Request for Legislative Appropriations Fiscal Years 2022 and 2023

Total Page:16

File Type:pdf, Size:1020Kb

Request for Legislative Appropriations Fiscal Years 2022 and 2023 Request for Legislative Appropriations Fiscal Years 2022 and 2023 Legislative Appropriations Request for Fiscal Years 2022 and 2023 Submitted to the Governor's Office of Budget, Planning and Policy and the Legislative Budget Board by The Texas Parks & Wildlife Department October 9, 2020 TABLE OF CONTENTS Administrator's Statement ………………………………………………………………………...………………………………………………..……………………………………………………………………………………….………………..page 1 Organizational Charts Certificate of Dual Submission Summaries of Requests Budget Overview ………………..….….………………………..……………………………………………………………………………………….…………..page 1 Summary of Base Request by Strategy ………………..………………………………………...……………………………………………………………………………………….2.A. page 1 Summary of Base Request by Method of Finance ……………………………………...…………………...……………………………………………………………………………………….2.B. page 1 Summary of Base Request by Object of Expense……………………………………………………...……………………………………………………………………………………….2.C. page 1 Summary of Base Request by Objective Outcomes ……………………………………………………...……………………………………………………………………………………….2.D. page 1 Summary of Total Request by Strategy ……………………………………………………...……………………………………………………………………………………….2.F. page 1 Summary of Total Request Objective Outcomes ……………………………………………………...……………………………………………………………………………………….2.G. page 1 Strategy Requests …………………………………………………...……………………………………………………………………………………….……………………………3.A. page 1 Program-Level Request …………………………………………………...……………………………………………………………………………………….………………………………………..3.A.1 page 1 Rider Requests Rider Revisions and Additions Request………………………………………………..………………………………………………...…………………………………………….………………………………………3.B. page 1 Capital Budget Schedules Capital Budget Project Schedule ………………………………………………..………………………………………………...…………………………………………….5.A. page 1 Capital Budget Project Information ………………………………………………..………………………………………………...…………………………………………….5.B. page 1 Capital Budget Allocation to Strategies ………………………………………………..………………………………………………...…………………………………………….5.C. page 1 TABLE OF CONTENTS (continued) Other Supporting Schedules HUB Supporting Schedule …………………………………………………...……………………………………………………………………………………….6.A. page 1 One-time Expenditure Schedule…………………………………………………………………………………………………………………………………………………………………....6.B. page 1 Federal Funds Supporting Schedule……………………………………………………...……………………………………………………………………………………….6.C. page 1 Federal Funds Tracking Schedule……………………………………………………...……………………………………………………………………………………….6.D. page 1 Estimated Revenue Collections Supporting Schedule ……………………………………………………...……………………………………………………………………………………….6.E. page 1 Homeland Security Funding Schedule ……………………………………………………...……………………………………………………………………………………….6.G. page 1 Estimated Total of All Agency Funds Outside the GAA Bill Pattern………………………………………………...……………………………………………………………………………………….6.H. page 1 Part A Budgetary Impacts Related to Recently Enacted State Legislation Schedule.……………………………….………………………………6.K. page 1 Part B Summary of Costs Related to Recently Enacted State Legislation.……………………………….………………………………………….6.K. page 1 Document Production Standards……………………………….……………………………………………………………………………………6.L. page 1 Administrative and Support Costs Indirect Administrative and Support Costs ……………………………………………………...……………………………………………………………………………………….7.A. page 1 Direct Administrative and Support Costs ……………………………………………………...……………………………………………………………………………………….7.B. page 1 Capital Projects Summary of Requests for Facilities-Related Projects……………………………………………………………………………………………………………………………………………………..8.A. page 1 Administrator's Statement 10/14/2020 9:41:09AM 87th Regular Session, Agency Submission, Version 1 Automated Budget and Evaluation System of Texas (ABEST) 802 Parks and Wildlife Department On behalf of the Texas Parks and Wildlife Department (TPWD), I am pleased to present the agency’s Legislative Appropriations Request (LAR) for the 2022-23 biennium. In line with policy directives and LAR instructions, this request reflects funding at approved base GR/GRD limits, and expresses TPWD’s priorities for programs we believe are of highest value to Texas’ hunters, anglers, boaters, park goers, landowners, and other outdoor enthusiasts whose support and participation largely finance our work. This funding is necessary to further our mission, which is “to manage and conserve the natural and cultural resources of Texas and to provide hunting, fishing and outdoor recreation opportunities for the use and enjoyment of present and future generations.” As has been well illustrated and amplified during this time of COVID, this mission is essential to the quality of life, heritage, health, and economic well-being of all Texans. EXCEPTIONS TO THE BASELINE REQUEST LIMITATION: Per the August 2020 policy letter, exceptions applicable to TPWD include amounts needed for bond debt service. For FY2020-021, TPWD was appropriated $710,911 for debt service on outstanding revenue bonds. The Texas Public Finance Authority (TPFA) indicates that all revenue bonds will be fully paid in FY2020, therefore revenue bond debt service is not requested for 2022-23. ** As in past years, debt service on TPWD related GO bonds will be paid directly from TPFA appropriations in 2022-23, and TPWD will reimburse TPFA for the state park related portion using Sporting Goods Sales Tax (SGST) per Article IX, Section 17.08. OPPORTUNITIES/CHALLENGES: Key issues/challenges for TPWD leading into the 87th Legislative Session include: COVID-19 RESPONSE & IMPACTS TPWD, like other state agencies, has experienced significant changes to business and programmatic operations as a result of the COVID-19 pandemic. These have included transitions from office to work-from-home environments for some staff, increased reliance on virtual meetings and other electronic means of communication, reduced travel, restricted public access to parks/other facilities, and other steps necessary to ensure the health and safety of TPWD employees, volunteers, and customers. Yet, the pandemic has also highlighted the vital role TPWD plays in this state. As Texans seek safe and affordable venues for relaxation and recreation, the importance of access to outdoor activities has become even more apparent. Many parks are in great demand, and fishing, boating and hunting continue to increase. Additionally, TPWD Law Enforcement and other staff have played a crucial role in pandemic response efforts, helping deliver test kits and samples in remote areas, participating in the state COVID-19 response management planning efforts, and continuing to assist with duties at the State Operations Center. TPWD’s COVID-19 related costs have consisted primarily of amounts for salaries/wages, personal protective equipment, enhanced sanitizing services and supplies, and increased focus on emergency response readiness. To date, the agency has not received any COVID-19-related FEMA reimbursements. While the full impact of the pandemic on TPWD revenue streams remains to be seen, participation in hunting and fishing has remained consistently strong and translated into record license sales for License Year 2020. However, statewide park closures during the spring and limited capacity upon re-opening resulted in declines in park visitation and revenues, which otherwise would have been very strong because of the high demand. Page 1 of 8 Administrator's Statement 10/14/2020 9:41:09AM 87th Regular Session, Agency Submission, Version 1 Automated Budget and Evaluation System of Texas (ABEST) 802 Parks and Wildlife Department SUNSET REVIEW TPWD is currently undergoing the Sunset review process. The Sunset Advisory Commission’s recently released staff report recommends continuation of the Department and identified several areas for improvement, including administration of non-recreational permits, strategic planning, and internal audit. TPWD has begun to address some of these findings and is committed to implementing remaining recommendations and other changes included in the Sunset bill as passed by the 87th Legislature. PROPOSITION 5 Proposition 5, which allows for an automatic appropriation of Sporting Goods Sales Tax (SGST) revenue to TPWD, was overwhelmingly approved by voters in November 2019. This amendment ensures that a predictable and sustained funding stream will be available for state and local parks. For the purpose of this LAR, SGST has been submitted consistent with approved GR/GRD limits and every dollar is directed to state parks operations, local parks grants, state parks capital construction and related benefits/transfers, as outlined in the SGST Informational Rider. STATE PARK DEMAND & FUNDING NEEDS Over the years, the State Parks system has experienced increased pressures due to significantly increased visitation and costs, recurring disasters, and aging/declining facilities. Pre-pandemic demand for parks often saw many sites reaching maximum visitor capacity on a regular basis and having to turn away visitors. Despite declines in park visitation during early stages of the pandemic, and reduced COVID-19 capacity limits, demand for state parks has surged as more Texans seek respite in the outdoors and outdoor activities. This trend is likely to be on-going not only due to uncertainty regarding the severity and duration of the pandemic, but also as the Texas population grows and Texans gain a greater appreciation of and more routinely incorporate outdoor recreation into their activities . As the State Parks system approaches its 100th anniversary in 2023, TPWD hopes to leverage available SGST funding to better meet state park operational demands and ensure appropriate upkeep, safety, and quality visitor experiences. CAPITAL
Recommended publications
  • Me, Myself & Mine: the Scope of Ownership
    ME, MYSELF & MINE The Scope of Ownership _________________________________ PETER MARTIN JAWORSKI _________________________________ May, 2012 Committee: Fred Miller (Chair) David Shoemaker, Steven Wall, Daniel Jacobson, Neil Englehart ii ABSTRACT This dissertation is an attempt to defend the following thesis: The scope of legitimate ownership claims is much more narrow than what Lockean liberals have traditionally thought. Firstly, it is more narrow with respect to the particular claims that are justified by Locke’s labour- mixing argument. It is more difficult to come to own things in the first place. Secondly, it is more narrow with respect to the kinds of things that are open to the ownership relation. Some things, like persons and, maybe, cultural artifacts, are not open to the ownership relation but are, rather, fit objects for the guardianship, in the case of the former, and stewardship, in the case of the latter, relationship. To own, rather than merely have a property in, some object requires the liberty to smash, sell, or let spoil the object owned. Finally, the scope of ownership claims appear to be restricted over time. We can lose our claims in virtue of a change in us, a change that makes it the case that we are no longer responsible for some past action, like the morally interesting action required for justifying ownership claims. iii ACKNOWLEDGEMENTS: Much of this work has benefited from too many people to list. However, a few warrant special mention. My committee, of course, deserves recognition. I’m grateful to Fred Miller for his many, many hours of pouring over my various manuscripts and rough drafts.
    [Show full text]
  • Oklahoma, Kansas, and Texas Draft Joint EIS/BLM RMP and BIA Integrated RMP
    Poster 1 Richardson County Lovewell Washington State Surface Ownership and BLM- Wildlife Lovewell Fishing Lake And Falls City Reservoir Wildlife Area St. Francis Keith Area Brown State Wildlife Sebelius Lake Norton Phillips Brown State Fishing Lake And Area Cheyenne (Norton Lake) Wildlife Area Washington Marshall County Smith County Nemaha Fishing Lake Wildlife Area County Lovewell State £77 County Administered Federal Minerals Rawlins State Park ¤ Wildlife Sabetha ¤£36 Decatur Norton Fishing Lake Area County Republic County Norton County Marysville ¤£75 36 36 Brown County ¤£ £36 County ¤£ Washington Phillipsburg ¤ Jewell County Nemaha County Doniphan County St. 283 ¤£ Atchison State County Joseph Kirwin National Glen Elder BLM-administered federal mineral estate Reservoir Jamestown Tuttle Fishing Lake Wildlife Refuge Sherman (Waconda Lake) Wildlife Area Creek Atchison State Fishing Webster Lake 83 State Glen Elder Lake And Wildlife Area County ¤£ Sheridan Nicodemus Tuttle Pottawatomie State Thomas County Park Webster Lake Wildlife Area Concordia State National Creek State Fishing Lake No. Atchison Bureau of Indian Affairs-managed surface Fishing Lake Historic Site Rooks County Parks 1 And Wildlife ¤£159 Fort Colby Cloud County Atchison Leavenworth Goodland 24 Beloit Clay County Holton 70 ¤£ Sheridan Osborne Riley County §¨¦ 24 County Glen Elder ¤£ Jackson 73 County Graham County Rooks State County ¤£ lands State Park Mitchell Clay Center Pottawatomie County Sherman State Fishing Lake And ¤£59 Leavenworth Wildlife Area County County Fishing
    [Show full text]
  • Chapter 18 County Budgets and Fiscal Control
    CHAPTER 18 COUNTY BUDGETS AND FISCAL CONTROL Last Revision September, 2010 18.01 INTRODUCTION Balancing the Budget Ohio counties and other local political subdivisions are required by state law to adopt a budget resolution annually. Along with other local governmental entities, Ohio’s counties should adopt proper financial accounting, budgeting, and taxing standards as part of the requirement to maintain their fiscal integrity. 1 The basic outline of the county budget process is set by state law. Each board of county commissioners is required to pass an annual appropriation measure based on a “tax budget” that certifies that tax revenues and other receipts and resources will be sufficient to meet planned expenditures. It should be noted that ORC Section 5705.281 allows the county budget commission to waive the tax budget, and a number of counties have implemented this authority. For those counties that have waived the tax budget, the county budget commission may require the commissioners to provide other information during the budget process. See Section 18.10 for additional information. Counties maintain a variety of funds that support their programs and services. Budgeting by fund is a distinguishing feature of the public sector. State law recognizes 1 The roles and responsibilities of county offices are discussed in Section 18.02 of this Chapter, as well as in Chapter 1, and in the respective chapters of this Handbook , which are referred to in Chapter 1. 1 that balancing a county’s operating budget for each fund is at the heart of sound fiscal management. The following passage from the Ohio Revised Code (ORC) contains this fundamental requirement of balancing each fund within a county’s budget: The total appropriations from each fund shall not exceed the total of the estimated revenue available for expenditure therefrom, as certified by the budget commission, or in case of appeal, by the board of tax appeals.
    [Show full text]
  • Justifying Group Intellectual Property: Applying Western Normative Principles to Justify Intangible Cultural Property
    JUSTIFYING GROUP INTELLECTUAL PROPERTY: APPLYING WESTERN NORMATIVE PRINCIPLES TO JUSTIFY INTANGIBLE CULTURAL PROPERTY HARSHAVARDHAN GANESAN* I. INTRODUCTION What does Yoga,1 the German band Enigma,2 fan fiction,3 anti-fungal properties of Neem,4 Wikipedia,5 the Chain Art Project,6 and aboriginal paintings have in common? They all belong to a legal lacunae, a lacuna relating to group-rights (or collective rights) in Intellectual Property Law. Intellectual Property (‘IP’) has almost consistently, since its inception, romanticized the idea of a sole creator, or individual genius.7 This has deprived vast numbers of small, creative groups and indigenous people of IP protection, which has had varied effects on them, ranging from moral disparagement,8 to economic deprivation,9 and even cultural misappropriation.10 These events have not been ignored either at the domestic or international level however, with a steady consensus building up in favor of Cultural Property (‘CP’),11 particularly following the * Harshavardhan Ganesan is an advocate currently practicing in the Madras High Court with Senior Counsel, Mr. Satish Parasaran. 1 Stuart Schüssel, Copyright Protection Challenges and Alaska Natives' Cultural Property, 29 ALA. L. REV. 313, 315 (2012). 2 Timothy D. Taylor, A Riddle Wrapped in a Mystery: Transnational Music Sampling and Enigma's “Return to Innocence,” in MUSIC AND TECHNOCULTURE, 64, 68 (René T. A. Lysloff & Leslie C. Gay, Jr. eds., 2003). 3 Margaret Leidy, Protecting Creation: The Twilight Series, Creation Stories, and the Conversion of Intangible Cultural Property, 41 Sw. U. L. REV. 509 (2012). 4 Srividhya Ragavan, Protection of Traditional Knowledge, 2 MINN. INTELL. PROP.
    [Show full text]
  • Life, Liberty, and . . .: Jefferson on Property Rights
    Journal of Libertarian Studies Volume 18, no. 1 (Winter 2004), pp. 31–87 2004 Ludwig von Mises Institute www.mises.org LIFE, LIBERTY, AND . : JEFFERSON ON PROPERTY RIGHTS Luigi Marco Bassani* Property does not exist because there are laws, but laws exist because there is property.1 Surveys of libertarian-leaning individuals in America show that the intellectual champions they venerate the most are Thomas Jeffer- son and Ayn Rand.2 The author of the Declaration of Independence is an inspiring source for individuals longing for liberty all around the world, since he was a devotee of individual rights, freedom of choice, limited government, and, above all, the natural origin, and thus the inalienable character, of a personal right to property. However, such libertarian-leaning individuals might be surprised to learn that, in academic circles, Jefferson is depicted as a proto-soc- ialist, the advocate of simple majority rule, and a powerful enemy of the wicked “possessive individualism” that permeated the revolution- ary period and the early republic. *Department Giuridico-Politico, Università di Milano, Italy. This article was completed in the summer of 2003 during a fellowship at the International Center for Jefferson Studies, Monticello, Va. I gladly acknowl- edge financial support and help from such a fine institution. luigi.bassani@ unimi.it. 1Frédéric Bastiat, “Property and Law,” in Selected Essays on Political Econ- omy, trans. Seymour Cain, ed. George B. de Huszar (Irvington-on-Hudson, N.Y.: Foundation for Economic Education, 1964), p. 97. 2E.g., “The Liberty Poll,” Liberty 13, no. 2 (February 1999), p. 26: “The thinker who most influenced our respondents’ intellectual development was Ayn Rand.
    [Show full text]
  • Gillespie County, Blanco County, and Kendall County, TX
    2019 Gillespie County, Blanco County, and Kendall County, TX Community Asset Inventory - Hill Country Memorial Hospital – Fredericksburg Texas - 1 https://hillcountrymemorial.org TABLE OF CONTENTS Geography – Cities, Towns --------------------------------------------------------------------------------------- 03 Government ------------------------------------------------------------------------------------------------------------- 04 Major Employers ------------------------------------------------------------------------------------------------------- 06 Public Safety – Fire, Police, EMS ------------------------------------------------------------------------------- 06 Healthcare ----------------------------------------------------------------------------------------------------------------- 08 Hospitals ------------------------------------------------------------------------------------------------------- 08 Health Department ------------------------------------------------------------------------------------------- 08 Dentists ---------------------------------------------------------------------------------------------------------- 08 Clinics ------------------------------------------------------------------------------------------------------------ 09 Long-term Care and Assisted Living -------------------------------------------------------------------- 09 Home Health and Hospice --------------------------------------------------------------------------------- 10 Behavioral and Addiction Services ---------------------------------------------------------------------
    [Show full text]
  • Economic Geology Resources of the Llano Uplift Region
    Economic Geology Resources of the Llano Uplift Region and the Historical Impacts to the Region’s Growth Guidebook to the Texas Section- American Institute of Professional Geologists Spring Field Trip, Llano Uplift Region, Central Texas: May 14-15, 2016 Rima Petrossian, Ph.D., P.G., C.P.G.: Author and Field-Trip Organizer Renee Ryan, P.G., C.P.G.: Author and Field-Trip Leader Chris Caran, P.G.: Author and Field Guide, Los Almagres Mine Michael Jacobs, P.G., Field Trip Organizer Michael D. Campbell, P.G., P.H., C.P.G.: Author and Field-Trip Organizer Martin Meinshausen: Field Guide, Voca Sand Mine Neyda Maymi: Field Guide, Voca Sand Mine © 2016 Version 2.2 Acknowledgements A big thank you goes to the Stotts Family for allowing us exclusive access to Los Almagres mine site at Packsaddle Mountain. Also, a special thanks to Premier Silica for access to the Hickory Sands Mine and for sponsoring lunch. 2 | Page Field Trip Schedule, May 14-15, 2016 Friday Evening: Optional Friday happy hour/no-host dinner: 6 PM Evening at River City Grille, Marble Falls, Texas. Saturday Morning: 0730 hrs. Stop 1: Meet at Historical Marker Roadside Park, FM1431 westbound about 1.85 miles from Hwy 281 across from Town Mountain Granite Mine on the north side of the road for breakfast tacos (provided). Distribute for signature and return the AIPG Indemnification Document, and hand out field-trip guide; discuss geology and historical importance of groundwater and granite to Llano Uplift area (Ryan, Wise, Jacobs, etc., 30 minutes) Depart first stop in caravan east 1.85 miles to Hwy 281 and FM 1431 west intersection, turn south or right.
    [Show full text]
  • Mark Maxwell Jamee Stewart Kelly Schmidt
    Anderson Mill Limited District VOLUME 18 ~ ISSUE 5 COMMUNITY NEWSLETTER SEPT & OCT 2010 Scary Freaks and Circus Clowns, Hiking Adventure Program! Find these acts all around. This fall marks the beginning of the AMLD Adventure Pro- Are they acting in their usual way? gram! The initial activity will be a series of hikes in and Or has something gone astray? around Austin, the majority of which will be at Texas State Parks and Natural Areas. I am excited about this program Welcome Ladies and and hope that it will grow and evolve over the years to include Gentleman, boys and girls of Geocaching, camping, kayaking and mountain biking at the all ages…. Do you hear abundance of Texas State Park facilities that are so close to sounds of maniacal laugh- AMLD. I would also like to see the program develop into ter? The devious minds at something that reflects the activities that the residents have Anderson Mill Limited District requested be a part of the Adventure Program. have created another house The first hike for the new pro- of haunts. We are inviting gram will be for adults only, 18 everyone who’s courageous and up. This will be a great op- enough to come to Anderson portunity for adults to test there Mill’s Second Annual hiking legs before bringing along Haunted House. This year the little ones. We will be visiting we are featuring a Sinister the Barton Springs Greenbelt in Circus. Under the big top we downtown Austin. The trail is a will showcase a fortune little deceiving because of it’s lo- teller, a freak show, and if cation and relative flatness.
    [Show full text]
  • Memorial Organizations Offer a Chance to Give
    MEMORIAL ORGANIZATIONS OFFER A CHANCE TO GIVE Editor’s Note: From time to time, individuals & groups in the Gillespie County Friends of Gillespie County Country Schools, Inc.--Contact: Patsy National S.I.D.S. Foundation--Contact: Denise Stehling, 320 West area find a need or desire to make donations to various churches & organizations. Grote Hauptrief, 830-685-3078, P.O. Box 55, Fredericksburg, TX 78624. Nimitz, Fredericksburg, TX 78624. 830-997-4910. Organizations are encouraged to notify the Standard-Radio Post at 830-997-2155 Friends of the Pioneer Memorial Library--Contact: Pioneer Memorial New Horizons Center--P.O. Box 771, Contact: Susan Bumgarden, area about changes or additions that need to be made. Library, 115 West Main, 830-997-6513. director, 830-997-8696. Gillespie County 4-H Adult Leaders Scholarship Fund--Contact: New Hope Primitive Baptist Church--405 West Burbank. Contact: The 100 Club of Gillespie County--P.O. Box 2951, Fredericksburg, TX County Extension Office, 95 Frederick Rd., 830-997-3452 or 830-997- David Montgomery, elder, 405 West Burbank, 830-992-2069. 78624. Contact: Bookkeeping Solutions, 830-990-4777. 3157. New Life Worship Center--102 E. Travis, Fredericksburg. Call 830- Admiral Nimitz Foundation--328 E. Main. Contact: Rorie Cartier at Gillespie County A&M Club Scholarship Fund--8318 RR1376, Fbg., 997-2607. 830-997-8600, ext. 221. Tx. 78624. Contact: Randye McAnally, President, 830-997-9988. Oestreich, Shari, Endowment Fund--c/o Security State Bank and Alamo Springs Volunteer Fire Department--Contact: Colleen Gillespie County Child Protective Services Board--P.O. Box 3045, Trust, P.O.
    [Show full text]
  • Opinion No. 298 Water Rights-State Lands-Easements Opinion No. 299
    202 OPI~IOXS OF THE ATTORXEY GE~ERAL to put a check upon public officers in tana give a person the right to go on the expenditure of moneys authorized the public domain for the purpose of under the general laws, and in the col­ appropriating water flowing through lection and expenditure of which the the same or ha ,-ing its source therein. taxpayers have no direct vote. The diversion of such water may be In our opinion the legal voters of made by a ditch, flume, pipe or aque· the district, who are taxpaying free­ duct. (Section 7093 et seq., Re,ised holders therein, have the power to au­ Codes 1921; Smith v. Denniff, 24 Mont. thorize a le,-y to produce amounts in 20; Prentice v. McKay, supra.) excess of the maximums specified in The first appropriator on a stream or Section 5, Chapter 178, J~a ws of 193:3. >=pring is entitled, b~' drtue of his prior right, to the use and enjoyment Opinion No. 298 of the water to the full extent of his original appropriation, even when this Water Rights-State Lands-Easements includes all of the water of the stream or spring, and this right continues so HELD: A water right may be per­ long as he applies all of the water fected when water from springs has appropriated to some useful or hene­ been appropriated on state land and ficial purpose. (Mettler v. Ames Realty com-eyed across said land through a Co., 61 Mont. 152; 2 Kinney on Irri­ pipe line without securing a right o~ gation and Water Rights, sec.
    [Show full text]
  • On Original Appropriation
    On Original Appropriation Peter Vallentyne, University of Missouri-Columbia in Malcolm Murray, ed., Liberty, Games and Contracts: Jan Narveson and the Defence of Libertarianism (Aldershot: Ashgate Press, 2007), pp. 173-78 Libertarianism holds that agents initially fully own themselves. Lockean libertarianism further holds that agents have the moral power to acquire private property in external things as long as a Lockean Proviso—requiring that “enough and as good” be left for others—is satisfied. Radical right-libertarianism, on the other hand, holds that satisfaction of a Lockean Proviso is not necessary for the appropriation of unowned things. This is sometimes defended on the ground that the initial status of external resources as unowned precludes any role for a Lockean Proviso. I shall show that this is a bad argument. Although I would argue that satisfaction of a Lockean Proviso is indeed a necessary condition for the appropriation of unowned things, I shall not attempt to establish that here. My goal here is more modest: to rebut one argument against the Lockean Proviso. The Lockean Proviso can be interpreted in several different ways. Nozickean right- libertarianism interprets the proviso as requiring that no one be left worse off by the appropriation than she would be if the thing remained in common use.1 Equal share left- libertarianism2 interprets the Lockean Proviso as requiring that no one be worse off than she would be if no one appropriated more than an equal share of the competitive value (i.e., based on demand and supply) of initially unowned things. Equal opportunity (for wellbeing) left- libertarianism3 interprets the Lockean Proviso as requiring (roughly) that no one be worse off than she would be if no one appropriated more than is compatible with everyone having an equally valuable opportunity for wellbeing.4 I shall not here assume any particular version of the Lockean Proviso.
    [Show full text]
  • Fiscal Law Deskbook, 2014, Chapter 2
    C hapter 2: Availability of Appropriations as to Purpose THIS PAGE INTENTIONALLY LEFT BLANK CHAPTER 2 AVAILABILITY OF APPROPRIATIONS AS TO PURPOSE I. REFERENCES. .......................................................................................................................1 II. CONSTITUTIONAL, STATUTORY AND OTHER BACKGROUND. .......................1 A. U.S. Constitution ................................................................................................................1 B. The Purpose Statute............................................................................................................ 2 C. The “Necessary Expense Doctrine” (a.k.a. The 3-part Purpose Test). .............................2 III. THE APPROPRIATION ACTS .........................................................................................4 A. Overview. ...........................................................................................................................4 B. Appropriations ....................................................................................................................4 C. Continuing Resolution Authorities .....................................................................................5 D. Researching Appropriation Acts.. ......................................................................................5 IV. EXPRESS STATUTORY PURPOSE: THE DEPARTMENT OF DEFENSE APPROPRIATIONS......................................................................................................................6
    [Show full text]