Conservation Practice Technical Assistance

DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

RIN 0578-AA48

Conservation Practice Technical Assistance

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

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 title

431

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).

394

Firebreak (ft).

396

Fish Passage (mi).

398

Fish Raceway or Tank (ft & ft

3

).

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).

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