[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3674 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3674

 To amend the Migratory Bird Treaty Act to provide certain exemptions 
            relating to the taking of migratory game birds.


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                   IN THE SENATE OF THE UNITED STATES

                           December 12, 2012

   Mr. Pryor (for himself, Mr. Boozman, Mr. Wicker, and Mr. Cochran) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend the Migratory Bird Treaty Act to provide certain exemptions 
            relating to the taking of migratory game birds.

    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 ``Farmers Protection Act of 2012''.

SEC. 2. EXEMPTIONS ON CERTAIN LAND.

    Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is 
amended by adding at the end the following:
    ``(c) Exemptions on Certain Land.--
            ``(1) In general.--Nothing in this section prohibits the 
        taking of any migratory game bird, including waterfowl, coots, 
        and cranes, on or over land that--
                    ``(A) is not a baited area; and
                    ``(B) contains--
                            ``(i) a standing crop or flooded standing 
                        crop, including an aquatic crop;
                            ``(ii) standing, flooded, or manipulated 
                        natural vegetation;
                            ``(iii) flooded harvested cropland; or
                            ``(iv) based on the determination of the 
                        applicable State office of the Cooperative 
                        Extension System of the Department of 
                        Agriculture at the request of the Secretary of 
                        the Interior, an area on which seed or grain 
                        has been scattered solely as the result of a 
                        normal agricultural planting, harvesting, post-
                        harvest manipulation, or normal soil 
                        stabilization practice.
            ``(2) Determinations.--
                    ``(A) In general.--For purposes of making a 
                determination under paragraph (1)(B)(iv), each State 
                office of the Cooperative Extension System of the 
                Department of Agriculture shall determine the 
                activities in that State that the State office 
                considers to be a normal agricultural practice in the 
                State, such as mowing, shredding, discing, rolling, 
                chopping, trampling, flattening, burning, or carrying 
                out herbicide treatment.
                    ``(B) Revisions.--A State office may revise a 
                report described in subparagraph (A) as the State 
                office determines to be necessary to reflect changing 
                agricultural practices.''.
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