Title: Wetland Determinations Efficiency and Transparency Act
Policy area: Agriculture and Food

Summary:
Wetland Determinations Efficiency and Transparency Act
This bill amends the Food Security Act of 1985 to revise the process that the Natural Resources Conservation Service (NRCS) uses to make a wetland determination, delineation, or certification.
The NRCS must make a determination, delineation, or certification within 60 days. If the NRCS misses the deadline, it must provide a reasonable transition period for a person to come into compliance with the decision without losing eligibility for certain payments and loans.
A decision is subject to judicial review, and a person is not required to exhaust all administrative remedies prior to bringing a suit in federal court. In the case of a dispute, the NRCS must bear the burden of proof by a preponderance of the evidence and provide a copy of the agency record upon request.
The Department of Agriculture (USDA) must permit a person to secure technical assistance from an approved source, other than the NRCS, for the preparation of: (1) a conservation plan or similar plan required as a condition for USDA assistance, and (2) a wetland delineation or determination.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3235 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 3235

      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

                             July 13, 2017

 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wetland Determinations 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 (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 ensure the 
                        completion of a wetland delineation, 
                        determination, or certification by the date 
                        that is 60 days after the date on which a 
                        person subject to this subtitle requests the 
                        delineation, determination, or certification.
                            ``(ii) Effect of delay.--If a wetland 
                        delineation, determination, or certification is 
                        not completed by the date described in clause 
                        (i), upon completion of the wetland 
                        delineation, determination, or certification, 
                        the Secretary shall provide for a reasonable 
                        transition period for coming into compliance 
                        with the wetland delineation, determination, or 
                        certification, as necessary, and a person shall 
                        not become ineligible under section 1221 for 
                        program 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 delineation, 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, determination, 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 certification for which 
                there exists a dispute, the Secretary 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 certification for which 
                there exists a dispute, the Secretary shall bear the 
                burden of proof by a preponderance of the evidence.
                    ``(E) Effect on existing process.--Nothing in this 
                paragraph shall be construed to prohibit a person 
                challenging a wetland delineation, determination, or 
                certification from using the administrative appeal 
                process in place before 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 delineation 
                or determination to submit to the Secretary under 
                section 1222.
            ``(2) Rejection.--If the Secretary rejects a technical 
        determination made by an approved source pursuant to paragraph 
        (1)(A), or a wetland delineation or determination made by an 
        approved source pursuant to paragraph (1)(B), the basis of the 
        Secretary'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''.
                                 <all>