Non-Emergency Haying and Grazing on Conservation Reserve Program Grasslands

SUMMARY: The Commodity Credit Corporation (CCC) gives notice that it is

withdrawing the Advance Notice of Proposed Rulemaking considering the

revision of Conservation Reserve Program (CRP) regulations to allow

limited and periodic non-emergency haying and grazing of CRP grasslands

under specified conditions.

Because of the divergence of strongly held opinions expressed by

respondents on the issue, CCC believes that the deliberations on the

1995 farm bill will provide the appropriate forum for considering

appropriate uses to be made of CRP acres both when under contract and

after contract expiration; therefore, the Advance Notice of Proposed

Rulemaking published on December 20, 1993 (58 FR 66308) is hereby

withdrawn. In the meantime, USDA plans to develop an information and

education program to encourage greater utilization of currently

authorized management practices on CRP acreage that would be beneficial

to both the environment and the contract holder.

FOR FURTHER INFORMATION CONTACT: Thomas L. Browning, Director, Natural

Resources Analysis Division, Agricultural Stabilization and

Conservation Service (ASCS), P.O. Box 2415, Washington, DC 20013-2415;

Telephone 202-720-9685.

SUPPLEMENTARY INFORMATION:

I. Background

The CRP is provided for in Subtitle D of Title XII of the Food

Security Act of 1985, as amended (the Act). The CRP is administered on

behalf of CCC by ASCS. In the CRP, CCC makes annual rental payments to

persons who convert cropland to a conservation cover for a 10- or 15-

year period. Generally, sections 1232(a)(3) and 1232(a)(7) of the Act

require that no commercial use may be made of the CRP ground and that,

in particular, no haying or grazing will be permitted except as allowed

by the Secretary in response to a drought or similar emergency or in

other specialized cases identified in section 1232(a)(7). However,

section 1235(c)(1) allows contract modifications that serve the overall

goals of the program.

An Advance Notice of Proposed Rulemaking was published in the

Federal Register on December 20, 1993 (58 FR 66308), stating that CCC

was considering issuing a proposed rule that would allow approved

participants, under strict conditions, to hay or graze in non-emergency

situations in order to provide for better maintenance of the cover crop

and to allow for better conditions for wildlife. The purpose of the

Advance Notice of Proposed Rulemaking was to solicit public comments on

the acceptability of a non-emergency haying and grazing program and on

issues to be addressed if such a program were implemented.

II. Public Comments

Fifty-seven written responses were received from a variety of

sources, including producer groups, environmental and wildlife groups,

State wildlife and natural resource agencies, and other organizations

and individuals. Thirty-four respondents indicated support for

restricted non-emergency haying and grazing on CRP grasslands. However,

even among these respondents there was a wide divergency in views

relative to the type of restriction that would be considered

appropriate, e.g., frequency of harvesting and compensation offsets for

haying and grazing privileges. Sixteen respondents opposed any such

activity on the CRP. The position of seven respondents was not

apparent.

III. Decision

Upon consideration of the public comments received on the Advance

Notice of Proposed Rulemaking, CCC has decided to terminate the

rulemaking process regarding limited and restricted non-emergency

haying and grazing of CRP grasslands. The comments indicated a clear

and strong lack of consensus among the respondents concerning whether

such a program should be implemented. In addition, the numerous

substantive comments by the respondents indicated a significant lack of

agreement on the specific issues related to program implementation even

among those supporting some type of non-emergency haying and grazing.

In view of the divergence of opinions expressed by respondents on

the issue, CCC believes that the deliberations on the 1995 farm bill

will provide the appropriate forum for considering appropriate uses to

be made of CRP acres both when under contract and after contract

expiration. In the meantime, CCC plans to develop an information and

education program to encourage greater utilization of currently

authorized management practices on CRP acreage that would be beneficial

to both the environment and the contract holder.

Signed at Washington, DC, on April 4, 1994.

Bruce R. Weber,

Acting Administrator, Agricultural Stabilization and Conservation

Service, and Executive Vice President, Commodity Credit Corporation.

[FR Doc. 94-8467 Filed 4-7-94; 8:45 am]

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