[Congressional Record Volume 159, Number 69 (Thursday, May 16, 2013)]
[Senate]
[Page S3573]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself, Mr. Crapo, Mr. Baucus, and Mr. Risch):
  S. 971. 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; to the Committee 
on Environment and Public Works.
  Mr. WYDEN. Mr. President, today I rise to reintroduce the 
Silviculture Regulatory Consistency Act with my colleague Senator 
Crapo. This legislation would end the legal uncertainty facing the 
timber industry by enacting legislation to preserve the Environmental 
Protection Agency's 37-year old policy treating forest roads as non-
point sources under the Clean Water Act.
  For 37 years, the EPA has maintained that forest roads are non-point 
sources. Furthermore, in March of this year, the U.S. Supreme Court 
overturned the Ninth Circuit Court of Appeals' ruling on forest roads, 
upholding EPA's authority to regulate forest roads as nonpoint sources 
under the Clean Water Act. Various studies show that if the EPA were to 
change their decades-long position and require Federal, State, county, 
tribal and private forest road owners to obtain a point source permit, 
the cost could reach billions of dollars and cost thousands of jobs. 
The Pacific Northwest needs more jobs in the woods. The way to do that 
is to get the timber cut up and to stop litigating questions that have 
already been answered.
  In the 112th Congress, Senator Crapo and I introduced similar 
legislation on forest roads. The legislation we introduce today is 
different in only two respects. First, the bill includes new language 
to prevent forest roads from being otherwise regulated by the EPA. This 
language is needed because in its March 2013 decision, the U.S. Supreme 
Court upheld the EPA's authority to regulate forest roads as non-point 
sources, and therefore not require mandatory point source permits; 
however, it did not address the Ninth Circuit's previous ruling that 
forest roads are point sources. As a result, the EPA must respond to 
the Court's ruling that the EPA use its discretionary authority to 
determine whether or not to regulate forest roads as point sources. 
This will inevitably result in further litigation over permits for 
forest roads.
  Second, the bill we introduce today includes the language adopted 
last year by the House Transportation and Infrastructure Committee to 
clarify the list of forest activities the EPA will not regulate as 
point sources. The Committee favorable reported the bill with this 
addition.
  Let me be clear. This legislation upholds an existing EPA regulation. 
Furthermore, this legislation does not weaken the Clean Water Act. The 
Clean Water Act remains in the same force as it has since it was 
enacted in 1972.
  The introduction of this bill begins the legislative process. There 
will be an opportunity for hearings, testimony provided by witnesses 
and Federal agencies, and public dialogue on this bill. It is my hope 
that this legislation will provide the certainty that the timber 
industry needs to increase jobs in the woods, get the timber cut up, 
and put an end to litigating the question of whether or not EPA has the 
authority to regulate forest roads as non-point sources.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 971

       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 ``Silviculture Regulatory 
     Consistency Act''.

     SEC. 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 not require a permit or 
     otherwise promulgate regulations under this section or 
     directly or indirectly require any State to require a permit 
     under this section for a discharge of stormwater runoff 
     resulting from the conduct of the following silvicultural 
     activities: nursery operations, site preparation, 
     reforestation and subsequent cultural treatment, thinning, 
     prescribed burning, pest and fire control, harvesting 
     operations, surface drainage, and road use, construction, and 
     maintenance.
       ``(B) Permits for dredged or fill material.--Nothing in 
     this paragraph exempts a silvicultural activity resulting in 
     the discharge of dredged or fill material from any permitting 
     requirement under section 404.''.
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