Contact Your U.S. Senators and U.S. Representatives and Ask Them to Support Rural Education

The Organizations Concerned about Rural Education, OCRE, is a coalition made up of the National Grange and many different types of organizations that include educational, farming, rural, technology, and utility organizations. We are united under the common concern for the economic and educational welfare of rural America. The group is concentrating on several issues, some of which include: revising the funding formula under Title 1 of the Elementary and Secondary School Act (No Child Left Behind) to help eliminate the inequalities of the formula for small schools, rural school building infrastructure, and attracting and maintaining high quality teachers in rural schools.

Background

Under Title 1 of the Elementary and Secondary School Act of 1965 (ESEA), rural schools are at a greater disadvantage compared to the urban schools. If rural schools are not treated equally, then they will continually be behind and may never catch up to urban schools. Rural school building infrastructure is another issue that rural schools shadow in comparison to urban schools. The distribution of funds for the construction and renovation of schools is not distributed equally.

Developing and maintaining high quality teachers is also a major problem for rural America. Many rural schools don’t have the resources to keep high quality teachers, where as urban schools with a larger student base do. If quality teachers go to urban schools, it just widens the gap between rural and urban education barriers. OCRE members work to end these barriers and hope to make the system fair, not only to urban schools, but to rural schools as well. For more information, check out OCRE’s website at www.ruralschools.org/coalition/.

The Obama Administration proposes to place its emphasis on school success rather than failure and sets a goal of ensuring that all students leave high school prepared for college or career, according to its blueprint for revising the No Child Left Behind Act (NCLB). Passed in 2002, NCLB was the most recent rewriting of the ESEA of 1965.

The Administration’s blueprint asks the states to adopt the academic standards proposed by the nation’s governors and state education leaders, and to create accountability systems that recognize student growth and school progress and to ensure that students are prepared for college or to enter the workplace. The administration supports a rigorous and fair accountability system measuring student growth, rewarding schools that accelerate student achievement, and identifying and rewarding outstanding teachers and leaders.

The blueprint also says the accountability system will require states and districts to identify and take rigorous actions in the lowest-performing schools. The administration has proposed a significant investment to help states and districts recognize and reward high-poverty schools and districts that are showing improvement getting their students on this path, using measures of progress and growth.

Under the ESEA blueprint, states, and districts will continue to focus on the achievement gap by identifying and intervening in schools that are persistently failing to close those gaps. For other schools, states and districts would have flexibility to determine appropriate improvement and support options.

Grange Policy

1. The National Grange supports public education and supports the idea of strengthening and improving the system of public education. The National Grange urges Congress to amend the “No Child Left Behind” law so local tax dollars on education are spent more responsibly. Parents should have a choice of schools based on the schools’ performance numbers provided that those parents furnish transportation for the children. We believe that every child should be able to receive a public education, and that the state is responsible for providing said education, which shall include the following: a broad curriculum with emphasis on basic language, physical education, math, and science skills; an opportunity for students to choose either vocational or “college preparatory” training; functional buildings; frequent public reports and accountability of funds; and basic training in agriculture, including the “Ag in the Classroom” program, covering both production and consumption.

4. The National Grange supports affordable telecommunications services for rural schools and libraries.

5. The National Grange supports strong educational standards, but does not believe that the establishment of National Education Standards Testing achieves this goal.

Action Needed

Please e-mail your U.S. Representative and U.S. Senators urging them to eliminate the inequalities of the formula for small schools, rural school building infrastructure, and attracting and maintaining high quality teachers in rural schools. Please feel free to cut and paste the following sample letter. If you do not know your Senator’s e-mail addresses, please click here and for your Representative’s e-mail address, please click here.

Sample E-Mail

Dear Senator/Representative _________,

I am writing to urge you to eliminate the inequalities of the formula for small schools, rural school building infrastructure, and attracting and maintaining high quality teachers in rural schools.

Under Title 1 of the Elementary and Secondary School Act of 1965 (ESEA), rural schools are at a greater disadvantage compared to the urban schools. If rural schools are not treated equally, then they will continually be behind and may never catch up to urban schools. Rural school building infrastructure is another issue that rural schools shadow in comparison to urban schools. The distribution of funds for the construction and renovation of schools is not distributed equally.

Developing and maintaining high quality teachers is also a major problem for rural America. Many rural schools don’t have the resources to keep high quality teachers, where as the urban schools with a larger student base do. If quality teachers go to urban schools, it just widens the gap between rural and urban education barriers.

I believe emphasis should be placed on school success rather than failure and schools should set a goal of ensuring that all students leave high school prepared for college or career. Accountability systems that recognize student growth and school progress should be measured by accelerated student achievement. Additionally, an accountability system should require states and districts to identify and take rigorous actions in the lowest-performing schools. There should be a reward system for high-poverty schools and districts that are showing improvement getting their students on this path, using measures of progress and growth.

By making these changes in our nation’s education system, I believe we will strengthen public education across America, particularly in rural areas of the country. Thank you.

 

Sincerely,

Your name
Your Grange number

If you have any questions or comments regarding this Action Alert, please contact Legislative Program Assistant Molly Thompson by e-mail: mthompson@nationalgrange.org; or by phone 1-888-4GRANGE, ext. 107. Thank you for your grassroots participation in the National Grange Legislative Program.

Contact the Postal Regulatory Commission Opposing a Proposal to End Carrier Street Address Delivery, Collection at Blue Collection Boxes, and Incoming Mail Processing on Saturdays in the U.S

The Postal Regulatory Commission is seeking public input on a Postal Service proposal to end carrier street address delivery, collection at blue collection boxes, and incoming mail processing on Saturdays in the United States.  This is one of the most significant changes the Postal Service has ever presented to the Commission.  The Postal Service is required to ask the Commission for an Advisory Opinion on any change in nationwide service that it proposes.

Background

The U.S. Postal Service has advised the Postal Regulatory Commission that due to falling mail volumes and revenues it is considering eliminating Saturday mail collection and delivery except for Express Mail and existing post office box service. It submitted 11 pieces of testimony in support of its request. As a result, the Postal Regulatory Commission established Docket N2010-1 to thoroughly review whether the U.S. Postal Service plan to eliminate Saturday delivery should be implemented. The Postal Service is required to ask the Commission for an Advisory Opinion on any change in nationwide service it proposes. The Postal Regulatory Commission is an independent federal agency that provides regulatory oversight over the U.S. Postal Service to ensure the transparency and accountability of the Postal Service and foster a vital and efficient universal mail system. According to the Commission’s Chairman, Ruth Y. Goldway, their process will allow for the public to be heard and for all the facts to be considered before he Commission issues its Advisory Opinion.

Commission procedures provide for public, on-the-record hearings to analyze and cross-examine the Postal Service’s “five-day” proposal and supporting evidence. During the process, mail users and interested members of the public may offer supporting or opposing views, both informally and as part of more formal, technical presentations. The Commission will also conduct as many as six field hearings and solicit public comments through its website. Dallas, Sacramento, and Chicago are among the cities the Commission is considering for possible field hearing locations.

The elimination of one mail delivery day is not a new concept. It has been proposed many times and was the subject of extensive congressional review in 1977 and 1980. In 1983, the Congress adopted specific language requiring the Postal Service to maintain six-day delivery. Congress will consider the Commission’s Advisory Opinion as it reviews the Postal Service’s request to change the law.

Grange Policy

U.S. Postal Service

1. The National Grange continues to support Rural Free Mail Delivery Service as an essential part of universal mail service. We support the continuation of rural Saturday mail delivery and all other mail services to rural areas. Patrons of rural post offices must be given six (6) months notice before their post office is closed and must be provided with an opportunity to express their viewpoint at a public hearing.

Action Needed

The public is invited to share their views via the Commission website in two ways.  You may informally share your views by visiting via the Commission web site, www.prc.gov, and clicking the “ contact PRC” tab to access a convenient online customer service form.  By participating in this manner, your comments will be an informal expression of your views on the Postal Service’s plan. You can also write to the Postal Regulatory Commission, ATTN: Office of Public Affairs and Government Relations, 901 New York Ave., NW, Suite 200, Washington, DC, 20268-0001.

To participate more formally in the process and to file documents to be included in the online public record, you must file a notice of intervention and follow the Commission’s rules of practice and procedure.  The notice of intervention only requires a simple statement of your interest in the case, intent to intervene, along with your name, address, and contact information.   To file a notice of intervention and other relevant documents, interested persons should click the “Filing Online” tab and follow the appropriate instructions.

Sample E-Mail or Letter

Postal Regulatory Commission

ATTN: Office of Public Affairs and Government Relations

901 New York Ave., NW, Suite 200

Washington, DC, 20268-0001

Dear Commission Chairman Goldway,

I am writing in opposition to the Postal Service proposal ending carrier street address delivery, collection at blue collection boxes, and incoming mail processing on Saturdays in the United States and I would like my letter to be part of the informal public opinion record of the Postal Regulatory Commission.

There is no doubt that today’s technological advances have brought a decrease in paper mail and postal service use has significantly declined. Even with electronic letter possibilities, however, there is still a need for all current mail services, particularly in rural America where modern technological opportunities are not prevalent or, in some cases, not even available. In some parts of this country, the U.S. mail system is still the most common means of communication. Until rural America is offered affordable electronic and telecommunication services such as access to high-speed internet and wireless telephone, it would be devastating to decrease postal services. In my opinion, reducing these services would be a significant setback for our rural citizens to properly communicate with the rest of the world, and I believe that businesses and U.S. citizens in rural areas will greatly suffer without today’s efficient mail system including all of the postal services now available.

I am a member of the National Grange, the nation’s oldest general farm and rural public interest organization, dedicated to providing service to agriculture and rural communities on a wide variety of issues, including economic development, education, family endeavors, and legislation designed to assure a strong and viable rural America. This organization has long standing policy to support Rural Free Mail Delivery Service as an essential part of universal mail service. We also support the continuation of rural Saturday mail delivery and all other mail services to rural areas.

Thank you for your consideration in this matter.

Sincerely,

Your name
Your Grange number

If you have any questions or comments regarding this Action Alert, please contact Legislative Program Assistant Molly Thompson by e-mail: mthompson@nationalgrange.org; or by phone: 1-888-4GRANGE, ext. 107. Thank you for your grassroots participation in the National Grange Legislative Program.

Contact Your Local Newspaper if You See This Cartoon

Recently a very damaging, misleading, and inaccurate cartoon that attempted to explain modern dairy farming practices to young children appeared in numerous newspapers across the country. The author of a syndicated children’s column, Jok Church, typically answers children’s science questions in a cartoon question-and-answer format. The question was, “How can a calf have a baby at only 15 months old?”

Background

The comic strip “You Can with Beakman and Jax,”is a nationally syndicated comic distributed by Universal Press Syndicate to more than 300 newspapers nationwide. Please View the comic strip to see the cartoon, question, and answer. Obviously, the answer was full of erroneous and misleading information including: 

  • “Almost all dairy cows are raised in factories where they’re fed surplus corn and soy – not the grass that is a cow’s natural food.”
  • “Factory cows get more diseases, so they are medicated constantly. Their food includes drugs like antibiotics and hormones. They also get gas, which can hurt their 4-part stomachs.”
  • “Factory cows live from 3-4 years before they die. Cows that eat grasses in meadows live and produce milk for up to 20 years. They’re ones farmers name and don’t number.”
  • The answer provided to the questions implied that animals actually do give birth at 15 months of age when the industry average for the age at first calving is about 24 months.

Grange Policy

The Delegates at the 143rd Annual Convention of the National Grange adopted the following policy related to responding to false, misleading, and inaccurate statements about modern agricultural practices utilized by today’s family farmers and ranchers:

“ The National Grange supports public relation programs that disseminate accurate information on the efficiency and productivity of American agriculture as well as the contributions it has made in providing an adequate supply of food and fiber, and the important role the food and agricultural industry plays in the nation’s economy. A coalition of farm and commodity organizations working together on common problems is in the best interest of agriculture and rural communities….We will cooperate with and support the efforts of other agricultural organizations in their educational programs pertaining to false, unproven, and misleading statements about the production and safety of agricultural commodities in order to present a true picture of environmentally safe farm and ranch best management practices.”

Action Needed

If this comic ran in your local newspaper, please draft a letter to the editor of that paper highlighting the practices on your farm that demonstrate how you care for your animals. If possible, invite the editor to visit your dairy and see, firsthand, the care you provide your cows and the land. This will help you build a relationship with the editor, who may come to you for future stories and news. Please feel free to cut and paste the following sample letter.

Sample Letter or E-Mail

Dear Newspaper Editor,

Recently a very damaging cartoon on dairy farming practices appeared in your newspaper. The author of a syndicated children’s column, Jok Church, typically answers children’s science questions in a cartoon question-and-answer format. The question was, “How can a calf have a baby at only 15 months old?” The answer was full of erroneous and misleading information, and I would like to set the record straight. The correct answer is that the industry average for the age at first calving is about 24 months when a calf has matured to an adult cow.

It’s important for children and their parents to know that dairy farmers are committed to providing high-quality milk, which begins with top-notch animal care.  Modern day dairy farmers across America provide nutritious diets, healthy living conditions, and good medical care to all of their animals.  Cows have access to feed and clean water 24 hours a day. Also, many dairy farms use “free-stall housing,” which means cows can eat, sleep and, drink anytime they choose. 

Dairy farmers work hard every day to provide fresh, great tasting, local, wholesome milk products. Almost all dairies are family-owned, and as active members of their communities, farm families take pride in their operation. These agriculturalists recognize that good animal welfare practices lead to the production of high quality, safe and, wholesome milk, and are constantly seeking ways to improve the comfort of their animals. Simply put, without health and contented cows, a dairy farmer would not stay in business very long.

At a time when kids are falling short of health experts’ recommendations for calcium, potassium and, magnesium intake, it’s disturbing that reputable newspapers would publish misinformation that could potentially turn kids or their parents away from nutrient-rich dairy foods.  Thank you for allowing me to provide your readers with accurate information on dairy practices in our area and across America.

Sincerely,

Your name
Your Grange number

If you have any questions or comments regarding this Action Alert, please contact Legislative Program Assistant Molly Thompson by e-mail: mthompson@nationalgrange.org; or by phone: 1-888-4GRANGE, ext. 107. Thank you for your grassroots participation in the National Grange Legislative Program.

Contact Your U.S. Senators and Ask Them to Oppose Attempts to Reform MEDPac Program

Little noticed or debated provisions in the national health care reform legislation before Congress would dramatically transform the current MEDPac program from an effective advisory mechanism that helps guide Congressional decision making on issues of Medicare reimbursement into an unaccountable, Executive branch, bureaucratic regulatory agency that would potentially exacerbate existing disparities in health care delivery in farming, rural and tribal communities.

Background

The National Grange is greatly concerned with proposals to change the mission of the Medicare Payment Advisory Commission (MEDPac) from a Congressional advisory body to an executive branch regulatory agency. Transforming MEDPac from an advisory organization to a regulatory agency would place critical decisions related to the payment for, and delivery of, high quality, efficient health care in farming, rural, and tribal communities across the nation in the hands of un-elected, bureaucratic managers in Washington, D.C. rather than patients and their local care providers. It would stifle the critical role of oversight and action regarding disparate impacts that standardized Medicare reimbursement policies often inflict on both patients and providers in rural and other chronically underserved communities that the current MEDPac regime provides for Congress. It would shift the balance of authority for medical public policy decision-making away from the legislative branch, as well as away from doctors and patients, to the executive branch.

The National Grange is very concerned that the MEDPac reforms in the proposed health care legislation will not address the concerns raised by our grassroots delegates for comprehensive health care reform that will serve the interests of patients and providers in remote farming, rural and tribal communities. Specifically, the National Grange is worried that the proposed MEDPac reforms will create a false public policy choice by focusing on cost cutting and short-term savings in the Medicare program at the expense of long-term health outcomes/cost savings and true health reform . This result could quickly lead to rationing of care, thus exacerbating existing health disparities in currently underserved communities. An overarching Federal regulatory authority dictating Medicare reimbursement schedules would inevitably diminish the role of patients and community based health care providers who are on the front lines of finding creative ways to eliminating existing disparities in health care delivery to rural communities. Finally MEDPac reform clearly cedes too much Congressional power to the executive branch.

Grange Policy

At the 143rd annual convention to the National Grange, held last month in Grand Rapids MI, the grassroots delegates from across the nation adopted the following comprehensive policy directives related to the course of health care reform now before Congress.

“Protection of Medicare or current health insurance coverage as they are presently provided with no reduction in coverage must be maintained. Medical decisions should be made by licensed medical professionals based on the needs of the patient.”

Action Needed

Please e-mail your U. S. Senators and Representatives urging them oppose changes in the current MEDPac program as part of any national health care reform. Please feel free to cut and paste the following sample letter. If you do not know your Senators’ e-mail addresses please CLICK HERE to find them.

Sample E-Mail

Dear Senator/Representative:

I am concerned about the possible changes in the current MEDPac program that would transform the program from an effective advisory mechanism helping guide Congressional decision making on issues of Medicare reimbursement into an unaccountable, executive branch, bureaucratic regulatory agency that would potentially exacerbate existing disparities in health care delivery in farming, rural and tribal communities. Transforming MEDPac from an advisory organization to a regulatory agency would place critical decisions related to the payment for, and delivery of, high quality, efficient health care in farming, rural, and tribal communities across the nation in the hands of un-elected, bureaucratic managers in Washington, D.C. rather than patients and their local care providers. It would stifle the critical role of oversight and action regarding disparate impacts that standardized Medicare reimbursement policies often inflict on both patients and providers in rural and other chronically underserved communities that the current MEDPac regime provides for Congress. It would shift the balance of authority for medical public policy decision-making away from the legislative branch, as well as away from doctors and patients, to the executive branch.

I am very concerned that the MEDPac reforms in the proposed health care reform legislation will not address the concerns for comprehensive health care reform that will serve the interests of patients and providers in remote farming, rural, and tribal communities. I am also worried that the proposed MEDPac reforms will create a false public policy choice by focusing on cost cutting and short-term savings in the Medicare program at the expense of long-term health outcomes/cost savings and true health reform . As a result, I urge you to oppose any attempt to transform the current MEDPac program from an effective advisory mechanism to a regulatory agency.

Sincerely,

Your name
Your Grange number

If you have any questions or comments regarding this Action Alert, please contact National Grange Program Assistance Molly Thompson by e-mail: mthompson@nationalgrange.org; or by phone 1-888-4GRANGE. Ext. 107.

Thank you for your grassroots participation in the National Grange Legislative Program.

Contact Your U.S. Congressman TODAY to Urge Their Opposition to the Garrett Amendment to H.R. 1 Eliminating MAP Funding

Status

Currently the U.S. House of Representatives is debating H.R. 1, the FY 11 Continuing Resolution (CR) which must be passed in order for the government to continue operating.  Rep. Scott Garrett’s (R-NJ) amendment to eliminate MAP funding would end a successful program which forms a partnership between non-profit U.S. agricultural trade associations, farmer cooperatives, non-profit state-regional trade groups, small businesses, and USDA to share the costs of overseas marketing and promotional activities. These programs help to open new markets for smaller organizations and co-ops, and help maintain existing level playing fields of access. Although, the House completed the agriculture section of the CR last night, we have to assume that the Garrett Amendment will be offered.

Background

The Market Access Program (MAP), originally known as the Targeted Export Assistance (TEA) Program, was created in the 1985 Farm Bill and uses funds from the U.S. Department of Agriculture’s Commodity Credit Corporation (CCC) to aid in the creation, expansion, and maintenance of foreign markets for U.S. agricultural products. MAP, which is administered by USDA’s Foreign Agricultural Service (FAS), forms a partnership between non-profit U.S. agricultural trade associations, farmer cooperatives, non-profit state-regional trade groups, small businesses, and USDA to share the costs of overseas marketing and promotional activities such as consumer promotions, market research, trade shows, and trade servicing. The National Grange strongly urges the administration and Congress to maintain funding for MAP at the existing level of $200 million annually as authorized by the 2008 Farm Bill and opposes any efforts like the Garrett Amendment to eliminate funding for the program.

Grange Policy

As written in our Agriculture Policy Statement contained in the 2009 Journal of Proceedings and backed up by several sections of our enduring trade policy, the movement of agricultural products across our country as well as exports to foreign countries is vital to the economy of our nation.

The National Grange supports legislation or administrative action that will continue to maintain and increase the exporting of agricultural commodities.

The National Grange encourages its members to work through their commodity export promotion organizations on increasing the producers’ participation in export market development. We encour­age all segments of the agricultural community to increase their private investment in export market development for American agricultural commodities.

The National Grange supports integrating and coordinating existing state and federal governments’ export marketing programs, such as the Market Access Program, the Market Promotion Program, and other similar programs that are designed to develop and expand foreign markets for U.S. farm products.

Action Needed

Please email your U. S. Congressman and urge them to oppose the Garrett Amendment which seeks to eliminate MAP funding and the critical benefits to this program provides to our farmers, co-ops and trade groups.

Sample E-Letter:

February ___, 2011

Dear Congressman___________________,

I am writing to urge your opposition to the Garrett Amendment to H.R. 1. As a Grange Member dedicated to a robust American agriculture, and a competitive rural America, I strongly urge you to oppose this measure that threatens to eliminate a program which has opened and sustained new markets for U.S. agricultural exports.

As a Granger, I am very aware of the financial restraints that are needed in our government today, but this amendment seeks to gut the very type of program whose return on investment and use of the cooperative system should be an example to other government programs rather than one up for elimination.

MAP also mirrors the Grange’s deep history and commitment to the cooperative system of advocacy. MAP is administered on a reimbursable cost-share basis, specifically targeting small businesses, farmer cooperatives, and non-profit trade organizations. While government is an important partner in this effort, industry contributions are now estimated to represent almost 60% of total annual spending on market development and promotion, up from roughly 45% in 1996 and less than 30% in 1991, which demonstrates industry commitment to the effort (Source USDA). Without the incentive of MAP funding through this important cost-share program, it is highly unlikely that private funds could be attracted to form a strategic and coordinated U.S. agricultural export promotion effort.

Here are several ways that MAP is contributing to the U.S. economy:

  • Serves as a “Buy American Made” program by promoting only American-grown and produced commodities.
  • Every billion dollars in U.S. agricultural exports supports around 8,000 American jobs. (Source USDA)
  • Given U.S. agricultural exports are forecast to be $126.5 billion in FY 11, over 1 million Americans will have jobs that depend on these exports, thanks in part to MAP and related programs that have helped boost U.S. agricultural exports. (Source USDA)
  • An updated study of MAP and FMD commissioned by USDA shows that over the 2002-09 period, export gains associated with the programs increased the average annual level of U.S. farm cash receipts by $4.4 billion and net cash farm income by $1.5 billion. The study also shows that U.S. domestic farm support payments were reduced by roughly $54 million annually due to higher prices from increased demand abroad, thus reducing the net cost of the programs. (Source: A Cost Benefit Analysis of USDA’s International Market Development Programs, IHS Global Insight (USA), Inc., March 2010).

Additionally, Grangers have a strong belief that foreign trade should be fair and that U.S. agricultural products should have access to markets all over the globe. Here are several ways that MAP helps level the playing field for U.S. farmers and producers:

  • In recent years, the EU, the Cairns Group, and other foreign competitors have devoted considerable resources on various market development activities to promote their exports of agricultural, forestry, and fishery products (Source USDA). A significant portion of this is carried out in the U.S.
  • Eliminating or reducing funding for MAP in the face of continued subsidized foreign competition would put American farmers and workers at a substantial competitive disadvantage.

Grangers are passionate in playing their role in contributing to a robust economy and celebrate their responsibility of citizenship. Again, we kindly urge your opposition to the Garrett Amendment to H.R. 1, which would eliminate MAP and other programs that are dedicated to American competitiveness. Thank you for your time and consideration on this matter.

Sincerely,

Your name
Your Grange number

If you have any questions or comments regarding this Action Alert, please contact National Grange Program Assistance Grace Boatright by e-mail: gboatright@nationalgrange.org; or by phone 1-888-4GRANGE. Ext. 107.

Thank you for your grassroots participation in the National Grange Legislative Program.

Contact Your U.S. Senator TODAY to Urge Their Support of H.R. 872

Status

Currently, the U.S. Senate has scheduled a hearing on H.R. 872 – Reducing Regulatory Burdens Act of 2011, which seeks to keep the regulation of insecticides, fungicides and rodenticides under the Federal Insecticide, Fungacide, and Rodentacide Act or FIFRA. H.R. 872 passed overwhelmingly in the U.S. House of Representatives with bi-partisan support and will now be heard in the Senate Agriculture Committee early next week.

Background

In early 1970s, Congress enacted both the CWA, to regulate federal waters, and the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) to regulate pesticide reviews, sales and use. Congressional intent as to the interaction of the two laws was clearly spelled out in the House Committee Report for FIFRA in 1971. However, in 2009 the 6th Circuit Court of Appeals overturned EPA’s 2006 rule specifically exempting from Clean Water Act (CWA) National Pollutant Discharge Elimination System (NPDES) permitting of aquatic pesticide applications. EPA is now forced to develop an NPDES permitting system for aquatic pesticides. This one decision nearly doubles the population of entities permitted under CWA. Affected by these NPDES pesticide-use permits will be state agencies, city and county municipalities, parks and recreation managers, utility rights-of-way managers, railroads, roads and highway vegetation managers, mosquito control districts, water districts and managers of canals and other water conveyances, pesticide applicators, farmers, ranchers, forest managers, scientists, and many others.

Never under FIFRA or the CWA has the federal government required a permit to apply pesticides “to, over or near” waters of the U.S. for control of such pests as mosquitoes, forest canopy insects, algae, or invasive aquatic weeds and animals, like Zebra mussel.  

The Problem

  • Unwarranted Decision – The decision of the 6 th Circuit was wrong. The U.S. government is on record agreeing that the 6th Circuit got it wrong in National Cotton Council v. EPA, and, in a brief to the Solicitor General, suggested that the court violated Supreme Court precedent by failing to provide proper due deference to an agency determination. The court agreed that pesticides when applied consistent with FIFRA label directions are not pollutants, and, as such, they shouldn’t require NPDES permits. But, the court went on to rule that any residues that may remain after the beneficial use has been completed are pollutants, and, in order to control those residues, NPDES permits are necessary when the pesticides are initially applied. The court incorrectly reversed EPA’s long-standing policy thus layering CWA regulations on top of established, rigorous FIFRA requirements.
  • Unnecessary Burden – New requirements for monitoring and surveillance, planning, recordkeeping, reporting and other tasks will create significant delays, costs, reporting burdens and legal risks from citizen suits for hundreds of thousands of newly-minted permit holders without enhancing the environmental protections provided by FIFRA compliance. Even EPA itself conservatively estimates that the annual time burden and cost of permits for pesticide applications over or near water to be more than 1 million hours and nearly $52 million.
  • Uncertain Liability – To date, EPA’s proposed general permit only covers applications of pesticides registered for aquatic use and applied to water or forest canopies into or over flowing or seasonal waters, and conveyances to those waters; it would not cover pesticide applications registered and intended for terrestrial use. However, activists indicate that they believe most pesticide applications should be permitted if there is even a chance that the pesticide could come in contact with any “water,” either flowing water or seasonal drainage ditches that could be a conveyance to a water of the U.S. So, even though EPA may not currently cover farmland and rangeland pesticide applications, nothing in the CWA or the proposed permit protects against citizen suits against farmers for not obtaining a permit. This establishes an uncertain liability for farmers and ranchers, as well as users applying pesticides to golf courses and public utility rights of way, and private homes and businesses.

The Solution

H.R. 872, the Reducing Regulatory Burdens Act, would amend FIFRA and CWA to conclusively declare that, under both laws, no permit is required for the labeled use of any registered pesticide . It would instruct EPA and the courts that Congress did not intend other environmental laws to overtake FIFRA by creating duplicative regulatory burdens. On March 31, 2011, H.R. 872 passed the House. The measure will now be heard in the Senate Agriculture Committee early next week.

Action Needed

Please email your U. S. Senator and urge them to vote yes on H.R. 872. It is even more critical to contact your Senator if you live in the following states who have Senators sitting on the Agriculture Committee: Colorado, Iowa, Indiana, Kansas, Michigan, Minnesota, Montana, Nebraska, New York, Ohio, Pennsylvania, and Vermont.

Sample E-Letter:

June __, 2011

Dear Senator___________________,

I am writing to urge your support of H.R. 872, The Reducing Regulatory Burdens Act of 2011. As a Grange Member dedicated to a robust American agriculture, and a competitive rural America, I strongly urge you to support this measure which seeks a legislative fix to a series of bad court rulings and reestablishes the regulation of insecticides and pesticides under the Federal Insecticide, Fungicide and Rodenticide Act, where it belongs.

As a Granger, I am very aware of the regulatory burdens that our farmers and ranchers face each day and H.R. 872 is a common sense fix that will relieve one more undue burden to a large population of land management and agricultural professionals.

Based on a court ruling in the National Cotton Council v. EPA (6th Cir. 2009) case, the Environmental Protection Agency (EPA) and delegated states are required to establish permit programs under the federal Clean Water Act for aquatic pesticide applications. H.R. 872, the Reducing Regulatory Burdens Act of 2011, is a bill aimed at reducing the regulatory duplication posed by this Sixth Circuit Court mandate. The legislation recently passed the House of Representatives with strong bipartisan support, and is now up for a vote before the Senate Agriculture Committee.

Pesticides play an important role in protecting the nation’s food supply, public health, natural resources, infrastructure and green spaces. They are used not only to protect crops from destructive pests, but also to manage mosquitoes and other disease carrying pests, invasive weeds and animals that can choke our waterways, impede power generation and damage our forests and recreation areas.

Since the inception of the Clean Water Act in 1972, water quality concerns from pesticide applications have been addressed during the registration and labeling process under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Imposing a national pollutant discharge elimination system (NPDES) permit in addition to FIFRA regulation will not provide any identifiable additional environmental benefits.

The proposed permit means further unfunded mandates on already struggling governments, and it creates additional red tape, squeezing existing resources and threatening added legal liabilities. The permit’s complex compliance requirements will impose tremendous new burdens on thousands of small businesses, farms, communities, counties and state and federal agencies legally responsible for pest control, and expose them to legal jeopardy through citizen suits over paperwork violations. Ultimately, the permit could jeopardize jobs, the economy and human health protections across America as regulators and permittees struggle to implement and comply with these permits.

We respectfully ask that you support passage of H.R. 872 in the Senate before the NPDES permits become final this year. Thank you for your time and consideration on this matter.

Sincerely,

Your name
Your Grange number

If you have any questions or comments regarding this Action Alert, please contact National Grange Program Assistance Grace Boatright by e-mail: gboatright@nationalgrange.org; or by phone 1-888-4GRANGE. Ext. 107.

Thank you for your grassroots participation in the National Grange Legislative Program.

Test Action Alert #1

Add the shortcode in a post or page, and use the arguments to query based on tag and/or category, limit the number of posts displayed, and sort the results. I’ve also added an extra condition, include_date, which will place the date at the end of the post, and image_size, which will add a thumbnail.