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GAO-11-183R 1 (2010-11-10)

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T I   IAccountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


          B-321097


          November 10, 2010

          The Honorable Blanche Lincoln
          Chairman
          The Honorable Saxby Chambliss
          Ranking Member
          Committee on Agriculture, Nutrition, and Forestry
          United States Senate

          The Honorable Collin C. Peterson
          Chairman
          The Honorable Frank D. Lucas
          Ranking Member
          Committee on Agriculture
          House of Representatives

          Subject: Department of Agriculture, Commodity Credit Coiporation: Biomass Crop
                  Assistance Program

          Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by Department of Agriculture (USDA), Commodity Credit
          Corporation, entitled Biomass Crop Assistance Program (RIN: 0560-AH92). We
          received the rule on October 20, 2010. It was published in the Federal Register as a
          final rule on October 27, 2010. 75 Fed. Reg. 66,202.

          The final rule implements the new Biomass Crop Assistance Program (BCAP) by
          specifying the requirements for eligible producers and participants, biomass
          conversion facilities, and eligible renewable biomass crops and materials. BCAP is
          intended to assist agricultural and forest land owners and operators with the
          establishment and production of eligible crops in selected project areas for
          conversion to bioenergy, and the collection, harvest, storage, and transportation of
          eligible material for use in a biomass conversion facility.

          The Congressional Review Act requires major rules to have a 60-day delay in their
          effective date following their publication in the Federal Register or receipt by
          Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). However, notwithstanding the
          60-day delay requirement, any rule that an agency for good cause finds that notice
          and public procedures are impractical, unnecessary, or contrary to the public


GAO-11-183R

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