Department of Agriculture, Commodity Credit Corporation: Conservation Stewardship Program, GAO-09-961R, August 17, 2009
The Honorable Tom Harkin
Chairman
The Honorable Saxby Chambliss
Ranking Minority Member
Committee on Agriculture, Nutrition, and Forestry
United States Senate
The Honorable Collin C. Peterson
Chairman
The Honorable Frank D. Lucas
Ranking Minority Member
Committee on Agriculture
House of Representatives
Subject: Department of Agriculture, Commodity Credit Corporation: Conservation Stewardship 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,
National Resources Conservation Service (NRCS), entitled “Conservation
Stewardship Program” (RIN: 0578-AA43).
We received the rule on July 31, 2009.
It was published in the Federal
Register as an “interim final rule with request for comment” on July 29,
2009. 74 Fed. Reg. 37,499. The interim final rule is effective on July
29, 2009, and comments must be received on or before September 28, 2009.
Section 2301 of the Food, Conservation, and Energy Act of
2008, Pub. L. No. 110-246, 122 Stat. 1651, 1768 (the 2008 Act) amended the Food
Security Act of 1985 to establish the Conservation Stewardship Program. NRCS states in the interim final rule that
the purpose of the Conservation Stewardship Program is to encourage producers
to address resource concerns in a comprehensive manner by undertaking
additional conservation activities, and improving, maintaining, and managing
existing conservation activities. Section
2904 of the 2008 Act authorized the Secretary of Agriculture, in consultation
with the Commodity Credit Corporation, to issue this regulation as an interim
final rule effective on the date of publication. This interim final rule sets forth the
policies, procedures, and requirements necessary to implement the Conservation
Stewardship Program as authorized by the 2008 Act.
Enclosed is our assessment of the NRCS’s compliance with
the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title
5 with respect to the rule. Our review of
the procedural steps taken indicates that NRCS complied with the applicable
requirements.
If you have any questions about this report or wish to
contact GAO officials responsible for the evaluation work relating to the
subject matter of the rule, please contact Shirley A. Jones, Assistant General
Counsel, at (202) 512-8156.
signed
Robert J. Cramer
Managing Associate General Counsel
Enclosure
cc: Leslie Deavers
Acting Farm Bill Coordinator
Department of Agriculture
ENCLOSURE
REPORT UNDER 5
U.S.C. sect. 801(a)(2)(A) ON A MAJOR RULE
ISSUED BY THE
DEPARTMENT OF AGRICULTURE,
COMMODITY CREDIT CORPORATION
ENTITLED
"CONSERVATION STEWARDSHIP PROGRAM"
(RIN: 0578-AA43)
(i) Cost-benefit analysis
NRCS prepared a cost-effectiveness analysis (CEA) of this
interim final rule. The CEA describes
how financial assistance and technical assistance are made available through
the Conservation Stewardship Program, with the program objective being to have
producers adopt additional conservation activities. The CEA attempts to compare the impact of
these activities in generating environmental benefits with program costs. Since the Conservation Stewardship Program is
a voluntary program, it is not expected to impose any obligation or burden upon
agricultural producers and non-industrial private forestland owners who chose
not to participate.
(ii) Agency actions relevant to the Regulatory
Flexibility Act, 5 U.S.C. sections 603-605, 607, and 609
NRCS determined that the Regulatory Flexibility Act is not
applicable to this interim final rule because NRCS is not required by 5 U.S.C. sect.
553, or any other provision of law, to publish a notice of proposed rulemaking
with regard to the subject matter of the rule.
(iii) Agency actions relevant to sections 202-205 of
the Unfunded Mandates Reform Act of 1995, 2 U.S.C. sections 1532-1535
NRCS states that this interim final rule does not compel
the expenditure of $100 million or more by any state, local, or tribal
government, or anyone in the private sector, and therefore a federalism
assessment is not required.
(iv) Other relevant information or requirements under acts
and executive orders
Administrative Procedure Act, 5 U.S.C. sections 551 et
seq.
NRCS published this rule as an interim final rule effective
on publication with request for comment, as authorized by section 2904(b) of
the 2008 Act. So, despite the
publication and effective date of July 29, 2009, comments can be submitted
through September 29, 2009.
Paperwork Reduction Act, 44
U.S.C. sections 3501-3520
NRCS states that this
interim final rule is exempt from the requirements of the Paperwork Reduction
Act, as specified in section 2904 of the 2008 Act. Therefore, NRCS did not report recordkeeping
or estimated paperwork burden associated with this interim final rule.
Statutory authorization for the rule
NRCS promulgated this rule pursuant to sections 2301 and
2904 of the 2008 Act.
Executive Order No. 12,866 (Regulatory Planning and
Review)
NRCS concluded that this interim final rule is an economically
significant regulatory action under the Executive Order since it results in an
annual effect on the economy of $100 million or more. Accordingly, NRCS conducted an economic
analysis of the potential impacts of the program.
Executive Order No. 13,132 (Federalism)
NRCS did not discuss this Executive Order.