(a) NRCS assistance on an individual land unit that crosses a State, county, or field office boundary is the responsibility of the field office where the headquarters of the land unit is located, or as otherwise agreed upon by the client and respective State Conservationists. Conservation planning will be consistent with the FOTG covering the area where the land unit is located.

(b) For assistance to groups or units of government on a land unit that crosses a State boundary, the State Conservationists, in consultation with the client, will determine by mutual consent which State will have the lead responsibility for providing planning and other technical assistance.

Conservation planning data may be documented in hard copy, electronic format, or both, as appropriate. Agency approved software and software components will be used when the data is documented electronically.

Assistance provided will be in compliance with National Instruction 280-301, International Conservation Assistance. State Conservationists will provide access to instructions for affected field offices as appropriate.

NRCS policy and procedures on FOIA and PA are contained in National Instruction 120-310 and GM-120, Part 408, Subpart C.

(a) Public participation is an integral part of the NRCS planning process, and is described in GM-400, Part 400. Opportunities for public participation and involvement will be provided throughout the planning process to provide for a full partnership when working with groups (not acting as an individual), communities, and units of government. Individual conservation plans do not require public participation.

(b) Every areawide conservation planning effort will include a public participation component to the extent determined by the State Conservationist. Public participation activities are to be consistent with the requirements of applicable Federal statutes, Council on Environmental Quality (CEQ), National Environmental Policy Act (NEPA) regulations ( 40 CFR Parts 1500-1508), Civil Rights requirements and State statutes.

(a) NRCS certified conservation planner candidates must complete all modules of the NRCS Conservation Planning Course or equivalent, before completing the field review (See GM-180, paragraph 409.9(d)). The State Conservationist, in consultation with the NRCS National Employee Development Center Director, will determine the equivalence of other training courses. The State Conservationist may provide the person a letter of waiver of this requirement, if the individual has previously demonstrated competence in RMS plan development.

(b) Candidates must possess and demonstrate the following knowledge, skills, and abilities:

(1) Awareness of the National Conservation Program.

(2) Skill in applying the NRCS Conservation Planning Process.

(3) Ability to plan and implement conservation practices common to the geographic area.

(4) Knowledge of NRCS Field Office Technical Guide standards and specifications for applicable conservation practices in the State and locality.

(5) Skill in applying approved erosion prediction technology (Revised Universal Soil Loss Equation and the Wind Erosion Equation).

(6) Skill in using applicable site vulnerability assessment tools.

(7) Knowledge of Federal, State, tribal, and local laws and regulations.

(c) Candidates must meet any additional minimum qualifications and criteria for conservation planning assistance established by the State Conservationist.

(d) Candidates must complete at least one field reviewed Resource Management System (RMS) plan for a conservation management unit (CMU).

(1) The planner will be accompanied to the field by the State Conservationist's designee to meet with the decisionmaker.

(2) The candidate will be expected to demonstrate competency in the planning process and plan development.

(3) The observer will evaluate the planner's involvement with the decision-maker (landowner or land operator) in the planning process and whether all resource concerns associated with the CMU are adequately addressed.

(4) Field reviewed plans must be approved by the State Conservationist or designee prior to final delivery to the decisionmaker.

(e) NRCS certified conservation planners are responsible for keeping their own individual development plan updated to reflect conservation planning training needed and completed to maintain or increase their skill level. Training to maintain and update conservation planning skills must, at a minimum, occur once every three years.

(1) The State Conservationist will determine the type and minimum hours of training necessary to maintain the certified conservation planner designation.

(2) Supervisors and certified conservation planners share the responsibility to identify and provide opportunities for employees to achieve needed maintenance or additional knowledge enhancement requirements.

(3) NRCS certified conservation planners are responsible for keeping their own records of training completed and providing the information to NRCS as evidence of meeting the minimum certification requirements.

(f) The State Conservationist will address maintaining the certified conservation planner process and designation in the "State Quality Assurance Plan(s)".

(1) Each certified conservation planner's designation will be reviewed at least once every three years by the State Conservationist or designee.

(2) A sufficient number of conservation plans will be reviewed to determine that the conservation plans meet the NRCS planning policy and follow the procedures and guidelines listed in the NPPH.

(3) If an individual fails to meet the criteria for the certified conservation planner designation, the status will be revoked and the individual must be re-certified before providing conservation planning assistance.

(4) If multiple certified planner levels exist, an individual could become decertified at a higher designated level while retaining a lower certification level.

(a) A comprehensive nutrient management plan (CNMP) describes and documents a conservation system within a conservation plan that is unique to animal feeding operations.

(1) At a minimum, a CNMP must address quality criteria to the sustainable level for soil erosion and water quality for the planning unit associated with the animal feeding operation. Conservation planning activities associated with the development of a CNMP, however, should attempt to achieve a CNMP that addresses quality criteria to the RMS level for all five natural resources (soil, water, air, plants, and animals).

(2) Any CNMP that is developed by a NRCS or partner employee will have the plan approved by a NRCS certified conservation planner, as defined by GM-180, Part 409.3 or GM-180, Part 409.9.

(b) A CNMP may be comprised of six possible elements:

(1) Manure and Wastewater Handling and Storage.

(2) Land Treatment Practices.

(3) Nutrient Management.

(4) Record Keeping.

(5) Feed Management.

(6) Other Utilization Options.

(c) All of the elements, except Record Keeping, are technical in nature and require a certain level of acquired expertise to adequately address. To adequately address a specific element of a CNMP would require the planning and implementation of conservation practices that address the resource concerns identified for that specific element. An individual that has demonstrated a competency in planning and implementing conservation practices associated with one or more of the specific elements of a CNMP would qualify to be designated a “certified specialist.”

(d) Record Keeping is a task completed solely by the owner and/or operator and is not an element that involves an approval by a certified specialist.

(e) The elements Feed Management and Other Utilization Options at present do not have NRCS conservation practice standards associated with their development and implementation. These elements are considerations in the planning process and do not require NRCS element certification. Should feed management become more than a consideration as a part of the CNMP a qualified animal nutritionist should be used.

(f) The State Conservationist will establish a certification program, or use a program established by a national organization, university, Cooperative State Research and Extension Service, State government, or other appropriately qualified entity, that provides for certified specialists associated with the core elements of a CNMP, such as the following:

(1) Manure and Wastewater Handling and Storage.

(2) Land Treatment Practices.

(3) Nutrient Management.

(g) This paragraph establishes the minimum requirements associated with certification of individuals who will approve the development and/or design and implementation of elements of a CNMP. Any certification program must satisfy these requirements. Candidates for certification must also meet any additional qualifications and requirements established by the State Conservationist. The State Conservationist will ensure that all pertinent State certification and licensing requirements (e.g., engineering license, certified nutrient management specialist.) are met as a part of any program established.

(1) General Requirements.

This subsection describes the general requirements that the State Conservationist must address in the approval of any certification program for “certified specialists”. The State Conservationist will determine how competency will be demonstrated or measured as part of the certification process for each of the following:

(i) An awareness of the NRCS conservation planning process comparable to the information contained in the NRCS Conservation Planning Course, Modules One to Five.

(ii) An awareness of agricultural waste management systems equivalent to the information contained in the NRCS Agricultural Waste Management Systems: A Primer Course.

(iii) The contents and use of the NRCS Field Office Technical Guide as related to specific elements of the CNMP for which expertise is being provided.

(iv) Criteria associated with the various elements of a CNMP as contained in the NRCS Comprehensive Nutrient Management Planning Technical Guidance.

(v) Applicable local, State, tribal, and Federal laws and regulations that impact the elements of a CNMP.

(2) Requirements Specific to Elements of a CNMP.

This subsection describes the requirements specific to certain elements of a CNMP. As a part of the certification process, the State Conservationist will determine how competency will be demonstrated or measured for the following elements:

(i) Manure and Wastewater Handling and Storage.

This element addresses the components and activities associated with the production facility, feedlot, manure and wastewater storage and treatment structures and areas, and any areas or mechanisms used to facilitate transfer of manure and wastewater. The following are required:

(A) Knowledge adequate to design and implement conservation practices typically used to address this element of a CNMP. The State Conservationist will need to identify the conservation practices typically used in the State to address this element.

(B) Working knowledge of the information contained in the NRCS Agricultural Waste Management Systems Level 2 Course, or equivalent.

(ii) Land Treatment Practices.

This element addresses the land on which manure and wastewater from an animal feeding operations will be applied. The following knowledge and skills are required:

(A) Skill in applying soil loss and/or wind erosion prediction tools, as appropriate.

(B) Skill in using site vulnerability assessment tools. Acceptable site vulnerability assessment tools allowable for use in a State will be specifically identified as part of that State’s certification process.

(C) Knowledge of the NRCS conservation planning process.

(D) Knowledge adequate to design and implement conservation practices common to the geographic area.

(iii) Nutrient Management.

This element addresses the requirements for land application of all nutrients and organic by-products (e.g., animal manure, commercial fertilizers, crop residues, legume credits, and irrigation water) that must be evaluated and documented for each Conservation Management Unit. The following knowledge, skills, and abilities are required:

(A) Working knowledge of the information contained in the NRCS Introduction to Water Quality Course, or equivalent.

(B) Skill in using nutrient risk assessment tools. Acceptable risk assessment tools allowed for use in a State will be identified as part of that State’s certification process.

(C) Working knowledge of the information in the NRCS Nutrient and Pest Management Considerations in Conservation Planning Course, as it pertains to nutrient management, or equivalent.

(D) Skill in developing a plan to address the nutrient management conservation practice in compliance with the NRCS Nutrient Management (FOTG Practice Code 590), and, as appropriate, Irrigation Water Management (FOTG Practice Code 449) conservation practice standard(s).

(h) Training.

Training must be provided through NRCS training courses, on-the-job training, or equivalent courses and methods approved by the State Conservationist as meeting the identified training requirement. The State Conservationist, in consultation with the Director, National Employee Development Center will grant approval for course equivalency in lieu of an NRCS formal training course.

(i) Maintaining Certifications.

Certified specialists are responsible for keeping and completing updating of their own individual development plan to reflect training needed and to maintain or increase their skill level. Training to maintain and update skills must, at a minimum, occur once every three years. The State Conservationist will determine the type and minimum hours of training necessary to maintain the certified specialist designation.

(j) Quality Assurance.

The State Conservationist will address maintaining certified specialist certification programs in their “State Quality Assurance Plan.” The State Conservationist or designee will review each certified specialist designation, at least once every three years. A sufficient number of plans and/or design reviews will be completed to determine whether the plans and/or designs developed and implemented will meet NRCS conservation practice standards and policy, and the intent of the Comprehensive Nutrient Management Plan Technical Guidance. If an individual fails to meet the qualifications or criteria established for a certified specialist designation the status will be revoked by the certifying organization, and the individual must re-certify

(k) Certified Specialists.

NRCS will maintain a list of certified specialists certified by NRCS. Each NRCS-approved source of a certification program for third parties will maintain a current list of specialists certified by that program and will make it available to the State Conservationist.

(a) NRCS roles in pest management are:

(1) Evaluating environmental risks associated with probable pest management recommendations.
(2) Developing appropriate mitigation alternatives to minimize environmental risks.
(3) Assisting clients to adopt Integrated Pest Management (IPM) that helps protect natural resources.
(4) Assisting clients to develop and implement an acceptable pest management component of their overall conservation plan. 

(b) The State Conservationist must ensure that all NRCS personnel who provide technical assistance for pest management are properly trained and meet applicable requirements for their positions as well as State or local licensing and/or certification requirements. In addition, the State Conservationist must establish a process to provide continuing education to maintain employee competency.

(c) Although certification is not required to develop or revise pest management components of conservation plans, all persons who approve pest management components of conservation plans must be certified specialists in pest management. A certified conservation planner as required by GM-180, Paragraph 409.3(b) will approve the overall conservation plan.

(d) The State Conservationist must establish a program to certify specialists who approve pest management components of conservation plans, including:

(1) NRCS employees
(2) Volunteers
(3) Employees of Soil and Water Conservation Districts and State Conservation agencies that have requested to participate.

(e) The State Conservationist may establish a program to certify third party vendors and other private sector individuals such as certified crop advisors and crop consultants. Existing programs from national certifying organizations, land grant universities, Cooperative State Research Education, and Extension Service, State government agencies and other appropriately qualified entities may be utilized as components of the NRCS certification program in a State.

(f) In addition, the State Conservationist must establish a process to provide continuing education to maintain certification for all specialists who approve pest management components of conservation plans.

(g) The State Conservationist must address the following in establishing a program for certifying specialists who approve pest management components of conservation plans:

(1) An understanding of the conservation planning process.
(2) An understanding of the production systems where pest management will be applied.
(3) An understanding of local, State, and Federal laws and regulations related to pest management.
(4) An understanding of natural resource concerns related to pest management activities.
(5) An awareness of the content of NRCS pest management policy.
(6) An understanding of the content and use of the NRCS FOTG.
(7) Proficiency in applying the NRCS pest management standard ( FOTG Practice Code 595).

(h) For items 1 through 7 listed above, the State Conservationist must determine how competency will be demonstrated. The following are minimum requirements:

(1) Successful completion of " NRCS Conservation Planning Modules One through Five" or equivalent.
(2) Successful completion of the "NRCS Introduction to Water Quality Course" or equivalent.
(3) Successful completion of the pest management track of the NRCS "Nutrient and Pest Management Considerations in Conservation Planning" course or equivalent.
(4) Demonstrated skill in using the Windows Pesticide Screening Tool (WIN-PST) and/or other appropriate pest management environmental risk screening tools.
(5) Demonstrated skill in developing the pest management component of a conservation plan based on the State Pest Management (FOTG Practice Code 595) conservation practice standard.