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Boehlert Amendment to H.R. 701
Representative
Sherwood Boehlert (R-NY) recently released an amendment that he
plans to introduce on the floor during the debate over H.R. 701, the
Conservation and Reinvestment Act (CARA). The amendment is intended
to address the environmental community's concerns with CARA. The
amendment works to eliminate potential incentives for increased oil
and gas exploration and drilling, clarifies the uses of coastal
impact monies, improves Title III (wildlife conservation), and sets
up a competitive grant program to purchase easements or acquire
lands of regional or national significance.
This amendment would improve CARA, but in an effort to remain
politically viable does not entirely re-write the bill. The National
Wildlife Federation and other environmental groups recently sent
Rep. Boehlert a letter of support for the amendments that also
indicated the community would support H.R. 701 in the House if these
amendments were adopted.
National Wildlife Federation will be actively working with
House members to support this amendment. If the amendment is
unsuccessful, we will continue to support CARA and work to
strengthen the legislation in the Senate.
Title-by-title description
In short, the amendment works to eliminate potential incentives
for increased oil and gas exploration and drilling, clarifies the
uses of coastal impact monies, improves Title III (wildlife
conservation), and sets up a competitive grant program to purchase
easements or lands.
Title I - Coastal Impact Assistance
- The change: Reduces Title I funding from $1 billion to
$900 million to free up $100 million for a new, competitive grant
program to help states protect land (see description of Title VIII
below). Why important: Distributes funds more equitably.
- The change: Adjusts the allocation formula for coastal
states. The allocation formula will be based 41% on proximity to
OCS development, 28% on coastline miles, and 31% on coastal
population (the allocation formula in CARA is currently based 50%
on proximity to OCS development, 25% on coastline miles, and 25%
on coastal population). Under the new funding formula every
coastal state except Louisiana gets additional funds. Maintains
the exemption of moratoria areas when calculating the allocation.
Why important: Distributes funds more equitably to coastal
states, does not weight proximity to oil production as heavily in
the allocation formula. This addresses a concern that by providing
more funds to states and localities that are closer to OCS
development, they will be more likely to accept development off
their coasts.
- The change: The allocation formula for distribution of
funds is determined by a one-time snapshot (CARA currently uses a
"rolling snapshot," starting with the date of enactment, that
would be revisited every five years through the life of the bill).
Why important: Eliminates incentives for increased OCS
lease sales by not changing the allocation and therefore
financially benefitting any state or local community that has new
OCS development after enactment of the legislation.
- The change: Eliminates the provision for sending Title
I funds directly to political subdivisions, but requires governors
to consult with those subdivisions and allows them to receive
funds from the state (currently CARA requires that 50% of a
state's Title I share be given to local communities based on the
same allocation formula above). Why important: Local
communities have been the front lines in opposing OCS development
off their coast lines. If these local communities directly receive
Title I funds, local opposition to new OCS lease sales may
diminish as residents see an opportunity for more money to go to
their community. This change would assure that local communities
directly benefit from new OCS development.
- The change: Clarifies the uses of Title I funds to be
more comprehensive and to emphasize their environmental nature.
Caps the use of money for infrastructure at 10% of a state's
annual Title I allotment. Infrastructure uses are permitted only
in producing states. Why important: The language for usage
of Title I funds could be interpreted very broadly, and there was
concern that money that had been intended for environmental
remediation would be used for environmentally damaging
infrastructure.
Title II - Land and Water Conservation Fund (LWCF)
- The change: Allows the President to spend federal LWCF
dollars if Congress fails to allocate all funds, but only on
projects submitted to Congress and only 120 days after the
submission. Why important: Ensures that LWCF funds will be
used as intended instead of being held up by Congress.
Title III - Wildlife Conservation
- The change: Includes the language wildlife groups
worked out to add wildlife conservation planning provisions to
Title III. Why important: Ensures greater benefit for
wildlife by providing guidelines for state conservation plans to
establish a framework for pro-active conservation.
Title VIII - Non-Federal Lands of Regional or National
Interest (new title)
- The change: Sets up a competitive grant program, run by
the Interior Department, to enable states to purchase lands or
easements in locations of national or regional significance that
are underserved by current LWCF allocation formulas. Applications
must come from the governor and provide a 50 percent match.
Congress must receive 60 days notice before the funds are
expended. Why important: This title is not currently
included in H.R. 701. This provision would allow money to be spent
for one time large scale acquisitions or easements of special
places that become available for protection (i.e. the Northern
Forest of NY, VT, NH, and ME).
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