About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-287557 1 (2001-05-14)

handle is hein.gao/gaocrptamqd0001 and id is 1 raw text is: SGAO Accountability* Integrity Reliability United States General Accounting Office Washington, DC 20548 B-287557 May 14, 2001 The Honorable Doug Ose Chairman, Subcommittee on Energy Policy, Natural Resources, and Regulatory Affairs Committee on Government Reform House of Representatives Subject: Opinion on Whether Trinity River Record of Decision is a Rule Dear Mr. Chairman: This is in response to your letter of March 19, 2001, requesting our views on whether the Department of the Interior, Fish and Wildlife Service's Record of Decision (ROD) entitled Trinity River Mainstem Fishery Restoration is a rule under the Congressional Review Act (CRA) provisions of the Small Business Regulatory Enforcement Fairness Act. 5 U.S.C. 801 et seq. The ROD concerns the decreased river flows in the Trinity River Basin caused by the Trinity River Division of the Central Valley Project in 1963. This decreased flow affected the salmon and steelhead runs, and the ROD documents the selection of actions necessary to restore and maintain the anadromous fish in the Trinity River. We requested the views of the Department of the Interior and received them shortly before the issuance of this opinion. For the reasons discussed below, we conclude that this ROD is a rule covered by the Congressional Review Act. Rules Subject to Congressional Review Chapter 8 of title 5, United States Code, entitled Congressional Review of Agency Rulemaking, is designed to keep Congress informed about the rulemaking activities of federal agencies and to allow for congressional review of rules. The requirements of chapter 8 take precedence over any other provision of law. 5 U.S.C. 806(a). Section 801(a)(1) provides that before a rule becomes effective, the agency promulgating the rule must submit to each House of Congress and to the Comptroller General a report containing: (i) a copy of the rule;

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most