Sec. 8. Privacy of agricultural producers
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/bill/115/s/2663/is/section-8·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term Administrator means— the Administrator; and 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. The term aerial surveillance means any surveillance from the air, including— surveillance conducted from manned or unmanned aircraft; or the use of aerial or satellite images, regardless of whether the images are publicly available.
The term agricultural land means land used primarily for agricultural production. The term agricultural land includes— cropland; grassland; prairie land; improved pastureland; rangeland; cropped woodland; marshes; reclaimed land; fish or other aquatic species habitat; land used for— agroforestry; or the production of livestock; and land that contains existing infrastructure used for— the production of livestock; or another agricultural operation. 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.
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— has obtained the voluntary written consent of the owner or operator of the land to be surveilled in accordance with subsection (c); or has obtained a certification of reasonable suspicion in accordance with subsection (d). 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.
The Administrator shall ensure that any written consent required under paragraph (1)— specifies the period during which the consent is effective, which may not exceed 1 year; contains a specific description of the geographical area to be surveilled; and 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. The Administrator— 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 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. 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. A Court may issue to the Administrator a certification of reasonable suspicion if— 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 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.). 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). Section 552 of title 5, United States Code, shall not apply to any information collected through aerial surveillance conducted under subsection (b)(2). The owner or operator of land surveilled under this section has the right to petition for copies of the information collected through such surveillance. 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. 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.
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