CAPITOL FLYER

Friday, April 1, 2005

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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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Table of Contents:


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Senate Votes to Drill in Arctic NWR

On March 16, the Senate voted, for the first time in a decade, to allow oil and gas development in the Arctic National Wildlife Refuge (NWR). Due to a larger Republican majority in the Senate, drilling supporters defeated an amendment by Sen. Maria Cantwell (D-WA) to strike from the fiscal year (FY) 2006 budget resolution language that assumes $2.5 billion in revenues that would be realized from Arctic oil leasing. The amendment failed on a 49-51 vote. Two years ago, drilling opponents were able to strip out an Arctic leasing measure by a vote of 52-48.

Congress must take further action before the Arctic provision becomes law. The leasing proposal for drilling in the Arctic Refuge would become law only if it is included in a budget reconciliation bill that President Bush signs. Currently, the House and Senate are working on reconciling the differences between their two versions of the FY06 Budget in a conference committee. Since the House did not include an Arctic provision in its budget, a final conference report may or may not include drilling revenues.

With a potentially crucial vote looming in Congress on the FY06 Budget, weighing in on Arctic drilling with members of Congress is critical. The National Wildlife Refuge Association (NWRA) has posted an Action Alert on the Refuge Action Network (RAN) that allows you to contact your elected officials in Congress about Arctic drilling. You can take action by visiting http://refugenet.e-actionmax.com.

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Director Williams Resigns; Hogan Tapped as Acting Director

Steve Williams has resigned as Director of the U.S. Fish and Wildlife Service (FWS) after three years of service. He became President of the Wildlife Management Institute (WMI), a nonprofit organization dedicated to scientific wildlife management, March 20.

Williams' past experience includes serving as Secretary of the Kansas Department of Wildlife and Parks and positions in the Pennsylvania Game Commission and Massachusetts Division of Fisheries and Wildlife. FWS deputy director, Matt Hogan, is serving as the agency's interim director until a full-time director is nominated by President Bush and confirmed by the Senate. Hogan has served as FWS deputy director for the past three years, with a focus on Congressional relations and working with FWS partners.

The Department of the Interior (DOI) has said there is no timeline for when the president will name a new director. Federal statute requires the head of FWS have a degree or background in wildlife biology.

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Transportation Update

Congress has once again taken up a transportation reauthorization bill, major legislation for transportation projects across the country. The House passed H.R. 3, the "Transportation Equity Act: A Legacy for Users," authorizing $284 billion for federally supported transportation programs through FY 2009, including $20 million per year for refuge roads.

In the Senate, the Environment and Public Works Committee has completed work on their version of the legislation, the "Safe, Accountable, Flexible and Efficient Transportation Equity Act of 2005." The Senate bill currently includes $26.8 million per year for refuge roads.

The Refuge Roads Program funds construction and maintenance of roads and trails within the National Wildlife Refuge System. Every dollar for refuge roads from the Department of Transportation is a dollar that the FWS doesnât have to take away from wildlife management.

According to the Federal Highway Administration (FHA), the Refuge System currently has a transportation backlog of needs of $2.1 billion. In fact, the FHA has classified over 37% of Refuge System roads as being in "poor to failed" condition.

The NWRA continues to work with Congress to increase the funding level for refuge roads. Currently, the funding level is $20 million per year.

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Navy Appeals Ruling on OLF Near Pocosin Lakes NWR

As reported in the March 2005 issue of Capitol Flyer, 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), within five miles of the Pocosin Lakes National Wildlife Refuge, in Washington County, North Carolina.

On March 25, lawyers for the Navy appealed the district court ruling to the U.S. Fourth Circuit Court of Appeals in Richmond.

The Navy has remained steadfast in its pursuit of the Washington County site. However, criticisms of the Navy's environmental assessments, especially bird/plane collision management, have resulted in mounting pressure on the Navy to seek an alternative site.

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Conservation Tax Incentives Under Fire From Joint Congressional Committee

The Joint Committee on Taxation (JCT) of the U.S. Congress recently recommended dismantling tax deductions for landowners who volunteer to conserve their land - a program that has been essential to private and public conservation efforts. 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.

Currently, landowners who care about conservation and are willing to protect important resources on their property can donate a conservation easement, which protects these resources, often in perpetuity, but allows families to continue to live on and farm the land, and pass the property on to their heirs. Now, they receive a tax deduction for the value of the development rights they give up. However, the JCT proposes forbidding any deduction for donating an easement if the landowner continues to live on the land and, in all other cases, allowing the donor to deduct only 33% of the value of their donation. This would effectively eliminate the tax incentives for donations of conservation easements.

Landowners can also choose to donate their land, or sell it for less than its value. Those who do so qualify for a tax deduction. However, the JCT proposal would slash this incentive, by limiting deductions to the price the landowner originally paid for the property. This would make it extremely difficult for farmers, ranchers, and other residents who have owned their lands for decades to be able to afford to donate.

With development and sprawl threatening the ability of the National Wildlife Refuge System to carry out its mission of protecting wildlife and their habitat, private landowners have a critical role to play in conservation. Incentives to private landowners are one of the best ways to conserve America's wildlife beyond refuge borders. Conservation tax incentives encourage voluntary charitable gifts, respect private property rights, and keep land on the tax rolls.

The Joint Committee on Taxation is a body looked to by the Congress for expert advice on tax matters. The Committee's recommendations stem from cases of abuse of deductions for historic facade and conservation easements, and the difficulty of policing easement appraisals by the Internal Revenue Service. Unfortunately, the proposals of the JCT punish all land donors, fail to identify abusers, and wreak havoc with private, voluntary conservation, at a time when it is needed more than ever.

The National Wildlife Refuge Association (NWRA) has posted an Action Alert on the Refuge Action Network that allows you to contact your elected officials in Congress about conservation tax incentives. You can take action by visiting http://refugenet.e-actionmax.com.

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National Bison Range Agreement Goes Into Effect

The annual funding agreement (AFA) between the FWS and Confederated Salish and Kootenai Tribes (CSKT), which transfers approximately half of the refuge staff positions and budget at the National Bison Range in Montana to the tribes, went into effect March 15. Although Congress had 90 days to review the agreement, no official action was taken.

The agreement will last for eighteen months, at which time the CSKT and FWS can negotiate for another 12-month agreement.

On March 16, the day following implementation of the annual funding agreement, Senator Conrad Burns (R-MT), Chairman of the Interior Appropriations Subcommittee, promised to hold hearings prior to the signing of another agreement at the Bison Range. No date has been set for the hearings; however, the agreement runs through September 30, 2006.

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Yukon Flats NWR Land Exchange Comment Period Extended

As reported in the March 2005 issue of Capitol Flyer, the FWS is considering a proposed land exchange at the Yukon Flats NWR in Alaska. The proposed 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 Yukon Flats NWR.

The comment period for the proposed land exchange was originally set to end on April 1; however, the FWS has extended the comment deadline by 120 days to July 30.

The agreement provides Doyon title to some refuge lands that may hold developable oil and gas resources. In exchange, the FWS would receive habitat currently owned by Doyon within the refuge boundary. More information on the proposed land exchange can be found at http://alaska.fws.gov/index.htm.

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Deputy Secretary of the Interior Nomination Held Up

As reported in the March 2005 issue of Capitol Flyer, President Bush nominated Lynn Scarlett to serve as Deputy Secretary of the Interior. Currently, she is the Assistant Secretary of Policy, Management, and Budget at the Department.

Scarlett's nomination is contingent upon confirmation by the Senate. Recently, however, Senator Bill Nelson (D-FL) placed a procedural hold on Scarlett's nomination until he receives assurances the Interior Department will not renege on its pledge to limit outer continental shelf (OCS) petroleum leases near Tampa.

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Take Action, with the NWRA!

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? To do so, you will be required to enter your home address (this information is used to determine your members of Congress). Help make a difference on refuge issues by utilizing the NWRA's RAN e-advocacy tool at http://refugenet.e-actionmax.com. 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.