Timber and Agriculture Environmental Fairness Act

Timber and Agriculture Environmental Fairness Act - Amends the Federal Water Pollution Control Act to prohibit the Administrator of the Environmental Protection Agency from requiring a national pollutant discharge elimination system permit for discharges composed entirely of agricultural stormwater discharges or for discharges from silviculture operations. Excludes discharges of stormwater runoff from silvicultural operations from the definition of "point source."

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2139 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2139

To amend the Federal Water Pollution Control Act to exempt agricultural 
 stormwater and silviculture operation discharges from the requirement 
for a permit under the national pollutant discharge elimination system, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 2, 2000

  Mr. Hutchinson (for himself and Mr. Enzi) 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 agricultural 
 stormwater and silviculture operation discharges from the requirement 
for a permit under the national pollutant discharge elimination system, 
                        and for other purposes.

    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 ``Timber and Agriculture Environmental 
Fairness Act''.

SEC. 2. EXEMPTION FOR AGRICULTURAL STORMWATER AND SILVICULTURE 
              OPERATION DISCHARGES.

    (a) In General.--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) Agricultural stormwater discharges.--The 
        Administrator shall not require a permit under this section, 
        nor shall the Administrator directly or indirectly require any 
        State to require such a permit, for discharges composed 
        entirely of agricultural stormwater discharges, including 
        stormwater runoff from--
                    ``(A) cultivated crops;
                    ``(B) pastures;
                    ``(C) rangeland;
                    ``(D) orchards;
                    ``(E) aquaculture facilities; and
                    ``(F) forest land.
            ``(4) Silviculture operation.--
                    ``(A) Definition of silviculture operation.--
                            ``(i) In general.--In this paragraph, the 
                        term `silviculture operation' means the 
                        practice of controlling the establishment, 
                        composition, constitution, and growth of 
                        forests.
                            ``(ii) Inclusions.--The term `silviculture 
                        operation' includes--
                                    ``(I) a nursery operation;
                                    ``(II) reforestation;
                                    ``(III) cultural treatment;
                                    ``(IV) thinning;
                                    ``(V) prescribed burning;
                                    ``(VI) a harvest operation;
                                    ``(VII) site preparation;
                                    ``(VIII) road construction and 
                                maintenance;
                                    ``(IX) surface drainage; and
                                    ``(X) pest and fire control.
                    ``(B) Permit requirement.--The Administrator shall 
                not require a permit under this section, nor shall the 
                Administrator directly or indirectly require any State 
                to require such a permit, for discharges from a 
                silviculture operation.''.
    (b) Conforming Amendment.--Section 502(14) of the Federal Water 
Pollution Control Act (33 U.S.C. 1362(14)) is amended by striking the 
second sentence and inserting the following: ``The term does not 
include agricultural stormwater discharges, return flows from irrigated 
agriculture, and discharges of stormwater runoff from silviculture 
operations (as defined in section 402(l)(4)).''.
                                 <all>