I
104TH CONGRESS
1ST SESSION
H. R. 1949
To amend the conservation title of the Food Security Act of 1985 to give
the Secretary of Agriculture jurisdiction over all wetland determinations
involving agricultural lands, to provide for consultation between the Sec-
retary of Agriculture and other Federal agencies involved in wetland
conservation, and to improve the operation of the wetland conservation
program of the Department of Agriculture.
IN THE HOUSE OF REPRESENTATIVES
JUNE 28, 1995
Mr. MINGE introduced the following bill; which was referred to the Committee
on Agriculture, and in addition to the Committees on Transportation and
Infrastructure, and Resources, 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 amend the conservation title of the Food Security Act
of 1985 to give the Secretary of Agriculture jurisdiction
over all wetland determinations involving agricultural
lands, to provide for consultation between the Secretary
of Agriculture and other Federal agencies involved in
wetland conservation, and to improve the operation of
the wetland conservation program of the Department
of Agriculture.
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 Wetlands Administration Act of 1995’’.
(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 purposes.
Sec. 3. Department of Agriculture jurisdiction over wetland determinations re-
garding agricultural lands.
Sec. 4. Additional exemptions to farm program ineligibility under wetland con-
servation program.
Sec. 5. Mitigation, mitigation bank program, and related issues.
Sec. 6. Contract authority for administration of wetland conservation program.
Sec. 7. Definitions of agricultural land and farmed wetland.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds the following:
(1) In addition to a range of State and local
laws that govern the use of lands for agricultural
purposes, subtitle C of title XII of the Food Security
Act (16 U.S.C. 3821–3824) and section 404 of the
Federal Water Pollution Control Act (33 U.S.C.
1344) contain Federal requirements regulating the
use of agricultural lands that contain or affect wet-
lands.
(2) A number of Federal, State, and local agen-
cies attempt to restrict the use of agricultural lands
containing wetlands. At the Federal level, these in-
clude the Consolidated Farm Service Agency and
Natural Resources Conservation Service of the De-
partment of Agriculture, the Fish and Wildlife Serv-
ice of the Department of the Interior, the Army
Corps of Engineers, and the Environmental Protec-
tion Agency.
(3) The overlapping legislation, agencies, and
levels of government regulation handicap the produc-
tive use of agricultural lands and cause needless con-
fusion, delay, and expenses for agricultural produc-
ers.
(4) Legislation that has resulted in the unrea-
sonable classification of productive agricultural lands
as possible wetlands, and the inequitable administra-
tion of programs conducted under such legislation,
adversely affect the value of agricultural lands.
(5) Agricultural producers desire to manage
their lands in a manner that prevents soil erosion,
avoids degradation of surface and subsurface water,
and provides wildlife habitat. However, the American
agricultural economy is highly competitive and mar-
ginally profitable, and agricultural producers cannot
reasonably be expected to absorb the cost of govern-
mental requirements and procedures without com-
pensation.
(b) PURPOSES.—The purposes of this Act are—
(1) to simplify decisionmaking regarding the
productive agricultural use of agricultural lands con-
taining wetlands;
(2) to consolidate in a single agency all Federal
responsibility regarding agricultural lands containing
wetlands;
(3) to relieve agricultural producers from the
regulatory burden imposed on those agricultural
lands that should not be classified as wetlands; and
(4) to provide additional opportunities for agri-
cultural producers to mitigate the effects of convert-
ing a wetland for agricultural purposes.
SEC. 3. DEPARTMENT OF AGRICULTURE JURISDICTION
OVER WETLAND DETERMINATIONS REGARD-
ING AGRICULTURAL LANDS.
(a) ELIMINATION OF REQUIRED CONCURRENCE BY
FISH AND WILDLIFE SERVICE.—Section 1222(j) of the
Food Security Act of 1985 (16 U.S.C. 3822(j)) is amend-
ed—
(1) in paragraph (1), by striking ‘‘through the
agreement’’ and all that follows through the period
at the end of the paragraph and inserting ‘‘by the
local representative of the Natural Resources Con-
servation Service of the Department of Agriculture,
under the supervision of the relevant State Con-
servationist.’’;
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as para-
graph (2).
(b) JURISDICTION OVER WETLAND CONSERVATION
EASEMENTS
ON FMHA INVENTORY LANDS.—Section
335(g)(1) of the Consolidated Farm and Rural Develop-
ment Act (7 U.S.C. 1985(g)(1)) is amended by adding at
the end the following new sentence: ‘‘The Secretary shall
carry out this subsection through the Natural Resources
Conservation Service of the Department of Agriculture.’’.
(c) EXPANSION OF CONSULTATION.—Section 1223 of
the Food Security Act of 1985 (16 U.S.C. 3823) is
amended—
(1) by striking ‘‘shall consult’’ and inserting
‘‘may consult’’;
(2) by inserting ‘‘, the Administrator of the En-
vironmental Protection Agency, and the Chief of the
Army Corps of Engineers’’ after ‘‘Secretary of the
Interior’’; and
(3) by striking ‘‘as are necessary’’ and inserting
‘‘as the Secretary of Agriculture considers appro-
priate’’.
(d) ANNUAL COMMENTS
AND RECOMMENDATIONS
REGARDING WETLAND CONSERVATION PROGRAM.—Sec-
tion 1223 of the Food Security Act of 1985 (16 U.S.C.
3823), as amended by subsection (c), is further amend-
ed—
(1) by striking the section heading and ‘‘SEC.
1223.’’ and inserting the following:
‘‘SEC. 
1223. 
CONSULTATION 
WITH 
OTHER 
FEDERAL
AGENCIES.
‘‘(a) CONSULTATION AUTHORITY.—’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) ANNUAL COMMENTS AND RECOMMENDATIONS
REGARDING PROGRAM.—The Secretary of the Interior,
the Administrator of the Environmental Protection Agen-
cy, and the Chief of the Army Corps of Engineers shall
individually submit to the Secretary of Agriculture each
year comments and recommendations regarding the gen-
eral administration of this subtitle. Within 120 days after
receiving the comments and recommendations submitted
under this subsection, the Secretary of Agriculture shall
submit a report to Congress describing the comments and
recommendations received and containing the comments
of the Secretary thereto.’’.
(e) ELIMINATION OF DUPLICATIVE REGULATION BY
ARMY CORPS OF ENGINEERS AND EPA.—Section 1222
of the Food Security Act of 1985 (16 U.S.C. 3822) is
amended by adding at the end the following new sub-
section:
‘‘(k) EXCLUSION OF AGRICULTURAL LANDS FROM
SCOPE OF CLEAN WATER ACT.—Agricultural lands sub-
ject to this subtitle shall be exempt from the permit proc-
ess under section 404 of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1344) and shall not be considered ‘wa-
ters of the United States’ or ‘navigable waters’ for pur-
poses of such Act.’’.
SEC. 4. ADDITIONAL EXEMPTIONS TO FARM PROGRAM IN-
ELIGIBILITY UNDER WETLAND CONSERVA-
TION PROGRAM.
(a) PRODUCTION AND CONVERSION EXEMPTION FOR
CERTAIN SMALL TRACTS.—Subsection (b)(1) of section
1222 of the Food Security Act of 1985 (16 U.S.C. 3822)
is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(C);
(2) by striking ‘‘or’’ at the end of subparagraph
(D); and
(3) by adding at the end the following new sub-
paragraph:
(C) by striking the period at the end and
inserting ‘‘; or’’; and
(3) by adding at the end the following new
paragraph:
‘‘(4) the conversion of such wetland is com-
pensated for through a contribution to a mitigation
bank program.’’.
(b) MITIGATION BANKS.—Such section is further
amended by inserting after subsection (k), as added by
section 3(e), the following new subsection:
‘‘(l) MITIGATION BANKS.—Not later than 6 months
after the date of the enactment of this subsection, and
after providing notice and opportunity for public review
and comment, the Secretary shall issue regulations for the
establishment, use, maintenance, and oversight of mitiga-
tion banks. The Secretary may develop these regulations
in consultation with other appropriate Federal agencies.’’.
(c) 
GOOD
FAITH
EXEMPTION.—Subsection
(h)(1)(B)(i) of such section is amended by striking ‘‘10-
year’’ and inserting ‘‘5-year’’.
(d) RESTORATION.—Subsection (i) of such section is
amended by inserting after ‘‘its prior wetland state’’ the
following: ‘‘or entered into an approved mitigation plan
relating to such converted wetland’’.