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B-331602 1 (2019-11-26)

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


B-331602


November  26, 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, Commodity Credit Corporation: Conservation Stewardship
        Program (CSP) Interim Rule

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, Commodity Credit Corporation (CCC) entitled
Conservation Stewardship Program (CSP) Interim Rule (RIN: 0578-AA67). We received the
rule on November 12, 2019. It was published in the Federal Register as an interim rule on
November  12, 2019. 84 Fed. Reg. 60883. The effective date of the rule is November 12, 2019.

The interim rule with request for comment amends the existing regulation for CSP to incorporate
programmatic changes  as authorized by amendments in the Agriculture Improvement Act of
2018.  Pub. L. No. 115-334, 132 Stat. 4490 (2018) (2018 Farm Bill). Among other things, this
rule (1) defines new terms and adjusts existing terms, such as expanding the definition of
conservation activities and defining the term comprehensive conservation plan; (2) revises
the CSP ranking criteria and requires that both new contracts and contract renewals be ranked
based on those criteria; (3) provides opportunity for participants to renew their contracts in the
first half of the fifth year of the 5-year contract; (4) bases program allocations on funds rather
than acres and eliminates the requirement the program be administered at $18 per acre
average nationally; and (5) incentivizes certain activities, including authorizing payment for
cover crop activities at not less than 125 percent of the annual payment amount and authorizing
a supplemental payment for advanced grazing management  or resource-conserving crop
rotations at not less than 150 percent of the annual payment amount.

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 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

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