[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3323 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3323

   To reduce the regulatory burden on the agricultural sector of the 
                           national economy.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 2, 2011

Mr. Huelskamp introduced the following bill; which was referred to the 
 Committee on Agriculture, and in addition to the Committees on Energy 
 and Commerce, Transportation and Infrastructure, Ways and Means, and 
Education and the Workforce, 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 reduce the regulatory burden on the agricultural sector of the 
                           national economy.

    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 ``Freeing 
Agriculture to Reap More Act''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 101. No regulation of emissions of greenhouse gases under the 
                            Clean Air Act.
Sec. 102. Exemptions from requirements for certain farm vehicles.
Sec. 103. Prohibition of revision to coarse particulate matter air 
                            quality standards.
Sec. 104. Rule of construction of OSHA safety standard relating to the 
                            use of sweep augers.
Sec. 105. Hazardous material endorsement exemption.
Sec. 106. Definition of waters of the United States.
Sec. 107. Prohibition of imposition of fee or tax on gaseous emissions 
                            by livestock.
Sec. 108. Pesticide regulations.
Sec. 109. Gross income exception for dealers under the Animal Welfare 
                            Act.
Sec. 110. Prohibition on provision of Department of Agriculture funds 
                            and administrative support for White House 
                            Rural Council.
Sec. 111. Prohibition against inclusion of indirect emissions from land 
                            use changes.
Sec. 112. Delay of effective date of derivatives regulations pending 
                            cumulative analysis.
Sec. 113. Transportation of agricultural commodities and farm supplies.
Sec. 114. Restriction on rulemaking related to child agricultural 
                            labor.

SEC. 101. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES UNDER THE 
              CLEAN AIR ACT.

    Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is amended 
by adding at the end the following:

``SEC. 330. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.

    ``(a) Definition.--In this section, the term `greenhouse gas' means 
any of the following:
            ``(1) Water vapor.
            ``(2) Carbon dioxide.
            ``(3) Methane.
            ``(4) Nitrous oxide.
            ``(5) Sulfur hexafluoride.
            ``(6) Hydrofluorocarbons.
            ``(7) Perfluorocarbons.
            ``(8) Any other substance subject to, or proposed to be 
        subject to, regulation, action, or consideration under this Act 
        to address climate change.
    ``(b) Limitation on Agency Action.--
            ``(1) Limitation.--
                    ``(A) In general.--The Administrator may not, under 
                this Act, promulgate any regulation concerning, take 
                action relating to, or take into consideration the 
                emission of a greenhouse gas to address climate change.
                    ``(B) Air pollutant definition.--The definition of 
                the term `air pollutant' in section 302(g) does not 
                include a greenhouse gas. Notwithstanding the previous 
                sentence, such definition may include a greenhouse gas 
                for purposes of addressing concerns other than climate 
                change.
            ``(2) Exceptions.--Paragraph (1) does not prohibit the 
        following:
                    ``(A) Notwithstanding paragraph (4)(B), 
                implementation and enforcement of the rule entitled 
                `Light-Duty Vehicle Greenhouse Gas Emission Standards 
                and Corporate Average Fuel Economy Standards' (as 
                published at 75 Fed. Reg. 25324 (May 7, 2010) and 
                without further revision) and finalization, 
                implementation, enforcement, and revision of the 
                proposed rule entitled `Greenhouse Gas Emissions 
                Standards and Fuel Efficiency Standards for Medium- and 
                Heavy-Duty Engines and Vehicles' published at 75 Fed. 
                Reg. 74152 (November 30, 2010).
                    ``(B) Implementation and enforcement of section 
                211(o).
                    ``(C) Statutorily authorized Federal research, 
                development, demonstration programs and voluntary 
                programs addressing climate change.
                    ``(D) Implementation and enforcement of title VI to 
                the extent such implementation or enforcement only 
                involves one or more class I substances or class II 
                substances (as such terms are defined in section 601).
                    ``(E) Implementation and enforcement of section 821 
                (42 U.S.C. 7651k note) of Public Law 101-549 (commonly 
                referred to as the `Clean Air Act Amendments of 1990').
            ``(3) Inapplicability of provisions.--Nothing listed in 
        paragraph (2) shall cause a greenhouse gas to be subject to 
        part C of title I (relating to prevention of significant 
        deterioration of air quality) or considered an air pollutant 
        for purposes of title V (relating to permits).
            ``(4) Certain prior agency actions.--The following rules 
        and actions (including any supplement or revision to such rules 
        and actions) are repealed and shall have no legal effect:
                    ``(A) `Mandatory Reporting of Greenhouse Gases', 
                published at 74 Fed. Reg. 56260 (October 30, 2009).
                    ``(B) `Endangerment and Cause or Contribute 
                Findings for Greenhouse Gases Under Section 202(a) of 
                the Clean Air Act', published at 74 Fed. Reg. 66496 
                (December 15, 2009).
                    ``(C) `Reconsideration of Interpretation of 
                Regulations That Determine Pollutants Covered by Clean 
                Air Act Permitting Programs', published at 75 Fed. Reg. 
                17004 (April 2, 2010) and the memorandum from Stephen 
                L. Johnson, Environmental Protection Agency (EPA) 
                Administrator, to EPA Regional Administrators, 
                concerning `EPA's Interpretation of Regulations that 
                Determine Pollutants Covered by Federal Prevention of 
                Significant Deterioration (PSD) Permit Program' 
                (December 18, 2008).
                    ``(D) `Prevention of Significant Deterioration and 
                Title V Greenhouse Gas Tailoring Rule', published at 75 
                Fed. Reg. 31514 (June 3, 2010).
                    ``(E) `Action To Ensure Authority To Issue Permits 
                Under the Prevention of Significant Deterioration 
                Program to Sources of Greenhouse Gas Emissions: Finding 
                of Substantial Inadequacy and SIP Call', published at 
                75 Fed. Reg. 77698 (December 13, 2010).
                    ``(F) `Action To Ensure Authority To Issue Permits 
                Under the Prevention of Significant Deterioration 
                Program to Sources of Greenhouse Gas Emissions: Finding 
                of Failure To Submit State Implementation Plan 
                Revisions Required for Greenhouse Gases', published at 
                75 Fed. Reg. 81874 (December 29, 2010).
                    ``(G) `Action To Ensure Authority To Issue Permits 
                Under the Prevention of Significant Deterioration 
                Program to Sources of Greenhouse Gas Emissions: Federal 
                Implementation Plan', published at 75 Fed. Reg. 82246 
                (December 30, 2010).
                    ``(H) `Action To Ensure Authority to Implement 
                Title V Permitting Programs Under the Greenhouse Gas 
                Tailoring Rule', published at 75 Fed. Reg. 82254 
                (December 30, 2010).
                    ``(I) `Determinations Concerning Need for Error 
                Correction, Partial Approval and Partial Disapproval, 
                and Federal Implementation Plan Regarding Texas 
                Prevention of Significant Deterioration Program', 
                published at 75 Fed. Reg. 82430 (December 30, 2010).
                    ``(J) `Limitation of Approval of Prevention of 
                Significant Deterioration Provisions Concerning 
                Greenhouse Gas Emitting-Sources in State Implementation 
                Plans', published at 75 Fed. Reg. 82536 (December 30, 
                2010).
                    ``(K) `Determinations Concerning Need for Error 
                Correction, Partial Approval and Partial Disapproval, 
                and Federal Implementation Plan Regarding Texas 
                Prevention of Significant Deterioration Program; 
                Proposed Rule', published at 75 Fed. Reg. 82365 
                (December 30, 2010).
                    ``(L) Except for actions listed in paragraph (2), 
                any other Federal action under this Act occurring 
                before the date of enactment of this section that 
                applies a stationary source permitting requirement or 
                an emissions standard for a greenhouse gas to address 
                climate change.
            ``(5) State action.--
                    ``(A) No limitation.--This section does not limit 
                or otherwise affect the authority of a State to adopt, 
                amend, enforce, or repeal State laws and regulations 
                pertaining to the emission of a greenhouse gas.
                    ``(B) Exception.--
                            ``(i) Rule.--Notwithstanding subparagraph 
                        (A), any provision described in clause (ii)--
                                    ``(I) is not federally enforceable;
                                    ``(II) is not deemed to be a part 
                                of Federal law; and
                                    ``(III) is deemed to be stricken 
                                from the plan described in clause 
                                (ii)(I) or the program or permit 
                                described in clause (ii)(II), as 
                                applicable.
                            ``(ii) Provision defined.--For purposes of 
                        clause (i), the term `provision' means any 
                        provision that--
                                    ``(I) is contained in a State 
                                implementation plan under section 110 
                                and authorizes or requires a limitation 
                                on, or imposes a permit requirement 
                                for, the emission of a greenhouse gas 
                                to address climate change; or
                                    ``(II) is part of an operating 
                                permit program under title V, or a 
                                permit issued pursuant to title V, and 
                                authorizes or requires a limitation on 
                                the emission of a greenhouse gas to 
                                address climate change.
                    ``(C) Action by administrator.--The Administrator 
                may not approve or make federally enforceable any 
                provision described in subparagraph (B)(ii).''.

SEC. 102. EXEMPTIONS FROM REQUIREMENTS FOR CERTAIN FARM VEHICLES.

    (a) Federal Requirements.--A covered farm vehicle, including the 
individual operating that vehicle, shall be exempt from the following:
            (1) Any requirement relating to commercial driver's 
        licenses established under chapter 313 of title 49, United 
        States Code.
            (2) Any requirement relating to drug testing established 
        under chapter 313 of title 49, United States Code.
            (3) Any requirement relating to medical certificates 
        established under chapter 313 of title 49, United States Code.
            (4) Any requirement relating to hours of service 
        established under--
                    (A) subchapter III of chapter 311 of title 49, 
                United States Code; or
                    (B) chapter 315 of title 49, United States Code.
    (b) State Requirements.--
            (1) In general.--Federal transportation funding to a State 
        may not be terminated, limited, or otherwise interfered with as 
        a result of the State exempting a covered farm vehicle, 
        including the individual operating that vehicle, from any State 
        requirement relating to the operation of that vehicle.
            (2) Exception.--Paragraph (1) does not apply with respect 
        to a covered farm vehicle transporting hazardous materials that 
        require a placard.
    (c) Covered Farm Vehicle Defined.--
            (1) In general.--In this section, the term ``covered farm 
        vehicle'' means a motor vehicle that--
                    (A) is traveling--
                            (i) in the State in which the vehicle is 
                        registered; or
                            (ii) in a State other than the State in 
                        which the vehicle is registered;
                    (B) is operated by--
                            (i) a farm owner;
                            (ii) a ranch owner;
                            (iii) a farm operator;
                            (iv) a ranch operator; or
                            (v) an employee or family member of an 
                        individual specified in clauses (i) through 
                        (iv);
                    (C) is transporting--
                            (i) agricultural commodities;
                            (ii) livestock; or
                            (iii) machinery or supplies to or from a 
                        farm or ranch;
                    (D) except as provided in paragraph (2), is not 
                used in the operations of a for-hire motor carrier; and
                    (E) is equipped with a special license plate or 
                other designation by the State in which the vehicle is 
                registered to allow for identification of the vehicle 
                as a farm vehicle by law enforcement personnel.
            (2) Inclusion.--In this section, the term ``covered farm 
        vehicle'' includes a motor vehicle--
                    (A) operated pursuant to a crop share farm lease 
                agreement;
                    (B) owned by a tenant with respect to that 
                agreement; and
                    (C) transporting the landlord's portion of the 
                crops under that agreement.

SEC. 103. PROHIBITION OF REVISION TO COARSE PARTICULATE MATTER AIR 
              QUALITY STANDARDS.

    (a) Prohibition.--The Administrator of the Environmental Protection 
Agency may not propose, finalize, implement, or enforce any regulation 
described in subsection (c) if the Administrator determines pursuant to 
subsection (b) that such regulation will incur compliance costs in the 
United States of more than $100,000,000 annually.
    (b) Determination.--In developing any regulation described in 
subsection (c), the Administrator shall determine the annual compliance 
costs of such regulation in the United States.
    (c) Regulation Described.--A regulation described in this 
subsection is a regulation that--
            (1) revises the national primary ambient air quality 
        standard or the national secondary ambient air quality standard 
        applicable to coarse particulate matter (generally referred to 
        as ``PM10'') under section 109 of the Clean Air Act (42 U.S.C. 
        7409); and
            (2) is proposed or finalized on or after the date of 
        enactment of this Act.

SEC. 104. RULE OF CONSTRUCTION OF OSHA SAFETY STANDARD RELATING TO THE 
              USE OF SWEEP AUGERS.

    Neither section 1910.272(g)(1)(ii) of title 29, Code of Federal 
Regulations, nor any other occupational safety and health standard 
shall be construed by the Occupational Safety and Health Commission as 
prohibiting an employee from working inside a grain bin while a sweep 
auger is in operation.

SEC. 105. HAZARDOUS MATERIAL ENDORSEMENT EXEMPTION.

    (a) Exclusion.--Section 5117(d)(1) of title 49, United States Code, 
is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(D) a service vehicle carrying diesel fuel in 
                quantities of 3,785 liters (1,000 gallons) or less that 
                is--
                            ``(i) driven by a class A commercial 
                        driver's license holder who is a custom 
                        harvester, an agricultural retailer, an 
                        agricultural business employee, an agricultural 
                        cooperative employee, or an agricultural 
                        producer; and
                            ``(ii) clearly marked with a placard 
                        reading `Diesel Fuel'.''.
    (b) Exemption.--Section 31315(b) of title 49, United States Code, 
is amended by adding at the end the following:
            ``(8) Hazardous materials endorsement exemption.--The 
        Secretary shall exempt all class A commercial driver's license 
        holders who are custom harvesters, agricultural retailers, 
        agricultural business employees, agricultural cooperative 
        employees, or agricultural producers from the requirement to 
        obtain a hazardous material endorsement under part 383 of title 
        49, Code of Federal Regulations, while operating a service 
        vehicle carrying diesel fuel in quantities of 3,785 liters 
        (1,000 gallons) or less if the tank containing such fuel is 
        clearly marked with a placard reading `Diesel Fuel'.''.

SEC. 106. DEFINITION OF WATERS OF THE UNITED STATES.

    The Administrator of the Environmental Protection Agency and the 
Secretary of the Army may not alter the meaning of the terms 
``navigable waters'' and ``waters of the United States'' in relation to 
regulations promulgated pursuant to the Federal Water Pollution Control 
Act as such terms are understood on the date of the enactment of this 
Act.

SEC. 107. PROHIBITION OF IMPOSITION OF FEE OR TAX ON GASEOUS EMISSIONS 
              BY LIVESTOCK.

    Notwithstanding any other provision of law, in carrying out any Act 
or program to reduce the effects of greenhouse gas emissions on climate 
change, no Federal agency or official shall impose a fee or tax on 
gaseous emissions emitted directly by livestock.

SEC. 108. PESTICIDE REGULATIONS.

    (a) Use of Authorized Pesticides.--Section 3(f) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(f)) is 
amended by adding at the end the following:
            ``(5) Use of authorized pesticides.--Except as provided in 
        section 402(s) of the Federal Water Pollution Control Act, the 
        Administrator or a State may not require a permit under such 
        Act for a discharge from a point source into navigable waters 
        of a pesticide authorized for sale, distribution, or use under 
        this Act, or the residue of such a pesticide, resulting from 
        the application of such pesticide.''.
    (b) Discharges of Pesticides.--Section 402 of the Federal Water 
Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end 
the following:
    ``(s) Discharges of Pesticides.--
            ``(1) No permit requirement.--Except as provided in 
        paragraph (2), a permit shall not be required by the 
        Administrator or a State under this Act for a discharge from a 
        point source into navigable waters of a pesticide authorized 
        for sale, distribution, or use under the Federal Insecticide, 
        Fungicide, and Rodenticide Act, or the residue of such a 
        pesticide, resulting from the application of such pesticide.
            ``(2) Exceptions.--Paragraph (1) shall not apply to the 
        following discharges of a pesticide or pesticide residue:
                    ``(A) A discharge resulting from the application of 
                a pesticide in violation of a provision of the Federal 
                Insecticide, Fungicide, and Rodenticide Act that is 
                relevant to protecting water quality, if--
                            ``(i) the discharge would not have occurred 
                        but for the violation; or
                            ``(ii) the amount of pesticide or pesticide 
                        residue in the discharge is greater than would 
                        have occurred without the violation.
                    ``(B) Stormwater discharges subject to regulation 
                under subsection (p).
                    ``(C) The following discharges subject to 
                regulation under this section:
                            ``(i) Manufacturing or industrial effluent.
                            ``(ii) Treatment works effluent.
                            ``(iii) Discharges incidental to the normal 
                        operation of a vessel, including a discharge 
                        resulting from ballasting operations or vessel 
                        biofouling prevention.''.

SEC. 109. GROSS INCOME EXCEPTION FOR DEALERS UNDER THE ANIMAL WELFARE 
              ACT.

    Section 2(f)(ii) of the Animal Welfare Act (7 U.S.C. 2132(f)) is 
amended--
            (1) by striking ``$500'' and inserting ``$5,000''; and
            (2) by adding after ``year'' the following: ``, except that 
        the Secretary shall annually increase the dollar amount in this 
        clause to reflect changes for the 12-month period ending on the 
        most recent date for which data are available in the Consumer 
        Price Index for All Urban Consumers published by the Bureau of 
        Labor Statistics of the Department of Labor''.

SEC. 110. PROHIBITION ON PROVISION OF DEPARTMENT OF AGRICULTURE FUNDS 
              AND ADMINISTRATIVE SUPPORT FOR WHITE HOUSE RURAL COUNCIL.

    The Secretary of Agriculture may not use funds appropriated or 
otherwise made available to the Department of Agriculture to provide 
funds or administrative support for the White House Rural Council 
established pursuant to Executive Order No. 86 of June 9, 2011.

SEC. 111. PROHIBITION AGAINST INCLUSION OF INDIRECT EMISSIONS FROM LAND 
              USE CHANGES.

    (a) General Exclusion of Indirect Emissions Land Use Change.--For 
purposes of establishing or determining compliance with any requirement 
or limitation under the Clean Air Act (42 U.S.C. 7401 et seq.), 
including the renewable fuel program under section 211(o) of such Act, 
the Administrator of the Environmental Protection Agency shall not take 
into consideration indirect emissions from land use changes.
    (b) Exclusion of Indirect Emissions From Land Use Changes in 
Calculation of Lifecycle Greenhouse Gas Emissions.--Section 
211(o)(1)(H) of the Clean Air Act (42 U.S.C. 7545(o)(1)(H)) is amended 
by striking ``(including direct emissions and significant indirect 
emissions such as significant emissions from land use changes)'' and 
inserting ``(excluding indirect emissions from land use changes)''.

SEC. 112. DELAY OF EFFECTIVE DATE OF DERIVATIVES REGULATIONS PENDING 
              CUMULATIVE ANALYSIS.

    Notwithstanding the effective date in section 774 of the Dodd-Frank 
Wall Street Reform and Consumer Protection Act (15 U.S.C. 77b note), 
the Commodity Futures Trading Commission shall, prior to implementing 
final regulations prescribed pursuant to title VII of such Act, conduct 
a comprehensive analysis of the economic impact of such regulations, 
including a determination of the cumulative costs and benefits of such 
regulations, and shall transmit to Congress a report containing its 
conclusions.

SEC. 113. TRANSPORTATION OF AGRICULTURAL COMMODITIES AND FARM SUPPLIES.

    Section 229(a)(1) of the Motor Carrier Safety Improvement Act of 
1999 (49 U.S.C. 31136 note) is amended to read as follows:
            ``(1) Transportation of agricultural commodities and farm 
        supplies.--Regulations prescribed by the Secretary under 
        sections 31136 and 31502 of title 49, United States Code, 
        regarding maximum driving and on-duty time for drivers used by 
        motor carriers shall not apply during planting and harvest 
        periods, as determined by each State, to drivers--
                    ``(A) transporting agricultural commodities in the 
                State from the source of the agricultural commodities 
                to a location within a 150 air mile radius from the 
                source;
                    ``(B) transporting farm supplies for agricultural 
                purposes in the State from a wholesale or retail 
                distribution point of the farm supplies to a farm or 
                other location where the farm supplies are intended to 
                be used within a 150 air mile radius from the 
                distribution point; or
                    ``(C) transporting farm supplies for agricultural 
                purposes in the State from a wholesale distribution 
                point of the farm supplies to a retail distribution 
                point of the farm supplies within a 150 air mile radius 
                from the wholesale distribution point.''.

SEC. 114. RESTRICTION ON RULEMAKING RELATED TO CHILD AGRICULTURAL 
              LABOR.

    The Secretary of Labor shall not initiate the rulemaking proposed 
and published in the Federal Register on September 2, 2011 (76 Fed. Reg 
171) nor promulgate any regulations or revisions described in such 
proposed rulemaking related to permissible employment of minors in 
agricultural and nonagricultural occupations.
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