To amend the Food Security Act of 1985 with respect to the administration of wetland determinations, and for other purposes.

United States115th CongressHR-3235House of Representatives
Updated: Aug 8, 2017

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.

Bill texts

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Introduced (House)View official text

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Timeline

  1. Introduced in House

  2. Referred to the House Committee on Agriculture.

    House of Representatives

  3. Referred to the Subcommittee on Conservation and Forestry.

    House of Representatives

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