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Search Terms: "Conservation and Reinvestment Act", House or Senate or Joint

Document 41 of 92.

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APRIL 20, 1999, TUESDAY

SECTION: IN THE NEWS

LENGTH: 2398 words

HEADLINE: PREPARED STATEMENT OF
THE HONORABLE JANE HAGUE
NACO FIRST VICE PRESIDENT
AND COUNCILMEMBER
KING COUNTY, WASHINGTON
ON BEHALF OF THE NATIONAL ASSOCIATION OF COUNTIES
BEFORE THE SENATE ENERGY AND NATURAL RESOURCES COMMITTEE
SUBJECT - ON S. 25, THE CONSERVATION
AND REINVESTMENT ACT OF 1999;
S. 446, THE RESOURCES ACT OF 2000;
S.532, THE PUBLIC LAND AND RECREATION INVESTMENT ACT OF 1999;
AND THE ADMINISTRATION'S LANDS LEGACY INITIATIVE

BODY:

MR. CHAIRMAN AND MEMBERS OF THE COMMITTEE, MY NAME IS JANE HAGUE. I AM A COUNCILMEMBER FROM KING COUNTY, WASHINGTON AND I AM HERE TODAY REPRESENTING THE NATIONAL ASSOCIATION OF COUNTIES (NACo)* IN MY CAPACITY AS FIRST VICE PRESIDENT.
NACo IS PLEASED TO TESTIFY ON BEHALF OF THIS IMPORTANT LEGISLATION THAT, IF ENACTED, WILL HAVE VERY POSITIVE EFFECTS ON OUR NATION'S COUNTIES AND COMMUNITIES. THIS LEGISLATION PRESENTS AN EXCITING OPPORTUNITY BECAUSE OF THE GENUINE SUPPORT FROM SUCH A BROAD RANGE OF INTERESTS AND THE FACT THAT THE ADMINISTRATION, THE U.S. HOUSE OF REPRESENTATIVES AND THE SENATE HAVE VERY SIMILAR PROPOSALS. IT IS IMPORTANT TO NOTE THE BIPARTISAN NATURE OF THESE PROPOSALS AND THE DISTINCT POSSIBILITY THAT SOMETHING WILL BE DONE IN THIS ARENA IN THIS CONGRESS. EACH BILL USES OUTER CONTINENTAL SHELF (OCS) REVENUE AS THE SOURCE FOR FUNDING THE DISTRIBUTION PROPOSED BY THIS LEGISLATION, AND EACH HAS SIMILAR USES IN MIND.
TODAY I WILL FOCUS MY REMARKS PRIMARILY ON THE CONSERVATION AND REINVESTMENT ACT OF 1999, (CARA), S. 25, HOWEVER, I WILL TOUCH ON THE OTHER PROPOSALS.
AT OUR 1999 LEGISLATIVE CONFERENCE, OUR BOARD OF DIRECTORS ADOPTED A RESOLUTION IN SUPPORT OF MOST OF THE CONCEPTS EMBODIED IN THE SENATE CARA LEGISLATION, AND SINGLED OUT THE WISDOM OF INCLUDING A PROVISION THAT WOULD HELP FUND THE PAYMENTS IN LIEU OF TAXES (PILT) PROGRAM. WHILE NOT CURRENTLY IN S. 25, SUCH A PROVISION IS INCLUDED IN THE HOUSE VERSION OF THIS LEGISLATION, H.R. 701.
OUR RESOLUTION STATES: "NACo STRONGLY SUPPORTS THE PRINCIPLES OF THE CONSERVATION AND REINVESTMENT ACT OF 1999 (CARA'99) THAT WOULD REALLOCATE OUTER CONTINENTAL SHELF (OCS) OIL AND GAS REVENUES TO THE LAND AND WATER CONSERVATION FUND (LWCF), A COASTAL STATE REVENUE SHARING PROGRAM, ADD FUNDING TO THE URBAN PARK AND RECREATION RECOVERY (UPARR) PROGRAM AND ESTABLISH AN INNOVATIVE PROCEDURE FOR ADDING FUNDING FOR THE PAYMENTS IN LIEU OF TAXES (PILT) PROGRAM, IN ADDITION TO ANNUAL APPROPRIATED FUNDS. NACo WILL ADVOCATE A CHANGE IN THE "STATESIDE" PROGRAM TO ALLOW COUNTIES TO DIRECTLY APPLY FOR LWCF GRANTS AND PROVIDE AUTHORITY FOR INNOVATIVE AND FLEXIBLE METHODS FOR UTILIZATION OF THEE GRANTS SUCH AS A LEASING PROGRAM, RATHER THAN OUTRIGHT PURCHASE OF LAND THAT REMOVES THEM FROM TAX ROLES."WE ALSO HAVE ANOTHER RESOLUTION, THAT WAS PASSED IN JULY 1998, SUPPORTING OCS REVENUE SHARING WITH COASTAL STATES, AND NACo'S LARGE URBAN COUNTY CAUCUS HAS MADE THE FUNDING OF PARKS AND OPEN SPACE A PRIORITY FOR THEIR LEGISLATIVE AGENDA. I BELIEVE IT IS CLEAR WHY NACo SUPPORTS MANY OF THE PROVISIONS OF THIS LEGISLATION.
LET ME TAKE THIS OPPORTUNITY TO COMMENT ON SOME OF THE ISSUES SURROUNDING THIS LEGISLATION.
FIRST, NACo IS VERY PLEASED THAT THE BILL RECOGNIZES THE SIGNIFICANT IMPACT OCS DEVELOPMENT CAN HAVE ON COASTAL COUNTIES AND HAVE TAKEN STEPS TO ASSURE THAT ANY SHARED REVENUE FROM OCS DEVELOPMENT IS SHARED WITH COASTAL COUNTIES. IT IS CRITICALLY IMPORTANT THAT COASTAL COUNTIES HAVE THE RESOURCES TO MAKE IMPROVEMENTS IN AIR AND WATER QUALITY, IMPROVE FISH AND WILDLIFE HABITAT, SECURE AND IMPROVE WETLANDS OR OTHER COASTAL RESOURCES, INCLUDING SHORELINE PROTECTION AND RESTORATION. AS KING COUNTY FACES SIGNIFICANT CHALLENGES WITH THE LISTING OF IMPORTANT FISH SPECIES IN PUGET SOUND UNDER THE PROVISIONS OF THE ENDANGERED SPECIES ACT, WE ARE MIGHTILY AWARE OF THE NEEDS TO PROTECT WATER QUALITY, AND THE POTENTIAL UPSTREAM HABITATS OF COASTAL FISH SPECIES.SECOND, THE BILL ACKNOWLEDGES THE NEED TO FUND THE STATESIDE PORTION OF THE LWCF AND WOULD ASSURE THAT COUNTIES WOULD SHARE THE REVENUES SET ASIDE OF THE STATES. WE BELIEVE IT WOULD BE PREFERABLE TO HAVE COUNTIES BE ABLE TO UTILIZE THEIR SHARE OF THE FUND WITHOUT HAVING TO WORK WITHIN THE MANDATED STRUCTURE OF A STATE PLAN, BUT WE BELIEVE AN ACCEPTABLE APPROACH CAN BE WORKED OUT DURING DELIBERATIONS ON THE BILL. WE ALSO BELIEVE WE NEED TO LOOK AT INNOVATIVE APPROACHES, SUCH AS CONSERVATION LEASING TO MEET THE GOALS OF THE LWCF WITHOUT REMOVING LAND FROM THE TAX ROLES.
CONSERVATION LEASING IS A NEW CONCEPT THAT WOULD UTILIZE A NEW TOOL FOR COUNTIES AND LOCAL GOVERNMENT TO MEET OPEN SPACE AND CONSERVATION NEEDS, WHILE MAINTAINING NEEDED FLEXIBILITY FOR LOCAL OFFICIALS TO MANAGE THEIR OPEN SPACE REQUIREMENTS OUTSIDE THE TRADITIONAL ZONING APPROACH. ZONING IS A VERY USEFUL TOOL FOR LOCAL GOVERNMENT, HOWEVER IT CAN ESTABLISH CERTAIN VIRTUALLY PERMANENT LAND USE RIGHTS, WHICH IF MODIFIED UNILATERALLY BY LOCAL GOVERNMENT, COULD BE SUBJECT TO LITIGATION. "DOWNZONING" HAS STRONG OPPOSITION FROM SOME PRIVATE PROPERTY INTERESTS. CONSERVATION LEASING COULD ALLOW LOCAL GOVERNMENT THE FLEXIBILITY OF USING STATESIDE LWCF FUNDS FOR MID OR LONG TERM LEASING ARRANGEMENTS, IN COOPERATION WITH PRIVATE PROPERTY OWNERS, WHICH COULD MEET THE LAND USE GOALS OF THE COMMUNITY, WITHOUT EXTINGUISHING PRIVATE PROPERTY RIGHTS OR REMOVING LAND FROM THE LOCAL PROPERTY TAX ROLES IN PERPETUITY.
I WOULD LIKE TO DRAW THE COMMITTEE'S ATTENTION TO THE INNOVATIVE APPROACH INCLUDED IN THE HOUSE VERSION OF CARA, H.R. 701, TO ADDING MONEY TO THE PILT PROGRAM THAT DOES NOT APPEAR IN S. 25. H.R. 701 WOULD USE INTEREST GENERATED BY THE DEPOSIT OF THE FUNDS FROM TITLES I AND II AND APPLY THEM TO FUNDING THE WOEFULLY UNDERFUNDED PILT PROGRAM. THIS COULD MEAN AN ADDITIONAL $40 MILLION TO $100 MILLION ANNUALLY FOR THE PROGRAM DEPENDING ON TREASURY RATES. S. 25 REQUIRES THAT THE INTEREST ACCUMULATED FROM THE DEPOSIT OF FUNDS FROM TITLES I AND H BE INCLUDED IN THE PAYMENTS TO STATES. THE HOUSE SPONSORS SHOULD BE APPLAUDED FOR RECOGNIZING THE NEED TO FUND THE PILT PROGRAM AT REASONABLE LEVELS. LET ME SHARE WITH YOU SOME INTERESTING FACTS FROM A SOON-TO-BE-RELEASED PILT STUDY BY THE FEDERAL GOVERNMENT:
- OVERALL PILT PAYMENTS ARE ABOUT $1.31 PER ACRE LESS THAT THE PROPERTY TAXES THAT WOULD BE GENERATED. PILT ENTITLEMENT LANDS IN THE SAMPLE COUNTIES WOULD HAVE GENERATED AN AVERAGE OF $1.48 PER ACRE IF TAXED BY THE COUNTY, BUT PILT PAYMENTS ONLY AMOUNT TO AN AVERAGE OF 17 CENTS, ONLY 11 PERCENT OF THE POTENTIAL TAX BILL.
- TO FULLY FUND PILT ANOTHER $100 MILLION WOULD HAVE TO BE ADDED TO THE $125 MILLION CURRENTLY APPROPRIATED.
- TO ACHIEVE OVERALL PILT/TAX EQUIVALENCY ANOTHER $696 MILLION WOULD HAVE TO BE ADDED TO FULL FUNDING OF THE PILT PROGRAM, AND EVEN THEN 18 PERCENT OF THE COUNTIES WOULD NOT BE EQUIVALENT.
- IN THE CASE OF THE EAST, TAXES WOULD EXCEED PILT PAYMENTS BY OVER 1,000 PERCENT.
- COUNTIES IN THE INTERIOR WEST RESPONDED THAT MODERATE OR SUBSTANTIAL COSTS WERE IMPOSED BY THE PRESENCE OF FEDERAL LANDS, PARTICULARLY IN THE AREAS OF SEARCH AND RESCUE, LAW ENFORCEMENT AND ROAD MAINTENANCE.
- THE PRESENCE OF FEDERAL LANDS IN A COUNTY PROVIDE VIRTUALLY NO DIRECT FISCAL BENEFITS (OTHER THAN PILT AND EXISTING REVENUE SHARING PROGRAMS) TO COUNTIES.

NACo IS THE ONLY NATIONAL ORGANIZATION ADVOCATING FOR ADDITIONAL FUNDING FOR THE PILT PROGRAM, AND WOULD HEARTILY RECOMMEND THIS COMMITTEE CONSIDER INCLUDING LANGUAGE TO ASSIST THE PILT PROGRAM.
NACo, THROUGH ITS LARGE URBAN COUNTY CAUCUS, APPLAUDS THE INCLUSION OF FUNDING FOR THE URBAN PARKS AND RECREATION RECOVERY ACT (UPARR). PARKS AND OPEN SPACE ARE IMPORTANT FACTORS IN IMPROVING THE QUALITY OF LIFE IN AMERICA'S URBAN COUNTIES. WE BELIEVE IMPROVING OUR PARKS AND PRESERVING AND ACQUIRING ADDITIONAL OPEN SPACE WILL ASSIST OUR EFFORTS TO ATTRACT NEW ECONOMIC OPPORTUNITIES FOR OUR COUNTIES, AND PROVIDE SUBSTANTIAL BENEFITS TO OUR CITIZENS BY REDUCING CRIME AND PROVIDING COST SAVINGS TO THE TAXPAYER.
IN THE EARLY '60S, THE FEDERAL GOVERNMENT MADE A COMMITMENT TO USE FUNDS COLLECTED FROM OFF-SHORE OIL AND GAS DRILLING TO SUPPORT THE DEVELOPMENT OF LOCAL PARKS, BUT IN THE LAST 10 YEARS HAS NOT FULFILLED THAT COMMITMENT. IN RESPONSE TO THIS LEGISLATION, NACo AND THE U.S. CONFERENCE OF MAYORS JOINTLY SPONSORED A TELEPHONE SURVEY OF AVERAGE CITIZENS TO DETERMINE THEIR OPINION OF THE PARKS IN THEIR COMMUNITIES. THIS SURVEY, CONDUCTED BY NATIONAL RESEARCH, LLC, CONSISTED OF RANDOM TELEPHONE CALLS UNTIL 1,200 PEOPLE IN THE 50 LARGEST METROPOLITAN STATISTICAL AREAS (AS DEFINED BY THE BUREAU OF THE CENSUS) HAD COMPLETED RESPONSES TO A SERIES OF SIX QUESTIONS.THE FIRST QUESTION ASKED WHETHER THE FEDERAL GOVERNMENT SHOULD BE HELD TO THIS COMMITMENT AND CONTINUE TO PROVIDE FUNDING FROM THIS REVENUE SOURCE. SEVENTY-ONE PERCENT OF THE RESPONDENTS ANSWERED "YES" TO THIS QUESTION, WHILE 17 PERCENT DID NOT KNOW. ONLY 12 PERCENT ANSWERED "NO".
NEXT, RESPONDENTS WERE ASKED WHETHER THEY AGREED THAT PARKS AND OTHER RECREATIONAL FACILITIES AND OPEN SPACES WERE BENEFICIAL TO THEIR COMMUNITIES. AN OVERWHELMING MAJORITY (89 PERCENT) AGREED OR STRONGLY AGREED WITH THIS STATEMENT. ONLY 8 PERCENT DISAGREED AND ONLY ! PERCENT STRONGLY DISAGREED WITH THE STATEMENT.
SEVENTY-FOUR PERCENT OF THE RESPONDING CITIZENS (28 PERCENT STRONGLY) AGREED THAT PARKS AND RECREATIONAL OPPORTUNITIES WOULD HELP PREVENT JUVENILE CRIME AND DELINQUENCY. ONLY 23 PERCENT (3 PERCENT STRONGLY) DISAGREED WITH THIS CONCEPT.
WHEN ASKED IF THEY FELT THAT THE PRESENCE OF PARKS AND OPEN SPACES HELPED BENEFIT THE ECONOMIC STABILITY OF THEIR COMMUNITIES AND THEIR PROPERTY VALUES, 86 PERCENT AGREED (32 PERCENT STRONGLY). ONLY 12 PERCENT OF SURVEY PARTICIPANTS DISAGREED (1 PERCENT STRONGLY).THE HIGHEST RESPONSES IN THE SURVEY WERE THOSE IN AGREEMENT WITH THE IDEA THAT FEDERAL, STATE AND LOCAL GOVERNMENTS SHOULD TAKE STEPS TO PRESERVE AND EXPAND PARKS AND OPEN SPACES FOR FUTURE GENERATIONS. A WHOPPING 92 PERCENT OF RESPONDERS, WITH 52 PERCENT STRONGLY AGREEING, FELT THAT ALL LEVELS OF GOVERNMENT SHOULD WORK TOWARD THIS GOAL.
FINALLY, AND PROBABLY THE MOST IMPORTANT STATED OPINION IN THE SURVEY, 98 PERCENT OF THE RESPONDENTS FEEL THAT PARKS AND RECREATIONAL ACTIVITIES ARE IMPORTANT TO THE QUALITY OF LIFE IN THEIR COMMUNITIES. OF THIS 98 PERCENT, 61 PERCENT INDICATED THAT PARKS WERE VERY IMPORTANT.
LET ME PROVIDE SOME SPECIFIC EXAMPLES. ACCORDING TO PETE SODERBERG, IN A 1994 MONTEREY COUNTY, CALIFORNIA PARKS DEPARTMENT REPORT CALLED, "THE WHEEL OF SERVICE - PARKS AND PUBLIC: A POWERFUL PARTNERSHIP", QUOTE, "IN TOTAL, OVER $150 MILLION IN BENEFIT TO THE LOCAL ECONOMY WAS GENERATED THROUGH THE PARK SYSTEMS 1994 ACTIVITY FOR AN INVESTMENT OF ONLY $1,280,000 FROM THE COUNTY GENERAL FUND". MR. CHAIRMAN, THAT IS A VERY POSITIVE RETURN ON THIS INVESTMENT.
IN MARICOPA COUNTY, ARIZONA, THE PHOENIX PARKS, RECREATION AND LIBRARY DEPARTMENT HELPED BRING ABOUT A 52 PERCENT REDUCTION IN JUVENILE CRIME WHEN IT EXPANDED ITS LATE NIGHT/WEEKEND ACTIVITIES DURING THE SUMMER MONTHS. SUCH PROGRAMS WERE PROVIDED AT A COST OF $0.74 PER PERSON WHEREAS THE COST TO INCARCERATE ONE TEEN FOR A YEAR IS $38,000. THEY COULD NOT HAVE DONE THIS WITHOUT THE PARKS AND RECREATION FACILITIES OF THE TYPE CONTEMPLATED BY THE USE OF THE UPARR PROGRAM.
THE AMERICAN FARMLAND TRUST IN A 1998 REPORT USES CARROLL COUNTY MARYLAND AS AN EXAMPLE OF THE REAL COST OF OPEN SPACE. FOR EVERY DOLLAR OF REVENUE EARNED FROM RESIDENTIAL AREAS, IT COST $1.29 IN EXPENDITURES, WHILE OPEN LAND COSTS ONLY 45 CENTS. THESE ARE POWERFUL LESSONS.
NACo ALSO SUPPORTS THE ADDITIONAL FUNDING FOR THE PITTMAN ROBERTSON ACT, BUT WE BELIEVE COUNTIES SHOULD PLAY A LARGER ROLE IN THE ALLOCATION AND UTILIZATION OF THE DISBURSEMENTS.
NACo IS CONFIDENT THAT THIS LEGISLATION DOES NOT ADVERSELY EFFECT PRIVATE PROPERTY RIGHTS WITHOUT DUE PROCESS AND LOCAL INVOLVEMENT. THIS IS AN IMPORTANT CONSIDERATION AS THIS BILL MOVES THROUGH THE PROCESS. WHILE SUPPORTING THIS BILL APPROACHES, NACo WILL MAKE EVERY EFFORT TO ASSURE THERE ARE NO UNFUNDED MANDATES OR REQUIREMENTS THAT WOULD EFFECTIVELY PRECLUDE COUNTIES FROM PARTICIPATING AND ENJOYING THE BENEFITS OF THIS LEGISLATION.
WE BELIEVE THE SYNERGISM CREATED BY THIS LEGISLATION HELPS BRING TOGETHER URBAN, SUBURBAN AND RURAL COUNTIES IN SUPPORT OF THIS BILL. IT ALSO BRINGS TO THE DEBATE OTHER INTEREST GROUPS, SUCH AS THE U.S. CONFERENCE OF MAYORS, AND OTHERS. THE REVENUE SHARING, THE POTENTIAL FOR OPEN SPACE PROTECTION, WILDLIFE ENHANCEMENT AND URBAN AND SUBURBAN PARKS, ALL MAKE THIS LEGISLATION WORTH PASSING. S.446, THE RESOURCES 2000 ACT, HAS A ROLE TO PLAY IN THE CONSIDERATION OF LEGISLATION IN THIS AREA, HOWEVER, WE DO NOT BELIEVE IT IS AS POTENTIALLY "COUNTY FRIENDLY" AS THE CARA PROPOSAL AND IT ATTEMPTS TO FUND A MUCH BROADER ARRAY OF PROGRAMS THAT COULD REDUCE THE AMOUNT OF MONEY AVAILABLE FOR COUNTIES TO MEET LOCAL NEEDS. IT ALSO DOES NOT MAKE ANY PROVISION TO ASSIST THE PILT PROGRAM, WHICH AGAIN IS VERY IMPORTANT TO THE HUNDREDS OF COUNTIES NATIONWIDE THAT RECEIVE PAYMENTS FROM THIS PROGRAM.
THIS DOES NOT MEAN, HOWEVER, THAT WE ARE RETICENT TO WORK WITH ITS AUTHORS, AND THE COMMITTEE, TO FASHION AN ACCEPTABLE BILL. S. 532 IS A MORE MODEST APPROACH THAN S. 446, BUT WE BELIEVE THE CONSERVATION AND REINVESTMENT ACT OF 1999, S. 25 HAS GREATER APPEAL TO COUNTIES ACROSS THE COUNTRY.
AS FOR THE ADMINISTRATION'S LANDS LEGACY INITIATIVE, IT TOO HAS A PLETHORA OF PROGRAMS BUILT INTO ITS FRAMEWORK AND IT MAY BE DIFFICULT TO ENACT IN ITS ENTIRETY. AGAIN, THE NATIONAL ASSOCIATION OF COUNTIES BELIEVES THAT ALL OF THE PROPOSALS DESERVE CONSIDERATION DURING THE NEGOTIATIONS, AND THE LANDS LEGACY INITIATIVE CERTAINLY SHOULD BE PART OF THE DISCUSSIONS LEADING UP TO A FINAL PIECE OF LEGISLATION THAT WE ALL CAN SUPPORT.
MR. CHAIRMAN, THIS CONCLUDES MY TESTIMONY. I HAVE ATTACHED COPIES OF THE RELEVANT POLICY RESOLUTIONS ADOPTED BY THE NACo BOARD OF DIRECTORS. I WOULD LIKE TO THANK YOU, AND MEMBERS OF THE COMMITTEE FOR YOUR INTEREST IN THE NEEDS AND CONCERNS OF AMERICA'S COUNTIES. WE STAND READY TO WORK WITH THE COMMITTEE, THE HOUSE, OTHER INTEREST GROUPS AND THE ADMINISTRATION TO HAMMER OUT AN ACCEPTABLE BILL THAT WILL SET THE TONE FOR CONSERVATION IN THE 21sT CENTURY.
FOOTNOTES:
* The National Association of Counties is the only national organization representing county government in the United States. Through its membership, urban, suburban and rural counties join together to build effective, responsive county government. The goals of the organization are to: improve county government; serve as the national spokesman for county government; serve as a liaison between the nations' counties and other levels of government; achieve public understanding of the role of counties in the federal system.
END

LOAD-DATE: April 21, 1999

Document 41 of 92.


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