I 
112TH CONGRESS 
1ST SESSION H. R. 3323 
To reduce the regulatory burden on the agricultural sector of the national 
economy. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 2, 2011 
Mr. HUELSKAMP introduced the following bill; which was referred to the Com-
mittee on Agriculture, and in addition to the Committees on Energy and 
Commerce, Transportation and Infrastructure, Ways and Means, and 
Education and the Workforce, 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 
A BILL 
To reduce the regulatory burden on the agricultural sector 
of the national economy. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Freeing Agriculture to Reap More Act’’. 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
Sec. 101. No regulation of emissions of greenhouse gases under the Clean Air 
Act. 
Sec. 102. Exemptions from requirements for certain farm vehicles. 
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Sec. 103. Prohibition of revision to coarse particulate matter air quality stand-
ards. 
Sec. 104. Rule of construction of OSHA safety standard relating to the use of 
sweep augers. 
Sec. 105. Hazardous material endorsement exemption. 
Sec. 106. Definition of waters of the United States. 
Sec. 107. Prohibition of imposition of fee or tax on gaseous emissions by live-
stock. 
Sec. 108. Pesticide regulations. 
Sec. 109. Gross income exception for dealers under the Animal Welfare Act. 
Sec. 110. Prohibition on provision of Department of Agriculture funds and ad-
ministrative support for White House Rural Council. 
Sec. 111. Prohibition against inclusion of indirect emissions from land use 
changes. 
Sec. 112. Delay of effective date of derivatives regulations pending cumulative 
analysis. 
Sec. 113. Transportation of agricultural commodities and farm supplies. 
Sec. 114. Restriction on rulemaking related to child agricultural labor. 
SEC. 101. NO REGULATION OF EMISSIONS OF GREENHOUSE 
GASES UNDER THE CLEAN AIR ACT. 
Title III of the Clean Air Act (42 U.S.C. 7601 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 330. NO REGULATION OF EMISSIONS OF GREEN-
HOUSE GASES. 
‘‘(a) DEFINITION.—In this section, the term ‘green-
house gas’ means any of the following: 
‘‘(1) Water vapor. 
‘‘(2) Carbon dioxide. 
‘‘(3) Methane. 
‘‘(4) Nitrous oxide. 
‘‘(5) Sulfur hexafluoride. 
‘‘(6) Hydrofluorocarbons. 
‘‘(7) Perfluorocarbons. 
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‘‘(8) Any other substance subject to, or pro-
posed to be subject to, regulation, action, or consid-
eration under this Act to address climate change. 
‘‘(b) LIMITATION ON AGENCY ACTION.— 
‘‘(1) LIMITATION.— 
‘‘(A) IN
GENERAL.—The Administrator 
may not, under this Act, promulgate any regu-
lation concerning, take action relating to, or 
take into consideration the emission of a green-
house gas to address climate change. 
‘‘(B) AIR
POLLUTANT
DEFINITION.—The 
definition of the term ‘air pollutant’ in section 
302(g) does not include a greenhouse gas. Not-
withstanding the previous sentence, such defini-
tion may include a greenhouse gas for purposes 
of addressing concerns other than climate 
change. 
‘‘(2) EXCEPTIONS.—Paragraph (1) does not 
prohibit the following: 
‘‘(A) Notwithstanding paragraph (4)(B), 
implementation and enforcement of the rule en-
titled ‘Light-Duty Vehicle Greenhouse Gas 
Emission Standards and Corporate Average 
Fuel Economy Standards’ (as published at 75 
Fed. Reg. 25324 (May 7, 2010) and without 
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further revision) and finalization, implementa-
tion, enforcement, and revision of the proposed 
rule entitled ‘Greenhouse Gas Emissions Stand-
ards 
and 
Fuel 
Efficiency 
Standards 
for 
Medium- and Heavy-Duty Engines and Vehi-
cles’ published at 75 Fed. Reg. 74152 (Novem-
ber 30, 2010). 
‘‘(B) Implementation and enforcement of 
section 211(o). 
‘‘(C) Statutorily authorized Federal re-
search, development, demonstration programs 
and voluntary programs addressing climate 
change. 
‘‘(D) Implementation and enforcement of 
title VI to the extent such implementation or 
enforcement only involves one or more class I 
substances or class II substances (as such 
terms are defined in section 601). 
‘‘(E) Implementation and enforcement of 
section 821 (42 U.S.C. 7651k note) of Public 
Law 101–549 (commonly referred to as the 
‘Clean Air Act Amendments of 1990’). 
‘‘(3) INAPPLICABILITY OF PROVISIONS.—Noth-
ing listed in paragraph (2) shall cause a greenhouse 
gas to be subject to part C of title I (relating to pre-
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vention of significant deterioration of air quality) or 
considered an air pollutant for purposes of title V 
(relating to permits). 
‘‘(4) CERTAIN PRIOR AGENCY ACTIONS.—The 
following rules and actions (including any supple-
ment or revision to such rules and actions) are re-
pealed and shall have no legal effect: 
‘‘(A) ‘Mandatory Reporting of Greenhouse 
Gases’, published at 74 Fed. Reg. 56260 (Octo-
ber 30, 2009). 
‘‘(B) ‘Endangerment and Cause or Con-
tribute Findings for Greenhouse Gases Under 
Section 202(a) of the Clean Air Act’, published 
at 74 Fed. Reg. 66496 (December 15, 2009). 
‘‘(C) ‘Reconsideration of Interpretation of 
Regulations That Determine Pollutants Covered 
by Clean Air Act Permitting Programs’, pub-
lished at 75 Fed. Reg. 17004 (April 2, 2010) 
and the memorandum from Stephen L. John-
son, Environmental Protection Agency (EPA) 
Administrator, to EPA Regional Administra-
tors, concerning ‘EPA’s Interpretation of Regu-
lations that Determine Pollutants Covered by 
Federal Prevention of Significant Deterioration 
(PSD) Permit Program’ (December 18, 2008). 
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‘‘(D) ‘Prevention of Significant Deteriora-
tion and Title V Greenhouse Gas Tailoring 
Rule’, published at 75 Fed. Reg. 31514 (June 
3, 2010). 
‘‘(E) ‘Action To Ensure Authority To 
Issue Permits Under the Prevention of Signifi-
cant Deterioration Program to Sources of 
Greenhouse Gas Emissions: Finding of Sub-
stantial Inadequacy and SIP Call’, published at 
75 Fed. Reg. 77698 (December 13, 2010). 
‘‘(F) ‘Action To Ensure Authority To 
Issue Permits Under the Prevention of Signifi-
cant Deterioration Program to Sources of 
Greenhouse Gas Emissions: Finding of Failure 
To Submit State Implementation Plan Revi-
sions Required for Greenhouse Gases’, pub-
lished at 75 Fed. Reg. 81874 (December 29, 
2010). 
‘‘(G) ‘Action To Ensure Authority To 
Issue Permits Under the Prevention of Signifi-
cant Deterioration Program to Sources of 
Greenhouse Gas Emissions: Federal Implemen-
tation Plan’, published at 75 Fed. Reg. 82246 
(December 30, 2010). 
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‘‘(H) ‘Action To Ensure Authority to Im-
plement Title V Permitting Programs Under 
the Greenhouse Gas Tailoring Rule’, published 
at 75 Fed. Reg. 82254 (December 30, 2010). 
‘‘(I) ‘Determinations Concerning Need for 
Error Correction, Partial Approval and Partial 
Disapproval, and Federal Implementation Plan 
Regarding Texas Prevention of Significant De-
terioration Program’, published at 75 Fed. Reg. 
82430 (December 30, 2010). 
‘‘(J) ‘Limitation of Approval of Prevention 
of Significant Deterioration Provisions Con-
cerning Greenhouse Gas Emitting-Sources in 
State Implementation Plans’, published at 75 
Fed. Reg. 82536 (December 30, 2010). 
‘‘(K) ‘Determinations Concerning Need for 
Error Correction, Partial Approval and Partial 
Disapproval, and Federal Implementation Plan 
Regarding Texas Prevention of Significant De-
terioration Program; Proposed Rule’, published 
at 75 Fed. Reg. 82365 (December 30, 2010). 
‘‘(L) Except for actions listed in paragraph 
(2), any other Federal action under this Act oc-
curring before the date of enactment of this 
section that applies a stationary source permit-
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ting requirement or an emissions standard for 
a greenhouse gas to address climate change. 
‘‘(5) STATE ACTION.— 
‘‘(A) NO LIMITATION.—This section does 
not limit or otherwise affect the authority of a 
State to adopt, amend, enforce, or repeal State 
laws and regulations pertaining to the emission 
of a greenhouse gas. 
‘‘(B) EXCEPTION.— 
‘‘(i) 
RULE.—Notwithstanding 
sub-
paragraph (A), any provision described in 
clause (ii)— 
‘‘(I) is not federally enforceable; 
‘‘(II) is not deemed to be a part 
of Federal law; and 
‘‘(III) is deemed to be stricken 
from the plan described in clause 
(ii)(I) or the program or permit de-
scribed in clause (ii)(II), as applicable. 
‘‘(ii) PROVISION DEFINED.—For pur-
poses of clause (i), the term ‘provision’ 
means any provision that— 
‘‘(I) is contained in a State im-
plementation plan under section 110 
and authorizes or requires a limitation 
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on, or imposes a permit requirement 
for, the emission of a greenhouse gas 
to address climate change; or 
‘‘(II) is part of an operating per-
mit program under title V, or a per-
mit issued pursuant to title V, and 
authorizes or requires a limitation on 
the emission of a greenhouse gas to 
address climate change. 
‘‘(C) ACTION
BY
ADMINISTRATOR.—The 
Administrator may not approve or make feder-
ally enforceable any provision described in sub-
paragraph (B)(ii).’’. 
SEC. 102. EXEMPTIONS FROM REQUIREMENTS FOR CER-
TAIN FARM VEHICLES. 
(a) FEDERAL REQUIREMENTS.—A covered farm ve-
hicle, including the individual operating that vehicle, shall 
be exempt from the following: 
(1) Any requirement relating to commercial 
driver’s licenses established under chapter 313 of 
title 49, United States Code. 
(2) Any requirement relating to drug testing es-
tablished under chapter 313 of title 49, United 
States Code. 
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(3) Any requirement relating to medical certifi-
cates established under chapter 313 of title 49, 
United States Code. 
(4) Any requirement relating to hours of service 
established under— 
(A) subchapter III of chapter 311 of title 
49, United States Code; or 
(B) chapter 315 of title 49, United States 
Code. 
(b) STATE REQUIREMENTS.— 
(1) IN GENERAL.—Federal transportation fund-
ing to a State may not be terminated, limited, or 
otherwise interfered with as a result of the State ex-
empting a covered farm vehicle, including the indi-
vidual operating that vehicle, from any State re-
quirement relating to the operation of that vehicle. 
(2) EXCEPTION.—Paragraph (1) does not apply 
with respect to a covered farm vehicle transporting 
hazardous materials that require a placard. 
(c) COVERED FARM VEHICLE DEFINED.— 
(1) IN
GENERAL.—In this section, the term 
‘‘covered farm vehicle’’ means a motor vehicle that— 
(A) is traveling— 
(i) in the State in which the vehicle is 
registered; or 
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(ii) in a State other than the State in 
which the vehicle is registered; 
(B) is operated by— 
(i) a farm owner; 
(ii) a ranch owner; 
(iii) a farm operator; 
(iv) a ranch operator; or 
(v) an employee or family member of 
an individual specified in clauses (i) 
through (iv); 
(C) is transporting— 
(i) agricultural commodities; 
(ii) livestock; or 
(iii) machinery or supplies to or from 
a farm or ranch; 
(D) except as provided in paragraph (2), is 
not used in the operations of a for-hire motor 
carrier; and 
(E) is equipped with a special license plate 
or other designation by the State in which the 
vehicle is registered to allow for identification of 
the vehicle as a farm vehicle by law enforcement 
personnel. 
(2) INCLUSION.—In this section, the term ‘‘cov-
ered farm vehicle’’ includes a motor vehicle— 
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(A) operated pursuant to a crop share 
farm lease agreement; 
(B) owned by a tenant with respect to that 
agreement; and 
(C) transporting the landlord’s portion of 
the crops under that agreement. 
SEC. 103. PROHIBITION OF REVISION TO COARSE PARTICU-
LATE MATTER AIR QUALITY STANDARDS. 
(a) PROHIBITION.—The Administrator of the Envi-
ronmental Protection Agency may not propose, finalize, 
implement, or enforce any regulation described in sub-
section (c) if the Administrator determines pursuant to 
subsection (b) that such regulation will incur compliance 
costs in the United States of more than $100,000,000 an-
nually. 
(b) DETERMINATION.—In developing any regulation 
described in subsection (c), the Administrator shall deter-
mine the annual compliance costs of such regulation in 
the United States. 
(c) REGULATION
DESCRIBED.—A regulation de-
scribed in this subsection is a regulation that— 
(1) revises the national primary ambient air 
quality standard or the national secondary ambient 
air quality standard applicable to coarse particulate 
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matter (generally referred to as ‘‘PM10’’) under sec-
tion 109 of the Clean Air Act (42 U.S.C. 7409); and 
(2) is proposed or finalized on or after the date 
of enactment of this Act. 
SEC. 104. RULE OF CONSTRUCTION OF OSHA SAFETY 
STANDARD RELATING TO THE USE OF SWEEP 
AUGERS. 
Neither section 1910.272(g)(1)(ii) of title 29, Code 
of Federal Regulations, nor any other occupational safety 
and health standard shall be construed by the Occupa-
tional Safety and Health Commission as prohibiting an 
employee from working inside a grain bin while a sweep 
auger is in operation. 
SEC. 105. HAZARDOUS MATERIAL ENDORSEMENT EXEMP-
TION. 
(a) EXCLUSION.—Section 5117(d)(1) of title 49, 
United States Code, is amended— 
(1) in subparagraph (B), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (C), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(D) a service vehicle carrying diesel fuel 
in quantities of 3,785 liters (1,000 gallons) or 
less that is— 
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‘‘(i) driven by a class A commercial 
driver’s license holder who is a custom har-
vester, an agricultural retailer, an agricul-
tural business employee, an agricultural 
cooperative employee, or an agricultural 
producer; and 
‘‘(ii) clearly marked with a placard 
reading ‘Diesel Fuel’.’’. 
(b) EXEMPTION.—Section 31315(b) of title 49, 
United States Code, is amended by adding at the end the 
following: 
‘‘(8) HAZARDOUS
MATERIALS
ENDORSEMENT 
EXEMPTION.—The Secretary shall exempt all class A 
commercial driver’s license holders who are custom 
harvesters, agricultural retailers, agricultural busi-
ness employees, agricultural cooperative employees, 
or agricultural producers from the requirement to 
obtain a hazardous material endorsement under part 
383 of title 49, Code of Federal Regulations, while 
operating a service vehicle carrying diesel fuel in 
quantities of 3,785 liters (1,000 gallons) or less if 
the tank containing such fuel is clearly marked with 
a placard reading ‘Diesel Fuel’.’’. 
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SEC. 106. DEFINITION OF WATERS OF THE UNITED STATES. 
The Administrator of the Environmental Protection 
Agency and the Secretary of the Army may not alter the 
meaning of the terms ‘‘navigable waters’’ and ‘‘waters of 
the United States’’ in relation to regulations promulgated 
pursuant to the Federal Water Pollution Control Act as 
such terms are understood on the date of the enactment 
of this Act. 
SEC. 107. PROHIBITION OF IMPOSITION OF FEE OR TAX ON 
GASEOUS EMISSIONS BY LIVESTOCK. 
Notwithstanding any other provision of law, in car-
rying out any Act or program to reduce the effects of 
greenhouse gas emissions on climate change, no Federal 
agency or official shall impose a fee or tax on gaseous 
emissions emitted directly by livestock. 
SEC. 108. PESTICIDE REGULATIONS. 
(a) USE OF AUTHORIZED PESTICIDES.—Section 3(f) 
of the Federal Insecticide, Fungicide, and Rodenticide Act 
(7 U.S.C. 136a(f)) is amended by adding at the end the 
following: 
‘‘(5) USE
OF
AUTHORIZED
PESTICIDES.—Ex-
cept as provided in section 402(s) of the Federal 
Water Pollution Control Act, the Administrator or a 
State may not require a permit under such Act for 
a discharge from a point source into navigable 
waters of a pesticide authorized for sale, distribu-
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tion, or use under this Act, or the residue of such 
a pesticide, resulting from the application of such 
pesticide.’’. 
(b) DISCHARGES OF PESTICIDES.—Section 402 of 
the Federal Water Pollution Control Act (33 U.S.C. 1342) 
is amended by adding at the end the following: 
‘‘(s) DISCHARGES OF PESTICIDES.— 
‘‘(1) NO
PERMIT
REQUIREMENT.—Except as 
provided in paragraph (2), a permit shall not be re-
quired by the Administrator or a State under this 
Act for a discharge from a point source into navi-
gable waters of a pesticide authorized for sale, dis-
tribution, or use under the Federal Insecticide, Fun-
gicide, and Rodenticide Act, or the residue of such 
a pesticide, resulting from the application of such 
pesticide. 
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 
apply to the following discharges of a pesticide or 
pesticide residue: 
‘‘(A) A discharge resulting from the appli-
cation of a pesticide in violation of a provision 
of the Federal Insecticide, Fungicide, and 
Rodenticide Act that is relevant to protecting 
water quality, if— 
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‘‘(i) the discharge would not have oc-
curred but for the violation; or 
‘‘(ii) the amount of pesticide or pes-
ticide residue in the discharge is greater 
than would have occurred without the vio-
lation. 
‘‘(B) Stormwater discharges subject to reg-
ulation under subsection (p). 
‘‘(C) The following discharges subject to 
regulation under this section: 
‘‘(i) Manufacturing or industrial efflu-
ent. 
‘‘(ii) Treatment works effluent. 
‘‘(iii) Discharges incidental to the nor-
mal operation of a vessel, including a dis-
charge resulting from ballasting operations 
or vessel biofouling prevention.’’. 
SEC. 109. GROSS INCOME EXCEPTION FOR DEALERS UNDER 
THE ANIMAL WELFARE ACT. 
Section 2(f)(ii) of the Animal Welfare Act (7 U.S.C. 
2132(f)) is amended— 
(1) by striking ‘‘$500’’ and inserting ‘‘$5,000’’; 
and 
(2) by adding after ‘‘year’’ the following: ‘‘, ex-
cept that the Secretary shall annually increase the 
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