Washington Watch, 8/4/2011
August 3, 2011
FY 2012 Interior Appropriations Bill Debated in the House; Debt Ceiling Impacts on Funding Not Clear
Transportation Reauthorization Proposals Announced; Details Not Yet Available
Senate Committee Approves FLTFA Extension
House votes for major cut in funding to Farm and Ranchland Protection Program
FY 2012 Interior Appropriations Bill Debated in the House; Debt Ceiling Impacts on Funding Not Clear
On Monday, July 25, the House of Representatives began the debate on the FY 2012 Appropriations Bill that includes funding for key land conservation programs like the Land and Water Conservation Fund. In a bill that drastically cut land conservation programs, there were some glimmers of hope during the week long debate that showed the strength of these programs and the work of the conservation community.
For instance, Rep. Charlie Bass (R-NH), along with co-sponsors Reps. Christopher Murphy (D-CT), Robert Dold (R-IL), Jay Inslee (D-WA), Jim Gerlach (R-PA), and Dave Reichert (R-WA), offered an amendment to increase funding for LWCF by $20 million. The funding was taken from the account that supports the Secretary of the Interior's office operations. During his speech on the House floor, Congressman Bass said, “We need to continue the program of land conservation, local recreation, and, yes, working forests. And a $68 million appropriation just plain doesn’t do it.”
In a demonstration of the strength of the LWCF coalition and the bipartisan support LWCF receives, the amendment was approved by a voice vote. Through the leadership of Rep. Bass and the hard work of the LWCF Coalition, and with great support from TPL offices across the country working with their partners on strong messages of support for specific projects, many members of Congress from both sides of the aisle spoke in favor of increased LWCF funding on the House floor. And that led the House leadership to agree to accept the amendment on a voice vote.
Another LWCF-related amendment by Rep. Scott Tipton (R-CO) was approved that added another $5 million to LWCF dedicated to acquisitions that improve access for sportsmen to existing hunting and fishing lands (this is called "Making Public Lands Public"). The $5 million is directed to BLM and USFS and split equally between the two agencies.
Rep. Doug Lamborn (R-CO) offered an amendment on behalf of Paul Broun (R-GA) to eliminate all funding for land acquisition. The amendment would have essentially zeroed out LWCF entirely, with the exception of $3 million in Forest Legacy Program funding and approximately $2 million for stateside LWCF. The amendment was vigorously opposed by Ranking Member Moran, and Chairman Simpson also spoke in opposition. Rep. John Garamendi (D-CA) also made a strong speech against the amendment, and it failed by voice vote.
Rep. Rush Holt (D-N.J.) has also prepared but has not yet offered an amendment that would guarantee LWCF $900 million per year, without further appropriation. Because this amendment is considered legislating on an appropriations bill – and therefore contrary to House rules – it was not expected to be approved should it be offered. However, the Holt amendment underscores the need for full and dedicated funding for the LWCF, standing in sharp contrast to the historically low, 70% cut to the program proposed in the House bill.
Rep. Tim Griffin (R-AK) offered an amendment to increase the North American Wetlands Conservation Act (NAWCA) grant program by $3 million. It passed by voice vote.
Due to debt ceiling discussions over the weekend, the House did not take a final vote on the bill and it will likely not be taken up again.
Here is where land conservation programs stand in the House Bill:
Land and Water Conservation Fund (LWCF): 90.8 million (includes $10 million for the Forest Legacy Program, $2.794 million for state LWCF grants, and $2.854 million for the Cooperative Endangered Species Act)
NAWCA: $23 million
We expect that the Senate will begin work on its FY 2012 appropriations bills in August and September, although it is clear that there will not be time fort he Senate to consider individual bills on the floor. This means that multiple bills will be rolled into one much larger bill, and that there will likely not be formal action at the subcommittee or full committee level.
What is not so clear is how the debt ceiling/deficit reduction agreement signed by the President will impact the Department of Interior and these programs.
Needless to say, there is a lot of math being done in the nation's capital to determine the impact of the proposed ten-year spending reductions on specific programs. The bill requires $917 billion in discretionary spending cuts over the FY 2012-2021 time period, with another $1.5 trillion to be found from discretionary, mandatory and tax-related accounts. The makeup of that last $1.5 trillion in cuts will occur through a report issued by a new 12-member Congressional commission, which must report to Congress by November 23 followed by up-or-down votes in the House and Senate. The members of this new commission have not yet been named; House and Senate leaders have two weeks to make their selections. Should the committee not produce a report, or should Congress reject the report, automatic across-the-board cuts totaling $1.2 million will be made -- 50% to discretionary programs and 50% to defense programs. Mandatory programs and tax issues would not be touched under this fallback scenario.
There are no specifics in the debt agreement related to funding levels for conservation programs, and the expectation is that decisions about specific programmatic spending levels will still be decided by the Appropriations Committees in annual appropriations bills. However, it is clear that the focus on cuts to domestic discretionary programs will put a squeeze to appropriations bills that fund conservation and environment programs.
TPL will be working alongside many of our partner organizations to make the case to Congress that conservation programs are an important national investment with relevance to the economy.
Transportation Reauthorization Proposals Announced; Details Not Yet Available
The national surface transportation program has been awaiting a reauthorization from Congress since the last package, SAFETEA-LU, expired in September 2009. Congress has extended programs since that time.
Two competing congressional proposals were outlined earlier this summer, but no actual legislation has been introduced. House Transportation and Infrastructure Committee Chairman John Mica (R-FL) proposed a six year bill that reduces spending by 30% from SAFETEA-LU levels. Mica has stated that his bill would make programs like transportation enhancements optional for the states and reduce non-highway programs. Senate Environment and Public Works Committee Chairwoman Barbara Boxer (D-CA) proposed a two-year bill that keeps SAFETEA-LU funding levels. Her bill retains enhancements and other similar program spending and merges them into a livability program that is desired by the Obama Administration. Again, there are few details available for either the Mica or Boxer proposals.
Congress will not likely be able to pass a new bill before the latest extension expires on September 30, 2011. Given the outcome of the budget and deficit talks, transportation spending will not be spared cuts. Thus the reauthorization will be tied to upcoming congressional talks mandated by the debt ceiling-deficit reduction legislation just enacted into law. More information here (PDF).
Senate Committee Approves FLTFA Extension
On July 14, the Senate Energy and Natural Resources Committee approved by unanimous voice vote S. 714, legislation to reauthorize the Federal Land Transaction and Facilitation Act (FLTFA). The bill had been introduced by the Chairman of the Committee, Senator Jeff Bingaman of New Mexico.
This is an important first step, but it now appears that the current authorization will expire later in July before the reauthorization can be signed into law. If the bill can be enacted by the end of the year, however, then FLTFA can be back up and running in 2012. The proposed legislation would authorize the program until July 2021.
First enacted in 2000, FLTFA provides a mechanism to use proceeds from the sales or exchanges of public lands to fund acquisitions of inholdings or important edge-holdings of America’s national parks, national forest, national wildlife refuges, and certain units of the Bureau of Land Management. The program has enjoyed bipartisan support and should fare well once it goes before the full Senate. A companion bill in the House has not yet been introduced in this Congress.
House votes for major cut in funding to Farm and Ranchland Protection Program
On June 16, 2011, the U.S. House of Representatives approved a USDA funding bill that includes a major funding reduction for FRPP. 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.
Under the bill, funding for FRPP would be limited to $150 million. That would represent a $25 million cut below the FY'11 funding level. In addition, it would be $50 million below the level established in the Farm Bill for FY'12.
The legislation also included an acreage cap of 185,800 for the Wetlands Reserve Program in FY'12. This cap is well below the 271,158-acre goal set for WRP in the Administration's budget request.
House approval, however, is just the beginning of the process. The Senate, which must also approve a USDA funding bill, has not yet released its version of the USDA funding bill.
