Bill · S. 1495· Senate(119-S-1495)
NRCS Wetland Compliance and Appeals Reform Act
- Introduced
- 4/10/2025
- Last activity
- 4/10/2025 — Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
- Sponsored by
- Mike Rounds
- Cosponsors
- - 2 - 0
- Introduced
- In Committee
What this bill would do
The NRCS Wetland Compliance and Appeals Reform Act aims to reform various programs within the Natural Resources Conservation Service. It establishes new rules regarding the removal of woody vegetation and prohibits retroactive penalties for wetland production or conversion. The bill shifts the burden of proof to the Secretary to prove violations through clear and convincing evidence. It also creates new appeal processes, including the right to demand on-site visits and establishes state oversight committees composed of farmers and ranchers. Finally, the act introduces customer satisfaction surveys and restricts the acquisition of permanent easements.
Yes· 3 of 5
Would farmers be better off under this?+8
The bill provides significant protections and procedural advantages for farmers and ranchers regarding wetland determinations and appeals.
Does this protect the right to fair treatment by the courts?+7
The bill significantly strengthens due process for landowners by shifting the burden of proof to the Secretary and allowing for compensation of legal fees.
Does this make what the government does easier for the public to see?+6
The bill enhances transparency through customer satisfaction surveys and providing access to full records for appellants.
The opposite
Does this give the federal government more power?-5
The bill reduces the authority of the Secretary of Agriculture over wetland determinations and easements.
Does this better protect air, water and wildlife?-3
By restricting permanent easements and limiting wetland determination authority, the bill may reduce long-term environmental conservation efforts.
Who it would affect, and how
Potential Positive Impacts for People
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Protection Against Retroactive Penalties: The Secretary is prohibited from determining a person is in violation for wetland production or conversion if the wetland had not been previously delineated, determined, and certified at that time (Section 2(b)).
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Shifted Burden of Proof: The Secretary must now bear the burden of proving a violation by clear and convincing evidence, rather than the person having to prove they did nothing wrong (Section 2(c)).
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Consistency in Determinations: If a person successfully appeals a wetland determination, the Secretary cannot try again using a different rationale that was not used in the original determination (Section 2(d)).
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Enhanced Appeal Rights: The bill creates an appeal process for nonaccepted reviews of wetland certification requests, which includes the right for a person to demand an on-site visit (Section 2(e)).
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Improved Customer Service and Accountability: Through the use of independent customer satisfaction surveys, the agency seeks to identify areas of dissatisfaction and initiate positive changes in customer service (Section 2(g)).
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Local Oversight: The establishment of State Oversight Committees, composed of active farmers and ranchers, allows for the review of wetland determination appeals and the submission of reports for improvement (Section 2(h)).
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Fairer Hearing Standards: The bill requires retraining for agency heads and judges on providing fair and balanced hearings (Section 2(i)).
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Access to Information and Witnesses: Individuals can now be provided with entire records of allegations and have the right to call technical staff as witnesses during appeals (Section 2(i)).
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Financial Relief for Successful Appeals: People who successfully appeal a determination may be compensated for fees and expenses, including legal fees (Section 2(i)).
Potential Negative Impacts for People
- Restrictions on Easements: The Secretary of Agriculture, through the NRCS Chief, is prohibited from acquiring any permanent easement (Section 2(k)).
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Demographic And Interest Groups
- Good For Farmers+8Good For Rural Residents+5
- Governance And Ideology
- Improves Due Process+7Improves Government Transparency+6Increase States Rights+4Increases Federal Power-5
- Environment Energy And Infrastructure
- Improves Environmental Protections-3
- 4/10/2025
- Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
- 2 Cosponsors added.
- Introduced in Senate
Kevin CramerRepublican · North Dakota
John HoevenRepublican · North Dakota