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“WETLANDS AND THE NEW FARM BILL” mentioning the U.S. Dept of Agriculture was published in the Senate section on pages S4420 on April 30, 1996.
The publication is reproduced in full below:
WETLANDS AND THE NEW FARM BILL
Mr. GRASSLEY. Mr. President, I would like to enter into a colloquy with the Senator from Indiana, Senator Lugar, who is the chairman of the Committee on Agriculture, Nutrition, and Forestry and who was a manager of the recent conference on H.R. 2854, the 1996 farm bill.
As the Senator from Indiana knows, we had a problem in Iowa in 1994 and 1995 with the Natural Resources Conservation Service delineating wetlands. It is my understanding that NRCS used aerial photography and soil surveys to review prior wetland delineations. In most cases, NRCS found additional wetland acreage on the farmland subject to this review.
This caused a lot of anxiety and uncertainty for these landowners. They had accepted the initial delineation, changed their farming practices accordingly and then, through no action of their own, received a new, more expansive delineation.
The Senator will recall that because of this situation I introduced a moratorium on new delineations until passage of the new farm bill. This moratorium passed the Senate by unanimous consent and was later accepted by the Department of Agriculture.
Mr. LUGAR. I would respond to my friend from Iowa that I am fully aware of the situation that he refers to in his State.
Mr. GRASSLEY. I am concerned that a change made to the Conference Report shortly before it was filed in the House may result in a similar situation occurring in the future. It is my understanding that the Conference Committee intended to give farmers certainty in dealing with wetlands. One way of accomplishing this goal was to allow prior delineations of wetlands to be changed only upon request of the farmer.
Mr. LUGAR. Mr. President, this is also my understanding.
Mr. GRASSLEY. After the conferees met, while the legislative language carrying out the various agreements was being finalized, the Department of Agriculture suggested a technical correction to this provision. Section 322 of the bill amends section 1222 of the 1985 farm bill to say that ``No person shall be adversely affected because of having taken an action based on a previous certified wetland delineation by the Secretary. The delineation shall not be subject to a subsequent wetland certification or delineation by the Secretary, unless requested by the person * * *. ''
My concern is that this could read to allow the Department to change delineations that have not yet been certified. I don't argue with this, per se. I am sure there is a need for granting NRCS this authority in some specific situations.
But again, I do not want a repeat of this situation in Iowa in 1994 and 1995. Specifically, I do not want the NRCS to use this language to conduct a massive review of wetland delineations. This will just cause further uncertainty and confusion in the farm community. It can only lead to ill will between our farmers and the NRCS and should be avoided at all cost.
Under the able leadership of Chairman Lugar, we have made some very positive changes in the 1996 farm bill that will lead to a more cooperative relationship between farmers and the NRCS. I hope this progress will not be undermined by the provision I mentioned.
Mr. LUGAR. Mr. President, we expect that the Department of Agriculture will be mindful of the need to balance the very legitimate concerns that the Senator from Iowa raises today with the desires of producers for certainty in the identification of wetlands. In addition, the rights of producers to appeal decisions should be protected. The Agriculture Committee will monitor developments as the Department develops regulations to carry out the provisions of the newly enacted farm bill, Public Law 104-127. I also encourage my colleague from Iowa and all concerned parties to contribute their input when the regulations are put out for comment.
In summary, while we realize that some administrative formalities will be necessary to give producers certainty regarding the boundaries of wetlands, we do not expect large-scale, wholesale reviews of existing wetland determinations as a result of the new legislation.
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