Wetland Determinations Efficiency and Transparency Act
This bill amends the Food Security Act of 1985 to revise the process that the Natural Resources Conservation Service (NRCS) uses to make a wetland determination, delineation, or certification.
The NRCS must make a determination, delineation, or certification within 60 days. If the NRCS misses the deadline, it must provide a reasonable transition period for a person to come into compliance with the decision without losing eligibility for certain payments and loans.
A decision is subject to judicial review, and a person is not required to exhaust all administrative remedies prior to bringing a suit in federal court. In the case of a dispute, the NRCS must bear the burden of proof by a preponderance of the evidence and provide a copy of the agency record upon request.
The Department of Agriculture (USDA) must permit a person to secure technical assistance from an approved source, other than the NRCS, for the preparation of: (1) a conservation plan or similar plan required as a condition for USDA assistance, and (2) a wetland delineation or determination.