II 112th CONGRESS 1st Session S. 1369 IN THE SENATE OF THE UNITED STATES July 14, 2011 Mr. Crapo (for himself, Mr. Wyden, Mr. Risch, and Mr. Begich) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Federal Water Pollution Control Act to exempt the conduct of silvicultural activities from national pollutant discharge elimination system permitting requirements.

1.

Short title

This Act may be cited as the Silviculture Regulatory Consistency Act.

2.

Silvicultural activities

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)

Silvicultural activities

(A)

NPDES permit requirements for silvicultural activities

The Administrator shall neither require a permit under this section, nor directly or indirectly require any State to require a permit under this section, for a discharge resulting from the conduct of any silvicultural activity, such as nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road use, construction, and maintenance, from which there is runoff. (B)

Permits for dredged or fill material

Nothing in this paragraph exempts the conduct of a silvicultural activity resulting in the discharge of dredged or fill material from any permitting requirement under section 404. .