Washington Watch, 10/31/2011
October 28, 2011
New Federal Fiscal Year Begins; FY 2012 Budget Still Unclear
LWCF and Conservation Funding Needs Your Support
Interior Secretary Salazar Announces Approval of new urban National Wildlife Refuge
New Federal Fiscal Year Begins; FY 2012 Budget Still Unclear
With the new federal fiscal year having begun on October 1, it’s a good time to take a look at the status of congressional actions on the federal FY 2012 budget.
After the flurry of negotiations and deal-making related to the debt ceiling extension and the deficit in late July, Congress left town for its six-week August recess and returned soon after Labor Day. The focus since then has been squarely on the economy, the President’s jobs package, and the work of the so-called “Supercommittee,” which was established as part of the debt ceiling agreement. The debt ceiling agreement set the overall parameters for the FY 2012 budget, leaving FY 2013 and beyond to the Supercommittee, which must report its recommendations by November 23. The debt limit agreement forged in early August laid out overall funding levels for federal FY 2012.
Federal Fiscal Year 2012
Although the overall spending numbers are set, Congress must still approve the 12 individual appropriations bills. Despite the beginning of the new federal fiscal year, none of the 12 annual appropriations bills that fund federal agencies, programs, grants and contracts have been enacted. The House of Representatives has voted on six of the 12 bills, and the Senate has voted on only one.
The Senate took up a bundled package of three appropriations bills the week of October 17 but did not complete action on it. This “minibus” (as opposed to an “omnibus” approach, which would include most or all the appropriations bills) includes the funding bills for the USDA, Transportation Department, Commerce Department, and Justice Department. The Senate will return from a week-long recess on October 31 and is expected to continue consideration of the “minibus” then. (The status of some conservation programs in the “minibus” is described below.)
On October 4th, Congress passed a short-term continuing resolution to fund the government through November 18, 2011. This was already the second stop-gap spending bill thus far, and more may be ahead unless Congress approves the FY 2012 appropriations bills by November 18th. Until those bills are passed, it will remain unclear at which levels Congress will fund individual programs.
With time running short, two likely scenarios for completing the FY 2012 budget process are the passage of an omnibus spending bill or, as we saw in FY 2011, Congress will pass a year long continuing resolution. A continuing resolution generally carries forward the prior years spending levels, but an FY 2012 version would probably contain a certain percentage of reductions.
Here is a summary of where funding for conservation-related programs stands at the moment:
Land and Water Conservation Fund (LWCF) and other Interior appropriations programs
In the House: Just prior to consideration of the debt ceiling agreement, House leadership brought the Interior and Environment Appropriations bill to the floor for consideration. Work on the bill was not completed and the legislation is not expected to be brought back to the full House for final passage.
LWCF: The Interior Appropriations Subcommittee recommended funding the Land and Water Conservation Fund at a paltry $65.8 million – a 78 percent cut from the FY 2011 funding level and a level that provides little to no funding for specific land conservation projects. While the bill was on the floor, there were impressive, bipartisan efforts to increase funding for LWCF. Two amendments that together would have increased LWCF funding by $25 million were offered by Reps Bass (R-NH), Christopher Murphy (D-CT), Robert Dold (R-IL), Jay Inslee (D-WA), Jim Gerlach (R-PA), Dave Reichert (R-WA), and Scott Tipton (R-CO). These amendments were adopted, but the bill was pulled from the floor before receiving a final vote and remains as unfinished business. Even though the $25 million increase would still result in an enormous cut (70%), the amendments were an important step towards restoring funding for LWCF. It is expected that the House will move into negotiations with the Senate on a final bill when the moment is right
Other program levels recommended by the House include:
- Community Forest and Open Space Conservation Program: $1 million, same as FY 2011.
- NAWCA: The Committee recommends $20 million for the North American Wetlands Conservation Fund, a 40 percent cut from the previous year.
- EPA Brownfields: The Committee recommends $23,680,000, which is equal to the FY 2011 enacted level.
- Clean and Safe Drinking Water State Revolving Funds – $1.518 billion, a cut of $967 million from the previous year.
In the Senate: the Interior bill has not yet been considered by the Senate Appropriations Committee, but a draft bill has been made public. It is unlikely that the Senate will take up a stand-alone Interior Appropriations bill because of controversial issues associated with the Environmental Protection Agency and regulatory matters, as well as the issue of opening up additional areas to oil and gas drilling (such as the Arctic National Wildlife Refuge). Instead, funding for LWCF and other Interior programs could be included in an omnibus package or a year-long continuing resolution.
Draft Senate FY12 bill
The draft Senate bill provides $350 million for LWCF - a 16% increase over the enacted level for FY 2011! While there is still a long ways to go in this process (more on that below) this is really a remarkable statement of support for the program in the face of a strong trend towards cutting domestic discretionary spending. Most other programs in the bill are flat or slightly reduced. This LWCF increase is due in large part to the strong grassroots and grasstops messages that have been going in to the Senate since April, after the significant cut to LWCF that occurred in the FY 2011 bill.
For the individual program accounts under the LWCF heading, here are the Senate recommended numbers (with comparison to FY 11 enacted):
- BLM: $23.38 M FY 11 = $22 M
- Fish and Wildlife Service (FWS): $59.94 M ($5 M for Highlands) FY 11 = $55 M, 0 for Highlands
- National Park Service (NPS): $66.5 M ($9 million for Civil War grants) FY 11 = $55 M
- Stateside grants: $45 M FY 11 = $40 M
- Forest Service (USFS): $37.5 M FY 11 = $33 M
- Forest Legacy Program: $58 M FY 11 = $53 M
- Sec 6 grants: $47.757 M FY 11 = $31 M
- OVS: $12.112 M FY 11 = $12.136 M
- Total LWCF: $350.189 M
Other programs:
The draft Senate bill also includes $5 million for the Community Forest and Open Space Conservation Program - level funding with the President's budget request and a significant increase over the FY 2011 enacted level of $1 million. We will be working with House and Senate to get as close to this number in the final bill as possible. In related good news, last week the US Forest Service published the final rule governing implementation of this new program, and we expect a grant applications to be announced in the Federal Register soon. There is $1.5 M appropriated in FYs 10 and 11 that is ready to be spent on individual community forest projects, and any FY 12 funds that are provided will be rolled into this grant round.
There is also $35.554 M for the North American Wetlands Conservation Act (NAWCA) program, a slight cut from the FY 11 level of $37.425 M.
USDA’s Natural Resource Conservation Service conservation programs
Right after Congress returned from its August break, the Senate Appropriations Committee approved the annual spending bill for the U.S. Department of Agriculture (USDA). The bill includes funding reductions for several conservation programs. Under the bill, funding for the Farm and Ranchland Protection Program (FRPP) would be capped at $150 million. That would represent a $25 million cut below the FY 11 level. In addition, it would be $50 million below the level established in the Farm Bill for FY 12. The Senate bill also caps enrollment in the Grassland Reserve Program (GRP) at 140,907 acres and enrollment in the Wetlands Reserve Program (WRP) at 185,800 acres in FY 12. The Senate’s proposed FY 12 bill would lower the WRP cap by 8% over the previous year. This cap is well below the 271,158-acre goal set for WRP in the Administration's budget request.
Earlier in the year, the U.S. House of Representatives approved a USDA funding bill that also capped FRPP at $150 million. The bill was approved by a vote of 217-203. Prior to the vote, TPL joined a coalition of more than 50 conservation organizations in a letter to Members of Congress expressing strong opposition to the cuts. The House bill also included a cap of 185,800 acres for the WRP in FY 2012.
While the House and Senate Agriculture Appropriations bills would cap FRPP at $150 million in FY’12, they would each also extend the program through FY’14. Under current law, the program is set to expire on September 30, 2012.
Congress may begin work on a new 2012 Farm Bill very soon, and these NRCS programs will be considered for extension as part of that process. Stay tuned for a more in-depth report on that when action starts on a new bill.
Coastal and Estuarine Land Conservation Program (CELCP)
Despite best efforts on the part of TPL and partner organizations, the CELCP program faces an extremely challenging budget environment. This is a result of a combination of reduced overall dollars and a huge increase in funding for weather satellites. In FY 2010, CELCP received $20 million and an additional $5 million for projects that help advance the Great Lakes Restoration Initiative. Despite the President’s recommended funding level of $25 million for CELCP in FY 2011 and FY 2012, the Department of Commerce only allocated $10 million to CELCP in its final FY 2011 “spend plan.”
In July, the House Commerce Justice Science (CJS) Appropriations Subcommittee marked up its bill zeroing out all funding for the National Ocean Service’s Procurement, Acquisition and Construction account, which includes the CELCP program. The House CJS Appropriations bill was not brought to the floor, however, so was never voted on by House members. The Senate Appropriations Committee marked up its version of this bill and recommended funding CELCP at $5 million; and the entire bill is now part of the appropriations “minibus” described earlier.. The final funding outcome will most likely be determined within an omnibus appropriations bill or year long Continuing Resolution, but clearly the cards are stacked against a meaningful funding level for CELCP in FY 2012.
Transportation Authorization
Congress continues to grapple with the necessity of approving a longer-term transportation reauthorization package to replace SAFETEA-LU of 2005. The House has released a blueprint that funds surface programs for six years but at a level 30% lower than currently authorized. The House also plans to cut, eliminate, or consolidate 70 of 100 programs at U.S. Department of Transportation, but has not indicated which ones. It also plans to make transportation enhancements (TE) funding optional for the states. The Senate has released a blueprint that covers programs for two years at the currently authorized levels. The debate is contentious due to the overall budget climate and the reluctance to provide additional revenue to the Highway Trust Fund via the gasoline tax.
The surface transportation program was set to expire on September 30. Congress passed an extension last week that runs until March 31 and President Obama signed it into law on September 16. However, in order for this bill to pass the Senate over the objections of some Senators, leaders indicated that a future Senate bill to provide long-term transportation funding would include a provision similar to the House proposal to allow state flexibility on TE spending. This was not originally part of the Senate proposal and may set up a challenging environment for future TE funding.
Transportation and HUD Appropriations
The House and Senate Transportation/HUD Appropriations Subcommittees have marked up bills for FY 2012, and the Senate version is included in the “minibus” described earlier. The Senate bill includes $550 million for TIGER grants and $90 million for the Sustainable Communities Initiative. The House bill provides $27 billion for highway programs, a cut of $14 billion from FY 2011 enacted level and the FY 2012 Senate level. The House bill did not provide any funds for the Sustainable Communities Initiative. Additionally, the House bill proposed $3.5 billion in funding for Community Development Block Grants (CDBG) and in the Senate bill, $2.85 billion was included for CDBG. Like the other appropriations bills, these differences will have to be ironed out between the House and Senate and included in some form of conference agreement to be considered again by the full Congress.
Defense/REPI authorization and appropriations
In FY 2011, Congress appropriated just under $100 million for the Readiness and Environmental Protection Initiative (REPI), a record high for the program and almost double the level of funding in FY 2010 and FY 2009. In February, the President's Budget for FY 2012 returned the program to the recent average and allocated just over $54 million to REPI. Since then the four congressional Armed Services and Appropriations committees have released their blueprints for the final Defense Authorization and Appropriations legislation for FY 2012. Unlike previous years, when Congress has been willing to increase funding, all four committees decided to keep the administration's figure of $54 million. While the figure could change depending on the method Congress completes the final appropriations package, the $54 million is the best estimate for funding in FY 2012.
LWCF and Conservation Funding Needs Your Support
As reported in the FY 2012 update on land conservation programs, Congress is working on the FY2012 budget, including the Interior appropriations bill, and has begun deliberations on long-term budgeting decisions through the "super committee" process. Therefore, this is a critical moment to tell your Members of Congress to oppose cuts that would cripple funding for the Land and Water Conservation Fund (LWCF) and hurt jobs and local economies.
This letter from TPL President Will Rogers urges people to raise their collective voices at this critical juncture in support of conservation funding. Will Rogers and Board Chair Page Knudsen Cowles have been working together with other national conservation leaders to amplify this LWCF/conservation funding message in Congress.
Despite the current budget climate, many key members of Congress understand the broad bipartisan support behind the LWCF program, but we need to generate even more support. Your voices from across the country are very important to raise the volume on this issue.
As recapped above, the House Interior Appropriations Committee approved a bill in July with drastic cuts that threaten to dismantle the LWCF program. Let your district Congressman know that these cuts are unacceptable and harmful to conservation and the vitality of our communities. Tell your Senator to carry the message to Interior appropriations Chairman Jack Reed (RI) and ranking member, Senator Lisa Murkowski (AK) to defend and restore LWCF funding in the FY 2012 Interior appropriations bill.
Interior Secretary Salazar Announces Approval of New Urban National Wildlife Refuge
Credit: Department of the Interior
On September 29, 2011, on a dairy farm just south of Albuquerque, New Mexico along the Rio Grande, Department of Interior Secretary Ken Salazar announced formal establishment of a new urban National Wildlife Refuge. The new refuge—known as Middle Rio Grande National Wildlife Refuge—will be established on the land known locally as Price’s Dairy.
The planned refuge, which is within a half hour drive of nearly half of New Mexico's population, will be a place for people to connect with and learn about the natural world and will provide valuable habitat for wildlife. Once fully restored, visitors to the refuge will be able to see waterfowl, small mammals, and neotropical migrant birds, including the endangered flycatcher.
The Trust for Public Land (TPL) is working with the landowner to protect the property and become New Mexico’s first urban refuge. Will Rogers, TPL’s President, joined Secretary Salazar, U.S Senator Jeff Bingaman (D-NM), U.S. Congressman Martin Heinrich (D-1), Bernalillo County Commissioner Art De La Cruz, and the Southwest Region of the US Fish and Wildlife Service at the announcement, in front of a large crowd of local school children and supporters of the plan.
