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B-330217 1 (2018-07-26)

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


B-330217


July 26, 2018

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

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

Subject: Department of Agriculture, Farm Service Agency: 2017 Wildfires and Hurricanes
        Indemnity 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, Farm Service Agency (FSA) entitled 2017
Wildfires and Hurricanes Indemnity Program (RIN: 0560-AI39). We received the rule on
July 17, 2018. It was published in the Federal Register as a final rule on July 18, 2018. 83 Fed.
Reg. 33,795. The effective date of the final rule is July 18, 2018.

The final rule provides payments to eligible producers who suffered eligible crop, tree, bush, and
vine losses resulting from hurricanes and wildfires that occurred in the 2017 calendar year, as
authorized by the Bipartisan Budget Act of 2018 (BBA). This rule specifies the administrative
provisions, eligibility requirements, application procedures, and payment calculations for the
2017 Wildfires and Hurricanes Indemnity Program (WHIP).

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). This final rule was received on July 17, 2018. It
was published in the Federal Register on July 18, 2018, and has a stated effective date of
July 18, 2018. 83 Fed. Reg. 33,795. Therefore, the final rule does not have the required
60-day delay in its effective date.

The 60-day delay in effective date can be waived however, if the agencies find for good cause
that delay is impracticable, unnecessary, or contrary to the public interest, and the agencies
incorporate a statement of the findings and their reasons in the rule issued. 5 U.S.C. § 808(2).
FSA found good cause to issue this regulation effective upon publication in the Federal
Register. FSA stated beneficiaries of the rule have suffered extensive damage due to the
losses from the hurricanes and wildfires that occurred in 2017. FSA found it would be contrary

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