147 



Other Agricultural Concerns & Questions 



♦ General: The bill lacks fundamental details critical to evaluating how provisions are intended 

 to operate. Section-by-section analysis, heanngs, and discussions with staff will likely be 

 necessary before informed judgments can be made by Committee members or affected interests 

 regarding workability or acceptability of HR 3948. 



♦ Top Down' Control & Enforcement: The bill contains a number of provisions which increase 

 reliance on federal controls and enforcement. It is more appropriate for states to retain a lead 

 role in addressing NPS pollution, with the flexibility to adjust to local needs and conditions. 

 Policies should rely as much as possible on a partnership approach with agricultural producers 

 rather than mandates. [Sec. 309, pp. 29 ff; others] 



♦ State Water Rights: Insufficient protection provided. 



♦ Conservation Compliance Plans: Not credited. [Sec. 311(b), p. 53] 



♦ USDA Expertise: Extensive capabilities and expertise of SCS, other USDA entities, and 

 private sector resources in (1) providing needed technical assistance to agricultural producers, 

 and (2) determining acceptable criteria, standards and practices generally not recognized. 



♦ Citizen Suits: As applied to point sources, increases ability to sue for past violations. Also, 

 needs clarifying language to ensure that agricultural production is exempt from citizen suits. 

 Needs provision to provide for mediation or arbitration in lieu of costly litigation as preferable 

 means of resolving disputes involving small businesses. [Sec. 503, p. 93] 



♦ Citizen Monitoring: The bill permits states to rely almost exclusively on water quality data 

 collected by private citizens fordevelopment of and evaluation of management programs. This 

 is subject to abuse. [Sec. 307, pp. 18 ff] 



♦ Credit for BMP's in Place: Agricultural producers should be credited for BMP's already in 

 place in development of site-specific plan. [Sec. 311(b), p. 52] 



♦ Appeal Rights: Agricultural producers need to have a means of appealing site-specific plan 

 disputes. [Sec. 311(b), pp. 50 if] 



♦ Other: Arid areas guidance [Sec. 304]; Broadening of state emergency powers [Sec. 503]; 

 Sharp increases in civil and administrative enforcement penalties [Sec. 309], 'Bounty hunter' 

 provision [Sec 309, p. 34]; Ability to petition EPA to limit or prohibit discharges [Sec. 

 308(c)]; Point source pollution prevention & toxic reduction action plans [Sec. 313], 



