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Copyright 2000 Federal News Service, Inc.  
Federal News Service

February 15, 2000, Tuesday

SECTION: PREPARED TESTIMONY

LENGTH: 1892 words

HEADLINE: JAMIE RAPPAPORT CLARK DIRECTOR U.S. FISH AND WILDLIFE SERVICE
 
BEFORE THE HOUSE COMMITTEE ON APPROPRIATIONS SUBCOMMITTEE ON INTERIOR AND RELATED AGENCIES

BODY:
 Good morning, Mister Chairman, and thank you for inviting me today to discuss the land acquisition programs in the U.S. Fish and Wildlife Service. I would like to address the following main topic:

Our ongoing work with the General Accounting Office which has addressed Congressional concerns regarding our priority setting and how we inform the Congress about new refuges.

I would also like to briefly describe our land acquisition request as part of the Administration's Lands Legacy initiative.

GAO Report

In a nutshell, the recent GAO report on our land acquisition program noted the following two issues:

1) That the FWS - under long-standing existing authorities - can establish National Wildlife Refuges through donations or other means outside of the annual appropriations process and funding from the Land and Water Conservation Fund. Under current procedures, the Congress oftentimes finds out about these new refuges when the FWS requests operations and maintenance funding to meet its new mission responsibilities. 2) That under the existing land acquisition priority setting system, the FWS criteria are subjective, do not reflect the true relative rankings of the projects, and that it is hard to differentiate between the projects at the national level.

How and why does the FWS acquire land?

The first great conservation era began in the closing decades of the nineteenth century and the dawn of the twentieth century when forward looking leaders like President Theodore Roosevelt had the vision to establish our first National Wildlife Refuge at Florida's Pelican Island to save beautiful birds from certain extinction at the hands of the then fashion industry. The refuge system remained a central core of the conservation movement during the twentieth century first with the creation of the popular Migratory Bird Conservation Fund, or "Duck Stamp" program in 1934, and second with passage of the Land and Water Conservation Fund created in 1964.

Now, on the dawn of the twenty-first century, we have an opportunity to further Theodore Roosevelt's vision yet meet the concerns of a new century. These range from sprawling development, increased recreational demand on the public lands, habitat destruction, and other factors.

We use several tools to conserve wildlife, fisheries and plant resources. We will consider land acquisition only after we have tried to use our other tools and even then a key principle is our ongoing commitment to work only with willing sellers.

We would like to stress, though, that the Service strongly views land acquisition as only one tool among many to meet our conservation goals. As a matter of policy, the Service first looks to the development of conservation easements, land exchanges or other types of partnership arrangements to meet national conservation goals. If none of these tools are available - or workable - the Service will evaluate the potential for land acquisition. Within the FWS, we further pride ourselves on our long-standing commitment to work only with willing sellers if in fact we do proceed to the potential for Federal land acquisition.

The decision on whether or not to acquire land is initiated by our on- the-ground staff and is based on how the proposed project would further our mission and goals. This staff, or eco-system team, will work with the regional office planning staff to craft a project proposal that is sent in for review and approval to conduct detailed planning. After the detailed planning is concluded, the regional directors will submit the completed decision for final approval and subsequent announcement in the Federal Register. At this stage, the project will be authorized for establishment using several acquisition and funding sources. They include:

The Migratory Bird Conservation Fund provides funding to acquire migratory bird habitat. The MBCF was authorized in the Migratory Bird Hunting and Conservation Stamp Act of March 18, 1934. The fund is comprised of revenues from the sale of Migratory Bird Hunting and Conservation Stamps, commonly known as Duck Stamps, appropriations authorized under the Wetlands Loan Act of October 4, 1961, import duties from arms and munitions, receipts from the sale of products from refuges, rights-of-way across refuge lands, sale of refuge lands, and reverted Federal Aid Funds. The fund finances the acquisition of lands for migratory birds, as authorized by the MBCA and approved by the Migratory Bird Conservation Commission, as well as small natural wetlands, and associated uplands, located mainly in the Prairie Pothole Region of the Upper Midwest. These lands are known as Waterfowl Production Areas.

LWCF funding purchases lands for the National Wildlife Refuge System. The lands acquired under the numerous authorities assist us in achieving our responsibility of being the principal Federal agency responsible for conserving, protecting, and enhancing, fish, wildlife and plants and their habitats for the continuing benefit of the American people. The Congress, through the Appropriations Committees, has the final decision making authority on funding for refuges, including the establishment of new ones.

Donations, transfers from other Federal agencies (DoD etc.) and land exchanges. We are authorized to accept lands via donations, land exchanges, and transfers. These types of acquisitions are used strategically. Prior to accepting a donation, transfer, or pursuing an exchange, we evaluate each proposal to ascertain whether it will correspond with our goals for the refuge system. The Director has the authority to approve these transactions and establish a new refuge unit.

How do we set priorities, particularly for LWCF projects?

LWCF project requests are based on Regional and National priorities that are developed using tools such as the Land Acquisition Priority System which generates a numerical ranking of all projects that are designated as available for funding. LAPS is based on empirical biological criteria which is analyzed to produce a final ranking. The LAPS list is publicly available on the Service web site or to any one who requests a copy.

We first implemented our Land Acquisition Priority System in 1987 and updated the criteria in 1992. Our current LAPS categories are basically tied to differing statutory authorities and include: Fisheries and Aquatic Resources; Endangered and Threatened Species; Bird Conservation; and Ecosystem Conservation. Projects are scored within these four categories against subjective criteria and then merged into a national, annual priority list which is used by our policy officials here in Washington and is shared with decision makers in the Department, the Administration, and the Congress.

While this system has worked well, criticisms have arisen that our criteria are subjective, do not reflect the true relative rankings of the projects, and do not differentiate between the projects at the national level.



Based on these criticisms, we started taking a hard look at the program in 1998 and over the past two years have attempted to reengineer our process. While this work is ongoing and incomplete, ! would like to share with you the template for where we hope -to be in time to formulate our proposed FY 2002 project lists.

While we're going to continue to use consistent national level criteria, we're going to push some of the decision-making down to the local level. Our existing Ecosystem Teams will develop habitat protection goals and objectives for their respective ecosystems and these goals and objectives will be the basis against which new acquisition proposals will be evaluated. For example, a project will begin at the eco-system level, be developed and refined through the regional office and finally come into Washington for final approval and authorization. After receiving the Director's approval, the proposed project will be announced in the Federal Register.

We are also trying to do a better job estimating operations and maintenance costs.

In the operations arena, we use our Refuge Operating Needs System (or RONS) to inventory and prioritize operations needs in three areas: to protect wildlife, to improve habitat, or to serve people. Under our system, the management needs of newly established refuges are evaluated against pressing needs at existing refuges.

Currently, estimated maintenance costs are identified in the Preliminary Project Proposal which are theoretically used to evaluate whether or not the proposal should move forward. It should be noted that, for the most part, operations and maintenance costs on a start- up project of relatively small size tend to be minimal.

In both cases, the problem tends to be when we take over management responsibilities for large parcels of land. An example would be the expansion of Saddle Mountain in Washington State through a DOE transfer which added roughly 57,000 acres to the NWR system or the DOD transfer of the Aroostook NWR parcel (5,058 acres). These large additions do require a larger initial investment, and are carefully evaluated against existing shortfalls and priorities are set within funding levels. In the case of Saddle Mountain, for example, the Administration's Budget request includes $356,000 for priority operations needs to eradicate and control invasives such as cheat grass and saltceder by establishing an integrated management program. The resulting habitat restoration will contribute to the conservation of shrub-steppe dependent breeding birds.

The GAO recommended that we:

Provide authorizing and appropriations committees, annually, a list of all approved and proposed refuges and refuge boundary expansions - including those for which the Congress declined to provide land and water funding. The list should identify, for each refuge, (a) estimated future requests for land and water funds and (b) estimated future operations and maintenance costs.

Expeditiously implement the revised automated priority-setting system for land and water funds, ensuring that the revisions correct the problems identified in the current system and that they meet the needs of the Service and Congressional appropriators.

We have agreed to implement the two recommendations that were raised in the recent GAO report on our land acquisition.

The Administration's Lands Legacy initiative

This is the second year of the Administration's Lands Legacy initiative which builds on our commitment to our natural environment through the preservation of our public lands and national treasures, and through partnerships with States and local communities to protect open spaces and natural resources.

Our components of this Initiative include a new State Non-Game Wildlife Grants program, the Cooperative Endangered Species Conservation Fund, and the North American Wetlands Conservation Fund.

We are requesting $111.6 million for our land acquisition program -- an increase of $59.9 million over 2000 - as part of the Department's overall land acquisition program. We will play a leading role in major Departmental priorities, with $30.0 million for key habitat acquisitions in the Everglades; $ 8.0 million for the New Jersey/New York bight; $6.0 million for the Mississippi Delta; and other priorities.

Mr. Chairman, that concludes my testimony.

END



LOAD-DATE: February 17, 2000




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