Minnesota Department of Agriculture Minnesota Department of Natural Resources Minnesota Pollution Control Agency Minnesota Board of Water and Soil Resources April 16,2009 Submitted via http://regulations.gov Financial Assistance Programs Division USDA Natural Resources Conservation Service Washington, D.C. Re: Wildlife Habitat Incentives Program (WHIP) Interim Final Rule We are writing to comment on the January 15,2009 WHIP interim final rule and the March 12, 2009 request for additional input. Our comments reflect the perspectives of four Minnesota state agencies-the Department ofAgriculture, Department of Natural Resources, Pollution Control Agency and Board of Water and Soil Resources. The March 12 correction to the WHIP interim final rule included a request for input on how WHIP can simultaneously achieve its purposes and advance national efforts to produce renewable energy, conserve energy, mitigate the effects of climate change, facilitate climate change adaptation or reduce net carbon emissions. In response to this request for input, we recommend (1) Promoting WHIP practices that involve perennial vegetation; (2) Drawing attention to the energy-conserving value of many WHIP practices; and, (3) Collaborating with conservation districts, carbon credit aggregators and others to inform prospective enrollees about the potential for carbon credit payments (in addition to WHIP cost-share) for many WHIP practices. Also, regarding WHIP practices that generate waste wood (such as timber stand improvement or shelterbelt renovation), we see a potential match between the goal of renewable energy production and the critical need in Minnesota and other states to safely dispose of waste wood that is infected or potentially infected by invasive species (such as emerald ash borer); that is, infected waste wood could potentially be used to produce renewable energy. Below are additional, more specific comments about the WHIP interim final rule. § 636.1 Applicability. • Program purpose. We cOmmend NRCS's continued efforts to help WHIP participants develop fish and wildlife habitat on private lands. We are concerned, however, that the purpose statement limits the program to those private lands on which agricultural, livestock or forest-related products are produced. (See related comment beloW.) § 636.3 Definitions. • Applicants. In Minnesota, most WHIP contracts have been on non-agricultural land. We are concerned that limiting applicants to those with "an interest in an agricultural operation" will result in lost opportunities to improve fish and wildlife habitat. • At-risk, species. We recommend designating state Departments of Natural Resources as the lead agency for technical advice to the State Conservationist concerning at-risk wildlife species. § 636.6 Establishing priority fOr enrollment in WHIP. • National, regional, or state fish & wildlife habitat concerns. We recommend replacing "and" with "or" in all references to national, regional, and state fish and wildlife habitat concerns or initiatives, here and throughout the interim rule, including § 636.8 WHIP plan of operations. § 636.7 Cost-share payments. • Eligible conservation practices. (1) We recommend requiring consultation with State Technical Committees to identify conservation practices eligible for payment. (2) We recommend specifying in the rule that eligible conservation practices may include development and implementation of conservation activity plans including grazing, haying, forestry and stubble management-provided these activities occur outside of the nesting season. § 636.7 Cost-share agreements. • Minimum duration. (1) We recommend clarifying that the one-year minimum duration applies only to management practices. (2) We recommend establishing a minimum duration of 5 years for structural and vegetative ptactices. Thank you for the opportunity to comment on the WHIP interim t1nal rule. Feel free to contact any of the following agency staff if you have questions about our comments: • Wayne Edgetion, Ag Policy Coordinator, MN Dept ofNatural Resources, 651-259-5223 • Julie Klocker, Assistant Director, MN Board of Water and Soil Resources, 651-297-5617 • Barbara Weisman, Conservation Policy Specialist, MN Dept ofAgriculture, 651-201-6631 • Wayne Anderson, Agriculture Liaison, MN Pollution Control Agency, 651-757-2195 Sincerely, /Mark Holsten/ Mark Holsten, Commissioner Minnesota Department of Natural Resources /John Jaschke/ John Jaschke, Executive Director Minnesota Board of Water and Soil Resources /Gene Hugoson/ Gene Hugoson, Commissioner Minnesota Department of Agriculture /Paul Eger/ Paul Eger, Commissioner Minnesota Pollution Control Agency cc: Minnesota Governor Tim Pawlenty NRCS State Conservationist Bill Hunt U.S. Senator Amy Klobuchar U.S. Representatives Michele Bachmann, Keith Ellison, John Kline, Betty McCollum, James Oberstar, Erik Paulsen, Collin Peterson and Timothy Walz