; and (2) the burden of proving, by clear and convincing evidence, that evidence offered to prove that a person is not in violation of this section is unreliable. . (d) Prohibition on using new rationale for wetland determinations previously refuted Section 1222(a) of the Food Security Act of 1985 ( 16 U.S.C. 3822(a) ) is amended by adding at the end the following: (7) Prohibition on using new rationale for wetland determinations previously refuted If a person successfully appeals a final wetland determination at the National Appeals Division, the Secretary may not subsequently make a determination that the wetland exists based on a rationale that was not used for the determination that was successfully appealed at the National Appeals Division. . (e) Appeal process for nonaccepted review of wetland certification requests Section 1222(a) of the Food Security Act of 1985 ( 16 U.S.C. 3822(a) ) (as amended by subsection (d)) is amended by adding at the end the following: (8) Appeal process for nonaccepted review of wetland certification requests The Secretary shall develop an appeal process for requests for the review of wetland certifications that are not accepted by a State office of the Natural Resources Conservation Service, which shall include a right for the person bringing the appeal to demand that the Secretary conduct an on-site visit in accordance with subsection (c). . (f) Requirement relating to preliminary wetland determinations Section 1222(c) of the Food Security Act of 1985 ( 16 U.S.C. 3822(c) ) is amended by adding at the end the following: (3) Requirement relating to preliminary wetland determinations The Secretary may not rely solely on 1 on-site visit described in paragraph (1) to determine that the hydrologic criteria for the determination that a wetland exists are satisfied. . (g) Customer satisfaction survey Subtitle C of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3821 et seq. ) is amended by adding at the end the following: 1225. Customer satisfaction survey (a) Purposes The