Federal Register - September 22, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Notices
Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming to include hydrology indicators for the identification of FWs that are not playas, pocosins, or potholes. These indicators will be used by NRCS to identify FWs as part of the technical documents and procedures to conduct wetland determinations on agricultural land for USDA program eligibility purposes as required by law as specified in 16 U.S.C. 3822.
The controlling regulations for the wetland conservation WC provisions of the Food Security Act of 1985, as amended, are provided in 7 CFR part 12, Highly Erodible Land and Wetland Conservation. The regulations broad definition of wetland determination describe an FW in part using two criteria. First, an FW is a wetland that prior to December 23, 1985, was manipulated and used to produce an agricultural commodity at least once before December 23, 1985. Second, FWs are described as wetlands that on December 23, 1985, did not support woody vegetation, and met the following hydrologic criteria: If not a playa, pocosin, or pothole, experienced inundation for 15 consecutive days or more during the growing season or 10
percent of the growing season, whichever is less, in most years 50percent chance or more.
To decide effectively whether an area supports the required inundation for a FW that is not identified as a playa, pocosin, or pothole, the regulations then provide three options:
1. Observation of wetland hydrology indicators as identified in the local NRCS Field Office Technical Guide;
2. Procedures identified in State OffSite Methods for wetland identification set forth in the local NRCS Field Office Technical Guide; or 3. The use of analytic techniques, such as the use of drainage equations or the evaluation of monitoring data.
The proposed FW hydrology indicators provide those NRCS will use under option one.
On August 28, 2020, USDA published a final rule in the Federal Register 85
FR 5313753152 for the highly erodible land and wetland conservation provisions of the Food Security Act of 1985, as amended. The rule changed how NRCS identifies hydrology criteria for FWs that are not playas, pocosins, or potholes, consistent with the discussion above. Prior to that final rule, the regulations specified that NRCS would
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identify FWs by using hydrology indicators showing evidence of recent inundation as contained in the applicable regional supplement to the Corps of Engineers Wetland Delineation Manual.
The preamble to the August 28, 2020, final rule provided that until such time as the updates to the NRCS Field Office Technical Guides have been published and public notice provided, NRCS will continue to use Group B Evidence of Recent Inundation hydrology indicators from the regional supplements to the Corps of Engineers Wetland Delineation Manual, as specified in the interim rule, published December 7, 2018, in the Federal Register 83 FR 6304663052, to identify FWs that are not playas, pocosins, or potholes. Those Group B
wetland hydrology indicators currently used by NRCS can be found in the regional supplements to the Corps of Engineers Wetland Delineation Manual at https www.usace.army.mil/
Missions/Civil-Works/RegulatoryProgram-and-Permits/reg_supp/. The Corps of Engineers hydrology indicators will no longer be used by NRCS for the identification of FWs that are not playas, pocosins, or potholes once the State-specific NRCS indicators are considered final and published in Section 1 of each States Field Office Technical Guide.
Notification and Public Comment Section 343 of the Federal Agriculture Improvement and Reform Act of 1996
16 U.S.C. 3862 note specifies that USDA must allow public notice and comment for revisions to NRCS State technical guides which are used to carry out the Food Security Act of 1985
highly erodible land and wetland conservation provisions 16 U.S.C.
38013824.
NRCS will consider all comments that are received during the 30-day comment period. The final version of the Field Office Technical Guide for the States of Alabama, Alaska, Arizona, Arkansas, California, Caribbean Area, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii/Pacific Islands Area, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming as revised to include hydrology indicators for the identification of FWs that are not playas, pocosins, or potholes will be
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adopted after the close of the 30-day period and after consideration of all comments. Responses to comments will be posted at https www.nrcs.usda.gov/
wps/portal/nrcs/detailfull/national/
programs/farmbill/
?cid=nrcseprd1542016 once each States final version is adopted.
Astor Boozer, Regional Conservationist, West Region, Natural Resources Conservation Service.
Terrell Erickson, Regional Conservationist, Northeast Region, Natural Resources Conservation Service.
Noller Herbert, Acting Regional Conservationist, Central Region, Natural Resources Conservation Service.
James Tillman, Regional Conservationist, Southeast Region, Natural Resources Conservation Service.
FR Doc. 202120474 Filed 92121; 8:45 am BILLING CODE 341016P
DEPARTMENT OF COMMERCE
Census Bureau Agency Information Collection Activities; Submission to the Office of Management and Budget OMB for Review and Approval; Comment Request; Redistricting Data Program The Department of Commerce will submit the following information collection request to the Office of Management and Budget OMB for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. We invite the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the publics reporting burden. Public comments were previously requested via the Federal Register on May 07, 2021, during a 60-day comment period.
This notice allows for an additional 30
days for public comments.
Agency: U.S. Census Bureau, Department of Commerce.
Title: Redistricting Data Program.
OMB Control Number: 06070988.
Form Numbers: P402, P403, P4
04, P405, and P406.
Type of Request: Regular submission, Revision of a Currently Approved Collection.
Number of Respondents: 52.
Average Hours per Response:
Phase 4: 8 hours.
Phase 5: 2 hours.
Burden Hours: 520 hours.
Phase 4: 416 hours.
Phase 5: 104 hours.
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