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NRCS Wetland Compliance and Appeals Reform Act

USA119th CongressS-1495| Senate 
| Updated: 4/10/2025
Mike Rounds

Mike Rounds

Republican Senator

South Dakota

Cosponsors (2)
Kevin Cramer (Republican)John Hoeven (Republican)

Agriculture, Nutrition, and Forestry Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
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.
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Timeline

Bill from Previous Congress

S 116-4704
NRCS Wetland Compliance and Appeals Reform Act

Bill from Previous Congress

S 117-4931
NRCS Wetland Compliance and Appeals Reform Act

Bill from Previous Congress

S 118-1078
NRCS Wetland Compliance and Appeals Reform Act
Apr 10, 2025
Introduced in Senate
Apr 10, 2025
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
  • Bill from Previous Congress

    S 116-4704
    NRCS Wetland Compliance and Appeals Reform Act


  • Bill from Previous Congress

    S 117-4931
    NRCS Wetland Compliance and Appeals Reform Act


  • Bill from Previous Congress

    S 118-1078
    NRCS Wetland Compliance and Appeals Reform Act


  • April 10, 2025
    Introduced in Senate


  • April 10, 2025
    Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

Agriculture and Food

NRCS Wetland Compliance and Appeals Reform Act

USA119th CongressS-1495| Senate 
| Updated: 4/10/2025
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.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

S 116-4704
NRCS Wetland Compliance and Appeals Reform Act

Bill from Previous Congress

S 117-4931
NRCS Wetland Compliance and Appeals Reform Act

Bill from Previous Congress

S 118-1078
NRCS Wetland Compliance and Appeals Reform Act
Apr 10, 2025
Introduced in Senate
Apr 10, 2025
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
  • Bill from Previous Congress

    S 116-4704
    NRCS Wetland Compliance and Appeals Reform Act


  • Bill from Previous Congress

    S 117-4931
    NRCS Wetland Compliance and Appeals Reform Act


  • Bill from Previous Congress

    S 118-1078
    NRCS Wetland Compliance and Appeals Reform Act


  • April 10, 2025
    Introduced in Senate


  • April 10, 2025
    Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
Mike Rounds

Mike Rounds

Republican Senator

South Dakota

Cosponsors (2)
Kevin Cramer (Republican)John Hoeven (Republican)

Agriculture, Nutrition, and Forestry Committee

Agriculture and Food

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted