I 

114TH CONGRESS 

2D SESSION H. R. 5605 

To amend the Food Security Act of 1985 with respect to the administration 

of wetland determinations, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 28, 2016 

Mrs. NOEM (for herself, Mr. CRAMER, and Mr. PETERSON) introduced the 

following bill; which was referred to the Committee on Agriculture 

A BILL 

To amend the Food Security Act of 1985 with respect to 

the administration of wetland determinations, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Wetland Determina5 tions Efficiency and Transparency Act’’. 

6 SEC. 2. ADMINISTRATION OF WETLAND DETERMINATIONS. 

7 Section 1222(a) of the Food Security Act of 1985 

8 (16 U.S.C. 3822(a)) is amended— 

9 (1) in paragraph (1), by striking ‘‘subsection 

10 (b) and paragraph (6)’’ and inserting ‘‘subsection 


asabaliauskas on DSK3SPTVN1PROD with BILLS
2 

•HR 5605 IH

1 (b), paragraphs (6) and (7), and paragraphs (1)(B) 

2 and (2) of section 1244(e)’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(7) ADMINISTRATION.— 

5 ‘‘(A) TIMELY COMPLETION.— 

6 ‘‘(i) IN GENERAL.—The Secretary, 

7 acting through the Chief of the Natural 

8 Resources Conservation Service, shall en9 sure the completion of a wetland delinea10 tion, determination, or certification by the 

11 date that is 60 days after the date on 

12 which a person subject to this subtitle re13 quests the delineation, determination, or 

14 certification. 

15 ‘‘(ii) EFFECT OF DELAY.—If a wet16 land delineation, determination, or certifi17 cation is not completed by the date de18 scribed in clause (i), upon completion of 

19 the wetland delineation, determination, or 

20 certification, the Secretary shall provide 

21 for a reasonable transition period for com22 ing into compliance with the wetland delin23 eation, determination, or certification, as 

24 necessary, and a person shall not become 

25 ineligible under section 1221 for program 


asabaliauskas on DSK3SPTVN1PROD with BILLS
3 

•HR 5605 IH

1 loans or payments as a result of actions 

2 taken, between the date described in clause 

3 (i) and the date on which such transition 

4 period ends, in violation of the wetland de5 lineation, determination, or certification. 

6 ‘‘(B) FINAL AGENCY ACTION.—A wetland 

7 delineation, determination, or certification made 

8 by the Secretary shall be considered a final 

9 agency action subject to judicial review, and a 

10 person challenging a wetland delineation, deter11 mination, or certification shall not be required 

12 to exhaust all administrative remedies prior to 

13 bringing a suit in Federal court. 

14 ‘‘(C) DUTY TO DISCLOSE.—In the case of 

15 a wetland delineation, determination, or certifi16 cation for which there exists a dispute, the Sec17 retary shall make available a copy of the agency 

18 record, to a person involved in the dispute who 

19 requests such a copy, not later than 30 days 

20 after the date on which the person makes the 

21 request. 

22 ‘‘(D) BURDEN OF PROOF.—In the case of 

23 a wetland delineation, determination, or certifi24 cation for which there exists a dispute, the SecVerDate Sep 11 2014 21:15 Jun 29, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5605.IH H5605

asabaliauskas on DSK3SPTVN1PROD with BILLS
4 

•HR 5605 IH

1 retary shall bear the burden of proof by a pre2 ponderance of the evidence. 

3 ‘‘(E) EFFECT ON EXISTING PROCESS.— 

4 Nothing in this paragraph shall be construed to 

5 prohibit a person challenging a wetland delinea6 tion, determination, or certification from using 

7 the administrative appeal process in place be8 fore the date of enactment of this paragraph.’’. 

9 SEC. 3. TECHNICAL ASSISTANCE PERMITTED. 

10 Section 1244(e) of the Food Security Act of 1985 (16 

11 U.S.C. 3844(e)) is amended to read as follows: 

12 ‘‘(e) PROVISION OF TECHNICAL ASSISTANCE BY

13 OTHER SOURCES.— 

14 ‘‘(1) THIRD-PARTY TECHNICAL ASSISTANCE

15 PERMITTED.—The Secretary shall permit a person 

16 to secure technical assistance from an approved 

17 source, as determined by the Secretary, other than 

18 the Natural Resources Conservation Service— 

19 ‘‘(A) in the preparation and application of 

20 a conservation plan under subtitle B or similar 

21 plan required as a condition for assistance from 

22 the Department of Agriculture; and 

23 ‘‘(B) in the preparation of a wetland delin24 eation or determination to submit to the Sec25 retary under section 1222. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
5 

•HR 5605 IH

1 ‘‘(2) REJECTION.—If the Secretary rejects a 

2 technical determination made by an approved source 

3 pursuant to paragraph (1)(A), or a wetland delinea4 tion or determination made by an approved source 

5 pursuant to paragraph (1)(B), the basis of the Sec6 retary’s rejection must be supported by documented 

7 evidence.’’. 

8 SEC. 4. DATE OF RETURN OF WETLAND CHARACTERISTICS. 

9 Section 1222(b)(1)(G) of the Food Security Act of 

10 1985 (16 U.S.C. 3822) is amended by striking ‘‘after that 

11 date’’ and inserting ‘‘after such original conversion’’. 

Æ 


asabaliauskas on DSK3SPTVN1PROD with BILLS