Bill Summary
This bill, called the "Bridging Responsible Agricultural Conservation Efforts Act," aims to amend the Federal Water Pollution Control Act in regards to farming activities. It requires the Corps of Engineers and the Environmental Protection Agency to follow certain decisions made by the Secretary of Agriculture when enforcing this act. The bill also includes a definition of key terms and provisions for normal farming activities, such as changes in crop production and conservation systems. Additionally, it outlines how the Food Security Act of 1985 will apply to the enforcement of the Federal Water Pollution Control Act. The bill also includes a provision for judicial review of any agency actions affected by this bill.
Possible Impacts
1. Farmers may be affected by the change in regulations for normal farming activities, as they may now have to adhere to certain practices and systems in order to expand production on their land.
2. Landowners may be affected by the new definition of prior converted cropland, as it may determine whether their land is considered a "water of the United States" and therefore subject to certain regulations.
3. Environmental groups or agencies may be affected by the change in judicial review, as it may limit their ability to interpret and enforce regulations in a more expansive or deferential manner.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5799 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 5799
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 7, 2020
Mr. 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bridging Responsible Agricultural
Conservation Efforts Act''.
SEC. 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.
SEC. 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.
SEC. 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.
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