Washington Watch, 09/23/09
What's up in DC?
Congress returned from its August recess on September 8th, and obviously much of the legislative focus in Washington DC this month is on the health care reform issue. While that will certainly take up quite a bit of legislative time -- as well as fill up the airwaves -- there are a few other major conservation-oriented matters under consideration by Congress and the Administration in which are of deep interest to TPL and our partners in conservation.
Full Funding for Land and Water Conservation Fund (LWCF) in House Energy Bill
House Natural Resources Committee Hears Testimony on LWCF
CELCP Program FY2010 Ranked List Due in December
Defense Appropriations Bill Update
Legislation Introduced to Extend Federal Land Transaction Facilitation Act
As many of you know, we are rapidly approaching the October 1 start of the next federal fiscal year (FY 10) but as is the new norm, Congress has not completed work on any of the 12 annual appropriations bills. They will have to enact a short-term Continuing Resolution before October 1 that will keep federal agencies in operation while work on finalizing the specific bills continues.
Regarding the Interior Appropriations bill, which funds federal land acquisition, Forest Legacy, endangered species grants, NAWCA and other conservation programs, the situation is this: Back in June, the House of Representatives passed the FY 2010 Interior appropriations bill, and the Senate Appropriations Committee approved its version that same week. Since then, no further action has occurred but there are positive signs that the Senate may take the bill up on the floor late this week or early next week, with the potential for a vote on final passage that will allow the House and Senate staff to move to iron out the differences between the two bills (AKA "conference") in the next several weeks.
With regard to timing on approval of the final appropriations bill, it is VERY hard to predict as there are signs of steady progress but also potential pitfalls in the way of a quick resolution.
The few other appropriations bills that are of interest like the Coastal and Estuarine Conservation Program, transportation and Farm and Ranch lands Protection Program are in a similar situation, with an uncertain but hopeful timeline for completion.
Full Funding for Land and Water Conservation Fund (LWCF) in House Energy Bill
A wide-ranging energy-related bill (H.R. 3534) that includes full and dedicated funding for the LWCF was introduced on September 8 by Nick Rahall, Chairman of the Natural Resources Committee in the House. Full funding of LWCF would guarantee higher levels of funding for both federal acquisitions and grant to states for non-federal open space acquisitions and recreation projects. On Sept 16 and 17, the Committee held hearings on the entire energy bill, with a portion of the day on Thursday set aside to hear from witnesses testifying to the benefits of LWCF for the public. Testifying in front of the Committee on behalf of the LWCF, was Lyle Hodgskiss, a Montana rancher from the Rocky Mountain Front. See separate posting below.
A Senate version of an energy security bill that was approved by the Senate Energy and Natural Resources Committee in June (S. 1462) does not include this LWCF full-funding provision, but efforts are underway there to generate strong support for adoption of language similar to that proposed by the House committee should the Senate take up its energy bill on the floor.
Click here to view the Coalition's press release in support of full funding for LWCF.
As you may recall, in June the House of Representatives passed the landmark Waxman-Markey American Clean Energy and Security Act, (see Washington Watch 7/15/09) establishing a cap and trade system for addressing climate change and using the proceeds from auctioned allowances, in part, to fund wildlife adaptation programs including land conservation. There was great expectation that the Senate would take up its version of the bill quickly, and certainly immediately upon the Senate's return from August recess. However, a funny thing happened on the way to the forum. As the health care bill moved to the forefront of Congress' legislative calendar, the timing of the Senate climate bill slowed down considerably from previous statements, and a Senate version of the climate bill has not yet been introduced. However, Environment and Public Works Committee Chairman Barbara Boxer continues to work on legislation in the hopes of introducing it soon.
TPL remains an active member of a very energetic coalition working to secure in a Senate bill at least as much conservation funding as was included in the House-passed bill, and we are helping to lead the effort to keep forest protection at the forefront of federal and state climate-related action. Timing of a Senate bill is too hard to predict right now, and it could be delayed well into next year, according to the most recent pronouncement from Senate Majority Leader Harry Reid. We remain in the thick of deliberations on this very important legislative effort and will continue our efforts to secure conservation funding that helps address the stressors of climate change.
House Natural Resources Committee Hears Testimony on LWCF
The House Natural Resources Committee held a two-day hearing on September 16 and 17 on HR 3534, the Consolidated Land, Energy, and Aquatic Resources (CLEAR) Act. The bill is sponsored by Nick Rahall, a Democrat from West Virginia and the Committee's Chairman. Among many other provisions, the bill includes full, dedicated, and extended funding of the Land and Water Conservation Fund (LWCF). Under the legislation, LWCF would automatically receive its fully authorized amount of $900 million every year.
On the first day, the Committee heard testimony from Secretary of the Interior Ken Salazar. In his written testimony, Salazar noted the importance of the program, its contributions to the protection of lands, and the funding arrangement that invests revenues from offshore energy production into the protection of landed natural, historical, recreational, and ecological resources.
On the second day, the Committee heard from several public witnesses about the legislation. Among the witnesses was Lyle Hodgskiss, a rancher and banker from Choteau, Montana. Hodgskiss told the committee about the economic, ecological, and agricultural benefits of LWCF funds protecting ranchlands along the Rocky Mountain Front. He also spoke of the fruitful partnerships created among ranchers, government agencies, and conservation organizations, as funding was made available to conserve ranchlands. Mr. Hodgkiss' written testimony is attached.
The legislation includes a number of wide-ranging energy provisions that committee members wished to debate further. The next step will be committee markup of the bill; it is not known when the markup will be scheduled.
CELCP Program FY2010 Ranked List Due in December
In March 2009, the President signed the Omnibus Public Lands Management Act, which authorized an annual appropriation of $60 million for the Coastal and Estuarine Land Conservation Program (CELCP). In addition to the authorized amount, the legislation established several important changes to the program, which include dedicating fifteen percent of CELCP funding to the National Estuarine Research Reserve System, adding emphasis for projects that promote working waterfronts, and expanding eligibility opportunities for NGO's to hold in-kind match property. A complete description of the program changes can be found in the Federal Register notice and in the Full Funding Opportunity notice, which are posted on the CELCP website.
In light of the modified eligibility requirements, NOAA announced it would reopen the FY10 CELCP competition from August 18, 2009 to September 18, 2009 to provide states with an opportunity to adjust project proposals. Where ordinarily NOAA announces the CELCP rankings in September, the effect of the reopen period has been to delay announcement of the ranked list until early December 2009. The Commerce, Justice, Science and Related Agencies (CJS) appropriations bill will also determine how many FY10 CELCP projects receive funding. At the time of this writing, the House passed its version of the CJS appropriations bill, which includes $21.5 million for CELCP. The full Senate has yet to take up the FY10 CJS appropriations bill, but the Committee report allocates $20 million for the program. While it is positive that CELCP funding has increased incrementally since a low of $8 million in FY08, the overall number for the program still falls far short of meeting demand. An important objective for FY11 and beyond will be to reach the fully authorized level of $60 million for the CELCP program.
Congress is facing several important deadlines relating to transportation issues. First, the last comprehensive transportation authorization bill, SAFETEA-LU of 2005, expires on September 30, the end of the federal fiscal year. Second, the Highway Trust Fund, the main federal funding source for projects that is derived from gas taxes, is expected to run out of money by the end of the calendar year. Congress propped up the program with an infusion of $7 billion at the end of July before departing on its August recess (Public Law 111-46). Third, Congress needs to pass the annual transportation appropriations bill before September 30.
Leaders in the House of Representatives are continuing their plans to present a full $500 billion five-year transportation authorization bill on the House floor this year. The House bill, titled the Surface Transportation Authorization Act, is sponsored by James Oberstar, a Democrat from Minnesota, and John Mica, a Republican from Florida, the chairman and ranking member, respectively, of the House Transportation and Infrastructure Committee. The bill continues the 10% set-aside for transportation enhancements and combines that program and other similar ones into an Office of Livability.
However, neither the Senate nor the Obama Administration favor the full five-year plan proposed by the House. Senators and the administration have stated their preference for an 18-month extension of SAFETEA-LU and infusion into the Highway Trust Fund. Under this plan Congress and the Obama Administration would have until the spring of 2011 to complete a new bill. This week the House will take up a three-month extension of SAFETEA-LU hoping to keep the pressure for a new comprehensive bill.
Last week the Senate completed its work on the FY 2010 Transportation Appropriations bill by passing it on September 17, with a vote of 73 to 25. During its consideration of the bill, the Senate rejected by a vote of 39 to 59 an amendment that would have made transportation enhancements funding optional to the states. The House passed its bill on July 23. The House and Senate must reconcile now their two versions in conference. Given the impending end of the fiscal year on September 30, Congress will likely pass a continuing resolution (CR) to temporarily provide funding for federal agencies and programs.
Defense Appropriations Bill Update
On September 10, 2009, the Senate Appropriations Committee unanimously approved its version of the FY 2010 Defense Appropriations bill. The House of Representatives passed its version in a vote of 400-30 on July 30. Unless a conference report is agreed upon by September 30, the end of the federal fiscal year, Defense programs will be funding through a temporary continuing resolution.
The legislation includes funding for the Readiness and Environmental Protection Initiative (REPI). The Senate added $25 million to the President's Budget amount of $36.7 million for a total of $61.7 million. The House did not include any additional funds. In FY 2009 Congress appropriated $56 million for the program.
The REPI program also received support from the congressional Armed Services committees in their versions of the FY 2010 defense authorization bill. The House version included an additional $20 million for the program and the Senate added $25 million, matching the amount recommended by the Senate Appropriations Committee.
The report accompanying the Senate's version of the authorization bill noted, "since Congress provided the authority in 2003, over 130 projects have been initiated conserving more than 76,000 acres at 53 military installations in 23 states."
Legislation Introduced to Extend Federal Land Transaction Facilitation Act
The Federal Land Transaction Facilitation Act (FLTFA) is a little-known law that has played a significant role in protecting America's public lands. 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 Trust for Public Land has used this funding source to help federal agencies acquire lands in Oregon's Rogue National Wild and Scenic River corridor (site of Zane Grey's fishing camp at Winkle Bar); the Coconino National Forest in Arizona (Packard Ranch); La Cienega ACEC and Elk Springs ACEC in New Mexico; and most recently Zion National Park. FLTFA has proved to be a vital complementary funding source to the Land and Water Conservation Fund, but it's future is not yet secure. The original legislation expires in 2010, and TPL is working with the Conservation Fund, The Nature Conservancy, and numerous other conservation organization to reauthorize this program on a permanent basis. On July 28, 23 organizations signed a letter of support for the permanent reauthorization of the Federal Land Transaction Facilitation Act (see attachment at bottome of page).
Congressman Martin Heinrich of New Mexico has stepped forward to introduce H.R. 3339, a bill to make FLTFA permanent and remove the current restriction that limits the application of the law to lands that were identified for acquisition or disposal before the legislation was first enacted in 2000.
Four other member of Congress have joined Congressman Heinrich to cosponsor this legislation. They include Congresswoman Cynthia Lummis (R-WY), Congressman Rob Bishop (R-UT), Congressman Ben Ray Lujan (D-NM), and Congressman Joe Sestak (D-PA). Of particular note is the fact that Congressman Heinrich, Congresswoman Lummis, and Congressman Bishop are all members of the Natural Resources Committee, which has jurisdiction over the Federal Land Transaction Facilitation Act. Their names on this bill demonstrate strong bipartisan support for the reauthorization of FLTFA and augur well for the success of this effort.
Legislation to make permanent an important incentive for conservation continues to gather significant support in Congress. Bills introduced in the House and Senate will allow taxpayers to continue to deduct up to 50% of adjusted gross income (AGI) for donations or bargain sales of qualified conservation easements. Eligible farmers and ranchers can deduct up to 100% of AGI, and taxpayers are able to carry forward these deductions for 15 years. These provisions will expire at the end of year unless legislation is enacted to extend them.
The number of cosponsors in the House has reached 224, more than half of the membership of the House of Representatives. The bill, H.R. 1831, introduced by Congresman Mike Thompson of California, has strong bipartisan support. In the Senate, S. 812, introduced by Senator Max Baucus of Montana, has a total of 29 cosponsors. Click here for a full list of the cosponsors.
A broad coalition of groups, including The Trust for Public Land, is working to see this legislation enacted before the end of the year. A permanent extension will encourage conservation easement donations and allow landowners to confidently plan their conservation gifts for the future.
FILE ATTACHMENTS:
 LWCF Testimony |  FLTFA Support Letter |
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