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Rules and Regulations
Federal Register Vol. 86, No. 10
Friday, January 15, 2021

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

Discussion of RCPP 7 CFR part 1464

DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation 7 CFR Part 1464
Docket ID NRCS20190012
RIN 0578AA70

Regional Conservation Partnership Program Natural Resources Conservation Service NRCS and the Commodity Credit Corporation CCC, United States Department of Agriculture.
ACTION: Final rule.
AGENCY:

SUMMARY: This final rule adopts, with minor changes, an interim rule published in the Federal Register on February 13, 2020. The interim rule implemented changes to RCPP that were either necessitated by the Agriculture Improvement Act of 2018 the 2018
Farm Bill and changes for administrative streamlining improvements and clarifications. CCC
amended this interim rule with a technical correction on March 17, 2020.
NRCS received input from 65
commenters who provided 335
comments in response to the interim rule. This final rule makes permanent the provisions of the interim rule, responds to comments received, and makes further adjustments in response to some of the comments received.
DATES: Effective: January 15, 2021.
FOR FURTHER INFORMATION CONTACT: Kari Cohen; phone: 202 7206037; or email:
kari.cohen@usda.gov. Persons with disabilities who require alternative means for communication should contact the USDA Target Center at 202
7202600 voice.
SUPPLEMENTARY INFORMATION:

Background The 2018 Farm Bill reauthorized and amended RCPP. On February 13, 2020, an interim rule with request for
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comments was published in the Federal Register 85 FR 81318145 that added RCPP regulations in 7 CFR part 1464 to implement changes made by the 2018
Farm Bill. A technical correction was published in the Federal Register on March 17, 2020 85 FR 1505115052.
This final rule adopts, with minor changes, the interim rule.
RCPP, implemented under the direction of the Chief of NRCS, promotes coordination of NRCS
conservation activities with partners that offer value-added contributions to address on-farm, watershed, and regional natural resource concerns.
Through RCPP, NRCS seeks to co-invest with partners to implement projects that demonstrate innovative solutions to conservation challenges and provide measurable improvements and outcomes.
RCPP projects may only be carried out on agricultural or nonindustrial private forest land or associated land on which NRCS determines an eligible activity would help achieve conservation benefits. Eligible conservation activities may be implemented on public lands when those activities will benefit eligible lands as determined by NRCS
and are included in the scope of an approved RCPP project.
The interim rule:
Created a new part in the Code of Federal Regulations CFR to acknowledge that RCPP is now a standalone program, no longer subordinated to its covered programs.
Identified three contract types for implementation of RCPP, including programmatic partnership agreements, program contracts, and supplemental agreements.
Defined terms to address changes made by the 2018 Farm Bill, including Conservation benefits;
Eligible activity;
Eligible partner;
Lead partner;
Nonlead partner;
Participant;
Priority resource concern;
Project resource concern;
Proposal; and RCPP plan of operations.
Identified that NRCS may award up to 15 Alternative Funding Arrangement AFA projects, which rely on partner
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capacity to implement conservation activities.
Acknowledged the reduction from three funding pools to two and directed partners to apply to either the Critical Conservation Area CCA or State and Multistate funding pool.
Added provisions requiring all RCPP project partners to develop and report on their environmental outcomes.
Expanded the scope of RCPP by including the authorities of the Conservation Reserve Program 16
U.S.C. 38313835 and the Watershed Protection and Flood Prevention Program Pub. L. 83566, excluding the Watershed Rehabilitation Program, in the definition of covered programs.
Expanded the purpose of RCPP to include protection of drinking water and ground water on eligible land.
Allowed partnership agreements to be longer than 5 years in certain situations, as determined by NRCS, to further purposes of RCPP.
Allowed partnership agreement renewals for a period not to exceed 5
years that in certain situations may be funded through an expedited noncompetitive process.
Allowed a partnership agreement, or a renewal partnership agreement, to be extended one time for up to 12
months.
Required reporting publicly at the time of selection the amount of technical assistance TA that will be set aside for project implementation.
Acknowledged an obligation to provide guidance for partners on how to quantify and report project outcomes, including achievement of conservation benefits.
Summary of Comments The interim rule 60-day comment period ended May 12, 2020. NRCS
received 335 comments from 65
commenters in response to the rule.
NRCS reviewed these 335 comments and categorized and summarized them according to the topics identified below.
NRCS received comments on a wide variety of topics, including several comments of a general nature, most of which expressed support, as well as a few comments that were not relevant to RCPP or to the RCPP interim rule. The topics that generated the greatest response were easements, funding pools, program administration, program contracts, and proposals.

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