Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Rules and Regulations 2823 

quality concerns in the area; the type of 

agricultural operation; and parcel size. 

All FRPP easements must include 

language limiting the amount of 

impervious surfaces within the 

easement area. 

(j) The conservation easement deed 

must include an indemnification clause 

requiring the landowner (grantor) to 

indemnify and hold harmless the 

United States from any liability arising 

from or related to the property enrolled 

in FRPP. 

(k) The conservation easement deed 

must include an amendment clause 

requiring that any changes to the 

easement deed after its recordation must 

be consistent with the purposes of the 

conservation easement and this part. 

Subpart C—General Administration 

§ 1491.30 Violations and remedies. 

(a) In the event of a violation of the 

terms of the easement, the eligible entity 

shall notify the landowner. The 

landowner may be given reasonable 

notice and, where appropriate, an 

opportunity to voluntarily correct the 

violation in accordance with the terms 

of the conservation easement. 

(b) In the event that the entity fails to 

enforce any of the terms of the 

conservation easement, as determined 

in the sole discretion of the Chief, the 

Chief and his or her successors or 

assigns may exercise the United States’ 

rights to enforce the terms of the 

conservation easement through any and 

all authorities available under Federal 

or State law. 

(c) Notwithstanding paragraph (a) of 

this section, NRCS, upon notification to 

the landowner, reserves the right to 

enter upon the easement area at any 

time to monitor conservation plan 

implementation or remedy deficiencies 

or easement violations, as it relates to 

the conservation plan. The entry may be 

made at the discretion of NRCS when 

the actions are deemed necessary to 

protect highly erodible soils and 

wetland resources. The landowner will 

be liable for any costs incurred by the 

NRCS as a result of the landowner’s 

negligence or failure to comply with the 

easement requirements as it relates to 

conservation plan violations. 

(d) The United States shall be entitled 

to recover any and all administrative 

and legal costs from the participating 

entity, including attorney’s fees or 

expenses, associated with any 

enforcement or remedial action as it 

relates to the enforcement of the FRPP 

easement. 

(e) In instances where an easement is 

terminated or extinguished, NRCS shall 

collect CCC’s share of the conservation 

easement based on the appraised fair 

market value of the conservation 

easement at the time the easement is 

extinguished or terminated. CCC’s share 

shall be in proportion to its percentage 

of original investment. 

(f) In the event NRCS determines it 

must exercise the United States’ right to 

enforce the terms of, or taking a 

property interest in, the conservation 

easement, NRCS shall provide written 

notice by certified mail to the grantee at 

the grantee’s last known address. The 

notice will set forth the nature of the 

noncompliance by the grantee and a 60- 

day period to cure. If the grantee fails 

to cure within the 60-day period, the 

United States shall take the action 

specified under the notice. The United 

States reserves the right to decline to 

provide a period to cure if NRCS 

determines that imminent harm may 

result to the conservation easement 

deed or the conservation values it seeks 

to protect. 

§ 1491.31 Appeals. 

(a) A person or eligible entity which 

has submitted an FRPP proposal and is 

therefore participating in FRPP may 

obtain a review of any administrative 

determination concerning eligibility for 

participation utilizing the 

administrative appeal regulations 

provided in 7 CFR part 614. 

(b) Before a person or eligible entity 

may seek judicial review of any 

administrative action taken under this 

part, the person or eligible entity must 

exhaust all administrative appeal 

procedures set forth in paragraph (a) of 

this section, and for the purposes of 

judicial review, no decision shall be a 

final Agency action except a decision of 

the Chief of the NRCS under these 

provisions. 

(c) Enforcement action undertaken by 

the NRCS in furtherance of its vested 

property rights are under the 

jurisdiction of the Federal District Court 

and not subject to review under 

administrative appeal regulations. 

§ 1491.32 Scheme or device. 

(a) If it is determined by the NRCS 

that a cooperating entity has employed 

a scheme or device to defeat the 

purposes of this part, any part of any 

program payment otherwise due or paid 

such a cooperating entity during the 

applicable period may be withheld or be 

required to be refunded with interest 

thereon, as determined appropriate by 

NRCS on behalf of CCC. 

(b) A scheme or device includes, but 

is not limited to, coercion, fraud, 

misrepresentation, depriving any other 

person or entity of payments for 

easements for the purpose of obtaining 

a payment to which a person would 

otherwise not be entitled. 

Signed this 9th day of 2009 in Washington, 

DC. 

Arlen L. Lancaster, 

Vice President, Commodity Credit 

Corporation and Chief, Natural Resources 

Conservation Service. 

[FR Doc. E9–829 Filed 1–15–09; 8:45 am] 

BILLING CODE 3410–16–P 

DEPARTMENT OF AGRICULTURE 

Rural Utilities Service 

7 CFR Part 1779 

Rural Housing Service 

7 CFR Part 3575 

Rural Business—Cooperative Service 

Rural Utilities Service 

7 CFR Parts 4279 and 4280 

Rural Business—Cooperative Service 

Rural Housing Service 

Rural Utilities Service 

7 CFR Part 5001 

[FR Doc. E8–29151] 

RIN 0570–AA65 

Rural Development Guaranteed Loans 

AGENCIES: Rural Business—Cooperative 

Service, Rural Housing Service, Rural 

Utilities Service, USDA. 

ACTION: Interim rule; delay of the 

effective date. 

SUMMARY: Rural Development is 

delaying the effective date of the interim 

rule for Rural Development Guaranteed 

Loans, which was published on 

December 17, 2008. The interim rule 

establishes a unified guaranteed loan 

platform for the enhanced delivery of 

four existing Rural Development 

guaranteed loan programs—Community 

Facility; Water and Waste Disposal; 

Business and Industry; and Renewable 

Energy Systems and Energy Efficiency 

Improvement Projects. 

DATES: This effective date of the interim 

rule, published on December 17, 2008 

[73 FR 76698], is delayed from January 

16, 2009, until February 17, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael Foore, Rural Development, 

Business and Cooperative Programs, 

U.S. Department of Agriculture, 1400 

Independence Avenue, SW., Stop 3201, 


sroberts on PROD1PC70 with RULES
2824 Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Rules and Regulations 

Washington, DC 20250–3201; e-mail: 

Michael.Foore@wdc.usda.gov; telephone 

(202) 690–4730. 

SUPPLEMENTARY INFORMATION: Rural 

Development has identified a technical 

error associated with the publication of 

the interim rule, in which 7 CFR Parts 

1779 and 3575 were mistakenly 

repealed. These two parts, which are the 

regulations for the Community Facilities 

and Water and Waste Disposal 

guaranteed loan programs, should not 

have been repealed at this time because, 

in part, there are other Community 

Facilities and Water and Waste Disposal 

regulations that cross-reference these 

two parts. Rural Development 

considered publishing a technical 

correction notice to reinstate these two 

regulations. Due to time constraints for 

publication in the Federal Register prior 

to the effective date of January 16, 2009, 

there was insufficient time for full 

consideration of these technical 

corrections. Therefore, Rural 

Development determined that the best 

course of action was to delay the 

effective date of the interim rule by 30 

days. 

Dated: January 9, 2009. 

Doug Faulkner, 

Acting Under Secretary for Rural 

Development. 

[FR Doc. E9–813 Filed 1–15–09; 8:45 am] 

BILLING CODE 3410–XY–P 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Parts 103 and 299 

[CIS No. 2074–00; DHS Docket No. USCIS– 

2005–0013] 

RIN 1615–AB19 

Establishment of a Genealogy 

Program; Correcting Amendment 

AGENCY: U.S. Citizenship and 

Immigration Services, DHS. 

ACTION: Correcting amendment. 

SUMMARY: With this amendment, the 

Department of Homeland Security 

(DHS) corrects an inadvertent error in 

the amendatory language from the 

Establishment of a Genealogy Program 

Final Rule published in the Federal 

Register on May 15, 2008. 

DATES: This correction is effective 

January 16, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Lynda Spencer, Genealogy Program, 

U.S. Citizenship and Immigration 

Services, Department of Homeland 

Security, 1200 First Street, NE., 2nd 

Floor, Washington, DC 20529–2206, 

telephone (202) 272–8282. 

SUPPLEMENTARY INFORMATION: 

Need for Correction 

On May 15, 2008, the Department of 

Homeland Security (DHS) published a 

final rule in the Federal Register at 73 

FR 28026 establishing a fee-for-service 

Genealogy Program within U.S. 

Citizenship and Immigration Services 

(USCIS) to streamline and improve the 

process for acquiring historical records 

of deceased individuals. There was an 

inadvertent error in that document. In 

the amendatory language for 

amendment 2b at 73 FR 28030, DHS 

inadvertently revised the fifth sentence 

to 8 CFR 103.7(c)(1) instead of the sixth 

sentence. As a result the fifth sentence 

in 8 CFR 103.7(c)(1) is incorrect. This 

document corrects the error. 

List of Subjects 

8 CFR Part 103 

Administrative practice and 

procedure, Authority delegations 

(Government agencies), Freedom of 

Information, Privacy, Reporting and 

recordkeeping requirements, Surety 

bonds. 

8 CFR Part 299 

Immigration, Reporting and 

recordkeeping requirements. 

■ Accordingly, chapter I of title 8 of the 

Code of Federal Regulations is amended 

as follows: 

PART 103—POWERS AND DUTIES; 

AVAILABILITY OF RECORDS 

■ 1. The authority citation for part 103 

continues to read as follows: 

Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 

1101, 1103, 1304, 1356; 31 U.S.C. 9701; 

Public Law 107–296, 116 Stat. 2135 (6 U.S.C. 

1 et seq.), E.O. 12356, 47 FR 14874, 15557, 

3 CFR, 1982 Comp., p. 166; 8 CFR part 2. 

■ 2. Section 103.7(c)(1) is amended by 

revising the fifth and sixth sentences to 

read as follows: 

§ 103.7 Fees. 

* * * * * 

(c) * * * 

* * * The payment of the additional 

sum prescribed by section 245(i) of the 

Act when applying for adjustment of 

status under section 245 of the Act may 

not be waived. The fees for Form I–907, 

Request for Premium Processing 

Services, and for Forms G–1041 and G– 

1041A, Genealogy Program request 

forms, may not be waived. 

* * * * * 

Dated: January 13, 2009. 

Michael Aytes, 

Acting Deputy Director. 

[FR Doc. E9–912 Filed 1–15–09; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

8 CFR Parts 100, 212, 214, 215, 233, 

and 235 

19 CFR Parts 4 and 122 

[USCBP–2009–0001; CBP Dec. No. 09–02] 

RIN 1651–AA77 

Establishing U.S. Ports of Entry in the 

Commonwealth of the Northern 

Mariana Islands (CNMI) and 

Implementing the Guam-CNMI Visa 

Waiver Program 

AGENCY: Customs and Border Protection, 

DHS. 

ACTION: Interim final rule; solicitation of 

comments. 

SUMMARY: Section 702 of the 

Consolidated Natural Resources Act of 

2008 (CNRA) extends the immigration 

laws of the United States to the 

Commonwealth of the Northern Mariana 

Islands (CNMI) and provides for a visa 

waiver program for travel to Guam and 

the CNMI. This rule implements section 

702 of the CNRA by amending U.S. 

Customs and Border Protection (CBP) 

regulations to replace the current Guam 

Visa Waiver Program with a new GuamCNMI Visa Waiver Program. 

Accordingly, this interim final rule sets 

forth the requirements for nonimmigrant 

visitors who seek admission for 

business or pleasure and solely for entry 

into and stay on Guam or the CNMI 

without a visa for a period of authorized 

stay of no longer than forty-five days. In 

addition, this rule establishes six ports 

of entry in the CNMI in order to 

administer and enforce the Guam-CNMI 

Visa Waiver Program and to allow for 

immigration inspections in the CNMI, 

including arrival and departure 

controls, under the Immigration and 

Nationality Act (INA). 

DATES: Effective Date: This interim final 

rule is effective January 16, 2009. 

Implementation Date: Beginning June 

1, 2009, Customs and Border Protection 

(CBP) will begin operation of this 

program and required compliance with 

this interim final rule will begin. The 

existing Guam Visa Waiver Program 


sroberts on PROD1PC70 with RULES