NRCS Wetland Compliance and Appeals Reform Act
NRCS Wetland Compliance and Appeals Reform Act
Plain Language Summary
# Summary: NRCS Wetland Compliance and Appeals Reform Act (S 1495) **What It Does:** This bill would reform how the Natural Resources Conservation Service (NRCS), a USDA agency, handles wetland regulations and appeals. Key changes include: prohibiting NRCS from acquiring permanent easements on wetlands; preventing the government from penalizing people retroactively for newly identified wetlands; strengthening the appeals process for landowners who dispute wetland designations; and requiring the government to prove violations with "clear and convincing evidence" rather than a lower standard. The bill also establishes state oversight committees to review wetland determination appeals. **Who It Affects:** Primarily agricultural landowners and farmers who work with NRCS on conservation programs.
The bill could affect environmental protections since wetlands provide important ecological benefits. It may also impact USDA operations and enforcement capabilities. **Current Status:** The bill is currently in committee and has not yet been voted on by the full Senate. As with many bills, it may face debate over whether these changes adequately protect wetlands or appropriately protect property owners from government overreach.
CRS Official Summary
NRCS Wetland Compliance and Appeals Reform Act This bill revises provisions related to compliance and the appeals process for the wetland certification program at the Natural Resources Conservation Service (NRCS).Among other things, this billprohibits the NRCS from acquiring any permanent easement;prohibits the Department of Agriculture (USDA) from imposing penalties retroactively for newly determined wetlands;revises the appeals process of the NRCS for wetland certification requests;prohibits USDA from using new rationale for a wetland determination if a person has previously successfully appealed a final wetland determination;establishes that USDA bears the burden of proof, by clear and convincing evidence, that a person has violated certain wetland conservation provisions;requires USDA to establish oversight committees in each state that will oversee the appeals of wetland determinations; andrequires that each individual who interacts with the NRCS have the option to participate in a customer satisfaction survey provided by an independent survey company.In addition, USDA must modify the appeals process to provide the person appealing with certain USDA records or documentation relating to the compliance violations.Further, in an appeal that is related to a delineation, determination, or certification of a wetland, USDA must modify the process to (1) allow a person to call NRCS technical staff as a witness, (2) accept evidence provided by the person bringing the appeal as reliable absent substantial evidence that it is not reliable, and (3) compensate a person who successfully appeals for fees and expenses.
Latest Action
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.