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Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations agricultural land easement by the eligible entity;

iii Where the amounts as identified in paragraphs b2i and ii of this section are not sufficient to meet the non-Federal share amount, the eligible entity may also include the procured costs paid by the eligible entity to a third-party for an appraisal, boundary survey, phase-I environmental site assessment, title commitment or report, title insurance, baseline reports, mineral assessments, or closing cost; and iv Where the amounts as identified in paragraphs b2i through iii of this section are not sufficient to meet the non-Federal share amount, the eligible entity may also include up to 2
percent of the fair market value of the agricultural land easement for easement stewardship and monitoring costs provided by the eligible entity.

8. In 1468.25 revise paragraphs c and d4 to read as follows:
1468.25
deeds.

Agricultural land easement

c The eligible entity may use its own terms and conditions in the agricultural land easement deed, but the agricultural land easement deed must provide for the effective administration, management, and enforcement of the agricultural land easement by the eligible entity or its successors and assigns and must address the deed requirements as specified by this part and by NRCS in the ALE-agreement.
d
4 Include clauses requiring that any changes to the easement deed or easement area made after easement recordation, including any amendment to the easement deed, any subordination of the terms of the easement, or any modifications, exchanges, or terminations of some or all of the easement area, must be consistent with the purposes of the agricultural land easement and this part and must be approved by NRCS and the easement holder in accordance with 1468.6 prior to recordation or else the action is null and void.

1468.26

Amended
9. Amend 1468.26 in paragraph b1 by removing the words up to and adding a minimum of in their place and adding and not to exceed 7
fiscal years after the words 5 fiscal years.

a. In paragraph c1, add the words the purchase of the land after the word completed;
b. In paragraphs c3ii and c4, add the words of the land after the word value;
b. Redesignate paragraphs e4iii and iv as paragraphs e4iv and v;
c. Add a new paragraph e4iii.
The addition reads as follows:

1468.27

e
4
iii The Federal share for the agricultural land easement will be provided on a reimbursable basis only, after the agricultural land easement has closed and the required documents have been provided to and reviewed by NRCS.

11. Amend 1468.28 as follows:
a. Revise paragraph c; and b. In paragraph f, add the words in whole or in in part, immediately after the word terminated.
The revision reads as follows:

Violations and remedies.

c Notwithstanding paragraph a of this section, NRCS reserves the right to enter upon and inspect the easement area if the annual monitoring report provided by the agricultural land easement holder documenting compliance with the agricultural land easement is insufficient or is not provided annually, the United States has a reasonable and articulable belief that the terms and conditions of the easement have been violated, or to remedy deficiencies or easement violations as it relates to the conservation plan in accordance with 7
CFR part 12. Prior to its inspection, NRCS will notify the agricultural land easement holder and the landowner and provide a reasonable opportunity for the agricultural land easement holder and the landowner to participate in the inspection.

Subpart CWetland Reserve Easements
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10. Amend 1468.27 as follows:

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Amended
12. Amend 1468.32 in paragraph c2 by adding the words or land under a CRP contract that is in transition to a covered farmer or rancher pursuant to 16 U.S.C. 3835f, and such

PO 00000

Terry Cosby, Acting Chief, Natural Resources Conservation Service.
Robert Stephenson, Executive Vice President, Commodity Credit Corporation.
FR Doc. 202102268 Filed 2321; 8:45 am BILLING CODE 341016P

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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission 18 CFR Parts 250 and 385
Docket No. RM218000; Order No. 875

Civil Monetary Penalty Inflation Adjustments Federal Energy Regulatory Commission, Department of Energy DOE.
ACTION: Final rule.
AGENCY:

The Federal Energy Regulatory Commission Commission is issuing a final rule to amend its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules, and orders within the Commissions jurisdiction.
The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended most recently by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, requires the Commission to issue this final rule.
DATES: This final rule is effective February 4, 2021.
FOR FURTHER INFORMATION CONTACT:
Todd Hettenbach, Attorney, Office of Enforcement, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. Phone: 202
5028794; email: Todd.Hettenbach@
ferc.gov.
SUMMARY:

SUPPLEMENTARY INFORMATION:

1. In this final rule, the Federal Energy Regulatory Commission Commission is complying with its statutory obligation to amend the civil monetary penalties provided by law for matters within the agencys jurisdiction.
I. Background

1468.32

land immediately after the word application.

Buy-Protect-Sell transactions.

1468.28

8131

2. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 2015 Adjustment Act,1
which further amended the Federal Civil Penalties Inflation Adjustment Act 1 Public
E:FRFM04FER1.SGM

Law 11474, Sec. 701, 129 Stat. 584, 599.

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