113 HR 5071 IH: Agricultural Conservation Flexibility Act of 2014 U.S. House of Representatives 2014-07-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 113th CONGRESS 2d Session H. R. 5071 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.

1.

Short Title

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

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.

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.

4.

Applicability

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