[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Notices]
[Pages 66672-66674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18348]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
[Docket ID NRCS-2024-0014]
Request for Public Input About Implementation of the
Sustainability Targets in Agriculture to Incentivize Natural Solutions
Act
AGENCY: Natural Resources Conservation Service, USDA.
ACTION: Request for information.
-----------------------------------------------------------------------
SUMMARY: The Natural Resources Conservation Service (NRCS) requests
public input for USDA to use all available tools to support climate-
smart agriculture and forestry and advance conservation priorities on
working lands. The Sponsoring USDA Sustainability Targets in
Agriculture to Incentivize Natural Solutions Act of 2021 (the SUSTAINS
Act) was signed into law as part of the Consolidated Appropriations Act
of 2023. The SUSTAINS Act expands USDA's authority to accept
contributions of private funds to support existing conservation
programs and provides additional guidelines for those contributions.
Specifically, the SUSTAINS Act provides an opportunity for the private
sector to partner with USDA in engaging farmers and ranchers in
conservation initiatives, including expanding conservation practices to
sequester carbon, improve wildlife habitat, protect sources of drinking
water, and address other natural resource priorities.
DATES: We will consider comments that we receive by September 16, 2024.
Comments received after that date will be considered to the extent
possible.
ADDRESSES: We invite you to send comments in response to this notice.
You may send comments through the method below:
Federal eRulemaking Portal: Go to http://www.regulations.gov and search for Docket ID NRCS-2024-0014. Follow the
online instructions for submitting comments.
All comments received, including those received by mail, will be
posted without change and will be publicly available on http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Lisa Bertelson, telephone: (253) 778-
2409; email: [email protected].
Individuals who require alternative means for communication should
contact the U.S. Department of Agriculture (USDA) Target Center at
(202) 720-2600 (voice and text telephone (TTY)) or dial 711 for
Telecommunications Relay service (both voice and text telephone users
can initiate this call from any telephone).
SUPPLEMENTARY INFORMATION:
Background
In Title I of Division HH of the Consolidated Appropriations Act,
2023 (Pub. L. 117-328), section 202, (the SUSTAINS Act amended section
1241(f) of the Food Security Act of 1985 (16 U.S.C. 3841(f))). The
SUSTAINS Act authorized NRCS to accept contributions of non-Federal
funds (contribution account authority) to support a range of covered
existing conservation programs, as detailed below.
The original authority for the contribution account was enacted as
part of the Food, Conservation, and Energy Act of 2008, and included
all programs authorized under subtitle D of title XII of the Food
Security Act of 1985 except the Conservation Reserve Program. Due to
changes under the Agricultural Act of 2014, the authority of the
contribution account became limited to supporting only the
Environmental Quality Incentives Program and the Conservation
Stewardship Program. The SUSTAINS Act expanded the authority to include
other conservation programs, including:
the Agricultural Conservation Easement Program;
the Regional Conservation Partnership Program;
the Emergency Watersheds Protection Program;
the Healthy Forests Reserve Program; and
[[Page 66673]]
the Watersheds Protection and Flood Prevention Act
programs (excluding the Watershed Rehabilitation Program).
Both new and existing covered programs assist agricultural
producers, landowners, and others with addressing natural resource
concerns. The SUSTAINS Act also made changes to the administration of
contributed funds, which allows NRCS the option to match contributions
with program funds and permits contributors to designate funds for use
in a specific program or geographic area. In addition, the SUSTAINS Act
includes provisions that allow contributing entities to prescribe the
terms for owning the entity's share of environmental service benefits
that result from funded activities, subject to the approval of the
Secretary. In implementing the SUSTAINS Act, NRCS is interested in
improving program delivery by effectively dedicating the additional
funds to increase outreach and expand access to underserved producers.
NRCS is requesting comments and recommendations from the public to
determine how to best allocate private funds to target specific natural
resource concerns associated with agricultural production. NRCS will
consider the comments provided in response to this request when
determining the next steps for implementing the SUSTAINS Act, which
could include a proposed rule.
List of Questions for Commenters
The following list of questions is not exhaustive and serves only
to assist members of the public in formulating comments on some of the
most important issues that NRCS is considering. Members may provide
feedback about the SUSTAINS Act that is outside the parameters of the
provided questions. The questions are not intended to restrict or limit
feedback that members of the public may provide.
Program Prioritization and Initial Implementation
1. Should USDA actively solicit the contribution of funds, and if
so, how?
2. The SUSTAINS Act identifies several objectives that can be
addressed through this provision (such as changing climate,
sequestering carbon, improving wildlife habitat, protecting sources of
drinking water, and addressing other natural resource priorities
identified by the Secretary). Should USDA initially prioritize
requesting contributions for specific natural resource priorities? If
so, which natural resource priorities?
3. Should USDA initially launch a pilot program to use contributed
funds? If so, what might that pilot program look like?
4. Are there certain covered programs that USDA should dedicate
contributions or pilot the program first?
Program Administration
1. The SUSTAINS Act provides criteria that the Secretary should
consider when determining whether to accept private funds, such as the
source of funds; any natural resource concerns to be addressed;
consistency with the Secretary's priorities; and ``other factors
determined by the Secretary to be relevant'' (16 U.S.C. 3841(f)(3)).
What other criteria or issues should the Secretary consider in
determining whether to accept a contribution of private funds?
2. What processes should USDA establish to document contributions?
3. How should USDA ensure that there is no conflict of interest or
appearance of impropriety associated with accepting funds from certain
sources?
Environmental Benefit Accounting
1. How should the environmental service benefits generated through
the SUSTAINS Act be defined? Specifically, what type of parameters
would need to be in place?
2. Should the environmental service benefits be consistently
quantified, and if so, by which methods or protocols?
3. Would you be interested in supporting NRCS conservation programs
as a contributing entity through the SUSTAINS Act? If yes, would you
also want to acquire environmental credits through the projects you
support? If so, what type of credits (for example, carbon credits,
water quality credits, etc.)?
Interest and Participation
1. What steps should USDA take to address any potential barriers to
producer participation? What steps should USDA take to address
challenges that a private entity may face when considering contributing
funds?
2. What steps should USDA take to make this program attractive to
both producers and potential contributing entities?
3. What type of protections should USDA adopt to ensure that
producers receiving contributed funds are treated equitably to other
conservation program applicants and participants that do not receive
contributed funds?
4. What mechanisms should USDA adopt to ensure that producers who
receive contributed funds are sufficiently aware of the conditions for
those funds?
5. How should potential contributing entities best use this program
to meet their goals? What might potential outcomes be?
6. When evaluating options for implementing the SUSTAINS Act, how
should USDA ensure the program is equitable and beneficial to farmers,
ranchers, and rural communities, while still advancing maximum
conservation benefits?
Maximizing the Value of Public Feedback
NRCS plans to use the answers provided by the public to inform its
approach to delivering the funds contributed under and covered by the
SUSTAINS Act. NRCS encourages public comment on these questions and
requests any additional information that commenters believe is
relevant. NRCS is particularly interested in feedback that identifies
specific data, policies, procedures, or processes and includes
actionable information, data, or viable alternatives that would assist
in implementing programmatic goals and requirements. You may contact us
by sending an email to: [email protected] if you have
questions or concerns. Please specify the Docket ID: NRCS-2024-0014 in
the subject line.
Review of Public Feedback
NRCS will use the input from the public comments to improve our
program delivery for any funds made available.
This document is issued solely for informational and program-
planning purposes. Public comments provided in response to this
document will not bind NRCS to any further actions, including
publication of any formal response or agreement to initiate a
recommended change. NRCS will consider the feedback in the public
comments and make changes or consider improvements at our sole
discretion.
Finally, comments submitted in response to this document will not
be considered as petitions for rulemaking as specified in the
Administrative Procedure Act (5 U.S.C. 553(e)).
USDA Non-Discrimination Policy
In accordance with Federal civil rights law and USDA civil rights
regulations and policies, USDA, its Agencies, offices, and employees,
and institutions participating in or administering USDA programs are
prohibited from discriminating based on race, color, national origin,
religion, sex, gender identity (including gender expression), sexual
orientation, disability, age, marital status, family or
[[Page 66674]]
parental status, income derived from a public assistance program,
political beliefs, or reprisal or retaliation for prior civil rights
activity, in any program or activity conducted or funded by USDA (not
all bases apply to all programs). Remedies and complaint filing
deadlines vary by program or incident.
Individuals who require alternative means of communication for
program information (for example, braille, large print, audiotape,
American Sign Language, etc.) should contact the responsible agency or
USDA TARGET Center at (202) 720-2600 (voice and text telephone (TTY))
or dial 711 for Telecommunications Relay Service (both voice and text
telephone users can initiate this call from any telephone).
Additionally, program information may be made available in languages
other than English.
To file a program discrimination complaint, complete the USDA
Program Discrimination Complaint Form, AD- 3027, found online at:
https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint and at any USDA office or write a letter addressed to USDA
and provide in the letter all the information requested in the form. To
request a copy of the complaint form, call (866) 632-9992. Submit your
completed form or letter to USDA by: (1) mail to: U.S. Department of
Agriculture, Office of the Assistant Secretary for Civil Rights, 1400
Independence Avenue SW, Washington, DC 20250-9410; (2) Fax: (202) 690-
7442; or (3) email: [email protected].
USDA is an equal opportunity provider, employer, and lender.
Terry Cosby,
Chief, Natural Resources Conservation Service.
[FR Doc. 2024-18348 Filed 8-15-24; 8:45 am]
BILLING CODE 3410-16-P