S. 1495: NRCS Wetland Compliance and Appeals Reform Act

The NRCS Wetland Compliance and Appeals Reform Act aims to make several changes to how the Natural Resources Conservation Service (NRCS) handles wetland determination and appeal processes. Below are the main provisions of the bill:

1. Removal of Woody Vegetation

The bill specifies that the removal of woody vegetation, including stumps, will not be classified as an action that aids agricultural production. This means farmers can remove trees and shrubs without having their actions linked to wetland conversion penalties.

2. Prohibition on Retroactive Penalties

The legislation states that individuals cannot be penalized for producing agricultural commodities on land not previously designated as wetland by the Secretary of Agriculture. This protects farmers from unexpected penalties regarding land use.

3. Burden of Proof

Under the new provisions, the Secretary must provide clear and convincing evidence of any violation related to wetland determinations. This shifts the burden of proof to the Secretary, especially in cases where evidence is insufficient.

4. Prohibition on New Rationales for Wetland Determinations

If a wetland determination has been successfully appealed, the Secretary cannot later determine that the area is a wetland using new reasoning that was not used in the initial determination.

5. Appeal Process for Wetland Certification Requests

A new appeal process will be developed for requests regarding wetland certification that are denied by state NRCS offices. This includes allowing individuals to request on-site visits to assess their situations.

6. Preliminary Wetland Determinations

The Secretary cannot rely solely on one site visit to confirm that specific hydrologic criteria for declaring land a wetland have been met. Multiple assessments may be required.

7. Customer Satisfaction Surveys

The bill introduces a mechanism for customer satisfaction surveys for individuals interacting with the NRCS. This aims to enhance services and identify areas needing improvement.

8. State Oversight Committees

The bill mandates the formation of oversight committees in each state to review appeals related to wetland determinations. These committees will consist of local farmers and will have set terms and specific duties regarding the review of appeals and wetland certifications.

9. Reforms to Appeals Processes

Key reforms are planned to improve how appeals are handled, including requiring retraining for judges and agency heads, allowing access to case records, and enabling witnesses to participate in appeals. There is also a provision for compensating individuals for legal fees if their appeal is successful.

10. Prohibition of Permanent Easements

The bill prohibits the acquisition of permanent easements by the Secretary of Agriculture through the NRCS, which could affect long-term land use decisions.

11. Regulations and Amendments

Finally, the bill outlines how rules and regulations related to wetland determinations and procedures must be structured, ensuring they comply with existing law.

Relevant Companies

• ADM (Archer Daniels Midland Company): This agriculture company may face changes in how wetland regulations affect their land use and operational processes in relation to any agricultural production practices.
• CAT (Caterpillar Inc.): This company provides machinery that may be used in land development; changes in wetland compliance could affect demand for their equipment.
• BG (Bunge Limited): As a grain trader, this company might experience effects on the availability and pricing of agricultural commodities based on land use regulations.
• DVN (Devon Energy Corporation): The oil and gas company could see permitting and regulatory challenges if wetland designations change in areas where they operate.