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Amends section 1221 (16 U.S.C. 3821) by adding (d)(3) clarifying that removal of woody vegetation, including stumps, is not considered an activity making production of an agricultural commodity possible; adds a new subsection (g) prohibiting the Secretary from determining a person to be in violation for production or conversion on a wetland that the Secretary had not delineated, determined, and certified at the time; and adds a new subsection (h) requiring the Secretary to bear the burden of proving a violation by clear and convincing evidence.
Amends section 1222 (16 U.S.C. 3822) by adding to subsection (a) a paragraph (7) prohibiting the Secretary from later making a wetland determination based on a rationale not used in a determination successfully appealed at the National Appeals Division, and adding paragraph (8) requiring the Secretary to develop an appeal process for requests for review of wetland certifications not accepted by a State NRCS office, including a right to demand an on-site visit; also amends subsection (c) by adding a paragraph (3) prohibiting reliance solely on a single on-site visit to determine hydrologic criteria are satisfied.
Adds a new section 1225 (codified at 16 U.S.C. 3825) establishing a customer satisfaction survey requirement: the Secretary must offer the option to participate to individuals interacting with NRCS under this subtitle, enter into an agreement with an independent survey company to send surveys after specified NRCS interactions, receive responses, and each month compile and submit reports of survey responses to the applicable State Conservationist, congressional delegations, the Senate and House Agriculture Committees, the applicable State department of agriculture, and the Secretary.
Adds a new section 1226 (codified at 16 U.S.C. 3826) establishing State oversight committees: the Secretary must establish an oversight committee for each State where wetland determination appeals are made, specify committee composition (two private active farmers or ranchers appointed by the Secretary and one by the State department of agriculture), set 5-year terms with a two-term limit, define duties to review various wetland determination appeals and prior certification review requests, require submission of findings and recommendations to specified officials and committees, and permit procurement of consultant and legal assistance.
Amends section 1246(b)(2) (16 U.S.C. 3846(b)(2)) to revise the internal structure of the provision and add a new subparagraph (B) requiring that regulations for specified subtitles (subtitles B and C), certain definitional provisions of section 1201 as they relate to those subtitles, and subtitle E (to the extent it relates to subtitles B or C) be promulgated in accordance with section 553 of title 5 (notice-and-comment rulemaking).
Changes how the Natural Resources Conservation Service (NRCS) handles wetland determinations, appeals, enforcement, and customer service. The text clarifies that removing woody vegetation (including stumps) is not automatically treated as enabling agricultural production, limits retroactive penalties and shifts the burden of proof in alleged violations to the Secretary, and bans acquisition of new permanent easements. The bill also creates State-level oversight committees, requires regular customer-satisfaction surveys and monthly reporting, expands appeal procedures (including access to NRCS technical staff as witnesses), and updates rulemaking and administrative requirements for NRCS wetland-related decisions.
Adds that removal of woody vegetation, including stumps, is not considered an activity that makes the production of an agricultural commodity possible under section 1221(d)(1) of the Food Security Act of 1985.
Prohibits the Secretary from determining a person to be in violation of section 1221 for producing an agricultural commodity on, or converting, land that the Secretary had not delineated, determined, and certified to be a wetland under section 1222 at the time of that production or conversion (no retroactive penalties).
Requires the Secretary to bear the burden of proving, by clear and convincing evidence, that a person is in violation of section 1221, including when evidence is lacking and when the Secretary seeks to show that the person's evidence is unreliable.
Prohibits the Secretary from making a subsequent wetland determination based on a rationale that was not used in a determination that was successfully appealed at the National Appeals Division.
Requires the Secretary to develop an appeal process for requests for review of wetland certifications that are not accepted by a State NRCS office; the process must include a right for the person to demand an on-site visit in accordance with subsection (c).
Who is affected and how:
Farmers and private agricultural landowners: Directly affected. They may face fewer retroactive enforcement actions, clearer appeal rights, and more predictable treatment when they remove woody vegetation; some activities that previously risked triggering wetland-conversion findings may be treated differently.
Owners of agricultural land: Affected by changes to easement acquisitions (no new permanent easements) and by shifts in how NRCS evaluates land-management practices related to wetlands.
NRCS and USDA staff: Operationally affected. NRCS must update rules, conduct more regular reporting, run customer-satisfaction surveys, support State oversight committees, and prepare more robust evidentiary records when alleging violations. Staff will also be available as witnesses in appeals, which may change internal procedures and recordkeeping.
Recipients of federal conservation program services: Those using NRCS technical assistance or enrolling in conservation programs will see changed appeal processes and potentially altered conservation options (for example, fewer permanent easement opportunities).
State governments and oversight bodies: Will gain formal oversight roles through the newly required State committees and will participate in review or oversight functions.
Environmental and conservation groups: Potentially affected by the prohibition on new permanent easements and limits on retroactive enforcement—these changes could reduce some long-term conservation tools and may weaken enforcement incentives for wetland protection.
Overall effects:
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Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
Introduced April 10, 2025 by Marion Michael Rounds · Last progress April 10, 2025
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
Introduced in Senate