; (3) allow a person (or counsel of the person) to call technical staff of the Natural Resources Conservation Service as a witness in an appeal brought by the person relating to a delineation, determination, or certification of a wetland under section 1222 of that Act ( 16 U.S.C. 3822 ); (4) in an appeal described in paragraph (3), accept evidence provided by the person bringing the appeal as reliable absent substantial evidence that the evidence provided by the person is not reliable; and (5) compensate a person for fees and expenses, including legal fees, when the person successfully appeals a delineation, determination, or certification described in paragraph (3) and has incurred legal costs as a result of the overturned delineation, determination, or certification, as applicable. (j) Regulations Section 1246(b)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3846(b)(2) ) is amended— (1) by striking (2) shall and inserting the following: (2) (A) except as provided in subparagraph (B), shall ; (2) in subparagraph (A) (as so designated), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (B) shall be promulgated in accordance with section 553 of title 5, United States Code, in the case of— (i) subtitles B and C; (ii) section 1201, to the extent that section defines a term that appears in, or otherwise relates to, subtitle B or C; and (iii) subtitle E, to the extent that subtitle relates to subtitle B or C. . (k) Prohibition of permanent easements Notwithstanding any other provision of law, the Secretary of Agriculture, acting through the Chief of the Natural Resources Conservation Service, may not acquire any permanent easement.