,i  #aaeth ,,congress  #ast ,session    
,h4 ,r4 #cbce  ,,in ,,the ,,house ,,of  
,,representatives  ,july #ac1 #bjag,mrs4
 ,noem 7for herself1 ,mr4 ,cramer1 and  
,mr4 ,peterson7 introduced the following
 bill2 which was referred to the        
,committee on ,agriculture  ,a ,,bill   
,to amend the ,food ,security ,act of   
#aihe with respect to the administration
 of wetland determinations1 and for     
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,wetland       
,determinations ,efficiency and         
,transparency ,act4  #b4 ,administration
 of wetland determinations ,section     
#abbb7;a7 of the ,food ,security ,act of
 #aihe 7#af ,u4,s4,c4 #chbb7;a77 is     
amended--  7#a7 in paragraph 7#a71 by   
striking subsection 7b7 and paragraph   
7#f7 and inserting subsection 7b71      
paragraphs 7#f7 and 7#g71 and paragraphs
 7#a77;,b7 and 7#b7 of section          
#abdd7;e72 and  7#b7 by adding at the   
end the following3  7#g7 ,administration
  7,a7 ,timely completion  7i7 ,in      

general ,the ,secretary1 acting through 
the ,chief of the ,natural ,resources   
,conservation ,service1 shall ensure the
 completion of a wetland delineation1   
determination1 or certification by the  
date that is #fj days after the date on 
which a person subject to this subtitle 
requests the delineation1 determination1
 or certification4  7ii7 ,effect of     
delay ,if a wetland delineation1        
determination1 or certification is not  
completed by the date described in      
clause 7i71 upon completion of the      
wetland delineation1 determination1 or  
certification1 the ,secretary shall     
provide for a reasonable transition     
period for coming into compliance with  
the wetland delineation1 determination1 
or certification1 as necessary1 and a   
person shall not become ineligible under
 section #abba for program loans or     
payments as a result of actions taken1  
between the date described in clause 7i7
 and the date on which such transition  
period ends1 in violation of the wetland

 delineation1 determination1 or         
certification4  7,b7 ,final agency      
action ,a wetland delineation1          
determination1 or certification made by 
the ,secretary shall be considered a    
final agency action subject to judicial 
review1 and a person challenging a      
wetland delineation1 determination1 or  
certification shall not be required to  
exhaust all administrative remedies     
prior to bringing a suit in ,federal    
court4  7,c7 ,duty to disclose ,in the  
case of a wetland delineation1          
determination1 or certification for     
which there exists a dispute1 the       
,secretary shall make available a copy  
of the agency record1 to a person       
involved in the dispute who requests    
such a copy1 not later than #cj days    
after the date on which the person makes
 the request4  7,d7 ,burden of proof ,in
 the case of a wetland delineation1     
determination1 or certification for     
which there exists a dispute1 the       
,secretary shall bear the burden of     

proof by a preponderance of the         
evidence4  7,e7 ,effect on existing     
process ,nothing in this paragraph shall
 be construed to prohibit a person      
challenging a wetland delineation1      
determination1 or certification from    
using the administrative appeal process 
in place before the date of enactment of
 this paragraph4  4  #c4 ,technical     
assistance permitted ,section #abdd7;e7 
of the ,food ,security ,act of #aihe    
7#af ,u4,s4,c4 #chdd7;e77 is amended to 
read as follows3  7e7 ,provision of     
technical assistance by other sources   
7#a7 ,third party technical assistance  
permitted ,the ,secretary shall permit a
 person to secure technical assistance  
from an approved source1 as determined  
by the ,secretary1 other than the       
,natural ,resources ,conservation       
,service--  7,a7 in the preparation and 
application of a conservation plan under
 subtitle ,b or similar plan required as
 a condition for assistance from the    
,department of ,agriculture2 and  7,b7  

in the preparation of a wetland         
delineation or determination to submit  
to the ,secretary under section #abbb4  
7#b7 ,rejection ,if the ,secretary      
rejects a technical determination made  
by an approved source pursuant to       
paragraph 7#a77;,a71 or a wetland       
delineation or determination made by an 
approved source pursuant to paragraph   
7#a77;,b71 the basis of the ,secretary's
 rejection must be supported by         
documented evidence4  4  #d4 ,date of   
return of wetland characteristics       
,section #abbb7;b77#a77;,g7 of the ,food
 ,security ,act of #aihe 7#af ,u4,s4,c4 
#chbb7 is amended by striking after that
 date and inserting after such original 
conversion4