‘‘(E) a tract of land less than 2 acres in
size, whether or not the land has a predomi-
nance of hydric soil or hydropathic vegetation,
if the land lies primarily within a field used for
production of an agricultural commodity and is
sufficiently free of water during 6 out of the
previous 10 crop years to permit the production
of an agricultural commodity;’’.
(b) PRODUCTION AND CONVERSION EXEMPTION FOR
CERTAIN
WETLANDS
LOCATED
ON
AGRICULTURAL
LANDS.—Such subsection is further amended by inserting
after subparagraph (E) (as added by subsection (a)) the
following new subparagraphs:
‘‘(F) a wetland that—
‘‘(i) is located on agricultural land;
‘‘(ii) is a shallow, freshwater, season-
ally flooded basin or flat, including an up-
land depression or overflow bottom land;
‘‘(iii) consists of soils that are covered
with water or are waterlogged during vari-
able seasonal periods but are well drained
during much of the growing season; and
‘‘(iv) has emergent and persistent
vegetation, which is characterized by erect,
rooted, herbaceous hydrophytes, excluding
mosses and lichens, and normally remains
standing at least until the beginning of the
next growing season;
‘‘(G) a wetland that—
‘‘(i) is located on agricultural land but
has not been used in the production of an
agricultural commodity in 6 out of the pre-
vious 10 crop years;
‘‘(ii) is less than 2 acres in size;
‘‘(iii) is a shallow, freshwater, inland
fresh meadow;
‘‘(iv) consists of soils that are usually
without standing water during most of the
growing season but are waterlogged within
inches of the surface; and
‘‘(v) has emergent and persistent
vegetation, which is characterized by erect,
rooted, herbaceous hydrophytes, excluding
mosses and lichens, and normally remains
standing at least until the beginning of the
next growing season; or
‘‘(H) a wetland that—
‘‘(i) is located on land which has met
the definition of agricultural land in 6 out
of the previous 10 crop years;
‘‘(ii) is a shallow, freshwater, inland
fresh meadow;
‘‘(iii) consists of soils that are usually
without standing water during most of the
growing season but are waterlogged within
inches of the surface; and
‘‘(iv) has emergent and persistent
vegetation, which is characterized by erect,
rooted, herbaceous hydrophytes, excluding
mosses and lichens, and normally remains
standing at least until the beginning of the
next growing season;’’.
(c) MINOR CLEARING OF TREES OR BRUSH.—Sub-
section (b) of such section is amended by adding at the
end the following new paragraph:
‘‘(3) as a result of incidental clearing or grub-
bing of trees or brush on or near a wetland if mini-
mal alteration of wetland hydrology occurs.’’.
(d) CLARIFICATION OF PRIOR CONVERTED EXEMP-
TION.—
(1) CLARIFICATION.—Subsection (d) of such
section is amended to read as follows:
‘‘(d) PRIOR CONVERTED WETLANDS.—
‘‘(1) TYPES
OF
PRIOR
CONVERTED
WET-
LANDS.—The exemption for prior converted wetland
provided in subsection (b)(1)(A) includes lands that
have hydrologic alterations caused by subsurface
drainage tile, surface drainage ditches, levees, diver-
sions, or similar structures constructed or com-
menced before December 23, 1985, if agricultural
commodities were produced on the lands before De-
cember 23, 1985.
‘‘(2) ABANDONMENT.—Prior converted wetland
exempted under subsection (b)(1)(A) shall not be
considered to be abandoned for purposes of removing
the exemption unless the exempted land is not used
for agricultural purposes for 10 consecutive years
and once again satisfies the definition of wetland.’’.
(2) RELOCATION
OF
FORMER
SUBSECTION.—
Section 1221 of the Food Security Act of 1985 (16
U.S.C. 3821) is amended by adding at the end the
following new subsection:
‘‘(c) PRIOR LOANS.—This section shall not apply to
a loan described in this section made before December 23,
1985.’’.
SEC. 5. MITIGATION, MITIGATION BANK PROGRAM, AND
RELATED ISSUES.
(a) MITIGATION.—Subsection (f) of section 1222 of
the Food Security Act of 1985 (16 U.S.C. 3822) is
amended—
(1) in paragraph (2)—
(A) in the matter before the subpara-
graphs, by inserting ‘‘farmed wetland or’’ be-
fore ‘‘converted wetland’’; and
(B) by striking subparagraphs (E) and (F)
and inserting the following new subparagraphs:
‘‘(E) performed in the same general area
of the local watershed as the converted wetland
or land being converted or within 10 miles of
such lands; and
‘‘(F) with respect to such restored wetland,
made subject to a contract that—
‘‘(i) is for a term of 10 years or for
as long as the converted wetland is not re-
turned to its original wetland classification
with equivalent functions and values,
whichever occurs first; and
‘‘(ii) prohibits making alterations to
such restored wetland that lower the re-
stored wetland’s functions and values;’’;
(2) in paragraph (3)—
(A) by inserting ‘‘is a farmed wetland or’’
after ‘‘such wetland’’;
(B) by inserting ‘‘farmed wetland or’’ be-
fore ‘‘converted wetland’’; and
SEC. 6. CONTRACT AUTHORITY FOR ADMINISTRATION OF
WETLAND CONSERVATION PROGRAM.
Section 1222(j) of the Food Security Act of 1985 (16
U.S.C. 3822(j)), as amended by section 3(a), is further
amended by adding at the end the following new para-
graphs:
‘‘(3) CONTRACT
AUTHORITY
FOR
PERFORM-
ANCE OF DUTIES.—
‘‘(A) IN
GENERAL.—The Secretary may
enter into contracts, agreements, and similar
arrangements with other Federal agencies,
agencies of State and local governments, and
private entities to perform any or all respon-
sibilities of the Secretary in delineating, regu-
lating, supervising, issuing permits or otherwise
dealing with wetlands and drainage activities on
agricultural lands. The Secretary shall be re-
sponsible for costs incurred by the other parties
to carry out such contracts, agreements, and
similar arrangements. The Secretary shall mon-
itor the performance of the other parties to
such contracts, agreements, and similar ar-
rangements to ensure that such parties satisfac-
torily perform the determinations and actions
required by this subtitle. The Secretary may
terminate such a contract, agreement, or simi-
lar arrangement consistent with the terms of
the contract, agreement, or arrangement. In
contracting for such services, the Secretary
shall endeavor to simplify the regulatory proc-
ess. In order to achieve simplification of the
regulatory process, the Secretary shall eliminate
inconsequential differences identified by the
Secretary between the requirements of Federal
law administered by the Secretary and State
and local laws regarding wetlands.
‘‘(B) JOINT ARRANGEMENTS.—In addition
to, or as an alternative to, a contract under
subparagraph (A), the Secretary may enter into
a joint power agreement with other Federal
agencies, agencies of State and local govern-
ments, and private entities to create a special
entity to perform the functions described in
such subparagraph on behalf of all such inter-
ested governmental entities. The Secretary shall
pay to such joint power entity the amount
which the entity reasonably incurs to perform
those functions that are otherwise the respon-
sibility of the Secretary.
‘‘(C) WAIVER
AUTHORITY.—To facilitate
the making of technical determinations and the
development of restoration and mitigation plans
by the Natural Resources Conservation Service,
the Secretary may waive requirements of this
subtitle and section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344) and of
regulations adopted pursuant thereto if the Sec-
retary finds, in the discretion of the Secretary,
that such a waiver would not compromise the
essential purposes of such laws but would con-
tribute to effective, simplified administration
within the purposes of this subtitle.
‘‘(4) STANDARDS FOR ALTERNATION OF DELIN-
EATIONS.—Once a delineation is made it shall not be
changed unless—
‘‘(A) the landowner requests a change, and
either—
‘‘(i) the definition has been changed
and such change is relevant to the land in
question; or
‘‘(ii) the existing delineation is not
being contested within the agency;
‘‘(B) significant events warrant a change,
such as landscape changes caused by a major
flood, or abandonment by the landowner of
prior converted wetlands;
‘‘(C) a delineation has been made which is
erroneous beyond a reasonable doubt, provided
such an erroneous delineation shall not be
changed if the landowner has relied thereon and
the change would be to the significant economic
detriment of the landowner; or
‘‘(D) a change has been made in the legal
standard.’’.
SEC. 
7. 
DEFINITIONS 
OF 
AGRICULTURAL 
LAND 
AND
FARMED WETLAND.
Section 1222 of the Food Security Act of 1985 (16
U.S.C. 3822) is amended by inserting after paragraph (1),
as added by section 5(b), the following new subsection:
‘‘(m) DEFINITIONS.—For purposes of this section:
‘‘(1) AGRICULTURAL LAND.—The term ‘agricul-
tural land’ means—
‘‘(A) land that is intensively used for the
production of an agricultural commodity;
‘‘(B) land that is managed for the produc-
tion of an agricultural commodity;
‘‘(C) land that is used for other agricul-
tural use, including use as cropland, orchard,
vineyard, or nursery, unused land ancillary
thereto, and pasture land which produced a
crop for sale in 6 out of the previous 10 crop
years (excluding pasture land solely used for
grazing of livestock); or
‘‘(D) a drainage ditch and other similar
structures that—
‘‘(i) are in existence on the date of the
enactment of the Agricultural Wetlands
Administrative Act of 1995;
‘‘(ii) primarily serve lands described in
subparagraph (A); and
‘‘(iii) have a watershed of 2 square
miles or less.
‘‘(2) FARMED
WETLAND.—The term ‘farmed
wetland’ means a wetland which has been used for
production of an agricultural commodity and is suf-
ficiently free of water during 6 out of the previous
10 crop years to permit the production of an agricul-
tural commodity.’’.
Æ
HR 1949 IH——2