Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES

term average size of farm is contained in the Census. Based on ALE
application and enrollment data, use of this nationally available data item continues to be appropriate. NRCS
affirms that proximity to other protected lands continues to be one of the national ranking criteria set forth in the regulation.
No change is made to the regulation in response to these issues.
Comment: NRCS received comment recommending that NRCS allow ACEP
ALE eligible entities to participate in State technical committee recommendations for ACEPALE
ranking determinations.
Response: Eligible entities may participate in the State technical committee; however, they may not participate in developing ranking factors for programs in which they participate.
If potential participants had input into ranking factors, NRCS selection decisions would be suspect. NRCS will provide training to State offices describing the roles of eligible entities.
No change is made to the regulation in response to this issue.
Comment: NRCS received comment supporting various aspects of the ACEP
ALE ranking provisions, including:
Commending NRCS for not using cost as a ranking criterion; commending NRCSs consideration of proximity to other protected land as a ranking criteria; and commending the straightforward implementation of ranking that allows States to prioritize parcels through ranking criteria.
Response: NRCS appreciates the comments.
Comment: NRCS received comment recommending landowners who have protected their land through ACEPALE
receive priority for funding under NRCS financial assistance programs, such as the Environmental Quality Incentives Program EQIP.
Response: NRCS receives input on program priorities, including priorities for enrollment in its financial assistance programs, from the State technical committees. There is no need to identify priorities for other programs enrollment in the ACEP regulation. No change is made to the regulation in response to this issue.
Definitions NRCS received comment related to the definitions in the ACEP interim rule as follows:
Comment: NRCS received comment related to the terms future, agricultural, and long-term with respect to the term viability.
Comment recommended that greater consistency be applied throughout the
VerDate Sep<11>2014

15:54 Feb 03, 2021

Jkt 253001

final rule for the three terms with respect to the term viability; the definition of agricultural viability, as referenced in the Managers Report language, be clarified; and various items be added to, or deleted from, the definition of future viability.
Response: Since the creation of ACEP
in the 2014 Farm Bill, the statute uses the phrase agricultural use and future viability in the program purposes statement. In response to comments on the February 2015 ACEP interim rule, NRCS included a definition of future viability to identify that ACEPALE
purposes include the legal, physical, and financial conditions under which the land itself will remain capable and available for continued sustained productive agricultural or grassland uses. The 2018 Farm Bill maintained the reference to agricultural uses and future viability in the context of the program purposes and introduced the term agricultural viability in the context of potential application prioritization. NRCS believes that the existing definition of future viability, which is sufficiently expansive without being overly prescriptive, includes such concepts as accessibility to beginning farmers or ranchers and continued affordability. To address the request for clarity, NRCS has included a reference to the adoption of a farm or ranch succession plan as another example of a condition that supports the future viability of the protected land.
Comment: NRCS received comment related to the definition of historically underserved landowner, recommending that socially disadvantaged farmers be specifically identified, be included in the definition of historically underserved landowners, and be added to the definition of socially disadvantaged farmer or rancher. This comment refers to the provision in the interim rule associated with farm or ranch succession planning that identifies new or beginning farmers or ranchers, veteran farmers or ranchers, or other historically underserved landowners.
Response: The definition of historically underserved landowner includes beginning, limited resource, socially disadvantaged, and veteran farmer or ranchers. As a result, the definition of farm or ranch succession plan has been modified in this final rule to refer simply to historically underserved landowner since this term is all-encompassing. The definition of socially disadvantaged farmer or rancher has been in the definitions section since the ACEP regulation was first promulgated in 2015.

PO 00000

Frm 00011

Fmt 4700

Sfmt 4700

8123

Comment: NRCS received comment that suggested replacing the concept of watersheds with watershares.
Response: NRCS has long been involved in watershed and watershed planning, and the term watershares is not a universal term. No change is made to the regulation in response to this issue.
Comment: NRCS received comment requesting that the definition of riparian areas be modified to eliminate the movement for wildlife as an element.
Response: The definition of riparian areas has long included reference to the movement of wildlife as it is one of the critical functions of riparian areas. No change is made to the regulation in response to this issue.
Comment: NRCS received comment requesting removal of reference to species that are likely to undergo population decline from the definition of at-risk species. The commenter objected to an unnamed agency imposing restrictions through an unknown process.
Response: The interim rule identified the determination of likely to undergo population decline is made by the NRCS State Conservationist, with advice from the State technical committee or Tribal Conservation Advisory Council.
The definition is shared across NRCS
conservation programs, all of which are voluntary. No change is made to the regulation in response to this issue.
Comment: NRCS received comment requesting a change to the definition of agricultural commodity so that the intent to harvest annually rather than tillage is used as the determining mechanism.
Response: The definition of agricultural commodity is contained in statute. No change is made to the regulation in response to this issue.
Easement Administration Actions NRCS received comment related to easement administration actions as follows:
Comment: NRCS received comment related to the identification of the sequencing procedures under the National Environmental Policy Act NEPA with respect to easement administration actions, recommending that easement administration actions related to sequencing considerations be classified as categorical exclusions for NEPA analysis. Other comment suggested that the provision be amended to eliminate NEPA sequencing review if the easement administrative actions either enhance purposes of the ACEPALE program or do not materially threaten the ALEs protection
E:FRFM04FER1.SGM

04FER1