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Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations
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access to NRCS conservation assistance, and make any appropriate adjustments to the regulations that will foster such improved access. NRCS invited State leaders for FSA and Rural Development RD, as well as Regional Directors for the Risk Management Agency RMA to discuss their programs also.
As a result, approximately 50 percent of the comments received as a result of these sessions were directed to FSA, RMA, RD, and other USDA agencies, with many comments specific to hemp production and the surrounding regulations. Over 40 percent of the feedback pertained to NRCS programs.
Comments listed challenges specific to Tribes that impact eligibility and inhibit access to USDA programs. None of the feedback received necessitated a change to the regulation.
NRCS will continue to work with our Tribal stakeholders to address the issues raised in order to facilitate greater technical assistance and program delivery to Indian country.
Separate from Tribal consultation and the sessions discussed above, communication and outreach efforts are in place to assure that all producers, including Tribes or their members, are provided information about the regulation changes. Specifically, NRCS
obtains input through Tribal Conservation Advisory Councils. A
Tribal Conservation Advisory Council may be an existing Tribal committee or department and may also constitute an association of member Tribes organized to provide direct consultation to NRCS
at the State, regional, and national levels to provide input on NRCS rules, policies, programs, and impacts on Tribes. Tribal Conservation Advisory Councils provide a venue for agency leaders to gather input on Tribal interests.
Unfunded Mandates Title II of the Unfunded Mandates Reform Act of 1995 UMRA Pub. L.
1044, requires Federal agencies to assess the effects of their regulatory actions on State, local, and Tribal Governments or the private sector.
Agencies generally must prepare a written statement, including costbenefits analysis, for proposed and final rules with Federal mandates that may result in expenditures of $100 million or more in any 1 year for State, local or Tribal Governments, in the aggregate, or to the private sector. UMRA generally requires agencies to consider alternatives and adopt the more costeffective or least burdensome alternative that achieves the objectives of the rule.
This rule contains no Federal mandates, as defined under Title II of UMRA, for
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State, local, and Tribal Governments or the private sector. Therefore, this rule is not subject to the requirements of UMRA.

Federal Assistance Programs
1468.6

The title and number of the Federal Domestic Assistance Programs in the Catalog of Federal Domestic Assistance to which this rule applies is: 10.931
Agricultural Conservation Easement Program.

E-Government Act Compliance NRCS and CCC are committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes.
List of Subjects in 7 CFR Part 1466
Agricultural, Flood Plains, Grazing lands, Natural resources, Soil conservation, and Wildlife.
Accordingly, the interim rule published January 6, 2020, at 85 FR 558, is adopted as final with the following changes:
PART 1468AGRICULTURAL
CONSERVATION EASEMENT
PROGRAM
1. The authority citation for part 1468
continues to read as follows:

Authority: 15 U.S.C. 714b and 714c; 16
U.S.C. 38653865d.

Subpart AGeneral Provisions 1468.3

Amended
2. Amend 1468.3 as follows:
a. In the definition of Beginning farmer or rancher:
i. In paragraph 1, remove the words farm or ranch or and add in their place the words farm, ranch, or each time they appear;
ii. In paragraphs 2 and 3, remove the words farm or ranch and add the words farm, ranch, or NIPF in their place each time they appear;
b. In the definition of Eligible land, add the word land immediately after the word private;
c. In the definition of Farm or ranch succession plan, remove the words include specific and add the words include, but is not limited to, specific in their place and remove the words new or beginning farmers or ranchers, veteran farmers, or other;
d. In the definition of Future viability, add the words or adoption of a farm or ranch succession plan immediately after the word plan; and

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e. In the second sentence in the definition of Maintenance, add the word performed immediately after the word work.
Amended
3. Amend 1468.6 in paragraph a3iii by removing the cross reference paragraph a4 and add in its place add the cross reference paragraph a5.
Subpart BAgricultural Land Easements
1468.20

Amended
4. Amend 1468.20 in paragraph b1ii by adding the word demonstrated immediately before the word capability.
5. Amend 1468.22 as follows.
a. Revise paragraph b11; and b. In paragraph c2, add the word annually immediately after the words monitored and reported.
The revision reads as follows:

1468.22 Establishing priorities, ranking considerations, and project selection.

b
11 Whether the land is currently enrolled in CRP in a contract that is set to expire within 1 year and is grassland that would benefit from protection under a long-term easement or is land under a CRP contract that is in transition to a covered farmer or rancher pursuant to 16 U.S.C. 3835f;

1468.23

Amended
6. Amend 1468.23 as follows:
a. In paragraph b1, remove the words Up to and add A minimum of in their place and add the words and not to exceed 7 fiscal years immediately after the words 5 fiscal years; and b. In paragraph b2, remove the words Up to and add At least in their place.
7. In 1468.24 revise paragraphs b2i, iii, and iv to read as follows:

1468.24 Compensation and funding for agricultural land easements.

b
2
i The eligible entitys own cash resources for payment of easement compensation to the landowner or for a buy-protect-sell transaction, the amount of the fair market value of the agricultural land easement, less the amount of the Federal share, that is provided through the conveyance of the
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