```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5071 Introduced in House (IH)]

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.

    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 ``Agricultural Conservation 
Flexibility Act of 2014''.

SEC. 2. RULES PERTAINING TO NON-PROHIBITED DISCHARGES OF DREDGED OR 
              FILL MATERIAL UNDER THE CLEAN WATER ACT.

    (a) In General.--Section 404(f)(1)(A) of the Federal Water 
Pollution Control Act (33 U.S.C. 1344(f)(1)(A)) shall be applied 
without regard to the interpretive rule issued on March 25, 2014, 
entitled ``U.S. Environmental Protection Agency and U.S. Department of 
the Army Interpretive Rule Regarding the Applicability of the Clean 
Water Act Section 404(f)(1)(A)''.
    (b) Rules of Construction for Certain Agricultural Activities.--
            (1) Soil and water conservation practices.--
                    (A) All soil and water conservation practices shall 
                be treated as normal farming, silviculture, and 
                ranching activities under section 404(f)(1)(A) of the 
                Federal Water Pollution Control Act (33 U.S.C. 
                1344(f)(1)(A)).
                    (B) No soil and water conservation practice shall 
                be treated as a new use of an area of navigable waters, 
                an impairment of the flow and circulation of navigable 
                waters, or a reduction in the reach of such waters 
                under section 404(f)(2) of the Federal Water Pollution 
                Control Act (33 U.S.C. 1344(f)(2)).
            (2) Normal farming, silviculture, and ranching 
        activities.--Normal farming, silviculture, and ranching 
        activities shall be treated as such without regard to the date 
        of commencement of such activities.

SEC. 3. WITHDRAWAL OF INTERPRETIVE RULE AND PROHIBITION OF FURTHER 
              AGENCY ACTION.

    (a) Withdrawal of Interpretive Rule.--The Secretary of the Army and 
the Administrator of the Environmental Protection Agency shall withdraw 
the interpretive rule described in section 2(a).
    (b) Prohibition of Further Agency Action.--
            (1) Neither the Secretary of the Army nor the Administrator 
        of the Environmental Protection Agency shall use the 
        interpretive rule described in section 2(a), or any 
        substantially similar rule or guidance, as the basis for any 
        rulemaking, decision, or action regarding the scope or 
        enforcement of the Federal Water Pollution Control Act (33 
        U.S.C. 1251 et seq.).
            (2) Any violation of paragraph (1) shall be grounds for 
        vacating the rule, decision, or action constituting such 
        violation.

SEC. 4. APPLICABILITY.

    This Act shall apply with respect to activities occurring on or 
after March 25, 2014.
                                 <all>
```