CAPITOL FLYER

Thursday, January 5, 2006

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Capitol Flyer is intended to keep you abreast of the latest developments in Washington affecting the National Wildlife Refuge System.

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Special Edition: 2005 Year in Review

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Table of Contents:


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2005: The Year in Review

Happy New Year, from all of us at the National Wildlife Refuge Association! With 2005 concluded and members of Congress home in their districts and states before they return to Washington for another year of legislating, the January issue of Capitol Flyer is a great opportunity to look back over the good (National Friends Conference), the bad (Arctic) and the ugly (refineries on refuges) of the past year as it applies to national wildlife refuges.

2005 National Friends Conference: "Friends in Action" - Without a doubt, 2005 began on a high note when the national wildlife refuge community came together in Washington, DC, for the 2005 National Friends Conference, held February 5-7. In all, more than 250 refuge Friends and U.S. Fish and Wildlife Service (FWS) staff attended the conference, representing over 100 refuges in approximately 45 states. Following the conference, the National Wildlife Refuge Association (NWRA) led more than 120 Friends to Capitol Hill to meet with members of Congress to expand Congressional support and draw attention to the Refuge System's funding shortfalls.

Pocosin Lakes NWR - Early in 2005, a Federal District Court ruled that the U.S. Navy distorted an environmental impact statement (EIS) to justify the construction of an outlying landing field (OLF) for fighter jets within five miles of the Pocosin Lakes NWR in North Carolina. Although the Navy appealed the district court ruling in March, the U.S. Fourth Circuit Court of Appeals in Richmond upheld the ruling. The Navy is currently working on a new EIS.

National Bison Range - On March 15, the annual funding agreement (AFA) between the FWS and Confederated Salish and Kootenai Tribes (CSKT), which transferred approximately half the refuge staff positions and budget at the National Bison Range in Montana to the tribes, went into effect. Although Congress had 90 days to review the agreement and the NWRA and other national and local groups urged them to conduct oversight on the agreement, no official action was taken. The agreement runs through September 30, 2006, at which point the CSKT may sign another agreement with the FWS.

Yukon Flats Land Exchange - In February 2005, the FWS began considering a proposed land exchange at the Yukon Flats NWR in Alaska. The exchange would take place between the FWS and Doyon, Limited, an Alaska Native Claims Settlement Act (ANCSA) Corporation that owns 1.25 million acres within the exterior boundary of the refuge. In May, as a result of pressure from the NWRA, other conservation organizations and some native villages, the Department of the Interior (DOI) agreed to conduct an EIS.

Conservation Tax Incentives - The Joint Committee on Taxation (JCT) of the U.S. Congress came out with recommendations for Congress that would dismantle tax deductions for landowners who volunteer to conserve their land. Those tax incentives, in place for more than 25 years, have led to voluntary conservation of more than 34 million acres of working agricultural lands, working forests, wildlife habitats, historic landscapes and parklands. Due to enormous pressure from conservation organizations like the NWRA and land trust organizations across the country, the Senate approved a conservation tax incentive bill that is a victory for land conservation. Passed in November, the bill expands tax incentives for conservation easement donations, while also tightening the appraisal standards for donated property and changing the rules for donations of easements on historic structures.

Ivory-Billed Woodpecker - 2005 saw the dramatic announcement by the Department of the Interior that the ivory-billed woodpecker, long thought extinct, had been found in the Cache River NWR, Arkansas. The ivory-billed woodpecker was squeezed out of its southeastern old-bottomland habitat due to the fragmentation and harvesting of contiguous forests. Presumed extinct for decades, there have been unconfirmed sightings in a number of southeastern states, but no confirmation of live birds until now.

Special-Interest Access to Closed Refuges - On May 26, the House Resources Subcommittee on Fisheries Conservation, Wildlife and Oceans held a hearing on public access to the National Wildlife Refuge System. The groups testifying included Ham radio operators, model airplane enthusiasts, and veterans from the Battle of Midway (conservation groups were not asked to testify). Special-interest groups testified that they are unfairly denied access to national wildlife refuges to pursue their activities. The FWS provided testimony at the hearing explaining that the National Wildlife Refuge System Improvement Act of 1997 clearly defined compatible uses on refuges. The Act designates six priority "wildlife-dependent" uses on refuges: hunting; fishing; wildlife observation and photography; and environmental education and interpretation. As a result of the hearing, Congressman Nick Rahall (D-WV) introduced H.R. 1183, which provides access to Navassa and Desecheo, two Caribbean refuges that are closed to the public for biological and public safety reasons. H.R. 1183 passed out of the House Resources Committee October 19; however, no further action has taken place on the legislation.

Partners for Fish and Wildlife Legislation - On June 28, the Senate unanimously passed the Partners for Fish and Wildlife Act (S. 260). The bill authorizes $75 million a year for the FWS' Partners for Fish and Wildlife Program from 2006 to 2011. The Program provides incentives and assistance for private landowners to improve the natural habitats on their own land. In 17 years, the program has protected more than 670,000 acres of wetlands and produced over 33,000 agreements with private landowners. Similar legislation (H.R. 2018) is currently being considered by the House Resources Committee. The NWRA strongly supports this legislation and hopes to see it become law in 2006.

FY 2006 Interior Appropriations - At the end of July, the Congress cleared for the president's signature a $26.2 billion Interior-Environment spending bill, the first fiscal year (FY) 2006 appropriations bill sent to the White House. The bill provided the FWS' operations and maintenance (O&M) account for the Refuge System at $391,521,000 after rescissions. This is an approximate increase of $7 million over FY 2005. However, a 1% across-the-board rescission included in the final FY 2006 appropriations bill passed in December cut an additional $4 million from the refuge O&M budget. Therefore, the final O&M budget is approximately $387 million. Included in the Interior Appropriations bill is $1 million (not including rescissions) to continue and expand the Volunteer Invasives Monitoring Project (VIMP) and provide competitive grants to refuge Friends groups on invasive species control. This allocation is a result of the successful VIMP program-a partnership among the NWRA, FWS, The Nature Conservancy and U.S. Geological Survey (USGS). The NWRA has worked closely with Congress over the years to ensure this funding is approved. In 2005, the VIMP added seven new sites for a total of 13 sites participating in the Program.

Transportation - After prolonged consideration stretching back to 2004, Congress finally passed the Transportation bill July 29. The bill was deemed a victory for the Refuge System, which was allocated $29 million annually for the maintenance and upkeep of roads on national wildlife refuges. Originally, the Senate version called for $29 million, while the House version allocated $20 million. However, as a result of FWS efforts to educate members of Congress and lobbying by the NWRA and Cooperative Alliance for Refuge Enhancement (CARE), the Senate figure was adopted in the final bill. Although the Refuge System continues to face a backlog of more than $2 billion for transportation needs, getting the full $29 million is a victory for the Refuge System, and a considerable increase over the past Refuge Roads funding level of $17 million. In addition to Refuge Roads, the Transportation bill also allocated $20.2 million for specific refuge projects across the country.

Beyond Refuge Boundaries - The NWRA issued a policy report in August citing an urgent need to implement strategies that conserve lands outside national wildlife refuges. The "2005 State of the System" report tells the story of 12 refuges-six threatened and six rescued-that geographically illustrate why we must take action now. In the report, the NWRA recommends five government actions: strengthening incentives for private landowners to practice conservation; conserving more land through acquisition and easements; allocating more funds at the state level; conducting more research to determine priorities; and establishing preventative systems for shipping disasters near refuges. Following the report, the NWRA held a workshop at the FWS' National Conservation Training Center in West Virginia with 60 attendees representing 30 refuge Friends groups from across the country. The workshop provided an opportunity to educate Friends about threats to refuges from beyond refuge boundaries and give them the tools to protect refuges from these threats.

Refineries on Refuges - Just before Columbus Day, the House passed a bill that allows oil refineries to be built on national wildlife refuges, national conservation areas and other public lands. The "Gasoline for America's Security Act" (GAS Act), H.R. 3893, which was is aimed at lowering gasoline prices by increasing refinery capacity in the wake of hurricanes Katrina and Rita, includes a provision that would require the president to designate areas on federal lands "appropriate for the purposes of siting a refinery." The GAS Act passed the House by a razor-thin margin of 212-210. Similar refinery legislation was considered in the Senate, but failed to pass out of committee when Senator Lincoln Chafee (R-RI)-guest columnist in NWRA's inaugural issue of Wildlife Refuge Magazine-joined committee Democrats in voting against the bill.

Gulf Coast Hurricane Damage - One of the biggest stories of 2005 was hurricanes hitting the Gulf Coast. Hurricanes Katrina and Rita caused severe damage to refuges in the Gulf Coast region. Following these two powerful storms, Hurricane Wilma inflicted damage across Florida. Estimates of the damages to refuges from the combined storms exceed $240 million (while additional needs continue to be discovered); this represents well-over half of the Refuge System's total annual operating budget. On October 28, the Administration submitted a supplemental funding request to Congress that included $61 million for restoration and repair costs on refuges. According to the FWS, these costs alone total approximately $152 million between Katrina and Rita. As one of Congress' final actions of the year, the House and Senate approved $30 million for refuges damaged by hurricanes. This number is woefully short of the actual Refuge System needs. The NWRA, along with CARE, will continue to work with Congress in 2006 in order to address the extensive damage to refuges caused by hurricanes in 2005.

Mining Provision for Public Lands - In 2005, a section was added to the Budget Reconciliation bill that threatened to put millions of acres of public land, including refuges, up for sale to mining companies. The mining provision would have allowed companies to buy rights to over 270 million acres of public lands for any number of purposes. The NWRA, along with a number of conservation groups, strongly opposed the mining language. Thanks to strong opposition from conservation organizations, including a large number of hunting and fishing organizations, the mining provision was ultimately removed from the Budget Reconciliation measure.

Arctic NWR - In November, the Senate approved a Budget Reconciliation bill that included language allowing drilling in the Arctic National Wildlife Refuge. Following the Senate vote, the House approved a Budget Reconciliation bill that did not include the Arctic drilling language. Faced with the reality that they could not pass a Budget bill if it included drilling in the Arctic, Republican leaders were forced to drop the provision from the final bill. However, as soon as the Arctic provision was dropped from the Budget bill, Senator Ted Stevens (R-AK), chairman of the Senate Appropriations Subcommittee on Defense, added the language to a "must-pass" Defense Appropriations bill in the final days leading up to Christmas. However, with letters and calls pouring in to Congressional offices from people all across the country, the Senate Republican leadership could not overcome a filibuster threat, and was forced to, again, drop the Arctic drilling provision. As something the NWRA and its members have been tirelessly fighting throughout much of 2005 (as well as past years), this was a huge victory and a great way to close out the year.

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DOI Officials Confirmed

On December 29, R. Thomas Weimer was sworn in as Assistant Secretary of the Interior for Policy, Management and Budget. He replaces Lynn Scarlett, who was promoted to Deputy Secretary of the Interior November 22.

Weimer previously served as Principal Deputy Assistant Secretary for Water and Science. His 18 years of federal experience includes previously serving at Interior as chief of staff to Secretary Manuel Lujan, Jr. Thomas Weimer began his career as an engineer at Sandia National Laboratories. From there he went to Capitol Hill, were he began his work in policy with then-Congressman Lujan. He has also spent time as program director at the National Academy of Engineering in Washington, DC.

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Take Action!

If you received this issue of Capitol Flyer directly from the NWRA, your e-mail address is registered with the Refuge Action Network. But have you taken action on refuge issues? Help make a difference on refuge issues by utilizing the NWRA's RAN e-advocacy tool. It's fast, easy and effective!

Please visit the NWRA Web site or contact Michael Woodbridge, Assistant Director of Government Affairs, at 202.333.9073 or mwoodbridge@refugenet.org for more information.

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Capitol Flyer, a monthly e-newsletter from the NWRA, is prepared by Michael Woodbridge, NWRA's Assistant Director of Government Affairs. For additional information, please contact mwoodbridge@refugenet.org.