[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5605 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. R. 5605
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
June 28, 2016
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''.
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