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 Oregonians for Food and Shelter, 3/6/06

To amend the Federal Water Pollution Control Act to clarify certain activities the conduct of which does not require a permit.

We received the following information today.  Please contact your Senators and ask them to sign on to S.1269 as a co-sponsor.  
 
Senator Gordon Smith of Oregon has declared a conflict of interest because of his food processing business, so cannot sign on as a co-sponsor.  However, this does not preclude him from voting on the bill.
 
Senator Wyden of Oregon needs to hear from Oregonians.  He has said he hasn't signed on as a co-sponsor because he hasn't heard from many of his constituents.  He has heard from agriculture, but needs to hear from the other sectors - forestry and pest control.  Please let Senator Wyden know this is an issue that is very important to us.  Contact Mary Gautreaux in Senator Wyden's office at mary_gautreaux@wyden.senate.gov
 
Paulette Pyle
                                                                                                                                                                                 109th CONGRESS

1st Session

S. 1269

To amend the Federal Water Pollution Control Act to clarify certain activities the conduct of which does not require a permit.

IN THE SENATE OF THE UNITED STATES

June 20, 2005

Mr. INHOFE (for himself, Mrs. LINCOLN, Mr. CRAPO, Mr. BOND, Mr. CHAMBLISS, Mr. COCHRAN, Mr. ISAKSON, Mr. THOMAS, Mr. HAGEL, Mr. CRAIG, and Mr. ROBERTS) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works


A BILL

To amend the Federal Water Pollution Control Act to clarify certain activities the conduct of which does not require a permit.

    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 `Pest Management and Fire Suppression Flexibility Act'.

SEC. 2. HARMONIZATION.

    Section 402(l) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)) is amended by adding at the end the following:

      `(3) PUBLIC HEALTH PROTECTION AND PEST MANAGEMENT ACTIVITIES- The Administrator shall not require a permit under this section, nor shall the Administrator directly or indirectly require a State to require such a permit, for--

        `(A) the use of a pesticide that is registered or otherwise approved for use pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), if that use is in accordance with the relevant provisions of the approved labeling of the pesticide;

        `(B) the use of a fire retardant, chemical, or water for fire suppression, control, or prevention in accordance with relevant Federal guidelines by or in cooperation with the Federal Government or a State government;

        `(C) silvicultural activities (except with respect to the point source activities specified in section 122.27(b)(1) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this paragraph)); or

        `(D)(i) the use of a biological control organism (as defined in section 403 of the Plant Protection Act (7 U.S.C. 7702)) for the prevention, control, or eradication of a plant pest or noxious weed; or

        `(ii) the conduct of any other plant pest, noxious weed, or pest control activity under that Act (7 U.S.C. 7701 et seq.).'.

SEC. 3. DEFINITION OF POINT SOURCE.

    Section 502(14) of the Federal Water Pollution Control Act (33 U.S.C. 1362(14)) is amended by striking the second sentence and inserting the following: `This term does not include agricultural stormwater discharges, return flows from irrigated agriculture, or the public health protection, pest management, and silvicultural activities described in section 402(l)(3).'.

END

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