S. 1495: NRCS Wetland Compliance and Appeals Reform Act

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 bill

• prohibits 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; and
• requires 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.