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May 24, 2000, Wednesday

SECTION: PREPARED TESTIMONY

LENGTH: 1985 words

HEADLINE: PREPARED TESTIMONY OF CHARLES R. NIEBLING SENIOR DIRECTOR, POLICY AND LAND MANAGEMENT SOCIETY FOR THE PROTECTION OF NEW HAMPSHIRE FORESTS

BEFORE THE SENATE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

SUBJECT - CONSERVATION AND REINVESTMENT ACT, S. 25, S. 2123 CONSERVATION AND STEWARDSHIP ACT, S. 2181

BODY:
Thank you Mr. Chairman, and honorable members of the Committee on Environment and Public Works. I am Charles Niebling, Senior Director for Policy and Land Management with the Society for the Protection of New Hampshire Forests. Founded in 1901, the Forest Society is a non- profit membership organization dedicated to the wise use of New Hampshire's natural resources, and their complete protection in places of special environmental or scenic quality. In addition to our role as a land trust and conservation advocate, we are unique among state- based conservation organizations in that we also own and sustainably manage 33,000 acres of productive woodlands in 123 reservations across the state. We not only preach good forestry and conservation, but we practice it as well. We have 9,600 members.

Since our founding, the Forest Society has played a role in permanent conservation of over 1 million acres in New Hampshire. We led efforts to create the White Mountain National Forest in the early part of the 20th century. We have worked closely with the state and with communities to establish state and local parks and forests. In the late 1980's, we spearheaded creation of the Trust for NH Lands and the Land Conservation Investment Program, which protected over 100,000 acres of working farms, forests and recreation lands. And just last week, the New Hampshire General Court passed and funded the New Hampshire Land and Community Heritage Investment Program. The Forest Society led a coalition, known as Citizens for New Hampshire Land and Community Heritage, involving 120 farm and forest industry, business, civic, tourism, recreation, wildlife, historic preservation and land conservation organizations over a two year period to secure passage of this landmark legislation.

This coalition has also actively lobbied for the Conservation and Reinvestment Act since 1999. The same sense of common interest and concern for the New Hampshire's future that brought these diverse organizations together around state legislation has brought us together around the federal legislation as well.

In the next few weeks and months Congress will decide whether to make good on its 35 year old promise to dedicate a portion of the revenues for Outer Continental Shelf oil and gas leases to conserve some of our nation's most prized possessions: its lands, its water, its wildlife, its legacy. Proposals now before the Senate offer the opportunity to put words into action, and join the House and all fifty Governors in supporting a dedicated source of funding for conservation.

For the record, we support passage of the Conservation and Reinvestment Act, S. 2123. There are elements of the Conservation and Stewardship Act, S. 2181, introduced by Senator Bingaman, that we support and would like to see incorporated into S. 2123. There are elements of the recently passed H.R. 701, the House version of CARA, that merit serious consideration by this committee.

While there are many important provisions within S. 2123, the most important accomplishment is the restoration of full and permanent funding for the Land and Water Conservation Fund. Revitalizing this fund will have a direct impact on conservation efforts not only in New Hampshire, but in every region of the country. We are particularly supportive of the significant dedicated funding allocated to the "state-side" program of LWCF. With the recent passage of our state conservation bill, which also has a matching funding requirement, New Hampshire communities are ready, willing and able to take advantage of state-side LWCF funding.

This legislation would be significantly improved, however, by modifications embodied in S. 2181. In particular, Senator Bingaman's bill would:

1. Create an additional, more flexible fund which is capable of addressing important state-led projects of local, regional or national significance which exceed the capacity of traditionally administered state-side grants. And while the Northeast is particularly poised to take advantage of such a provision, its benefits will be realized nationwide.

2. Encourage the private/public partnership embodied in the Forest Legacy Program and Farmland Protection Program. This provides a critically important tool by allocating funds to purchase conservation easements from willing sellers, thereby keeping our most productive forest and farm lands in private ownership.

3. Provide for the full Payment in Lieu of Tax Obligation owed by federal government to local communities and county governments with acreage in national forests, national parks, wildlife refuges, bureau of land management lands, and other federal ownerships.

These three provisions will measurably improve S. 2123, increase support for the bill, and should be incorporated in any legislation that makes its way to the President's desk. The Senate Environment and Public Works Committee can play a pivotal role in helping to forge a broadly supported and strong conservation measure from these three proposals. The conservation community in New England is committed to working hard with you toward this end. I want to address each of these three provisions in greater detail.

I. Flexible Funding

There is a critical component of conservation legislation that is essential to regions of the country, including the Northern Forest of Maine, New Hampshire, Vermont and New York, with important lands of compelling public interest but without access to adequate Federal or State LWCF funding. Title II of S. 2123 reauthorizes the Land and Water Conservation Fund and provides land acquisition funding for federal land units, such as national forests, national parks or wildlife refuges. It also directs grants to states on a 50/50 matching basis for acquisition and development of state and local parks, forests and outdoor recreation lands. Both are highly successful programs serving critical needs, and both deserve full and permanent funding.

LWCF currently does not provide funding for larger state or local projects of regional and national significance that exceed the capacity of traditionally administered state-side grants. In addition, states with few federal land units or with low populations (e.g. New Hampshire) do not have access to significant federal funding.

To provide funding for the full array of project needs, the final package voted on by Congress should fully and permanently fund LWCF at its authorized level of $900 million and equally distribute the money between traditional federal and state programs. In addition, it should include a provision that would add new funding for important projects that exceed the capacity of the population-based, state-side formula or that are outside of federal land units.

Without a source of flexible federal funds, states and local communities alone will be unable to protect some of America's most important undeveloped forest and farm lands, including those found in the Northern Forest of Maine, New Hampshire, Vermont, and New York.

Many states most notably New Hampshire -- are looking for ways to protect important working forests, and natural, cultural, and recreational areas without creating or expanding federal units. Supporting alternatives to new federal ownership promotes local control and partnerships that respect local values and priorities. Protecting national interest lands without new federal ownership is also cost-effective since state, local, and private partners will assume the responsibilities of long term management.

II. Forest Legacy and Farmland Protection Programs

New Hampshire has a long history of using conservation easements to permanently protect land from development, while retaining private ownership and control. Our state has utilized Forest Legacy funds to protect thousands of acres of productive, managed woodlands. These are lands that stay on the tax roles, and require no on-going federal obligations because the State of New Hampshire holds and monitors these conservation easements.

For example, there is much current interest in New Hampshire in acquiring a conservation easement on 171,000 acres of productive timberlands owned by Champion International Corporation in the northern part of the state. Champion is a willing party to these discussions. A Forest Legacy easement, held by the state or a qualified non-profit organization, will keep these lands in private ownership, keep them contributing to the tax base and local economy, and will protect both economically important uses and ecologically important features of the land.

Under Title VII, S. 2123 authorizes a conservation easement program. Yet it is unclear how this program relates to existing federal programs, such as Forest Legacy or the Farmland Protection Program, that authorize federal funds for purchase of conservation easements. Title VIII of S. 2181 addresses this by authorizing funding for Forest Legacy, the Farmland Protection Program, and a new program to be called the Ranchland Protection Fund. H.R. 701, as passed by the House on May 11, includes language that we support allowing qualified non- profit organizations to hold easements under these programs. We hope the committee will work to reconcile these slightly varying approaches.

III. Full Payment in Lieu of Tax

If the federal government is going to continue to acquire lands for addition to national forests, national parks, wildlife refuges and other federal ownerships, it must fully fund its authorized payment in lieu of tax obligations. Maintaining strong relationships with local governments is as important an aspect of federal land stewardship as is the responsible management of the land.

Currently, the US Forest Service pays about 46% of the authorized PILT payment on lands of the White Mountain National Forest. This is a significant local issue in New Hampshire, and is the source of much tension between our rural northern communities and the US Forest Service.

Title II of S. 2123 funds federal land acquisition at $450 million per year. With few exceptions, these acqusitions will involve privately- owned lands that are now contributing property taxes to local communities or county governments. We urge the committee to consider adding language from Title X of S. 2181 to fund payments in lieu of tax at the maximum level authorized under federal statute. To fund continued federal land acquisition without making a commitment to fully fund PILT is simply irresponsible.

Mr. Chairman, we strongly urge you to use this hearing and other means to communicate with the bi-partisan leadership of the Senate and the Energy and Natural Resources Committee to insist that differences be bridged, and sound conservation legislation be enacted this year. Voters from states across the country have indicated at the ballot box that they cannot afford to lose more opportunities to protect the lands they consider important to their quality of life. The overwhelming support of the NH General Court for the recently passed NH Land and Community Heritage Investment Program is evidence of this (the bill passed our House of Representatives 326-9, and our Senate 24-0). We can assure you that your efforts in this regard will be noticed, appreciated and rewarded.

If we are successful in passing a permanent conservation funding bill, it would be a conservation milestone comparable to the passage of landmark laws like the Clean Air and Clean Water Acts, and the original Land and Water Conservation Fund. There are considerable hurdles, budgetary and otherwise, yet to be overcome. Like you, however, we recognize that the recent passage of HR 701 in the House provides us with a rare window of opportunity to pass significant legislation.

Thank you very much for the opportunity to appear before the committee on this important legislation. I would be pleased to answer any questions.

END

LOAD-DATE: May 26, 2000

Document 17 of 151.


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