I 

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. 

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 ‘‘Agricultural Conserva5 tion Flexibility Act of 2014’’. 


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1 SEC. 2. RULES PERTAINING TO NON-PROHIBITED DIS2 CHARGES OF DREDGED OR FILL MATERIAL 

3 UNDER THE CLEAN WATER ACT. 

4 (a) IN GENERAL.—Section 404(f)(1)(A) of the Fed5 eral Water Pollution Control Act (33 U.S.C. 

6 1344(f)(1)(A)) shall be applied without regard to the in7 terpretive rule issued on March 25, 2014, entitled ‘‘U.S. 

8 Environmental Protection Agency and U.S. Department 

9 of the Army Interpretive Rule Regarding the Applicability 

10 of the Clean Water Act Section 404(f)(1)(A)’’. 

11 (b) RULES OF CONSTRUCTION FOR CERTAIN AGRI12 CULTURAL ACTIVITIES.— 

13 (1) SOIL AND WATER CONSERVATION PRAC14 TICES.— 

15 (A) All soil and water conservation prac16 tices shall be treated as normal farming, 

17 silviculture, and ranching activities under sec18 tion 404(f)(1)(A) of the Federal Water Pollu19 tion Control Act (33 U.S.C. 1344(f)(1)(A)). 

20 (B) No soil and water conservation prac21 tice shall be treated as a new use of an area of 

22 navigable waters, an impairment of the flow 

23 and circulation of navigable waters, or a reduc24 tion in the reach of such waters under section 

25 404(f)(2) of the Federal Water Pollution Con26 trol Act (33 U.S.C. 1344(f)(2)). 


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1 (2) NORMAL FARMING, SILVICULTURE, AND

2 RANCHING ACTIVITIES.—Normal farming, 

3 silviculture, and ranching activities shall be treated 

4 as such without regard to the date of commencement 

5 of such activities. 

6 SEC. 3. WITHDRAWAL OF INTERPRETIVE RULE AND PROHI7 BITION OF FURTHER AGENCY ACTION. 

8 (a) WITHDRAWAL OF INTERPRETIVE RULE.—The 

9 Secretary of the Army and the Administrator of the Envi10 ronmental Protection Agency shall withdraw the interpre11 tive rule described in section 2(a). 

12 (b) PROHIBITION OF FURTHER AGENCY ACTION.— 

13 (1) Neither the Secretary of the Army nor the 

14 Administrator of the Environmental Protection 

15 Agency shall use the interpretive rule described in 

16 section 2(a), or any substantially similar rule or 

17 guidance, as the basis for any rulemaking, decision, 

18 or action regarding the scope or enforcement of the 

19 Federal Water Pollution Control Act (33 U.S.C. 

20 1251 et seq.). 

21 (2) Any violation of paragraph (1) shall be 

22 grounds for vacating the rule, decision, or action 

23 constituting such violation. 


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1 SEC. 4. APPLICABILITY. 

2 This Act shall apply with respect to activities occur3 ring on or after March 25, 2014. 

Æ 


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