Forestry and Horticulture Subcommittee, Agriculture Committee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
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.
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Timeline
Introduced in House
Referred to the House Committee on Agriculture.
Referred to the Subcommittee on Conservation and Forestry.
Introduced in House
Referred to the House Committee on Agriculture.
Referred to the Subcommittee on Conservation and Forestry.
Agriculture and Food
Administrative remediesAgricultural conservation and pollutionAgricultural prices, subsidies, creditDepartment of AgricultureFarmlandWetlands
To amend the Food Security Act of 1985 with respect to the administration of wetland determinations, and for other purposes.
USA115th CongressHR-3235| House
| Updated: 8/8/2017
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.