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.

Proposed Rules Federal Register

34584

Vol. 66, No. 126

Friday, June 29, 2001

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 319

[Docket No. 00–068–2]

Cold Treatment for Fresh Fruits; Port

of Corpus Christi, TX; Correction

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule; correction.

SUMMARY: We are correcting an error in

the preamble portion of a proposed rule

to add the maritime port of Corpus

Christi, TX, to the list of ports that are

designated as approved locations for

cold treatment of imported fruit. The

proposed rule was published in the

Federal Register on June 1, 2001.

FOR FURTHER INFORMATION CONTACT:

Donna L. West, Import Specialist, PPQ,

APHIS, 4700 River Road Unit 140,

Riverdale, MD 20737–1236; (301) 734–

6799.

SUPPLEMENTARY INFORMATION: On June 1,

2001, we published in the Federal

Register (66 FR 29735–29739, Docket

No. 00–068–1) a proposed rule to add

the maritime port of Corpus Christi, TX,

to the list of ports that are designated as

approved locations for cold treatment of

imported fruit.

In the preamble portion of that

proposed rule, in the section titled FOR

FURTHER INFORMATION CONTACT, we

provided an incorrect phone number.

The correct phone number for the

person listed under FOR FURTHER

INFORMATION CONTACT is (301) 734–6799.

This document corrects that error.

Correction

In FR Doc. 01–13758, published on

June 1, 2001 (66 FR 29735–29739), make

the following correction: On page

29735, in the second column, in the

section titled FOR FURTHER INFORMATION

CONTACT, correct ‘‘(301) 734–5007’’ to

read ‘‘(301) 734–6799’’.

Done in Washington, DC, this 25th day of

June 2001.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 01–16400 Filed 6–28–01; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Natural Resources Conservation

Service

7 CFR Part 610

RIN: 0578–AA29

Conservation of Private Grazing Land

AGENCY: Natural Resources

Conservation Service, USDA.

ACTION: Proposed rule with request for

comments.

SUMMARY: Subtitle H, Section 386 of the

Federal Agriculture Improvement and

Reform Act (FAIRA) of 1996 authorizes

the Secretary to provide a coordinated

technical, educational, and related

assistance program to conserve and

enhance private grazing land resources.

The proposed rule sets forth a policy to

implement amend the conservation

technical assistance regulations as they

relate to private grazing land

conservation assistance.

DATES: Comments must be received by

August 28, 2001.

ADDRESSES: Send comments by mail to

Conservation Operations Division,

NRCS, P.O. Box 2890, Washington, DC

20013–2890 or by e-mail:

mark.berkland@usda.gov; attn:

Conservation of Private Grazing Land.

This rule may also be accessed via

Internet. Users can access the NRCS

Federal Register homepage and submit

comments to the website http://

www.nrcs.usda.gov. From the menu,

select ‘‘Farm Bill.’’

FOR FURTHER INFORMATION CONTACT:

Mark W. Berkland, Director,

Conservation Operations Division,

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

20013–2890; telephone: (202) 720–1845;

fax: (202) 720–4265; submit e-mail:

mark.berkland@usda.gov, Attention:

Conservation of Private Grazing Land.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This rule has been determined to be

significant and was reviewed by the

Office of Management and Budget

(OMB) under Executive Order 12866.

Pursuant to Sec. 6(a)(3) of Executive

Order 12866, NRCS conducted an

economic analysis of the potential

impacts associated with this proposed

rule. Copies of this economic analysis

may be obtained from Mitch Flanagan,

Conservation Operations Division,

NRCS; telephone: (202) 690–5988; fax

(202) 720–4265; e-mail:

mitch.flanagan@usda.gov, Attention:

Conservation of Private Grazing Land.

Regulatory Flexibility Act

Therefore, the Regulatory Flexibility

Act is not applicable to this proposed

rule. The Department of Agriculture

(USDA) is not required by 5 U.S.C. 553

or any other provisions of law to

publish a notice of proposed rulemaking

with respect to the subject matter of this

rule.

National Environmental Policy Act

The Conservation of Private Grazing

Land (CPGL) program does not consist

of financial assistance nor does it

provide NRCS with the authority or

opportunity to control the actions of

private landowners and managers. The

CPGL program provides NRCS with the

authority to make recommendations to

landowners and managers about

techniques to improve the quality of

their grazing lands. The landowners and

managers are responsible for

determining which actions to take.

There is no specific Federal action that

would affect the human environment;

therefore, there is no basis on which to

conduct a meaningful analysis of

environmental effects. In addition,

neither the CPGL Program, nor this

regulation, result in any irretrievable

commitment of resources.

Paperwork Reduction Act

No substantive changes have been

made to this rule which will affect the

record-keeping requirements and

estimated burdens previously reviewed

and approved under OMB control

number 0578–0013.

Unfunded Mandates Reform Act of

1995

Pursuant to Title II of the Unfunded

Mandates Reform Act of 1995, Pub. L.

Federal Register / Vol. 66, No. 126 / Friday, June 29, 2001 / Proposed Rules 34585

104–4, the effects of this rulemaking

action on State, local, and tribal

governments have been assessed. The

action does not compel with the

expenditure of $100 million or more by

any State, local, or tribal governments,

or anyone in the private sector.

Therefore, a statement under Section

202 of the Unfunded Mandates Reform

Act of 1995 is not required.

Federal Crop Insurance Reform and

Department of Agriculture

Reorganization Act of 1994

USDA classified this proposed rule as

‘‘not major’’ under Section 304 of the

Department of Agriculture

Reorganization Act of 1994, Pub. L.

103–354. Therefore, a risk assessment is

not required.

Purpose and Scope

Subtitle H, Section 386 of the FAIRA

of 1996, 16 U.S.C. 2005b, sets forth

policy and authority by providing

assistance with the conservation of

private grazing land. This proposed rule

sets forth policy for NRCS to implement

the new authority. Once this rule is

final, NRCS will use existing funding,

and/or any additional funds available,

to provide assistance to grazing land

owners for activities authorized by the

FAIRA.

NRCS’s CPGL program will expand

the agency’s long-standing technical

assistance program. It states in 7 CFR

part 610 that the NRCS mission

promotes the quality of all agricultural

lands. The lands included are grazing

land, pastureland, rangeland, forestland,

and cropland. Consequently, the longterm sustainability of the resource base

is achieved with special attention to

water quality, fish and wildlife habitat,

wetlands, and unique natural areas.

Private grazing land constitutes nearly

one-half of the non-Federal land of the

United States. This land is basic to the

environmental, social, and economic

stability of rural areas. Private grazing

land includes private, State-owned,

tribally owned, and any other nonFederally owned land managed to

produce livestock and/or wildlife.

Grazing land is found in every State and

constitutes the single largest watershed

cover type in the United States. Healthy

grazing land is the foundation of many

communities and is a cornerstone of

environmental quality and the core of

healthy communities. Grazing land

contributes significantly to the quality

and quantity of water in the watershed.

Nearly 70 percent of the United

States, excluding Alaska, holds private

ownership. Almost 50 percent are in

agricultural lands. The responsibility for

stewardship of these lands lies in the

hands of about 4.7 million individuals.

Over 25 percent of these individuals

own or manage grazing land. Thus, the

care of 50 percent of the United States

is provided by less than two percent of

U.S. citizens. NRCS is currently

providing annual technical assistance to

approximately 45,000 grazing

landowners and managers.

The use of technical assistance is

voluntary. The assistance will allow

grazing landowners and managers to

implement their conservation planning

decisions on private grazing land to

maintain and improve grazing land

resources.

NRCS’s long-standing technical

assistance program also provides

assistance to private grazing landowners

and managers in relation to soil and

water conservation issues. NRCS also

provides assistance to individuals

pertaining to other resource concerns

such as sustaining forage and grazing

plants, conserving and improving

wildlife habitat, improving and

conserving fish habitat and the aquatic

system. Nevertheless, this assistance is

available under the auspices of soil and

water conservation. Under the original

authority, NRCS was only authorized to

provide assistance to individuals

pertaining to soil and water

conservation.

The conservation agenda continues to

expand as a result of greater scientific

understanding of ecosystems. The

agenda also expands the increasing

number of policy actions, as well as

Federal, State, and local laws and

policies on environmental quality.

These policy actions place new

requirements on landowners and land

users, thus increasing the demand for

conservation technical assistance. Many

of today’s grazing landowners have

difficulty staying abreast of

environmental regulations, in addition

to the new and emerging technologies

impacting grazing land resources. Due

to the complexity of resource issues

surrounding grazing lands and the large

landmass they manage, many private

individuals prefer conservation

technical assistance. Each of the grazing

landowner’s and manager’s actions are

important because they affect a

particular piece of land. They also affect

neighboring lands as well as the health

of the larger ecosystems and watersheds

in which they occur.

Since 1935, NRCS has provided

technical assistance to landowners and

managers to address soil erosion and

water quality problems, including

owners and managers of pasture and

rangeland. Section 386 of FAIRA

expands current technical assistance

authorities to include:

• Using and improving energyefficient ways to produce food and fiber;

• Improving the dependability and

consistency in water supplies;

• Improving and conserving fish

habitat and aquatic systems;

• Protecting and improving water

quality;

• Conserving and improving habitat

for wildlife;

• Sustaining forage and grazing

plants;

• Using plants to sequester

greenhouse gases;

• Enhancing recreational activities;

• Maintaining or reducing weed,

noxious weed, and brush encroachment;

• Enhancing long-term economic

opportunities;

• Providing opportunities for

improved nutrient management from

the land application of animal manure

and other byproduct nutrient sources;

• Improving the quality of animals

produced on these lands; and

• Producing food and fiber from lands

that will not support cultivated crop

production.

Technical assistance in the past has

provided assistance for these authorities

when the primary purpose was for

addressing soil and water conservation

issues. With this rule, technical

assistance will be provided to

individuals when soil and water

conservation issues are not the primary

resource concern. However, in applying

this authority, conservation technical

assistance is available for wildlife

habitat improvement, animal health,

forage quality improvement, air quality

improvement, and other natural

resource issues beyond soil and water

conservation. Congress authorized

assistance for these additional purposes

by realizing that there are competing

demands on private land grazing

resources. Therefore, these lands can be

enhanced by offering technical

assistance to individuals, which will

provide benefits to all citizens of the

United States.

There are approximately 280 million

acres of rangeland and 75 million acres

of pastureland in need of conservation

treatment. It is estimated that 17 percent

of all of these acres have soil-related and

water-related resource concerns that

could be addressed by NRCS’s existing

technical assistance program. This

leaves 83 percent (for a total of 355

million acres) in need of conservation

treatment not directly related to soil and

water conservation. There are resource

concerns related to grazing

management, farmland protection,

wetlands and wildlife issues, air quality,

livestock management, nutrient and

pesticide management, and other

34586 Federal Register / Vol. 66, No. 126 / Friday, June 29, 2001 / Proposed Rules

resource concerns. Thus, NRCS has the

authority to provide technical assistance

to private grazing landowners and

managers to address all resource

concerns beyond soil and water

conservation.

What happens on the land remains

critical to economic and environmental

well being, even if we never set foot on

grazing land. Grazing land produces

much of our food and water supplies

and provides wildlife habitat and allows

many recreational opportunities. There

are many types of products derived from

animals that are raised on grazing lands.

Household products include furniture,

clothes, soap, insulation, deodorants,

and paints. Pharmaceutical products

include blood plasma and medical

sutures. Manufacturing products

include hydraulic fluid, airplane

lubricants, machine oils, car polish, and

textiles.

Technical Assistance Furnished

NRCS provides technical assistance to

land users and others who are

responsible for making decisions related

to land use, conservation treatment, and

resource management. Technical

assistance furnished by NRCS consists

of program assistance, planning

assistance, the application of

conservation practices, and assistance in

the technical phases of USDA cost-share

programs.

NRCS will work with the local

conservation district to prioritize a

request to ensure that technical

assistance is provided in a fair and

equitable manner.

Planning assistance includes the

evaluation and inventory of soil, water,

animal, plant, air, and other resource

data needed for land use,

environmental, and conservation

treatment decisions. NRCS assists land

users in developing conservation plans

for farms, ranches, and other land units.

The land user’s decisions are recorded

in the plan based on their conservation

objectives. These plans document an

orderly installation of conservation

practices, which ultimately make up a

conservation system.

Application assistance is provided to

help land users apply and maintain

planned conservation work. NRCS

assistance for applying the conservation

practices and systems may include:

• Design, layout, and evaluation of

conservation practices;

• Development of management

alternatives and cultural practices

needed to establish and maintain

vegetation; and

• Other conservation practices

needed to protect or enhance natural

resources.

NRCS may provide assistance on the

following:

• Maintaining and improving private

grazing land and multiple value which

depend upon private grazing land. For

example, a grazing management plan

would be beneficial to domestic

livestock, in providing additional

ground cover to reduce water runoff and

increase water infiltration. Thus

reducing the risk of flooding.

• Ensuring the long-term

sustainability of private grazing land

resources. The cyclical economic

patterns in the grazing industry affect

how intensively grazing land resources

are used. The Nutrition Balance

Analyzer is a technology design used in

order to help managers make effective

decisions about nutrition management

of their livestock. It is estimated that a

manager saves from $10–$32 per animal

by improving the production efficiency

from use of this technology;

• Implementing new grazing land

management technologies. Technologies

impacting grazing land, as in other

industries, are always changing.

Technical assistance provided to an

individual assist in identifying and

implementing new technologies to help

improve the environmental, economic,

and/or social challenges of the private

grazing landowner or manager. These

new and improved technologies may

include new fencing materials, livestock

watering facilities, chemicals to control

invasive weeds, livestock health

products, grazing management

practices, fertilizer technologies,

geographic information systems, and

other computerized decision support

systems;

• Managing resources on private

grazing land through conservation

planning, including, but not limited to,

grazing management, nutrient

management, weed and invasive species

control, and providing recreational

opportunities, water quality and

quantity, aquatic and wildlife habitat,

and aesthetics on private grazing land.

With technical assistance, the producer

may adjust management decisions as

new information becomes available;

• Harvesting, processing, and

marketing private grazing land

resources. Technical assistance may be

provided to help an individual develop

specialty meats, leather, feathers, wool,

and mohair products, or other products

that are nontraditional;

• Identifying opportunities and

diversifying private grazing land

enterprises. Many operations have an

opportunity to diversify their operation

with technical assistance by establishing

recreational opportunities that include

hunting, fishing, kayaking, canoeing,

hiking, biking, picnicking, camping,

bird watching, nature photography, or

farm and ranch vacations as additional

enterprises.

When an individual implements a

management decision as a result of

technical assistance there is an impact

on the natural resources (soil, water,

plant, animal, and air). The social and

economic resources of an individual

and community are also affected. The

interrelationship between natural

resources and an individual

management decisions make it difficult

to identify all the impacts. Every

individual action is important, not just

because it affects that particular piece of

land, but because it affects the

neighboring land and health of the

larger ecosystem.

For example, if a producer decides to

implement a practice to control brush,

it will have an impact on forage

production that will change the grazing

capacity of wildlife and domestic

animals. It will also impact the nutrient

cycle, impact the soil resource, change

the water cycle, and change the

diversity of the plant community.

Implementing the brush management

decision will affect the marketable

product which will directly impact the

individual economic situation, as well

as impacting the local community.

The resources, goals, and objectives

vary with each individual. Technical

assistance helps landowners understand

the land and the tools available to

manage their land. Conservation

solutions developed and implemented

based themselves upon the specific

resources and needs of an individual as

a result of technical assistance.

Private grazing landowners and

managers use the technical assistance

for planning and implementing resource

conservation plans on grazing land. The

objectives of planning grazing lands are

to assist landowners and managers to

understand the basic ecological

principles of plant/herbivore

interaction, management implications to

their land (soil, water, air, plants, and

animals) and develop a plan that meets

the needs of the resources and

management objectives.

Conservation plans for grazing land

include decisions for managing the

plant community to conserve or

enhance the soil, water, air, plant, and

animal resources. The major objective of

grazing land is the design and

establishment of a grazing management

plan. When combining the appropriate

conservation practices, the plan sustains

the resources to meet landowners’ or

managers’ objectives. Landowners or

managers make decisions to implement;

Federal Register / Vol. 66, No. 126 / Friday, June 29, 2001 / Proposed Rules 34587

thus, applying the necessary

conservation practices.

Currently, NRCS has a congressional

$18 million earmark in the conservation

operations budget to address grazing

issues. These dollars provide technical

assistance to private landowners and

operators to address soil and water

conservation issues on grazing land

under the current authority. Once this

rule is finalized, NRCS will use this

funding, and/or any additional funds, to

provide assistance to grazing

landowners for activities as authorized

by FAIRA.

Interdisciplinary and Educational

Assistance

Providing technical assistance to

private grazing land is challenging due

to the complexity of grazing land. NRCS

provides a multidisciplinary work force,

including, but not limited to, range

management specialists, forage

agronomists, grazing land specialists,

soil scientists, engineers, biologists,

economists, technicians, and others.

These technical specialists have the

capability of providing technical

assistance as a method of integrating

ecological, economic, and social factors.

The assistance also maintains and

enhances the quality of the environment

to meet current and future needs of

grazing landowners and managers.

The multidisciplinary NRCS

workforce is the strength of the agency.

Success depends on the technical

expertise and ability to work effectively

with grazing landowners and managers.

NRCS strives to keep personnel trained

in grazing land management, state-ofthe-art technologies, and new scientific

knowledge to ensure they have the

technical expertise to provide technical

assistance to grazing landowners and

managers.

NRCS works with the Cooperative

State Research, Education, and

Extension Service; the Agricultural

Research Service; universities; and

others, to provide information and

educational activities for owners and

managers of private grazing land.

Activities may include, but are not

limited to, developing technical

publications, conducting

demonstrations, and conducting tours.

The economic benefits vary between

every individual operation. The net

financial benefits of increased forage

production will vary among producers,

depending upon the cost of

implementing grazing land practices.

Costs vary from a few dollars to several

hundred dollars per acre, depending on

the individual situation. If minimum

adjustments are needed, the cost for

implementing adjustments will

minimize. However, if major changes

are needed (such as brush control, fence

installation, fertilizer, and watering

facilities), the costs are significantly

higher. Furthermore, the results vary

due to the climatic differences and other

resource differences between grazing

land operations. Gaining benefits from

proper management may take a few

months to several years.

The agency believes that providing

voluntary technical assistance to private

grazing landowners and operators will

also result in public benefits. These

benefits include an overall improved

quality of life from reduced soil erosion

and sedimentation, improved water

quality, increased wildlife habitat, and

other resource improvements. The

benefits also include maintaining a

productive Nation and provide

economic stability.

List of Subjects in 7 CFR Part 610

Soil conservation, Technical

assistance, Water resources.

Accordingly, it is proposed that Part

610, Title 7 of the Code of Federal

Regulations be amended as follows:

PART 610—TECHNICAL ASSISTANCE

1. The authority citation for Part 610

continues to read as follows:

Authority: 16 U.S.C. 590a–f, 590q, 2005b,

3861, 3862.

2. By adding a new Subpart D to read

as follows:

Subpart D—Conservation of Private Grazing

Land

Sec.

610.31 Purpose and scope.

610.32 Technical assistance furnished.

Subpart D—Conservation of Private

Grazing Land

§ 610.31 Purpose and scope.

(a) This subpart sets forth the policies

for the Conservation of Private Grazing

Land (CPGL) program, as authorized by

Section 386 of the Federal Agriculture

Improvement and Reform Act of 1996

(Pub. L. 104–127, April 4, 1996) 16

U.S.C. 2005b. Under the CPGL program,

NRCS will provide technical assistance

to landowners and managers who

request that assistance. The purpose of

the CPGL program is to provide

technical assistance to conserve or

enhance grazing land resources to meet

ecological, economic, and social

demands of private grazing landowners

and managers.

(b) The NRCS Chief may implement

the CPGL program in any of the 50

States, the District of Columbia,

Commonwealth of Puerto Rico, Guam,

the U.S. Virgin Islands, and American

Samoa. NRCS provides assistance in

cooperation with conservation districts

or directly to a landowner or operator.

§ 610.32 Technical assistance furnished.

(a) The technical assistance to private

grazing landowners and managers plans

and implements resource conservation

plans on grazing land. The objectives of

planning on grazing land are to assist

landowners and managers to understand

the basic ecological principles

associated with managing their land’s

resources (soil, water, air, plants, and

animals). By implementing a plan that

meets the needs of the resources and

their management objectives, these main

objectives can be met. NRCS may

provide assistance, at the request of the

private grazing landowner or manager

by:

(1) Maintaining and improving private

grazing land and the multiple value and

uses that depend on private grazing

land;

(2) Ensuring the long-term

sustainability of private grazing land

resources;

(3) Implementing new grazing land

management technologies;

(4) Managing resources on private

grazing land through conservation

planning, including, but not limited to,

grazing management, nutrient

management, weed and invasive species

control, recreational opportunities,

water quality and quantity, aquatic and

wildlife habitat, and aesthetics on

private grazing land;

(5) Harvesting, processing, and

marketing private grazing land

resources;

(6) Identifying opportunities and

diversifying private grazing land

enterprises.

(b) Refer to 7 CFR 610.4 on other

items relating to technical assistance.

(c) To receive technical assistance, a

landowner or manager may contact

NRCS or the local conservation district

to seek assistance to solve identified

natural resource problems or

opportunities. Participation in this

program is voluntary.

Signed in Washington, DC, on June 18,

2001.

Pearlie S. Reed,

Chief, Natural Resources Conservation

Service.

[FR Doc. 01–15949 Filed 6–28–01; 8:45 am]

BILLING CODE 3410–16–P