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<PRE>[DOCID: f:h1138ih.txt]






107th CONGRESS
  1st Session
                                H. R. 1138

  To amend section 402 of the Federal Water Pollution Control Act to 
provide that no permit shall be required for animal feeding operations 
 within the boundaries of a State if the State has established and is 
  implementing a nutrient management program for those animal feeding 
                              operations.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 21, 2001

  Mr. Smith of Michigan (for himself and Mrs. Emerson) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL


 
  To amend section 402 of the Federal Water Pollution Control Act to 
provide that no permit shall be required for animal feeding operations 
 within the boundaries of a State if the State has established and is 
  implementing a nutrient management program for those animal feeding 
                              operations.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section 402 of the 
Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by 
adding at the end the following:
    ``(q) Exemption of Certain Animal Feeding Operations.--
            ``(1) In general.--If a State has established and is 
        implementing a nutrient management program for animal feeding 
        operations that meets the requirements of paragraph (2), no 
        permit shall be required under this section with respect to 
        such operations within the boundaries of the State.
            ``(2) Specified requirements.--A nutrient management 
        program for animal feeding operations referred to in paragraph 
        (1) must meet the following requirements:
                    ``(A) The program must be designed so that 
                application of the program to such operations will 
                assist the State in achieving its water quality goals.
                    ``(B) The program must include guidelines to 
                restrict the discharge of pollutants so as not to 
                compromise water quality.
                    ``(C) The program must include nutrient management 
                planning guidelines for such operations.
            ``(3) Animal feeding operation.--In this subsection, the 
        term `animal feeding operation' means a lot or facility where 
        animals have been, are, or will be stabled or confined and fed 
        or maintained for a total of 45 days or more in any 12-month 
        period and crops, forage, or post-harvest residues are not 
        sustained in the normal growing season over any portion of the 
        lot or facility.''.
                                 &lt;all&gt;

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