HB 5605 Wetland Determinations Efficiency and Transparency Act

About HB-5605

Wetland Determinations Efficiency and Transparency Act This bill amends the Food Security Act of 1985 to revise the process that the Department of Agriculture's (USDA's) Natural Resources Conservation Service (NRCS) uses to make a wetland determination, delineation, or certification. The NRCS must make a determination, delineation, or certification within 60 days. If the NRCS misses the deadline, it must provide a reasonable transition period for a person to come into compliance with the decision without losing eligibility for certain payments and loans. A decision is subject to judicial review, and a person is not required to exhaust all administrative remedies prior to bringing a suit in federal court. In the case of a dispute, the NRCS must bear the burden of proof by a preponderance of the evidence and provide a copy of the agency record upon request. USDA must permit a person to secure technical assistance from an approved source, other than the NRCS, for the preparation of:

• (1) a conservation plan or similar plan required as a condition for USDA assistance, and
• (2) a wetland delineation or determination.