I 

115TH CONGRESS 

1ST SESSION H. R. 953 

To amend the Federal Insecticide, Fungicide, and Rodenticide Act and the 

Federal Water Pollution Control Act to clarify Congressional intent regarding the regulation of the use of pesticides in or near navigable 

waters, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 7, 2017 

Mr. GIBBS (for himself, Mr. CONAWAY, Mr. PETERSON, Mr. BOST, Mr. MARSHALL, Mr. THOMPSON of Pennsylvania, Mr. ABRAHAM, Mr. 

DESJARLAIS, Mr. GROTHMAN, Mr. LAMALFA, Mr. YOHO, Mr. JONES, 

Mr. ROGERS of Alabama, Mr. BABIN, Mr. COLE, Mr. SCHWEIKERT, Mr. 

KUSTOFF of Tennessee, Mr. CRAWFORD, Mr. KING of Iowa, Mr. GOSAR, 

Mrs. COMSTOCK, Mr. ALLEN, Mr. SCHRADER, and Mr. WENSTRUP) introduced the following bill; which was referred to the Committee on 

Transportation and Infrastructure, and in addition to the Committee on 

Agriculture, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Federal Insecticide, Fungicide, and 

Rodenticide Act and the Federal Water Pollution Control 

Act to clarify Congressional intent regarding the regulation of the use of pesticides in or near navigable waters, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Reducing Regulatory 

3 Burdens Act of 2017’’. 

4 SEC. 2. USE OF AUTHORIZED PESTICIDES. 

5 Section 3(f) of the Federal Insecticide, Fungicide, 

6 and Rodenticide Act (7 U.S.C. 136a(f)) is amended by 

7 adding at the end the following: 

8 ‘‘(5) USE OF AUTHORIZED PESTICIDES.—Ex9 cept as provided in section 402(s) of the Federal 

10 Water Pollution Control Act, the Administrator or a 

11 State may not require a permit under such Act for 

12 a discharge from a point source into navigable 

13 waters of a pesticide authorized for sale, distribu14 tion, or use under this Act, or the residue of such 

15 a pesticide, resulting from the application of such 

16 pesticide.’’. 

17 SEC. 3. DISCHARGES OF PESTICIDES. 

18 Section 402 of the Federal Water Pollution Control 

19 Act (33 U.S.C. 1342) is amended by adding at the end 

20 the following: 

21 ‘‘(s) DISCHARGES OF PESTICIDES.— 

22 ‘‘(1) NO PERMIT REQUIREMENT.—Except as 

23 provided in paragraph (2), a permit shall not be re24 quired by the Administrator or a State under this 

25 Act for a discharge from a point source into navi26 gable waters of a pesticide authorized for sale, disVerDate Sep 11 2014 20:56 Feb 14, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H953.IH H953

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1 tribution, or use under the Federal Insecticide, Fun2 gicide, and Rodenticide Act, or the residue of such 

3 a pesticide, resulting from the application of such 

4 pesticide. 

5 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 

6 apply to the following discharges of a pesticide or 

7 pesticide residue: 

8 ‘‘(A) A discharge resulting from the appli9 cation of a pesticide in violation of a provision 

10 of the Federal Insecticide, Fungicide, and 

11 Rodenticide Act that is relevant to protecting 

12 water quality, if— 

13 ‘‘(i) the discharge would not have oc14 curred but for the violation; or 

15 ‘‘(ii) the amount of pesticide or pes16 ticide residue in the discharge is greater 

17 than would have occurred without the vio18 lation. 

19 ‘‘(B) Stormwater discharges subject to reg20 ulation under subsection (p). 

21 ‘‘(C) The following discharges subject to 

22 regulation under this section: 

23 ‘‘(i) Manufacturing or industrial efflu24 ent. 

25 ‘‘(ii) Treatment works effluent. 


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1 ‘‘(iii) Discharges incidental to the nor2 mal operation of a vessel, including a dis3 charge resulting from ballasting operations 

4 or vessel biofouling prevention.’’. 

Æ 


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