,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #egii  ,,in ,,the ,,house ,,of  
,,representatives  ,february #g1        
#bjbj,mr4 ,thompson of ,pennsylvania    
7for himself and ,mr4 ,peterson7        
introduced the following bill2 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 ,act1 and for other      
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,bridging           
,responsible ,agricultural ,conservation
 ,efforts ,act4  #b4 ,definitions ,in   
this ,act3  7#a7 ,administrator ,the    
term ,administrator means the           
,administrator of the ,environmental    
,protection ,agency4  7#b7 ,chief of    
,engineers ,the term ,chief of          

,engineers means the ,secretary of the  
,army1 acting through the ,chief of     
,engineers4  7#c7 ,secretary ,the term  
,secretary means the ,secretary of      
,agriculture4  #c4 ,normal farming      
activities  7a7 ,in general ,section    
#djd7;f77#a77;,a7 of the ,federal ,water
 ,pollution ,control ,act 7#cc ,u4,s4,c4
 #acdd7;f77#a77;,a77 is amended by      
striking or upland soil and water       
conservation practices and inserting    
upland soil and water conservation      
practices 7including changing           
conservation systems71 crop changes for 
soil management 7including the use of   
haying and pasturing for the purpose of 
harvest or grazing71 or activities and  
practices employed for purposes of      
expanding production in an operation4   
7b7 ,deadline ,not later than #ab months
 after the date of enactment of this    
,act1 the ,administrator and the ,chief 
of ,engineers1 jointly with the         
,secretary1 shall issue a rule to revise
 the regulations implementing section   

#djd of the ,federal ,water ,pollution  
,control ,act to reflect the amendment  
made by subsection 7a74 ,the rule shall 
also include activities and practices   
employed for purposes of expanding      
production in an operation1 changing    
crops produced in an operation1 and     
changing conservation systems in an     
operation4  #d4 ,application of ,food   
,security ,act of #aihe to ,federal     
,water ,pollution ,control ,act         
enforcement  7a7 ,secretary of          
,agriculture decisions  7#a7 ,prior     
converted cropland  7,a7 ,effect of     
determination ,for purposes of section  
#djd of the ,federal ,water ,pollution  
,control ,act1 the ,chief of ,engineers 
and the ,administrator shall consider   
land to be prior converted cropland if  
the land has1 at any time1 been         
determined by the ,secretary to be      
prior-converted cropland or             
commenced-conversion wetland under the  
,food ,security ,act of #aihe4  7,b7 ,no
 abandonment ,in carrying out           

subparagraph 7,a71 the ,chief of        
,engineers and the ,administrator may   
not consider any determination by the   
,secretary under the ,food ,security    
,act of #aihe that land previously      
determined to be prior-converted        
cropland or commenced-conversion wetland
 has reverted to wetland due to         
abandonment4  7#b7 ,wetlands ,for any   
land with respect to which the          
,secretary has made a wetland           
delineation1 determination1 or          
certification under section #abbb of the
 ,food ,security ,act of #aihe1 the     
,chief of ,engineers and the            
,administrator shall apply such         
delineation1 determination1 or          
certification when carrying out section 
#djd of the ,federal ,water ,pollution  
,control ,act4  7b7 ,waters of the      
,united ,states ,for purposes of the    
,federal ,water ,pollution ,control     
,act1 prior converted croplands under   
subsection 7a77#a71 and any parcel of   
land that is contiguous to1 and owned by

 the same owner as1 such prior converted
 croplands1 are not waters of the       
,united ,states4  7c7 ,reliance ,the    
first sentence of section #abbb7;a77#f7 
of the ,food ,security ,act of #aihe    
shall apply to enforcement actions under
 section #djd of the ,federal ,water    
,pollution ,control ,act4  7d7 ,judicial
 review ,notwithstanding section #gjf of
 title #e1 ,united ,states ,code1 a     
court reviewing any agency action of the
 ,secretary1 the ,chief of ,engineers1  
or the ,administrator that is affected  
by this section shall decide de novo all
 relevant questions of law1 including   
the interpretation of constitutional and
 statutory provisions1 and rules made4  
,if the reviewing court determines that 
a statutory or regulatory provision     
relevant to its decision contains a gap 
or ambiguity1 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 ,secretary1
 the ,chief of ,engineers1 or the       
,administrator on the question of law4  
,notwithstanding any other provision of 
law1 this subsection shall apply in any 
action for judicial review of such an   
agency action authorized under any      
provision of law4 ,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 subsection4