31578 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Rules and Regulations 

PART 1439—EMERGENCY LIVESTOCK 

ASSISTANCE 

■ 11. Remove part 1439. 

Signed in Washington, DC, June 25, 2009. 

Carolyn B. Cooksie, 

Acting Administrator, Farm Service Agency, 

and Acting Executive Vice President, 

Commodity Credit Corporation. 

[FR Doc. E9–15537 Filed 7–1–09; 8:45 am] 

BILLING CODE 3410–05–P 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

7 CFR Part 1491 

RIN 0578–AA46 

Farm and Ranch Lands Protection 

Program 

AGENCY: Natural Resources 

Conservation Service (NRCS) and the 

Commodity Credit Corporation (CCC), 

United States Department of Agriculture 

(USDA). 

ACTION: Interim final rule; correction 

with reopening of public comment 

period. 

SUMMARY: The Natural Resources 

Conservation Service (NRCS) published 

in the Federal Register of January 16, 

2009, an interim final rule with request 

for comment amending the program 

regulations for the Farm and Ranch 

Lands Protection Program (FRPP) to 

incorporate programmatic changes 

authorized by the Food, Conservation, 

and Energy Act of 2008 (2008 Act). The 

public comment period closed March 

17, 2009. 

The January 16, 2009, interim final 

rule identified the contingent right of 

enforcement as an acquisition of a real 

property right. This correction to the 

January 16, 2009, interim final rule 

clarifies that the right of enforcement is 

a condition placed upon the award of 

financial assistance and, therefore, does 

not constitute an acquisition. NRCS is 

also using the opportunity presented by 

this rulemaking to ask for public input 

on key programmatic implementation 

questions. Finally, this document 

reopens the public comment period for 

the January 16, 2009, interim final rule, 

as amended, upon publication until 

August 3, 2009. 

DATES: Effective Date: The rule is 

effective July 2, 2009. 

Comment date: Submit comments on 

or before August 3, 2009. The comment 

period for the FRPP interim final rule 

published on January 16, 2009 (74 FR 

2317), as changed by this rulemaking, is 

reopened. Comments must be received 

on or before August 3, 2009. 

ADDRESSES: You may send comments 

(identified by Docket Number NRCS– 

IFR–08013) using any of the following 

methods: 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

comments electronically. 

• Mail: John Glover, Acting Director, 

Easements Programs Division, 

Department of Agriculture, Natural 

Resources Conservation Service, Farm 

and Ranch Lands Protection Program 

Comments, Post Office Box 2890, 

Washington, DC 20013. 

• Fax: (202) 720–9689. 

• Hand Delivery: USDA South 

Building, 1400 Independence Avenue, 

SW., Room 6819, Washington, DC 

20250, between 9 a.m. and 4 p.m., 

Monday through Friday, except Federal 

Holidays. Please ask the guard at the 

entrance to the South Building to call 

(202) 720–1854 in order to be escorted 

into the building. 

• This interim final rule may be 

accessed via the Internet. Users can 

access the NRCS homepage at http:// 

www.nrcs.usda.gov/; select the Farm 

Bill link from the menu; select the 

Interim final link from beneath the Final 

and Interim Final Rules Index title. 

Persons with disabilities who require 

alternative means for communication 

(Braille, large print, audio tape, etc.) 

should contact the USDA TARGET 

Center at: (202) 720–2600 (voice and 

TDD). 

FOR FURTHER INFORMATION CONTACT: John 

Glover, Acting Director, Easement 

Programs Division, Department of 

Agriculture, Natural Resources 

Conservation Service, Post Office Box 

2890, Washington, DC 20013–2890; 

Phone: (202) 720–1854; Fax: (202) 720– 

9689; or e-mail: 

FRPP2008@wdc.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Regulatory Certifications 

Executive Order 12866 

The Office of Management and Budget 

reviewed the January 16, 2009, interim 

final rule and determined that it was a 

significant regulatory action. Pursuant 

to Executive Order 12866, NRCS 

conducted a cost-benefit analysis of the 

potential impacts associated with the 

interim final rule for FRPP published in 

the Federal Register on January 16, 

2009. The provisions of this interim 

final rule do not alter the analysis that 

was originally prepared. The 

administrative record is available for 

public inspection in the Department of 

Agriculture, Natural Resources 

Conservation Service, Room 5831 South 

Building, 1400 Independence Avenue, 

SW., Washington, DC. A copy of the 

analysis is available upon request from 

John Glover, Acting Director, Easement 

Programs Division, Department of 

Agriculture, Natural Resources 

Conservation Service, Room 6819–S, 

Washington, DC 20250–2890 or 

electronically at: http:// 

www.nrcs.usda.gov/programs/FRPP/ 

under the Program Information title. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act is not 

applicable to this interim final rule 

because the Commodity Credit 

Corporation (CCC) is not required by 5 

U.S.C. 553, or by any other provision of 

law, to publish a notice of proposed 

rulemaking with respect to the subject 

matter of this rule. 

Environmental Analysis 

A programmatic environmental 

assessment has been prepared in 

association with the interim final 

rulemaking published on January 16, 

2009. The provisions of this interim 

final rule do not alter the assessment 

that was originally prepared. The 

analysis has determined that there will 

not be a significant impact to the human 

environment, and as a result, an 

Environmental Impact Statement is not 

required to be prepared (40 CFR Part 

1508.13). The comment period for the 

Environmental (EA) Analysis and 

Finding of No Significant Impact 

(FONSI) is reopened and hereby 

extended to August 3, 2009. A copy of 

the EA and FONSI may be obtained 

from the following Web site: http:// 

www.nrcs.usda.gov/programs/ 

Env_Assess/. A hard copy may also be 

requested from the following address 

and contact: Matt Harrington, National 

Environmental Coordinator, Natural 

Resources Conservation Service, 

Ecological Sciences Division, 1400 

Independence Ave., SW., Washington 

DC 20250. Comments from the public 

should be specific and reference that 

comments provided are on the EA and 

FONSI. Public comment may be 

submitted by any of the following 

means: (1) E-mail comments to 

NEPA2008@wdc.usda.gov, (2) e-mail to 

e-gov Web site www.regulations.gov, or 

(3) written comments to: Matt 

Harrington, National Environmental 

Coordinator, Ecological Sciences 

Division, Natural Resources 

Conservation Service, 1400 

Independence Ave., SW., Washington 

DC 20250. 

Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Rules and Regulations 31579 

Civil Rights Impact Analysis 

NRCS has determined through a Civil 

Rights Impact Analysis that the issuance 

of the interim final rule published on 

January 16, 2009, disclosed no 

disproportionately adverse impacts for 

minorities, women, or persons with 

disabilities. The provisions of this 

interim final rule do not alter the 

analysis that was originally prepared. 

Copies of the Civil Rights Impact 

Analysis are available, and may be 

obtained from John Glover, Acting 

Director, Easement Programs Division, 

Natural Resources Conservation Service, 

Post Office Box 2890, Washington, DC 

20013–2890, or electronically at http:// 

www.nrcs.usda.gov/programs/FRPP. 

Paperwork Reduction Act 

Section 2904 of the 2008 Act requires 

that the implementation of this 

provision be carried out without regard 

to the Paperwork Reduction Act, 

Chapter 35 of title 44, U.S.C. Therefore, 

NRCS is not reporting recordkeeping or 

estimated paperwork burden associated 

with this interim final rule. 

Government Paperwork Elimination Act 

NRCS is committed to compliance 

with the Government Paperwork 

Elimination Act and the Freedom to EFile Act, which require Government 

agencies in general, and NRCS in 

particular, to provide the public the 

option of submitting information or 

transacting business electronically to 

the maximum extent possible. 

Executive Order 12988 

This interim final rule has been 

reviewed in accordance with Executive 

Order 12988, Civil Justice Reform. The 

provisions of this interim final rule are 

not retroactive and preempt State and 

local laws to the extent that such laws 

are inconsistent with this interim final 

rule. Before an action may be brought in 

a Federal court of competent 

jurisdiction, the administrative appeal 

rights afforded persons at 7 CFR parts 

11, 614, and 780 must be exhausted. 

Federal Crop Insurance Reform and 

Department of Agriculture 

Reorganization Act of 1994 

Pursuant to Section 304 of the Federal 

Crop Insurance Reform Act of 1994 

(Pub. L. 103–354), NRCS classified this 

rule as non-major. Therefore, a risk 

analysis was not conducted. 

Unfunded Mandates Reform Act of 1995 

Pursuant to Title II of the Unfunded 

Mandates Reform Act of 1995 (2 U.S.C. 

1531–1538), USDA assessed the effects 

of this interim final rule on State, local, 

and tribal governments, and the public. 

This rule does not compel the 

expenditure of $100 million or more by 

any State, local, or tribal governments or 

anyone in the private sector; therefore, 

a statement under Section 202 of the 

Unfunded Mandates Reform Act is not 

required. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA) 

The January 16, 2009, interim final 

rule was not a major rule as defined by 

Section 804 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. This interim final rule will not 

result in an annual effect on the 

economy of $100 million or more, a 

major increase in costs or prices, or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of United States-based companies to 

compete in domestic and export 

markets. The provisions of this interim 

final rule do not alter the original 

determination under SBREFA. However, 

Section 2904(c) of the 2008 Act requires 

that the Secretary use the authority in 

Section 808(2) of Title 5, U.S.C., which 

allows an agency to forego SBREFA’s 

usual Congressional Review delay of the 

effective date of a regulation if the 

agency finds that there is a good cause 

to do so. NRCS hereby determines that 

it has good cause to do so in order to 

meet the Congressional intent to have 

the conservation programs authorized or 

amended by Title II in effect as soon as 

possible. Accordingly, this rule is 

effective upon filing for public 

inspection by the Office of the Federal 

Register. 

Executive Order 13132 

E.O. 13132 requires NRCS to develop 

a process to ensure ‘‘meaningful and 

timely input by State and local officials 

in the development of regulatory 

policies that have federalism 

implications.’’ E.O. 13132 defines the 

term ‘‘Policies that have federalism 

implications’’ to include regulations 

that have ‘‘substantial direct effects on 

the States, on the relationship between 

the National Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government.’’ Under E.O. 

13132, NRCS may not issue a regulation 

that has federalism implication, that 

imposes substantial direct compliance 

costs, and that is not required by statute, 

unless the Federal Government provides 

the funds necessary to pay the direct 

compliance costs incurred by State and 

local governments, or NRCS consults 

with State and local officials early in the 

process of developing the proposed 

regulation. NRCS shows sensitivity to 

federalism concerns by requiring the 

State Conservationist to meet with and 

provide opportunities for involvement 

of State and local governments through 

the State Technical Committee. The 

interim final rule published on January 

16, 2009, will not have substantial 

direct effects on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government as specified in E.O. 

13132. The provisions of this interim 

final rule do not alter this 

determination. Thus, the Executive 

Order does not apply to this rule. 

Executive Order 13175 

This interim final rule has been 

reviewed in accordance with Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments. NRCS has assessed the 

impact of this interim final rule on 

Indian Tribal Governments and has 

concluded that this rule will not 

negatively affect communities of Indian 

Tribal Governments. The rule will 

neither impose substantial direct 

compliance costs on Indian Tribal 

Governments, nor preempt tribal law. 

Discussion of Program 

Background 

This document is effective on the date 

published in the Federal Register. The 

FRPP is a voluntary program to help 

farmers and ranchers preserve their 

agricultural land. FRPP provides 

matching funds to State, tribal, and local 

governments, and nongovernmental 

organizations with farmland protection 

programs to purchase conservation 

easements. 

Contingent Right of Enforcement 

The 2008 Act made several program 

changes to FRPP. Significantly, the 2008 

Act modified the nature of FRPP from 

a program where NRCS purchases 

conservation easements or other interest 

in land directly to a program where 

NRCS facilitates and provides matching 

funds to other entities to purchase 

conservation easements. The 2008 Act 

also required NRCS to ‘‘require the 

inclusion of a contingent right of 

enforcement for the Secretary in the 

terms of a conservation easement or 

other interest in eligible land that is 

purchased using cost share assistance 

provided under the program.’’ 

The January 16, 2009, FRPP interim 

final rule incorporated the changes to 

the program made by the 2008 Act. 

Additionally, NRCS identified the 

contingent right of enforcement as a 

31580 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Rules and Regulations 

Federal acquisition of a real property 

right. 

In the preamble of the January 16, 

2009, interim final rule, NRCS 

explained that it had consulted with the 

Office of the General Counsel and had 

determined that the contingent right of 

enforcement, given the requirement for 

the contingent right of enforcement to 

be a term of the deed, was intended to 

be a right that runs with the land for the 

duration of the easement and, as such, 

NRCS was acquiring a Federal real 

property right. NRCS concluded that it 

could not ‘‘accomplish the intent of the 

managers as reflected in the legislative 

history regarding the effect of 

‘contingent right of enforcement’ and 

give meaning to the plain statutory 

language of FRPP. This is because when 

an interest is to run with the land, it 

constitutes a real property right.’’ 

The programmatic significance of 

identifying the contingent right of 

enforcement as an acquisition of a real 

property right is that FRPP transactions 

would remain subject to Federal 

acquisition title review requirements 

under 40 U.S.C. 3111 and the 

Department of Justice (DOJ) title 

standards. 

Despite the sound reasoning provided 

in the preamble, NRCS believes that it 

should reconsider its original 

interpretation because the continued 

adherence of Federal procedures for 

land acquisitions to FRPP transactions 

is counter to the express and implied 

Congressional intent gleaned from the 

FRPP statutory changes, the Manager’s 

Report, and the associated legislative 

history. Therefore, NRCS has examined 

whether additional analysis of the 

statutory language could reconcile the 

difference with legislative intent. 

The 2008 Act Statutory Changes 

The 2008 Act amendments to FRPP 

changed the nature of FRPP from a 

Federal conservation easement 

acquisition program to a financial 

assistance program implemented 

through cooperative agreements. (The 

2008 Act made similar changes to the 

Grassland Reserve Program by 

establishing a financial assistance 

option under that statute.) FRPP 

originally provided that: ‘‘The Secretary 

shall establish and carry out a farmland 

protection program under which the 

Secretary shall purchase conservation 

easements or other interests in eligible 

land.’’ The 2008 Act specifically 

removes the Secretary’s authority to 

purchase easements ‘‘or other interests 

in eligible land’’ and substitutes 

language that the Secretary ‘‘shall 

facilitate and provide funding for the 

purchase of conservation easements or 

other interests in eligible land.’’ 

[Emphasis supplied]. 

Thus, unlike other Federal 

conservation easement programs, FRPP 

no longer provides for the direct 

acquisition of conservation easement or 

other interest in land by a Federal 

entity. More particularly, the 2008 Act 

amended Section 1238I(c) to specify 

that: ‘‘The Secretary shall provide costshare assistance to eligible entities for 

purchasing a conservation easement or 

other interest in eligible land.’’ The 

2008 Act also added Section 1238I(g) 

that provides that the Secretary ‘‘shall 

enter into agreements with eligible 

entities to stipulate the terms and 

conditions under which the eligible 

entity is permitted to use cost-share 

assistance’’ provided under FRPP. 

Therefore, the impact of the 2008 Act 

amendments was to change the nature 

of FRPP from a Federal real estate 

acquisition program to a program that 

facilitates and provides financial 

assistance to non-Federal entities for 

their conservation easement acquisition 

efforts. 

Accordingly, NRCS has reassessed the 

FRPP provision related to the 

‘‘contingent right of enforcement’’ 

within the overall statutory framework 

for the program. In analyzing a statutory 

text, NRCS’ interpretation provided in 

this amendment is guided: 

‘‘by the basic principle that a statute 

should be read as a harmonious whole, with 

its separate parts being interpreted within 

their broader statutory context in a manner 

that furthers statutory purpose. The various 

canons of interpretation and presumptions as 

to substantive results are usually 

subordinated to interpretations that further a 

clearly expressed congressional purpose.’’ 

(CRS Report for Congress: ‘‘Statutory 

Interpretation: General Principles and Recent 

Trends,’’ Updated August 31, 2008.) 

Section 1238I(f)(2) provides that: ‘‘(2) 

Contingent Right of Enforcement—The 

Secretary shall require the inclusion of 

a contingent right of enforcement for the 

Secretary in the terms of a conservation 

easement or other interest in eligible 

land that is purchased using cost-share 

assistance provided under the 

program.’’ While the text of this 

provision indicates that the contingent 

right of enforcement is to be a term of 

a conservation easement or other 

interest in land, the text requires ‘‘the 

inclusion’’ of a contingent right of 

enforcement, rather than ‘‘the 

acquisition’’ of such right. Additionally, 

the text specifies that the term 

‘‘purchased’’ is used in relationship to 

the conservation easement or other 

interest in land purchased by the nonFederal entity using FRPP cost-share 

assistance. The text does not state that 

NRCS is making payment for the 

purchase of the contingent right of 

enforcement. NRCS believes that the 

terms chosen, when viewed in the 

context of the overall framework of the 

program, indicate that the contingent 

right of enforcement is not a Federal 

acquisition of a real property right 

intended to trigger Federal procedures 

such as the DOJ Title standards. 

Section 3111(a) under Title 40 of the 

U.S.C., approval of sufficiency of title 

prior to acquisition, provides: 

(a) Approval of Attorney General 

Required—Public money may not be 

expended to purchase land or any interest in 

land unless the Attorney General gives prior 

written approval of the sufficiency of the title 

to the land for the purpose for which the 

Federal Government is acquiring the 

property. 

Federal title requirements under Title 

40 U.S.C. 3111 are only triggered when 

the Federal Government expends public 

money to acquire an interest in land. As 

discussed above, the cost-share 

assistance provided under FRPP is not 

being expended to purchase the 

contingent right of enforcement. Rather, 

the cost-share assistance is provided to 

assist a non-Federal entity to purchase 

a conservation easement or other 

interest in land. 

While the right of enforcement, as a 

term of a conservation easement, is a 

real property right, the conservation 

easement is acquired by the non-Federal 

entity from the landowner, and the nonFederal entity includes the right of 

enforcement as a conservation easement 

term in order to meet the conditions 

placed upon the grant of Federal 

funding. Therefore, the inclusion of the 

right of enforcement is not an 

acquisition, and the Federal real 

property acquisition requirements do 

not apply. 

This statutory interpretation is 

consistent with the legislative history 

supporting the provision and meets the 

plain intent of the statute to provide the 

Federal protection of the FRPP funded 

conservation easements. In particular, 

the Joint Explanatory Statement, 

prepared concurrently with the 

legislation, stated that, ‘‘The managers 

do not intend this right to be considered 

to be an acquisition of real property, but 

in the event an easement cannot be 

enforced by the eligible entity that the 

Federal Government shall ensure the 

easement remains in force.’’ 

NRCS has concluded that the 

inclusion of the contingent right of 

enforcement in a conservation easement 

or other interest of land purchased by a 

non-Federal entity using FRPP funds 

does not constitute a Federal acquisition 

of real property. However, the inclusion 

Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Rules and Regulations 31581 

of the contingent right of enforcement in 

the conservation easement deed is a 

vested property right which provides 

the NRCS Chief, on behalf of the United 

States, the ability to sue to ensure the 

protection of the farmland protection 

and related conservation values 

identified in the conservation easement 

deed. NRCS is amending the January 16, 

2009 interim final rule to clarify this 

interpretation of the nature of the 

contingent right of enforcement. 

Lands Owned by State or Local 

Government 

In the preamble to the FRPP interim 

final rule, NRCS explained that it was 

revising the definition for the term 

‘‘landowner’’ to clarify that State and 

local governments, and nongovernmental organizations are not 

considered eligible landowners. There 

are limited circumstances where an 

eligible entity, in order to prevent 

farmland in foreclosure from being sold 

at a sheriff’s sale for non-agricultural 

development, purchases fee title to land 

temporarily, and then re-conveys those 

lands to a private landowner. NRCS 

does not wish to preclude the ability of 

NRCS to help facilitate the placement of 

a conservation easement or other 

interest in land on such properties. 

NRCS is therefore incorporating into the 

FRPP interim final rule additional 

flexibility to address these types of 

limited circumstances. 

Request for Public Input 

USDA furthers the Nation’s ability to 

increase renewable energy production, 

conserve energy, mitigate the effects and 

adapt to climate change, and reduce net 

carbon and greenhouse gas emissions 

through various assistance programs. 

CCC is using this rulemaking 

opportunity to obtain input from the 

public on how FRPP can achieve its 

program purposes and further the 

Nation’s efforts with renewable energy 

production, energy conservation, 

mitigating the effects of climate change, 

facilitating climate change adaptation, 

or reducing net carbon emissions. 

List of Subjects in 7 CFR Part 1491 

Administrative practice and 

procedure, Agriculture, Soil 

conservation, Wetlands, and Wetland 

protection. 

■ For the reasons stated in the preamble, 

the CCC corrects part 1491 of Title 7 of 

the Code of Federal Regulations as set 

forth below: 

PART 1491—FARM AND RANCH 

LANDS PROTECTION PROGRAM 

■ 1. The authority citation for part 1491 

continues to read as follows: 

Authority: 6 U.S.C. 3837 et seq. 

■ 2. Section 1491.3 is amended by 

revising the definition for the terms 

‘‘landowner’’ and ‘‘right of 

enforcement’’ to read as follows: 

§ 1491.3 Definitions. 

* * * * * 

Landowner means a person, legal 

entity, or Indian tribe having legal 

ownership of land and those who may 

be buying eligible land under a 

purchase agreement. The term, 

‘‘landowner’’ may include all forms of 

collective ownership including joint 

tenants, tenants-in-common, and life 

tenants. State governments, local 

governments, and non-governmental 

organizations that qualify as eligible 

entities are not eligible as landowners, 

unless otherwise determined by the 

Chief. 

* * * * * 

Right of enforcement means a vested 

right set forth in the conservation 

easement deed, equal in scope to the 

right of inspection and enforcement 

granted to the grantee, that the Chief, on 

behalf of the United States, may exercise 

under specific circumstances in order to 

enforce the terms of the conservation 

easement when not enforced by the 

holder of the easement. 

* * * * * 

■ 3. Section 1491.4 is amended by 

revising paragraphs (b) and (f)(6) to read 

as follows: 

§ 1491.4 Program requirements. 

* * * * * 

(b) The term of all easements or other 

interests in land shall be in perpetuity 

unless prohibited by State law. In States 

that limit the term of the easement or 

other interest in land, the term of the 

easement or other interest in land must 

be the maximum allowed by State law. 

* * * * * 

(f) * * * 

(6) Unless otherwise determined by 

the Chief, NRCS shall not provide FRPP 

funds for the purchase of an easement 

or other interest in land on land owned 

in fee title by an agency of the United 

States, a State or local government, or by 

an entity whose purpose is to protect 

agricultural use and related 

conservation values, including those 

listed in the statute under eligible land, 

or land that is already subject to an 

easement or deed restriction that limits 

the conversion of the land to 

nonagricultural use; 

* * * * * 

■ 4. Section 1491.22 is amended by 

adding a new sentence to the end of 

paragraph (c), and by revising paragraph 

(d) to read as follows: 

§ 1491.22 Conservation easement deeds. 

* * * * * 

(c) * * * The Chief may exercise the 

option to promulgate standard 

minimum conservation deed 

requirements as a condition for 

receiving FRPP funds. 

(d) The conveyance document must 

include a ‘‘right of enforcement’’ clause. 

NRCS shall specify the terms for the 

‘‘right of enforcement’’ clause to read as 

set forth in the FRPP cooperative 

agreement. This right is a vested 

property right and cannot be 

condemned by State or local 

government. 

* * * * * 

■ 5. Section 1491.30 is amended by 

revising paragraph (f) to read as follows: 

§ 1491.30 Violations and remedies. 

* * * * * 

(f) In the event NRCS determines it 

must exercise its rights identified under 

a conservation easement or other 

interest in land, 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, NRCS shall take the action 

specified under the notice. NRCS 

reserves the right to decline to provide 

a period to cure if NRCS determines that 

imminent harm may result to the 

conservation values or other interest in 

land it seeks to protect. 

Signed this 26th day of June 2009, in 

Washington, DC. 

Dave White, 

Vice President, Commodity Credit 

Corporation and Chief, Natural Resources 

Conservation Service. 

[FR Doc. E9–15684 Filed 7–1–09; 8:45 am] 

BILLING CODE 3410–16–P