I 
118TH CONGRESS 
1ST SESSION H. R. 4956 
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 HOUSE OF REPRESENTATIVES 
JULY 27, 2023 
Mr. YAKYM (for himself and Mr. MANN) introduced the following bill; which 
was referred to the Committee on Agriculture, and in addition to the 
Committee on Transportation and Infrastructure, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
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 Representa-
tives 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: 
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(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 con-
sultation 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 con-
sultation with the ranking member of 
the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate. 
(C) HOUSE
OF
REPRESENTATIVES-NOMI-
NATED 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 Rep-
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resentatives, in consultation with the 
chairperson of the Committee on Agri-
culture of the House of Representa-
tives; and 
(II) 4 shall be nominated by the 
minority leader of the House of Rep-
resentatives, in consultation with the 
ranking member of the Committee on 
Agriculture of the House of Rep-
resentatives. 
(2) DATE.—Initial appointments to the advi-
sory 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 advi-
sory committee shall be appointed for the life of 
the advisory committee. 
(B) VACANCIES.—Any vacancy in the advi-
sory committee— 
(i) shall not affect the powers or du-
ties of the advisory committee; and 
(ii) shall be filled in the same manner 
as the original appointment. 
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(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 com-
mittee 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
RE-
QUIRED.— 
(A) IN GENERAL.—The advisory committee 
shall conduct a thorough study and develop rec-
ommendations 
to 
address 
the 
impact 
of 
WOTUS regulations on United States agri-
culture. 
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(B) MATTERS
STUDIED.—The advisory 
committee shall study and develop recommenda-
tions to address— 
(i) the impact of the prior-converted 
farmland exemption on agricultural oper-
ations; 
(ii) common agricultural practices 
that are not exempted from WOTUS regu-
lations under the activity-based permitting 
exemptions of the Environmental Protec-
tion 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 regula-
tions 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 com-
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mon, voluntary conservation practices on 
their farms. 
(2) REPORT.—Not later than 1 year after the 
date on which all members of the advisory com-
mittee 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, Nu-
trition, 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 Rep-
resentatives; 
(vi) the Chair of the Council on Envi-
ronmental Quality; 
(vii) the Director of the Office of 
Management and Budget; 
(viii) the Director of the White House 
Domestic Policy Council; 
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(ix) the White House Chief of Staff; 
(x) the Administrator of the Environ-
mental Protection Agency; and 
(xi) the Assistant Secretary of the 
Army for Civil Works; 
(B) publish in the Federal Register the re-
port under subparagraph (A); and 
(C) present the findings and recommenda-
tions of the advisory committee in a meeting 
to— 
(i) the Administrator of the Environ-
mental 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 evi-
dence 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 depart-
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ment or agency such information as the advi-
sory committee considers necessary to carry out 
this section. 
(B) FURNISHING
INFORMATION.—On re-
quest of the chairperson of the advisory com-
mittee, the head of a department or agency 
shall furnish any requested information to the 
advisory committee. 
(3) POSTAL
SERVICES.—The advisory com-
mittee may use the United States mails in the same 
manner and under the same conditions as other de-
partments and agencies of the Federal Government. 
(4) GIFTS.—The advisory committee may ac-
cept, use, and dispose of gifts or donations of serv-
ices or property. 
(5) PROCUREMENT OF TEMPORARY AND INTER-
MITTENT SERVICES.—The chairperson of the advi-
sory committee may procure temporary and inter-
mittent 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.— 
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(1) FEDERAL MEMBERS.—A member of the ad-
visory 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 ad-
visory committee shall be allowed travel expenses, in-
cluding per diem in lieu of subsistence, at rates au-
thorized 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 com-
mittee. 
(h) SUNSET.—The advisory committee shall termi-
nate 90 days after the date on which the advisory com-
mittee completes the reporting requirements under sub-
section (e)(2). 
(i) FUNDING.— 
(1) UNOBLIGATED
FUNDING
AVAILABLE.—Of 
the unobligated amounts appropriated by the Amer-
ican 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. 
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(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. 
Æ 
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