[House Report 109-562]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-562
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PARTNERS FOR FISH AND WILDLIFE ACT
_______
July 13, 2006.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany S. 260]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(S. 260) to authorize the Secretary of the Interior to provide
technical and financial assistance to private landowners to
restore, enhance, and manage private land to improve fish and
wildlife habitats through the Partners for Fish and Wildlife
Program, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
PURPOSE OF THE BILL
The purpose of S. 260 is to authorize the Secretary of the
Interior to provide technical and financial assistance to
provide landowners to restore, enhance, and manage private land
to improve fish and wildlife habitats through the Partners for
Fish and Wildlife Program.
BACKGROUND AND NEED FOR LEGISLATION
In 1987, using the statutory authority of the Fish and
Wildlife Coordination Act (16 U.S.C. 661 et seq.), the
Department of the Interior decided to administratively create a
voluntary incentive-based partnership program to assist public
and private landowners to conserve, manage and restore wetlands
and other fish and wildlife habitat on their lands. This
program, known as the Partners for Fish and Wildlife, has been
administered for the past 19 years by the U.S. Fish and
Wildlife Service. During this period, $463 million in federal
funds have been appropriated to this program which is a
separate line-item in the Service's budget but operates without
a specific Congressional authorization.
With more than 80 percent of fish and wildlife in the
United States residing on private lands, an innovative program
was needed to encourage public and private landowners to enter
into cooperative agreements to conserve valuable wildlife
resources. The type of projects funded include: the removal of
exotic plants and animals, reestablishing fish passages,
prescribed burns and restoring wetland hydrology. The most
critical habitat for many species are wetlands. Wetlands are
among the earth's most important ecosystems, providing many
environmental and economic benefits, including habitat and food
for fish and wildlife; flood protection; erosion control; water
quality improvement; food for human consumption and
opportunities for recreation, education and research. An
estimated one-third of our Nation's endangered or threatened
species live only in wetlands, and nearly half use wetlands at
some point in their lives. Sadly, despite these attributes, the
majority of wetlands in the United States have been destroyed.
In response to this problem and because of the growing interest
of private landowners to conserve and protect wildlife habitat,
particularly those whose property contains endangered or
threatened species or is adjacent to units of the National
Wildlife Refuge System, the Partners for Fish and Wildlife
Program was born.
Under this program, State resource agencies work closely
with the Fish and Wildlife Service to identify and establish
priority sites. Once selected, an individual landowner, tribe,
conservation organization, academic institution, business or
industry, or State and local government signs a restoration
agreement that normally covers a 15-year period. Upon entering
the agreement, the entity receives financial assistance to
conserve, manage and restore federal trust species on their
property. Unlike federal land acquisition programs, under the
Partners for Fish and Wildlife Program, the property owner
retains full control and title over his or her land. The only
stipulations for receiving assistance are that the federal
funds are matched and that the recipient satisfies the
requirements of the agreement.
Since the creation of this program, there have been nearly
35,000 partnership agreements with the Fish and Wildlife
Service. In these cases, the Service provides landowners with
biological data about their property, restoration designs, a
strategy on cost-sharing on materials and services and
construction supervision. As a result of these agreements,
722,550 acres of wetlands, 1,573,700 acres of prairie and
native grasslands and 5,900 miles of riparian and instream
habitat has been restored.
The fundamental purpose of S. 260 is to provide a
Congressional authorization for the Partners for Fish and
Wildlife Program. While this is not a new federal program, an
authorization will provide stability, highlight the successes
of the private partnerships and habitat conservation, recognize
the importance of this program and allow for greater
Congressional oversight in the future. This legislation also
defines the term ``federal trust species'' to mean migratory
birds, threatened species, endangered species,
interjurisdictional fish, marine mammals, and other species of
concern. It describes the kinds of activities that constitute
habitat enhancement, restoration and improvement. In addition,
it formally establishes the program within the U.S. Fish and
Wildlife Service and authorizes appropriations of $75 million
per year until September 30, 2011. In fiscal year 2006,
Congress has appropriated $51.4 million for this program.
COMMITTEE ACTION
S. 260 was introduced on February 2, 2005, by Senator James
Inhofe (R-OK). It was passed by the Senate by unanimous consent
on June 27, 2005. Within the House of Representatives, the bill
was referred to the Committee on Resources, and within the
Committee to the Subcommittee on Fisheries and Oceans. On
September 23, 2005, the Subcommittee held a hearing on the
bill. On June 21, 2006, the Full Resources Committee met to
consider the bill. The Subcommittee on Fisheries and Oceans was
discharged from further consideration of the bill by unanimous
consent. No amendments were offered and the bill was ordered
favorably reported to the House of Representatives by unanimous
consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8, clause 3 of the Constitution of the
United States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to authorize the Secretary of the
Interior to provide technical and financial assistance to
private landowners to restore, enhance, and manage private land
to improve fish and wildlife habitat through the Partners for
Fish and Wildlife Program.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
S. 260--Partners for Fish and Wildlife Act
Summary: S. 260 would authorize appropriations for the
Partners for Fish and Wildlife program. Through that program,
the Department of the Interior provides financial and technical
assistance to private landowners for conservation projects on
their land. Assuming appropriation of the authorized amounts,
CBO estimates that implementing S. 260 would cost $45 million
in 2007 and $350 million over the 2007-2011 period. Enacting
the legislation would not affect direct spending or revenues.
S. 260 contains no intergovernmental or private-sector mandates
as defined in the Unfunded Mandates Reform Act (UMRA) and would
impose no costs on state, local, or tribal governments.
Estimated cost to the Federal Government: For this
estimate, CBO assumes that S. 260 will be enacted near the
start of fiscal year 2007 and that authorized amounts would be
provided as specified in the legislation. The estimated
budgetary impact of S. 260 is shown in the following table. The
costs of this legislation fall within budget function 300
(natural resources and environment).
S. 260 would authorize the appropriation of up to $75
million a year over the 2006-2011 period for the Partners for
Fish and Wildlife program. ($41 million has already been
provided for that program in 2006; CBO assumes no additional
appropriations will be enacted this year.) Base don historical
spending patterns for the program, CBO estimates that fully
funding it under S. 260 would cost $45 million in 2007 and $350
million over the 2007-2011 period, with a total of $25 million
in additional spending occurring in later years.
Intergovernmental and private-sector impact: S. 260
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
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By fiscal year, in millions of dollars--
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2006 2007 2008 2009 2010 2011
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Spending Under Current Law for the Partners
for Fish and Wildlife Program:
Budget Authority \1\...................... 41 0 0 0 0 0
Estimated Outlays......................... 39 8 3 1 0 0
Proposed Changes:
Authorization Level....................... 0 75 75 75 75 75
Estimated Outlays......................... 0 45 77 76 76 76
Spending Under S. 260 for the Partners for
Fish and Wildlife Program:
Authorization Level 1..................... 41 75 75 75 75 75
Estimated Outlays......................... 39 53 80 77 76 76
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\1\ The 2006 level is the amount appropriated for that year for the Partners for Fish and Wildlife program.
Previous CBO estimate: On June 15, 2005, CBO transmitted a
cost estimate for S. 260 as ordered reported by the Senate
Committee on Environment and Public works on June 8, 2005. The
two versions of S. 260 are identical. Differences in our
estimates of spending reflect a change in when we assume the
legislation will be enacted.
Estimate prepared by: Federal Costs: Megan Carroll; Impact
on State, local, and tribal governments: Marjorie Miller;
Impact on the private sector: Craig Cammarata.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
ADDITIONAL VIEWS
The Partners for Fish and Wildlife Program has become an
important and popular tool in facilitating cooperation between
the U.S. Fish and Wildlife Service and non-federal
organizations to voluntarily protect, conserve and restore
habitat important to fish and wildlife populations through on-
the-ground projects. Even though no one has ever questioned the
legal authority used by the Service in 1987 to create this
program, there is little disagreement that passage of a
specific law authorizing the program would be beneficial.
But it is equally important to note, however, that the
stated intent of this legislation--to provide a statutory
authorization for the Program--should retain all elements of
the existing program, without exception, as specified under the
Service's regulations (Part 640, Chapter 1, Partners for Fish
and Wildlife Program). The Partners Program, after all, does
more than simply promote and implement habitat improvement
projects; these additional elements include, specifically:
Provide conservation leadership and promote
partnerships
Encourage public understanding and
participation
Work with the U.S. Department of Agriculture
to implement USDA's conservation programs.
This point was raised with the sponsors of this legislation
during its consideration. They affirmed that it is their
intention for the Service to implement the entire program, and
consequently, I declined to offer any clarifying amendment. As
a result, the broad language in subsection 2(b) regarding
purposes, and corresponding language in section 4 authorizing
the program, should be read with the explicit understanding
that the Service will continue to implement these other
existing program elements should this bill become law. For this
reason I support this legislation, and it is with this
understanding that the committee should conduct its future
oversight regarding its implementation.
Frank Pallone, Jr.