[Congressional Record Volume 142, Number 57 (Tuesday, April 30, 1996)]
[Senate]
[Page S4420]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     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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