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 Department of Agriculture Natural Resources Conservation Service RIN 0578-AA48
 AGENCY: Natural Resources Conservation Service, United States Department of Agriculture.
 ACTION: Notice; request for comment.
 SUMMARY: Section 1242(h) of the Food Security Act of 1985, as amended by the Food, Conservation, and Energy Act of 2008 (2008 Act), requires that the Natural Resources Conservation Service (NRCS): (1) Review conservation practice standards, including engineering design specifications, in effect on June 18, 2008; (2) ensure the completeness and relevance of the standards to local agricultural, forestry, and natural resource needs including specialty crops, native and managed pollinators, bioenergy crop production, forestry, and other such needs as determined by the Secretary; and (3) ensure, to the maximum extent practicable, that the standards provide for the optimal balance between meeting site-specific conservation needs and minimizing risks of design failure and associated costs of construction and installation. NRCS conducted an internal review of the conservation practice standards and met with various stakeholder groups, as required by section 1242(h)(2), to obtain their input about how to improve the completeness and relevance of the standards. NRCS is hereby notifying the public of the results of the preliminary review and requests comments from the public about how to improve the conservation practice standards to meet the goals and objectives of Section 1242(h) of the Food Security Act of 1985, as amended.
 DATES: *Comment Date:*
                         Submit comments on or before August 11, 2009.
 ADDRESSES: You may send comments using any of the following methods: *Government-wide rulemaking Web site:*
                         Go to 
                        *http://www.regulations.gov*
                         and follow the instructions for sending comments electronically.
                    *Mail:*
                         Norman Widman, National Agronomist, Department of Agriculture, Natural Resources Conservation Service, Conservation Practice Standard Comments, Post Office Box 2890, Washington, DC 20013.
                    *Fax:*
                         (202) 720-5334.
                    *E-mail:**nrcscpta2008@wdc.usda.gov.*
                    *Hand Delivery:*
                         USDA South Building, 1400 Independence Avenue, SW., Room 5234, 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) 720-4630 in order to be escorted into the building.
                    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; select 
                        *Notices.*
                         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: Norman Widman, National Agronomist, Department of Agriculture, Natural Resources Conservation Service, P.O. Box 2890, Washington, DC 20013-2890; or e-mail: 
                        *norm.widman@wdc.usda.gov.*


SUPPLEMENTARY INFORMATION: NRCS provides technical assistance to clients through the conservation planning process. The planning process involves: (1) Determining the client goals and resource concerns (conservation needs), (2) developing of treatment options, (3) recording the client's decisions, and (4) evaluating the conservation treatment. The conservation practice standards used to apply conservation contain information on why and where the practice is applied, and sets forth the minimum technical criteria that must be met during the application of that practice in order for it to achieve its intended purposes. The engineering design specifications address how the practice is to be applied or installed and are developed for site-specific conditions. Conservation practices are designed to address the treatment of resource needs and are not directed to specific types of farming or commodities. Agricultural and environmental groups expressed concern during the development of the 2008 Act that NRCS conservation practice standards did not adequately address or have relevance to particular types of farming operations or natural resource needs. As a result of those concerns, Section 2706 of the 2008 Act amended Section 1242(h)(1) of the Food Security Act of 1985 to require the Secretary of Agriculture to review conservation practice standards, including engineering design specifications, in effect on June 18, 2008; ensure, to the maximum extent practicable, the completeness and relevance of the standards to local agricultural, forestry, and natural resource needs, including specialty crops, native and managed pollinators, bioenergy crop production, forestry, and such other needs as are determined by the Secretary; and ensure that the standards provide for the optimal balance between meeting site-specific conservation needs and minimizing risks of design failure and associated costs of construction and installation. Section 1242(h)(2) of the Food Security Act of 1985, as amended, requires the Secretary, in conducting the review of the conservation practice standards, to consult with eligible participants, crop consultants, cooperative extension and Land Grant Universities, nongovernmental organizations, and other qualified entities. Additionally, if any revisions to the conservation practice standards are determined necessary, the Secretary is required to establish an administrative process for expediting the revisions. During July 2008 through September 2008, NRCS conducted a preliminary internal review of all conservation practice standards (at both the national and State levels) by technical discipline leaders to evaluate the practice applicability to organic farming, specialty crops, precision agriculture, pollinators, bio-energy production, and forestry. Through its internal review, NRCS made the following preliminary determinations: 1. NRCS conservation practice standards have the flexibility to address the resource needs on all types of farming operations and resource interests, including those specified in 
                    ( print page 27996)
                    section 1242(h). NRCS will modify selected practices to better clarify their relevance to local agricultural, forestry, and natural resource needs, including specialty crops, native and managed pollinators, and bioenergy crop production. 2. Practices are designed to balance design, construction, and installation with minimal risk of failure. 3. NRCS field staff would benefit from additional training to better apply our current practices on non-traditional farming operations. 4. NRCS needs to recognize the special needs of the non-traditional farming operations when payment schedules are developed. In addition to its internal review, NRCS met with several different groups representing organic agriculture, specialty crop production, forestry, pollinators, and precision farming to discuss our conservation practice standards and technical assistance. This meeting took place in December 2008 at the NRCS National Headquarters in Washington, DC. The results of the national and State conservation practice review were discussed with those present, and they were asked to send comments concerning the review by January 9, 2009. No comments were received. In order to obtain the widest possible input and to ensure NRCS fully meets the intent and spirit of the Section 1242(h) conservation practice review requirements, NRCS is now seeking further comments from the public on its conservation practice standards through August 11, 2009. A list of all the USDA-NRCS National Conservation Practice Standards (166) is attached as an Appendix to this Notice. The specific content of the standards can be found at the following URL: 
                    *http://www.nrcs.usda.gov/​technical/​standards/​nhcp.html*. NRCS requests public input on the relevance of any particular conservation practice to meet the needs the different types of farming operations and resource needs, or how any particular conservation practice can be modified or improved to achieve such goals. NRCS will publish in the 
                    **Federal Register**
                     the final results of the conservation practice review and the modifications made in response to such review. As required by section 1242(h)(3), NRCS has a process to expedite any revisions to the conservation practice standards necessitated by this review. This process includes the following options: (1) Revising the conservation practice at the national level by the national technical leader, (2) revising the conservation practice at the State level by the State technical leader, or (3) the State Conservationist can request a conservation practice variance from the NRCS National Headquarters. Signed this 4th day of June, 2009, in Washington, DC. Dave White, Chief, Natural Resources Conservation Service.
 Appendix List of NRCS National Conservation Practice Standards; 
                        *http://www.nrcs.usda.gov/​technical/​standards/​nhcp.html*. Code
Conservation practice title431
Above Ground, Multi-Outlet Pipeline (ft).472
Access Control (ac).560
Access Road (ft).309
Agrichemical Handling Facility (no).311
Alley Cropping (ac).591
Amendments for Treatment of Agricultural Waste.365
Anaerobic Digester, Ambient Temperature (no).366
Anaerobic Digester, Controlled Temperature (no).316
Animal Mortality Facility (no).575
Animal Trails and Walkways (ft).450
Anionic Polyacrylamide (PAM) Erosion Control (ac).397
Aquaculture Ponds (ac).370
Atmospheric Resources Quality Management (ac),310
Bedding (ac).314
Brush Management (ac).322
Channel Bank Vegetation (ac).584
Channel Stabilization (ft).326
Clearing & Snagging (ft).360
Closure of Waste Impoundments (no).317
Composting Facility (no).327
Conservation Cover (ac).328
Conservation Crop Rotation (ac).656
Constructed Wetland (no).332
Contour Buffer Strips (ac).330
Contour Farming (ac).331
Contour Orchard and Other Fruit Areas (ac).340
Cover Crop (ac).342
Critical Area Planting (ac).589A
Cross Wind Ridges (ac).589C
Cross Wind Trap Strips (ac).348
Dam, Diversion (no).402
Dam (no & ac-ft).324
Deep Tillage (ac).356
Dike (ft).362
Diversion (ft).554
Drainage Water Management (ac).432
Dry Hydrant (no).647
Early Successional Habitat Development/Mgt. (ac).592
Feed Management (no & au).382
Fence (ft).386
Field Border (ft).393
Filter Strip (ac).( print page 27997)394
Firebreak (ft).396
Fish Passage (mi).398
Fish Raceway or Tank (ft & ft3
                                ).399
Fishpond Management (no).511
Forage Harvest Management (ac).384
Forest Slash Treatment (ac).666
Forest Stand Improvement (ac).655
Forest Trails and Landings (ac).383
Fuel Break (ac).410
Grade Stabilization Structure (no).412
Grassed Waterway (ac).548
Grazing Land Mechanical Treatment (ac).561
Heavy Use Area Protection (ac).422
Hedgerow Planting (ft).603
Herbaceous Wind Barriers (ft).423
Hillside Ditch (ft).320
Irrigation Canal or Lateral (ft).388
Irrigation Field Ditch (ft).464
Irrigation Land Leveling (ac).552
Irrigation Regulating Reservoir (no).436
Irrigation Storage Reservoir (no & ac-ft).441
Irrigation System Microirrigation (no & ac).442
Irrigation System Sprinkler (no & ac).443
Irrigation System Surface & Subsurface (no & ac).447
Irrigation System, Tailwater Recovery (no).428A
Irrigation Water Conveyance, Ditch and Channel Lining, Plain Concrete (ft).428B
Irrigation Water Conveyance, Ditch and Channel Lining, Flexible Membrane (ft).428C
Irrigation Water Conveyance, Ditch and Channel Lining, Galvanized Steel (ft).430AA
Pipeline, Aluminum Tubing (ft).430BB
Pipeline, Asbestos-Cement (ft).430CC
Pipeline, Nonreinforced Concrete (ft).430DD
Pipeline, High-pressure, Underground, Plastic (ft).430EE
Pipeline, Low-pressure, Underground, Plastic (ft).430FF
Pipeline, Steel (ft).430GG
Pipeline, Reinforced Plastic Mortar (ft).449
Irrigation Water Management (ac).460
Land Clearing (ac).543
Land Reclamation, Abandoned Mined Land (ac).544
Land Reclamation, Currently Mined Land (ac).453
Land Reclamation, Landslide Treatment (no & ac).455
Land Reclamation, Toxic Discharge Control (no).466
Land Smoothing (ac).468
Lined Waterway or Outlet (ft).634
Waste Transfer (no).457
Mine Shaft & Adit Closing (no).482
Mole Drain (ft).353
Monitoring Well (ea).484
Mulching (ac).379
Multi-Story Cropping.590
Nutrient Management (ac).500
Obstruction Removal (ac).582
Open Channel (ft).512
Pasture & Hay Planting (ac).595
Pest Management (ac).516
Pipeline (ft).378
Pond (no).521C
Pond Sealing or Lining, Bentonite Sealant (no).521A
Pond Sealing or Lining, Flexible Membrane (no).521B
Pond Sealing or Lining, Soil Dispersant (no).521D
Pond Sealing or Lining, Compacted Clay Treatment (no).462
Precision Land Forming (ac).338
Prescribed Burning (ac).409
Prescribed Forestry (ac).528
Prescribed Grazing (ac).533
Pumping Plant (no).550
Range Planting (ac).562
Recreation Area Improvement (ac).566
Recreation Land Grading and Shaping (ac).568
Recreation Trail and Walkway (ft).329
Residue and Tillage Management, No Till/Strip Till/Direct Seed (ac).345
Residue and Tillage Management, Mulch Till (ac).346
Residue and Tillage Management, Ridge Till (ac).344
Residue Management, Seasonal (ac).643
Restoration and Management of Rare or Declining Habitats (ac).( print page 27998)391
Riparian Forest Buffer (ac).390
Riparian Herbaceous Cover (ac).555
Rock Barrier (ft).558
Roof Runoff Structure (no).557
Row Arrangement (ac).570
Runoff Management System (no & ac).610
Salinity and Sodic Soil Management (ac).350
Sediment Basin (no).646
Shallow Water Development and Management (ac).381
Silvopasture Establishment (ac).527
Sinkhole and Sinkhole Area Treatment (no).632
Solid/Liquid Waste Separation Facility.572
Spoil Spreading (ac).574
Spring Development (no).580
Streambank and Shoreline Protection (ft).578
Stream Crossing (no).395
Stream Habitat Improvement and Management (ac).585
Stripcropping (ac).587
Structure for Water Control (no).606
Subsurface Drain (ft).607
Surface Drainage, Field Ditch (ft).608
Surface Drainage, Main or Lateral (ft).609
Surface Roughening (ac).600
Terrace (ft, m).612
Tree/Shrub Establishment (ac).490
Tree/Shrub Site Preparation (ac).660
Tree/Shrub Pruning (ac).620
Underground Outlet (ft).645
Upland Wildlife Habitat Management (ac).635
Vegetated Treatment Area (ac).601
Vegetative Barrier (ft).630
Vertical Drain (no).367
Waste Facility Cover (no).313
Waste Storage Facility (no).629
Waste Treatment.359
Waste Treatment Lagoon (no).633
Waste Utilization (ac).636
Water Harvesting Catchment (no).614
Watering Facility (no).638
Water and Sediment Control Basin (no).640
Waterspreading (ac).642
Water Well (no).351
Well Decommissioning (no).355
Well Water Testing (no).658
Wetland Creation (ac).659
Wetland Enhancement (ac).657
Wetland Restoration (ac).644
Wetland Wildlife Habitat Management (ac).380
Windbreak/Shelterbelt Establishment (ft).650
Windbreak/Shelterbelt Renovation (ft).


[FR Doc. E9-13870 Filed 6-11-09; 8:45 am] BILLING CODE 3410-16-P