Last week, a bipartisan agreement was reached on landmark legislation which would increase funding for federal and state conservation and recreation programs, urban parks, historic preservation, wildlife conservation. This legislation will include private property right protections and will resolve several inequities regarding the disposition of funds generated from Outer Continental Shelf (OCS) activities.

The new legislation - The Conservation and Reinvestment Act of 1999 - (H.R. 701) is scheduled for a full committee markup by the U.S. House Committee on Resources on Wednesday, November 10, at 11 a.m. in 1324 Longworth HOB. (A live audio broadcast of the markup will be available on the Committee website at: http://resourcescommittee.house.gov/audio.htm.)

Funding for the programs under CARA would be derived from the Federal portion of OCS revenues. The Congressional Budget Office on October 14th announced that the Conservation and Reinvestment Act would not effect the appropriations discretionary budget caps.

CARA would provide annual dedicated funding for the following:

Program Annual Funding Level
Impact Assistance & Coastal Conservation $1 billion

Title I creates a revenue sharing and coastal conservation fund for coastal states and eligible local governments to mitigate the various impacts of OCS activities and provide funds for the conservation of our coastal ecosystems. These funds will support sustainable development of nonrenewable resources without providing incentives for new oil and gas development.

Land & Water Conservation Fund (LWCF) Revitalization $900 million

Title II guarantees stable and annual funding for the Land and Water Conservation Fund (LWCF) at its authorized $900 million level. This dedicated funding would provide for both the state and federal programs included in the LWCF, while protecting the rights of private property owners.

Wildlife Conservation & Restoration Fund $350 million

Title III, through the successful program of Pittman-Robertson, reinvests the development of nonrenewable resources into a renewable resource of wildlife conservation and education. This new source of funding will nearly double the Federal funds available for wildlife conservation.

Urban Park & Recreation Recovery (UPARR) $125 million

Title IV provides matching grants to local governments to rehabilitate recreation areas and facilities, provides for the development of improved recreation programs, sites and facilities.

Historic Preservation Fund $100 million

Title V provides funding for the programs of the Historic Preservation Act, including grants to the States, maintaining the National Register of Historic Places, and administering numerous historic preservation programs.

Federal & Indian Lands Restoration $200 million

Title VI provides funding for a coordinated program on Federal and Indian lands to restore degraded lands, protect resources that are threatened with degradation, and protect public health and safety.

Conservation Easements & Species Recovery $150 million

Title VII provides annual and dedicated funding for conservation easements and funding for landowner incentives to aid in the recovery of endangered and threatened species.

Payment In-Lieu of Taxes & Refuge Revenue Sharing $200 million

Up to $200 million of the annual interest generated from the CARA Fund will match, dollar for dollar, the amount appropriated during the Congressional Appropriations process.

CARA divides the $900 million Land and Water Conservation Fund evenly between the federal government ($450 million) and the 50 states ($450 million). This insures that each state can select the type of projects created in their communities.

In addition, CARA requires that for federal LWCF projects, the federal government must notify the Congressional representatives, the Governor, local government officials and public in every area in which a proposed acquisition is to take place.

CARA protects State water rights.

CARA provides $200 million annually for maintenance.

CARA provides up to $200 million in additional funding for PILT and Refuge Revenue Sharing, to compensate communities whose tax base is diminished by federal land purchases.

Several new provisions in CARA designed to increase private property rights protections include:

Just Compensation: CARA requires just compensation for the taking of private property, as provided within the Constitution.

Increasing Congressional & Local Oversight: Each year the Administration must transmit a list to Congress requesting specific approval for each tract of land to be acquired.

Prior to the federal purchase of lands, a copy of the final NEPA documents must be given to Congress and the Congressional representatives, the Governor, and local government officials must be notified that the environment work is complete and the documents are available.

Congress must specifically approve each Federal land acquisition project.

CARA restricts the federal governments regulatory ability over all private lands.

Consolidation: The Administration must seek to consolidate federal land holdings in states with checkerboard Federal land ownership patterns.

Alternatives To Acquisition: The Administration must seek to use exchanges and conservation easements as an alternative to acquisition.

Willing Sellers: Transactions will be carried out with willing sellers, because CARA prohibits the government from using adverse condemnation to acquire lands - unless specifically authorized by Congress.

Backlog Of Willing Sellers: CARA will provide the necessary funds to reduce the $10 billion backlog of willing sellers stuck within an inholding.