[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1749 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1749

   To amend the Federal Water Pollution Control Act to affirm that a 
    permit is not required in certain circumstances, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 21, 2005

   Mr. Otter (for himself, Mr. Cardoza, Mr. Duncan, Mr. Simpson, Mr. 
    Norwood, Mr. Lewis of Kentucky, Mr. Terry, Mr. Hostettler, Mr. 
Doolittle, Mr. Kuhl of New York, Mr. Peterson of Minnesota, Mr. Cannon, 
 Miss McMorris, Mr. Osborne, Mr. Goodlatte, Mr. Berry, Mr. Baker, Mr. 
Wicker, Mr. Hastings of Washington, Mr. Walden of Oregon, Mr. Sullivan, 
Mr. Boustany, Mr. Rehberg, Mr. Pombo, Mr. Holden, Mr. Lucas, Mr. Taylor 
 of Mississippi, Mr. Taylor of North Carolina, Mr. Bishop of Georgia, 
 and Mr. Salazar) introduced the following bill; which was referred to 
           the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Water Pollution Control Act to affirm that a 
    permit is not required in certain circumstances, 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.

    This Act may be cited as the ``Pest Management and Fire Suppression 
Flexibility Act''.

SEC. 2. HARMONIZATION.

    Section 402(l) of the Federal Water Pollution Control Act (33 
U.S.C. 1342(l)) is amended by adding at the end the following:
            ``(3) Public health protection and pest management 
        activities.--The Administrator shall not require a permit under 
        this section, nor shall the Administrator directly or 
        indirectly require a State to require such a permit, for--
                    ``(A) the use of a pesticide that is registered or 
                otherwise approved for use pursuant to the Federal 
                Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
                136 et seq.), and such use is in accordance with the 
                relevant provisions of its approved labeling;
                    ``(B) the use of a fire retardant, chemical, or 
                water for fire suppression, control, or prevention in 
                accordance with relevant Federal guidelines by or in 
                cooperation with the Federal Government or State 
                government;
                    ``(C) silviculture activities, except the point 
                source activities listed in section 122.27(b)(1) of 
                title 40, Code of Federal Regulations, on the date of 
                enactment of the Pest Management and Fire Suppression 
                Flexibility Act; and
                    ``(D) the use of a biological control organism, as 
                defined by section 403 of the Plant Protection Act (7 
                U.S.C. 7702), for the prevention, control, or 
                eradication of a plant pest or noxious weed, and other 
                plant pest, noxious weed and pest control activities 
                authorized by that Act (7 U.S.C. 7701) et seq.).''.

SEC. 3. POINT SOURCE DEFINED.

    Section 502(14) of the Federal Water Pollution Control Act (33 
U.S.C. 1362(14)) is amended by striking the second sentence and 
inserting the following: ``This term does not include agricultural 
stormwater discharges, return flows from irrigated agriculture, or the 
public health protection, pest management, and silvicultural activities 
described in section 402(l)(3)''.
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