231 



7 . Incorporation of USDA Expertise. Technology and Programs: There 

 are no explicit roles for USDA in the NPS management provisions of 

 HR 3948, nor is the Conservation Compliance Program recognized as 

 a qualified alternative to mandatory management measures. We 

 believe that USDA field and technical experience, and successful 

 conservation and water quality programs must be integral parts of 

 any NPS program in a reauthorized CWA. 



8 . Flexibility for States and Local Groups to Incorporate 

 Innovation, Growth of Operations and Climatic Setbacks: As 

 experience implementing the Conservation Compliance Program has 

 shown, flexibility is essential given the highly variable nature of 

 specific sites, resource availability and climate. Therefore, we 

 support the inclusion of program choices, opportunities for 

 innovation, and provisions for economic hardship waivers, appeal 

 processes and renegotiation of plans if warranted. 



9. Defer to FIFRA for Pesticide Use Provisions: As this Committee 

 is well aware, the development and use of pesticides in America are 

 highly regulated through FIFRA, which also grants EPA extremely 

 broad authority to minimize pesticide contamination of ground water 

 and surface water through product labeling requirements governing 

 use. A series of management options are used by EPA, including: 



(a) requirement of regional or nationwide water monitoring studies; 



(b) reduction of product use rates, methods or frequency; (c) use 

 moratoriums; and (d) cancellation of product registration at the 

 national level . State pesticide management plans are an integral 

 part of this strategy. 



It is appropriate that FIFRA, and not CWA, regulate pesticide data 

 collection and use, and that ongoing water quality programs not be 

 compromised by NPS management strategies of the CWA. FIFRA' s 

 required tests of toxicity, ecological effects and environmental 

 fate provide the basis for effective pesticide regulation and water 

 quality protection. 



III. Other Significant Concerns With HR 3948 



■ HR 3 948 would extend the goal of the CWA to "Fishable, Swinimable 

 and Drinkable " , establishing a national policy that the Nation's 

 waters achieve a level of quality appropriate for hioman 

 consumption. 



Problems: (a) there is no indication of whether this standard is 

 applied to raw or processed water, (b) it extends drinking water 

 protections to all waters and preempts state authority to designate 

 beneficial uses, (c) it likely will trigger phased-in land use 

 restrictions, (d) as an unfunded mandate, it could significantly 

 affect user fees, (e) it could trigger exposures of agriculture to 

 new enforcement and citizen suit provisions. 



