Federal Register, Volume 74, Number 10, January 15, 2009, Pages 2293-2756 Page: 2,326
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Federal Register/Vol. 74, No. 10/Thursday, January 15, 2009/Rules and Regulations
Remaining sections have been re-
designated to accommodate the above
section re-designations.
Section 1467.9 Wetlands Reserve
Enhancement Program
Section 1467.9, Cost-share Payments,
is re-designated as 1467.10. A new
1467.9 is added to incorporate
provisions for implementing the new
Wetlands Reserve Enhancement
Program (WREP) created by the statute.
WREP provides the authority to enter
into agreements with States (or
subdivisions), nongovernmental
organizations, and Indian Tribes to
advance the purposes of WRP. WREP
will operate through an announcement
of funding in the Federal Register.
Proposals will be submitted to the
appropriate State Conservationist for
initial review, and recommended
proposals will be provided to the Chief
by the State Conservationists for
nationwide ranking and final selection.
NRCS believes that WREP will facilitate
the identification of unique enrollment
opportunities that are of regional or
National significance, and thus beyond
the normal purview of State-level
selection processes. However, selected
proposals and associated funding will
be provided through the applicable
State Conservationists in order to enter
into the WREP agreement with the
eligible partner.
Section 1467.9(b) includes language
for implementing a reserved rights pilot
authorized by the statute. Participants in
the reserved rights pilot are subject to
the general eligibility and program
administration requirements established
for this part. Under the reserved rights
pilot, landowners who wish to reserve
grazing rights in the grazing rights pilot
deed or 30-year contract must comply
with a WRPO which includes the
location, timing, intensity, frequency,
and duration of grazing. The Managers
Report language states that activities
occurring under a reserved rights
easement or 30-year contract shall be
covered by a conservation plan that is
developed and approved by NRCS.
NRCS intends to compile, evaluate, and
make available information acquired
through its monitoring of projects
enrolled through WREP in general, and
the reserved rights pilot specifically, to
ascertain the benefits gained through
these programmatic options.
The Managers Report also states that
NRCS should explore different types of
warranty easement deeds consistent
with the purposes of the program,
which will allow landowners to retain
the right to use the land for grazing
purposes. The reserved rights pilot willuse template deeds and 30-year
contracts, which will be made public
concurrent with the announcement of
availability of the pilot.
Section 1467.9(b)(4) on compensation
describes that the value of retained
grazing rights will be considered in
establishing compensation. The value of
the retained grazing rights, set by either
a Uniform Standards for Professional
Appraisal Practices (USPAP) appraisal
or a market survey, is subtracted from
the fair market value of the land; in
setting geographic area rate caps, a value
for grazing rights must be subtracted
from the established geographic rate cap
for the area.
Section 1467.10 Cost-Share Payments
As mentioned above, 1467.9 "Cost-
share payments" is re-designated as
1467.10 and revised to incorporate 30-
year contracts and to improve
readability.
Language is included throughout this
section to accommodate the inclusion of
maintenance as an activity that is
eligible for cost-share. Changes
throughout this section clarify that
conservation practices and activities, as
defined in 1467.3, are eligible for cost-
share. Maintenance is included in the
definition of activity under 1467.3.
Section 1467.10(a)(3) is added to
provide language for implementing the
$50,000 annual payment limitation for
restoration cost-share agreements,
consistent with the statutory
requirements of the 2008 Act
amendments.
Sections 1467.10(b), (c), and (d) are
revised to more fully describe the items
for which cost-share is available within
the WRPO. These items include
measures, activities, and components of
conservation practices which may be
necessary for alleviating problems or
improving a conservation treatment,
including as a maintenance activity.
Section 1467.10(e) is added to clarify
that the participant with the contractual
obligation with NRCS will be
responsible for completing restoration if
land enrolled in WRP is sold to a new
landowner who is unwilling, ineligible,
or unable to complete the restoration.
Eligible new landowners who agree to
the transfer of the responsibilities under
the easement restoration agreement or
restoration cost-share agreement, as
applicable, may receive cost-share
assistance for restoration if all
requirements for payment are met.
NRCS will seek refund of payments if
the participant with the contractual
obligation or the new landowner fail to
implement the required restoration asspecified in the WRPO.
Section 1467.11 Easement and 30-
Year Contract Participation
Requirements
Section 1467.10, Easement
participation requirements, is re-
designated as 1467.11. This section is
revised by adding a new 1467.11(b) to
make the requirements also applicable
to 30-year contracts. The requirements
for participation under the 30-year
contract option mirror the easement
participation requirements, except
where necessary to reflect that the 30-
year easement is not a real property
right such as an easement but a
contractual arrangement between NRCS
and an Indian Tribe or tribal member.
Additional minor revisions are made to
1467.11 for administrative clarity and
streamlining. This section is also
modified to clarify that the restoration
of lands enrolled in WRP is the
responsibility of the participant.
Section 1467.11(e) is added to include
the requirement that for all lands
enrolled in WRP, NRCS shall develop a
WRPO, which will be implemented by
the participant. This WRPO will be
signed by both NRCS and the
participant. This language is added to
further clarify the participant
responsibilities when enrolled in the
WRP.
Section 1467.12 The WRPO
Development
Section 1467.11 is re-designated as
1467.12. This section contains only
minor changes to clarify that NRCS is
the USDA agency with responsibility for
developing the WRPO.
Section 1467.13 Modifications
Section 1467.12 is re-designated as
1467.13, Modifications.
Section 1467.13(a)(4) clarifies that the
Chief will approve modifications and
under what circumstances
modifications may be approved; this
language was previously included in the
WRP Manual and is now being
incorporated in the rule to provide
clarification for the level of approval for
modifications. The Chief reserves the
authority to approve modifications to
ensure the long-term integrity of NRCS
easements.
Section 1467.13(b) is revised to
require agreement and signatures from
the participant and NRCS for a
modification to the WRPO. These
changes will ensure protection of the
Federal investment.
Section 1467.14 Transfer of Land
Section 1467.13 is re-designated as
1467.14. Section 1467.14(a) clarifies
what constitutes a transfer of land andthe impact of the transfer. In cases
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United States. Office of the Federal Register. Federal Register, Volume 74, Number 10, January 15, 2009, Pages 2293-2756, periodical, January 15, 2009; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc132872/m1/43/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.