[Federal Register Volume 87, Number 95 (Tuesday, May 17, 2022)]
[Notices]
[Pages 29849-29850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10537]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

[Docket No. NRCS-2021-0005]


Proposed Revisions to the National Handbook of Conservation 
Practices for the Natural Resources Conservation Service

AGENCY: Natural Resources Conservation Service, USDA.

ACTION: Notice of availability; request for comments.

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SUMMARY: The Natural Resources Conservation Service (NRCS) is giving 
notice that it intends to issue a series of revised conservation 
practice standards in the National Handbook of Conservation Practices 
(NHCP). NRCS is also giving the public an opportunity to provide 
comments on specified conservation practice standards in NHCP.

DATES: We will consider comments that we receive by June 16, 2022.

ADDRESSES: We invite you to submit comments in response to this notice. 
You may submit your comments through one of the methods below:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov and search for docket ID NRCS-2021-0005. Follow the 
online instructions for submitting comments; or
    <bullet> Mail or Hand Delivery: Mr. Clarence Prestwich, National 
Agricultural Engineer, Conservation Engineering Division, NRCS, USDA, 
1400 Independence Avenue, South Building, Room 4636, Washington, DC 
20250. In your comment, please specify the docket ID NRCS-2021-0005.
    All comments received will be made publicly available on http://www.regulations.gov.
    The copies of the proposed revised standards are available through 
http://www.regulations.gov by accessing Docket No. NRCS-2021-0005. 
Alternatively, the proposed revised standards can be downloaded or 
printed from http://go.usa.gov/TXye.

FOR FURTHER INFORMATION CONTACT: Mr. Clarence Prestwich; telephone: 
(202) 720-2972; email: <a href="/cdn-cgi/l/email-protection#6f0c030e1d0a010c0a411f1d0a1c1b18060c072f1a1c0b0e41080019"><span class="__cf_email__" data-cfemail="3f5c535e4d5a515c5a114f4d5a4c4b48565c577f4a4c5b5e11585049">[email protected]</span></a>. Persons with 
disabilities who require alternative means for communication should 
contact the U.S. Department of Agriculture (USDA) Target Center at 
(202) 720-2600 (voice).

SUPPLEMENTARY INFORMATION:

Background

    NRCS plans to revise the conservation practice standards in the 
NHCP. This notice provides an overview of the planned changes and gives 
the public an opportunity to offer comments on the specific 
conservation practice standards and NRCS's proposed changes.
    NRCS State Conservationists who choose to adopt these practices in 
their States will incorporate these practices into the respective 
electronic Field Office Technical Guide. These practices may be used in 
conservation systems that treat highly erodible land (HEL) or on land 
determined to be a wetland. Section 343 of the Federal Agriculture 
Improvement and Reform Act of 1996 requires NRCS to make available for 
public review and comment all proposed revisions to conservation 
practice standards used to carry out HEL and wetland provisions of the 
law.

Revisions to the National Handbook of Conservation Practices

    The amount of the proposed changes varies considerably for each of 
the conservation practice standards addressed in this notice. To fully 
understand the proposed changes, individuals are encouraged to compare 
these changes with each standard's current version, which can be found 
at: http://www.nrcs.usda.gov/wps/portal/nrcs/detailfull/national/technical/cp/ncps/?cid=nrcs143_026849.
    NRCS is requesting comments on the following conservation practice 
standards:
    <bullet> Aquatic Organism Passage (Code 396);
    <bullet> Clearing and Snagging (Code 326);
    <bullet> Constructed Wetland (Code 656);
    <bullet> Dike and Levee (Code 356);
    <bullet> Diversion (Code 362);
    <bullet> Feed Management (Code 592);
    <bullet> Firebreak (Code 394);
    <bullet> Forest Stand Improvement (Code 666);
    <bullet> Fuel Break (Code 383);
    <bullet> Hillside Ditch (Code 423);
    <bullet> Range Planting (Code 550); and
    <bullet> Soil Carbon Amendment (Code 336).
    The following are highlights of some of the proposed changes to 
each standard:
    Aquatic Organism Passage (Code 396): Revisions have been made to 
clarify the di[fflig]erences between the biological and ecological 
requirements versus the engineering structural design elements. The 
Criteria section has been reorganized into subsections that list 
application criteria for speci[filig]c barrier situations. References 
have been updated and minor revisions were made for clarity and 
readability.
    Clearing and Snagging (Code 326): The definition has been changed 
to clarify that the term stream includes channels. The purposes have 
been reworded to better clarify the resource concerns being addressed 
by the standard. Changes have been made in the Criteria section to the 
capacity analysis to add flexibility for emergency work and to clarify 
hazardous materials such as propane tanks and car bodies for debris 
disposal.
    Costructed Wetland (Code 656): Changes were made to the Purposes 
and Conditions Where Practice Applies section of the standard to 
clarify that the practice can be used to treat tile drainage outflow. 
References were added and the formatting and writing style were updated 
to meet current agency requirements. Minor revisions were made for 
clarity and readability.
    Dike and Levee (Code 356): This revision retitles CPS 356 from Dike 
to Dike and Levee to allow distinction between dikes and levees. A 
clear distinction is drawn between what is a dike and what is a levee 
based on purpose and levee hazard potential. This distinction is 
necessary to align with the definition of a levee used by other Federal 
agencies. Potential future revisions include splitting this standard 
into two separate standards after National Levee Safety Guidelines are 
developed, but the timeframe for that is currently unknown.
    Diversion (Code 362): Formatting and writing style were updated to 
meet current agency requirements. The purposes were consolidated from 
nine statements to three statements. In the Criteria section, the 
subsection for cross section would provide additional protection for 
sensitive sites and vegetative establishment subsection changes would 
clarify non-vegetated diversions are allowable. The Considerations 
section addressing potential wetland impacts was expanded to include 
subsurface seepage and to address the potential water quality impacts 
of concentrating flows.
    Feed Management (Code 592): Multiple changes and additions would be 
made throughout the standard to meet current agency requirements and 
language updated to improve clarity. The purpose for Air Quality was 
expanded to include ammonia, volatile

[[Page 29850]]

organic compounds, greenhouse gases, and dust to be consistent with the 
Air Quality policy.
    Firebreak (Code 394): Firebreak definition would be changed to 
distinguish this practice from Fuel Break (383). Language would be 
updated throughout the document to improve clarity. Considerations 
section was reorganized to put similar considerations together. 
References were updated by adding relevant publications.
    Forest Stand Improvement (Code 666): The Definition, Purpose, 
Criteria, Considerations, and Operation and Maintenance sections were 
refined to add clarity. The purposes were revised to align with 
resource concerns. Criteria and Considerations sections were 
reorganized and revised to match the updated purposes and link to 
enhancements. New considerations for the use of biomass for bioenergy, 
renewable energy production, or biochar were added. The References 
section was updated with relevant publications.
    Fuel Break (Code 383): Language was added to better distinguish 
Fuel Break (383) from Firebreak (394). Purpose, Criteria, and 
Considerations sections were further refined. The sections on Plans and 
Specifications and Operation and Maintenance were revised to improve 
clarity. The References section was updated with relevant publications.
    Hillside Ditch (Code 423): The formatting and writing style were 
updated to meet current agency requirements and minor revisions were 
made for clarity and readability. The Capacity subsection of Criteria 
was revised to remove specific limitations for stable channel grade and 
expanded to be the Channel Stability and Capacity subsection. The 
required capacity was reduced from conveying runoff from a 10 year-24 
hour storm to a 5 year-24 hour storm.
    Range Planting (Code 550): The Definition and Conditions Where 
Practice Applies sections were edited for clarity. In the Criteria 
section, the general criteria applicable to all purposes was edited for 
completeness and a multi[hyphen]year seeding strategy was added to 
Considerations. References were updated to include a Conservation 
Effects Assessment Project (CEAP) study and the PLANTS database.
    Soil Carbon Amendment (Code 336): Supports the application of 
biochar, compost, and other state[hyphen]approved carbon amendments 
(for example, harvested aquatic plant biomass, bagasse, distillation 
residue) to increase soil carbon sequestration and improve soil health 
on all land uses. The evaluation and monitoring of soil properties, 
amendment characterization, and short and long[hyphen]term conservation 
objectives form the basis for the soil carbon amendment practice plan.

USDA Non-Discrimination Policy

    In accordance with Federal civil rights law and USDA civil rights 
regulations and policies, USDA, its Agencies, offices, and employees, 
and institutions participating in or administering USDA programs are 
prohibited from discriminating based on race, color, national origin, 
religion, sex, gender identity (including gender expression), sexual 
orientation, disability, age, marital status, family or parental 
status, income derived from a public assistance program, political 
beliefs, or reprisal or retaliation for prior civil rights activity, in 
any program or activity conducted or funded by USDA (not all bases 
apply to all programs). Remedies and complaint filing deadlines vary by 
program or incident.
    Persons with disabilities who require alternative means of 
communication for program information (for example, braille, large 
print, audiotape, American Sign Language, etc.) should contact the 
responsible Agency or USDA TARGET Center at (202) 720-2600 (voice and 
TTY) or (844) 433-2774 (toll-free nationwide). Additionally, program 
information may be made available in languages other than English.
    To file a program discrimination complaint, complete the USDA 
Program Discrimination Complaint Form, AD-3027, found online at https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint and 
at any USDA office or write a letter addressed to USDA and provide in 
the letter all the information requested in the form. To request a copy 
of the complaint form, call (866) 632-9992. Submit your completed form 
or letter to USDA by mail to: U.S. Department of Agriculture, Office of 
the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, 
Washington, DC 20250-9410 or email: <a href="/cdn-cgi/l/email-protection#91ded0d2d1e4e2f5f0bff6fee7"><span class="__cf_email__" data-cfemail="4807090b083d3b2c29662f273e">[email protected]</span></a>.
    USDA is an equal opportunity provider, employer, and lender.

Louis Aspey,
Acting Chief, Natural Resources Conservation Service.
[FR Doc. 2022-10537 Filed 5-16-22; 8:45 am]
BILLING CODE 3410-16-P


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