NRCS Wetland Compliance and Appeals Reform Act

The "NRCS Wetland Compliance and Appeals Reform Act" introduces significant changes to the Natural Resources Conservation Service's (NRCS) wetland compliance and appeals procedures. It clarifies that the removal of woody vegetation, including stumps, is not considered an activity for agricultural commodity production under wetland compliance rules. Furthermore, the bill prohibits the imposition of retroactive penalties for wetland violations if the wetland was not officially delineated and certified by the Secretary at the time of the alleged production or conversion. A key provision shifts the burden of proof to the Secretary, requiring clear and convincing evidence to establish a violation and to refute a person's evidence. The legislation also strengthens appeal rights by preventing the Secretary from using new rationales for wetland determinations previously refuted on appeal and by establishing an appeal process for unaccepted wetland certification review requests, including the right to an on-site visit. It also mandates that preliminary wetland determinations cannot rely solely on a single on-site visit for hydrologic criteria. To enhance transparency and fairness, the bill requires retraining for National Appeals Division judges and agency heads, mandates the provision of the entire record to individuals accused of violations, and allows landowners to call NRCS technical staff as witnesses. It also stipulates that a person's evidence must be accepted as reliable unless substantial evidence proves otherwise, and provides for compensation of legal fees for successful appellants. Additionally, the bill establishes an independent customer satisfaction survey for NRCS interactions and creates State Oversight Committees, composed of farmers and ranchers, to review wetland determination appeals and offer recommendations. Finally, it requires certain wetland compliance regulations to follow formal rulemaking procedures and prohibits the Chief of the NRCS from acquiring any permanent easements.