Technical Assistance

DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

7 CFR Part 610

RIN 0578-AA22

Technical Assistance

AGENCY: Natural Resources Conservation Service, USDA.

ACTION: Final rule.

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SUMMARY: Section 342 of the Federal Agriculture Improvement and Reform

Act of 1996 (the 1996 Act) expands the membership and roles of State

Technical Committees established pursuant to Section 1261 of the Food

Security Act of 1985, as amended (the 1985 Act). Under Section 1261,

the Secretary must establish a technical committee in each State to

assist in making technical considerations related to the implementation

of the 1985 Act's conservation provisions. Consistent with the 1985

Act, State Technical Committees work closely with the United States

Department of Agriculture (USDA) in an advisory capacity.

This rule sets forth the policies and procedures for the use of

State Technical Committees by USDA, the membership criteria, and the

responsibilities assigned to these committees. It also amends

regulations to reflect the responsibilities assigned to the Natural

Resources Conservation Service (NRCS) beyond that of soil conservation.

This rule amends regulations to acknowledge the NRCS mission to promote

the long-term sustainability of all agricultural lands, including

cropland, forestland, and grazing lands which include pastureland,

rangeland, and grazed forest land. This rule further explains the NRCS

mission to include improving water quality, fish and wildlife habitat,

wetlands, and unique natural areas.

EFFECTIVE DATE: August 3, 1999.

ADDRESSES: This rule may also be accessed via Internet. Users can

access the NRCS Federal Register homepage and submit comments at:

http://www.nrcs.usda.gov; select 1996 Farm Conservation Programs from

the menu.

FOR FURTHER INFORMATION CONTACT: Gary R. Nordstrom, Conservation

Operations Division, Natural Resources Conservation Service; telephone:

(202) 720-1845; fax: (202) 720-4265; E-mail: [email protected],

Attention: State Technical Committee.

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, the NRCS has

conducted an economic analysis of the potential impacts associated with

this final rule. Because it is not possible to measure all costs or

benefits of the State Technical Committees using strict benefit-cost

techniques, a cost-effectiveness analysis was used. This analysis

estimates that no material adverse effects on the economy, a sector of

the economy, agricultural productivity, competition, jobs, the

environment, public safety, or State, local, or tribal governments or

communities are expected from implementation of this final rule. Copies

of the benefit-cost assessment are available upon request from Mitch

Flanagan, Attn: State Tech. Comm., Conservation Operations Division,

Natural Resources Conservation Service, P.O. Box 2890, Washington, DC

20013-2890.

Regulatory Flexibility Act

The Regulatory Flexibility Act is not applicable to this final rule

because NRCS 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.

Environmental Evaluation

NRCS has determined that this final rule is within the categorical

exclusion for advisory and consultative activities under 7 CFR Sec.

1b.3(a)6. Therefore, an environmental assessment was not conducted.

Paperwork Reduction Act

In accordance with section 3507(j) of the Paperwork Reduction Act

of 1995 (44 U.S.C. 3501 et seq.), the information collection and

recordkeeping requirements included in this final rule have been

submitted for emergency approval to the Office of Management and Budget

(OMB). OMB has assigned control number 0578-0027 to the information

collection and recordkeeping requirements. Notwithstanding any other

provision of the law, no person is required to respond to, nor shall

any person be subject to penalty for failure to comply with a

collection of information, subject to the requirements of the Paperwork

Reduction Act, unless that collection of information displays a

currently valid OMB Control Number. Please send written comments to the

Office of Information and Regulatory Affairs, OMB, Attention: Desk

Officer for Agriculture, Washington, DC 20503. Please also send a copy

of your comments to Gary R. Nordstrom, PO Box 2890, Washington, DC

20013.

The paperwork associated with the establishment of State Technical

Committees will include submission of a request for committee

membership consideration including an explanation of the individual's

interest and a description of their credentials relevant to becoming a

member of the State Technical Committee. We are soliciting comments

from the public (as well as from affected agencies) concerning our

information collection and recordkeeping requirements. We need this

outside input to help us accomplish the following:

(1) Evaluate whether the proposed collection of information is

necessary for the proper performance of our agency's functions,

including whether the information will have practical utility;

(2) Evaluate the accuracy of our estimate of the burden of the

proposed collection of information, including the validity of the

methodology and assumptions used;

(3) Enhance the quality, utility, and clarity of the information to

be collected; and

(4) Minimize the burden of the information collection on those who

are to respond (such as through the use of appropriate automated,

electronic, mechanical, or other technological

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collection techniques or other forms of information technology, e.g.,

permitting electronic submission responses).

Estimate of burden: Public reporting burden for this collection of

information is estimated to average 60 minutes per response.

Estimated number of respondents: 240 (annually).

Estimated number of responses per respondent: 1.

Estimated total annual burden on respondents: 240.

Copies of this information collection can be obtained from:

Information Clearance Officer, OCIO, USDA, Room 404-W, 1400

Independence Avenue, Washington, DC 20250.

Unfunded Mandates Reform Act of 1995

Pursuant to Title II of the Unfunded Mandates Reform Act of 1995,

Pub. L. 104-4, the effects of this rulemaking action on State, local,

and tribal governments, and the public have been assessed. This action

does not compel 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 final rule as not major; therefore, under

Section 304 of the Department of Agriculture Reorganization Act of

1994, Pub. L. 103-354, a risk assessment was not required.

Background and Purpose

Section 1261 of the 1985 Act sets out the membership and roles of

the State Technical Committees. Section 1262 (e) exempts State

Technical Committees from the provisions of the Federal Advisory

Committee Act.

NRCS policy encourages individuals from a variety of natural

resource sciences and occupations to participate on the State Technical

Committee. NRCS considers the expanded membership of State Technical

Committees as a positive step towards gaining local conservation

expertise. However, NRCS believes that the ultimate responsibility of

the NRCS State Conservationist in a particular State is to ensure that

all interests are adequately represented on the committee and that

committee recommendations are applied in a streamlined and cost-

effective manner.

The 1996 Act (Pub. L. 104-127) expanded eligibility for State

Technical Committee membership to include representatives from the

private sector. In addition to these members, the State Technical

Committee includes additional agencies and groups based on their proven

expertise with conservation programs. These member agencies and groups

include the following: Environmental Protection Agency, Bureau of

Indian Affairs, U.S. Geological Survey, U.S. Army Corps of Engineers,

Farm Service Agency State Committee, and Federally-recognized American

Indian Tribal Governments and Alaskan Native Corporations encompassing

100,000 acres or more in the State.

The State Technical Committees include one representative from each

of the following agencies or groups, unless the agency or group

declines membership:

Department of Agriculture

NRCS (Chairperson);

Farm Service Agency;

Farm Service Agency State Committee;

Forest Service;

Cooperative State Research, Education, and Extension

Service;

Rural Development;

Department of the Interior

Fish and Wildlife Service;

Bureau of Land Management;

Bureau of Indian Affairs;

Bureau of Reclamation;

U.S. Geological Survey;

Department of Defense

Army Corps of Engineers;

Each of the Federally recognized American Indian Tribal

Governments and Alaskan Native Corporations, encompassing 100,000 acres

or more in the State;

State departments and agencies which the NRCS State

Conservationist deems appropriate, for example, a member from each of

the following:

Fish and wildlife agency;

Forestry agency;

Water resources agency;

Department of agriculture;

Association of soil and water conservation districts;

Coastal zone management agency;

Soil and water conservation agency; and

Other Federal, State, Tribal and local agency

representatives with expertise in soil, water, wetlands, plant, and

wildlife management, as the NRCS State Conservationist considers

appropriate.

In addition to Federal, State, Tribal, and local agency and group

membership, the State Technical Committees will include members from

the following private interests: [including:]

Agricultural producers with demonstrable conservation

expertise;

Nonprofit organizations with demonstrable conservation

expertise;

Persons knowledgeable about conservation techniques and

programs; and

Representatives from agribusiness.

To ensure that recommendations of the State Technical Committees

take into account the needs of the diverse groups served by USDA,

membership shall include, to the extent practicable, individuals with

demonstrated ability and skills concerning natural resource

conservation subjects specific to historically under-served groups and

individuals; i.e. minorities, women, persons with disabilities and

socially and economically disadvantaged groups.

The NRCS State Conservationist determines the membership on the

State Technical Committee. Individuals or groups wanting to participate

on a State Technical Committee may submit to the NRCS State

Conservationist for that State a request that explains their interest

and outlines their credentials, which they believe are relevant to

becoming a member of the State Technical Committee. Decisions of the

NRCS State Conservationist concerning membership on the committee are

final and are not subject to appeal.

State Technical Committee meetings are open to the public. The

State Conservationist will provide public notice of meetings that

consider issues relating to particular conservation programs. The State

Conservationist will publish a meeting notice no later than 14 calendar

days prior to the meeting. Notification may exceed this 14-day minimum

where State open meeting laws exist and require a longer notification

period. An exception to this minimum 14-day notice requirement may

occur in the case of an emergency. The State Conservationist will

publish this meeting notice in one or more newspaper(s), including

recommended Tribal publications, to achieve statewide notification. The

State Conservationist will schedule and conduct the meetings, although

meetings may be requested by any USDA agency, as needed.

In some situations, specialized subcommittees, made up of State

Technical Committee members, may be needed to analyze and refine

specific issues. The State Conservationist may assemble certain members

to discuss, examine, and focus on a particular technical or

programmatic topic. In such situations, where subcommittee

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meetings occur, the subcommittee may seek public participation.

Nevertheless, official recommendations resulting from these

subcommittee sessions shall be made only in a general session of the

State Technical Committee, where the public is notified and invited to

attend.

The State Technical Committees have no implementation or

enforcement authority. However, the Committees' advisory capacity

extends to many of the USDA conservation programs. As set forth in

Section 1262 of the Act (16 U.S.C. 3862(b)(1) and 16 U.S.C. 3862(c)),

the responsibilities of the State Technical Committee include

recommendations on technical matters such as:

Guidelines for evaluating petitions by agricultural

producers regarding new conservation practices and systems not already

described in field office technical guides;

Aspects of wetland protection, restoration, and mitigation

requirements;

Criteria to be used in evaluating bids for enrollment of

environmentally-sensitive lands in the Conservation Reserve Program (16

U.S.C. 3831-3836);

Guidelines for haying or grazing and the control of weeds

to protect nesting wildlife on set-aside acreage;

Highly erodible land exemptions and the appeals process as

they pertain to technical issues and information;

Wetland and highly erodible land conservation compliance

exemptions and the appeals process;

Methods to address common weed and pest problems and

programs to control weeds and pests found on acreage enrolled in the

Conservation Reserve Program (16 U.S.C. 3831-3836);

Guidelines for planting perennial cover for water quality

and wildlife habitat improvement on set-aside lands;

Criteria and priorities for state initiatives under the

Environmental Quality Incentives Program (EQIP) (16 U.S.C 3839aa) and 7

CFR 1466, including:

Criteria to prioritize applications from applicants with

significant statewide resource concerns outside a priority area;

Eligible conservation practices for an EQIP priority area

or for significant statewide resource concerns outside a priority area;

Criteria to be used in defining a large confined livestock

operation;

Suggestions on how often producers' applications are

ranked and selected; and

Determination of cost share and incentive payment limits

for participants subject to environmental requirements or with

significant statewide resource concerns outside a priority area.

Section 1262 of the Act (16 U.S.C. 3862(c)(9)) also provides that State

Technical Committees may offer recommendations on other matters

determined appropriate by the NRCS State Conservationist. USDA will

seek State Technical Committee recommendations including, but not

limited to, the following:

The implementation of the Wildlife Habitat Incentives

Program (WHIP), (16 U.S.C 3836a);

The development of a statewide Wetlands Reserve Program

(WRP) (16 U.S.C. 3837) wetland restoration plan;

Statewide program guidelines applicable to WRP easement

compensation, restoration planning, priority ranking, and related

policy matters, 7 CFR part 1467;

The technical merits of proposals submitted for the

Farmland Protection Program;

Identification of any categories of conversion activities

and conditions, which are routinely determined by NRCS to have minimal

effect on wetland functions and values as described in 7 CFR part 12;

Conservation techniques and measures related to achieving

environmental justice needs; and

Types or classes of wetland that are not eligible for

mitigation exemption under the Wetland Conservation provisions of 7 CFR

part 12.

Technical Assistance

The NRCS delivers the majority of the USDA technical assistance

provided to private landowners pursuant to 7 CFR 610.2. Section 610.2

has not yet been revised to provide for the responsibilities assigned

to the NRCS beyond that of soil conservation. To reflect the broader

mission of NRCS, particularly as it relates to technical assistance

provided to private grazing land (16 U.S.C. 2005b) and fish and

wildlife habitat areas, NRCS is amending Sec. 610.2. This Section

acknowledges that NRCS' mission encompasses promoting the quality of

all agricultural lands, including grazing land, pastureland, rangeland,

forestland, and cropland, so that the long-term sustainability of the

resource base is achieved with special attention to water quality, fish

and wildlife habitat, wetlands, and unique natural areas.

Analysis of Public Comments

In general, all 38 respondents expressed appreciation for the

opportunity to comment on Part 610. Most of the respondents were

pleased with the rule and offered valuable suggestions on how to

encourage public participation on State Technical Committees and better

explain NRCS' mission, particularly as it relates to providing

technical assistance. The majority of the comments were concerned with

six major issues in the proposed rule: (1) Explaining the scope of the

NRCS mission, as it pertains to technical assistance; (2) notifying the

public and State Technical Committee members about meetings and the

decisions following these meetings; (3) extending State Technical

Committee responsibilities beyond the programs listed in the proposed

rule; (4) clarifying the role of the Chairperson; and (5) identifying

membership of the State Technical Committee and its specialized

subcommittees. Two comments suggested that the title of State Technical

Committee be changed to Farm Bill Technical Committee; however, NRCS

did not adopt these comments because the State Technical Committees

provides advice and recommendations on more than just Farm Bill issues.

The following paragraphs summarize the comments received on the

proposed rule and NRCS' responses to them.

Preamble Comments by Section

Section 610.2 Scope

Comment: NRCS received ten comments on revising the scope of NRCS

technical assistance. None of those who commented opposed the language

that was proposed in this section; however, nine of the ten wanted to

expand or clarify the scope of NRCS technical assistance. Seven

comments expressed an interest in adding fish and wildlife habitat,

wetlands, and natural areas to NRCS' mission statement. Several of

these comments also supported NRCS expanding its mission to urban

areas. One comment indicated that they would like to see its mission

statement broadened to include urban erosion and sediment control,

water quality, abandoned mine reclamation and rural development, while

another comment wanted to expand upon the definition of grazing lands,

which would include rangeland, pastureland, grazed forestland, and

hayland. Two of the ten comments also supported expanding NRCS' mission

to include coastal zone management. One comment indicated satisfaction

with the language.

Response: The NRCS appreciates these comments and has clarified the

regulations to explain its mission to include improving water quality,

fish and wildlife habitat, and wetlands, since many of the authorities

under

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which NRCS operates include references to fish and wildlife habitat,

water quality, and wetlands. NRCS technical assistance does extend to

coastal zone management, abandoned mine reclamation and rural

development; however, other Federal agencies have a much greater role

in these matters.

Subpart C--State Technical Committees

Section 610.21 Purpose and Scope

Comment: All of the comments received by NRCS supported the

establishment of State Technical Committees in each State. As of

September 30, 1996, all states had established State Technical

Committees to assist in making technical recommendations relating to

the implementation of USDA conservation provisions. Three comments

requested that State Technical Committee recommendations be considered

as more than just advice.

Response: The purpose of State Technical Committee, which is stated

in the rule, mirrors the statutory purposes. According to Sec. 1262 of

the 1985 Act, State Technical Committees are ``advisory and shall have

no implementation and enforcement authority;'' however, the [State

Conservationist] shall give strong consideration to the recommendations

of such Committees. * * *''

Section 610.22 State Technical Committee Membership

Comment: NRCS received 33 comments on State Technical Committee

membership. Four comments supported more local involvement on State

Technical Committees, while seven commenters would like to see all

agricultural and conservation organizations represented on the

committee. One comment asked to see farmers represented on the

Committee.

Response: NRCS supports representation from farmers, agricultural

and conservation organizations, and other local organizations with

conservation technical expertise. The final rule's representation

requirements for these organizations and individuals mirrors what is in

the statute. This includes representatives from the agricultural

community and agribusiness.

Comment: Two comments would like state agency representation to be

mandatory rather than ``as the State Conservationist deems

appropriate.''

Response: NRCS has supported and continues to support state agency

representation on the State Technical Committee. Historically, NRCS has

included members from a variety of state agencies. In fact, in a survey

that was conducted in 1996, it was estimated that approximately 49

percent of its members are government employees, over 22 percent being

from state agencies. In order to maintain Committee balance among all

interests and assure that other interests are fairly represented, NRCS

has chosen to retain the statute's language ``as deemed appropriate''

for State Technical Committee membership and rely on its State

Conservationist to determine state agency participation.

Comment: Three comments expressed concerns about the size of State

Technical Committees. One comment stated that State Technical

Committees will be unwieldy by including all the members that were

suggested in the proposed rule. Another comment requested that

excessive representation of governmental entities be eliminated. One

commented suggested that a procedure be established to expand or reduce

the size of the Committee, while four comments indicated that they were

satisfied with the proposed State Technical Committee membership.

Response: NRCS shares many of these concerns and has therefore

limited membership of governmental agencies to one representative from

each of the agencies mentioned in the proposed rule. In order to

control the potential unwieldiness that may occur when a large

committee meets, NRCS has also established specialized subcommittees,

in 7 CFR 610.25, to discuss, analyze, and refine specific issues. NRCS

believes that these specialized subcommittees will assist in making

these State Technical Committees operate more efficiently and

effectively.

Comment: One comment supported allowing the State Conservationist,

as Chairperson, to remove an appointed member for lack of

participation. Three comments suggested using a fixed-term membership.

Response: NRCS is required by statute to offer membership to

several agencies and other categories of participants. To dismiss one

member, due to lack of participation, would be contrary to the

statutory mandate. However, NRCS also believes that some members may be

reluctant to serve due to time, travel, or other constraints and

therefore, NRCS has included the phrase, ``if willing to serve.''

Furthermore, NRCS believes that it is up to the agency or organization

to select its representative and the term in which they want the

representative to serve on the State Technical Committee.

Comment: One comment proposed to include the National Agricultural

Statistics Service (NASS) and Environmental Protection Agency (EPA) in

State Technical Committee membership.

Response: In the proposed rule, NRCS included EPA in the State

Technical Committee membership based on its conservation expertise. In

addition to EPA, NRCS has also included, based on their natural

resource conservation expertise and past involvement with State

Technical Committees, the following agencies and organizations: Bureau

of Indian Affairs, U.S. Geological Survey, U.S. Army Corps of

Engineers, State Farm Service Agency Committee, and Federally-

recognized American Indian Tribal Governments and Alaskan Native

Corporations, encompassing 100,000 acres or more in the State. NRCS

encourages the State Conservationist to consider and to invite

representatives from agencies which may have conservation expertise,

such as NASS.

Comment: One comment requested that NRCS make certain that under-

served minorities are included as members of the Committee and as

participants in the public meeting.

Response: NRCS shares this concern and will increase its outreach

to all communities to ensure that representation on the State Technical

Committee includes diverse groups. In addition, membership shall

include, to the extent practicable, individuals with conservation

expertise, which may be particular to historically under-served groups,

such as minorities, women, and persons with disabilities.

Comment: Two comments requested that the proposed rule should be

amended to have two classes of membership on the State Technical

Committee. They suggested that membership on the actual committee

should be limited to directors of the individual State or Federal

agencies with direct ties to USDA conservation programs. The other

committee should consist of department heads or other experts that have

expertise in conservation issues but do not have direct authority to

implement conservation programs.

Response: NRCS believes that this tiered approach is inconsistent

with the law and undermines the broad advice that State Technical

Committees are authorized to provide.

Comment: Seven comments requested that NRCS provide a written

rationale when organizations and individuals are denied membership.

Three of these comments requested appeal rights to the Secretary be

granted if membership is denied.

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Response: The purpose of the State Technical Committee is to

improve the technical quality of USDA decisions on conservation

matters. Section 1261 does not create any rights or benefits for any

group or individual. Therefore, the State Conservationist's denial of

participation does not constitute an adverse decision subject to

appeal. In addition, NRCS believes that it is not necessary for a

written rationale to be provided when organizations and individuals are

denied membership.

Section 610.23 State Technical Committee Meetings

Comment: Six comments requested that NRCS require at least a 14-

calendar day notice of all State Technical Committee meetings, rather

than the proposed 7-calendar day minimum notice. Four comments

suggested that these meetings be held on a quarterly basis, rather than

being arranged as appropriate, in order to allow members enough time to

arrange their schedule.

Response: NRCS accepted the minimum 14-calendar day notice

requirement suggestion, except in cases of emergencies. Notification

may exceed this 14-day minimum, where State open meeting laws exist and

a longer notification period would be appropriate for participation by

State agencies.

Comment: Eleven comments complained that, in the past, many members

were not prepared to discuss issues raised at meetings. In addition,

they questioned whether their advice was adequately considered by the

State Conservationist. As a result, they requested stricter guidelines

for State Conservationists, relating to meeting preparations. These

included: notifying members of final decisions made; circulating an

agenda prior to the meeting; and writing and distributing minutes.

Response: NRCS agrees with the need to prepare members for meetings

with upcoming agendas and background information. It also agrees that

providing minutes and informing the members of final decisions is

extremely important; however, NRCS will outline these detailed

requirements in guidance documents to the NRCS State Offices, rather

than in the final rule.

Comment: Three comments requested that the State Conservationist

notify State Technical Committee members via a mailing list and

newspapers.

Response: NRCS concurs with this comment and will outline these

requirements in guidance documents to the NRCS State Offices, rather

than in the final rule.

Comment: Three comments requested that the role of the State

Technical Chairperson be further defined, while another requested that

the Chair rotate among members.

Response: NRCS believes that the role of the Chairperson needs to

remain flexible; therefore, NRCS is not placing restrictions in the

rule. In regards to rotating the Chair among members, NRCS believes

that the accountability of the Chairperson for meeting the required

duty necessitates that the State Conservationist serve in such

capacity.

Section 610.24 Responsibilities of State Technical Committees

Comment: Eight comments requested that the role of the State

Technical Committees be extended to advise on issues relating to the

Conservation Reserve Program (CRP), while three specifically wanted the

State Technical Committee to advise on CRP bid offers, as suggested in

Sec. 1262(c) of the Act. Six comments suggested that the State

Technical Committee's responsibility for establishing guidelines and

criteria for evaluating petitions by agricultural producers for new

conservation practices and systems also be included in the final rule.

Five other comments suggested that the Committee's responsibility

should extend to other programs, such as the Farmland Protection

Program and other programs.

Response: NRCS previously set forth the State Technical Committee's

responsibilities in the proposed rule and other final rules and public

notices pertaining to USDA conservation programs. NRCS believes that

these lists and the list that is included in this final rule are

adequate in outlining the roles and responsibilities of State Technical

Committees.

Section 610.25 Specialized Subcommittees.

Comment: Three comments indicated that they supported the proposed

rule's subcommittee language, although two comments suggested that this

be included in both the preamble and the regulations published in the

final rule.

Response: NRCS agreed with these comments and has inserted the

State Technical Committee subcommittee language in both the preamble

and the regulations published in this final rule.

Comment: Five comments requested that subcommittees be open to

agencies, groups, or persons who are not members of the State Technical

Committee.

Response: NRCS believes in allowing as many individuals to

participate in the process as possible. However, to have the work of

the subcommittee truly focus on the work of the State Technical

Committee, subcommittee members need to consist only of members from

the State Technical Committee. NRCS welcomes non-members to attend the

public meetings and to submit comments as appropriate.

List of Subjects in 7 CFR Part 610

Soil conservation, Technical assistance, Water resources.

Accordingly, part 610 of Title 7 of the Code of Federal Regulations

is amended as follows:

PART 610--[AMENDED]

1. The authority for Part 610 is revised to read as follows:

Authority: 16 U.S.C. 590a-f, 590q, 2005b, 3861, 3862.

2. Section 610.2 is revised to read as follows:

Sec. 610.2 Scope.

(a) Conservation operations, including technical assistance, is the

basic soil and water conservation program of NRCS. This program is

designed to:

(1) Reduce soil losses from erosion;

(2) Help solve soil, water, and agricultural waste management

problems;

(3) Bring about adjustments in land use as needed;

(4) Reduce damage caused by excess water and sedimentation;

(5) Enhance the quality of fish and wildlife habitat; and

(6) Improve all agricultural lands, including cropland, forestland,

and grazing lands that include pastureland, rangeland, and grazed

forestland so that the long-term sustainability of the resource base is

achieved.

(b) The Natural Resources Conservation Service is USDA's technical

agency for providing assistance to private landowners, conservation

districts, and other organizations in planning and carrying out their

conservation activities and programs. NRCS works with individuals,

groups, and units of government to help them plan and carry out

conservation decisions to meet their objectives.

3. A new Subpart C is added to read as follows:

Subpart C--State Technical Committees

Sec.

610.21 Purpose and scope.

610.22 State Technical Committee membership.

610.23 State Technical Committee meetings.

610.24 Responsibilities of State Technical Committees.

610.25 Specialized Subcommittees.

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Sec. 610.21 Purpose and scope.

This subpart sets forth the procedures for establishing and using

the advice of State Technical Committees. NRCS shall establish in each

State a technical committee to assist in making technical

recommendations relating to the implementation of natural resource

conservation activities and programs. USDA will use State Technical

Committees in an advisory capacity in the administration of certain

conservation programs and initiatives. These State Technical Committees

are exempt from the provisions of the Federal Advisory Committee Act (5

U.S.C. App.2).

Sec. 610.22 State Technical Committee membership.

(a) State Technical Committees shall include members who represent

a variety of natural resource sciences and occupations, including those

related to soil, water, wetlands, plants, and wildlife. The State

Conservationist in each State will serve as chairperson. In addition,

committee membership will include one representative from each of the

following agencies or groups, if willing to serve:

(1) NRCS, USDA;

(2) Farm Service Agency, USDA;

(3) State Farm Service Agency Committee, USDA;

(4) Forest Service, USDA;

(5) Cooperative State Research, Education, and Extension Service,

USDA;

(6) Rural Development, USDA;

(7) Fish and Wildlife Service, United States Department of

Interior;

(8) United States Environmental Protection Agency;

(9) Bureau of Land Management, United States Department of

Interior;

(10) Bureau of Indian Affairs, United States Department of

Interior;

(11) U.S. Geological Survey, United States Department of Interior;

(12) Bureau of Reclamation, United States Department of Interior;

(13) Corps of Engineers, United States Department of the Army;

(14) Each of the Federally recognized American Indian Tribal

Governments and Alaskan Native Corporations encompassing 100,000 acres

or more in the State;

(15) State departments and agencies that the NRCS State

Conservationist deems appropriate, including a member from each of the

following agencies or entities within the State:

(i) Fish and wildlife agency;

(ii) Forestry agency;

(iii) Water resources agency;

(iv) Department of agriculture;

(v) Association of soil and water conservation districts;

(vi) Soil and water conservation agency;

(vii) Coastal zone management agency; and

(16) Other Federal, State, tribal, and local agency personnel with

expertise in soil, water, wetlands, plant, and wildlife management, as

the NRCS State Conservationist considers appropriate.

(b) In addition to agency and Tribal membership, State Technical

Committees shall include members from the following private interests,

if willing to serve:

(1) Agricultural producers with demonstrable conservation

expertise;

(2) Nonprofit organizations with demonstrable conservation

expertise;

(3) Persons knowledgeable about economic and environmental impacts

of conservation techniques and programs; and

(4) Representatives from agribusiness.

(c) To ensure that recommendations of the State Technical

Committees take into account the needs of the diverse groups served by

the USDA, membership shall include, to the extent practicable,

individuals with demonstrated ability to represent the conservation and

related technical concerns of particular historically under-served

groups and individuals; i.e., minorities, women, persons with

disabilities and socially and economically disadvantaged groups.

(d) In accordance with the guidelines in paragraphs (a), (b), and

(c) of this section, the State Conservationist establishes membership

on the State Technical Committee. Individuals or groups wanting to

participate on a State Technical Committee within a specific State may

submit to the State Conservationist of that particular State a request

that explains their interest and outlines their credentials which they

believe are relevant to becoming a member of the State Technical

Committee. Decisions of the State Conservationist concerning membership

on the committee are final and not appealable to any other individual

or group within USDA.

Sec. 610.23 State Technical Committee meetings.

(a) The State Conservationist shall provide public notice of State

Technical Committee meetings in which issues related to conservation

programs will be considered.

(b) The State Conservationist shall publish a meeting notice no

later than 14 calendar days prior to the meeting. Notification may

exceed this 14-day minimum where State open meeting laws exist and

provide for a longer notification period. This minimum 14-day notice

requirement may be waived in the case of exceptional conditions. The

State Conservationist shall publish this notice in at least one or more

newspaper(s), including recommended Tribal publications, to attain

statewide circulation. The State Conservationist, as Chairperson,

schedules and conducts the meetings, although a meeting may be

requested by any USDA agency as needed.

Sec. 610.24 Responsibilities of State Technical Committees.

(a) Each State Technical Committee established under this subpart

shall meet on a regular basis, as determined by the State

Conservationist, to provide information, analysis, and recommendations.

(b) The State Technical Committee shall provide, in writing to the

implementing USDA program agency, recommendations, data, and technical

analyses, which reflect the professional information and judgment of

the State Technical Committee. Such information, analyses, and

recommendations shall be provided in a manner that will assist in

determining matters of fact, technical merit, or scientific question.

(c) The responsibilities of the State Technical Committee include

making recommendations with respect to the technical matters such as:

(1) Guidelines for evaluating petitions by agricultural producers

regarding new conservation practices and systems not already described

in field office technical guides;

(2) Aspects of wetland protection, restoration, and mitigation

requirements;

(3) Criteria to be used in evaluating bids for enrollment of

environmentally-sensitive lands in the Conservation Reserve Program (16

U.S.C. 3831-3836);

(4) Guidelines for haying or grazing and the control of weeds to

protect nesting wildlife on set-aside acreage;

(5) Highly erodible land exemptions and the appeals process as it

pertains to technical issues and information;

(6) Wetland and highly erodible land conservation compliance

exemptions and the appeals process;

(7) Methods to address common weed and pest problems, and programs

to control weeds and pests found on acreage enrolled in the

Conservation Reserve Program (16 U.S.C. 3831-3836);

(8) Guidelines for planting perennial cover for water quality and

wildlife habitat improvement on set-aside lands;

(9) Criteria and priorities for state initiatives under the

Environmental Quality Incentives Program (EQIP) (16 U.S.C. 3839aa),

including:

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(i) Criteria to prioritize applications from applicants with

significant statewide resource concerns outside a priority area;

(ii) Eligible conservation practices for an EQIP priority area or

for significant statewide resource concerns outside a priority area;

(iii) Criteria to be used in defining a large confined livestock

operation under EQIP;

(iv) Suggestions on how often producers' EQIP applications are

ranked and selected;

(v) Criteria to prioritize applications from applicants with

significant statewide resource concerns outside a priority area; and

(vi) Determination of cost share and incentive payment limits for

participants subject to environmental requirements or with significant

statewide resource concerns outside a priority area.

(10) The implementation of the Wildlife Habitat Incentives Program

(WHIP) (16 U.S.C 3836a);

(11) The technical merits of proposals submitted for the Farmland

Protection Program (16 U.S.C. 3830);

(12) The development of a Wetland Reserve Program (WRP) (16 U.S.C.

3837) wetland restoration plan;

(13) Statewide program guidelines applicable to WRP easement

compensation, restoration planning, priority ranking, and related

policy matters, 7 CFR part 1467;

(14) Identification of any categories of wetland conversion

activities and conditions which are routinely determined by NRCS to

have minimal effect on wetland functions and values as described in 7

CFR part 12.

(15) Conservation techniques and measures related to achieving

environmental justice needs; and

(16) Types or classes of wetland that are not eligible for

mitigation exemption under the Wetland Conservation provisions of 7 CFR

part 12.

(d) The implementing agency reserves the authority to accept or

reject the Committee's recommendations; however, the implementing USDA

agency shall give strong consideration to the Committee's suggestions.

Sec. 610.25 Specialized subcommittees.

In some situations, specialized subcommittees, made up of State

Technical Committee members, may be needed to analyze and refine

specific issues. The State Conservationist may assemble certain members

to discuss, examine, and focus on a particular technical or

programmatic topic. The subcommittee may seek public participation;

however, it is not required to do so. Nevertheless, decisions resulting

from these subcommittee sessions shall be made only in a general

session of the State Technical Committee, where the public is notified

and invited to attend.

Signed in Washington, DC on July 28, 1999.

Pearlie S. Reed,

Chief, Natural Resources Conservation Service.

[FR Doc. 99-19899 Filed 8-2-99; 8:45 am]

BILLING CODE 3410-16-P