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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Wetland Determina-
tions Efficiency and Transparency Act’’. 
SEC. 2. ADMINISTRATION OF WETLAND DETERMINATIONS. 
Section 1222(a) of the Food Security Act of 1985 
(16 U.S.C. 3822(a)) is amended— 
(1) in paragraph (1), by striking ‘‘subsection 
(b) and paragraph (6)’’ and inserting ‘‘subsection 
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(b), paragraphs (6) and (7), and paragraphs (1)(B) 
and (2) of section 1244(e)’’; and 
(2) by adding at the end the following: 
‘‘(7) ADMINISTRATION.— 
‘‘(A) TIMELY COMPLETION.— 
‘‘(i) IN
GENERAL.—The Secretary, 
acting through the Chief of the Natural 
Resources Conservation Service, shall en-
sure the completion of a wetland delinea-
tion, determination, or certification by the 
date that is 60 days after the date on 
which a person subject to this subtitle re-
quests the delineation, determination, or 
certification. 
‘‘(ii) EFFECT OF DELAY.—If a wet-
land delineation, determination, or certifi-
cation is not completed by the date de-
scribed in clause (i), upon completion of 
the wetland delineation, determination, or 
certification, the Secretary shall provide 
for a reasonable transition period for com-
ing into compliance with the wetland delin-
eation, determination, or certification, as 
necessary, and a person shall not become 
ineligible under section 1221 for program 
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loans or payments as a result of actions 
taken, between the date described in clause 
(i) and the date on which such transition 
period ends, in violation of the wetland de-
lineation, determination, or certification. 
‘‘(B) FINAL AGENCY ACTION.—A wetland 
delineation, determination, or certification made 
by the Secretary shall be considered a final 
agency action subject to judicial review, and a 
person challenging a wetland delineation, deter-
mination, or certification shall not be required 
to exhaust all administrative remedies prior to 
bringing a suit in Federal court. 
‘‘(C) DUTY TO DISCLOSE.—In the case of 
a wetland delineation, determination, or certifi-
cation for which there exists a dispute, the Sec-
retary shall make available a copy of the agency 
record, to a person involved in the dispute who 
requests such a copy, not later than 30 days 
after the date on which the person makes the 
request. 
‘‘(D) BURDEN OF PROOF.—In the case of 
a wetland delineation, determination, or certifi-
cation for which there exists a dispute, the Sec-
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retary shall bear the burden of proof by a pre-
ponderance of the evidence. 
‘‘(E) EFFECT
ON
EXISTING
PROCESS.— 
Nothing in this paragraph shall be construed to 
prohibit a person challenging a wetland delinea-
tion, determination, or certification from using 
the administrative appeal process in place be-
fore the date of enactment of this paragraph.’’. 
SEC. 3. TECHNICAL ASSISTANCE PERMITTED. 
Section 1244(e) of the Food Security Act of 1985 (16 
U.S.C. 3844(e)) is amended to read as follows: 
‘‘(e) PROVISION
OF TECHNICAL ASSISTANCE
BY 
OTHER SOURCES.— 
‘‘(1) THIRD-PARTY
TECHNICAL
ASSISTANCE 
PERMITTED.—The Secretary shall permit a person 
to secure technical assistance from an approved 
source, as determined by the Secretary, other than 
the Natural Resources Conservation Service— 
‘‘(A) in the preparation and application of 
a conservation plan under subtitle B or similar 
plan required as a condition for assistance from 
the Department of Agriculture; and 
‘‘(B) in the preparation of a wetland delin-
eation or determination to submit to the Sec-
retary under section 1222. 
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‘‘(2) REJECTION.—If the Secretary rejects a 
technical determination made by an approved source 
pursuant to paragraph (1)(A), or a wetland delinea-
tion or determination made by an approved source 
pursuant to paragraph (1)(B), the basis of the Sec-
retary’s rejection must be supported by documented 
evidence.’’. 
SEC. 4. DATE OF RETURN OF WETLAND CHARACTERISTICS. 
Section 1222(b)(1)(G) of the Food Security Act of 
1985 (16 U.S.C. 3822) is amended by striking ‘‘after that 
date’’ and inserting ‘‘after such original conversion’’. 
Æ 
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