Federal Register, Volume 74, Number 10, January 15, 2009, Pages 2293-2756 Page: 2,319
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Federal Register/Vol. 74, No. 10/Thursday, January 15, 2009/Rules and Regulations
and local officials in the development of
regulatory policies that have federalism
implications." E.O. 13132 defines the
term "Policies that have federalism
implications" to include regulations
that have "substantial direct effects on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government." Under E.O.
13132, NRCS may not issue a regulation
that has federalism implication, that
imposes substantial direct compliance
costs, and that is not required by statute,
unless the Federal government provides
the funds necessary to pay the direct
compliance costs incurred by State and
local governments, or NRCS consults
with State and local officials early in the
process of developing the proposed
regulation. NRCS shows sensitivity to
Federalism concerns by requiring the
State Conservationist to meet with and
provide opportunities for involvement
of State and local governments through
the State Technical Committee. This
interim final rule will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government as specified in E.O.
13132. Thus, the Executive Order does
not apply to this rule.
Executive Order 13175
This interim final rule has been
reviewed in accordance with Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments. NRCS has assessed the
impact of this interim final rule on
Indian Tribal Governments and has
concluded that this rule will not
negatively affect communities of Indian
Tribal governments. The rule will
neither impose substantial direct
compliance costs on Indian Tribal
governments, nor preempt Tribal law.
Section 2904 of the Food, Conservation,
and Energy Act of 2008
This interim final rule with request
for comment amends the existing
Wetlands Reserve Program (WRP)
regulations. The Commodity Credit
Corporation and the Natural Resources
Conservation Service (NRCS), an agency
of the United States Department of
Agriculture (USDA), publishes this
interim final rule with request for
comment to incorporate programmatic
changes as authorized by amendments
in the Food, Conservation, and Energy
Act of 2008 (2008 Act). The Commodity
Credit Corporation (CCC) and theNatural Resources Conservation Service
(NRCS) are not required by 5 U.S.C. 553
or by any other provision of law, to
publish a notice of proposed rulemaking
with respect to the subject matter of this
rule. Section 2904 of the 2008 Act
requires regulations to be published
within 90 days after the date of
enactment and authorizes CCC and
NRCS to promulgate an interim final
rule effective upon publication with an
opportunity for notice and comment.
CCC and NRCS have determined that an
interim final rule is necessary to
expedite the effective date of
rulemaking in order to meet the intent
of Section 2904 of the 2008 Act.
Economic Analysis-Executive
Summary
Pursuant to Executive Order 12866,
Regulatory Planning and Review, the
Natural Resources Conservation Service
(NRCS) has conducted a benefit-cost
analysis of the Wetlands Reserve
Program (WRP) as formulated for the
Interim Final Rule. This requirement
provides decision makers with the
opportunity to develop and implement
a program that is beneficial, cost
effective, and that minimizes negative
impacts to health, human safety, and the
environment. Congress passed
amendments to the program that
requires the Secretary of Agriculture,
within 90 days after the enactment of
the WRP amendments, to promulgate
regulations necessary to carry out the
program.
In considering alternatives for
implementing WRP, the United States
Department of Agriculture (USDA)
followed the legislative intent to
optimize environmental benefits,
address natural resource concerns and
problems, establish an open
participatory process, and provide
flexible assistance to producers who
apply appropriate conservation
measures that enable the satisfaction of
Federal and State environmental
requirements. Because WRP is a
voluntary program, the program will not
impose any obligation or burden upon
agricultural producers who choose not
to participate. The program has been
authorized by the Congress with an
acreage target for program participation.
Funding for WRP comes from the
Commodity Credit Corporation.
The WRP provides technical and
financial assistance to eligible
landowners to address wetland, wildlife
habitat, soil, water, and related natural
resource concerns on private lands in an
environmentally beneficial and cost-
effective manner. As will be discussed
later, WRP program costs are the main
costs to consider in this analysis. TheWRP is an important tool in restoring
and protecting wetlands along with the
efforts of other governmental agencies,
non-profit organizations, and
landowners. Land enrolled in WRP can
produce substantial improvements in
on-site resource conditions and at the
same time substantial off-site
environmental benefits for the public-at-
large can also accrue. These on site and
off-site benefits could include: Creation
of high value wetlands, control of sheet
and rill erosion as lands are converted
form cropland to wetlands, creation and
protection of habitat for fish and
wildlife, including threatened and
endangered species and migrating birds;
improving water quality by filtering
sediments and chemicals; reducing
flooding; recharging groundwater;
protecting biological diversity;
controlling invasive species with
planting of natural vegetation; as well as
providing opportunities for educational,
scientific, and recreational activities. To
some extent, air quality could be
improved by reduced wind erosion and
by an increase in carbon stored in the
soil and reestablished vegetation,
leading to reduced atmospheric
amounts of carbon. Many of these
benefits are difficult to quantify,
although several studies have attempted
to do so. One such study, published in
2008, found that the "public willingness
to pay to enroll an additional acre of
typical fresh water marsh in the WRP is
about $425 annually." Capitalizing this
benefit flow at a seven percent rate
produced a per acre value of over $5,800
for permanent easement agreements; a
value of over $5,200 for 30-year
easement agreements; and a value of
almost $3,000 on 10-year restoration
agreements. Using a three percent
discount rate, these values become
$10,935, $8,330, and $3,625, for the
three types of agreements discussed
above, respectively. These values take
into consideration private benefits that
may be derived, such as income from
any fishing, hunting fees, and other
recreational activities that may be
realized by WRP landowners.
The main program costs include the
purchase of easements and wetland
restoration expenses with the program.
Although agricultural production ceases
from lands enrolled in WRP, this output
effect is expected to be small given that
WRP parcels are usually marginal
agricultural lands poorly suited for
efficient agricultural production.
Agricultural production from lands
better suited to agricultural use can
easily compensate for reduced
production from newly enrolled WRP
land. Approximately 89.8 percent of theWRP funding has been used for
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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/m1/36/: accessed May 13, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.