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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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