Sec. 2. Administration of wetland determinations
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Section 1222(a) of the Food Security Act of 1985 ( 16 U.S.C. 3822(a) ) is amended— in paragraph (1), by striking subsection
(b)and paragraph
(6)and inserting subsection (b), paragraphs
(6)and (7), and paragraphs (1)(B) and
(2)of section 1244(e) ; and by adding at the end the following: The Secretary, acting through the Chief of the Natural Resources Conservation Service, shall ensure the completion of a wetland delineation, determination, or certification by the date that is 60 days after the date on which a person subject to this subtitle requests the delineation, determination, or certification. If a wetland delineation, determination, or certification is not completed by the date described in clause (i), upon completion of the wetland delineation, determination, or certification, the Secretary shall provide for a reasonable transition period for coming into compliance with the wetland delineation, determination, or certification, as necessary, and a person shall not become ineligible under section 1221 for program loans or payments as a result of actions taken, between the date described in clause
(i)and the date on which such transition period ends, in violation of the wetland delineation, determination, or certification. A wetland delineation, determination, or certification made by the Secretary shall be considered a final agency action subject to judicial review, and a person challenging a wetland delineation, determination, or certification shall not be required to exhaust all administrative remedies prior to bringing a suit in Federal court. In the case of a wetland delineation, determination, or certification for which there exists a dispute, the Secretary shall make available a copy of the agency record, to a person involved in the dispute who requests such a copy, not later than 30 days after the date on which the person makes the request. In the case of a wetland delineation, determination, or certification for which there exists a dispute, the Secretary shall bear the burden of proof by a preponderance of the evidence. Nothing in this paragraph shall be construed to prohibit a person challenging a wetland delineation, determination, or certification from using the administrative appeal process in place before the date of enactment of this paragraph. .
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Sec. 2
Administration of wetland determinations
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