119-s1495

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1495 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1495

 To require reforms to programs of the Natural Resources Conservation 
 Service, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 April 10, 2025

 Mr. Rounds (for himself, Mr. Hoeven, and Mr. Cramer) introduced the 
 following bill; which was read twice and referred to the Committee on 
 Agriculture, Nutrition, and Forestry

_______________________________________________________________________

 A BILL

 To require reforms to programs of the Natural Resources Conservation 
 Service, 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 ``NRCS Wetland Compliance and Appeals 
Reform Act''.

SEC. 2. NATURAL RESOURCES CONSERVATION SERVICE REFORMS.

    (a) Permissibility of the Removal of Woody Vegetation.--

Section 1221
            (d) of the Food Security Act of 1985 (16 U.S.C. 3821
            (d) ) is amended 
by adding at the end the following:
 ``

    (3) Permissibility of the removal of woody vegetation.--
 The removal of woody vegetation, including stumps, shall not be 
 considered to be an activity that is for the purpose, or that 
 has the effect, of making the production of an agricultural 
 commodity possible under paragraph

    (1) .''.

    (b) Prohibition on Retroactive Penalties.--

Section 1221 of the Food 
Security Act of 1985 (16 U.S.C. 3821) is amended by adding at the end 
the following:
 ``

    (g) Prohibition on Retroactive Penalties.--The Secretary may not 
determine a person to be in violation of this section for the 
production of an agricultural commodity on, or the conversion of, a 
wetland that, at the time of that production or conversion, as 
applicable, the Secretary had not delineated, determined, and certified 
to be a wetland in accordance with 

section 1222.''.
            (c) Burden of Proof.--

Section 1221 of the Food Security Act of 1985 
(16 U.S.C. 3821) (as amended by subsection

    (b) ) is amended by adding at 
the end the following:
 ``

    (h) Burden of Proof.--The Secretary shall bear the burden of 
proving, by clear and convincing evidence, that a person is in 
violation of this section, including--
 ``

    (1) in a case in which there is a lack of evidence to 
 determine such a violation; and
 ``

    (2) the burden of proving, by clear and convincing 
 evidence, that evidence offered to prove that a person is not 
 in violation of this section is unreliable.''.
            (d) Prohibition on Using New Rationale for Wetland Determinations 
Previously Refuted.--

Section 1222

    (a) of the Food Security Act of 1985 
(16 U.S.C. 3822

    (a) ) is amended by adding at the end the following:
 ``

    (7) Prohibition on using new rationale for wetland 
 determinations previously refuted.--If a person successfully 
 appeals a final wetland determination at the National Appeals 
 Division, the Secretary may not subsequently make a 
 determination that the wetland exists based on a rationale that 
 was not used for the determination that was successfully 
 appealed at the National Appeals Division.''.

    (e) Appeal Process for Nonaccepted Review of Wetland Certification 
Requests.--

Section 1222

    (a) of the Food Security Act of 1985 (16 U.S.C. 
3822

    (a) ) (as amended by subsection
            (d) ) is amended by adding at the end 
the following:
 ``

    (8) Appeal process for nonaccepted review of wetland 
 certification requests.--The Secretary shall develop an appeal 
 process for requests for the review of wetland certifications 
 that are not accepted by a State office of the Natural 
 Resources Conservation Service, which shall include a right for 
 the person bringing the appeal to demand that the Secretary 
 conduct an on-site visit in accordance with subsection
            (c) .''.

    (f) Requirement Relating to Preliminary Wetland Determinations.--

Section 1222
            (c) of the Food Security Act of 1985 (16 U.S.C. 3822
            (c) ) is 
amended by adding at the end the following:
 ``

    (3) Requirement relating to preliminary wetland 
 determinations.--The Secretary may not rely solely on 1 on-site 
 visit described in paragraph

    (1) to determine that the 
 hydrologic criteria for the determination that a wetland exists 
 are satisfied.''.

    (g) Customer Satisfaction Survey.--Subtitle C of title XII of the 
Food Security Act of 1985 (16 U.S.C. 3821 et seq.) is amended by adding 
at the end the following:

``

SEC. 1225. CUSTOMER SATISFACTION SURVEY.

 ``

    (a) 

=== Purposes ===
-The purposes of this section are--
 ``

    (1) to improve customer service at the Natural Resources 
 Conservation Service relating to the administration of this 
 subtitle;
 ``

    (2) to identify areas of satisfaction of customers in 
 interacting with the Natural Resources Conservation Service in 
 the administration of this subtitle;
 ``

    (3) to identify areas of customer service at the Natural 
 Resources Conservation Service in need of improvement due to 
 dissatisfaction of customers in interacting with the Natural 
 Resources Conservation Service in the administration of this 
 subtitle; and
 ``

    (4) to address corrective measures and initiate positive 
 change in customer service at the Natural Resources 
 Conservation Service relating to the administration of this 
 subtitle.
 ``

    (b) Option To Participate in Survey.--The Secretary shall offer 
to each individual who interacts with the Natural Resources 
Conservation Service in the administration of this subtitle the option 
to participate in a survey described in subsection
            (c) .
 ``
            (c) Surveys.--The Secretary shall enter into an agreement with an 
independent survey company, under which the independent survey company 
shall provide the following services:
 ``

    (1) Send, by email or mail, a customer satisfaction 
 survey to each individual who interacts with the Natural 
 Resources Conservation Service in the administration of this 
 subtitle and indicates to the Secretary a desire to participate 
 in the survey on being offered the option to participate under 
 subsection

    (b) after any of the following occurs:
 ``
        (A) The Secretary completes a final wetland 
 determination, including a final technical 
 determination, relating to land of the individual.
 ``
        (B) Appeals to the Farm Service Agency with 
 respect to a wetland determination are exhausted.
 ``
            (C) An appeal is made with respect to a wetland 
 determination to a National Appeals Division officer.
 ``
            (D) An appeal is made with respect to a wetland 
 determination to the Director of the National Appeals 
 Division.
 ``
        (E) The Secretary completes a review of a prior 
 certification of a wetland determination.
 ``
        (F) The individual has any other interaction with 
 the Natural Resources Conservation Service, as the 
 Secretary determines to be appropriate.
 ``

    (2) Receive responses to the surveys from the individuals 
 to which the surveys are sent under paragraph

    (1) .
 ``

    (3) Each month--
 ``
        (A) compile the responses to the surveys received 
 under paragraph

    (2) ; and
 ``
        (B) submit a report describing the compiled 
 responses to--
 ``
            (i) the applicable State Conservationist;
 ``
            (ii) the congressional delegation of each 
 applicable State;
 ``
            (iii) the Committee on Agriculture, 
 Nutrition, and Forestry of the Senate;
 ``
            (iv) the Committee on Agriculture of the 
 House of Representatives;
 ``
            (v) the applicable State department of 
 agriculture; and
 ``
            (vi) the Secretary.''.

    (h) State Oversight Committees.--Subtitle C of title XII of the 
Food Security Act of 1985 (16 U.S.C. 3821 et seq.) (as amended by 
subsection

    (g) ) is amended by adding at the end the following:

``

SEC. 1226. STATE OVERSIGHT COMMITTEES.

 ``

    (a) In General.--The Secretary shall establish an oversight 
committee for each State in which appeals of wetland determinations 
under this subtitle are made.
 ``

    (b) Composition.--Each State oversight committee shall be 
composed of--
 ``

    (1) 2 private, active farmers or ranchers appointed by 
 the Secretary; and
 ``

    (2) 1 private, active farmer or rancher appointed by the 
 State department of agriculture.
 ``
            (c) Terms.--A member of a State oversight committee--
 ``

    (1) shall be appointed for a term of 5 years; and
 ``

    (2) may serve for not more than 2 terms.
 ``
            (d) Duties.--Each State oversight committee shall have the 
following duties:
 ``

    (1) Review the following appeals of wetland 
 determinations under this subtitle in the applicable State:
 ``
        (A) Appeals of preliminary wetland 
 determinations.
 ``
        (B) Appeals of final wetland determinations.
 ``
            (C) Wetland determination appeals to the county 
 Farm Service Agency committee.
 ``
            (D) Wetland determination appeals for State 
 Conservationist review.
 ``
        (E) Requests for wetland determination mediation.
 ``
        (F) Wetland determination appeals to the National 
 Appeals Division.
 ``
        (G) Wetland determination appeals to the Director 
 of the National Appeals Division.
 ``

    (2) Review all requests for a review of a prior 
 certification of a wetland determination under this subtitle.
 ``

    (3) Submit a report describing findings of fact and 
 recommendations for change and improvement with respect to each 
 review under paragraphs

    (1) and

    (2) to--
 ``
        (A) the State Conservationist;
 ``
        (B) the Chief of the Natural Resources 
 Conservation Service;
 ``
            (C) the Committee on Agriculture, Nutrition, and 
 Forestry of the Senate; and
 ``
            (D) the Committee on Agriculture of the House of 
 Representatives.
 ``

    (e) Assistance.--A State oversight committee may procure 
assistance in carrying out the duties under subsection
            (d) from--
 ``

    (1) a consultant; and
 ``

    (2) a legal services provider.''.
            (i) Reforms to Appeals Processes.--The Secretary of Agriculture 
shall--

    (1) require National Appeals Division judges and agency 
 heads of the Department of Agriculture to receive retraining on 
 providing a fair and balanced hearing;

    (2) provide to a person the entire record or decisional 
 documentation relating to an allegation of the Secretary that 
 the person is in violation of 

section 1221 of the Food Security 
 Act of 1985 (16 U.S.C. 3821) at the time the Secretary makes 
 the allegation;

    (3) allow a person (or counsel of the person) to call 
 technical staff of the Natural Resources Conservation Service 
 as a witness in an appeal brought by the person relating to a 
 delineation, determination, or certification of a wetland under 
 

section 1222 of that Act (16 U.S.C. 3822);

    (4) in an appeal described in paragraph

    (3) , accept 
 evidence provided by the person bringing the appeal as reliable 
 absent substantial evidence that the evidence provided by the 
 person is not reliable; and

    (5) compensate a person for fees and expenses, including 
 legal fees, when the person successfully appeals a delineation, 
 determination, or certification described in paragraph

    (3) and 
 has incurred legal costs as a result of the overturned 
 delineation, determination, or certification, as applicable.

    (j) Regulations.--

Section 1246

    (b)

    (2) of the Food Security Act of 
1985 (16 U.S.C. 3846

    (b)

    (2) ) is amended--

    (1) by striking ``

    (2) shall'' and inserting the following:
 ``

    (2)
        (A) except as provided in subparagraph
        (B) , shall'';

    (2) in subparagraph
        (A) (as so designated), by striking the 
 period at the end and inserting ``; or''; and

    (3) by adding at the end the following:
 ``
        (B) shall be promulgated in accordance with 

section 553 
 of title 5, United States Code, in the case of--
 ``
            (i) subtitles B and C;
 ``
            (ii) section 1201, to the extent that section 
 defines a term that appears in, or otherwise relates 
 to, subtitle B or C; and
 ``
            (iii) subtitle E, to the extent that subtitle 
 relates to subtitle B or C.''.

    (k) Prohibition of Permanent Easements.--Notwithstanding any other 
provision of law, the Secretary of Agriculture, acting through the 
Chief of the Natural Resources Conservation Service, may not acquire 
any permanent easement.
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