Agricultural Conservation Flexibility Act of 2014 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require the U.S. Army Corps of Engineers and the Environmental Protection Agency (EPA) to withdraw the interpretive rule issued on March 25, 2014, entitled, "U.S. Environmental Protection Agency and U.S. Department of the Army Interpretive Rule Regarding the Applicability of the Clean Water Act Section 404(f)(1)(A)."
Prohibits the Corps and the EPA from using the interpretive rule, or any substantially similar rule or guidance, as the basis for any rulemaking, decision, or action regarding the scope or enforcement of the Clean Water Act. Provides that the use of rule or a substantially similar rule or guidance as the basis for any rule, decision, or action is grounds for vacating the rule, decision, or action.
Requires soil and water conservation practices to be treated as normal farming, silviculture, and ranching activities under permits for non-prohibited discharges of dredged or fill material. Prohibits such practices from being treated as a new use of an area of navigable waters, an impairment of the flow or circulation of navigable waters, or a reduction in the reach of such waters under those permits.
Applies this Act to activities occurring on or after March 25, 2014.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5071 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5071
To preserve existing rights and responsibilities with respect to non-
prohibited discharges of dredged or fill material under the Clean Water
Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 10, 2014
Mr. Ribble (for himself, Mr. Schrader, Mr. Collins of New York, Mr.
Thompson of Pennsylvania, Mr. Gibbs, Mr. Lucas, and Mr. Peterson)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
_______________________________________________________________________
A BILL
To preserve existing rights and responsibilities with respect to non-
prohibited discharges of dredged or fill material under the Clean Water
Act.
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 ``Agricultural Conservation
Flexibility Act of 2014''.
SEC. 2. RULES PERTAINING TO NON-PROHIBITED DISCHARGES OF DREDGED OR
FILL MATERIAL UNDER THE CLEAN WATER ACT.
(a) In General.--Section 404(f)(1)(A) of the Federal Water
Pollution Control Act (33 U.S.C. 1344(f)(1)(A)) shall be applied
without regard to the interpretive rule issued on March 25, 2014,
entitled ``U.S. Environmental Protection Agency and U.S. Department of
the Army Interpretive Rule Regarding the Applicability of the Clean
Water Act Section 404(f)(1)(A)''.
(b) Rules of Construction for Certain Agricultural Activities.--
(1) Soil and water conservation practices.--
(A) All soil and water conservation practices shall
be treated as normal farming, silviculture, and
ranching activities under section 404(f)(1)(A) of the
Federal Water Pollution Control Act (33 U.S.C.
1344(f)(1)(A)).
(B) No soil and water conservation practice shall
be treated as a new use of an area of navigable waters,
an impairment of the flow and circulation of navigable
waters, or a reduction in the reach of such waters
under section 404(f)(2) of the Federal Water Pollution
Control Act (33 U.S.C. 1344(f)(2)).
(2) Normal farming, silviculture, and ranching
activities.--Normal farming, silviculture, and ranching
activities shall be treated as such without regard to the date
of commencement of such activities.
SEC. 3. WITHDRAWAL OF INTERPRETIVE RULE AND PROHIBITION OF FURTHER
AGENCY ACTION.
(a) Withdrawal of Interpretive Rule.--The Secretary of the Army and
the Administrator of the Environmental Protection Agency shall withdraw
the interpretive rule described in section 2(a).
(b) Prohibition of Further Agency Action.--
(1) Neither the Secretary of the Army nor the Administrator
of the Environmental Protection Agency shall use the
interpretive rule described in section 2(a), or any
substantially similar rule or guidance, as the basis for any
rulemaking, decision, or action regarding the scope or
enforcement of the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.).
(2) Any violation of paragraph (1) shall be grounds for
vacating the rule, decision, or action constituting such
violation.
SEC. 4. APPLICABILITY.
This Act shall apply with respect to activities occurring on or
after March 25, 2014.
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Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Water Resources and Environment.
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