House and Senate agriculture leaders have finally agreed to compromise farm bill legislation that was passed in the Senate on Tuesday by a vote of 87-13. The same bill passed in the House on Wednesday by a vote of 369-47 and is expected to be signed by President Trump shortly.  House Agriculture Committee Chairman Mike Conaway (R-TX) dropped his reforms to the Supplemental Nutrition Assistance Program (SNAP), more commonly referred to as food stamps, and many of the regulatory relief provisions NAAA and industry partners advocated for were left out of the final bill as well due to opposition by Senate Ag Committee Ranking Member Debbie Stabenow (D-MI) and a significant majority of Senate Democrats.

A robust regulatory relief package was included in the original House Farm Bill, but not in the Senate version. NAAA, along with other ag industry partners, spent months urging House and Senate Agriculture Committee leaders to include these relief provisions in the final bill and were sending letters to congressional leaders as late as last week making the closing arguments on why the following provisions should be included: 

• A fix for the duplicative National Pollutant Discharge Elimination System (NPDES) permit by eliminating its requirements for pesticides registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
• Much-needed improvements to endangered species consultation and the pesticide registration process under FIFRA.
• Language on cooperative federalism advancing states as coregulators of pesticides, but prohibiting local or county governments from advancing pesticide rules, such as Lincoln County, Ore.’s efforts last year banning aerial application of herbicides to forestry.

In a nod to recognizing the endangered species consultation process to get crop protection products registered under FIFRA is broken, the bill stopped short of making any reforms, but does require an interagency working group made up of individuals from the Department of Agriculture, the Department of Commerce, the Department of the Interior, the Council on Environmental Quality and the Environmental Protection Agency to study how the consultation process can be improved and report their findings to Congress within the next 18 months.

NAAA was successful in having the conference report recognize the importance of aerial application and aerial application research through the inclusion of the following language:

The Managers recognize the importance of the aerial application of pest control tools. These tools are useful not only to ensure overall food safety and food security, but also to promote public health through improved mosquito control techniques. The ARS Aerial Application Technology Program conducts innovative research making aerial applications more efficient, effective, and precise. This program has yielded more effective public health control programs, as well as increased efficiencies and greater crop production. Research for aerial application serves the public interest as a vital tool for the future.

The mention of aerial application research within the conference report is no small feat, as it is one of only a few ag programs specifically mentioned. NAAA will continue to work for adequate USDA-ARS funding for the continued design of aerial application technologies, tools and techniques that mitigate drift, result in fuel savings and make aerial applications more efficacious. Favorable committee report language sends a strong message to the USDA to continue to sustain appropriate funding for aerial application research. Since 2002 NAAA has been successful in lobbying the government for an additional $95,512,500 in federal funding for aerial application technology research.

While the fix for the duplicative NPDES-PGP permit wasn’t in the final bill, the Trump administration this week released a revised Waters of the United States (WOTUS) definition that greatly narrows what bodies of water require a NPDES-PGP. The Trump proposal replaces a severally flawed rule promulgated by the Obama administration.  This new definition is much more precise in defining these waters, making it easier for aerial applicators and their landowner customers to determine what applications require NPDES-PGP permits. A 60-day comment period on the proposal will begin counting down once it is officially published in the Federal Register. NAAA intends to submit comments in support of the proposal along with other industry allies.