About Federal Rules
After legislation is passed by Congress and signed into law by the President, agencies publish rules in the Federal Register that explain how the legislation will be administered and implemented by the agency.
Agencies such as NRCS can publish various kinds of rules depending upon whether the legislation needs to be implemented immediately or if public comment will be accepted prior to implementation of the regulations.
NRCS conservation program regulations are required to be published as an “interim” rule which allows the regulations to be implemented immediately while allowing a period of time after publication for public comment. NRCS considers and responds to these public comments when it publishes a final rule for the program.
With the passage of the 2014 Farm Bill, NRCS will be posting to this website the publication of rules to support new or revised program legislation such as the Environmental Quality Incentives Program (EQIP), Conservation Stewardship Program (CSP), the Agricultural Conservation Easement Program (ACEP), etc.
CSP | EQIP | ACEP | IFR Changes to Existing Programs | 7 CFR Part 12 Conservation Compliance
Conservation Stewardship Program
Summary of Changes in the CSP Final Rule -back to top-
NRCS has issued an final rule for implementation of the Conservation Stewardship Program (CSP). CSP helps agricultural producers maintain and improve their existing conservation systems and adopt additional conservation activities to address priority resources concerns.
The following list identifies some of the changes that are reflected in the CSP Final Rule.
Noteworthy Changes in the CSP Final Rule
- Removes the specific dollar amount ($1000) associated with a minimum contract payment and replaces it with language to indicate that the minimum contract payment will depend on a rate determined equitable by the Chief based upon the effort required by a participant to comply with the terms of the contract. NRCS extends the minimum contract payment availability to all participants.
- Replaces the requirements that at least one additional conservation activity must be scheduled, installed, and adopted in the first fiscal year of the contract to requiring the additional conservation activity within twelve months of entering into a CSP contract. NRCS also provides flexibility with respect to the timing associated with completion of enhancements and adoption of resource conserving cropland rotations where such flexibility is needed to meet greater stewardship levels.
- Clarifies the difference between a transfer of land and a resulting transfer of contract rights, the requirement of a participant to notify NRCS about any loss of control of land under contract, when a new producer becomes eligible for payment, and the circumstances when partial or full termination of the contract may be appropriate.
Summaries of the changes made by the interim final rule and its comments is available on the Regulations.gov website, as is a PDF of the rule.
Other CSP Links
CSP Farm Bill page | CSP - Payment for Performance | CSP Civil Rights and Regulatory Impact Analyses
Environmental Quality Incentives Program
Summary of Changes in the EQIP Final Rule-back to top-
NRCS has issued a final rule for implementation of the Environmental Quality Incentives Program (EQIP). EQIP provides financial and technical assistance to agricultural producers in order to address natural resource concerns and deliver environmental benefits such as improved water and air quality, conserved ground and surface water, reduced soil erosion and sedimentation or improved or created wildlife habitat.
Noteworthy Changes in the EQIP Final Rule
- Increases flexibility for forestry landowners regarding their implementation of forest management plans.
- Clarifies how screening factors are used as part of the evaluation and selection of projects
- Clarifies provisions related to how a participant’s transfer of land under contract affects program participation.
A complete list of changes in the EQIP Final Rule is available on the web.
View The EQIP Final Rule on the Federal Register website:
https://www.regulations.gov/#!documentDetail;D=NRCS-2014-0007-0066
or download the full rule in PDF.
Other EQIP Links
Farm Bill home page | EQIP Farm Bill page | EQIP Program Page
Agricultural Conservation Easement Program
Summary of Changes in the ACEP Final Rule -back to top-
NRCS has issued a final rule implementing the Agricultural Conservation Easement Program (ACEP). ACEP is a new easement program that consolidates three former easement programs – the Wetlands Reserve Program (WRP), Grassland Reserve Program (GRP), and Farm and Ranch Lands Protection Program (FRPP). ACEP is composed of two components; an Agricultural Land Easement (ALE) component and a Wetlands Reserve Easement (WRE) component.
The purposes of the ALE component are to protect the agricultural use and future viability and related conservation values, of eligible land by limiting nonagricultural uses of that land and to protect grazing uses and related conservation values. The purpose of the WRE component is to restore, protect, and enhance wetlands on eligible lands while maximizing wildlife habitat benefits.
Noteworthy Aspects of the ACEP Final Rule
- ACEP consolidates provisions from FRPP, GRP, and WRP into two primary components Agricultural Land Easements (FRPP and GRP purposes) and Wetland Reserve Easements (WRP purposes)
- Requires that an eligible entity or owner of eligible land agree to comply with conservation compliance requirements before they are able to receive ACEP assistance.
- Provides authority for modification, subordination, exchange, or termination of ACEP easements and easements enrolled under the predecessor programs.
- Details the entity certification process for ACEP-ALE to add flexibility and encourage participation as a certified entity
- Reduced the length of ownership requirement from 7 years to 24 months in ACEP-WRE and clarifies circumstances needed for a waiver of the ownership requirement
- Provides the criteria to determine when to enroll lands in ACEP-WRE that are established to trees under the Conservation Reserve Program
A complete summary of changes is available on the web or as a PDF (51KB)
View ACEP Final Rule
https://www.gpo.gov/fdsys/pkg/FR-2016-10-18/pdf/2016-24504.pdf
Other ACEP Links
Farm Bill home page | ACEP homepage
IFR of NRCS Changes to Existing Programs
Summary of Changes in IFR of NRCS Changes to Existing Programs-back to top-
On August 1, 2014, NRCS published an interim final rule with request for comments in the Federal Register (79 FR 44635) that amended a number of agency regulations to implement mandatory changes made by the Agricultural Act of 2014 (the 2014 Act). The interim rule made the following changes to existing conservation program rules:
- NRCS amended 7 CFR §610.24 to update the list of Title XII programs to which the State Technical Committee Rule applies.
- NRCS amended the Healthy Forests Reserve Program (HFRP) regulation at 7 CFR §625.2 to adjust the regulatory definition of “acreage owned by Indian tribes” to conform with the new statutory definition of the term in Section 502(e)(3) of the Healthy Forests Restoration Act, as amended by Sec. 8203 of the 2014 Act.
- NRCS amended the HFRP and the Watershed Operations regulation at 7 CFR part 622 to incorporate their status as programs used in the implementation of the Regional Conservation Partnership Program (RCPP).
- NRCS updated Subpart C of the Technical Service Provider rule at 7 CFR part 652 to designate the Deputy Chief for Programs as the decertification official for TSPs.
- NRCS removed the regional equity rule, formerly at 7 CFR part 662, from the Code of Federal Regulations.
- NRCS amended the rule for the Voluntary Public Access and Habitat Incentive Program (VPA-HIP) at 7 CFR part 1455 to reflect the transfer of the program’s administration from the Administrator of the Farm Service Agency to the Chief of NRCS.
- NRCS amended the rule governing the Agricultural Management Assistance Program (7 CFR Part 1465) to maintain consistency with the EQIP program.
NRCS solicited comments on the interim final rule for 60 days ending September 30, 2014. Six comments were received on the rule. Overall, the commenters supported the changes made by the interim rule. This final rule therefore makes only technical and clarifying changes to language adopted in the interim rule, and adds one additional mandatory change to reflect a change made by the 2014 Act to the Emergency Watershed Protection Program implementation of floodplain easements.
For the VPA-HIP, this final rule clarifies that tribal land that is operated, including leased land, by a person or legal entity qualifies as “privately-held” land and is thus eligible to be enrolled.
The mandatory change for the Emergency Watershed Protection Program incorporates the authority for easement modifications and terminations provided for in the 2014 Farm Bill.
Other Changes to Existing Programs Links
IFR of NRCS Changes to Existing Programs (PDF, 242KB)
See public comments on the IFR of NRCS Changes to Existing Programs
Final Rule, Changes to Existing Conservation Program Regulations
Changes to Existing Conservation Program Regulations on Federal Register website
7 CFR Part 12 Conservation Compliance
Summary of Changes in 7 CFR Part 12 Conservation Compliance -back to top-
This rule amends the U.S. Department of Agriculture (USDA) regulations that specify the conservation compliance requirements that participants in USDA programs must meet to be eligible for certain USDA benefits. The USDA benefits to which conservation compliance requirements currently apply include marketing assistance loans, farm storage facility loans, and payments under commodity, disaster, and conservation programs. The conservation compliance requirements apply to land that is either highly erodible land (HEL) or that is wetlands.
This rule amends the regulations to implement the Agricultural Act of 2014 (2014 Farm Bill) provisions that: make the eligibility for Federal crop insurance premium subsidy benefits subject to conservation compliance requirements; and convert the wetland mitigation banking pilot to a program and authorizes 10 million dollars for the Secretary to operate a wetland mitigation banking program. This rule specifies the conservation compliance requirements, exemptions, and deadlines that apply in determining eligibility for Federal crop insurance premium subsidy from the Federal Crop Insurance Corporation (FCIC). This rule also modifies easement provisions relating to mitigation banks as specified in the 2014 Farm Bill, and clarifies provisions regarding the extent of agency discretion with respect to certain violations.
View ACEP Interim Final Rule Comments on Regulations.gov:
http://www.regulations.gov/#!documentDetail;D=USDA-2015-0001-0001
Other Conservation Compliance Links
Conservation Compliance homepage
