This Act may be cited as the “Agriculture Creates Real Employment Act” or the “ACRE Act”.

In this Act:

Section 1 of the Act of March 2, 1931 (7 U.S.C. 8351), is amended—

(a) Exemption.—Not later than 30 days after the date of enactment of this Act, the Director shall amend section 14.92 of title 50, Code of Federal Regulations, to clarify that—

(1) fish or wildlife described in subsection (b) are fishery products exempt from the export permission requirements of section 9(d)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1538(d)(1)); and

(2) any person may engage in business as an exporter of fish or wildlife described in subsection (b) without procuring—

(A) permission under section 9(d)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1538(d)(1)); or

(B) an export license under subpart I of part 14 of title 50, Code of Federal Regulations (or successor regulations).

(b) Covered fish or wildlife.—The fish or wildlife referred to in subsection (a) are members of the phylum Echinodermata that are commonly known as sea urchins and sea cucumbers (including any products of those members of the phylum Echinodermata) that—

(1) do not require a permit under part 16, 17, or 23 of title 50, Code of Federal Regulations (or successor regulations);

(2) (A) are harvested in waters under the jurisdiction of the United States; or

(B) are processed in the United States; and

(3) are—

(A) exported for purposes of human or animal consumption; or

(B) taken in waters under the jurisdiction of the United States or on the high seas for recreational purposes.

Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is amended by striking subsection (b) and inserting the following:

(a) 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.”.

(b) 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.”.

(c) Report.—Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Agriculture, 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—

(1) 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;

(2) an analysis of the effectiveness of current regulatory actions relating to pesticide registration and use aimed at protecting water quality; and

(3) 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.

(a) Definitions.—In this section:

(1) AGENCY.—The term “Agency” means the Environmental Protection Agency.

(2) LIVESTOCK OPERATION.—The term “livestock operation” includes any operation involved in the raising or finishing of livestock and poultry.

(b) Procurement and disclosure of information.—

(1) PROHIBITION.—Except as provided in paragraph (2), 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—

(A) names;

(B) telephone numbers;

(C) email addresses;

(D) physical addresses;

(E) Global Positioning System coordinates;

(F) financial information, including business records and production data; or

(G) other identifying information regarding the location of the owner, operator, livestock, or employee.

(2) EFFECT.—Nothing in this section affects—

(A) the disclosure of information described in paragraph (1) 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;

(B) the authority of any State agency to collect information on livestock operations; or

(C) the authority of the Agency to disclose the information on livestock operations to State or other Federal governmental agencies.

(3) 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 paragraph (2)(A)(ii).

(a) Definitions.—In this section:

(1) ADMINISTRATOR.—The term “Administrator” means—

(A) the Administrator; and

(B) 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.

(2) AERIAL SURVEILLANCE.—The term “aerial surveillance” means any surveillance from the air, including—

(A) surveillance conducted from manned or unmanned aircraft; or

(B) the use of aerial or satellite images, regardless of whether the images are publicly available.

(3) AGRICULTURAL LAND.—

(A) IN GENERAL.—The term “agricultural land” means land used primarily for agricultural production.

(B) 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—

(I) agroforestry; or

(II) the production of livestock; and

(xi) land that contains existing infrastructure used for—

(I) the production of livestock; or

(II) another agricultural operation.

(b) Limitation on use of aerial surveillance.—

(1) IN GENERAL.—Subject to paragraph (2), 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.

(2) 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—

(A) has obtained the voluntary written consent of the owner or operator of the land to be surveilled in accordance with subsection (c); or

(B) has obtained a certification of reasonable suspicion in accordance with subsection (d).

(c) Voluntary written consent.—

(1) CONSENT REQUIRED.—In order to conduct aerial surveillance under subsection (b)(2)(A), the Administrator shall obtain from the owner or operator of the land to be surveilled written consent to such surveillance.

(2) CONTENTS.—The Administrator shall ensure that any written consent required under paragraph (1)—

(A) specifies the period during which the consent is effective, which may not exceed 1 year;

(B) contains a specific description of the geographical area to be surveilled; and

(C) 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.

(3) ASSURANCE OF VOLUNTARY CONSENT.—The Administrator—

(A) shall ensure that any written consent required under paragraph (1) is granted voluntarily by the owner or operator of the land to be surveilled; and

(B) 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.

(d) Certification of reasonable suspicion.—

(1) IN GENERAL.—In order to conduct aerial surveillance under subsection (b)(2)(B), the Administrator shall obtain from a United States district court of competent jurisdiction (referred to in this subsection as a “Court”) a certification of reasonable suspicion in accordance with this subsection.

(2) CERTIFICATION REQUIREMENTS.—A Court may issue to the Administrator a certification of reasonable suspicion if—

(A) 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

(B) 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.).

(e) Disclosure of information.—

(1) IN GENERAL.—Except as provided in paragraph (3), or for the purposes of an investigation or prosecution by the Administrator as described in subsection (f), the Administrator may not disclose information collected through aerial surveillance conducted under subsection (b)(2).

(2) APPLICABILITY OF FOIA.—Section 552 of title 5, United States Code, shall not apply to any information collected through aerial surveillance conducted under subsection (b)(2).

(3) 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 surveillance.

(f) Destruction of information.—The Administrator shall destroy information collected through aerial surveillance conducted under subsection (b)(2) not later than 30 days after collection, unless the information is pertinent to an active investigation or prosecution by the Administrator.

(g) Rule of construction.—Nothing in this Act 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.

(a) Force and effect.—

(1) IN GENERAL.—Subject to subsection (b), 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.

(2) PUBLIC NOTICE.—The Secretary of the Interior (referred to in this section as the “Secretary”), acting through the Director of the United States Fish and Wildlife Service (referred to in this section as the “Director”), shall notify the public of the authority provided by paragraph (1) in a manner determined to be appropriate by the Secretary.

(b) Sunset.—The authority provided by subsection (a)(1) 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.

(c) 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 law.

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—