I 
116TH CONGRESS 
2D SESSION 
H. R. 5799 
To amend the Federal Water Pollution Control Act with respect to normal 
farming activities and to require the Corps of Engineers and the Environ-
mental Protection Agency to apply certain decisions of the Secretary 
of Agriculture when enforcing such Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 7, 2020 
Mr. THOMPSON of Pennsylvania (for himself and Mr. PETERSON) introduced 
the following bill; which was referred to the Committee on Transportation 
and Infrastructure 
A BILL 
To amend the Federal Water Pollution Control Act with 
respect to normal farming activities and to require the 
Corps of Engineers and the Environmental Protection 
Agency to apply certain decisions of the Secretary of 
Agriculture when enforcing such Act, and for other pur-
poses. 
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 ‘‘Bridging Responsible 
Agricultural Conservation Efforts Act’’. 
VerDate Sep 11 2014 
04:02 Feb 11, 2020
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5799.IH
H5799
kjohnson on DSK79L0C42PROD with BILLS
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) CHIEF OF ENGINEERS.—The term ‘‘Chief of 
Engineers’’ means the Secretary of the Army, acting 
through the Chief of Engineers. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
SEC. 3. NORMAL FARMING ACTIVITIES. 
(a) IN GENERAL.—Section 404(f)(1)(A) of the Fed-
eral 
Water 
Pollution 
Control 
Act 
(33 
U.S.C. 
1344(f)(1)(A)) is amended by striking ‘‘or upland soil and 
water conservation practices’’ and inserting ‘‘upland soil 
and water conservation practices (including changing con-
servation systems), crop changes for soil management (in-
cluding the use of haying and pasturing for the purpose 
of harvest or grazing), or activities and practices employed 
for purposes of expanding production in an operation’’. 
(b) DEADLINE.—Not later than 12 months after the 
date of enactment of this Act, the Administrator and the 
Chief of Engineers, jointly with the Secretary, shall issue 
a rule to revise the regulations implementing section 404 
of the Federal Water Pollution Control Act to reflect the 
amendment made by subsection (a). The rule shall also 
VerDate Sep 11 2014 
04:02 Feb 11, 2020
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5799.IH
H5799
kjohnson on DSK79L0C42PROD with BILLS
include activities and practices employed for purposes of 
expanding production in an operation, changing crops pro-
duced in an operation, and changing conservation systems 
in an operation. 
SEC. 4. APPLICATION OF FOOD SECURITY ACT OF 1985 TO 
FEDERAL WATER POLLUTION CONTROL ACT 
ENFORCEMENT. 
(a) SECRETARY OF AGRICULTURE DECISIONS.— 
(1) PRIOR CONVERTED CROPLAND.— 
(A) EFFECT
OF
DETERMINATION.—For 
purposes of section 404 of the Federal Water 
Pollution Control Act, the Chief of Engineers 
and the Administrator shall consider land to be 
prior converted cropland if the land has, at any 
time, been determined by the Secretary to be 
prior-converted cropland or commenced-conver-
sion wetland under the Food Security Act of 
1985. 
(B) NO ABANDONMENT.—In carrying out 
subparagraph (A), the Chief of Engineers and 
the Administrator may not consider any deter-
mination by the Secretary under the Food Se-
curity Act of 1985 that land previously deter-
mined to be prior-converted cropland or com-
VerDate Sep 11 2014 
04:02 Feb 11, 2020
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5799.IH
H5799
kjohnson on DSK79L0C42PROD with BILLS
menced-conversion wetland has reverted to wet-
land due to abandonment. 
(2) WETLANDS.—For any land with respect to 
which the Secretary has made a wetland delineation, 
determination, or certification under section 1222 of 
the Food Security Act of 1985, the Chief of Engi-
neers and the Administrator shall apply such delin-
eation, determination, or certification when carrying 
out section 404 of the Federal Water Pollution Con-
trol Act. 
(b) WATERS OF THE UNITED STATES.—For pur-
poses of the Federal Water Pollution Control Act, prior 
converted croplands under subsection (a)(1), and any par-
cel of land that is contiguous to, and owned by the same 
owner as, such prior converted croplands, are not waters 
of the United States. 
(c) RELIANCE.—The first sentence of section 
1222(a)(6) of the Food Security Act of 1985 shall apply 
to enforcement actions under section 404 of the Federal 
Water Pollution Control Act. 
(d) JUDICIAL
REVIEW.—Notwithstanding section 
706 of title 5, United States Code, a court reviewing any 
agency action of the Secretary, the Chief of Engineers, 
or the Administrator that is affected by this section shall 
decide de novo all relevant questions of law, including the 
VerDate Sep 11 2014 
04:02 Feb 11, 2020
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5799.IH
H5799
kjohnson on DSK79L0C42PROD with BILLS
interpretation of constitutional and statutory provisions, 
and rules made. If the reviewing court determines that a 
statutory or regulatory provision relevant to its decision 
contains a gap or ambiguity, the court shall not interpret 
that gap or ambiguity as an implicit delegation of legisla-
tive rule making authority and shall not rely on such gap 
or ambiguity as a justification either for interpreting agen-
cy authority expansively or for deferring to any interpreta-
tion of the Secretary, the Chief of Engineers, or the Ad-
ministrator on the question of law. Notwithstanding any 
other provision of law, this subsection shall apply in any 
action for judicial review of such an agency action author-
ized under any provision of law. No law may exempt any 
civil action for review of such an agency action from the 
application of this subsection except by specific reference 
to this subsection. 
Æ 
VerDate Sep 11 2014 
04:02 Feb 11, 2020
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H5799.IH
H5799
kjohnson on DSK79L0C42PROD with BILLS