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B-332964 Feb 16, 2021 1 (2021-02-16)

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                     O1O     o    U.S. GOVERNMENT ACCOUNTABILITY OFFICE
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Washington, DC  20548


B-332964


February 16, 2021

The Honorable Debbie Stabenow
Chairwoman
The Honorable John Boozman
Ranking Member
Committee  on Agriculture, Nutrition, and Forestry
United States Senate

The Honorable David Scott
Chairman
The Honorable K. Michael Conaway
Ranking Member
Committee  on Agriculture
House  of Representatives

Subject: Department of Agriculture, Commodity Credit Corporation: Agricultural Conservation
        Easement  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
Agricultural Conservation Easement Program (RIN: 0578-AA66). We received the rule on
February 4, 2021. It was published in the Federal Register as a final rule on February 4, 2021.
86 Fed. Reg. 8113. The effective date of the rule is February 4, 2021.

According to CCC, this final rule adopts, with minor changes, an interim rule that implemented
changes to the Agricultural Conservation Easement Program that were necessitated by
enactment of the Agriculture Improvement Act of 2018, Pub. L. No. 115-334, 132 Stat. 4490
(Dec. 20, 2018), and changes for administrative streamlining improvements and clarifications.
CCC  also stated that the rule makes permanent many of the changes made in the interim rule,
responds to comments  received, and makes further adjustments in response to some of the
comments  received.

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. § 808(2). Here, CCC stated that the regulations to
implement the programs of chapter 58 of title 16 of the United States Code, as specified in
16 U.S.C. § 3846, and the administration of those programs, are to be made as an interim rule
effective on publication, with an opportunity for notice and comment, and are to use the
authority under 5 U.S.C. § 808 related to congressional review. CCC stated that consistent with
the use of the authority under 5 U.S.C. § 808 related to congressional review for the immediate

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