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[Page: S1173]  GPO's PDF
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   By Mr. BINGAMAN (for himself, Mr. HOLLINGS, Mr. BAUCUS, Mr. KERRY, Mrs. BOXER, Mr. LIEBERMAN, Mr. BRYAN, Mr. AKAKA, Mr. LEAHY, and Mr. SARBANES):

   S. 2181. A bill to amend the Land and Water Conservation Fund Act to provide full funding for funding the Land and Water Conservation Fund, and to provide dedicated funding for other conservation programs, including coastal stewardship, wildlife habitat protection, State and local part and open space preservation, historic preservation, forestry conservation programs, and youth conservation corps; and for other purposes; to the Committee on Energy and Natural Resources.

   CONSERVATION AND STEWARDSHIP ACT

   Mr. BINGAMAN. Mr. President, today I am pleased to introduce the ``Conservation and Stewardship Act,'' which is cosponsored by Senators HOLLINGS, BAUCUS, KERRY, BOXER, LIEBERMAN, BRYAN, AKAKA, LEAHY, and SARBANES. This comprehensive bill will provide permanent and dedicated funding from Outer Continental Shelf oil and gas revenues to be used for the Land and Water Conservation Fund and many other important conservation programs, including coastal , wildlife habitat, endangered species, historic preservation, State and local park and open space preservation, forestry and farmland conservation, and youth conservation corps programs. While the bill will ensure much-needed funding for many Federal conservation programs, most of the programs included in the bill will assist States, counties, or cities to implement local conservation and recreation projects. In addition, this legislation will, for the first time, fully fund the Payments In Lieu of Taxes (PILT) program, which provides payments to local governments for the loss of tax revenues resulting from Federal lands in their jurisdiction.

   In developing this bill, I have tried to include a variety of programs to ensure that the benefits from OCS revenues--which are a federal resource belonging to all Americans--are equitably distributed throughout the country. While some programs in the bill are of specific interest to coastal States, others will have more application in interior areas; some programs in the bill provide funding for large cities and urban areas, while others are designed to assist rural communities. If we are to succeed in passing a comprehensive conservation bill this year, the benefits must extend to all regions of the country.

   In addition, I think it's important to recognize that several very meritorious legislative proposals have already been put forward. One of my goals in developing this bill was to try and incorporate important programs from the other bills, and I am pleased that many of the sponsors of those proposals are also supporting this bill. I also want to recognize the efforts that Senator LANDRIEU, Senator MURKOWSKI, and others have made in generating support for a comprehensive conservation bill with their legislative proposal. While there are differences in our bills and in some of our funding priorities, I believe our underlying goals are the same. I am committed to working with them, and with all other interested Senators, as we try to pass a bill this year.

   I would like to add that my primary goal in introducing this bill is to try and move the legislative process forward in the Senate. I think a consensus approach, such as we are proposing today, is our only chance of getting a bill enacted into law this year.

   I know some have questioned why these programs--or any program--should be provided with dedicated funding. When Congress amended the LWCF Act in 1968 to credit a portion of Outer Continental Shelf oil and gas lease revenues into the fund, the premise was that at least some of the revenues from OCS oil and gas production, a non-renewable resource, should be used to protect other resources throughout the country. I think that was a wise concept then, and one we should continue to adhere to today. Along those lines, it is important that whatever programs are included in a comprehensive bill contribute to enriching the natural, cultural, or historical legacy of this country. In my opinion, such a bill is not only justifiable, but necessary if we are going to be responsible to future generations.

   Mr. President, I would like to briefly describe some of the major programs that would receive dedicated funding in this bill.

   Since its enactment over 35 years ago, the Land and Water Conservation Fund Act has been not only one of the most popular conservation measures ever signed into law, but one of the most far-sighted as well. Revenues deposited into the fund are used to protect our national and cultural heritage in our national parks, forests, wildlife refuges, wilderness areas, trails, wild and scenic rivers, and other important areas. In addition, the LWCF State grant program assists States in the planning, acquisition, and development of open space and outdoor recreation facilities.

   However, over the past 35 years, appropriations from the LWCF have lagged far behind the amounts credited into the fund, even though demand for LWCF funding continues to increase. In fact, on average, less than half of the amounts credited to the fund have actually been authorized. Today, the fund's unappropriated balance exceeds $13 billion. History has shown that if the LWCF remains subject to the annual appropriations process, the intent of the fund will never be fulfilled. For that reason, my bill uses OCS oil and gas receipts to provide dedicated funding for the LWCF and all of the other conservation programs in the bill. The bill funds the LWCF and its fully authorized level of $900 million annually, divided equally between the Federal land acquisition and State grant programs.

   In addition, I think it's important that the benefits we will get from fully

[Page: S1174]  GPO's PDF

   Likewise, I believe it's important that new restrictions not be placed on States for the use of the funds they receive under the State grant program. Although some have proposed to restructure the State program, I think the flexibility given to States in the current law is appropriate, and States should continue to determine how to allocate LWCF funds for recreational and open space needs, consistent with the requirements of the Act and with review by the Secretary of the Interior.

   Title II of the Conservation and Stewardship Act provides funding to protect and restore our fragile coastal resources. It establishes the Ocean and Coast Conservation Fund, and dedicates $365 million annually, primarily to States, to address a broad array of coastal and marine conservation needs. This fund is administered by the Secretary of Commerce. The bill also establishes the Outer Continental Shelf Impact Assistance Fund, administered by the Secretary of the Interior, to provide $100 million annually to Coastal States suffering negative environmental impacts from oil and gas production on the OCS.

   The Ocean and Coast Conservation Fund addresses four programs. The first account within the fund allocates $250 million to Coastal States for a broad range of coastal and marine conservation activities which ensure protection for coral reefs, wetlands, estuaries and marine species. The second account allocates $25 million to Coastal States to fund joint marine enforcement agreements between States and the Secretary of Commerce, thereby increasing enforcement capabilities for both Federal and State marine resource protection laws. The third account gives $75 million to Coastal States to fund fisheries research and management. The fourth account allocates $15 million to the Secretary of Commerce for the protection of coral reefs. A complementary program for protection of coral resources under the jurisdiction of the

   Department of the Interior is contained in Title VI of my bill as described further below.

   Although other bills have been introduced which also address coastal funding, I believe the Ocean and Coast Conservation Fund contains several significant advantages. First, it requires that all money received under this fund be used only for the protection of the marine and coastal environment. Second, it ties the amount of money States will receive to demonstrated conservation need rather than the amount of production occurring offshore the State, or a State's or county's proximity to that production. In this manner, my bill refrains from allowing money from this fund to be used as an incentive to begin or increase production in the Federal OCS. My bill also excludes revenues from leases included within areas covered by a moratorium on leasing.

   The Outer Continental Shelf Impact Assistance Fund allocates $100 million specifically to address the needs of those Coastal States which have hosted Federal OCS oil and gas production off their shores, and which have suffered negative environmental impacts from that production. Funds are distributed based on shoreline miles and coastal population (25 percent each) and the amount of production occurring offshore the Coastal State (50 percent). States can use the money only to mitigate adverse environmental impacts directly attributable to the development of oil and gas resources of the OCS.

   The bill also establishes a separate Coral Reef Resources Restoration Fund. This fund provides $15 million annually to the Secretary of the Interior for the protection of coral reef resources under the jurisdiction of the Secretary. The bill authorizes the Secretary to make grants, not to exceed 75 percent of the total costs, for projects which promote the viability of coral reef systems under the jurisdiction of the Department of the Interior. Grants would be available to natural resource agencies of States or Territories, educational or non-governmental institutions, or organizations with demonstrated expertise in the conservation of coral reefs.

   Like many of the other comprehensive conservation proposals, my bill includes significant new funding to assist States in protecting wildlife habitat. The Conservation and Stewardship Act includes a $350 million annual increase in deposits into the Pittman-Robertson fund, to help fund a broad variety of wildlife conservation programs, with an emphasis on protecting habitat for non-game species.

   In addition, the bill establishes a new $50 million fund to protect threatened and endangered species. Under the program, the Secretary of the Interior would be authorized to enter into agreements with private landowners to protect habitat for threatened and endangered species. This incentive program would assist landowners who voluntarily agree to take protective actions beyond what is required under existing law.

   In addition to the funds provided for Federal and State programs through the Land and Water Conservation Fund, the Conservation and Stewardship Act provides funding for several programs to assist States, local governments, and other organizations in the protection of open space. The bill includes $50 million in funding for the Forest Legacy Program, $50 million for the Farmland Protection Program, and $50 million for a new program to allow for the voluntary acquisition of conservation easements to prevent ranchlands from being converted to non-agricultural uses.

   The bill also includes $125 million for a new grant program to be administered by the Secretary of the Interior to help States conserve, on a matching basis, non-Federal lands or waters of clear regional or national interest.

   Presently, OCS revenues are credited to only two funds: the Land and Water Conservation Fund and the Historic Preservation Fund. Like the LWCF, appropriations from the HPF have lagged far behind the $150 million that is annually credited to the fund. The Conservation and Stewardship Act will, for the first time, ensure that the fully authorized amount is expended. In addition, the bill requires that at least half of the fund, $75 million, be available to States, tribes, and local governments to allow them to better carry out their responsibilities under the National Historic Preservation Act. The bill also requires that at least 50 percent of the Federal funds spent under the program be used for the restoration of historic properties.

   The bill also funds the American Battlefield Protection Program at $15 million per year, fulfilling recommendations made by the Civil War Sites Advisory Commission. Funding would be available for preservation assistance for all types of battlefields, although with respect to Civil War battlefields, the funding priority would be for ``Priority 1'' battlefields identified in the Civil War Sites Advisory Commission's report.

   Mr. President, it is well known that many of the natural and historic resources in the parks and historic sites of our National Park System are facing significant threats, especially given the limited funds available to the Park Service to address this issue. In an attempt to improve this problem, the Conservation and Stewardship Act creates a new ``National Park System Resource Protection Fund'' and provides $150 million in annual funding. Moneys from the fund are available to the Secretary of the Interior to protect significant natural, cultural or historical resources in units of the National Park System that are threatened by activities occurring inside or outside of the park boundaries. The Secretary is also authorized to enter into cooperative agreements with State and local governments and other organizations to address these threats. In addition, the bill makes clear that the fund cannot be used to fund land acquisitions, permanent employee salaries, road construction, or projects which already receive funding through the Recreational Fee Demonstration Program.

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   Like many of the other programs included in this bill, the Urban Parks and Recreation Recovery Program is a program with overwhelming demand and, in recent years, little or non-existent funding. In an effort to revitalize this program, the Conservation and Stewardship Act provides $75 million in dedicated funding each year for UPARR programs, a significant increase over recent appropriations.

   I think it is important that a comprehensive conservation bill focus not only on land acquisition and other resource conservation programs, but also on improving the tie between these resources and local communities. I have included funding for four programs to assist the way communities, including young people, work with public and private partners to plan and take action for the long-term stewardship and maintenance of lands and resources.

   Dedicated funding for the Youth Conservation Corps and related partnerships will enable us to make significant investments in two of our country's most valuable treasures--our natural resources and our young people. The investments in our youth and our natural resources can grow together and benefit one another.

   The Youth Conservation Corps, and related partnerships with nonprofit, State, and local youth conservation corps (``YCC''), are administered by the Secretary of Agriculture and the Secretary of the Interior. It is clear that they are successful and popular programs. The demand for summer conservation jobs for youth overwhelmingly exceeds the supply. Over the past twenty years, a lack of adequate funding has been the biggest obstacle preventing YCC from realizing an even greater level of success.

   Our parks, forests, wildlife refuges, and other public lands benefit because important conservation projects are completed at a lower cost. Our youth, on summer break from school, benefit by engaging in positive and meaningful activities. There are many types of projects that youth complete--construction, maintenance, reconstruction, restoration, repair, or rehabilitation of natural, cultural, historic, archaeological, recreational, or scenic resources.

   Senator Scoop Jackson was the sponsor of the original legislation that created the YCC. He had the foresight and vision to create opportunities for young people to complete conservation and restoration projects on our public lands. The bill I am introducing today will enable us to embrace Senator Jackson's legacy by fully funding YCC, thereby achieving the levels of participation that existed during his tenure in the Senate.

   Last year, the National Parks, Historic Preservation, and Recreation Subcommittee held an oversight hearing on YCC and related partnerships. Both National Park Service Director Stanton, on behalf of the Department of the Interior, and Forest Service Chief Dombeck expressed enthusiastic support for these programs. Similarly, over the past year I have learned that strong bipartisan Congressional support exists for YCC and related partnerships.

   All of our country's public lands will benefit from these programs. The existing authorizing law includes a State grant component as well as opportunities for projects to be completed on public lands other than Federal lands.

   I have a letter that I will submit for the record from the National Association of Service and Conservation Corps and the Student Conservation Association supporting inclusion of the YCC provision in this bill. Partnerships between members of these organizations and the Federal land management agencies seem to be the most cost effective and efficient way to maximize both the number of conservation projects and the youth who complete them. Dedicated funding will ensure that existing partnerships are maintained while also allowing for the creation of new partnerships across the country.

   The Forest Service's Economic Action Program (``EAP'') assists rural forest-dependent communities to foster stronger links between the health of forests and the well-being of communities. It is an important complement to land acquisition under the LWCF, helping rural communities to effectively participate in plans and actions that affect the future management of public and private forest lands.

   One of the most important aspects of EAP is the emphasis on helping communities organize and develop their own broad-based local action plans. This is the first step in enabling a community to build a sustainable future based on the integration of economic, social, and environmental objectives. Communities can then focus on organizing, planning, and implementing natural resource based projects contained in their plans. Projects range from tourism and value-added manufacturing to historic preservation.

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