Farmer-Informed WOTUS Act of 2023

Subjects: Agriculture and Food


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1023 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1023

To establish an advisory committee to inform Congress of the impact of 
 Waters of the United States regulations on United States agriculture, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 29, 2023

 Mr. Braun (for himself, Mr. Tuberville, Mr. Kennedy, Mr. Rounds, Mr. 
  Ricketts, and Mr. Scott of Florida) introduced the following bill; 
  which was read twice and referred to the Committee on Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To establish an advisory committee to inform Congress of the impact of 
 Waters of the United States regulations on United States agriculture, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Farmer-Informed WOTUS Act of 2023''.

SEC. 2. ADVISORY COMMITTEE FOR WATERS OF THE UNITED STATES REGULATIONS.

    (a) Definitions.--In this section:
            (1) Advisory committee.--The term ``advisory committee'' 
        means the advisory committee established under subsection (b).
            (2) Covered commodity.--The term ``covered commodity'' has 
        the meaning given the term in section 1111 of the Agricultural 
        Act of 2014 (7 U.S.C. 9011).
            (3) Livestock.--The term ``livestock'' has the meaning 
        given the term in section 2(a) of the Packers and Stockyards 
        Act, 1921 (7 U.S.C. 182(a)).
            (4) Poultry.--The term ``poultry'' has the meaning given 
        the term in section 2(a)(6) of the Packers and Stockyards Act, 
        1921 (7 U.S.C. 182(a)).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (6) Specialty crop.--The term ``specialty crop'' has the 
        meaning given the term in section 3 of the Specialty Crops 
        Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law 
        108-465).
            (7) WOTUS regulations.--The term ``WOTUS regulations'' 
        means any Federal regulations that define the term ``waters of 
        the United States'' for purposes of the Federal Water Pollution 
        Control Act (33 U.S.C. 1251 et seq.).
    (b) Establishment.--The Secretary, in coordination with the 
Administrator of the Environmental Protection Agency and the Assistant 
Secretary of the Army for Civil Works, shall establish an advisory 
committee broadly representative of the United States farming and 
ranching sectors to study and develop recommendations to address the 
impact of WOTUS regulations on United States agriculture and 
environmental protection.
    (c) Membership.--
            (1) Composition.--The advisory committee shall be composed 
        of 32 members, all of whom are farmers or ranchers, to be 
        appointed as follows:
                    (A) Farmer association-nominated appointees.--
                            (i) In general.--16 members shall be 
                        appointed by the Secretary from a list of 
                        candidates nominated under clause (ii).
                            (ii) Nominations.--
                                    (I) In general.--The Secretary 
                                shall select 16 entities described in 
                                subclause (II), each of which shall 
                                nominate 1 candidate for membership in 
                                the advisory committee.
                                    (II) Nominating entities.--The 
                                entities referred to in subclause (I) 
                                are the following:
                                            (aa) 2 national farmer 
                                        trade associations representing 
                                        farmers and ranchers from all 
                                        50 States and the internal 
                                        policy of which is developed 
                                        using a member-driven process.
                                            (bb) 4 national covered 
                                        commodity trade associations.
                                            (cc) 3 national specialty 
                                        crop trade associations.
                                            (dd) 3 national livestock 
                                        trade associations.
                                            (ee) 3 national poultry 
                                        trade associations.
                                            (ff) 1 national trade 
                                        association representing State 
                                        departments of agriculture.
                    (B) Senate-nominated appointees.--
                            (i) In general.--8 members shall be 
                        appointed by the Secretary from a list of 
                        candidates nominated under clause (ii).
                            (ii) Nominations.--The Senate shall 
                        nominate 8 regionally diverse candidates for 
                        membership in the advisory committee, of whom--
                                    (I) 4 shall be nominated by the 
                                majority leader of the Senate, in 
                                consultation with the chairperson of 
                                the Committee on Agriculture, 
                                Nutrition, and Forestry of the Senate; 
                                and
                                    (II) 4 shall be nominated by the 
                                minority leader of the Senate, in 
                                consultation with the ranking member of 
                                the Committee on Agriculture, 
                                Nutrition, and Forestry of the Senate.
                    (C) House of representatives-nominated 
                appointees.--
                            (i) In general.--8 members shall be 
                        appointed by the Secretary from a list of 
                        candidates nominated under clause (ii).
                            (ii) Nominations.--The House of 
                        Representatives shall nominate 8 regionally 
                        diverse candidates for membership in the 
                        advisory committee, of whom--
                                    (I) 4 shall be nominated by the 
                                majority leader of the House of 
                                Representatives, in consultation with 
                                the chairperson of the Committee on 
                                Agriculture of the House of 
                                Representatives; and
                                    (II) 4 shall be nominated by the 
                                minority leader of the House of 
                                Representatives, in consultation with 
                                the ranking member of the Committee on 
                                Agriculture of the House of 
                                Representatives.
            (2) Date.--Initial appointments to the advisory committee 
        under paragraph (1) shall be made not later than 1 year after 
        the date of enactment of this Act.
            (3) Period of appointment; vacancies.--
                    (A) In general.--A member of the advisory committee 
                shall be appointed for the life of the advisory 
                committee.
                    (B) Vacancies.--Any vacancy in the advisory 
                committee--
                            (i) shall not affect the powers or duties 
                        of the advisory committee; and
                            (ii) shall be filled in the same manner as 
                        the original appointment.
            (4) Chairperson and vice chairperson.--The advisory 
        committee shall select a chairperson and vice chairperson from 
        among the members of the advisory committee.
    (d) Meetings.--
            (1) Initial meeting.--Not later than 30 days after the date 
        on which all members of the advisory committee have been 
        appointed, the advisory committee shall hold the first meeting 
        of the advisory committee.
            (2) Frequency.--The advisory committee shall meet not less 
        than 4 times per year.
            (3) Quorum.--A majority of the members of the advisory 
        committee shall constitute a quorum, but a lesser number of 
        members may hold hearings.
    (e) Duties.--
            (1) Study and recommendations required.--
                    (A) In general.--The advisory committee shall 
                conduct a thorough study and develop recommendations to 
                address the impact of WOTUS regulations on United 
                States agriculture.
                    (B) Matters studied.--The advisory committee shall 
                study and develop recommendations to address--
                            (i) the impact of the prior-converted 
                        farmland exemption on agricultural operations;
                            (ii) common agricultural practices that are 
                        not exempted from WOTUS regulations under the 
                        activity-based permitting exemptions of the 
                        Environmental Protection Agency;
                            (iii) instances in which the Corps of 
                        Engineers came to conflicting rulings for the 
                        same or similarly situated tracts of land;
                            (iv) the impact of WOTUS regulations on 
                        secure food supply chains and rural 
                        infrastructure;
                            (v) how WOTUS regulations can be structured 
                        to provide a clear, objective ``eyesight'' test 
                        for jurisdictional waters of the United States; 
                        and
                            (vi) how safe harbor conditions can be 
                        developed for farmers who observe common, 
                        voluntary conservation practices on their 
                        farms.
            (2) Report.--Not later than 1 year after the date on which 
        all members of the advisory committee have been appointed, the 
        advisory committee shall--
                    (A) submit a report with detailed findings and 
                recommendations addressing the matters described in 
                paragraph (1)(B) to--
                            (i) the Secretary;
                            (ii) the Committee of Agriculture, 
                        Nutrition, and Forestry of the Senate;
                            (iii) the Committee on Environment and 
                        Public Works of the Senate;
                            (iv) the Committee on Agriculture of the 
                        House of Representatives;
                            (v) the Committee on Transportation and 
                        Infrastructure of the House of Representatives;
                            (vi) the Chair of the Council on 
                        Environmental Quality;
                            (vii) the Director of the Office of 
                        Management and Budget;
                            (viii) the Director of the White House 
                        Domestic Policy Council;
                            (ix) the White House Chief of Staff;
                            (x) the Administrator of the Environmental 
                        Protection Agency; and
                            (xi) the Assistant Secretary of the Army 
                        for Civil Works;
                    (B) publish in the Federal Register the report 
                under subparagraph (A); and
                    (C) present the findings and recommendations of the 
                advisory committee in a meeting to--
                            (i) the Administrator of the Environmental 
                        Protection Agency;
                            (ii) the Assistant Secretary of the Army 
                        for Civil Works; and
                            (iii) the Science Advisory Board of the 
                        Environmental Protection Agency.
    (f) Powers.--
            (1) Hearings.--The advisory committee may hold such 
        hearings, sit and act at such times and places, take such 
        testimony, and receive such evidence as the advisory committee 
        considers advisable to carry out this section.
            (2) Information from federal agencies.--
                    (A) In general.--The advisory committee may secure 
                directly from any Federal department or agency such 
                information as the advisory committee considers 
                necessary to carry out this section.
                    (B) Furnishing information.--On request of the 
                chairperson of the advisory committee, the head of a 
                department or agency shall furnish any requested 
                information to the advisory committee.
            (3) Postal services.--The advisory committee may use the 
        United States mails in the same manner and under the same 
        conditions as other departments and agencies of the Federal 
        Government.
            (4) Gifts.--The advisory committee may accept, use, and 
        dispose of gifts or donations of services or property.
            (5) Procurement of temporary and intermittent services.--
        The chairperson of the advisory committee may procure temporary 
        and intermittent services under section 3109(b) of title 5, 
        United States Code, at rates for individuals which do not 
        exceed the daily equivalent of the annual rate of basic pay 
        prescribed for level V of the Executive Schedule under section 
        5316 of that title.
    (g) Compensation.--
            (1) Federal members.--A member of the advisory committee 
        who is an officer or employee of the United States shall serve 
        without compensation in addition to that received for service 
        as an officer or employee of the United States, and such detail 
        shall be without interruption or loss of civil service status 
        or privilege.
            (2) Travel expenses.--A member of the advisory committee 
        shall be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their home or regular places of business 
        in the performance of services for the advisory committee.
    (h) Sunset.--The advisory committee shall terminate 90 days after 
the date on which the advisory committee completes the reporting 
requirements under subsection (e)(2).
    (i) Funding.--
            (1) Unobligated funding available.--Of the unobligated 
        amounts appropriated by the American Rescue Plan Act of 2021 
        (Public Law 117-2; 135 Stat. 4), such sums as are necessary 
        shall be made available to carry out this section.
            (2) Authorization of appropriations.--In the event that the 
        funds described in paragraph (1) may not be made available to 
        carry out this section, there are authorized to be appropriated 
        such sums as are necessary to carry out this section.
                                 &lt;all&gt;
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