Washington Watch, August 2013
August 20, 2013
House and Senate Subcommittees Release Differing Spending Bills for Conservation Programs
Before Congress headed into its 5-week Congressional "recess" on August 2, there was a flurry of activity on federal Fiscal Year 2014 spending bills.
On August 1, the Senate Appropriations Committee released a draft of its version of the FY 2014 Interior and Environment appropriations bill, which contains much of the conservation funding needed to protect land and parks. This is being portrayed as a "discussion draft" to spur conversation about how to pass this complex funding bill. As a strong counter to the House bill announced last week that proposed eliminating all land conservation funding and cuts many other programs by 20-80%, the Senate bill increases funding for the Land and Water Conservation Fund (LWCF) by 25% over last year's level - setting it at $400 M for the year. As part of that amount, the Senate draft includes $45 million for state park grants and $10 million for the only urban park development program on the books, known as UPARR—which has not been funded since FY 2002. The Senate LWCF level provides sufficient funding to support many pending LWCF, Forest Legacy and other projects but not all of them. The Senate draft also in other important conservation programs like the North American Wetlands Conservation Act (NAWCA) ($35 M) and the Community Forest Program ($5 M).
The Senate committee released the draft bill and then went home. So there will be no quick action on it anytime soon, and we don't expect to see much action on it in September either.
The day before, on July 31, the House Appropriations Committee began debating and then abruptly stopped consideration of its version of the FY 2014 Interior appropriations bill - a proposal that would completely eliminate LWCF and other conservation programs. During the committee's deliberations that day, an amendment was offered by 2 Republicans—Tom Rooney of FL and Rodney Frelinghuysen of NJ—to restore a small amount ($20 M) to LWCF - and only to the Fish and Wildlife Service land acquisition program. The amendment was variously described as largely symbolic and the best they could do in a tight budget year. It was paid for, or "offset", by a cut of $20 M to a US Forest Service facilities account. It passed by voice vote but not before the lead Democrat, Jim Moran of VA, likened the LWCF funding situation to "ripping someone's heart out and then handing them a Band-Aid".
Another amendment was drafted by Democrats to restore LWCF to $345 M - without an offset to this increased spending level - but it was not offered before the Committee stopped the markup due to bigger issues which are described below. It would likely have been defeated along party lines anyway.
In the end, the Republican-sponsored amendment to increase LWCF by $20 M was one of only two amendments approved by the committee during their abbreviated session that restored funding to programs proposed for cuts. The House Interior bill is now in limbo and unlikely to be taken up again at committee or be debated on the House floor.
The status of the Senate and House Interior bills is quite similar to what occurred in the past several years when neither side could move a bill through the entire process. Many believe we will see another Continuing Resolution - which simply extends current law with some funding adjustments - as occurred in federal FY 13.
The fight in Congress right now is about what overall funding levels to base the FY 14 final budget on - the budget set by the House of Representatives or a different version written by the Senate? The two sides are billions and billions of dollars apart. There is also mounting frustration with sequestration as a substitute for actual budgeting. And there is also the minor question of whether/how to raise new revenues.
As a result, there is a lot of discussion about what will happen next as we get closer to the October 1, 2013, start of the next federal fiscal year. Given the chasm between the two sides, it shouldn't come as a surprise that Congress has not completed one single appropriations bill yet. Again, all signs point to another Continuing Resolution. Or, maybe there is another "grand bargain" in the works that changes the dynamic altogether.
In the midst of all this, The Trust for Public Land will be working during the recess to amplify our grassroots message of opposition to cuts in land conservation programs.
What you can do to help.
Please go the LWCF Coalition's website and contact your members of Congress and urge them to support the Land and Water Conservation Fund and speak up in opposition to LWCF cuts.
Farm Bill in Legislative Limbo
The "fiscal cliff" agreement reached between Congress and the White House in January included a 9-month extension of the current Farm Bill. This was designed to give Congress sufficient time to enact a new 5-year Farm Bill. However, as there are only nine days on the legislative calendar for the House of Representatives when it returns from the August recess, it will be incredibly challenging to meet the September 30, 2013 deadline. An extension of current law may be necessary in order to avoid a circumstance in which the Farm Bill expires and reverts to farm policy from the 1930s and 1940s.
The Senate approved its version of the Farm Bill in June by a vote of 66-27. Later that month, the House of Representatives was unable to muster a majority to approve that chamber's version of the Farm Bill. Nevertheless, last month, the House again brought a Farm Bill to the floor. This time, however, the bill did not include funding for the Supplemental Nutrition Assistance Program (also known as "food stamps"). Nutrition assistance, which is administered by the USDA, has been reauthorized as part of the Farm Bill since the 1970s. Separating out SNAP allowed the House leadership to secure a 216-208 majority to advance the bill.
Next, the House and Senate will need to resolve the differences between their respective bills by convening a conference committee. At the beginning of August, the Senate named its Farm Bill conferees and formally requested a conference with the House. The Chairman of the House Agriculture Committee, Ken Lucas, has stated that he will make a "good faith" effort to reach consensus on a standalone SNAP reauthorization bill before agreeing to a conference with the Senate conferees. Lucas is reportedly working with the House majority leadership to assemble a SNAP bill that could pass the House. However, the timing for action on such a bill remains unclear.
Under the Senate bill, ACEP would be funded at $2.2 billion over five years. The Agricultural Land Easements program would receive "no less than 40 percent" of ACEP funding. The House-passed bill funds ACEP at $2.05 billion over five years.
Both the House and Senate-proposed Farm Bills establish a new "Agricultural Conservation Easement Program" (ACEP). ACEP would have two branches: (1) an "Agricultural Lands Easement program," which would merge the Farm & Ranch Lands Protection Program and Grasslands Reserve Program, (2) and "Wetlands Reserve Easements," which would be a continuation of the current Wetlands Reserve Program (WRP).
Notably, both bills amend the so-called "7-year ownership rule" for WRP, which generally prohibits enrollment of wetlands easements which have changed ownership over that period. Under the Senate bill, wetland easements that have not changed ownership within the preceding 12-month period would be eligible. The House bill reduces the 7-year rule to a 24-month prohibition on change in wetland easement ownership. This change may make the program more workable by conservation organizations to preserve wetlands.
Unfortunately, the House bill also caps funding for the Forest Legacy Program at $55 million per year and the Community Forest Program at $1.5 million annually for each of the next five years. The Senate does not include funding caps for either program.
Cooperative Endangered Species Conservation Fund (Section 6) Awards Announced
On July 9, 2013, the U.S. Fish and Wildlife Service announced nearly $32 million in awards from the Cooperative Endangered Species Conservation Fund for FY 2013. Since FY 2003, the program has distributed $555 million in species habitat conservation grants to 41 states and Puerto Rico. This year approximately $14.2 million were distributed under the Habitat Conservation Plan Acquisition Program and $9.44 million were from the Recovery Land Acquisition Program. Successful projects include awards to protect habitat for Kirtland's warbler and Karner blue butterfly in Wisconsin, the Quino checkerspot butterfly and arroyo toad in California, and desert tortoise in Utah. Read full grant project descriptions here.
Authorization Bills Before Congress
At the committee level, Congress continues to examine and move public lands and conservation legislation. However, as with other areas of lawmaking, passing a new law remains difficult. Unless specified otherwise, the referenced committees are the House Natural Resources Committee, the Senate Energy and Natural Resources Committee, or one of their subcommittees.
Federal Land Transaction Facilitation Act (FLTFA)
Congress continues to work on reauthorizing FLTFA, a program that uses proceeds from the sale of federal land identified for disposal to acquire high quality inholdings. This program expired in 2011. Two measures have been introduced that have picked up bipartisan support. The Senate bill (S 368) is sponsored by Sen. Martin Heinrich (D-NM) and Sen. Dean Heller (R-NV) and the House legislation (HR 2068) is sponsored by Rep. Cynthia Lummis (R-WY) and Rep. Peter DeFazio (D-OR). The full Senate committee passed the FLTFA bill in May, sending it to the Senate floor. A House subcommittee held a hearing in mid-July.
California Coastal National Monument expansion
Two companion measures have been introduced in the House and Senate to expand the California Coastal National Monument to include the Pt. Arena-Stornetta Public Lands. Included in the expansion area is the Cypress Abbey property, which The Trust for Public Land recently conveyed to the Bureau of Land Management. HR 1411 was introduced by Rep. Jared Huffman (D-CA) and S 61 was introduced by Sen. Barbara Boxer (D-CA). After consideration by a House committee, the full House unanimously passed Huffman's bill on July 22. The Senate panel has not yet held a hearing on Boxer's version.
Carson National Forest expansion
On May 16, 2013 the Senate committee approved a bill (S 312) by Sens. Tom Udall and Martin Heinrich (both D-NM) to expand the boundaries of the Carson National Forest to include the 5,000-acre Miranda Canyon property near Taos. The legislation is now pending on the Senate's legislative calendar. The Trust for Public Land is working with the U.S. Forest Service on the Miranda Canyon project, which will use funds from the Land and Water Conservation Fund for the protection of important natural, recreational, scenic, historic, and water resources. A companion bill (HR 663) has been introduced in the House by Rep. Ben Ray Luján (D-NM) but has not yet been considered by the House committee.
North American Wetlands Conservation Act (NAWCA) reauthorization
A House subpanel held a hearing on a bill, HR 2208, introduced by Rep. Robert Wittman (R-VA), to extend the authorization of NAWCA through FY 2017 on August 2, 2013. The program supports partnership efforts to protect and restore habitats for wetland-associated migratory birds. The U.S. Fish and Wildlife supported the measure at the hearing as did representatives of Ducks Unlimited and the Association of Fish and Wildlife Agencies.
American Battlefield Protection Program (ABPP) reauthorization
A grant program administered by the National Park Service, the ABPP currently issues grants to the states to preserve Civil War battlefields that are not part of the National Park system. Members of Congress are working to reauthorize the soon-to-expire program through FY 2018 and expand the program to include the protection of Revolutionary War and War of 1812 sites. A House bill (HR 1033), authored by Rep. Rush Holt (D-NJ) and Rep. Robert Wittman (R-VA), passed the House in April. A Senate companion bill (S 916) was subsequently introduced by Sen. Tim Kaine (D-VA) and Sen. Thad Cochran (R-MS). The Senate bill received a hearing on July 31, 2013.
Tax Incentive Legislation Introduced
Legislation to permanently extend the conservation tax incentive was introduced on July 24 with 137 cosponsors. The Conservation Easement Incentive Act of 2013 is the title of the House of Representatives version of the Rural Heritage Conservation Extension Act that was introduced in the Senate earlier this year.
Leading the House effort are Congressman Jim Gerlach (R-PA), the chief sponsor of the bill, and Congressman Mike Thompson (D-CA). The list of cosponsors is an impressive display of bipartisanship and bodes well for the future of this legislation. At the time of the bill's introduction, Will Rogers, President of The Trust for Public Land, said, "The conservation tax incentive has been an important and effective tool for conservation, particularly for landowners who do not have enough annual income to fully benefit from general deduction for their charitable support. We hope Congress acts soon to permanently protect this incentive, which will help protect open space and also help preserve a way for life for many American farming and ranching families. We salute the leadership of Reps. Jim Gerlach and Mike Thompson, along with all their House co-sponsors. And we also want to recognize the Land Trust Alliance, which has been a leading voice on this important issue."
There is a desire in both the House and Senate to move tax reform legislation during this Congress, which will adjourn at the end of 2014. The Senate Finance Committee has invited Senators to submit to the committee their recommendations for tax provisions to be included in reform legislation. There is very strong support for the conservation tax incentive in the Senate, where the bill to extend it is sponsored by Senator Max Baucus (D-MT), who is also the chairman of the Finance Committee.
The Trust for Public Land is also a strong supporter of maintaining the deduction for charitable contributions and joined hundreds of other charities in a letter urging senators to preserve the tax deduction for charitable deductions as tax reform efforts move forward.
