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Union Calendar No. 495 

112TH CONGRESS 

2D SESSION H. R. 2541 

[Report No. 112–684] 

To amend the Federal Water Pollution Control Act to exempt the conduct 

of silvicultural activities from national pollutant discharge elimination 

system permitting requirements. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 14, 2011 

Ms. HERRERA BEUTLER (for herself, Mr. SCHRADER, Mr. MICHAUD, Mrs. 

MCMORRIS RODGERS, Ms. PINGREE of Maine, and Mr. WALDEN) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

SEPTEMBER 20, 2012 

Additional sponsors: Mr. SIMPSON, Mr. HASTINGS of Washington, Mr. 

BOREN, Mr. RAHALL, Mr. THOMPSON of Mississippi, Mr. MCINTYRE, 

Mrs. MYRICK, Mr. ROSS of Arkansas, Mr. KISSELL, Mr. HOLDEN, Mr. 

BARROW, Mr. BISHOP of Georgia, Mr. OWENS, Mrs. EMERSON, Ms. SEWELL, Mr. RIBBLE, Mr. THOMPSON of Pennsylvania, Mr. DICKS, Mrs. 

HARTZLER, Mr. BUTTERFIELD, Mr. PETERSON, Mr. GOODLATTE, Mr. 

JONES, Mrs. CAPITO, Mr. MULVANEY, Mr. ROGERS of Alabama, Mr. 

WESTMORELAND, Mr. LABRADOR, Mr. DUFFY, Mr. DUNCAN of South 

Carolina, Mr. NUNNELEE, Mr. REICHERT, Mr. GUTHRIE, Mrs. ROBY, 

Mrs. LUMMIS, Mrs. ELLMERS, Mr. CRAVAACK, Mr. ROGERS of Michigan, 

Mr. MCKINLEY, Mr. BENISHEK, Mr. WITTMAN, Mr. FLEMING, Mr. 

HUIZENGA of Michigan, Mr. GIBSON, Mr. WALBERG, Mr. DENHAM, Mr. 

GRIFFITH of Virginia, Mr. ADERHOLT, Mr. PETRI, Mr. BONNER, Mr. 

TIPTON, Mr. COFFMAN of Colorado, Mr. SOUTHERLAND, Mr. HURT, Mr. 

GIBBS, Mr. LANDRY, and Mr. BACHUS

SEPTEMBER 20, 2012 

Reported with an amendment, committed to the Committee of the Whole 

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

[Strike out all after the enacting clause and insert the part printed in italic] 


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•HR 2541 RH

A BILL 

To amend the Federal Water Pollution Control Act to exempt the conduct of silvicultural activities from national 

pollutant discharge elimination system permitting requirements. 


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•HR 2541 RH

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 ‘‘Silviculture Regulatory 

5 Consistency Act’’. 

6 SEC. 2. SILVICULTURAL ACTIVITIES. 

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

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

9 the following: 

10 ‘‘(3) SILVICULTURAL ACTIVITIES.— 

11 ‘‘(A) NPDES PERMIT REQUIREMENTS FOR

12 SILVICULTURAL ACTIVITIES.—The Adminis13 trator shall neither require a permit under this 

14 section, nor directly or indirectly require any 

15 State to require a permit under this section, for 

16 a discharge resulting from the conduct of any 

17 silvicultural activity, such as nursery oper18 ations, site preparation, reforestation and sub19 sequent cultural treatment, thinning, prescribed 

20 burning, pest and fire control, harvesting oper21 ations, surface drainage, or road use, construc22 tion, and maintenance, from which there is run23 off. 

24 ‘‘(B) PERMITS FOR DREDGED OR FILL MA25 TERIAL.—Nothing in this paragraph exempts 


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1 the conduct of a silvicultural activity resulting 

2 in the discharge of dredged or fill material from 

3 any permitting requirement under section 

4 404.’’. 

5 SECTION 1. SHORT TITLE. 

6 This Act may be cited as the ‘‘Silviculture Regulatory 

7 Consistency Act’’. 

8 SEC. 2. SILVICULTURAL ACTIVITIES. 

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

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

11 the following: 

12 ‘‘(3) SILVICULTURAL ACTIVITIES.— 

13 ‘‘(A) NPDES PERMIT REQUIREMENTS FOR

14 SILVICULTURAL ACTIVITIES.—The Administrator 

15 shall neither require a permit under this section, 

16 nor directly or indirectly require any State to 

17 require a permit under this section, for a dis18 charge resulting from the conduct of the following 

19 silvicultural activities: nursery operations, site 

20 preparation, reforestation and subsequent cul21 tural treatment, thinning, prescribed burning, 

22 pest and fire control, harvesting operations, sur23 face drainage, or road use, construction, and 

24 maintenance, from which there is runoff. 


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1 ‘‘(B) PERMITS FOR DREDGED OR FILL MA2 TERIAL.—Nothing in this paragraph exempts the 

3 conduct of a silvicultural activity resulting in 

4 the discharge of dredged or fill material from 

5 any permitting requirement under section 404.’’. 


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Union Calendar No. 495 

112TH CONGRESS 

2D SESSION H. R. 2541 

[Report No. 112–684] 

A BILL 

To amend the Federal Water Pollution Control Act 

tem permitting requirements. from national pollutant discharge elimination systo exempt the conduct of silvicultural activities 

SEPTEMBER 20, 2012 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


tkelley on DSK3SPTVN1PROD with BILLS