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B-331756 1 (2020-01-23)

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


B-331756


January 23, 2020

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: Environmental Quality
        Incentives Program

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
Environmental Quality Incentives Program (RIN: 0578-AA68). We received the rule on
January 10, 2020. It was published in the Federal Register as an interim rule on December 17,
2019. 84 Fed. Reg. 69272. The effective date of the rule is December 17, 2019.

The interim rule makes changes to the Environmental Quality Incentives Program (EQIP) to
conform to changes made by the Agriculture Improvement Act of 2018 (the Act). Pub. L. No.
115-334, 132 Stat. 4490 (2018). The Act made several changes to EQIP as described in the
rule. For instance, the Act makes a state, irrigation district, groundwater management district,
acequia, land grant-mercedes, or similar entity eligible for EQIP payments. The Act also
requires targeting of at least 10 percent of EQIP funds to wildlife conservation practices,
reduces EQIP funds targeted for livestock to 50 percent, and creates various incentives to
address resource concerns in identified watersheds and other high priority areas.

The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major
rule from the 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. § 80(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. § 808(2). CCC
determined due to the nature of the rule, the mandatory requirements of the Act, and the need
to implement the regulations expeditiously to provide assistance to producers, the 60-day delay
is contrary to the public interest. CCC made the rule effective upon publication in the Federal
Register.

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