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Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations Although these transfers create incentives that likely cause changes in the way society uses its resources, NRCS
lacks data with which to identify where these resources would otherwise be used.
NRCS also recognizes that applicants and participants incur costs in terms of time used to gain access to ACEP. We estimate the imputed value of applicant and participant time spent in accessing the program from FY 2019 through 2023
at $1.1 million for the 5 years.
Our estimates of costs, benefits and transfers of ACEP on an annual basis are reported in Table 1. Given a 3 percent discount rate, the projected annualized real cost to producers of accessing the program is $229,000 and the projected annualized real transfers are $433
million. Conservation benefits from the easement are difficult to quantify at a national scale but have been described by studies at an individual project or watershed or local scale.

the NRCS regulations for compliance with NEPA 7 CFR part 650. NRCS
conducted an analysis of the ACEP
interim rule and NRCSs analysis determined there would not be a significant impact to the human environment and as a result, an environmental impact statement EIS is not required to be prepared 40 CFR
1501.5 and 1501.6. The Environmental Assessment EA and Finding of No Significant Impact FONSI were available for review for 30 days from the date of publication of the interim rule in the Federal Register. NRCS considered comments received during the 30-day period and determined minor changes to the ACEP EA and FONSI were sufficient, and that no information warranting preparation of an EIS was received. The final ACEP EA and FONSI
have been posted to the NRCS
homepage at https
www.nrcs.usda.gov/wps/portal/nrcs/
detail/national/programs/farmbill/
?cid=stelprdb1263599.

TABLE 1ANNUALIZED REAL ESTIExecutive Order 12372
MATED
COSTS, BENEFITS, AND
Executive Order 12372, TRANSFERS a Category Cost b
Benefits
Transfers

Annual estimate $229,000
Qualitative $433,000,000

a All estimates are discounted at 3 percent to 2019. Note that this table focuses on the costs, benefits, and transfers of the entire program, not the marginal change in a comparison of the 2014 and 2018 Farm Bills.
b Imputed cost of applicant time to gain access to the program.

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Regulatory Flexibility Act The Regulatory Flexibility Act 5
U.S.C. 601612, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 SBREFA, generally requires an agency to prepare a regulatory analysis of any rule whenever an agency is required by APA
or any other law to publish a proposed rule, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. This rule is not subject to the Regulatory Flexibility Act because this rule is exempt from notice and comment rulemaking requirements of the APA and no other law requires that a proposed rule be published for this rulemaking initiative.
Environmental Review The environmental impacts of this rule have been considered in a manner consistent with the provisions of NEPA
42 U.S.C. 43214347, the regulations of the Council on Environmental Quality 40 CFR parts 15001508, and
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Intergovernmental Review of Federal Programs, requires consultation with State and local officials that would be directly affected by proposed Federal financial assistance. The objectives of the Executive order are to foster an intergovernmental partnership and a strengthened federalism, by relying on State and local processes for State and local government coordination and review of proposed Federal financial assistance and direct Federal development. For reasons specified in the final rule-related notice regarding 7
CFR part 3015, subpart V 48 FR 29115, June 24, 1983, the programs and activities in this rule are excluded from the scope of Executive Order 12372.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule will not preempt State or local laws, regulations, or policies unless they represent an irreconcilable conflict with this rule.
Before any judicial actions may be brought regarding the provisions of this rule, the administrative appeal provisions of 7 CFR part 11 are to be exhausted, consistent with 7 U.S.C.
6912e.
Executive Order 13132
This rule has been reviewed under Executive Order 13132, Federalism.
The policies contained in this rule do not have any substantial direct effect on States, on the relationship between the Federal Government and the States, or
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on the distribution of power and responsibilities among the various levels of government, except as required by law. Nor does this rule impose substantial direct compliance costs on State and local governments. Therefore, consultation with the States is not required.
Executive Order 13175
This rule has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. Executive Order 13175
requires federal agencies to consult and coordinate with Tribes on a Government-to-Government basis on policies that have Tribal implications, including regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes or on the distribution of power and responsibilities between the Federal Government and Indian Tribes.
The USDAs Office of Tribal Relations OTR has assessed the impact of this rule on Indian Tribes and determined that this rule does not have significant Tribal implications that require Tribal consultations at this time for ACEP, which is a beneficial voluntary program.
Notwithstanding this conclusion, OTR
believes that continued focused outreach to Tribes could increase engagement in ACEP and provide assistance with water quality issues for Tribes. OTR states that NRCS has adhered to the spirit and intent of Executive Order 13175. If a Tribe requests consultation, NRCS and CCC
will work with OTR to ensure meaningful consultation is provided where changes, additions, and modifications identified in this rule are not expressly mandated by the 2018
Farm Bill. Tribal consultation for this rule was included in the 2018 Farm Bill Tribal consultation held on May 1, 2019, at the National Museum of the American Indian, in Washington, DC.
The portion of the Tribal consultation relative to this rule was conducted by Bill Northey, USDA Under Secretary for the Farm Production and Conservation mission area, as part of the Title I
session. There were no specific comments from Tribes on ACEP during this Tribal consultation.
Additionally, NRCS held sessions with Indian Tribes and Tribal entities across the country in the spring of FY
2019 to describe the 2018 Farm Bill changes to NRCS conservation programs, obtain input about how to improve Tribal and Tribal member
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