HR 2793 IH

To designate the Department of Agriculture as the lead Federal agency for national agricultural policy regarding conservation and the environment, including water quality research and modeling, water quality assessments and monitoring, and technical assistance for all agricultural activities conducted on agricultural lands, and for other purposes.

To designate the Department of Agriculture as the lead Federal agency for national agricultural policy regarding conservation and the environment, including water quality research and modeling, water quality assessments and monitoring, and technical assistance for all agricultural activities conducted on agricultural lands, 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; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the `Agricultural Water Quality Policy Oversight Act of 1999'.

(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings and definitions.

Sec. 3. Interagency Agricultural Water Quality Policy Working Group.

Sec. 4. Advisory committee to address agriculture-related water quality issues.

Sec. 5. Other aspects of leadership role of Department of Agriculture.

Sec. 6. Maintaining privacy of personal data received by Department of Agriculture and data gathering locations.

Sec. 7. Agricultural water quality programs.

SEC. 2. FINDINGS AND DEFINITIONS.

(a) FINDINGS- Congress finds the following:

(1) The Secretary of Agriculture must provide the leadership necessary to ensure that sound science is used to develop Federal policy decisions and rules regarding private agricultural lands and other rural lands.

(2) Public attention has gradually turned from the manufacturing industry toward agriculture as a source of water pollution.

(3) Various studies allege that agricultural production is a source of nutrients and other forms of non-point source pollution.

(4) Although many of these studies are based on erroneous or incomplete data, Federal agencies are continuing to increase the paperwork and financial burden on farmers and ranchers through regulatory requirements based on these studies.

(5) Any Federal policy recommendations that may be issued by any Federal agency to address water pollution problems related to agricultural lands should be based on sound science, subject to adequate peer review, and should take into account the economic feasibility of implementing such recommendations at the farm level.

(6) The majority of farmers and ranchers voluntarily manage their land in ways that protect the productivity and quality of their soil.

(7) Federal, State, and local technical assistance efforts are ongoing to assist farmers and ranchers in implementing voluntary conservation measures to assess and reduce the risk of non-point source water pollution contributions from agricultural production.

(8) Farmers and ranchers seeking technical assistance from the Department of Agriculture share detailed data and information about their operations and trust that this information will be kept confidential.

(b) DEFINITIONS- In this Act:

(1) INTERAGENCY WORKING GROUP- The term `Interagency Working Group' means the Interagency Agricultural Water Quality Policy Working Group established pursuant to section 3.

(2) ADVISORY COMMITTEE- The term `advisory committee' means the advisory committee to address agriculture-related water quality issues established pursuant to section 4.

(3) SOUND SCIENCE- The term `sound science' means technical or scientific information or techniques that have been subjected to independent peer review, publication in one or more scientific journals, or subjected to some other unbiased process which assures independent scholarly critique of research or field trial results and conclusions, including consideration of the accuracy of collection and analysis for all underlying data. In addition, in all cases where replication of research results is feasible, the term can be applied only to information or techniques that have demonstrated repeatable results in similar trials at other times or at multiple locations.

SEC. 3. INTERAGENCY AGRICULTURAL WATER QUALITY POLICY WORKING GROUP.

(a) PURPOSE- It is the purpose of this section to establish an executive branch working group, to be chaired by the Secretary of Agriculture, to--

(1) ensure that sound science is used to develop agricultural water quality policy; and

(2) provide advice and recommendations on the integration and coordination of Federal water quality policy affecting private agricultural lands and other rural lands.

(b) ESTABLISHMENT- There is established in the executive branch a working group, to be known as the Interagency Agricultural Water Quality Policy Working Group. The Interagency Working Group shall include the following members:

(1) The Secretary of Agriculture, or the designee of the Secretary, who shall chair the Interagency Working Group.

(2) The Secretary of the Interior, or the designee of the Secretary of the Interior. The designee of the Secretary of the Interior shall be an officer or employee of the Geological Survey.

(3) The Secretary of the Army, or the designee of the Secretary of the Army.

(4) The Secretary of Commerce, or the designee of the Secretary of Commerce. The designee of the Secretary of Commerce shall be an officer or employee of the National Oceanic and Atmospheric Administration.

(5) The Administrator of the Environmental Protection Agency or the designee of the Administrator.

(6) The heads of such other Federal agencies or other Executive Offices as the Secretary of Agriculture considers appropriate or their designees.

(c) MEETINGS-

(1) INITIAL MEETING- Not later than 120 days after the date of the enactment of this Act, the Interagency Working Group shall hold its first meeting.

(2) TIME FOR MEETINGS- The Interagency Working Group shall meet at the call of the chair, but at least annually.

(3) QUORUM- A majority of the members of the Interagency Working Group shall constitute a quorum to conduct business pursuant to this Act, but a lesser number of members may hold hearings to receive testimony.

(d) AGRICULTURE-RELATED WATER QUALITY POLICY CLEARANCE- After the establishment of the Interagency Working Group, all new Federal water quality policy affecting agricultural lands and other rural lands shall be subject to approval by the Interagency Working Group.

(e) ANALYSIS OF CURRENT POLICIES- The Interagency Working Group shall conduct a thorough analysis of national water quality policy in effect as of the date of the enactment of this Act and affecting agricultural and rural lands. In conducting the study, the Interagency Working Group shall--

(1) review all existing Federal laws and programs relating to agricultural water quality policy;

(2) review State, local, and tribal laws and programs relating to agricultural water quality policy that the Interagency Working Group finds pertinent;

(3) review recent agricultural water quality policy activities by Federal agencies and determine if these policies are backed by research and sound science;

(4) prepare recommendations on mechanisms to ensure that sound science is the foundation of agricultural water quality policy adopted after the date of the enactment of this Act;

(5) consult with State Governors and prepare recommendations on how Federal agricultural water quality policies and programs can be better integrated with ongoing State, local, and tribal programs into a comprehensive national policy.

(f) SUBMISSION OF REPORT-

(1) IN GENERAL- Not later than 18 months after the date of the enactment of this Act, the Interagency Working Group shall submit a report to the President and Congress containing a detailed statement of the findings and conclusions of the Interagency Working Group derived from the study conducted by the Interagency Working Group under subsection (e), together with recommendations for such legislation and administrative actions as the Interagency Working Group considers appropriate.

(2) APPROVAL OF REPORT- Before submission of the report, the contents of the report shall be approved by majority vote of the Interagency Working Group. Members voting not to approve the contents shall be given the opportunity to submit dissenting views with the report.

(g) MISCELLANEOUS POWERS-

(1) HEARINGS- The Interagency Working Group may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Interagency Working Group considers necessary to carry out the duties of the Interagency Working Group.

(2) INFORMATION FROM FEDERAL AGENCIES- The Interagency Working Group may secure directly from any Federal agency such information as the Interagency Working Group considers necessary to carry out its duties. Upon request of the chair of the Interagency Working Group, the head of such agency shall furnish such information to the Interagency Working Group.

SEC. 4. ADVISORY COMMITTEE TO ADDRESS AGRICULTURE-RELATED WATER QUALITY ISSUES.

(a) ESTABLISHMENT OF ADVISORY COMMITTEE- The Secretary of Agriculture shall establish an advisory committee to address agriculture-related water quality issues, including research and modeling, agricultural water quality inventorying and monitoring activities, and the availability of conservation technical assistance for implementing agriculture-related water quality programs.

(b) COMPOSITION- The advisory committee shall be comprised of representatives of the agriculture industry, agricultural producers, employees of the Department of Agriculture, research scientists from colleges and universities, and other experts in the fields of agriculture and water quality.

(c) DUTIES- The advisory committee shall advise the Secretary of Agriculture on all major agriculture-related water quality issues. The advisory committee shall initially report on--

(1) the role of the Department of Agriculture for providing oversight and coordination related to agricultural water quality and this Act;

(2) mechanisms to ensure sound science is utilized in agricultural water quality policy;

(3) options to ensure the financial burden of agriculture-related water quality regulations on individual farmers and ranchers is considered; and

(4) how best to provide assistance to priority watersheds as designated by States in the Unified Watershed Assessments completed as a part of the Clean Water Action Plan mandate.

(d) MEETINGS- The advisory committee shall meet at such times as the Secretary of Agriculture may require in order to provide recommendations to the Secretary on all major agriculture-related water quality issues as policy is developed.

SEC. 5. OTHER ASPECTS OF LEADERSHIP ROLE OF DEPARTMENT OF AGRICULTURE.

(a) PROMOTION OF RESEARCH COOPERATION- The Secretary of Agriculture shall ensure cooperation between the Department of Agriculture and other Federal agencies in research activities regarding agriculture-related water quality in order to coordinate the activities and avoid duplication.

(b) OVERSIGHT OF RESEARCH RESULTS- The Secretary of Agriculture shall ensure, to the maximum extent possible, that the results of any agriculture-related water quality research conducted by Federal agencies be based on sound science and not report any erroneous data with respect to agriculture-related water quality. The Secretary shall ensure that sound science is available to all Federal agencies during the promulgation or revision of rules after the date of the enactment of this Act.

(c) PAPERWORK BURDEN- To the maximum extent practicable, the Secretary of Agriculture shall review efforts by other Federal agencies to issue rules regarding agriculture-related water quality and make recommendations designed to ensure that any required paperwork is minimized and does not impede the flow of normal agricultural activities.

SEC. 6. MAINTAINING PRIVACY OF PERSONAL DATA RECEIVED BY DEPARTMENT OF AGRICULTURE AND DATA GATHERING LOCATIONS.

(a) PERSONAL DATA- Information or data provided to the Department of Agriculture by a person for the purpose of receiving technical advice or other assistance shall remain confidential to the agency providing the advice or assistance, including any local, State, or Federal agency cooperating with the Department of Agriculture in providing such advice or assistance. Natural resource conservation plans developed by or for a landowner or operator under an education or natural resource conservation program or authority administered by the Secretary of Agriculture shall not be released by any person or agency to any other person, organization, or agency, except for local, State, or Federal agencies cooperating with the Department of Agriculture in providing technical advice or other assistance. This information and data are deemed to be commercial or financial information that is privileged or confidential.

(b) INVENTORY, MONITORING AND SITE SPECIFIC DATA- In order to maintain the personal privacy, confidentiality, and cooperation of land-owners and operators, and to maintain the integrity of sample sites, the geographic locations of Natural Resources Inventory of the Department of Agriculture data gathering sites are not public information. Natural Resources Inventory and other inventory and monitoring site specific data are not to be released to the public unless they have been transformed into a statistical or aggregate form that does not allow identification of the individual landowner, operator or specific data gathering site.

(c) THIRD PARTY DATA COLLECTION- Any data collected by a third party on private lands as a result of an agreement with the Department of Agriculture or using Department funds to collect information, produce a plan, or monitor sites is considered private and covered under subsection (a) and (b).

SEC. 7. AGRICULTURAL WATER QUALITY PROGRAMS.

Section 208(j) of the Federal Water Pollution Control Act (33 U.S.C. 1288) is amended--

(1) in paragraph (1)--

(A) by striking `Soil Conservation Service' and inserting `Natural Resources Conservation Service';

(B) by striking `Such contracts may be entered into during the period ending not later than September 31, 1988.'; and

(2) by striking paragraphs (8) and (9) and inserting the following new paragraph:

`(8) There are hereby authorized to be appropriated to the Secretary of Agriculture such sums as may be necessary to carry out this subsection for fiscal years 2000 through 2010. Such sums shall remain available until expended.'.