Text: H.R.5071 — 113th Congress (2013-2014)All Information (Except Text)

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Introduced in House (07/10/2014)


113th CONGRESS
2d Session
H. R. 5071


To preserve existing rights and responsibilities with respect to non-prohibited discharges of dredged or fill material under the Clean Water Act.


IN THE HOUSE OF REPRESENTATIVES

July 10, 2014

Mr. Ribble (for himself, Mr. Schrader, Mr. Collins of New York, Mr. Thompson of Pennsylvania, Mr. Gibbs, Mr. Lucas, and Mr. Peterson) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure


A BILL

To preserve existing rights and responsibilities with respect to non-prohibited discharges of dredged or fill material under the Clean Water Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short Title.

This Act may be cited as the “Agricultural Conservation Flexibility Act of 2014”.

SEC. 2. Rules pertaining to non-prohibited discharges of dredged or fill material under the Clean Water Act.

(a) In General.—Section 404(f)(1)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1344(f)(1)(A)) shall be applied without regard to the interpretive rule issued on March 25, 2014, entitled “U.S. Environmental Protection Agency and U.S. Department of the Army Interpretive Rule Regarding the Applicability of the Clean Water Act Section 404(f)(1)(A)”.

(b) Rules of Construction for Certain Agricultural Activities.—

(1) SOIL AND WATER CONSERVATION PRACTICES.—

(A) All soil and water conservation practices shall be treated as normal farming, silviculture, and ranching activities under section 404(f)(1)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1344(f)(1)(A)).

(B) No soil and water conservation practice shall be treated as a new use of an area of navigable waters, an impairment of the flow and circulation of navigable waters, or a reduction in the reach of such waters under section 404(f)(2) of the Federal Water Pollution Control Act (33 U.S.C. 1344(f)(2)).

(2) NORMAL FARMING, SILVICULTURE, AND RANCHING ACTIVITIES.—Normal farming, silviculture, and ranching activities shall be treated as such without regard to the date of commencement of such activities.

SEC. 3. Withdrawal of Interpretive Rule and Prohibition of Further Agency Action.

(a) Withdrawal of Interpretive Rule.—The Secretary of the Army and the Administrator of the Environmental Protection Agency shall withdraw the interpretive rule described in section 2(a).

(b) Prohibition of Further Agency Action.—

(1) Neither the Secretary of the Army nor the Administrator of the Environmental Protection Agency shall use the interpretive rule described in section 2(a), or any substantially similar rule or guidance, as the basis for any rulemaking, decision, or action regarding the scope or enforcement of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).

(2) Any violation of paragraph (1) shall be grounds for vacating the rule, decision, or action constituting such violation.

SEC. 4. Applicability.

This Act shall apply with respect to activities occurring on or after March 25, 2014.