What This Bill Does
This bill establishes an advisory committee made up entirely of farmers and ranchers. The committee will study how federal water regulations affect agriculture and provide recommendations to Congress and other government agencies about those regulations.
Who It Affects
Farmers and ranchers selected to serve on the advisory committee. The Environmental Protection Agency and the Army Corps of Engineers who must work with the committee. Congressional committees that will receive the committee's report.
Key Provisions
• The advisory committee will have 32 members, all of whom must be farmers or ranchers. The Secretary of Agriculture will appoint members from candidates nominated by farm trade associations, the Senate and the House of Representatives (Sec. 2(c)).
• The committee must conduct a thorough study and develop recommendations about how federal water regulations impact agriculture, including impacts on farmland exemptions, common farming practices and food supply chains (Sec. 2(e)(1)).
• The committee must submit a detailed report to Congress and multiple federal agencies not later than one year after all members are appointed (Sec. 2(e)(2)).
• The committee must meet at least four times per year, with the first meeting held no later than 30 days after all members are appointed (Sec. 2(d)).
• The committee will automatically end 90 days after it finishes submitting its required report (Sec. 2(h)).
What Changes
A new advisory committee focused on farmers' perspectives regarding federal water regulations will be created. Government agencies responsible for water regulations will be required to receive and consider detailed recommendations from this committee about their regulations' effects on agriculture.
Important Definitions
The bill defines "waters of the United States regulations" as any federal regulations that define "waters of the United States" under federal water pollution control law. It also defines covered commodities, livestock, poultry and specialty crops by referencing other federal laws.
Effective Date
Initial appointments to the advisory committee must be made no later than one year after the date the bill becomes law. Not specified in bill text when the bill itself takes effect.
II
118TH CONGRESS
1ST SESSION
S. 1023
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 SENATE OF THE UNITED STATES
MARCH 29, 2023
Mr. BRAUN (for himself, Mr. TUBERVILLE, Mr. KENNEDY, Mr. ROUNDS, Mr.
RICKETTS, and Mr. SCOTT of Florida) introduced the following bill; which
was read twice and referred to the Committee on Agriculture, Nutrition,
and Forestry
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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Farmer-Informed
4
WOTUS Act of 2023’’.
5
SEC. 2. ADVISORY COMMITTEE FOR WATERS OF THE
6
UNITED STATES REGULATIONS.
7
(a) DEFINITIONS.—In this section:
8
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•S 1023 IS
(1) ADVISORY COMMITTEE.—The term ‘‘advi-
1
sory committee’’ means the advisory committee es-
2
tablished under subsection (b).
3
(2) COVERED COMMODITY.—The term ‘‘covered
4
commodity’’ has the meaning given the term in sec-
5
tion 1111 of the Agricultural Act of 2014 (7 U.S.C.
6
9011).
7
(3) LIVESTOCK.—The term ‘‘livestock’’ has the
8
meaning given the term in section 2(a) of the Pack-
9
ers and Stockyards Act, 1921 (7 U.S.C. 182(a)).
10
(4) POULTRY.—The term ‘‘poultry’’ has the
11
meaning given the term in section 2(a)(6) of the
12
Packers and Stockyards Act, 1921 (7 U.S.C.
13
182(a)).
14
(5) SECRETARY.—The term ‘‘Secretary’’ means
15
the Secretary of Agriculture.
16
(6) SPECIALTY
CROP.—The term ‘‘specialty
17
crop’’ has the meaning given the term in section 3
18
of the Specialty Crops Competitiveness Act of 2004
19
(7 U.S.C. 1621 note; Public Law 108–465).
20
(7)
WOTUS
REGULATIONS.—The
term
21
‘‘WOTUS regulations’’ means any Federal regula-
22
tions that define the term ‘‘waters of the United
23
States’’ for purposes of the Federal Water Pollution
24
Control Act (33 U.S.C. 1251 et seq.).
25
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•S 1023 IS
(b) ESTABLISHMENT.—The Secretary, in coordina-
1
tion with the Administrator of the Environmental Protec-
2
tion Agency and the Assistant Secretary of the Army for
3
Civil Works, shall establish an advisory committee broadly
4
representative of the United States farming and ranching
5
sectors to study and develop recommendations to address
6
the impact of WOTUS regulations on United States agri-
7
culture and environmental protection.
8
(c) MEMBERSHIP.—
9
(1) COMPOSITION.—The advisory committee
10
shall be composed of 32 members, all of whom are
11
farmers or ranchers, to be appointed as follows:
12
(A) FARMER ASSOCIATION-NOMINATED AP-
13
POINTEES.—
14
(i) IN GENERAL.—16 members shall
15
be appointed by the Secretary from a list
16
of candidates nominated under clause (ii).
17
(ii) NOMINATIONS.—
18
(I) IN GENERAL.—The Secretary
19
shall select 16 entities described in
20
subclause (II), each of which shall
21
nominate 1 candidate for membership
22
in the advisory committee.
23
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•S 1023 IS
(II) NOMINATING
ENTITIES.—
1
The entities referred to in subclause
2
(I) are the following:
3
(aa) 2 national farmer trade
4
associations representing farmers
5
and ranchers from all 50 States
6
and the internal policy of which
7
is developed using a member-
8
driven process.
9
(bb) 4 national covered com-
10
modity trade associations.
11
(cc) 3 national specialty crop
12
trade associations.
13
(dd) 3 national livestock
14
trade associations.
15
(ee) 3 national poultry trade
16
associations.
17
(ff) 1 national trade associa-
18
tion representing State depart-
19
ments of agriculture.
20
(B) SENATE-NOMINATED APPOINTEES.—
21
(i) IN GENERAL.—8 members shall be
22
appointed by the Secretary from a list of
23
candidates nominated under clause (ii).
24
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•S 1023 IS
(ii) NOMINATIONS.—The Senate shall
1
nominate 8 regionally diverse candidates
2
for membership in the advisory committee,
3
of whom—
4
(I) 4 shall be nominated by the
5
majority leader of the Senate, in con-
6
sultation with the chairperson of the
7
Committee on Agriculture, Nutrition,
8
and Forestry of the Senate; and
9
(II) 4 shall be nominated by the
10
minority leader of the Senate, in con-
11
sultation with the ranking member of
12
the Committee on Agriculture, Nutri-
13
tion, and Forestry of the Senate.
14
(C) HOUSE
OF
REPRESENTATIVES-NOMI-
15
NATED APPOINTEES.—
16
(i) IN GENERAL.—8 members shall be
17
appointed by the Secretary from a list of
18
candidates nominated under clause (ii).
19
(ii) NOMINATIONS.—The House of
20
Representatives shall nominate 8 regionally
21
diverse candidates for membership in the
22
advisory committee, of whom—
23
(I) 4 shall be nominated by the
24
majority leader of the House of Rep-
25
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•S 1023 IS
resentatives, in consultation with the
1
chairperson of the Committee on Agri-
2
culture of the House of Representa-
3
tives; and
4
(II) 4 shall be nominated by the
5
minority leader of the House of Rep-
6
resentatives, in consultation with the
7
ranking member of the Committee on
8
Agriculture of the House of Rep-
9
resentatives.
10
(2) DATE.—Initial appointments to the advi-
11
sory committee under paragraph (1) shall be made
12
not later than 1 year after the date of enactment of
13
this Act.
14
(3) PERIOD OF APPOINTMENT; VACANCIES.—
15
(A) IN GENERAL.—A member of the advi-
16
sory committee shall be appointed for the life of
17
the advisory committee.
18
(B) VACANCIES.—Any vacancy in the advi-
19
sory committee—
20
(i) shall not affect the powers or du-
21
ties of the advisory committee; and
22
(ii) shall be filled in the same manner
23
as the original appointment.
24
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•S 1023 IS
(4) CHAIRPERSON AND VICE CHAIRPERSON.—
1
The advisory committee shall select a chairperson
2
and vice chairperson from among the members of
3
the advisory committee.
4
(d) MEETINGS.—
5
(1) INITIAL MEETING.—Not later than 30 days
6
after the date on which all members of the advisory
7
committee have been appointed, the advisory com-
8
mittee shall hold the first meeting of the advisory
9
committee.
10
(2)
FREQUENCY.—The
advisory
committee
11
shall meet not less than 4 times per year.
12
(3) QUORUM.—A majority of the members of
13
the advisory committee shall constitute a quorum,
14
but a lesser number of members may hold hearings.
15
(e) DUTIES.—
16
(1)
STUDY
AND
RECOMMENDATIONS
RE-
17
QUIRED.—
18
(A) IN GENERAL.—The advisory committee
19
shall conduct a thorough study and develop rec-
20
ommendations
to
address
the
impact
of
21
WOTUS regulations on United States agri-
22
culture.
23
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•S 1023 IS
(B) MATTERS
STUDIED.—The advisory
1
committee shall study and develop recommenda-
2
tions to address—
3
(i) the impact of the prior-converted
4
farmland exemption on agricultural oper-
5
ations;
6
(ii) common agricultural practices
7
that are not exempted from WOTUS regu-
8
lations under the activity-based permitting
9
exemptions of the Environmental Protec-
10
tion Agency;
11
(iii) instances in which the Corps of
12
Engineers came to conflicting rulings for
13
the same or similarly situated tracts of
14
land;
15
(iv) the impact of WOTUS regula-
16
tions on secure food supply chains and
17
rural infrastructure;
18
(v) how WOTUS regulations can be
19
structured to provide a clear, objective
20
‘‘eyesight’’ test for jurisdictional waters of
21
the United States; and
22
(vi) how safe harbor conditions can be
23
developed for farmers who observe com-
24
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•S 1023 IS
mon, voluntary conservation practices on
1
their farms.
2
(2) REPORT.—Not later than 1 year after the
3
date on which all members of the advisory com-
4
mittee have been appointed, the advisory committee
5
shall—
6
(A) submit a report with detailed findings
7
and recommendations addressing the matters
8
described in paragraph (1)(B) to—
9
(i) the Secretary;
10
(ii) the Committee of Agriculture, Nu-
11
trition, and Forestry of the Senate;
12
(iii) the Committee on Environment
13
and Public Works of the Senate;
14
(iv) the Committee on Agriculture of
15
the House of Representatives;
16
(v) the Committee on Transportation
17
and Infrastructure of the House of Rep-
18
resentatives;
19
(vi) the Chair of the Council on Envi-
20
ronmental Quality;
21
(vii) the Director of the Office of
22
Management and Budget;
23
(viii) the Director of the White House
24
Domestic Policy Council;
25
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•S 1023 IS
(ix) the White House Chief of Staff;
1
(x) the Administrator of the Environ-
2
mental Protection Agency; and
3
(xi) the Assistant Secretary of the
4
Army for Civil Works;
5
(B) publish in the Federal Register the re-
6
port under subparagraph (A); and
7
(C) present the findings and recommenda-
8
tions of the advisory committee in a meeting
9
to—
10
(i) the Administrator of the Environ-
11
mental Protection Agency;
12
(ii) the Assistant Secretary of the
13
Army for Civil Works; and
14
(iii) the Science Advisory Board of the
15
Environmental Protection Agency.
16
(f) POWERS.—
17
(1) HEARINGS.—The advisory committee may
18
hold such hearings, sit and act at such times and
19
places, take such testimony, and receive such evi-
20
dence as the advisory committee considers advisable
21
to carry out this section.
22
(2) INFORMATION FROM FEDERAL AGENCIES.—
23
(A) IN GENERAL.—The advisory committee
24
may secure directly from any Federal depart-
25
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•S 1023 IS
ment or agency such information as the advi-
1
sory committee considers necessary to carry out
2
this section.
3
(B) FURNISHING
INFORMATION.—On re-
4
quest of the chairperson of the advisory com-
5
mittee, the head of a department or agency
6
shall furnish any requested information to the
7
advisory committee.
8
(3) POSTAL
SERVICES.—The advisory com-
9
mittee may use the United States mails in the same
10
manner and under the same conditions as other de-
11
partments and agencies of the Federal Government.
12
(4) GIFTS.—The advisory committee may ac-
13
cept, use, and dispose of gifts or donations of serv-
14
ices or property.
15
(5) PROCUREMENT OF TEMPORARY AND INTER-
16
MITTENT SERVICES.—The chairperson of the advi-
17
sory committee may procure temporary and inter-
18
mittent services under section 3109(b) of title 5,
19
United States Code, at rates for individuals which
20
do not exceed the daily equivalent of the annual rate
21
of basic pay prescribed for level V of the Executive
22
Schedule under section 5316 of that title.
23
(g) COMPENSATION.—
24
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•S 1023 IS
(1) FEDERAL MEMBERS.—A member of the ad-
1
visory committee who is an officer or employee of
2
the United States shall serve without compensation
3
in addition to that received for service as an officer
4
or employee of the United States, and such detail
5
shall be without interruption or loss of civil service
6
status or privilege.
7
(2) TRAVEL EXPENSES.—A member of the ad-
8
visory committee shall be allowed travel expenses, in-
9
cluding per diem in lieu of subsistence, at rates au-
10
thorized for employees of agencies under subchapter
11
I of chapter 57 of title 5, United States Code, while
12
away from their home or regular places of business
13
in the performance of services for the advisory com-
14
mittee.
15
(h) SUNSET.—The advisory committee shall termi-
16
nate 90 days after the date on which the advisory com-
17
mittee completes the reporting requirements under sub-
18
section (e)(2).
19
(i) FUNDING.—
20
(1) UNOBLIGATED
FUNDING
AVAILABLE.—Of
21
the unobligated amounts appropriated by the Amer-
22
ican Rescue Plan Act of 2021 (Public Law 117–2;
23
135 Stat. 4), such sums as are necessary shall be
24
made available to carry out this section.
25
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•S 1023 IS
(2) AUTHORIZATION OF APPROPRIATIONS.—In
1
the event that the funds described in paragraph (1)
2
may not be made available to carry out this section,
3
there are authorized to be appropriated such sums
4
as are necessary to carry out this section.
5
Æ
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