H.R. 5799 — Introduced in House

I 116th CONGRESS 2d Session H. R. 5799 IN THE HOUSE OF REPRESENTATIVES February 7, 2020Mr. Thompson of Pennsylvania (for himself and Mr. Peterson) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act with respect to normal farming activities and to require the Corps of Engineers and the Environmental Protection Agency to apply certain decisions of the Secretary of Agriculture when enforcing such Act, and for other purposes. 1. Short title This Act may be cited as the Bridging Responsible Agricultural Conservation Efforts Act. 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Chief of Engineers The term Chief of Engineers means the Secretary of the Army, acting through the Chief of Engineers. (3) Secretary The term Secretary means the Secretary of Agriculture. 3. Normal farming activities (a) In general Section 404(f)(1)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1344(f)(1)(A)) is amended by striking or upland soil and water conservation practices and inserting upland soil and water conservation practices (including changing conservation systems), crop changes for soil management (including the use of haying and pasturing for the purpose of harvest or grazing), or activities and practices employed for purposes of expanding production in an operation. (b) Deadline Not later than 12 months after the date of enactment of this Act, the Administrator and the Chief of Engineers, jointly with the Secretary, shall issue a rule to revise the regulations implementing section 404 of the Federal Water Pollution Control Act to reflect the amendment made by subsection (a). The rule shall also include activities and practices employed for purposes of expanding production in an operation, changing crops produced in an operation, and changing conservation systems in an operation. 4. Application of Food Security Act of 1985 to Federal Water Pollution Control Act enforcement (a) Secretary of Agriculture decisions (1) Prior converted cropland (A) Effect of determination For purposes of section 404 of the Federal Water Pollution Control Act, the Chief of Engineers and the Administrator shall consider land to be prior converted cropland if the land has, at any time, been determined by the Secretary to be prior-converted cropland or commenced-conversion wetland under the Food Security Act of 1985. (B) No abandonment In carrying out subparagraph (A), the Chief of Engineers and the Administrator may not consider any determination by the Secretary under the Food Security Act of 1985 that land previously determined to be prior-converted cropland or commenced-conversion wetland has reverted to wetland due to abandonment. (2) Wetlands For any land with respect to which the Secretary has made a wetland delineation, determination, or certification under section 1222 of the Food Security Act of 1985, the Chief of Engineers and the Administrator shall apply such delineation, determination, or certification when carrying out section 404 of the Federal Water Pollution Control Act. (b) Waters of the United States For purposes of the Federal Water Pollution Control Act, prior converted croplands under subsection (a)(1), and any parcel of land that is contiguous to, and owned by the same owner as, such prior converted croplands, are not waters of the United States. (c) Reliance The first sentence of section 1222(a)(6) of the Food Security Act of 1985 shall apply to enforcement actions under section 404 of the Federal Water Pollution Control Act. (d) Judicial review Notwithstanding section 706 of title 5, United States Code, a court reviewing any agency action of the Secretary, the Chief of Engineers, or the Administrator that is affected by this section shall decide de novo all relevant questions of law, including the interpretation of constitutional and statutory provisions, and rules made. If the reviewing court determines that a statutory or regulatory provision relevant to its decision contains a gap or ambiguity, the court shall not interpret that gap or ambiguity as an implicit delegation of legislative rule making authority and shall not rely on such gap or ambiguity as a justification either for interpreting agency authority expansively or for deferring to any interpretation of the Secretary, the Chief of Engineers, or the Administrator on the question of law. Notwithstanding any other provision of law, this subsection shall apply in any action for judicial review of such an agency action authorized under any provision of law. No law may exempt any civil action for review of such an agency action from the application of this subsection except by specific reference to this subsection.