S.1495 - NRCS Wetland Compliance and Appeals Reform Act (119th Congress)
Summary
S.1495, the NRCS Wetland Compliance and Appeals Reform Act, aims to modify the programs of the Natural Resources Conservation Service (NRCS) related to wetland determinations and compliance. The bill focuses on reforms concerning the removal of woody vegetation, retroactive penalties, burden of proof, and appeals processes related to wetland certifications. It also introduces customer satisfaction surveys and state oversight committees to improve NRCS operations.
Expected Effects
The likely effect of this bill is to provide more flexibility and protection to landowners in dealing with wetland regulations. It shifts the burden of proof to the Secretary of Agriculture, limits retroactive penalties, and establishes avenues for appeal and oversight. The customer satisfaction surveys and state oversight committees aim to make the NRCS more responsive to the needs and concerns of landowners.
Potential Benefits
- Provides landowners with more rights and protections during wetland determinations.
- Introduces customer satisfaction surveys to improve NRCS service.
- Establishes state oversight committees for wetland determination appeals.
- Prevents the use of retroactive penalties for wetland violations.
- Requires retraining for National Appeals Division judges to ensure fair hearings.
Potential Disadvantages
- Could potentially weaken environmental protections for wetlands.
- May increase administrative burden and costs due to new appeal processes and oversight committees.
- Could lead to increased wetland conversion if regulations are perceived as too lenient.
- The prohibition of permanent easements may limit long-term conservation efforts.
- Potential for delays in wetland determinations due to increased appeal processes.
Most Disadvantaged Areas:
Constitutional Alignment
The bill appears to align with the Constitution by addressing due process concerns related to property rights. The Fifth Amendment protects against the taking of private property for public use without just compensation and ensures due process of law. By shifting the burden of proof to the government and providing avenues for appeal, the bill reinforces these constitutional protections. The establishment of oversight committees and customer satisfaction surveys could be seen as promoting government transparency and accountability.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).