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B-331417 1 (2019-09-25)

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G      A     O        U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-331417


September 25, 2019

The Honorable Pat Roberts
Chairman
The Honorable Debbie Stabenow
Ranking Member
Committee on Agriculture, Nutrition, and Forestry
United States Senate

The Honorable Collin C. Peterson
Chairman
The Honorable K. Michael Conaway
Ranking Member
Committee on Agriculture
House of Representatives

Subject: Department of Agriculture, Federal Crop Insurance Corporation, Farm Service Agency,
        Commodity Credit Corporation: Agricultural Disaster Indemnity Programs

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of Agriculture (USDA), Federal Crop Insurance Corporation
(FCIC), Farm Service Agency (FSA), Commodity Credit Corporation (CCC) entitled Agricultural
Disaster Indemnity Programs (RIN: 0560-AI52). We received the rule on September 13, 2019.
It was published in the Federal Register as a final rule on September 13, 2019. 84 Fed. Reg.
48518. The effective date of the rule is September 13, 2019.

This final rule prescribes how USDA will provide agricultural disaster assistance as authorized
by the Additional Supplemental Appropriations for Disaster Relief Act of 2019 (Disaster Relief
Act). The final rule also contains specific administrative provisions for payments to eligible
producers and dairy operations for milk through the Wildfire and Hurricane Indemnity Program
Plus (WHIP+), the On-Farm Storage Loss Program, and the Wildfire and Hurricane Indemnity
Program (WHIP). This final rule expands the eligibility for 2017 WHIP to include losses incurred
from Tropical Storm Cindy and updates regulations from the Tree Assistance Program (TAP).
Finally, the rule provides support to producers who were prevented from planting eligible crops
in 2019 due to various natural disaster events.

The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major
rule from the date of publication in the Federal Register or receipt of the rule by Congress,
whichever is later. 5 U.S.C. § 801(a)(3)(A). The 60-day delay in effective date can be waived,
however, if the agency finds for good cause that delay is impracticable, unnecessary, or
contrary to the public interest, and the agency incorporates a statement of the findings and its
reasons in the rule issued. 5 U.S.C. §§ 553(b)(3)(B). USDA found good cause for the
provisions of this rule to become effective immediately upon publication because it determined
that the notice and public procedures are contrary to the public interest given the nature and

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