NRCS Wetland Compliance and Appeals Reform Act
Sponsored By: Senator Mike Rounds
Introduced
Summary
Strengthens landowner due process and limits retroactive penalties in NRCS wetland enforcement. It would also overhaul appeals, add state oversight, and require customer surveys to increase transparency and accountability.
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- Farmers and landowners: Would bar retroactive penalties when land had not been delineated, determined, and certified as a wetland under section 1222. It would clarify that removing woody vegetation, including stumps, is not a wetland conversion and raise the evidentiary standard by requiring clear and convincing proof of a violation.
- Appeals participants: Would add a right to demand an on-site visit for nonaccepted wetland certification reviews and bar using new rationales that were not relied on in the appealed determination. It would require delivery of the full record at the time of allegation, allow NRCS technical staff to testify, retrain National Appeals Division judges, accept reliable evidence unless shown unreliable, and allow fees and expenses for prevailing appellants.
- NRCS operations and oversight: Would create State Oversight Committees where wetland determinations are appealed with two private active farmers or ranchers appointed by the Secretary and one appointed by the State department of agriculture. It would establish an independent customer satisfaction survey program with monthly reporting, direct certain wetland rulemakings to follow the Administrative Procedure Act, and prohibit the NRCS Chief from acquiring permanent easements.
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 4 benefits, 0 costs, 1 mixed.
Fairer wetland appeals for landowners
If enacted, this would give landowners stronger appeal rights and protections in NRCS wetland cases. The Secretary would have to prove violations by clear and convincing evidence. You could demand an on-site visit, get the full record when an allegation is made, and call NRCS technical staff as witnesses. New legal reasons could not be used after you win at the National Appeals Division. If you win an appeal and had legal costs, you could be paid back. The bill would also create State oversight committees of active farmers and require retraining for certain USDA judges and agency heads.
NRCS barred from buying permanent easements
If enacted, the Secretary of Agriculture acting through the NRCS Chief would be prohibited from acquiring any permanent easement. That would stop NRCS from permanently buying or putting long-term restrictions on private land under this authority.
Public comment required for NRCS rules
If enacted, regulations for certain NRCS wetland rules and related definitions would have to follow formal notice-and-comment rulemaking. That would give the public a chance to comment. It could also slow or delay agency rule changes.
Tree and stump removal excluded
If enacted, removing woody plants, trees, or stumps would not by itself count as making land ready for farming under the wetland test. That would lower the chance routine clearing triggers wetland production or conversion rules.
Optional NRCS wetland customer surveys
If enacted, the Secretary would offer people who interact with NRCS with an opt-in customer survey. An independent company would send surveys by mail or email after decisions or appeals. Responses would be compiled monthly and sent to State and federal agriculture officials.
Sponsors & CoSponsors
Sponsor
Mike Rounds
SD • R
Cosponsors
John Hoeven
ND • R
Sponsored 4/10/2025
Kevin Cramer
ND • R
Sponsored 4/10/2025
Roll Call Votes
No roll call votes available for this bill.
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