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Americans Outdoors Act Hearing

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Americans Outdoors Act Hearing S. HRG. 108–712 AMERICANS OUTDOORS ACT HEARING BEFORE THE COMMITTEE ON ENERGY AND NATURAL RESOURCES UNITED STATES SENATE ONE HUNDRED EIGHTH CONGRESS SECOND SESSION ON S. 2590 TO PROVIDE A CONSERVATION ROYALTY FROM OUTER CONTINENTAL SHELF REVENUES TO ESTABLISH THE COASTAL IMPACT ASSISTANCE PROGRAM, PROVIDE ASSISTANCE TO STATES UNDER THE LAND AND WATER CONSERVATION FUND ACT OF 1965, TO ENSURE ADEQUATE FUNDING FOR CONSERVING AND RESTORING WILDLIFE, TO ASSIST LOCAL GOVERNMENTS IN IMPROVING LOCAL PARK AND RECREATION SYSTEMS, AND FOR OTHER PURPOSES JULY 20, 2004 ( Printed for the use of the Committee on Energy and Natural Resources U.S. GOVERNMENT PRINTING OFFICE 97–188 PDF WASHINGTON : 2004 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 0ct 09 2002 16:01 Dec 13, 2004 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 P:\DOCS\97188.TXT SENE3 PsN: SCAN COMMITTEE ON ENERGY AND NATURAL RESOURCES PETE V. DOMENICI, New Mexico, Chairman DON NICKLES, Oklahoma JEFF BINGAMAN, New Mexico LARRY E. CRAIG, Idaho DANIEL K. AKAKA, Hawaii BEN NIGHTHORSE CAMPBELL, Colorado BYRON L. DORGAN, North Dakota CRAIG THOMAS, Wyoming BOB GRAHAM, Florida LAMAR ALEXANDER, Tennessee RON WYDEN, Oregon LISA MURKOWSKI, Alaska TIM JOHNSON, South Dakota JAMES M. TALENT, Missouri MARY L. LANDRIEU, Louisiana CONRAD BURNS, Montana EVAN BAYH, Indiana GORDON SMITH, Oregon DIANNE FEINSTEIN, California JIM BUNNING, Kentucky CHARLES E. SCHUMER, New York JON KYL, Arizona MARIA CANTWELL, Washington ALEX FLINT, Staff Director JUDITH K. PENSABENE, Chief Counsel ROBERT M. SIMON, Democratic Staff Director SAM E. FOWLER, Democratic Chief Counsel KELLIE DONNELLY, Counsel DAVID BROOKS, Democratic Senior Counsel (II) VerDate 0ct 09 2002 16:01 Dec 13, 2004 Jkt 000000 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 P:\DOCS\97188.TXT SENE3 PsN: SCAN C O N T E N T S STATEMENTS Page Alexander, Hon. Lamar, U.S. Senator from Tennessee ........................................ 2 Angelle, Scott A., Secretary, Louisiana Department of Natural Resources, Baton Rouge, LA .................................................................................................. 29 Baughman, John, Executive Vice President, International Association of Fish and Wildlife Agencies .......................................................................................... 41 Bingaman, Hon. Jeff, U.S. Senator from New Mexico .......................................... 2 Burns, Hon. Conrad, U.S. Senator from Montana ................................................ 7 Clifton, Daniel M., Federal Affairs Manager, Americans for Tax Reform, Washington, DC ................................................................................................... 57 Diamond, Henry L., Chair, Americans for Our Heritage and Recreation .......... 45 Domenici, Hon. Pete V., U.S. Senator from New Mexico ..................................... 1 Johnson, Hon. Tim, U.S. Senator from South Dakota .......................................... 10 Jordan, Charles, Chairman, the Conservative Fund, Portland, OR .................... 35 Landrieu, Hon. Mary L., U.S. Senator from Louisiana ........................................ 5 Marzulla, Nancie G., President, Defenders of Property Rights ........................... 50 Murkowski, Hon. Lisa, U.S. Senator from Alaska ................................................ 12 Nickles, Hon. Don, U.S. Senator from Oklahoma ................................................. 8 Scarlett, P. Lynn, Assistant Secretary for Policy, Management and Budget, Department of the Interior .................................................................................. 13 Thomas, Hon. Craig, U.S. Senator from Wyoming ............................................... 7 APPENDIXES APPENDIX I Responses to additional questions .......................................................................... 71 APPENDIX II Additional material submitted for the record ........................................................ 89 (III) VerDate 0ct 09 2002 16:01 Dec 13, 2004 Jkt 000000 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 P:\DOCS\97188.TXT SENE3 PsN: SCAN VerDate 0ct 09 2002 16:01 Dec 13, 2004 Jkt 000000 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 P:\DOCS\97188.TXT SENE3 PsN: SCAN AMERICANS OUTDOORS ACT TUESDAY, JULY 20, 2004 U.S. SENATE, COMMITTEE ON ENERGY AND NATURAL RESOURCES, Washington, DC. The committee met, pursuant to notice, at 10:03 a.m., in room SD–366, Dirksen Senate Office Building, Hon. Pete V. Domenici, chairman, presiding. OPENING STATEMENT OF HON. PETE V. DOMENICI, U.S. SENATOR FROM NEW MEXICO The CHAIRMAN. Good morning. This hearing of the Energy and Natural Resources Committee on S. 2590, the Americans Outdoors Act, will come to order. This legislation that is before us today dedicates for fiscal years 2005 through 2010 approximately $1.425 billion per year of the revenue gained from oil and gas development from Federal waters of the Outer Continental Shelf in order to directly fund the coastal impact assistance programs, the State Land and Water Conserva- tion Fund, and the programs under the Pittman-Robertson Wildlife Restoration Act and the Urban Park and Recreation Recovery Act. Although the Federal Land and Water Conservation program is not addressed in S. 2590, as introduced, the bill’s sponsors have stated their intent to offer an amendment to fully fund the program, as well as an additional $450 million. This committee considered legislation similar to this in the 106th Congress. There was a wide variety of views on both the policy and the budget implications. The makeup of our committee, as well as the provisions of the bill that we examine today, is different than in the 106th. So I look forward to today’s discussion. Testifying today—I am just going to state them and then yield to Senators—first is Lynn Scarlett, Assistant Secretary for Policy, Management and Budget; Scott A. Angelle, secretary of the Lou- isiana Department of Natural Resources; Charles Jordan, chairman of the Conservation Fund; John Baughman, executive vice presi- dent of the International Association of Fish and Wildlife Agencies; Henry Diamond, chairman of the Americans for Our Heritage and Recreation; Nancie Marzulla, president of Defenders of Property; and Daniel Clifton, Federal affairs manager for Americans for Tax Reform. Once again, I welcome all the witnesses here today and I am very thankful that a number of Senators have arrived. This is a very important bill. (1) VerDate 0ct 09 2002 16:01 Dec 13, 2004 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 P:\DOCS\97188.TXT SENE3 PsN: SCAN 2 With that, I will yield to Senator Bingaman. STATEMENT OF HON. JEFF BINGAMAN, U.S. SENATOR FROM NEW MEXICO Senator BINGAMAN. Thank you, Mr. Chairman, for having the hearing. This bill, S. 2590, would take a portion of the oil and gas reve- nues generated from the Outer Continental Shelf and dedicate those to various conservation programs. This is not a new issue for the committee. As you indicated, 5 years ago we had several hearings on what was then entitled the CARA act, or the Conservation and Reinvestment Act, and created quite a legislative record in connection with consideration of that. A central position, which I urged at that time and think is still valid, is that we need to remain true to the intent behind the es- tablishment of the Land and Water Conservation Fund. The idea behind that was that at least some portion of the revenues from the Outer Continental Shelf oil and gas production, which was a non-renewable resource, should be used to protect other resources throughout the country. I thought that was a very useful concept and one that was worthy of maintaining. I commend Senator Alexander and Senator Landrieu for con- tinuing to pursue this issue with this new legislation. I do strongly believe that we should include full funding for both the Federal and State components of the Land and Water Con- servation Fund. If we enact legislation along these lines, as I un- derstand it, the bill as introduced only funds the State portion of the fund. I am pleased that Senator Alexander and Senator Landrieu have both committed to addressing this at some point in the future. I do think it is very important legislation, and again, thanks for having the hearing. The CHAIRMAN. Thank you very much, Senator Bingaman. Now I ask your advice. A number of Senators want to make statements. Normally we stop after the chairman and ranking member and wait until we start questioning, but I think I will change that back to the old way and let every Senator make a statement now. So with that, let us go now to Senator Alexander. STATEMENT OF HON. LAMAR ALEXANDER, U.S. SENATOR FROM TENNESSEE Senator ALEXANDER. Thank you, Mr. Chairman. I appreciate the courtesy of that. Recognizing that there are several Senators here, I will try to be succinct in my remarks, but what I would like to do is to have a chance to make my point because I believe that what Senator Landrieu and I are suggesting here is a little different than some of what the committee has heard before, and I want to make sure that that distinction is made. We will have other opportunities to make those points before the witnesses, so I will make them very quickly. As the chairman said, the Americans Outdoors Act would provide a reliable stream of funding by creating a conservation royalty from drilling of oil and gas on offshore Federal
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