30400 Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Notices

DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

Agricultural Management Assistance

AGENCY: Commodity Credit Corporation,

United States Department of

Agriculture.

ACTION: Notice of availability of program

funds for agricultural management

assistance.

SUMMARY: This notice announces the

availability of funds for Agricultural

Management Assistance (AMA) to

implement Section 524(b) of the Federal

Crop Insurance Act, 7 U.S.C. 1524(b), as

added by Section 133 of the Agricultural

Risk Protection Act of 2000, Public Law

106–224. The Commodity Credit

Corporation (CCC) administers the

funds under the general supervision of

a Vice President of the CCC who is the

Chief of the Natural Resources

Conservation Service (NRCS). CCC is

announcing the availability of funds

under Section 524(b) of the Federal

Crop Insurance Act. Section 524(b)

authorizes the Secretary of Agriculture

to use $10 million of CCC funds

annually for cost share assistance to

producers in 15 States in which

participation in the Federal Crop

Insurance Program is historically low.

The 15 States include Connecticut,

Delaware, Maine, Maryland,

Massachusetts, Nevada, New

Hampshire, New Jersey, New York,

Pennsylvania, Rhode Island, Utah,

Vermont, West Virginia, and Wyoming.

The cost share assistance will encourage

and assist producers in the selected

States to adopt natural resources

conservation practices and investment

strategies that will reduce or mitigate

risks to their agricultural enterprises.

DATES: Fund will be available from June

6, 2001 to September 30, 2001.

ADDRESSES: Address all comments to:

Conservation Operations Division,

Natural Resources Conservation Service,

P.O. Box 2890, Washington, DC 20013–

2890.

FOR FURTHER INFORMATION CONTACT:

Mark W. Berkland, Director, or Gary

Gross, AMA Program Manager,

Conservation Operations Division,

Natural Resources Conservation Service,

P.O. Box 2890, Washington, D.C. 20013,

(202) 720–1845, fax: 202–720–4265;

Submit electronic comments to:

mark.berkland@usda.gov or

gary.gross@usda.gov.

SUPPLEMENTARY INFORMATION:

Background

Section 524(b) of the Federal Crop

Insurance Act, 7 U.S.C. 1524(b), was

added by Section 133 of the Agricultural

Risk Protection Act of 2000, (Pub. L.

106–224, June 22, 2000). Section 524(b)

authorizes the Secretary of Agriculture

(Secretary) to use $10 million of CCC

funds for cost share assistance in 15

States where participation in the

Federal Crop Insurance program is

historically low. The 15 States

designated by the Secretary are

Connecticut, Delaware, Maine,

Maryland, Massachusetts, Nevada, New

Hampshire, New Jersey, New York,

Pennsylvania, Rhode Island, Utah,

Vermont, West Virginia, and Wyoming.

The Risk Management Agency (RMA),

Agricultural Marketing Service (AMS),

and NRCS will administer the funds in

such amounts per agency as determined

by the Secretary.

Section 524(b)(2)(A), (B), and (C),

provides for cost-share assistance to

producers to: construct or improve

water management structures or

irrigation structures; plant trees for

windbreaks or improve water quality;

and mitigate risks through production

diversification or resource conservation

practices, including soil erosion control,

integrated pest management, or

transition to organic farming.

Section 524(b)(2)(D) and (E), provides

for cost-share assistance to producers to:

enter into futures, hedging, or options

contracts in a manner designed to help

reduce production, price, or revenue

risk; and enter into agricultural trade

options as a hedging transaction to

reduce production, price, or revenue

risk.

This notice deals with the funding

administered by NRCS, approximately

$6 million, to carry out the conservation

provisions of Section 524(b)(2)(A),(B),

and (C).

The Chief of NRCS, on behalf of CCC,

will determine the funds available to the

States for financial and technical

assistance in a fiscal year.

The NRCS State Conservationist, in

consultation with the State Technical

Committee, will determine eligible

practices using a locally led process.

Eligible conservation practices will be

those practices that improve soil or

water management or water quality, or

mitigate financial risk through resource

conservation. AMA does not provide for

incentive payments.

There will be a continuous signup

period, with ranking cutoff dates as

determined by the State Conservationist

in consultation with the State Technical

Committee.

The State Conservationist, in

consultation with the State Technical

Committee, will select applications

based on State-developed ranking

criteria and a ranking process, taking

into account local and state priorities.

The State Conservationist may also

delegate the selection of applications to

the local designated conservationist

who will work in consultation with the

local USDA Work Group.

AMA Requirements

CCC will accept applications

throughout the year. The State

Conservationist, in consultation with

the State Technical Committee, will

widely distribute information on the

availability of assistance and the Statespecific goals. Information will be

provided that explains the process to

request assistance.

Applicants must own or control the

land for which assistance is being

sought and agree to implement specific

eligible conservation practices on the

land. The applicants must meet the

definition of ‘‘person’’ as set out in

Section 1001(5), of the Food Security

Act, 7 U.S.C. 1308(5), as determined by

the Farm Service Agency (FSA). Any

cooperative association of producers

that markets commodities for producers

shall not be considered to be a person

eligible for payment. The status of an

individual or entity on the date of the

application shall be the basis on which

the determination of the number of

persons involved in the farming

operation is made. There will be a 5 to

10 year cost share agreement period to

install eligible practices. Cost share

practices need to be maintained for the

life of the practice. The maximum

payment to any one person under the

AMA program is $50,000 for any fiscal

year.

The Federal share of cost-share

payments shall be 75 percent of the cost

of an eligible practice(s), based on

percent of actual cost, percent of actual

cost with not-to-exceed limits, flat rates,

or average costs. Producers will be paid

upon certification of the completion of

the approved practice(s). Producers may

contribute to the application of a costshare practice through in-kind

contributions. Eligible in-kind

contributions include: personal labor;

use of personal equipment; donated

labor or materials; and use of on-hand

or used materials that meet the

requirements for the practice to be

installed. In no instance shall the total

financial contributions for an eligible

practice from all public and private

entity sources exceed 100 percent of the

actual cost of the practice. Cost-share

payments will not be made to a

participant who has applied or initiated

the application of a conservation

practice prior to approval of the cost

share agreement.

Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Notices 30401

Eligible participants must have

control of the land for the life of the cost

share agreement period. An exception

may be made by the Chief of NRCS in

the case of land allotted by the Bureau

of Indian Affairs (BIA), tribal land, or

other instances in which the Chief of

NRCS determines that there is sufficient

assurance of control; or the applicant is

a tenant of the land involved in

agricultural production and the

applicant provides CCC with the written

concurrence of the landowner in order

to apply an eligible practice(s).

Eligible land includes land used as

agricultural land on which NRCS

determines that assistance is needed to

construct or improve watershed

management structures or irrigation

structures; plant trees to form

windbreaks or to improve water quality;

or to mitigate financial risk through

production diversification or resource

conservation practices, including soil

erosion control, integrated pest

management, or transition to organic

farming. Additionally, land may only be

considered for enrollment in AMA if

NRCS determines that the land is

privately-owned or publicly-owned

where the land is under private control

for the length of the cost share

agreement and is included in the

participant’s operating unit. The

conservation practices installed on

public land must contribute to an

improvement in the identified natural

resource concern as well as benefit

private land. The applicant must

provide CCC with written authorization

from the government landowner to

apply the conservation practices. Land

that is Federally recognized Tribal, BIA

allotted, or Indian trust land may be

considered for enrollment in AMA.

Applicants must submit an

application (CCC–1200 form) to CCC to

be considered for participation in AMA.

Any producer who has eligible land

may obtain and submit an application

for participation in AMA at a USDA

service center. Producers who are

members of a joint operation shall file

a single application for the joint

operation. A NRCS conservationist will

work with the applicant to collect the

information necessary to evaluate the

application using the State-developed

ranking criteria.

Conservation Plan Requirement

A conservation plan is required for

the area to be included in the AMA cost

share agreement and becomes the basis

for developing the cost share agreement.

The conservation plan must be

acceptable to NRCS; be approved by the

local conservation district; be signed by

the participant, designated

conservationist, and the conservation

district; and clearly identify the

conservation practices that will be cost

shared with AMA funds and the noncost shared practices needed in the

conservation plan.

Cost Share Agreement Requirements

Participants will enter into a cost

share agreement agreeing to implement

eligible conservation practices. An AMA

cost share agreement will incorporate by

reference all portions of a unit

applicable to AMA and be for a duration

of 5 to 10 years.

Cost share agreements will

incorporate all provisions as required by

law or statute, including requirements

to not conduct any practices on the farm

or ranch unit of concern that would

tend to defeat the purposes of the cost

share agreement; refund to CCC any

AMA payments received with interest,

and forfeit any future payments under

AMA, on the violation of a term or

condition of the cost share agreement;

refund all AMA payments received on

the transfer of the right and interest of

the producer in land subject to the cost

share agreement, unless the transferee of

the right and interest agrees to assume

all obligations of the cost share

agreement; and supply information as

required by CCC to determine

compliance with the cost share

agreement and requirements of AMA.

The participant and NRCS must certify

that a conservation practice is

completed in accordance with the cost

share agreement before CCC will

approve any cost-share payments.

With respect to land under an AMA

cost share agreement which is inherited

during the cost share agreement period,

the $50,000 per fiscal year limitation to

any person will not apply to the extent

that the payments from any cost share

agreements on the inherited land cause

an heir, who was party to an AMA cost

share agreement on other lands prior to

the inheritance, to exceed the annual

limit.

With regard to cost share agreements

on tribal land, Indian trust land, or BIA

allotted land, payments exceeding

$50,000 per fiscal year limitation may

be made to the tribal venture if an

official of the BIA or tribal official

certifies in writing that no one person

directly or indirectly will receive more

than the fiscal year limitation.

Conservation Practice Operation and

Maintenance

The cost share agreement will provide

for the operation and maintenance of

the conservation practices applied

under the cost share agreement. The

participant will operate and maintain

the conservation practices for their

intended purposes as agreed-to as part

of the cost share agreement, and form

CCC–1245, Practice Approval and

Payment Application.

Additional Requirements and

Information

Additional requirements and

information pertaining to the AMA

program relating to cost share

agreements, administrative

requirements, and other matters can be

found on CCC form CCC–1200,

Conservation Program Contract, and the

appendix to form CCC–1200, both of

which are available at local USDA

service centers.

Civil Rights

NRCS and CCC have collected civil

rights data on farmers/ranchers

participating in conservation programs.

Based on past participation, it is

estimated that the funding being made

available with this notice will not

negatively or disproportionately affect

minorities, women, or persons with

disabilities who are program

beneficiaries or applicants for program

benefits in NRCS or CCC assisted

programs.

Environmental Evaluation

This assistance, administered by

NRCS, will be funded at a level for 2001

as determined by the Secretary.

Depending on the level of funding, and

based on the participation in existing

soil and water conservation programs, it

is estimated that this assistance could

result in approximately 200 cost share

agreements in the 15 States. On each

farm or ranch, during the conservation

planning process, the environmental

effects of any proposed actions are

evaluated on a case by case basis. That

evaluation is used to determine whether

further environmental analysis is

required. Accordingly, neither an

Environmental Assessment nor an

Environmental Impact Statement has

been prepared for this notice.

Signed in Washington, DC, on May 23,

2001.

Thomas A. Weber,

Deputy Chief for Programs, Natural Resources

Conservation Service.

[FR Doc. 01–14151 Filed 6–5–01; 8:45 am]

BILLING CODE 3410–16–P

30402 Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Notices

DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

Soil and Water Conservation

Assistance

AGENCY: Commodity Credit Corporation,

USDA.

ACTION: Notice of Availability of

Program Funds for Soil and Water

Conservation Assistance.

SUMMARY: This notice announces the

availability of funds for Soil and Water

Conservation Assistance (SWCA) to

implement Section 211(b), Title II, of

the Agricultural Risk Protection Act of

2000 Public Law 106–224. The

Commodity Credit Corporation (CCC)

administers the funds under the general

supervision of a Vice President of the

CCC who is the Chief of the Natural

Resources Conservation Service (NRCS).

Section 211(b) authorizes the Secretary

of Agriculture to use the funds for soil,

water, and related natural resources

conservation purposes in areas that have

not been designated as conservation

priority areas under section 1230(c) of

the Food Security Act of 1985 (16 U.S.C.

3830(c)).

DATES: Funds will be available from

June 6, 2001 to September 30, 2001,

unless they are obligated sooner.

ADDRESSES: Address all comments to:

Conservation Operations Division,

Natural Resources Conservation Service,

P.O. Box 2890, Washington, D.C. 20013–

2890.

FOR FURTHER INFORMATION CONTACT:

Mark W. Berkland, Director, or Gary

Gross, SWCA Program Manager,

Conservation Operations Division,

Natural Resources Conservation Service,

P.O. Box 2890, Washington, D.C. 20013,

(202) 720–1845, fax: 202–720–4265.

Submit electronic comments to:

mark.berkland@usda.gov or

gary.gross@usda.gov.

SUPPLEMENTARY INFORMATION:

Background

Section 211(b), Title II, of the

Agricultural Risk Protection Act of

2000, (Pub. L. 106–224, June 22, 2000),

16 U.S.C. 3830 note, authorizes the

Secretary of Agriculture (Secretary) to

use funds of CCC to provide financial

assistance to farmers and ranchers to

address threats to soil, water, and

related natural resources, including

grazing land, wetland, and wildlife

habitat; comply with Federal and State

environmental laws; and make

beneficial, cost-effective changes to

cropping systems, grazing management,

manure, nutrient, pest, or irrigation

management, land uses, or other

measures needed to conserve and

improve soil, water, and related natural

resources. Assistance under this section

may be made in the form of cost-share

payments or incentive payments, as

determined by the Secretary. A total of

$20 million is being made available for

Section 211(b) in fiscal year 2001.

Section 211(b) authorizes the

Secretary of Agriculture to use the funds

to provide assistance in areas that are

not designated as conservation priority

areas under section 1230(c) of the Food

Security Act of 1985 (16 U.S.C. 3830(c)).

These are areas that are outside of

designated priority areas of the

Conservation Reserve Program,

Environmental Quality Incentives

Program, and the Wetlands Reserve

Program.

The Chief of NRCS, on behalf of CCC,

will determine the funds available to the

States for financial and technical

assistance.

The NRCS State Conservationist, in

consultation with the State Technical

Committee (established under 16 U.S.C.

3861), will determine eligible practices

using a locally led process. Eligible

conservation practices will be those

practices that meet the provisions of

Section 211(b), as previously outlined.

There will be a continuous signup

period, with ranking cutoff dates as

determined by the State Conservationist

in consultation with the State Technical

Committee.

The State Conservationist, in

consultation with the State Technical

Committee, will select applications

based on State-developed ranking

criteria and a ranking process, that takes

into account local and state priorities.

The State Conservationist may also

delegate the selection of applications to

a local designated conservationist who

will work in consultation with the local

USDA Work Group.

SWCA Requirements

CCC will accept applications

throughout the year. The State

Conservationist, working with

cooperating agencies and organizations,

will distribute information on the

availability of assistance and the Statespecific goals. Information will be

provided that explains the process to

request assistance.

Applicants must own or control the

land for which assistance is being

sought and agree to implement specific

eligible conservation practices on the

land. There will be a 5 to 10 year costshare agreement period to install

eligible practices. Cost-share practices

need to be maintained for the life of the

practice. The maximum payment to any

one participant under SWCA is $50,000.

The Federal share of cost-share

payments will be 75 percent of the cost

of an eligible practice(s) based on

percent of actual cost, percent of actual

cost with not-to-exceed limits, flat rates,

or average costs as determined by the

State Conservationist. Producers will be

paid upon certification of completion of

the approved practice(s). Producers may

contribute to the application of a costshare practice through in-kind

contributions. Eligible in-kind

contributions include: personal labor;

use of personal equipment; donated

labor or materials; and use of on-hand

or approved used materials that meet

the requirements for the practice to be

installed. In no instance shall the total

financial contributions for an eligible

practice from all public and private

entity sources exceed 100 percent of the

actual cost of the practice. Cost-share or

incentive payments will not be made to

a participant who has applied or

initiated the application of a

conservation practice prior to approval

of the cost-share agreement.

Eligible participants must have

control of the land for the life of the cost

share agreement period. An exception

may be made by the Chief of NRCS in

the case of land allotted by the Bureau

of Indian Affairs (BIA), tribal land, or

other instances in which the Chief of

NRCS determines that there is sufficient

assurance of control; or the applicant is

a tenant of the land involved in

agricultural production and the

applicant provides CCC with the written

concurrence of the landowner in order

to apply an eligible practice(s).

Eligible land includes land used as

agricultural land on which NRCS

determines that assistance is needed to

address threats to soil, water, and

related natural resources, including

grazing land, wetland, and wildlife

habitat; comply with Federal and State

environmental laws; and make

beneficial, cost-effective changes to

cropping systems, grazing management,

manure, nutrient, pest, or irrigation

management, land uses, or other

measures needed to conserve and

improve soil, water, and related natural

resources. Additionally, land may only

be considered for enrollment in SWCA

if NRCS determines that the land is

privately-owned, or if publicly-owned,

where the land is under private control

for the length of the cost-share

agreement and is included in the

participant’s operating unit. The

conservation practices installed on

public land must contribute to an

improvement in the identified natural

resource concern as well as benefit

private land. The applicant must

provide CCC with written authorization