c ' RECEIVED JA& 26 2669 conserving natural resources urrrficturc Wyornlng Assooiatlon of Conservation Dlstrlcts 51 7 E. 10th Street Cheyenne, WY 82001 Phone: 307-632-5716 - Fan: 807-838-4099 January 26,2009 Via Facsimile: 202-720-2998 Conservation Technical Assistance Programs Division US Department of' Agriculture Natural Resource Conservation Service 1400 Independence Avenue, SW Room 60154 Washington, DC 20250-2890 RE: Docket Number NRCS-EFR-08010 Dear Sirmadam, The Wyoming Association of Conservation Districts (WACD) appreciates the opponunity to comment on the Slate Technical Committee regulation that was published in the Federal Register on November 25, 2008. WACD represents Wyoming's 34 local conservation districts, local political subdivisions of state government, with statutory responsibilities and authorities for natural resource conservation programs, The WACD incorporates by reference herein the comments submitted by the National Association of Cor~servation Districts on December 16, 2008 and further offers the comments below. I . 61022 State Technical Committee membership. COMMENT: WACD would request and recommend that subparagraph (d) be modified to include the language indicated below: ''In accordance with the guidelines in paragraphs (a), (b) and (c) of this section, the State Conservationist establishes membership on the State Technical Committee. Jt is the State Conservationists r w ~ o n s i b D t e r ests. Individuals or groups wanting to participate on a State Technical Committee within a specific State may submit to the State Conservationist of that particular State a request that explaitis their interest and outlines their credentials which they believe are relevant to bccorning a member of the State Technical Committee. " CONSERVATION - OEVELOPMENT - SELF-GOVERNMENT J A N- 2 6- 8 9 84:82 AM WACDl State Technical Comml#8 e Rule Comments This language is consistent with current policy for operations of the State Technical Committees in the NRCS Manual. 501.1 1 Roles and Responsibilities of State Technical Commit~ces. WACD believes that this is a significant enough issue to warrant being included in this rule. It will be imperative that balance and equal representation on the State Technical Committee be maintained to avoid any question of bias and maintain the integrity of the process. 610.23 State Technical Committee meetings. COMMENT: In addition to the input provided by NACD, WACD requests that the 14 day meeting notice be modified to a 30 day meeting notice. This would allow for less conflict and more participation in State Technical Committee meetings. 610.24 Responsibilities of State Technical Committees, COMMENT: WGCD recommends that subparagraph (b) be modified to include a requirement that if the State Conservationist does indeed reject the State Committee's ncommenda~ion that rationale as to the basis for that rejection be communicated to the State Technical Committee. In addition. WACD understands that the language contained in subparagraph (c) "Stute Technical Committees shall review whether Local Working Groups are addressing State priorities". is based on language in the Act. WACD would recommend that ejther in this rule or in the implementing policies that some recognition be given to the fact that many slate's andor local districts may have a number of different program resources at its disposal, subsequently what may appear as a failure to address State Priorities may merely bc a case of using a variety different programs to more effectively meet local priorities. Far example, in Wyoming the state legislature has created a "Wildlife & Natural Resrturce Trust Fund" which provides a significant source of funding for wildlife and natural resol~rce improvement efforts. Obviously, as the nilme denotes the priority for this funding is placed on wildlife habitat protection and improvement. If the State Technical Commirtee establishes a state priority, for example, to address Sage Grouse habitat issues. a local Conservation District may have obtained a sizeable grant for addressing this priority and subsequentIy the local workgroup may feel that the use of EQIP funding would be more effectively used in addressing other resource priorities that are unmet, such as irrigation efficiency or animal feeding operation projects. This provision of the Act and rule should not be applied in a blanka fashion without regard to State Technical Committee Rule Colnmenls January 26,6009 Page 3,, . focal circumstances. WACD requests that some language be included in this section to clarify that in addition to the review of whether state priorities are met that some consideration be given to the use and application of other funding sources outside of the farm bill conservation program fund implementation. 4. 6 1 O,2S Su bcomnlittees and Local Working Groups COMMENT: WACD recommends that paragraph (b) (2) of this section be modified to allow for local working groups to not only provide recommendations on local natiiral resource priorities and criteria for co~iservation activities and programs, but to also provide input to the State Technical Committee for their consideration in establishing state priorities. WACD is concerned that the absence of such language, combined with the nquirc~nenl in 610.24 discussed above that requires State Technical Comrnittec review-of whether local working groups are addressing State priorities, the input from the local level for State level consideration may not exist, Fo:r the process to work most effectively, it is imperative that two way communications occur from the local level to the State level as well as the State level to the local level. Again, WACD appreciates the opportunity to provide comment and looks forward to working in partilership with NRCS in the implementation of the conservation programs to most effectively : meet the natural resource needs of the private landowners of Wyoming. Sincerely, 1 Ralph Brokaw President Cc; Wyoming's Conservation Districts Wyoming Agriculture Organizations Wyoming Department of Agriculture