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Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations agencies, and other partners to continue to leverage resources and expertise.
Response: NRCS relies on its partners to assist NRCS in its delivery of ACEP
WRE and will continue to utilize its authorities to coordinate with these valuable partners. No change is made to the regulation in response to this issue.
Comment: NRCS received comment supporting the continued allocation of a portion of ACEP funds for monitoring and management of existing easements and recommending that State Conservationists have discretion to determine the appropriate portion of the individual State allocation to be used for monitoring and management of existing easements.
Response: NRCS National Headquarters provides on-going coordination, guidance, and support to State Conservationists to ensure that sufficient funds are dedicated and used to appropriately monitor, manage, and enforce stewardship lands. No change is made to the regulation in response to this issue.

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Landowner EligibilityAdjusted Gross Income AGI Limitation Waiver NRCS received comment related to the AGI limitation waiver as it affects landowner eligibility to enroll in ACEP
as follows:
Comment: NRCS received comment related to the definition and criteria for environmentally sensitive lands of special significance, including encouraging NRCS in its AGI waiver determinations to give the most consideration to lands with the highest conservation value, particularly lands of special significance that can demonstrate significant linkages with the conservation objectives of migratory bird, wetlands conservation, and water quality programs, plans, or initiatives.
Comment also requested that environmentally sensitive land of special significance be explicitly defined.
Response: NRCS will consider the factors noted in the comment in granting AGI waivers. Terms associated with the AGI waiver are set forth in the regulations governing payment limitation and payment eligibility requirements, including AGI provisions, at 7 CFR part 1400. No change is made to the regulation in response to this issue.
Comment: NRCS received comment suggesting that NRCS expand eligibility for AGI waivers, including allowing the waiver for all ACEPALE enrollment, automatically waiving AGI for BPS
transactions, and interpreting AGI
waiver factors broadly.

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Response: NRCS may only grant waivers on a case-by-case basis where the waiver criteria are met. Broadening the waiver authority to eliminating AGI
applicability to all ALE enrollment types is outside statutory authority. No change is made to the regulation in response to this issue.
Comment: NRCS received comment seeking increased streamlining and guidance regarding AGI waivers.
Response: NRCS will continue its ongoing efforts to streamline processes through the use of new tools. NRCS will continue to develop and release specific guidance as needed. No change is made to the regulation in response to this issue.
Comment: NRCS received comments expressing support for the use of AGI
waiver authority in ACEP.
Response: NRCS appreciates support for its AGI waiver process.
Program Administration NRCS received comment on the topic of program administration as follows:
Comment: NRCS received one detailed comment emphasizing the importance of protecting endangered and at-risk species through ACEP. This comment specifically referred to salmonid species.
Response: NRCS appreciates the importance of protecting threatened and endangered species and its responsibility to comply with the Endangered Species Act ESA, including ESA section 7a1. As part of its conservation planning framework and site-specific NEPA process, NRCS
also considers impacts to at-risk species as required by its NEPA implementing regulations 7 CFR part 650. No change is made to the regulation in response to this issue.
Comment: NRCS received comment related to outreach activities, including recommending that: NRCS retain its outreach focus on historically underserved farmers and ranchers;
funds expended for historically underserved purposes be identified and made public; and NRCS ensure that the process is streamlined to ensure access to disadvantaged and underserved populations. Comment also reminded NRCS regarding sovereign-to-sovereign consultation for Farm Bill easement programs having Tribal implications.
Response: NRCS will continue to evaluate options to enhance opportunities for historically underserved producers and focus resources on ensuring parity in program enrollment. NRCS conducted several Tribal meetings in FY 2019 and FY 2020
and State Conservationists obtained input on program implementation from
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the Tribal Conservation Advisory Committees. No change is made to the regulation in response to this issue.
Comment: NRCS received comment expressing specific support for various aspects of program administration, including supporting NRCS discretion to waive certain program administration provisions and commending NRCS for continuing to obtain input from State technical committees, other Federal and State agencies, conservation districts, and other organizations.
Response: NRCS appreciates the support it has received for ACEP
administration.
Comment: NRCS received comment urging continued or increased consultation with partners and stakeholders, including State technical committees, non-governmental organizations, and the U.S. Fish and Wildlife Service.
Response: NRCS will continue to seek stakeholder input on how to improve program administration, especially input that NRCS receive on State and local resource issues. No change is made to the regulation in response to this issue.
Comment: NRCS received comment asking that technical assistance provided by NRCS regarding compliance with easement terms be clarified and recommending creation of ACEP-specific forms. Comment also recommended guidance on conflicts of interest and information on the implementation of Voluntary Public Access and Habitat Incentives Program VPAHIP.
Response: NRCS will continue its ongoing efforts to streamline processes, including modifying its required forms, through the use of new tools.
Additionally, NRCS will continue to develop and release guidance on specific topics as needed. NRCS
regulation and policy regarding VPA
HIP is provided separately and can be found in 7 CFR part 1455, and associated agency policy is available on the NRCS website. No change is made to the regulation in response to this issue.
Comment: NRCS received comment recommending that NRCS include text regarding ACEP ranking that prioritizes lands enrolled in the Transition Incentives Program under the Conservation Reserve Program CRP
TIP. Section 1235f1E of the CRP
statute requires that priority enrollment be given to land subject to a CRPTIP
contract into EQIP, Conservation Stewardship Program CSP, and ACEP.
Response: Section 1468.22b11 of the ACEP interim rule identifies as a national priority for ALE enrollment
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