Rural Development Guaranteed Loans, 2823-2824 [E9-813]
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Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Rules and Regulations
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
sroberts on PROD1PC70 with RULES
§ 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
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16:34 Jan 15, 2009
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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 60day 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
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2823
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,
E:\FR\FM\16JAR1.SGM
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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]
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.
BILLING CODE 3410–XY–P
Accordingly, chapter I of title 8 of the
Code of Federal Regulations is amended
as follows:
■
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Parts 103 and 299
PART 103—POWERS AND DUTIES;
AVAILABILITY OF RECORDS
[CIS No. 2074–00; DHS Docket No. USCIS–
2005–0013]
■
RIN 1615–AB19
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.
Establishment of a Genealogy
Program; Correcting Amendment
sroberts on PROD1PC70 with RULES
AGENCY: U.S. Citizenship and
Immigration Services, DHS.
ACTION: Correcting amendment.
16:34 Jan 15, 2009
Jkt 217001
2. Section 103.7(c)(1) is amended by
revising the fifth and sixth sentences to
read as follows:
■
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.
VerDate Nov<24>2008
1. The authority citation for part 103
continues 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.
*
*
*
*
*
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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
E:\FR\FM\16JAR1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 11 (Friday, January 16, 2009)]
[Rules and Regulations]
[Pages 2823-2824]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-813]
-----------------------------------------------------------------------
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,
[[Page 2824]]
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
