part 501, Subpart 
B of the NRCS Directives System. NRCS has reprinted the current 
standard operating procedures in this notice. NRCS reserves the right 
to update its policy on State Technical Committees, including standard 
operating procedures, without further Federal Register notice.

State Technical Committee Standard Operating Procedures

Part 501

Subpart B--State Technical Committees

501.10 Overview of State Technical Committees

(a) Introduction
    The Secretary is required to establish a technical committee in 
each State to advise on the implementation and technical aspects of 
natural resource conservation programs and activities under Title XII 
of the Food Security Act of 1985 (the 1985 Act), as amended.
(b) Statutory Authority
    Sections 1261 and 1262 of the 1985 Act, as amended, establish the 
State Technical Committees and define their legal roles and 
responsibilities.
(c) Delegation of Responsibility to NRCS
    The Secretary delegated responsibility for establishing technical 
committees to NRCS. Although the State Conservationist chairs the 
committee, State Technical Committees may be used in an advisory 
capacity by other USDA agencies.
(d) Exemption From the Federal Advisory Committee Act
    Section 1262 of the 1985 Act, as amended, exempts State Technical 
Committees and Local Working Groups (Part 501.14) from the Federal 
Advisory Committee Act requirements.

501.11 Roles and Responsibilities of State Technical Committees

(a) Introduction
    State Technical Committees provide information, analysis, and 
recommendations to appropriate officials of USDA who are charged with 
implementing and establishing priorities and criteria for natural 
resources conservation activities and programs under Title XII of the 
1985 Act, as amended. Although State Technical Committees are advisory 
in nature and have no implementation or enforcement authority, USDA 
gives strong consideration to the State Technical Committees' 
recommendations.
(b) Roles and Responsibilities Related to All Programs
    Each State Technical Committee will provide information, analysis, 
and recommendations for the following programs and initiatives, as 
needed and where applicable:
    <bullet> Agricultural Water Enhancement Program
    <bullet> Chesapeake Bay Watershed Initiative
    <bullet> Conservation Compliance
    <bullet> Conservation Innovation Grants
    <bullet> Conservation Reserve Program

[[Page 15674]]

    <bullet> Conservation Security Program
    <bullet> Conservation Stewardship Program
    <bullet> Conservation of Private Grazing Land
    <bullet> Cooperative Conservation Partnership Initiative
    <bullet> Environmental Quality Incentives Program
    <bullet> Farm and Ranch Lands Protection Program
    <bullet> Grassland Reserve Program
    <bullet> Grassroots Source Water Protection Program
    <bullet> Grazing Lands Conservation Initiative
    <bullet> Great Lakes Basin Program
    <bullet> Technical Service Providers
    <bullet> Voluntary Public Access and Habitat Incentive Program
    <bullet> Wetlands Reserve Program
    <bullet> Wildlife Habitat Incentive Program
(c) Example Recommendations
    Such recommendations may include, but are not limited to:
    <bullet> Priority natural resource concerns in the State;
    <bullet> Criteria for priority watersheds for programmatic focus;
    <bullet> Appropriate mix of conservation programs and practices to 
address natural resource concerns, including coordination with relevant 
State and Tribal programs;
    <bullet> Cost-share rates as applied in payment schedules for 
conservation practices;
    <bullet> Techniques for outreach to historically underserved 
citizens;
    <bullet> Criteria to be used in ranking program applications;
    <bullet> Conservation practice standards; and
    <bullet> Innovative conservation practices and approaches.
(d) Review of Local Working Groups
    Annually, the State Technical Committees will review whether Local 
Working Groups are addressing State priorities and criteria for ranking 
program applications.
(e) Role of the State Conservationist
    The State Conservationist will:
    <bullet> Chair the committee;
    <bullet> Ensure representation of all interests, to the extent 
practicable:
    <bullet> Give strong consideration to the committee's advice on 
NRCS programs, initiatives, and activities;
    <bullet> Call and provide notice of public meetings;
    <bullet> Follow the Standard Operating Procedures; and
    <bullet> Provide other USDA agencies with recommendations from the 
State Technical Committee for programs under their purview.

501.12 State Technical Committee Membership

(a) Introduction
    Each State Technical Committee will be composed of agricultural 
producers, owners/operators of nonindustrial private forest land, and 
other professionals that represent a variety of interests and 
disciplines in the soil, water, wetland, plant, and wildlife sciences.
(b) Composition
    The State Technical Committee for each State shall include 
representatives from among the following:
    <bullet> Natural Resources Conservation Service, USDA;
    <bullet> Farm Service Agency (FSA), USDA;
    <bullet> FSA State Committee, USDA;
    <bullet> Forest Service, USDA;
    <bullet> National Institute of Food and Agriculture, USDA;
    <bullet> Each of the Federally recognized American Indian Tribal 
Governments and Alaskan Native Corporations encompassing 100,000 acres 
or more in the State;
    <bullet> Association of soil and water conservation districts;
    <bullet> State departments and agencies within the State, including 
the:
    1. Agricultural agency;
    2. Fish and wildlife agency;
    3. Forestry agency;
    4. Soil and water conservation agency; and
    5. Water resources agency.
    <bullet> Agricultural producers representing the variety of crops 
and livestock or poultry raised within the State;
    <bullet> Owners of nonindustrial private forest land;
    <bullet> Nonprofit organizations, within the meaning of section 
501(c)(3) of the Internal Revenue Code of 1986, with demonstrable 
conservation expertise and experience working with agricultural 
producers in the State; and
    <bullet> Agribusiness.
(c) Other Members
    The State Conservationist will invite other Federal agencies and 
persons knowledgeable about economic and environmental impacts of 
conservation techniques and programs to participate, as needed.
(d) Ensuring Diversity
    To ensure that recommendations of the State Technical Committee 
take into account the needs of diverse groups served by USDA, 
membership will include, to the extent practicable, individuals with 
demonstrated ability to represent the conservation and related 
technical concerns of particular historically underserved groups and 
individuals including, but not limited to, the following:
    <bullet> Minorities;
    <bullet> Women;
    <bullet> Persons with disabilities; and
    <bullet> Socially and economically disadvantaged groups.

501.13 Specialized Subcommittees of State Technical Committees

(a) Introduction
    In some situations, specialized subcommittees composed of State 
Technical Committee members may be needed to analyze and refine 
specific issues. The State Conservationist may assemble certain 
committee members, including members of Local Working Groups and other 
experts, to discuss, examine, and focus on a particular technical or 
programmatic topic, or combination of such.
(b) Public Involvement
    Specialized subcommittees are open to the public and may seek 
public participation, but they are not required to do so. 
Recommendations of specialized subcommittees will be presented in 
general sessions of State Technical Committees, where the public is 
notified and invited to attend.
(c) Examples of Specialized Subcommittees
    The following are examples of specialized subcommittees:

------------------------------------------------------------------------
   Examples of specialized
        subcommittees           Program or topic            Task
------------------------------------------------------------------------
Environmental Quality         Environmental         Provide input to
 Incentives Program Ranking    Quality Incentives    develop State
 Criteria Subcommittee.        Program.              ranking criteria
                                                     and make
                                                     recommendations to
                                                     the State Technical
                                                     Committee.
State Forestry Subcommittee.  All programs........  Provide
                                                     recommendations to
                                                     the State Technical
                                                     Committee on
                                                     forestry
                                                     conservation
                                                     practices and
                                                     payment rates to be
                                                     supported in
                                                     conservation
                                                     programs.

[[Page 15675]]

 
Conservation Easement         Wetlands Reserve      Develop
 Geographic Rate               Program and           recommendations for
 Subcommittee.                 Grassland Reserve     the Geographic Area
                               Program.              Rate Cap and
                                                     present it to the
                                                     State Technical
                                                     Committee.
Payment Schedule              All cost-sharing      Provide
 Subcommittee.                 programs.             recommendations for
                                                     practices and
                                                     payment rates for
                                                     conservation
                                                     programs that
                                                     support program
                                                     objectives and
                                                     State and local
                                                     priorities.
State Wildlife Subcommittee.  Wildlife Habitat      Provide
                               Incentive Program     recommendations (to
                               (WHIP).               the State Technical
                                                     Committee) for the
                                                     State WHIP plan
                                                     that incorporates
                                                     priorities of the
                                                     State comprehensive
                                                     wildlife action
                                                     plan and similar
                                                     plans and
                                                     initiatives.
Priority Watershed            Chesapeake Bay        Recommend priority
 Subcommittee.                 Watershed             watersheds for
                               Initiative.           focusing funding
                                                     for effective use
                                                     of available
                                                     resources.
------------------------------------------------------------------------

501.14 Standard Operating Procedures for State Technical Committees

(a) Organization and Function
    The State Conservationist will serve as the Chairperson of the 
State Technical Committee.
    State Technical Committees will be used to provide information, 
analysis, and recommendations to NRCS and other USDA agencies 
responsible for natural resource conservation activities and programs 
under Title XII of the 1985 Act, as amended.
(b) Membership
    Individuals or groups wanting to become a member on a State 
Technical Committee within a specific State may submit to the State 
Conservationist a request that explains their interest and outlines 
their credentials for becoming a member of the State Technical 
Committee. Decisions of the State Conservationist concerning membership 
on the committee are final and not appealable.
    The State Conservationist will respond to requests for State 
Technical Committee membership in writing within a reasonable period of 
time, not to exceed 60 days.
    State Technical Committee membership will be posted on the NRCS 
State Web site.
(c) Meeting Scheduling
    The State Technical Committee should meet at least twice a year at 
a time and place designated by the State Conservationist. Other 
meetings may be held at the discretion of the State Conservationist. 
Meetings will be called by the State Conservationist whenever it is the 
opinion of the State Conservationist that there is business that should 
be brought before the committee for action. Any USDA agency, however, 
can make a request of the State Conservationist for a meeting.
(d) Public Notification
    State Technical Committee and subcommittee meetings are open to the 
public.
    The State Conservationist will provide public notice of and allow 
public attendance at all State Technical Committee meetings. The State 
Conservationist will publish a meeting notice at least 14 calendar days 
prior to the meeting. Notification may exceed the 14 calendar-day 
minimum where State open meeting laws exist and require a longer 
notification period. The minimum 14 calendar-day notice requirement may 
be waived in the case of exceptional conditions, as determined by the 
State Conservationist. The State Conservationist will publish this 
meeting notice in one or more widely available newspaper(s), including 
recommended Tribal publications, to achieve statewide and Tribal 
notification. The meeting notice will also be posted to the NRCS State 
Web site. The meeting notice will include meeting time, location, 
agenda items, and point of contact.
(e) Meeting Content
    The State Conservationist will prepare a meeting agenda and provide 
it to the committee members at least 14 calendar days prior to a 
scheduled meeting. Additional background materials may be provided 
before the meeting at the discretion of the State Conservationist. The 
minimum 14 calendar-day requirement may be waived in the case of 
exceptional conditions, as determined by the State Conservationist.
    Additional agenda items will be considered if submitted in writing 
to the State Conservationist at least 5 working days prior to the 
meeting. The State Conservationist may amend the agenda prior to the 
meeting without notice to the State Technical Committee, or at the 
meeting based on suggestions from participating members. The agenda 
will be posted to the NRCS State Web site.
(f) Public Participation
    Individuals attending State Technical Committee meetings will be 
given the opportunity to address the committee and present their 
opinions and recommendations. While presenters are encouraged to 
provide written copies of their comments, they are not required to do 
so.
    State Conservationists are encouraged to request written comments 
on agenda items from all members of the State Technical Committee 
whether they are in attendance at the meeting or not. Subsequent to the 
meeting, if the State Conservationist determines that additional 
comments and recommendations are needed on specific topics, the State 
Conservationist will mail a request for written comments to all members 
of the State Technical Committee within 7 calendar days of the meeting. 
The letter will fully explain the nature of the request for information 
and provide at least 14 calendar days for a response. Comments received 
will be summarized and presented at the next State Technical Committee 
meeting and will be directly posted on the NRCS State Web site.
    If time allows, opportunity to discuss non-agenda items will be 
provided at the end of the meeting.
(g) Conducting Business
    The meetings will be conducted as an open discussion among members. 
Discussion will focus on the programs and activities identified in 
Section 501.11(b). All recommendations will be considered.
    The following guidelines will govern meeting discussions:
    (1) The State Conservationist or his or her designee will lead the 
discussion.
    (2) Only one person may speak at a time. Every participant should 
have an opportunity to speak. The State

[[Page 15676]]

Conservationist or his or her designee is responsible for recognizing 
speakers.
    (3) State Technical Committees are advisory in nature and all 
recommendations are considered. Members may be polled, but voting on 
issues is not appropriate.
    (4) The State Conservationist, in consultation with those members 
present, may establish time limits for discussion on individual agenda 
items.
    (5) The State Conservationist will defer to the next meeting those 
agenda items not covered because of time limits.
(h) Record of Meetings
    Summaries for all State Technical Committee meetings will be 
available within 30 calendar days of the committee meeting and 
distributed to committee members. The summaries will be filed at the 
appropriate NRCS State office and posted to the NRCS State Web site.
(i) Response to State Technical Committee Recommendations
    The State Conservationist will inform the State Technical Committee 
as to the decisions made in response to all State Technical Committee 
recommendations within 90 days. This notification will be made in 
writing to all State Technical Committee members and posted to the NRCS 
State Web site.

501.15 Local Working Groups

(a) Introduction
    Local Working Groups are composed of agricultural producers, 
owners/operators of nonindustrial private forest land, professionals 
representing agricultural and natural resource interests, and 
individuals representing a variety of disciplines in the soil, water, 
wetland, plant, forestry, and wildlife sciences who are familiar with 
agricultural and natural resource issues in the local community.
(b) Role of Local Working Groups
    Local Working Groups provide recommendations to the District 
Conservationist (or Designated Conservationist) and the State 
Conservationist on local natural resource priorities and criteria for 
conservation activities and programs listed in Section 501.11(b).
(c) Membership
    Local Working Group membership should be diverse and focus on 
agricultural interests and natural resource issues existing in the 
local community. Membership should include agricultural producers 
representing the variety of crops and livestock and/or poultry raised 
within the local area; owners of nonindustrial private forest land, as 
appropriate; representatives of agricultural and environmental 
organizations; and representatives of governmental agencies carrying 
out agricultural and natural resource conservation programs and 
activities.
    To ensure that recommendations of the Local Working Group take into 
account the needs of diverse groups served by USDA, membership shall 
include, to the extent practicable, individuals with demonstrated 
ability to represent the conservation and related technical concerns of 
particular historically underserved groups and individuals including, 
but not limited to, the following:
    <bullet> Minorities;
    <bullet> Women;
    <bullet> Persons with disabilities; and
    <bullet> Socially and economically disadvantaged groups.
    Individuals or groups wanting to become a member of a Local Working 
Group may submit to the Local Working Group Chairperson and the NRCS 
District Conservationist (or Designated Conservationist), a request 
that explains their interest and outlines their credentials for 
becoming a member of the Local Working Group. The District 
Conservationist (or Designated Conservationist) will assist the soil 
and water conservation district in making decisions concerning 
membership of the group.
(d) Local Working Groups Relationship to State Technical Committees
    Local Working Groups may provide input and recommendations to the 
State Technical Committee.

501.16 Standard Operating Procedures for Local Working Groups

(a) Organization and Function
    Local Working Groups are to provide recommendations on local 
natural resource priorities and criteria for USDA conservation 
activities and programs. Local Working Groups are normally chaired by 
the appropriate soil and water conservation district (SWCD). In the 
event the SWCD is not able, or does not choose to chair the Local 
Working Group, NRCS' District Conservationist (or Designated 
Conservationist) will be responsible for those duties.
(b) Meeting Scheduling
    The Local Working Group should meet at least once each year at a 
time and place designated by the Chairperson unless otherwise agreed to 
by the members of the Local Working Group. Other meetings may be held 
at the discretion of the Chairperson. Meetings will be called by the 
Chairperson whenever it is determined that there is business that 
should be brought before the Local Working Group.
(c) Public Notification
    Local Working Group meetings are open to the public. Public notice 
of Local Working Group meetings should be provided at least 14 calendar 
days prior to the meeting. Notification will need to exceed the 14 
calendar-day minimum where State open meeting laws exist and require a 
longer notification period. The minimum 14 calendar-day notice 
requirement may be waived in the case of exceptional conditions, as 
determined by the Chairperson or NRCS District Conservationist (or 
Designated Conservationist). The public notice of Local Working Group 
meetings will include the time, place, and agenda items for the 
meeting.
(d) Meeting Information
    Agendas and information will be provided to the Local Working Group 
members at least 14 calendar days prior to the scheduled meeting. The 
District Conservationist (or Designated Conservationist) will assist 
the Local Working Group Chairperson, as requested, in preparing meeting 
agendas and necessary background information for meetings. The minimum 
14 calendar-day notice requirement may be waived in the case of 
exceptional conditions, as determined by the Chairperson or NRCS 
District Conservationist (or Designated Conservationist).
(e) Public Participation
    Individuals attending the Local Working Group meetings will be 
given the opportunity to address the Local Working Group. Opportunity 
to address non-agenda items will be provided if time allows at the end 
of the meeting. Presenters are encouraged to provide written records of 
their comments to the Chairperson at the time of the presentation but 
are not required to do so. Written comments may be accepted if provided 
to the Chairperson no later than 14 calendar days after a meeting.
(f) Conducting Business
    The meetings will be conducted as an open discussion among members. 
Discussion will focus on identifying local natural resource concerns 
that can be treated using programs and activities identified in Section 
501.11(b). All recommendations will be considered.

[[Page 15677]]

    The following guidelines will govern meeting discussions:
    (1) The Chairperson will lead the discussion.
    (2) Only one person may speak at a time. Every participant should 
have an opportunity to speak. The Chairperson or his or her designee is 
responsible for recognizing speakers.
    (3) The Chairperson, in consultation with those members present, 
may establish time limits for discussion on individual agenda items.
    (4) The Chairperson will defer to the next meeting those agenda 
items not covered because of time limits.
(g) Record of Meetings
    Summaries for all Local Working Group meetings will be available 
within 30 calendar days of the meeting, and will be filed at the 
appropriate local NRCS office.
(h) Input to State Technical Committee
    Local Working Group recommendations are to be submitted to State 
Technical Committee Chairperson and/or the District Conservationist (or 
Designated Conservationist), as appropriate, within 14 calendar days 
after a meeting.

    Signed on 1st day of April 2009, in Washington, DC.
Dave White,
Chief, Natural Resources Conservation Service.
[FR Doc. E9-7771 Filed 4-6-09; 8:45 am]
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