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Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations Executive Order 12988
This rule has been reviewed in accordance with Executive Order 12988, Civil Justice Reform. This rule will not preempt State or local laws, regulations, or policies unless they represent an irreconcilable conflict with this rule. The rule does not have retroactive effect. The administrative appeal provisions of 7 CFR parts 11 and 780 are to be exhausted before any judicial action may be brought regarding the provisions of this rule.

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Executive Order 13175
This rule has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. Executive Order 13175
requires Federal agencies to consult and coordinate with Tribes on a Government-to-Government basis on policies that have Tribal implications, including regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes or on the distribution of power and responsibilities between the Federal Government and Indian Tribes.
The USDAs Office of Tribal Relations OTR has assessed the impact of this rule on Indian Tribes and determined that this rule does have Tribal implications. OTR has determined that Tribal consultation under Executive Order 13175 is not required at this time and two different opportunities were afforded to consult on this topic. If a tribe requests consultation, FSA will work with OTR to ensure meaningful consultation is provided where changes, additions, and modifications identified in this rule are not expressly mandated by law. OTR strongly suggests that the FSA Outreach plan be implemented as soon as possible for our tribal stakeholders.
Tribal consultation for this rule was included in the 2018 Farm Bill consultation held on May 1, 2019, at the National Museum of the American Indian, in Washington, DC. The portion of the Tribal consultation relative to this rule was conducted by Bill Northey, as the USDA Under Secretary for the Farm Production and Conservation mission area at that time, as part of the Title I
session. There were no specific comments from Tribes on this rule during Tribal consultation.
There was a second Tribal Consultation on the Implementation of the 2018 Farm Bill held at the National Congress for the American Indian
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conference on June 26, 2019, in Sparks, Nevada. This rule was not raised as an issue by the Tribal leaders. Tribes can request consultation at any time. FSA
will work with OTR to ensure meaningful consultation is provided where changes, additions, and modifications identified in this rule are not expressly mandated by law.
Unfunded Mandates Reform Act Title II of the Unfunded Mandate Reform Act of 1995 UMRA, Pub. L.
1044 requires Federal agencies to assess the effects of their regulatory actions on State, local, or Tribal governments or the private sector.
Agencies generally must prepare a written statement, including a cost benefit 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 alternative methods and adopt the more cost effective or least burdensome alternative that achieves the objectives of the rule.
This rule contains no Federal mandates under the regulatory provisions of Title II of the Unfunded Mandates Reform Act of 1995 for State, local, or Tribal governments, or the private sector.
Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA.
Paperwork Reduction Act FSA expects to have fewer than 10
intermediary lenders eligible to participate in HPRP annually. There are limited entities that will qualify to be intermediary lenders for HPRP. Current appropriations will not fund a significant number of intermediary lenders. Therefore, HPRP would not require OMB approval under the Paperwork Reduction Act of 1995 44
U.S.C. 35013520. The annual monitoring reports and the agreements approved by FSA that were discussed above will be provided by the intermediary lenders. We will provide the USDA form for the voluntary collection of race, ethnicity, and gender from the ultimate recipients form AD
2106, Form to Assist in Assessment of USDA Compliance with Civil Rights Laws. As noted above, the intermediaries will request the information and maintain it. The public burden for the use of the form is covered under OMB control number 05030019.
The program delivery and oversight changes will not impact the burden estimate for the information collection for FSAs farm loans.

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Additionally, FSA will not be collecting any information from the ultimate recipients who receive funds pursuant to Heirs Property Relending.
There are application and reporting requirements on HPRP activities from intermediaries to FSA. The intermediaries must allow FSA to review the ultimate recipients records;
the intermediarys records are expected to be a part of customary and usual business practices for processing loans.
Therefore, the burden associated with recordkeeping is excluded. FSA will lend funds to an eligible entity, which will then relend directly to an individual or an entity. The intermediary lender will be an entity that meets certain criteria to be established by FSA. Examples of such criteria include requirements that the intermediary lender:
1 Is certified as a community development financial institution under 12 CFR 1805.201 or successor regulations to operate as a lender; and 2 Has the requisite experience and capability to make and service agricultural and commercial loans that are similar in nature to HPRP.
Federal Assistance Programs The title and number of each Federal Assistance Program found in the Catalog of Federal Domestic Assistance, to which this rule applies, are:
10.099 Conservation Loans;
10.404 Emergency Loans;
10.406 Farm Operating Loans;
10.407 Farm Ownership Loans; and 10.128 Heirs Property Relending Program.
USDA Non-Discrimination Policy In accordance with Federal civil rights law and U.S. Department of Agriculture USDA civil rights regulations and policies, USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity including gender expression, sexual orientation, disability, age, marital status, family or parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA
not all bases apply to all programs.
Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information for example, braille, large print, audiotape, American Sign Language, etc. should contact the
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