,,ii #aaeth ,,congress #b;d ,session ,s4 #bffc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #ab1 #bjah ,mr4 ,barrasso 7for himself1 ,mrs4 ,capito1 ,mr4 ,crapo1 ,mr4 ,cotton1 ,mr4 ,enzi1 ,mrs4 ,fischer1 ,mr4 ,grassley1 ,mr4 ,inhofe1 ,mr4 ,risch1 and ,mr4 ,roberts7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to modify and improve provisions relating to environmental requirements for agriculture and agricultural producers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,agriculture ,creates ,real ,employment ,act or the ,,acre ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,director ,the term ,director means the ,director of the ,united ,states ,fish and ,wildlife ,service4 #c4 ,predatory and other wild animals ,section #a of the ,act of ,march #b1 #aica 7#g ,u4,s4,c4 #hcea71 is amended-- 7#a7 in the second sentence1 by striking ,the ,secretary and inserting the following3 7b7 ,administration ,the ,secretary 2 7#b7 in the first sentence1 by striking ,the ,secretary and inserting the following3 7a7 ,in general ,the ,secretary 2 and 7#c7 by adding at the end the following3 7c7 ,action by ,,fws ,the ,director of the ,united ,states ,fish and ,wildlife ,service shall use the most expeditious procedure practicable to process and administer permits for take of-- 7#a7 a depredating eagle under the ,act of ,june #h1 #aidj 7commonly known as the ,bald ,eagle ,protection ,act7 7#ed ,stat4 #bej1 chapter #bgh2 #af ,u4,s4,c4 #ffh et seq471 or sections #bb4aa through #bb4cb of title #ej1 ,code of ,federal ,regulations 7or successor regulations7 7including depredation of livestock1 wildlife1 and species protected under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 or any other ,federal management program72 or 7#b7 a migratory bird included on the list under section #aj4ac of title #ej1 ,code of ,federal ,regulations 7or successor regulations7 that is posing a conflict4 4 #d4 ,exemption of exportation of certain echinoderms from permission and licensing requirements 7a7 ,exemption ,not later than #cj days after the date of enactment of this ,act1 the ,director shall amend section #ad4ib of title #ej1 ,code of ,federal ,regulations1 to clarify that-- 7#a7 fish or wildlife described in subsection 7b7 are fishery products exempt from the export permission requirements of section #i7;d77#a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aech7;d77#a772 and 7#b7 any person may engage in business as an exporter of fish or wildlife described in subsection 7b7 without procuring-- 7,a7 permission under section #i7;d77#a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aech7;d77#a772 or 7,b7 an export license under subpart ,i of part #ad of title #ej1 ,code of ,federal ,regulations 7or successor regulations74 7b7 ,covered fish or wildlife ,the fish or wildlife referred to in subsection 7a7 are members of the phylum ,echinodermata that are commonly known as sea urchins and sea cucumbers 7including any products of those members of the phylum ,echinodermata7 that-- 7#a7 do not require a permit under part #af1 #ag1 or #bc of title #ej1 ,code of ,federal ,regulations 7or successor regulations72 7#b7 7,a7 are harvested in waters under the jurisdiction of the ,united ,states2 or 7,b7 are processed in the ,united ,states2 and 7#c7 are-- 7,a7 exported for purposes of human or animal consumption2 or 7,b7 taken in waters under the jurisdiction of the ,united ,states or on the high seas for recreational purposes4 #e4 ,baiting of migratory game birds ,section #c of the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjd7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,prohibition of baiting 7#a7 ,definitions ,in this subsection3 7,a7 ,baited area 7i7 ,in general ,the term baited area means-- 7,i7 any area on which salt1 grain1 or other feed has been placed1 exposed1 deposited1 distributed1 or scattered1 if the salt1 grain1 or feed could lure or attract migratory game birds2 and 7,,ii7 in the case of waterfowl1 cranes 7family ,gruidae71 and coots 7family ,rallidae71 a standing1 unharvested crop that has been manipulated through activities such as mowing1 discing1 or rolling1 unless the activities are normal agricultural practices4 7ii7 ,exclusions ,an area shall not be considered to be a baited area if the area-- 7,i7 has been treated with a normal agricultural practice2 7,,ii7 has standing crops that have not been manipulated2 or 7,,iii7 has standing crops that have been or are flooded4 7,b7 ,baiting ,the term baiting means the direct or indirect placing1 exposing1 depositing1 distributing1 or scattering of salt1 grain1 or other feed that could lure or attract migratory game birds to1 on1 or over any areas on which a hunter is attempting to take migratory game birds4 7,c7 ,migratory game bird ,the term migratory game bird means migratory bird species-- 7i7 that are within the taxonomic families of ,anatidae1 ,columbidae1 ,gruidae1 ,rallidae1 and ,scolopacidae2 and 7ii7 for which open seasons are prescribed by the ,secretary of the ,interior4 7,d7 ,normal agricultural practice 7i7 ,in general ,the term normal agricultural practice means any practice in #a annual growing season that-- 7,i7 is carried out in order to produce a marketable crop1 including planting1 harvest1 post-harvest1 or soil conservation practices2 and 7,,ii7 is recommended for the successful harvest of a given crop by the applicable ,state office of the ,cooperative ,extension ,system of the ,department of ,agriculture1 in consultation with1 and if requested1 the concurrence of1 the head of the applicable ,state department of fish and wildlife4 7ii7 ,inclusions 7,i7 ,in general ,subject to subclause 7,,ii71 the term normal agricultural practice includes the destruction of a crop in accordance with practices required by the ,federal ,crop ,insurance ,corporation for agricultural producers to obtain crop insurance under the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq47 on land on which a crop during the current or immediately preceding crop year was not harvestable due to a natural disaster 7including any hurricane1 storm1 tornado1 flood1 high water1 wind-driven water1 tidal wave1 tsunami1 earthquake1 volcanic eruption1 landslide1 mudslide1 drought1 fire1 snowstorm1 or other catastrophe that is declared a major disaster by the ,president in accordance with section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj774 7,,ii7 ,limitations ,the term normal agricultural practice only includes a crop described in subclause 7,i7 that has been destroyed or manipulated through activities that include 7but are not limited to7 mowing1 discing1 or rolling if the ,federal ,crop ,insurance ,corporation certifies that flooding was not an acceptable method of destruction to obtain crop insurance under the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq474 7,e7 ,waterfowl ,the term waterfowl means native species of the family ,anatidae4 7#b7 ,prohibition ,it shall be unlawful for any person-- 7,a7 to take any migratory game bird by baiting or on or over any baited area1 if the person knows or reasonably should know that the area is a baited area2 or 7,b7 to place or direct the placement of bait on or adjacent to an area for the purpose of causing1 inducing1 or allowing any person to take or attempt to take any migratory game bird by baiting or on or over the baited area4 7#c7 ,regulations ,the ,secretary of the ,interior may promulgate regulations to implement this subsection4 7#d7 ,annual reports ,the ,secretary of ,agriculture shall submit to the ,secretary of the ,interior an annual report that describes any changes to normal agricultural practices across the range of crops grown by agricultural producers in each region of the ,united ,states in which the recommendations are provided to agricultural producers4 4 #f4 ,use of authorized pesticides2 discharges of pesticides2 report 7a7 ,use of authorized pesticides ,section #c7;f7 of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf;a7f77 is amended by adding at the end the following3 7#e7 ,use of authorized pesticides ,except as provided in subsection 7s7 of section #djb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb71 the ,administrator or a ,state shall not require a permit under that ,act for a discharge from a point source into navigable waters of-- 7,a7 a pesticide authorized for sale1 distribution1 or use under this ,act2 or 7,b7 the residue of the pesticide1 resulting from the application of the pesticide4 4 7b7 ,discharges of pesticides ,section #djb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7 is amended by adding at the end the following3 7s7 ,discharges of pesticides 7#a7 ,no permit requirement ,except as provided in paragraph 7#b71 a permit shall not be required by the ,administrator or a ,state under this ,act for a discharge from a point source into navigable waters of-- 7,a7 a pesticide authorized for sale1 distribution1 or use under the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf et seq472 or 7,b7 the residue of the pesticide1 resulting from the application of the pesticide4 7#b7 ,exceptions ,paragraph 7#a7 shall not apply to the following discharges of a pesticide or pesticide residue3 7,a7 ,a discharge resulting from the application of a pesticide in violation of a provision of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf et seq47 relevant to protecting water quality if-- 7i7 the discharge would not have occurred without the violation2 or 7ii7 the quantity of pesticide or pesticide residue in the discharge is greater than would have occurred without the violation4 7,b7 ,stormwater discharges subject to regulation under subsection 7p74 7,c7 ,the following discharges subject to regulation under this section3 7i7 ,manufacturing or industrial effluent4 7ii7 ,treatment works effluent4 7iii7 ,discharges incidental to the normal operation of a vessel1 including a discharge resulting from ballasting operations or vessel biofouling prevention4 4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,administrator1 in consultation with the ,secretary of ,agriculture1 shall submit a report to the ,committee on ,environment and ,public ,works and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate and the ,committee on ,transportation and ,infrastructure and the ,committee on ,agriculture of the ,house of ,representatives that includes-- 7#a7 the status of intra-agency coordination between the ,office of ,water and the ,office of ,pesticide ,programs of the ,environmental ,protection ,agency regarding streamlining information collection1 standards of review1 and data use relating to water quality impacts from the registration and use of pesticides2 7#b7 an analysis of the effectiveness of current regulatory actions relating to pesticide registration and use aimed at protecting water quality2 and 7#c7 any recommendations on how the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf et seq47 can be modified to better protect water quality and human health4 #g4 ,farmer identity protection 7a7 ,definitions ,in this section3 7#a7 ,agency ,the term ,agency means the ,environmental ,protection ,agency4 7#b7 ,livestock operation ,the term livestock operation includes any operation involved in the raising or finishing of livestock and poultry4 7b7 ,procurement and disclosure of information 7#a7 ,prohibition ,except as provided in paragraph 7#b71 the ,administrator1 any officer or employee of the ,agency1 or any contractor or cooperator of the ,agency1 shall not disclose the information of any owner1 operator1 or employee of a livestock operation provided to the ,agency by a livestock producer or a ,state agency in accordance with the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 or any other law1 including-- 7,a7 names2 7,b7 telephone numbers2 7,c7 email addresses2 7,d7 physical addresses2 7,e7 ,global ,positioning ,system coordinates2 7,f7 financial information1 including business records and production data2 or 7,g7 other identifying information regarding the location of the owner1 operator1 livestock1 or employee4 7#b7 ,effect ,nothing in this section affects-- 7,a7 the disclosure of information described in paragraph 7#a7 if-- 7i7 the information has been transformed into a statistical or aggregate form at the county level or higher without any information that identifies the agricultural operation or agricultural producer2 or 7ii7 the livestock producer consents to the disclosure2 7,b7 the authority of any ,state agency to collect information on livestock operations2 or 7,c7 the authority of the ,agency to disclose the information on livestock operations to ,state or other ,federal governmental agencies4 7#c7 ,condition of permit or other programs ,the approval of any permit1 practice1 or program administered by the ,administrator shall not be conditioned on the consent of the livestock producer under paragraph 7#b77;,a77ii74 #h4 ,privacy of agricultural producers 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means-- 7,a7 the ,administrator2 and 7,b7 in the case of an action taken pursuant to a permit program approved under section #djb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb71 the head of the ,state agency administering the program4 7#b7 ,aerial surveillance ,the term aerial surveillance means any surveillance from the air1 including-- 7,a7 surveillance conducted from manned or unmanned aircraft2 or 7,b7 the use of aerial or satellite images1 regardless of whether the images are publicly available4 7#c7 ,agricultural land 7,a7 ,in general ,the term agricultural land means land used primarily for agricultural production4 7,b7 ,inclusions ,the term agricultural land includes-- 7i7 cropland2 7ii7 grassland2 7iii7 prairie land2 7iv7 improved pastureland2 7v7 rangeland2 7vi7 cropped woodland2 7vii7 marshes2 7viii7 reclaimed land2 7ix7 fish or other aquatic species habitat2 7x7 land used for-- 7,i7 agroforestry2 or 7,,ii7 the production of livestock2 and 7xi7 land that contains existing infrastructure used for-- 7,i7 the production of livestock2 or 7,,ii7 another agricultural operation4 7b7 ,limitation on use of aerial surveillance 7#a7 ,in general ,subject to paragraph 7#b71 in exercising any authority under the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 the ,administrator may not conduct aerial surveillance of agricultural land4 7#b7 ,exceptions ,the ,administrator may conduct aerial surveillance of agricultural land under the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 if the ,administrator-- 7,a7 has obtained the voluntary written consent of the owner or operator of the land to be surveilled in accordance with subsection 7c72 or 7,b7 has obtained a certification of reasonable suspicion in accordance with subsection 7d74 7c7 ,voluntary written consent 7#a7 ,consent required ,in order to conduct aerial surveillance under subsection 7b77#b77;,a71 the ,administrator shall obtain from the owner or operator of the land to be surveilled written consent to such surveillance4 7#b7 ,contents ,the ,administrator shall ensure that any written consent required under paragraph 7#a7-- 7,a7 specifies the period during which the consent is effective1 which may not exceed #a year2 7,b7 contains a specific description of the geographical area to be surveilled2 and 7,c7 on the request of the owner or operator of the land to be surveilled1 contains limitations on the days and times during which the surveillance may be conducted4 7#c7 ,assurance of voluntary consent ,the ,administrator-- 7,a7 shall ensure that any written consent required under paragraph 7#a7 is granted voluntarily by the owner or operator of the land to be surveilled2 and 7,b7 may not threaten additional1 more detailed1 or more thorough inspections1 or otherwise coerce or entice the owner or operator1 in order to obtain written consent4 7d7 ,certification of reasonable suspicion 7#a7 ,in general ,in order to conduct aerial surveillance under subsection 7b77#b77;,b71 the ,administrator shall obtain from a ,united ,states district court of competent jurisdiction 7referred to in this subsection as a ,court7 a certification of reasonable suspicion in accordance with this subsection4 7#b7 ,certification requirements ,a ,court may issue to the ,administrator a certification of reasonable suspicion if-- 7,a7 the ,administrator submits to the ,court an affidavit setting forth specific and articulable facts that would indicate to a reasonable person that a violation of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 exists in the area to be surveilled2 and 7,b7 the ,court finds that the ,administrator has shown reasonable suspicion that an owner or operator of agricultural land in the area to be surveilled has violated the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq474 7e7 ,disclosure of information 7#a7 ,in general ,except as provided in paragraph 7#c71 or for the purposes of an investigation or prosecution by the ,administrator as described in subsection 7f71 the ,administrator may not disclose information collected through aerial surveillance conducted under subsection 7b77#b74 7#b7 ,applicability of ,,foia ,section #eeb of title #e1 ,united ,states ,code1 shall not apply to any information collected through aerial surveillance conducted under subsection 7b77#b74 7#c7 ,right to petition ,the owner or operator of land surveilled under this section has the right to petition for copies of the information collected through such surveillance4 7f7 ,destruction of information ,the ,administrator shall destroy information collected through aerial surveillance conducted under subsection 7b77#b7 not later than #cj days after collection1 unless the information is pertinent to an active investigation or prosecution by the ,administrator4 7g7 ,rule of construction ,nothing in this ,act expands the power of the ,administrator to inspect1 monitor1 or conduct surveillance of agricultural land pursuant to the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 or any other ,federal law4 #i4 ,regulations relating to the taking of double-crested cormorants 7a7 ,force and effect 7#a7 ,in general ,subject to subsection 7b71 sections #ba4dg and #ba4dh of title #ej1 ,code of ,federal ,regulations 7as in effect on ,january #a1 #bjaf71 shall have the force and effect of law4 7#b7 ,public notice ,the ,secretary of the ,interior 7referred to in this section as the ,secretary71 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service 7referred to in this section as the ,director71 shall notify the public of the authority provided by paragraph 7#a7 in a manner determined to be appropriate by the ,secretary4 7b7 ,sunset ,the authority provided by subsection 7a77#a7 shall terminate on the effective date of a regulation promulgated by the ,director after the date of enactment of this ,act to control depredation of double-crested cormorant populations4 7c7 ,rule of construction ,nothing in this section limits the authority of the ,director to promulgate regulations relating to the taking of double-crested cormorants under any other law4 #aj4 ,applicability of spill prevention1 control1 and countermeasure rule ,section #ajdi of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #acfa note2 #abh ,stat4 #abeg2 #acj ,stat4 #aijb7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,b71 by striking #bj1jjj and inserting #db1jjj2 7,b7 in paragraph 7#b71 by striking subparagraph 7,a7 and inserting the following3 7,a7 an aggregate aboveground storage capacity greater than #aj1jjj gallons but less than #db1jjj gallons2 and 2 7,c7 in paragraph 7#c7-- 7i7 by striking subparagraph 7,a7 and inserting the following3 7,a7 with an aggregate aboveground storage capacity of less than or equal to #aj1jjj gallons2 and 2 and 7ii7 in subparagraph 7,b71 by striking 2 and and inserting a period2 and 7,d7 by striking paragraph 7#d72 7#b7 in subsection 7c77#b77;,a7-- 7,a7 in clause 7i71 by striking #a1jjj and inserting #a1cbj2 and 7,b7 in clause 7ii71 by striking #b1ejj and inserting #c1jjj2 and 7#c7 by striking subsection 7d74