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Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations
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interim rule. At this time, FSA is not responding to all comments, but only those regarding the two provisions being amended in this rule. The comments not addressed in this rule will be addressed at a later date.
Summary of Public Comments and FSA
Responses for CRP See 84 FR 66813, December 6, 2019
FSA received comments on the two provisions in 1410.6e4iii and 1410.90 from non-profit organizations, a coalition of grassroot organizations, and private individuals.
In line with public comments received requesting the removal of 1410.6e4, this rule is removing 1410.6e4iiithe language requiring a 25 percent payment reduction. This discretionary reduction was intended, while allowing the land to be eligible, to reduce the payment for land required to be in compliance with resource conservation measures or practices by law, ordinance, or regulation. It would not work to strike the entire section, as that would make all land for which Tribal, State, or other local laws, ordinances, or other regulations require any resource conserving or environmental protection measures or practices, to be ineligible to enroll in CRP. Section 1410.6e4i and ii provide exceptions to land eligibility, making land requiring resource conserving or environmental protection measures or practices by Tribal, State, or other local laws, ordinances, or other regulations, eligible for enrollment.
This rule is removing part of 1410.90, as it is likely impeding the opportunity for potential CREP partners to enter into agreements. By eliminating the requirement of at least half of the matching funds be provided in the form of direct payments to participants, potential CREP partners will be able to provide matching funds in other forms, allowing for a more inclusive group of potential partners to participate. Public comments were received in favor of this change, as it is recognized a cash match is difficult for many Tribes, non-profits, and local agencies. As a result of the change made by this rule, partners may provide matching funds in the form of cash, in-kind contributions, or technical assistance.
The following discussion summarizes the issues raised by commenters and FSAs responses to those comments.
Comment: Strike 1410.6e4 and ensure that CRP provides full support to farmers in complying with state water protection regulations.
Eliminate the 25 percent reduction to the annual rental payment for land for
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which Tribal, State, or other local laws, ordinances, or other regulations require any resource conserving or environmental protection measures or practices, and to provide full annual rental payments through CRP for otherwise eligible land.
Response: This rule is removing 1410.6e4iii, which previously required a 25 percent reduction to the annual rental payment that would have been paid if there were no such Tribal, State, or other law, ordinance, or regulation. The removal of the section will help increase interest in enrollment by not reducing the rental payment due to requirements regarding resource conservating practices and measures, and ensure participation in CREP. The entire section is not being struck because land for which Tribal, State, or other local laws, ordinances, or other regulations require any resource conserving or environmental protection measures or practices, and the owners or operators of such land have been notified in writing of such requirements, is still ineligible for enrollment unless it meets one of the exceptions in 1410.6e4i or ii.
Comment: Promote, dont discourage, state, local, and Tribal partnerships.
CREP leverages state and other funding to focus CRP contracts where they will do the most good to solve state-level water, soil, and wildlife problems.
Instead of adopting high requirements for providing a cash match that would be difficult for many Tribes, non-profits, and local agencies, USDA should actively promote CREP agreements with states and other entities to bring together new conservation funds to address these difficult issues.
Response: This rule is removing 1410.90 due to it impeding the opportunity for potential CREP partners to participate in matching funds. By eliminating the requirement of at least half of the matching funds being provided as a direct payment to the participants, the CREP partners will be able to provide matching funds in other forms and will allow for a more inclusive group of potential CREP
partners to participate.
Notice, Comment, Exemptions, and Effective Date As specified in 7 U.S.C. 9091, the regulations to implement the DMC
Program, DIPP, MAL, and LDP, are:
Exempt from the notice and comment provisions of 5 U.S.C. 553, and Exempt from the Paperwork Reduction Act 44 U.S.C. chapter 35.
As specified in 16 U.S.C. 3846, the regulations to implement CRP are:

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To be made as an interim rule effective on publication, with an opportunity for notice and comment, as was done through the CRP interim rule published in the Federal Register on December 6, 2019 84 FR 66813
66833this rule includes changes in response to certain comments to the interim rule, and Exempt from the Paperwork Reduction Act 44 U.S.C. chapter 35.
In addition, 7 U.S.C. 9091c3 and 16
U.S.C. 3846 direct the Secretary to use the authority provided in 5 U.S.C. 808, which provides that when an agency finds for good cause that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, the rule may take effect at such time as the agency determines.
For the OFF Program, the Administrative Procedure Act 5 U.S.C.
553 provides that the notice and comment and 30-day delay in the effective date of the provisions do not apply when the rule involves a matter relating to agency management or person to the public property, loans, grants, benefits, or contracts 5 U.S.C.
553a2. This rule involves programs for payments to certain agricultural commodity producers and therefore the exemption applies.
FSA is authorized to provide payments to the producers to comply with the recently enacted Consolidated Appropriations Act, 2021 in providing the Supplemental DMC Payments to dairy producers in the DMC Program.
FSA and CCC find that notice and public procedure are contrary to the public interest. Therefore, even though this rule is a major rule for purposes of the Congressional Review Act of 1996, FSA and CCC are not required to delay the effective date for 60 days from the date of publication to allow for Congressional review. Therefore, this rule is effective on the date of publication in the Federal Register.
Although the OFF Program regulations is exempt from the Administrative Procedure Act public comment requirements, as noted below in the Paperwork Reduction Act section, the 60-day public comment requirements of the Paperwork Reduction Act apply to the information collection request. Therefore, this rule has a 60-day comment period specifically to request input from the public on the information collection request.
In addition, because this rule is exempt from the requirements in 5
U.S.C. 553, it is also exempt from the regulatory analysis requirements of the Regulatory Flexibility Act 5 U.S.C.
601612, as amended by the Small
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