I 

109TH CONGRESS 

1ST SESSION H. R. 1749 

To amend the Federal Water Pollution Control Act to affirm that a permit 

is not required in certain circumstances, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 21, 2005 

Mr. OTTER (for himself, Mr. CARDOZA, Mr. DUNCAN, Mr. SIMPSON, Mr. NORWOOD, Mr. LEWIS of Kentucky, Mr. TERRY, Mr. HOSTETTLER, Mr. DOOLITTLE, Mr. KUHL of New York, Mr. PETERSON of Minnesota, Mr. CANNON, Miss MCMORRIS, Mr. OSBORNE, Mr. GOODLATTE, Mr. BERRY, Mr. 

BAKER, Mr. WICKER, Mr. HASTINGS of Washington, Mr. WALDEN of Oregon, Mr. SULLIVAN, Mr. BOUSTANY, Mr. REHBERG, Mr. POMBO, Mr. 

HOLDEN, Mr. LUCAS, Mr. TAYLOR of Mississippi, Mr. TAYLOR of North 

Carolina, Mr. BISHOP of Georgia, and Mr. SALAZAR) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure 

A BILL 

To amend the Federal Water Pollution Control Act to affirm 

that a permit is not required in certain circumstances, 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pest Management and 

5 Fire Suppression Flexibility Act’’. 
2 

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1 SEC. 2. HARMONIZATION. 

2 Section 402(l) of the Federal Water Pollution Control 

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

4 the following: 

5 ‘‘(3) PUBLIC HEALTH PROTECTION AND PEST

6 MANAGEMENT ACTIVITIES.—The Administrator shall 

7 not require a permit under this section, nor shall the 

8 Administrator directly or indirectly require a State 

9 to require such a permit, for— 

10 ‘‘(A) the use of a pesticide that is reg11 istered or otherwise approved for use pursuant 

12 to the Federal Insecticide, Fungicide, and 

13 Rodenticide Act (7 U.S.C. 136 et seq.), and 

14 such use is in accordance with the relevant pro15 visions of its approved labeling; 

16 ‘‘(B) the use of a fire retardant, chemical, 

17 or water for fire suppression, control, or preven18 tion in accordance with relevant Federal guide19 lines by or in cooperation with the Federal Gov20 ernment or State government; 

21 ‘‘(C) silviculture activities, except the point 

22 source activities listed in section 122.27(b)(1) 

23 of title 40, Code of Federal Regulations, on the 

24 date of enactment of the Pest Management and 

25 Fire Suppression Flexibility Act; and 
3 

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1 ‘‘(D) the use of a biological control orga2 nism, as defined by section 403 of the Plant 

3 Protection Act (7 U.S.C. 7702), for the preven4 tion, control, or eradication of a plant pest or 

5 noxious weed, and other plant pest, noxious 

6 weed and pest control activities authorized by 

7 that Act (7 U.S.C. 7701) et seq.).’’. 

8 SEC. 3. POINT SOURCE DEFINED. 

9 Section 502(14) of the Federal Water Pollution Con10 trol Act (33 U.S.C. 1362(14)) is amended by striking the 

11 second sentence and inserting the following: ‘‘This term 

12 does not include agricultural stormwater discharges, re13 turn flows from irrigated agriculture, or the public health 

14 protection, pest management, and silvicultural activities 

15 described in section 402(l)(3)’’. 

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