[Federal Register Volume 79, Number 135 (Tuesday, July 15, 2014)]
[Notices]
[Pages 41247-41249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16711]
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DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
Farm Service Agency
Notice of Availability of Draft Supplemental Programmatic
Environmental Impact Statement for the Conservation Reserve Program
AGENCY: Commodity Credit Corporation and Farm Service Agency, USDA.
ACTION: Notice of availability; request for comments.
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SUMMARY: This notice announces that the Farm Service Agency (FSA), on
behalf of the Commodity Credit Corporation (CCC), completed a Draft
Supplemental Programmatic Environmental Impact Statement (Draft SPEIS)
to examine the potential environmental consequences associated with
implementing changes to the Conservation Reserve Program (CRP)
specified in the Agricultural Act of 2014 (the 2014 Farm Bill), and
assist in developing new regulations. FSA is requesting comments on the
Draft SPEIS.
DATES: We will consider comments that we receive by September 8, 2014.
ADDRESSES: We invite you to submit comments on the Draft SPEIS. In your
comments, include the volume, date, and page number of this issue of
the Federal Register. You may submit comments by any of the following
methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow online instructions for submitting
comments.
Email: [email protected].
Online: Go to the Web site at http://crpspeis.com. Follow
online instructions for submitting comments.
Fax: (757) 594-1469.
Mail, hand delivery, or courier: CRP SPEIS, C/O CardnoTEC,
Inc., 11817 Canon Blvd., Suite 300, Newport News, VA 23606.
A copy of the Draft SPEIS is available through the FSA homepage at
http://www.fsa.usda.gov/FSA/webapp?area=home&subject=ecrc&topic=nep-cd
or at http://crpspeis.com.
FOR FURTHER INFORMATION CONTACT: Nell Fuller, (202) 720-6303. 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).
SUPPLEMENTARY INFORMATION: The National Environmental Policy Act (NEPA)
provides a means for the public to comment on alternatives and
environmental concerns for Federal programs or actions. The CRP Draft
SPEIS was completed as required by NEPA (42 U.S.C. 4321-4347), the
Council on Environmental Quality (CEQ) Regulations for Implementing the
Procedural Provisions of NEPA (40 CFR parts 1500-1508), and FSA's NEPA
regulations (7 CFR part 799). FSA provided notice of its intent (NOI)
to prepare the CRP SPEIS in the Federal Register on November 29, 2013
(78 FR 71561-71562), and solicited public comment on the preliminary
alternatives for analyzing changes to CRP from the 2014 Farm Bill. FSA
considered input from those comments to develop the alternatives
analyzed in the Draft SPEIS. We received a total of 8 comments from
private organizations, members of the concerned public, and Federal,
State, and local government agencies. The comments involved 55
individual issues covering a range of topics including proposed 2014
Farm Bill changes, CRP maximum enrollment and acreages, regional
differences in haying and grazing impacts, claims of a lack of thorough
environmental and socioeconomic impact analysis in previous NEPA
documentation, and CRP funding policy. All substantive comments
received that were within the defined scope of the SPEIS were
incorporated.
As specified in the 2014 Farm Bill, FSA plans to consolidate a
number of conservation programs to simplify the programs, reduce
overlapping goals, and reduce overall budgets. Many of the changes to
CRP from the 2014 Farm Bill are administrative in nature, would not
result in major changes to the current administration of CRP, or have
been addressed in previous NEPA documentation concerning CRP. Such
changes do not require further analysis in the SPEIS.
Those changes, and the justification for eliminating them from
analysis, include the following, each of which is discussed below:
Maximum enrollment authority;
Farmable Wetland Program enrollment changes;
Tree thinning payments;
Early termination of contracts;
Managed harvesting and routine grazing payment reduction;
Transition option funding;
Emergency haying and grazing payment reduction; and
Prescribed grazing frequency.
Maximum Enrollment Authority
The maximum enrollment authority will be gradually reduced to no
more than 24 million acres by 2018, as required by the 2014 Farm Bill.
The ``2010 Conservation Reserve Program Supplemental Environmental
Impact Statement'' (referred to as the 2010 CRP SEIS) analyzed an
alternative to reduce the enrollment authority to no more than 24
million acres; therefore, that analysis is incorporated by reference.
Farmable Wetland Program Enrollment Changes
The change in the 2014 Farm Bill to reduce the maximum enrollment
authority to 750,000 acres nationally (from 1 million) would still
allow for approximately 410,000 acres of farmable wetlands to be
enrolled in the Farmable Wetland Program. The mandated reduction in
enrollment is not required to be analyzed since there is no discretion
for any other level. Additionally, the mandatory reduction is not
expected to affect actual enrollment, as historically enrollment has
been well below the cap.
Tree Thinning Payments
The payment authority for tree thinning activities was reduced to
$10 million and incentive payments are allowed. The 2014 Farm Bill
change allows FSA to incentivize owners and operators to conduct
practices and use management tools that would promote forest
management, enhance the overall health of tree stands, improve the
condition of resources, or provide valuable habitat for wildlife. Less
than $50,000 in payments have been provided for tree thinning
activities since the Food, Conservation, and Energy Act of 2008 (Pub.
L. 110-246, commonly referred to as the 2008 Farm Bill). The reduction
in funding available for tree thinning activities would not represent a
real change in current use of the funds and does not require further
analysis.
Early Termination of Contracts
As provided in the 2014 Farm Bill, the early termination provision
of CRP
[[Page 41248]]
that previously applied only to contracts entered into before January
1, 1995, will be modified to apply, only during fiscal year 2015, to
allow CRP participants to elect early termination of certain CRP
contracts, provided the contract has been in place for at least 5
years. The 2014 Farm Bill mandates providing an opportunity for the
early termination of CRP contracts, if certain criteria are met; FSA
does not have any discretion whether to implement that change.
Therefore, this change does not require further NEPA analysis. FSA
estimates that approximately 3 million acres would be eligible for
early termination under this provision.
Managed Harvesting and Routine Grazing Payment Reduction
As required by the 2014 Farm Bill, there will be a reduction in the
annual rental payment of at least 25 percent for managed harvesting or
routine grazing. This change clarifies the existing administrative
procedure related to these practices. A reduction of 25 percent in the
annual rental payment was analyzed in the 2010 CRP SEIS; that analysis
is incorporated by reference. Therefore, these changes do not require
further analysis in the SPEIS.
Transition Option Funding
As specified in the 2014 Farm Bill, the funding authority to
encourage the transfer of land from a retiring farmer or rancher to a
beginning farmer or rancher, or a socially disadvantaged farmer or
rancher, would be increased to $33 million and would expand the
eligibility to include certain farmers or ranchers who are military
veterans. This is a non-discretionary, administrative change and does
not require further analysis in the SPEIS.
Emergency Haying and Grazing Payment Reduction
As specified in the 2014 Farm Bill, harvesting, grazing, or other
commercial use of the forage in response to a drought, flooding, or
other emergency is authorized without any reduction in the rental rate.
The socioeconomic effects of emergency haying and grazing on the local
and regional communities where these activities could occur has been
previously analyzed in the 2010 CRP SEIS and the ``2012 Environmental
Assessment for Emergency Drought Response on Conservation Reserve
Program Lands''; those analyses are incorporated by reference.
Accordingly, this non-discretionary change does not require further
analysis.
Prescribed Grazing Frequency
FSA allows annual prescribed grazing for control of invasive
plants. The 2010 CRP SEIS analyzed the impacts of prescribed grazing in
compliance with a grazing plan, which is part of the Conservation Plan
that includes frequency, timing, stocking rates, and type of grazing
animal; that analysis is incorporated by reference. The 2014 Farm Bill
provides clarification that such grazing can occur as determined in
consultation with the State Technical Committee; this change does not
require further analysis.
Alternatives
Many elements of the 2014 Farm Bill are mandatory and therefore,
non-discretionary or specifically required to be implemented. As FSA
has no decision-making authority over those non-discretionary
provisions of the 2014 Farm Bill, they are specified and assessed in
the Draft SPEIS as part of the No Action Alternative.
Other provisions in the 2014 Farm Bill provide overall guidance for
CRP, but FSA has some discretion in how to implement those provisions.
These discretionary aspects of the 2014 Farm Bill form the Proposed
Action. In addition, FSA proposes to implement additional discretionary
measures for targeting enrollment of environmentally sensitive lands
and to expand the flexibility of emergency haying and grazing in
drought-designated areas to provide necessary support to producers and
ranchers during difficult times.
The Draft SPEIS assesses the following two alternatives: The No
Action Alternative and the Proposed Action Alternative.
No Action Alternative
The No Action Alternative includes the following, each of which is
discussed below:
Grasslands eligibility and authorized activities; and
Final year of contract.
Grasslands Eligibility and Authorized Activities
The 2014 Farm Bill makes grasslands, which would have been
previously eligible for the Grassland Reserve Program (GRP), eligible
for enrollment in CRP. The eligibility of grasslands and authorized
activities are the same as those previously defined for GRP. Grasslands
enrollment would be limited to no more than 2 million acres at any
given time and would count against the total CRP maximum enrollment
authority. Enrollment would occur through Continuous Sign-up.
Grasslands would be enrolled in 10- or 15-year contracts like other CRP
acreage. Authorized activities on grasslands would differ from other
CRP lands and include:
Common grazing practices;
Haying, mowing, or harvesting for seed production;
Fire suppression, fire-related rehabilitation, and
construction of fire breaks; and
Grazing-related activities, such as fencing and livestock
watering.
Final Year of Contract and Enrollment in New Program
FSA allows a CRP participant to enroll expiring CRP land into the
Conservation Stewardship Program during the year prior to the
expiration of the CRP contract. FSA encourages agricultural and
forestry producers to address resource concerns by undertaking
additional conservation activities and improving and maintaining
existing conservation systems. FSA pays participants for conservation
performance--the higher the performance, the higher the payment. Land
is enrolled in 5-year contracts through Continuous Sign-up.
Furthermore, a stipulation in the 2014 Farm Bill would allow CRP land
to be enrolled in a new program, the Agricultural Conservation Easement
Program, without violation of the CRP contract. In general, the
Agricultural Conservation Easement Program combines the purposes of the
Wetlands Reserve Program, the GRP, and the Farm and Ranchlands
Protection Program by enrolling land in long-term or permanent
easements.
Proposed Action Alternative
Some elements of the 2014 Farm Bill provide overall guidance but
details of implementation are left to FSA's discretion. These
discretionary aspects of the 2014 Farm Bill form the Proposed Action
alternative. In addition to the 2014 Farm Bill mandatory provisions,
FSA proposes to implement additional discretionary measures for
targeting enrollment of environmentally sensitive lands and to expand
the flexibility of emergency haying and grazing in drought designated
areas. The components of the Proposed Action alterative include the
following, each of which is discussed below:
Targeted enrollment;
Managed harvesting and routine grazing frequencies; and
Emergency haying and grazing on additional conservation
practices.
Targeted Enrollment
Under the Proposed Action, in addition to the long-standing General
[[Page 41249]]
and Continuous Sign-up enrollment methods, FSA proposes to target
enrollment of environmentally sensitive land through a reverse auction
approach for select conservation practices. Targeted enrollment could
enable FSA to meet the reduced CRP enrollment cap while preserving the
ability to enroll land that would provide the greatest environmental
benefit. This approach would be similar to Continuous Sign-up, but with
an annual enrollment period, sign-up, and offer selection.
Managed Harvesting and Routine Grazing Frequencies
As specified in the 2014 Farm Bill, FSA continues to allow for
managed harvesting (hay or biomass) and routine grazing of CRP acres
provided these activities are included in the Conservation Plan and are
consistent with the conservation of soil, water quality, and wildlife
habitat. Harvesting and grazing activities must still avoid the Primary
Nesting Season. The State Technical Committee must develop appropriate
vegetation management requirements and identify periods during which
the activities could occur such that the frequency is:
At least once every 5 years, but no more frequent than
once every 3 years for managed harvesting; and
Not more frequent than once every 2 years for routine
grazing.
Emergency Haying and Grazing on Additional Conservation Practices
The Proposed Action includes making additional
conservation practices that are currently ineligible for any type of
haying or grazing eligible for emergency haying and grazing to provide
support to livestock producers during widespread drought conditions.
Allowing haying and grazing on the proposed conservation practices in
drought-designated areas would require concurrence and approval by
certain State or federal agencies.
Public Involvement
The Draft SPEIS provides a means for the public and any interested
parties to provide comments about the CRP changes analyzed in the Draft
SPEIS. The Draft SPEIS can be reviewed online at: http://www.fsa.usda.gov/FSA/webapp?area=home&subject=ecrc&topic=nep-cd or at
http://crpspeis.com.
FSA is having five public meetings to provide information and
opportunities for discussing the changes to CRP specified by the 2014
Farm Bill and analyzed in the Draft SPEIS. The public meetings will
feature an Open House format and interested parties are invited to
attend the meeting at any time during the allotted timeframe. Posters
and informational handouts as well as FSA representatives will be
available for the duration of the meeting to answer questions
concerning the Draft CRP SPEIS. The meetings are also an opportunity
for interested parties to officially provide comments on the Draft CRP
SPEIS. The meetings will be held at the following locations:
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Date Time Location information
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July 21, 2014................. 6:00 p.m.-8:00 Hilton Garden Inn,
p.m.. Spokane Airport,
9015 West SR Highway
2, Spokane,
Washington, 99224.
July 22, 2014................. 6:00 p.m.-8:00 Holiday Inn, Great
p.m.. Falls, 1100 5th
Street, South Falls,
Montana, 59405.
August 4, 2014................ 6:00 p.m.-8:00 Plains Cotton
p.m. Cooperative
Association, 3301
East 50th Street,
Lubbock, Texas,
79404.
August 5, 2014................ 6:00 p.m.-8:00 Stillwater Library,
p.m. 1107 S Duck Street,
Stillwater,
Oklahoma, 74074.
August 6, 2014................ 6:00 p.m.-8:00 Courtyard By Marriott
p.m. and Moorhead Area,
Conference Center,
1080 28th Avenue,
South, Moorhead,
Minnesota, 56560.
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Signed on July 11, 2014.
Juan M. Garcia,
Administrator, Farm Service Agency, and Executive Vice President,
Commodity Credit Corporation.
[FR Doc. 2014-16711 Filed 7-14-14; 8:45 am]
BILLING CODE 3410-05-P