Opinion on Whether Trinity River Record of Decision is a Rule

B-287557: Published: May 14, 2001. Publicly Released: May 14, 2001.


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GAO commented on whether the 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. GAO held that, under CRA, a rule is an agency action that constitutes a statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy. The Trinity ROD clearly constituted a rule since its essential purpose was to set policy for the future.

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