Protect America's Agricultural Lands Act of 1999 (Introduced in the
House)
HR 1578 IH
106th CONGRESS
1st Session
H. R. 1578
To amend the wetland conservation provisions of the Food Security Act
of 1985 and the Federal Water Pollution Control Act to permit the unimpeded
use of privately owned crop, range, and pasture lands that have been used
for the planting of crops or the grazing of livestock in at least five
of preceding ten years.
IN THE HOUSE OF REPRESENTATIVES
April 27, 1999
Mr. HOSTETTLER (for himself, Mr. ROYCE, Mr. MCHUGH, Mr. MCCRERY, Mr. ISTOOK,
Mr. PAUL, Mrs. CHENOWETH, Mr. MCINTOSH, Mr. DOOLITTLE, Mr. LARGENT, and
Mr. BARTLETT of Maryland) introduced the following bill; which was referred
to the Committee on Transportation and Infrastructure, and in addition
to the Committee on Agriculture, 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 amend the wetland conservation provisions of the Food Security Act
of 1985 and the Federal Water Pollution Control Act to permit the unimpeded
use of privately owned crop, range, and pasture lands that have been used
for the planting of crops or the grazing of livestock in at least five
of preceding ten years.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND FINDINGS.
(a) SHORT TITLE- This Act may be cited as the `Protect America's Agricultural
Lands Act of 1999'.
(b) FINDINGS- The Congress finds the following:
(1) The Fifth Amendment to the United States Constitution provides
that no person may be deprived of their property without due process of
law, nor shall private property be taken for public use without just compensation.
(2) Accordingly, great care must be taken in making wetlands declarations
lest private property owners be deprived of the legitimate use of their
property.
(3) The history of wetlands declarations under Federal law, and the
restrictions upon land declared to be wetlands, have resulted in an environment
where uncompensated takings by the Federal Government of the land of America's
farmers are possible.
(4) Such uncompensated takings of agricultural land must be curtailed.
SEC. 2. EXCLUSION OF HEAVILY USED AGRICULTURAL LANDS FROM DEFINITIONS OF
WATERS OF THE UNITED STATES AND NAVIGABLE WATERS UNDER THE FEDERAL WATER
POLLUTION CONTROL ACT.
Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344)
is amended by adding at the end the following new subsection:
`(u) In addition to the exceptions provided in subsection (f), the
terms `waters of the United States' and `navigable waters', as used in
this Act, shall not include any privately owned crop, range, or pasture
lands that have been used for the production of crops or the grazing of
livestock in not less than five of the immediately preceding ten calendar
years.'.
SEC. 3. EXCLUSION OF HEAVILY USED AGRICULTURAL LANDS FROM SWAMPBUSTER REQUIREMENTS.
Section 1222(b) of the Food Security Act of 1985 (7 U.S.C. 3822(b))
is amended--
(1) in paragraph (1), by adding at the end the following new subparagraph:
`(I) Any privately owned crop, range, or pasture land that has been
used for the production of an agricultural commodity or the grazing of
livestock in not less than five of the immediately preceding ten calendar
years.'; and
(2) in paragraph (2), by adding at the end the following new subparagraph:
`(F) Any privately owned crop, range, or pasture land that has been
used for the production of an agricultural commodity or the grazing of
livestock in not less than five of the immediately preceding ten calendar
years.'.