I
106TH CONGRESS
1ST SESSION
H. R. 2793
To designate the Department of Agriculture as the lead Federal agency
for national agricultural policy regarding conservation and the environ-
ment, including water quality research and modeling, water quality as-
sessments and monitoring, and technical assistance for all agricultural
activities conducted on agricultural lands, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 5, 1999
Mr. STENHOLM introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee on Agriculture, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To designate the Department of Agriculture as the lead
Federal agency for national agricultural policy regarding
conservation and the environment, including water qual-
ity research and modeling, water quality assessments
and monitoring, and technical assistance for all agricul-
tural activities conducted on agricultural lands, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Agricultural Water Quality Policy Oversight Act of
1999’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and definitions.
Sec. 3. Interagency Agricultural Water Quality Policy Working Group.
Sec. 4. Advisory committee to address agriculture-related water quality issues.
Sec. 5. Other aspects of leadership role of Department of Agriculture.
Sec. 6. Maintaining privacy of personal data received by Department of Agri-
culture and data gathering locations.
Sec. 7. Agricultural water quality programs.
SEC. 2. FINDINGS AND DEFINITIONS.
(a) FINDINGS.—Congress finds the following:
(1) The Secretary of Agriculture must provide
the leadership necessary to ensure that sound
science is used to develop Federal policy decisions
and rules regarding private agricultural lands and
other rural lands.
(2) Public attention has gradually turned from
the manufacturing industry toward agriculture as a
source of water pollution.
(3) Various studies allege that agricultural pro-
duction is a source of nutrients and other forms of
non-point source pollution.
(4) Although many of these studies are based
on erroneous or incomplete data, Federal agencies
are continuing to increase the paperwork and finan-
cial burden on farmers and ranchers through regu-
latory requirements based on these studies.
(5) Any Federal policy recommendations that
may be issued by any Federal agency to address
water pollution problems related to agricultural
lands should be based on sound science, subject to
adequate peer review, and should take into account
the economic feasibility of implementing such rec-
ommendations at the farm level.
(6) The majority of farmers and ranchers vol-
untarily manage their land in ways that protect the
productivity and quality of their soil.
(7) Federal, State, and local technical assist-
ance efforts are ongoing to assist farmers and
ranchers in implementing voluntary conservation
measures to assess and reduce the risk of non-point
source water pollution contributions from agricul-
tural production.
(8) Farmers and ranchers seeking technical as-
sistance from the Department of Agriculture share
detailed data and information about their operations
and trust that this information will be kept confiden-
tial.
(b) DEFINITIONS.—In this Act:
(1) INTERAGENCY WORKING GROUP.—The term
‘‘Interagency Working Group’’ means the Inter-
agency Agricultural Water Quality Policy Working
Group established pursuant to section 3.
(2) ADVISORY COMMITTEE.—The term ‘‘advi-
sory committee’’ means the advisory committee to
address agriculture-related water quality issues es-
tablished pursuant to section 4.
(3) 
SOUND
SCIENCE.—The 
term 
‘‘sound
science’’ means technical or scientific information or
techniques that have been subjected to independent
peer review, publication in one or more scientific
journals, or subjected to some other unbiased proc-
ess which assures independent scholarly critique of
research or field trial results and conclusions, includ-
ing consideration of the accuracy of collection and
analysis for all underlying data. In addition, in all
cases where replication of research results is fea-
sible, the term can be applied only to information or
techniques that have demonstrated repeatable results
in similar trials at other times or at multiple loca-
tions.
SEC. 3. INTERAGENCY AGRICULTURAL WATER QUALITY
POLICY WORKING GROUP.
(a) PURPOSE.—It is the purpose of this section to
establish an executive branch working group, to be chaired
by the Secretary of Agriculture, to—
(1) ensure that sound science is used to develop
agricultural water quality policy; and
(2) provide advice and recommendations on the
integration and coordination of Federal water qual-
ity policy affecting private agricultural lands and
other rural lands.
(b) ESTABLISHMENT.—There is established in the ex-
ecutive branch a working group, to be known as the Inter-
agency Agricultural Water Quality Policy Working Group.
The Interagency Working Group shall include the fol-
lowing members:
(1) The Secretary of Agriculture, or the des-
ignee of the Secretary, who shall chair the Inter-
agency Working Group.
(2) The Secretary of the Interior, or the des-
ignee of the Secretary of the Interior. The designee
of the Secretary of the Interior shall be an officer
or employee of the Geological Survey.
(3) The Secretary of the Army, or the designee
of the Secretary of the Army.
(4) The Secretary of Commerce, or the designee
of the Secretary of Commerce. The designee of the
Secretary of Commerce shall be an officer or em-
ployee of the National Oceanic and Atmospheric Ad-
ministration.
(5) The Administrator of the Environmental
Protection Agency or the designee of the Adminis-
trator.
(6) The heads of such other Federal agencies or
other Executive Offices as the Secretary of Agri-
culture considers appropriate or their designees.
(c) MEETINGS.—
(1) INITIAL
MEETING.—Not later than 120
days after the date of the enactment of this Act, the
Interagency Working Group shall hold its first meet-
ing.
(2) TIME
FOR
MEETINGS.—The Interagency
Working Group shall meet at the call of the chair,
but at least annually.
(3) QUORUM.—A majority of the members of
the Interagency Working Group shall constitute a
quorum to conduct business pursuant to this Act,
but a lesser number of members may hold hearings
to receive testimony.
(d) AGRICULTURE-RELATED WATER QUALITY POL-
ICY CLEARANCE.—After the establishment of the Inter-
agency Working Group, all new Federal water quality pol-
icy affecting agricultural lands and other rural lands shall
be subject to approval by the Interagency Working Group.
(e) ANALYSIS OF CURRENT POLICIES.—The Inter-
agency Working Group shall conduct a thorough analysis
of national water quality policy in effect as of the date
of the enactment of this Act and affecting agricultural and
rural lands. In conducting the study, the Interagency
Working Group shall—
(1) review all existing Federal laws and pro-
grams relating to agricultural water quality policy;
(2) review State, local, and tribal laws and pro-
grams relating to agricultural water quality policy
that the Interagency Working Group finds pertinent;
(3) review recent agricultural water quality pol-
icy activities by Federal agencies and determine if
these policies are backed by research and sound
science;
(4) prepare recommendations on mechanisms to
ensure that sound science is the foundation of agri-
cultural water quality policy adopted after the date
of the enactment of this Act;
(5) consult with State Governors and prepare
recommendations on how Federal agricultural water
quality policies and programs can be better inte-
grated with ongoing State, local, and tribal pro-
grams into a comprehensive national policy.
(f) SUBMISSION OF REPORT.—
(1) IN GENERAL.—Not later than 18 months
after the date of the enactment of this Act, the
Interagency Working Group shall submit a report to
the President and Congress containing a detailed
statement of the findings and conclusions of the
Interagency Working Group derived from the study
conducted by the Interagency Working Group under
subsection (e), together with recommendations for
such legislation and administrative actions as the
Interagency Working Group considers appropriate.
(2) APPROVAL OF REPORT.—Before submission
of the report, the contents of the report shall be ap-
proved by majority vote of the Interagency Working
Group. Members voting not to approve the contents
shall be given the opportunity to submit dissenting
views with the report.
(g) MISCELLANEOUS POWERS.—
(1) 
HEARINGS.—The 
Interagency 
Working
Group may hold such hearings, sit and act at such
times and places, take such testimony, and receive
such evidence as the Interagency Working Group
considers necessary to carry out the duties of the
Interagency Working Group.
(2) INFORMATION FROM FEDERAL AGENCIES.—
The Interagency Working Group may secure directly
from any Federal agency such information as the
Interagency Working Group considers necessary to
carry out its duties. Upon request of the chair of the
Interagency Working Group, the head of such agen-
cy shall furnish such information to the Interagency
Working Group.
SEC. 
4. 
ADVISORY 
COMMITTEE 
TO 
ADDRESS 
AGRI-
CULTURE-RELATED WATER QUALITY ISSUES.
(a) ESTABLISHMENT OF ADVISORY COMMITTEE.—
The Secretary of Agriculture shall establish an advisory
committee to address agriculture-related water quality
issues, including research and modeling, agricultural
water quality inventorying and monitoring activities, and
the availability of conservation technical assistance for im-
plementing agriculture-related water quality programs.
(b) COMPOSITION.—The advisory committee shall be
comprised of representatives of the agriculture industry,
agricultural producers, employees of the Department of
Agriculture, research scientists from colleges and univer-
sities, and other experts in the fields of agriculture and
water quality.
(c) DUTIES.—The advisory committee shall advise
the Secretary of Agriculture on all major agriculture-re-
lated water quality issues. The advisory committee shall
initially report on—
(1) the role of the Department of Agriculture
for providing oversight and coordination related to
agricultural water quality and this Act;
(2) mechanisms to ensure sound science is uti-
lized in agricultural water quality policy;
(3) options to ensure the financial burden of
agriculture-related water quality regulations on indi-
vidual farmers and ranchers is considered; and
(4) how best to provide assistance to priority
watersheds as designated by States in the Unified
Watershed Assessments completed as a part of the
Clean Water Action Plan mandate.
(d) MEETINGS.—The advisory committee shall meet
at such times as the Secretary of Agriculture may require
in order to provide recommendations to the Secretary on
all major agriculture-related water quality issues as policy
is developed.
SEC. 5. OTHER ASPECTS OF LEADERSHIP ROLE OF DE-
PARTMENT OF AGRICULTURE.
(a) PROMOTION OF RESEARCH COOPERATION.—The
Secretary of Agriculture shall ensure cooperation between
the Department of Agriculture and other Federal agencies
in research activities regarding agriculture-related water
quality in order to coordinate the activities and avoid du-
plication.
(b) OVERSIGHT OF RESEARCH RESULTS.—The Sec-
retary of Agriculture shall ensure, to the maximum extent
possible, that the results of any agriculture-related water
quality research conducted by Federal agencies be based
on sound science and not report any erroneous data with
respect to agriculture-related water quality. The Secretary
shall ensure that sound science is available to all Federal
agencies during the promulgation or revision of rules after
the date of the enactment of this Act.
(c) PAPERWORK BURDEN.—To the maximum extent
practicable, the Secretary of Agriculture shall review ef-
forts by other Federal agencies to issue rules regarding
agriculture-related water quality and make recommenda-
tions designed to ensure that any required paperwork is
minimized and does not impede the flow of normal agricul-
tural activities.
SEC. 6. MAINTAINING PRIVACY OF PERSONAL DATA RE-
CEIVED BY DEPARTMENT OF AGRICULTURE
AND DATA GATHERING LOCATIONS.
(a) PERSONAL DATA.—Information or data provided
to the Department of Agriculture by a person for the pur-
pose of receiving technical advice or other assistance shall
remain confidential to the agency providing the advice or
assistance, including any local, State, or Federal agency
cooperating with the Department of Agriculture in pro-
viding such advice or assistance. Natural resource con-
servation plans developed by or for a landowner or oper-
ator under an education or natural resource conservation
program or authority administered by the Secretary of Ag-
riculture shall not be released by any person or agency
to any other person, organization, or agency, except for
local, State, or Federal agencies cooperating with the De-
partment of Agriculture in providing technical advice or
other assistance. This information and data are deemed
to be commercial or financial information that is privileged
or confidential.
(b) INVENTORY, MONITORING AND SITE SPECIFIC
DATA.—In order to maintain the personal privacy, con-
fidentiality, and cooperation of land-owners and operators,
and to maintain the integrity of sample sites, the geo-
graphic locations of Natural Resources Inventory of the
Department of Agriculture data gathering sites are not
public information. Natural Resources Inventory and
other inventory and monitoring site specific data are not
to be released to the public unless they have been trans-
formed into a statistical or aggregate form that does not
allow identification of the individual landowner, operator
or specific data gathering site.
(c) THIRD PARTY DATA COLLECTION.—Any data
collected by a third party on private lands as a result of
an agreement with the Department of Agriculture or using
Department funds to collect information, produce a plan,
or monitor sites is considered private and covered under
subsection (a) and (b).
SEC. 7. AGRICULTURAL WATER QUALITY PROGRAMS.
Section 208(j) of the Federal Water Pollution Control
Act (33 U.S.C. 1288) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘Soil Conservation Service’’
and inserting ‘‘Natural Resources Conservation
Service’’;
(B) by striking ‘‘Such contracts may be
entered into during the period ending not later
than September 31, 1988.’’; and
(2) by striking paragraphs (8) and (9) and in-
serting the following new paragraph:
‘‘(8) There are hereby authorized to be appropriated
to the Secretary of Agriculture such sums as may be nec-
essary to carry out this subsection for fiscal years 2000
through 2010. Such sums shall remain available until ex-
pended.’’.
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