[Congressional Record Volume 160, Number 21 (Tuesday, February 4, 2014)]
[Extensions of Remarks]
[Page E161]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    VIEWS ON FARM BILL SECTION 12313

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                            HON. RICK LARSEN

                             of washington

                    in the house of representatives

                       Tuesday, February 4, 2014

  Mr. LARSEN of Washington. Mr. Speaker, last week, the House agreed to 
the conference report on H.R. 2642, the Farm Bill. Section 12313 of 
this legislation addresses an issue that should not go unnoticed, and I 
would like to make its intent clear.
  In the 112th Congress, the House passed H.R. 2541, the Silviculture 
Regulatory Consistency Act, introduced by Representative Herrera 
Beutler. The stated intent of this legislation was to return Clean 
Water Act permitting of silvicultural operations around forest roads to 
the same standards that applied before recent court decisions created 
uncertainty about which standards should be used. Before court actions, 
a Clean Water Act permit was not required for 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. Permits 
were only required for activities that involved rock crushing, gravel 
washing, log sawing and log storage. That standard has worked for many 
years, and I support continuing that standard.
  However, as originally written, H.R. 2541 could have created legal 
ambiguity on what should be covered with a Clean Water Act permit. I 
introduced an amendment to H.R. 2541 in the Transportation and 
Infrastructure Committee clarifying that activities exempt from 
permitting are limited to the silvicultural activities specified in the 
bill, and not all silvicultural activities. The language I sponsored 
and set forth as an amendment of this bill is generally the same as 
that in Section 12313 of the Farm Bill. Thankfully, the Farm Bill 
addresses this issue without ambiguity. Put simply, those activities 
which required a Clean Water Act permit in the past should continue to 
do so. Those which did not should continue to be exempt.
  I appreciate Representative Herrera Beutler's efforts on this issue 
and I am pleased that this issue has been addressed without ambiguity.

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