[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2793 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2793

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 5, 1999

 Mr. Stenholm introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
Committee on Agriculture, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 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.''.
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