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Copyright 1999 Federal News Service, Inc.  
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MARCH 9, 1999, TUESDAY

SECTION: IN THE NEWS

LENGTH: 1983 words

HEADLINE: PREPARED TESTIMONY OF
BERNADETTE CASTRO
COMMISSIONER AND
STATE HISTORIC PRESERVATION OFFICER
NEW YORK STATE OFFICE OF PARKS, RECREATION
AND HISTORIC PRESERVATION
BEFORE THE HOUSE RESOURCES COMMITTEE
SUBJECT - HR 701 & HR 798
LAND AND WATER CONSERVATION FUNDING

BODY:

Thank you Chairman Young and Members of the Committee for this opportunity to testify before you on the Conservation and Reinvestment Act and the Resources 2000 Act. My name is Bernadette Castro and I am the Commissioner of New York State Office of Parks, Recreation and Historic Preservation.
I speak to you today not only as the Commissioner of New York State Parks, but also as a member of the Board of Directors of the National Association of State Outdoor Recreation Liaison Officers, as co-chair of the Legislative Committee of the National Association of State Park Directors and as co-chair of Governor George E. Pataki's Empire State Task Force for Land and Water Conservation Funding. I commend you, Mr. Chairman, for your leadership to re-establish the Land and Water Conservation Fund "state side" program through the introduction of this legislation, HR 701, that will benefit urban, suburban and rural areas throughout the country. My compliments to your ranking minority member, Mr. Miller from California for his commitment to working with you on this important issue.
My testimony today will focus on the provisions of your bill that would re-establish the Land and Water Conservation Fund "state side" program.
As you know, in 1964 Congress created the Land and Water Conservation Fund (LWCF) to preserve, develop and ensure that all Americans had access to quality outdoor recreation and to strengthen the health and quality of life in our communities. It was a simple idea: a "pay as you go" program using revenues from resource use, primarily from Outer Continental Shelf oil and gas receipts that were to be used to support the creation of national and community parks, forests, wildlife refuges and open spaces.
Since its inception, LWCF has been responsible for the creation of nearly seven million acres of parkland, water resources, open space and the development of more than 37,000 state, municipal and local parks and recreation projects; 1100 projects were undertaken in New York and resulted in 65,000 acres being acquired for recreational use. From playgrounds and ball fields, scenic trails and nature preserves, LWCF has been the key to providing places for all Americans to recreate, relax and get outdoors.
Let me give you some examples of how "state side" money has been used in New York.
Over the years we have applied millions in LWCF state side funding to projects at Niagara Falls Reservation (State Park). Without this funding this oldest continuously operated state park in the nation, which sees nearly 7 million visitors annually would not be the treasure that it is today. These projects included the development and construction of a new visitor / information center, reconstruction of walkways, renovation of electric service and creative landscaping which interprets the system of Great Lakes.At Jones Beach State Park, the largest public bathing facility in the world, we have invested millions in Land and Water Conservation Funds. Together this funding has restored this jewel to its historic splendor. Each year, 8 million visitors from around the world, enjoy this recreational resource on the Atlantic Ocean. Projects at this facility included total reconstruction of the 2 mile Jones Beach Boardwalk, restoration of the East End and West End Bath Houses (swimming pools and related facilities) and improvements to our parking areas and sewage treatment facilities.
In our urban areas we supported an application for a very special park, "A Playground for All Children." LWCF funding ($400,000) made it possible for the Flushing Meadow, Queens community to construct a playground for all children; for those that have physical challenges, as well as for other children to enjoy. It has served as a creative facility that was undertaken well before the era of the Americans With Disabilities Act. It included interpretive trails, playground apparatus, a sports and game area, a water wheel, sports courts, a "rolling" hill and sports track.
Working with Onondaga County, we directed LWCF funding to the Burnet Park Zoo in the city of Syracuse; $1.1 million dollars was applied to bring this aging facility up to modem standards for the public to enjoy in a park setting. LWCF funding helped complete this $12 million dollar project.
As you can see, state side funding has supported a variety of projects that appeal to the diversity of our population.
Governor Pataki has been a leader in the effort to renew "state side" funding. Last year, the Governor called for the creation of the Empire State Task Force on Land and Water Conservation Funding to educate the public on the importance of state side funding, what it has accomplished and what it could accomplish in the future and to support those efforts in Congress to re-establish this federal funding source. On January 20, 1999, the Governor, through the Task Force, hosted over 400 leaders of parks and openspace advocacy groups in Albany for a summit to educate and advance reinstating "state side" assistance. Governor Pataki has also contacted many Members of Congress in the past to express his commitment to this vital program and what it means to New York State. The membership of the Task Force is diversified and includes Laurance S. Rockefeller as honorary Chairman, John P. Cahill, Commissioner of NYS Department of Environmental Conservation as my co- chair, NY Secretary of State Alexander F. Treadwell who is responsible for New York's Coastal Zone Management program, Theodore Roosevelt IV, Mark Rockefeller son of Nelson, several municipal organizations including the NY Conference of Mayors and Association of Counties, The Conservation Council representing sportsmen, and a variety of environmental organizations from the National Audubon Society NY Office to the Nature Conservancy, Open Space Institute and Trust for Public Land, just to name a few.
It is critical that a stable source of funds for the LWCF be established. As you know, LWCF has been critically underfunded at approximately one-third of its annually authorized level of $900 million, with no funding provided to the state-side matching grant program in recent years.In New York, Governor George E. Pataki has been a leader in providing for the creation of recreation and open space lands and providing support for localities to develop outdoor recreation facilities. Through the Governors efforts we have a fully dedicated Environmental Protection Fund and a Clean Water / Clean Air Bond Act, each contributing financial support to localities wishing to expand their openspace and recreational resources. New York State has done its share to provide some of the necessary resources for outdoor recreation and conservation. However, we can not meet the need for local parks alone. Since 1995, State Parks has received 1050 applications for park projects. Communities have sought to invest over $600 million in recreational facilities. Although most of these projects are solid, worth while park projects, 800 of them have yet to be undertaken.

Federal support of these projects will help New York leverage the investments we have made through our Environmental Protection Fund and Clean Air/Clean Water Bond Act.
We want to continue to build on success stories in New York such as restoring the beautiful beaches on Long Island, to building shaded parks in New York City, to helping revitalize waterfront areas and small town parks throughout the state. Mr. Chairman, we applaud your efforts and your commitment to re-establishing a federal/state/local partnership by providing revenues for the revitalization of the "state-side" grant-in-aid Land and Water Conservation Fund.
Let me share with you what I believe should be included in any legislation that is advanced by the House:
1. The legislation should permanently provide $900 million dollars annually to support both the federal and state side of LWCF without the need for annual appropriations.
2. This funding should be evenly split between the federal and state side programs. These two programs complement each other and any new legislation should assure that they do not compete with each other for funding, nor should it place new limitations on the use of the funds that would reduce their effectiveness.
3. The legislation should provide for full funding for the Land and Water Conservation Fund state side program and address important wildlife needs and coastal zone issues.
4. The state side program should fund acquisition, planning, development and capital rehabilitation. It is worth noting that the state side program has in the past supported capital rehabilitation. These types of projects should be authorized by the plain language of the act and not left to interpretation. I note that the Urban Park and Recreation Recovery Act (UPARR) provides for this type of project and the Senate version of CARA includes language in this regard that we believe should be added to the House version.5. The allocation of all state side funds should be based on a formula that recognizes the recreational needs of the state's residents placing emphasis on population and land mass with a lesser component to be shared equally between all the states.
6. Projects should be prioritized based on a state implemented public process. In New York we are proud of these public processes that we use to review projects and establish priorities for our openspace program. We look forward to applying these processes to state side funding and the creation of our State Action Plan as required by HR. 701. At this point I would also offer as an aside, that considering the effort that will be put into the creation of a state action agenda, at a minimum, the National Park Service should coordinate with the state prior to awarding UPARR grants to ensure a cooperative approach.
7. Any legislation which deals with revenues derived from the extraction of natural resources on the Outer Continental Shelf should not create incentives for that extraction. As a coastal state, New York is very interested in sharing an equitable portion of outer continental shelf revenues with other coastal states which will help fully fund the Land and Water Conservation Fund. Revenue derived from this national asset should be reinvested into initiatives which provide benefits for future generations. I congratulate the Chairman in recognizing this issue and taking steps to address the concerns that were expressed with last year's bill and I encourage the sponsors to take those additional steps necessary to eliminate the issue completely. However as a representative of a coastal state, I do not believe eliminating the entire program as proposed in Resources 2000 is the best solution.
8. Most importantly, funding for this program must not come at the expense of other federal dollars which are provided in support of the states.
It is apparent from the outpouring of interest from groups throughout New York State that there is a great deal of momentum toward seeing a renewal of state-side funding for the LWCF and full funding for the entire Land and Water Conservation Fund.
For one moment, I must make some comments as New York's State Historic Preservation Officer. While we have been primarily focused on the use of the Land Water Conservation Fund for support of federal land acquisition and the state side program, in the past Outer Continental Shelf revenues have also been used to support state activities to enforce the National Historic Preservation Act. I hope that any successful legislation will include a component to provide this funding to the Historic Preservation Fund and to increase funding over current amounts, so that we may be able to provide grants to preserve historic treasures which are on the National Register of Historic Places.
Thank you for this opportunity to testify.
END


LOAD-DATE: March 12, 1999




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