IB 

Union Calendar No. 346 

113TH CONGRESS 

2D SESSION H. R. 935 

[Report No. 113–467, Parts I and II] 

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 

MARCH 4, 2013 

Mr. GIBBS (for himself, Mr. AUSTIN SCOTT of Georgia, Mr. SCHRADER, and 

Mr. MCINTYRE) 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 

JUNE 2, 2014 

Additional sponsors: Mr. SIMPSON, Mr. RODNEY DAVIS of Illinois, Mr. 

RIBBLE, Mr. LAMALFA, Mr. DENHAM, Mr. MCCAUL, Mr. JONES, Mr. 

HUELSKAMP, Mr. KINZINGER of Illinois, Mr. HUIZENGA of Michigan, Mr. 

ROKITA, Mr. YODER, Mr. WALDEN, Mr. FORBES, Mr. SOUTHERLAND, 

Mr. BISHOP of Georgia, Mr. CONAWAY, Mr. BONNER, Mrs. LUMMIS, Mr. 

NUNNELEE, Mr. SMITH of Nebraska, Mr. VALADAO, Mr. MARINO, Mr. 

KING of Iowa, Mr. KINGSTON, Mr. PETERSON, Mr. LUCAS, Mr. JOHNSON

of Ohio, Mr. POE of Texas, Mr. STOCKMAN, Mr. HUDSON, Mrs. 

HARTZLER, Mr. ENYART, Mr. GUTHRIE, Mr. CRAWFORD, Mr. 

STUTZMAN, Mr. COSTA, Mr. BACHUS, Mr. GARDNER, Mr. HULTGREN, 

Mrs. ELLMERS, Mr. GOSAR, Mr. THORNBERRY, Mr. ROGERS of Alabama, 

Mr. SALMON, Mr. SCHWEIKERT, Mr. COTTON, Mr. DESJARLAIS, Mr. 

KLINE, Mr. BARLETTA, Mr. STIVERS, Mr. GINGREY of Georgia, Mrs. 

ROBY, Mr. FLEISCHMANN, Mr. POMPEO, Mrs. NOEM, Mr. CRAMER, Mr. 

CASSIDY, and Mr. CRENSHAW

JUNE 2, 2014 

Reported from the Committee on Transportation and Infrastructure 


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JUNE 2, 2014 

Reported from the Committee on Agriculture; committed to the Committee of 

the Whole House on the State of the Union and ordered to be printed 

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. 


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

3 SECTION 1. SHORT TITLE. 

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

5 Burdens Act of 2013’’. 

6 SEC. 2. USE OF AUTHORIZED PESTICIDES. 

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

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

9 adding at the end the following: 

10 ‘‘(5) USE OF AUTHORIZED PESTICIDES.—Ex11 cept as provided in section 402(s) of the Federal 

12 Water Pollution Control Act, the Administrator or a 

13 State may not require a permit under such Act for 

14 a discharge from a point source into navigable 

15 waters of a pesticide authorized for sale, distribu16 tion, or use under this Act, or the residue of such 

17 a pesticide, resulting from the application of such 

18 pesticide.’’. 

19 SEC. 3. DISCHARGES OF PESTICIDES. 

20 Section 402 of the Federal Water Pollution Control 

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

22 the following: 

23 ‘‘(s) DISCHARGES OF PESTICIDES.— 

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

25 provided in paragraph (2), a permit shall not be reVerDate Mar 15 2010 21:47 Jun 02, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H935.RH H935

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1 quired by the Administrator or a State under this 

2 Act for a discharge from a point source into navi3 gable waters of a pesticide authorized for sale, dis4 tribution, or use under the Federal Insecticide, Fun5 gicide, and Rodenticide Act, or the residue of such 

6 a pesticide, resulting from the application of such 

7 pesticide. 

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

9 apply to the following discharges of a pesticide or 

10 pesticide residue: 

11 ‘‘(A) A discharge resulting from the appli12 cation of a pesticide in violation of a provision 

13 of the Federal Insecticide, Fungicide, and 

14 Rodenticide Act that is relevant to protecting 

15 water quality, if— 

16 ‘‘(i) the discharge would not have oc17 curred but for the violation; or 

18 ‘‘(ii) the amount of pesticide or pes19 ticide residue in the discharge is greater 

20 than would have occurred without the vio21 lation. 

22 ‘‘(B) Stormwater discharges subject to reg23 ulation under subsection (p). 

24 ‘‘(C) The following discharges subject to 

25 regulation under this section: 


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1 ‘‘(i) Manufacturing or industrial efflu2 ent. 

3 ‘‘(ii) Treatment works effluent. 

4 ‘‘(iii) Discharges incidental to the nor5 mal operation of a vessel, including a dis6 charge resulting from ballasting operations 

7 or vessel biofouling prevention.’’. 


emcdonald on DSK67QTVN1PROD with BILLS
Union Calendar No. 346 

113TH CONGRESS 

2D SESSION H. R. 935 

[Report No. 113–467, Parts I and II] 

A BILL 

To amend the Federal Insecticide, Fungicide, and 

or near navigable waters, and for other purposes. garding the regulation of the use of pesticides in Control Act to clarify Congressional intent reRodenticide Act and the Federal Water Pollution 

JUNE 2, 2014 

Reported from the Committee on Transportation and 

J

Infrastructure 

UNE 2, 2014 

Reported from the Committee on Agriculture; committed 

the Union and ordered to be printed to the Committee of the Whole House on the State of 


emcdonald on DSK67QTVN1PROD with BILLS