NRCS Wetland Compliance and Appeals Reform Act

Sen. Mike Rounds (R-SD) sponsored this bill to overhaul the Natural Resources Conservation Service's wetland certification program and appeals process. The bill blocks NRCS from acquiring permanent easements, prohibits retroactive penalties for newly identified wetlands, and requires the USDA to prove by clear and convincing evidence that someone violated wetland conservation rules. It establishes state-level oversight committees to review wetland appeals, requires USDA to disclose compliance records to appellants, allows appellants to call NRCS staff as witnesses, and presumes evidence from appellants reliable unless substantial contrary evidence exists. The bill also prevents USDA from using new reasoning in wetland determinations if someone previously won an appeal on the same land, requires USDA to compensate successful appellants for fees and expenses, and mandates customer satisfaction surveys conducted by independent companies for NRCS interactions.

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