S.Amdt. 3294

SA 3294. Mr. BARRASSO (for himself, Mr. Risch, Mrs. Capito, Mr.
Crapo, Mr. Cotton, Mrs. Fischer, Mr. Inhofe, and Mr. Enzi) submitted an
amendment intended to be proposed by him to the bill H.R. 2, to provide
for the reform and continuation of agricultural and other programs of
the Department of Agriculture through fiscal year 2023, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title XII, add the following:

SEC. 125___. MODIFICATION OF ENVIRONMENTAL REQUIREMENTS FOR
AGRICULTURE AND AGRICULTURAL PRODUCERS.

(a) Predatory and Other Wild Animals.--Section 1 of the Act
of March 2, 1931 (7 U.S.C. 8351), is amended--
(1) in the second sentence, by striking ``The Secretary''
and inserting the following:
``(b) Administration.--The Secretary'';
(2) in the first sentence, by striking ``The Secretary''
and inserting the following:
``(a) In General.--The Secretary''; and
(3) by adding at the end the following:
``(c) 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--
``(1) a depredating eagle under the Act of June 8, 1940
(commonly known as the `Bald Eagle Protection Act') (54 Stat.
250, chapter 278; 16 U.S.C. 668 et seq.), or sections 22.11
through 22.32 of title 50, Code of Federal Regulations (or
successor regulations) (including depredation of livestock,
wildlife, and species protected under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) or any other Federal
management program); or
``(2) a migratory bird included on the list under section
10.13 of title 50, Code of Federal Regulations (or successor
regulations) that is posing a conflict.''.
(b) Use of Authorized Pesticides; Discharges of Pesticides;
Report.--
(1) 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.--Except as provided in
subsection (s) of section 402 of the Federal Water Pollution
Control Act (33 U.S.C. 1342), the Administrator or a State
shall not require a permit under that Act for a discharge
from a point source into navigable waters of--
``(A) a pesticide authorized for sale, distribution, or use
under this Act; or
``(B) the residue of the pesticide, resulting from the
application of the pesticide.''.
(2) 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 required by the
Administrator or a State under this Act for a discharge from
a point source into navigable waters of--
``(A) a pesticide authorized for sale, distribution, or use
under the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136 et seq.); or
``(B) the residue of the pesticide, resulting from the
application of the pesticide.
``(2) Exceptions.--Paragraph (1) shall not apply to the
following discharges of a pesticide or pesticide residue:
``(A) A discharge resulting from the application of a
pesticide in violation of a provision of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et
seq.) relevant to protecting water quality if--
``(i) the discharge would not have occurred without the
violation; or
``(ii) the quantity of pesticide or pesticide residue in
the discharge is greater than would have occurred without the
violation.
``(B) Stormwater discharges subject to regulation under
subsection (p).
``(C) The following discharges subject to regulation under
this section:
``(i) Manufacturing or industrial effluent.
``(ii) Treatment works effluent.
``(iii) Discharges incidental to the normal operation of a
vessel, including a discharge resulting from ballasting
operations or vessel biofouling prevention.''.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator''), in consultation with the Secretary, shall
submit a report to the Committee on Environment and Public
Works and the Committee on Agriculture, Nutrition, and
Forestry of the Senate and the Committee on Transportation
and Infrastructure and the Committee on Agriculture of the
House of Representatives that includes--
(A) 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 collection, standards of review, and data use
relating to water quality impacts from the registration and
use of pesticides;
(B) an analysis of the effectiveness of current regulatory
actions relating to pesticide registration and use aimed at
protecting water quality; and
(C) any recommendations on how the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) can be
modified to better protect water quality and human health.
(c) Farmer Identity Protection.--
(1) Definitions.--In this subsection:
(A) Agency.--The term ``Agency'' means the Environmental
Protection Agency.
(B) Livestock operation.--The term ``livestock operation''
includes any operation involved in the raising or finishing
of livestock and poultry.
(2) Procurement and disclosure of information.--
(A) Prohibition.--Except as provided in subparagraph (B),
the Administrator, any officer or employee of the Agency, or
any contractor or cooperator of the Agency, shall not
disclose the information of any owner, operator, 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 (33 U.S.C. 1251 et seq.)
or any other law, including--
(i) names;
(ii) telephone numbers;
(iii) email addresses;
(iv) physical addresses;
(v) Global Positioning System coordinates;

[[Page S4665]]

(vi) financial information, including business records and
production data; or
(vii) other identifying information regarding the location
of the owner, operator, livestock, or employee.
(B) Effect.--Nothing in this subsection affects--
(i) the disclosure of information described in subparagraph
(A) if--

(I) 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 producer; or
(II) the livestock producer consents to the disclosure;

(ii) the authority of any State agency to collect
information on livestock operations; or
(iii) the authority of the Agency to disclose the
information on livestock operations to State or other Federal
governmental agencies.
(C) Condition of permit or other programs.--The approval of
any permit, practice, or program administered by the
Administrator shall not be conditioned on the consent of the
livestock producer under subparagraph (B)(i)(II).
(d) Privacy of Agricultural Producers.--
(1) Definitions.--In this subsection:
(A) Administrator.--The term ``Administrator'' means--
(i) the Administrator; and
(ii) in the case of an action taken pursuant to a permit
program approved under section 402 of the Federal Water
Pollution Control Act (33 U.S.C. 1342), the head of the State
agency administering the program.
(B) Aerial surveillance.--The term ``aerial surveillance''
means any surveillance from the air, including--
(i) surveillance conducted from manned or unmanned
aircraft; or
(ii) the use of aerial or satellite images, regardless of
whether the images are publicly available.
(C) Agricultural land.--
(i) In general.--The term ``agricultural land'' means land
used primarily for agricultural production.
(ii) Inclusions.--The term ``agricultural land'' includes--

(I) cropland;
(II) grassland;
(III) prairie land;
(IV) improved pastureland;
(V) rangeland;
(VI) cropped woodland;
(VII) marshes;
(VIII) reclaimed land;
(IX) fish or other aquatic species habitat;
(X) land used for--

(aa) agroforestry; or
(bb) the production of livestock; and

(XI) land that contains existing infrastructure used for--

(aa) the production of livestock; or
(bb) another agricultural operation.
(2) Limitation on use of aerial surveillance.--
(A) In general.--Subject to subparagraph (B), in exercising
any authority under the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.), the Administrator may not conduct
aerial surveillance of agricultural land.
(B) Exceptions.--The Administrator may conduct aerial
surveillance of agricultural land under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.) if the
Administrator--
(i) has obtained the voluntary written consent of the owner
or operator of the land to be surveilled in accordance with
paragraph (3); or
(ii) has obtained a certification of reasonable suspicion
in accordance with paragraph (4).
(3) Voluntary written consent.--
(A) Consent required.--In order to conduct aerial
surveillance under paragraph (2)(B)(i), the Administrator
shall obtain from the owner or operator of the land to be
surveilled written consent to such surveillance.
(B) Contents.--The Administrator shall ensure that any
written consent required under subparagraph (A)--
(i) specifies the period during which the consent is
effective, which may not exceed 1 year;
(ii) contains a specific description of the geographical
area to be surveilled; and
(iii) on the request of the owner or operator of the land
to be surveilled, contains limitations on the days and times
during which the surveillance may be conducted.
(C) Assurance of voluntary consent.--The Administrator--
(i) shall ensure that any written consent required under
subparagraph (A) is granted voluntarily by the owner or
operator of the land to be surveilled; and
(ii) may not threaten additional, more detailed, or more
thorough inspections, or otherwise coerce or entice the owner
or operator, in order to obtain written consent.
(4) Certification of reasonable suspicion.--
(A) In general.--In order to conduct aerial surveillance
under paragraph (2)(B)(ii), the Administrator shall obtain
from a United States district court of competent jurisdiction
(referred to in this paragraph as a ``Court'') a
certification of reasonable suspicion in accordance with this
paragraph.
(B) Certification requirements.--A Court may issue to the
Administrator a certification of reasonable suspicion if--
(i) 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 (33 U.S.C. 1251 et seq.)
exists in the area to be surveilled; and
(ii) 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 (33 U.S.C. 1251 et
seq.).
(5) Disclosure of information.--
(A) In general.--Except as provided in subparagraph (C), or
for the purposes of an investigation or prosecution by the
Administrator as described in paragraph (6), the
Administrator may not disclose information collected through
aerial surveillance conducted under paragraph (2)(B).
(B) Applicability of foia.--Section 552 of title 5, United
States Code, shall not apply to any information collected
through aerial surveillance conducted under paragraph (2)(B).
(C) Right to petition.--The owner or operator of land
surveilled under this subsection has the right to petition
for copies of the information collected through such
surveillance.
(6) Destruction of information.--The Administrator shall
destroy information collected through aerial surveillance
conducted under paragraph (2)(B) not later than 30 days after
collection, unless the information is pertinent to an active
investigation or prosecution by the Administrator.
(7) Rule of construction.--Nothing in this section expands
the power of the Administrator to inspect, monitor, or
conduct surveillance of agricultural land pursuant to the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)
or any other Federal law.
(e) Regulations Relating to the Taking of Double-crested
Cormorants.--
(1) Force and effect.--
(A) In general.--Subject to paragraph (2), sections 21.47
and 21.48 of title 50, Code of Federal Regulations (as in
effect on January 1, 2016), shall have the force and effect
of law.
(B) Public notice.--The Secretary of the Interior (referred
to in this subsection as the ``Secretary''), acting through
the Director of the United States Fish and Wildlife Service
(referred to in this subsection as the ``Director''), shall
notify the public of the authority provided by subparagraph
(A) in a manner determined to be appropriate by the
Secretary.
(2) Sunset.--The authority provided by paragraph (1)(A)
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
populations.
(3) Rule of construction.--Nothing in this subsection
limits the authority of the Director to promulgate
regulations relating to the taking of double-crested
cormorants under any other law.
(f) Applicability of Spill Prevention, Control, and
Countermeasure Rule.--Section 1049 of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 1361 note; 128
Stat. 1257; 130 Stat. 1902) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(B), by striking ``20,000'' and
inserting ``42,000'';
(B) in paragraph (2), by striking subparagraph (A) and
inserting the following:
``(A) an aggregate aboveground storage capacity greater
than 10,000 gallons but less than 42,000 gallons; and'';
(C) in paragraph (3)--
(i) by striking subparagraph (A) and inserting the
following:
``(A) with an aggregate aboveground storage capacity of
less than or equal to 10,000 gallons; and''; and
(ii) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(D) by striking paragraph (4);
(2) in subsection (c)(2)(A)--
(A) in clause (i), by striking ``1,000'' and inserting
``1,320''; and
(B) in clause (ii), by striking ``2,500'' and inserting
``3,000''; and
(3) by striking subsection (d).
______