January Update: LWCF State Grants and Reauthorizaton
Here is a good summary of what is going on in DC right now related to LWCF and state grants
Appropriators boost LWCF three ways in money bill
The House and Senate gave final approval December 18 to an omnibus appropriations bill (PL 114-113) with significant assistance to the Land and Water Conservation Fund (LWCF). President Obama signed the bill into law the same day. In effect LWCF went three-for-four in a House-Senate conference agreement on HR 2029, with the state side program the big winner. First, Congress extended the underlying program as is for three years. Second, it put up $110 million for state side grants, more than twice as much as in current years. Third, it approved a $56.6 million increase for federal land acquisition over fiscal 2015. But in the fourth area, the appropriators did not extend the program permanently, as conservationists and the Obama administration requested, just for the three years. Local and state park officials, as represented by the National Recreation and Park Association (NRPA), were pleased, to say the least.
Said Kevin O’Hara, vice president of urban and government affairs for the association, in a statement provided to FPR, “NRPA is thrilled that Congress is reinvesting in the LWCF – not only reauthorizing the landmark legislation for three years, but also more than doubling the FY15 allocation to $110 million for the state assistance program which includes $12 million for an urban competitive grant program. This allocation to the state assistance program, the largest since 2002, shows that Congress is doing (its) part to support the $140 billion local park and recreation industry that supports nearly 1 million jobs.” Sportsmen also praised the provision. “Strong bipartisan support for the LWCF overcame fringe elements in the Senate – and House Natural Resources Chair Rob Bishop (R-Utah) – to do the right thing for conservation and public access,” Backcountry Hunters and Anglers President Land Tawney said. “Unfortunately this provision is like getting a bike for Christmas with no air in the tires,” he added. “Congress had the opportunity to do the right thing for LWCF once and for all but failed to move language already developed that would permanently reauthorize one of our nation’s most historic, successful conservation programs.”
There was pushback against LWCF. Before the final vote December 18 the American Land Rights Association (ALRA) attempted to rally support against both the LWCF appropriations provision and a permanent extension of the program. Said Chuck Cushman, president of ALRA in a bulletin to his members, “The LWCF is how the Park Service, Forest Service, Fish and Wildlife Service, and Bureau of Land Management buy millions of acres of private land and make it government land taking it off the tax rolls. It funds eminent domain (condemnation) by these agencies.” He went on, “The Park Service alone has purchased the homes, farms and land of over 100,000 landowners, many under the threat of condemnation. The LWCF is the enemy of rural America, ranching, farming and private land ownership.”
Ranking House Natural Resources Committee Democrat Raúl M. Grijalva (D-Ariz.) was disgruntled because Congress did not make the program permanent. “The Republicans’ funding LWCF for three years is not a major political concession, it’s a bare-minimum acknowledgement of reality,” he said. “It’s like allowing the sale of apple pie for another three years.” Grijalva took a swipe at resource committee chairman Bishop, who has introduced a bill to shake up LWCF by reauthorizing the program for seven years and to substantially revise distributions of the $900 million annual authorization. Grijalva has introduced legislation (HR 1814) to reauthorize the program in perpetuity. “My bill to permanently reauthorize the Fund has 200 bipartisan cosponsors,” he said. “Chairman Bishop’s unnecessary changes found no support, even from his own leadership, in the final deal, and I hope that means we can put this trumped-up controversy to rest.”
Alan Rowsome, senior director for government relations for lands for The Wilderness Society, called the bill a “mixed bag” because it did not make LWCF permanent. “Handed a huge opportunity to do right by the Land and Water Conservation Fund after allowing it expire in September, Congress snatched defeat from the jaws of victory by failing to permanently renew and fully fund this important program,” he said. “They instead renewed LWCF for just three years, which does not protect the program’s long-term future and instead ensures a long, unnecessary fight over this popular bipartisan parks program.”
In approving the extension of LWCF for three years House and Senate appropriators renewed the underlying program without changing its configuration. That means the program continues to be authorized at $900 million per year, subject to appropriation. It also means appropriators didn’t accept Bishop’s recommendation that Congress reprioritize the program to give state grants greater precedence. The appropriations agreement allocates $234.2 million for the traditional federal land acquisition side of LWCF. That represents a $56.6 million increase from a fiscal 2015 appropriation of $177.6. For the state side of LWCF the Congress approved $110 million, compared to a fiscal 2015 appropriation of $48 million.
So now the battle shifts to a permanent extension of LWCF. Grijalva, other Democrats and conservationists promised to work on it. “I’m redoubling my efforts as of today to make sure we permanently reauthorize LWCF and move on to more pressing business,” said Grijalva. Said Sen. Michael Bennet (D-Colo.), “We’re glad it received a three-year extension, but we will continue to fight for its permanent reauthorization and full funding in the years to come.” Looking at the long term for LWCF the Senate Energy Committee November 19 approved legislation that would permanently reauthorize LWCF.
Senate Energy Committee Chairman Lisa Murkowski (R-Alaska) inserted the provision in a popular bill (S 556) that would benefit hunters and fishermen, particularly on the public lands. Ranking committee Democrat Maria Cantwell (D-Wash.) endorsed the measure. The Senate committee previously approved a similar LWCF provision on July 30 in a comprehensive energy bill (S 2012). To give the Senate provision cover in the House, veteran House Appropriations Committee member Mike Simpson (R-Idaho) December introduced it as a stand-alone bill (HR 4151). Simpson at one time chaired the House subcommittee on Interior and Related Agencies Appropriations, which is responsible for writing annual spending bills that allocate LWCF money.
Conservationists contrasted Simpson’s bill with Bishop’s discussion draft bill. The Bishop draft would slash funding for the federal side of LWCF but give great support to the state side. States traditionally receive a small fraction of the total LWCF pie; the draft Bishop bill would guarantee them 45 percent. In addition Bishop would allocate five percent of LWCF to an urban recreation fund, sort of a follow-on to an Urban Parks and Recreation Recovery program. He would allocate just 3.5 percent to federal land acquisition.
The Obama administration rejected Bishop’s discussion draft bill out-of-hand at a November 18 hearing. Said Kristen J. Sarri, deputy assistant secretary of Interior for Policy, “The draft bill proposes overly prescriptive, top-down, and arbitrary limits on federal land acquisition, which would undermine efforts to create, protect and preserve public access to some of our nation’s most important outdoor spaces.”
A half-dozen bills have been introduced in the House and Senate to reauthorize the program, most of them straight-up permanent extensions. In the Senate they include S 338 from Sen. Richard Burr (R-N.C.), S 890 from Cantwell, S 1925 from Sen. Martin Heinrich (D-N.M.) and S 2165 from Cantwell. In addition on November 19 Sen. John Barrasso (R-Wyo.) introduced a bill (S 2318) to extend LWCF for 10 years. He would rejigger the formula by directing appropriators to put up 60 percent for states and 40 percent for federal land buys.
The House has not been as active as the Senate. Two bills to reauthorize LWCF have been introduced, the Grijalva bill and the Simpson bill. The final appropriations provision referees an ongoing dispute between western Republicans and conservationists. The western Republicans say Congress has emphasized federal acquisition at the expense of the state program, which is more popular with the public.
The Bishop bill: The draft would extend LWCF for seven years with an authorization of $900 million per year, leaving it up to appropriators to decide how much of the $900 million to set aside each year for LWCF. But the bill would require appropriators to follow these nine percentage allocations therein:
* 45 percent – stateside of LWCF
* 5 percent – urban fund
* 3.5 percent – federal land acquisition
* 3.5 percent – deferred federal land maintenance
* 3.5 percent – Forest Legacy (Forest Service)
* 3.5 percent – Endangered Species Act fund
* 1 percent – battlefield acquisition
* 20 percent – offshore energy development
* 15 percent – payments-in-lieu of taxes
Senate LWCF bill: The sportsmen’s bill would allot 40 percent of the total LWCF appropriation per year for federal land acquisition and at least 1.5 percent per year (or more than $10 million) for access to federal land for recreational purposes. It would also require expenditure of at least 40 percent of annual LWCF appropriations for a combination of state LWCF grants, Forest Legacy grants, endangered species grants and an American Battlefield Protection Program.
Fiscal 2016 LWCF appropriation: In addition to the program reauthorization HR 2029 makes these allocations:
LWCF FEDERAL: PL 114-113 includes $234.2 million for the traditional federal land acquisition side of LWCF. That represents a $56.6 million increase from a fiscal 2015 appropriation of $177.6. By agency the Bureau of Land Management will receive $38.6 million compared to $20 million in fiscal 2015; the Fish and Wildlife Service will receive $68.5 million compared to $47.5 million; the Park Service will receive $63.7 million compared to $51 million; and the Forest Service will receive $63.4 million compared to $47.5 million.
LWCF STATE: HR 2029 appropriates $110 million, compared to $48 million in fiscal 2015.
