01/26/2009 15: 28 3175711223 INDIANA WILDLIFE FED PAGE 01 
8 nz'V11 T&7lramE INDIANA WILDLIFE FEDERATION 
COMMON SENSE CONSERVATION SINCE 1938 
Conservation Technical Assistance Programs Division 
U. S. Department of Agriculture 
Natural Resources Conservation Service 
1400 Independence Avenue, SW., Room 601 5-S 
Washington, DC 20250-2890. , 
Re: Comments on USDA State Technical Committee Interim Final Rule 
RECEIVED JAN 28 
USDA State Technical. Committees provide invaluable advice to USDA officials at the state and 
local level, especially the USDA State Conservationist. h passing the 2008 Farm Bill, Congress 
made some changes to the language concerning those invited to serve on State Technical 
Committees, along with changes to the language outlining xesponsibiLitics of the committees. 
The Indiana Wildlife Federation wishes to provide some comments concerning those changes 
and appreciates the opportunity afforded us by the USDA to provide our recommendations. 
The Indiana Wildlife Federation (TWF), one of the oldest conservation organizations in Indiana, 
is a statewide, non-profit organization of individuals, conservation clubs, and organizations 
dedicated to the wise use of our state's natural resources. I W is involved in a wide variety of 
issues that affect the management om natural resources on a local a d state level, as well as the 
national level as the state affiliate of the National. Wildlife Federation. And no issue is more 
important to human and wildlife long term survival than soil consmation and protecting the 
quality of our water supply. 
The Indiana Wildlife Federation is cu~~cntly represented on Indiana's State Technical 
Committee, has been for many y~ars, and appreciates the opportunity to provide input and expert 
wildlife management advice on Natural Resource Conservation Service Programs. We hope we 
will continue to be afforded the opportunity to work directly with NRCS in Indiana, our State 
Conservationist and hm excelkmt staff as a member of the State Technical Committee. 
I. State Technical Committee Membership 
The 2008 Farm Bill changed the language concerning the composition of the State Technical 
Committees. We believe that a careful reading of the statute does not preclude representatives 
fiom any particular agency or organization from serving on the committees, but rather simply 
narrows the list of agencies and organizations fi-om which the State Conservationist is required to 
invite representatives. 
As the d e notes, the statute dmps the US Fish & Wildlife Service, and "other agency personnel 
with expertise in soil, water, wetland, and wildlife management as the Secretary determines 
appropriate," fkom the designated list of agencies and organizations. However, the new law says 
the technical committee "shall. include representatives from among the following ..." but the 
4715 West 106th Street Zionsville, IN 46077 Phone: 317 875-9453 (WILD) Fax: 317 875-9442 
800 347-3445 www.indianawildlife.org 

INDIANA WILDLIFE FED PAGE 02 
language does not limit the technical committee to representatives from those agencies and 
organizations. 
As the federal agency charged with implementing the Endangered Species Act and other 
important fish and wildlife conservation laws, the US Fish & Wildlife Sewice provides 
invaluable expertise on state techaical committees. Other agencies, like USDA Rural 
Development; the U.S. Environmental Protection Agency; the Bureau of Land Managment; the 
Bureau of Indian Affairs; the US. Geological Sumey; the Bureau of Reclamation; the Army 
Corps of Engineers; and the state coastal zone management agency also provide valuable advice 
and information. 
We believe the USDA is correct in providing that "the State Conservationist will iirvtte 
representatives frons these and other relevant Federal and Stak agewies, as well as the 
private sector, to participate as needed. " 
We would urge USDA to go further, and require by directive (not just allow) that USDA State 
Conservationists issue invitations to these agencies and organizations. Other state and regional 
agencies may also be able to provide valuable advice. The Chesapeake Bay Commission, an 
inter-state flyway council, a University expert, or a state climate change agency or energy office 
could also provide vduable advice within their expertise. 
We ask USDA to broaden its language in the rub to recad: "The State Conservationist will. 
invite other relevant Federal, state and re~ional agencies, or~axxizations, and persons 
knowledgeable about economic and environmental. impacts of conservation techniques and 
programs to participate as needed." (section 610.22(b)) 
Finally, while we note that the state technical committees "shall include representatives from 
mong...(l2) Nonprofit organizations within the meaning of section 501(c)(3) of the Internal 
Revenue Code of 1986 with demonstrable conservation expertise and experience working with 
agricultural producers in the State ..." -- thus, in our view, requiring the State Consemttionists to 
invite representatives from such organizations -- the statute does notprohihid persons from 
nonprofit organizations not fitting that description from serving on State Technical Committees. 
Where they are ccprofessionals that represent a variety of disciplines in the soil, water, wetland 
and wildlife sciences," they can also contribute important expertise to the State Technical 
Committee. 
We bdieve this is the intent of the language cited above in Section 61 0.22(b), but we would not 
want to have State Conservationists tun away otherwise valuable committee members because 
they don't fit the definition of an agency or organization required to be invited. 
111. State Technical Committee Operating Procedures 
The rules indicate that the Natural Resource Conservation Service (NRCS) plans to establish 
standad operating procedures for USDA State Technical Committees through directives made 
available to the public, and asks for comment on the scope of these directives. From the rules: 
"@) NRCS shall establish and publish in a Federal Register notice national standard operating 

INDIANA WILDLIFE FED PAGE 03 
procedures governing the operation of State Technical Committees and Local Working Groups. 
Ths standard operating procedures will. outline items such as: The best practice approach to 
establishing, organizing, and effectively utilizing State Technicdl Committees and Local 
Working Groups; direction on publication of State Technical Committee and Local Worlang 
Croup meeting notices and agendas; State Technical Committee meeting summaries; how to 
provide feedback on State Conswationist decisions regarding State Technical Committee 
recommendations; and other items as determined by the Chief of NRCS ." 
The 2008 Farm Bill requires that the Secretary develop "(1) standard operating procedures to 
standardize the operations of State technical committees; a d (2) standards to be used by State 
ttxhical committees in the development of technical guidelines under section 12626) for thc 
implementation of the conservation provisions of this title." 
We believe ghat the bask outline ofprocedures and standards should bepublished forpublic 
comment aspart of this rulemaking, rather than developed as s directive. These procedures 
and standards are important to implmmting the law, and believe they would benefit from public 
participation and comment. We undmtand that the details that fill out that outline would be 
appropriately filled in written directives published in the Federal Register. 
In particular, whether published as a rule or a directive, we believe the procedures and stanc2asds 
should require tbe following tit a minimum: 
Notice of State Technical Committee (and subcommittee and local work group) meetings should 
be made to the public in ailvance of the meetings, and people interested in the meetings should 
have a means of requesting that they receive such notices; 
People who request and are turned down from serving on a State Technical Committee (or 
subcommittee or local work p u p ) should be told in writing and given an explanation ofthe 
reason they were turned down; and 
USDA should maintain notices of upcoming meetings, minutes of past meetings, a current list of 
State Technical Committee members, and instructions for requesting a seat on the State 
Technical Committee on the NRCS web site for each state. 
11. State Technical Committee Jurisdiction. 
We recognize that Congress changed the statute, removing language that provided specific 
responsibilities for State Technical Committees, while providing language that generally gives 
the State Technical. Committees a range of general advisory responsibilities, We appreciate the 
long list of constsrvation programs that are included in the d e (section 610.24), but would note 
that some progrms, such as the Coopcrative Consmation Partnership Initiative, are not 
included. 
As the National Wildlife Federation has noted in comments filed concerning the Agricu1.tural 
Management Assistance program, nothing in the statutes appears to limit the State Technical 
Committee to provide advice on programs outside of the Conservation Title, We believe there 

INDIANA WILDLIFE FED PAGE 04 
arc instmces where the expertise of the State Teclulical Committee can and should be sm@~t to 
provide advice on those programs. 
We therefore ~rge USDA to include after the long Zis~ ofprog~ams in section 610.24 the 
followirtg sentence: "Each State Technical Commitlee maty also provide advice on such ofher 
programs or conservation issues as may be requested by the State Conservationist." 
N. Local Work Groups 
The rule provides that "(b) Local Workring Groups. (1) A Local Working Group shall be 
composed of conservation district officials, agricultural producers representing the variety of 
crops and livestock or poultry raised within the local area, noninclustdd private forest land 
owners, and other professionals represenfing relevant agricultural and conservation, interests and 
a variety of 4isciplines in the soil, water, plant, wetland, and wildlife sciences who are familiar 
with private land agricuZtural ancZ natural resource issucs: in the local community." 
We believe USDA's standard operating procedures for State Technical Committees should make 
it dear that USDA State Conservationists should invite a broad may of agencies, organizations, 
producers, and conservation professionals to serve on local, work groups. 
V. Appeals of State Technical Committee Membership Decisions 
The proposed rule says "decisions of the State Conservationist concerning membership on the 
committee are final and are not subject to appeal" (pg 71523). We respect that State 
Consexuationists should have broad latitude to invite and allow broad and varied expertise on 
State Twhnical Committees, while keeping the committee to a workable size. However, we do 
not believe that a decision as important as this should have no means of appeal in the event a 
decision was arbi.brajy or capricious. 
We ask that USDA allow revise the rules to allow persons denied membership on the State 
Technical Comm.itt~e to appeal that decision to the Secretary of AgricuIture. 
Thank you again for the o&brtunitY to mment and offer recommendations 
...... 
... " Yours in Conservation, 
Cc: Jane Hardisty, State Conservationist 
Indiana NRCS