Farmer-Informed WOTUS Act of 2023
This bill requires the Department of Agriculture (USDA) to establish an advisory committee that is representative of the U.S. farming and ranching sectors to make recommendations on the impact of waters of the United States (WOTUS) regulations on U.S. agriculture and environmental protection. (The Clean Water Act [CWA] protects navigable waters, which the statute defines as WOTUS. Because the CWA does not further define this term, the agencies that implement the CWA have defined WOTUS in regulations.)
Specifically, USDA must establish an advisory committee to study and develop recommendations to address matters such as
Federal agencies must provide to the committee any information requested by the committee chair.
The advisory committee terminates 90 days after completing reporting requirements.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4956 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4956
To establish an advisory committee to inform Congress of the impact of
Waters of the United States regulations on United States agriculture,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2023
Mr. Yakym (for himself and Mr. Mann) introduced the following bill;
which was referred to the Committee on Agriculture, and in addition to
the Committee on Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To establish an advisory committee to inform Congress of the impact of
Waters of the United States regulations on United States agriculture,
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 ``Farmer-Informed WOTUS Act of 2023''.
SEC. 2. ADVISORY COMMITTEE FOR WATERS OF THE UNITED STATES REGULATIONS.
(a) Definitions.--In this section:
(1) Advisory committee.--The term ``advisory committee''
means the advisory committee established under subsection (b).
(2) Covered commodity.--The term ``covered commodity'' has
the meaning given the term in section 1111 of the Agricultural
Act of 2014 (7 U.S.C. 9011).
(3) Livestock.--The term ``livestock'' has the meaning
given the term in section 2(a) of the Packers and Stockyards
Act, 1921 (7 U.S.C. 182(a)).
(4) Poultry.--The term ``poultry'' has the meaning given
the term in section 2(a)(6) of the Packers and Stockyards Act,
1921 (7 U.S.C. 182(a)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(6) Specialty crop.--The term ``specialty crop'' has the
meaning given the term in section 3 of the Specialty Crops
Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law
108-465).
(7) WOTUS regulations.--The term ``WOTUS regulations''
means any Federal regulations that define the term ``waters of
the United States'' for purposes of the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.).
(b) Establishment.--The Secretary, in coordination with the
Administrator of the Environmental Protection Agency and the Assistant
Secretary of the Army for Civil Works, shall establish an advisory
committee broadly representative of the United States farming and
ranching sectors to study and develop recommendations to address the
impact of WOTUS regulations on United States agriculture and
environmental protection.
(c) Membership.--
(1) Composition.--The advisory committee shall be composed
of 32 members, all of whom are farmers or ranchers, to be
appointed as follows:
(A) Farmer association-nominated appointees.--
(i) In general.--16 members shall be
appointed by the Secretary from a list of
candidates nominated under clause (ii).
(ii) Nominations.--
(I) In general.--The Secretary
shall select 16 entities described in
subclause (II), each of which shall
nominate 1 candidate for membership in
the advisory committee.
(II) Nominating entities.--The
entities referred to in subclause (I)
are the following:
(aa) 2 national farmer
trade associations representing
farmers and ranchers from all
50 States and the internal
policy of which is developed
using a member-driven process.
(bb) 4 national covered
commodity trade associations.
(cc) 3 national specialty
crop trade associations.
(dd) 3 national livestock
trade associations.
(ee) 3 national poultry
trade associations.
(ff) 1 national trade
association representing State
departments of agriculture.
(B) Senate-nominated appointees.--
(i) In general.--8 members shall be
appointed by the Secretary from a list of
candidates nominated under clause (ii).
(ii) Nominations.--The Senate shall
nominate 8 regionally diverse candidates for
membership in the advisory committee, of whom--
(I) 4 shall be nominated by the
majority leader of the Senate, in
consultation with the chairperson of
the Committee on Agriculture,
Nutrition, and Forestry of the Senate;
and
(II) 4 shall be nominated by the
minority leader of the Senate, in
consultation with the ranking member of
the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
(C) House of representatives-nominated
appointees.--
(i) In general.--8 members shall be
appointed by the Secretary from a list of
candidates nominated under clause (ii).
(ii) Nominations.--The House of
Representatives shall nominate 8 regionally
diverse candidates for membership in the
advisory committee, of whom--
(I) 4 shall be nominated by the
majority leader of the House of
Representatives, in consultation with
the chairperson of the Committee on
Agriculture of the House of
Representatives; and
(II) 4 shall be nominated by the
minority leader of the House of
Representatives, in consultation with
the ranking member of the Committee on
Agriculture of the House of
Representatives.
(2) Date.--Initial appointments to the advisory committee
under paragraph (1) shall be made not later than 1 year after
the date of enactment of this Act.
(3) Period of appointment; vacancies.--
(A) In general.--A member of the advisory committee
shall be appointed for the life of the advisory
committee.
(B) Vacancies.--Any vacancy in the advisory
committee--
(i) shall not affect the powers or duties
of the advisory committee; and
(ii) shall be filled in the same manner as
the original appointment.
(4) Chairperson and vice chairperson.--The advisory
committee shall select a chairperson and vice chairperson from
among the members of the advisory committee.
(d) Meetings.--
(1) Initial meeting.--Not later than 30 days after the date
on which all members of the advisory committee have been
appointed, the advisory committee shall hold the first meeting
of the advisory committee.
(2) Frequency.--The advisory committee shall meet not less
than 4 times per year.
(3) Quorum.--A majority of the members of the advisory
committee shall constitute a quorum, but a lesser number of
members may hold hearings.
(e) Duties.--
(1) Study and recommendations required.--
(A) In general.--The advisory committee shall
conduct a thorough study and develop recommendations to
address the impact of WOTUS regulations on United
States agriculture.
(B) Matters studied.--The advisory committee shall
study and develop recommendations to address--
(i) the impact of the prior-converted
farmland exemption on agricultural operations;
(ii) common agricultural practices that are
not exempted from WOTUS regulations under the
activity-based permitting exemptions of the
Environmental Protection Agency;
(iii) instances in which the Corps of
Engineers came to conflicting rulings for the
same or similarly situated tracts of land;
(iv) the impact of WOTUS regulations on
secure food supply chains and rural
infrastructure;
(v) how WOTUS regulations can be structured
to provide a clear, objective ``eyesight'' test
for jurisdictional waters of the United States;
and
(vi) how safe harbor conditions can be
developed for farmers who observe common,
voluntary conservation practices on their
farms.
(2) Report.--Not later than 1 year after the date on which
all members of the advisory committee have been appointed, the
advisory committee shall--
(A) submit a report with detailed findings and
recommendations addressing the matters described in
paragraph (1)(B) to--
(i) the Secretary;
(ii) the Committee of Agriculture,
Nutrition, and Forestry of the Senate;
(iii) the Committee on Environment and
Public Works of the Senate;
(iv) the Committee on Agriculture of the
House of Representatives;
(v) the Committee on Transportation and
Infrastructure of the House of Representatives;
(vi) the Chair of the Council on
Environmental Quality;
(vii) the Director of the Office of
Management and Budget;
(viii) the Director of the White House
Domestic Policy Council;
(ix) the White House Chief of Staff;
(x) the Administrator of the Environmental
Protection Agency; and
(xi) the Assistant Secretary of the Army
for Civil Works;
(B) publish in the Federal Register the report
under subparagraph (A); and
(C) present the findings and recommendations of the
advisory committee in a meeting to--
(i) the Administrator of the Environmental
Protection Agency;
(ii) the Assistant Secretary of the Army
for Civil Works; and
(iii) the Science Advisory Board of the
Environmental Protection Agency.
(f) Powers.--
(1) Hearings.--The advisory committee may hold such
hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the advisory committee
considers advisable to carry out this section.
(2) Information from federal agencies.--
(A) In general.--The advisory committee may secure
directly from any Federal department or agency such
information as the advisory committee considers
necessary to carry out this section.
(B) Furnishing information.--On request of the
chairperson of the advisory committee, the head of a
department or agency shall furnish any requested
information to the advisory committee.
(3) Postal services.--The advisory committee may use the
United States mails in the same manner and under the same
conditions as other departments and agencies of the Federal
Government.
(4) Gifts.--The advisory committee may accept, use, and
dispose of gifts or donations of services or property.
(5) Procurement of temporary and intermittent services.--
The chairperson of the advisory committee may procure temporary
and intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under section
5316 of that title.
(g) Compensation.--
(1) Federal members.--A member of the advisory committee
who is an officer or employee of the United States shall serve
without compensation in addition to that received for service
as an officer or employee of the United States, and such detail
shall be without interruption or loss of civil service status
or privilege.
(2) Travel expenses.--A member of the advisory committee
shall be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their home or regular places of business
in the performance of services for the advisory committee.
(h) Sunset.--The advisory committee shall terminate 90 days after
the date on which the advisory committee completes the reporting
requirements under subsection (e)(2).
(i) Funding.--
(1) Unobligated funding available.--Of the unobligated
amounts appropriated by the American Rescue Plan Act of 2021
(Public Law 117-2; 135 Stat. 4), such sums as are necessary
shall be made available to carry out this section.
(2) Authorization of appropriations.--In the event that the
funds described in paragraph (1) may not be made available to
carry out this section, there are authorized to be appropriated
such sums as are necessary to carry out this section.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Agriculture, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Agriculture, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Water Resources and Environment.
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